STAND. COM. REP. NO.  588-20

 

Honolulu, Hawaii

                , 2020

 

RE:   H.B. No. 2747

      H.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 2747, H.D. 1, entitled:

 

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE XVI, SECTION 2, OF THE HAWAII STATE CONSTITUTION, TO AUTHORIZE THE LEGISLATURE TO REQUIRE THE FORFEITURE OR REDUCTION OF PENSION BENEFITS OF A MEMBER, FORMER MEMBER, OR RETIRANT OF THE EMPLOYEES' RETIREMENT SYSTEM WHO IS CONVICTED OF A FELONY RELATED TO THE MEMBER'S, FORMER MEMBER'S, OR RETIRANT'S EMPLOYMENT WITH THE STATE OR ANY POLITICAL SUBDIVISION THEREOF,"

 

begs leave to report as follows:

 

     The purpose of this measure is to propose an amendment to the Hawaii State Constitution to authorize the Legislature to require, by law, the forfeiture or reduction of benefits of any member, former member, or retirant of the Employees' Retirement System if the member, former member, or retirant is convicted of a felony related to the employment with the State or counties.

 

     Your Committee received testimony in support of this measure from Common Cause Hawaii, Indivisible Hawaii, and eight individuals.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Hawaii State Ethics Commission.

 

Your Committee finds that public officers and employees are responsible for upholding the public's trust in government and democracy.  Your Committee further finds that the public's trust becomes strained when public officers and employees participate in misconduct during their employment, but still keep the benefits from their employment.

 

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     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 H.B. No. 2747, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 2747, H.D. 2.

 

 

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

 

 

 

 

____________________________

CHRIS LEE, Chair