Bill Text: HI SB2998 | 2024 | Regular Session | Introduced
Bill Title: Relating To Emergency Management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-26 - Referred to PSM, CPN/JDC. [SB2998 Detail]
Download: Hawaii-2024-SB2998-Introduced.html
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THE SENATE |
S.B. NO. |
2998 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to emergency management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 127A, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows:
"§127A- Eviction
moratorium. (a) Whenever the governor declares a state of
emergency for the entire State or any portion thereof, or a mayor declares a
local state of emergency for the county or any portion thereof, no court having
jurisdiction of an action for summary possession pursuant to chapter 666 or
other form of eviction action shall:
(1) Enter a
judgment for possession or default judgment for possession for the plaintiff of
a residential dwelling unit;
(2) Issue a writ of
possession for a residential dwelling unit;
(3) Accept for
filing a complaint for possession of a residential dwelling unit; or
(4) Deny, upon the request of a defendant, a stay of execution of a writ of possession or motion for continuance of a summary possession proceeding.
§127A- Foreclosure moratorium. (a) Whenever the governor declares a state of emergency for the entire State or any
portion thereof, or a mayor declares a local state of emergency for the county
or any portion thereof, no creditor, mortgagee or mortgagee's agent,
person with an estate in the land mortgaged, person authorized by a power of
sale pursuant to part II of chapter 667, person with right of entry, or attorney
representing a foreclosing mortgagee, shall for the purposes of foreclosure of
a residential property:
(1) Publish a
public notice of public sale pursuant to section 667-21;
(2) Enforce a power
of sale pursuant to section 667-39;
(3) Exercise a
right of entry; or
(4) Initiate an
action for summary possession pursuant to chapter 666.
(b) Any deadline or time period for action by a
party to a foreclosure proceeding, such as a date to respond to a notice or
appeal a judgment, shall be tolled
until the later of a date specified by the governor or mayor in the declaration
or ninety-six hours after the effective date and time of the declaration,
unless the prohibition is continued by a supplementary declaration issued by
the governor or mayor. Any proclamation
issued under this chapter that fails to state the time at which it will take
effect, shall take effect at twelve noon of the day on which it takes effect.
(c) No sheriff, deputy sheriff, police officer, or independent civil process server from
the department of law enforcement's list under section 353C-11, shall enforce
any writ of possession, a writ of assistance, or any other relief action brought
pursuant to section 667-33(c) until the
later of a date specified by the governor or mayor in the declaration or
ninety-six hours after the effective date and time of the declaration, unless the
prohibition is continued by a supplementary declaration issued by the governor
or mayor. Any proclamation issued under
this chapter that fails to state the time at which it will take effect, shall
take effect at twelve noon of the day on which it takes effect.
For purposes of this section:
"Power of sale" has the
same meaning as in section 667-1.
"Mortgagee" has the
same meaning as in section 667-1.
"Residential property"
has the same meaning as is section 667-1.
§127A- Mortgage deferment. (a)
Whenever the governor declares a
state of emergency for the entire State or any portion thereof, or a mayor
declares a local state of emergency for the county or any portion thereof, mortgagors
of residential property in the area subject to the emergency order may request
and receive a three-year mortgage deferment.
These mortgagors may also request and receive an additional deferment as
authorized under this section.
(b) The repayment period for mortgages under the
deferment established in this section shall be extended by the same number of
months as the deferment period. The
terms and conditions of the original mortgage, except for default, delinquency
during deferment, and related fees or penalties, shall remain unchanged during
the deferment and the extended period.
(c) Mortgagees granting a deferment under this
section shall provide mortgagors with written confirmation of the approved
deferment, information about the deferment process, and instructions for
requesting an additional deferment.
(d) This section does not affect the property tax
and insurance obligations of mortgagors related to any residential property in
the State or county.
(e) The Hawaii emergency management agency shall,
within one month of the effective date of this Act:
(1) Notify mortgagors
about the deferment program; and
(2) Publish
information about eligibility and the deferment process on the department's
website.
(f) For purposes of
this section:
"Mortgagee" has the
same meaning as in section 667-1.
"Mortgagor" has the
same meaning as in section 667-1.
"Residential property"
has the same meaning as is section 667-1.
§127A- Loan deferment. (a) Whenever the governor declares a state of emergency for the entire State or any
portion thereof, or a mayor declares a local state of emergency for the county
or any portion thereof, borrowers may request and shall receive
deferment on commercial, student, or other consumer loans, including credit
extensions, for one hundred eighty days. No proof of economic hardship shall be
required for a borrower to request loan deferment. A borrower may make the request in writing or
electronically.
(b) The repayment period of loans under the
deferment shall be extended by the number of months the deferment is in effect.
All original loan terms shall continue, except
for default and delinquency during deferment, without modification. The creditor shall not charge any fees or
penalties for deferment or early repayment. No interest shall accrue on loans during the
deferment period.
127A- Consumer reporting agencies. (a) Whenever the governor declares a state of emergency for the entire State or any
portion thereof, or a mayor declares a local state of emergency for the county
or any portion thereof, no consumer reporting agency shall include any
adverse information resulting from the state of emergency or local state of
emergency in a credit report for an affected person who notifies the consumer
reporting agency as specified in subsection (c).
(b) No user of a credit report shall consider any
adverse information resulting from the state of emergency or local state of
emergency declared by the governor or mayor in a credit report for an affected
person who notifies the user as specified in subsection (e).
(c) An affected person may contact any consumer
reporting agency and request exclusion of any adverse information related to
the person obtained by the consumer reporting agency during the period starting
with the adoption of the state of emergency or local state of emergency. Exclusion of any adverse information shall
last ninety days after the end of that state of emergency or local state of
emergency.
(d) Any consumer reporting agency that receives a
request under subsection (c) shall respond within five days to the affected
person.
(e) An affected person may contact any user of a credit
report and request exclusion of any adverse information related to the person
in a credit report for the same period specified in subsection (c).
(f) Any user of a credit report receiving a
request under subsection (e) shall respond within five days to the affected
person.
(g) No fee shall be charged by a consumer
reporting agency for a request made by a consumer under this section.
(h) For purposes of this section:
"Consumer reporting
agency" has the same meaning as in section 489P-2.
"Credit report" has the
same meaning as in section 489P-2.
§127A- Planned community associations; condominium associations; insurance requirements; limitations. (a) Whenever the governor declares a state of emergency for the entire State or any portion thereof, or a mayor declares a local state of emergency for the county or any portion thereof, planned community association or condominium association shall be permitted to require a member or unit owner to purchase additional insurance beyond what is authorized by applicable federal and state law and the association's governing documents.
(b) For purposes of this section:
"Condominium
association" has the same meaning as association under section 514B-3.
"Member" has the same
meaning as under 421J-2.
"Planned community
association" has the same meaning as association under section 421J-2.
"Unit owner" has the
same meaning as under 514B-3."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Emergency Management; State of Emergency; Local State of Emergency; Eviction Moratorium; Foreclosure Moratorium; Mortgage Deferment; Loan Deferment; Consumer Reporting Agencies; Condominium Associations; Planned Community Associations
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
