Bill Text: HI SB2020 | 2010 | Regular Session | Amended

---

Bill Title: Real Property; Leasehold; Lease Rent Renegotiation

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2010-07-06 - (S) Vetoed on 07-06-10 - Returned from the Governor without approval (Gov. Msg. No. 667). [SB2020 Detail]

Download: Hawaii-2010-SB2020-Amended.html

---

 

 

CONFERENCE COMMITTEE REP. NO. 67-10

 

Honolulu, Hawaii

                 , 2010

 

RE:    S.B. No. 2020

       H.D. 2

       C.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam and Sir:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2020, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO REAL PROPERTY,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to help stabilize Hawaii's economy by addressing some of the burdensome or vague provisions of existing commercial and industrial leases of certain lands within urban districts by extending the sunset date for Act 189, Session Laws of Hawaii 2009 (Act 189), to June 30, 2011.

 

     Specifically, Act 189 clarifies provisions in long-term commercial and industrial ground leases without:

 

     (1)  Substantial reduction in the economic benefit to the owners or impact on their ownership of the land;

 

     (2)  Impairing their lease contracts; and

 

     (3)  Incurring the taking of any property rights without due process of law.

 

     Your Committee on Conference finds that the conditions that prompted the passage of Act 189 still continue to exist today.  The solvency and continued profitability of small businesses remains a fundamental goal in reviving the economic stability of the State.  Your Committee on Conference also finds that extending the effective date of Act 189 is necessary to alleviate the economic burden on lessees of certain commercial and industrial properties by removing barriers that prevent free and fair rent negotiations.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Extending the repeal date of Act 189 to June 30, 2013; and

 

     (2)  Changing the effective date of the measure to June 29, 2010.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2020, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2020, H.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

 

____________________________ ANGUS L.K. MCKELVEY, Co-Chair		____________________________ ROSALYN H. BAKER, Chair
____________________________ JON RIKI KARAMATSU, Co-Chair		____________________________ BRIAN T. TANIGUCHI, Co-Chair