Bill Text: HI SB3329 | 2024 | Regular Session | Amended
Bill Title: Relating To Little Fire Ants.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Engrossed) 2024-03-28 - The committee(s) on CPC recommend(s) that the measure be deferred. [SB3329 Detail]
Download: Hawaii-2024-SB3329-Amended.html
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THE SENATE |
S.B. NO. |
3329 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LITTLE FIRE ANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature recognizes that although there are individuals who have gone to extreme lengths to limit the spread of little fire ants, there are others who do not take reasonable steps to prevent little fire ant infestations, nor do they have any responsibility to treat their property once it has been infested, thereby leading to the infestation of little fire ants on surrounding properties. The legislature further recognizes that, if action is not taken, little fire ants will continue to spread, reach critical numbers, and significantly disrupt and economically damage the State. The legislature finds that it is more than likely that over half of the private properties on Hawaii Island are currently infested with little fire ants, without their owners' knowledge.
The legislature also finds that chapter 508D, Hawaii Revised Statutes, requires a written disclosure statement prepared by the seller, or at the seller's direction, that purports to fully and accurately disclose all material facts relating to residential real property being offered for sale. The legislature believes that a little ant infestation is a material fact, as defined under existing law, that could measurably affect the value of residential real property being offered for sale. Requiring disclosure of little fire ant infestations can also help raise awareness of the changes posed by little fire ants and provide prospective buyers with information to help anticipate any future mitigation costs.
Accordingly, the purpose of this Act is to require the disclosure of any little fire ant infestations as part of the sale of residential real property.
SECTION 2. Section 508D-15, Hawaii Revised Statutes, is amended to read as follows:
"§508D-15 Notification required; ambiguity. (a)
When residential real
property lies within:
(1) The boundaries of a special flood
hazard area as officially designated
on flood maps promulgated by the National Flood Insurance Program of the
Federal Emergency Management Agency for the purposes of determining eligibility
for emergency flood insurance programs;
(2) The boundaries of
the noise exposure area shown on maps prepared by the department of
transportation in accordance with Federal Aviation Regulation part 150, Airport
Noise Compatibility Planning (14 C.F.R. part 150), for any public airport;
(3) The boundaries of the
Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine
Corps airport as officially designated by military authorities;
(4) The anticipated
inundation areas designated on the department of defense's emergency management
tsunami inundation maps; or
(5) The sea level rise
exposure area as designated by the Hawaii climate change mitigation and
adaptation commission or its successor,
subject to the availability of maps that designate the five areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the five designated areas specified in this subsection. The maps shall identify the properties situated within the five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee.
(b) When residential real property lies adjacent to the shoreline, the seller shall disclose all permitted and unpermitted erosion control structures on the parcel, expiration dates of any permitted structures, any notices of alleged violation associated with the parcel, and any fines for expired permits or unpermitted structures associated with the parcel.
(c) When it is
questionable whether residential real property lies within any of the
designated areas referred to in subsection (a) due to the inherent ambiguity of
boundary lines drawn on maps of large scale, the ambiguity shall be construed
in favor of the seller; provided that a good faith effort has been made to
determine the applicability of subsection (a) to the subject real property.
(d) Except as required under subsections (a), (b), and (c) and section 508D-3.5, the seller shall have no duty to examine any public record when preparing a disclosure statement.
(e)
Notwithstanding subsection (a) to the contrary, the seller shall
disclose in the disclosure statement provided to the buyer subject to this
chapter whether the real property has had any infestation of little fire ants,
and if there was a treatment made to a prior infestation, the date and who
provided the treatment. Any ambiguity
arising from this subsection shall be construed in favor of the seller;
provided that a good faith effort has been made to determine the applicability
of this subsection.
For purposes of this subsection, "little fire ant" means living ants of the species Wasmannia auropunctata."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Little Fire Ants; Mandatory Seller Disclosure; Real Property Transactions
Description:
Requires the disclosure of any little fire ant infestation as part of any sale of residential real property. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
