STAND. COM. REP. NO. 249

Honolulu, Hawaii

, 2021

RE: H.B. No. 365

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Government Reform, to which was referred H.B. No. 365 entitled:

"A BILL FOR AN ACT RELATING TO THE ADVICE AND CONSENT OF THE SENATE,"

begs leave to report as follows:

The purpose of this measure is to require nominees for the position of deputy director and deputy chair of each principal department to be subject to advice and consent of the Senate.

Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Human Services.

Your Committee has amended this measure by:

(1) Requiring principal departments who have had a deputy director or deputy chair appointed with the advice and consent of the Senate to report to the Legislature prior to the Regular Session of 2026 on the effectiveness of the process to appoint that deputy director or deputy chair;

(2) Inserting a sunset date of June 30, 2026;

(3) Changing its effective date to July 1, 2112, to encourage further discussion; and

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

Your Committee notes that concerns were raised in testimony on this measure, stating that this measure may hinder a department's ability to fill the position of deputy director or deputy chair with worthy and knowledgeable applicants and ultimately carry out its core duties. Due to these concerns, your Committee has accordingly amended this measure to insert a sunset date of June 30, 2026, which will allow time to evaluate the effectiveness of having a deputy director and deputy chair of a principal department appointed with the advice and consent of the Senate, in case these concerns come to fruition.

As affirmed by the record of votes of the members of your Committee on Government Reform that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 365, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 365, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Government Reform,

____________________________

ANGUS L.K. McKELVEY, Chair