Posted on: Sunday, March 13, 2005
Bills that are alive, or failing, at the Capitol
Advertiser Staff
Here is the status of the 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 either the House or Senate by last Thursday's initial deadline. But failing bills can be revived, measures can be rewritten and lawmakers can change their minds. Lobbying and public participation can help change the direction of any of these bills.
GOVERNMENT
PASSING
Campaign spending (SB 440 SD 1; HB 1747 HD 1)
Establishes new limits on out-of-state and corporate campaign contributions. Bars fund raising on state and county property. Senate exempts labor unions from contribution limits. House version limits individual donations to candidates to $500 and total donations to $25,000.
Public campaign finance (SB 1689 SD 2; HB 1713 HD 1)
Increases public funding for political candidates who voluntarily agree to campaign contribution and spending limits.
Electronic voting (SB 1325 SD 2; HB 1740 HD 1)
Requires paper ballots for electronic voting machines to help ensure accuracy.
Voting by mail (SB 433 SD 2)
Authorizes voting by mail for state, county and federal elections.
Spending restrictions (HB 1666 HD 1)
Requires the governor to release funds appropriated by the Legislature unless an actual revenue shortfall will occur as a result of the release; requires funds to be released within 90 days.
Budget restrictions (HB 1672)
Requires the governor to hold a public hearing on any proposed restrictions or withholding of funds budgeted and appropriated by the Legislature, prior to restricting or withholding funds.
Executive orders (HB 1529 HD 1)
Requires the governor's executive orders to be submitted to the Senate president and House speaker; requires the legislative auditor to rule on the validity of an administrative rule. OHA disbursements (HB 447 HD1)
Authorizes the state Office of Hawaiian Affairs to make disbursements by issuing checks in its own name.
Catastrophic relief fund (HB 1111 HD1)
Creates the Hawai'i Catastrophic Relief Fund to provide reinsurance in the event of various types of natural disasters. Elected attorney general (SB 255 SD 1)
Calls for a constitutional amendment so voters could elect the attorney general. The attorney general is now appointed by the governor.
Expanded Board of Education (SB 1533)
Calls for a constitutional amendment to expand the state Board of Education from 13 to 17 elected members to make it more geographically representative of the Islands.
Public meetings (HB 551 HD 1)
Clarifies that two members of a board may discuss official business outside of a meeting provided that no commitment to vote is made or sought.
Primary election date (HB 467 HD 1)
Changes the primary election date from the second to last Saturday in September to the first Saturday in September.
Legislative offices (HB 1236)
Increases the legislative office allowance from $5,000 to $7,500. The allowance has not been changed since 1987.
Transit authority
Creates a temporary transit authority and authorizes the transfer of state highway fund money to a transit special fund.
Governor's authority
Requires legislative approval for the governor to make transfers or changes in appropriations between programs and agencies.
Law enforcement functions
Transfers the law enforcement and security functions of the state Department of Public Safety to the attorney general.
PASSING
Earned income tax credit (SB 1410 SD 1; HB 957 HD 1)
Adds a refundable state earned income tax credit to a federal tax credit aimed at low-income workers.
Standard deduction (SB 97 SD 1)
Increases the standard deduction for income taxes so certain low-income people will not have to pay taxes.
Income tax brackets (SB 1740 SD 1)
Adjusts income tax brackets by eliminating the two lowest tax brackets and adding a new bracket before the highest tax rate of 8.25 percent applies.
Surcharge for transit (HB 1309 HD 2)
Allows counties to assess a surcharge of up to 1 cent on all goods and services, on top of the existing 4 cent general excise tax, to fund transit projects.
Fuel tax for transit (HB 1645 HD 1)
Reserves a portion of state fuel tax revenues paid in Honolulu for a mass transit system.
Media tax credit (HB 1590 HD 2)
Temporarily replaces the motion picture and film production tax credit with the motion picture, digital media and film production tax credit based on qualified production costs; caps credit at $8 million per production.
Motorsports tax credit (SB 1734 SD 2; HB 994 HD 2)
Provides a $50 million tax credit for a new motorsports complex at Kalaeloa. The tax credit would have to be offset by new tax revenue generated from the complex.
National Guard tax credits (HB 329, HD1)
Gives a tax credit to members of the Hawai'i National Guard and Reserves with qualifying dependents.
Cigarette tax (SB 1236 SD 2)
Increases the per cigarette tax to 9 cents in June 2006, 11 cents in June 2007 and 13 cents in June 2008. Directs 25 percent of the new tax money to the general fund, 25 percent for health promotion and disease prevention, and 50 percent to the tobacco prevention and control fund.
Liquor taxes (HB 1162 HD 1)
Changes the definition of "coolers" to include spirits-based drinks with less than 7 percent alcohol. The change would lower the tax on spirits-based coolers from $5.98 per gallon to 85 cents per gallon.
Tobacco permit (SB 682 SD 2)
Requires retailers selling tobacco products to obtain a permit from the state Department of Taxation. Sets criminal penalties and forfeiture for retailers who sell tobacco without a permit.
Wai'anae Coast (SB 1301 SD2)
Requires the state Department of Land and Natural Resources to consider user conflicts, address environmental concerns, and balance commercial activities along the Wai'anae Coast when issuing permits for commercial activities.
Hawai'i Tourism Authority (SB 1729 SD2)
Redistributes the transient accommodations tax to help the Hawai'i Tourism Authority with existing and expanded programs.
Rail tax
Increases the general excise tax only if Honolulu adopts a transit plan by 2006. Tax increase would go to counties for transit and for a food and medical services tax credit.
Workers' compensation
Gives the state insurance commissioner the authority to investigate fraud and employers the right to choose doctors in claims cases. Limits total temporary disability to 104 weeks.
PASSING
Preschool (SB 35 SD 2)
Creates a two-year pilot program for universal pre-school for low-income children 5 and under.
Early childhood education (HB 1300 HD 2)
Establishes a rating committee and provides funds to develop a rating system for early childhood education.
Class sizes (SB 1221 SD 2)
Provides money to lower class sizes in the kindergarten though fifth grades.
Textbooks (SB 1258 SD 1)
Provides money for new science and social studies textbooks and establishes a grant program to support civic education.
Charter schools (SB 1643 SD 2; HB 1136 HD 3)
Increases the student spending formula and ensures charter schools get federal special education grants. Senate convenes a working group to study charter school exemptions to state law. House version establishes a task force to make recommendations to the Legislature.
Charter schools (SB 950 SD 1)
Clarifies that charter schools are subject to state land use and county zoning laws.
Teacher shortage (SB 1642 SD 2)
Provides financial incentives and professional development to recruit and train public school teachers.
School lunch (SB 1255 SD 1; HB 843 HD 1)
Authorizes the state Department of Education to adjust the price of school lunch; in effect, raises lunch prices from $1 to $1.50.
UH flood relief (SB 667 SD2) Provides $25 million in emergency appropriations from the general fund to pay for losses at the University of Hawai'i during a flood last October.
UH procurement (HB 15 HD 1)
Allows the UH Board of Regents to develop its own procurement code separate from the rest of the state.
Lyon Arboretum funds (HB 1192 HD 2)
Provides funds to repair, maintain and operate the Lyon Arboretum.
UH dorms (HB 19 HD 2)
Allows UH to issue revenue bonds to finance dorms.
UH safety (HB 1076 HD 1)
Provides funds to improve safety and security on all UH campuses.
UH wages (SB 464 SD 2)
Requires the Board of Regents to pay a penalty to employees for late payment of wages.
UH property (SB 904 SD 1)
Grants authority to UH to manage its real property and control public activities.
UH regents (SB 1257 SD 2)
Establishes a candidate advisory council to screen and propose candidates for appointment to the UH Board of Regents.
UH flood tax credit (SB 1745 SD 1)
Provides a one-time non-refundable tax credit to victims of the Manoa flood.
Board of Education salaries
Provides annual salaries of $32,000 for members of the state Board of Education, with the board chairman receiving $37,000.
UH scholarships
Authorizes $20 million in scholarships to provide greater access to higher education.
Charter schools
Lifts a cap on new start-up charter schools and allows more chartering authorities.
PASSING
Gas cap (HB 1705 HD 1)
Gives the governor the option not to implement the law capping wholesale gasoline prices in the state.
Cemetery, funeral trust regulation (SB 60 SD 1)
Increases protection for consumers who buy prepaid funeral contracts.
Noise pollution (HB 857 HD 1)
Requires decibel tests as part of the official motor vehicle safety inspection rules.
Fire sprinkler tax credit (HB 1448 HD 2)
Provides a tax credit for automatic fire sprinkler systems installed by individual or corporate taxpayers.
Cable television (SB 769 SD 2)
Allows a rebate to subscribers if annual fees exceed the regulatory program's administrative costs.
Labor picketing (SB 536)
Repeals a prohibition against picketing outside people's homes during labor disputes.
Meal breaks (SB 55 SD 1, HB 338 HD 2)
Allows for 30-minute rest or meal breaks for workers after five or more hours on the job unless a collective bargaining agreement specifies breaks. Businesses could get exemptions.
Minimum wage (SB 294 SD 3; HB 1134 HD 2)
The Senate increases the minimum wage from $6.25 an hour to $7 in 2006 and to $8 in 2008, and increases the hourly wage tip allowance from 25 cents to 75 cents in July 2006. The House version increases the wage to $6.75 in 2006 and $7.25 in 2007.
Rulemaking for workers' compensation (SB 1808 SD 1; HB 1773 HD 1)
Amends workers' compensation law, including but not limited to mandating further requirements for vocational rehabilitation providers, temporarily limiting the director's rulemaking authority, and specifying procedures for filing claims.
Health insurer reserves (SB 760 SD 1)
Lowers the reserves by health insurers, such as HMSA, allowed under state law from 50 percent to 30 percent. Allows the insurance commissioner to block rate increases if reserves exceed 30 percent.
Contractor complaints (HB 1542 HD 1)
Speeds up requirements for the state Department of Commerce and Consumer Affairs to investigate complaints against contractors. The department must initiate an investigation within seven working days after a complaint.
Civil rights (HB 1715 HD 1)
Prohibits discrimination in real estate transactions based on sexual orientation, gender identity or expression; provides an exemption for religious institutions that own or operate housing. Public lands for housing (HB 1731 HD 2)
Requires the state Housing and Community Development Corporation to identify public lands suitable for housing; requires 20 percent be developed for qualified Hawaiians.
Tax credits
Provides people earning $40,000 or less with tax credits on the purchase of food and medical services.
Credit-card caps
Erases the 18 percent annual rate limit on credit cards in Hawai'i.
Medical claims
Amends the patients' bill-of-rights to establish a way for consumers to contest medical claims denied by health insurers.
PASSING
Electronic surveillance (SB 965 SD 2)
Expands and clarifies police powers to conduct wiretaps.
DNA samples (SB 470 SD 2)
Requires all convicted felons to submit DNA samples for use in a state database. Allows for post-conviction DNA testing requests.
Sex offender registry (SB 708 SD 2)
Expands registration and public access requirements for convicted sex offenders and people who commit crimes against children.
Pseudoephedrine (SB 1100 SD 2)
Requires that only licensed pharmacists, and retail clerks under certain conditions, sell pseudoephedrine to reduce the manufacturing of ice. Consumers would be required to show identification before purchasing pseudoephedrine products.
Alcohol offenses (SB 706 SD 2)
Authorizes judges to suspend driver's licenses for 180 days, or to postpone eligibility for a license until a person is 18, for young people convicted of illegal liquor possession. Allows for driving exceptions for school and work for young people with suspended licenses.
Vehicle forfeiture (HB 919 HD 1)
Allows for the forfeiture of vehicles for people convicted of driving under the influence of an intoxicant three times within five years.
Speeding (HB 862 HD 2)
Makes it a petty misdemeanor to speed 30 mph or more over the speed limit, or drive 90 mph or more regardless of the speed limit.
Illegal motion picture recordings (HB 164 HD 1)
Makes it a misdemeanor to use a recording device in a movie theater without consent of the theater owner.
Property rights (HB 833 HD 1)
Gives homeowners civil immunity for damages sustained by a trespasser with intent to commit a crime.
911 recordings (HB 1320 HD 1)
Requires police to retain dispatch tape recordings of all emergency 911 calls for at least one year.
Transition for female inmates (HB 1750)
Provides money for community-based programs that assist female offenders in moving from prison back into the community.
New prison
Directs the state to begin the planning and design process for a new 1,000- to 1,200-bed treatment facility at an unspecified site; requires a report back to the Legislature by February 2006 with a specific proposal.
Kapolei courts
Authorizes $95 million in the judiciary's budget for a Kapolei Judiciary Complex.
Testimony of criminal defendants
Proposes an amendment to the Constitution to permit criminal defendants to be impeached with evidence of prior convictions for crimes involving dishonesty. Public administration bribery
Creates two new offenses related to illegal compensation of public officials: bribery in the second degree and unlawful gifts from people subject to their jurisdiction.
Buying liquor for minors
Sets mandatory jail sentences for adults who buy liquor for minors.
Forfeited firearms
Allows public safety agencies to use forfeited firearms or exchange them for new firearms or less lethal weapons.
PASSING
Long-term care tax credit (HB 97 HD 2)
Provides a tax credit to individuals and employers for long-term care insurance premium costs.
State prescription drug purchase (HB 30 HD 1)
Authorizes the director of human services to use the federal drug supply schedule for the negotiation and purchase of brand name prescription drugs for the state's prescription drug program.
Welfare spending (SB 1750 SD 2; HB 140 HD 1)
Authorizes House and Senate committees to oversee executive branch spending of federal welfare money. Caregiver consent (HB 359 HD 1; SB 40 SD 1)
Gives a minor's caregiver the right to consent to healthcare services for the minor if the caregiver shows proof of consent.
Abandoned children (HB 540 HD 2)
Provides immunity from prosecution for people who leave unharmed newborns at a hospital, fire station or police station within 72 hours of birth.
Presumptive eligibility of welfare recipients (HB 244 HD 1)
Requires the state Department of Human Services to recognize those who have not received a decision on their public-assistance applications within 45 days to be eligible until a decision is made.
Social worker loans (HB 1144 HD 2)
Establishes a social work student loan subsidy program and special fund for social workers who work for the state after graduation.
Tax exemption for care home operators (HB 146 HD 1)
Provides a general excise tax exemption on income received from the state as a care home operator.
Payment for adult residential care homes (HB 505 HD 1)
Increases payments for adult residential care homes to help cover people eligible for federal or state public assistance.
Child safety seats (SB 427 SD 1)
Requires a child safety seat or booster seat for children between the ages of 4 and 8 when riding in vehicles.
Smoking ban (SB 1468 SD 1)
Bans smoking in all parts of airports and hospitals.
Criminal history checks (SB 790 SD 1)
Requires criminal background checks for all prospective individuals, including adult volunteers, who provide care and services to frail, elderly or disabled adult residents of care facilities and related programs.
Juveniles in jail (SB 45 SD 2)
Requires the state Office of Youth Services to notify the Legislature through the budget process of plans to send juveniles to out-of-state jails.
Physician-assisted suicide
Allows the terminally ill to obtain a lethal dose of medication from doctors to end their own lives.
Smoking ban
Prohibits smoking on public beaches and in parks and certain recreational areas. Prohibits disposal of smoking waste in any place where smoking is prohibited, except in a designated trash container.
Fast-food nutrition
Requires fast-food chain restaurants to print nutritional information on their menus to help combat obesity.
Drug prescriptions
Allows medical psychologists in federally qualified health centers or licensed clinics in poor areas to prescribe psychotropic drugs to treat mental illness.
PASSING
Coqui frogs (HB 1301 HD 1)
Provides money to eradicate coqui frogs across the state. The frog is an invasive species seen as both a nuisance and a threat to the ecosystem.
Cruise ships (SB 1002 SD 2; HB 422 HD 2)
Sets standards and provides monitoring for wastewater discharges and emissions from cruise ships and other commercial passenger ships.
Bottle law (HB 1015 HD 2)
Exempts air and ocean passenger vessels that have recycling programs approved by the state Department of Health from the state's bottle deposit law.
Coastal light pollution (HB 895 HD 2)
Prohibits decorative or aesthetic floodlights, uplights or spotlights when the light shines directly into ocean waters or causes a glare into ocean waters.
Access to beaches (HB 760)
Appropriates funds for the state Department of Land and Natural Resources to survey and map all existing public access ways to the shoreline.
Lateral public access (SB 1884 SD 1; HB 1442 HD 2)
Requires developers or subdividers to provide public shore access from a public highway or street and also connect existing or proposed access points with each other.
Shoreline enforcement (HB 1020 HD 3)
Clarifies the definition of "shoreline;" prohibits shoreline planting for landowners to expand their property; allows the state to rescind a shoreline certification that was based on misrepresentation.
Motor vehicle noise (HB 1173 HD 2)
Increases fines for repeated violations of the motor vehicle muffler noise law.
Conveyance taxes for conservation (SB 1897 SD 2; HB 1308 HD 1)
The Senate requires 10 percent of conveyance taxes collected to be deposited into the land conservation fund. The House version requires 25 percent to go to the fund, which can be used to purchase coastal lands and wildlife and watershed areas.
Land use (SB 1593 SD 2) Allows counties a one-time reclassification of agricultural land into rural land use districts. Provides money to study rural land use.
Invasive species (SB 956 SD 1; HB 169 HD 1)
Expands the powers of state Department of Agriculture inspectors to look at shipping documents on imports for signs of unwanted plants or animals. Solar panels (HB 1017 HD 3)
Allows homeowners to install solar energy panels on their townhouses without homeowner association approval as long as the panels are registered with the associations.
Energy efficient vehicles (SB 1427 SD 1)
Encourages the state to purchase more electric, hybrid electric and fuel-cell vehicles for its government fleet.
Bottle law
Repeals the new 6 cent deposit fee for beverage containers that took effect last year.
Bottle law
Requires supermarkets and other retailers to offer a one-to-one trade on recyclable bottles and cans. The redemption money would act as a credit on the new purchase of drinks.
Bottle law
Requires all counties to have comprehensive recycling programs by 2007.
Pesticides
Allows the state Department of Agriculture to develop rules to require public notification when public areas are treated with highly or moderately toxic pesticides.
PASSING
Affordable housing (HB 1303 HD 2)
Encourages more affordable rental housing through a general excise tax exemption for developers and an increase in the amount of taxes diverted to the Rental Housing Trust Fund. Establishes a sliding scale for payment of conveyances taxes on homes. Splits the state Housing and Community Development Corporation into separate administrative and finance branches.
Low-income housing (SB 1852 SD 2)
Issues general obligation bonds for the repair, renovation and construction of low-income housing. Requires the state to repair all vacant low-income units by the end of 2008.
Underwater tunnel (HB 925 HD 2)
Provides money to update a feasibility study for a traffic tunnel under Honolulu Harbor; may also include studying a tunnel under Pearl Harbor.
Salary compensation for active military (HB 171 HD 3)
Requires the state to compensate state employees and officers on active duty in a hostile fire zone if their gross monthly pay exceeds their gross military pay.
National Guard employers (HB 172 HD 2)
Provides a tax credit to employers who hire active members of the Hawai'i National Guard.
Graduated licenses (SB 428 SD 2; HB 150 HD 2)
Establishes a three-tiered graduated driver's license for people under 18. Requires young drivers to ride with a licensed parent or guardian between 11 p.m. and 5 a.m., with exceptions for school or work activities.
Cell phones (HB 88 HD2)
Bans the use of cell phones while driving unless drivers use a hands-free device. Sets fines of $200 that can be suspended if drivers purchase a hands-free device. Exempts drivers using cell phones for medical or safety emergencies.
Hawai'i Medal of Honor (HB 8 HD 1)
Establishes criteria for the Hawai'i Medal of Honor for military personnel who are killed in action.
Culture and arts (HB 1390 HD 1)
Appropriates money for the Hawai'i State Foundation on Culture and Arts.
Traffic cameras (HB 1324 HD 2)
Establishes a red-light photo imaging detector system to improve enforcement of traffic signal laws.
Gun control (SB 600)
Raises the age for rifle and shotgun transfers from 18 to 21.
Shark monitoring (SB 1267 SD 2)
Provides money to tag and monitor sharks on the Leeward Coast.
Superferry EIS
Requires Hawai'i Superferry Inc. to prepare an environmental impact statement for the statewide superferry project.
Pet protection
Makes it a felony to sell or kill dogs and cats for food.
Older drivers
Requires people 75 and older to pass a road test to renew their driver's licenses.
Internet sales
Establishes a method for the state to collect taxes on Internet transactions.
Research tax credit
Proposes a business research institute tax credit for the development and growth of new technology related businesses.
Substitute teachers
Creates a collective bargaining unit for substitute teachers at public schools.
FAILING
BUSINESS/TAXES
FAILING
EDUCATION
FAILING
CONSUMER PROTECTION/LABOR
FAILING
CRIME
FAILING
HEALTH/SOCIAL SERVICES
FAILING
ENVIRONMENT
FAILING
MISCELLANEOUS
FAILING
