New State Law Helps to Regulate Condo Association Boards

A new Hawaii state law has been passed help regulate how condominium association boards manage their properties and finances.  Financial records, association membership lists, and contracts for property management and maintenance must now be delivered to any owner within 30 days of their written request.  This is especially important for the state of Hawaii which has approximately 1,591 registered condo associations an more than 150,000 condominium units.  State senator Rosalyn Barker, the chairwoman of the Senate Committee on Commerce and Consumer Protection, stated, "These owners should not have to go to court or mediation to exercise their rights to these documents, records and information."

Technically, condominium owner's rights to these documents are not new, but were scattered in different sections of state condo law and at times seemed to contradict themselves.  The new law incorporates all of the document descriptions into one section of the law and adds the 30-day delivery requirement.  Condo associations an management firms can charge $1 per page to cover administrative and duplication costs.  Documents may also be delivered electronically or made available for free via download on the internet.

Source: Honolulu Star Advertiser, 7-13-2014, www.staradvertiser.com
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Governor Signs New Minimum Wage Into Law

Governor Neil Abercrombie has signed a new law that will gradually increase the minimum wage in Hawaii to $10.10 per hour by January 2018.  Under the law, the wage will increase to $7.75 in January 2015, to $8.50 in January 2016, to $9.25 in January 2017 and to $10.10 in January 2018. Hawaii's minimum wage is currently $7.25 per hour and has been that way since 2007.  The tip credit will also increase to 50 cents per hour in January 2015 and to 75 cents per hour in January 2016, but businesses will only be able to deduct the tip credit from workers who earn at least $7 per hour above the minimum wage.

Source: Honolulu Star Advertiser, 5-24-2014, www.staradvertiser.com
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Anti-Smoking Bill for Public Housing Advances

State Senator Josh Green, the chairman of the Senate Health Committee, introduced Senate Bill 651 which would prohibit smoking within 20 feet of all state and federal public housing buildings, entrances, exists, windows, and ventilation systems.  This anti-smoking legislation would also apply to all common areas such as roofs, halls, sidewalks, lobbies, stairways basements, gardens, and parking areas.  Green stated, "In general I think the state should take a very firm stance against smoking in any public setting, including public housing, because it affects the health of the smokers, and secondhand smoke affects other individuals around them, including children. It's a very clear public health priority for me to diminish smoking statewide, and this (bill) is, as far as I'm concerned, a reasonable piece of that policy."

If a occupant of public-housing violates the anti-smoking policy four times, they could have their lease terminated. Smoking would be defined as "inhaling, exhaling, burning or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form." The Bill is now going before both chambers for final approval.  If it makes it through the state legislature, it would be sent to Governor Neil Abercrombie for his signature and approval.

Source: Honolulu Star Advertiser, 4-28-2014, www.staradvertiser.com
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Hawaii Minimum Wage May Increase to $10.10 per Hour By January 2018

Members of the state of Hawaii's House and Senate are hoping to come to an agreement to increase Hawaii's minimum wage to $10.10 per hour by January 2018.  This matches President Barack Obama's suggested increase to the federal minimum wage. According to the state Department of Labor and Industrial Relations, approximately, 2.2 percent of the state's labor force earned the minimum wage or less in 2012.

Source: Honolulu Star Advertiser, 4-26-2014, www.staradvertiser.com
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Update on Kakaako Makai and Office of Hawaiian Affairs

The Office of Hawaiian Affairs has requested that the state legislature show their support for Senate Bill 3122, which would allow the development of high-rise housing in Kakaako Makai, a 31 acre property on the ocean side of Ala Moana Boulevard.  Under Senate Bill 3122, OHA would be allowed to create three residential towers between Kewalo Basin and Honolulu Harbor.  Two of the properties would be a maximum of 400 feet tall and one of the properties would be limited to 200 feet tall.

Kakaako Makai was transferred to the Office of Hawaiian Affairs in 2012, to help settle a long-disputed ceded-land revenue claim.  At that time, Kakaako Makai was valued at $200 million by the state of Hawaii, but OHA has since stated that the land, in its present commercial zoning, is not worth that much.  In order to increase the value of land to $200 million, OHA has asked to build a couple of residential properties.  The rental income generated by these properties would help to fund programs and services benefiting native Hawaiians. The Office of Hawaiian Affairs promises that the development of Kakaako Makai will be done in such a way that balances commerce and culture without inhibiting public access to the shoreline.

Source: Honolulu Star Advertiser, 4-23-2014, www.staradvertiser.com
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"Save Our Kakaako" Demonstrators Protest Unchecked Redevelopment

Over 130 members of various nonprofit organizations joined together under the banner of "Save Our Kakaako" over the weekend to protest the proposed redevelopment of the neighborhood which they believe is proceeding unchecked.  The biggest concern seems to be focused around two Office of Hawaiian Affairs-backed bills that would allow for residential development to occur on the Makai Kakaako parcels that are now owned by OHA.  In 2006 a law was passed that prohibited projects on the ocean-facing side of Ala Moana Boulevard, but at that point the land was owned by the state and not the Office of Hawaiian Affairs.  Ron Iwami, the president of Friends of Kakaako, stated, "We want to keep the makai lands residential-free for all the people of Hawaii, including Native Hawaiians." Sharon Moriwaki, the president of Kakaako United, added, "This is a people's war. HCDA, the steward of this land, has sold us out. We have no chance. We have to get to our legislators."

Source: Honolulu Star Advertiser, 3-9-2014, www.staradvertiser.com
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State Minimum Wage Bill Gains Support, Debate on Tip Credit

State of Hawaii House and Senate leaders have reached a tentative agreement to raise the minimum wage to $10 per hour by January 2018.  Currently the state's minimum wage is $7.25 per hour, and under the proposed bill, there will be gradual increases over the next four years. However, Senator Clayton Hee, the chairman of the Senate Judiciary and Labor Committee, stated that he would like to debate the tip credit amount before moving the bill forward.  Tip credit is the amount that a business can deduct from the minimum wage for waiters and other workers who earn tips.  Currently, Hawaii has a 25 cent tip credit and this new bill would increase tip credit to 75 cents.  Senator Hee stated that he would like to eliminate the tip credit entirely, while several other senators and congressmen have stated that they would like to make the amount higher than 75 cents.  Hee stated, "In my opinion, a tip credit is a revenue enhancement for employers.  It works like a tax credit but it's not a tax. So my view is if the Legislature wishes to provide some kind of financial relief in the form of a tax credit, it ought to do so, straight up, and not disguise it as a tip credit."

According to the state Department of Labor and Industrial Relations, the average tipped worker in the state of Hawaii earned $9.87 per year including tips.  Waiters and servers earn an average of $12.64 per year.  The average for all workers is $21.53 per hour.

Source: Honolulu Star Advertiser, 2-20-2014, www.staradvertiser.com
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Senator Clayton Hee Proposes Two Bills for Traffic and Erosion Problems on North Shore of Oahu

Two bills have been introduced by state Senator Clayton Hee to help ease traffic and beach erosion problems on the North Shore of Oahu.  The first bill that Senator Hee is proposing would move a section of Kamehameha Highway from Laniakea to Chun's Reef further mauka (closer to the mountains).  Hee is also suggesting that the state should create a wayside park on the makai (ocean) side of that portion of the highway.  Hee stated, "Right now, nobody's talked about a park, it's always been, ‘Move the highway. But it's been over a decade, so we're trying to spur the discussion and accomplish two things at the same time — the creation of the park and the movement of the highway mauka."

The second bill that Senator Hee introduced would have the University of Hawaii's Sea Grant College Program create a North Shore beach management plan for the North Shore of Oahu. Hee commented that this bill was prompted after high surf threatened several houses on the Rocky Point neighborhood.  Hee added, "It's important that legislators hear from the community and part of this is to mobilize the community to be a part of the solution as opposed to wondering what government solutions might exist."

Source: Honolulu Star Advertiser, 2-16-2014, www.staradvertiser.com
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OHA's Kakaako Makai Condominium Development Plan Gains Support in Senate

The Office of Hawaiian Affairs has stated that they would like to have the right to develop 3 or 4 condominium towers on land that they own in Kakaako Makai.  Under the amended bill that passed through two Senate committees, they would restrict housing to three inland parcels of the nine lots that were given to them by the state two years ago as a settlement for disputed claims over unpaid ceded land revenue.  The amended bill also increases the development height limit for the two parcels that front Ala Moana Boulevard to 400 feet from 200 feet.

OHA official submitted written testimony that stated, "We seek to find the highest point at which the culturally rich use of our Kakaako Makai lands intersects with revenue-generating use of the parcels.  We understand better than any other developer the impacts of irresponsible development. Native Hawaiians have been victims of, and suffered most from, the consequences of reckless development."

Homelani Schaedel, an OHA beneficiary, added, "While we will hear voices who oppose the passage of this bill, it is time for all to hear (that) we are tired of being told what we can or cannot do, or what we should and should not do with our lands. I ask all here to remember, it was our ancestors who walked and worked these lands. They taught us how to be good stewards of the aina (land). We agree Kakaako Makai is for the benefit of Native Hawaiians. What we may not agree on is how it should be developed. That kuleana (responsibility) rests on the shoulders of OHA and its trustees. Do not tie their hands."

The Senate bill will now move to the Judiciary Committee.  If passed it will move to various House committees.

Source: Honolulu Star Advertiser, 2-13-2014, www.staradvertiser.com
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New Minimum Wage Bills Advanced

State Senator Clayton Hee and State Representative Mark Nakashima have advanced new bills that would increase that state's minimum wage.  Under House Bill 2580, there would be a gradually increase the minimum wage until it reaches $9.50 an hour by January 2017 and the wage would be adjusted in future years based on the Consumer Price Index. The 25-cent tip credit would be eliminated.  Under Senate Bill 2609, there would be a gradual raise of the minimum wage to $10.10 an hour by January 2017. Future increases would be tied to the Consumer Price Index. The tip credit would be repealed.  Tip credit is the amount that business can deduct from restaurant staff and other workers who earn tips and has been one of the main focuses of argument in past minimum wage debates in Hawaii.

The state's minimum wage is $7.25 per hour and has not increased since 2007.  The tip credit is currently only 25 cents.   The Chamber of Commerce of Hawaii and the Hawaii Food Industry Association have warned that an increase in minimum wage could mean that businesses will lay off workers or raise prices.

Source: Honolulu Star Advertiser, 2-13-2014, www.staradvertiser.com
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Four Bills Advance that Would Limit the Authority of the HCDA

The state House Committee on Water and Land has revised and advanced four bills, out of the seven that were proposed, that may affect the Hawaii Community Development Authority.  The HCDA is the state agency that is overseeing the redevelopment of Kakaakao, and has recently been under criticism from current Kakaako residents who feel that the neighborhood is being changed too quickly.  These opponents feel that the HDCA is serving the interests of large developers instead of that of the community.

The bills that have advanced are:

HB 1867: Towers must be separated by 300 feet, no tower higher than 400 feet.
HB 1866: Limit the governor’s power to appoint HCDA board members.
HB 1865: Require a management and financial audit of HCDA.
HB 1863: Allow citizens to sue HCDA.

These bills will now be reviewed by a state House Finance committee.  If some or all of these bills pass the committee, they would then be sent over to the Senate.

Source: Honolulu Star Advertiser, 2-12-2014, www.staradvertiser.com
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Proposed Bill Would Limit the Power of the Hawaii Community Development Authority

The Hawaii Community Development Authority is a state agency responsible for the redevelopment of Kakaako.  When the authority was created in 1976, their mission was to help to revitalize Honolulu's urban core with mixed used developments.  However, some citizens are concerned that the HDCA is catering to heavily towards developers and are concerned about increased traffic, the blocking of view channels, and the expense of infrastructure that would be created by high rise condominiums that are being proposed for Kakaako.  Other citizens argue that the luxury condominium units are targeting mainland and foreign buyers and that the "affordable" buildings are still much too expensive for the majority of Hawaii residents.  As a result, Scott Saiki, the State House Majority Leader, is proposing a series of bills that would limit the power of the Hawaii Community Development Authority and would establish legislative oversight on their actions. One of the bills would impose a one-year moratorium on the approval of any plan in Kakaako, which would slow down the building process considerably.

Source: Honolulu Star Advertiser, 1-25-2014, www.staradvertiser.com
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University of Hawaii Athletic Department Could Get Additional Money From State

State Representative K. Mark Takai is proposing a new bill which would provide the University of Hawaii's athletic department up to $10 million to help improve its facilities and programs. Under the proposal, the state would provide $2 for every $1 of new money raised by the athletic department.  Takai reiterated, "If they raise $3 million in new money, then they get $6 million for a total of $9 million. Just giving them the money outright with no ability to leverage the dollars is, I think, short-sighted. What I want is a sustainable future for UH."  The bill is still in its first stages and would have to gain support in the state congress and senate.

Source: Honolulu Star Advertiser, 1-8-2014, www.staradvertiser.com
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Gay Marriages Become Legal in Hawaii

On December 2, 2013, the state of Hawaii will become the 15th state in the country to legalize gay marriage. The University of Hawaii Economic Research Organization believes that this will increase the state's tourism by $217 million over the next three years.  Area Managing Director for the Starwood Hotels and Resort's, Kelly Sanders, commented, "I think overall marriage and weddings is a key part of what we do in Hawaii. When you look at the GLBT market, the biggest thing is they need to know they're welcome. Hawaii is an all-inclusive destination."

Source: Honolulu Star Advertiser, 12-1-2013, www.staradvertiser.com
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Hawaii Judge Rules That New Marriage Equality Law is Legal

State of Hawaii Circuit Court judge, Karl Sakamoto, ruled that the new marriage equality law is legal, denying a temporary restraining order that was requested by opponents of gay-marriage in Hawaii.  According to Sakamoto, the state Legislature has the inherent authority to define marriage independently of a 1998 constitutional amendment that gave lawmakers the power to reserve marriage for heterosexual couples. Sakamoto also noted that the U.S. Supreme Court's ruled in June 2013 that legally married gay couples are entitled to federal benefits but that individual states can decide whether to approve gay marriage.  Sakamoto stated, "After all the legal complexity of the court's analysis, the court will conclude that same-sex marriage in Hawaii is legal."

Source: Honolulu Star Advertiser, 11-15-2013, www.staradvertiser.com
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Governor Signs Bill Helping Low to Mid-Income Families Qualify for Mortgage Loans

Governor Neil Abercrombie has signed a Senate Bill 1025 into law, allowing more low to mid-income families the opportunity to qualify for mortgage loans.  The bill updates the Hawaii based Hula Mae Single Family Mortgage Loan Program and eases requirements for potential home owners.  Under Hula Mae, buyers may be able to qualify for lower than market value interest rates and receive down payment and closing cost assistance.  Executive Director of the Hawaii Housing Finance and Development Corp., Karen Seddon, stated, "It absolutely makes loans more available to more people in the state.  We're able to give them a hand up by making mortgage loans available to folks that wouldn't otherwise be able to get one."  The HHFD will oversee the Hula Mae program.

Abercrombie added, "This is really something that can change people's lives.This is really a hope bill.  I think it fosters economic prosperity, as well.  It's a commitment to a sense of confidence that you can't feel otherwise unless you're able to make this change."  The law takes effect on July 1, 2013

Source: Honolulu Star Advertiser, 6-22-2013, www.staradvertiser.com
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State to Crack Down on Prostitution With Tougher Laws

Members of the State of Hawaii Legislature have been working extremely hard to come up with new bills to reduce prostitution and human trafficking in the islands.  Governor Neil Abercrombie has already signed into Law Act 53, which adds solicitation of prostitution to the list of offenses that are ineligible for deferred acceptance of guilty plea, by which a defendant can have the offense erased from his or her record if he or she complies with conditions set by the court.  Abercrombie stated, "Act 53 was necessary to strengthen the law so that all participants in the crime are held accountable, including those who solicit services.  This is an important step in addressing and deterring human trafficking in all its forms."

Three additional bills are still up for the Governor's signature and review.  They include:

Senate Bill 192: Which makes soliciting someone under the age of 18 for prostitution a class C felony with a minimum fine of $2,000 and a maximum fine of $10,000.  A guilty party could also face up to five years in jail.  Senate Bill 192 also adds other offenses and penalties for coercing or soliciting a minor for prostitution.

House Bill 1068: Requires certain employers to display a poster with information on human trafficking and the National Human Trafficking Resource Center hotline.

House Bill 1187: Applies the Child Protective Act and state child abuse laws to minors who are victims of sex and labor trafficking. Also designates January as Human Trafficking Awareness Month.

Commander of the Honolulu Police Department's Narcotics/Vice Division, Major Jerry Inouye, stated, "The general public probably doesn't realize the scope of the problem.  The public tends to notice street prostitution because of the dress and conduct of street prostitutes. However, prostitution also occurs via the Internet and at massage parlors and hostess bars.  By partnering with other law enforcement agencies and community groups to fight human trafficking, HPD hopes to increase the number of successful prosecutions against pimps and others who advance or profit from prostitution."  It is estimated that there are approximately 120 pimps and 100 girls who work in Waikiki on any given night.

State Senator Will Espero added, "It's up to the government, law enforcement and the community to say that we don't want this element in our state because it degrades women and hurts minors.  We need to be proactive so tourists and the world know that Hawaii is not the place for prostitution or human trafficking. Some places have that reputation and we don't want it here." 

Source: Honolulu Star Advertiser, 6-16-2013, www.staradvertiser.com
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Jackson Chameleon Found on Kauai

A 7 inch long, not including the tail, male Jackson chameleon was found on the island Kauai, causing concern from state and county officials. While the Jackson chameleon can be found on the island of Oahu, they are prohibited from being on the neighbor islands. The chameleon poses a threat to native insects and snails and may significantly damage the native ecosystem if remained unchecked. To report a Jackson Chameleon on Kauai, goto www.reportapest.org or call (808) 643-7378.

Source: Honolulu Star Advertiser, 5-26-2013, www.staradvertiser.com
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All Passengers in Automobiles Must Wear Seat Belts in Hawaii

Hawaii Governor Neil Abercrombie signed into law a new traffic safety bill that requires all passengers riding in an automobile to wear seat belts. Previously, the law required that only occupants in the front seats and minors in the back seats had to wear seat belts or child safety seats. Adults previously had the option of not wearing a seat belt in the back seat. However, the newly amended law means that everyone, regardless of age or position in the car, must buckle up. Abercrombie stated, “This measure closes the gap in protecting all passengers riding in a motor vehicle.”

Governor Abercrombie also signed into law House Bill 980, which bans the use of all handheld electronic devices while driving in the State of Hawaii. Adults may use hands-free devices, such as Bluetooth headsets, but drivers under the age of 18 may not. Different counties around the state had different laws and terminology regarding the use of electronic devices. Abercrombie added, “While all counties have some form of a distracted driving ordinance in place, this measure establishes a state law that creates consistent requirements across all counties for the use of mobile electronic devices while driving and will simplify enforcement.”

Source: Honolulu Star Advertiser, 5-21-2013, www.staradvertiser.com
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Honolulu Government – Public School Sites May Be Redeveloped By Private Companies

The panel of state House of Representatives and Senate members have agreed to allow the private redevelopment of up to three public school sites over the next five years. According to the bill, the redevelopment would not be exempt from land-use regulations. Senator Jill Tokuda stated, “We want to recognize that this needs to be something that the community accepts, the community feels comfortable with, because we definitely know that we’ve got to re-earn the trust when it comes to land development, especially in the area of public lands.” The bill will go before both sides of legislature for a full vote.

Source: Honolulu Star Advertiser, 4-27-2013, www.staradvertiser.com
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