STAND. COM. REP. NO. 385

Honolulu, Hawaii

RE:    S.B. No. 6

       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 Economic Development and Technology, to which was referred S.B. No. 6 entitled:

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

beg 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 Committees received testimony in support of this measure from the Commission to Promote Uniform Legislation and Hawaii Association of Realtors.  Testimony with comments on this measure was received from the Department of Land and Natural Resources and Hawaii Government Employees Association.  Written testimony presented to the Committees may be reviewed on the Legislature's website.

     Your Committees find that this measure will allow the Bureau of Conveyances to become more efficient and up to date with its functions.  Furthermore, this measure does not require that the Bureau of Conveyances make any changes to its procedures until it has the capability to do so.  The Uniform Real Property Electronic Recording Act, upon which this measure is based, has been adopted in eighteen other states and the District of Columbia.

     Additionally, your Committees note that privacy concerns related to making the information contained in Bureau of Conveyance filings more widely available have been addressed by the Committee on Commerce and Consumer Protection's recommendation to pass S.B. No. 1130, which allows the redaction of social security numbers on documents filed or registered with the Bureau of Conveyances. 

     Upon further consideration, your Committees have amended this measure by:

(1)  Allowing the Registrar of the Bureau of Conveyances and the Department of Accounting and General Services, upon authorization from 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 records of votes of the members of your Committees on Commerce and Consumer Protection and Economic Development and Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 6, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 6, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Economic Development and Technology,

____________________________ CAROL FUKUNAGA, Chair

____________________________ ROSALYN H. BAKER, Chair