STAND. COM. REP. NO.  388-10

 

Honolulu, Hawaii

                , 2010

 

RE:   H.B. No. 2061

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred H.B. No. 2061 entitled:

 

"A BILL FOR AN ACT RELATING TO CHILDREN,"

 

begs leave to report as follows:

 

     The purpose of this bill is to assist parents who serve in the United States (U.S.) Armed Forces or are public officials by requiring that the Family Court not unduly consider temporary absences related to official duties when determining the best interests of the child in custody and visitation hearings.

 

     The Department of Defense, Oahu Veterans Council, Military Officers Association of America-Hawaii Chapter, The Chamber of Commerce of Hawaii, and a concerned individual testified in support of this bill.  The U.S. Department of Defense and a concerned individual supported this measure with amendments.  The Judiciary provided comments.

 

     Your Committee respectfully acknowledges the importance of the military to the economic health and well-being of the state.  Military families especially contribute their resources, both financial and personal, to the betterment of the entire community.

 

     Accordingly, your Committee has amended this bill by deleting its contents and replacing them with provisions that statutorily establishes a process by which the Family Court can resolve matters regarding custody and visitation for members of the U.S. armed forces, armed forces reserves, and National Guard when the military duties of the service member require a temporary absence.  This process provides, among other things:

 

     (1)  That any modification to an existing custody or visitation order that takes place during a service member's temporary absence will be temporary;

 

     (2)  Family Court judges the ability to expedite custody and visitation hearings under certain circumstances; and

 

     (3)  That absent service members may use electronic means, under certain circumstances, to present testimony and evidence for custody and visitation hearings.

 

     Your Committee has also amended this bill by changing the effective date to July 1, 2050, to encourage further discussion, and making technical, nonsubstantive amendments for clarity, style, and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2061, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2061, H.D. 1, and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

 

 

 

____________________________

JOHN M. MIZUNO, Chair