STAND. COM. REP. 2969

Honolulu, Hawaii

, 2004

RE: H.B. No. 267

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 267, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO GOVERNMENT,"

beg leave to report as follows:

The purpose of this measure is to transfer the Office of Elections, Elections Appointment and Review Panel, and Campaign Spending Commission to the Judiciary for administrative purposes and modify the number of members, their terms, and the appointment process for the Judicial Council.

Testimony in support of this measure was submitted by the Campaign Spending Commission. Testimony in opposition to this measure was submitted by the Department of the Attorney General, Hawaii State Ethics Commission, the League of Women Voters of Hawaii, and Pro Democracy Initiative. Comments were also submitted by the Judiciary and the Office of Elections.

In the 2003 legislative session, the Office of Elections, Elections Appointment and Review Panel, and Campaign Spending Commission were administratively attached to the Department of Accounting and General Services. However, recent issues regarding the autonomy of these offices indicate that these offices may be more appropriately attached to the Judiciary for administrative purposes.

However, your Committees noted concerns from the Judiciary and Department of the Attorney General about the Office of Elections, Elections Appointment and Review Panel, and Campaign Spending Commission being attached to the Judiciary and the possible separation of powers problem.

Thus, to address those concerns, your Committees amended this measure by attaching the Office of Elections, Elections Appointment and Review Panel, and Campaign Spending Commission to the Department of the Attorney General.

Your Committees also noted concerns from the Judiciary, Hawaii State Ethics Commission, the League of Women Voters of Hawaii, and Pro Democracy Initiative regarding the changes to the selection of the Judicial Council. As such, your Committees adopted the recommendations from the testimony by removing section 4 from this measure.

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Transportation, Military Affairs, and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 267, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 267, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Hawaiian Affairs and Transportation, Military Affairs, and Government Operations,

____________________________

CAL KAWAMOTO, Chair

____________________________

COLLEEN HANABUSA, Chair