STAND. COM. REP. NO. 80

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1181
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Education and Technology, to which was
referred S.B. No. 1181 entitled: 

     "A BILL FOR AN ACT RELATING TO LEGAL REPRESENTATION FOR THE
     UNIVERSITY OF HAWAII,"

begs leave to report as follows:

     The purpose of this measure is to allow the Department of
the Attorney General to provide legal representation to the
University of Hawaii, upon the request of the Board of Regents,
in the same manner and extent as other state agencies.

     Act 115, Session Laws of Hawaii 1998, granted the University
of Hawaii greater management autonomy, including the authority to
procure legal services independent from the Department of the
Attorney General and the Governor in order to manage and resolve
legal claims against itself.  This measure will clarify the issue
of whether or not the University continues to have the option of
utilizing services from the Department of the Attorney General.

     The conference committee report on H.B. 2560, Regular
Session 1998 (Act 115), stated that the University of Hawaii's
autonomy exempts the University from the requirement that the
Attorney General represent all state departments, and allows the
University Board of regents to appoint or retain attorneys.  The
intent of the Legislature was to allow the University to retain
attorneys as necessary, and to continue to utilize the legal
services of the Department of the Attorney General like other
state agencies.

 
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                                   STAND. COM. REP. NO. 80
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     The Department of the Attorney General submitted testimony
in support of this measure and proposed an amendment to hold the
University fiscally responsible for any services they seek from
the Department of the Attorney General.  

     Your Committee adopted the joint recommendation of the
Department of the Attorney General and the University by amending
section 1 of the measure to clarify that the Board of Regents may
request and secure legal services from the Department of the
Attorney General, upon mutual agreement.  Your Committee also
made technical, nonsubstantive amendments.

     As affirmed by the record of votes of the members of your
Committee on Education and Technology that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 1181, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 1181,
S.D. 1, and be referred to the Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education and
                                   Technology,



                                   ______________________________
                                   DAVID Y. IGE, Chair

 
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