STAND. COM. REP. NO. 2935

Honolulu, Hawaii

RE:    H.B. No. 2139

       H.D. 1

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred H.B. No. 2139, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to allow an unlimited number of members of a county council to jointly attend informational meetings or presentations without violating the Sunshine Law, under certain conditions.

     Your Committee received testimony in support of this measure from three individuals.  Your Committee received testimony in opposition to this measure from the Office of Information Practices, Common Cause Hawaii, League of Women Voters, and four individuals.  Your Committee received comments on this measure from two individuals.

     Your Committee finds that as elected officials, it is the job of county council members to find out how people in the community feel about policy issues and to become educated on those issues.  However, under section 92-2.5(e), Hawaii Revised Statutes, if at least a number that constitutes a quorum of county council members attends any meetings or presentations open to the public, those members in attendance may be in violation of the Sunshine Law.  This measure will increase communication between county council members and their constituents, while providing public protection against inadequate notice of discussions by county council members in which or by which people may be interested or affected.

     Your Committee notes that the companion to this measure, S.B. No. 2962, S.D. 1, Regular Session of 2014 which previously passed Second Reading in the Senate, contains language creating a limited meeting where any number of county council members may attend a community group's meeting to discuss council business, provided that certain requirements are met.

     Your Committee additionally finds that the language in S.B. No. 2962, S.D. 1, is preferable because it allows any number of county council members to hold limited meetings, yet still provides protection for the public.

     Accordingly, your Committee has amended this measure by deleting its contents and inserting the contents of S.B. No. 2962, S.D. 1, a substantively similar measure, which:

     (1)  Describes the legislature's findings and the purpose of the measure in accordance with the amendments;

     (2)  Allows any number of county council members to attend and hold a limited public meeting to discuss council business, as the guest of a board or community group holding its own meeting, through June 30, 2018;

     (3)  Requires notice of the limited meeting to meet the requirements of section 92-7, Hawaii Revised Statutes;

     (4)  Requires a board or community group that is subject to part I, chapter 92, Hawaii Revised Statutes, and holding a meeting that a county council is attending, to meet the requirements of part I, chapter 92, Hawaii Revised Statutes;

     (5)  Restricts such limited meetings of a county council to no more than one per month for any one board or community group;

     (6)  Requires all limited meetings to be held in the State;

     (7)  Prohibits limited meetings from being held to circumvent part I, chapter 92, Hawaii Revised Statutes; and

     (8)  Repeals on June 30, 2018.

     Your Committee further amended this measure to provide that notice of a limited meeting may include an agenda.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2139, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2139, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

____________________________

WILL ESPERO, Chair