STAND. COM. REP. NO. 2795

Honolulu, Hawaii

RE:    S.B. No. 868

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 868, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BOARDS AND COMMISSIONS,"

begs leave to report as follows:

     The purpose of this measure is to prohibit an ex-officio member or an interim appointee of a board or commission from serving as chair of that board or commission.

     Prior to the hearing on this measure, your Committee circulated a proposed draft that deleted the contents of the measure and inserted provisions that maintain a policy of open communications with boards and commissions when a department director is considering invoking their rights under section 26-35(a)(1), Hawaii Revised Statutes.

     Specifically, the proposed draft provides that a board or commission may communicate directly with the Legislature or a legislative committee at the request of the Legislature or legislative committee.

     Testimony in support of the proposed draft was submitted by the Policy Advisory Board for Elder Affairs.

     Your Committee finds that boards and commissions often provide valuable information or insight in policy discussions that is different from the views or opinions of a department director.  Thus, your Committee finds that a practice of open communications with boards and commissions must be maintained when a department director is considering invoking section 26-35(a)(1), Hawaii Revised Statutes, which requires a department director to represent boards or commissions administratively attached to a department when communicating with the Legislature.

     Your Committee has amended the proposed draft by making technical, nonsubstantive amendments for the purpose of clarity.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 868, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 868, S.D. 2.

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

____________________________

BRIAN T. TANIGUCHI, Chair