Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 595 entitled:

begs leave to report as follows:

The purpose of this bill is to clarify that the confidential report by the Attorney General to the Legislature, describing any advice given to its clients regarding corrective action to avoid future claims shall not be subject to publication and distribution requirements.

The Attorney General's Office testified in support of this bill.

Your Committee finds that section 37-77.5, Hawaii Revised Statutes (HRS), states that any report by the Attorney General to the Legislature, describing any advice given to its clients regarding corrective action to avoid future claims shall be deemed confidential and privileged communication to the Legislature and shall not be disclosed; however, section 93-16, HRS, states that government agency reports submitted to the Legislature are open and shall be made easily available to the public. This bill corrects conflicting requirements set forth in the statutes, and provides an exemption to public reporting of material excluded from reporting requirements, as set forth by section 37-77.5, HRS.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 595 and recommends that it pass Second Reading and be referred to the Committee on Legislative Management.