STAND. COM. REP. NO.391

Honolulu, Hawaii

, 2001

RE: H.B. No. 1399

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1399 entitled:

"A BILL FOR AN ACT RELATING TO SPECIAL ATTORNEYS GENERAL,"

begs leave to report as follows:

The purpose of this bill is to appropriate funds for the Attorney General to appoint two special deputy attorneys general for the purpose of defending the State and its agencies in Patrick Barrett v. State of Hawaii and Governor Benjamin Cayetano, civil number CV00-645 and John Carroll v. James Nakatani, et al., civil number CV00-00641, presently pending in the United States District Court.

Supportive testimony was submitted by the Office of Hawaiian Affairs, the State Council of Hawaiian Homestead Associations, the Oahu Council, and Hui Ka Ko`o Aina Ho`opulapula. The Department of the Attorney General, and Department of Hawaiian Home Lands supported the intent of this bill. Testimony in opposition to the bill was submitted by Ka Lahui Hawaii.

Your Committee believes it is critical that the State have the benefit of counsel from a select group of attorneys expert in litigating before the United States Supreme Court, not only to present the State's case to the Court, but, more importantly, to ensure that the foundation laid in the lower federal courts maximizes the State's ability to ultimately prevail.

Technical, nonsubstantive amendments were made for purposes of clarity, style, and conformity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1399, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1399, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair