REPORT TITLE:
Bureau of Conveyances Fees

DESCRIPTION:
Establishes a Bureau of Conveyances Special Fund and dedicates a
portion of fees collected by the Bureau to the fund.  (SB1082
HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1082
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE BUREAU OF CONVEYANCES.



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

 1      SECTION 1.  Chapter 501, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "501-     Fees received at the bureau of conveyances.
 
 5 Notwithstanding any other law to the contrary, of the fees
 
 6 received at the bureau of conveyances, the registrar of
 
 7 conveyances shall deposit to the credit of the state general fund
 
 8 $23 for each document recorded and shall deposit the remaining
 
 9 balance and all fees other than the special mortgage recording
 
10 fee established pursuant to section 431P-16 and conveyance tax
 
11 collected pursuant to section 247-2 to the credit of the bureau
 
12 of conveyances special fund established under section 502-    ."
 
13      SECTION 2.  Chapter 502, Hawaii Revised Statutes, is amended
 
14 by adding a new section to be appropriately designated and to
 
15 read as follows:
 
16      "502-     Bureau of conveyances special fund.  (a)  There
 
17 is established in the state treasury the bureau of conveyances
 
18 special fund, into which shall be deposited the revenues remitted
 
19 pursuant to sections 501-    and 502-25, interest earnings,
 

 
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 1 grants, donations, and appropriations from the legislature that
 
 2 shall be held separate and apart from all other moneys, funds,
 
 3 and accounts in the state treasury.
 
 4      (b)  Moneys in the bureau of conveyances special fund may be
 
 5 used by the bureau of conveyances for the following purposes:
 
 6      (1)  Planning, design, construction, and acquisition of
 
 7           equipment, furnishings, and software necessary for the
 
 8           development of the recording system described in this
 
 9           chapter and chapter 501;
 
10      (2)  Operating, maintaining, and improving the recording
 
11           system described in this chapter and chapter 501 or any
 
12           other purpose deemed necessary by the bureau of
 
13           conveyances for the purpose of planning, improving,
 
14           developing, operating, and maintaining the recording
 
15           system described in this chapter and chapter 501;
 
16      (3)  Permanent and temporary staff positions for the
 
17           purposes of this chapter and chapter 501; and
 
18      (4)  Administrative costs for the purposes of this chapter
 
19           and chapter 501."
 
20      SECTION 3.  Section 502-25, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "502-25  Fees.(a)  Except when otherwise provided, fees
 
23 for services rendered under this chapter shall be established by
 

 
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 1 rules adopted by the department of land and natural resources,
 
 2 pursuant to chapter 91.
 
 3      (b)  Notwithstanding any other law to the contrary, of the
 
 4 fees received at the bureau of conveyances, the registrar of
 
 5 conveyances shall deposit to the credit of the state general fund
 
 6 $23 for each document recorded and shall deposit the remaining
 
 7 balance and all fees other than the special mortgage recording
 
 8 fee established pursuant to section 431P-16 and conveyance tax
 
 9 collected pursuant to section 247-2 to the credit of the bureau
 
10 of conveyances special fund established under section 502-    .
 
11      [(b)] (c)  For recordation of the document of which the
 
12 United States, State of Hawaii, or any county of the State of
 
13 Hawaii, is the grantee, no fees shall be charged."
 
14      SECTION 4.  Section 502-27, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]502-27[]]  Charges.  [The registrar may authorize any
 
17 person or agency to use original microfilms of documents recorded
 
18 in the bureau of conveyances or filed in the office of the
 
19 assistant registrar of the land court for the purpose of making
 
20 duplicates of such microfilms.  A charge of two cents per frame
 
21 for each duplicate film shall be paid to the State; provided that
 
22 no such charge shall be assessed against any agency of the State
 
23 of Hawaii or counties thereof. 
 

 
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 1      In addition all costs for duplicating said microfilms shall
 
 2 be borne by the person or agency requesting the use of the
 
 3 microfilms. 
 
 4      All moneys received by the registrar under this section
 
 5 shall be deposited in the general fund of the State.]
 
 6      (a)  Except when otherwise provided, fees for the use of
 
 7 microfilms of documents recorded in the bureau of conveyances for
 
 8 the purpose of making duplicates shall be established by rules
 
 9 adopted by the department of land and natural resources pursuant
 
10 to chapter 91.
 
11      (b)  Frame charges for duplicating said microfilm shall not
 
12 be assessed against any agency of the State or counties thereof."
 
13      SECTION 5.  Act 203, Session Laws of Hawaii 1997, is
 
14 repealed.
 
15      SECTION 6.  The director of finance shall transfer the
 
16 unexpended balance, including encumbrances and accrued
 
17 liabilities, of the bureau of conveyances equipment modernization
 
18 special fund as of the close of business on June 30, 1999, to the
 
19 credit of the bureau of conveyances special fund.  Encumbered
 
20 moneys shall continue to be encumbered until paid out or released
 
21 from prior encumbrances.
 
22      SECTION 7.  There is appropriated out of the bureau of
 
23 conveyances special fund the sum of $1,900,000 or so much thereof
 
24 as may be necessary for fiscal year 1999-2000 to be expended by
 

 
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 1 the department of land and natural resources for the purposes of
 
 2 the fund.
 
 3      SECTION 8.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 9.  This Act shall take effect on June 29, 1999,
 
 6 except that sections 1, 3, 4, 5 and 7 shall take effect on July
 
 7 1, 1999.