STAND.
COM. REP. NO. 1568
Honolulu, Hawaii
, 2023
RE: S.B. No. 463
S.D. 2
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 463, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PROPERTY DEVELOPMENT,"
begs leave to report as follows:
The
purpose of this measure is to:
(1) Require each county to adopt, no later than June 30, 2024, ordinances applicable to subdivisions not approved by July 1, 2024, requiring as a condition of approval, the subdivider or developer to obtain a street address and install a mailbox for lots, parcels, structures, or units of a structure within the subdivision before the sale or lease thereof;
(2) Require condominium maps recorded in the Bureau of Conveyances or registered in the Land Court after June 30, 2024, to include a mailbox plan for the condominium property regime, showing the location of all mailboxes for all units in the regime; and
(3) Require, prior to the sale of residential real property, the disclosure as to the existence of a United States Postal Service deliverable mailbox for the property.
Your Committee finds
that United States Post Offices in certain areas cannot meet the demands of
those areas. This measure requires a
developer to adequately plan for mail service and requires notice to potential
buyers of real property of the lack of mail service for a particular property.
Your Committee notes
the concerns raised by the Department of Planning and Permitting of the City
and County of Honolulu regarding the unintended consequences of this measure
and the potential jurisdictional issue regarding the erection and installation
of mailboxes without the input of the United States Postal Service.
Accordingly, your
Committee has amended this measure by:
(1) Specifying that the mandatory mailbox requirement under this measure applies to subdivisions comprising ten or more lots or condominium projects comprising ten or more dwelling or lodging units;
(2) Requiring, before the sale or least of any lot, parcel, structure, or unit of a structure located within the subdivision, that the subdivider or developer obtain the United States Postal Service's approval to erect and install a mailbox;
(3) Deleting the severability clause; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 463, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 463, S.D. 2, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
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____________________________ MARK M. NAKASHIMA, Chair |
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