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H.B. No. 0158 |
Rule against perpetuities. |
Sponsored By: Representative(s)
Brown, Gingery and Krone
AN ACT relating to property;
providing that only interests in real property must vest as specified;
providing that trusts holding property other than interests in real property
shall continue as specified; and providing for an effective date.
1/14/2011 Bill Number
Assigned
1/17/2011 H
Received for Introduction
1/18/2011 H
Introduced and Referred to H01
1/25/2011 H01
Recommended Do Pass
ROLL CALL
Ayes:
Representative(s) Barbuto, Brechtel, Brown, Cannady, Greene, Krone and
Throne
Nays:
Representative(s) Nicholas, B. and Peasley
Ayes 7 Nays 2 Excused
0 Absent 0 Conflicts 0
1/25/2011 H
Placed on General File
1/26/2011 H
Passed CoW
1/27/2011 H
Passed 2nd
1/28/2011 H
Passed 3rd
ROLL CALL
Ayes:
Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brown,
Buchanan, Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft,
Edmonds, Eklund, Esquibel, K., Freeman, Gingery, Greear, Greene, Harshman,
Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Loucks, Lubnau, Madden,
McKim, McOmie, Miller, Moniz, Nicholas, B., Patton, Pederson, Petersen,
Petroff, Quarberg, Roscoe, Semlek, Shepperson, Steward, Stubson, Teeters,
Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays:
Representative(s) Brechtel and Peasley
Excused:
Representative(s) Davison, Gay, Goggles and Lockhart
Ayes 54 Nays 2 Excused
4 Absent 0 Conflicts 0
1/28/2011 S
Received for Introduction
1/31/2011 S
Introduced and Referred to S01
2/11/2011 S01
Recommended Do Pass
ROLL CALL
Ayes: Senator(s)
Burns, Christensen, Esquibel, F., Hicks and Perkins
Ayes 5 Nays 0 Excused
0 Absent 0 Conflicts 0
2/11/2011 S
Placed on General File
2/16/2011 S
Passed CoW
HB0158S2001/ADOPTED
Page 1-line 4 After "specified;" insert "specifying
time limits for trust provisions regarding the management and sale of real
property and mineral interests;".
Page 3-line 24 Delete "(a) and (c)" insert "(a), (c) and (e)".
Page 4-after line 3 Insert:
"(e) No trust shall contain restrictions on the sale
or specific management of real property, including mineral interests, which are
in effect for longer than twenty-one (21) years after the life of the youngest
trust beneficiary. This prohibition applies whether the real property is owned
directly or through another entity. A
trust may contain general durable restrictions or guidelines as to the degree
of prudence or risk taking to be used in the management of real property or
mineral interests.". SCOTT
2/17/2011 S Laid Back Pursuant to SR 10-4(a)
HB0158S2002/ADOPTED
Delete Scott Second Reading
Amendment (HB0158S2001/A) entirely and further amend as follows:
Page 4-line 1 Delete and insert: "shall not
include a mineral interest or an". NICHOLAS
2/18/2011 S Passed 2nd
2/22/2011 S Failed 3rd
ROLL CALL
Ayes: Senator(s)
Geis, Hastert, Hicks, Martin, Nicholas, P., Nutting, Rothfuss, Schiffer and Von
Flatern
Nays: Senator(s)
Excused:
Senator(s) Emerich
Ayes 9 Nays 20 Excused
1 Absent 0 Conflicts 0