Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2593 entitled:

begs leave to report as follows:

The purpose of this measure is to exempt certain Family and Circuit Court proceedings from normally required court and witness fees.

Specifically, the exemption applies to any proceedings for the protection of any child under the child protective law, chapter 587, Hawaii Revised Statutes.

Your Committee finds that there has been a long-standing practice not to assess fees in cases filed to protect children. The cases are generally filed by the Department of the Attorney General, which, as a government agency, is normally not assessed filing fees. In many of these cases, the child's parents have court appointed counsel and are not assessed fees. Your Committee believes that even when the child's family does not qualify for a court appointed attorney or appears pro se, no fees should be assessed against these parties. This bill clarifies the waiver of initial filing fees and subsequent fees for motions or other pleadings.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2593 and recommends that it pass Third Reading.