SB2006

SECTION 1. The legislature finds that a growing number of public school systems nationwide have hired in-house legal counsel to address, monitor, and manage the vast amounts of legal work generated by the operation of public schools in their respective school districts. Most of the ten largest school districts in the United States have a legal department or office of general counsel to handle the legal affairs of schools.

Act 51, Session Laws of Hawaii 2004 (Act 51), known as the "Reinventing Education Act of 2004," implemented a comprehensive education reform of Hawaii's public schools upon a legislative finding in section 1 of the Act that stated in part:

The legislature finds that significant changes need to

be made to enhance Hawaii's public education system to ensure the success of that journey. Although the State's students, parents, teachers, school administrators, departmental staff, and other educational stakeholders strive to achieve excellence, their efforts will never be completely successful until various aspects of the system around them are improved.

The legislature has supported and will continue to support efforts by the department of education to improve Hawaii's schools as a means of enhancing the academic achievement, safety and well being, and civic commitment of students, to meet the evolving needs of today's communities.

The legislature further finds that the department of the attorney general currently is responsible for responding to requests for legal opinions from the department of education. However, the deputy attorneys general are not available on a full-time, day-to-day basis to advise the department of education as legal matters arise in the course of conducting the multiplicity and complexity of educational reform operations required by Act 51. Prudence would dictate that full-time legal representation should be available on a continuing daily basis in order to identify and resolve legal issues before litigation arises. Act 51 is landmark and complex legislation that requires such full-time legal representation for the department of education.

The purpose of this Act is to allow the department of education to hire in-house attorneys independent of the department of the attorney general.

SECTION 2. 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 its regional system boards, or any of their 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 department of education to the extent provided in section 302A-1114; 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 3. Section 302A-1114, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1114 Power of appointment, removal[.]; hiring of attorneys. (a) The department, from time to time, may appoint and remove such teachers, educational officers, and other personnel as may be necessary for carrying out the purposes of sections 302A-201, 302A-301, 302A-401 to 302A-410, 302A-601, 302A-1001 to 302A-1004, 302A-1101 to 302A-1122, 302A-1301 to 302A-1305, 302A-1401 to 302A-1403, and 302A-1501 to 302A-1506, and regulate their duties, powers, and responsibilities, when not otherwise provided by law.

(b) The department may hire as necessary, without regard to chapters 76 and 89, and may remove without cause, one or more full-time attorneys licensed in Hawaii, to provide legal advice and draft documents for the department or the board independent of the department of the attorney general; provided that the attorney general shall represent the department in litigation, and provide legal advice and draft documents upon request of the department; and provided further that the department shall fix an appropriate and reasonable compensation for the attorney hired that reflects the experience of the attorney."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2006
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII