STAND. COM. REP. NO. 502-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1983
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 1983 entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to update the Land Court statute
for consistency with other statutory provisions and with
procedures in the Bureau of Conveyances (Regular System).

     Testimony in support of this bill was provided by the Hawaii
Land Title Association and Title Guaranty of Hawaii, Inc.
Testimony in support of sections 5 and 6 of this bill (concerning
sections 501-171 and 501-173, Hawaii Revised Statutes (HRS)) was
provided by the Judiciary and the attorney members of the
Committee on the Uniform Probate Code and Probate Court
Practices.  The Department of Land and Natural Resources provided
testimony in support of the intent of this bill.

     This bill:

     (1)  Adds unincorporated nonprofit associations to the list
          of entities on whose behalf an application for
          registration may be made in Land Court, to eliminate
          uncertainty as to whether Land Court registration is
          consistent with the Uniform Unincorporated Nonprofit
          Association Act, Chapter 429, HRS;


 
 
 
                                 STAND. COM. REP. NO. 502-00
                                 Page 2

 
     (2)  Amends sections 501-171(a) and 501-173, HRS, to
          eliminate the requirement to file a certified copy of
          certain court orders before Land Court property can be
          conveyed by a personal representative, to be consistent
          with informal procedures provided for in the Hawaii
          Probate Code as amended effective 1997;

     (3)  Amends section 501-20 by defining "State" to mean the
          State of Hawaii; and

     (4)  Amends sections 501-102 and 501-108 to require certain
          information regarding the certificate of title for
          recording purposes.

     Your Committee finds that this bill will improve the
administration of probate estates and enhance efficiency of
transactions in Land Court property.

     Upon further consideration, your Committee has amended this
bill by:

     (1)  Adding "if possible" to the proposed addition to
          section 501-108, HRS, to be consistent with section
          502-31, HRS.

     (2)  Amending the portion of this bill that amends section
          501-173, HRS, by:

          (a)  Deleting "ex-parte" from the term "ex-parte
               petition" because it refers to a petition that may
               be either ex parte or by hearing; 

          (b)  Substituting "acknowledgment of authority" for
               "certificate of authority" to use correct
               terminology; 

          (c)  Deleting the phrase "or the attorney for the
               estate of the decedent" because the personal
               representative should sign the affidavit;

          (d)  Revising section 501-196, HRS, to allow a
               certificate of title to be amended to reflect
               certain routine changes by filing an affidavit
               with supporting documentation, rather than by
               filing a petition for a Land Court order.  Your
               Committee finds this change will simplify real
               estate transactions involving property registered
               in Land Court;


 
                                 STAND. COM. REP. NO. 502-00
                                 Page 3

 
          and

     (3)  Making technical, nonsubstantive amendments for
          purposes of style, clarity, and consistency.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 1983, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
1983, H.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair