STAND. COM. REP. NO. 1459

Honolulu, Hawaii

RE:    H.B. No. 1235

       H.D. 1

       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 H.B. No. 1235, H.D. 1, 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 to resolve certain family law and child-related disputes.

     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.

     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 comments submitted by the Department of the Attorney General regarding a potential conflict between the process established in this measure to modify a confirmed award or judgment and the Department's requirements under federal law to review and modify child support orders for children receiving Temporary Assistance for Needy Families or by request from either parent.

     Accordingly, your Committee has amended this measure by:

     (1)  Adopting the language suggested by the Department of the Attorney General that clarifies that if a party requests a modification of a confirmed award or judgment, the parties shall proceed under a dispute-resolution method specified in the award of judgment unless otherwise authorized under state or federal law;

     (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 H.B. No. 1235, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1235, H.D. 1, 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