CONFERENCE COMMITTEE REP. NO. 66

Honolulu, Hawaii

, 2019

RE: S.B. No. 1342

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1342, H.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to establish restrictions on donative transfers to protect transferors from coercive, exploitative, or otherwise improper transfers benefitting persons involved with drafting the transfer instrument or persons who have a significant influence over the transferor.

Your Committee on Conference finds that donative transfers to others with whom the drafter of the transferring instrument is in a special relationship, due to blood, marriage, business, or a legal relationship, run the risk of the donative transfer being subject to undue influence. This measure enacts safeguards to ensure that a donative transfer represents the intention of the transferor and is not compromised by an act of the transferee.

Your Committee on Conference has amended this measure by:

(1) Requiring the Chief Justice of the Hawaii Supreme Court to study and analyze the national landscape of donative transfer statutes and suggest revisions to Hawaii's law;

(2) Making the measure effective upon its approval; provided that the restriction on donative transfers shall take effect on July 1, 2020; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1342, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1342, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ CHRIS LEE Chair

____________________________ KARL RHOADS Chair