STAND. COM. REP. NO.  35-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2145

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred H.B. No. 2145 entitled:

"A BILL FOR AN ACT RELATING TO UNCLAIMED PROPERTY,"

beg leave to report as follows:

     The purpose of this bill is to allow claimants of unclaimed property held by the State to assert ownership through an affidavit if the claimant is unable to present documentation of ownership requested by the State.

     The Department of Budget and Finance opposed this bill.  A concerned individual offered comments.

     Concerns were raised that by allowing individuals to assert ownership of unclaimed property solely on the basis of an affidavit, this bill may lead to possible abuses through the submission of false affidavits.

     Accordingly, your Committees have amended this bill by:

     (1)  Requiring the submitted affidavit to be:

          (A)  Notarized; and

          (B)  Signed under penalty of perjury;

     (2)  Providing that property claimed solely through an affidavit may not have a value that exceeds an unspecified amount; and

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

     As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2145, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2145, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary,

____________________________ TOMMY WATERS, Chair

____________________________ ROBERT N. HERKES, Chair