STAND. COM. REP. NO. 508

Honolulu, Hawaii

RE: S.B. No. 869

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 869 entitled:

"A BILL FOR AN ACT RELATING TO THE YOUTH COMMISSION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify that a majority of the members appointed to the Youth Commission shall constitute a quorum to do business; and

(2) Authorize the Youth Commission to appoint an Executive Director.

Your Committee received testimony in support of this measure from the Hawai‘i Youth Services Network. Your Committee received comments on this measure from the Department of Human Services, Office of Youth Services, and one individual.

Your Committee finds that Act 106, Session Laws of Hawaii 2018, established the Youth Commission, whose mission is to advise the Governor and Legislature on the effects of legislative policies, needs, assessments, priorities, programs, and budgets as they relate the youth of the State. Your Committee finds that over the past year, the Youth Commission has struggled with membership and has often not had the ability to establish quorum to conduct official business. This measure will allow the Youth Commission to establish quorum and conduct business.

Your Committee further finds that most boards and commissions across the State have an Executive Director, such as the Disabilities and Communications Access Board and the State Council on Developmental Disabilities. Your Committee also finds that many commissions are authorized to appoint their own Executive Director. Allowing the Youth Commission to appoint its own Executive Director will give it the opportunity to select an individual to best represent the commission, while providing the necessary administrative support and leadership.

Your Committee acknowledges testimony raising concerns over imposing the responsibility of making employment decisions, which carry inherent legal liability, onto members of the Youth Commission who are aged fourteen to twenty-four years old, who do not have the necessary education or relevant work experience to make such decisions. Your Committee also acknowledges the testimony of the Department of Human Services, stating that there is an existing administrator position for the Youth Commission that is currently open, and if the Legislature prefers an Executive Director instead of the current civil service position, the Department will require an additional appropriation to address the difference in salary and benefits and time to add the new position to the organization. Therefore, amendments to this measure are necessary to address this concern.

Accordingly, your Committee has amended this measure by:

(1) Deleting language that would have allowed the Youth Commission to appoint its own Executive Director; and

(2) Inserting an effective date of December 31, 2050, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 869, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 869, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

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JOY A. SAN BUENAVENTURA, Chair