State lawmakers spent less than three minutes Wednesday discussing the proposed rail tax extension in one of dozens of whirlwind sessions held during the day to hash out new bills before a Friday deadline.
During those minutes, House and Senate members appeared no closer to a deal on extending the general excise tax surcharge than they were two days ago, when they last met to discuss House Bill 134. If anything, the discussion indicated they might have drifted further apart.
They’ll likely have one last shot at reaching a deal on the legislation for this year when they meet on Friday. It’s the same point that all bills being negotiated in conference committee must be completed and positioned for final votes on the House and Senate floors. Otherwise, they’re dead for the session.
Rail tax conferees kept alive a new provision that links an extension of the tax with the county taking ownership of so-called "roads in limbo." Those are the hundreds of roadways across the state whose jurisdiction has been disputed for years by state, county and private entities.
Senate members introduced the idea earlier this week as an attempt to get House members to agree to a five-year extension of the rail tax at its current 0.5 percent rate. However, Rep. Sylvia Luke (D, Punchbowl-Pauoa-Nuuanu) on Wednesday opted to include that roads-in-limbo provision in the House’s version, which further trims the rail tax in half, to 0.25 percent for a 25-year period.
Luke also proposed that the state control the rights for advertising in the airspace above the 20-mile rail line.
In other business, lawmakers gave final approval this week to a number of bills dealing with everything from drug overdoses to closed-door meetings for trustees of the public employees’ retirement fund:
» A measure that would offer limited legal immunity for people who seek medical assistance for victims of drug or alcohol overdoses has won the approval of House and Senate lawmakers.
Senate Bill 982 is supported by the state Department of Health, which reported that fatal drug poisonings have been increasing in Hawaii. Death certificate records now indicate drug poisonings are the leading cause of fatal injuries, surpassing motor vehicle deaths and falls, according to the department.
Fear of arrest or prosecution may cause unnecessary deaths that could have been avoided if people near the victims had called for help, health officials said.
Cathy Betts, executive director of the Hawaii State Commission on the Status of Women, told lawmakers that 21 other states have approved similar laws limiting legal liability of bystanders as a way to help prevent drug and alcohol overdoses from becoming fatal.
"The most common reason people do not call 911 is fear of police involvement," Betts said in written testimony.
The measure was also supported by the Hawaii Medical Association, which told lawmakers that "the HMA believes this bill will save lives."
» Lawmakers also agreed to a measure that would add gambling to the illegal activities covered under "nuisance abatement" laws, a change that would allow citizen lawsuits to be filed against owners who repeatedly allow illegal gambling activities to take place on their properties.
Mitch Roth, prosecutor for the County of Hawaii, said SB 148 would hold landlords accountable when illegal gambling operations are repeatedly discovered in the same place.
"This bill will supplement traditional policing by providing an additional tool to remedy illegal activity at specific buildings, premises or places within Hawaii," Roth said in testimony to lawmakers. "Currently there are no consequences for property owners who fail to take action to halt ongoing gambling activity occurring on their property."
Offenses that are already covered by the nuisance abatement provisions include prostitution, lewdness, promoting pornography and some drug crimes.
The anti-gambling provisions were supported by the Honolulu Police Department as well as the Hawaii Catholic Conference, the Hawaii Family Forum, the Hawaii Coalition Against Legalized Gambling and the League of Women Voters of Hawaii.
» The House and Senate also approved a measure to allow the public worker public pension fund to hold closed-door meetings to consider confidential information related to investments, and to consider some procurement issues.
The Employees’ Retirement System includes more than 115,000 state and county public employees and retirees, and manages assets of $13.9 billion.
Kanoe Margol, interim executive director, told lawmakers the state "Sunshine Law" generally requires trustees to meet and make decisions in open session.
There are exceptions that allow for closed meetings so trustees can consider issues such as personnel matters or litigation, but "the applicability of these exceptions to the trustees’ consideration of confidential information related to investments has been questioned," Margol said.
SB 1208 would allow trustees to meet at times in closed-door sessions to consider proprietary information and confidential business information relating to investments, he said.
Without that ability, the trustees would be precluded from making certain types of investments, and might be left at a "competitive disadvantage" when investing or selling assets, Margol said.
» Lawmakers also approved SB 550, which bans the possession or sale of powdered alcohol products. The bill would make possession or sale of powdered alcohol a misdemeanor offense punishable by up to six months in jail.
The ban was supported by the Honolulu Police Department, which warned that powdered alcohol products can be easily concealed and smuggled into schools, arenas and stadiums, and would make it easier for underage drinkers to conceal their drinking.
The ban was also supported by the state Department of Public Safety and the Coalition for a Drug-Free Hawaii, which both expressed concerns about underage use of powdered alcohol products.
The measure would still allow for possession of powdered alcohol products for research purposes.
Each of those measures will now be considered by Gov. David Ige, who can sign them into law, veto the bills or allow them to become law without his signature.