STAND. COM. REP. NO. 2521
RE: S.B. No. 2055
Honorable Ronald D. Kouchi
President of the Senate
Twenty-Ninth State Legislature
Regular Session of 2018
State of Hawaii
Your Committee on Government Operations, to which was referred S.B. No. 2055 entitled:
"A BILL FOR AN ACT RELATING TO THE EXECUTIVE BRANCH,"
begs leave to report as follows:
The purpose and intent of this measure is to require the Governor to provide written notice to the Senate, no later than the forty-first day of a regular legislative session, of the name of any gubernatorial nominee for an executive branch position that is subject to the Senate's advice and consent.
Your Committee received testimony in opposition to this measure from the Office of the Governor. Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that the proper and efficient functioning of government requires the timely confirmation of gubernatorial nominees. Each year, the Governor nominates many individuals to fill vacancies as required by law. Many of these nominees require the advice and consent of the State Senate. However, your Committee finds that the nomination of individuals by the Governor is often delayed and nominees are not brought before the Senate in a timely manner. In recent years, various Administrations have made a request to the Senate to extend its internal deadline to receive Governor nominations for vacant positions. Consequently, the delays and extensions in the confirmation process have resulted in important positions remaining unfilled or filled with nominees who are not qualified by the Senate, leading to inefficiencies in the Executive and Legislative branches of government. Moreover, delays in the nominating process impair the Senate's ability to appropriately vet nominees. Therefore, your Committee finds that a firm deadline by which the Governor shall submit nominees to the Senate for advice and consent should be codified into the law.
However, your Committee acknowledges testimony from the Department of the Attorney General raising concerns about the measure's language regarding Senate rules. Your Committee recognizes that there is some question about how or if Senate rules may have to be changed to effectuate this measure properly.
Accordingly, your Committee has amended this measure by changing the effective date to July 1, 2050, to encourage further discussion.
As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2055, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2055, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Government Operations,
DONNA MERCADO KIM, Chair