Bill Text: HI SCR142 | 2011 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 142 (Prior Session Legislation)

Introduced

Bill Title: Sunshine Law; Judicial Report on Extent and Use of Boards

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-03-21 - (S) Referred to JDL. [SCR142 Detail]

Download: Hawaii-2011-SCR142-Introduced.html

THE SENATE	S.C.R. NO.	142
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE JUDICIARY TO REPORT oN tHE USE AND EXTENT OF JUDICIARY BOARDS AND ASSOCIATED PUBLIC PaRTICIPATION.

WHEREAS, according to the purpose underlying the Sunshine Law, chapter 92, Hawaii Revised Statutes, it is the policy of this State that discussions, deliberations, decisions, and actions of governmental agencies in formulating and implementing public policy should be conducted as openly as possible; and

WHEREAS, the Sunshine Law specifically excludes the Judicial branch and quasi-judicial boards that exercise adjudicatory functions; and

WHEREAS, the Judicial branch has adjudicative and non‑adjudicative (administrative) functions; and

WHEREAS, the Legislative Reference Bureau has studied other states' application of the Sunshine Law (or equivalents) and has reported that:

"Research indicates that five states explicitly extend applicability of their state sunshine law or open meeting requirements to courts or Judicial entities.... Although expressed somewhat differently by each state, the open meeting applicability is generally limited in four of these states to the administrative functions or the exercise of rulemaking authority of the court."; and

WHEREAS, in the 2009, 2010, and 2011 Regular Sessions, bills were filed that proposed to exclude only the adjudicatory functions of the Judicial branch from the Sunshine Law; and

WHEREAS, Senate Bill No. 130, Regular Session of 2011, proposed the following amendments to the Sunshine Law:

(1) Amend the definition of "board" in section 92-2, Hawaii Revised Statutes, to include the Judiciary;

(2) Amend section 92-6, Hawaii Revised Statutes, to clarify that the adjudicatory functions of the Judicial branch are exempt from chapter 92 meeting requirements; and

(3) Ensure that Judicial branch boards are not subject to Executive branch oversight; and

WHEREAS, the extent of the use of boards by the Judicial branch as described under section 92-2, Hawaii Revised Statutes, is not clearly known; and

WHEREAS, the effect of the above proposed amendments may require further understanding of the need for resources or other considerations; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the Judiciary is requested to provide the Legislature with a report detailing the findings, recommendations, and resource requirements of implementing the Sunshine Law amendments proposed by Senate Bill No. 130 (2011), including specific information regarding:

(1) What Judicial branch boards currently exist or existed as of or were established since January 1, 2001;

(2) How many meetings were held by each of the boards listed in paragraph (1);

(3) For each board listed in paragraph (1), information on:

(A) The level of public participation by non‑judiciary, non-lawyer laypersons in meetings of the board, including membership on the board;

(B) Whether the board gives the public notice and an agenda for meetings; and

(C) Whether and how the board affords the public an opportunity to submit data or oral testimony to the board at its meetings;

(4) If the public is not given notice or allowed to participate in the board meetings, for each board, list and explain who typically participated in the meetings and the reasons for excluding the public; and

(5) For each board listed in paragraph (1), the reports created by the board; and

BE IT FURTHER RESOLVED that the Judiciary is requested to report its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Chair of the Senate Committee on Judiciary and Labor, Chair of the House Committee on Judiciary, Chief Justice of the Hawaii Supreme Court, and the Administrative Director of the Courts.