June 20, 2003
STATEMENT OF OBJECTIONS TO SENATE BILL NO. 38
State of Hawaii
Pursuant to Section 16 of Article III of the Constitution of the State of Hawaii, I am returning without my approval, Senate Bill No. 38, entitled "A Bill for an Act Relating to the Hawaii Tourism Authority."
The purpose of this bill is to authorize the Hawaii Tourism Authority (HTA) to hire attorneys independent of the Attorney General. At present, the HTA's legal services are provided through the Department of the Attorney General.
This bill is unnecessary because the Attorney General is capable of providing the services needed by the HTA either through regular or special deputy attorneys general. Furthermore, existing statutes provide for the contracting of private attorneys with special expertise when needed for specific projects, and the Attorney General has never denied a request from the HTA for an attorney with special expertise.
If the HTA were authorized to hire or retain attorneys independent of the Attorney General, the advice of private counsel may conflict with the advice given to other state agencies by the Attorney General and result in litigation that could have been avoided if the advice had been coordinated and reviewed by the Attorney General.
For the foregoing reasons, I am returning Senate Bill No. 38 without my approval.
Governor of Hawaii