STAND. COM. REP. NO. 490

Honolulu, Hawaii

RE: S.B. No. 128

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Judiciary and Government Operations, to which was referred S.B. No. 128 entitled:

"A BILL FOR AN ACT RELATING TO LEGAL REPRESENTATION,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify that the Attorney General shall not represent the Legislature and individual legislators acting in their official capacity; and

(2) Require the respective house to provide legal representation for any member who is sued in the member's official capacity unless the member declines such representation.

Your Committees received testimony in support of this measure from one individual.

Your Committees find that the Attorney General is the chief legal officer and chief law enforcement officer of the State of Hawaii. Your Committees further find that the Department of the Attorney General defends and represents state officials and employees when they are sued for actions they have taken in connection with their state positions. This measure is intended to clarify the circumstances in which the Department of the Attorney General represents the Legislature, a house of the Legislature, or individual legislators, and provides for contingent legal representation if legislators decline representation by the Department of the Attorney General.

Accordingly, your Committees have amended this measure by:

(1) Requiring the Attorney General to represent the Legislature, a house of the Legislature, or individual legislators unless the Legislature, house of the Legislature, or individual legislators decline representation;

(2) Clarifying that, if individual legislators subject to a suit arising from acts or omissions made in the course and scope of employment decline representation by the Attorney General, the respective house of the Legislature is required at their own cost to provide legal representation for those members unless the legislators decline representation by the respective house; and

(3) Requiring each house of the Legislature to establish rules providing for legal representation.

As affirmed by the records of votes of the members of your Committees on Judiciary and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 128, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 128, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Government Operations,

________________________________ LAURA H. THIELEN, Chair

________________________________ KARL RHOADS, Chair