How major bills fared at the Capitol
By Star-Advertiser staff
March 10, 2019
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Here is the status of major bills near the halfway point of the 60-day legislative session. The bills that are alive have passed at least one chamber of the Legislature, or are about to pass.
The bills that are failing were not approved by the House or Senate by Thursday’s procedural deadline. Failing bills can be revived later, however, and measures can be rewritten to change their effect before the session adjourns in May.
GOVERNMENT
Passing
Election recounts
HB 428 HD1
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Would require an automatic recount of votes when the difference between two candidates is 100 votes or less or 0.5 percent.
ConAm on election recounts
HB 709 HD1
Would propose an amendment to the state Constitution allowing the Legislature to enact voter recount laws.
Office vacancies
HB 626
Would require a special election be held to fill vacancies in the U.S. Senate and state Legislature that occur when someone resigns or dies during their term. Currently, the governor chooses a replacement from a list of nominees submitted by the respective political party. Vacancies in the U.S. House of Representatives are already filled via special election.
Capitol security
HB 1488 HD1
Would require state Department of Accounting and General Services to increase security at the state Capitol, including vehicular barriers, security screening equipment and private screening staff.
Lobbyists
HB 1381 HD1
Would expand the period that former state legislators and executive branch employees are subject to lobbying restrictions from one to two years and ban behind-the-scenes lobbying activities.
Tax returns
HB 712 HD1
Would require candidates for president, vice president, governor, lieutenant governor and mayor to disclose their federal income tax returns in order to be listed on a general election ballot. Would prohibit electors from voting for candidates for president and vice president who have not disclosed their taxes.
Moonlighting
HB 361 HD1
Would prohibit the governor and mayors from maintaining outside employment or earning outside compensation while in office beginning two months after their election or appointment to office.
Failing
Public records exemption
Would allow government officials to cite a deliberative process privilege in withholding the release of public records. The measure was introduced in response to a Hawaii Supreme Court decision that found this exemption did not exist in state law, contrary to rulings by Hawaii’s Office of Information Practices.
Public records complaints
Would require the Office of Information Practices to resolve public complaints regarding access to public records or open meetings within six months.
Sunshine Law
Would make the Legislature subject to certain provisions of Hawaii’s Sunshine Law and deem correspondence received by the Legislature and its committees subject to disclosure under Hawaii’s public records law.
Voting age
Would propose an amendment to the Hawaii Constitution lowering the voting age to 16.
Staggered work hours
Would allow public employees the option of working staggered work hours to help reduce traffic and commute times.
TAXES
Passing
Education tax
SB 1474 SD2
Would increase the state general excise tax from 4 percent to 4.5 percent to provide funding for the Department of Education and the University of Hawaii.
Rental car tax
SB 162 SD2
Would increase the state tax surcharge on rental cars from $3 per day to $5 per day for Hawaii residents. Visitors without a Hawaii driver’s license already pay $5 per day.
County hotel tax
SB 198 SD2
Would authorize each of the counties to impose their own hotel room tax surcharges as soon as the counties establish registration and compliance systems that require transient vacation rentals to obey county land use ordinances. Currently the counties cannot levy hotel room taxes.
Online tax
SB 495 SD2
Would impose the state excise tax on transactions by online retailers who do $100,000 worth of business in Hawaii, or do 200 or more transactions with people in Hawaii per year.
REIT deduction
HB 475 HD1 & SB 301 SD1
Would eliminate the state tax deductions for dividends paid out by real estate investment trusts, effectively requiring the trusts to begin paying Hawaii corporate income taxes.
Resort fee tax
SB 714 SD2
Would impose the state hotel room tax on resort fees that are calculated separately from the advertised hotel room room rate. Also increases the hotel room tax on timeshare units.
Cigarette tax
SB 887 SD2
Would increases the tax on cigarettes by 5 cents per cigarette beginning July 1, 2020, which would boost the total state tax on each pack of cigarettes to $4.20.
Conveyance tax
SB 1362 SD1
Would increase the conveyance tax rate for sales of residential investment properties worth
$2 million or more.
Carbon tax
SB 1463 SD2
Would create a new carbon emissions tax on coal, oil and other fossil fuels. The new tax would replace the state gasoline tax as well as the barrel tax on oil shipped into the state. The original bill was designed to collect nearly $115 million a year to raise the same amount of money for the state as existing taxes on fossil fuels.
Estate tax
SB 1361 SD1
Would increase estate taxes for estates in Hawaii valued at more than $10 million for tax purposes.
Reduced penalties
SB 1516 SD1
Would reduce the penalties imposed on taxpayers for nonpayments and underpayments of state taxes that are due to “reasonable cause.”
Failing
Gas tax increase
Would increase the state gasoline tax, weight tax and vehicle registration fees to collect an extra $40 million a year for road maintenance and other highway projects. Proposed by Gov. David Ige’s administration.
Gas tax uses
Would require that the money from the state gas tax be spent in the county in which it is collected.
Landlord credit
Would offer landlords an income tax credit for renting to families that earn less than 80 percent of median income.
EDUCATION
Passing
Teacher housing
SB 12 SD1 & SB 114 SD1
Would provide housing subsidy vouchers to teachers employed by the Department of Education who teach in hard-to-fill schools. The housing vouchers could be used to cover rent or mortgage payments.
UH Promise Program
HB 813 HD1 & SB 316 SD2
Would expand the University of Hawaii Promise Program, which provides scholarships to cover unmet direct costs for students at UH community colleges, to its four-year institutions.
Public school jurisdiction
SB 171 SD2
Would establish a task force to create a process for transferring jurisdiction over Hawaii’s public schools from the state to the counties.
Youth suicide
SB 383 SD2
Would require the Board of Education to establish a mandatory youth suicide awareness and prevention program to identify at-risk students and prevention procedures.
Student health
HB 250 HD2
Would increase funding for the Hawaii Keiki: Healthy and Ready to Learn program, which provides health services to K-12 students in public schools.
After-school programs
SB 1515 SD1
Would establish the Three to Six Out-of-School program to provide care and continued learning for K-12 students in public schools after the end of the school day.
Workforce readiness
SB 371 SD2
Would establish a workforce readiness program within the public school system to help students receive industry-based skills and certifications required for employment after high-school graduation.
Staggered school times
HB 318 HD1
Would require the Department of Education to organize a task force to study the implications of staggering school times.
UH Board of Regents
SB 919 SD2
Would reduce University of Hawaii Board of Regents members from 15 to 9 and shorten terms from 5 to 4 years.
Failing
Board of Education
Would return the Board of Education to an elected board rather than having members be appointed by the governor.
Smoking at school
Would fine minors $100 for smoking on public school property or at public school functions.
Standardized testing
Would limit standardized tests at public schools to those required by state and federal law and provide an option to opt out of others.
UH graduate students collective bargaining
Would allow graduate student assistants employed by the University of Hawaii to collectively bargain.
Board of Education community forums
Would require the Board of Education to hold at least six community forums annually, in which public comments would be allowed on nonagenda items.
CONSUMER PROTECTION/LABOR
Passing
Minimum wage
HB 1191 HD1
& SB 789 SD2
HB 1191 would increase the current state minimum wage of $10.10 per hour in steps to $15 in 2024. House bill would set lower minimum wages for employees who receive employer-paid health benefits. Senate bill would increase the minimum to $15 per hour by 2023, and offer an income tax credit to small businesses to offset the impact.
County wages
HB 96 HD1
Would authorize each county to establish a minimum wage that is higher than the state minimum wage.
Family leave
HB 1343 HD1
Would extend the Hawaii family leave law to include care for grandchildren. The law requires employers with 100 or more employees to provide up to four weeks of paid or unpaid leave each year.
Housing discrimination
SB 122 SD2
Would prohibit discrimination in advertisements for rentals based on participation in a housing assistance program such as Section 8.
Evictions
HB 931 HD2
Would prohibit landlords from recovering possession of a dwelling unit from tenants if the habitability of the premises is significantly impaired.
Uber/Lyft
HB 1093 HD2
Would create state rules for transportation network companies operating in Hawaii, and would no longer allow the counties to regulate the companies. Would impose statewide insurance requirements.
Sexual harassment
HB 488 HD2
Would prohibit written nondisclosure agreements involving sexual assault and sexual harassment, and prohibits employers from retaliating against an employee for disclosing or discussing sexual harassment or sexual assault.
Check cashing
HB 332 HD1
Would require check cashing companies to register with the state and offer voluntary payment plans to indebted customers to allow for payments of no more than 5 percent of the customer’s gross monthly pay.
Vacation rentals
HB 419 HD2
Would provide an unspecified amount of money to the counties to fund enforcement of laws and ordinances dealing with vacation rentals. The original bill proposed that the counties be provided with $1 million for that work.
Rental taxes
SB1292 SD2
Would authorize transient vacation rental companies such as Airbnb to act as tax collection agents for the state, and would require the companies to report the address and other information about each transient rental unit to state and county officials upon request.
Failing
Sports betting
Would legalize sports betting in Hawaii.
Pay for porn
Would require internet content providers to include digital blocking capability rendering pornographic material inaccessible, but would allow consumers to access the material for a fee.
Edible cannabis
Would require the Department of Health to develop standards for the manufacture and sale of edible medical cannabis products.
Pickup passengers
Would prohibit passengers from riding in the beds of pickup trucks.
PUBLIC SAFETY
Passing
Red light cameras
SB 663 SD2
Would authorize the counties to begin using traffic cameras to identify and fine motorists who run red lights.
Marijuana crimes
HB 1383 HD2
Would decriminalize possession of three grams of marijuana or less, and set up a schedule of fines for people caught with small qualities of cannabis.
Jail purchase
HB 1177 HD1
Would provide money for the state to buy the Federal Detention Center near the Honolulu airport to replace Oahu Community Correctional Center. The federal facility cost $170 million to build.
Manslaughter
HB 951 HD1
Would allow people to be charged with manslaughter when they knowingly distribute a dangerous drug in any amount and another person dies as a result of ingesting that drug.
Bail reform
SB 192 SD1
Would authorize defendants in custody to petition a court for unsecured bail.
Lost firearms
HB 720 HD 1 & SB 621 SD 1
Would require gun owners to report lost, stolen, or destroyed firearms within 24 hours.
‘Red flag’ law
SB 1466 SD2
Would allow law enforcement or family members to obtain a court order preventing people from accessing firearms or ammunition if they pose a danger of causing injury to themselves or others.
Asset forfeiture
HB 748 HD2
Would prohibit civil asset forfeiture except in cases where the property owner has been convicted of a felony.
Sex offenders
HB 508 HD1
Would require adults arrested for felony sexual offenses to provide DNA samples, and would establish a system for expungement from the DNA database when people are acquitted.
Prison oversight
HB 1552 HD2
Would establish a correctional system oversight commission with access to all information in the correctional system, and with authority to investigate complaints and oversee the transition from a punitive model to a rehabilitative approach.
Sanctuary state
SB 557 SD1
Would prohibit state and county law enforcement agencies from complying with federal immigration detainers or honoring requests for nonpublic information absent a warrant signed by a judge.
Felony citations
SB 1422
Would allow police to issue citations instead of making arrests for nonviolent class C felonies, misdemeanors, petty misdemeanors and violations.
Failing
Legalize marijuana
Would repeal all criminal penalties in connection with marijuana except for the prohibition on furnishing marijuana to a minor.
Child support
Would create a new felony crime called persistent nonsupport in the first degree. Would apply to people with a legal obligation to provide support who fail to support a child or spouse for five years or longer, or are $30,000 or more in arrears.
Speedy trial
Would create a legal right of victims of sexual assault and witnesses of sexual offenses to a speedy trial in criminal cases involving adult defendants.
HEALTH/SOCIAL SERVICES
Passing
E-cigarettes
SB 1009 SD2
Would ban the sale of flavored tobacco products.
Sugary drinks
SB 549 SD1
Would require restaurants that sell children’s meals that include a beverage to make the default beverage a healthy drink, such as water, low-fat milk, or 100 percent fruit or vegetable juice.
Genderless IDs
HB 1165 HD2 & SB429
The House Bill would allow residents the option of having an “X” for their gender on a driver’s license and state identification card. The Senate version would allow residents to use the category “nonbinary.”
Retirement savings
SB 1374 SD2
Would create a retirement savings program for private-sector employees who don’t otherwise have access to a savings plan provided by their employer.
Tax relief
HB 1190 HD1
Would eliminate the Hawaii income tax for the state’s poorest residents. Currently Hawaii taxes residents with annual taxable earnings of $4,800 or less 1.4 percent of their incomes.
Food tax credit
SB 579 SD1
Would increase the refundable food excise tax credit to an unspecified amount. That credit, which is designed to offset the impact of the state excise tax on food, is now worth up to $110 for the poorest Hawaii families.
Mosquitoes
HB 1546 HD1
Would require the University of Hawaii to develop a plan for the statewide eradication of mosquitoes and appropriates funds.
Dental insurance
SB 467 SD1
Would restore adult dental health benefits to Medicaid beneficiaries.
Mental health
SB 1124 SD2
Would make it easier to obtain a court order to force mental health treatment on the severely mentally ill.
Failing
Pot to treat opioids
Would allow marijuana to be prescribed for the treatment of opioid addiction and other substance abuse disorders.
Pot to treat anxiety
Would add anxiety disorders to the growing list of medical conditions for which marijuana can be prescribed.
Cigarette ban
Would ban the sale of cigarettes in Hawaii by progressively raising the minimum age to purchase them to 100 years old in 2024.
Anti-vax
Would allow parents and guardians to cite conscientious beliefs as the basis for gaining an exemption for their child from vaccination and immunization requirements. Currently state law allows objections based on medical and religious reasons. The measure would also allow licensed naturopathic physicians to certify an exemption from immunization requirements.
Fluoridated water
Would require public water to be fluoridated, which improves dental health.
Feral birds
Would prohibit excessive feeding of feral birds, including leaving food out in public to feed more than 25 birds in a 20-foot radius.
Pesticides
Would prohibit the use of glyphosate, an herbicide, within 100 feet of a school during school hours.
ENVIRONMENT
Passing
Sea level rise
HB 549 HD1
Would prohibit development in areas projected to be significantly affected by sea level rise.
Coastal properties
SB 1126 SD2
Would require all sales or transfers of vulnerable coastal properties to include a sea level rise hazard exposure statement.
Water permits
HB 1326 HD2
Would extend the deadline for converting public water permits into long-term leases by seven years.
Ala Wai Canal
SB 77 SD3
Would provide local matching funds for an Army Corps of Engineers flood control plan for the Ala Wai Canal to satisfy a federal requirement that Hawaii fund 35 percent of the $345 million project costs.
Polystyrene ban
SB 11 SD1
Would prohibit restaurants statewide from serving prepared food using polystyrene foam containers.
Single-use straw ban
HB 762 HD2
Would prohibit full-service restaurants from providing single-use straws to customers unless requested by the consumer.
Rapid ohia death
HB 1548 HD1
Would provide an unspecified amount of funding to combat rapid ohia death. The original bill proposed to spend more than $2 million.
Solid waste disposal
SB 1242 & HB 1016
Would adopt a new goal of reducing the state’s total solid waste prior to disposal by 70 percent by 2030.
Electric vehicle charging system rebate
HB 1585 HD1
Would require the Department of Business, Economic Development and Tourism to provide rebates to those who install new electric vehicle charging systems or upgrade existing ones.
Failing
Coal-burning
Would prohibit the approval of any agreement that allows the use of coal for electricity production.
Managed retreat
Would require the Hawaii Climate Change Mitigation and Adaptation Commission to decide which areas should implement armoring or managed retreat in response to sea-level rise.
Natural gas
Would require gas utility companies to establish renewable energy portfolio standards for gas and provide means to achieve them.
Plastic bottles
Would prohibit state agencies from buying beverages in plastic bottles or rigid plastic containers, except under certain circumstances.
Marine debris
Would make counties responsible for removing and disposing of marine debris.
Community food forests
Would use land for community food forests to grow and harvest food for residents.
Conservation tax
Would increase the portion of the state conveyance tax deposited into the land conservation fund to be used to buy lands with exceptional, unique, threatened or endangered resources. Introduced by Gov. David Ige’s administration.
HOUSING AND HOMELESSNESS
Passing
Local housing
SB 1 SD2
Would create the ALOHA Homes Program to develop low-cost homes for sale to Hawaii residents on state-owned and county-owned lands along the Honolulu rail line.
Low-income renter’s credit
SB 885 SD1
Would boost the renter’s credit that low-income residents can claim on their taxes, increasing the amount of the credit per qualified exemption from $50 to $150. The credit has not been increased since 1981.
Land for ohana zones
HB 257 HD2
Would allow the ohana zones program, which was created to provide temporary housing and services to the homeless, to utilize private land. Extends the pilot program from one year to 2022.
Ohana zones expansion
SB 1131 SD2
Would expand the ohana zones program, a pilot program to provide temporary housing and services to the homeless, from at least three to at least six sites on Oahu, while also expanding sites on the neighbor islands if the program has the capacity. The measure would also require the Ige administration to evaluate low-cost modular housing options for permanent housing and off-the-grid infrastructure that could provide drinking water, electricity and sewage disposal.
Mobile clinics for homeless
SB 526 SD2
Would provide funding for two mobile health clinics to serve homeless people, one of which would be operated on Hawaii island.
Failing
State coordinator on homelessness
Would require the state coordinator on homelessness to report directly to the lieutenant governor. The current coordinator was appointed by and reports to the governor.
Right to housing
Would have residents vote on whether to amend the Hawaii Constitution to require the state to ensure each resident has access to housing.
Returning home
Would establish a program to help homeless people reunite with family members in their home states.
Beach hotline numbers
Would require signs be posted in parks and beaches from Kalaeloa to Makaha with phone numbers for agencies that assist homeless people.
Renting to homeless people
Would provide various financial incentives to private property owners who rent to homeless people.
Nimitz transitional housing
Would establish a transitional homeless shelter comprising of micro units below the Nimitiz Viaduct or other areas on Oahu that might be suitable.
Nonprofit housing
Would establish a three-year pilot program that would allow nonprofit organizations to provide housing to homeless people, including temporary encampments on property owned by the organization.
Compiled by Sophie Cocke and Kevin Dayton