STAND. COM. REP. NO. 1229

Honolulu, Hawaii

RE: H.B. No. 983

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Labor and Technology, to which was referred H.B. No. 983 entitled:

"A BILL FOR AN ACT RELATING TO TIME LIMITATIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to add the definitions of "public officer or employee" and "government" to section 701-108, Hawaii Revised Statutes, to clarify the scope and applicability of provisions relating to time limitations to bring prosecution based on misconduct in office.

Your Committee received testimony in support of this measure from the Department of the Attorney General.

Your Committee finds that section 701-108(3)(b), Hawaii Revised Statutes, allows an extension of time to bring prosecution based on misconduct in office by public officers or employees. Your Committee recognizes that this statute is an important tool used by prosecutors to combat corruption as the misconduct by public officials often takes time to discover and investigate. According to oral testimony received by your Committee, although the terms "public officer or employee" and "government" do not seem ambiguous, these terms are currently the subject of litigation in other jurisdictions. Your Committee further finds that the definition of "public officer or employee" proposed in this measure is the same definition as "public servant" under section 710-1000, Hawaii Revised Statutes.

Accordingly, your Committee has amended this measure by:

(1) Changing references of "public officer or employee" to "public servant";

(2) Clarifying the definition of "public servant" to reference the definition of the same term in section 710-1000, Hawaii Revised Statutes;

(3) Amending section 1 to reflect its amended purpose; and

(4) 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 Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 983, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 983, S.D. 1, and be referred to your Committee on Judiciary.

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

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SHARON MORIWAKI, Chair