Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2608 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that the provisions of Act 161, Session Laws of Hawaii, 2004, relating to guardianship and protective proceedings, do not affect actions brought or rights accrued prior to January 1, 2005.

Testimony in support of the measure was provided by the Standing Committee on the Uniform Probate Code and Probate Court Practices of the Judiciary of the State of Hawaii.

Your Committee on Judiciary and Hawaiian Affairs finds that the language in this measure is already in section 38 of Act 161, Session Laws of Hawaii, 2004, but that this language is not currently in chapter 560, Hawaii Revised Statutes. Adding this language to chapter 560 may help practitioners and pro se litigants understand that the statutory changes made to chapter 560 by Act 161, Session Laws of Hawaii, 2004, do not apply to actions or proceedings commenced prior to January 1, 2005.

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 S.B. No. 2608 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.