Bill Text: HI HB1443 | 2010 | Regular Session | Amended

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Bill Title: Home Occupation; Counties

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1443 Detail]

Download: Hawaii-2010-HB1443-Amended.html

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STAND. COM. REP. NO.  771

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 1443

      H.D. 2

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committees on Housing and Water, Land, & Ocean Resources, to which was referred H.B. No. 1443, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO HOME OCCUPATIONS,"

 

beg leave to report as follows:

 

     The purpose of this bill is to allow owner-occupants of a home to operate a small business out of their home as long as it does not have serious negative impacts on the surrounding residential area.

 

     A concerned individual testified in support of this bill.  The Maui Chamber of Commerce supported the intent of this measure.  Several concerned individuals opposed this bill.  The Department of Planning and Permitting of the City and County of Honolulu provided comments.

 

     Your Committees find that bed and breakfasts and other vacation rentals are a controversial presence in residential areas.  However, this bill is not intended to address the issue of bed and breakfasts.  Accordingly, your Committees have amended this bill by placing outside the scope of the coverage of this bill, bed and breakfasts, transient vacation rentals, and other tourism accommodation businesses.

 

    

     In addition, your Committees have amended this bill by:

 

(1)  Inserting a provision clarifying that owners of home occupations remain subject to the noise permit requirements of the Department of Health;

 

(2)  Placing outside the scope of the coverage of this bill trade activities, including carpentry, and halfway houses;

 

(3)  Providing that the counties may regulate activities that violate county ordinances relating to the parking of commercial vehicles;

 

(4)  Providing that if this Act conflicts with county ordinances for halfway houses, the county ordinance shall prevail;

 

(5)  Changing the effective date to July 1, 2025, to encourage further discussion; and

 

(6)  Making technical, nonsubstantive amendments for style, clarity, and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Housing and Water, Land, & Ocean Resources that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1443, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1443, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committees on Housing and Water, Land, & Ocean Resources,

 

 

____________________________ KEN ITO, Chair		____________________________ RIDA CABANILLA, Chair