STAND. COM. REP. NO.  389-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 3422

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 3422 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 improve civil legal services to indigents by increasing the revenues that help fund such programs.  This bill increases the surcharges on initial court filing fees in civil actions from:

     (1)  $25 to $50 in the circuit courts; and

     (2)  $10 to $25 in the district courts.

Moneys collected from the surcharges are deposited into the Indigent Legal Assistance Fund and distributed to qualified organizations or programs that provide civil legal services to indigents.

This bill also expands eligibility for legal services by increasing the income qualifications of an indigent person from 125 percent to 250 percent of the official poverty line established by the United States Secretary of Health and Human Services.

     Hawaii Disability Rights Center, Hawaii Justice Foundation, Na Loio – Immigrant Rights and Public Interest Legal Center, Domestic Violence Action Center, Native Hawaiian Legal Corporation, and Legal Aid Society of Hawaii testified in support of this bill.  An individual offered comments.

     Your Committee has amended this bill by:

     (1)  Inserting a savings clause; 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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3422, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 3422, H.D. 1, and be referred to the Committee on Finance.

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

____________________________

TOMMY WATERS, Chair