Government Affairs Weekly Update
February 25, 2005

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The Legislature started its mandatory five-day recess on February 24 and will be in recess until March 2nd.  The recess does not mean that nothing is happening at the Legislature; rather, it is a good time for the Legislature to conduct hearings on bills that have made the first lateral deadline.

Thank you to all the members who have responded to our Call-to-Action on the GET tax increase. During the 24-hour Call-to-Action, 537 REALTORS® submitted letters to their respective Representatives.  The specific bill cited was HB 1309, which was heard in the Finance Committee on Friday, February 25th. HAR will continue to voice our strong objection to this bill, which in effect calls for an increase in the General Excise Tax—even though the bill would authorize the counties to levy the tax—it is still a tax increase.

We apologize for the short notice in relaying the information to you in communicating with your Representative; however, it is still important to send your message because the Democrats and Republicans in the House of Representatives will vote on this measure on March 3rd. Your communication until then will be greatly appreciated.

This week, the following measures were heard in various committees:

Real Property Disclosures

SB 953 proposes to require sellers of residential property to disclose the close proximity of agricultural lands to buyers. Creating a new section that requires sellers to provide disclosure of agricultural does not take in to account the present difficulties involved to obtain zoning information from the various counties. Putting the entire burden of disclosure and discovery on a seller for agricultural activity is not reasonable and creates more problems than it solves. The Senate Committee on Commerce, Consumer Protection, and Housing has deferred decision making until March 2nd.

Public Access to Shorelines & Lateral Public Access

There are a few bill in both the House and Senate that proposes to require a subdivider or developer to provide public access from a public highway or streets to also connect existing or proposed access points with each other, so the public can easily and safely traverse shoreline areas. This bill places additional liability on land owners by allowing persons to pass over their land without protection from liability incurred by possible accidents, thus placing a huge burden on shoreline property owners. HAR will continue to oppose these bills as they are heard in various committees.

Hawaii Catastrophic Relief Fund

HB 1111, HD1 establishes a Hawaii catastrophic relief fund (HCRF) to provide reinsurance for the risks of catastrophic events in Hawaii and to mitigate the impact of a catastrophic or emergency condition in Hawaii. This bill repeals the Hawaii Hurricane Relief Fund (HHRF) and transfers monies from HHRF to HCRF. The Hawaii Association of REALTORS has continued to protect the integrity of the HHRF. The House Committee on Finance have deferred the bill. They committee has until March 3rd to pass the bill out.

Labor Disputes

A bill to repeal the law that prohibits picketing at the residence or dwelling place of an individual during a labor dispute was heard in the Senate Committee on Judiciary. The Hawaii Association of REALTORS submitted testimony in strong opposition on the basis that SB 536 attempts to infringe on the foundation of basic private property rights. In addition, if signed into law, it could pose liability issues for the owner of the property. Despite our best efforts, the committee passed the bill as is.

Invasive Species

The Hawaii Association of REALTORS® supported HB 1301, HD1, which appropriates funds for eradication efforts relating to coqui frogs. Alien invasive species is the single greatest threat to Hawaii's economy, natural environment, and the health and lifestyle of Hawaii's people and visitors.

Leasehold Conversion

HB 1554, HD 2 exempts from taxation, seventy-five per cent of income received from the sale to a lessee of the leased fee interest in a residential house lot or multi-family residential leasehold property, or to the association of apartment owners of the multi-family residential leasehold building. HAR testified in support with amendments.

To view any of the bill text and testimonies submitted by the HAR, visit http://www.hawaiirealtors.com/government_affairs/LA/testimonies.asp.

For the most current and detailed information on bills, go to http://www.capitol.hawaii.gov for bill status and descriptions.

 

If you have any questions or comments you would like to forward to the Legislative Committee, please call 733-7060 or 1-888-737-9070 or by e-mail at govtaffairs@hawaiirealtors.com.

For past Government Affairs Weekly Reports, visit the Newstand Section.

 

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