STAND. COM. REP. NO. 3320

Honolulu, Hawaii

RE:    H.B. No. 468

       H.D. 1

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 468, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COUNTY ETHICS COMMISSIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to enact standards for the selection of county ethics commissioners to ensure their impartiality and independence.  Specifically, this measure:

     (1)  Requires each county to adopt a charter amendment for a selection process for county ethics commissioners that provides for the Judicial Council to nominate at least three persons for each vacant seat on a county ethics commission for appointment by the mayor; and

     (2)  Establishes standards for the Judicial Council to consider in nominating county ethics commissioners.

     Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii and Common Cause Hawaii.  The Department of the Attorney General submitted comments.

     Your Committee finds that county ethics commissions should be independent and nonpartisan.  The members must have the will and the courage to fulfill their duties with impartiality and due diligence.  The selection process is critical to ensuring their independence and impartiality.

     However, the Department of the Attorney General raised concerns with respect to mandating each county to adopt a charter amendment to provide that the Judicial Council nominate the members to serve on its county ethics commission.  As such, the Department suggested that the selection process for ethics commissioner nominations remain at the discretion of each county.

     Your Committee has amended this measure by:

     (1)  Adopting the language suggested by the Department of the Attorney General to amend section 601-4, Hawaii Revised Statutes, to authorize the Judicial Council to nominate persons for appointment to a county ethics commission only if that county's charter or ordinance requires members of the commission to be appointed from nominations made by the State's Judicial Council; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 468, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 468, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair