How major bills fared at the Capitol
May 5, 2024
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Here is the status of major bills following the end of the 60-day Hawaii legislative session on Friday. The bills listed as passed were approved by both the House and Senate. Original bills that are known as acts have been signed into law by Gov. Josh Green.
GOVERNMENT
Passed
Spending
Act 2 — formerly HB 2520
Appropriates funds for the Legislature, auditor, Legislative Reference Bureau, ombudsperson and Ethics Commission after the general fund expenditure ceiling for fiscal year 2023-2024 had been exceeded by 9.4% — just over $1 billion. The act adds $28.6 million to the already exceeded amount, an additional 1% over the limit.
Kalaupapa
SB 2289, SD 2, HD 2, CD 1
Requires the Health Department to provide regular reports to the Legislature about the ongoing management and operations of the Kalaupapa Settlement, specifically areas such as medical and basic living needs of the residents, promotion of a positive living environment and management of state resources. SB 2289 also discusses the transfer of powers and duties to other entities after the last Hansen’s disease patient dies.
Pest control
HB 2619, HD 1, SD 1, CD 1
Appropriates $19.8 million for the Department of Agriculture to combat pests, including coconut rhinoceros beetles, fire ants, brown tree snakes, coqui frogs, rose-ringed parakeets and two-lined spittlebugs. Also appropriates $50,000 in matching grant funds for each county to combat feral chickens.
Vehicle noise
SB 2350, SD 2, HD 2, CD 1
Establishes a separate prohibition on driving motor vehicles with noisy mufflers on public highways in high-
density population areas. Establishes separate fines for violations of motor scooter and motor vehicle muffler laws.
Cannabis records
HB 1595, HD 1, SD 1
Directs the state Department of the Attorney General to create a pilot project to initiate a state-led expungement process for arrest records related to specific marijuana offenses.
Misconduct
HB 1881, HD 1, SD 1
Increases the amount of fines imposed on legislators and lobbyists to $5,000 from $1,000 for violations of state standards of conduct, to be determined by the state Ethics Commission.
Sunshine
HB 1598, HD 1, SD 2
Requires boards to make available for public inspection board packets, if created, at the time the board packet is distributed to board members but no later than two business days before the board meeting. Requires boards to include, in the notice to people requesting notification of meetings, a list of the documents that were compiled by the board and distributed to board members before a board meeting for use at the meeting. Requires boards to post board packets on their websites.
Officials’ information
HB 1916, HD 1, SD 1, CD 1
Aims to reduce the possibility of violence against government officials by prohibiting “government agencies, persons, and organizations from making publicly available on the Internet the protected personal information of certain public servants, upon written request from the public servant or their representative.”
FAILED
Judicial retirements
HB 2509, HD 1, SD 1
Proposes a constitutional amendment to increase the mandatory retirement age for state justices and judges to 75 years from 70 years.
Cannabis
SB 3335, SD 2, HD 2
Makes adult recreational cannabis use legal and establishes a state control board.
TAXES AND FEES
Passed
Income tax cuts
HB 2404, HD 1, SD 1, CD 1
Broadly cuts Hawaii income taxes by adjusting tax brackets and the standard deduction alternately every other year through 2031.
General excise tax
SB 1035, SD 2, HD 1, CD 1
Provides general excise tax exemption for medical and dental services provided by health care providers to patients with Medicaid, Medicare or TRICARE benefits.
Towing fees
HB 1577, HD 1, SD 2, CD 1
Increases certain towing charge caps, limits the overturned vehicle surcharge to $35 and requires towing companies to allow payment by cash, credit card or debit card for vehicles towed from private or public property.
FAILED
Cigarette tax
HB 2504, HD 2, SD 2
Applies the cigarette tax levied upon a wholesaler or dealer to electronic smoking devices and e-liquids.
Child tax credit
HB 1662, HD 1; SB 2660
Establishes a refundable child tax credit.
Visitor fees
HB 2406, HD 2
Adds a $25 dollar tax on transient accommodations at least in part “to prevent climate crises and more effectively respond to climate crises when they occur.”
SB 304, SD 2, HD 3
Establishes a visitor impact fee program for the state Department of Land and Natural Resources to charge visitors for a license to visit a state beach, park, forest and other state natural areas.
Transient lodging
HB 2081, HD 2
Increases the transient accommodations tax and imposes a $10,000 daily penalty for not paying TAT.
Estate tax
HB 2653, HD 1, SD 1;
SB 3345, SD 1
Establishes an estate tax deduction for the value of closely held business interests to help family members retain ownership in locally owned family businesses.
Liquor taxes
HB 2589
Establishes a surcharge on the liquor tax until June 30, 2027.
SB 3275
Increases the liquor tax and adjusts it for future inflation.
Unemployment exclusion
HB 1612, SB 2662
Exempts unemployment compensation from state personal income tax and increases the maximum weekly benefit a person may receive.
Educator credit
HB 1652, HD 1, SD 1
Establishes a state income tax credit for qualified expenses incurred by certain people employed by the Department of Education, a public charter school, the state Public Library System or as part of a Head Start program in a school.
Employer credit
SB 125, HB 1732
Establishes an income tax credit for employers to hire state residents who have been living, working or studying on the mainland for three or more years and agree to return to Hawaii.
Renter credit
SB 1208, SD 1
Reduces taxes for low-
income renters by increasing income thresholds and tax credit amounts for qualifying households, and annually adjusts the income thresholds and credit amounts for inflation.
Employment expense
HB 1776, HD 2
Increases a taxpayer’s employment-related expenses that may be claimed for the household and dependent care services tax credit for five years.
EDUCATION
Passed
Kaiapuni education
HB 2074, HD 2, SD 1, CD 1
Allocates $3.5 million for fiscal year 2024-2025 for Hawaiian language immersion education, including funding for three full-time-equivalent Kaiapuni education curriculum specialist II positions and 10 full-time-equivalent Kaiapuni classroom teacher positions.
Student harm registry
SB 2475, SD 2, HD 2, CD 1
Adds a layer of safety for students in public, private and charter schools and prekindergarten programs by helping to deter hiring school staff who have been found to have caused harm to a student following an investigation.
Teacher licensing
SB 2257, SD 3, HD 1, CD 1
Authorizes the Hawaii Teacher Standards Board to consider candidates who have either an associate’s degree or a high school diploma, along with equivalent education, relevant course work, industry experience and subject matter proficiency.
License surrendering
HB 2400, HD 2, SD 2
Requires teachers to surrender teaching licenses if they resign or retire during an investigation into allegations of sexual assault, sexual harassment or other physical abuse of a student and requires a report to the National Association of State Directors of Teacher Education and Certification.
Food services
SB 3091, SD 2, HD 1, CD 1
Would make an emergency appropriation to the Department of Education for food service operations.
FAILed
Farm-to-school
HB 2083, HD 3, SD 1
Would require the state Department of Education to encourage schools to develop a plan to achieve a goal of 30% farm-to-school meals by 2030 and require the DOE to launch a pilot program for plant-based meals at Mililani High School by the 2025-2026 academic year.
Promise program
HB 1535, HD 1
Would provide scholarships for the unmet needs of qualified students at any four-year University of Hawaii campus that meets criteria through the Hawaii Promise Program.
Dyslexia screening
HB 1657, HD 1
Would require all public schools to implement universal screenings for students in kindergarten through third grade to identify and support students who are at risk of dyslexia and other learning disabilities.
School facilities
SB 3328, SD 1
Would clarify the Department of Education’s authority to oversee public education facilities and real estate development. Would establish the Office of Facilities and Real Estate Development and the Office of School Operations and Services. Would repeal the School Facilities Authority.
Free breakfast
HB 1775, HD 1
Beginning with the 2024-2025 school year, would require the Department of Education to provide free breakfast and lunch to all students enrolled in department schools.
Braille literacy
HB 1977, HD 1
Would establish state policy to promote Braille literacy for blind students and require DOE to establish a Braille literacy resource center; would require education programs for eligible blind students to include the instruction of Braille and Braille instructional materials under certain circumstances.
Free tuition
HB 1795, HD 1
Would establish a working group to evaluate making community college free for Hawaii residents.
ELECTIONS
Passed
Automatic recounts
Act 1
Gov. Josh Green signed HB 129 to better protect voting by modifying when automatic recounts should be conducted in small races, and extends the timeline to complete a recount.
Presidential electors
Act 6 — formerly HB 1880
Changes the date for the post-election assembly of presidential electors to the first Tuesday after the second Wednesday in December following the election.
Deceptive media
SB 2687, SD 1, HD 2, CD 1
Prohibits a person from distributing, or entering into an agreement with another person to distribute, “materially deceptive media” unless the media contains a disclaimer or the person is a broadcaster required to distribute the media pursuant to federal law or rule.
‘Disaster’ solicitations
HB 2072, HD 1, SD 1
Makes it a Class C felony for any candidate, candidate committee or noncandidate committee to “solicit a contribution in a manner that would lead a reasonable person to believe that the solicited contribution would primarily be used to provide assistance to persons directly affected by a disaster.”
Voter guide
HB 1879, HD 1, SD 1
Requires the state Office of Elections to prepare a “digital voter information guide” to be posted on its website along with a printed version to be distributed to all public libraries. The guide would include a photo of each candidate provided by the candidate and a statement of up to 150 words; an explanation of any proposed constitutional amendments, to be drafted by the state Attorney General’s Office; and a description of any proposed charter amendments, to be written by each Corporation Council.
FAILED
Term limits
HB 1703
Proposes a constitutional amendment to require term limits on state legislators.
Public financing
HB 1845, HD 2
Increases the amount of partial public campaign financing available for all elective offices in Hawaii. Adjusts the minimum amount of qualifying contributions that candidates must receive to participate in the program.
SB 2381, SD 2
Establishes a comprehensive system of public financing for all candidates seeking election to state and county public offices beginning with the 2028 general election year.
Session contributions
SB 2212, HB 1847
Would prohibit state and county elected officials from soliciting and accepting campaign contributions during any regular session or special session of the state Legislature.
Campaign funds
SB 627, HD 2
Allows an election candidate, treasurer or candidate committee to use campaign funds for the candidate’s child care and vital household dependent care costs under certain conditions.
HB 1674, HD 1
Authorizes candidates and their candidate committees to donate residual campaign funds to the state general fund or to the real property tax general fund of any Hawaii county.
Contributions ban
HB 2184, HD 1, SD 1
Prohibits contributions from persons convicted or found in violation of various campaign finance, ethical or lobbying offenses.
PUBLIC SAFETY
Passed
Child abuse
HB 2425, HD 2, SD 2
Clarifies that perpetrators of confirmed child abuse or neglect incidents will be listed in the central registry and outlines conditions for name removal, instituting a request-based expungement procedure.
Slow-moving vehicles
SB 2819, SD 1, HD 2, CD 1
Requires vehicles traveling 10 mph or more below the posted speed limit on a two-lane highway, behind which five vehicles are formed in a line, to pull over where possible to let the trailing vehicles pass or overtake.
Highway speeding
SB 2443, SD 2, HD 2, CD 1
Implements automated speed enforcement systems at locations with photo red-light imaging detectors and creates a new offense for exceeding speed limits detected by these systems.
Speed limit
SB 3242, SD 1, HD 1, CD 1
The Department of Transportation or county transportation agencies must assess high-risk areas and develop mitigation strategies, with exceptions for speed limit reductions near schools not requiring an engineering study.
COVID-19 reporting
HB 2577, HD 1, SD 1
Authorizes the Department of Health to require the Department of Education to report potential COVID-19 outbreaks or other public health emergencies and related information in a manner most appropriate to public health and safety, as determined by DOH; repeals the requirement to publish the report on DOE’s website.
Dangerous dogs
HB 2058, HD 1, SD 1, CD 1
Establishes regulations and consequences for dog owners whose dogs cause harm to others and allows the impoundment of those dangerous
dogs under specific circumstances.
Ammo possession
SB 2845, SD 2, HD 1, CD 1
Prohibits a person from selling ammunition to a person under the age of 21 and prohibits a person under the age of 21 from owning, possessing or controlling ammunition.
Silver alert
SB 2305, SD 2, HD 2, CD 1
Establishes a silver-alert program within the Department of Law Enforcement to help locate and safeguard missing persons who are 60 years of age or older, cognitively impaired or developmentally disabled.
Sexual abuse
SB 2601, HD 1, CD 1
Extends the time frame during which a civil lawsuit for childhood sexual abuse occurring on or after July 1 can be initiated. Gives the court the authority to man-
date training in trauma-
informed response for personnel associated with legal entities.
FAILed
Dementia training
HB 1773, HD 1; SB 2552
Requires the law enforcement standards board to develop training materials related to the recognition and signs of Alzheimer’s disease and related types of dementia and requires law enforcement officers to review training materials for at least one hour a year.
Pedestrian safety
SB 2630, SD 1, HD 2
Authorizes pedestrians to act contrary to the statewide traffic code when a pedestrian carefully and reasonably determines that there is no immediate danger of a collision with a moving vehicle.
Alcohol limitations
SB 2384
Lowers the blood alcohol concentration threshold for driving while under the influence of alcohol to .05 from .08.
HOUSING
Passed
Housing density
SB 3202, SD 2, HD 1, CD 1
Requires counties to allow, no later than
Dec. 31, 2026, at least two accessory dwelling units on lots zoned for residential use in urban districts subject to certain restrictions.
Short-term rentals
SB 2919, SD 2, HD 2, CD 1
Allows counties to
regulate duration of home rentals and to phase out transient accommodations.
DHHL funding
SB 3109, SD 1, HD 2, CD 1
Ensures that part of a $600 million appropriation to the state Department of Hawaiian Home Lands in 2022 does not lapse June 30 by allowing the agency to use $129 million if encumbered by June 30, 2026.
Zoning exemptions
HB 2090, HD 1, SD 2, CD 1
Allows, as of Jan. 1, residential uses in areas zoned for commercial use to be considered permitted under certain circumstances, and requires counties to allow adaptive reuse of commercial buildings in building codes.
Infrastructure bonds
SB 2133, HD 1, CD 1
Allows the Hawaii Housing Finance and Development Corp., a state agency, to sell bonds for housing project infrastructure and regional state infrastructure projects.
Housing credits
SB 1170, SD 2, HD 1, CD 1
Requires counties to issue credits for affordable housing built by private developers using state funding under HHFDC programs. Credits can be used by developers to satisfy county affordable-housing requirements. Sunsets July 1, 2031.
FAILED
Land use changes
HB 676, HD 1, SD 2, CD 2
Lets counties change state land-use district boundaries for parcels between 15 and 100 acres with some limitations instead of the state Land Use Commission.
Zoning exemptions
HB 2007, HD 3
Allows religious, educational and medical institutions to build housing on land not zoned for residential use but in the state urban district under certain conditions.
Short-term rentals
SB 3105
Offers one-time amnesty on penalties and prosecution for short-term rental operators evading taxes if they shift to long-term rental use with certain conditions, while also offering conditional tax incentives for the sale of such properties.
ADU loans
HB 2548, HD 3, SD 1
Offers state-funded loans of up to $300,000 for homeowners to build accessory dwelling units on their property under a program run through financial institutions.
ADU subsidies
HB 1730
Provides subsidies up to $75,000 to private property owners on Maui to build accessory dwelling units and a four-year general excise tax exemption on rental income.
SB 2032
Establishes an ADU construction grant program.
Sale moratorium
HB 2203, SB 2999
Temporarily bans purchases of residential property by people who are not current and former Hawaii residents until the governor’s emergency proclamation on affordable housing expires.
DHHL funding
SB 3213
Allocates 1% of the state transient accommodations tax to DHHL to build affordable housing for beneficiaries.
WILDFIRES
Passed
Fire marshal
SB 2085, SD 2, HD 1, CD 1
Establishes a state fire marshal to direct fire protection efforts statewide.
Forecast system
SB 2284, SD 2, HD 1, CD 1
Establishes a two-year University of Hawaii program to develop a wildfire forecast system for the state using artificial intelligence.
Recovery funding
Act 10 — formerly known as SB 582, SD 2, HD 1, CD 1
Appropriates emergency Lahaina recovery funding for the current fiscal year, including $297 million for shelter, food and other assistance; $72.5 million for temporary homes; and $65 million for death and serious-injury compensation.
SB 3068, SD 1, HD 1, CD 2
Appropriates close to $460 million for Maui wildfire expenses next fiscal year, including $200 million for insurance claim payments and $186 million for general recovery costs.
Legal penalties
HB 1842, HD 1, SD 1
Increases criminal penalties for arson during red flag warnings, and monetary penalties for violating state fire protection laws.
FAILED
Recovery commission
HB 2696, HD 1, SD 1; SB 2979. SD 1
Establishes the Lahaina Recovery Oversight Commission to oversee and guide the recovery
of Lahaina.
Redevelopment board
SB 3381, SD 2
Establishes an elected board of West Maui residents to govern Lahaina’s redevelopment with support from the Hawaii Community Development Authority.
Damage fund
HB 2700, HD 3, SD 2;
SB 3344, SD 2, HD 2
Establishes the Hawaii Wildfire Relief Fund and Corp. to provide compensation for property damage resulting from catastrophic wildfires in the state.
Utility bonds
SB 2922, SD 2, HD 3
Requires electrical utilities to develop state-
approved wildfire mitigation plans and allows plan implementation funding through low-
interest bonds secured by ratepayer revenue.
Housing recovery
SB 2836, SD 2, HD 2;
HB 2549, HD 1
Establishes a state and county interagency council to coordinate and facilitate housing recovery initiatives on Maui.
Fire mitigation
SB 2091, SD 2; HB 1679
Requires electrical utilities to create wildfire mitigation plans and deenergizing protocols. Also requires telecommunication companies to share power line outage information with emergency response offices.
SB 2842, SD 2, HD 1;
HB 1926
Establishes a working group within the state Department of Land and Natural Resources to advise state agencies on wildfire safety and prevention efforts.
Helicopter use
HB 1564; SB 2808, SD 1
Establishes a state firefighting helicopter program to help counties fight wildfires.
Hazard map
HB 2766; SB 3326, SD 1
Requires DLNR to create and annually update a wildfire hazard map and requires private and public property owners to trim grasses within certain proximity of public rights of way and utility lines.
Nonprofit grants
SB 2143, SD 1, HD 1
Appropriates funds to provide grants to nonprofits for wildfire preparedness and mitigation programming.
MISCELLANEOUS
Passed
Mac nuts
HB 2278, HD 2, SD 3, CD 1
Clarifies labeling requirements for macadamia nuts to require a disclosure that certain products might contain macadamia nuts not grown in Hawaii.
Snails
Act 4 — formerly HB 1899
Designates certain species as official state snails that are symbolic of Hawaii and would “increase awareness of the imperiled status and cultural and ecological relevance of all Hawaiian land snails, preserve their cultural and ecological significance, and encourage continued conservation of native Hawaiian invertebrates.”
Afghanistan,
Iraq plates
SB 2731, SD 1, HD 1, CD 1
Creates special number license plates to honor veterans of the Iraq and Afghanistan wars.
License okina
HB 1861, HD 2, SD 2
Requires license plates issued on or after Jan. 1 to include the okina in
the word “Hawai‘i.” Authorizes the use of all uppercase letters, all lowercase letters or initial capital letters for the words “Hawai‘i” and “Aloha State” in motor vehicle license plates.
Shaka
SB 3312, SD 1, HD 2, CD 1
Adopts, establishes and designates the shaka as the official gesture of Hawaii. Authorizes the State Foundation on Culture and the Arts to develop a public work of art related to the shaka and its history to be displayed in a prominent location.
‘Kimchi Day’
Act 8 — formerly HB 1950
Designates Nov. 22 of each year as “Kimchi Day.”
‘Makahiki Day’
SB 2657, SD 1, HD 2, CD 1
Recognizes the Makahiki, a season and New Year festival of Hawaiian tradition celebrating harvest, bounty and the god Lono. The calendar date on which the state should commemorate the Makahiki season shall be projected yearly using various technologies that track celestial phenomena to determine and publicize the equivalent day of the Gregorian calendar. This day is not and shall not be construed as a state holiday.
FAILED
Pets in vehicles
SB 2561, SD 2
Would prohibit intentionally leaving or confining pet animals in a vehicle under conditions that endanger their health, safety or well-being. Permits law enforcement officers, animal control officers and firefighters to enter an unattended vehicle to protect the health, safety or well-being of a pet animal that is endangered by being left or confined in an unattended vehicle. Allows private citizens to rescue a pet animal that has been left in an unattended vehicle under certain circumstances.
Convention naming
HB 2563, HD 2, SD 2, CD 1
Authorizes the Hawai‘i Tourism Authority to sell or lease naming rights for the Hawai‘i Convention Center facility.
‘World Peace Day’
HB 1780, HD 1
Would designate
Sept. 21 of each year as “World Peace Day.”
Stadium advertising
SB 3197, SD 1
Would exempt billboards and outdoor advertising devices within the stadium facility, including outdoor advertising devices for naming the stadium facility under certain conditions.
HTA
SB 1522, SD 2, HD 2
Would repeal the Hawai‘i Tourism Authority and instead establish an Office of Destination Management within the Department of Business, Economic Development and Tourism.