STAND. COM. REP. NO.  1296

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 1352

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1352, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO BUREAU OF CONVEYANCES,"

begs leave to report as follows:

     The purpose of this bill is to reduce the backlog in land court recording and registration by:

     (1)  Transferring fee simple time share interest registration from the Land Court System to the Regular System, and authorizing the Registrar of the Bureau of Conveyances (Bureau) to accept, in the Regular System, electronic instruments in lieu of original instruments with original signatures;

     (2)  Authorizing the Department of Land and Natural Resources (DLNR) to establish a $5 transaction fee for services rendered relating to automation; and

     (3)  Requiring the Bureau to implement a pilot program for an integrated electronic filing system for electronic recordation of fee time share interests.

     ARDA-Hawaii, PAHIO Development, Inc., Starwood Vacation Ownership, Wyndham Worldwide, Hawaii Association of REALTORS, and Hawaii Land Title Association supported this bill.  DLNR supported the intent of this bill.  Numerous concerned individuals opposed this measure.  The Hawaii Government Employees Association submitted comments.

     Your Committee has amended this measure by:

     (1)  Amending the Bureau of Conveyances Special Fund (Special Fund) statute to reflect the $650,000 increase in the ceiling of the Special Fund; and

     (2)  Making other technical, nonsubstantive amendments for style, clarity, and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1352, S.D. 2, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 1352, S.D. 2, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

JON RIKI KARAMATSU, Chair