HAR Legislative Update - March 6, 2009

HB1742 subjects to the General Excise Tax certain sales of real property and sales of securities, commodity futures, and bonds; repeals certain general excise and use tax, excise exemptions and exclusions, such as trades, nonprofits, school tuition, etc.; and reduces the tax rate on sales to the final consumer from 4% to 3.5%.
Position: Opposed. (Testimony)

HB1548 is an omnibus tax bill that increases general excise tax rates, reduces income tax rates, and establishes hotel construction and remodeling tax credit.
Position: Opposed. (Testimony)

SB456 prohibits discrimination in real property transactions based on lawful source of income.
Position: Expressed Concerns. (Testimony)

SB1156 would prohibit rental agreements from having no pet clauses.
Position: Opposed. (Testimony)

SB1068 requires foreclosing lender and landlord to give notice to tenants of rental housing units facing foreclosure before tenant may be served with an eviction notice.
Position: Opposed section which required 3 days notice from date of foreclosure proceeding. (Testimony)

HB251 allows the redesignation of certain residential subdivisions in the agricultural district into the rural district, subject to certain criteria.
Position: Support. (Testimony)

HB1606 provides for the mandatory lease-to-fee conversion of leasehold business property. (Testimony)

SB1153 amends the permitted uses of land within the agricultural district with soil classifications of A or B to include educational appurtenances of a farming operation. (Testimony)

SB581 prohibits use of power of eminent domain to take and transfer private property to a private entity that had expressed interest in purchasing the same property for development purposes or other private use. (Testimony)

HB202 provides for notice to tenants of rental properties that are foreclosed upon.
Position: Support intent and provided comments. (Testimony)

HB1189 requires petitioners for reclassification of district boundaries and developers of 25 or more housing units provide for at least 60% of the units to be affordable housing, of which 25% going to the households earning up to 80% of the area median income. (Testimony)

SB737 authorizes mixed-use housing projects and infrastructure projects that are associated with a housing or mixed-use housing project to be eligible for the expedited review process currently offered to qualifying housing projects. (Testimony)

HB51 prohibits persons convicted of felonies involving fraud or misrepresentation from being licensed as a real estate broker (commenting testimony).
Position: Provided comments and deferred to Real Estate Commission on screening procedures. (Testimony)

SB500 and SB594 limit the size and commercial use of outdoor advertising displays on residential property.

HB342 and HB348 repeal deadline for counties electing to establish a county surcharge on state tax to pass an ordinance to enact the surcharge.

HB1625 requires the Dept. of Tax to coordinate with the Hawai'i Tourism Authority and each county to identify property owners subject to the transient accommodations tax who operate transient vacation rentals and bed and breakfast establishments, and allows audits of these owners and other enforcement actions.

HB157 removes real property tax information from the list of public records subject to disclosure, such as those from the City and County.



Government Affairs Update March 6, 2009 HAR HELPS DEFEAT THE FOLLOWING BILLS General Excise on Sales of Real Property and Repeal Exemption for Membership Fees HB1742 subjects to the General Excise Tax certain sales of real property and sales of securities, commodity futures, and bonds; repeals certain general excise and use tax, excise exemptions and exclusions, such as trades, nonprofits, school tuition, etc.; and reduces the tax rate on sales to the final consumer from 4% to 3.5%. Position: Opposed. (Testimony) General Excise Increase HB1548 is an omnibus tax bill that increases general excise tax rates, reduces income tax rates, and establishes hotel construction and remodeling tax credit. Position: Opposed. (Testimony) Source of Income as Protected Class SB456 prohibits discrimination in real property transactions based on lawful source of income. Position: Expressed Concerns. (Testimony) Pet as Protected Class and No Pet Clauses in Rental Agreement SB1156 would prohibit rental agreements from having no pet clauses. Position: Opposed. (Testimony) SB1157 would create a protected class based on domesticated pets. Position: Opposed. (Testimony) Tenant Notification on Foreclosure Proceeding SB1068 requires foreclosing lender and landlord to give notice to tenants of rental housing units facing foreclosure before tenant may be served with an eviction notice. Position: Opposed section which required 3 days notice from date of foreclosure proceeding. (Testimony) OTHER BILLS THAT FAILED TO MAKE THE CUT LAND USE Redesignation of Certain Ag Lands into Rural HB251 allows the redesignation of certain residential subdivisions in the agricultural district into the rural district, subject to certain criteria. Position: Support. (Testimony) Mandatory Leasehold Conversion; Businesses HB1606 provides for the mandatory lease-to-fee conversion of leasehold business property. (Testimony) Permitted Uses on Ag Lands (A&B Soil) SB1153 amends the permitted uses of land within the agricultural district with soil classifications of A or B to include educational appurtenances of a farming operation. (Testimony) Eminent Domain SB581 prohibits use of power of eminent domain to take and transfer private property to a private entity that had expressed interest in purchasing the same property for development purposes or other private use. (Testimony) RENTALS AND AFFORDABLE HOUSING Tenant Notification on Foreclosure Proceeding HB202 provides for notice to tenants of rental properties that are foreclosed upon. Position: Support intent and provided comments. (Testimony) Petition for Reclassification; Affordable Housing Requirement HB1189 requires petitioners for reclassification of district boundaries and developers of 25 or more housing units provide for at least 60% of the units to be affordable housing, of which 25% going to the households earning up to 80% of the area median income. (Testimony) Housing & Infrastructure Development (Mixed Use) SB737 authorizes mixed-use housing projects and infrastructure projects that are associated with a housing or mixed-use housing project to be eligible for the expedited review process currently offered to qualifying housing projects. (Testimony) BROKER & SALESPERSON Real Estate Brokers; Felony HB51 prohibits persons convicted of felonies involving fraud or misrepresentation from being licensed as a real estate broker (commenting testimony). Position: Provided comments and deferred to Real Estate Commission on screening procedures. (Testimony) Outdoor Advertising on Residential Property SB500 and SB594 limit the size and commercial use of outdoor advertising displays on residential property. TAXATION & FINANCE Authorizes County Surcharge for Other Counties HB342 and HB348 repeal deadline for counties electing to establish a county surcharge on state tax to pass an ordinance to enact the surcharge. Transient Accommodation Tax; B&B and TVR HB1625 requires the Dept. of Tax to coordinate with the Hawai'i Tourism Authority and each county to identify property owners subject to the transient accommodations tax who operate transient vacation rentals and bed and breakfast establishments, and allows audits of these owners and other enforcement actions. Removal of Property Tax Information HB157 removes real property tax information from the list of public records subject to disclosure, such as those from the City and County. > Go Back to Newsstand
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