STAND. COM. REP. NO. 774

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 889

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 889, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO ATTORNEY'S FEES,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to clarify that a court may award attorney's fees and litigation costs to the Department of the Attorney General in cases in which the State prevails.

 

     Your Committee received written comments in support of this measure from the Department of the Attorney General.

 

     Your Committee finds that in the past, courts have misinterpreted section 28-6, Hawaii Revised Statutes, and denied the State's request to be awarded attorney's fees and litigation costs when it prevailed in a lawsuit.  This measure clarifies that the Department of the Attorney General may be awarded attorney's fees and litigation costs and that the Attorney General and deputies attorney general may not personally be awarded attorney's fees and litigation costs.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 889, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

____________________________

DAVID Y. IGE, Chair