CONFERENCE COMMITTEE REP. NO. 55-14

Honolulu, Hawaii

                 , 2014

RE:    H.B. No. 2163

       H.D. 2

       S.D. 1

       C.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2163, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PARENTAL PARITY,"

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 measure is to require the court to balance the interests of parents involved in a divorce proceeding by:

(1)  Requiring the court to consider frequent, continuing, and meaningful contact with each parent when awarding custody of a minor child unless the court finds that one or both parents are unable to act in the best interests of the child;

(2)  Requiring the court to consider any necessary reduction in employment due to the needs of a dependent child and wasting of assets when ordering spousal support and maintenance; and

(3)  Establishing that in the division and distribution of property as a result of a divorce, any value given for a joint investment or asset is presumed to be a joint gift, except when assets are inherited.

     Your Committee on Conference has amended this measure by:

(1)  Specifying that the wasting of assets to be considered when ordering spousal support and maintenance applies only to parents; and

(2)  Specifying that the presumption of a joint gift when dividing property as a result of a divorce:

(A)  Applies only to parents; and

(B)  Is a rebuttable presumption.

     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. 2163, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2163, H.D. 2, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

________________________________ CLAYTON HEE, Chair	____________________________ MELE CARROLL, Co-Chair
________________________________ MAILE S.L. SHIMABUKURO, Co-Chair	____________________________ KARL RHOADS, Co-Chair