STAND. COM. REP. NO. 639

Honolulu, Hawaii

RE: S.B. No. 335

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Government Operations, to which was referred S.B. No. 335 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to ensure equal access to notice of public meetings.

Your Committee received testimony in support of this measure from one individual. Your Committee received comments on this measure from the Office of Information Practices, Disability and Communication Access Board, and Hawai‘i Civil Rights Commission.

Your Committee finds that under existing law, state governments are required to provide qualified individuals with disabilities equal access to programs, services, and activities. Your Committee further finds that Hawaii's sunshine law, which allows individuals to request that an agency mail them notices of meetings, does not provide the same access and rights to individuals with disabilities. This measure makes certain changes to the existing law relating to posting of public notices, thereby ensuring equal access by all members of the community to open government meetings and forums.

Your Committee has amended this measure by:

(1) Removing the requirement that a board post a notice that shows "confirmed receipt";

(2) Removing references to "accessible format" and "accessible", due to ambiguity;

(3) Reinstating statutory language that states that failure to post meeting notices shall not require cancellation of a meeting and permits a copy of the notice to be provided electronically; and

(4) 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 S.B. No. 335, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 335, S.D. 1, and be referred to your Committee on Judiciary.

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

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LAURA H. THIELEN, Chair