HOUSE OF REPRESENTATIVES

THE TWENTY-SIXTH LEGISLATURE

REGULAR SESSION OF 2011

 

COMMITTEE ON CONSUMER PROTECTION & COMMERCE

Rep. Robert N. Herkes, Chair

Rep. Ryan I. Yamane, Vice Chair

 

Rep. Tom Brower

Rep. Hermina M. Morita

Rep. Rida T.R.  Cabanilla

Rep. Blake K. Oshiro

Rep. Mele Carroll

Rep. Joseph M. Souki

Rep. Ken Ito

Rep. Clift Tsuji

Rep. Gilbert S.C. Keith-Agaran

Rep. Corinne W.L. Ching

Rep. Sylvia Luke

Rep. Barbara C. Marumoto

Rep. Angus L.K. McKelvey

Rep. Cynthia Thielen

 

COMMITTEE ON JUDICIARY

Rep. Gilbert S.C. Keith-Agaran, Chair

Rep. Karl Rhoads, Vice Chair

 

Rep. Tom Brower

Rep. Hermina M. Morita

Rep. Rida T.R.  Cabanilla

Rep. Blake K. Oshiro

Rep. Mele Carroll

Rep. Joseph M. Souki

Rep. Robert N. Herkes

Rep. Clift Tsuji

Rep. Ken Ito

Rep. George R. Fontaine

Rep. Sylvia Luke

Rep. Barbara C. Marumoto

Rep. Angus L.K. McKelvey

Rep. Cynthia Thielen

 

NOTICE OF HEARING

 

DATE:

Wednesday, February 9, 2011

TIME:

2:00 pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 879

Status

RELATING TO MORTGAGE FORECLOSURES.

Implements recommendations of the mortgage foreclosure task force relating to service of notice, conversion from nonjudicial to judicial foreclosure, bar against deficiency judgments, notice of pendency of action, and extinguishment of a mortgagor's interest.

 

CPC/JUD, FIN

HB 582

Status

RELATING TO MORTGAGES.

Requires a Hawaii agent for mortgage servicers, requires foreclosing mortgagees to engage in mediation, and places a moratorium on non-judicial foreclosures.

 

CPC/JUD

HB 1411

Status

RELATING TO MORTGAGE FORECLOSURES.

Repeals the old non-judicial foreclosure process.  Clarifies the new non-judicial foreclosure process.

 

CPC/JUD, FIN

HB 1410

Status

RELATING TO MORTGAGE FORECLOSURES.

Repeals the regular and alternate non-judicial foreclosure processes.  Implements a new non-judicial foreclosure process based upon the California deed of trust system.

 

CPC/JUD, FIN

HB 896

Status

RELATING TO MORTGAGE FORECLOSURES.

Repeals laws authorizing and providing for nonjudicial foreclosure processes.

 

CPC/JUD

HB 1484

Status

RELATING TO MORTGAGE FORECLOSURES.

Prohibits a foreclosing mortgagee from foreclosing under a power of sale if the foreclosing mortgagee represents a trust.  Requires filing of endorsements, assignments, and trustee's affidavit.  Prohibits filing of documents with electronic signatures.

 

CPC/JUD

HB 220

Status

RELATING TO MORTGAGE FORECLOSURES.

Requires the mortgagee in an alternate power of sale foreclosure procedure to attach a copy of the original, signed mortgage agreement and any amendments thereto to the notice of default.

 

CPC/JUD

HB 321

Status

RELATING TO MORTGAGE FORECLOSURES.

Requires a mortgagee in possession of a foreclosed property to pay all costs or fees related to the property for which a lien may be placed and to maintain the foreclosed property in a certain condition until transfer to a subsequent purchaser; removes the cap on past-due association fees for a mortgagee that takes possession of a foreclosed condominium.

 

CPC/JUD

HB 1600

Status

RELATING TO CONDOMINIUMS.

Provides various protections, remedies, and notice requirements regarding condominium associations and foreclosure of condominium units.

 

CPC/JUD

HB 1544

Status

RELATING TO FORECLOSURES.

Sets forth guidelines for mortgage foreclosures, and liens for assessments.

 

CPC/JUD

 

 

 

DECISION MAKING TO FOLLOW

 

DECISION MAKING ONLY

 

The following measure(s) were heard on Wednesday, February 2, 2011.  No public testimony will be accepted.

 

HB 1133

Status

RELATING TO VETERINARY MEDICINE.

Reclassifies the practice of veterinary medicine without a license as a class C felony.  Effective 07/01/11.

 

CPC, JUD

HB 880

Status

RELATING TO THE PUBLIC UTILITIES COMMISSION.

Allows public utilities to make electronic filings with the public utilities commission.

 

CPC, FIN

HB 832

Status

RELATING TO CONSUMER PROTECTION.

Requires cable television operators and public utilities to issue refunds to subscribers in the event of service interruptions.

 

CPC, FIN

HB 881

Status

RELATING TO CAPTIVE INSURANCE COMPANIES.

Provides greater flexibility in determining the types of related entities that may be affiliated with and insured by a pure captive insurance company.  Streamlines and simplifies exceptions applicable to various classes of captive insurance companies.  Makes other housekeeping amendments.

 

CPC, FIN

HB 1049

Status

RELATING TO INSURANCE.

Updates the Insurance Code and related provisions.

 

CPC, FIN

 

 

 

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing with a transmittal cover indicating:

·     Testifier's name with position/title and organization;

·     The Committee the comments are directed to;

·     The date and time of the hearing;

·     Measure number; and

·     The number of copies the Committee is requesting. 

 

While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the hearing or improperly identified or directed to the incorrect office, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER:  1 (one) copy (including an original) to Room 320 in the State Capitol;

FAX:       For comments less than 5 pages in length, transmit to 586-8404 (for Oahu) or 1-800-535-3859 (for Neighbor Islanders without a computer to submit testimony through e-mail or the Web);

EMAIL:  For comments less than 5 pages in length, transmit to CPCtestimony@Capitol.hawaii.gov ; or

WEB:      For comments less than 4MB in size, transmit from the Web page at http://www.capitol.hawaii.gov/emailtestimony.

 

Testimony submitted will be placed on the Legislative Web site after the hearing adjourns.  This public posting of testimony on the Web site should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6172 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements.  Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live.  Check the current legislative broadcast schedule on the "Capitol TV" Web site at www.capitoltv.org OR call 536-2100.

 

 

________________________________________

Rep. Gilbert Keith-Agaran

Chair

 

________________________________________

Rep. Robert N. Herkes

Chair