STAND. COM. REP. NO. 644-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1765

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1765 entitled:

"A BILL FOR AN ACT RELATING TO GOVERNMENT BOARDS, COMMISSIONS, AND AGENCIES,"

begs leave to report as follows:

The purpose of this bill is to provide for the automatic expiration of the term of a board or commission member upon the adjournment of the second consecutive meeting at which the member was absent and the board failed to constitute a quorum.

The Department of Commerce and Consumer Affairs supported the intent of this bill. The Department of Human Resources Development supported this bill with amendments. The City and County of Honolulu Department of Human Resources and the Radiologic Technology Board opposed this measure. A concerned individual provided comments.

Your Committee finds that this measure will affect lesser committed board and commission members who hinder the attainment of quorum. Your Committee notes that in some instances permit approvals were automatically granted due to a lack of quorum at meetings.

Your Committee does not wish to penalize members whose absences are excused for valid reasons. Some members are appointed for their expertise in a specialized subject area, and the topics on a particular meeting agenda may not concern that area of expertise. Your Committee does not wish to discourage generous community members who serve without compensation from participating on boards and commissions.

Your Committee has amended this measure by:

(1) Clarifying that it does not apply to members whose absences have been excused for a valid reason;

(2) Restricting its application to members of state boards and commissions and excluding those of political subdivisions of the State; and

(3) Excluding members of advisory boards that do not have decision-making authority.

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 H.B. No. 1765, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1765, H.D. 1, and be placed on the calendar for Third Reading.

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

 

____________________________

ERIC G. HAMAKAWA, Chair