REPORT TITLE:
BOE; attorneys


DESCRIPTION:
Allows the board of education to employ or retain its own
attorneys without the approval of the attorney general.  (HB510
HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        510
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

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

 
Page 2                                                     510
                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
 
 
Page 3                                                     510
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 2.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 3.  This Act shall take effect upon its approval.