REPORT TITLE:



DESCRIPTION:


 
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                                                        1181
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LEGAL REPRESENTATION FOR THE UNIVERSITY OF HAWAII.



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

 1      SECTION 1.  Section 304-4.3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "304-4.3  University attorneys.  (a)  The board of regents
 
 4 may appoint or retain by contract one or more attorneys who are
 
 5 independent of the attorney general, to provide legal services
 
 6 for the university, including:
 
 7      (1)  Representation for the university in civil actions to
 
 8           which the university is a party, either directly or
 
 9           through the acts or omissions of its officers or
 
10           employees;
 
11      (2)  Advice and assistance to ensure the lawful and
 
12           efficient administration and operation of the
 
13           university;
 
14      (3)  Review and approval of documents relating to the
 
15           acquisition of land or interest in land by the
 
16           university; and
 
17      (4)  Other legal service specified by the board of regents.
 
18 The board of regents may fix the compensation of the attorneys
 
19 appointed pursuant to this section.  Attorneys appointed or
 

 
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 1 retained by contract shall be exempt from chapters 76, 77, and
 
 2 89.
 
 3      (b)  Nothing in this section precludes the board of regents
 
 4 from requesting and securing legal services from the attorney
 
 5 general and the department of the attorney general, for the
 
 6 university, for the board of regents or its members, or for the
 
 7 university's officers and employees, in the same manner and to
 
 8 the same extent that legal services are available and rendered
 
 9 for any other agency, officer, or employee of the State."
 
10      SECTION 2.  Section 304-6, Hawaii Revised Statutes, is
 
11 amended by amending subsection (b) to read as follows:
 
12      "(b)  The [university shall be represented by attorneys
 
13 appointed or hired by the board of regents pursuant to section
 
14 304-4.3, and the] board of regents, upon the advice of its
 
15 [attorneys,] attorney, may arbitrate, compromise, or settle any
 
16 claim, action, or suit brought against the university pursuant to
 
17 this section.  Any claim compromised or settled under this
 
18 subsection shall be payable solely from the moneys and property
 
19 of the university and shall not constitute a general obligation
 
20 of the State, or be secured directly or indirectly by the full
 
21 faith and credit of the State or the general credit of the State,
 
22 or by any revenue or taxes of the State."
 
23      SECTION 3.  Statutory material to be repealed is bracketed.
 

 
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 1 New statutory material is underscored.
 
 2      SECTION 4.  This Act shall take effect upon its approval. 
 
 3 
 
 4                           INTRODUCED BY:  _______________________
 

 
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