STAND. COM. REP. NO.734-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 2206

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Education, to which was referred S.B. No. 2206, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF EDUCATION,"

begs leave to report as follows:

The purpose of this bill is to allow the Department of Education (DOE) to hire and retain its own attorneys other than the Attorney General.

The Hawaii Government Employees Association submitted testimony in support of this bill. DOE submitted testimony in support of the intent of this bill. The Attorney General submitted testimony in opposition to this bill.

Your Committee finds that when DOE or the Public Library System requires legal advice or assistance, they often cannot get services from the Attorney General in a timely manner. Allowing DOE to retain its own attorneys would greatly enhance its ability to manage its legal needs in an expeditious manner. However, your Committee notes that it would be more appropriate to allow the Board of Education (BOE) to hire attorneys, as it is the policy-making head of the State's educational system.

Accordingly, your Committee has amended this bill by deleting its substance and inserting the contents of H.B. No. 1969. As amended, this bill allows BOE to hire its own attorneys, other than the Attorney General.

As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2206, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2206, S.D. 1, H.D. 1, and be referred to the Committee on Finance.

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

 

____________________________

KEN ITO, Chair