STAND. COM. REP. NO. 2929

                                   Honolulu, Hawaii
                                                     , 2000

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




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Commerce and Consumer Protection and
Government Operations and Housing, to which was referred H.B.
No. 1983, H.D. 1, entitled: 

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

beg leave to report as follows:

     The purpose of this measure is to streamline procedures for
the conveyance of real property in probate estates by making the
Land Court procedures for the transfer and sale of property
consistent with the procedures under the probate code.

     The Judiciary, Board of Land and Natural Resources, Attorney
Members of the Committee on the Uniform Probate Code and Probate
Court Practices, and Title Guaranty of Hawaii, Inc., submitted
testimony on the measure.

     This measure will make Land Court procedures for the
transfer and sale of real property in probate estates consistent
with the procedures under the probate code by eliminating the
requirement of a court order and authorizing the conveyance or
sale of Land Court property by the filing of the required
documents.  Your Committees find that establishing consistent
procedures for the treatment of real property in probate estates,
regardless of the system of recordation, will reduce probate
costs.


 
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                                   STAND. COM. REP. NO. 2929
                                   Page 2


     This measure also recognizes the right of unincorporated
nonprofit associations to hold title under the Land Court
registration law consistent with rights granted under the Uniform
Unincorporated Nonprofit Association Act and makes other
housekeeping amendments to improve the efficiency of Land Court
property transactions. 

     Your Committees further find that concerns were raised that
allowing the amendment of a certificate of title by the filing of
an affidavit with supporting documents in lieu of petitioning the
Land Court, may affect the integrity of the Land Court
registration process.  Therefore, your Committees have amended
this measure by deleting the proposed amendment to section
501-196, Hawaii Revised Statutes, set forth in section 7 of this
measure, as received, and replacing it with language that
conforms the law to Land Court Rule 65.  As amended, the law
permits a nonsubstantive amendment to a certificate of title
without court approval, or the correction of a clerical error
with court approval.

     Your Committees have also amended this measure by delaying
its effective date to July 1, 2001.

     As affirmed by the records of votes of the members of your
Committees on Commerce and Consumer Protection and Government
Operations and Housing that are attached to this report, your
Committees are in accord with the intent and purpose of H.B.
No. 1983, H.D. 1, as amended herein, and recommend that it pass
Second Reading in the form attached hereto as H.B. No. 1983,
H.D. 1, S.D. 1, and be referred to the Committee on Judiciary.


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



____________________________       ______________________________
ROD TAM, Chair                     BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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