STAND. COM. REP. NO. 73

Honolulu, Hawaii

, 2023

RE: H.B. No. 106

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 106 entitled:

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

begs leave to report as follows:

The purpose of this measure is to authorize counties, after the adoption of ordinances, to sell property after all notices, orders, and appeal proceedings are exhausted to pay for:

(1) The cost to the county of removing and completing necessary work related to any public nuisance, refuse, or uncultivated undergrowth; and

(2) Unpaid civil fines related to that property.

Your Committee received testimony in support of this measure from the Department of Planning and Permitting of the City and County of Honolulu and one member of the Honolulu City Council. Your Committee received testimony in opposition to this measure from three individuals.

Your Committee finds that authorizing the counties to collect on liens filed on properties through a nonjudicial foreclosure process provides some leverage over property owners to comply or lose their property. If a property owner fails to comply and the property is foreclosed upon, this measure would enable the property to be put to productive use, allow liens attached to the property to be satisfied, and stop the accrual of additional debt or taxes on the property. This measure addresses the need of the counties to bring closure to pending civil fines imposed on property owners who are in violation of county land use and building ordinances.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 106 and recommends that it pass Second Reading and be referred to your Committee on Finance.

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

____________________________

DAVID A. TARNAS, Chair