STAND. COM. REP. NO.  545-22

 

Honolulu, Hawaii

                , 2022

 

RE:   H.B. No. 1434

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

 

Sir:

 

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1434 entitled:

 

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to authorize the counties, after adoption of an ordinance establishing a power of sale, to sell private property that has failed to comply with public nuisance ordinances after all notices, orders, and appeal proceedings are exhausted and use the revenues to satisfy unpaid civil fines related to a property subject to a recorded lien.

 

     Your Committee received testimony in support of this measure from the Department of Planning and Permitting of the City and County of Honolulu and four members of the Honolulu City Council.

 

     Your Committee finds that by authorizing the counties to collect on liens filed on properties through a non-judicial foreclosure process, this measure provides some leverage over landowners to comply or lose their property.  If the property owner fails to comply and the property is foreclosed upon, this measure enables the property to be put to productive use, allows liens attached to the property to be satisfied, and stops the accrual of additional debt or taxes on the property.

 

     Your Committee has amended this measure by:

 

     (1)  Changing the effective date to January 1, 2050, to encourage further discussion; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1434, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1434, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

 

 

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

 

 

 

 

____________________________

AARON LING JOHANSON, Chair