Bill Text: HI HB2040 | 2020 | Regular Session | Amended
Bill Title: Relating To Recordation Transaction Fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-07 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) McDermott, Yamashita excused (2). [HB2040 Detail]
Download: Hawaii-2020-HB2040-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2040 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RECORDATION TRANSACTION FEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. Act 120, Session Laws of Hawaii 2009,
stemmed from findings by the joint legislative investigative committee
established pursuant to Senate Concurrent Resolution No. 226, adopted during
the regular session of 2007, which identified
serious shortcomings relating to the bureau of conveyances.
Section 16 of Act 120, Session Laws of
Hawaii 2009, directed the department of land and natural resources to assess a
$5 transaction fee to be charged for each recording in the bureau of
conveyances and the office of the assistant registrar of the land court for
services rendered by the bureau of conveyances in deregistering land and
specified that the collected fees be used to support purchases of hardware,
system design, and staff training related to automation of the bureau of conveyances.
Section 21 of Act 120, Session Laws of
Hawaii 2009, specified that Section 16 of Act 120, Session Laws of Hawaii 2009,
will be repealed on the effective date of administrative rules adopted by the
department of land and natural resources that address the establishment of a
transaction fee for each recording in the bureau of conveyances and the office
of the assistant registrar of the land court.
The purpose of this Act is to:
(1) Expand the application of the
transaction fee to include all services rendered by the bureau of conveyances
and expand the uses of the transaction fee, authorized under Act 120, Session
Laws of Hawaii 2009, to include purchases of software, project management and
implementation, staffing, workflow improvements, and services related to the
management, archiving, preservation, and accessibility of records at the bureau
of conveyances and the office of the assistant registrar of the land
court; and
(2) Clarify that the transaction fee
established by this Act shall be repealed on the effective date of
administrative rules adopted by the department of land and natural resources
that include the establishment of a transaction fee for each recording in the
bureau of conveyances and in the office of the assistant registrar of the land
court or on July 1, 2023,
whichever occurs first.
SECTION 2. Section 502-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) All moneys in excess of $500,000 remaining on balance in the bureau of conveyances special fund on June 30 of each year shall lapse to the credit of the state general fund; provided that any balance of funds collected pursuant to section 16 of Act 120, Session Laws of Hawaii 2009, as amended by section 3 of Act , Session Laws of Hawaii 2020, shall not lapse to the credit of the state general fund. On July 1 of each year, the director of finance is authorized to transfer any excess funds in the bureau of conveyances special fund to the state general fund."
SECTION 3. Act 120, Session Laws of Hawaii 2009, section 16, is amended to read as follows:
"SECTION
16. As of July 1, 2009, the department
of land and natural resources shall assess a transaction fee of $5 to be
charged for each recording in the bureau of conveyances and in the office of
the assistant registrar of the land court for services rendered by the bureau
of conveyances pursuant to [part II of] chapter 501 and chapter 502,
Hawaii Revised Statutes. The transaction
fees collected shall be deposited to the credit of the bureau of conveyances
special fund established under section 502-8, Hawaii Revised Statutes, and
shall be used [to support] for purchases of hardware[,] and
software, system design, project management and implementation, staffing
and staff training, workflow improvements, and services related to [automation
of] the management, archiving, preservation, and accessibility of
records at the bureau of conveyances[.] and in the office of the
assistant registrar of the land court."
SECTION 4. Act 120, Session Laws of Hawaii 2009, section 21, as amended by Act 119, Session Laws of Hawaii 2013, section 11, is amended to read as follows:
"SECTION
21. This Act shall take effect on July
1, 2009; provided that section 2 of this Act shall take effect on July 1, 2011;
provided further that section 16 of this Act shall take effect on July 1, 2009,
and shall be repealed on the effective date of administrative rules adopted by
the department of land and natural resources that [address] include
the establishment of a transaction [fees] fee for each
recording in the bureau of conveyances and in the office of the assistant
registrar of the land court[;] or on July 1, 2023, whichever occurs
first; provided further that section 17 of this Act shall take effect on
January 1, 2012; and provided further that section 18 of this Act shall take
effect upon its approval and shall be repealed on January 31, 2010."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Transaction Fee; Bureau of Conveyances; Land Court
Description:
Expands the uses of the transaction fee for recordings in the bureau of conveyances and land court authorized under Act 120, Session Laws of Hawaii 2009. Applies the fee to all services rendered by the bureau pursuant to chapters 501 and 502, HRS. Repeals the transaction fee upon the earlier of the effective date of adoption of rules by DLNR or July 1, 2023. Effective July 1, 2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
