STAND. COM. REP. NO. 755-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 267
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 267, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO Government,"
begs leave to report as follows:
The purpose of this bill is to establish limited immunity:
(1) For counties from liability arising out of county public parks, including skateboard parks; and
(2) For the State and counties from liability arising out of hazardous recreational activities.
Your Committee made available to the public a proposed H.B.
No. 267, H.D. 2, prior to the hearing and received testimony on the proposed draft bill. The proposed House draft:
(1) Transferred the Office of Elections, Elections Appointment and Review Panel, and Campaign Spending Commission from the Department of Accounting and General Services to the Judiciary for administrative purposes;
(2) Transferred the State Ethics Commission from the Office of the Auditor to the Judiciary for administrative purposes; and
(3) Changed the selection process for the Judicial Council.
The Campaign Spending Commission and the Hawaii Clean Elections Coalition testified in support of the bill. The League of Women Voters offered strong support for the bill, except as it applied to the Ethics Commission and Judicial Council. The State Ethics Commission opposed the bill as it applied to the Ethics Commission itself and the Judicial Council. The Attorney General testified in opposition to the bill. The Judiciary offered their concerns regarding the bill. The Council of Governmental Ethics Laws offered comments.
Your Committee has amended this bill by deleting its contents and replacing it with language that provides for:
(1) Transfer of the Office of Elections, Elections Appointment and Review Panel, and Campaign Spending Commission from the Department of Accounting and General Services to the Judiciary for administrative purposes;
(2) Modification of the number of members, their terms, and the appointment process for the Judicial Council; and
(3) Technical, nonsubstantive amendments for clarity, consistency, and style.
Your Committee finds it appropriate to attach the Office of Elections, Elections Appointment and Review Panel, and Campaign Spending Commission to the Judiciary for administrative purposes. As a separate and independent branch of government, the Judiciary has no elected officials and conducts significant administrative duties in addition to its judicial functions. Therefore, the Judiciary is an ideal environment in which these agencies may maintain their independence while still ensuring administrative accountability.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 267, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 267, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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