STAND. COM. REP. NO.  811

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 625

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Finance, to which was referred H.B. No. 625 entitled:

 

"A BILL FOR AN ACT RELATING TO SURCHARGE FOR INDIGENT LEGAL SERVICES,"

 

begs leave to report as follows:

 

     The purpose of this bill is to expand access to the justice system by providing more adequate funding for legal services to indigent persons by:

 

     (1)  Increasing from $10 to $35 the surcharge imposed on civil actions in the district court for which an initial filing fee is required to be paid;

 

     (2)  Increasing from $25 to $65 the surcharge imposed on civil actions in the circuit court for which an initial filing fee is required to be paid;

 

     (3)  Increasing from $25 to $65 the surcharge imposed on civil actions in the courts of appeal for which an initial filing fee is required to be paid; and

 

     (4)  Adjusting the distribution formula of the funds for legal-services organizations for the indigent by:

 

          (A)  Allocating 70 percent of all funds to be distributed on a pro rate basis to qualifying organizations; and

 

          (B)  Distributing equally the remaining 30 percent of the funds to qualifying organizations whose total budget in the prior year for civil legal services to indigent persons exceeded $100,000.

 

     The Access to Justice Commission, Volunteer Legal Services Hawaii, Hawaii Disability Rights Center, Hawaii Justice Foundation, Hawaii Immigrant Justice Center, Domestic Violence Action Center, American Civil Liberties Union of Hawaii, Mediation Center of the Pacific, and several concerned individuals testified in support of this bill.  The Collection Agency of Hawaii, Inc., Pacific Collections, and several concerned individuals opposed this measure.  The Collection Law Section of the Hawaii State Bar Association, Legal Aid Society of Hawaii, Credit Associates of Maui, Ltd., and a concerned individual offered comments.

 

     Your Committee has amended this bill by:

 

     (1)  Changing its effective date to July 1, 2020, to encourage further discussion; and

 

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 625, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 625, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Finance,

 

 

 

 

____________________________

MARCUS R. OSHIRO, Chair