STAND. COM. REP. NO. 427-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1891

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred H.B. No. 1891 entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM RECOGNITION AND ENFORCEMENT OF CANADIAN DOMESTIC-VIOLENCE PROTECTION ORDERS ACT,"

begs leave to report as follows:

The purpose of this measure is to adopt the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act.

Your Committee received testimony in support of this measure from the Commission to Promote Uniform Legislation. Your Committee received comments on this measure from the Department of the Attorney General and Hawaii Association for Justice.

Your Committee finds that this uniform act was developed by the National Conference of Commissioners on Uniform State Laws with input from judges and practicing lawyers from the United States and Canada. To date, this act has been adopted in California, Delaware, Minnesota, Nevada, North Dakota, Washington, and Wisconsin. This measure provides for State recognition and enforcement of a valid order of protection obtained in a court of Canada.

Your Committee has amended this measure by:

(1) Clarifying that a person who violates a valid Canadian domestic-violence protection order is subject to penalties under Hawaii law;

(2) Making a conforming amendment that clarifies that foreign protective orders from a court or tribunal of Canada are recognized and enforced as if it were an order issued in Hawaii;

(3) Changing the effective date to July 1, 2060, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1891, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1891, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

RYAN I. YAMANE, Chair