Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 527, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that service of the notice of hearing to contest the validity or enforcement of a registered order in this State for support or income withholding, shall be made by regular mail instead of personal service or certified mail.

Your Committee received testimony in favor of this measure from the Attorney General.

This measure pertains to the Interstate Family Support Act, which sets out procedures for interstate enforcement of child support orders. This measure also clarifies that the registering tribunal is a tribunal of the state in which a support order is registered. Your Committee finds that the current law is vague and confusing as to the proper forum for contesting the registration of "foreign" order of support from a sister state. This measure clears up that uncertainty.

This measure would require that service of a notice of the hearing to contest the validity or enforcement of a registered order be made by regular mail. In such cases, the party contesting the registration of an order has already been served by way of personal service or certified mail, return receipt requested, or a notice of the registration of the order under other provisions of law. This measure would avoid a duplication of procedures.

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 H.B. No. 527, H.D. 1, and recommends that it pass Third Reading.