STAND. COM. REP. 2285

Honolulu, Hawaii

, 2004

RE: S.B. No. 2757

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Education and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2757 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

beg leave to report as follows:

The purpose of this measure is to allow the Department of Education and the Board of Education to hire attorneys other than the Attorney General, to provide legal services for the Department of Education, the Board of Education, and the Hawaii state public library system.

Your Committees received testimony in support of the measure from the Board of Education, Hawaii Government Employees Association, and Hawaii State Teachers Association. Your Committees received testimony in opposition to the measure from the Attorney General.

Your Committees find that the institutional interests of the Department of Education and Board of Education are not always consistent with those of the Governor. The board and department need to have the option to choose legal counsel that will advocate the best interests of these entities. Furthermore, legal services are among those many powers which support the public educational system that currently reside in several state agencies outside of the department. In the interests of efficient administration, these functions need to be gradually folded into the board and department. This measure is one step in that ongoing process.

As affirmed by the records of votes of the members of your Committees on Education and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2757 and recommend that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Education and Judiciary and Hawaiian Affairs,

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COLLEEN HANABUSA, Chair

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NORMAN SAKAMOTO, Chair