Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 477 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Department of Hawaiian Home Lands to hire attorneys independent of the Attorney General to provide legal services to the Department.

The bill authorizes an independent attorney to be hired to:

The measure also authorizes the Hawaiian Homes Commission to set the salary for independent attorneys.

Your Committee believes that this measure will prevent conflicts that may result from having the Department of the Attorney General as the sole source of legal advice or representation for the Department of Hawaiian Home Lands. In some situations, a conflict may arise between the best interests of the Department's native Hawaiian beneficiaries and the interests of the State. Your Committee finds this measure will allow effective representation of all parties' interests.

Upon further consideration, your Committee has amended this bill by making technical amendments that authorize the Department of Hawaiian Home Lands, rather than the Hawaiian Homes Commission, to hire, rather than appoint or retain by contract, an attorney independent of the Attorney General. These technical amendments were made for the purpose of clarity and uniformity.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 477, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 477, S.D. 1.