STAND. COM. REP. NO. 670-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2361

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2361 entitled:

"A BILL FOR AN ACT RELATING TO THE PUBLIC AGENCY MEETINGS,"

begs leave to report as follows:

The purpose of this bill is to clarify which government entities are subject to the Sunshine Law.

Your Committee received testimony in support of this measure from the Attorney General.

Advocates for Consumer Rights, the Community Television Producers Association, League of Women Voters of Hawaii, Life of the Land, Society of Professional Journalists Hawaii Chapter, several members of the Maui County Council, and two concerned individuals testified in opposition to this measure.

The Office of Information Practices submitted testimony taking no position on the measure, but offered comments.

Your Committee finds that clarifying whether various volunteer advisory board are required to comply with the public meetings requirements of chapter 92, Hawaii Revised Statutes (HRS), will enhance public participation in these worthwhile entities.

Your Committee adopted several suggestions from the Office of Information Practices. Specifically, your Committee has amended this bill by:

(1) Deleting the provision that would have added a new section to Chapter 92, HRS;

(2) Amending the definition of "board" to:

(A) Include a provision that subordinate entities of a board are deemed a board except as provided in section 92-2.5, HRS;

(B) Refer to the board as an entity, rather than a group entity; and

(C) Specify that the entity is to consist of two or more persons;

and

(4) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2361, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2361, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair