HomeMy WebLinkAboutREP FC 505 05/09/1988 1984-1988 411
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Date: May 9 , 1988 Re: Comm. 1545
Place : Councilroom
Time: 10 :00 a.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance , to which was referred Bill 521, reports
as follows:
The purpose of Bill 521 is to amend Chapter 19 , Article 5 ,
Sections 19-37, 19-42 and 19-45 of the Hawaii County Code, relating
to real property tax liens and foreclosures .
Your Committee on Finance is aware of the following proposed changes :
1 . Section 19-37 . If there is any surplus after taxes due and
other expenses have been satisfied, any claim for this surplus
must be made within one year from the date of sale .
2 . Section 19-42. Upon payment of the purchase price, the deed
shall rest with the purchaser and such title shall be free and
clear of any lien, claim or encumbrance and subject only to any
mineral rights of the State and any easements in favor of any
governmental entity .
Deleted is the requirement that the deed to the premises shall
be recorded within sixty days after the sale.
Also deleted is the requirement that, "if the deed shall not
have been recorded within sixty days after the sale, then within
one year from the date of recording of the deed" . This is in
reference to the redemption of property by the taxpayer .
3 . Section 19-45 . In relation to the disposition of surplus moneys :
(a) It can be distributed to lien holders of record who have
filed timely claims .
(b ) There will be no recourse against any lien, claim or
encumbrance not satisfied after the surplus moneys have
been exhausted.
(c) The cost of determining who is entitled to the surplus
moneys can be paid from the surplus.
(d ) Claim for the surplus must be filed within one year .
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FC- 505 Page 2 May 9, 1988
(e) If there are persons who have not filed a claim or if the
director finds that there are other persons who are
entitled to the fund who are unknown, the director may
apply for an order or orders joining these persons .
( f) If surplus funds remain after all liens, taxes and other
costs have been paid, such surplus shall be deposited in
the County General Fund.
Deleted was part of a sentence regarding persons "unknown having
or claiming to have any legal or equitable right , title or
interest in the moneys. . . " This deletion was replaced by (e)
above.
4 . ' Housekeeping ' changes were made in each of the sections which
were not substantive in nature .
Draft 2 of Bill 521 was prepared to reinsert a sentence in
Section 19-45 Disposition of surplus moneys (Page 6) , which was
inadvertently deleted in the original bill . The sentence starts:
"The director shall pay. . . " and ends "cause any such search to be
made . " Minor punctuation errors were also corrected which did not
alter the substance of sentences involved .
Your Committee on Finance is in accord with the intent and purpose
of Bill 521, Draft 2, and recomms that it pass first reading .
FRANK DE LUZ III , CHAIRMAN
I/ \
LORRA CHAKU-IN YE, .C. L. K. DAHLBERG, MEMBER
�� � /
TA ASHI D e INGO, ►. ,;BER USSELL S. KOKUBUN, M MBER
10.1J 4or.
MER . - K. LAI, MEMB SPENCER K . SCHUTTE, MEMBER
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