Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

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

begs leave to report as follows:

The purpose of this bill is to clarify conflicting provisions in the statutes regarding public disclosure of reports to the Legislature. This bill specifies that the Attorney General's (AG) confidential report to the Legislature regarding advice given to client agencies on how to avoid future claims against the State shall not be made available to the public.

The AG testified in support of this bill.

Section 37-77.5, Hawaii Revised Statutes (HRS), already deems these AG reports to be confidential and privileged communication and are not to be disclosed. However, under section 93-16, HRS, whenever any government agency is required to submit a report to the Legislature, the report shall be open and easily available to the public. This bill exempts the AG's confidential report to the Legislature from the requirements of section 93-16, HRS.

As affirmed by the record of votes of the members of your Committee on Legislative Management 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 Third Reading.