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HI HB2041
Bill
Status
3/4/2014
Primary Sponsor
Angus McKelvey
Click for details
AI Summary
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Voids any provision in a franchise agreement that restricts jurisdiction or venue to a forum outside of Hawaii for claims arising under or relating to a franchise in Hawaii.
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Addresses Hawaii's physical isolation by preventing franchisees from being forced to adjudicate disputes thousands of miles away, which would be cost-prohibitive and prevent access to legal protections.
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Ensures franchise disputes involving Hawaii conduct, witnesses, and physical evidence are resolved in Hawaii courts where judicial precedent can develop to inform interpretation of Hawaii franchise law.
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Adds new subsection (d) to Section 482E-5, Hawaii Revised Statutes, establishing that out-of-state forum selection clauses in franchise agreements are void.
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Effective date: July 1, 2112.
Legislative Description
Franchise; General Provisions
Last Action
The committee on JDL deferred the measure.
4/1/2014