STAND. COM. REP. NO. 991-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2201
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Legislative Management, to which was
referred S.B. No. 2201 entitled: 

     "A BILL FOR AN ACT RELATING TO PUBLIC SERVICE,"

begs leave to report as follows:

     The purpose of this bill is to:

     (1)  Require a defined group of "eligible public officers"
          to testify before any legislative committee, court,
          judge, officer, board, or commission;

     (2)  Define "eligible public officers" to mean the Governor,
          Lieutenant Governor, members of both houses of the
          Legislature, directors and deputy directors of public
          departments and temporary authorities created by state
          statute or the State Constitution, members of public
          boards and commissions created by state statute or the
          State Constitution, and all those who occupy any
          similar position in the government of the State or any
          political subdivision thereof; and

     (3)  Repeal an outdated reference in sections 78-8 and 78-9,
          Hawaii Revised Statutes (HRS), to repealed chapter 85,
          HRS.

     Your Committee finds that the law only gives state and
county legislative bodies subpoena authority over Executive
Branch officials who have taken a loyalty oath.  Since the

 
 
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loyalty oath, as found in what was chapter 85, HRS, was repealed
several years ago, this subpoena authority no longer has any
legal effect.

     Without the ability to require the presence of Executive
Branch officials, no state or county legislative body can be
expected to perform their appropriate policymaking role.  As a
result, your Committee finds that this measure is needed to
preserve the integrity of state and county legislative bodies in
Hawaii.

     As affirmed by the record of votes of the members of your
Committee on Legislative Management that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 2201 and recommends that it pass Second Reading and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Legislative
                                   Management,



                                   ______________________________
                                   EZRA KANOHO, Chair