REPORT TITLE:
Relating to Attorneys' Fees


DESCRIPTION:
Establishes and clarifies the sovereign immunity of the State
with regard to claims for attorneys' fees against the State.
(HB995 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        995
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ATTORNEYS' FEES.



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

 1      SECTION 1.  Chapter 607, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "607-    No attorneys' fees to be claimed from or paid by
 
 5 the State.  Notwithstanding any law by which the State waives its
 
 6 sovereign immunity from suit or any law that permits litigants
 
 7 generally to recover attorneys' fees from another litigant, no
 
 8 claim for attorneys' fees shall be made against, nor shall any
 
 9 attorneys' fees be taxed against nor required to be paid by the
 
10 State, or any board, or commission thereof, or any officer,
 
11 acting in the officer's official capacity on behalf of the State,
 
12 or any board, or commission thereof, unless:
 
13      (1)  A statute expressly allows a claim for attorneys' fees
 
14           to be made against the State, or any board, or
 
15           commission thereof or any officer, acting in the
 
16           officer's official capacity on behalf of the State, or
 
17           any board, or commission thereof; or
 
18      (2)  A statute expressly requires the State, or any board,
 
19           or commission thereof, or any officer, acting in the
 

 
Page 2                                                     995
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           officer's official capacity on behalf of the State, or
 
 2           any board, or commission thereof, to pay attorneys'
 
 3           fees to another litigant."
 
 4      SECTION 2.  New statutory material is underscored.
 
 5      SECTION 3.  This Act shall take effect upon its approval.