STAND. COM. REP. NO. 41

Honolulu, Hawaii

, 2001

RE: S.B. No. 1002

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 Health and Human Services, to which was referred S.B. No. 1002 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.

Testimony in support was received by the Department of 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. Your Committee believes that process will be improved 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 making technical, nonsubstantive changes, and inserting statutory language missing in section 576E-4, Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1002, as amended herein, and recommends that it pass

Second Reading in the form attached hereto as S.B. No. 1002, S.D. 1, and be referred to the Committee on Judiciary.

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

____________________________

DAVID MATSUURA, Chair