STAND. COM. REP. NO. 2169

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 3200

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Madam:

 

     Your Committee on Tourism and Government Operations, to which was referred S.B. No. 3200 entitled:

 

"A BILL FOR AN ACT RELATING TO GOVERNMENTAL RETENTION OF ATTORNEYS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to clarify that an executive department may retain outside attorneys if the State Attorney General discloses a conflict of interest that requires the State Attorney General to decline representation.

 

     Your Committee received testimony in support of this measure from the Judiciary.  Testimony in opposition was received from the State Attorney General.

 

     Under this measure, if the State Attorney General discloses a conflict of interest that requires the State Attorney General to decline representation, an executive department may waive the conflict and require the State Attorney General to represent the department.  However, if the State Attorney General still declines the representation, then the State Attorney General is required to employ or retain and employ an outside attorney whose selection is subject to the department's approval.

 

     Your Committee has amended this measure by making technical, nonsubstantive amendments.

 

     As affirmed by the record of votes of the members of your Committee on Tourism and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3200, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3200, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

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

 

 

 

____________________________

CLARENCE K. NISHIHARA, Chair