Bill Text: HI SB630 | 2013 | Regular Session | Introduced

Hawaii Senate Bill 630 (Prior Session Legislation)

Introduced

Bill Title: University of Hawaii; Contract Hire; Attorney

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to HRE/JDL, WAM. [SB630 Detail]

Download: Hawaii-2013-SB630-Introduced.html

THE SENATE	S.B. NO.	630
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to the university of hawaii.

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

SECTION 1. Section 28-8.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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 office of Hawaiian affairs;

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

(9) As grand jury counsel;

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

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

(12) By the auditor;

(13) By the office of ombudsman;

(14) By the insurance division;

(15) By the University of Hawaii; provided that the University of Hawaii may only employ or retain an attorney as a salaried employee;

(16) By the Kahoolawe island reserve commission;

(17) By the division of consumer advocacy;

(18) By the office of elections;

(19) By the campaign spending commission;

(20) By the Hawaii tourism authority, as provided in section 201B-2.5;

(21) By the division of financial institutions for any action involving the mortgage loan recovery fund; or

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

SECTION 2. Section 304A-1005, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The board of regents may appoint or retain [~~by contract~~] one or more attorneys who are independent of the attorney general, to provide legal services for the university, including:

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

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

(3) Review and approval of documents relating to the acquisition of land or interest in land by the university; and

(4) Any other legal service specified by the board of regents[.];

provided that the board of regents may only appoint or retain an attorney as a salaried employee of the university.

The board of regents may fix the compensation of the attorneys appointed pursuant to this section. Attorneys appointed or retained [~~by contract~~] shall be exempt from chapters 76 and 89."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

University of Hawaii; Contract Hire; Attorney

Description:

Removes the authority of the University of Hawaii to retain outside legal counsel on a contract basis to represent the University of Hawaii in litigation, provide legal counsel or advice, draft or review legal documents, or perform any other legal services for the University of Hawaii.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.