Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 551 entitled:

begs leave to report as follows:

The purpose of this measure is to enact a fee schedule for court appointed fact-finders that assist a family court judge in making child custody and visitation determinations.

Testimony in support of this measure was submitted by the Hawaii State Coalition Against Domestic Violence, the Domestic Violence Clearinghouse and Legal Hotline, and three individuals. The Judiciary offered comments on the measure.

Your Committee finds that the lack of a statutorily established fee schedule for court appointed fact-finders means that there is a lack of uniformity and consistency in which fees are assessed or charged by these individuals. Enacting a uniform fee schedule will not only provide much needed clarity for all parties, but also allow the court to be more actively involved in ensuring that the fees charged by court appointed fact-finders do not exceed statutory caps or, in the event that the statutory cap must be exceeded, that the court is able to impose reasonable conditions based upon the needs of the parties and the type of issues involved in the case.

Your Committee has amended this measure by making technical, nonsubstantive amendments for purposes of consistency and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 551, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 551, S.D. 1, and be referred to the Committee on Ways and Means.