Legislative Subpoena Power

Clarifies the scope of the subpoena powers of legislative bodies
by removing statutory references to repealed Chapter 85 of the
Hawaii Revised Statutes.  (HB162 SD1)

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

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to delete outdated
 2 references in sections 78-8 and 78-9 of the Hawaii Revised
 3 Statutes to repealed chapter 85, Hawaii Revised Statutes, as well
 4 as a phrase from section 78-9, Hawaii Revised Statutes, both of
 5 which have been interpreted as limiting the subpoena power of
 6 legislative bodies.
 7      SECTION 2.  Section 78-8, Hawaii Revised Statutes, is
 8 amended to read as follows:
 9      "78-8 Persons subject to sections 78-8 to 78-11.  The
10 persons subject to sections 78-8 to 78-11 are those elected to or
11 appointed to or employed in the government of the State or any
12 county, or in any political subdivision thereof, or appointed to
13 or employed in any office or employment any part of the
14 compensation of which is paid out of public funds, and who are[
15 required to take and subscribe a loyalty oath or affirmation
16 pursuant to chapter 85.  All persons exempted from the
17 requirements of chapter 85 are and shall be exempted from
18 sections 78-8 to 78-11.] eligible public officers.  As used in
19 this section, "eligible public officers" means the governor, the
20 lieutenant governor, the members of both houses of the

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

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

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

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