Recap of 2018 Hawaii Legislative Session

Recap of 2018 Hawaii Legislative Session

Recap of 2018 Hawai‘i Legislative Session

            At the beginning of the 2018 legislative session, a grand total of 2,260 measures were introduced.  By session’s end, only 229 measures passed both chambers and were enrolled or transmitted to Governor Ige for signature.  A few notable measures are highlighted below.  As indicated in our summary below, to date each of these measures have either been signed into law or vetoed by the Governor.

A proposed constitutional amendment

• SB 2922 allows Hawaii voters to determine, on the November ballot, whether to amend the Hawaii State Constitution to authorize the legislature to establish a surcharge on “investment real property” to fund public education.

Technology 

• HB 2651 establishes a process to upgrade and support next-generation wireless broadband infrastructure throughout the State, thereby paving the way towards 5G in Hawaii and smart city solutions. More specifically, the measure creates a permitting process for the installation of small wireless facilities on state and county owed utility poles. Signed into law on July 11, 2018 as Act 49.

Condominiums and Condominium Associations

• HB 1873 establishes a procedure that provides condominium owners with the right to submit disputed legal fees, penalties or fines, late fees, lien filing fees, or other charges (excluding common expense assessments), to the mediation process prior to payment. Signed into law on July 11, 2018 as Act 195.

• HB 1874 expands the scope of the Condominium Education Trust Fund to cover voluntary binding arbitration between interested parties, and amends the conditions that mandate mediation as well as the exceptions to mandatory mediation. Signed into law on July 11, 2018 as Act 196.

• HB 2275 requires certain private streets, highways, or thoroughfares in a development district of the Hawaii Community Development Authority to conform to county construction and maintenance standards. Signed into law on May 1, 2018 as Act 9.

• SB 2524 states that, for planned community associations, the owner of any parcel of land subdivided as a condominium property regime in agricultural or preservation lands shall provide public notice of the sale no later than ninety days following the sale of the parcel. Measure was vetoed on July 10, 2018.
• SB 2868 imposes registration requirements and TAT on transient accommodations brokers, travel agencies, and tour packagers that enter into arrangements to furnish transient accommodations at noncommissioned negotiated contract rates on their share of the proceeds. Signed into law on July 11, 2018 as Act 211.

Taxes 

• SB 2699 imposes the transient accommodations tax on additional resort fees that must be included in gross rental proceeds. Measure was vetoed this measure on July 10, 2018.

Affordable Housing

• HB 2328 clarifies the terms and applicability of the Hawaii Housing Finance and Development Corporation's first option to purchase or transfer to a qualified nonprofit housing trust the first option to purchase affordable housing units developed with the Corporation's financing or assistance. Signed into law on July 5, 2018 as Act 65.

• HB 2357 creates an eviction process for the Hawaii Public Housing Authority's state low-income housing projects and on elderly housing. Signed into law on July 11, 2018 as Act 204.

Campaign Finance

• SB 2153 repeals the requirement that candidate committee organizational reports include the name and address of each contributor who contributed an aggregate amount of more than $100 to the candidate committee since the last election. Signed into law on July 5, 2018 as Act 80.

• SB 2154 repeals the requirement that non-candidate committee organizational reports include information regarding contributors and contributions. Signed into law on July 5, 2018 as Act 81.

• SB 2992 requires signs and banners advocating the passage or defeat of an issue or question on the ballot to contain the name and address of the candidate, candidate committee, or non-candidate committee paying for the sign or banner. Measure was vetoed on July 10, 2018.

We hope that this summary has been informative. Should you have any questions regarding any of the measures noted in this newsletter, or any other bill contemplated by the legislature this session, please do not hesitate to contact us at (808) 521‑9500 or visit our website at  http://www.imanakaasato.com/.