STAND. COM. REP. NO. 3334

Honolulu, Hawaii

RE:    H.B. No. 2699

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 2699, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM PROBATE CODE,"

begs leave to report as follows:

     The purpose of this measure is to clarify the Uniform Probate Code to:

     (1)  Exempt payable-on-death accounts established at a financial institution from being payable under Hawaii's anti-lapse statute, section 560:2-706, Hawaii Revised Statutes;

     (2)  Require the personal representative to furnish copies of a supplemental inventory or appraisement to interested parties who request it or who requested a copy of the original inventory;

     (3)  Allow the court, for good cause shown, to waive requirements that the kokua kanawai in a guardianship proceeding interview the respondent in person and visit the respondent's present dwelling;

     (4)  Permit the confidential written report of a kokua kanawai to be made available to any nominated guardian and nominated guardian's and respondent's lawyers, among other statutorily designated parties;

     (5)  Allow the court, for good cause shown, to extend the time limit of fourteen days for the order of appointment of guardian and notice of the right to request termination or modification to be sent or delivered to the ward, or to otherwise modify or waive the requirement that the order and notice be sent or delivered; and

     (6)  Allow the court, for good cause shown, to extend the time limit of fourteen days for the order of appointment of a conservator and statement of the right to seek termination or modification to be sent or delivered to the protected person, or to otherwise modify or waive the requirement that the order and statement be sent or delivered. 

     Your Committee received testimony in support of this measure from the Standing Committee on the Uniform Probate Code and Probate Code Practices of the Judiciary of the State of Hawaii.

     Your Committee has amended this measure by changing the effective date to July 1, 2008.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2699, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2699, 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 Labor,

____________________________

BRIAN T. TANIGUCHI, Chair