REPORT TITLE:
BOE; Felix Attorneys


DESCRIPTION:
Allows BOE to retain attorneys for issues involving Felix
compliance.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2235
TWENTIETH LEGISLATURE, 2000                                
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.  Chapter 302A, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§302A-     Department of education attorneys.  The board of
 
 5 education may appoint or retain by contract one or more attorneys
 
 6 who are independent of the attorney general, to provide legal
 
 7 services to the department of education for issues involving
 
 8 children with disabilities, including:
 
 9      (1)  Representation for the department of education in civil
 
10           actions involving children with disabilities, to which
 
11           the department is a party, either directly or through
 
12           the acts or omissions of its officers or employees; and
 
13      (2)  Advice and assistance to ensure the lawful and
 
14           efficient administration and operation of the
 
15           department of education in the area of children with
 
16           disabilities.
 
17 The board of education may fix the compensation of the attorneys
 
18 appointed or retained pursuant to this section.  Attorneys
 
19 appointed or retained by contract shall be exempted from chapters
 

 
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                                     S.B. NO.           2235
                                                        
                                                        

 
 1 76, 77, and 89."
 
 2      SECTION 2.  Section 28-8.3, Hawaii Revised Statutes, is
 
 3 amended as follows:
 
 4      1.   By amending subsection (a) to read:
 
 5      "(a)  No department of the State other than the attorney
 
 6 general may employ or retain any attorney, by contract or
 
 7 otherwise, for the purpose of representing the State or the
 
 8 department in any litigation, rendering legal counsel to the
 
 9 department, or drafting legal documents for the department;
 
10 provided that the foregoing provision shall not apply to the
 
11 employment or retention of attorneys:
 
12      (1)  By the public utilities commission, the labor and
 
13           industrial relations appeals board, and the Hawaii
 
14           labor relations board;
 
15      (2)  By any court or judicial or legislative office of the
 
16           State;
 
17      (3)  By the legislative reference bureau;
 
18      (4)  By any compilation commission that may be constituted
 
19           from time to time;
 
20      (5)  By the real estate commission for any action involving
 
21           the real estate recovery fund;
 
22      (6)  By the contractors license board for any action
 
23           involving the contractors recovery fund;
 

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

 
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                                     S.B. NO.           2235
                                                        
                                                        

 
 1 commission, the labor and industrial relations appeals board, the
 
 2 Hawaii labor relations board, the office of Hawaiian affairs, the
 
 3 Hawaii health systems corporation, the department of commerce and
 
 4 consumer affairs in prosecution of consumer complaints, insurance
 
 5 division, the University of Hawaii, the board of education, the
 
 6 Hawaiian home lands trust individual claims review panel, or as
 
 7 grand jury counsel, shall be a deputy attorney general."
 
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 4.  This Act shall take effect upon its approval.
 
11 
 
12                       INTRODUCED BY:  ___________________________