Government Affairs Update
April 11 , 2008
Conference committee meetings are starting to be scheduled beginning on Monday, April 14. Selection of conferees, members of the conference committee, are also being assigned. The selection of conference chairs will set the stage to begin lobbying on bills that are of key interest to the association for the final leg of the session.
In the meantime, take a look at a compilation of some bills slated for conference committee.
Business and Transactional
Practice of Law; Exempts HRS 431, 466 & 467, HB3386 HD1 SD1
Defines practice of law.
Health Insurance for Small Businesses, HB2224 HD1 SD2
Requires group health issuers to offer small group health plans to self-employed individuals who are registered or licensed by the department of commerce and consumer affairs
Mortgage Rescue Fraud Prevention Act, HB2326 HD2 SD1
Defines mortgage foreclosure rescuers and requires the disclosure of specific information to distressed property owners and imposes specific prohibitions on mortgage foreclosure rescuers.
Planned Community Association – Seller Disclosure, HB2492 HD1 SD1
Requires the inclusion of property restrictions or conditions of use in a seller's disclosure statement.
DLNL to Plan & Design E-Filing System; Leg Approval, HB2302 HD2 SD2
Requires the DLNR to plan and design a new electronic filing system for the bureau of conveyances and to seek approval from the legislature prior to system implementation.
Improper Influence of Real Estate Appraisals, SB2407 SD1 HD1
Prohibits financial institutions and mortgage brokers from improperly influencing the reporting, result, or review of a real estate appraisal.
Comprehensive Natural Disaster Impact Zones - HHRF, SB2783 SD2 HD1
Appropriates funds from the HHRF to the loss mitigation grant fund. Requires the UH to prepare a strategic planning report on the feasibility of establishing comprehensive natural disaster hazard mapping for the State of Hawaii. Requires the Insurance Commissioner to report on the feasibility of converting the HHRF program into a natural disaster relief program.
Residential and Multifamily Housing / Affordable Housing
Permits Clotheslines in Covenants, Bylaws, Declaration, SB2933 SD2 HD2
Allows for the use of clotheslines on any privately owned single-family residential dwelling or townhouse.
(Enrolled to Gov) Condominium Recodification Amendments, SB2401 SD1
Amends various provisions of the HRS of correcting errors and references, and clarifying language.
Allows Condos to Invest in CD through CD Account Registry Service, HB2460 SD1
Allows condominium associations to invest funds in certificates of deposit through the Certificate of Deposit Account Registry Service network.
Shared Equity Prog & Transfer Restriction SB2293 SD1 HD1, HB2662 HD2 SD2
They exempt new multi-family housing condominium developments of seventy-five units or more from certain state and county affordable housing requirements.
Increase Reserve Housing Requirement Kakaako, SB2294 SD2 HD1
Increases the reserved housing requirement for a major development on a lot of at least one acre in the Kakaako community development district, mauka area.
(Enrolled to Gov) Special Association Meeting by Petition, SB1809
Requires scheduling of special association meetings by petition to be set no later than 60 days from receipt of petition. Clarifies that petitioners may send out notice of meeting and proxies at associations expense if secretary or managing agent fails to do so.
Land Use and Environment
Reclassification of Lands Contiguous of Ag Land, HB2450 HD1 SD2
Requires the land use commission to include the Right to Farm Act under chapter 165, Hawaii Revised Statutes, as a condition to any reclassification of land to an urban or rural district designation that is contiguous to an agricultural district.
EA Consultation with Affected Agencies, SB2808 SD2 HD1
Clarifies that when 2 or more agencies have jurisdiction, the office of environmental quality control shall determine which agency has the responsibility of preparing an environmental assessment after consultation with and assistance from the affected state or county agencies. Makes clarifications to the rulemaking powers of the environmental council.
Important Agricultural Lands – Incentives, SB2646 SD2 HD2
Provides incentives and protections to establish and sustain viable agricultural operations on important agricultural lands, and provides for the designation of important agricultural lands on public lands.
Tax Credit to Transfer From Ag to Conservation, SB2198 SD2 HD2
Provides a tax credit to encourage the preservation and protection of conservation land in the state.
Establishes Historic Agricultural Landmark, SB2997 SD1 HD1
Establishes historic agricultural landmarks, designated by law, to be preserved and perpetuated as agricultural land for the benefit of the people of Hawaii.
Restricts the Uses on Ag and Rural Lands, SB546 SD2 HD1
Amends the land use laws relating to agricultural districts and rural districts to protect and maintain viable agricultural productivity. Offers incentives to designate lands as important agricultural lands.
Taxation and Finance
Conveyance Tax Sunset, SB3174 SD2 HD2
Extends the sunset date of the increased conveyance tax allocation to the Rental Housing Trust Fund.
GET Exemption for Aff Hsg and Health Facility within TOD, SB3165 SD2 HD2
Specifies that a county shall not grant an exemption from the general excise tax (GET) or receipt taxes for a mixed-use transit-oriented joint development project. Exempts from GET a project developed to provide affordable rental housing or a community health care facility within a mixed-use transit-oriented joint development project.
Low Income Housing Tax Credit, HB3059 HD1 SD3
Increases the low-income housing tax credit to one hundred per cent of the qualified basis for each building located in Hawaii and adds definitions and special rules that are operative to the low-income housing tax credit.
Streamlined Sale and Use Tax, HB2961 HD2 SD2
Adopts amendments to Hawaii tax laws to implement the streamlined sales and use tax agreement.
Repeals Tax Credits and Exemptions, SB2829 SD2 HD2
Requires the Department of Taxation to evaluate certain tax credits and tax exemptions and report to the Legislature. Provides for automatic repeal of the tax credits and tax exemptions. Provides penalty for excessive amounts filed for tax refunds and credits.
For the most current and detailed information on bills, go to http://www.capitol.hawaii.gov for bill status and descriptions.