Bill Text: HI HB2178 | 2016 | Regular Session | Amended
Bill Title: Department of Hawaiian Home Lands; Independent Counsel
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Introduced - Dead) 2016-02-09 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Tupola excused (1). [HB2178 Detail]
Download: Hawaii-2016-HB2178-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2178 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INDEPENDENT LEGAL COUNSEL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In the case Nelson v. Hawaiian Homes Commission, Civil No. 07-1-1663-08(JHC), Hawaii's first circuit court held that the department of Hawaiian home lands has a trust duty to its beneficiaries to take all reasonably necessary steps, including filing a lawsuit against the State, to ensure that the State fulfills its constitutional obligation to provide sufficient funding to the department. The court found that the department of Hawaiian home lands had breached that duty in the past, ordered the department to prospectively fulfill its trust responsibilities, and enjoined the department from violating these obligations. Additionally, the court held that the department of Hawaiian home lands' "duty of loyalty is to the beneficiaries of the Hawaiian home lands trust – not the governor or the department of budget and finance."
The legislature finds that, to fulfil its trust duty to beneficiaries of the Hawaiian home lands trust and to comply with the circuit court's order, the department of Hawaiian home lands must have the authority to hire and retain legal counsel for the purpose of representing the department in litigation, rendering legal counsel, and drafting legal documents. The legislature further finds that, since the interests of the department in fulfilling its trust obligations may at times be at odds with the interests of the State, any legal counsel retained by the department must necessarily be independent of the department of the attorney general.
SECTION 2. 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) 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;
(8) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485A;
(9) As grand jury counsel;
(10) By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;
(11) By the auditor;
(12) By the office of ombudsman;
(13) By the insurance division;
(14) By the University of Hawaii;
(15) By the Kahoolawe island reserve commission;
(16) By the division of consumer advocacy;
(17) By the office of elections;
(18) By the campaign spending commission;
(19) By the Hawaii tourism authority, as provided in section 201B-2.5;
(20) By the division of financial institutions for any action involving the mortgage loan recovery fund;
(21) By the office of information practices; [or]
(22) By the department of Hawaiian home lands; or
[(22)] (23) By a department, 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
affairs, the Hawaii health systems corporation or its regional 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 office of information practices, the department of Hawaiian
home lands, or as grand jury counsel, shall be a deputy attorney general."
SECTION 3. Statutory material to be repealed is bracketed and stricken.
New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Department of Hawaiian Home Lands; Independent Counsel
Description:
Authorizes the Department of Hawaiian Home Lands to employ and retain independent counsel. (HB2178 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
