Bill Text: HI HB2656 | 2020 | Regular Session | Amended
Bill Title: Relating To Access To Justice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-03 - Referred to HRE, WAM/JDC. [HB2656 Detail]
Download: Hawaii-2020-HB2656-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2656 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ACCESS TO JUSTICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. This Act shall be known as the Hawai‘i Justice League Act of 2020.
SECTION 2. The legislature finds that many attorneys
graduate from law school with substantial educational debt that prohibits many
graduates from considering the practice of law in less-populated rural areas of
Hawai‘i. A need exists for rural clients to hire
competent attorneys and the public is better served by qualified attorneys
serving those living in underserved rural areas.
The legislature further finds
that few new lawyers are able to practice public interest law in underserved
rural areas because of the high cost of attending law school, the debt that law
school students graduate with, and the high cost of living in Hawai‘i. The increasingly high cost of attending law
school requires lawyers to seek out higher-paying jobs in areas more heavily
populated that allow for repayment of student loans.
The legislature also
finds that loan repayment assistance programs have been successfully used in
Hawai‘i to increase the number
of educators serving in hard-to-fill teaching positions, and the legislature
believes that loan repayment assistance programs can also be used to encourage
and enable lawyers to pursue the practice of law in underserved rural areas
within the State of Hawai‘i.
The legislature additionally
finds that programs providing educational loan repayment assistance will
encourage law students and other attorneys to seek employment in rural Hawai‘i and will enable rural
communities to attract and retain qualified attorneys.
The purpose of this Act
is to establish the Hawai‘i justice league program in the University of Hawai‘i William S. Richardson School
of Law to provide partial student loan repayment assistance for lawyers who
agree to pursue the practice of law in underserved rural areas in Hawai‘i.
SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
HAWAII JUSTICE LEAGUE
PROGRAM
§ -1 Definitions. As used in this chapter, unless the context requires
otherwise:
"Lawyer" means
a person admitted to practice law as required by the rules of the supreme court
of Hawaii.
"Loan
repayment" means the payment, per year, of up to twenty per cent of a
Hawaii justice league program participant's legal training costs, including the
cost of in-state tuition at the William S. Richardson School of Law, not
exceeding $35,000 per year, for a maximum of five years.
"Participant"
means a lawyer who is receiving loan repayment assistance through the Hawaii
justice league program.
"Rural area"
means all population, housing, and territory not included within an urban area
as defined by the United States Department of Commerce, Census Bureau.
"Urban area"
is as defined by the United States Department of Commerce, Census Bureau.
§ -2 Hawaii justice league program; loan repayment
assistance; established. (a) The Hawaii justice league program is
established to encourage lawyers to pursue public interest work in Hawaii. The program shall be administered by the
University of Hawaii William S. Richardson School of Law. In administering the program, the University
of Hawaii William S. Richardson School of Law shall:
(1) Adopt rules and develop guidelines to administer the program;
(2) Identify and designate rural areas of the State as defined by the United States Department of Commerce, Census Bureau;
(3) Establish criteria and a certification process for what constitutes eligible legal service work in underserved rural areas in the State;
(4) Establish criteria for the selection of lawyers to participate in the program;
(5) Beginning on July 1, 2021, and no later than July 1 in each year thereafter, increase the per annum maximum loan repayment amount for a cost-of-living adjustment. The University of Hawaii William S. Richardson School of Law shall use $35,000 the first year, multiplied by the United States Department of Labor Consumer Price Index for All Urban Consumers (CPI-U) for the previous year to determine the adjusted per annum maximum loan repayment amount for the next year. Each year thereafter the new adjusted per annum maximum loan repayment amount shall be used to determine the per annum maximum loan repayment amount for the following year;
(6) Publish the adjusted per annum maximum loan repayment amount annually on the University of Hawaii William S. Richardson School of Law website;
(7) Define and determine compliance with the service commitments of the program;
(8) Collect and manage reimbursements from participants who do not meet their service commitments under the program;
(9) Publicize the program, particularly to maximize participation by individuals who live in rural areas of the State; and
(10) Solicit and accept grants and donations from public and private sources for the program, including maximizing the use of federal matching funds.
(b) The Hawaii justice league program shall
partner with a lending financial institution whose operations are principally
conducted in Hawaii to provide loan repayment assistance to lawyers who make
the service commitment under subsection (c).
The University of Hawaii William S. Richardson School of Law shall make
loan repayments directly to the financial institution under this subsection to
offset the loan repayment for which the Hawaii justice league program participant
would otherwise be liable.
(c) The Hawaii justice league program shall
provide loan repayments on behalf of a lawyer who agrees to serve for at least
five consecutive years as a lawyer practicing law in rural areas in Hawaii;
provided that eligible lawyers, as applicable, shall have graduated from an accredited
law school within the United States; provided further that preference shall be
given to graduates of the University of Hawaii William S. Richardson School of Law
as applicable.
(d) Eligibility to participate in the program
shall be determined by the University of Hawaii William S. Richardson School of
Law on a competitive basis and in accordance with subsection (c).
(e) If a Hawaii justice league program participant
fails to satisfy the participant's service commitment under subsection (c), the
Hawaii justice league program participant shall be liable for the repayment of
the outstanding balance of the loan to the lending financial institution under
subsection (b). The University of Hawaii
William S. Richardson School of Law may seek reimbursement for any loan
repayment made by the university on behalf of the Hawaii justice league program
participant.
(f) In accordance with chapter 103D, the
University of Hawaii William S. Richardson School of Law may enter into written
contracts with collection agencies to collect delinquent reimbursements of loan
repayments. All payments collected,
exclusive of a collection agency's commissions, shall revert and be credited to
the Hawaii justice league revolving fund. A collection agency that enters into a written
contract with the University of Hawaii William S. Richardson School of Law to
collect delinquent reimbursements of loan repayments pursuant to this section
may collect a commission from the participant in accordance with the terms of,
and up to the amounts authorized in, the written contract.
§ -3 Hawaii justice league revolving fund. (a) There is
established the Hawaii justice league revolving fund, which shall be
administered by the University of Hawaii William S. Richardson School of Law,
and into which shall be deposited:
(1) Any funds appropriated by the legislature for the Hawaii justice league program;
(2) Gifts, donations, and grants from public agencies and private persons;
(3) Reimbursements of loan repayments under the Hawaii justice league program;
(4) Proceeds of the operations of the Hawaii justice league program; and
(5) Interest earned or accrued on moneys deposited into the fund.
(b) The University of Hawaii William S. Richardson School of Law may expend moneys from the fund for the purposes of this chapter, including the operational expenses of the Hawaii justice league program.
§ -4 Rules.
The
University of Hawaii William S. Richardson School of Law shall adopt rules to
administer this chapter. The rules shall
be adopted pursuant to chapter 91."
SECTION 4. The University of Hawaii William S. Richardson
School of Law shall implement the Hawaii justice league program no later than
June 30, 2021. The dean of the
University of Hawaii William S. Richardson School of Law shall report to the
legislature on the status of the Hawaii justice league program, including the
most recently adjusted per annum maximum repayment amount, no later than twenty
days prior to the convening of each regular session beginning with the regular
session of 2022.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for deposit into the Hawaii justice league revolving fund.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the purposes of establishing and administering the Hawaii justice league program.
The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Hawaii Justice League; Loan Repayment; Public Interest; Access to Justice; Appropriation
Description:
Establishes the Hawaii justice league program to provide partial loan repayments on behalf of eligible lawyers that pursue public interest work in Hawaii. Provides for loan repayments by the University of Hawaii William S. Richardson School of Law. Establishes the Hawaii justice league revolving fund. Makes an appropriation. Takes effect 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
