THE SENATE	S.B. NO.	2995
THIRTY-SECOND LEGISLATURE, 2024
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 Hawaii's courts pro hac vice may be unaware that they owe the State general excise tax. Unlike the general excise tax in most states, Hawaii'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 Hawaii's courts will help inform the attorneys of their state tax obligations.

Accordingly, the purpose of this Act is to require attorneys applying for a pro hac vice appearance in the State's courts to provide:

(1) Evidence of the applicant's and local counsel's Hawaii business registrations;

(2) The applicant's and local counsel's Hawaii general excise tax license numbers;

(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 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 the applicant's and local counsel's Hawaii business registrations;

(2) The applicant's and local counsel's Hawaii general excise tax license numbers;

(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 of the State of Hawaii."

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 upon its approval.

INTRODUCED BY:

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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 the applicant's and local counsel's Hawaii business registrations, the applicant's and local counsel's Hawaii general excise tax license numbers, 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.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.