Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Media, Arts, Science, and Technology, to which was referred S.B. No. 785 entitled:

begs leave to report as follows:

The purpose of this measure is to allow public meetings by video teleconferencing to continue even if the video connectivity is interrupted or stopped.

Your Committee received testimony in support of this measure from the State Council on Developmental Disabilities and Hawaii Health Systems Corporation. Your Committee also received comments regarding this measure from the Office of Information Practices.

Your Committee finds that conducting public meetings via video teleconference allows more people to participate or observe the meetings, especially for neighbor island residents and boards with members at different sites throughout the State. Video teleconferencing is convenient, cost-effective for the State, and saves residents travel costs and time. Your Committee further finds that the State has a very sophisticated teleconferencing capability and infrastructure. Occasionally, technical problems affect the video connectivity, however, audio connections usually can be restored quickly. Your Committee believes that this measure balances the duties of a board to hold public meetings as required by the Sunshine Law, chapter 92, part I, Hawaii Revised Statutes, with the public's right to participate in the board's discussions, deliberations, and decisions.

Your Committee notes concerns raised by the State Council on Developmental Disabilities regarding video teleconferencing and teleconferencing, and believe this measure addresses these issues.

Your Committee has amended this measure to require board consideration to allow a member to participate via teleconference if video teleconferencing facilities are unavailable. Your Committee also has amended this measure by making technical, non-substantive amendments for the purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Media, Arts, Science, and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 785, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 785, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.