RELATING TO THE EMPLOYMENT OF ATTORNEYS BY PUBLIC CHARTER SCHOOLS.

HB154

HOUSE OF REPRESENTATIVES

H.B. NO.

154

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the employment of attorneys by public charter schools
.

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

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SECTION 1.
�
The purpose of this Act is to empower public
charter schools and their governing boards to address certain legal matters
effectively and equitably by allowing the public charter schools and their
governing boards to retain independent legal counsel for certain actions
involving their charter.

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SECTION
2
.
�
Section 28-8.3, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

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"
(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:

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

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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;

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(3)
�
By the legislative reference bureau;

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

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

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

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(7)
�
By the office of Hawaiian affairs;

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

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(9)
�
As grand jury counsel;

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(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)
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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;

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(17)
�
By the office of elections;

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(18)
�
By the campaign spending commission;

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

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(20)
�
By the division of financial institutions;

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(21)
�
By the office of information practices;

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(22)
�
By the school facilities authority;

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

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(24)
�
By public charter schools, as defined in
section 302D‑1; or

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[
(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."

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

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

INTRODUCED BY:

_____________________________

Report Title:

Public
Charter Schools; Employment of Attorneys

Description:

Provides
an exemption for public charter schools and their respective governing boards
from the statutory prohibition on retaining independent legal counsel.

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