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COUNTY OF HAWAII -•� .•= STATE OF HAWAII
.................................
RESOLUTION NO. 295 17
(DRAFT 2)
A RESOLUTION REQUESTING THAT THE HAWAII STATE LEGISLATURE
AMEND CHAPTER 92 OF THE HAWAII REVISED STATUTES TO REQUIRE
ITSELF TO BE SUBJECT TO THE SUNSHINE LAW.
WHEREAS, Hawai`i Revised Statutes (HRS), Chapter 92, Public Agency Meetings and
Records, governs the Sunshine Law; and
WHEREAS, State of Hawai`i Office of Information Practices' website describes the
Sunshine Law as Hawai`i's open meeting law that was established to regulate the manner in
which all state and county boards must conduct their official business; and
WHEREAS, Hawai`i Revised Statutes (HRS), Chapter 92,§92-2 Definitions, defines the
"boards" that it governs as, "any agency, board, commission, authority, or committee of the State
or its political subdivisions which is created by constitution, statute, rule, or executive order, to
have supervision, control, jurisdiction, or advisory power over specific matters and which is
required to conduct meetings and to take official actions."; and
WHEREAS, Hawai`i Revised Statutes (HRS), Chapter 92, § 92-1, Declarations of policy
and intent, describes the significance of holding meetings open to the public as, "Opening up the
governmental processes to public scrutiny and participation is the only viable and reasonable
method of protecting the public's interest."; and
WHEREAS, Hawai`i Revised Statutes (HRS), Chapter 92, § 92-10, Legisltive branch;
applicability, provides that "Notwithstanding any provisions contained in this chapter to the
contrary, open meeting requirements, and provisions regarding enforcement, penalties and
sanctions, as they are to relate to the state legislature or to any of its members shall be such as
shall be from time to time prescribed by the respective rules and procedures of the senate and the
house of representatives, which rules and procedures shall take precedence over this part."; and
WHEREAS, despite the touted importance of holding meetings open to the public for all
state and county boards, the Hawai`i State Legislature is exempted from the applicability of the
Sunshine Law; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Hawai`i State Legislature require itself to be subject to the Sunshine Law in its entirety and
therefore equally accountable to protecting the public's interest.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable David Y. Ige, Governor of the State of Hawai`i, the Honorable Shan
S. Tsutsui, Lieutenant Governor of the State of Hawai`i, the Honorable Ronald D. Kouchi,
Hawai`i State Senate President, the Honorable Kaiali`i Kahele, Hawai`i State Senator, the
Honorable Russell E. Ruderman, Hawai`i State Senator, the Honorable Josh Green, Hawai`i
State Senator, the Honorable Lorraine R. Inouye, Hawai`i State Senator, the Honorable Scott K.
Saiki, Speaker of the House of Representatives, the Honorable Richard P. Creagan, Hawai`i
State Representative, the Honorable Cindy Evans, Hawai`i State Representative, the Honorable
Nicole E. Lowen, Hawai`i State Representative, the Honorable Mark M. Nakashima, Hawai`i
State Representative, the Honorable Richard H.K. Onishi, Hawai`i State Representative, the
Honorable Joy A. San Buenaventura, Hawai`i State Representative, the Honorable Chris Todd,
Hawai`i State Representative, and the Honorable Harry Kim, Mayor, County of Hawai`i.
Dated at Kona , Hawai`i, this 18th day of October , 2017 .
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawaii on October 18, 2017 .
LEE LOY k X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
4114 RUGGLES X
7 0 2 0
0 _
Reference: C-453.2/GREDC 6
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 9S 1
(DRAFT 2)
2