SB87

SECTION 1. The legislature finds that the board of education is faced with increasingly complex legal issues and matters that require expedited attention and response. Having the flexibility to hire independent legal counsel will expedite the disposition of legal issues and cases related to the board of education's purview, as well as the public schools and libraries.

The purpose of this Act is to give the board of education the authority to employ or retain its own legal counsel.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Board attorneys. (a) The board may employ or retain by contract one or more attorneys who are independent of the department of the attorney general, to provide legal services to the board, including:

(1) Representation of the board in civil actions to which the board is a party, either directly or through the acts or omissions of its members or employees;

(2) Providing advice and assistance to ensure the lawful and efficient administration and operation of the board; and

(3) Other legal services specified by the board.

(b) The board may establish the compensation of the attorneys employed or retained pursuant to this section. Attorneys employed or retained pursuant to this section shall be exempt from chapters 76 and 89.

(c) Nothing in this section shall preclude the board from requesting and securing legal services from the department of the attorney general for the board or its members, upon mutual agreement."

SECTION 3. Section 28-8.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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;

(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 trustees for any action involving the travel agency recovery fund;

(8) By the office of Hawaiian affairs;

(9) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485;

(10) As grand jury counsel;

(11) By the Hawaiian home lands trust individual claims review panel;

(12) By the Hawaii health systems corporation or any of its facilities;

(13) By the auditor;

(14) By the office of ombudsman;

(15) By the insurance division;

(16) By the University of Hawaii;

(17) By the Kahoolawe island reserve commission;

(18) By the division of consumer advocacy;

(19) By the office of elections;

(20) By the campaign spending commission;

(21) By the Hawaii tourism authority, as provided in section 201B-2.5; [or]

(22) By the board of education; or

[~~(22)~~] (23) By a department, in the event the attorney general, for reasons deemed by the attorney general good and sufficient, declines, to employ or retain an attorney for a department; provided that the governor thereupon waives the provision of this section."

SECTION 4. Section 28-8.3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(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, the department of commerce and consumer affairs in prosecution of consumer complaints, insurance division, the division of consumer advocacy, the University of Hawaii, the board of education, the Hawaii tourism authority as provided in section 201B-2.5, the Hawaiian home lands trust individual claims review panel, or as grand jury counsel, shall be a deputy attorney general."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that the amendments made in sections 4 and 5 of this Act shall not be affected by section 14 of Act 58, Session Laws of Hawaii 2004, as amended by section 50 of Act 22, Session Laws of Hawaii 2005, as amended by section 1 of Act 306, Session Laws of Hawaii 2006.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	87
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII