Bill Text: HI HB268 | 2010 | Regular Session | Amended

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Bill Title: Land Court; Counties; Recorded Instruments

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB268 Detail]

Download: Hawaii-2010-HB268-Amended.html

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STAND. COM. REP. NO. 1003

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 268

       H.D. 1

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committees on Commerce and Consumer Protection and Judiciary and Government Operations, to which was referred H.B. No. 268, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO LAND COURT,"

 

beg leave to report as follows:

 

     The purpose of this measure is to require the Assistant Registrar of the Land Court to provide an image and index of all instruments that contain real property transactions to the Administrator of the City and County of Honolulu's Real Property Assessment Division so that the Division may serve as a clearinghouse for real property information.

 

     Your Committees received testimony in support of this measure from the County of Hawaii, the City and County of Honolulu, the County of Kauai, and the County of Maui.  Testimony in opposition of this measure was received from the Department of Land and Natural Resources.  Written testimony presented to your Committees may be reviewed on the Legislature's website.

 

     Your Committees find that this measure will help the counties to accurately assess real property taxes as well as to comply with their obligations to maintain accurate records and provide public notification of changes in land use and zoning.  Your Committees note that the counties currently experience a productive, if informal, working relationship with the Office of the Assistant Registrar of the Land Court.  This measure will allow the counties and the Office of the Assistant Registrar to continue those relationships as they currently stand, regardless of changes in administration or personnel.

 

     Your Committees further note the opinion of the City and County of Honolulu that a legislative directive to a specific county is an erosion of the counties' home rule powers.  Without taking a position on this issue, your Committees recognize the authority of the counties to exercise self-governance, to the extent authorized by the Legislature.

 

     Your Committees have amended this measure by:

 

     (1)  Clarifying that the counties may agree to delegate information-gathering and distribution responsibilities to a single county pursuant to memorandum of understanding among the several counties;

 

     (2)  Clarifying that the time limit imposed on the Land Court to deliver or forward the records may be waived in the event of technical computer malfunction that creates an unforeseen delay;

 

     (3)  Specifying that neither the Land Court nor the Real Property Assessment Administrator is obligated to provide information free of charge to a requestor other than a county;

 

     (4)  Changing the effective date to upon approval; and

 

     (5)  Making technical, nonsubstantive changes for the purpose of clarity and accuracy in the language of this measure.

 

     As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Judiciary and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 268, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 268, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Judiciary and Government Operations,

 

____________________________ BRIAN T. TANIGUCHI, Chair		____________________________ ROSALYN H. BAKER, Chair