THE SENATE

S.B. NO.

468

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to land court registration.

 

 

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

 


     SECTION 1.  Section 501-6, Hawaii Revised Statutes, is amended to read as follows:

     "§501-6  Registrar, deputy registrar, and assistants; appointment, tenure, powers, and duties.  The judge of the court shall appoint a registrar, deputy registrar, and [such] assistants as may be allowed by law.  The registrar, deputy registrar, or an assistant shall attend the sessions of the court and keep a docket of all causes, and shall affix the seal of the court to all processes or papers proceeding therefrom, and requiring a seal."

     SECTION 2.  Section 501-7, Hawaii Revised Statutes, is amended to read as follows:

     "§501-7  Registrar; deputy registrar; powers[,] and duties.  The registrar shall be under the direction of the court, and shall have the custody and control of all papers and documents filed with the registrar under this chapter, and shall carefully number and index the same.  The papers and documents shall be kept in Honolulu in an office to be called the land registration office, which shall be near the land court.  The registrar may, with the sanction of the court, employ [such] clerks and messengers as [are] necessary.  The deputy registrar shall serve as acting registrar in the absence of the registrar, or in case of a vacancy in that office.

     Pursuant to section 501-6 and this section, the judge of the court may authorize and empower the registrar and deputy registrar to execute and enter on behalf of the land court, orders issued upon ex parte petitions and uncontested petitions."

     SECTION 3.  Section 501-21, Hawaii Revised Statutes, is amended to read as follows:

     "§501-21  Registration application; by whom made.  Application for registration of title may be made by:

     (1)  The persons who claim, singly or collectively, to own the legal estate or easements or rights in land held and possessed in fee simple, either as a whole or as owner or owners of an undivided part;

     (2)  The persons who claim, singly or collectively, to have the power of appointing or disposing of the legal estate or easements or rights in land held and possessed in fee simple, either as a whole or as owners of an undivided part;

     (3)  Infants and other persons under disability, by their legally appointed guardians;

     (4)  A corporation by its proper officer or by an agent duly authorized by the board of directors;

     (5)  An unincorporated nonprofit association by a person authorized in a statement of authority recorded in the office of the assistant registrar of the land court or with the registrar of conveyances in the bureau of conveyances;

     (6)  Any personal representative duly appointed by the proper probate court, and duly authorized so to do by an order of court.  For the purpose of registering title, [such] the representative shall be a trustee of any title registered for the heirs of the estate, and be subject to the decree of distribution of the court of probate; and

     (7)  Any political subdivision of the State by its mayor, after resolution duly passed by its council so directing; the State, by the board of land and natural resources; or the government of the United States by any proper officer thereof thereunto duly authorized.

     The basis for determining the fees payable in the registration of the easements and rights above stated shall, instead of the assessed valuation, be the value of the same as found by the land court, and [instead of] the fee for examination of title [chargeable under section 501-218, the fee] shall be the actual amount allowed by the court to the examiner therefor.

     The provisions relative to the registration and conveyance of registered land shall apply to the registration and conveyance of easements and rights."

     SECTION 4.  Section 501-151, Hawaii Revised Statutes, is amended to read as follows:

     "§501-151  Pending actions, judgments; recording of, notice.  No writ of entry, action for partition, or any action affecting the title to real property or the use and occupancy thereof or the buildings thereon, and, except as provided in section 501-82, no judgment, nor any appeal or other proceeding to vacate or reverse any judgment, shall have any effect upon registered land as against persons other than the parties thereto, unless a full memorandum thereof, containing also a reference to the number of the certificate of title of the land affected is filed or recorded and registered.  Except as otherwise provided, every judgment shall contain or have endorsed on it the State of Hawaii general excise taxpayer identification number, the federal employer identification number, or the last four digits only of the social security number for persons, corporations, partnerships, or other entities against whom the judgment is rendered.  If the judgment debtor has no social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration of the judgment.  Failure to disclose or disclosure of an incorrect social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon recording of the judgment.  This section does not apply to attachments, levies of execution, or to proceedings for the probate of wills, or for administration in a probate court; provided that in case notice of the pendency of the action has been duly registered it is sufficient to register the judgment in the action within sixty days after the rendition thereof.

     As used in this chapter "judgment" includes an order or decree having the effect of a judgment.

     Notice of the pendency of an action in a United States District Court, as well as a court of the State of Hawaii, may be recorded.

     Notice of opening a dispute resolution case as provided in section 667-79 may be recorded.

     Foreclosure notice as provided in section 667-23 may be recorded.

     The party seeking registration of a judgment shall redact the first five digits of any social security number by blocking the numbers out on the copy of the judgment to be filed or recorded."

     SECTION 5.  Section 501-218, Hawaii Revised Statutes, is amended to read as follows:

     "§501-218  [Schedule of fees;] Fees; authority to amend.  [(a)  The fees payable under this chapter are as follows:

     (1)  For every application filed pursuant to this chapter, including indexing and recording the application, and transmitting to registrar, when filed with assistant registrar, $3;

     (2)  For every plan filed, $1;

     (3)  For examining title, $10 and two-tenths of one per cent of the assessed value of the land and improvements on the basis of the last assessment for taxation, or the value of the land as determined under section 501-211 when the land was not separately assessed;

     (4)  For verifying and checking map on the ground, for lots of one acre or less, $25; an addition of $1 an acre or fraction thereof for all area over one acre and up to one hundred acres; an addition of 50 cents an acre or fraction thereof for all area over one hundred acres and up to one thousand acres; an addition of 25 cents an acre or fraction thereof for all area over one thousand acres;

     (5)  For checking survey and map as to form and mathematical correctness, but not on the ground, $3 an hour;

     (6)  For approving subdivision of registered land, and for checking the form and mathematical correctness, but not on the ground, $3 an hour;

     (7)  For all services by a sheriff or other police officer under this chapter, the same fees as are now provided by law for each service;

     (8)  For each instrument affecting a title not reported in applicant's filed abstract of title, $2;

     (9)  For filing an amended application, $1;

    (10)  For each notice by publication, 25 cents;

    (11)  For entering any general default, $1;

    (12)  For filing any answer, $1, to be paid by the party filing the answer;

    (13)  For every subpoena, $1;

    (14)  For swearing each witness, 10 cents;

    (15)  For entering any discontinuance, $1;

    (16)  For filing notice of appeal, $30;

    (17)  For entry of order dismissing application, or decree of registration, and sending memorandum to assistant registrar, $1;

    (18)  For copy of decree of registration, $1;

    (19)  For filing any petition after original registration, $1; an addition of 25 cents for each exhibit attached;

    (20)  For filing any order after original registration, $5;

    (21)  In all cases not expressly provided for by law, the fees of all public officers for any official duty or service under this chapter shall be at a rate established by the court; and

    (22)  For any application made by or in the name of the State, or any political subdivision of the State, any proceedings upon the application or any dealing with registered land by the State, or any political subdivision of the State, as owner, no fees shall be charged.

     (b)] (a)  For recordation of the document of which the United States, State of Hawaii, or any county of the State of Hawaii, is the grantee, no fees shall be charged.

     [(c)] (b)  The supreme court, by rule of court, from time to time, may adopt, revise, amend, add to, or eliminate any fees [payable under subsection (a)], or prescribe additional fees as it deems reasonable, for services provided by the office of the registrar of the land court [as may be required under this chapter].

     [(d)] (c)  The department of land and natural resources, by rule adopted pursuant to chapter 91, from time to time, may adopt, revise, amend, add to, or eliminate any fees [payable under subsection (a)] for services provided by assistant registrars in the bureau of conveyances under this chapter.

     [(e)] (d)  The department of accounting and general services, by rule adopted pursuant to chapter 91, from time to time, may adopt, revise, amend, add to, or eliminate any fees [payable under subsection (a)] for services provided by the state land surveyor for checking and processing land court maps and other services [as may be required under this chapter]."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Judiciary Package; Land Court; Deputy Registrar; Fees

 

Description:

Provides for appointment of land court deputy registrar.  Clarifies various land court provisions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.