STAND. COM. REP. NO.412
Honolulu, Hawaii
, 2001
RE: H.B. No. 733
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 733 entitled:
"A BILL FOR AN ACT RELATING TO THE UNIVERSITY OF HAWAII,"
begs leave to report as follows:
The purpose of this bill is to effectuate certain housekeeping measures consistent with Act 115, Session Laws of Hawaii 1998, which authorizes the University of Hawaii to retain its own attorneys.
This bill exempts the University from having to obtain the approval of the State attorney general prior to acquiring an interest in real property, and transfers the following duties and powers from the State attorney general to the University general counsel:
(1) The duty to receive service of process on behalf of the University;
(2) The duty to represent members of the University's board of regents in civil actions; and
(3) The power to designate which accounts shall be deleted from the University of Hawaii's accounts receivable records;
The University of Hawaii testified in support of the bill.
Your Committee finds that transferring the following duties and powers from the State attorney general to the University general counsel is consistent with the enactment of Act 115, Session Laws of Hawaii 1998:
(1) The duty to receive service of process on behalf of the University;
(2) The duty to represent members of the University's board of regents in civil actions; and
(3) The power to designate which accounts shall be deleted from the University of Hawaii's accounts receivable records.
However, your Committee finds that the University should not be exempt from obtaining the prior approval of the State attorney general before acquiring an interest in real property. Since the funding of real property acquisitions by the University will continue to be financed through legislative appropriations, maintaining State oversight is necessary to ensure fiscal accountability. Accordingly, your Committee has amended this bill by deleting the exemption.
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 H.B. No. 733, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 733, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
____________________________ ERIC G. HAMAKAWA, Chair |
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