STAND. COM. REP. NO.  606

 

Honolulu, Hawaii

                , 2011

 

RE:   H.B. No. 109

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 109 entitled:

 

"A BILL FOR AN ACT RELATING TO THE SUNSHINE LAW,"

 

begs leave to report as follows:

 

     The purpose of this bill to allow more circumstances under which public officials are permitted to gather.  Among other things, this measure allows two or more members of a board to attend public gatherings if:

    

     (1)  That number is less than the number required for quorum;

 

     (2)  In the case of public gatherings or community events, the event is not related to matters currently under official deliberation or pending action, and attendance was disclosed to the board prior to the event; and

 

     (3)  In the case of professional association conferences and professional development activities, the board member posts a publicly accessible report of activities conducted.

 

     Several councilmembers of the Maui County Council and concerned individuals testified in support of this measure.  The Office of Information Practices (OIP) and League of Women Voters of Hawaii offered comments.

 

Your Committee notes the concerns about this bill's relevance, including comments from OIP.  Nonetheless, your Committee finds the neighborhood board system is an informative and appropriate guide to achieve the appropriate balance between the need for public officials to interact with the constituency and transparent decision making.  Neighborhood board members are permitted to attend qualifying information meetings or presentation that are not specifically and exclusively organized for or around the board members.  With the following amendments, your Committee finds this measure merits further consideration.

 

Your Committee has amended this measure by:

 

     (1)  Allowing attendance at a public gathering or community event that does not relate to official board business over which the board is exercising adjudicatory, advisory, or legislative powers, and is not organized for the members of the board;

 

     (2)  Changing its effective date to January 7, 2050, to encourage further discussion; and

 

     (3)  Making technical, nonsubstantive changes for clarity, consistency, and style.

 

     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. 109, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 109, H.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

 

____________________________

GILBERT KEITH-AGARAN, Chair