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HI HB2443

Bill

Status

Introduced

1/25/2012

Primary Sponsor

Calvin Say

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Amends Hawaii Revised Statutes section 28-6 to clarify that the attorney general may be awarded attorney's fees and litigation costs when the state prevails in court actions.

  • Adds language specifying that the prohibition on the attorney general receiving fees applies only to personally receiving fees, not to fees awarded to the department.

  • Explicitly states that section 28-6 does not prohibit awards of attorney's fees and litigation costs when authorized by statute, court rule, agreement, stipulation, or precedent.

  • Addresses prior court misinterpretations of section 28-6 that wrongly prevented the department of the attorney general from recovering attorney's fees as the prevailing party.

  • Takes effect upon approval.

Legislative Description

Attorney's Fees

Last Action

(H) The committee(s) on JUD recommend(s) that the measure be deferred.

2/13/2012

Committee Referrals

Judiciary1/25/2012

Full Bill Text

No bill text available