STAND. COM. REP. NO. 2144

Honolulu, Hawaii

RE: S.B. No. 3046

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 3046 entitled:

"A BILL FOR AN ACT MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF THE ATTORNEY GENERAL,"

begs leave to report as follows:

The purpose and intent of this measure is to make an emergency appropriation to the Department of the Attorney General for retention of expert witnesses and specialized legal counsel in major litigation against the State.

Your Committee received testimony in support of this measure from the Department of the Attorney General. Your Committee received comments on this measure from the Department of Budget and Finance.

Your Committee finds that the Department of the Attorney General anticipates incurring litigation expenses before the end of the 2021-2022 fiscal year in ongoing lawsuits where the plaintiffs are seeking substantial amounts of damages. These litigation expenses include retaining expert counsel and expert witnesses for the State's defense. Your Committee further finds that the Department of the Attorney General believes that vigorous legal representation with the judicious use of necessary expert witnesses could avoid costly judgments or minimize exposure of the State in ongoing litigation. Your Committee notes that the emergency appropriation to the Department of the Attorney General should be used in the pursuit of justice not for the mere pursuit of aggressive litigation practices. This measure will appropriate adequate funds to cover major litigation costs involving the State for fiscal year 2021-2022.

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 S.B. No. 3046 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair