CONFERENCE COMMITTEE REP. NO. 31-10

 

Honolulu, Hawaii

                 , 2010

 

RE:    H.B. No. 2061

       H.D. 1

       S.D. 2

       C.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir and Madam:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2061, H.D. 1, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO CHILDREN,"

 

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 bill is to assist members of the United States Armed Forces, Armed Forces Reserves, and National Guard by statutorily establishing a process by which the family court can resolve matters regarding child custody and visitation for those members whose military duties require temporary absences.

 

     Your Committee on Conference has amended this bill by extensively revising its provisions to provide, among other things:

 

     (1)  Definitions for "deployment" and "deployed," "deploying parent" and "deployed parent," "military service," and "other parent";

 

     (2)  That the provisions of the new part added by this bill will only apply to actions initiated under the Annulment, Divorce, and Separation, and Uniform Parentage Act chapters of the Hawaii Revised Statutes;

 

     (3)  That each parent must cooperate and provide necessary information, including notification of deployment at least 60 days prior to the likely start of the deployment if known, or within ten days of the deploying parent's receipt of deployment orders;

 

     (4)  That the Family Court may expedite custody hearings involving deploying parents and may allow already-deployed parents to participate in custody hearings using specified electronic means;

 

     (5)  That deployment or the potential for future deployment must not be the sole factor in custody awards and that if deployment or the potential for future deployment results in a modification of prior custody or visitation terms, the court must include specified conditions;

 

     (6)  Authorization to the Family Court to include specified requirements for visitation and contact; and

 

     (7)  That a deployed parent's contact rights may be delegated to specified individuals during the deployed parent's deployment with certain conditions.

 

     Your Committee on Conference has also amended this bill by:

 

     (1)  Changing the effective date to August 1, 2010; and

 

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     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. 2061, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2061, H.D. 1, S.D. 2, C.D. 1.

 


Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

WILL ESPERO, Chair

 

____________________________

JOHN M. MIZUNO, Co-Chair

____________________________

SUZANNE CHUN OAKLAND, Co-Chair

 

____________________________

ANGUS L.K. MCKELVEY, Co-Chair

____________________________

BRIAN T. TANIGUCHI, Co-Chair

 

____________________________

TOM BROWER, Co-Chair