Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 1399, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to appropriate funds for the Attorney General (AG) to appoint two special deputy attorneys general to defend the State in Carroll v. Nakatani, Civil No. 00-00641, and Barrett v. State of Hawaii and Governor Benjamin Cayetano, Civil No. 00-00645, which are pending in the United States District Court. These two cases challenge the constitutionality of Article XII of the Hawaii State Constitution, the Office of Hawaiian Affairs, and the Department of Hawaiian Home Lands.

The Oahu Council of the Association of Hawaiian Civic Clubs submitted testimony in support of this bill. The AG and the Department of Hawaiian Home Lands submitted testimony in support of the intent of this bill.

An individual testified in opposition.

The Office of Hawaiian Affairs submitted comments.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1399, H.D. 1, and recommends that it pass Third Reading.