STAND. COM. REP. NO. 413

Honolulu, Hawaii

RE: S.B. No. 1651

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Government Operations, to which was referred S.B. No. 1651 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 require board packets to be posted two or more full business days before a public meeting.

Your Committee received testimony in support of this measure from the Disability and Communication Access Board, Society of Professional Journalists Hawaii Chapter, League of Women Voters of Hawaii, Public First Law Center, and two individuals.

Your Committee received comments on this measure from the Office of Information Practices and Hawaii State Commission on Fatherhood.

Your Committee finds that the intent of the Legislature in passing Act 11, Session Laws of Hawaii 2024 (Act 11), was to provide the public with at least two days to review meeting materials before public meetings. This time for review was intended to allow the public to prepare for the meetings, thereby facilitating more meaningful engagement in public discourse. However, your Committee further finds that the intent of Act 11 has been misinterpreted and board packets are being posted and the public notified late in the evening of the second business day before public meetings thereby depriving the public the review time Act 11 intended to provide. This measure rectifies this problem by clearly denoting the Legislature's intent for the public to have two full business days to review board packets before a public meeting.

Your Committee has amended this measure by:

(1) Requiring board packets to be made available for public inspection no later than 7:45 a.m. on the third business day before, rather than two full business days before, a public meeting;

(2) Requiring the board to provide notice to persons requesting notification of meetings at the time the board packet is made available for public inspection, rather than at the time the packet is distributed to board members and at least two full business days before the meeting;

(3) Inserting an effective date of January 1, 2491, to encourage further discussion;

(4) Amending section 1 to reflect its amended purpose; and

(5) 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. 1651, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1651, 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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ANGUS L.K. MCKELVEY, Chair