CONFERENCE COMMITTEE REP. NO.120-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 1969

S.D. 1

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1969, S.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to allow the Department of Education (DOE) to employ and contract attorneys to represent the DOE in civil actions and advise and assist in the lawful and efficient administration and operation of the DOE.

Your Committee on Conference finds that DOE cannot always obtain timely legal services from the Attorney General. The lack of timely legal advice can make it difficult for DOE to operate efficiently and result in significant losses of taxpayer dollars.

Upon further consideration, your Committee on Conference has amended this bill by:

(1) Specifying that the Board of Education shall be responsible for appointing or contracting attorneys for the benefit of DOE;

(2) Clarifying that any attorney appointed or contracted shall not be considered a deputy attorney general; and

(3) Making technical, nonsubstantive changes for purposes of clarity and consistency.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1969, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1969, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

NORMAN SAKAMOTO, Chair

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KEN ITO, Co-Chair

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BRIAN KANNO, Co-Chair

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NATHAN SUZUKI, Co-Chair

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BRIAN T. TANIGUCHI, Co-Chair