| 1 | 1 | | THE SENATE S.B. NO. 2998 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to emergency management. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 3 | 3 | | THE SENATE S.B. NO. 2998 |
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| 4 | 4 | | THIRTY-SECOND LEGISLATURE, 2024 |
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| 5 | 5 | | STATE OF HAWAII |
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| 7 | 7 | | THE SENATE |
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| 9 | 9 | | S.B. NO. |
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| 11 | 11 | | 2998 |
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| 12 | 12 | | |
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| 13 | 13 | | THIRTY-SECOND LEGISLATURE, 2024 |
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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | relating to emergency management. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | 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. (b) Any deadline or time period for action by a defendant in a summary possession proceeding, such as a date to answer a complaint or appeal a judgment for possession, 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 execute a writ of possession 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. §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. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. Chapter 127A, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | "§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: |
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| 52 | 52 | | |
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| 53 | 53 | | (1) Enter a judgment for possession or default judgment for possession for the plaintiff of a residential dwelling unit; |
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| 54 | 54 | | |
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| 55 | 55 | | (2) Issue a writ of possession for a residential dwelling unit; |
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| 56 | 56 | | |
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| 57 | 57 | | (3) Accept for filing a complaint for possession of a residential dwelling unit; or |
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| 58 | 58 | | |
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| 59 | 59 | | (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. |
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| 60 | 60 | | |
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| 61 | 61 | | (b) Any deadline or time period for action by a defendant in a summary possession proceeding, such as a date to answer a complaint or appeal a judgment for possession, 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. |
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| 62 | 62 | | |
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| 63 | 63 | | (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 execute a writ of possession 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. |
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| 64 | 64 | | |
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| 65 | 65 | | §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: |
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| 66 | 66 | | |
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| 67 | 67 | | (1) Publish a public notice of public sale pursuant to section 667-21; |
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| 68 | 68 | | |
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| 69 | 69 | | (2) Enforce a power of sale pursuant to section 667-39; |
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| 70 | 70 | | |
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| 71 | 71 | | (3) Exercise a right of entry; or |
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| 72 | 72 | | |
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| 73 | 73 | | (4) Initiate an action for summary possession pursuant to chapter 666. |
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| 74 | 74 | | |
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| 75 | 75 | | (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. |
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| 76 | 76 | | |
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| 77 | 77 | | (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. |
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| 78 | 78 | | |
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| 79 | 79 | | For purposes of this section: |
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| 80 | 80 | | |
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| 81 | 81 | | "Power of sale" has the same meaning as in section 667-1. |
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| 82 | 82 | | |
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| 83 | 83 | | "Mortgagee" has the same meaning as in section 667-1. |
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| 84 | 84 | | |
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| 85 | 85 | | "Residential property" has the same meaning as is section 667-1. |
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| 86 | 86 | | |
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| 87 | 87 | | §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. |
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| 88 | 88 | | |
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| 89 | 89 | | (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. |
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| 90 | 90 | | |
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| 91 | 91 | | (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. |
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| 92 | 92 | | |
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| 93 | 93 | | (d) This section does not affect the property tax and insurance obligations of mortgagors related to any residential property in the State or county. |
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| 94 | 94 | | |
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| 95 | 95 | | (e) The Hawaii emergency management agency shall, within one month of the effective date of this Act: |
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| 96 | 96 | | |
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| 97 | 97 | | (1) Notify mortgagors about the deferment program; and |
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| 98 | 98 | | |
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| 99 | 99 | | (2) Publish information about eligibility and the deferment process on the department's website. |
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| 100 | 100 | | |
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| 101 | 101 | | (f) For purposes of this section: |
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| 102 | 102 | | |
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| 103 | 103 | | "Mortgagee" has the same meaning as in section 667-1. |
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| 104 | 104 | | |
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| 105 | 105 | | "Mortgagor" has the same meaning as in section 667-1. |
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| 106 | 106 | | |
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| 107 | 107 | | "Residential property" has the same meaning as is section 667-1. |
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| 108 | 108 | | |
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| 109 | 109 | | §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. |
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| 110 | 110 | | |
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| 111 | 111 | | (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. |
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| 112 | 112 | | |
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| 113 | 113 | | 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). |
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| 114 | 114 | | |
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| 115 | 115 | | (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). |
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| 116 | 116 | | |
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| 117 | 117 | | (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. |
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| 118 | 118 | | |
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| 119 | 119 | | (d) Any consumer reporting agency that receives a request under subsection (c) shall respond within five days to the affected person. |
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| 120 | 120 | | |
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| 121 | 121 | | (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). |
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| 122 | 122 | | |
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| 123 | 123 | | (f) Any user of a credit report receiving a request under subsection (e) shall respond within five days to the affected person. |
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| 124 | 124 | | |
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| 125 | 125 | | (g) No fee shall be charged by a consumer reporting agency for a request made by a consumer under this section. |
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| 126 | 126 | | |
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| 127 | 127 | | (h) For purposes of this section: |
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| 128 | 128 | | |
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| 129 | 129 | | "Consumer reporting agency" has the same meaning as in section 489P-2. |
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| 130 | 130 | | |
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| 131 | 131 | | "Credit report" has the same meaning as in section 489P-2. |
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| 132 | 132 | | |
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| 133 | 133 | | §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. |
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| 134 | 134 | | |
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| 135 | 135 | | (b) For purposes of this section: |
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| 136 | 136 | | |
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| 137 | 137 | | "Condominium association" has the same meaning as association under section 514B-3. |
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| 138 | 138 | | |
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| 139 | 139 | | "Member" has the same meaning as under 421J-2. |
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| 140 | 140 | | |
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| 141 | 141 | | "Planned community association" has the same meaning as association under section 421J-2. |
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| 142 | 142 | | |
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| 143 | 143 | | "Unit owner" has the same meaning as under 514B-3." |
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| 144 | 144 | | |
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| 145 | 145 | | SECTION 2. New statutory material is underscored. |
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| 146 | 146 | | |
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| 147 | 147 | | SECTION 3. This Act shall take effect upon its approval. |
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| 148 | 148 | | |
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| 149 | 149 | | |
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| 150 | 150 | | |
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| 151 | 151 | | INTRODUCED BY: _____________________________ |
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| 152 | 152 | | |
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| 153 | 153 | | INTRODUCED BY: |
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| 154 | 154 | | |
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| 155 | 155 | | _____________________________ |
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| 156 | 156 | | |
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| 157 | 157 | | |
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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | 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: Establishes processes and requirements during a state of emergency or local state of emergency related to eviction moratoriums, foreclosure moratoriums, mortgage deferments, loan deferment, adverse information reported to consumer reporting agencies, and insurance requirements for planned community associations and condominium associations. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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| 169 | 169 | | |
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| 170 | 170 | | |
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| 171 | 171 | | Report Title: |
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| 172 | 172 | | |
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| 173 | 173 | | 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 |
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| 174 | 174 | | |
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| 175 | 175 | | |
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| 176 | 176 | | |
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| 177 | 177 | | Description: |
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| 178 | 178 | | |
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| 179 | 179 | | Establishes processes and requirements during a state of emergency or local state of emergency related to eviction moratoriums, foreclosure moratoriums, mortgage deferments, loan deferment, adverse information reported to consumer reporting agencies, and insurance requirements for planned community associations and condominium associations. |
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| 180 | 180 | | |
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| 181 | 181 | | |
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| 182 | 182 | | |
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| 183 | 183 | | |
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| 184 | 184 | | |
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| 185 | 185 | | |
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| 186 | 186 | | |
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| 187 | 187 | | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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