STAND. COM. REP. NO. 2287

Honolulu, Hawaii

RE:    S.B. No. 2454

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 2454 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to allow the Judiciary to charge fees to certify copies of pleadings, orders, transcripts, and other documents, as established by court rule.

     Comments regarding this measure were submitted by two state agencies.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

     Your Committee finds that this measure will allow the Judiciary to consider whether to impose a fee for the certification of copies of any pleadings, orders, transcripts, and other documents through rule adopted by the Hawaii Supreme Court.  Your Committee believes, however, that the measure should be amended to exempt state agencies from the payment of these fees while allowing the limitation of this exemption by court rule. 

     Your Committee also recognizes the observation expressed in testimony that the title of this measure, "Public Agency Meetings and Records", seems to refer more than one subject, which arguably touches on the requirement expressed in article III, section 14 of the Hawaii State Constitution that each bill may only embrace one subject, as expressed in its title.  Your Committee notes that the title of the measure is the title of the chapter being amended, chapter 92, Hawaii Revised Statutes, which is one subject.

     Your Committee has amended this measure by:

     (1)  Exempting state agencies from the payment of fees collected for certification of copies, while allowing the limitation of the extent of this exemption by court rule; and

     (2)  Making a technical, nonsubstantive amendment to conform the title of section 92-25, Hawaii Revised Statutes, to the intent of this measure.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2454, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2454, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair