STAND. COM. REP. NO. 1070

Honolulu, Hawaii

RE:    H.B. No. 308

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Government Operations, to which was referred H.B. No. 308, 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 board members to provide government records that are open to public inspection to other board members under certain conditions.

     Your Committee received testimony in support of this measure from the Hawai‘i State Association of Counties, Civil Beat Law Center for the Public Interest, and two individuals.  Your Committee received testimony in opposition to this measure from the League of Women Voters.  Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee supports efforts to increase government transparency and efficiency.  Your Committee finds that under this measure, the distribution of the government records is limited to documents open to public inspection.  Your Committee further notes that the greatest need for this measure appears to be to increase the efficiency and transparency of the county councils. 

     Your Committee has amended this measure by:

     (1)  Limiting the circumstances and criteria under which county council members may share government records;

     (2)  Restricting the types of government records that may be transmitted to records created by a person other than an officer or employee of the county council;

     (3)  Clarifying the conditions under which the government records may be transmitted and what the transmittal may contain;

     (4)  Requiring the government records to be accessible to the public no less than twenty-four hours before a council meeting and electronically mailed upon request;

     (5)  Including a repeal date of June 30, 2019; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 308, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 308, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary and Labor.

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

________________________________

DONNA MERCADO KIM, Chair