No portion of this Legislative Update may be reproduced without the expressed consent of the Hawaii Association of REALTORS®.
Please email govtaffairs@hawaiirealtors.com for consent consideration.

Yesterday was the deadline to have all bills in their originating chamber "decked." When a bill is "decked," it must pass out of its final committee and placed on the Legislator's desk for a minimum of 48-hours, before a final vote in the chamber floor. If a bill did not pass out of its final committee, that bill is no longer considered for passage this year; however, it can be revived in the 2006 Legislative Session.

Landlord Tenant Code (HB 105 & SB 1335)

The Hawaii Association of REALTORS® has been working on a Landlord Tenant Code bill, which prohibits tenants or their guests from unlawfully possessing dangerous, harmful, or detrimental drugs within a dwelling unit. If the tenants or their guests are legally charged by law enforcement, landlords may rely upon written notices or reports issued by law enforcement in summary possession proceedings. Both HB 105 and SB 1335 were not heard by their respective committees and are no longer being considered for passage this year.

Hand-held Cellular Phones (HB 88, HD2)

HB 88, HD 2 bans the use of hand held cellular phones while driving, with the exception of hands-free technology. The House Committee on Judiciary changed the effective date to January 1, 2020 to stimulate further discussion. This bill has met the decking deadline and has crossed over to the Senate for their deliberations and committee hearings.

Drug Rehabilitation Homes (HB 1734, HD1)

This bill returns the counties' power to regulate land use in residential zoned districts repealing the provision that allows drug rehabilitation homes as a permitted use in residential zoned districts without the need for any county conditional use permit, variance, or other special permit. HB 1734, HD1 made the deadline and will now go for a floor vote before it is transmitted to the Senate.

Labor Disputes in Residential or Dwelling Property (SB 536)

This bill attempts repeal the law that prohibits picketing at the residence or dwelling place of an individual during a labor dispute. If this bill passes as is, it will alienate the rights of property owner and leave open the potential for liability, crime, and miscellaneous other issues, without any consent. This bill will go for a floor vote before it is transmitted to the House.

Public Access to Shorelines (SB 1884, SD1)

The purpose of this measure is to require the counties to adopt ordinances that require subdividers or developers to connect existing accesses to the shoreline with lateral public access along the shoreline as a condition to the final approval of a subdivision. This places additional liability on land owners by allowing persons to pass over their land without protection from liability incurred by possible accidents. Presently the State of Hawaii has had to settle lawsuits of the Sacred Falls landslide and other public liability issues. This bill will for a floor vote before it is transmitted to the House.

Hawaii Catastrophic Relief Fund (HB 1111, HD1)

The purpose of this bill is to establish a catastrophic relief fund for the residents of Hawaii, which will provide reinsurance for the risks of catastrophic events and mitigate the impact of a catastrophic or emergency condition in Hawaii. The Hawaii Hurricane Relief Fund (HHRF) will be repealed and the funds allocated to a newly created Hawaii Catastrophic Relief Fund (HCRF). The Hawaii Association of REALTORS® opposed this bill because our position is to protect the integrity and intent of the HHRF. This bill passed out of the House Committee on Finance yesterday.

County Tax for Transit Services (HB 1309, HD1; SB 1366, SD2)

A few bills calling for a raise in county taxes are still alive in both the House and Senate. They will now go for a floor vote in their respective chambers and then crossover. These bills will most likely be amended again when it is heard, but the substantive issue of raising the General Excise Tax will continue to be a principal item. HB 1309, HD1 would authorize counties to levy a GET up to 1% for transit. SB 1366, SD2 would impose a 1% GET and allocate portions to the counties for transit and possibly tax relief. We opposed both.

The Hawaii Association of REALTORS® will publish a report in next week's Legislative Update on the specific bills that passed the crossover deadline.

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

More details on specific bills will be provided in future Government Affairs Weekly

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