Hawaii 2022 Regular Session

Hawaii Senate Bill SB2605 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2605 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to independent legal counsel. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2605
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2605
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to independent legal counsel.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. 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 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 Hawaii health systems corporation, or its regional system boards, or any of their facilities; (11) By the auditor; (12) By the office of ombudsman; (13) By the insurance division; (14) By the University of Hawaii; (15) By the Kahoolawe island reserve commission; (16) By the division of consumer advocacy; (17) By the office of elections; (18) By the campaign spending commission; (19) By the Hawaii tourism authority, as provided in section 201B-2.5; (20) By the division of financial institutions; (21) By the office of information practices; (22) By the school facilities authority; [or] (23) By the department of Hawaiian home lands; provided that: (A) The department of Hawaiian home lands may use the services of the attorney general as needed; and (B) Legal fees owed to independent counsel shall be paid by the State; or [(23)] (24) By a department, if 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." 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 Hawaii tourism authority as provided in section 201B-2.5, the office of information practices, the department of Hawaiian home lands, or as grand jury counsel, shall be a deputy attorney general." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 28-8.3, Hawaii Revised Statutes, is amended as follows:
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51	51	1. By amending subsection (a) to read:
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53	53	"(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:
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55	55	(1) By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;
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57	57	(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;
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59	59	(3) By the legislative reference bureau;
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61	61	(4) By any compilation commission that may be constituted from time to time;
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63	63	(5) By the real estate commission for any action involving the real estate recovery fund;
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65	65	(6) By the contractors license board for any action involving the contractors recovery fund;
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67	67	(7) By the office of Hawaiian affairs;
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69	69	(8) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485A;
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71	71	(9) As grand jury counsel;
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73	73	(10) By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;
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75	75	(11) By the auditor;
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77	77	(12) By the office of ombudsman;
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79	79	(13) By the insurance division;
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81	81	(14) By the University of Hawaii;
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83	83	(15) By the Kahoolawe island reserve commission;
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85	85	(16) By the division of consumer advocacy;
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87	87	(17) By the office of elections;
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89	89	(18) By the campaign spending commission;
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91	91	(19) By the Hawaii tourism authority, as provided in section 201B-2.5;
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93	93	(20) By the division of financial institutions;
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95	95	(21) By the office of information practices;
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97	97	(22) By the school facilities authority; [or]
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99	99	(23) By the department of Hawaiian home lands; provided that:
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101	101	(A) The department of Hawaiian home lands may use the services of the attorney general as needed; and
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103	103	(B) Legal fees owed to independent counsel shall be paid by the State; or
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105	105	[(23)] (24) By a department, if 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."
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107	107	2. By amending subsection (c) to read:
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109	109	"(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 Hawaii tourism authority as provided in section 201B-2.5, the office of information practices, the department of Hawaiian home lands, or as grand jury counsel, shall be a deputy attorney general."
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111	111	SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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113	113	SECTION 3. This Act shall take effect upon its approval.
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117	117	INTRODUCED BY: _____________________________
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119	119	INTRODUCED BY:
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121	121	_____________________________
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127	127	Report Title: Department of Hawaiian Home Lands; Legal Counsel Description: Allows the Department of Hawaiian Home Lands to retain independent counsel as needed whose legal fees are to be paid for by the State. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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133	133	Report Title:
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135	135	Department of Hawaiian Home Lands; Legal Counsel
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139	139	Description:
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141	141	Allows the Department of Hawaiian Home Lands to retain independent counsel as needed whose legal fees are to be paid for by the State.
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149	149	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.