THE SENATE |
S.C.R. NO. |
194 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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RESOLUTION
requesting the Legal Services corporation to remove the restrictions on access to public legal services for citizens of the freely associated states residinG in the state of hawaii AND OTHER AFFECTED JURISDICTIONS AND REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO INTRODUCE LEGISLATION IN CONGRESS CALLING FOR THE INCLUSION OF THE PROVISION OF LEGAL SERVICES TO CITIZENS OF THE FREELY ASSOCIATED STATES RESIDING IN THE STATE OF HAWAII AND OTHER AFFECTED JURISDICTIONS UNDER THE COMPACT OF FREE ASSOCIATION, AND ANY SUBSEQUENTLY RENEGOTIATED COMPACT.
WHEREAS, the United States entered into agreements with the Freely Associated States—the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, known as the Compact of Free Association (Compact); and
WHEREAS, the Compact permits citizens of the Freely Associated States to enter the United States as non-immigrants entitled to live and work freely within our borders; and
WHEREAS, under the Compact, the Freely Associated States have received assistance in the form of direct funding and the provision of federal services and the United States has established defense rights and obligations within the region; and
WHEREAS, the Compact was codified under Title II of Public Law 99-239, established in 1986 between the United States and the Federated States of Micronesia and the Republic of the Marshall Islands, amended under Public Law 108-188, and under Title II of Public Law 99-658, established in 1994 between the United States and the Republic of Palau; and
WHEREAS, under section 105(h) of the Compact and section 105(f) of the Compact of Free Association Amendments Act of 2003, Public Law 108-188, included in the continuing programs and services provided to the Federated States of Micronesia and the Republic of the Marshall Islands are services provided through the Legal Services Corporation; and
WHEREAS, pursuant to 45 CFR section 1626.10(a), the provision of services to individuals residing within the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau is reaffirmed; and
WHEREAS, however, under 45 CFR part 1626, the provision of legal services to citizens of the Freely Associated States residing in the United States is prohibited through the restriction on a recipient's use of Legal Services Corporation funding, as well as non-Legal Services Corporation funding, to be utilized for the legal representation of ineligible aliens; and
WHEREAS, in 1997 the Office of the Inspector General suggested that one category within the rule relating to special eligibility questions for the Legal Services Corporation be amended to be confined in its application to only legal services programs serving individuals within the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and
WHEREAS, the final rule, as amended and codified at 45 CFR section 1626.10, was intended to clarify that legal assistance for citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau had to be provided by recipients of Legal Services Corporation funds within the geographic areas of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and
WHEREAS, currently there is an open rulemaking on 45 CFR part 1626, which has included discussion on the extension of the provision of legal services to citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau outside of those areas; however, no Notice of Proposed Rulemaking has been issued; and
WHEREAS, over the last several years Hawaii has experienced a great influx of citizens from the Freely Associated States seeking education, health, and economic advancement for themselves and their families, and
WHEREAS, the presence of these Freely Associated States citizens in Hawaii demands increased resources to provide for their health and well-being; and
WHEREAS, the United States government has provided assistance to Hawaii and other affected jurisdictions, currently pursuant to section 103(e) of Public Law 108-188, in the form of continuing appropriations to be used for health, educational, social, or public safety services, or infrastructure related to such services resulting from the migration of individuals from the Freely Associated States; and
WHEREAS, the needs of the Freely Associated States citizens residing in Hawaii and other affected jurisdictions extend beyond the need to provide services relating to health, education, social, or public safety; and
WHEREAS, citizens of the Freely Associated States residing in Hawaii and other affected jurisdictions face numerous issues, including the need for legal representation, although they may not be financially able to obtain such representation; and
WHEREAS, the lack of free or subsidized legal representation available for these individuals adversely impacts the resources of the State of Hawaii, the governments of other affected jurisdictions, as well as the affected individuals and their pursuit of improved quality of life through migration from the Freely Associated States; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, that the Legal Services Corporation is requested to review and amend 45 CFR part 1626 to allow for the provision of legal services to citizens of the Freely Associated States residing in Hawaii and other affected jurisdictions under the Compact and the Compact of Free Association Amendments Act of 2003; and
BE IT FURTHER RESOLVED that Hawaii's congressional delegation is requested to introduce legislation in the United States Congress calling for the inclusion of the provision of legal services to citizens of the Freely Associated States residing in Hawaii and other affected jurisdictions within the Compact of Free Association Amendments Act of 2003, and any subsequently renegotiated Compact; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Legal Services Corporation, the members of Hawaii's congressional delegation, and the Presidents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, and their respective Honolulu Offices.
OFFERED BY: |
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Report Title:
Compact of Free Association; Legal Services Corporation Services; Legal Services for Freely Associated States Citizens