STAND. COM. REP. 533

Honolulu, Hawaii

, 2003

RE: H.B. No. 812

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 812 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

begs leave to report as follows:

The purpose of this bill as received by your Committee is to:

(1) Increase from $35 to $50, the Parent Education Special Fund surcharge levied against petitioners in matrimonial actions;

(2) Expand the surcharge to parentage actions; and

(3) Repeal the suggested $15 donation from respondents in matrimonial actions.

The Family Law Section of the Hawaii State Bar Association and a concerned individual testified in support of this measure. The Judiciary testified in support and offered amendments.

Upon further consideration, this bill was amended to:

(1) Permit the court to assess a surcharge, that had initially been waived, against either or both parties if the court later determines that a party has the ability to pay;

(2) Clarify that the surcharge funds shall only be used for parent education programs;

(3) Clarify that this section does not apply to actions where neither party has a minor child; and

(4) Make technical, nonsubstantive amendments for style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 812, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 812, H.D. 1, and be referred to the Committee on Finance.

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

 

____________________________

ERIC G. HAMAKAWA, Chair