New laws taking effect today include an increase in the state minimum wage to $14 an hour, gender-neutral language for birth and marriage certificates, and a requirement that Hawaii law enforcement agencies establish minimum standards for the use of force.
A new City and County of Honolulu law will direct department and agency heads to ensure that all officers and employees under their authority participate in biennial anti-bias and inclusion training. Otherwise, the majority of new laws affect the entire state.
Legislators in 2023 approved a series of $2 hourly wage bumps, increasing to $14 an hour today and to $16 an hour on Jan. 1, 2026, and $18 an hour on Jan. 1, 2028.
In 2020 the state Department of Business, Economic Development and Tourism found that a single adult in Hawaii with no children, and with employer-provided health insurance, needed more than $18 per hour to meet basic needs.
Hawaii’s minimum wage increased to $10.10 per hour on Jan. 1, 2018, and to $12 an hour on Oct. 1, 2022.
Also effective today, Hawaii job listings must now “disclose an hourly rate or salary range reasonably reflecting the actual expected compensation.” Internal transfers and promotions are exempt. Exemptions also are allowed for employers with fewer than 50 employees and for “public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining.”
New state laws today also include one that for birth and marriage certificates will require “all gender-specific terminology, such as husband, wife, mother, father, aunt, uncle, niece, nephew, or similar terms, to be construed in a gender-neutral manner.”
For example: “The terms mother and father would instead be replaced by “parent”; the terms “they or he or she (would be replaced by) the parents or parent”; the term “mothers” will change “to birthing parents”; the term “father or adoptive father” will become “non birthing parent”; the term “stepfather” will be replaced by “birthing parents spouse”; the terms “husband” and “wife” will be “married couple or spouse”; the term “paternity” is now “biological parentage”; the terms “brother” and “sister” will be known as “siblings”; the terms “uncle” and “niece,” “aunt” and “nephew” will be known as “a person and child of person’s biological siblings”; and the terms “he” or “she” become “the party.”
Also today, any potential juror would be disqualified for jury service who “has been convicted of a felony in a state or federal court and not finally discharged or pardoned.”
A number of new laws will affect the state’s law enforcement agencies, including the requirement to “maintain a policy that provides a minimum standard on the use of force that include a requirement that law enforcement officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible.”
The new policies also must allow any law enforcement officer to “only use a level of force that the officer reasonably believes is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance.”
Each department’s use-of-force policy must be available to the public.
Any officer who witnesses another officer using force believed “to be beyond that which is necessary, as determined by an objectively reasonable law enforcement officer under the circumstances, based upon the totality of information actually known to the observing law enforcement (will require the) officer to notify the division head of the law enforcement officer who exercised the use of excessive force” in writing “immediately or as soon as is practicable after observing the use of excessive force.”
Changes to firearm laws also will take effect, including requiring law enforcement agencies to establish policies on acquiring gun licenses and permits.
The Honolulu Police Department will hold a public hearing 10 a.m. Jan. 9 at the main station to amend and add new rules to comply with new state laws. A new requirement for those who want to obtain a permit to acquire a firearm is to pass a safety course. A safety course always has been required for those applying for a license to carry a concealed firearm. For current gun owners, they will not need to pass a safety course unless they try to obtain a permit for a new firearm.
In June 2022 the U.S. Supreme Court limited states’ abilities to restrict the carrying of firearms.
On May 1 a new law went into effect on Oahu banning concealed firearms in 13 sensitive places on Oahu, which included government buildings, public parks, shelters, places frequented by children, election polling places, public transit, businesses that serve alcohol, large public gatherings including protests, concert venues, cannabis dispensaries and hospitals.
One advantage to the new law for concealed-carry licensees is that when renewing their license in the new year, the license will be valid for four years with a $50 renewal fee, instead of just one year.