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The BOMA Hawaii Government Relations committee chaired by Jim Walters (Hawaiian Building Maintenance) with members Gary Evora (Bishop Street Management), Dennis Gillum (Horizon Properties) and Rick Valluzi (Valluzi Poteet) has been sorting through the 2010 bills that will be presented in this legislative session. Upon reviewing the bills, the committee presented to the Board of Directors the bills that they felt would have the greatest impact on our industry and members. The following bills were selected by the board and are summarized below. We encourage you to review the bills and provide your feedback to the appropriate legislators and committees.
House Representatives: http://www.capitol.hawaii.gov/site1/info/direct/repdir.asp
Senate: http://www.capitol.hawaii.gov/site1/info/direct/sendir.asp
Bill HB 1599: RELATING TO REAL PROPERTY: The purpose of this Act is to implement certain conditions governing long-term leases of commercial and industrial properties. Where a lease provides for periodic step-ups in lease rent over the term of the lease, the increases in lease rent shall be determined, in part, on a determination of the financial feasibility of the rent increase in relation to the current use of the leasehold property; and In the event that a lessor determines to sell the leasehold interest and all improvements on the leasehold property to the lessee, the lessor shall be entitled to exclude from state income taxes in the year of the sale any gain the lessor realizes from the sale.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/Bills/HB1599_.HTM
Bill HB 1601: RELATING TO REAL PROPERTY: Due to the economic emergency affecting the State of Hawaii, there shall be a temporary moratorium on all commercial, retail, and industrial lease rent increases, including annual or periodic rent step-ups already negotiated, for the period commencing on, and ending on December 31, 2010. The term "rent" shall not include additions to rent such as pro-rata maintenance fees, pro-rata operating expenses, real property taxes, utilities, chill water charges, Hawaii general excise tax, and any other expense that would constitute a reimbursement of costs to the lessor. This moratorium does not affect the lessor's right to terminate the lease or to pursue summary possession or collection of a debt arising from a lessee's default for non-payment of rent and charges payable under this moratorium, nor does it affect a lessor's rights and remedies under the lease for breach of a non-monetary default, all such rights and remedies are not affected by this legislation.
SECTION 2. This Act shall take effect upon its approval.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/Bills/HB1601_HD1_.HTM
Bill HB 1604: RELATING TO REAL PROPERTY: The purpose of this Act is to establish a tax on the value of improvements, surrendered by a lessee to a lessor, without compensation to the lessee, at the expiration of a long-term lease of non-residential real property. The purpose of this chapter is to establish a tax on the value of improvements on non-residential real property that are constructed or installed by a lessee and surrendered to a lessor, without compensation to the lessee, at the expiration of a long-term lease.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/Bills/HB1604_.HTM
Bill 1606 HD1: RELATING TO LEASEHOLD CONVERSION; BUSINESS PROPERTIES: The purpose of this Act is to establish a program for the mandatory lease-to-fee conversion of business properties in the same manner that the legislature addressed the problem of the residential leasehold system.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/HB1606_HD1_.htm
Bill HB 1769: RELATING TO LABOR: Streamlining union certification. Whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting on their behalf alleging that a majority of employees in a unit appropriate for the purpose of collective bargaining wish to be represented by an individual or labor organization for that purpose, the board shall investigate the petition. Facilitating initial collective bargaining agreements.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/HB1769_.htm
Bill HB 1921: RELATING TO A CONTROLLING INTEREST TRANSFER TAX. The purpose of this Act is to create a new tax separate from the conveyance tax that is imposed on an entity with a controlling interest of the entity that transfers ownership of real property owned by the entity through the sale of the entity. It is the intent of this Act that the newly created tax would capture taxes on transactions designed to avoid liability under the conveyance tax.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/HB1921_HD1_.htm
Bill HB 1953: REALTING TO TAXATION: The purpose of this Act is to temporarily impose the general excise tax at the rate of one per cent on the sale of certain real property. This provision takes effect on July 1, 2010 and sunsets on June 30, 2015. The legislature intends to appropriate the revenues generated under this Act for infrastructure projects necessary to accommodate land development and population growth resulting from land use plans and policies approved by pertinent government agencies.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/HB1953_.htm
Bill HB 1956: RELATING TO INCOME TAX CREDITS: Act 10 provided the stimulus needed to boost Hawaii's workforce and economy during difficult economic times. Hawaii is again in an economic recession. Stimulus and other initiatives are needed to counteract the negative impact that the world's economy has had on our State. Like the experience with Act 10, the legislature finds that a new and extended tax credit is an excellent means to boost Hawaii's tourism, retail, and construction industries.
The purpose if this Act is to provide a tax credit for the actual construction and renovation costs for qualified hotel facilities and shopping center facilities in the State. The implementation of this legislation is necessary and warranted.
BOMA Hawaii Supports this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/HB1956_.htm
Bill HB 2183: RELATING TO WORKERS' COMPENSATION: Notwithstanding subsection (b), the amount of the charge to be paid by each employing unit as determined by the director for calendar years 2010 and 2011 shall be no more than fifty per cent of the charge in calendar year 2009.
BOMA Hawaii Supports this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/HB2183_.htm
Bill HB 2434: RELATING TO PERMIT, LICENSE, AND APPROVAL APPLICATION PROCESSING: Establishes maximum time periods for designated agencies to process permit and other applications before it is deemed granted if not acted upon; authorizes each county to contract with a third-party reviewer to streamline the processing of applications; clarifies that previously approved projects that do not impact historic properties are not subject to subsequent reviews by the SHPD. Effective January 1, 2112. (HB2434 HD1)
BOMA Hawaii Supports this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/lists/measure_indiv.aspx?billtype=HB&billnumber=2434
Bill HB 2633: RELATING TO REAL ESTATE LICENSEES: Section 467-11.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Prior to the license renewal of a real estate broker or real estate salesperson, the licensee shall provide the commission with proof of having attended [ten] at least twenty hours of continuing education or its equivalent as determined by the commission during the two-year period preceding the application for renewal. Failure to satisfy the continuing education requirement by the license expiration date shall result in the renewed license being automatically placed on an "inactive" status."
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/HB2633_.htm
Bill HB 2558: RELATING TO JOB CREATION: The purpose of this Act is to help encourage businesses to employ Hawaii residents and spur economic growth by providing a tax credit for creating and maintaining new full-time positions in the workforce. There shall be allowed to each taxpayer that qualifies as a business firm subject to taxes imposed by this chapter a job creation tax credit that shall be deductible from the business firm's net income tax liability, if any, for a maximum of three taxable years for each new permanent full-time employment position created above the base employment level.
BOMA Hawaii Supports this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/HB2558_HD1_.htm
Bill SB 768: RELATING TO REAL PROPERTY: The legislature finds that certain elements of inequity exist in the relationship of fee simple owners of commercial and industrial properties and holders of long-term leasehold interest in those properties who undertake the leases for the purpose of developing, improving, operating, and subletting the properties. These inequities accrue to the detriment of Hawaii's business and economic development and harm Hawaii's working and retired taxpayers. Uncomplicated and fair legislative remedies exist that can obviate these inequities. The purpose of this Act is to implement certain conditions governing long-term leases of commercial and industrial properties.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/SB768_.htm
Bill SB 1230 SD2: Real Property Asset Acquisition Tax; Stock Ownership Transfer The purpose of this Act is to create a new tax that is separate from the conveyance tax and that is imposed on an individual or entity engaged in a sale transaction of any ownership interest or partial ownership interest of an entity that holds real property located in Hawaii.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/SB1230_SD2_.htm
Bill SB 2147 SD 1: RELATING TO THE USE OF AIR CONDITIONERS: Air conditioning; commercial buildings. (a) It shall be unlawful to keep open any exterior door of a commercial building or structure while an air conditioning or central cooling system is operating that cools the area adjacent to the door, except as needed to permit the ingress and egress of people and the delivery and shipping of goods; provided, however, that the foregoing shall not apply when an emergency situation exists that requires an exterior door to be kept open.
BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/bills/SB2147_SD1_.htm
Bill SB 2244: RELATING TO MINIMUM HOURLY WAGE: Except as provided in section 387?9 and this section, every employer shall pay to each employee employed by the employer, wages at the rate of not less than:
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(1) $6.25 per hour beginning January 1, 2003;
(2) $6.75 per hour beginning January 1, 2006;
(3) $7.25 per hour beginning January 1, 2007;
(4) $8.50 per hour beginning July 1, 2010 and ending on December 31, 2011; and
(5) Beginning January 1, 2012, a wage adjusted in accordance with subsection (c).
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BOMA Hawaii Opposes this Bill
To view the bill click: http://www.capitol.hawaii.gov/session2010/Bills/SB2244_.HTM
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