SENATE FLOOR AMENDMENT


FLOOR AMENDMENT NO. 1          DATE:  March 9, 1999

TO:  S.B. 1586, S.D. 1


     Senate Bill No. 1586, S.D. 1, is amended as follows:

     1.  By adding a new Section 2 to read as follows:

     "SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated
and to read as follows:

     "302A-    Department of education attorneys.  The board of
education may appoint or retain by contract one or more attorneys
who are independent of the attorney general, to provide legal
services to the department of education for issues involving
children with disabilities, including advice and assistance to
ensure the lawful and efficient administration and operation of
the department of education in the area of children with
disabilities.  The board of education may fix the compensation of
the attorneys appointed pursuant to this section.  Attorneys
appointed or retained by contract shall be exempted from chapters
76, 77, and 89.""

     2.  By adding a new Section 3 to read as follows:

     "SECTION 3.  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;

     (3)  By the legislative reference bureau;
 
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     (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 trustees for any action involving the travel
          agency recovery fund;

     (8)  By the office of Hawaiian affairs;

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

    (10)  As grand jury counsel;

    (11)  By the Hawaiian home lands trust individual claims
          review panel;

    (12)  By the Hawaii health systems corporation or any of its
          facilities;

    (13)  By the auditor;

    (14)  By the office of ombudsman;

    (15)  By the insurance division;

    (16)  By the University of Hawaii; [or]

    (17)  By the board of education; or

   [(17)] (18)  By a department, in the event the attorney
          general, for reasons deemed by the attorney general
          good and sufficient, declines, to employ or retain an
          attorney for a department; provided that the governor
          thereupon 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, the department of commerce and
consumer affairs in prosecution of consumer complaints, insurance
division, the University of Hawaii, the board of education, the
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Hawaiian home lands trust individual claims review panel, or as
grand jury counsel, shall be a deputy attorney general.""

     3.  By redesignating Sections 2, 3, 4, and 5 as sections 4,
5, 6, and 7.



Offered by:_____________________       (    ) Carried

                                       (    ) Failed to Carry

                                       (    ) Withdrawn