STAND. COM. REP. NO. 619

Honolulu, Hawaii

, 2025

RE: H.B. No. 29

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 29, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

begs leave to report as follows:

The purpose of this measure is to authorize the counties to implement additional enforcement mechanisms, including the use of power of sale, to address severe public nuisances that remain unmitigated after the exhaustion of all other existing remedies.

Your Committee received testimony in support of this measure from four individuals. Your Committee received testimony in opposition to this measure from four individuals. Your Committee received comments on this measure from the Hawaii Bankers Association and Grassroot Institute of Hawaii.

Your Committee finds that authorizing the counties to collect on liens filed on properties through a non-judicial foreclosure process provides some leverage over property owners to comply or lose their property. If a property owner fails to comply and the property is foreclosed upon, this measure would enable the property to be put to productive use, allow liens attached to the property to be satisfied, and stop the accrual of additional debt on the property. This measure addresses the need of the counties to bring closure to pending civil fines imposed on property owners who are in violation of nuisance laws, ordinances, or rules.

Your Committee has amended this measure by:

(1) Clarifying that if a county utilizes its authority of power of sale, such authority must be exercised pursuant to the state law on foreclosures; and

(2) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 29, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 29, H.D. 2.

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

____________________________

DAVID A. TARNAS, Chair