Bills that are alive, or failing, at the Capitol
Advertiser Staff
Here is the status of many of the major bills at the halfway point of the 60-day legislative session. The bills that are alive have passed at least one house in the Legislature. The bills that are failing were not approved by either house by last Thursday's deadline. But failing bills can be revived, measures can be rewritten and lawmakers can change their minds. Lobbying and public participation can change the direction of any of these bills.
GOVERNMENT
PASSING
State budget
(HB 1800 HD1)
Provides a supplemental budget for fiscal year 2005 which begins July 1.
Ethics training
(HB 680 HD2)
Requires ethics training for all legislators, elected members of the Board of Education, OHA trustees, executive department heads and deputies, the governor and lieutenant governor.
Appellate jurisdiction
(HB 2301 HD1)
Requires most court appeals to be filed with the Intermediate Court of Appeals rather than the Hawai'i Supreme Court.
Campaign Spending, Office of Elections
(SB 183 SD2)
Allows the Campaign Spending Commission and the Office of Elections to communicate directly with the Legislature and the governor, and to make personnel decisions and purchase equipment without the department head's approval.
Deputy directors, special assistants
(HB 2741 HD1)
Allows for legislative review and position justification requirements for deputy directors and special assistant positions not specifically authorized by statute.
Publicly financed elections
(SB 3104 SD2)
Establishes a publicly financed campaign program for state House candidates who agree to abide by campaign contribution and expenditure limits.
Campaign spending
(SB 3198 SD1)
Prohibits campaign donations in cash of more than $100 and prohibits government contractors from contributing to candidates and committees one year before the availability of the contract and two years after the completion of the contract.
Campaign spending
(SB 3030 SD2)
Bans corporate and union contributions to political campaigns but allows them to establish separate political fund committees. Prohibits government contractors from contributing to political campaigns of candidates running for a position that has the authority to approve such contracts.
Public agency meetings
(HB 2361 HD1)
Specifies that only groups expressly created by the State Constitution or a statute, charter, executive order, or ordinance, to function in a parliamentarian fashion, and which have delegated governmental authority over specific matters of public business constitute "boards" for purposes of the state Sunshine Law.
Campaign Spending, Office of Elections
(HB 267 HD2)
Moves the Campaign Spending Commission and the Office of Elections from the Department of Accounting and General Services to the Judiciary for administrative purposes.
FAILING
Campaign solicitations in state buildings
Extends an existing ban on campaign solicitations in state office buildings by state and county employees to all others.
Balanced budgets
Proposes a constitutional amendment requiring the Legislature to comply with the same standards for balanced budget applicable to the executive branch, and to use the latest Council on Revenues estimates to enact a balanced budget.
Campaign spending commission
Allows the Senate to fire the Campaign Spending Commission executive director without cause and to appoint members of the commission.
Supreme Court
Requires the Supreme Court to resolve civil cases within one year of taking them "under consideration." Also sets a time limit of six months for the Intermediate Court of Appeals.
BUSINESS/TAXES
PASSING
Hotel project tax credit
(HB 2809 HD2)
Provides a hotel project tax credit for qualified costs relating to the plan, design, construction and equipment needed to construct, alter, renovate or modify a hotel project. Sets a total available cap of $14 million annually for 10 years.
Capital investments
(HB 2396 HD2, SB 3024 SD2)
Tightens eligibility requirements for Act 221 high-technology tax credits and extends the program for five years through 2010. Establishes a business-research institute tax credit and creates the State Private Investment Fund to stimulate venture capital.
Ethanol facility tax credit
(HB 2961 HD2)
Changes the ethanol investment tax credit to a facility tax credit of up to 30 percent that provides an incentive based on actual production of the facility.
Entertainment industry tax credit
(HB 2611 HD2)
Expands the provisions of the motion picture and film production tax credit by increasing the credit amount by an unspecified percentage; and includes commercials and sound recordings.
Airport concessionaires relief
(HB 2291 HD2)
Authorizes the governor to grant rent relief to airport concessionaires whose gross receipts are still reduced by 15 percent or more when compared with pre-Sept. 11, 2001 gross receipts.
Hawai'i Tourism Authority
(SB 2711 SD2)
Authorizes the Hawai'i Tourism Authority to employ its own attorneys; appropriates $8 million to the HTA from the tourism special fund for FY 2004-2005.
Convention Center
(HB 2781 HD2, SB 2395 SD2)
Exempts booking records of the Hawai'i Convention Center from the freedom of information law until 10 days after the events have occurred, under certain circumstances.
Tax returns
(SB 2989 SD2)
Allows the Department of Taxation to impose civil penalties and injunctions on tax return preparers who support unrealistic positions on tax returns and on promoters of abusive tax shelters.
Brewpub licenses
(SB 2606 SD1)
Amends the brewpub licensing law to authorize brewpubs to sell beer for consumption off-premises.
FAILING
County retail sales tax
Authorizes counties to establish a retail sales tax of up to one percent on sales of tangible personal property. Changes the transient accommodations tax allocations to the counties if a county enacts a sales tax.
County general excise tax
Amends authority of the counties to enact a county general excise tax by removing the mandated percentage; adjusts downward the transient accommodations tax revenue allocation for counties that enact a county general excise tax.
Bed and breakfast establishments
Requires the city to allow the operation of, and register bed and breakfast establishments that would not otherwise qualify for operation under county regulation; dedicated tax revenue would be used to assist the homeless.
DCCA fees
Provides the Department of Commerce and Consumer Affairs with the flexibility to adjust its fees to maintain a reasonable relationship between the fees charged and the cost or value of services rendered.
Business registration fees
Reduces fees of the Business Registration Division by as much as 50 percent to improve the state's business climate and to maintain consistency between the department's respective fee schedules.
EDUCATION/SOCIAL SERVICES
PASSING
School omnibus bill
(HB 2002 HD2)
Implements a student weighted financing formula; establishes a national board certification incentive program; establishes a Hawai'i Principals Academy; makes other changes.
Board of Education
(HB 2184 HD2)
Proposes a constitutional amendment increasing the number of voting members on the Board of Education from 14 to 17.
BOE governance
(HB 33 HD2)
Proposes a constitutional amendment giving the Board of Education "exclusive jurisdiction" over the management and operation of the public school system.
Textbook fees
(SB 2054 SD1)
Authorizes schools to charge and collect annual fees for textbooks; low-income students would be exempt.
Charter school accountability
(HB 2911 HD2)
Requires accounting conducted by new century charter schools to be subject to audit and inspection by the DOE and state auditor.
Board of Regents appointments
(SB 3125 SD2)
Proposes a constitutional amendment that creates an advisory council that would make recommendations for University of Hawai'i Board of Regents appointments to the governor. Six council members would be appointed by the governor, three by the Senate president and three by the House speaker.
Caregiver tax credit
(SB 2573 SD2)
Provides a $500 tax credit for caregivers of "eligible care recipients."
Child safety seats
(SB 2018 SD1)
Requires children ages 4 to 7 and weighing less than 80 pounds to sit in a car safety seat or booster seat. Current law requires drivers to secure children younger than 4 in a child safety seat.
Care homes
(SB 2931 SD1)
Requires the state Department of Human Services to conduct criminal background and protective service history checks on care home employees and other workers who have direct contact with those receiving care services.
FAILING
Local school boards
Transfers responsibility for the state's public schools to seven or more independent school districts that are each governed by an elected local school board.
Student drug testing
Provides for random drug testing of public school students whose parents or legal guardians have consented; specifies procedural requirements.
Welfare drug testing
Allows the state to administer drug tests for those receiving public assistance and requires photos of recipients to appear on electronic benefits transfer cards that are issued.
Lowering BOE age limit
Proposes a constitutional amendment lowering the minimum age of Board of Education members to 16.
School nutrition
Establishes nutrition standards for food and beverages sold to students in public elementary, middle, intermediate, and high schools; establishes a school nutrition advisory council.
Children's Health Insurance Program
Increases eligibility for the State Children's Health Insurance Program to 300% of the federal poverty level. Appropriates money.
Non-school hour programs
Appropriates $12 million to non-school hour programs for children or youth enrolled in school.
Safety helmets
Mandates safety helmet use for motorcycle, motor scooter, and moped operators and bicycle riders under the age of 18 years.
CONSUMER PROTECTION
PASSING
Gasoline price cap
(SB 3193 SD2)
Amends current price cap law, which takes effect July 1, to tie the wholesale prices of all grades of gasoline and diesel fuel to the national price average.
Gift certificates
(HB 2143 HD2)
Includes gift cards in the law; extends the minimum life of gift certificates and gift cards to seven years; provides for cash redemption when the balance on the certificate or card is 10 percent or less of the initial value.
Workers' compensation scrutiny
(HB 2659 HD1)
Appropriates for two new positions in the Disability Compensation Division of the Department of Labor and Industrial Relations to review and process vocational rehabilitation plans submitted by service providers.
Workers' compensation fraud
(HB 1374 HD2)
Entitles parties who successfully investigate fraud to be entitled to a share of any fines levied and recoup costs incurred.
Workers' compensation disputes
(HB 2657 HD2)
Provides for the arbitration of all workers' compensation disputes under a policy negotiated between an employer and union.
Workers' compensation, excluded employees
(HB 1919 HD1)
Requires that civil service employees excluded from collective bargaining receive adjustments to compensation and benefit packages at least equivalent to those under collective bargaining.
Deposit beverage container program
(HB 2968 HD2)
Delays the implementation date of the program to July 1, 2005; provides the fee shall not apply to containers exported for sale; makes other changes designed to make the bill more effective.
Exceptional trees tax deduction
(HB 1848 HD1)
Establishes a $3,000 tax deduction for maintaining an "exceptional tree" that is designated by a city or county and is on a taxpayer's property.
Graduated drivers licenses
(HB 2290 HD1, SB 2023 SD2)
Establishes a three-stage graduated driver licensing system for persons under 18 with a second stage "provisional license" that restricts driving without an adult during late evening and early morning.
Identity theft
(HB 2674 HD1)
Exempts disclosure of personal information from government records that are public information; restricts merchant cards from requesting personal information except for credit purposes.
FAILING
Binding arbitration cap
Places a ceiling on the amount HGEA units could receive through binding arbitration at 1.5 percent annually.
Sheriffs/dispatchers union
Allows state deputy sheriffs, police dispatchers and state conservation and resources enforcement officers, all members of HGEA's predominantly white-collar Unit 3, to create a new, stand-alone "law enforcement" bargaining unit.
Minimum wage adjustment
Ties the state's hourly minimum wage to increases in the federal cost of living allowance.
Workers' compensation law
Requires that an employee, for the first 120 days after a work-related injury, see a physician or physicians' group on a list approved by the employer.
Gas price cap delay
Delays implementation of the gasoline price cap law, scheduled to begin July 1, for one year.
CRIME
Passing
Megan's amendment
(SB 2843 SD1)
Proposes a constitutional amendment to provide the public with the right of access to registration information regarding people convicted of crimes against children and people convicted of sexual offenses.
Crystal methamphetamine
(HB 2003 HD1, SB 3233 SD1)
Omnibus anti-ice bill which includes proposals for harsher drug-trafficking penalties; provides judges more discretion in giving drug offenders treatment as an alternative to prison; creates civil laws to help communities deal with the effects of ice.
Illegal sex tours
(HB 2020 HD1)
Makes it a Class C felony, punishable by up to five years in prison, to sell or market travel services known as "sex tours."
Racing penalties
(SB 2017 SD2)
Increases penalties for those who exceed the speed limit by at least 30 mph by setting a one-year license suspension for a first racing offense and making those convicted of a second offense within five years subject to a vehicle forfeiture and a three-year license suspension. A third offense within five years would be a class C felony.
Wiretapping
(SB 2447 SD1, HB 2370 HD 1)
Conforms Hawai'i wiretapping law with federal law and in effect eases certain restrictions. Eliminates the "adversary" court hearing for wiretap warrant requests, in which a court-appointed lawyer represents the interests of the public to oppose a warrant.
Trespassing
(SB 2294 SD1)
Amends the criminal trespass laws to prohibit people from entering or remaining unlawfully on certain public or private property for a specified time period, after a reasonable warning or request to leave the premises has been issued.
Ammunition
(SB 2170 SD1)
Prohibits people from buying ammunition without showing the registration for the firearm for which the ammunition is to be purchased.
Electronic recordings
(HB 1796 HD1, SB 2377 SD1)
Adds digital recordings, including those from cellular phone cameras, to the definition of "record" for purposes of privacy violations.
Sexual assault victims
(SB 2846 SD1)
Proposes a constitutional amendment allowing the Legislature to prohibit from trial the prior history of alleged sexual assault victims.
FAILING
Witnesses with priors
Proposes a constitutional amendment allowing the Legislature to pass laws permitting witnesses to be impeached with evidence of prior felony convictions, and allows criminal defendants' otherwise excludable statements to be admitted in trials if the defendants testify.
Driving with drugs
Makes it illegal for motorists to drive with any measurable amount of drugs in their blood, even if driving was not impaired.
Drug investigations
Puts a question on the ballot asking whether the constitution should be amended to in effect restore "walk and talk" and "knock and talk" drug investigations.
Repeated DUI offenses
Creates a felony charge for motorists who drive after a court revokes their licenses for DUI convictions, and a new criminal offense for those who drive after a court suspends their licenses for DUI convictions.
Tourism hate crimes
Classifies crimes against tourists as hate crimes that would result in extended prison terms for those convicted of such offenses.
Child endangerment
Makes leaving a child unsupervised in a motor vehicle a petty misdemeanor.
HEALTH
Passing
Patients' bill of rights
(HB 1839 HD2)
Gives rights to pain patients; authorizes doctors to prescribe medically necessary doses of controlled substances to treat intractable pain; protects doctors from disciplinary action.
Prescription drugs
(SB 3237 SD1, HB 2005 HD1)
Fine-tunes a law scheduled to take effect in July that would create a state purchasing pool to buy medicine at discounts and pass the savings on to consumers. Restricts the state program, called Hawai'i Rx Plus, to people who earn no more than 3ý times the federal poverty level.
Pain management
(SB 2670 SD2)
Authorizes the board of medical examiners to establish pain management guidelines for physicians, osteopathic physicians, and physician assistants.
Public urination/defecation
(HB 1828 HD1)
Makes it illegal to urinate or defecate in public, with fines of up to $200 or eight hours of community service.
Hospital building permits
(HB 2539 HD2)
Eliminates requirement for an existing hospital to obtain a Certificate of Need from the Health Department prior to applying for a building permit.
Newborn abandonment
(HB 1901 HD1)
Provides immunity from prosecution for leaving an unharmed newborn at a hospital, fire station or police station within 72 hours of birth. Provides immunity from liability for hospitals, fire stations, and police stations and their personnel for receiving a newborn.
Substance abuse parity
(SB 2579 SD2)
Increases the minimum coverage for alcohol and drug dependence benefits to two episodes per year rather than two lifetime episodes.
Intranasal vaccines
(SB 3079)
Includes the intranasal delivery of vaccines within the scope of practice of pharmacists.
Long-term care reimbursement
(HB 2015 HD2)
Authorizes state agencies to reimburse family caregivers who provide free and continuous day-to-day care in the home to relatives who are functionally dependent or suffering from dementia.
Smoking by DOE employees
(HB 2871 HD2)
Prohibits smoking by public employees in public schools, on school transport, and at school-sponsored functions anywhere, except if at school function in an enclosed room not on school premises and no student is present. Excludes smoking in public schools as a negotiable item for all public employees.
FAILING
Physician-assisted suicide
Allows terminally ill, competent adults to get a lethal dose of medication to end their lives. Prohibits mercy killings, lethal injections, and active euthanasia.
Canadian drugs
Authorizes the state to purchase prescription drugs from and negotiate manufacturer's rebates with Canadian pharmaceutical companies for participants in the Hawai'i Rx program.
Tobacco settlement
Redirects a portion of tobacco settlement money for crystal methamphetamine abuse treatment and prevention programs.
CPS medical disclosures
Allows all licensed health care providers to share medical information with other licensed health care providers of children under the child protective services system.
QUEST dental services
Appropriates money to restore basic dental care for adults enrolled in QUEST and Medicaid, including the aged, blind, and disabled.
ENVIRONMENT
PASSING
Renewable energy
(SB 2474 SD3)
Requires electric utilities to establish renewable portfolio milestones of 20 per cent for 2015 and 30 per cent for 2020; directs the PUC to study the feasibility of implementing a rate structure and incentives program to encourage the use of renewable energy.
Net energy metering
(HB 2048 HD1)
Allows residents to use larger renewable energy devices to be "net metered," or hooked up to the power grid on all islands to run electric meters backward when they have excess power and buy power when they don't. Increases the capacity from 10 kilowatts to 50 kilowatts.
Protecting agricultural lands
(HB 2166 HD1)
Establishes a presumption that a subdivision or development is not agricultural, and does not consist of farm dwellings if it is along a golf course fairway, has a gated entry, or contains restrictive covenants that restrict agricultural uses.
Illegal dumping
(HB 2375 HD1)
Makes it a Class C felony under certain conditions to illegally dispose of waste. It would carry a fine of up to $50,000.
Light pollution
(HB 1743 HD2)
Prohibits floodlights from shining onto the ocean; exempts lights used for safety or ocean navigation purposes.
Hazardous land areas
(HB 2529 HD1)
Requires each county to inventory and identify hazardous land areas and to adopt standards for building in such areas.
Public access
(HB 2167)
Prohibits gated communities that deny public access to any coastal shoreline or mountain or inland areas used for recreational or cultural purposes.
Solar panels
(HB 2969 HD1)
Allows homeowners of single-family residences and townhouses to install solar energy devices on their homes, regardless of any homeowners' association declarations, bylaws or restrictions.
Solar requirements
(SB 2682 SD2)
Requires solar hot water heaters for all new residential developments.
Aquatic inspections
(HB 2964 HD1)
Allows state inspectors to inspect any bag, vehicle, or container used to carry aquatic life, without showing probable cause, to inspect for the possibility of illegal fishing.
Invasive species
(SB 2247 SD1)
Appropriates money to fight specific types of invasive species that are affecting the agriculture industry.
FAILING
Seawall restrictions
Makes it illegal for all, except state and county agencies, to construct seawalls or groins.
Muddy runoff
Raises penalty for violating the state Clean Water Act from $25,000 to $40,000; allows citizens to bring lawsuits against violators.
Environmental lands purchasing fund
Requires 1 percent of all state fund appropriations for capital improvements designated for the construction and renovation of state buildings to be deposited into an environmental fund to purchase environmentally sensitive lands.
Invasive species fees
Authorizes the Department of Agriculture to charge user fees for the inspection and other invasive species prevention services provided by the department.
Environmental enforcement
Extends the conservation and resources program of the Department of Land and Natural Resources (DLNR) to protection of caves, historic preservation, and Kaho'olawe Island Reserve.
MISCELLANEOUS
PASSING
Sexual orientation discrimination
(HB 537 HD1)
Bars landlords and real estate agents from discriminating against someone in a real estate transaction based on sexual orientation.
Traffic court fees
(HB 2294)
Doubles fees for processing traffic citations, adding between $5 and $15 per ticket, with half the money tagged for the Judiciary's new computer system.
Intra-island ferry system
(HB 2321 HD2)
Appropriates money to establish and implement a permanent intra-island water ferry system.
Mass transit planning
(HB 2956 HD1)
Establishes a mass transit planning account with up to $3.6 million to be used to develop a mass transit plan that includes a fixed guideway mass transit system, as well as an environmental impact statement for such a plan.
Illegal car tinting
(HB 1987 HD1)
Increases the maximum fines that can be levied on illegal sun screens to $500 for vehicle owners and $1,000 for installers.
Animal cruelty
(HB 2691 HD1)
Creates a new felony offense of aggravated animal cruelty for repeated animal cruelty behavior and harming pet animals for intimidation of persons. It exempts certain offenses related to fighting animals.
Bioprospecting
(HB 2034 HD3)
Prohibits the sale or transfer of biological resources and biological diversity on or from public lands except for certain existing permitted farming and research operations; establishes a bioprospecting advisory commission.
Animal quarantine
(SB 2477 SD1)
Authorizes the state Department of Agriculture to restrict the entry into the state of any items originating from Guam that have not been certified as having been inspected by the U.S. Department of Agriculture-Wildlife Services or other approved agency prior to shipment from Guam.
Police benefits
(SB 3019 SD1)
Provides State of Hawai'i Organization of Police Officers members a tax credit for health insurance premiums. The credit would be up to $960 per year for single coverage and $2,400 per year for family coverage.
Employee spouse benefits
(SB 3226 SD2)
Allows a surviving spouse or surviving reciprocal beneficiary of a police officer, firefighter, deputy sheriff, or public safety officer to remarry, marry, or enter into a new reciprocal beneficiary relationship and to continue to receive pension and other retirement benefits arising from their former spouse's employment.
Liquor control enforcement
(HB 2686 HD1)
Provides the county police departments jurisdiction that is concurrent with the liquor commission's authority to take action against a person who illegally purchases liquor.
FAILING
Civil unions
Allows unrelated couples, including gays, to form civil unions that give them the same benefits and obligations as married people.
Rental unit pets
Bars landlords and rental agents from imposing "no pet" policies on their residential and apartment units.
Natatorium
Authorizes the issuance of GO bonds to complete the restoration of the Waikiki War Memorial Natatorium.
Value-based car tax
Authorizes the counties to impose a value-based vehicle tax, also known as an ad valorem tax; provides for revenues to be divided between the county, the state highway fund and the state general fund.
Correction: A bill that prohibits smoking by employees in public schools, public school transports and school-sponsored functions remains alive as House Bill 2871, House Draft 2. Also alive is House Bill 267, House Draft 2, which transfers the Office of Elections, Elections Appointment and Review Panel, and the Campaign Spending Commission, from the Department of Accounting and General Services to the Judiciary for administrative purposes. A previous version of this list incorrectly said both bills were failing at the Legislature.
