CONFERENCE COMMITTEE REP. 22-02
Honolulu, Hawaii
, 2002
RE: H.B. No. 2120
H.D. 1
S.D. 1
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2120, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT,"
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 adopt the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA:
(1) Assigns priority to home state custody;
(2) Provides continuing exclusive jurisdiction to the state that makes the initial custody determination, so long as a party to the original custody determination remains in that state;
(3) Authorizes enforcement proceedings in a state other than the state issuing the custody order;
(4) Provides an expedited process to enforce interstate child custody and visitation orders;
(5) Authorizes the Attorney General and county prosecutors to locate the child and enforce custody orders; and
(6) Provides uniformity among the states.
The UCCJEA was drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1997 to replace the Uniform Child Custody Jurisdiction Act of 1968, codified in chapter 583, Hawaii Revised Statutes (HRS). The NCCUSL's commentary to the UCCJEA provides guidance in interpreting the UCCJEA.
Your Committee on Conference has amended this bill by:
(1) Requiring a court to schedule a hearing on the first judicial day possible when the hearing is either:
(A) To enforce a child-custody determination; or
(B) To issue a warrant to take physical custody of a child in connection with a proceeding to enforce a child-custody determination;
(2) Inserting a savings clause to preserve existing powers, rights, penalties, and pending proceedings when the UCCJEA becomes effective and chapter 583, HRS, is repealed; and
(3) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.
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 H.B. No. 2120, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2120, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ BRIAN KANNO, Chair |
____________________________ BLAKE K. OSHIRO, Chair |
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