Bill Text: HI HB1992 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Intermediate Court of Appeals; Subpoenas; Oaths

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-05-11 - (S) Act 093, 5/11/2010 (Gov. Msg. No. 551). [HB1992 Detail]

Download: Hawaii-2010-HB1992-Amended.html

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STAND. COM. REP. NO. 2828

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1992

       H.D. 1

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 1992, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE INTERMEDIATE APPELLATE COURT,"

 

begs leave to report as follows:

 

     The purpose of this measure is to extend the Intermediate Court of Appeals (ICA) judges' express authority to subpoena witnesses, compel the production of evidence, and administer oaths.

 

     Testimony in support of the measure was submitted by the Judiciary.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

 

     Your Committee believes that it is important for the ICA judges to have the authority to subpoena witnesses, compel the production of evidence, and administer oaths to ensure that the ICA judges may fully carry out all of their responsibilities under current statutory provisions that grant the ICA the jurisdiction to receive or require new evidence on appeal.  Your Committee notes that H.B. No. 1992, H.D. 1, retains a repeal date for these powers.  However, a similar measure heard and approved by your Committee, S.B. No. 2149, deletes the repeal date altogether and makes these powers permanent.  Your Committee believes that this is the better course of action.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Replacing its contents with the contents of S.B. No. 2149; and

 

     (2)  Making the measure effective upon its approval.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1992, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1992, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

		____________________________ BRIAN T. TANIGUCHI, Chair