STAND. COM. REP. NO.406

Honolulu, Hawaii

, 2001

RE: S.B. No. 905

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 905 entitled:

"A BILL FOR AN ACT RELATING TO THE ENFORCEMENT OF THE LOBBYIST LAW,"

begs leave to report as follows:

The purpose of this measure is to clarify the jurisdiction of the State Ethics Commission (Commission).

Your Committee received testimony in support of this measure from the Commission.

This measure, among other things:

(1) Repeals the power of the Commission to refer violations of the lobbyist law for prosecution;

(2) Confers jurisdiction on the Commission for investigation and taking other action within six years for violation of the lobbyists law; and

(3) Repeals contested case hearing procedures under the Commission.

According to testimony of the Commission, this measure decriminalizes the lobbyist law, allowing the Commission to solely enforce the law. Your Committee finds that the current method for enforcing the State's lobbyist law is ineffective. It is unlikely that the Attorney General would prosecute petty misdemeanor cases. Because a petty misdemeanor has a one year statute of limitations, allowing the Commission six years to prosecute will enhance enforcement.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 905 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair