STAND. COM. REP. NO.  380-14

Honolulu, Hawaii

                , 2014

RE:   S.B. No. 499

      S.D. 1

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 499, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PARTITION OF HEIRS PROPERTY,"

begs leave to report as follows:

The purpose of this measure is to adopt the Uniform Partition of Heirs Property Act, which:

     (1)  Defines "heirs property"; and

     (2)  Establishes a hierarchy of remedies designed to protect a family's holdings and its real property wealth for partition actions involving heirs property.

The Commission to Promote Uniform Legislation provided testimony in support of this measure.  The Judiciary provided comments on this measure.

     After further consideration of this measure, your Committee has amended this measure by:

     (1)  Changing the applicability of the Uniform Partition of Heirs Property Act in section   -3 of the measure from July 1, 2013, to July 1, 2014;

     (2)  Changing its effective date to March 9, 2017; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 499, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 499, S.D. 1, H.D. 2.

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

____________________________

KARL RHOADS, Chair