Bill Text: HI HB1073 | 2013 | Regular Session | Introduced
Bill Title: University of Hawaii; Board of Regents; General Counsel; Attorney General
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with Representative(s) Hanohano voting aye with reservations; none voting no (0) and Representative(s) Har, Tokioka excused (2). [HB1073 Detail]
Download: Hawaii-2013-HB1073-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1073 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the university of hawaii.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. On August 29, 2012, pursuant to senate rule 20, the senate president appointed a senate special committee on accountability to conduct informational briefings to review the oversight, accountability, and transparency of the operational and financial management of the University of Hawaii system, including but not limited to the University of Hawaii's athletic department.
The committee held informational briefings on September 24, 2012, and October 2, 2012.
During the informational briefings, the committee found, among other things, that the board of regents and the University of Hawaii system has spent large amounts of money to contract with independent attorneys rather than use the university general counsel or attorney general.
The purpose of this Act is to:
(1) Limit the number of attorneys the board of regents may appoint to serve as the university general counsel to one attorney;
(2) Allow the board of regents to contract with independent attorneys solely in cases where the university general counsel and attorney general lack sufficient expertise; and
(3) Require contracted attorneys to consult with and work in conjunction with the university general counsel.
SECTION 2. Section 304A-1005, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-1005[]] University
general counsel. (a) The board of regents may appoint [or retain by
contract] one [or more attorneys] attorney who [are] is
independent of the attorney general, to serve as the university general
counsel, and to provide legal services for the university, including:
(1) Representation of the university in civil actions to which the university is a party, either directly or through the acts or omissions of its officers or employees;
(2) Advice and assistance to ensure the lawful and efficient administration and operation of the university;
(3) Review and approval of documents relating to the acquisition of land or interest in land by the university; and
(4) Any other legal service specified by the board of regents.
The board of regents shall have direct oversight
over the university general counsel and shall not delegate this duty to the
university president. The university general counsel shall report directly to
the board of regents. The board of regents may fix the compensation of the
[attorneys] attorney appointed pursuant to this [section.
Attorneys] subsection. The attorney appointed [or retained by
contract] pursuant to this subsection shall be exempt from chapters
76 and 89.
(b) Nothing in this section precludes the board of regents from requesting and securing legal services from the department of the attorney general, for the university, the board of regents or its members, or the university's officers and employees, upon mutual agreement.
(c) The board of regents may retain by contract one or more attorneys who are independent from the university general counsel and attorney general to provide legal services for the university, the board of regents or its members, or the university's officers and employees, solely in cases in which the university general counsel and attorney general each acknowledge a lack of sufficient expertise; provided that the independent attorney shall consult with and work in conjunction with the attorney general. The board may fix the compensation of attorneys retained by contract pursuant to this subsection. Attorneys retained by contract pursuant to this subsection shall be exempt from chapters 76, 78, 88, and 89."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
University of Hawaii; Board of Regents; General Counsel; Attorney General
Description:
Amends section 304A-1005, HRS, to: (1) Limit the board of regents to appointing only one university general counsel; (2) Require the board of regents to have direct oversight over the university counsel and prohibit the board of regents from delegating this responsibility to the president of the university; (3) Require the university general counsel to report directly to the board of regents; and (4) Allow the board of regents to contract with independent attorneys solely in cases where the university general counsel and attorney general each acknowledge a lack of sufficient expertise. Requires contracted attorneys to consult with and work in conjunction with the attorney general.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
