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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ATTORNEYS' FEES.



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

 1      SECTION 1.  Chapter 607, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§607-    No attorneys' fees to be claimed from or paid by
 
 5 the State or counties.  Notwithstanding any law by which the
 
 6 State waives its sovereign immunity from suit or any law that
 
 7 permits litigants generally to recover attorneys' fees from
 
 8 another litigant, no claim for attorneys' fees may be made
 
 9 against, nor may any attorneys' fees be taxed against nor
 
10 required to be paid by the State or any county or any political
 
11 subdivision, board, or commission thereof, or any officer, acting
 
12 in the officer's official capacity on behalf of the State or any
 
13 county or other political subdivision, board, or commission
 
14 thereof, except if:
 
15      (1)  A statute expressly allows a claim for attorneys' fees
 
16           to be made against the State or county or any political
 
17           subdivision, board, or commission thereof or any
 
18           officer, acting in the officer's official capacity on
 
19           behalf of the State or any county or other political
 

 
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 1           subdivision, board, or commission thereof; or
 
 2      (2)  A statute expressly requires the State or county or
 
 3           other political subdivision, board, or commission
 
 4           thereof, or any officer, acting in the officer's
 
 5           official capacity on behalf of the State, or county or
 
 6           other political subdivision, board, or commission
 
 7           thereof, to pay attorneys' fees to another litigant."
 
 8      SECTION 2.  New statutory material is underscored.
 
 9      SECTION 3.  This Act shall take effect upon its approval.
 
10 
 
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12                           INTRODUCED BY:  _______________________
 

 
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