STAND

STAND. COM. REP. 1038

Honolulu, Hawaii

, 2003

RE: S.B. No. 1139

S.D. 1

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 S.B. No. 1139, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this bill, as received, is to:

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

(2) Expand the surcharge to parentage actions; and

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

The Judiciary testified in support of the measure and offered clarifying and technical amendments.

Your Committee finds that the surcharge imposed on petitioners with children in divorce and parentage actions funds a valuable program, Kids First. Your Committee has amended this bill at the request of the Judiciary by:

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

(2) Clarifying that the surcharge applies only to matrimonial actions where either party has a minor child and to all parentage actions;

(3) Clarifying that the surcharge will be expended for parent education programs for separating parents in matrimonial actions and parties in parentage actions and their minor children; and

(4) Making technical, nonsubstantive changes for purposes of style and clarify.

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 S.B. No. 1139, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1139, S.D. 1, 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