REPORT TITLE:
Government


DESCRIPTION:
Appropriates funds to the public access room for moving and
equipment costs.  Provides for performance-based budgeting
review.  Requires the legislature to sell and distribute
legislative materials.  Makes an appropriation for an additional
full-time staff position for the public access room.  (SB654 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        654
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LEGISLATIVE AGENCIES.



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

 1                              PART I
 
 2      SECTION 1.  The Hawaii state legislature has demonstrated
 
 3 its commitment to the principle of public access to the
 
 4 legislative process by creating programs such as the public
 
 5 access room, legislative broadcast project, and the legislative
 
 6 website.  Hawaii is considered to be one of the country's models
 
 7 in the development of public access programs, as evidenced by
 
 8 complimentary commentaries in the national and local media.
 
 9      To maintain its commitment to public access, the legislature
 
10 believes that the current level of service to the public from the
 
11 public access room should be maintained.  Public requests for
 
12 services of the public access room have increased dramatically
 
13 since its beginning in 1990.  In fiscal year 1997-1998 alone, the
 
14 public access room received over five thousand eight hundred
 
15 calls for legislative and other information, serviced about four
 
16 thousand people who visited the public access room or made
 
17 requests for service in person, and conducted public access
 
18 workshops for over two hundred fifty residents.  To meet this
 
19 increased demand, additional space, equipment, and furniture are
 
20 needed to accommodate citizens' needs for legislative access and
 

 
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 1 related services.  The legislature finds that the current space
 
 2 allotted for the public access room is insufficient to meet the
 
 3 rise in demand for its services and, at the same time, maintain
 
 4 its high quality.
 
 5      The purpose of this part is to make an appropriation to
 
 6 provide for the costs of relocating the public access room, and
 
 7 for electronic equipment and furniture purchases.
 
 8      SECTION 2.  There is appropriated out of the general
 
 9 revenues of the State of Hawaii the sum of $        or so much
 
10 thereof as may be necessary for fiscal year 1999-2000 to provide
 
11 for moving and equipment costs for the public access room.
 
12      The sum appropriated shall be expended by the legislative
 
13 reference bureau for the purposes of this part.
 
14                              PART II
 
15      SECTION 3.  In recognition that the legislature needs its
 
16 own separate fiscal policy office to provide legislators with the
 
17 information needed to develop sound economic and fiscal policies
 
18 for the State, the office of the legislative analyst was
 
19 established in Act 347, Session Laws of Hawaii 1990.
 
20      Other states have established nonpartisan, highly
 
21 specialized legislative fiscal analysis offices, in addition to
 
22 the professional staffs of each chamber's money committees, to
 

 
 
 
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 1 review executive branch proposals and to appraise the performance
 
 2 of the executive branch in administering legislative enactments.
 
 3      Since the legislature meets for only four months of the
 
 4 year, it has come to rely heavily on the use of session-only
 
 5 staff or employees on loan from the executive branch.  Hawaii is
 
 6 the only state in the nation utilizing staff on temporary loan
 
 7 from executive agencies to support the work of its money
 
 8 committees.
 
 9      As a result, the legislature has been at a disadvantage in
 
10 fulfilling its trust to the people of the State to ensure that
 
11 approved appropriations are executed in compliance with
 
12 legislative policy.  The legislature can provide effective
 
13 legislative oversight only if it has its own capacity to review
 
14 and analyze the budget, state economic conditions, and overall
 
15 tax structure and attendant policies.
 
16      The purpose of this part is to require the legislative
 
17 analyst to review all performance-based budgets submitted to the
 
18 legislature as provided by law.
 
19      SECTION 4.  Section 21F-7, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  The purpose of the office of the legislative analyst
 
22 shall be:
 

 
 
 
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 1      (1)  To provide the legislature with research and analysis
 
 2           of current and projected state revenues and
 
 3           expenditures;
 
 4      (2)  To provide the legislature with a report analyzing the
 
 5           governor's proposed levels of revenue and expenditures
 
 6           for biennial budgets submitted under chapter 37 as well
 
 7           as other supplemental budget submittals to the
 
 8           legislature by the governor;
 
 9      (3)  To provide an analysis of the impact of the governor's
 
10           proposed revenue and expenditure plans for the next
 
11           biennium;
 
12      (4)  To conduct research matters of economic and fiscal
 
13           policy and to report to the legislature on the result
 
14           of the research;
 
15      (5)  To provide economic reports and studies on the state of
 
16           the State's economy, including trends and forecasts for
 
17           consideration by the legislature;
 
18      (6)  To conduct budget and tax studies and provide general
 
19           fiscal and budgetary information;
 
20      (7)  To review and make recommendations on the operation of
 
21           state programs in order to appraise the implementation
 
22           of state laws regarding the expenditure of funds and to
 
23           recommend means of improving their efficiency; [and]
 

 
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 1      (8)  To recommend to the legislature changes in the mix of
 
 2           revenue sources for programs, in the percentage of
 
 3           state expenditures devoted to major programs, and in
 
 4           the role of the legislature in overseeing state
 
 5           government expenditures and revenue projections[.]; and
 
 6      (9)  To review all performance-based budgets submitted to
 
 7           the legislature as provided by law."
 
 8                             PART III
 
 9      SECTION 5.  Section 23G-3, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "23G-3 General purposes of bureau.  The purpose of the
 
12 office of the legislative reference bureau shall be to:
 
13      (1)  Provide a comprehensive research and reference service
 
14           on legislative problems for the legislature;
 
15      (2)  Conduct impartial research, including legal research,
 
16           as may be necessary for the enactment of substantive
 
17           legislation, upon request by the legislature,
 
18           legislative committees, or legislators, or on its own
 
19           initiative;
 
20      (3)  Disseminate its research findings to the legislature on
 
21           all research projects undertaken upon the request of
 
22           the legislature or legislative committees;
 

 
 
 
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 1      (4)  Secure reports of various officers and boards of the
 
 2           State and as far as may be of the states and of the
 
 3           other territories of the United States and such other
 
 4           material, periodicals, or books as will furnish the
 
 5           fullest information practicable upon all matters
 
 6           pertaining to current or proposed legislative problems;
 
 7      (5)  Secure information for the legislature, legislative
 
 8           committees, and legislators by cooperating with the
 
 9           legislative reference services in the states and with
 
10           the legislative service conference maintained by the
 
11           council of state governments;
 
12      (6)  Maintain a reference library for use by the legislature
 
13           and legislative service agencies.  Subject to the
 
14           priorities established by the director, reference
 
15           materials may be made available to the various
 
16           departments and agencies of the State and the general
 
17           public;
 
18      (7)  Draft or aid in drafting bills, resolutions, memorials,
 
19           and amendments thereto, including committee reports,
 
20           for the legislature, legislative committees, and
 
21           legislators when requested;
 
22      (8)  Control and maintain the operations of any legislative
 
23           data processing program as may be established;
 

 
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 1      (9)  Serve, upon request, in an advisory capacity to the
 
 2           legislature and its committees on all matters within
 
 3           its competencies and responsibilities;
 
 4     (10)  Assist, upon request, legislative service agencies on
 
 5           matters within its competency;
 
 6     (11)  Perform the function of statute revision [and],
 
 7           publication, and sale of session laws, supplements, and
 
 8           replacement volumes; and
 
 9     (12)  Maintain the public access room established by chapter
 
10           21G."
 
11      SECTION 6.  Section 23G-18, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "23G-18  Sale and distribution.  (a)  The session laws,
 
14 supplements, and replacement volumes shall be sold and
 
15 distributed by the [lieutenant governor] legislature at a price
 
16 fixed by the [lieutenant governor.] legislature.  The money
 
17 received therefor shall be paid into the state treasury to the
 
18 credit of the [general] Hawaii legislative publications special
 
19 fund.  The [lieutenant governor] legislature may furnish the
 
20 session laws, supplements, and replacement volumes to public
 
21 officials for official use free of charge.  
 
22      (b)  As used in this [chapter, public officials] section,
 
23 "public officials" include officials of the state and county
 

 
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 1 governments, of the congressional delegation of the State, of the
 
 2 United States District Court, District of Hawaii, and of the
 
 3 United States Attorney's Office in Hawaii."
 
 4      SECTION 7.  Section 26-1, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "26-1  Office of the lieutenant governor.(a)  Except as
 
 7 otherwise provided by law, the lieutenant governor is designated
 
 8 the secretary of state for intergovernmental relations and shall
 
 9 perform the duties and functions heretofore exercised by the
 
10 secretary of Hawaii.  The duties and functions shall include[,]
 
11 but not be limited to[, recordation of all legislative and
 
12 gubernatorial acts,] certification of state documents[,] and
 
13 maintenance of an official file of rules adopted by state
 
14 departments as provided in chapter 91.  The lieutenant governor
 
15 may employ staff as necessary without regard to chapters 76 and
 
16 77.
 
17      (b)  The lieutenant governor, with the approval of the
 
18 governor, may designate some other officer of the government of
 
19 the State to authenticate documents on behalf of the lieutenant
 
20 governor during the lieutenant governor's temporary absence
 
21 outside the State or during the lieutenant governor's illness
 
22 whenever the documents require the signature of the lieutenant
 
23 governor.  The person shall affix the person's own signature to
 

 
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 1 the document with the words, "for the lieutenant governor"
 
 2 following and the signature shall be deemed to satisfy the
 
 3 requirement of the lieutenant governor's signature on the
 
 4 document.  The designation and approval shall be in writing and
 
 5 shall be filed in the office of the governor and a copy thereof,
 
 6 certified by the governor, shall be filed with the public
 
 7 archives.  The person so designated shall serve without
 
 8 additional compensation and the lieutenant governor shall be
 
 9 responsible and liable on the lieutenant governor's official bond
 
10 for all acts done by the person so designated in the performance
 
11 of the duties on behalf of the lieutenant governor.
 
12      (c)  Nothing in this section shall be construed to authorize
 
13 the person to exercise and discharge the powers and duties of the
 
14 office of the governor as provided by the first paragraph of
 
15 Article V, section 4, of the Constitution of the State.  The
 
16 person shall not be authorized to exercise any powers whenever a
 
17 successor to the lieutenant governor assumes the duties of the
 
18 lieutenant governor pursuant to Article V, section 4, of the
 
19 Constitution.
 
20      (d)  In addition to the functions and duties provided by
 
21 law, the lieutenant governor shall assume administrative
 
22 responsibility for the Hawaii state commission on the status of
 
23 women and the office of information practices.
 

 
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 1      (e)  The governor shall identify and direct other duties as
 
 2 necessary to the lieutenant governor."
 
 3      SECTION 8.  Section 93-15, Hawaii Revised Statutes, is
 
 4 amended to read as follow:
 
 5      "[[]93-15  Legislative journals; sale and distribution.[]]
 
 6 The journals of the senate and house of representatives,
 
 7 published in accordance with the rules of each house of the
 
 8 legislature, shall be sold and distributed to the public by the
 
 9 [lieutenant governor] legislature at a price fixed by the
 
10 [lieutenant governor.] legislature.  The money received therefor
 
11 shall be paid into the state treasury to the credit of the
 
12 [general] Hawaii legislative publications special fund.  The
 
13 [lieutenant governor] legislature may furnish the journals of the
 
14 senate and house of representatives to public officials for
 
15 official use free of charge.  As used in this section, public
 
16 officials include officials of the state and county governments,
 
17 of the congressional delegation of the State, of the United
 
18 States District Court, District of Hawaii, and of the United
 
19 States Attorney's Office in Hawaii."
 
20      SECTION 9.  Act 27, Special Session Laws of Hawaii 1995, as
 
21 amended by Act 13, Session Laws of Hawaii 1996, is amended by
 
22 amending section 15 to read as follows:
 

 
 
 
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 1      "SECTION 15.  This Act shall take effect on July 1, 1995;
 
 2 provided that [on]:
 
 3      (1)  On June 30, 1999, this Act shall be repealed except for
 
 4           section 9; and [sections]
 
 5      (2)  Sections 11-1, 11-2, 11-5, 11-191, 11-194, 11-195,
 
 6           11-216, and 12-8, [and 26-1,] Hawaii Revised Statutes,
 
 7           shall be reenacted in the form in which they read on
 
 8           the day before the effective date of this Act."
 
 9                              PART IV
 
10      SECTION 10.  The Hawaii state legislature has demonstrated
 
11 its commitment to the principle of public access to the
 
12 legislative process by creating programs such as the public
 
13 access room, legislative broadcast project, and the legislative
 
14 website.  Hawaii is considered to be one of the country's models
 
15 in the development of public access programs, as evidenced by
 
16 complimentary commentaries in the national and local media.
 
17      To maintain its commitment to public access, the legislature
 
18 believes that the current level of service to the public from the
 
19 legislative reference bureau's public access room should be
 
20 maintained.  Public requests for services of the public access
 
21 room have increased dramatically since its beginning in 1990.  In
 
22 fiscal year 1997-1998 alone, the public access room received over
 
23 five thousand eight hundred calls for legislative and other
 
24 information, serviced about four thousand people who visited the
 
25 public access room or made requests for service in person, and
 

 
Page 12                                                    654
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 1 conducted public access workshops for over two hundred and fifty
 
 2 residents.  This rise in demand for services from the public
 
 3 access room cannot be met with only one full-time staff member.
 
 4 An additional interim staff person is needed to serve the needs
 
 5 of the citizens for legislative access and related services.  The
 
 6 legislature finds that one person is insufficient to provide for
 
 7 the increased demand for the services of the public access room
 
 8 and, at the same, maintain its high quality.
 
 9      The purpose of this part is to make an appropriation to
 
10 establish an additional full-time staff position for the public
 
11 access room.
 
12      SECTION 11.  There is appropriated out of the general
 
13 revenues of the State of Hawaii the sum of $13,200 or so much
 
14 thereof as may be necessary for fiscal year 1999-2000 to hire a
 
15 second full-time staff person for the public access room.
 
16      The sum appropriated shall be expended by the legislative
 
17 reference bureau for the purposes of this part.
 
18      SECTION 12.  This Act shall take effect on July 1, 1999,
 
19 except that section 9 shall take effect on June 29, 1999.