REPORT TITLE: 
Legislative Materials


DESCRIPTION:
Transfers responsibility for the sale of legislative materials
from the Lieutenant Governor to the Revisor of Statutes.
(HB1221 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1221
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                     A BILL FOR AN ACT

RELATING TO LEGISLATIVE MATERIALS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 23G-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§23G-3 General purposes of bureau.  The purpose of the
 
 4 office of the legislative reference bureau shall be to:
 
 5      (1)  Provide a comprehensive research and reference service
 
 6           on legislative problems for the legislature;
 
 7      (2)  Conduct impartial research, including legal research,
 
 8           as may be necessary for the enactment of substantive
 
 9           legislation, upon request by the legislature,
 
10           legislative committees, or legislators, or on its own
 
11           initiative;
 
12      (3)  Disseminate its research findings to the legislature on
 
13           all research projects undertaken upon the request of
 
14           the legislature or legislative committees;
 
15      (4)  Secure reports of various officers and boards of the
 
16           State and as far as may be of the states and of the
 
17           other territories of the United States and such other
 
18           material, periodicals, or books as will furnish the
 
19           fullest information practicable upon all matters
 
20           pertaining to current or proposed legislative problems;
 

 
Page 2                                                     1221
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (5)  Secure information for the legislature, legislative
 
 2           committees, and legislators by cooperating with the
 
 3           legislative reference services in the states and with
 
 4           the legislative service conference maintained by the
 
 5           council of state governments;
 
 6      (6)  Maintain a reference library for use by the legislature
 
 7           and legislative service agencies.  Subject to the
 
 8           priorities established by the director, reference
 
 9           materials may be made available to the various
 
10           departments and agencies of the State and the general
 
11           public;
 
12      (7)  Draft or aid in drafting bills, resolutions, memorials,
 
13           and amendments thereto, including committee reports,
 
14           for the legislature, legislative committees, and
 
15           legislators when requested;
 
16      (8)  Control and maintain the operations of any legislative
 
17           data processing program as may be established;
 
18      (9)  Serve, upon request, in an advisory capacity to the
 
19           legislature and its committees on all matters within
 
20           its competencies and responsibilities;
 
21     (10)  Assist, upon request, legislative service agencies on
 
22           matters within its competency;
 
23     (11)  Perform the function of statute revision [and],
 

 
Page 3                                                     1221
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           publication, and sale of session laws, supplements, and
 
 2           replacement volumes; and
 
 3     (12)  Maintain the public access room established by chapter
 
 4           21G."
 
 5      SECTION 2.  Section 23G-18, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§23G-18  Sale and distribution.  (a)  The session laws,
 
 8 supplements, and replacement volumes shall be sold and
 
 9 distributed by the [lieutenant governor] revisor of statutes at a
 
10 price fixed by the [lieutenant governor.] revisor of statutes.
 
11 The money received therefor shall be paid into the state treasury
 
12 to the credit of the general fund.  The [lieutenant governor]
 
13 revisor of statutes may furnish the session laws, supplements,
 
14 and replacement volumes to public officials for official use free
 
15 of charge.  
 
16      (b)  As used in this [chapter, public officials] section,
 
17 "public officials" include officials of the state and county
 
18 governments, of the congressional delegation of the State, of the
 
19 United States District Court, District of Hawaii, and of the
 
20 United States Attorney's Office in Hawaii."
 
21      SECTION 3.  Section 26-1, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "§26-1  Office of the lieutenant governor.(a)  Except as
 

 
Page 4                                                     1221
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 otherwise provided by law, the lieutenant governor is designated
 
 2 the secretary of state for intergovernmental relations and shall
 
 3 perform the duties and functions heretofore exercised by the
 
 4 secretary of Hawaii.  The duties and functions shall include, but
 
 5 not be limited to, [recordation of all legislative and
 
 6 gubernatorial acts,] certification of state documents[,] and
 
 7 maintenance of an official file of rules adopted by state
 
 8 departments as provided in chapter 91.  The lieutenant governor
 
 9 may employ staff as necessary without regard to chapters 76 and
 
10 77.
 
11      (b)  The lieutenant governor, with the approval of the
 
12 governor, may designate some other officer of the government of
 
13 the State to authenticate documents on behalf of the lieutenant
 
14 governor during the lieutenant governor's temporary absence
 
15 outside the State or during the lieutenant governor's illness
 
16 whenever the documents require the signature of the lieutenant
 
17 governor.  The person shall affix the person's own signature to
 
18 the document with the words, "for the lieutenant governor"
 
19 following and the signature shall be deemed to satisfy the
 
20 requirement of the lieutenant governor's signature on the
 
21 document.  The designation and approval shall be in writing and
 
22 shall be filed in the office of the governor and a copy thereof,
 
23 certified by the governor, shall be filed with the public
 

 
Page 5                                                     1221
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 archives.  The person so designated shall serve without
 
 2 additional compensation and the lieutenant governor shall be
 
 3 responsible and liable on the lieutenant governor's official bond
 
 4 for all acts done by the person so designated in the performance
 
 5 of the duties on behalf of the lieutenant governor.
 
 6      (c)  Nothing in this section shall be construed to authorize
 
 7 the person to exercise and discharge the powers and duties of the
 
 8 office of the governor as provided by the first paragraph of
 
 9 Article V, section 4, of the Constitution of the State.  The
 
10 person shall not be authorized to exercise any powers whenever a
 
11 successor to the lieutenant governor assumes the duties of the
 
12 lieutenant governor pursuant to Article V, section 4, of the
 
13 Constitution.
 
14      (d)  In addition to the functions and duties provided by
 
15 law, the lieutenant governor shall assume administrative
 
16 responsibility for the Hawaii state commission on the status of
 
17 women and the office of information practices.
 
18      (e)  The governor shall identify and direct other duties as
 
19 necessary to the lieutenant governor."
 
20      SECTION 4.  Section 93-15, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]§93-15  Legislative journals; sale and distribution.[]]
 
23 (a)  The journals of the senate and house of representatives,
 

 
Page 6                                                     1221
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 published in accordance with the rules of each house of the
 
 2 legislature, shall be sold and distributed to the public by the
 
 3 [lieutenant governor] revisor of statutes at a price fixed by the
 
 4 [lieutenant governor.] revisor of statutes.  The money received
 
 5 therefor shall be paid into the state treasury to the credit of
 
 6 the general fund.  The [lieutenant governor] revisor of statutes
 
 7 may furnish the journals of the senate and house of
 
 8 representatives to public officials for official use free of
 
 9 charge.  
 
10      (b)  As used in this section, [public officials] "public
 
11 officials" include officials of the state and county governments,
 
12 of the congressional delegation of the State, of the United
 
13 States District Court, District of Hawaii, and of the United
 
14 States Attorney's Office in Hawaii."
 
15      SECTION 5.  Section 91-4.3, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  The [lieutenant governor] legislative reference bureau
 
18 shall sell the Hawaii administrative rules index and its
 
19 supplements at prices [which] that, as nearly as practicable,
 
20 [will] shall reimburse the State for all costs incurred for
 
21 printing, publication, and distribution."
 
22      SECTION 6.  Act 27, Special Session Laws of Hawaii 1995, as
 
23 amended by Act 13, Session Laws of Hawaii 1996, is amended by
 
24 amending section 15 to read as follows:
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "SECTION 15.  This Act shall take effect on July 1, 1995;
 
 2 provided that [on]:
 
 3      (1)  On June 30, 1999, this Act shall be repealed except for
 
 4           section 9; and [sections]
 
 5      (2)  Sections 11-1, 11-2, 11-5, 11-191, 11-194, 11-195,
 
 6           11-216, and 12-8, [and 26-1,] Hawaii Revised Statutes,
 
 7           shall be reenacted in the form in which they read on
 
 8           the day before the effective date of this Act."
 
 9      SECTION 7.  There is appropriated out of the general
 
10 revenues of the State of Hawaii the sum of $       or so much
 
11 thereof as may be necessary for fiscal year 1999-2000 to
 
12 facilitate the transfer of duties and responsibilities for the
 
13 sale of legislative materials from the lieutenant governor to the
 
14 revisor of statutes.
 
15      The sum appropriated shall be expended by the legislative
 
16 reference bureau for the purposes of this Act.
 
17      SECTION 8.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 9.  This Act shall take effect upon its approval;
 
20 provided that:
 
21      (1)  Section 6 shall take effect on June 29, 1999; and
 
22      (2)  Section 7 shall take effect on July 1, 1999.