HOUSE OF REPRESENTATIVES

THE TWENTY-EIGHTH LEGISLATURE

REGULAR SESSION OF 2015

 

COMMITTEE ON CONSUMER PROTECTION & COMMERCE

Rep. Angus L.K. McKelvey, Chair

Rep. Justin H. Woodson, Vice Chair

 

Rep. Della Au Belatti

Rep. Mark M. Nakashima

Rep. Tom Brower

Rep. Marcus R. Oshiro

Rep. Richard P. Creagan

Rep. Joy A. San Buenaventura

Rep. Sharon E. Har

Rep. Gregg Takayama

Rep. Mark J. Hashem

Rep. Ryan I. Yamane

Rep. Derek S.K. Kawakami

Rep. Beth Fukumoto Chang

Rep. Chris Lee

Rep. Bob McDermott

 

AMENDED NOTICE OF HEARING

 

DATE:

Monday, March 16, 2015

TIME:

2:00pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A M E N D E D A G E N D A

 

The following measure(s) has been ADDED to the hearing notice: SB14 SD1, SB826 SD1, SB1262 SD1, SB514 SD1, SB401 SD1, SB1265

 

SB 14, SD1

(SSCR615)

Status

RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

Amends the residential landlord-tenant code to allow use of the security deposit to: replace keys, including key fobs, parking cards, garage door openers, and mail box keys; and pay for utility service provided by the landlord under the rental agreement but not included in the rent. Takes effect 11/01/2015. (SD1)

 

CPC, JUD

SB 826, SD1

(SSCR614)

Status

RELATING TO CONDOMINIUMS.

Requires an association of unit owners to adopt a tax resolution and to fill positions on its board of directors for expired or expiring board positions during the association's annual meeting. Allows for rescheduling and reduced quorum requirements if annual meetings cannot be held to adopt a tax resolution or elect a board of directors. Authorizes the termination of a managing agent's service contract by the association in certain circumstances. Establishes requirements for the location of association meetings, the accounting practices of associations, and the request of records by association members. Effective 07/01/2050. (SD1)

 

CPC, JUD

SB 756, SD1

(SSCR638)

Status

RELATING TO THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT.

Establishes a mortgage license exemption for sellers of real property who offer or negotiate terms of a residential mortgage loan secured by the seller's own real property and for which the seller is the mortgagee; provided that the seller is an individual who provides three or fewer mortgage loans in one calendar year and the interest is not above the State's usury limit. Requires the seller to provide the buyer a disclosure with the terms of the transaction. (SD1)

 

CPC, JUD

SB 1262, SD1

(SSCR651)

Status

RELATING TO THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT.

Permits the commissioner of financial institutions to make a finding to adjust the assessed mortgage loan recovery fund fee once the mortgage loan recovery fund reaches its target balance. (SD1)

 

CPC, FIN

SB 17

(SSCR547)

Status

RELATING TO REAL ESTATE SELLER DISCLOSURE.

Clarifies that the required disclosure of documents by a seller for residential real property that is subject to restrictions or conditions on use applies to documents that are within a seller's knowledge or control. Takes effect on November 1, 2015.

 

CPC, JUD

SB 134, SD2

(SSCR626)

Status

RELATING TO PARTITION OF HEIRS PROPERTY.

Adopts Uniform Partition of Heirs Property Act. Establishes procedures and remedies for use in actions for partition of real property involving heirs property (real property held in tenancy in common that meets certain requirements). Effective July 1, 2020. (SD2)

 

CPC, JUD

SB 514, SD1

(SSCR608)

Status

RELATING TO THEFT OF PERSONAL ELECTRONIC DEVICES.

Establishes a class C felony for theft of personal electronic devices that may be used to store or retrieve personal information. Effective 01/07/2059. (SD1)

 

CPC, JUD, FIN

SB 401, SD1

(SSCR655)

Status

RELATING TO TAXATION.

Amends the excise tax rate on the sale of large cigars beginning on 12/31/2015 to the lesser of 50 cents for each large cigar or 50 per cent of the wholesale price of each large cigar. (SD1)

 

CPC, FIN

SB 464, SD1

(SSCR578)

Status

RELATING TO CONSUMER PROTECTION.

Requires persons charging a consumer's credit or debit card or account for automatic renewal or continuous service offer to first obtain the consumer's acknowledgment and affirmative consent. Requires acknowledgment of terms, cancellation policy, and how to cancel to be provided. Requires free trial offers to clearly and conspicuously disclose how to cancel the agreement prior to the consumer being charged for goods and services. Requires clear and conspicuous disclosure of cancellation mechanisms and notice of material changes in the terms of an automatic renewal or continuous service offer. Effective 07/01/2050. (SD1)

 

CPC, JUD

SB 1265

(SSCR567)

Status

RELATING TO THE INSURANCE HOLDING COMPANY SYSTEM.

Makes certain clarifying amendments to article 11 of the State insurance code, relating to the insurance holding company system. Takes effect on 1/1/2016.

 

CPC, JUD

SB 722, SD2

(SSCR584)

Status

RELATING TO LONG-TERM CARE INSURANCE.

Requires the thirty-day lapse or termination notices for long-term care policies to be sent by certified mail or commercial delivery service instead of first-class mail. Takes effect on 1/1/2016. (SD2)

 

CPC, JUD

SB 1095, SD1

(SSCR566)

Status

RELATING TO HEALTH INSURANCE.

Updates title 24 of the Hawaii Revised Statutes, relating to insurance, by: specifying that rerating of rates approved by the insurance commissioner is prohibited; permitting the suspension, revocation, or denial of a mutual benefit society's certificate of authority under certain conditions; and making other conforming amendments. (SD1)

 

CPC, FIN

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony no later than 24 hours prior to the hearing. Persons submitting testimony on the day of the hearing MUST submit 22 copies at the hearing. Staff will not be able to make copies. Testimony should indicate:

     Testifier's name with position/title and organization;

     The Committee(s) to which the comments are directed;

     The date and time of the hearing; and

     Measure number.

 

While every effort will be made to incorporate all testimony received, materials received on the day of the hearing or improperly identified or directed, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER: 22 copies (including an original) to Room 304 in the State Capitol;

FAX: For testimony less than 5 pages in length, transmit to 808-586-6211 (Oahu) or 1-800-535-3859 (for Neighbor Islander without a computer to submit testimony through e-mail or the Web); or cpctestimony@capitol.hawaii.gov

WEB: For testimony less than 10MB in size, transmit from http://www.capitol.hawaii.gov/submittestimony.aspx.

 

Testimony submitted will be placed on the legislative website. This public posting of testimony on the website should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6266 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements. Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live. Check the current legislative broadcast schedule on the "Capitol TV" website at www.capitoltv.org or call 536-2100.

 

 

 

 

________________________________________

Rep. Angus L.K. McKelvey

Chair