SB98 HD1

Report Title:

Legal Services for the Indigent; Sunset Repeal; Amendments

 

Description:

Repeals sunset date of June 30, 2002 in legal service for the indigent act; adds "pro bono" to "civil legal services" definition; repeals requirement that unexpended funds revert to general fund. (SB98 HD1)

 

THE SENATE	S.B. NO.	98
TWENTY-FIRST LEGISLATURE, 2001		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to legal services for the indigent.

 

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

SECTION 1. Act 305, Session Laws of Hawaii 1996, as amended by Act 121, Session Laws of Hawaii 1998, is amended by amending section 2, subsection (c) of section 607- , Hawaii Revised Statutes, to read as follows:

"(c) There is established a special fund to be known as the indigent legal assistance fund. The funds raised under subsections (a) and (b) shall be transmitted to the administrative director of the courts and deposited in the indigent legal assistance fund. [All unobligated or unexpended funds as of June 30, 2002, shall revert to the general fund. Upon final disbursement of the remaining balances to the general fund on June 30, 2002, the indigent legal assistance fund shall be terminated.]"

SECTION 2. Act 305, Session Laws of Hawaii 1996, as amended by Act 121, Session Laws of Hawaii 1998, is amended by amending the definition of "civil legal services" in section 2, subsection (h) of section 607- , Hawaii Revised Statutes, to read as follows:

""Civil legal services" means direct legal services provided by attorneys or by attorney-supervised staff to clients in civil matters, including pro bono, judicial, and administrative advocacy [related] relating to the civil legal problems of indigents."

SECTION 3. Act 305, Session Laws of Hawaii 1996, as amended by Act 121, Session Laws of Hawaii 1998, is amended by amending section 3 to read as follows:

"SECTION 3. The commission on access to justice shall [annually] review on a biennial basis the filing fee surcharge program created by [this] Act 305, Session Laws of Hawaii 1996, to determine whether it is meeting the civil legal needs of indigent persons and shall present its findings and recommendations to the legislature no later than January 1 of [each] that year."

SECTION 4. Act 305, Session Laws of Hawaii 1996, as amended by Act 121, Session Laws of Hawaii 1998, is amended by amending section 6 to read as follows:

"SECTION 6. This Act shall take effect on July 1, 1996[, and shall be repealed on June 30, 2002]."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.