STAND. COM. REP. NO. 552

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 335

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 335 entitled:

 

"A BILL FOR AN ACT RELATING TO THE UNIFORM FAMILY LAW ARBITRATION ACT,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to authorize the use of the Uniform Family Law Arbitration Act.

 

     Your Committee received testimony in support of this measure from the Commission to Promote Uniform Legislation.  Your Committee received testimony in opposition to this measure from the Family Law Section of the Hawaii State Bar Association and one individual.

 

     Your Committee finds that state laws vary when it comes to arbitrating family law matters and the purpose of the Uniform Family Law Arbitration Act is to lay a foundation for arbitration of family law issues and standardize the arbitration of those matters.  This measure adopts the Uniform Family Law Arbitration Act to provide an alternative means to settle or resolve family law disputes outside of court.

 

     Your Committee notes the concerns raised in written testimony regarding the exclusion of child-related disputes from the scope of this measure.  Since some of the most contested divorce cases in Family Court involve money and children, allowing the arbitration of all aspects of a contested divorce except child-related disputes, such as custody matters, will likely lead to a Family Court bench trial, thereby resulting in bifurcated litigation and higher costs for the parties.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Adding language from the Uniform Family Law Arbitration Act drafted by the National Conference of Commissioners on Uniform State Laws to expand its scope to include child-related disputes regarding child custody, visitation, or financial support regarding a child;

 

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

 

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

 

     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. 335, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 335, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair