STAND. COM. REP. NO.1374

Honolulu, Hawaii

, 2003

RE: H.B. No. 1116

H.D. 1

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1116, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COURTS,"

begs leave to report as follows:

The purpose of this measure is to provide greater protections to victims of domestic violence, stalking, or sexual abuse.

Specifically, this measure establishes that victims of domestic violence, stalking, or sexual assault are exempt from paying court costs and fees related to the filing, issuance, registration, or service of a protection order, petition for a protection order, warrant, or witness subpoena issued to prevent violent or threatening acts.

Your Committee finds that victims of domestic violence, stalking, or sexual abuse often have financial problems that make it difficult for them to pay the court costs and fees related to the filing and servicing of certain court documents. This is particularly disturbing because these court documents, such as a protection order, are intended to protect these individuals. An individual's personal safety should not be dictated by their financial status.

Although the Judiciary's past practice has been to waive certain court costs and fees for domestic abuse victims, this measure will make the practice mandatory and, in addition, will qualify Hawaii for federal funds based upon compliance with the federal Violence Against Women Act that requires states to exempt domestic violence victims from such court costs and fees.

Upon further consideration, your Committee has made technical changes to replace references to "domestic violence" with "abuse of family or household members" and "domestic abuse" to conform to the terminology used in relevant provisions of the Hawaii Revised Statutes. Additionally, technical nonsubstantive changes were made for the purposes of clarity and uniformity.

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 H.B. No. 1116, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1116, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair