STAND. COM. REP. NO. 2083

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2735

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 2735 entitled:

 

"A BILL FOR AN ACT RELATING TO THE INDEPENDENCE OF THE OFFICE OF INFORMATION PRACTICES,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Establish the Office of Information Practices' Director's term for six years and thereafter until a successor is appointed; and

 

     (2)  Set the salary of the director equivalent to the salary of the Director of Health.

 

     Your Committee received testimony in support of this measure from the Office of Information Practices, Office of the Ombudsman, and two individuals.  Your Committee received testimony in opposition to this measure from the Civil Beat Law Center for the Public Interest.

 

     Your Committee finds that the terms of service and salaries of most state agency directing officers are fixed by statute.  In contrast, the Director of the Office of Information Practices is appointed by the Governor and the Director's salary is set by the Governor.  Fixing the Director's term of service and salary by statute will increase the independence of the Director and make the Office of Information Practices more consistent with other state agencies.

 

     Your Committee does not assume that the current Director of the Office of Information Practices will be nominated after the enactment of this measure.

 

     Your Committee has amended this measure by:

 

     (1)  Changing the Office of Information Practices' Director's salary to be the same as the salary of a tier-one deputy department director as recommended by the Commission on Salaries;

 

     (2)  Inserting an effective date of July 1, 2035, to encourage further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2735, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2735, S.D. 1, and be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

________________________________

BRIAN T. TANIGUCHI, Chair