STAND. COM. REP. NO. 828

Honolulu, Hawaii

RE: S.B. No. 748

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 Judiciary, to which was referred S.B. No. 748 entitled:

"A BILL FOR AN ACT RELATING TO BOARD MEMBERS,"

begs leave to report as follows:

The purpose and intent of this measure is to permit two or more members of a board to attend State of the City, State of the County, State of the State, or State of the Judiciary addresses.

Your Committee received testimony in support of this measure from the Office of Information Practices. Your Committee received comments on this measure from the Civil Beat Law Center for the Public Interest.

Your Committee finds that public addresses by certain elected or appointed individuals such as the State of the City, State of the County, State of the State, and State of the Judiciary are important civic events where new policy initiatives are unveiled and the intentions of public offices are presented. Your Committee further finds that while the Sunshine Law may allow joint attendance at these types of events, clarity is needed on the scope of any discussions and activities. As currently written this measure does not address permissible and impermissible discussions of board members that may occur during and as part of the event. In addition, in keeping with the spirit of the Sunshine Law, clarity is needed to ensure that no commitment to vote is made or sought by board members at these events.

Accordingly, your Committee has amended this measure by:

(1) Restricting board members from discussing the business of the board while attending a State of the City, State of the County, State of the State, or State of the Judiciary address except during and as part of the event; and

(2) Prohibiting a commitment to vote from being made or sought by any board member at these types of events.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 748, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 748, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair