CONFERENCE COMMITTEE REPORT NO.165

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 1454
                                  H.D. 2
                                  S.D. 2
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 1454, H.D. 2, S.D. 2, entitled:

    "A BILL FOR AN ACT RELATING TO FEES,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill, as received by your Committee, is
to clarify that a single, uniform fee of $100 is to be applied to
all probate actions involving a decedent's estate.  Additionally,
this bill increases the fee for civil district court filings from
$75 to $100, and adds new fees to be assessed for administrative
costs associated with processing of traffic offense citations.

     Your Committee finds that the provisions of this bill will
provide for the just administration of decedent's estates.

     Your Committee further finds that the provisions of this
bill will ensure that the costs of certain government operations

 
 
                            CONFERENCE COMMITTEE REPORT NO.165
                            Page 2



will be borne by the users of services arising out of those
operations.  Your Committee finds that the provisions of this
bill will generate additional revenue to fund needed judiciary
services.  Your Committee finds that it is not the intent of the
legislature to have persons pay processing fees for traffic
offense citations, when they are determined "not guilty" of those
offenses.

     Your Committee has amended this bill by:

     (1) Deleting the purpose section; 

     (2) Adding language allowing an exception to the increased
         District Court civil filing fee, for temporary
         restraining order petitions filed under Section 604-
         10.5, Hawaii Revised Statutes;

     (3) Amending the proposed language regarding processing fees
         for traffic citations to clarify that those fees will
         not be assessed where an individual is determined "not
         guilty" of an offense for which they were cited, and to
         clarify that even traffic citations which do not require
         or result in arrest, are included in the types of
         citations for which processing fees will be assessed;

     (4) Adding a provision giving judges discretion to recover
         the actual cost of issuing a bench warrant by assessing
         a $50 fine upon the person for whom the warrant is
         issued; and

     (5) Making technical, nonsubstantive amendments for the
         purpose of clarity. 

     Your Committee on Conference is in accord with the intent
and purpose of H.B. No. 1454, H.D. 2, S.D. 2, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as H.B. No. 1454, H.D. 2, S.D. 2, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
AVERY CHUMBLEY, Co-Chair           ERIC G. HAMAKAWA, Co-Chair

 
                            CONFERENCE COMMITTEE REPORT NO.165
                            Page 3



                                   
                                   
                                   
______________________________     ______________________________
MATTHEW M. MATSUNAGA, Co-Chair     BRIAN Y. YAMANE, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
CAROL FUKUNAGA, Co-Chair           KENNETH T. HIRAKI, Member
                                   
                                   
                                   
______________________________     ______________________________
ANDREW LEVIN, Co-Chair             EMILY J. AUWAE Member



______________________________
LES IHARA, JR., JR., Member



______________________________
WHITNEY ANDERSON, Member