STAND. COM. REP. NO.658

Honolulu, Hawaii

, 2001

RE: H.B. No. 531

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 531 entitled:

"A BILL FOR AN ACT RELATING TO NONCONSENSUAL COMMON LAW LIENS,"

begs leave to report as follows:

The purpose of this bill is to protect the general public from frivolous and invalid lien claims

Supportive testimony was submitted by the Department of the Attorney General, and the Department of Land and Natural Resources. The Hawaii Bankers Association opposed the measure as received, but offered amendments.

Invalid instruments that purport to affect the property interests of various people are instruments that have no basis in fact or in law and have a seriously disruptive effect on property interests and title. Invalid liens appearing on title searches and other disclosures are costly and time-consuming to expunge. When they appear, they obstruct a property owner's ability to transfer title or obtain title insurance and financing.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 531 and recommends that it pass Third Reading.

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

____________________________

ERIC G. HAMAKAWA, Chair