Bills passing, or failing, in the Legislature
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GOVERNMENT
PASSING
Automatic recounts
(HB 2843, SB 3086 SD2)
Requires automatic recounts in statewide elections where the margin between winner and loser is one-eighth of 1 percent or less; or in other elections where the margin is one-quarter of 1 percent or less. Also, changes the primary election date from the last Saturday in September to the second Saturday in August. The Senate bill would also change campaign contribution limits to unspecified amounts.
Recall lawmakers
(HB 2606 HD1)
Would allow recall and removal of state lawmakers. To trigger a recall election, voters would have to gather petition signatures from 25 percent of the voters in the lawmakers' district.
Pension payoff
(SB 2718 SD2, HB 2460 HD2)
Would extend the deadline for the state and counties to pay off the unfunded liability of the public workers' pension fund. Currently the state and counties must make payments so the pension fund will be fully funded by 2016, but this bill extends that deadline to 2029. That would allow the state and counties to contribute less each year to cover future pension benefits.
Forfeited benefits
(HB 2842)
Would forfeit service time toward pension and retirement health benefits for elected officials who are ousted for felony convictions, provided the crime was committed within the course of the officials' duties.
Mandatory ethics training
(HB 1717 HD2)
Provides for mandatory ethics training for legislators, elected members of the Board of Education, department heads and deputies, and trustees of the Office of Hawaiian Affairs.
Impeachment
(HB 2824 HD1)
Allows impeachment of the governor, lieutenant governor and appointed officials by a majority vote of the state House of Representatives. Reasons for impeachment could be treason, bribery, or other high crimes and misdemeanors; misfeasance, malfeasance, nonfeasance; or moral turpitude. The state Senate would conduct a trial in cases of impeachment.
Family conflicts
(HB 1092 HD1)
Would prohibit employees from taking official action directly affecting a brother, sister, parent, emancipated child, or household member.
Job cuts
(HB 2821 HD1)
Would abolish the positions of first deputy and first assistant in all state departments with the exception of the Department of Education and the University of Hawai'i.
Resign upon conviction
(HB 2841 HD1)
Forces elected officials to leave office once they are found guilty of a crime, instead of when they are sentenced.
FAILING
Harbor privatization
Would authorize the Board of Land and Natural Resources to solicit proposals from private marina development and management firms to manage, operate, and improve boating facilities.
Line item veto
Would put a question on the ballot asking the voters whether to abolish the governor's line-item veto authority. Currently the governor can strike any portion of the budget without vetoing the entire measure.
Essential workers
Would establish a process to to allow the state to declare some public workers "essential" and therefore ineligible to strike, including workers in areas such as police dispatching, wastewater treatment, prisons and water system operations and maintenance.
Parole staff
Would make two of the three members of the Hawai'i Paroling Authority full-time workers. The Senate approved SB 2819 SD2 to do this, but the House rejected a similar bill.
Session extensions
Would prohibit extensions of the regular 60-day sessions of the state Legislature.
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CRIME
PASSING
Terrorism offenses
(SB 2697 SD1)
Creates the new offense under state law of terrorism, which would be punishable by a sentence of up to 20 years in prison. Other new crimes would include hindering apprehension or prosecution for terrorism; unlawful production or possession of a chemical, biological, or nuclear weapon; and making a false public alarm.
Sex offenders
(HB 2440 HD1; SB 2698 SD2)
Would revive the sex offender registration program by establishing a process whereby sex offenders can argue before a judge that they should not be forced to register. The registry was withdrawn from public view after the state Supreme Court ruled that without such a process, the sex offender registry is illegal.
Desecration
(HB 2387 HD1)
Would increase the maximum fine for desecration of a grave from $2,000 to $5,000. Would leave the potential prison sentence unchanged at a maximum of one year.
Car racing
(SB 2337 SD2)
Would stiffen penalties for those repeatedly convicted of racing, including forfeiture of vehicles for a third offense.
Domestic violence
(SB 2528 SD1)
Would allow judges to impose extended prison terms in cases where victims of domestic violence suffer serious bodily injury or substantial bodily injury.
No bail
(SB 2527 SD1)
Allows courts to refuse to release suspects in domestic violence cases on bail while the suspects are appealing a conviction.
Offender testing
(HB 1901 HD2)
Allows the court to order AIDS testing for people charged with sexual assault, child molesting and incest, and would mandate testing for people convicted of those crimes. Current law allows the courts to order testing of those who are convicted.
Stalking
(SB 2529 SD1)
Would allow courts to impose up to five years probation for a person convicted of stalking and require the suspect to undergo counseling at the suspect's expense.
Drunken driving
(SB 2837, HB 2301 HD2)
Would change the administrative revocation process for people accused of drunken driving to prohibit a person who refuses to take a test for intoxication from receiving a conditional driving permit while that person's case is processed.
FAILING
Drug treatment
Proposes a constitutional amendment requiring that first-time, non-violent drug offenders be sentenced to treatment instead of prison. The measure was approved by a majority in the Senate, but didn't win the two-thirds vote it needs to place the proposed constitutional amendment on the ballot.
Victims' rights
Would require the state Director of Health to notify victims of the status of people who have been acquitted of crimes by reason of insanity. The department would have to notify families if the patient escapes or applies for discharge.
Purse snatching
Would reclassify theft of a purse as first-degree robbery, which is punishable up to 20 years in prison.
Animal cruelty
Would increase the penalty for cruelty to animals from up to one year in jail to up to five years in jail.
Debtors' prison
Proposed a constitutional amendment to allow people to be imprisoned for failing to pay civil settlements above a certain amount. The actual amount was not defined in the bill.
Library employees
Would have made sex offenders ineligible for employment for any position within the Hawaii State Public Library System.
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HEALTH
PASSING
Long-term care
(SB 2416 SD2, HB 2638 HD2)
House version would collect a monthly $10 tax from all employees and self-employed people starting in 2004 to fund a program that would provide participants long-term care benefit payments. Payments for the program would increase by 5 percent a year until 2009. Starting in 2008 the program would provide up to $70 per day for long-term care for up to a year. Senate version would start benefits in 2005.
Prescription drugs
(SB 2520 SD1;HB 2834)
Senate bill creates a pharmaceutical discount program for all state residents under which the state obtains manufacturers' rebates on drugs offered at discount prices. The House bill would create a purchasing pool made up of more than 200,000 Hawai'i residents without drug coverage, and would authorize the pool to negotiate with drug companies for discounts.
Emergency contraception
(HB 2806 HD2)
Would allow registered pharmacists to dispense emergency contraceptives, also called the "morning after pill," without a prescription.
Developmental disabilities
(SB 3020 SD2)
Would appropriate money for programs and services for low-income people with developmental disabilities who do not qualify for Medicaid.
Adult residential care homes
(HB 1749 HD2)
Would require the Department of Health to tell adult residential care home operators if prospective clients have a violent criminal history, including acquittals by reason of insanity for violent crimes.
Disease control
(SB 2779 SD1)
Would require individuals and companies to provide information needed to locate people suspected of having been exposed to a dangerous disease. Would also establish protections for the rights of individuals quarantined to prevent transmission of a dangerous infectious disease, and grants the Health Department authority to seize contaminated articles.
Child car seats
(SB 2321)
Would require children under eight years old or weighing less than 80 pounds to sit in a car child safety seat.
FAILING
Right to die
Would allow a terminally ill, competent adult to obtain a prescription for medication to end his or her life through a self-administered oral lethal dose. The House passed HB 2491 HD1 and HB 2487 HD1 to allow this, but key members of the Senate said they would not move the measure.
Insurance council
Would have banned a representative from the insurance industry from participating in the prepaid healthcare advisory council, which was designed to ensure that employers in the state are meeting the minimum insurance requirements for their employees.
Fluoridation
Proposes a number of steps to improve oral health, including water fluoridation.
Rural healthcare
Would allow the Hawai'i Health Systems Corp. to reduce or eliminate services at rural healthcare facilities provided those service are available elsewhere in the same community. Currently the state-run hospitals need the permission of the Legislature to eliminate services.
Smoking ban
Would have prohibited smoking in the state Capitol building.
Restaurant smoking
Would have prohibited smoking in restaurants and workplaces except for bars, hotel rooms, and nightclubs.
Health insurance
Would have required health insurers to offer coverage for the parents of adults who purchase policies under their employers.
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ENVIRONMENT
PASSING
Coral reef protection
(HB 2831 HD3)
Would establish a network of statewide marine refuges or "pu'uhonua" under the management of the Department of Land and Natural Resources and establish a pu'uhonua committee to assist in the development and management of the network.
Litter
(SB 2567)
Would raise criminal littering from a petty misdemeanor to a class C felony when the litter weighs at least 50 pounds. Class C felonies are punishable by up to five years in prison and a fine of up to $10,000; petty misdemeanor penalties are up to 30 days in jail and a fine of up to $1,000.
Hydroelectric tax credit
(HB 2237 HD1)
Would provide for a tax credit of 20 percent of the total cost of a hydroelectric system erected and placed in service after Dec. 31, 2002 and before Jan. 1, 2011.
Environmental workforce
(SB 2900)
Would appropriate an unspecified amount of money to continue the emergency environmental workforce program, which provided short-term employment for people who lost their jobs following the Sept. 11 terrorist attacks.
Cave protection
(SB 2898 SD2)
Would make damaging or disturbing a cave a petty misdemeanor punishable by at least a $250 fine for a first offense $500 for a second offense. Would also allow the Board of Land and Natural Resources to impose fines of up to $10,000 for each violation and up to $30,000 for repeat offenses.
Aquatic resources
(SB 2795 SD1)
Would expand the Department of Land and Natural Resources' authority to possess or use chemicals and electrofishing devices that would normally be unlawful when no other reasonable alternative is appropriate.
Renewable energy
(SB 2243 SD2)
Would establish "green power" marketing programs for electricity generated from alternative sources.
Environmental promotion
(SB 3063 SD2)
Would authorize the Department of Land and Natural Resources to develop or contract with private entities to produce environmentally-themed products — such as collectible stamps, credit cards, and coins — to be commercially sold to the public to increase revenues in the natural area reserve fund.
State parks jurisdiction
(SB 2247 SD2)
Creates an advisory task force to develop an action plan for the transfer of jurisdiction over state parks from the Department of Land and Natural Resources to the counties.
FAILING
Glass recycling
Would have raised the glass advance disposal fee to pay for glass recycling efforts in each county from 1.5 cents to 2 cents.
Energy leases
Would have allowed the Board of Land and Natural Resources to lease public lands to renewable energy producers through direct negotiation. Senate Bill 2802 passed the Senate, but the House's measure stalled.
Pollution tax
Would impose a 25-cent-per-ton fee for carbon dioxide emissions on polluters, with the money collected to be used to plant trees to combat global warming.
Environmental impact statements
Would have required an environmental assessment for actions that propose any wastewater facility, waste-to-energy facility, landfill, oil refinery, or power-generating facility and for any development requiring a special management area use permit.
Government vehicles
Would have required all new cars purchased by the state to meet certain fuel efficiency standards, with preference to vehicles using nonpetroleum-based fuels or a combination of petroleum and nonpetroleum-based fuels.
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EDUCATION/SOCIAL SERVICES
PASSING
Abolish BOE
(SB 2102 SD1; HB 2033 HD3)
Proposes constitutional amendments to abolish the BOE. The House bill would require the governor to appoint the superintendent.
School reorganization
(SB 3018 SD1; HB 2037 HD2)
Senate Bill 3018 would replace the current statewide Board of Education with seven regional, elected boards of education, with one member of each regional board to serve on a statewide board. House bill would create 15 new boards with members elected from the communities they serve.
Private schools
(HB 2848 HD1, HB2166 HD1)
Proposes a constitutional amendment to allow the state to provide low-cost financing for private schools, colleges and universities including sectarian schools to help them pay for construction projects.
Kindergarten age
(SB 2032 SD3)
Would raise the required age for kindergarten. Would require children to be 5 years old before Oct. 1 for school year 2005-06, and would require children to be 5 years old before Jan. 1 in the following years.
Limited teacher liability
(SB 2084 SD2)
Would limit the liability of educational officers, teachers, and classified personnel against any claims related to the Felix consent decree and to services for children with a disability.
Sibling visitation
(HB 1864 HD1)
Affirms sibling visitation rights and establishes procedures for visitation.
Housing for needy
(HB 2072 HD2)
Would appropriate $1 million to give the needy housing assistance.
FAILING
Board of Education
Would have provided for a constitutional amendment making the Department of Education a political subdivision headed by the Board of Education and allow the board to collect taxes.
License suspensions
Requires licensing authorities to suspend licenses of health care professionals who default on some types of state- or federally-guaranteed student loans.
Manoa expansion
Would authorize the state to condemn land around the University of Hawai'i at Manoa campus to expand the campus.
Study of hunger
Would establish a food security commission to target hunger issues in Hawai'i.
Truancy crackdown
Would have required that when a public student has more than seven unexcused absences in a month or 10 in a school year, a petition be filed to involve family court.
Hawaiian health
Would appropriate $500,000 to create a department of Native Hawaiian health within the University of Hawai'i's Burns School of Medicine.
Student housing
Would have authorized $15 million in revenue bonds for University of Hawai'i student housing and other facilities at the University Avenue site of Atherton YMCA.
Moment of silence
Would have required schools to allow students a moment of silence each day.
School pledge
Would have required schools to set a time for students to recite the Pledge of Allegiance each day.
Library books
Would have established a check-off block on state income tax returns to allow taxpayers to contribute to the Hawai'i State Public Library System to help it buy new books and materials.
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TAXES
PASSING
Cigarette tax
(HB 2741, HD2)
Would increase the cigarette tax from $1 per pack to $1.20 to raise an extra $8.5 million to $10 million a year for the state. The Senate refused to consider similar proposals.
Liquor tax
(SB 2832 SD1)
Would increase liquor taxes by about 50 percent to raise an extra $20 million a year. A similar proposal was rejected by the state House.
Tax amnesty
(HB 2381 HD1)
Would create a one-time tax amnesty period from July 1 to Feb. 28, 2003, allowing people who pay their back taxes to avoid interest, collection costs or penalties for late payment. As of Oct. 31 the state estimated it was owed $255 million in back taxes.
Building credit
(SB 2831 SD1)
Would extend the state's offer of a 4 percent tax credit to encourage home construction and remodeling. The current law offers the credit only until next June 30. The Senate bill doesn't say when the credit would expire, but the House supports extending the credit to the end of 2005.
Ko Olina tax break
(SB 2907 SD2)
Would provide for 100 percent tax credits for private developers who agree to invest in visitor attractions and educational facilities at the 642-acre Ko Olina Resort & Marina, including a proposed aquarium and marine science education center. The tax credit would apply to investments of up to $100 million. The Senate approved the tax break, but a similar bill failed in the House.
Travel charge
(SB 2306 SD2)
Would impose a new passenger fee of up to $4.50 for each overseas or international traveler who uses a state airport to help pay for airport operations and security. The fee would not apply to interisland travelers.
Utility increases
(HB 1777 HD1)
Would relax contested case hearing requirements for utility rate increases, requiring contested case proceedings only for proposed increases in monthly charges for basic service. Currently contested cases are required for all rate increases except for certain "automatic adjustments" approved in advance by the Public Utilities Commission.
Film tax credit
(HB 2803 HD2)
Provides an unspecified tax credit for companies that come to Hawai'i for television, movie or commercial production. Earlier versions of the bill proposed a credit worth 22 percent of the film companies' payrolls, which tax officials estimated would cost the state about $1.2 million a year.
FAILING
Tax cut
Would have reduced the state capital gains tax for the years 2002 to 2005.
Tax holiday
Would establish an excise tax holiday for purchases of less than $100 provided businesses pass the savings along to consumers.
Gas tax
Would have raised the gas tax for the Big Island to help pay for road maintenance and improvements there.
Untaxed music
Would exempt local musicians from state income taxes on amounts earned from live performances.
Rental car surcharge
Would authorize the counties to assess a surcharge of up to $5 per day on car rentals.
Car seat credit
Would have provided a $25 tax credit for family members who purchase a child booster seat, and would have required car seats or booster seats for all children under eight years old. The House shelved the bill, although the Senate approved SB 2137 SD1 to increase the tax credit for car seats and offer additional credits for boosters.
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CONSUMER PROTECTION
PASSING
Photo enforcement
(HB 2167 HD1)
Would terminate the state contract for traffic photo enforcement to allow time to modify the program. Changes would include prohibiting insurance companies from increasing premiums because of speeding tickets; requiring the contractor that runs the program be paid a flat rate instead of a payment for each citation; and clarifying lawmakers want photo citations to include a picture of the driver. County police departments would also be allowed to operate the cameras.
Health insurance
(SB 2302 SD2; HB 1761 HD1)
Prohibits health insurance rates that are excessive, inadequate or unfairly discriminatory. Requires health care insurers to submit rate filings for approval by the insurance commissioner, and to disclose the methods they use to set those rates.
Lease negotiations
(HB 2245 HD1)
Would require landlords during lease renegotiations to grant tenants a one-time adjustment of rent for leases negotiated after 1990. The adjustment would result in a rent based on fair market value even if that is lower than existing rent, and even if the lease bars the lowering of rent during renegotiation.
Safety checks
(SB 2422 SD2)
Would exempt vehicles less than two years old from safety inspections.
Alcohol warning
(HB 1900 HD1)
Requires premises licensed to sell liquor to post warnings that drinking while pregnant may cause birth defects.
Genetic testing
(SB 2180 SD2)
Would prohibit discrimination by employers based on a person's genetic information, and would prohibit health insurers from denying or limiting health coverage based on genetic testing.
FAILING
Camera repeal
Would repeal the Department of Transportation's photo enforcement program, which is designed to catch speeders and people who run red lights. The Senate has approved a repeal measure, SB 2077 SD1, but the House has rejected the idea.
Curb gas prices
Would authorize the state Department of Business, Economic Development & Tourism to set maximum wholesale gasoline prices based on average world crude oil prices. Manufacturers who sell at higher prices could be fined $500,000 or more. The House approved those proposals as part of HB 2198 HD2, but the Senate has been unwilling to consider such a bill.
Regulate oil companies
Would authorize the state Public Utilities Commission to regulate oil companies, including controlling the prices they charge for fuel. The House approved those proposals as part of HB 1770 HD2, but the Senate has been unwilling to consider such a bill.
Booster seats
Would have required that children be restrained in a child car seat or booster seat until they are at least six years old. Currently children must be in child car seats until they are four.
Phones and driving
Would ban the use of hand-held cellular telephones while driving.
Telemarketing
Would allow consumers to put their names and numbers on a state "no sales solicitation" list, and telemarketers would be prohibited from calling those numbers. Consumers would have to pay a fee of $5 a year to remain on the list.
Cell phone oversight
Would have exempted companies with exclusive wireless telecommunications licenses from the Federal Communications Commission from additional oversight by the state Public Utilities Commission.
Non-profit oversight
Would give the state attorney general authority over non-profit corporations, and require non-profits to file copies of their federal tax returns with the attorney general.
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MISCELLANEOUS
PASSING
Campaign contributions
(HB 2844 HD1, SB 2431 SD2)
The House bill would prohibit corporations and labor unions from making campaign donations, and forbid any person with a government contract to make campaign contributions to any candidate or party for certain periods. Would also prohibit anyone from making donations worth more than $25,000 total to candidates in any two-year period. The Senate bill includes most of the same provisions.
Employee layoffs
(HB 1966 HD1, SB 2118 SD1)
House bill would require buyers of companies to retain at least 50 percent of the non-supervisory employees at the time of the purchase. The Senate bill would require that all employees be retained, and that any laid-off employees be given preference if the company later hires workers.
Burial fees
(SB 2761 SD2; HB 2503 HD1)
Would impose a $20 fee for burial permits, and would increase the fee for disinterment permits from $5 to $20.
Marriage fee
(SB 2760 SD2)
Would increase marriage license fees from $50 to $60. The House rejected a bill that proposed a larger increase.
Washington Place
(HB 1093)
Would prohibit campaign activities including fund-raising at Washington Place, the official governor's residence.
Condemnation
(SB 2748 SD1)
Would allow the counties to condemn land only for public purposes, and not for private use.
Special funds
(HB 2827 HD1, SB 2716 SD1)
Would "raid" pecial funds, draining off more than $100 million set aside for other purposes and depositing the money in the general treasury to help balance the budget. The Senate version would siphon off only about $20 million.
Sex offenders
(HB 1751 HD2)
Provides money to expand treatment services for paroled sex offenders. The bill initially proposed spending about $340,000, but the amount of the appropriation is now blank while lawmakers determine how much money, if any, is available.
Ferry bonds
(SB 3049 SD2)
Would authorize bonds to finance a ferry system to operate between Iroquois Point and Aloha Tower, and between Hilton Hawaiian Village and Ford Island. The amount of the bonds is not specified.
FAILING
Gambling
Would have authorized development of a casino gaming resort in Kapolei. A second bill would authorize limited casino gaming in Kapolei and Waikiki.
Traffic lawsuits
Would limit the liability of the state, counties and utility companies in traffic accident lawsuits, specifying that government and the utilities have no duty to make highways safe for people who are drunk, on drugs or speeding.
Tourism funding
Would cap the amount the Hawai'i Tourism Authority receives from the hotel room tax at $61 million a year, transferring collections above that to the general treasury.
Corrections records
Would have restricted inmates' access to public records to the disciplinary records of Department of Public Safety personnel.
Parole workers
Would have made the Hawai'i Paroling Authority members full-time state employees. Currently two of the three members are part-timers. The House rejected the proposal.
Lease extensions
Allows lessees of public lands to extend their leases to amortize the cost of major improvements to demised premises. The House approved HB 2549, but the Senate rejected a similar measure.
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