HOUSE OF REPRESENTATIVES

H.B. NO.

2920

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to land court.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the registration of title process in land court is expensive, inefficient, and no longer necessary.  Currently, recording and documentation of real property transactions are handled by the bureau of conveyances.  Thus, the duplicative services of the land court and the bureau of conveyances should be consolidated.

     The purpose of this Act is to abolish the land court and to transfer all of its powers, functions, and duties, together with its officers and employees, to the bureau of conveyances.

     SECTION 2.  Chapter 501, Hawaii Revised Statutes, is repealed.

     SECTION 3.  All rights, powers, functions, and duties of the land court are transferred to the bureau of conveyances.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and the officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 4.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the land court relating to the functions transferred to the bureau of conveyances shall be transferred with the functions to which they relate.

     SECTION 5.  All rules, policies, procedures, guidelines, and other material adopted or developed by the land court to implement provisions of the Hawaii Revised Statutes, shall remain in full force and effect until amended or repealed by the board of land and natural resources pursuant to chapter 91, Hawaii Revised Statutes.  In the interim, every reference to the land court or registrar of the land court in those rules, policies, procedures, guidelines, and other material is amended to refer to the bureau of conveyances or the registrar of conveyances as appropriate.

     SECTION 6.  All acts passed by the legislature during this regular session of 2010, whether enacted before or after the effective date of this Act, shall be amended to conform with this Act unless the acts specifically provide that this Act is being amended.

     SECTION 7.  The legislative reference bureau shall prepare proposed conforming legislation to make necessary amendments to statutes affected by this Act.  The legislative reference bureau shall transmit the proposed legislation to the legislature not later than twenty days prior to the convening of the regular session of 2011.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Land Court; Abolition

 

Description:

Abolishes the land court and transfers all powers, functions, duties, officers, and employees to the bureau of conveyances.

 

 

 

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