RELATING TO INDEPENDENT LEGAL COUNSEL.

HB1239

HOUSE OF REPRESENTATIVES

H.B. NO.

1239

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to independent legal counsel
.

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

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SECTION
1.
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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.
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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.
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These trust
responsibilities remain to this day.

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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.

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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.

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SECTION
2
.
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Section 28-8.3, Hawaii Revised Statutes, is
amended as follows:

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1. By
amending subsection (a) to read:

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"
(a)
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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:

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(1)
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By the public utilities commission, the labor
and industrial relations appeals board, and the Hawaii labor relations board;

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(2)
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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;

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(3)
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By the legislative reference bureau;

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(4)
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By any compilation commission that may be
constituted from time to time;

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(5)
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By the real estate commission for any action
involving the real estate recovery fund;

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(6)
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By the contractors license board for any
action involving the contractors recovery fund;

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(7)
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By the office of Hawaiian affairs;

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(8)
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By the department of commerce and consumer
affairs for the enforcement of violations of chapters 480 and 485A;

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(9)
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As grand jury counsel;

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

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(11)
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By the auditor;

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(12)
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By the office of ombudsman;

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(13)
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By the insurance division;

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(14)
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By the [
University
]
university

of Hawaii;

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(15)
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By the Kahoolawe island reserve commission;

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(16)
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By the division of consumer advocacy;

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(17)
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By the office of elections;

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(18)
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By the campaign spending commission;

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(19)
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By the Hawaii tourism authority, as provided
in section 201B-2.5;

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(20)
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By the division of financial institutions;

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(21)
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By the office of information practices;

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(22)
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By the school facilities authority;

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

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

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

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

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[
(24)
]

(25)
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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."

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2. By
amending subsection (c) to read:

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"
(c)
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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."

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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

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.