STAND. COM. REP. NO. 148

Honolulu, Hawaii

, 2021

RE: H.B. No. 205

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Legislative Management, to which was referred H.B. No. 205 entitled:

"A BILL FOR AN ACT RELATING TO DISCLOSURE OF ATTORNEY-CLIENT AND ATTORNEY WORKPRODUCT PRIVILEGED COMMUNICATIONS TO THE OMBUDSMAN,"

begs leave to report as follows:

The purpose of this measure is to specify that disclosure to the ombudsman of communications subject to attorney-client privilege or attorney work-product privilege does not waive that privilege with respect to any other person.

Your Committee received testimony in support of this measure from the Office of the Ombudsman and one individual.

Your Committee finds that clarifying the disclosure of otherwise privileged information to the Office of the Ombudsman does not constitute a waiver of that privilege with respect to any other person will assist the Office of the Ombudsman in carrying out its investigative duties.

Your Committee has amended this measure by changing the effective date to July 1, 2114, to encourage further discussion.

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. 205, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 205, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Legislative Management,

____________________________

DALE T. KOBAYASHI, Chair