STAND. COM. REP. NO. 2416

Honolulu, Hawaii

RE:    S.B. No. 2819

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2819 entitled:

"A BILL FOR AN ACT MAKING AN APPROPRIATION FOR CIVIL LEGAL SERVICES,"

begs leave to report as follows:

     The purpose of this measure is to make an appropriation for civil legal service organizations that provide free or low-cost direct legal services to indigent and low-income residents.

     Specifically, this measure appropriates moneys for the provision of free or low-cost civil legal services to indigent and low-income Hawaii residents by the following:  Catholic Charities, Domestic Violence Clearinghouse and Legal Hotline, Hawaii Family Law Clinic, Legal Aid Society of Hawaii, Na Loio Immigrant Rights and Public Interest Legal Center, and Volunteer Legal Services of Hawaii.  The measure appropriates an unspecified amount of moneys to be expended by the Judiciary.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs.  The Judiciary supported the intent of the measure, but noted concerns.

     Your Committee finds that providing free and low-cost civil legal services to indigent and low-income residents is essential for ensuring access to the legal system for all members of society.  However, your Committee is concerned that the appropriation does not meet the requirements of either chapter 42F or 103F, Hawaii Revised Statutes, with respect to the appropriation of public funds to private organizations.  Furthermore, your Committee recognizes that expending these moneys through the Judiciary may present the potential for a conflict of interest or the appearance of bias.

     Accordingly, upon further consideration, your Committee has amended this measure by:

     (1)  Amending section 2 of the bill to appropriate moneys to the Department of Human Services for the purchase of service contracts to provide free or low-cost civil legal services to indigent and low-income residents of the State, consistent with chapter 103F, Hawaii Revised Statutes; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2819, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2819, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

BRIAN T. TANIGUCHI, Chair