STAND. COM. REP. NO. 172

Honolulu, Hawaii

RE:    S.B. No. 835

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 835 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 authorize the Judicial Council to nominate persons for appointment to a county ethics commission; provided that the county's charter or ordinance requires members of the commission to be appointed from nominations made by the Judicial Council.

     Your Committee received testimony in support of this measure from the League of Women Voters, Common Cause Hawaii, and one individual.

     Your Committee finds that each member of the Hawaii State Ethics Commission is appointed by the Governor from a panel of ten persons nominated by the Judicial Council.  The Hawaii Supreme Court appoints members of the Judicial Council, which does not presently include legislators.  In contrast, members of each of the county ethics commissions are appointed by the Mayor of the county and confirmed by the county or city council, both of which are subject to oversight by the particular county ethics commission.

     Article XIV of the Hawaii State Constitution provides in pertinent part:  "Each code of ethics shall be administered by a separate ethics commission . . . The members of ethics commissions shall be prohibited from taking an active part in political management or in political campaigns.  Ethics commissioners shall be selected in a manner which assures their independence and impartiality."

     This measure affords the counties the same opportunity the State has been given, to assure the independence and impartiality of their respective ethics commissions, by authorizing the State's Judicial Council to nominate persons for appointment to a county ethics commission.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 835 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

____________________________

WILL ESPERO, Chair