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The 2005 session of the Hawaii State Legislature opened last week Wednesday with hundreds of people converging at the State Capitol.

The HAR's four proactive issues are Economic Development, County Zoning of Agricultural Lands, Statutory Agency and Non-Agency Brokerage Relationships, and Residential Landlord Tenant Code. Our issue papers can be found on the HAR Website at

http://www.hawaiirealtors.com/government_affairs/LA/2005_Issue_Papers.pdf

Bill introduction cutoff was Thursday, January 27th, and the HAR staff is continuing to review the thousands of bills introduced.  More details on specific bills affecting you will be provided in future Government Affairs Weekly Updates as the Legislative Committee identifies the priority measures to be tracked.

Major Bills Heard in Committee this week:

Statutory Agency and Non-Agency Brokerage Relationships
House Bill 107, HAR’s bill on statutory brokerage and non-brokerage relationships was heard in the House Consumer Protection and Commerce and Judiciary Committees on January 27, 2005. Agency Sub-committee Chair Tracy Stice explained that the purpose of the bill was to clarify duties and obligations of the parties in an agency relationship and to provide alternate non-agency relationships. Chair Stice also gave examples of problems arising in various circumstances. Real Estate Commissioner Louis Abrams spoke on behalf of the Commission and asked the Consumer Protection Committee to hold the bill (in effect stopping further movement of the bill) and introduce a resolution requesting the Legislative Reference Bureau to do a comprehensive study on Agency. The bill was deferred, which means that the Committee may act on it in the future. If the bill does not move from the CPC/JUD committees by February 18, 2005, it will be carried over to the next session. In the meantime, if a resolution is introduced and passed, there will be a study on this issue.

Residential Landlord-Tenant Code
The Landlord Tenant Code bill (HB 105), which would help landlords to evict tenants dealing in illegal drug activity, is being heard in the Consumer Protection Committee today. This is the bill which nearly passed last year, but died for lack of a hearing. This year, the HPD and the Prosecutor’s Office are supporting the bill and will publicly state so in the hearing.

Summary Possession Proceeding

The HAR also testified in favor of HB 90, Relating to Summary Possession, which changes the venue for a residential landlord-tenant summary possession action from the small claims division of district court to the small claims court. The cost to evict tenants would be lower because there isn't a need for an attorney in small claims court.    

Affordable Housing
Earlier in the week, Craig Hirai, Vice Chair of the Legislative Committee, testified at an informational hearing in the House Committee on Housing regarding affordable housing and his participation in the Affordable Housing Task Force. Hirai reiterated the HAR’s opposition to the suggestion of an increase in the conveyance tax rates.
 

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 from the Neighbor-Islands. You can also send us via e-mail at govtaffairs@hawaiirealtors.com.