How major bills fared at the capitol
By Star-Advertiser staff
May 4, 2014
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State lawmakers adjourned the session on Thursday after reviewing hundreds of bills. Here is the status of some of the most significant bills. Bills that have passed have been sent to Gov. Neil Abercrombie for his signature or veto. The governor also can allow bills to become law without his signature. Lawmakers can override vetoes by a two-thirds’ vote in each chamber.
GOVERNMENT
PASSED
State budget
HB 1700 HD1 SD1 CD1
Authorizes $12.1 billion in state spending for fiscal year 2015, including extra money for public education, preschool, and homeless assistance. Adjusts the budget for this fiscal year to $11.7 billion.
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Turtle Bay
HB 2434 HD2 SD2 CD1
Authorizes $40 million in state revenue bonds to help acquire a conservation easement and preserve 665 acres of land at Turtle Bay Resort.
Hotel-room tax
HB 1671 HD1 SD1 CD1
Replaces the $93 million annual cap on the counties’ share of hotel-room tax revenue with a $103 million cap. Asks a working group to determine future allocations and the division of public services between the state and counties.
Hawaii Community Development Authority
HB 1866 HD2 SD2 Act 61
Reduces the governor’s power over appointments to the HCDA, freezes building height limits and expands public notice requirements on Kakaako development projects.
Voter registration
HB 2590 HD1 SD2 CD1
Allows voter registration at absentee polling places beginning in 2016 and Election Day registration at precincts starting in 2018.
Lobbying disclosure
SB 2629 SD1 HD1
Requires lobbyists to disclose spending within 30 days after special legislative sessions.
Judicial nominees
HB 420 HD1
Asks voters whether to amend the state Constitution to require the Judicial Selection Commission to publicly disclose nominees for top court positions at the same time lists are presented to the governor or chief justice.
FAILED
Office of Hawaiian Affairs – Kakaako
Authorizes residential development on specified parcels of Kakaako land owned by the state Office of Hawaiian Affairs.
Dole land exchange
Explores the exchange of state land for land owned by Dole Food Co. to help preserve agriculture in Wahiawa and the North Shore.
BUSINESS / TAXES
PASSED
Capital infrastructure tax credit
HB 1702 HD2 SD2 CD1
Creates a capital infrastructure tax credit for investors who help maritime tenants displaced by the state’s Kapalama Container Terminal project.
Barrel tax
SB 2196 SD2 HD1 CD1
Re-establishes the energy systems development special fund, supported in part by revenue collected from the barrel tax on petroleum products. Extends the split of barrel tax revenue to a variety of energy and food security purposes to 2030.
Liquor licenses
HB 286 HD1 SD1 Act 57
No longer requires condominium hotels or hotels to have commercial kitchens and dining rooms to obtain liquor licenses.
Solar energy
SB2775 SD1 HD1 Act 52
Permits solar energy facilities on agricultural land under certain conditions.
FAILED
Earned income tax credit
Establishes a state earned income tax credit to help the working poor.
Low-income tax relief
Expands a food/excise tax credit and income tax credit for low-income household renters and creates new low-income tax and earned income tax credits.
Food/excise tax credit
Expands the food/excise tax credit for low- income taxpayers.
Low-income tax exemption
Eliminates income tax liability for taxpayers who fall below federal poverty guidelines.
Manufacturing
Establishes a temporary income tax credit for manufacturing equipment costs.
Hotel construction
Creates an income tax credit for qualified hotel construction or renovation costs.
Senior tax relief
Provides income tax exemptions for low-to middle-income seniors.
Senior tax credits
Doubles a food / excise tax credit for low-to middle- income seniors.
E-cigarettes
Defines electronic smoking devices as tobacco products and bans use of the devices where smoking is currently prohibited.
EDUCATION
PASSED
Mandatory kindergarten
SB 2768 SD2 HD2 CD1
Mandates kindergarten attendance for 5-year-olds.
Superintendent salary cap
HB 2257 HD2 SD2 CD1
Increases the maximum annual salary of the state schools superintendent to $250,000 from $150,000.
School seclusion
HB 1796 HD2 SD1 CD1
Prohibits the use of seclusion, chemical restraint (drugs or medications) or mechanical restraint in public schools and bans physical restraints in most circumstances.
Charter schools
HB 1745 HD2 SD2 CD1
Revises the state’s charter school law to address issues regarding charter application criteria, charter school governing boards, operating costs of the state Public Charter School Commission and more.
FAILED
Early childhood education
Implements an early childhood education program if voters in November ratify a state constitutional amendment and allow public money to go toward private preschool.
Instructional hours
Requires public schools to have 990 instructional hours a year. Repeals a future requirement of 180 school days a year with 1,080 instructional hours.
Instructional days
Adds an unspecified number of required school days to a 180-day school year.
Smoking ban at University of Hawaii
Prohibits smoking, including electronic smoking devices, and tobacco use on University of Hawaii grounds.
R.E.A.C.H.
Creates the Resources for Enrichment, Athletics, Culture, and Health program to provide after-school programs in public middle and intermediate schools.
University of Hawaii-West Oahu
Prohibits land used for the permanent University of Hawaii at West Oahu campus to be sold or gifted without legislative consent.
Financial disclosure
Makes public the financial disclosures of the University of Hawaii Board of Regents.
CONSUMER PROTECTION / LABOR
PASSED
Minimum wage
SB 2609 SD1 HD2 CD1
Gradually increases the minimum wage to $10.10 an hour by January 2018, up from $7.25 an hour. Provides a 75-cent tip credit — up from 25 cents — for businesses to deduct from workers who earn at least $7 over minimum wage with tips, up from 50 cents.
Hawaii Health Connector
SB 2470 SD1 HD1 CD1
Establishes a legislative oversight committee and other controls to improve performance of the state health insurance exchange under the federal health care reform law. Authorizes $1.5 million for the exchange.
Electric grid modernization
HB 1943 HD2 SD2 CD1
Requires the Public Utilities Commission to closely examine how to modernize the state’s electric grids to eliminate technical and economic barriers that prevent customer-generators from interconnecting to the grids in a timely manner.
Cybersecurity
HB 2003 HD1 SD1 CD1
Creates a cybersecurity coordinator position to help develop ways to improve the state’s cybersecurity and cyber resiliency.
Organ donation
HB 2400 SD1 CD1
Offers temporary disability benefits to employees who suffer disabilities as a result of donating organs.
Bone marrow donation
SB 1233 HD1 CD1
Requires certain private businesses to give employees leaves of absence to donate organs, bone marrow or peripheral blood stem cells.
Human trafficking
HB 2038 HD1 SD2 CD1
Establishes the human trafficking victim services fund.
FAILED
Dietary supplements
Prohibits the sale of dietary supplements that do not meet federal good manufacturing guidelines.
GMO labeling
Imposes labeling requirements on genetically engineered food.
GMO task force
Mobilizes a task force on whether the state should regulate the agricultural use of genetically modified organisms.
CRIME
PASSED
Child sexual assault — civil
SB 2687 SD1 HD2 CD1
Grants victims another two years to file lawsuits over decades-old child sexual abuse claims against individuals, private organizations and the state and counties.
Sexual assault — criminal
HB 2034 HD2 SD1 CD1
Removes the statute of limitations on criminal prosecution for first- and second-degree sexual assault and the continuous sexual assault of a minor under 14.
Youth sentencing
HB 2116 HD2 SD1 CD1
Eliminates sentences of life in prison without parole for juvenile offenders.
Juvenile justice
HB 2490 HD2 SD2 CD2
Makes changes to the juvenile justice system to help ensure only the most serious youth offenders are incarcerated.
Police sex with prostitutes
HB 1926 HD1 SD1 CD1
Prohibits police from engaging in sexual penetration or sadomasochistic abuse during prostitution stings.
Domestic violence
HB 1993 SD2 CD1
Makes committing physical abuse in front of a family or household member younger than 14 a third-degree felony.
Alicia’s law
SB 702 SD2 HD2 CD1
Imposes a fee for felony and misdemeanor convictions of Internet crimes against children and establishes a special fund for investigating and prosecuting such crimes.
Revenge porn
HB 1750 HD1 SD1 CD1
Criminalizes intentionally distributing sexually explicit images without the consent of the person depicted.
Property crime
HB 2205 HD1 SD1 CD1
Toughens sentencing standards for habitual property crime violators.
Bikeway parking
HB 1706 HD1 SD1 CD1
Sets a fine of $200 for parking on bicycle lanes or bicycle pathways.
FAILED
Crimes against the homeless
Provides for extended prison sentences for defendants who substantially injure the homeless.
HEALTH / SOCIAL SERVICES
PASSED
Kupuna care
SB 2346 SD1 HD2 CD1
Authorizes an additional $4.2 million for state-funded kupuna care programs; $1.9 million for aging and disability resource centers; about $476,000 for the healthy aging partnership program; and $500,000 for a public awareness campaign on long-term care.
Kupuna care — fall prevention
HB 2053 HD1 SD1 CD1
Creates and funds a fall prevention and early detection coordinator position at the state Department of Health.
Rental housing trust fund
SB 2542 SD1 HD1 CD1
Restores the allocation of conveyance tax revenue to the rental housing trust fund to 50 percent, up from 30 percent.
Hawaii Health
Health Connector task force
HB 2581 HD3 SD2 CD1
Establishes the state innovation waiver task force to develop a plan for applying for waivers from certain requirements of the federal health care reform law.
Public housing — smoking
SB 651 SD2 HD2 CD1
Prohibits smoking in public housing projects. Permits the Hawaii Public Housing Authority to designate smoking areas near residential or other buildings.
Autism coverage
SB 2054 SD3 HD3 CD1
Authorizes $50,000 for an actuarial study to assess the fiscal impact of requiring health coverage for autism spectrum disorder treatments.
Tanning
HB 611 HD1 SD1 CD1
Prohibits minors from being allowed to use tanning beds.
FAILED
Hawaii Health Systems Corp.
Allows the Hawaii Health Systems Corp., the state’s public hospital system, to transition into a nonprofit.
Medical marijuana
Enables certified pain specialist physicians, oncologists, ophthalmologists and palliative care physicians to prescribe medical marijuana starting in January.
Home birth
Creates a task force to address home birth safety.
ENVIRONMENT
PASSED
Invasive species
HB 1716
Allocates $5 million for invasive species prevention, control, outreach, research and planning through the Hawaii Invasive Species Council. Addresses pests such as the little fire ant.
Environmental courts
SB 632 SD2 HD1 CD1
Creates environmental courts as divisions within the Circuit Courts and District Courts to hear cases regarding environmental laws.
Climate change
HB 1714 HD1 SD2 CD1
Establishes the interagency climate adaptation committee under the state Department of Land and Natural Resources to develop a sea level rise vulnerability and adaptation report.
Coffee berry borer
HB 1514 HD1 SD2 CD1
Provides $500,000 for a pesticide subsidy program to combat the coffee berry borer.
Macadamia felted coccid
HB 1931 HD1 SD2 CD1
Allocates $360,000 to the state Department of Agriculture to research and develop new methods of preventing and treating macadamia felted coccid infestations.
Industrial hemp
SB 2175 SD2 HD2 Act 56
Authorizes the dean of the University of Hawaii’s College of Tropical Agriculture and Human Resources to establish a two-year industrial hemp research program. Requires a report to the Legislature ahead of the 2016 session.
FAILED
Pesticide regulation
Appropriates money for increased pesticide education and regulation.
Right to farm
Prohibits counties from restricting farmers and ranchers from using agricultural technology, modern livestock production or ranching practices that are not prohibited by federal or state law.
Geothermal
Establishes a per-mitting process through which the state Board of Land and Natural Resources and the counties can regulate geothermal resources development.
MISCELLANEOUS
PASSED
Public order
HB 33 SD1 Act 50
Extends the sunset date for a law prohibiting urinating or defecating in public within downtown Honolulu through 2016.
Blocking sidewalks
HB 1660 HD1 SD1 Act 51
Amends the offense of obstruction to include providing less than 36 inches of space for passage on public sidewalks.
Financial disclosure
SB 2682 SD1 HD2 CD1
Makes public the financial disclosure statements of members of more than a dozen state boards, commissions and agencies.
Public land liability
SB 1007 SD2 HD2
Makes permanent the liability protections for warning signs for outdoor recreation on public land.
FAILED
County of Niihau
Establishes the County of Niihau under the jurisdiction of the state Department of Land and Natural Resources and asks the department to form a temporary working group to further examine the concept.
Initiative and referendum
Asks voters whether to amend the state Constitution to provide for initiative and referendum.
Public financing of elections
Creates a public funding program for state House elections.
Free speech
Asks voters whether to amend the state Constitutional and declare that free speech does not include spending money to influence elections.
Homeless Bill of Rights
Clarifies that homeless residents have various rights such as moving freely in public without harassment, having equal opportunities for employment and registering to vote.
State instrument
Designates the ukulele as the official state instrument.
Smoking ban at beaches
Prohibits smoking on all public beaches statewide.
Agricultural sales
Prohibits the state Land Use Commission and the counties from restricting agricultural-based commercial operations authorized by the state.