STAND. COM. REP. NO. 1334
Honolulu, Hawaii
, 2005
RE: H.B. No. 1453
H.D. 1
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1453, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO ANIMALS,"
begs leave to report as follows:
The purpose of this measure is to allow pet owners to provide for the future care of their pets by validating trusts for domestic or pet animals.
Testimony in support of this measure was submitted by the Office of the Governor, the Hawaiian Humane Society, and three individuals.
Your Committee finds that this measure recognizes the validity of trusts created for the future care and maintenance of a designated domestic or pet animal upon the death of its owner. This measure also establishes standards relating to the interpretation of the trust instrument, disposition of trust assets, and the appointment and role of a trustee.
Your Committee has amended this measure by:
(1) Clarifying that a court may modify the amount of property transferred from the testator's estate to the trust if the amount intended substantially exceeds the amount required and there is no substantial adverse impact in the care, maintenance, health, or appearance of the designated domestic or pet animal; and
(2) Making technical, non-substantive amendments for purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1453, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1453, 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 Hawaiian Affairs,
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____________________________ COLLEEN HANABUSA, Chair |
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