STAND. COM. REP. NO. 418
Honolulu, Hawaii
, 2001
RE: S.B. No. 1113
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 1113 entitled:
"A BILL FOR AN ACT RELATING TO PUBLIC ASSISTANCE,"
begs leave to report as follows:
The purpose of this measure is to clarify the laws regarding liens held by Department of Human Services (DHS). Specifically, this measure:
(1) Clarifies that the DHS is required to annually update its liens for internal accounting purposes only;
(2) Clarifies that recordation requirements apply to both types of liens that DHS may place against real property owned by a person receiving DHS assistance; and
(3) Allows the DHS to initiate a probate proceeding to enforce a real property lien.
Your Committee received testimony in favor of this measure from the Department of Human Services.
Your Committee finds that there are problems with the current laws regarding DHS real property liens. First, the DHS is required to update their real property liens with the bureau of conveyances annually when it is not necessary to effectuate the lien. Second, there is uncertainty as to the recordation requirements. Lastly, the DHS must wait until a probate proceeding is initiated by another party to recover on their real property liens. This measure addresses these problems by eliminating unnecessary work, clarifying current law, and allowing the State to recover moneys more efficiently.
As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1113 and recommends that it pass Second Reading and be referred to the Committee on Commerce, Consumer Protection and Housing.
Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,
____________________________ CAL KAWAMOTO, Chair |
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