REPORT TITLE:
Legislative Subpoena Power


DESCRIPTION:
Appropriates funds to the public access room for moving and
equipment costs and a second full-time staff person.
Appropriates funds for a legislative streaming media pilot
project.  Requires the legislature to sell and distribute
legislative materials.  Appropriates funds to the office of
ombudsman to replace non-Y2K-compliant equipment and software and
maintain system compatibility.  Provides for performance-based
budgeting review.  Appropriates funds for an LRB feasibility
study on establishing biotechnology/high technology industry.
Clarifies the scope of the subpoena powers of legislative bodies
by removing statutory references to repealed Chapter 85, Hawaii
Revised Statutes.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        162
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC SERVICE. 


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

 1                              PART I
 
 2      SECTION 1.  The legislature finds that an important priority
 
 3 of the legislative branch is the enhancement of public service
 
 4 through its various agencies, and through diverse efforts.  The
 
 5 goal of enhanced public service in the legislative branch
 
 6 includes objectives such as:  increasing public access,
 
 7 education, and support for citizen involvement in the legislative
 
 8 process; enhancing the effectiveness of the office of ombudsman
 
 9 to service public complaints; implementing the office of the
 
10 legislative analyst to conduct analyses of the State's economic
 
11 conditions, tax structure and policy, and performance-based
 
12 budgets; enabling the legislative reference bureau to conduct
 
13 feasibility studies on promising economic initiatives; and
 
14 empowering legislative committees, and other governmental bodies,
 
15 to require public officers to testify before them.  
 
16      The purpose of this Act is to enhance public service by
 
17 agencies of the legislative branch, by:  providing funds to the
 
18 public access room to increase its capability to provide public
 
19 access, education, and support to citizens; funding a legislative
 

 
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                                     H.B. NO.           H.D. 1
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 1 media streaming pilot project to allow public access to
 
 2 legislative hearings on the Internet; transferring responsibility
 
 3 for statutory publications from the lieutenant governor to the
 
 4 legislature to increase public access to these publications;
 
 5 funding replacement of the antiquated computer system of the
 
 6 office of the ombudsman to better service citizen complaints;
 
 7 providing initial funding for the office of the legislative
 
 8 analyst to begin conduct of review and analyses of state economic
 
 9 conditions and fiscal matters; providing funds to the legislative
 
10 reference bureau to study the feasibility of establishing and
 
11 fostering a biotechnology and high technology industry in Hawaii;
 
12 and amending statutes to require public officers to testify
 
13 before legislative committees and other governmental bodies.
 
14                              PART II
 
15      SECTION 2.  The Hawaii state legislature has demonstrated
 
16 its commitment to the principle of public access to the
 
17 legislative process by creating programs such as the public
 
18 access room, legislative broadcast project, and the legislative
 
19 website.
 
20      To maintain its commitment to public access, the legislature
 
21 believes that the current level of service to the public from the
 
22 public access room should be maintained.  Public requests for
 
23 services of the public access room have increased dramatically
 

 
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                                     H.B. NO.           H.D. 1
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 1 since its beginning in 1990.  In fiscal year 1997-1998 alone, the
 
 2 public access room received over five thousand eight hundred
 
 3 calls for legislative and other information, serviced about four
 
 4 thousand people who visited the public access room or made
 
 5 requests for service in person, and conducted public access
 
 6 workshops for over two hundred fifty residents.  To meet this
 
 7 increased demand, additional space, equipment, and furniture are
 
 8 needed to accommodate citizens' needs for legislative access and
 
 9 related services.  An additional interim staff person is needed
 
10 to serve the needs of the citizens for legislative access and
 
11 related services.
 
12      The purpose of this Part is to make an appropriation to
 
13 provide for the costs of relocating the public access room, and
 
14 for electronic equipment and furniture purchases, and to provide
 
15 for a second full-time staff person for the public access room.
 
16      SECTION 3.  There is appropriated out of the general
 
17 revenues of the State of Hawaii the sum of $       , or so much
 
18 thereof as may be necessary for fiscal year 1999-2000, to provide
 
19 for moving and equipment costs for the public access room.
 
20      SECTION 4.  There is appropriated out of the general
 
21 revenues of the State of Hawaii the sum of $          , or so
 
22 much thereof as may be necessary for fiscal year 1999-2000, to
 
23 hire a second full-time staff person for the public access room.
 

 
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                                     H.B. NO.           H.D. 1
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 1      SECTION 5.  The sums appropriated shall be expended by the
 
 2 legislative reference bureau for the purposes of this Part.
 
 3                             PART III
 
 4      SECTION 6.  Televised coverage of the state legislative
 
 5 sessions is an important source of information for citizen
 
 6 participation in public proceedings.  At present, some
 
 7 legislative sessions are available through the public broadcast
 
 8 project, but those are only available to people who have access
 
 9 to cable television.  The legislature must reach out in all
 
10 feasible ways to assure that knowledge of the legislature's
 
11 deliberations is as widespread as possible.  One alternate method
 
12 of broadcasting legislative hearings to as many people as
 
13 possible is the publication of legislative events through video
 
14 and audio on the Internet.  This process, calling streaming
 
15 media, is valuable in that it allows the public to access
 
16 legislative sessions whenever they want, not merely at set times.
 
17 All it requires is a standard dial-up connection to the Internet,
 
18 and free software.
 
19      These streaming media programs can be made available
 
20 wherever computers are made available, such as in public
 
21 libraries, schools, youth centers, section centers, and other
 
22 public places.  It would increase public access at a very low
 
23 cost to the State.
 

 
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                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1      The purpose of this Part is to appropriate funds for a pilot
 
 2 streaming media project to allow legislative sessions to be
 
 3 broadcast in streaming media format via the Internet.
 
 4      SECTION 7.  There is appropriated out of the general
 
 5 revenues of the State of Hawaii the sum of $          , or so
 
 6 much thereof as may be necessary for fiscal year 1999-2000, for a
 
 7 legislative audio streaming pilot project.
 
 8      SECTION 8.  The sum appropriated shall be expended by the
 
 9 legislature for the purposes of this Part.
 
10                              PART IV
 
11      SECTION 9.  Currently, although the statutory revision
 
12 responsibility resides with the legislature, the responsibility
 
13 for the sale and distribution resides with the lieutenant
 
14 governor.  Providing the legislature with full oversight over the
 
15 publication, sale, and distribution would enable the legislature
 
16 to improve the usefulness of the statutory publications and
 
17 information and shift more rapidly toward placing all legislative
 
18 information online as a cost-savings and public access
 
19 enhancement.  Accordingly, the purpose of this Part is to
 
20 transfer the responsibility for the sale and distribution from
 
21 the lieutenant governor to the legislature.
 
22      SECTION 10.  Section 23G-3, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 6                                                     162
                                     H.B. NO.           H.D. 1
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 1      "§23G-3 General purposes of bureau.  The purpose of the
 
 2 office of the legislative reference bureau shall be to:
 
 3      (1)  Provide a comprehensive research and reference service
 
 4           on legislative problems for the legislature;
 
 5      (2)  Conduct impartial research, including legal research,
 
 6           as may be necessary for the enactment of substantive
 
 7           legislation, upon request by the legislature,
 
 8           legislative committees, or legislators, or on its own
 
 9           initiative;
 
10      (3)  Disseminate its research findings to the legislature on
 
11           all research projects undertaken upon the request of
 
12           the legislature or legislative committees;
 
13      (4)  Secure reports of various officers and boards of the
 
14           State and as far as may be of the states and of the
 
15           other territories of the United States and such other
 
16           material, periodicals, or books as will furnish the
 
17           fullest information practicable upon all matters
 
18           pertaining to current or proposed legislative problems;
 
19      (5)  Secure information for the legislature, legislative
 
20           committees, and legislators by cooperating with the
 
21           legislative reference services in the states and with
 
22           the legislative service conference maintained by the
 
23           council of state governments;
 

 
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                                     H.B. NO.           H.D. 1
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 1      (6)  Maintain a reference library for use by the legislature
 
 2           and legislative service agencies.  Subject to the
 
 3           priorities established by the director, reference
 
 4           materials may be made available to the various
 
 5           departments and agencies of the State and the general
 
 6           public;
 
 7      (7)  Draft or aid in drafting bills, resolutions, memorials,
 
 8           and amendments thereto, including committee reports,
 
 9           for the legislature, legislative committees, and
 
10           legislators when requested;
 
11      (8)  Control and maintain the operations of any legislative
 
12           data processing program as may be established;
 
13      (9)  Serve, upon request, in an advisory capacity to the
 
14           legislature and its committees on all matters within
 
15           its competencies and responsibilities;
 
16     (10)  Assist, upon request, legislative service agencies on
 
17           matters within its competency;
 
18     (11)  Perform the function of statute revision and
 
19           publication and sale of session laws, supplements, and
 
20           replacement volumes; and
 
21     (12)  Maintain the public access room established by chapter
 
22           21G."
 
23      SECTION 11.  Section 23G-18, Hawaii Revised Statutes, is
 

 
Page 8                                                     162
                                     H.B. NO.           H.D. 1
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 1 amended to read as follows:
 
 2      "§23G-18  Sale and distribution.  The session laws,
 
 3 supplements, and replacement volumes shall be sold and
 
 4 distributed by the [lieutenant governor] legislature at a price
 
 5 fixed by the [lieutenant governor.] legislature.  The money
 
 6 received therefor shall be paid into the state treasury to the
 
 7 credit of the [general] Hawaii legislative publications special
 
 8 fund[.] established under section 21D-5.  The [lieutenant
 
 9 governor] legislature may furnish the session laws, supplements,
 
10 and replacement volumes to public officials for official use free
 
11 of charge.  As used in this chapter, public officials include
 
12 officials of the state and county governments, of the
 
13 congressional delegation of the State, of the United States
 
14 District Court, District of Hawaii, and of the United States
 
15 Attorney's Office in Hawaii."
 
16      SECTION 12.  Section 26-1, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "(a)  Except as otherwise provided by law, the lieutenant
 
19 governor is designated the secretary of state for
 
20 intergovernmental relations and shall perform the duties and
 
21 functions heretofore exercised by the secretary of Hawaii.  The
 
22 duties and functions shall include, but not be limited to,
 
23 [recordation of all legislative and gubernatorial acts,]
 

 
Page 9                                                     162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1 certification of state documents, and maintenance of an official
 
 2 file of rules adopted by state departments as provided in chapter
 
 3 91.  The lieutenant governor may employ staff as necessary
 
 4 without regard to chapters 76 and 77."
 
 5      SECTION 13.  Section 93-15, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]§93-15  Legislative journals; sale and distribution.[]]
 
 8 The journals of the senate and house of representatives,
 
 9 published in accordance with the rules of each house of the
 
10 legislature, shall be sold and distributed to the public by the
 
11 [lieutenant governor] legislature at a price fixed by the
 
12 [lieutenant governor.] legislature.  The money received therefor
 
13 shall be paid into the state treasury to the credit of the
 
14 [general] Hawaii legislative publications special fund.  The
 
15 [lieutenant governor] legislature may furnish the journals of the
 
16 senate and house of representatives to public officials free of
 
17 charge.  As used in this section, public officials include
 
18 officials of the state and county governments, of the
 
19 congressional delegation of the State, of the United States
 
20 District Court, District of Hawaii, and of the United States
 
21 Attorney's Office in Hawaii."
 
22                              PART V
 
23      SECTION 14.  The legislature finds that much of the office
 

 
Page 10                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1 of the ombudsman's computer system is not year 2000 compliant.
 
 2 Moreover, the file server that houses the ombudsman's intranet
 
 3 system and case management system is also noncompliant and is
 
 4 considered obsolete by industry standards.  This Part would allow
 
 5 the office to replace its non-year-2000-compliant equipment and
 
 6 software, including its case management system, and to train
 
 7 staff in the use of the new software.
 
 8      SECTION 15.  There is appropriated out of the general
 
 9 revenues of the State of Hawaii the sum of $           or so much
 
10 thereof as may be necessary for the replacement of non-year-2000-
 
11 compliant equipment and software and to maintain system
 
12 compatibility in the office of ombudsman.  The sum appropriated
 
13 shall be expended by the office of the ombudsman.  The
 
14 appropriation contained in this section shall take effect upon
 
15 the approval of this Act and shall not lapse until June 30, 2000.
 
16                              PART VI
 
17      SECTION 16.  In recognition that the legislature needs its
 
18 own separate fiscal policy office to provide legislators with the
 
19 information needed to develop sound economic and fiscal policies
 
20 for the State, the office of the legislative analyst was
 
21 established in Act 347, Session Laws of Hawaii 1990.
 
22      Other states have established nonpartisan, highly
 
23 specialized and technically proficient legislative fiscal
 

 
Page 11                                                    162
                                     H.B. NO.           H.D. 1
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 1 analysis offices, in addition to the professional staffs of each
 
 2 chamber's money committees, to review executive branch proposals
 
 3 and to appraise the performance of the executive branch in
 
 4 administering legislative enactments.
 
 5      Since the legislature meets for only four months of the
 
 6 year, it has come to rely heavily on the use of session-only
 
 7 staff or employees on loan from the executive branch.  Hawaii is
 
 8 the only state in the nation utilizing staff on temporary loan
 
 9 from executive agencies to support the work of its fiscal
 
10 committees.
 
11      The legislature can provide more effective legislative
 
12 oversight only if it has an independent capacity to review and
 
13 analyze program operations, state economic conditions, and
 
14 overall tax structure and attendant policies.
 
15      The purpose of this Part is to fund the office of the
 
16 legislative analyst and to require the legislative analyst to
 
17 review all performance-based budgets submitted to the legislature
 
18 as provided by law.
 
19      SECTION 17.  Section 21F-7, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  The purpose of the office of the legislative analyst
 
22 shall be:
 
23      (1)  To provide the legislature with research and analysis
 

 
Page 12                                                    162
                                     H.B. NO.           H.D. 1
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 1           of current and projected state revenues and
 
 2           expenditures;
 
 3      (2)  To provide the legislature with a report analyzing the
 
 4           governor's proposed levels of revenue and expenditures
 
 5           for biennial budgets submitted under chapter 37 as well
 
 6           as other supplemental budget submittals to the
 
 7           legislature by the governor;
 
 8      (3)  To provide an analysis of the impact of the governor's
 
 9           proposed revenue and expenditure plans for the next
 
10           biennium;
 
11      (4)  To conduct research matters of economic and fiscal
 
12           policy and to report to the legislature on the result
 
13           of the research;
 
14      (5)  To provide economic reports and studies on the state of
 
15           the State's economy, including trends and forecasts for
 
16           consideration by the legislature;
 
17      (6)  To conduct budget and tax studies and provide general
 
18           fiscal and budgetary information;
 
19      (7)  To review and make recommendations on the operation of
 
20           state programs in order to appraise the implementation
 
21           of state laws regarding the expenditure of funds and to
 
22           recommend means of improving their efficiency; [and]
 
23      (8)  To recommend to the legislature changes in the mix of
 

 
Page 13                                                    162
                                     H.B. NO.           H.D. 1
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 1           revenue sources for programs, in the percentage of
 
 2           state expenditures devoted to major programs, and in
 
 3           the role of the legislature in overseeing state
 
 4           government expenditures and revenue projections[.]; and
 
 5      (9)  To review all performance-based budgets submitted to
 
 6           the legislature as provided by law."
 
 7      SECTION 18.  There is appropriated out of the general
 
 8 revenues of the State of Hawaii the sum of $          , or so
 
 9 much thereof as may be necessary for fiscal year 1999-2000, to
 
10 fund the office of the legislative analyst.
 
11                             PART VII
 
12      SECTION 19.  To address critical issues, the legislature
 
13 must be able to make decisions rapidly, especially in areas such
 
14 as biotechnology and high technology which may have short windows
 
15 of opportunity to capitalize on.   To do so, the legislature
 
16 requires comprehensive, objective, and timely research and
 
17 analysis that will guide its decisions.
 
18      The purpose of this Part is to appropriate funds to the
 
19 legislative reference bureau to conduct a feasibility study on
 
20 establishing and fostering a biotechnology/high technology
 
21 industry in Hawaii.
 
22      SECTION 20.  There is appropriated out of the general
 
23 revenues of the State of Hawaii the sum of $          , or so
 

 
Page 14                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1 much thereof as may be necessary for fiscal year 1999-2000 for
 
 2 the legislative reference bureau to study the feasibility of
 
 3 establishing and fostering a biotechnology/high technology
 
 4 industry within the State.
 
 5      The study shall include but not be limited to:
 
 6      (1)  The State's potential in developing and maintaining
 
 7           specific types of biotechnology/high technology
 
 8           enterprises;
 
 9      (2)  An assessment of the State's inherent infrastructural
 
10           and educational base;
 
11      (3)  A master capital improvement project and educational
 
12           master plan to effectuate the viable economic
 
13           development of biotechnology/high technology industries
 
14           in the State;
 
15      (4)  A strategy to draw venture capital to the State to
 
16           invest in local biotechnology/high technology
 
17           industries; and
 
18      (5)  Identifying possible "spin-off" economic benefits that
 
19           may occur from the proliferation of successful
 
20           biotechnology/high technology industries in the State.
 
21      The legislative reference bureau shall submit its findings
 
22 and recommendations to the legislature not later than twenty days
 
23 prior to the convening of the 2000 regular session.
 

 
Page 15                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1      The legislative reference bureau may contract the services
 
 2 of a private entity to accomplish the purposes of this Part.
 
 3      SECTION 21.  The sum appropriated shall be expended by the
 
 4 legislative reference bureau for the purposes of this Part.
 
 5                             PART VIII
 
 6      SECTION 22.  The purpose of this Part is to amend sections
 
 7 78-8 and 78-9, Hawaii Revised Statutes, in order to require a
 
 8 defined group of "eligible public officers" to testify before any
 
 9 legislative committee, court or judge, or any officer, board or
 
10 commission.  Outdated references in sections 78-8 and 78-9 of the
 
11 Hawaii Revised Statutes to repealed chapter 85, Hawaii Revised
 
12 Statutes, are repealed by this Act.
 
13      SECTION 23.  Section 78-8, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§78-8 Persons subject to sections 78-8 to 78-11.  The
 
16 persons subject to sections 78-8 to 78-11 are those elected to or
 
17 appointed to or employed in the government of the State or any
 
18 county, or in any political subdivision thereof, or appointed to
 
19 or employed in any office or employment any part of the
 
20 compensation of which is paid out of public funds, and who are[
 
21 required to take and subscribe a loyalty oath or affirmation
 
22 pursuant to chapter 85.  All persons exempted from the
 
23 requirements of chapter 85 are and shall be exempted from
 

 
Page 16                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1 sections 78-8 to 78-11.] eligible public officers.  As used in
 
 2 this section, "eligible public officers" means the governor, the
 
 3 lieutenant governor, the members of both houses of the
 
 4 legislature, the directors and deputy directors of public
 
 5 departments and temporary authorities created by state statute or
 
 6 the state constitution, the members of public boards and
 
 7 commissions created by state statute or the state constitution,
 
 8 and all those who occupy any similar position in the government
 
 9 of the State or any political subdivision thereof."
 
10      SECTION 24.  Section 78-9, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§78-9 Failure to appear or testify, termination of
 
13 employment.  If any person subject to sections 78-8 to 78-11,
 
14 after lawful notice or process, wilfully refuses or fails to
 
15 appear before any court or judge, any legislative committee, or
 
16 any officer, board, or commission, [or other body authorized to
 
17 conduct any hearing or inquiry,] or having appeared refuses to
 
18 testify or to answer any question regarding:
 
19      (1)  [the] The government, property, or affairs of the State
 
20           or of any political subdivision thereof[, or];
 
21      (2)  [the] The person's qualifications for public office or
 
22           employment [(including matters pertaining to loyalty or
 
23           disloyalty),]; or
 

 
Page 17                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1      (3)  [the] The qualifications of any officer or employee of
 
 2           the State or any political subdivision thereof,
 
 3 on the ground that the person's answer would tend to incriminate
 
 4 the person, or refuses to testify or to answer any such question
 
 5 without right, the person's term or tenure of office or
 
 6 employment shall terminate and the office or employment shall be
 
 7 vacant, and the person shall not be eligible [to] for election or
 
 8 appointment to any office or employment under the State or any
 
 9 political subdivision thereof.  To the extent that the State is
 
10 without authority to require, under the constitution or laws of
 
11 the United States, compliance by any public officer or public
 
12 employee herewith, sections 78-8 to 78-11 shall not apply to the
 
13 officer or employee, but the sections shall apply to the extent
 
14 that they or any part thereof can lawfully be made applicable."
 
15                              PART IX
 
16      SECTION 25.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 26.  This Act shall take effect upon its approval;
 
19 provided that sections 3, 4, 7, 18, and 20 of this Act shall take
 
20 effect on July 1, 1999.