Report Title:

Surcharge for Indigent Legal Services; Administration; Transfer to Office of Community Services

Description:

Transfers administration of the funds received from the surcharge for indigent legal services from the administrative director of the courts to the office of community services.

HOUSE OF REPRESENTATIVES

H.B. NO.

1550

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to human services.

 

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

SECTION 1. Section 607-5.7, Hawaii Revised Statutes, is amended by amending subsections (d), (e), and (f) to read as follows:

"(d) This fund shall be administered by the [administrative director of the courts, or pursuant to contract with the administrative director of the courts. If the fund is administered pursuant to contract with the administrative director of the courts, the contractor shall be a nonprofit organization that has at least one year's experience in administering grants to providers of civil legal services for indigents.] office of community services of the department of labor and industrial relations. The [fund administrator] office of community services shall receive not more than five per cent of the total amount collected under this section each fiscal year as compensation for performing the duties under this section.

(e) [The fund administrator] In accordance with chapter 103F, the office of community services of the department of labor and industrial relations shall [annually accept] solicit applications for [grants funded] funds from the indigent legal assistance fund from organizations that provide civil legal assistance to indigent persons. Applications shall be received no later than April 15 for assistance in the following fiscal year. The [fund administrator] office of community services shall determine the specific information required of the applicant and, at a minimum, shall require applicants to provide information concerning:

(1) Their governance, staffing, and total annual budget;

(2) Other funding sources;

(3) Geographic area of service;

(4) The number of clients served in the previous fiscal year; and

(5) The nature and scope of services provided.

(f) To be eligible for assistance from the indigent legal assistance fund, an applicant shall meet all of the following standards at the time of application:

(1) Be either a nonprofit organization incorporated and operated exclusively in Hawaii and determined by the Internal Revenue Service to be exempt from federal income tax or a program operated exclusively in Hawaii by an accredited nonprofit law school, which organization or program provides as its primary purpose and function civil legal services to indigent persons;

(2) Have a governing board whose members have no material conflict of interest and serve without compensation;

(3) Have bylaws or policies that describe the manner in which business is conducted, and policies that relate to nepotism and management of potential conflict of interest situations;

(4) Have at least one year's experience in providing civil legal services to indigents;

(5) Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments;

(6) Agree not to charge client fees for services that are funded in any part by a grant from the indigent legal assistance fund, except that token payments for costs and expenses shall not be considered fees;

(7) Agree to use any [grant] funds received under this section exclusively to provide civil legal services to indigent persons; and

(8) Have in place sound financial management systems, a client grievance procedure, a method of ensuring the quality of service provided, and a policy that provides that no person may interfere with any attorneys funded in whole or in part by this section in carrying out their professional responsibilities to their clients, as established by the Hawaii rules of professional conduct."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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