Bill Text: HI SB128 | 2019 | Regular Session | Amended
Bill Title: Relating To Legal Representation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB128 Detail]
Download: Hawaii-2019-SB128-Amended.html
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THE SENATE |
S.B. NO. |
128 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LEGAL REPRESENTATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 28-8.3, Hawaii Revised Statutes, is amended to read as follows:
"§28-8.3 Employment of attorneys. (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; provided that if the attorney general is requested to
provide representation to a court or judicial office by the chief justice or
the chief justice's designee[, or to a legislative office by the speaker of
the house of representatives and the president of the senate jointly,] and
the attorney general declines to provide such representation on the grounds of
conflict of interest, the attorney general shall retain an attorney for the
court[,] or judicial[, or legislative] office, subject to
approval by the court[,] or judicial[, or legislative]
office;
(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 office of Hawaiian affairs;
(8) By the department of commerce and consumer
affairs for the enforcement of violations of chapters 480 and 485A;
(9) As grand jury counsel;
(10) By the Hawaii health systems corporation, or
its regional system boards, or any of their facilities;
(11) By the auditor;
(12) By the office of ombudsman;
(13) By the insurance division;
(14) By the University of Hawaii;
(15) By the Kahoolawe island reserve commission;
(16) By the division of consumer advocacy;
(17) By the office of elections;
(18) By the campaign spending commission;
(19) By the Hawaii tourism authority, as provided
in section 201B-2.5;
(20) By the division of financial institutions;
(21) By the office of information practices; or
(22) By a department, if the attorney general, for reasons deemed by the attorney general to be good and sufficient, declines to employ or retain an attorney for a department; provided that the governor waives the provision of this section.
(b) For purposes of this section, the term
"department" includes any department, board, commission, agency,
bureau, or officer of the State[.]; provided that the term
"department" shall not include a member or group of members of the
legislature.
(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 or its regional system boards, the department of commerce and consumer affairs in prosecution of consumer complaints, insurance division, the division of consumer advocacy, the University of Hawaii, the Hawaii tourism authority as provided in section 201B-2.5, the office of information practices, or as grand jury counsel, shall be a deputy attorney general.
(d) All attorneys retained by contract, whether by the attorney general or a department, shall be retained in accordance with chapter 103D.
(e) For purposes of representation of:
(1) The legislature as a whole;
(2) A house of the legislature; or
(3) A member or group of members of the
legislature;
the attorney general shall provide representation; provided that the legislature, a house of the legislature, or a member or group of members may decline representation. Nothing in this section shall be construed to limit or otherwise interfere with the right of the legislature, a house of the legislature, or a member or group of members of the legislature, when acting in the course and scope of employment, to retain an attorney. If a member or group of members of the legislature is subject to suit arising from acts or omissions made in the course and scope of employment, the house to which the member or members belongs shall provide, at that house's cost, legal representation to the member or members; provided that any member may decline representation by the house. Each house of the legislature shall establish rules for the purposes of implementing this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Attorney General; Legislature
Description:
Clarifies that the attorney general shall represent the legislature, house of legislature, and individual legislators acting in the course and scope of employment unless the legislature, house of the legislature, or individual legislators decline representation. Requires the respective house to provide, at their own cost, legal representation for any member who is subject to suit arising from acts or omissions made in the course and scope of employment if the member declines representation by the attorney general, unless the member also declines representation from the house to which the legislator is a member. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
