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RELATING TO HAWAIIAN HOMES.

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

SECTION 1. Act 92, Session Laws of Hawaii 2015, is amended by amending section 3 to read as follows:

“SECTION 3. Section 28-8.3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

“(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)

S.B.

NO.297V

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( 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, judicial, or

legislative office, subject to approval by the court,

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;

(3)

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

the enforcement of violations

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chapters 480 and 485A;

(9) As grand jury counsel;

. .

. .

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-1 (10) By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;

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(11) By the auditor;

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(12) By the office of ombudsman;

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(13) By the insurance division;

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(14) By the University of Hawaii;

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(15) By the Kahoolawe island reserve commission;

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(16) By the division of consumer advocacy;

1-1 (17) By the office of elections;

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(18) By the campaign spending commission;

[fze41 (19) By the Hawaii tourism authority, as provided in

section 201B-2.5;

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(20) By the division of financial institutions for

any action involving the mortgage loan recovery fund;

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2016-0798 SB SMA.doc

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S.B.

NO.2979

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(21) By the office of information practices;

( 2 2 ) By the Hawaiian homes commission or the department of

Hawaiian home lands; provided that:

- ( A ) The Hawaiian homes commission and the department

of Hawaiian home lands may use the services of

the attorney general as needed and when the

interests of the State, the Hawaiian homes

commission, and the department of Hawaiian home

lands are aligned; and

- (B) Legal fees owed to independent counsel shall be paid by the State; or

[-(-??+I

(23) By a department, [ir: t h c C - ~ ~ C & Z

I

- 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."

2. By amending subsection (c) to read:

"(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

2016-0798 SB SMA.dOC

111

I111 111 11.11 11111 I1111

1111'1111

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2 3 4 5 6 7 8 9 10 11 12 13

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

. .

. .

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office of information practices, Hawaiian homes commission, or

department of Hawaiian home lands, or as grand jury counsel,

shall be a deputy attorney general.''

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on June 30, 2016.

INTRODUCED BY:

(6)

S.B. NO.

299q

Report Title:

Hawaiian Homes Commission; Department of Hawaiian Home Lands; Legal Counsel

Description :

Allows the Hawaiian homes commission or the department of Hawaiian home lands to retain independent legal counsel as needed. Authorizes the Hawaiian homes commission and the department of Hawaiian home lands to use the services of the attorney general as needed and when the interests of the State, Hawaiian homes commission, and department of Hawaiian home lands are aligned. Provides that funds paid to independent legal

counsel shall be paid by the State. Effective June 30, 2016.

References

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