STAND. COM. REP. NO. 1214

Honolulu, Hawaii

RE:    H.B. No. 909

       H.D. 2

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 909, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Family Court to:

     (1)  Issue financial restraining orders during proceedings for annulment, divorce, or separation; and

     (2)  Consider any unauthorized dissipation of marital assets when ordering payment of attorney's fees pursuant to a child custody, support, or maintenance order.

     Your Committee finds that this measure protects parties to annulment, divorce, or separation proceedings by requiring the Family Court to issue financial restraining orders under certain conditions.  In addition, this measure may deter the improper dissipation of marital assets by allowing the Family Court to consider a party's misuse of assets when ordering the payment of attorney's fees. 

     Your Committee has amended this measure by changing the effective date from July 1, 2050, to July 1, 2051, to allow for further discussion. 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 909, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 909, H.D. 2, S.D. 2.

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

____________________________

CLAYTON HEE, Chair