Report Title:

Family Court, Surcharge for Parent Education Increase

Description:

Increases the surcharge for parent education for separating parents to $50. Drops the $15 donation.

HOUSE OF REPRESENTATIVES

H.B. NO.

812

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO FAMILY COURT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 607-5.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§607-5.6[]] Surcharge for parent education for separating parties with children; special fund. (a) In addition to the fees prescribed, under section 607-5, for a matrimonial action [under section 607-5,] or a family court proceeding under chapter 584, the court shall collect a surcharge of [$35] $50 at the time of filing the initial complaint or petition.

(b) No surcharge shall be assessed:

(1) Against any party who has received a waiver of filing fees;

(2) Against any party proceeding on behalf of the State or any of the various counties; or

(3) If neither party has a minor child.

[(c) Any respondent in a matrimonial action with a minor child may be requested to make a $15 donation which shall be deposited into the special fund.

(d)] (c) Surcharges subject to this section shall be limited to one payment per case.

[(e)] (d) There is established within the state treasury the parent education special fund into which shall be deposited revenues assessed under subsection (a), interest and investment earnings, grants, donations, and contributions from private or public sources. The fund shall be administered by the judiciary, subject to the conditions specified in subsection [(f).] (e).

[(f)] (e) The special fund shall be used solely for expenditures related to providing education on all islands for separating parents and their children. Revenues deposited into the special fund may be used for existing or enhanced parent education programs administered by the judiciary, or for grants or purchases of service pursuant to chapter 42D. All appropriations or authorizations from the special fund shall be expended by the judiciary.

[(g)] (f) The judiciary shall submit an annual financial report to the legislature, prior to the convening of each regular session, which shall include an accounting of all deposits and expenditures from the fund."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request