Act 208 (2010), Relating to Private Guards

Effective July 1, 2013, Act 208 (2010) establishes new registration and licensure requirements, including training, instruction, and continuing education for guards and individuals acting in a guard capacity. Your League has been researching the possible effects of this law on credit unions. If your credit union employs a “security officer” or “guard,” that person will need to be registered and licensed by the Board of Private Detectives and Guards.  Currently, guidelines and definitions are being developed by the Board of Private Detectives and Guards, which is a Board under the Professional and Vocational Licensing Division of the Department of Commerce and Consumer Affairs.

Click here to read the entire memo.

2013 End of Session Report

In a year that marked progress of a slowly recovering economy as well as leadership changes in the Senate and House of Representatives, your League was successful in holding off serious threats to credit unions and other businesses. Although there were still many bills designed to protect consumers on the table this legislative session, potential harm to credit unions was kept to a minimum. Most importantly, the credit union general excise tax exemption on purchase of tangible personal property, which was suspended in 2011, will be reinstated on July 1, 2013.

Click this link to view the 2013 end of session report.

Live Bills as of 4-4-2013

Click the link below to view all legislative measures still alive as of April 4, 2013.  Legislative deadline of second decking is Friday, April 6, meaning that all bills must pass out of their respective chambers by that date, or they are considered dead for this legislative session.  Most bills that pass by the deadline on Friday will go into conference committee.

Live Bills as of 4-4-13

Testimony for March 18-19, 2013

HB 634 HD1 - Relating to Employment.  Establishes job security requirements upon the divestiture of a covered establishment if the covered establishment employs 100 or more persons. Effective July 1, 2030.

SB 470 SD1 - Relating to Credit Cards.  Prohibits retailers from imposing credit card surcharges in certain instances. Effective 07/01/2050.

SB 102 SD2 - Relating to the Elderly.  Amend section 412:3-114.5, Hawaii Revised Statutes, to require financial institutions to report instances of suspected financial abuse of an elder directly to the appropriate county police department and the Department of Human Services.

HB 535 HD2 - Relating to Homeless Programs.  Authorizes the designation of temporary nighttime parking lots in each county to provide safe overnight parking for homeless individuals who live and sleep in their motor vehicles and who would otherwise park overnight on public or private roads or property. Appropriates funds. Effective July 1, 2030.

Testimony, March 11-14, 2013

SB 1370 SD2 - Relating to Mediation Affecting Judicial Foreclosure.  Expands the application of mandatory mortgage foreclosure dispute resolution by requiring mortgagees, at the mortgagor's election, to participate in mediation to avoid foreclosure or mitigate damages from foreclosure prior to filing a judicial foreclosure action for property that has been the mortgagor's primary residence for a specified period. Applies the dispute resolution requirement to judicial foreclosure actions filed prior to the effective date of this bill and pending an initial court hearing. Exempts the dispute resolution requirement to judicial foreclosure actions if the mortgagee engages in loss mitigation procedures with the mortgagor. Establishes notification requirements for a mortgagee to notify a mortgagor with respect to loss mitigation options. Requires that an attorney affirm that a mortgagee engaged in loss mitigation procedures with the mortgagor when filing for a judicial foreclosure action.

HB21 HD2 - Relating to Condominiums.  Amends procedures for reimbursement for common assessments by condominium associations after delinquency or foreclosure. Authorizes collection of specified amounts for deposit into a reserve account to pay for unpaid common assessments in the event of foreclosure, or unit sale or transfer.

SB 960 SD1 - Relating to Foreclosures.  Establishes a notice of postponement or cancellation of sale requirement under part IA, chapter 667, Hawaii Revised Statutes, relating to judicial foreclosures.

2013 Mid-Session Report

It is another challenging year for Hawaii's economy, and this fact is evident through the types of active legislation currently moving through the session.  Your League continues to advocate on behalf of Hawaii's credit unions, opposing legislation that would be detrimental, and supporting legislation that would be helpful to credit unions.

Click on the link to view the 2013 Mid-Session Report for credit union-relevant bills that are currently moving through the Hawaii State Legislature.

Please contact HCUL Legislative Officer Stefanie Sakamoto with any legislative questions or concerns.

Testimony for February 25, 2013

HB 634 - Relating to Labor - Establishes job security requirements upon the divestiture of a covered establishment if the covered establishment employs 100 or more persons.

HB 437 HD1 - Relating to Workers' Compensation - Requires, among other things, independent medical examinations and permanent impairment rating examinations for workers' compensation claims to be performed by physicians mutually agreed upon by employers and employees or appointed by the Director of the Department of Labor and Industrial Relations. Allows for the use of an out-of-state physician under certain conditions. Appropriates unspecified funds. Effective January 1, 2113. Repealed on June 30, 2018.

Testimony for February 22, 2013

HB 21 HD1 - Relating to Condominiums - Repeals the prioritization of liens for unpaid mortgages over subsequently recorded liens for unpaid condominium association fees. Clarifies the obligations of the acquirer of a foreclosed unit under the lien for unpaid association fees. Effective July 1, 2112.

SB 1370 SD1 - Relating to Mediation Affecting Judicial Foreclosure - Expands the application of mandatory mortgage foreclosure dispute resolution by requiring mortgagees, at the mortgagor's election, to participate in mediation to avoid foreclosure or mitigate damages from foreclosure prior to filing a judicial foreclosure action for property that has been the mortgagor's primary residence for a specified period. Applies the dispute resolution requirement to judicial foreclosure actions filed prior to the effective date of this bill and pending an initial court hearing.

Testimony for February 14, 2013

HB 382, Relating to Mandatory Reporting.  Requires financial institutions to report suspected financial abuse of an elder to an appropriate police department and allows reporting to the Department of Human Services. Mandates information sharing with the police or prosecutor.

SB 470, Relating to Credit Cards.  Prohibits retailers from imposing credit card surcharges in certain instances.

Testimony for February 11 & 12, 2013

HB 3 - Relating to the Elderly:  Requires a financial institution to report suspected financial abuse against an elder to the appropriate county police department, rather than the department of human services, under certain conditions immediately by telephone and then followed by a written report sent via electronic mail. Repeals the department of human services as the contact agency responsible for determining whether the department has jurisdiction over the elder involved. Requires all financial institutions to develop and implement a training program for their employees regarding the reporting requirements for suspected financial abuse of an elderly.

HB 1417 - Relating to Mediation Affecting Judicial Foreclosure: Expands the application of mandatory mortgage foreclosure dispute resolution by requiring mortgagees, at the mortgagor's election, to participate in mediation to avoid foreclosure or mitigate damages from foreclosure prior to filing a judicial foreclosure action for property that has been the mortgagor's primary residence for a specified period. Applies the dispute resolution requirement to judicial foreclosure actions filed prior to the effective date of this bill and pending an initial court hearing.

Testimony for February 5 & 6, 2013

HB 634 - Relating to Labor.  Establishes job security requirements upon the divestiture of a covered establishment if the covered establishment employs 100 or more persons.

HB 21 - Relating to Condominiums.  Repeals the prioritization of liens for unpaid mortgages over subsequently recorded liens for unpaid condominium association fees. Clarifies the obligations of the acquirer of a foreclosed unit under the lien for unpaid association fees.

SB 875 - Relating to Workers' Compensation. Requires independent medical examinations and permanent impairment rating examinations for workers' compensation claims to be performed by physicians mutually agreed upon by employers and employees or appointed by the director of the department of labor and industrial relations. Allows for the use of an out-of-state physician under certain conditions. Appropriates unspecified funds. Effective 10/1/13. Section 3 effective 7/1/13. Repeals on 6/30/2018.

Testimony for February 5, 2013

HB 6 / HB 406 - Relating to Health.  Requires employers to provide a minimum amount of paid sick and safe leave to employees to be used to care for themselves or a family member who is ill, needs medical care, or is a victim of domestic violence, sexual assault, or stalking.

HB 173 - Relating to Debt Collection Practices.  Prohibits contacting a person at the workplace in debt collection practices.

SB 550 - Relating to Civil Relief for Military Component Personnel.  Prevents any court or mortgagee from commencing a proceeding to enforce a lien or foreclosure action against real property owned by a member of a reserve component of any branch of the United States Armed Forces or member of the state military forces until that member of a reserve component or member has returned to the State for a period of one year. 

SB 1263 - Relating to Labor.  Requires employers to provide meal breaks for employees who work more than a total of five hours a day. Imposes penalties on employers who fail to provide meal breaks. Clarifies that the employer's liability is based on an employee's regular wage at the time the infraction occurred.

SB 1370 - Relating to Mediation Affecting Judicial Foreclosure.  Expands the application of mandatory mortgage foreclosure dispute resolution by requiring mortgagees, at the mortgagor's election, to participate in mediation to avoid foreclosure or mitigate damages from foreclosure prior to filing a judicial foreclosure action for property that has been the mortgagor's primary residence for a specified period. Applies the dispute resolution requirement to judicial foreclosure actions filed prior to the effective date of this bill and pending an initial court hearing.

2013 Legislative Session Bill Tracking Lists

Click on the links below to view the bill tracking lists for the 2013 Hawaii State Legislative Session.

House Bills

Senate Bills