Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Education, to which was referred S.B. No. 1208 entitled:

begs leave to report as follows:

The purpose of this measure is to provide that service of process upon the University of Hawaii shall be made by delivering the complaint and the summons to the University's general counsel or to any attorney in the office of the University general counsel.

This measure also allows the general counsel of the university to review accounts for uncollectibility and to delete them from accounts receivable. In addition, the measure exempts the university from the required approval of the attorney general to acquire real property.

Your Committee heard testimony in support of the measure from the University of Hawaii.

Your Committee finds that the University of Hawaii has been authorized to hire its own general counsel. Therefore, it would be a more efficient process to enable the University's general counsel to be served when the University, its officers, or employees are sued, instead of the Attorney General exclusively. The other amendments in this measure recognize the fact that the university now has its own general counsel.

Your Committee has amended the measure to clarify that service of process on the office of the University general counsel is only necessary if an officer or employee of the University is being sued in their official capacity. Your Committee has also made technical, nonsubstantive changes for clarity.

As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1208, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1208, S.D. 1, and be referred to the Committee on Judiciary.