STAND. COM. REP. NO. 2505

Honolulu, Hawaii

RE:    S.B. No. 2318

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2318, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, to ensure that only one state has jurisdiction at any one time in adult guardianship cases and protective proceedings;

     (2)  Adopt guidelines to specify which court has jurisdiction to appoint a guardian or conservator for an incapacitated adult; and

     (3)  Prioritize the states that may claim jurisdiction.

     Your Committee did not receive testimony for this measure.

     Your Committee finds that the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act provides uniformity and reduces conflict among state jurisdictions.  The Act deals primarily with jurisdictional, transfer, and enforcement issues relating to adult guardianships and protective proceedings.  To date, approximately thirty jurisdictions, including the District of Columbia, have adopted the Act with four other states, including Hawaii, considering its adoption.

     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 S.B. No. 2318, S.D. 1, and recommends that it pass Third Reading.

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

____________________________

CLAYTON HEE, Chair