STAND. COM. REP. NO.1515

Honolulu, Hawaii

, 2001

RE: H.B. No. 526

H.D. 1

S.D. 1

 

 

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. 526, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHILD SUPPORT ENFORCEMENT,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Comply with federal statutory requirements for an expedited child support enforcement process;

(2) Clarify child support lien priorities and procedures; and

(3) Streamline the child support enforcement process.

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

Your Committee finds that the amendments made to these child support laws are necessary to maintain eligibility for federal welfare funds and federal funding of child support enforcement programs. Your Committee further finds that it is important for the child support enforcement process to run more efficiently. This measure would improve the process by:

(1) Amending various sections of the Hawaii Revised Statutes to bring them into compliance with the Social Security Act;

(2) Clarifying that liens arise upon the establishment of public assistance debt resulting from the support of the child without the need for judicial notice or hearing;

(3) Clarifying the process of filing and servicing the lien and what the notice of child support lien shall include;

(4) Clarifying the types of liens the various child support enforcement provisions affect;

(5) Clarifying that amendments to child support liens can be made and take effect upon proper service;

(6) Clarifying the circumstances when a lien is enforceable by the child support enforcement agency without necessity of obtaining a court order;

(7) Clarifying the dispute procedures for the obligor of the child support;

(8) Requiring that financial institutions include the names and last known address of all account holders of any account that was shared with a holder who is past due in child support;

(9) Clarifying when the agency must serve a party with notice, and the method of that service; and

    (10) Providing that the family court of the circuit where an administrative order was filed, is the appropriate court of review.

Your Committee has amended this measure by:

(1) Requiring certain licensing authorities to obtain the social security numbers of applicants, on the recommendation of the Attorney General;

(2) Allowing video or audio explanations describing the effect of acknowledging paternity, which was deleted by House Draft 1;

(3) Inserting an effective date of July 1, 2050, to continue discussion on this measure because of the concern with possible title problems; and

(4) Making technical, nonsubstantive amendments to comport with proper drafting.

Your Committee notes that the amendments requiring that social numbers be included in applications for hunting and fishing are to satisfy federal law. Title 42 United States Code section 654(20), entitled state plan for child and spousal support, requires states to "have in effect all of the laws to improve child support enforcement effectiveness". Title 42 United States Code section 666(a)(13), relating to statutorily prescribed procedures to improve effectiveness of child support enforcement, requires states to have in effect laws "requiring that the social security number of any applicant for a professional license, commercial driver's license, occupational license, recreational license, or marriage license be recorded on the application."

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. 526, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 526, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

BRIAN KANNO, Chair