STAND. COM. REP. NO. 1640

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.C.R. No. 127
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred
S.C.R. No. 127 entitled:

     "SENATE CONCURRENT RESOLUTION REQUESTING THE LEGISLATIVE
     REFERENCE BUREAU TO CONDUCT A STUDY TO DETERMINE IF HAWAII'S
     ADMINISTRATIVE PROCEDURE ACT AND PUBLIC AGENCY MEETINGS AND
     RECORDS LAWS ARE CURRENTLY DRAFTED TO ENSURE THAT
     DISCUSSIONS, DELIBERATIONS, DECISIONS, AND ACTIONS OF THE
     GOVERNMENT ARE CONDUCTED AS OPENLY AS POSSIBLE,"

begs leave to report as follows:

     The purpose of this Concurrent Resolution is to request the
Legislative Reference Bureau to conduct a study to determine if
Hawaii's Administrative Procedure Act and public agency meetings
and records laws ensure that discussions, deliberations,
decisions, and actions of the government are conducted as openly
as possible.

     In addition, this Concurrent Resolution requests that the
Bureau recommend amendments to the State's administrative
procedures and public proceedings and records laws to ensure that
the concerns addressed in the Concurrent Resolution are resolved,
and that the Bureau, after consulting with the Office of
Information Practices, report findings and recommendations to the
Legislature twenty days before the convening of the Regular
Session of 2000.


 
a                                                     SCR127
 
 
                                   STAND. COM. REP. NO. 1640
                                   Page 2


     Your Committee finds that section 92F-2, Hawaii Revised
Statutes, declares that it is the policy of the State "that the
formation and conduct of public policy--the discussions,
deliberations, decisions, and action of government agencies--
shall be conducted as openly as possible."  That policy, however,
"must be tempered by a recognition of the right of the people to
privacy, as embodied in section 6 and section 7 of Article I of
the Constitution of the State of Hawaii."

     Your Committee finds that this tension between the need for
openness in the formation and conduct of public policy and the
right to privacy is reflected not only in chapter 92F, Hawaii
Revised Statutes (Uniform Information Practices Act (Modified)),
but also in chapter 91 (the Hawaii Administrative Procedure Act)
and chapter 92 (the Public Agency Meetings and Records, or
"sunshine" law).  The intent of these laws is to open up
governmental processes to public scrutiny and participation,
alert constituents regarding government decisions which affect
them, and ensure that inclusive and differing points of views are
considered by the government.  Your Committee finds that the
study requested by this Concurrent Resolution will help to ensure
public confidence in the integrity of governmental processes by
ensuring that these processes are conducted in as open a manner
as possible that maximizes public participation and scrutiny.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 127,
and recommends its adoption.

                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
a                                                     SCR127