REPORT TITLE:
Legislative Subpoena Power


DESCRIPTION:
Appropriates funds to the public access room for a second full-
time staff person.  Appropriates funds for a legislative
streaming media pilot project.  Requires the legislature to sell
and distribute legislative materials.  Appropriates funds to the
office of ombudsman to replace non-Y2K-compliant equipment and
software and maintain system compatibility.  Provides for
performance-based budgeting review.  Clarifies the scope of the
subpoena powers of legislative bodies by removing statutory
references to repealed Chapter 85, Hawaii Revised Statutes.
(CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        162
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC SERVICE. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1                              PART I
 
 2      SECTION 1.  The legislature finds that an important priority
 
 3 of the legislative branch is the enhancement of public service
 
 4 through its various agencies, and through diverse efforts.  The
 
 5 goal of enhanced public service in the legislative branch
 
 6 includes objectives such as:  increasing public access,
 
 7 education, and support for citizen involvement in the legislative
 
 8 process; enhancing the effectiveness of the office of ombudsman
 
 9 to service public complaints; implementing the office of the
 
10 legislative analyst to conduct analyses of the State's economic
 
11 conditions, tax structure and policy, and performance-based
 
12 budgets; enabling the legislative reference bureau to conduct
 
13 feasibility studies on promising economic initiatives; and
 
14 empowering legislative committees, and other governmental bodies,
 
15 to require public officers to testify before them.  
 
16      The purpose of this Act is to enhance public service by
 
17 agencies of the legislative branch, by:  providing funds to the
 
18 public access room to increase its capability to provide public
 
19 access, education, and support to citizens; funding a legislative
 

 
Page 2                                                     162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 media streaming pilot project to allow public access to
 
 2 legislative hearings on the Internet; transferring responsibility
 
 3 for statutory publications from the lieutenant governor to the
 
 4 legislature to increase public access to these publications;
 
 5 funding replacement of the antiquated computer system of the
 
 6 office of the ombudsman to better service citizen complaints;
 
 7 providing initial funding for the office of the legislative
 
 8 analyst to begin conduct of review and analyses of state economic
 
 9 conditions and fiscal matters; providing funds to the legislative
 
10 reference bureau to study the feasibility of establishing and
 
11 fostering a biotechnology and high technology industry in Hawaii;
 
12 and amending statutes to require public officers to testify
 
13 before legislative committees and other governmental bodies.
 
14                              PART II
 
15      SECTION 2.  The Hawaii state legislature has demonstrated
 
16 its commitment to the principle of public access to the
 
17 legislative process by creating programs such as the public
 
18 access room, legislative broadcast project, and the legislative
 
19 website.
 
20      To maintain its commitment to public access, the legislature
 
21 believes that the current level of service to the public from the
 
22 public access room should be maintained.  Public requests for
 
23 services of the public access room have increased dramatically
 

 
Page 3                                                     162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 since its beginning in 1990.  In fiscal year 1997-1998 alone, the
 
 2 public access room received over five thousand eight hundred
 
 3 calls for legislative and other information, serviced about four
 
 4 thousand people who visited the public access room or made
 
 5 requests for service in person, and conducted public access
 
 6 workshops for over two hundred fifty residents.  To meet this
 
 7 increased demand, additional space, equipment, and furniture are
 
 8 needed to accommodate citizens' needs for legislative access and
 
 9 related services.  An additional interim staff person is needed
 
10 to serve the needs of the citizens for legislative access and
 
11 related services.
 
12      The purpose of this Part is to make an appropriation to
 
13 provide for a second full-time staff person for the public access
 
14 room.
 
15      SECTION 3.  There is appropriated out of the general
 
16 revenues of the State of Hawaii the sum of $13,200, or so much
 
17 thereof as may be necessary for fiscal year 1999-2000, to hire a
 
18 second full-time staff person for the public access room.
 
19      SECTION 4.  The sum appropriated shall be expended by the
 
20 legislative reference bureau for the purposes of this Part.
 
21                             PART III
 
22      SECTION 5.  Televised coverage of the state legislative
 
23 sessions is an important source of information for citizen
 

 
Page 4                                                     162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 participation in public proceedings.  At present, some
 
 2 legislative sessions are available through the public broadcast
 
 3 project, but those are only available to people who have access
 
 4 to cable television.  The legislature must reach out in all
 
 5 feasible ways to assure that knowledge of the legislature's
 
 6 deliberations is as widespread as possible.  One alternate method
 
 7 of broadcasting legislative hearings to as many people as
 
 8 possible is the publication of legislative events through video
 
 9 and audio on the Internet.  This process, calling streaming
 
10 media, is valuable in that it allows the public to access
 
11 legislative sessions whenever they want, not merely at set times.
 
12 All it requires is a standard dial-up connection to the Internet,
 
13 and free software.
 
14      These streaming media programs can be made available
 
15 wherever computers are made available, such as in public
 
16 libraries, schools, youth centers, section centers, and other
 
17 public places.  It would increase public access at a very low
 
18 cost to the State.
 
19      The purpose of this Part is to appropriate funds for a pilot
 
20 streaming media project to allow legislative sessions to be
 
21 broadcast in streaming media format via the Internet.
 
22      SECTION 6.  There is appropriated out of the general
 
23 revenues of the State of Hawaii the sum of $39,000, or so much
 

 
Page 5                                                     162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 thereof as may be necessary for fiscal year 1999-2000, for a
 
 2 legislative audio streaming pilot project.
 
 3      SECTION 7.  The sum appropriated shall be expended by the
 
 4 legislature for the purposes of this Part.
 
 5                              PART IV
 
 6      SECTION 8.  Currently, although the statutory revision
 
 7 responsibility resides with the legislature, the responsibility
 
 8 for the sale and distribution resides with the lieutenant
 
 9 governor.  Providing the legislature with full oversight over the
 
10 publication, sale, and distribution would enable the legislature
 
11 to improve the usefulness of the statutory publications and
 
12 information and shift more rapidly toward placing all legislative
 
13 information online as a cost-savings and public access
 
14 enhancement.  Accordingly, the purpose of this Part is to
 
15 transfer the responsibility for the sale and distribution from
 
16 the lieutenant governor to the legislature.
 
17      SECTION 9.  Section 21D-5, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]21D-5[]]  Hawaii legislative publications special fund;
 
20 established.(a)  There is established a Hawaii legislative
 
21 publications special fund within the treasury of the State into
 
22 which shall be deposited:
 
23      (1)  All licensing fees or royalties derived from the
 

 
Page 6                                                     162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1           publication of the Hawaii Revised Statutes [in
 
 2           electronic format];
 
 3      (2)  All appropriations made by the legislature to the fund;
 
 4           and
 
 5      (3)  Any other proceeds derived from the publication and use
 
 6           of other legislative publications and information
 
 7           services [in an electronic format].
 
 8      All interest accrued by the revenues of the fund shall
 
 9 become part of the fund.
 
10      (b)  Moneys in the Hawaii legislative publications special
 
11 fund shall be used by the legislature to operate and improve the
 
12 computer and public access systems of the legislature.
 
13 Expenditures from the Hawaii legislative publications special
 
14 fund shall be authorized and disbursed through joint agreement of
 
15 the president of the senate and the speaker of the house of
 
16 representatives.
 
17      (c)  The Hawaii legislative publications special fund shall
 
18 not be subject to section 36-27, 36-30, or 37-53."
 
19      SECTION 10.  Section 23G-3, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "23G-3 General purposes of bureau.  The purpose of the
 
22 office of the legislative reference bureau shall be to:
 
23      (1)  Provide a comprehensive research and reference service
 

 
Page 7                                                     162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1           on legislative problems for the legislature;
 
 2      (2)  Conduct impartial research, including legal research,
 
 3           as may be necessary for the enactment of substantive
 
 4           legislation, upon request by the legislature,
 
 5           legislative committees, or legislators, or on its own
 
 6           initiative;
 
 7      (3)  Disseminate its research findings to the legislature on
 
 8           all research projects undertaken upon the request of
 
 9           the legislature or legislative committees;
 
10      (4)  Secure reports of various officers and boards of the
 
11           State and as far as may be of the states and of the
 
12           other territories of the United States and such other
 
13           material, periodicals, or books as will furnish the
 
14           fullest information practicable upon all matters
 
15           pertaining to current or proposed legislative problems;
 
16      (5)  Secure information for the legislature, legislative
 
17           committees, and legislators by cooperating with the
 
18           legislative reference services in the states and with
 
19           the legislative service conference maintained by the
 
20           council of state governments;
 
21      (6)  Maintain a reference library for use by the legislature
 
22           and legislative service agencies.  Subject to the
 
23           priorities established by the director, reference
 

 
Page 8                                                     162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1           materials may be made available to the various
 
 2           departments and agencies of the State and the general
 
 3           public;
 
 4      (7)  Draft or aid in drafting bills, resolutions, memorials,
 
 5           and amendments thereto, including committee reports,
 
 6           for the legislature, legislative committees, and
 
 7           legislators when requested;
 
 8      (8)  Control and maintain the operations of any legislative
 
 9           data processing program as may be established;
 
10      (9)  Serve, upon request, in an advisory capacity to the
 
11           legislature and its committees on all matters within
 
12           its competencies and responsibilities;
 
13     (10)  Assist, upon request, legislative service agencies on
 
14           matters within its competency;
 
15     (11)  Perform the function of statute revision and
 
16           publication and sale of session laws, supplements, and
 
17           replacement volumes; and
 
18     (12)  Maintain the public access room established by chapter
 
19           21G."
 
20      SECTION 11.  Section 23G-18, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "23G-18  Sale and distribution.  The session laws,
 
23 supplements, and replacement volumes shall be sold and
 

 
Page 9                                                     162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 distributed by the [lieutenant governor] legislature at a price
 
 2 fixed by the [lieutenant governor.] legislature.  The money
 
 3 received therefor shall be paid into the state treasury to the
 
 4 credit of the [general] Hawaii legislative publications special
 
 5 fund[.] established under section 21D-5.  The [lieutenant
 
 6 governor] legislature may furnish the session laws, supplements,
 
 7 and replacement volumes to public officials for official use free
 
 8 of charge.  As used in this chapter, public officials include
 
 9 officials of the state and county governments, of the
 
10 congressional delegation of the State, of the United States
 
11 District Court, District of Hawaii, and of the United States
 
12 Attorney's Office in Hawaii."
 
13      SECTION 12.  Section 26-1, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  Except as otherwise provided by law, the lieutenant
 
16 governor is designated the secretary of state for
 
17 intergovernmental relations and shall perform the duties and
 
18 functions heretofore exercised by the secretary of Hawaii.  The
 
19 duties and functions shall include, but not be limited to,
 
20 [recordation of all legislative and gubernatorial acts,]
 
21 certification of state documents, and maintenance of an official
 
22 file of rules adopted by state departments as provided in chapter
 
23 91.  The lieutenant governor may employ staff as necessary
 

 
Page 10                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 without regard to chapters 76 and 77."
 
 2      SECTION 13.  Section 93-15, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]93-15  Legislative journals; sale and distribution.[]]
 
 5 The journals of the senate and house of representatives,
 
 6 published in accordance with the rules of each house of the
 
 7 legislature, shall be sold and distributed to the public by the
 
 8 [lieutenant governor] legislature at a price fixed by the
 
 9 [lieutenant governor.] legislature.  The money received therefor
 
10 shall be paid into the state treasury to the credit of the
 
11 [general] Hawaii legislative publications special fund.  The
 
12 [lieutenant governor] legislature may furnish the journals of the
 
13 senate and house of representatives to public officials free of
 
14 charge.  As used in this section, public officials include
 
15 officials of the state and county governments, of the
 
16 congressional delegation of the State, of the United States
 
17 District Court, District of Hawaii, and of the United States
 
18 Attorney's Office in Hawaii."
 
19      SECTION 14.  The joint legislative management committee
 
20 established under section 21E-2, Hawaii Revised Statutes, shall
 
21 oversee the transition of control over the sale, disbursement,
 
22 storage, and other ancillary concerns related to the
 
23 legislature's assuming control of legislative publications
 

 
Page 11                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 covered in this Part.  The joint legislative management committee
 
 2 is authorized, with the prior approval of the senate president
 
 3 and the speaker of the house of representatives, to enter into
 
 4 agreements with the office of the lieutenant governor, the
 
 5 legislative reference bureau, and any other public or private
 
 6 entity to ensure the efficient transfer of control and the
 
 7 storage of legislative publications from the office of the
 
 8 lieutenant governor to the legislature.
 
 9                              PART V
 
10      SECTION 15.  The legislature finds that much of the office
 
11 of the ombudsman's computer system is not year 2000 compliant.
 
12 Moreover, the file server that houses the ombudsman's intranet
 
13 system and case management system is also noncompliant and is
 
14 considered obsolete by industry standards.  This Part would allow
 
15 the office to replace its non-year-2000-compliant equipment and
 
16 software, including its case management system, and to train
 
17 staff in the use of the new software.
 
18      SECTION 16.  There is appropriated out of the general
 
19 revenues of the State of Hawaii the sum of $130,000, or so much
 
20 thereof as may be necessary for the replacement of non-year-2000-
 
21 compliant equipment and software and to maintain system
 
22 compatibility in the office of ombudsman.  The sum appropriated
 
23 shall be expended by the office of the ombudsman.  The
 

 
Page 12                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 appropriation contained in this section shall take effect upon
 
 2 the approval of this Act and shall not lapse until June 30, 2000.
 
 3                              PART VI
 
 4      SECTION 17.  The purpose of this Part is to amend sections
 
 5 78-8 and 78-9, Hawaii Revised Statutes, in order to require a
 
 6 defined group of "eligible public officers" to testify before any
 
 7 legislative committee, court or judge, or any officer, board or
 
 8 commission.  Outdated references in sections 78-8 and 78-9 of the
 
 9 Hawaii Revised Statutes to repealed chapter 85, Hawaii Revised
 
10 Statutes, are repealed by this Act.
 
11      SECTION 18.  Section 78-8, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "78-8 Persons subject to sections 78-8 to 78-11.  The
 
14 persons subject to sections 78-8 to 78-11 are those elected to or
 
15 appointed to or employed in the government of the State or any
 
16 county, or in any political subdivision thereof, or appointed to
 
17 or employed in any office or employment any part of the
 
18 compensation of which is paid out of public funds, and who are[
 
19 required to take and subscribe a loyalty oath or affirmation
 
20 pursuant to chapter 85.  All persons exempted from the
 
21 requirements of chapter 85 are and shall be exempted from
 
22 sections 78-8 to 78-11.] eligible public officers.  As used in
 
23 this section, "eligible public officers" means the governor, the
 

 
Page 13                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 lieutenant governor, the members of both houses of the
 
 2 legislature, the directors and deputy directors of public
 
 3 departments and temporary authorities created by state statute or
 
 4 the state constitution, the members of public boards and
 
 5 commissions created by state statute or the state constitution,
 
 6 and all those who occupy any similar position in the government
 
 7 of the State or any political subdivision thereof."
 
 8      SECTION 19.  Section 78-9, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "78-9 Failure to appear or testify, termination of
 
11 employment.  If any person subject to sections 78-8 to 78-11,
 
12 after lawful notice or process, wilfully refuses or fails to
 
13 appear before any court or judge, any legislative committee, or
 
14 any officer, board, or commission, [or other body authorized to
 
15 conduct any hearing or inquiry,] or having appeared refuses to
 
16 testify or to answer any question regarding:
 
17      (1)  [the] The government, property, or affairs of the State
 
18           or of any political subdivision thereof[, or];
 
19      (2)  [the] The person's qualifications for public office or
 
20           employment [(including matters pertaining to loyalty or
 
21           disloyalty),]; or
 
22      (3)  [the] The qualifications of any officer or employee of
 
23           the State or any political subdivision thereof,
 

 
Page 14                                                    162
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 on the ground that the person's answer would tend to incriminate
 
 2 the person, or refuses to testify or to answer any such question
 
 3 without right, the person's term or tenure of office or
 
 4 employment shall terminate and the office or employment shall be
 
 5 vacant, and the person shall not be eligible [to] for election or
 
 6 appointment to any office or employment under the State or any
 
 7 political subdivision thereof.  To the extent that the State is
 
 8 without authority to require, under the constitution or laws of
 
 9 the United States, compliance by any public officer or public
 
10 employee herewith, sections 78-8 to 78-11 shall not apply to the
 
11 officer or employee, but the sections shall apply to the extent
 
12 that they or any part thereof can lawfully be made applicable."
 
13                             PART VII
 
14      SECTION 20.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 21.  This Act shall take effect upon its approval;
 
17 provided that sections 3, 6, and 16 this Act shall take effect on
 
18 July 1, 1999.