STAND. COM. REP. NO. 21-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 1877

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water, Land, & Hawaiian Affairs, to which was referred H.B. No. 1877 entitled:

"A BILL FOR AN ACT RELATING TO LAND RECORDATION,"

begs leave to report as follows:

The purpose of this measure is to clarify the data requirements for land recordation by the Bureau of Conveyances on land deregistered by the Land Court, other than fee simple time share interests, to require a plan that includes a map and description prepared by a licensed professional surveyor.

Your Committee received testimony in support of this measure from one individual. Your Committee received comments on this measure from five individuals.

Your Committee finds that while the Land Court provides a systematic and logical process for mapping and indexing land and recording transactions and encumbrances on land titles, it was designed to process single, consecutive ownership interests and not multiple, simultaneous interest in a single parcel of land. Your Committee further finds that while the State has enacted measures to allow for the voluntary deregistration of fee simple, non-timeshare land from the Land Court, there are no clear requirements for mapping and describing deregistered land. This measure will address the issue of insufficiently mapped and described original Hawaii land titles that are being deregistered by requiring a plan that includes a map and description prepared by a licensed professional surveyor to be submitted with all written requests to deregister land.

Your Committee has amended this measure by:

(1) Clarifying that the Assistant Registrar shall refer the map and description of land sought to be deregistered to the State Land Surveyor in the Department of Accounting and General Services after being checked as to form and mathematical correctness but not on the ground by the State Land Surveyor;

(2) Amending the means of showing original title lines when land platted is made up of more than one original title;

(3) Removing proposed language in section 502-17(d)(3), Hawaii Revised Statutes, regarding certain land being deregistered;

(4) Clarifying that only contiguous parcels shall be shown on the same plan;

(5) Changing the effective date to July 1, 2050, to encourage further discussion; and

(6) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water, Land, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1877, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1877, H.D. 1, and be referred to your Committees on Consumer Protection & Commerce and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Hawaiian Affairs,

____________________________

RYAN I. YAMANE, Chair