THE SENATE

S.B. NO.

813

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COURT INTERPRETERS.

 

 

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

 

     SECTION 1.  The legislature finds that court interpreters are independent contractors of the judiciary who play an integral role in the administration of justice in the State.  Hawaii has one of the largest populations of non-English speakers in the nation.  The legislature further finds that court interpreters are often required to drive, sometimes for hours, to distant courthouses to provide interpretation services that are critical for a defendant with limited English proficiency to exercise the defendant's constitutional and statutory right to represent themselves in court or assist counsel.

     The legislature finds however, that despite the substantial increase in the cost of living in Hawaii over the years, including considerable increases in the prices of automobiles and gasoline, the compensation for court interpreters has remained largely unchanged since it was established in 2007.  The legislature therefore finds that an increase in the fees and rates for court interpreters is overdue.

     Accordingly, the purpose of this Act is to require the judiciary to:

     (1)  Conduct a study of interpreter fees and submit its findings and recommendations to the chief justice beginning in 2026 and every three years thereafter; and

     (2)  Increase the hourly fees, mileage reimbursement rate, and commuter-time compensation rate for court interpreters to reflect the significant increase in the cost of living in Hawaii.

     SECTION 2.  Chapter 606, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§606-     Study for annual adjustments of fees for interpreters.  Beginning in 2026 and every three years thereafter, the judiciary shall conduct a study of interpreter fees, including the impact of changes to the State's consumer price index and recommendations on adjustments to the fee rates, and submit its findings and recommendations to the chief justice for consideration."

     SECTION 3.  The judiciary shall amend its rules and policies governing compensation for court interpreters by:

     (1)  Increasing the hourly fees for court interpreters as follows:

          (A)  Tier 1 court interpreters from $25 to $40;

          (B)  Tier 2 court interpreters from $35 to $50;

          (C)  Tier 3 court interpreters from $40 to $60;

          (D)  Tier 4 court interpreters from $45 to $70;

          (E)  Tier 5 court interpreters from $50 to $80; and

          (F)  Tier 6 court interpreters from $55 to $90;

          provided that the hourly fees set forth in this paragraph shall be amended on July 1 of each year to reflect the increase in the State's consumer price index, as measured by the Honolulu consumer price index for the preceding year;

     (2)  Adjusting its mileage reimbursement rate based on the Internal Revenue Service standard mileage rate on January 1 of each year; and

     (3)  Amending its commuter-time compensation rate for court interpreters who travel one hundred fifty miles or more for one assignment to receive three-hours of their hourly fees as commuter-time compensation for the assignment.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to fund the increase in the hourly fees, mileage reimbursement rate, and commuter-time compensation rate for court interpreters pursuant to this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 5.  This Act shall take effect on July 1, 2050.

 

Report Title:

Court Interpreters; Study; Hourly Fees; Mileage Reimbursement Rate; Commuter Compensation Rate; Judiciary; Appropriation

 

Description:

Beginning in 2026 and every three years thereafter, requires the judiciary to conduct a study on interpreter fees.  Requires the judiciary to increase the hourly fees, mileage reimbursement rate, and commuter-time compensation rate for court interpreters.  Appropriates funds.  Effective 7/1/2050.  (HD1)

 

 

 

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