HB 648: Judiciary; Guardianship; Conservatorship; Pilot Program; Reports; Appropriations
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-06-25: Act 208, on 06/25/2025 (Gov. Msg. No. 1310).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
Creates a two-year pilot in the First Circuit probate and family courts to pay for court-ordered guardianship and conservatorship supports for respondents who cannot afford them. The pilot covers kokua kanawai (court-appointed investigators), guardians ad litem (people who represent the respondent’s best interests), and professional evaluations such as psychological, neurocognitive, or functional exams. The Judiciary must report on the pilot’s results and recommend whether it should continue or become permanent.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship- and conservatorship‑related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial. Requires the Judiciary to submit reports to the Governor and Legislature. Appropriates funds. (CD1)
Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship- and conservatorship‑related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial. Requires the Judiciary to submit reports to the Governor and Legislature. Appropriates funds. Effective 4/23/2057. (SD1)
Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship- and conservatorship‑related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial. Requires the Judiciary to submit reports to the Governor and Legislature. Appropriates funds. Effective 7/1/3000. (HD1)
Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship and conservatorship related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial. Requires the Judiciary to submit reports to the Governor and Legislature. Appropriates funds.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
648 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
While the court has the statutory authority to order these resources, it does not always order them. The information provided by these resources supplies the court with essential information to support a court's informed decisions regarding the capacity and circumstances of respondents. Overall, they make the procedures surrounding guardianship and conservatorship more equitable. When respondents do not receive these resources, it is usually because they do not have the personal finances to afford them.
Accordingly, the purpose of this Act is to establish a two-year guardianship- and conservatorship-related court resources pilot program in the circuit court of the first circuit that will ensure these resources are available to all respondents.
SECTION 2. (a) There shall be established within the judiciary a two-year pilot program in the probate court and family court of the first circuit to fund the following guardianship- and conservatorship‑related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial:
(1) An investigation and report by a kokua kanawai appointed with the powers and duties pursuant to section 560:5-305(c) and (d), Hawaii Revised Statutes, for guardianships and powers and duties pursuant to section 560:5-406(c) and (d), Hawaii Revised Statutes, for conservatorships;
(2) A guardian ad litem appointed pursuant to section 560:5-115, Hawaii Revised Statutes; and
(3) A professional evaluation of the respondent's alleged impairment pursuant to section 560:5-306, Hawaii Revised Statutes, for guardianships or section 560:5‑406(f), Hawaii Revised Statutes, for conservatorships, that includes information as noted in rule 102, Hawaii probate rules; provided that the professional evaluation may include but not be limited to a psychological evaluation, neurocognitive evaluation, or functional evaluation.
(b) The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026 and 2027 on the guardianship- and conservatorship-related court resources pilot program and include the following information aggregated by each type of court:
(1) The status of the guardianship- and conservatorship‑related court resources pilot program;
(2) The number of people served by the pilot program;
(3) The number of people who received resources from the pilot program who otherwise would not have been able to pay for these resources;
(4) Recommendations as to whether the pilot program should continue as a pilot program, be made permanent, or be discontinued; and
(5) If continuation or permanency of the pilot program is recommended, recommendations for funding for the program.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $50,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the provision of guardianship- and conservatorship‑related court resources in the first circuit probate court as part of the pilot program established pursuant to section 2 of this Act.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $50,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the provision of guardianship- and conservatorship‑related court resources in the first circuit family court as part of the pilot program established pursuant to section 2 of this Act.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2025.
Report Title:
Judiciary; Guardianship; Conservatorship; Pilot Program; Reports; Appropriations
Description:
Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship- and conservatorship‑related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial. Requires the Judiciary to submit reports to the Governor and Legislature. Appropriates funds. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
648 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
While the court has the statutory authority to order these resources, it does not always order them. The information provided by these resources supplies the court with essential information to support a court's informed decisions regarding the capacity and circumstances of respondents. Overall, they make the procedures surrounding guardianship and conservatorship more equitable. When respondents do not receive these resources, it is usually because they do not have the personal finances to afford them.
Accordingly, the purpose of this Act is to establish a two-year guardianship- and conservatorship-related court resources pilot program in the circuit court of the first circuit that will ensure these resources are available to all respondents.
SECTION 2. (a) There shall be established within the judiciary a two-year pilot program in the probate court and family court of the first circuit to fund the following guardianship- and conservatorship‑related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial:
(1) An investigation and report by a kokua kanawai appointed with the powers and duties pursuant to section 560:5-305(c) and (d), Hawaii Revised Statutes, for guardianships and powers and duties pursuant to section 560:5-406(c) and (d), Hawaii Revised Statutes, for conservatorships;
(2) A guardian ad litem appointed pursuant to section 560:5-115, Hawaii Revised Statutes; and
(3) A professional evaluation of the respondent's alleged impairment pursuant to section 560:5-306, Hawaii Revised Statutes, for guardianships or section 560:5‑406(f), Hawaii Revised Statutes, for conservatorships, that includes information as noted in rule 102, Hawaii probate rules; provided that the professional evaluation may include but not be limited to a psychological evaluation, neurocognitive evaluation, or functional evaluation.
(b) The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026 and 2027 on the guardianship- and conservatorship-related court resources pilot program and include the following information aggregated by each type of court:
(1) The status of the guardianship- and conservatorship‑related court resources pilot program;
(2) The number of people served by the pilot program;
(3) The number of people who received resources from the pilot program who otherwise would not have been able to pay for these resources;
(4) Recommendations as to whether the pilot program should continue as a pilot program, be made permanent, or be discontinued; and
(5) If continuation or permanency of the pilot program is recommended, recommendations for funding for the program.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the provision of guardianship- and conservatorship‑related court resources in the first circuit probate court as part of the pilot program established pursuant to section 2 of this Act.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the provision of guardianship- and conservatorship‑related court resources in the first circuit family court as part of the pilot program established pursuant to section 2 of this Act.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 5. This Act shall take effect on April 23, 2057.
Report Title:
Judiciary; Guardianship; Conservatorship; Pilot Program; Reports; Appropriations
Description:
Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship- and conservatorship‑related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial. Requires the Judiciary to submit reports to the Governor and Legislature. Appropriates funds. Effective 4/23/2057. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
648 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
While the court has the statutory authority to order these resources, it does not always order them. The information provided by these resources supplies the court with essential information to support a court's informed decisions regarding the capacity and circumstances of respondents. Overall, they make the procedures surrounding guardianship and conservatorship more equitable. When respondents do not receive these resources, it is usually because they do not have the personal finances to afford them.
Accordingly, the purpose of this Act is to establish a two-year guardianship- and conservatorship-related court resources pilot program in the circuit court of the first circuit that will ensure these resources are available to all respondents.
SECTION 2. (a) There shall be established within the judiciary a two-year pilot program in the probate court and family court of the first circuit to fund the following guardianship- and conservatorship‑related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial:
(1) An investigation and report by a kokua kanawai appointed with the powers and duties pursuant to section 560:5-305(c) and (d), Hawaii Revised Statutes, for guardianships and powers and duties pursuant to section 560:5-406(c) and (d), Hawaii Revised Statutes, for conservatorships;
(2) A guardian ad litem appointed pursuant to section 560:5-115, Hawaii Revised Statutes; and
(3) A professional evaluation of the respondent's alleged impairment pursuant to section 560:5-306, Hawaii Revised Statutes, for guardianships or section 560:5‑406(f), Hawaii Revised Statutes, for conservatorships, that includes information as noted in rule 102, Hawaii probate rules.
(b) The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026 and 2027 on the guardianship- and conservatorship-related court resources pilot program and include the following information aggregated by each type of court:
(1) The status of the guardianship- and conservatorship‑related court resources pilot program;
(2) The number of people served by the pilot program;
(3) The number of people who received resources from the pilot program who otherwise would not have been able to pay for these resources;
(4) Recommendations as to whether the pilot program should continue as a pilot program, be made permanent, or be discontinued; and
(5) If continuation or permanency of the pilot program is recommended, recommendations for funding for the program.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the provision of guardianship- and conservatorship‑related court resources in the first circuit probate court as part of the pilot program established pursuant to section 2 of this Act.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the provision of guardianship- and conservatorship‑related court resources in the first circuit family court as part of the pilot program established pursuant to section 2 of this Act.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Judiciary; Guardianship; Conservatorship; Pilot Program; Reports; Appropriations
Description:
Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship- and conservatorship‑related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial. Requires the Judiciary to submit reports to the Governor and Legislature. Appropriates funds. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
648 |
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THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
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A BILL FOR AN ACT
relating to guardianship and Conservatorship services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
While the court has the statutory authority to order these resources, it does not always order them. The information provided by these resources supplies the court with essential information to support a court's informed decisions regarding the capacity and circumstances of respondents. Overall, they make the procedures surrounding guardianship and conservatorship more equitable. When respondents do not receive these resources, it is usually because they do not have the personal finances to afford them.
Accordingly, the purpose of this Act is to establish a two-year guardianship and conservatorship related court resources pilot program in the circuit court of the first circuit that will ensure these resources are available to all respondents.
SECTION 2. (a) There is established within the judiciary a two-year pilot program in the probate court and family court of the first circuit to fund the following guardianship and conservatorship related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial:
(1) An investigation and report by a kokua kanawai appointed with the powers and duties pursuant to sections 560:5-305(c) and 560:5-305(d), Hawaii Revised Statutes, for guardianships and powers and duties pursuant to sections 560:5-406(c) and 560:5-406(d), Hawaii Revised Statutes, for conservatorships;
(2) A guardian ad litem appointed pursuant to section 560:5-115, Hawaii Revised Statutes; and
(3) A professional evaluation of the respondent's alleged impairment pursuant to section 560:5-306, Hawaii Revised Statutes, for guardianships or section 560:5‑406(f), Hawaii Revised Statutes, for conservatorships, that includes information as noted in rule 102, Hawaii probate rules.
(b) The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026 and 2027 on the guardianship and conservatorship related court resources pilot program and include the following information aggregated by each type of court:
(1) The status of the guardianship and conservatorship related court resource pilot program;
(2) The number of people served by the pilot program;
(3) The number of people who received resources from the pilot program who otherwise would not have been able to pay for these resources;
(4) Recommendations as to whether the pilot program should continue as a pilot program, be made permanent, or discontinued; and
(5) If continuation or permanency of the pilot program is recommended, recommendations for funding for the program.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the provision of guardianship and conservatorship related court resources in the first circuit probate court as part of the pilot program established pursuant to section 2 of this Act.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the guardianship and conservatorship related court resources in the first circuit family court as part of the pilot program established pursuant to section 2 of this Act.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Judiciary; Guardianship; Conservatorship; Pilot Program; Reports; Appropriations
Description:
Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship and conservatorship related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial. Requires the Judiciary to submit reports to the Governor and Legislature. Appropriates funds.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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|---|---|
| Jun 25, 2025 | Act 208, on 06/25/2025 (Gov. Msg. No. 1310). |
| Jun 25, 2025 | Act 208, 06/25/2025 (Gov. Msg. No. 1310). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 57). |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 57) as amended in (CD 1). |
| Apr 22, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Rhoads, Elefante; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 22, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Tarnas, Kitagawa, Belatti, Marten, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 21, 2025 | Conference Committee Meeting will reconvene on Tuesday 04-22-25 2:05PM in conference room 325. |
| Apr 17, 2025 | Conference Committee Meeting will reconvene on Monday 04-21-25 2:05PM in conference room 325. |
| Apr 16, 2025 | Bill scheduled for Conference Committee Meeting on Thursday, 04-17-25 3:46PM in conference room 325. |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 788). |
| Apr 15, 2025 | Senate Conferees Appointed: Rhoads Chair; Elefante Co-Chair; Awa. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 732). |
| Apr 14, 2025 | House Conferees Appointed: Tarnas, Kitagawa Co-Chairs; Belatti, Marten, Shimizu. |
| Apr 8, 2025 | Received notice of disagreement (Hse. Com. No. 559). |
| Apr 4, 2025 | House disagrees with Senate amendment (s). |
| Apr 3, 2025 | Returned from Senate (Sen. Com. No. 549) in amended form (SD 1). |
| Apr 3, 2025 | Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 2, 2025 | One Day Notice 04-03-25. |
| Apr 2, 2025 | Reported from WAM (Stand. Com. Rep. No. 1519) with recommendation of passage on Third Reading. |
| Mar 31, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 28, 2025 | The committee(s) on WAM will hold a public decision making on 03-31-25 10:02AM; Conference Room 211 & Videoconference. |
| Mar 20, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Mar 20, 2025 | Reported from JDC (Stand. Com. Rep. No. 1194) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Mar 14, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 13, 2025 | The committee(s) on JDC deferred the measure until 03-14-25 10:00AM; Conference Room 016 & Videoconference. |
| Mar 7, 2025 | The committee(s) on JDC has scheduled a public hearing on 03-13-25 9:45AM; Conference Room 016 & Videoconference. |
| Mar 6, 2025 | Referred to JDC, WAM. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 264). |
| Mar 4, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate. |
| Feb 28, 2025 | Reported from FIN (Stand. Com. Rep. No. 1140), recommending passage on Third Reading. |
| Feb 25, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 13 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Kusch, Reyes Oda, Ward. |
| Feb 21, 2025 | Bill scheduled to be heard by FIN on Tuesday, 02-25-25 12:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 14, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4). |
| Feb 14, 2025 | Reported from JHA (Stand. Com. Rep. No. 689) as amended in HD 1, recommending passage on Second Reading and referral to FIN. |
| Feb 12, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Feb 7, 2025 | Bill scheduled to be heard by JHA on Wednesday, 02-12-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Jan 21, 2025 | Referred to JHA, FIN, referral sheet 2 |
| Jan 21, 2025 | Introduced and Pass First Reading. |
| Jan 17, 2025 | Pending introduction. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 3, 2025 | Third Reading | Senate Floor |
Passed |
|
| Mar 31, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
|
| Mar 14, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Mar 4, 2025 | Third Reading | House Floor |
Passed |
|
| Feb 25, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
|
| Feb 12, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| AARP Hawaii | ** Support | |
| Easterseals Hawaii | *** Support | Mar 31, 2025 |
| Executive Office on Aging | ** Support | |
| Executive Office on Aging (Department of Health) | *** Support | Feb 12, 2025 |
| Hawaii Disability Rights Center | *** Support | Mar 31, 2025 |
| Hawaii Self Advocacy Advisory Council | ** Support | |
| Hawaii Self-Advocacy Advisory Council | ** Support | |
| Office of the Public Guardian | ** Support | |
| Office of the Public Guardian | *** Support | Mar 12, 2025 |
| The Judiciary, State of Hawai‘i | *** Support | Mar 31, 2025 |
CONFERENCE COMMITTEE REP. NO. 57
Honolulu, Hawaii
, 2025
RE: H.B. No. 648
H.D. 1
S.D. 1
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 648, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to establish a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship- and conservatorship-related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial.
Your Committee on Conference has amended this measure by:
(1) Inserting an appropriation amount of $50,000 for each fiscal year of the 2025-2027 Fiscal Biennium for the provision of resources in the First Circuit Probate Court;
(2) Inserting an appropriation amount of $50,000 for each fiscal year of the 2025-2027 Fiscal Biennium for the provision of resources in the First Circuit Family Court; and
(3) Changing the effective date to July 1, 2025.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 648, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 648, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
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ON THE PART OF THE HOUSE |
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____________________________ KARL RHOADS Chair |
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____________________________ DAVID A. TARNAS Co-Chair |
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____________________________ BRANDON J.C. ELEFANTE Co-Chair |
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____________________________ LISA KITAGAWA Co-Chair |
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STAND. COM. REP. NO. 1519
Honolulu, Hawaii
RE: H.B. No. 648
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred H.B. No. 648, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES,"
begs leave to report as follows:
The purpose and intent of this measure is to establish and fund a two-year pilot program in the probate court and family court of the First Circuit to fund certain guardianship- and conservatorship-related court services if the court deems the services beneficial and the respondent lacks the ability to pay.
Your Committee received written comments in support of this measure from the Judiciary, State Council on Developmental Disabilities, Hawaii Disability Rights Center, and Easterseals Hawaii.
Your Committee finds that the services funded by this measure, specifically Kokua Kanawai, guardians ad litem, and capacity evaluations, help courts make informed decisions about guardianships and conservatorships that are the least restrictive and that encourage the ward's maximum self-reliance and independence. The pilot program established and funded by this measure will help ensure that all respondents can benefit from these services, regardless of the person's ability to pay.
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. 648, H.D. 1, S.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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STAND. COM. REP. NO. 1194
Honolulu, Hawaii
RE: H.B. No. 648
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 648, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES,"
begs leave to report as follows:
The purpose and intent of this measure is to establish a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship- and conservatorship-related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial.
Your Committee received testimony in support of this measure from the Judiciary, Office of the Public Guardian, Hawaii Self Advocacy Advisory Council, Hawaii Disability Rights Center, AARP Hawaii, Easterseals Hawaii, and two individuals.
Your Committee received comments on this measure from the State Council on Developmental Disabilities.
Your Committee finds that adult guardianship and conservatorship petitions are brought to request a court to name someone to care for the well-being, and possibly the finances, of another person who is deemed unable to care for themself. In making these decisions, certain resources concerning the person, called a respondent, may aid the court. These include "Kokua Kanawai", who are individuals appointed by the court to review the personal circumstances of the respondent and provide the court with an independent assessment of the situation; guardians ad litem, who are individuals appointed by the court to represent the best interests of the respondent; and professional evaluations from physicians, psychologists, or other individuals deemed by the court qualified to evaluate the alleged impairment. However, although existing law enables the court to order these resources for the respondent, they are paid for by the respondent and financial constraints often preclude them from being provided. This measure will make these resources more available and ultimately help make guardianship and conservatorship procedures more equitable.
Your Committee notes the testimony of the Office of the Public Guardian concerning physician's letters, that they are summaries that make conclusions about a respondent's incapacity, but often lack detailed evaluative testing for IQ, logic, comprehension, memory, and critical thinking, even though this testing is important in evaluating the respondent. Therefore, your Committee believes that physician's letters are not appropriate substitutes for professional evaluations in certain situations and this measure should be amended to specify the certain types of professional evaluations that the court may order in guardianship or conservatorship cases.
Accordingly, your Committee has amended this measure by:
(1) Specifying that a professional evaluation that may be funded by this measure includes but is not limited to a psychological evaluation, neurocognitive evaluation, or functional evaluation;
(2) Replacing legislative findings referencing physician's letters and reports with language specifying that "professional evaluations" includes but is not limited to a psychological evaluation, neurocognitive evaluation, or functional evaluation;
(3) Inserting an effective date of April 23, 2057, to encourage further discussion; and
(4) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
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 H.B. No. 648, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 648, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 1140
Honolulu, Hawaii
, 2025
RE: H.B. No. 648
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 648, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Executive Office on Aging; one member of the Kauaʻi County Council; Hawaii Self-Advocacy Advisory Council; Hawaii Disability Rights Center; AARP Hawaii; Easterseals Hawaii; and three individuals. Your Committee received comments on this measure from the Judiciary and State Council on Developmental Disabilities.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 648, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ KYLE T. YAMASHITA, Chair |
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STAND. COM. REP. NO. 689
Honolulu, Hawaii
, 2025
RE: H.B. No. 648
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 648 entitled:
"A BILL FOR AN ACT RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES,"
begs leave to report as follows:
Your Committee finds that many respondents in guardianship and conservatorship cases cannot afford necessary legal and evaluative services. This measure promotes enhanced equity and procedural fairness in the guardianship and conservatorship system by ensuring that vulnerable individuals, such as those with disabilities, have access to proper representation and assessments.
Your Committee has amended this measure by:
(1) Changing the appropriations to unspecified amounts;
(2) Changing the effective date to July 1, 3000, to encourage further discussion; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider the following appropriation amounts:
(1) $100,000 for the provision of guardianship- and conservatorship‑related court resources in the Probate Court of the First Circuit as part of the pilot program; and
(2) $100,000 for the provision of guardianship- and conservatorship‑related court resources in the Family Court of the First Circuit as part of the pilot program.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 648, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 648, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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Date
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Testimony PDF
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| Mar 31, 2025 | HB648_SD1_TESTIMONY_WAM_03-31-25_.PDF |
| Mar 12, 2025 | HB648_HD1_TESTIMONY_JDC_03-13-25_.PDF |
| Feb 25, 2025 | HB648_HD1_TESTIMONY_FIN_02-25-25_.PDF |
| Feb 12, 2025 | HB648_TESTIMONY_JHA_02-12-25_.PDF |
Discussed in Hearing
4MIN
Conference Committee
3MIN
Conference Committee
3MIN
Conference Committee
2MIN
Conference Committee
21SEC
Senate Floor
5MIN
House Standing Committee on Finance
7MIN
House Standing Committee on Judiciary & Hawaiian Affairs
Bill Author
