STAND. COM. REP. NO.  1710-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 1311

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred S.B. No. 1311 entitled:

"A BILL FOR AN ACT RELATING TO SALARY PAYMENTS,"

begs leave to report as follows:

     The purpose of this bill is to eliminate the need for the Governor to physically sign paychecks.

     Your Committee distributed a proposed S.B. No. 1311, H.D. 1, prior to the public hearing on this measure and requested that testimony be submitted on the proposed S.B. No. 1311, H.D. 1.

     The Office of the Governor, Department of the Attorney General, and Office of Collective Bargaining opposed this bill.  The Hawaii Government Employees Association AFSCME Local 152 AFL-CIO and the League of Women Voters of Hawaii submitted comments.

     Your Committee has amended this measure by deleting its contents and inserting the substance of the proposed S.B. No. 1311, H.D. 1.  As amended, this bill prohibits the use of any appropriations for the payment of salaries of state employees who coerce, intimidate, or otherwise prevent subordinates from sharing information at legislative hearings or in response to other legislative inquiries.

     However, to address concerns raised by the Attorney General your Committee clarified these provisions to ensure that punitive action not be taken if the officer or employee prevents a subordinate from sharing information by right, such as attorney-client privilege.

     Your Committee has further amended this bill by:

(1)  Changing the effective date to July 1, 2059, to encourage further discussion; and

(2)  Making technical, nonsubstantive changes for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1311, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1311, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

MARCUS R. OSHIRO, Chair