REPORT TITLE:
Recording Fees

DESCRIPTION:
Authorizes the deposit of a portion of recording and other
collected fees into the Bureau of Conveyances Special Fund and
establishes the Bureau of Conveyances Special Fund.  (HB1172 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1172
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE BUREAU OF CONVEYANCES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 501, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§501-     Fees received at the bureau of conveyances.
 
 5 Notwithstanding any other law to the contrary, of the fees
 
 6 received at the bureau of conveyances, the registrar of
 
 7 conveyances shall deposit to the credit of the state general fund
 
 8 $23 for each document recorded and shall deposit the remaining
 
 9 balance and all fees other than the special mortgage recording
 
10 fee established pursuant to section 431P-16 and conveyance tax
 
11 collected pursuant to section 247-2 to the credit of the bureau
 
12 of conveyances special fund established under section 502-    ."
 
13      SECTION 2.  Chapter 502, Hawaii Revised Statutes, is amended
 
14 by adding a new section to be appropriately designated and to
 
15 read as follows:
 
16      "§502-     Bureau of conveyances special fund.  (a)  There
 
17 is established in the state treasury the bureau of conveyances
 
18 special fund, into which shall be deposited the revenues remitted
 

 
Page 2                                                     1172
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 pursuant to sections 501-    and 502-25, interest earnings,
 
 2 grants, donations, and appropriations from the legislature that
 
 3 shall be held separate and apart from all other moneys, funds,
 
 4 and accounts in the state treasury.
 
 5      (b)  Moneys in the bureau of conveyances special fund may be
 
 6 used by the bureau of conveyances for the following purposes:
 
 7      (1)  Planning, design, construction, and acquisition of
 
 8           equipment, furnishings, and software necessary for the
 
 9           development of the recording system described in this
 
10           chapter and chapter 501;
 
11      (2)  Operating, maintaining, and improving the recording
 
12           system described in this chapter and chapter 501 or any
 
13           other purpose deemed necessary by the bureau of
 
14           conveyances for the purpose of planning, improving,
 
15           developing, operating, and maintaining the recording
 
16           system described in this chapter and chapter 501;
 
17      (3)  Permanent and temporary staff positions for the
 
18           purposes of this chapter and chapter 501; and
 
19      (4)  Administrative costs for the purposes of this chapter
 
20           and chapter 501."
 
21      SECTION 3.  Section 502-25, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
Page 3                                                     1172
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      "§502-25  Fees.(a)  Except when otherwise provided, fees
 
 2 for services rendered under this chapter shall be established by
 
 3 rules adopted by the department of land and natural resources,
 
 4 pursuant to chapter 91.
 
 5      (b)  Notwithstanding any other law to the contrary, of the
 
 6 fees received at the bureau of conveyances, the registrar of
 
 7 conveyances shall deposit to the credit of the state general fund
 
 8 $23 for each document recorded and shall deposit the remaining
 
 9 balance and all fees other than the special mortgage recording
 
10 fee established pursuant to section 431P-16 and conveyance tax
 
11 collected pursuant to section 247-2 to the credit of the bureau
 
12 of conveyances special fund established under section 502-    .
 
13      [(b)] (c)  For recordation of the document of which the
 
14 United States, State of Hawaii, or any county of the State of
 
15 Hawaii, is the grantee, no fees shall be charged."
 
16      SECTION 4.  Section 502-27, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]§502-27[]]  Charges.  [The registrar may authorize any
 
19 person or agency to use original microfilms of documents recorded
 
20 in the bureau of conveyances or filed in the office of the
 
21 assistant registrar of the land court for the purpose of making
 
22 duplicates of such microfilms.  A charge of two cents per frame
 

 
 
 
Page 4                                                     1172
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 for each duplicate film shall be paid to the State; provided that
 
 2 no such charge shall be assessed against any agency of the State
 
 3 of Hawaii or counties thereof. 
 
 4      In addition all costs for duplicating said microfilms shall
 
 5 be borne by the person or agency requesting the use of the
 
 6 microfilms. 
 
 7      All moneys received by the registrar under this section
 
 8 shall be deposited in the general fund of the State.]
 
 9      (a)  Except when otherwise provided, fees for the use of
 
10 microfilms of documents recorded in the bureau of conveyances for
 
11 the purpose of making duplicates shall be established by rules
 
12 adopted by the department of land and natural resources pursuant
 
13 to chapter 91.
 
14      (b)  Frame charges for duplicating said microfilm shall not
 
15 be assessed against any agency of the State or counties thereof."
 
16      SECTION 5.  Act 203, Session Laws of Hawaii 1997, is
 
17 repealed.
 
18      SECTION 6.  The director of finance shall transfer the
 
19 unexpended balance, including encumbrances and accrued
 
20 liabilities, of the bureau of conveyances equipment modernization
 
21 special fund as of the close of business on June 30, 1999, to the
 
22 credit of the bureau of conveyances special fund.  Encumbered
 

 
 
 
Page 5                                                     1172
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 moneys shall continue to be encumbered until paid out or released
 
 2 from prior encumbrances.
 
 3      SECTION 7.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 8.  This Act shall take effect on June 29, 1999,
 
 6 except that sections 1, 3, 4, and 5 shall take effect on July 1,
 
 7 1999.