HB 1239: RELATING TO INDEPENDENT LEGAL COUNSEL.

A BILL FOR AN ACT

RELATING TO INDEPENDENT LEGAL COUNSEL.

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

     SECTION 1.  The legislature finds that Congress, through the Hawaiian Homes Commission Act of 1920, as amended (Hawaiian Homes Commission Act), set aside lands to be used for the benefit of native Hawaiians.  As required by the Admission Act and as a compact with the United States, the State of Hawaii and the people of Hawaii adopted the Hawaiian Homes Commission Act as a provision of the Hawaii State Constitution, and agreed to faithfully carry out the spirit of the Hawaiian Homes Commission Act for the rehabilitation of the Hawaiian race.  These trust responsibilities remain to this day.

     The legislature further finds that given this unique and significant history, the Hawaiian homes commission should be allowed to retain independent legal counsel, while also utilizing the services of the attorney general as needed.

     The purpose of this Act is to authorize the Hawaiian homes commission to retain independent legal counsel, with any legal fees owed to be paid by the State, and also utilize the services of the attorney general as needed.

     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] shall 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] this subsection 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 further 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] the representation on the grounds of conflict of interest, the attorney general shall retain an attorney for the court, judicial[,] office, or legislative office, subject to approval by the court, judicial[,] office, 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] 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;

    (21)  By the office of information practices;

    (22)  By the school facilities authority;

    (23)  By the Mauna Kea stewardship and oversight authority; [or]

    (24)  By the Hawaiian homes commission; provided that:

          (A)  The Hawaiian homes commission may use the services of the attorney general as needed; and

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

   [(24)] (25)  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 further 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, the insurance division, the division of consumer advocacy, the [University] university of Hawaii, the Hawaii tourism authority as provided in section 201B-2.5, the Mauna Kea stewardship and oversight authority, the office of information practices, the Hawaiian homes commission, 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, 3000.

Report Title:

Hawaiian Homes Commission; Independent Legal Counsel; Attorney General

Description:

Authorizes the Hawaiian Homes Commission to retain independent legal counsel, with any legal fees owed to be paid by the State, and also use the services of the Attorney General as needed.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to independent legal counsel.

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

     SECTION 1.  The legislature finds that Congress, through the Hawaiian Homes Commission Act of 1920, as amended (Hawaiian Homes Commission Act), set aside lands to be used for the benefit of native Hawaiians.  As required by the Admission Act and as a compact with the United States, the State of Hawaii and the people of Hawaii adopted the Hawaiian Homes Commission Act as a provision of the Hawaii State Constitution, and agreed to faithfully carry out the spirit of the Hawaiian Homes Commission Act for the rehabilitation of the Hawaiian race.  These trust responsibilities remain to this day.

     The legislature further finds that given this unique and significant history, the Hawaiian homes commission should be allowed to retain independent legal counsel, while also utilize the services of the attorney general as needed.

     The purpose of this Act is to authorize the Hawaiian homes commission to retain independent legal counsel, with any legal fees owed to be paid by the State, and also utilize the services of the attorney general as needed.

     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] 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;

    (21)  By the office of information practices;

    (22)  By the school facilities authority;

    (23)  By the Mauna Kea stewardship and oversight authority; [or]

    (24)  By the Hawaiian homes commission; provided that:

          (A)  The Hawaiian homes commission may use the services of the attorney general as needed; and

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

   [(24)] (25)  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 Mauna Kea stewardship and oversight authority, the office of information practices, the Hawaiian homes commission, 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 upon its approval.

Report Title:

Hawaiian Homes Commission; Independent Legal Counsel; Attorney General

Description:

Authorizes the Hawaiian Homes Commission to retain independent legal counsel, with any legal fees owed to be paid by the State, and also use the services of the Attorney General as needed.

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

STAND. COM. REP. NO.  284

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1239

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1239 entitled:

"A BILL FOR AN ACT RELATING TO INDEPENDENT LEGAL COUNSEL,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow the Department of Hawaiian Home Lands to retain independent legal counsel as needed;

     (2)  Authorize the Department of Hawaiian Home Lands to use the services of the Attorney General as needed; and

     (3)  Provide that funds owed to independent legal counsel shall be paid by the State.

     Your Committee received testimony in support of this measure from the Department of Hawaiian Home Lands and one individual.  Your Committee received testimony in opposition to this measure from the Department of the Attorney General.

     Your Committee finds that there are circumstances where the interests of the State and Department of Hawaiian Home Lands may be adversarial and that it is vital and necessary for the Hawaiian Homes Commission to carry out its fiduciary duties to be able to retain independent counsel.  This measure would further provide the Department of Hawaiian Home Lands with the assurance that its counsel is providing legal advice in the sole interest of the Department.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider the concerns raised by the Department of the Attorney General in its written testimony submitted to your Committee, stating that an appropriation is necessary if the intent is to pay for attorneys from sources other than the Department of Hawaiian Home Lands' trust funds.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1239, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1239, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,