THE SENATE	S.B. NO.	2514
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ATTORNEYS.

 

 

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

 

     SECTION 1.  The legislature finds that out-of-state attorneys who practice in Hawaiʻi's courts pro hac vice may be unaware that they owe the State general excise tax.  Unlike the general excise tax in most states, Hawaiʻi's tax applies to both gross rental income and gross service income.  The legislature believes that amending the process by which out-of-state attorneys are admitted to practice law in Hawaiʻi's courts will help inform the attorneys of their state tax obligations.

     Accordingly, the purpose of this Act is to strengthen the State's tax laws by requiring attorneys who are applying for a pro hac vice appearance in the State's courts to provide:

     (1)  Evidence of local counsel's Hawaiʻi business registration;

     (2)  The applicant's Hawaiʻi general excise tax license number;

     (3)  An affirmation that both the applicant and local counsel will pay all state income tax due for Hawaiʻi business activities; and

     (4)  All other information or documentation required by the Rules of the Supreme Court of the State of Hawaii.

     SECTION 2.  Chapter 605, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§605-    Pro hac vice appearance of counsel for court proceedings and arbitration proceedings.  A petition or motion for a pro hac vice appearance for a court proceeding or arbitration proceeding shall be supported by:

     (1)  Evidence of local counsel's Hawaii business registration;

     (2)  The applicant's Hawaii general excise tax license number;

     (3)  An affirmation that both the applicant and local counsel will pay all state income tax due for Hawaii business activities; and

     (4)  All other information or documentation required by the rules of the supreme court."

     SECTION 3.  No later than       days after the effective date of this Act, the supreme court shall amend its rules for the pro hac vice appearance of counsel for court proceedings and arbitration proceedings in accordance with this Act.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on April 15, 2112.

 

 

 

Report Title:

GET; Supreme Court; Attorneys; Pro Hac Vice; Appearance

 

Description:

Requires petitions or motions for a pro hac vice appearance for a court proceeding or arbitration proceeding to be supported by evidence of local counsel's Hawaii business registration, the applicant's Hawaii general excise tax license number, an affirmation that both the applicant and local counsel will pay all state income tax due for Hawaii business activities, and all other information or documentation required by the Rules of the Supreme Court of the State of Hawaii.  Takes effect 4/15/2112.  (SD1)

 

 

 

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