REPORT TITLE:
BOE attorneys


DESCRIPTION:
Allows the Board of Education to employ and retain its own
attorneys.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           369
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE BOARD OF EDUCATION.
 


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

 1      SECTION 1.  The legislature finds that the legal interests
 
 2 of the board of education, as a semi-autonomous elected body, are
 
 3 not always represented to its satisfaction by the department of
 
 4 the attorney general.  Often conflicting and untimely legal
 
 5 opinions are provided.  Moreover, in a number of cases, the board
 
 6 has been prevented from assuming more aggressive legal positions
 
 7 than that undertaken by the department of the attorney general. 
 
 8      The purpose of this Act is to allow the board of education
 
 9 to employ and retain its own attorneys to ensure that it receives
 
10 effective and zealous legal representation.
 
11      SECTION 2.  Section 28-8.3, Hawaii Revised Statutes, is
 
12 amended as follows:
 
13      1.  By amending subsection (a) to read:
 
14      "(a)  No department of the State other than the attorney
 
15 general may employ or retain any attorney, by contract or
 
16 otherwise, for the purpose of representing the State or the
 
17 department in any litigation, rendering legal counsel to the
 
18 department, or drafting legal documents for the department;
 
19 provided that the foregoing provision shall not apply to the
 

 
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 1 employment or retention of attorneys:
 
 2      (1)  By the public utilities commission, the labor and
 
 3           industrial relations appeals board, and the Hawaii
 
 4           labor relations board;
 
 5      (2)  By any court or judicial or legislative office of the
 
 6           State;
 
 7      (3)  By the legislative reference bureau;
 
 8      (4)  By any compilation commission that may be constituted
 
 9           from time to time;
 
10      (5)  By the real estate commission for any action involving
 
11           the real estate recovery fund;
 
12      (6)  By the contractors license board for any action
 
13           involving the contractors recovery fund;
 
14      (7)  By the trustees for any action involving the travel
 
15           agency recovery fund;
 
16      (8)  By the office of Hawaiian affairs;
 
17      (9)  By the department of commerce and consumer affairs for
 
18           the enforcement of violations of chapters 480 and 485;
 
19     (10)  As grand jury counsel;
 
20     (11)  By the Hawaiian home lands trust individual claims
 
21           review panel;
 
22     (12)  By the Hawaii health systems corporation or any of its
 
23           facilities;
 

 
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 1     (13)  By the auditor;
 
 2     (14)  By the office of ombudsman;
 
 3     (15)  By the insurance division;
 
 4     (16)  By the University of Hawaii; [or]
 
 5     (17)  By the board of education; or
 
 6    [(17)] (18)  By a department, in the event the attorney
 
 7           general, for reasons deemed by the attorney general
 
 8           good and sufficient, declines, to employ or retain an
 
 9           attorney for a department; provided that the governor
 
10           thereupon waives the provision of this section."
 
11      2.  By amending subsection (c) to read:
 
12      "(c)  Every attorney employed by any department on a full-
 
13 time basis, except an attorney employed by the public utilities
 
14 commission, the labor and industrial relations appeals board, the
 
15 Hawaii labor relations board, the office of Hawaiian affairs, the
 
16 Hawaii health systems corporation, the department of commerce and
 
17 consumer affairs in prosecution of consumer complaints, insurance
 
18 division, the University of Hawaii, the board of education, the
 
19 Hawaiian home lands trust individual claims review panel, or as
 
20 grand jury counsel, shall be a deputy attorney general."
 
21      SECTION 3.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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                                     S.B. NO.           369
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:_________________________