Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Education, to which was referred S.B. No. 12 entitled:

beg leave to report as follows:

The purpose of this measure is to allow the Department of Education to appoint or retain by contract attorneys to provide legal services to the Department.

Your Committee received testimony in support of this measure from the Hawaii Government Employees Association. The Department of Education supported the measure and suggested amendments. The Department of the Attorney General and Hawaii Moms and Dads 4Kids opposed the bill.

Your Committee finds that the Department of Education is confronted with legal issues and challenges to the public school system or its employees on an almost daily basis. Timely legal advice or representation is required. Allowing the Department to retain its own counsel in addition to utilizing the Department of the Attorney General may address their needs. Your Committee amended the bill at the Department's suggestion, however, by requiring the Department to provide a costs and benefits report to the legislature twenty days prior to the convening of the regular session of 2007.

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Education that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 12, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 12, S.D. 1, and be referred to the Committee on Ways and Means.