CONFERENCE COMMITTEE REPORT NO. 56

                            Honolulu, Hawaii
                                            , 2000

                            RE:   S.B. No. 2480
                                  S.D. 1
                                  H.D. 1
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 2480, S.D. 1, H.D. 1, entitled:  

     "A BILL FOR AN ACT RELATING TO ANNULMENT, DIVORCE, AND
     SEPARATION," 

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 give the Family Courts
discretion to permit service by mail in lieu of publication where
a plaintiff files an affidavit attesting to improverishment and
that the whereabouts of the defendant are unknown.

     Your Committee on Conference finds that the provisions of
this bill will assist those with low incomes in changing their
marital status.  Until January 1, 2000, the Hawaii Family Court
Rules, independent of statutory authority, allowed indigent
people seeking to divorce their missing spouses an alternative to
notice by publication.  The rules allowed the plaintiff to send a

 
a                                                     
                            CONFERENCE COMMITTEE REPORT NO. 56
                            Page 2



copy of the complaint and summons to the spouse at the spouse's
last known address by registered or certified mail in lieu of
service by publication.  The repeal of this Family Court Rule has
adversely affected indigent individuals who may wish to get a
divorce, but are prevented from obtaining such, because they
cannot afford the publication costs.

     After careful consideration, your Committee on Conference
has amended this measure by requiring the posting of the
pleadings and process at the courthouse in which the papers were
filed, in addition to service by mail in lieu of publication, in
order to address any due process challenges.  As an additional
safeguard, your Committee on Conference has amended this measure
by requiring that service of an additional copy of the pleadings
be made on the defendant's closest known relative, if any can be
found.

     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 S.B. No. 2480, S.D. 1, H.D. 1, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as S.B. No. 2480, S.D. 1, H.D. 1, C.D. 1.

                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE




_____________________________     _______________________________
SEN. AVERY B. CHUMBLEY            REP. ERIC HAMAKAWA
Co-Chair                          Chair



_____________________________     
SEN. MATTHEW M. MATSUNAGA
Co-Chair



 
a