THE SENATE

S.B. NO.

1181

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CESSPOOLS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§342D-     Cesspools; mandatory disclosure; guidelines.  The department shall develop guidelines to determine the circumstances under which the disclosure of the existence of a cesspool, prior to the sale or transfer of the real property where the cesspool is located, shall be mandatory."

     SECTION 2.  Chapter 508D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§508D-     Cesspools; material fact; disclosure.  If the disclosure of the existence of a cesspool on real property subject to this chapter is determined to be mandatory under guidelines developed by the department of health under section 342D-   , the existence of the cesspool shall be considered a material fact and shall be included in a seller's disclosure statement."

     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.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Cesspools; Mandatory Disclosure; Real Property

 

Description:

Requires DOH to develop guidelines for the mandatory disclosure of cesspools on real property.

 

 

 

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