STAND. COM. REP. NO. 268

Honolulu, Hawaii

RE:    S.B. No. 521

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committees on Commerce and Consumer Protection and Judiciary and Government Operations, to which was referred S.B. No. 521 entitled:

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

beg leave to report as follows:

     The purpose of this measure is to require the registrar of the Bureau of Conveyances to provide an image and index of all instruments that contain real property transactions to the administrator of the City and County of Honolulu's real property assessment division so that the division may serve as a clearinghouse for real property information. 

     Your Committees received testimony in support of this measure from the County of Hawaii, the County of Maui, and the City and County of Honolulu, and one private citizen.  Testimony in opposition to this measure was received from the Department of Land and Natural Resources.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committees find that this measure will help the counties to accurately assess real property taxes as well as to comply with their obligations to maintain accurate records and provide public notification of changes in land use and zoning.  Your Committees note that the counties currently experience a good working relationship with the Department of Land and Natural Resources. This measure will allow the counties and the Department to maintain those relationships as they currently stand, regardless of changes in administration or personnel. 

     Your Committees have amended this measure by:

(1)  Clarifying that the time limit imposed on the Department of Land and Natural Resources may be waived in the event of unforeseen circumstances that create an unavoidable delay;  

(2)  Clarifying that the Department is not obligated to provide information free of charge to private interests; and

(3)  Making technical, nonsubstantive changes to sections for the purpose of clarity in statutory language.   

     As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Judiciary and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 521, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 521, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________ BRIAN T. TANIGUCHI, Chair

____________________________ ROSALYN H. BAKER, Chair