STAND. COM. REP. NO.2945

Honolulu, Hawaii

, 2002

RE: H.B. No. 1969

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Education and Judiciary, to which was referred H.B. No. 1969 entitled:

"A BILL FOR AN ACT RELATING TO THE BOARD OF EDUCATION,"

beg leave to report as follows:

The purpose of this measure is to allow the Board of Education to employ attorneys without the Attorney General's approval.

Your Committees received testimony in support of the measure from a private individual. Your Committees received testimony in opposition to the measure from the Attorney General.

Your Committees find that the measure will provide the Department of Education with access to timely and independent legal advice, which could provide one means of improving its administrative and instructional practices.

Your Committees have amended the measure by replacing its contents with the contents of S.B. No. 2206, S.D. 1. As amended, the measure:

(1) Allows the Department of Education to be the primary hiring authority, instead of the Board of Education;

(2) Sets forth the legal services to be provided;

(3) Allows the board to set the compensation of the attorneys;

(4) Allows attorneys to be retained by contract; and

(5) Specifies that the board is not precluded from requesting and securing legal services from the attorney general.

As affirmed by the records of votes of the members of your Committees on Education and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1969, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1969, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Education and Judiciary,

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BRIAN KANNO, Chair

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NORMAN SAKAMOTO, Chair