How major bills fared at the Capitol
JAMM AQUINO / JAQUINO@STARADVERTISER.COM
Legislators met on Thursday, the final day of the 2022 session.
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The 31st state Legislature adjourned Thursday and forwarded over 300 bills to Gov. David Ige. Ige has until June 20 to announce which bills, if any, he plans to veto.
GOVERNMENT
Passed
State budget
HB 1600, HD1, SD2, CD1
Allocates $8.7 billion in general funds and
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$16.9 billion in all methods of funding, including $6.8 billion in capital improvement projects.
Home lands
HB 2511
Establishes the Hawaiian home lands special fund and appropriates $600 million. Funds also will be used for down payment assistance and mortgage payment assistance to beneficiaries of the Hawaiian Homes Commission Act, 1920.
‘Rainy day’ fund
SB 514, SD1, HD1, CD2
Deposits $500 million into the Emergency and Budget Reserve Fund.
Tax rebates
SB 514, SD1, HD1, CD2
Rebates of $300 to people earning less than $100,000 and each of their dependents and $100 to people earning over $100,000 and their dependents.
Ohana Zone
HB 2512
Appropriates $15 million and extends the Ohana Zone pilot program until 2026 to provide temporary shelter, permanent transitional housing and services including health care, social support services and transportation.
Needy families
HB 2233
Provides First-to-Work participants in the Temporary Assistance for Needy Families and Temporary Assistance for Other Needy Families programs up to $500 per month for rental assistance, benefiting an estimated 4,000 working families.
Mauna Kea
HB 2024, HD 1
Establishes the Mauna a Wakea stewardship authority to solely manage state lands on Mauna Kea.
Abandoned vehicles
HB 1413, HD 2, SD 1, CD 1
Allows counties to require payment of outstanding charges and fines related to an abandoned vehicle before issuing a certificate of registration or completing a transfer of ownership.
Elections
SB 2162, SD1, HD1, CD1
Establishes ranked choice voting for special federal elections and special elections of vacant County Council seats.
FAILED
Proclamation limits
HB 1585, HD 1, SD 1
Authorizes the Legislature to terminate a state of emergency by two-thirds vote.
Gifts to legislators
HB 2069, HD 2, SD 1; SB 3037, SD 1
Outlines how lawmakers and state employees report and deal with gifts from foreign, federal and state officials.
Transparency
HB 1897, HD 1
Would require all boards to livestream meetings and archive the recordings online, identify each item on its meeting agenda as an item for action or discussion, and allow for oral testimony after each agenda item. Board meetings, minutes and board packets would have to be posted online.
HB 1874
Would allow boards to conduct up to one retreat in private per calendar year provided that the board does not vote on any matter, make decisions or deliberate toward a decision on any matter pending before the board or likely to arise before the board.
Gifts to legislators
HB 1871, SB 2714
Exempt legislators and state employees from bans in the state Code of Ethics from accepting foreign protocol gifts, gifts of aloha, invitations to certain events and meals, under certain conditions.
TAXES
Passed
Tax credit
HB 2510, HD2, SD1, CD1
Makes the earned income tax credit permanent and refundable.
Vehicle registration
HB 1688, HD 1, CD 1
Subjects U-drive motor vehicles to the same registration fees as other motor vehicles; authorizes counties to use motor vehicle registration fees to address impacts of tourism-related traffic congestion.
FAILED
Wholesale tax
SB 2020, SD 1
Clarifies that sales of goods to a licensed retail merchant, jobber or other licensed seller for resale are eligible for the wholesale general excise tax rate only if the resale is subject to the highest tax rate.
Electronic tax filing
HB 2177, HD 2
Expands the Tax Department’s authority to require electronic filings.
Tourism user fee
SB 3192, SD 2, HD 1
Establishes a program to collect an entry fee for visitors at a state park, beach, state-owned forest, hiking trail or other state-owned natural area.
Emissions tax
HB 2278, HD 1
Establishes a refundable income tax credit to mitigate a carbon emissions tax on taxpayers; amends the environmental response, energy and food security tax to address carbon emissions.
Climate change mitigation
HB 1451, SB 2054
Assesses a climate change mitigation impact fee on every customer who uses a rental motor vehicle.
High-earner taxes
HB 1505, SB 2242
Increases personal income tax revenues for high-earning taxpayers; increases the tax on capital gains; increases the corporate income tax under a single rate.
SB 3250, SD 1
Establishes two additional marginal tax rates for people, estates and trusts, including joint filers whose income exceeds $10 million and individuals whose income exceeds $5 million.
SB 3182, SD 1
Establishes a wealth asset tax of 1% of the state net worth of each individual taxpayer who holds $20 million or more in assets in Hawaii.
Transient accommodations tax
HB 1948
Exempts state residents from the transient accommodations tax.
TAT green fee
SB 2098, HB 1439
Establishes a green-fee surcharge on transient accommodations to fund a workforce and services promoting environmental goals.
Liquor tax
SB 2441, HB 1618
Beginning July 1, establishes a 10-cent per drink surcharge.
Vacant property surcharge
SB 2246
Establishes a conveyance tax vacancy surcharge on sales of prolonged vacant property for taxable years after Dec. 31; disallows dividends paid deduction for real estate investment trusts.
Tourist green fees
SB 3012, HB 1802
Requires the state Department of Land and Natural Resources to establish a visitor green fee program to collect tourism fees to help offset impacts on climate change.
HB 1512
Establishes an environmental surcharge on visitor accommodations, with proceeds invested in clean energy and natural resource conservation.
EDUCATION
Passed
Air conditioning
SB 2862, SD 1, HD 1, CD 1
Funds the installation of air-conditioning units for public school classrooms that have not received air-conditioning units.
Construction
HB 2000, HD 1, SD 1, CD 1
Appropriates $200 million for the school facilities authority to build new pre-kindergarten facilities or improve or expand existing ones.
Feminine hygiene
SB 2821, SD 2, HD 1, CD 1
Makes available free menstrual products for students at all public schools.
Digital learning
SB 2184, SD 1, HD 1, CD 1
Establishes and funds a digital learning center within the Department of Education in part to help students develop and improve digital literacy skills.
FAILED
Harassment
SB 3093, SD1
Misdemeanor offense for disrupting or interfering with the administration or functions of any school, school administration office or school board.
Development
SB 3209, SD 2, HD 1
Would reestablish funding for 21 hours of paid professional development for teachers annually.
BOE diversification
HB 1986, HD 2
Would require one Board of Education member to be a Hawaiian immersion expert.
LGBTQ training
SB 2562
Requires DOE to provide comprehensive training for teachers and educational officers on sexual health topics that include positive and accurate representations of the lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual and other sexual orientations and gender identities and people of color communities, to destigmatize and promote sexual health.
Sex trafficking
SB 1347, SD 1, HD 2
Requires the DOE to offer training for teachers, educational officers and school-based personnel including behavioral health specialists, security, custodial and support staff on sex trafficking prevention and response.
Agriculture facility
SB 3096, SD 1, HD 2
Would fund construction of an agriculture innovation center to grow food for school use and educate students possibly on Kauai; an original proposed appropriation was $6 million.
Agricultural careers
SB 2928, SD 3, HD 1
Would form a working group to create a plan to establish agricultural career pathways in high school through post-
secondary education.
Psychologists
SB 2823, SD 2, HD 1
Establishes a nationally certified school psychologist incentive program.
Retiree reuse
HB 1736, HD 2
Would temporarily allow retired licensed teachers to return to work during a state of emergency within 12 months of retirement.
CONSUMER PROTECTION/LABOR
Passed
Flavored vaping ban
HB 1570, HD 1, SD 2
Bans the sale of flavored tobacco products and mislabeled e-liquid products.
Disabled workers
HB 1787, HD 2, SD 2, CD 1
Establishes “employment first” as a policy of the state and counties. Defines “employment first” as the competitive employment and full inclusion of people with a disability in an integrated setting as a first and preferred option for employment services. Requires state and county agencies to implement this policy in hiring practices and all programs and services administered or funded by the state or counties. Beginning June 30, 2023, requires the Department of Human Services to apply employment first principles to Medicaid home and community-based services programs.
Stolen bicycles
HB 1991, HD 2, SD 2, CD1
Requires the Honolulu Police Department to establish a public database of reported stolen bikes and make it illegal to sell bikes in the database.
Coffee labeling
HB 1517, HD 2, SD 2, CD1
Directs the state Department of Agriculture to assess the economic impact on local coffee farmers and the local coffee industry from potential changes to coffee labeling requirements.
FAILED
Unpaid internships
SB 988, SD 1
Establishes detailed guidelines for unpaid internships.
Telework
SB 2940, SD 2
Would direct a state agency to establish a telework policy for state employees.
Food banks
SB 2169, SD 2
Would fund the operating expenses of the four Hawaii food banks contracted by the Office of Community Services to administer the Emergency Food Assistance Program in each of the state’s counties.
Unemployment
HB 1505, SB 2242
Exempts unemployment payments from state personal income taxes while raising capital gains taxes and taxes on high-income earners.
Cryptocurrency
SB 2697, SD 1; HB 2287
Aims to broaden local trading in cryptocurrencies by excluding brokered transfers from Hawaii’s Money Transmitters Modernization Act.
5G technology
HB 1915
Prohibits deployment of fifth-generation cellular network equipment within a to-be-determined radius of state airports and navigational equipment.
Liquor shipping
SB 2289, HB 2189
Allows licensed makers of beer and distilled spirits to ship product directly to consumers of legal age.
Noisy engines
HB 1901, SB 3009
Bans the sale of two-stroke engines and machines powered by two-stroke engines, which can include weed whackers, leaf blowers, chain saws, motor scooters, mopeds and personal watercraft, as of Jan. 1, 2024.
PUBLIC SAFETY
Passed
Bail reform
HB 1567 HD1 SD1 CD1
Eliminates the use of monetary bail and requires defendants to be released on their own recognizance for certain nonviolent offenses, subject to certain exclusions.
Kupuna drivers
SB 2679 SD2 HD2 CD1
Extends the renewal period from two years to four years for licensees who are 72 years of age or older but younger than 80 years of age.
Women’s court
HB 2421, SD 2
Would establish a three-year women’s court pilot program on Oahu with a goal of diverting participants from incarceration and reducing recidivism.
Catalytic converters
SB 2279 SD2 HD2 CD1
Regulates the purchase of catalytic converters by used motor vehicle parts dealers and palladium, platinum and rhodium by scrap dealers and recyclers. Subjects people who violate related provisions to a Class C felony. Establishes the felony offense of theft of catalytic converter. Requires each county police department to maintain certain reported information and initiate education programs to prevent catalytic converter thefts.
FAILED
‘No knock’ warrants
HB 1509, SB 2576
Requires verbal announcement and 30-second wait by uniformed law enforcement officers before executing an arrest or search warrant at a home or building.
Prostitution
SB 2557, HB 2265
Would decriminalize offering, agreeing to or engaging in sexual conduct with another person in return for a fee or anything of value.
Stun guns
HB 1732, HD 1
Prohibits individuals from carrying an electric gun in or near certain places, including public schools, other local government buildings and mass transit facilities and vehicles unless they qualify for exceptions.
Justice reform
HB 2015, HD 2
Would fund a new research institute within the University of Hawaii William S. Richardson School of Law that aims to address criminal legal system effects on vulnerable communities, including Native Hawaiians, with a focus on restoration and healing.
Female searches
SB 2777, SD 1, HD2
Requires searches of female inmates be done by a female correctional facility employee unless the prisoner presents a risk of escape or immediate harm; also excludes male employees from areas where female inmates might be undressed unless the same risk exists.
‘Stand your ground’
HB 2464, HD 1
Eliminates provision that retreat must be considered before using deadly force.
Sex victims
SB 3347, SD 2
Would establish a one-year pilot program to pay $2,000 a month to verified victims of sex trafficking who seek to exit the sex trade.
Fireworks task force
HB 1604
Would establish an illegal-fireworks task force within the state Department of the Attorney General to develop a comprehensive strategic plan to combat importation of illegal fireworks.
Fireworks imports
SB 2743
Would create a program to randomly inspect shipping containers arriving in Hawaii for illegal fireworks, in part using dogs trained to detect explosives.
HEALTH/SOCIAL SERVICES
Passed
Abortions
Act 003
Allows advanced practice registered nurses to perform abortions.
Hawaiian burials
HB 1894, HD 3, SD 2
Accommodates the use of traditional Native Hawaiian burial practices and environmentally friendly burial practices by including water cremation in the treatment and disposal of human remains.
Testing lab
HB 2515, HD 2, SD 2
Requires the Department of Health to establish and operate a laboratory capable of testing for diseases, air and water quality issues, and other high-complexity testing.
FAILED
Medical cannabis
SB 86, SD3
Requires the Department of Health to issue medical cannabis dispensary licenses to the Department of Hawaiian Home Lands, allowing for increased revenue for beneficiaries. Requires the Department of Hawaiian Home Lands to study the feasibility and revenue to be generated by medical cannabis dispensaries, limited gaming and other potential revenue-generating options on Hawaiian home lands.
Aid in dying
HB 487, SB 839
Authorizes advanced practice registered nurses, in addition to physicians, to practice medical aid in dying in accordance with their scope of practice and prescribing authority. Authorizes psychiatric mental health nurse practitioners, in addition to psychiatrists, psychologists and clinical social workers, to provide counseling to a qualified patient. Reduces the mandatory waiting period between oral requests from 20 days to 15 days. Waives the mandatory waiting period for those terminally ill individuals not expected to survive the mandatory waiting period.
Emancipation
SB 821, SD 2, HD 1
Allows a minor who has reached age 16 to petition Family Court for emancipation. Requires the court to require the minor’s parents or legal guardians to pay for any services ordered by the court.
Animal control
SB 2837, SD 2, HD 2
Establishes a spay and neuter special fund and allows funds from an income tax check-off to be deposited into the special fund.
Waste disposal
HB 1712, HD 1, SD 1
Prohibits siting of waste disposal facilities on important agricultural lands and agricultural lands with Class A and B productivity ratings.
Support animals
SB 2194
Specifies that anxiety and emotional disorders are disabilities for which service animals may be used for assistance.
SB 2438, SD 1, HB 1944
Requires that a disclaimer be provided by sellers or providers of emotional support animals or certificates, identifications, tags, vests, leashes and harnesses for emotional support animals that the animal is not a service animal.
Red Hill
SB 2407, SD 1
Requires underground storage tank permit applicants to submit contingency plans for worst-case scenarios.
SB 2653, SD1
Establishes a task force to investigate the environmental, infrastructure, public health and economic consequences of the Red Hill water crisis and include a recommendation plan that also considers water rationing.
ENVIRONMENT
Passed
Pupukea
SB 3330, SD 1, HD 1, CD 1
Requires the state Department of Land and Natural Resources to establish and conduct the Pupukea Marine Life Conservation District carrying capacity pilot program.
Aquatic life
HB 1653, HD 2, SD 2
Establishes a tiered administrative fine system for each specimen of aquatic life taken, killed or injured. Establishes a criminal fine structure on a per-specimen basis for violations involving aquatic life.
Drone fishing
SB 2065, SD 2, HD 2, CD 1
Prohibits the possession or use of unmanned aerial vehicles on, in or near state marine waters for purposes of fishing, unless permitted by the Department of Land and Natural Resources.
Cesspools
HB 1806, HD 2, SD 1
Requires cesspools be upgraded or converted to a wastewater system approved by the state Department of Health before Jan. 1, 2050, absent an exemption.
FAILED
Offshore wind farms
SB 2535, SD 2
Establishes the number of miles from the shore of a main Hawaiian island where offshore wind turbines may be sited.
Conservation enforcement
SB 2659, SD 1, HD 1
Appropriates funds to DLNR’s Division of Conservation and Resources Enforcement for equipment, funding training and establishing 20 full-time equivalent positions.
Oceanfront sandbags
HB 2229, HD 1, SD 1
Creates two-year program at the University of Hawaii, College of Engineering to study the impact of sandbag walls, or “sand burritos,” on sand movement patterns and coastal erosion and on public trust resources, including beach access, coastal water quality and recreation at Ehukai Beach Park, including from the shoreline area near Ke Ike Road to Sunset Beach.
Bidets
HB 1906
Would fund replacement of traditional toilets at the state Capitol with bidets to reduce the use of toilet paper and water.
Feral cats
HB 1987
Would require DLNR to conduct a point-in-time count of feral cats per island by June 2023 and require the Invasive Species Council to develop and implement a program to effectively reduce the feral cat population by 2025.
Feral chickens
HB 1095
Would appropriate money to eradicate feral chickens in state parks.
Sunscreen
HB 1519, HD 1; SB 3001, SD 1
Would prohibit the sale or distribution of any sunscreen with active ingredients not generally recognized as safe and effective by the federal Food and Drug Administration, absent a medical prescription.
Disposable utensils
SB 2848; HB 1643, HD 1
Would prohibit food sellers from giving customers disposable service ware such as utensils and straws absent a request or prompting.
Land conservation
HB 2041, HD 1; SB 2351, SD 1
Would boost the maximum amount of state conveyance tax revenue distributed to the state’s land conservation fund to $8 million if that is less than 10% of conveyance tax collections; also would increase how much of the fund can be used for maintenance and management costs for land acquired by the fund.
HOMELESS
Passed
Rental housing
SB 3048
Appropriates $300 million into the Rental Housing Revolving Fund. Up to $150 million, for the first time, set aside to develop rental housing for working individuals and families with incomes about 60% at or below 100% of Hawaii’s median family income.
Housing voucher program incentives
HB 1752, HD3, SD1, CD1
Appropriates $1.5 million to establish incentives for landlords to participate in the Tenant-based Assistance Housing Choice Voucher Program and cover property damage expenses that exceed tenant’s security deposit up to one month of rent. Adds staff to the Hawaii Public Housing Authority to improve service delivery and ensure housing inspections take place within 15 days of a landlord or owner’s request.
Affordable housing bonds
HB 1829
Requires housing bonds on Oahu to be used only for rental housing projects eligible for low-income housing tax credits.
Rental discrimination
SB 206
Prohibits discrimination, including in advertisements for rental property, in rental transactions based on participation in the Section 8 housing choice program or any permanent supportive housing programs.
Homeless youth
SB 3235, SD 1
Establishes the Safe Spaces for Youth pilot program within the Department of Human Services. Requires DHS to contract with nonprofit organizations to provide shelters for homeless youth.
FAILED
Medical respite
HB 1797, HD 1
Establishes a three-year medical respite pilot program within the Department of Human Services to provide outpatient health care and supportive services to homeless people recently discharged from the hospital and nonhospitalized homeless people who are being moved by police out of unauthorized spaces.
Kupuna housing
SB 2677, SD 1
Establishes a long-term rental assistance pilot program to be administered by the Hawaii Public Housing Authority for people 62 years or older who are homeless or at imminent risk of becoming homeless.
LGBTQ+
SB 2207, SD 1
Adds a representative of an LGBTQ+-focused organization to be included as a member on the Hawaii Interagency Council on Homelessness.
Aloha homes
SB 3261, SD 2
Establishes the Aloha homes program to develop low-cost homes on state- and county-owned land in urban redevelopment sites to be sold in leasehold by the Hawaii Housing Finance and Development Corp. to qualified residents.
Kakaako Makai
SB 3279
Allows raising building height limits for two of six parcels owned by the Office of Hawaiian Affairs in Kakaako.