STAND. COM. REP. NO.1089
Honolulu, Hawaii
, 2001
RE: S.B. No. 1208
S.D. 1
H.D. 2
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 S.B. No. 1208, S.D. 1, H.D. 1, 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 authorized the University of Hawaii (UH) to retain its own attorneys.
Specifically, this bill transfers the following duties and powers from the State Attorney General (AG) to the University General Counsel (UH-Counsel):
(1) The duty to receive service of process on behalf of UH;
(2) The duty to represent members of the UH's board of regents in civil actions; and
(3) The power to designate which accounts shall be deleted from UH's accounts receivable records.
UH testified in support of this bill with a proposed amendment.
Your Committee believes that the UH-Counsel should receive service of process for UH and represent members of the UH Board of Regents in keeping with the intent of Act 115.
Your Committee further believes that the UH-Counsel should have the authority to review and manage uncollectible accounts. However, executive departments transfer accounts deemed uncollectible back to the current accounts receivable if the AG finds that:
(1) The facts as alleged and presented to the AG were not true; or
(2) That the account has become accountible.
Accordingly, your Committee has conformed this bill to the foregoing rules with respect to UH-Counsel's handling of uncollectible accounts.
In addition, your Committee has amended this bill to:
(1) Allow the AG to delegate to the University General Counsel, the authority to approve acquisitions or real property; and
(2) Allow the UH-Counsel the authority to approve UH's acquisition of real property if legislative appropriations are not required.
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. 1208, S.D. 1, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance, in the form attached hereto as S.B. No. 1208, S.D. 1, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
____________________________ ERIC G. HAMAKAWA, Chair |