STAND. COM. REP. NO. 1243

Honolulu, Hawaii

RE:    H.B. No. 271

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 271, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to enact the Uniform Real Property Electronic Recording Act that would permit the Registrar of the Bureau of Conveyances to accept electronic documents with electronic signatures for recording.

     This measure would also:

     (1)  Allow 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)  Allow 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; and

     (3)  Allow the registrar of the Bureau of Conveyances to convert existing information or documents into electronic form.

     Your Committee 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.  This measure will allow the Bureau of Conveyances to become more efficient and up to date in its operations.  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.  This measure allows the Department of Land and Natural Resources to produce digital archives without also being required to produce microfilm records. 

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 2050, to continue the discussions in this matter, since the Bureau of Conveyances has indicated that further amendments may be requested; and

     (2)  Making a technical, nonsubstantive amendment.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 271, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 271, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair