Bill Text: HI SB144 | 2010 | Regular Session | Introduced

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Bill Title: Education; Board of Education; Attorneys

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB144 Detail]

Download: Hawaii-2010-SB144-Introduced.html

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Report Title:

Education; Board of Education; Attorneys

 

Description:

Authorizes the board of education to employ or retain its own independent legal counsel.

 

THE SENATE	S.B. NO.	144
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to legal services.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the board of education is faced with increasingly complex legal issues and matters that require expedited attention and legal response.  Having the flexibility to hire independent legal counsel will expedite the disposition of legal issues and cases related to the board's purview of the public schools and public libraries.

     The purpose of this Act is to authorize the board of education to employ or retain its own independent legal counsel.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302A-    Board attorneys.  (a)  The board may appoint or retain by contract one or more attorneys who are independent of the attorney general, to provide legal services for the board, including:

     (1)  Representation for the board in civil actions to which the board is a party, either directly or through the acts or omissions of its members or employees;

     (2)  Advice and assistance to ensure the lawful and efficient administration and operation of the board; and

     (3)  Other legal services specified by the board.

The board may establish the compensation of the attorneys appointed pursuant to this section.  Attorneys appointed or retained by contract shall be exempt from chapters 76 and 89.

     (b)  Nothing in this section precludes the board from requesting and securing legal services from the attorney general and the department of the attorney general for the board, its members, or employees."

     SECTION 3.  Section 28-8.3, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:

     (1)  By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;

     (2)  By any court or judicial or legislative office of the State; provided that if the attorney general is requested to provide representation to a court or judicial office by the chief justice or the chief justice's designee, or to a legislative office by the speaker of the house of representatives and the president of the senate jointly, and the attorney general declines to provide such representation on the grounds of conflict of interest, the attorney general shall retain an attorney for the court, judicial, or legislative office, subject to approval by the court, judicial, or legislative office;

     (3)  By the legislative reference bureau;

     (4)  By any compilation commission that may be constituted from time to time;

     (5)  By the real estate commission for any action involving the real estate recovery fund;

     (6)  By the contractors license board for any action involving the contractors recovery fund;

     (7)  By the trustees for any action involving the travel agency recovery fund;

     (8)  By the office of Hawaiian affairs;

     (9)  By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485A;

    (10)  As grand jury counsel;

    (11)  By the Hawaiian home lands trust individual claims review panel;

    (12)  By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;

    (13)  By the auditor;

    (14)  By the office of ombudsman;

    (15)  By the insurance division;

    (16)  By the University of Hawaii;

    (17)  By the Kahoolawe island reserve commission;

    (18)  By the division of consumer advocacy;

    (19)  By the office of elections;

    (20)  By the campaign spending commission;

    (21)  By the Hawaii tourism authority, as provided in section 201B-2.5; [or]

    (22)  By the board of education; or

   [(22)] (23)  By a department, in the event the attorney general, for reasons deemed by the attorney general good and sufficient, declines to employ or retain an attorney for a department; provided that the governor thereupon waives the provision of this section."

     2.  By amending subsection (c) to read:

     "(c)  Every attorney employed by any department on a full-time basis, except an attorney employed by the public utilities commission, the labor and industrial relations appeals board, the Hawaii labor relations board, the office of Hawaiian affairs, the Hawaii health systems corporation or its regional system boards, the department of commerce and consumer affairs in prosecution of consumer complaints, insurance division, the division of consumer advocacy, the University of Hawaii, the board of education, the Hawaii tourism authority as provided in section 201B-2.5, the Hawaiian home lands trust individual claims review panel, or as grand jury counsel, shall be a deputy attorney general."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________