Wednesday, June 29, 2005

Governor Indicates Veto of Bills Affecting Community Associations

On April 30, 2005, I reported on HB1554 relating to a tax credit for Leased Fee Conversions. The Governor has notified the Legislature that she is considering vetoing the bill. In the message, she stated:
This bill provides a tax credit for one person in that it excludes from taxable income 50% of the capital gains realized, not to exceed $75,000 in the aggregate for all taxpayers. In effect this amounts to a tax credit of $5,438 ($75,000 x 7.25%), providing an incentive for virtually only a single seller to sell their leased fee interest.
On May 3, 2005, I reported on HB1715 relating to sexual orientation and gender identity discrimination in real property transactions. The Governor has notified the Legislature that she is considering vetoing the bill. In the message, she stated:
The bill poses complex issues of application and enforcement given the ambiguous and vague nature of its language and fails to provide the public, renters, buyers, sellers, property owners, or the courts with an objective standard to determine if discrimination has occurred in the housing marketplace.
However, because of a typo in the Governor's message, there is an issue whether this bill may be legally vetoed by the Governor. A related bill, HB1450, relating to sexual orientation and gender identity discrimination in employment was also on the Governor's list of bills she is considering for veto. The related bill does not have the issue about a typographical error in the Governor's notice of intent to veto.