STAND. COM. REP. NO. 706
Honolulu, Hawaii
, 2005
RE: H.B. No. 1453
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 1453 entitled:
"A BILL FOR AN ACT RELATING TO ANIMALS,"
begs leave to report as follows:
The purpose of this bill is to enable pet owners to provide for the future care of their pets by validating trusts for domestic or pet animals.
The Hawaiian Humane Society and numerous concerned individuals testified in support of this bill.
Your Committee finds that this bill would allow pet owners to ensure that their pets are provided for following the pet owner's death or incapacitation.
Your Committee has amended this bill by:
(1) Clarifying that the provision limiting the trustee's use of the trust's principal or income to the trust's purposes apply notwithstanding the powers accorded trustees under section 554A-3, Hawaii Revised Statutes (HRS);
(2) Allowing the Revisor of Statutes to determine the proper placement of the proposed new provision;
(3) Specifying that upon termination of the trust, and if the trust instrument or residuary clause in the transferor's will does not direct or otherwise provide for the disposition of unexpended trust property, the trustee must transfer the unexpended trust property to the transferor's heirs in accordance with section 560:2-711, HRS;
(4) Providing that the provisions of this bill apply to governing instruments executed on or after the effective date of this measure; and
(5) Making technical, nonsubstantive amendments for clarity 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 H.B. No. 1453, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1453, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ SYLVIA LUKE, Chair |
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