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THE SENATE |
S.B. NO. |
2647 |
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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 THE HAWAIIAN HOMES COMMISSION ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to increase the allowable loan term for direct loans provided by the department of Hawaiian home lands to forty years, instead of thirty years, as currently outlined in section 215 of the Hawaiian Homes Commission Act, 1920, as amended.
SECTION 2. Section 215 of the Hawaiian Homes Commission Act, 1920, as amended, is amended to read as follows:
"§215. Conditions of loans. Except as otherwise provided in section
213(c), each contract of loan with the lessee or any successor or successors to
the lessee's interest in the tract or with any agricultural, mercantile, or
aquacultural cooperative association composed entirely of lessees shall be held
subject to the following conditions whether or not stipulated in the contract
loan:
(1) At any time, the outstanding amount of loans
made to any lessee, or successor or successors in interest, for the repair,
maintenance, purchase, and erection of a dwelling and related permanent
improvements shall not exceed fifty per cent of the maximum single residence
loan amount allowed in Hawaii by the United States Department of Housing and
Urban Development's Federal Housing Administration (FHA), for the development
and operation of a farm, ranch, or aquaculture operation shall not exceed
$200,000, except that when loans are made to an agricultural or aquacultural
cooperative association for the purposes stated in section 214(a)(4), the loan
limit shall be determined by the department on the basis of the proposed
operations and the available security of the association, and for the
development and operation of a mercantile establishment shall not exceed the
loan limit determined by the department on the basis of the proposed operations
and the available security of the lessee or of the organization formed and
controlled by lessees; provided that upon the death of a lessee leaving no
relative qualified to be a lessee of Hawaiian home lands, or the cancellation
of a lease by the department, or the surrender of a lease by the lessee, the
department shall make the payment provided for by section 209(a), the amount of
any such payment shall be considered as part or all, as the case may be, of any
such loan to the successor or successors, without limitation as to the above
maximum amounts; provided further that in case of the death of a lessee, or
cancellation of a lease by the department, or the surrender of a lease by the
lessee, the successor or successors to the tract shall assume any outstanding
loan or loans thereon, if any, without limitation as to the above maximum
amounts but subject to paragraph (3).
(2) The loans shall be repaid in periodic
installments, such installments to be monthly, quarterly, semiannual, or annual
as may be determined by the department in each case. The term of any loan shall not exceed [thirty]
forty years. Payments of any sum
in addition to the required installments, or payment of the entire amount of
the loan, may be made at any time within the term of the loan. All unpaid balances of principal shall bear
interest at the rate of two and one-half per cent a year for loans made
directly from the Hawaiian home loan fund, or at the rate of two and one-half
per cent or higher as established by law for other loans, payable periodically
or upon demand by the department, as the department may determine. The payment of any installment due shall be
postponed in whole or in part by the department for such reasons as it deems
good and sufficient and until such later date as it deems advisable. Such postponed payments shall continue to
bear interest on the unpaid principal at the rate established for the loan.
(3) In the case of the death of a lessee the
department shall, in any case, permit the successor or successors to the tract
to assume the contract of loan subject to paragraph (1). In case of the cancellation of a lease by the
department or the surrender of a lease by the lessee, the department may, at
its option declare all installments upon the loan immediately due and payable,
or permit the successor or successors to the tract to assume the contract of
loan subject to paragraph (1). The
department may, in such cases where the successor or successors to the tract assume
the contract of loan, waive the payment, wholly or in part, of interest already
due and delinquent upon the loan, or postpone the payment of any installment
thereon, wholly or in part, until such later dates as it deems advisable. Such postponed payments shall, however,
continue to bear interest on the unpaid principal at the rate established for
the loan. Further, the department may, if it deems it advisable and for the
best interests of the lessees, write off and cancel, wholly or in part, the contract
of loan of the deceased lessee, or previous lessee, as the case may be, where
such loans are delinquent and deemed uncollectible. Such write off and cancellation shall be made
only after an appraisal of all improvements and growing crops or improvements
and aquaculture stock, as the case may be, on the tract involved, such
appraisal to be made in the manner and as provided for by section 209(a). In every case, the amount of such appraisal,
or any part thereof, shall be considered as part or all, as the case may be, of
any loan to such successor or successors, subject to paragraph (1).
(4) No part of the moneys loaned shall be devoted
to any purpose other than those for which the loan is made.
(5) The borrower or the successor to the
borrower's interest shall comply with such other conditions, not in conflict
with any provision of this Act, as the department may stipulate in the contract
of loan.
(6) The borrower or the successor to the
borrower's interest shall comply with the conditions enumerated in section 208,
and with section 209 of this Act in respect to the lease of any tract.
(7) Whenever the department shall determine that a
borrower is delinquent in the payment of any indebtedness to the department, it
may require such borrower to execute an assignment to it, not to exceed,
however, the amount of the total indebtedness of such borrower, including the
indebtedness to others the payment of which has been assured by the department
of all moneys due or to become due to such borrower by reason of any agreement
or contract, collective or otherwise, to which the borrower is a party. Failure to execute such an assignment when
requested by the department shall be sufficient ground for cancellation of the
borrower's lease or interest therein."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on either the date of the Secretary of the Interior's notification letter to the Congressional Committee Chairmen that this Act meets none of the criteria in title 43 Code of Federal Regulations section 48.20, or on the date of consent by the United States Congress approval becomes law. The amendments made to section 215, Hawaiian Homes Commission Act, 1920, as amended, by this Act shall not be repealed when Act 107, Session Laws of Hawaii 2000, or Act 85, Session Laws of Hawaii 2008, take effect with the consent of the United States Congress.
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INTRODUCED
BY: |
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Report Title:
DHHL; HHCA; Direct Loans; Loan Terms
Description:
Increases the allowable loan term for direct loans provided by the Department of Hawaiian Home Lands to forty years, instead of thirty years, as currently outlined in section 215 of the Hawaiian Homes Commission Act, 1920, as amended. Takes effect on either the date of the Secretary of the Interior's notification that congressional approval of this Act is unnecessary, or on the date of consent by the United States Congress.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.