2008 Legislative Session
Updated May 19, 2008
No additional updates will be made this this page.
For a more thorough end-of-session report, please go to the following link: May Report
Business & Transactional
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Mortgage Foreclosure Rescue Consultants [Support]
Requires mortgage foreclosure rescuers to provide specific information and disclosures to distressed property owners and imposes specific prohibitions on mortgage foreclosure rescuers.
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Planned Community Association - Seller's Disclosure [Support]
Requires the minutes of meetings of the board of directors for a planned community association to record the vote of each board member present on all motions except motions voted upon in executive session. Requires the inclusion of property restrictions or conditions of use in a seller's disclosure statement.
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Group Health for Sole Proprietors [Support]
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 and are located in the group issuer's service areas. Authorizes the insurance commissioner to exempt certain group health plans based on specified criteria. Allows limits on timing of enrollment and reenrollment to control adverse selection and plan costs. Repeals on 7/1/13.
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Improper Influence of Real Estate Appraisers [Comments]
Prohibits financial institutions and mortgage brokers from improperly influencing the reporting, result, or review of a real estate appraisal. Effective 01/01/2050.
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Increases Small Claims Court Amount [Monitor]
Changes the maximum amount brought in small claims court from $3,500 to $5,000, as well as the maximum amount claimed owed in all cases for the return of leased or rented personal property brought in small claims court from $3,500 to $5,000 and the maximum worth of that leased or rented personal property from $3,500 to $5,000.
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Testimony
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Disclosure of Owner Builders - Seller Disclosure [Support Intent]
Requires sellers to disclose whether building or structure improvement was done under an owner-builder permit. Clarifies owner-builder exemption under section 444-2(7) applies only to the building of, or structural improvement to, a building or structure. Establishes penalties for owner-builders who fail to comply with the terms of section 444-2(7), including restriction on resale of property. Effective January 1, 2112. |
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Injuctive Relief for Private Nuisance [Monitor]
Authorizes injunctive relief and damages for private nuisance due to excessive noise.
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RICO Complaint Record on Website [Support]
Removes records of complaints from the exceptions to the types of information that are not subject to disclosure as public documents.
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Owner-Builder Permit [Monitor]
Allows owners or lessees who build or improve upon their property and are thereby exempt from the contractor licensing law, to sell or lease the structures without regard to the one-year post-construction restriction on sales and leases, due to certain unforeseen circumstances. Exempts these owner-builders from the contractor licensing law for multiple projects on the same property.
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Planned Community Association - Seller's Disclosure [Support]
Requires the inclusion of property restrictions or conditions of use in a seller's disclosure statement.
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Land Use & Environment
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Land Use Commission Decision Making Criteria [Support Intent]
Amends Land Use Commission decision-making criteria to include the County General Plan and plans adopted pursuant to the general plan. |
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Incentives for Important Agricultural Lands (IAL) [Support Intent]
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. |
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Creation of Agricultural Buffer Zone [Monitor]
Establishes conditions for the granting of approval of petitions for boundary amendments where lands in the petition area are contiguous or adjacent to lands in the agricultural districts. |
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Certain Exemption to Environmental Assessment [Support]
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. |
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Prohibited Uses on Agricultural Lands [Oppose]
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.
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Moratorium on Well Construction [Oppose]
Establishes a moratorium on the issuance of permits for well construction on certain agricultural lands.
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Testimony |
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Incentive for the Preservation of IAL [Support the Intent ]
Provides various tax incentives, establishes rules, residential housing initiatives, and loan guaranty programs that protect and sustain viable agricultural operations on important agricultural lands.
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Incentives for the Preservation of IAL [Support the Intent]
Provides incentives and protections to establish and sustain viable agricultural operations on important agricultural lands.
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Private Access & Right of Way Prior to Approval of Development [Oppose]
Requires state and county agencies to ensure that a public right-of-way is available prior to the approval of any development project, subdivision, or zoning change. Modifies definitions of "public recreational area".
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County Reclassification of Lands No More than 50 Acres [Support]
Allows county land use decision-making authority to reclassify lands not more than fifty acres. Allows for the consolidation of the boundary amendment process with county proceedings to amend land use maps contained in county plans.
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Affordable Housing Requirement for Subdivision & Building Permit [Monitor]
Authorizes each county to impose upon certain subdividers or developers an affordable housing requirement as a condition for approval of a subdivision or issuance of a building permit. Requires approval of the requirement by the Land Use Commission.
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Landlord Liability [Monitor]
Removes the liability of landowners regarding natural conditions on their land that cause damage outside the land.
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Public Access to Shoreline by Private Landowners [Oppose]
Codifies common law regarding non-liability of landowners regarding natural conditions on their land that cause damage outside the land.
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Expedited Process to Reclassify - LUC [Monitor]
Establishes expedited procedures before the Land Use Commission for counties to reclassify lands to conform to county land uses in county plans.
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Testimony
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Roads in Limbo - Jurisdictional Dispute [Support]
Allows any person to file for a contested case hearing to determine jurisdiction over a public road and establishes the determination process.
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Redesignation of Certain Agricultural Lands [Support Intent ]
Allows the redesignation of certain residential subdivisions in the agricultural district into the rural district, subject to certain criteria.
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Eminent Domain [Support]
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.
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Moratorium on Agricultural Lands [Oppose]
Establishes a five-year moratorium on the development of agricultural lands located in the State for which general planning has not commenced. Creates a sunset date of 6/30/2013.
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Residential & Multifamily Housing
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Mandatory Solar Heating on New Single Family [Concerns]
Directs the public utilities commission to establish standards for solar water heater systems. Prohibits issuance of a building permit on or after 1/1/2010 for single-family residences that do not include a solar water heater system that meets the standards. Allows the energy resources coordinator to approve a variance for installation of solar water heater systems. Restricts the solar thermal energy systems tax credit available for single-family residential properties to those properties for which permits were issued prior to 1/1/2010. Provides that renewable energy technologies tax credits for systems installed and placed in service in 2009 for single-family residential properties may not be claimed by residential home developers.
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Permitted Use of Clothesline in Residences [Oppose]
Allows for the use of clotheslines on any privately owned single-family residential dwelling or townhouse.
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Domestic Violence Victims in Rental Housing [Concerns]
Provides protections for domestic violence victims in rental housing.
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Rental Security Deposits with Interest [Oppose]
Requires landlords to add 6% interest to security deposits returned to tenants and to maintain security deposits and any interest accruing thereto in trust or separate accounts. |
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Regular Survey of Multi-Unit residents [Oppose]
Requires regular surveys of residents of multi-unit residential buildings on specific needs and issues relating to medical needs, accommodations for the disabled, and other special needs for emergency preparation purposes. |
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Regular Survey of Multi-Unit residents [Oppose]
Requires regular surveys of residents of multi-unit residential buildings on specific needs and issues relating to medical needs, accommodations for the disabled, and other special needs for emergency preparation purposes. |
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Tenant Screening Agencies [Support Intent]
Establishes regulatory provisions for tenant screening agencies. |
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Taxation & Finance
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Conveyance Tax -Sunset [Support]
Extends the sunset date for the allocation of 50% of the conveyance tax to the rental housing trust fund. |
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Streamlined Sales and Use Tax Amendments [Support]
Adopts amendments to Hawai'i tax laws to implement the streamlined sales and use tax agreement.
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Anti Speculation Tax [Oppose]
Assesses a graduated anti-speculation tax on the capital gains realized on real property held for less than 24 months before sold. |
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Anti Speculation Tax [Oppose]
Assesses a graduated anti-speculation tax on the capital gains realized on real property held for less than 24 months before sold. |
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Affordable Housing
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Low Income Housing Tax Credit [Support]
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.
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GET Exemption for Affordable Housing & Health Care Facility [Support]
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. (SB3165 HD2)
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Hula Mae Revenue Bond - Housing & Mortgage [Support Intent]
Provides an increase in Hula Mae multifamily revenue bond authority from $400 million to $500 million to provide financing assistance for the development and preservation/rehabilitation of affordable housing. |
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RESOLUTIONS
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Real Estate Commission [Support]
Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominee, CAROL MAE A. BALL, for a term to expire 6-30-2012.
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GOVERNOR'S
MESSAGE
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