STAND. COM. REP. NO.  219

 

Honolulu, Hawaii

                , 2011

 

RE:   H.B. No. 871

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committees on Human Services and International Affairs, to which was referred H.B. No. 871 entitled:

 

"A BILL FOR AN ACT RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT,"

 

beg leave to report as follows:

 

     The purpose of this bill is to update the Uniform Interstate Family Support Act (UIFSA) to:

 

(1)  Reflect the changes made to UIFSA by the National Conference on Commissioners on Uniform State Laws; and

 

(2)  Include the requirements of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

 

     Your Committees' understanding is that the State is in compliance with section 466(f) of the Social Security Act (42 U.S.C. §666(f)), which specifically requires states to adopt the 1996 version of UIFSA.  Your Committees note the concerns raised by the Department of the Attorney General (AG) that unless and until federal law is changed to require states to adopt this version of UIFSA, Hawaii will be out of compliance with existing federal law should this bill pass.  The AG has also raised inconsistencies in the wording and application of definitions contained in the bill.  Your Committees believe that this bill merits further consideration and therefore request the House Committee on Judiciary to consider this bill and the concerns raised by the AG.

 

     The Commission to Promote Uniform Legislation testified in support of this measure.  The AG testified in opposition to this measure.

 

     Your Committees have amended this bill by:

 

     (1)  Extending the effective date of this bill to July 1,               2020, to facilitate continued discussion; and

 

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

 

     As affirmed by the records of votes of the members of your Committees on Human Services and International Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 871, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 871, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committees on Human Services and International Affairs,

 

 

____________________________

KAREN L. AWANA, Chair

 

____________________________

JOHN M. MIZUNO, Chair