Hawaii 2024 Regular Session

Hawaii Senate Bill SB2376 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2376 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to compensation for court-appointed representation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2376
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2376
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to compensation for court-appointed representation.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows: "(b) The court shall determine the amount of reasonable compensation paid to appointed counsel and guardian ad litem, based on the following rates: (1) [$90] $150 an hour for in-court or out-of-court services provided by an attorney licensed to practice law in the State; and (2) [$60] $100 an hour for[: (A) Out-of-court services provided by an attorney licensed to practice law in the State; and (B) All] all services provided by a person who is not an attorney licensed to practice law in the State, whether performed in-court or out‑of‑court. (c) The maximum allowable fee shall not exceed the following schedule: (1) Cases arising under chapters [[]587A[]] and 346, part X: (A) Predisposition . . . . . . . . . . . . . . [$3,000;] $4,500; and (B) Postdisposition review hearing . . . . . . [$1,000;] $1,500; and (2) Cases arising under chapters 560, 571, 580, and 584 . . . . . . . . . . . . . . . . . . . . . . [$3,000.] $4,500. Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court." SECTION 2. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriation contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriation made in this Act is necessary to serve the public interest and to meet the needs provided for by this Act. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,500,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the purchase of service contracts, guardian ad litem contracts, and court-appointed counsel contracts pursuant to chapter 571, Hawaii Revised Statutes. The sum appropriated shall be expended by the judiciary for the purposes of this Act. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. Section 571-87, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
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51	51	"(b) The court shall determine the amount of reasonable compensation paid to appointed counsel and guardian ad litem, based on the following rates:
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53	53	(1) [$90] $150 an hour for in-court or out-of-court services provided by an attorney licensed to practice law in the State; and
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55	55	(2) [$60] $100 an hour for[:
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57	57	(A) Out-of-court services provided by an attorney licensed to practice law in the State; and
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59	59	(B) All] all services provided by a person who is not an attorney licensed to practice law in the State, whether performed in-court or out‑of‑court.
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61	61	(c) The maximum allowable fee shall not exceed the following schedule:
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63	63	(1) Cases arising under chapters [[]587A[]] and 346, part X:
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65	65	(A) Predisposition . . . . . . . . . . . . . . [$3,000;] $4,500; and
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67	67	(B) Postdisposition review hearing . . . . . . [$1,000;] $1,500; and
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69	69	(2) Cases arising under chapters 560, 571, 580, and
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71	71	584 . . . . . . . . . . . . . . . . . . . . . . [$3,000.] $4,500.
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73	73	Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court."
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75	75	SECTION 2. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriation contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriation made in this Act is necessary to serve the public interest and to meet the needs provided for by this Act.
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77	77	SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,500,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the purchase of service contracts, guardian ad litem contracts, and court-appointed counsel contracts pursuant to chapter 571, Hawaii Revised Statutes.
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79	79	The sum appropriated shall be expended by the judiciary for the purposes of this Act.
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81	81	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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83	83	SECTION 5. This Act shall take effect on July 1, 2024.
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87	87	INTRODUCED BY: _____________________________
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90	90	INTRODUCED BY:
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92	92	_____________________________
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96	96	By Request
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98	98	Report Title: Judiciary Package; Family Courts; Court-appointed Counsel; Guardian Ad Litem; Fees; Appropriation; General Fund Expenditure Ceiling Exceeded Description: Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardian ad litem in family court proceedings. Appropriates moneys. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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108	108	Report Title:
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110	110	Judiciary Package; Family Courts; Court-appointed Counsel; Guardian Ad Litem; Fees; Appropriation; General Fund Expenditure Ceiling Exceeded
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114	114	Description:
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116	116	Increases the rate of compensation and maximum allowable amounts per case for court-appointed counsel and guardian ad litem in family court proceedings. Appropriates moneys. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
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124	124	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.