STAND. COM. REP. NO. 314

Honolulu, Hawaii

RE: S.B. No. 381

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. 381 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:

(1) Require appointments and selections of heads of state divisions and agencies that require a board approval to be made through a publicly established process and timeline;

(2) Require the approval of the process and timeline to appoint or select a new head of a state division or agency to be determined in an open meeting;

(3) Require that votes to appoint or select heads of state divisions and agencies be conducted in an open meeting; and

(4) Establish that any vote to appoint or select a head of a state division or agency cast in violation of the foregoing shall be invalid.

Your Committee received comments on this measure from the Office of Information Practices, League of Women Voters of Hawaii, and Public First Law Center.

Your Committee finds that transparency in government is central to preventing corruption and maintaining public trust. This transparency is of particular importance in relation to the selection of heads of state divisions and agencies as the decisions of these executives directly impact the lives of residents. This measure protects the public interest and ensures good governance by establishing a clear statutory framework mandating transparency, accountability, and public participation in the selection processes for board‑approved heads of state divisions and agencies.

Your Committee acknowledges the concerns raised in testimony regarding the scope of this measure and whether it sufficiently shines light on the correct steps of the selection process to achieve its goals of transparency. Your Committee finds that this issue raises concerns that merit further consideration and requests further examination by your Committee on Judiciary.

Accordingly, your Committee has amended this measure by inserting an effective date of January 1, 2491, to encourage further discussion.

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. 381, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 381, 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