REPORT TITLE:
Legislative Subpoena Powers


DESCRIPTION:
Defines and requires "eligible public officers" to testify.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2201
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC SERVICE.



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

 1      SECTION 1.  The purpose of this Act is to amend sections
 
 2 78-8 and 78-9, Hawaii Revised Statutes, in order to require a
 
 3 defined group of "eligible public officers" to testify before any
 
 4 legislative committee, court or judge, or any officer, board, or
 
 5 commission.  This Act also repeals outdated references in
 
 6 sections 78-8 and 78-9, Hawaii Revised Statutes, to repealed
 
 7 chapter 85, Hawaii Revised Statutes.
 
 8      SECTION 2.  Section 78-8, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§78-8 Persons subject to sections 78-8 to 78-11.  The
 
11 persons subject to sections 78-8 to 78-11 are those elected to or
 
12 appointed to or employed in the government of the State or any
 
13 county, or in any political subdivision thereof, or appointed to
 
14 or employed in any office or employment any part of the
 
15 compensation of which is paid out of public funds, and who are
 
16 [required to take and subscribe a loyalty oath or affirmation
 
17 pursuant to chapter 85.  All persons exempted from the
 
18 requirements of chapter 85 are and shall be exempted from
 
19 sections 78-8 to 78-11.] eligible public officers.  As used in
 

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

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