How major bills fared at the Capitol
By Star-Advertiser staff
March 9, 2014
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Here is the status of major bills at the halfway point of the 60-day legislative session. The bills that are alive have passed in at least one chamber of the Legislature. The bills that are failing were not approved by the state House or Senate by Thursday’s procedural deadline. But failing bills can be revived and measures rewritten before the session adjourns in May.
GOVERNMENT
PASSING
State budget
HB 1700 HD1
Authorizes $12.1 billion in state spending for fiscal year 2015, about $53 million less than Gov. Neil Abercrombie requested. (Pending House vote this week.)
Hotel-room tax
HB 1671 HD1
Removes the $93 million annual cap on the counties’ share of hotel-room tax revenue. Provides the counties with 44.8 percent of hotel-room tax revenue collected each year.
Hawaii Community Development Authority
HB 1866 HD2
Places affordable housing, height limits, appeal rights and other requirements on the HCDA for development in Kakaako.
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Office of Hawaiian Affairs – Kakaako
SB 3122 SD2; HB 2554 HD1
Authorizes residential development on specified parcels of Kakaako land owned by the Office of Hawaiian Affairs. Senate and House bills both require public hearings on projects.
Turtle Bay
SB 894 SD2
Directs the governor to negotiate for the state acquisition of undeveloped land around Turtle Bay Hotel and Resort by purchase, conservation easement or eminent domain.
Dole land exchange
SB 3065 SD1
Exchanges state land for land owned by Dole Food Co. to help preserve agriculture in Wahiawa and the North Shore.
Dole land fund
B 112 SD1
Establishes the Whitmore project special fund for bond money that might help purchase land from Dole Food Co.
Rail development
SB 2437 SD2
Creates working groups to examine development around Honolulu rail stations.
Judicial nominees
HB 420 HD1
Amends 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.
FAILING
Initiative and referendum
Amends the state Constitution to provide for initiative and referendum.
BUSINESS/TAXES
PASSING
Hotel construction
SB 2968 SD2; HB 1594 HD2
Creates an income tax credit for qualified hotel construction or renovation costs.
Manufacturing
HB 2626 HD2
Establishes a temporary income tax credit for qualified manufacturing costs.
E-cigarettes
SB 2495 SD3
Defines electronic smoking devices as tobacco products subject to the same license and permitting requirements; imposes an excise tax on the devices; and prohibits use of the devices in workplaces and public spaces.
Electric vehicle fee
SB 2324 SD2
Proposes an electric vehicle user fee to be deposited into the state highway fund.
Earned income tax credit
SB 2205 SD1
Establishes a state earned income tax credit to help the working poor.
Low-income tax relief
HB 2371 HD1
Potentially 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
SB 2202 SD1
Potentially expands the food/excise tax credit for low-income taxpayers.
Low-income tax exemption
HB 1719 HD1
Eliminates income tax liability for taxpayers who fall below federal poverty guidelines.
Internet sales tax
HB 1651 HD1
Attempts to capture the taxes owed on Internet commerce.
Tobacco taxes
SB 2497 SD2
Increases the license fee for cigarette and tobacco product wholesalers and the retail permit fee for sellers.
Large cigar tax
HB 1849 HD1
Amends the tax rate on large cigars to 50 cents per cigar or 50 percent of the wholesale price, whichever is less.
FAILING
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.
EDUCATION
PASSING
Early childhood education
SB 2826 SD1; HB 2276 HD 1
Implements an early childhood education program if voters in November ratify a state constitutional amendment and allow public money to go toward private preschool.
Preschool
SB 2236 SD2; HB 1676 HD1
Provides preschool opportunities for low-income students at select public schools.
Mandatory kindergarten
SB 2768 SD2; HB 14 HD2
Mandates kindergarten for 5-year-olds and proposes a statewide kindergarten readiness program.
Instructional hours
SB 2139 SD2; HB 1675 HD1
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
SB 2922 SD2
Adds an unspecified number of required school days to a 180-day school year.
Superintendent salary cap
HB 2257 HD2
Increases the maximum annual salary of the state schools superintendent to $250,000, up from $150,000.
R.E.A.C.H.
SB 2441 SD2; HB 1756 HD1
Creates the Resources for Enrichment, Athletics, Culture, and Health program to provide after-school programs in public middle and intermediate schools.
Charter schools
HB 2576 HD1
Creates a special fund to develop charter school facilities. Establishes an income tax credit for taxpayers who want to contribute to facility development.
University of Hawaii-West Oahu
HB 1855 HD1
Prohibits land used for the permanent University of Hawaii at West Oahu campus to be sold or gifted without legislative consent.
Financial disclosure
HB 1072 HD1
Makes public the financial disclosures of the University of Hawaii Board of Regents.
FAILING
Smoking ban at University of Hawaii
Prohibits smoking, including electronic smoking devices, and tobacco use on University of Hawaii grounds.
CONSUMER PROTECTION/LABOR
PASSING
Minimum wage
SB 2609 SD1
Gradually increases the minimum wage to $10.10 an hour by January 2017, up from $7.25 an hour. Provides an undetermined tip credit for businesses to deduct from the minimum wage for workers who earn tips.
Minimum wage- poverty threshold
HB 2580 HD1
Gradually increases the minimum wage to $10 an hour by January 2018. Provides a $1 tip credit, but businesses can only deduct the tip credit from workers who earn at least 250 percent of the poverty level, or about $30,000 a year.
Hawaii Health Connector
HB 2529 HD3
Establishes greater transparency and oversight for the Hawaii Health Connector. Imposes a sustainability fee.
GMO task force
SB 2454 SD2
Mobilizes a task force to determine whether the state should regulate the agricultural use of genetically modified organisms.
Utilities upgrade
SB 2656 SD2; HB 1943 HD2
Requires the Public Utilities Commission to closely examine how to modernize Hawaii’s electricity grids at a proceeding no later than July. Requires the consumer advocate to represent the interests of all consumers at the proceeding.
Radiation levels
SB 3049 SD1
Directs the state Department of Health, in a pilot project, to monitor radiation levels over the next five years due to the Fukushima nuclear disaster in Japan in 2011. Requires the department to post periodic reports on its website.
Flavored tobacco
SB 2222 SD2
Prohibits the sale or distribution of any flavored tobacco product.
Tanning
SB 2221 SD2; HB 611 HD1
Prohibits minors from being allowed to use tanning beds.
FAILING
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.
CRIME
PASSING
Juvenile justice
HB 2490 HD2
Makes changes to juvenile justice system to help ensure only the most serious youth offenders are incarcerated.
Juvenile justice — treatment
HB 2489 HD2
Aims to reduce recidivism by funding mental health and substance abuse treatment programs for youth offenders.
Youth sentencing
HB 2116 HD2
Eliminates sentences of life in prison without parole for juvenile offenders.
Child sex assault — civil
SB 2687 SD1
Lifts the statute of limitations on civil claims for child sexual abuse against individuals and private entities until the victim turns 55.
Child sex assault — criminal
HB 2034 HD2
Removes the statute of limitations on filing both criminal and civil claims related to first- and second-degree sexual assault and the continuous sexual assault of a child under 14.
Domestic violence
HB 1993
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
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
Prohibits intentionally distributing sexually explicit images without the consent of the person depicted.
Bikeway parking
SB 2732 SD2; HB 1706 HD1
Sets a minimum fine of $100 for driving or parking on bicycle lanes or bicycle pathways. House version sets the fine at $200.
Drones
SB 2608 SD3
Restricts the ability of law enforcement to use unmanned aircraft to conduct surveillance. Permits the use of model aircraft for commercial, hobby, or recreational purposes.
FAILING
Crimes against the homeless
Provides for extended prison sentences for defendants who substantially injure the homeless.
HEALTH/SOCIAL SERVICES
PASSING
Housing first
HB 1841 HD1
Establishes the Hale Kokua program under the state Department of Human Services’ Housing First program to incentivize homeowners to rent units to homeless people with jobs.
Affordable housing
SB 2533 SD1
Appropriates funds to increase public housing stock and construct micro apartment housing: funds the rental housing trust fund and the dwelling unit revolving fund; finances affordable rental housing development.
Hawaii Health Systems Corp.
SB 3064 SD2
Allows the Hawaii Health Systems Corp., the state’s public hospital system, to transition into a nonprofit.
Kupuna care
SB 2346 SD1; HB 1713
Funds healthy aging programs and services and requires the Executive Office on Aging to create a public awareness campaign on long-term care.
Kupuna care — fall prevention
SB 2531 SD2; HB 2053 HD1
Creates a fall prevention and early detection coordinator position in the state Department of Health.
Public housing
HB 2577 HD2
Prohibits smoking in public housing projects except in designated areas.
Medical marijuana
SB 2574 SD1
Enables certified pain specialist physicians, oncologists, ophthalmologists and palliative care physicians to prescribe medical marijuana starting in January
Dental board
SB 2501 SD1; HB 2458 HD1
Renames the Board of Dental Examiners to the Board of Dentistry and Dental Hygiene and changes the composition of the board by adding dental hygienists and a public health dentist.
Body mass index
SB 2351 SD2
Requires doctors to provide annual body mass index measurements to patients from age 2 to 18.
FAILING
Home birth
Creates a task force to address home birth safety.
ENVIRONMENT
PASSING
Environmental courts
SB 632 SD2
Creates environmental courts as divisions within the Circuit Court system to hear all proceedings regarding environmental laws.
Geothermal
SB 2663 SD2
Establishes a permitting process through which the state Board of Land and Natural Resources and the counties can regulate geothermal resources development.
North Shore erosion
SB 3036 SD2
Tasks the University of Hawaii’s sea grant program with creating a North Shore beach management plan from Waimea Bay to Sunset Beach.
Oil spill response
HB 2620 HD1
Requires the University of Hawaii’s sea grant program to update an oil spill response report to reflect lessons learned from the Honolulu Harbor molasses spill.
Pesticide regulation
SB 2110 SD2
Appropriates money from the pesticide use revolving fund for increased pesticide regulation.
Climate change
SB 2344 SD1; HB 1714 HD1
Addresses climate change through the greater monitoring and assessment of sea level rises.
Invasive species
SB 2343; HB 1716
Funds invasive species prevention, control, outreach, research and planning through the Hawaii Invasive Species Council.
Coffee berry borer
HB 1514 HD1
Appropriates funds to combat the coffee berry borer.
Little fire ant
SB 2920 SD2
Funds a little fire ant pilot project in Hawaii County to research ways to address the tiny pest.
Kahoolawe
SB 2743 SD2; HB 2101 HD1
Funnels a percentage of conveyance tax revenue into the Kahoolawe Rehabilitation Trust Fund, which is set to run out in 2016.
FAILING
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.
MISCELLANEOUS
PASSING
County of Niihau
SB 3003 SD2
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.
Free speech
HB 1499 HD1
Proposes a state constitutional amendment asking voters whether spending money to influence elections is free speech.
Public financing of elections
HB 2533 HD2
Creates a public funding program for state House elections.
Lobbying disclosure
SB 2629 SD1
Requires lobbyists to disclose spending within 30 days after special legislative sessions.
Firearm registration
SB 2938 SD2
Requires the state attorney general to work with county police departments to create a statewide online firearms registration process by July 2015.
Homeless Bill of Rights
HB 1889 HD1
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
SB 3107 SD1; HB 2573 HD1
Designates the ukulele as the official state instrument.
Laniakea traffic
SB 3035 SD1
Authorizes revenue bonds and money for planning and construction to realign Kamehameha Highway mauka of Laniakea Beach on the North Shore.
Personal watercraft
HB 1382 HD1
Bans thrill craft from being operated above 30 mph, except by emergency responders, law enforcement officers and for tow-in surfing.
Agricultural sales
SB 2777 SD1
Prohibits the state Land Use Commission and the counties from restricting agricultural-based commercial operations authorized by the state.
FAILING
Smoking ban at beaches
Prohibits smoking on all public beaches statewide.