2008 House Bill 6540

Revise rule against "perpetuities”

Introduced in the House

Oct. 15, 2008

Introduced by Rep. Paul Condino (D-35)

To exempt real property held in certain trusts from the law against "perpetuities.” "Perpetuities" is a legal doctrine intended to prevent assets from being tied-up in long-term family or "dynasty" trusts. However, the law has had the effect of causing trusts to be set up in other states.

Referred to the Committee on Judiciary

Dec. 2, 2008

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Dec. 3, 2008

Substitute offered

To replace the previous version of the bill with one that revises details of the perpetual trust law passed several months earlier, but which does not expand the scope of that law to include real property. This version was subsequently superseded by another substitute with more changes.

The substitute passed by voice vote

Substitute offered by Rep. Tonya Schuitmaker (R-80)

To replace the previous version of the bill with one that revises details of the perpetual trust law passed several months earlier, but which does not expand the scope of that law to include real property.

The substitute passed by voice vote

Passed in the House 105 to 1 (details)

To refine a detail of the <a href="http://www.michiganvotes.org/2008-HB-5909">new law</a> that allowed for the creation of perpetual trusts involving personal property, so that the new law does what was intended. See House Fiscal Agency <a href="http://www.legislature.mi.gov/documents/2007-2008/billanalysis/House/htm/2007-HLA-6539-3.htm">analysis</a> for details.

Received in the Senate

Dec. 4, 2008

Referred to the Committee on Judiciary

Dec. 19, 2008

Reported without amendment

With the recommendation that the bill pass.