REPORT TITLE:
HHCA Attorneys


DESCRIPTION:
Allows department of Hawaiian home lands the authority to hire
its own staff attorney.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2109
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE HAWAIIAN HOMES COMMISSION ACT. 


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

 1      SECTION 1.  Section 202 of the Hawaiian Homes Commission
 
 2 Act, 1920, as amended, is amended to read as follows:
 
 3      "§202.  Department officers, staff, commission, members,
 
 4 compensation[.], attorneys.  (a)  There shall be a department of
 
 5 Hawaiian home lands which shall be headed by an executive board
 
 6 to be known as the Hawaiian homes commission.  The members of the
 
 7 commission shall be nominated and appointed in accordance with
 
 8 section 26-34, Hawaii Revised Statutes.  The commission shall be
 
 9 composed of nine members, as follows:  three shall be residents
 
10 of the city and county of Honolulu; two shall be residents of the
 
11 county of Hawaii one of whom shall be a resident of east Hawaii
 
12 and the other a resident of west Hawaii; two shall be residents
 
13 of the county of Maui one of whom shall be a resident from the
 
14 island of Molokai; one shall be a resident of the county of
 
15 Kauai; and the ninth member shall be the chairman of the Hawaiian
 
16 homes commission.  All members shall have been residents of the
 
17 State at least three years prior to their appointment and at
 
18 least four of the members shall be descendants of not less than
 
19 one-fourth part of the blood of the races inhabiting the Hawaiian
 

 
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 1 Islands previous to 1778.  The members of the commission shall
 
 2 serve without pay, but shall receive actual expenses incurred by
 
 3 them in the discharge of their duties as such members.  The
 
 4 governor shall appoint the chairman of the commission from among
 
 5 the members thereof.
 
 6      The commission may delegate to the chairman such duties,
 
 7 powers, and authority or so much thereof, as may be lawful or
 
 8 proper for the performance of the functions vested in the
 
 9 commission.  The chairman of the commission shall serve in a
 
10 full-time capacity.  He shall, in such capacity, perform such
 
11 duties, and exercise such powers and authority, or so much
 
12 thereof, as may be delegated to him by the commission as herein
 
13 provided above.
 
14      (b)  The provisions of section 76-16, Hawaii Revised
 
15 Statutes, shall apply to the positions of first deputy and
 
16 private secretary to the chairman of the commission.  The
 
17 department may hire temporary staff on a contractual basis not
 
18 subject to chapters 76, 77, and 78, Hawaii Revised Statutes, when
 
19 the services to be performed will assist in carrying out the
 
20 purposes of the Act.  These positions may be funded through
 
21 appropriations for capital improvement program projects and by
 
22 the administration account, operating fund, or native Hawaiian
 
23 rehabilitation fund.  No contract shall be for a period longer
 

 
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 1 than two years, but individuals hired under contract may be
 
 2 employed for a maximum of six years; provided that the six-year
 
 3 limitation shall not apply if the department, with the approval
 
 4 of the governor, determines that such contract individuals are
 
 5 needed to provide critical services for the efficient functioning
 
 6 of the department.  All other positions in the department shall
 
 7 be subject to chapters 76 and 77, Hawaii Revised Statutes.
 
 8      All vacancies and new positions which are covered by
 
 9 chapters 76 and 77, Hawaii Revised Statutes, shall be filled in
 
10 accordance with sections 76-23 and 76-31, Hawaii Revised
 
11 Statutes, provided that the provisions of these sections shall be
 
12 applicable first to qualified persons of Hawaiian extraction. 
 
13      (c)  The Hawaiian homes commission may appoint or retain by
 
14 contract one or more attorneys who are independent of the
 
15 attorney general, to provide legal services for the department of
 
16 Hawaiian home lands, including:
 
17      (1)  Representation for the department of Hawaiian home
 
18           lands in civil actions to which the department of
 
19           Hawaiian home lands is a party, either directly or
 
20           through the acts or omissions of its officers or
 
21           employees;
 
22      (2)  Advice and assistance to ensure the lawful and
 
23           efficient administration and operation of the
 

 
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                                     S.B. NO.           2109
                                                        
                                                        

 
 1           department of Hawaiian home lands;
 
 2      (3)  Review and approval of documents relating to the
 
 3           acquisition of land and operation of the department of
 
 4           Hawaiian home lands; and
 
 5      (4)  Other legal service specified by the Hawaiian homes
 
 6           commission
 
 7 The Hawaiian homes commission may fix the compensation of the
 
 8 attorneys appointed pursuant to this section.  Attorneys
 
 9 appointed or retained by contract shall be exempt from chapters
 
10 76, 77, and 89."
 
11      SECTION 2.  Section 28-8.3, Hawaii Revised Statutes, is
 
12 amended as follows:
 
13      1.  By amending subsection (a) to read:  
 
14      "(a)  No department of the State other than the attorney
 
15 general may employ or retain any attorney, by contract or
 
16 otherwise, for the purpose of representing the State or the
 
17 department in any litigation, rendering legal counsel to the
 
18 department, or drafting legal documents for the department;
 
19 provided that the foregoing provision shall not apply to the
 
20 employment or retention of attorneys:
 
21      (1)  By the public utilities commission, the labor and
 
22           industrial relations appeals board, and the Hawaii
 
23           labor relations board;
 

 
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 1      (2)  By any court or judicial or legislative office of the
 
 2           State;
 
 3      (3)  By the legislative reference bureau;
 
 4      (4)  By any compilation commission that may be constituted
 
 5           from time to time;
 
 6      (5)  By the real estate commission for any action involving
 
 7           the real estate recovery fund;
 
 8      (6)  By the contractors license board for any action
 
 9           involving the contractors recovery fund;
 
10      (7)  By the trustees for any action involving the travel
 
11           agency recovery fund;
 
12      (8)  By the office of Hawaiian affairs;
 
13      (9)  By the department of commerce and consumer affairs for
 
14           the enforcement of violations of chapters 480 and 485;
 
15     (10)  As grand jury counsel;
 
16     (11)  By the Hawaiian home lands trust individual claims
 
17           review panel;
 
18     (12)  By the Hawaii health systems corporation or any of its
 
19           facilities;
 
20     (13)  By the auditor;
 
21     (14)  By the office of ombudsman;
 
22     (15)  By the insurance division;
 
23     (16)  By the University of Hawaii; [or]
 

 
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                                     S.B. NO.           2109
                                                        
                                                        

 
 1     (17)  By the department of Hawaiian home lands; or
 
 2    [(17)] (18)  By a department, in the event the attorney
 
 3           general, for reasons deemed by the attorney general
 
 4           good and sufficient, declines, to employ or retain an
 
 5           attorney for a department; provided that the governor
 
 6           thereupon waives the provision of this section."
 
 7      2.  By amending subsection (c) to read:
 
 8      "(c)  Every attorney employed by any department on a full-
 
 9 time basis, except an attorney employed by the public utilities
 
10 commission, the labor and industrial relations appeals board, the
 
11 Hawaii labor relations board, the office of Hawaiian affairs, the
 
12 Hawaii health systems corporation, the department of commerce and
 
13 consumer affairs in prosecution of consumer complaints, insurance
 
14 division, the University of Hawaii, the department of Hawaiian
 
15 home lands, the Hawaiian home lands trust individual claims
 
16 review panel, or as grand jury counsel, shall be a deputy
 
17 attorney general."
 
18      SECTION 3.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 4.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:  _______________________