STAND. COM. REP. NO. 2998

Honolulu, Hawaii

RE:    H.B. No. 2751

       H.D. 2

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Public Safety, Government Operations, and Military Affairs, to which was referred H.B. No. 2751, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION,"

begs leave to report as follows:

The purpose and intent of this measure is to implement the Legislature's inherent authority established under article III, section 18, of the Hawaii State Constitution to take action against disorderly or contemptuous behavior committed before a legislative body.

     Your Committee received testimony in support of this measure from the House Sergeant-at-Arms and three individuals.  Testimony in opposition was received from the Hawaii Citizens for the Separation of State and Church and three individuals.  Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that this measure is necessary to implement the Legislature's inherent authority, established under article III, section 18, of the Hawaii State Constitution.  While instances of contemptuous behavior are rare, your Committee believes that the law needs to be updated to address such possible behavior that can occur at any time.

     A member of your Committee is of the opinion that the description of the holding of a United States District Court decision and the recitation of facts of the incident upon which that court decision is based is questionable.  Your Committee nonetheless wishes to make clear that this measure does not arise from and is not focused upon that incident or any particular individual.

     Your Committee has amended this measure by:

     (1)  Deleting its contents and inserting language to establish the petty misdemeanor offense of disrespect of a house of the Legislature, on the recommendation of the Attorney General; and

     (2)  Changing the effective date to July 1, 2012.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Government Operations, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2751, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2751, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Government Operations, and Military Affairs,

____________________________

WILL ESPERO, Chair