STAND. COM. REP. NO.  1128

 

Honolulu, Hawaii

                , 2015

 

RE:   S.B. No. 1066

      S.D. 1

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 1066, S.D. 1, H.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to update the Uniform Interstate Family Support Act originally adopted in 1997.

 

     More specifically, this measure:

 

     (1)  Adopts amendments to the Uniform Interstate Family Support Act proposed in 2001 by its authors, the Uniform Law Commission, that refined jurisdictional rules, clarified how a controlling order is determined and reconciled when multiple state orders are issued, distinguished court jurisdiction for support enforcement and for child custody purposes, provided guidance to state support enforcement agencies, covered foreign country support orders, and made technical amendments;

 

     (2)  Updates the Uniform Interstate Family Support Act to reflect requirements of the Hague Convention of the International Recovery of Child Support and Other Forms of Family Maintenance to which the United States became a signatory in 2007; and

 

     (3)  Provides procedures for registration, recognition, enforcement, and modifications of support orders from countries that are parties to the Hague Convention.

 

     Your Committee received testimony in support of this measure from the Department of the Attorney General and Commission to Promote Uniform Legislation.

 

     Your Committee finds that since 1998, the Uniform Interstate Family Support Act (UIFSA) has been adopted by all fifty states, including Hawaii.  UIFSA has provided uniform rules for the enforcement of family support orders in the United States, and has served as the basis for interstate establishment and enforcement of family support obligations.  The 2014 federal Preventing Sex Trafficking and Strengthening Families Act, enacted as Public Law 113-183, requires all states to enact any amendments to UIFSA that were officially adopted as of September 30, 2008, by the Uniform Law Commission.  These amendments, among other things, implement various provisions of the Hague Convention of the International Recovery of Child Support and Other Forms of Family Maintenance.

 

     Your Committee further finds that the amendments made by this measure will bring state law into compliance with the requirements of Public Law 113-183.  Your Committee also notes that, if these amendments are not adopted during the Regular Session of 2015, the State may lose significant federal funds necessary to discharge its child support enforcement obligations.

 

     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 S.B. No. 1066, S.D. 1, H.D. 1, and recommends that it be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

KARL RHOADS, Chair