STAND. COM. REP. NO.614

Honolulu, Hawaii

, 2003

RE: S.B. No. 38

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Ways and Means, to which was referred S.B. No. 38 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII TOURISM AUTHORITY,"

beg leave to report as follows:

The purpose of this measure is to authorize the Hawaii Tourism Authority (HTA) to retain private legal counsel in addition to the legal counsel provided by the Department of the Attorney General (AG).

Your Committees received testimony in support of this measure from the President and CEO of the Hawaii Tourism Authority. Testimony in opposition was received from the Department of the Attorney General.

Your Committees find that the HTA sometimes requires specialized legal expertise in business and commercial areas at a level that cannot be provided by the AG. Additionally, the steps required by the AG to approve requests for private counsel and then to obtain private counsel through the procurement process is a lengthy process and may not be a wise use of AG manpower in a department already handling a heavy client load. Your Committees note that the AG reviews and approves the legality of contracts negotiated by private counsel thus limiting state liability.

Your Committees also note that the HTA is not requesting an appropriation for private counsel expenses, and will bear the expense of private counsel fees from its existing funds.

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 38 and recommend that it pass Third Reading.

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

____________________________

BRIAN T. TANIGUCHI, Chair

____________________________

COLLEEN HANABUSA, Chair