STAND. COM. REP. NO. 2920

Honolulu, Hawaii

RE:    H.B. No. 2404

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Economic Development and Technology and Judiciary and Labor, to which was referred H.B. No. 2404, H.D. 1, entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to require any board, as defined under section 92-2, Hawaii Revised Statutes, to make its minutes available in hard copy form and by electronic posting on its website, or if it does not have a website, on the official internet website of the State of Hawaii or the official website of the appropriate county.

     Your Committees received testimony in support of this measure from the Office of Information Practices; Hawaii State Public Library System; High Technology Development Corporation; Department of Planning and Permitting, City and County of Honolulu; and two members of the Maui County Council.  Your Committees received comments on this measure from the Department of Accounting and General Services and the Disability and Communication Access Board.

     Your Committees find that this measure addresses only one component of the State's initiatives to provide greater public access to public information and documents through technology.

     Your Committees have therefore amended this measure by deleting its contents and replacing them with the language from S.B. No. 2233, S.D. 2, and S.B. No. 2234, S.D. 2, which address the issue of enhanced access to public information in a more comprehensive manner.

     As amended, this measure:

     (1)  Authorizes government agencies to disseminate publications of notice electronically or in a daily or weekly publication of statewide circulation, or in a daily or weekly publication in the affected county, as appropriate, and requires the public notices and the websites to be accessible to the disabled, the elderly, and other individuals who require state assistance to access the notices and websites;

     (2)  Eliminates the requirement to file hard-copy notices of public meetings with the Office of the Lieutenant Governor or county clerk and requires the notice to be posted on the electronic calendar maintained on the State of Hawaii's internet website or appropriate county's internet website, on the website of the board or the website of the department within which the board is established if the board does not have a website;

     (3)  Requires all government agencies, boards, commissions, authorities, and committees to post electronic copies of their agendas and minutes online, and for a state board, to post online any written materials distributed to the board at the meeting, to the extent that such materials would be required to be disclosed by law;

     (4)  Requires all government agencies, boards, commissions, authorities, and committees to transmit electronic copies or hard copies of meeting notices to persons who request notification;

     (5)  Appropriates funds for the operational expenses of the Office of Information Management and Technology, including establishment of a centralized website of the State for the dissemination of public information;

     (6)  Appropriates funds for the Hawaii State Public Library System for support services for public access to public electronic information; and

     (7)  Takes effect July 1, 2012, provided that the amended publication of notice requirements under section 1-28.5, Hawaii Revised Statutes, shall take effect on July 1, 2013.

     As affirmed by the records of votes of the members of your Committees on Economic Development and Technology and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2404, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2404, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Economic Development and Technology and Judiciary and Labor,

____________________________ CLAYTON HEE, Chair

____________________________ CAROL FUKUNAGA, Chair