REPORT TITLE:
Education


DESCRIPTION:
Allows the board of education to retain independent legal
counsel.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            778         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1      SECTION 1.  Section 28-8.3, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsection (a) to read:
 
 4      "(a)  No department of the State other than the attorney
 
 5 general may employ or retain any attorney, by contract or
 
 6 otherwise, for the purpose of representing the State or the
 
 7 department in any litigation, rendering legal counsel to the
 
 8 department, or drafting legal documents for the department;
 
 9 provided that the foregoing provision shall not apply to the
 
10 employment or retention of attorneys:
 
11      (1)  By the public utilities commission, the labor and
 
12           industrial relations appeals board, and the Hawaii
 
13           labor relations board;
 
14      (2)  By any court or judicial or legislative office of the
 
15           State;
 
16      (3)  By the legislative reference bureau;
 
17      (4)  By any compilation commission that may be constituted
 
18           from time to time;
 

 
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 1      (5)  By the real estate commission for any action involving
 
 2           the real estate recovery fund;
 
 3      (6)  By the contractors license board for any action
 
 4           involving the contractors recovery fund;
 
 5      (7)  By the trustees for any action involving the travel
 
 6           agency recovery fund;
 
 7      (8)  By the office of Hawaiian affairs;
 
 8      (9)  By the department of commerce and consumer affairs for
 
 9           the enforcement of violations of chapters 480 and 485;
 
10     (10)  As grand jury counsel;
 
11     (11)  By the Hawaiian home lands trust individual claims
 
12           review panel;
 
13     (12)  By the Hawaii health systems corporation or any of its
 
14           facilities;
 
15     (13)  By the auditor;
 
16     (14)  By the office of ombudsman;
 
17     (15)  By the insurance division;
 
18     (16)  By the University of Hawaii; [or]
 
19     (17)  By the board of education pursuant to section 302A-
 
20           1111; or
 
21    [(17)] (18) By a department, in the event the attorney
 
22           general, for reasons deemed by the attorney general
 
23           good and sufficient, declines, to employ or retain an
 

 
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 1           attorney for a department; provided that the governor
 
 2           thereupon waives the provision of this section."
 
 3      2.  By amending subsection (c) to read:
 
 4      "(c)  Every attorney employed by any department on a full-
 
 5 time basis, except an attorney employed by the public utilities
 
 6 commission, the labor and industrial relations appeals board, the
 
 7 Hawaii labor relations board, the office of Hawaiian affairs, the
 
 8 Hawaii health systems corporation, the department of commerce and
 
 9 consumer affairs in prosecution of consumer complaints, insurance
 
10 division, the University of Hawaii, the Hawaiian home lands trust
 
11 individual claims review panel, the board of education, or as
 
12 grand jury counsel, shall be a deputy attorney general."
 
13      SECTION 2.  Section 302A-1111, Hawaii Revised Statutes, is
 
14 amended by amending subsection (b) to read as follows:
 
15      "(b)  Except as otherwise provided, the superintendent shall
 
16 sign all drafts for the payment of moneys, all commissions and
 
17 appointments, all deeds, official acts, or other documents of the
 
18 department.  The superintendent, at such times as may be
 
19 requested by the board, shall contract with attorneys, who shall
 
20 be exempt from chapters 76 and 77, to assist the board in
 
21 exercising its powers and duties.  The superintendent may use a
 
22 printed facsimile signature in approving appointments, contracts,
 
23 and other documents.  The superintendent, at such time as may be
 

 
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 1 prescribed by the board, shall present to the board full annual
 
 2 reports of the principal transactions within the department
 
 3 during the last completed year, which reports together with such
 
 4 recommendations as the board may think proper, shall be presented
 
 5 to the governor and the legislature."
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:  _______________________