Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2810 entitled:

begs leave to report as follows:

The purpose of this measure is to require notification to the Office of Information Practices (OIP) of a civil action brought under the State's sunshine law, and to allow the OIP to intervene in the action as a matter of right.

This measure also clarifies the powers of the OIP and duties to make them more akin to the OIP's powers and duties under chapter 92F, Hawaii Revised Statutes (HRS), relating to the Uniform Information Practices Act.

Testimony in support of this measure was received from the OIP, Animal Rights Hawaii Advocates for Animals, Society of Professional Journalists Hawaii Chapter, and League of Women Voters. Comments were received from a Maui County Council Member.

The intent of this measure is to ensure that the OIP has the power to civilly enforce the open meetings law under part I of chapter 92, Hawaii Revised Statutes. This measure also ensures the uniform application of the sunshine law by all affected boards, thus eliminating public confusion as to whether boards are following the sunshine law as interpreted.

Your Committee finds that this measure allows the OIP to provide more thorough and comprehensive assistance to government and the public under the sunshine law. This measure ultimately benefits the public.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2810 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.