Report Title:

Bureau of Conveyances; Counties; Recorded Instruments

 

Description:

Requires the registrar of the bureau of conveyances to provide, within 10 days and free of charge, an image and index of all instruments that contain real property transactions each week to the administrator of the real property division of a county, to be agreed upon in a memorandum of understanding among the counties.  Effective date 1/1/46.  (SD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

269

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO REAL PROPERTY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to enable the counties to promptly track property ownership, encumbrances, restrictions, uses, and sales prices of real property for the purpose of determining real property tax assessments.  This Act requires the registrar of the bureau of conveyances to provide the administrator of the real property assessment division of a county, as agreed upon by memorandum of understanding among the several counties, with an image and index of all instruments and documents that have been recorded.  With this information, the real property assessment division administrator shall serve as a central clearinghouse and provide copies of the images to the real property assessment administrators of the other counties.

     SECTION 2.  Section 502-26, Hawaii Revised Statutes, is amended to read as follows:

     "§502-26  Copies of instruments, certificates.  (a)  The registrar, when applied to, shall furnish an attested copy of any instrument or document recorded in the registrar's office, or of any fact appearing upon the registrar's records.  The registrar may also issue nonattested portions of any instrument or document recorded in the registrar's office.  The registrar may issue certificates of search or [incumbrance] encumbrance when personnel is available for the making of the certificate.

     (b)  Within ten days after the end of each week, or as soon thereafter as possible, the assistant registrar shall deliver or forward by mail or by electronic transmission, and without charge, an image and index of all instruments or documents relating to land in all the counties that have been recorded in the registrar's office during each week to the county designated to act as a central clearinghouse in a memorandum of understanding agreed upon by the counties.  The real property assessment administrator of the county designated to act as a central clearinghouse shall provide copies of the images, without charge, to the real property assessment administrators of the other counties.  The index shall include the following for each instrument:

(1)  Document number;

(2)  Certificate number;

(3)  Date of the filing;

(4)  Type of document;

(5)  Names of the grantor and grantee;

(6)  Current tax map key number; and

(7)  Location of the real property by island.

     (c)  The registrar and the real property assessment administrator of the county designated to act as a central clearinghouse may impose a charge, pursuant to rules adopted under chapter 91, to provide images or other information to parties other than the counties."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2046.