HB2623. Spouse or Reciprocal Beneficiary; Tenancy by the Entirety; Trust

Hawaii State Legislature. 2012 Regular Session. House of Representatives.

Introduced:
Jan 24, 2012
Last Action:
Jul 06, 2012
(S) Act 209, 7/3/2012 (Gov. Msg. No. 1312).

State legislative information provided by LegiNation, Inc. and LegiScan, Inc. Some information also from Open States.

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History

Jan 24, 2012: (H) Pending introduction.

Jan 25, 2012: (H) Introduced and Pass First Reading.

Jan 25, 2012: (H) Referred to JUD, referral sheet 7

Jan 27, 2012: (H) Bill scheduled to be heard by JUD on Tuesday, 01-31-12 2:00PM in House conference room 325.

Jan 31, 2012: (H) The committees on JUD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 14 Ayes: Keith-Agaran, Rhoads, Brower, Cabanilla, Carroll, Herkes, Ito, Luke, McKelvey, Souki, Tsuji, Fontaine, Marumoto, Thielen; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Coffman.

Mar 01, 2012: (H) Reported from JUD (Stand. Com. Rep. No. 675-12) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading.

Mar 01, 2012: (H) Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Herkes excused (1).

Mar 06, 2012: (H) Passed Third Reading with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.

Mar 08, 2012: (S) Received from House (Hse. Com. No. 272).

Mar 08, 2012: (S) Passed First Reading.

Mar 08, 2012: (S) Referred to JDL.

Mar 23, 2012: (S) The committee(s) on JDL has scheduled a public hearing on 03-28-12 10:00AM in conference room 016.

Mar 28, 2012: (S) The committee(s) on JDL recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDL were as follows: 4 Aye(s): Senator(s) Hee, Shimabukuro, Gabbard, Slom; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Ihara.

Apr 05, 2012: (S) Reported from JDL (Stand. Com. Rep. No. 3201) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading.

Apr 05, 2012: (S) Report adopted; Passed Second Reading, as amended (SD 1).

Apr 05, 2012: (S) 48 Hrs. Notice 04-10-12.

Apr 10, 2012: (S) Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

Apr 10, 2012: (H) Returned from Senate (Sen. Com. No. 646) in amended form (SD 1).

Apr 12, 2012: (H) House disagrees with Senate amendment (s).

Apr 13, 2012: (S) Received notice of disagreement (Hse. Com. No. 547).

Apr 16, 2012: (H) House conferees appointed: Keith-Agaran Chair; Ito, Tsuji, Thielen.

Apr 17, 2012: (S) Received notice of appointment of House conferees (Hse. Com. No. 612).

Apr 17, 2012: (S) Senate Conferees appointed: Hee, Chair; Shimabukuro, Co-Chair(s); Slom.

Apr 17, 2012: (H) Received notice of Senate conferees (Sen. Com. No. 759).

Apr 19, 2012: (H) Bill scheduled for Conference Committee Meeting on Friday, 04-20-12 2:30PM in conference room 325.

Apr 20, 2012: (H) Conference Committee Meeting will reconvene on Tuesday 04-24-12 2:30PM in conference room 325.

Apr 24, 2012: (H) Conference Committee Meeting will reconvene on Wednesday 04-25-12 2:35PM in conference room 325.

Apr 25, 2012: (H) The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Keith-Agaran, Ito, Tsuji; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Thielen.

Apr 25, 2012: (S) The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Hee, Shimabukuro; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Slom.

Apr 26, 2012: (H) Reported from Conference Committee (Conf Com. Rep. No. 35-12) as amended in (CD 1).

Apr 26, 2012: (H) Forty-eight (48) hours notice Tuesday, 05-01-12.

Apr 26, 2012: (S) Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 35-12).

Apr 26, 2012: (S) 48 Hrs. Notice (as amended CD 1) 05-01-12.

May 01, 2012: (H) Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Ching excused (1).

May 01, 2012: (S) Passed Final Reading, as amended (CD 1). 25 Aye(s); Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.

May 01, 2012: (H) Received notice of Final Reading (Sen. Com. No. 831).

May 02, 2012: (S) Received notice of passage on Final Reading in House (Hse. Com. No. 720).

May 07, 2012: (H) Transmitted to Governor.

Jul 06, 2012: (H) Act 209, on 7/3/2012 (Gov. Msg. No. 1312).

Jul 06, 2012: (S) Act 209, 7/3/2012 (Gov. Msg. No. 1312).

Summary

Specifies that real property held in tenancy by the entirety shall continue to have the same immunity from the claims of separate creditors of spouses or reciprocal beneficiaries if conveyed into a joint or separate revocable trust, under certain circumstances. Requires adequate notice in the conveyance document to note tenants by the entirety protection continues after the real property is transferred to the trust. Clarifies that the real property will be governed by the trust instrument. Allows spouses or reciprocal beneficiaries to waive the protection in favor of specific creditors. Effective July 1, 2012. (HB2623 CD1)