STAND. COM. REP. NO. 912

Honolulu, Hawaii

RE:    H.B. No. 271

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Commerce and Consumer Protection, to which was referred H.B. No. 271 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to permit the Registrar of the Bureau of Conveyances to accept electronic documents with electronic signatures for recording. 

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, the Commission to Promote Uniform Legislation, Hawaii Association of Realtors, and Hawaii Land Title Association.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that this measure will allow the Bureau of Conveyances to become more efficient and up to date in its operations.  Your Committee further finds that this measure does not require the Bureau of Conveyances to make any changes to its procedures until it has developed the capacity to do so.  Your Committee further notes that this measure is based on the Uniform Real Property Electronic Recording Act, which has been adopted by eighteen other states and the District of Columbia.  Your Committee finds that this measure addresses the Department of Land and Natural Resources' request that it be allowed to produce digital archives without also being required to produce microfilm records.  

     Your Committee has amended this measure by:

     (1)  Allowing the Registrar of the Bureau of Conveyances and the Department of Accounting and General Services, upon authorization of the Registrar, to furnish maps or plans in photographic, electronic, or electrostatic form upon receiving a request for maps or plans;

     (2)  Allowing the Registrar of the Bureau of Conveyances to furnish nonattested copies of instruments and documents in photographic, electronic, or electrostatic form upon receiving a request for instruments or documents;

     (3)  Allowing the Registrar of the Bureau of Conveyances to convert existing information or documents into electronic form; and

     (4)  Making nonsubstantive, technical changes for the purpose of clarity and accuracy in the language of this measure.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 271, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 271, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

____________________________

ROSALYN H. BAKER, Chair