STAND. COM. REP. NO.935

Honolulu, Hawaii

, 2001

RE: S.B. No. 1452

S.D. 1

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred S.B. No. 1452, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this bill is to make various housekeeping amendments to statutes relating to the land court, chapter 501, Hawaii Revised Statutes, by:

(1) Allowing for discreet corrections to the certificate of title. Currently, the Assistant Registrar cannot accept the documents for recordation;

(2) Allowing the probate court to issue a document certifying the powers of an authorized foreign personal representative to distribute the registered land or estate of a decedent; and

(3) Enabling an authorized foreign personal representative, having obtained the certified acknowledgement of authority from the probate court, to sell and convey the registered land or estate of the decedent to another party.

The Department of Land and Natural Resources and the Judiciary testified in support of this measure with amendments.

Your Committee has amended this bill by deleting its substance and inserting the substance of H.B. No. 998, H.D. 2, which passed Third Reading in the House earlier this session. As amended, this bill is similar to the S.D. 1 version except that it specifies that an endorsement of the current certificate of title may, rather than shall, be required, if the certificate reference in the instrument is not current, rather than is incorrect or absent.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1452, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1452, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water and Land Use,

____________________________

EZRA KANOHO, Chair