Public Service

Deletes references to repealed chapter 85, HRS.  Amends section
78-9, HRS, to delete a phrase that has been interpreted as
limiting legislative bodies' subpoena power.

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

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to delete outdated
 2 references to chapter 85, Hawaii Revised Statutes, repealed in
 3 1993, from sections 78-8 and 78-9, Hawaii Revised Statutes, and
 4 to delete a phrase from section 78-9, Hawaii Revised Statutes,
 5 that has been interpreted as limiting legislative bodies'
 6 subpoena power.
 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 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]."
19      SECTION 3.  Section 78-9, Hawaii Revised Statutes, is

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                                     H.B. NO.           

 1 amended to read as follows:
 2      "78-9 Failure to appear or testify, termination of
 3 employment.  If any person subject to sections 78-8 to 78-11,
 4 after lawful notice or process, wilfully refuses or fails to
 5 appear before any court or judge, any legislative committee, or
 6 any officer, board, or commission, [or other body authorized to
 7 conduct any hearing or inquiry,] or having appeared refuses to
 8 testify or to answer any question regarding (1) the government,
 9 property or affairs of the State or of any political subdivision
10 thereof, or (2) the person's qualifications for public office or
11 employment [(including matters pertaining to loyalty or
12 disloyalty)], or (3) the qualifications of any officer or
13 employee of the State or any political subdivision thereof, on
14 the ground that the person's answer would tend to incriminate the
15 person, or refuses to testify or to answer any such question
16 without right, the person's term or tenure of office or
17 employment shall terminate and the office or employment shall be
18 vacant, and the person shall not be eligible to election or
19 appointment to any office or employment under the State or any
20 political subdivision thereof.  To the extent that the State is
21 without authority to require, under the constitution or laws of
22 the United States, compliance by any public officer or public

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                                     H.B. NO.           

 1 employee herewith, sections 78-8 to 78-11 shall not apply to the
 2 officer or employee, but the sections shall apply to the extent
 3 that they or any part thereof can lawfully be made applicable."
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 5 New statutory material is underscored.
 6      SECTION 5.  This Act shall take effect upon its approval.
 8                           INTRODUCED BY: ________________________