STAND. COM. REP. NO.36

Honolulu, Hawaii

, 2003

RE: S.B. No. 477

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 477 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAIIAN HOME LANDS COMMISSION ACT,"

begs leave to report as follows:

The purpose of this measure is to allow the Hawaiian Homes Commission (HHC) to appoint or retain its own attorneys independent of the Attorney General to provide legal services to the HHC.

Testimony in opposition to this measure was received from the HHC and the State Attorney General.

In spite of the opposition to this measure, your Committee finds that clarification of the law is necessary to allow the HHC to hire its own attorneys. While section 28-8.3(a)(19), Hawaii Revised Statutes, allows any department to request a waiver from the Governor to hire its own attorney if the Attorney General declines to represent the department for good and sufficient reasons, your Committee believes that the HHC should have the discretion to hire its own attorneys without permission from the Governor.

The currently litigated cases involving ceded lands and Hawaiian entitlements, as an example, as well as day-to-day advising on routing legal matters, need special and undivided attention.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 477 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

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

____________________________

COLLEEN HANABUSA, Chair