Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 1448 entitled:

begs leave to report as follows:

The purpose of this measure is to allow two or more county council members to appear together to testify before the Legislature or a state board without violating chapter 92, Hawaii Revised Statutes (HRS), the so-called "Sunshine Law."

Your Committee received testimony in support of this measure from the Hawaii County Council and the League of Women Voters of Hawaii. The Office of Information Practices submitted testimony taking no position on this measure.

Your Committee finds that in the past, the Attorney General has opined that it may be a violation of the Sunshine Law for more than two members of a county council to appear before a legislative body or state board to testify. Section 92-2.5, HRS, specifies the situations in which two more county council members may interact, and it is unclear whether testifying before a legislative body or board qualifies.

Therefore, your Committee supports this measure, which clearly specifies that two or more county council members may testify before the Legislature or a state board without violating the Sunshine Law. Of course, if the council members confer with each other regarding official county business while appearing to testify, your Committee believes that such a conference may still be a violation of the Sunshine Law. However, county council members should not have to forfeit their right to testify before the Legislature or a state board.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1448 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.