STAND

STAND. COM. REP. NO. 1408

Honolulu, Hawaii

, 2005

RE: H.B. No. 551

H.D. 1

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 551, H.D. 1, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to clarify provisions of Hawaii's open meetings law.

Specifically, this measure:

(1) Allows two board members to discuss between themselves matters relating to the official business of the board, provided that they do not constitute a quorum of their board; and

(2) Permits two or more board members, but less than the number required for a quorum, to testify or make presentations about matters relating to the official business of the board at the meetings of other boards or before the Legislature provided that certain requirements are satisfied.

Testimony in support of this measure was submitted by the Office of Information Practices, the Department of the Corporation Counsel for the City and County of Honolulu, three members of the Maui County Council, and the League of Women Voters of Hawaii. The Board of Education and the Society of Professional Journalists-Hawaii Chapter testified in opposition to the measure.

This measure amends provisions of Hawaii's open meetings law by delineating the scope of permissible interactions between board members. This measure is designed to balance the need for adherence to the requirements of the open meetings law with the need for board members to interact and communicate with each other as well as make presentations before other boards or the Legislature without being subject to quorum requirements.

Your Committee has amended this measure by technical, non-substantive amendments for purposes of clarity.

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 H.B. No. 551, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 551, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair