THE SENATE	S.B. NO.	889
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO ATTORNEY'S FEES.

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

     SECTION 1.  The legislature finds that section 28-6, Hawaii Revised Statutes, has been improperly interpreted by some courts as a prohibition on an award of attorney's fees and litigation costs to the department of the attorney general.  The department of the attorney general should not be denied attorney's fees and litigation costs when it prevails in a court action.

     The purpose of this Act is to clarify that the law allows a court to award attorney's fees and litigation costs to the department of the attorney general when it prevails in a court action and the award of attorney's fees and litigation costs is authorized by statute, rule of court, agreement, stipulation, or precedent.

     SECTION 2.  Section 28-6, Hawaii Revised Statutes, is amended to read as follows:

     "§28-6  No fee; not to act as attorney.  The attorney general shall not personally receive any fee or reward from or [in] on behalf of any person or prosecutor, for services rendered in any prosecution or business to which it shall be the attorney general's official duty to attend; nor be concerned as counsel or attorney for either party in any civil action depending upon the same state of facts[.]; provided that the department of the attorney general may be awarded attorney's fees and litigation costs when the State is the prevailing party in a court action and the award of attorney's fees and litigation costs is authorized by statute, rule of court, agreement, stipulation, or precedent."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Attorney's Fees; Attorney General

Description:

Clarifies that the Department of the Attorney General is allowed to recover attorney's fees and litigation costs where the State is the prevailing party in a court action and such recovery is authorized by statute, rule of court, agreement, stipulation, or precedent.  (SB889 HD1)

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