Posted on: Sunday, May 8, 2005

How major bills fared at the Capitol

Advertiser Staff

State lawmakers adjourned the session on Thursday after reviewing hundreds of bills. Here is the status of some of the more significant bills. Bills that passed have been sent to Gov. Linda Lingle for her signature or veto. Lawmakers can override a veto by two-thirds votes in each chamber.

GOVERNMENT

PASSED

Campaign spending (HB1747 HD1 SD1 CD1)

Bans contractors with state or county contracts from making political contributions. Limits out-of-state contributions to no more than 20 percent of a candidate's fund raising during a campaign reporting period.

Electronic voting (HB1740 HD1 SD2 CD1)

Requires electronic voting machines to produce paper ballots that can be inspected to help ensure accuracy.

Voter identification (HB119 HD1)

Allows voters to list only the last four digits of their Social Security numbers as signature verification for candidate nominating papers.

Precinct chairs (HB894)

Abolishes a requirement that precinct chairs be of the same political party as the governor.

Legislative offices (HB1236 SD1 CD1)

Increases the legislative office allowance from $5,000 to $7,500. The allowance has not been changed since 1987.

Budget restrictions (HB1672 SD1 CD1)

Requires the governor to notify grant recipients of the status of grants if the governor chooses to hold the money beyond 90 days after it was approved by the Legislature.

OHA disbursements (HB447 HD1 SD1)

Authorizes the state Office of Hawaiian Affairs to make disbursements by issuing checks in its own name.

Public meetings (HB551 HD1 HD2 CD1)

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 and the two do not make up a quorum.

Planning office (SB1877 HD1 CD1)

Clarifies that the state Department of Business, Economic Development and Tourism has jurisdiction over land use and state planning functions, including the Office of Planning. Requires the director of planning to be confirmed by the Senate.

FAILED

Transit authority

Creates a temporary transit authority and authorizes the transfer of state highway fund money to a transit special fund.

Elected attorney general

Calls for a constitutional amendment so voters could elect the attorney general. The attorney general is now appointed by the governor.

Law enforcement functions

Transfers the law enforcement and security functions of the state Department of Public Safety to the attorney general.

Public financed campaigns

Increases public funding for political candidates who voluntarily agree to campaign contribution and spending limits.

Voting by mail

Experiments with voting by mail in select districts.

Expanded Board of Education

Calls for a constitutional amendment to expand the state Board of Education from 13 to 17 elected members to make it more geographically representative.

Governor's authority

Requires legislative approval for the governor to make transfers or changes in appropriations between programs and agencies.

Spending restrictions

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.

Executive orders

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.

BUSINESS/TAXES

PASSED

Surcharge for transit (HB1309 HD2 SD2 CD1)

Allows counties to add a surcharge of up to 0.5 percent on the state's 4 percent general excise tax to pay for transit projects. Counties would have until the end of the year to pass a tax, which could not be collected until January 2007. The tax would expire after 15 years. Honolulu is the only county actively considering a tax increase, which would be used to help pay for a rail project.

Hawai'i Tourism Authority (SB1729 SD2 HD2 CD1)

Redistributes the transient accommodations tax to help the Hawai'i Tourism Authority with existing and expanded programs. The portion of the revenue that will go into the tourism special fund will increase to 34.2 percent, up from 32.6 percent.

Tobacco permit (SB682 SD2 HD3 CD1)

Requires retailers selling tobacco products to obtain a $20 permit from the state Department of Taxation by March 2007. Sets criminal penalties and forfeiture for retailers who sell tobacco without a permit.

Workforce development (SB813 SD2 HD2 CD1)

Provides $10 million for the counties for workforce development, including employer outreach and labor force expansion.

Small businesses (HB162 HD2 SD 1 CD1)

Requires the Procurement Policy Board to adopt rules to promote small business growth and development, including set asides and criteria to encourage the use of small businesses as subcontractors on larger contracts.

Wai'anae Coast (SB1262 SD 1 HD 2 CD 1)

Authorizes an environmental study of the Wai'anae Coast and establishes a moratorium on new commercial vessel permits in the area.

FAILED

Earned income tax credit

Adds a refundable state earned income tax credit to a federal tax credit aimed at low-income workers.

Standard deduction

Increases the standard deduction for income taxes so certain low-income people will not have to pay taxes.

Income tax brackets

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.

Fuel tax for transit

Increases fuel taxes to pay for a mass transit system. Adds a motor vehicle tax.

Media tax credit

Expands a 4 percent tax credit for film production costs to 15 percent for films on O'ahu and 20 percent for films on the Neighbor Islands. Allows producers of commercials and digital media to qualify for the credit.

Motorsports tax credit

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

Gives a tax credit to members of the Hawai'i National Guard and Reserves with qualifying dependents.

Cigarette tax

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

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.

EDUCATION

PASSED

Charter schools (SB1643 SD2 HD2 CD1)

Creates a task force to study charter school oversight and governance and report back to the Legislature before next session. Allows charter school workers to participate in the state workers' compensation system.

Early childhood education (HB1300 HD2 SD2 CD1)

Provides $50,000 for a task force to study how to improve quality and access to preschool.

Teacher shortage (HB844 HD1 SD2 CD1)

Promotes a teacher cadet program, UH admission policies to make it easier for freshman to declare as education majors, and handbooks and mentoring for new teachers.

Substitute teachers (SB1250, SD2, HD2 CD1)

Sets daily pay rates for substitute teachers of $119.80 for those without a bachelor's degree, $130 for those with a bachelor's degree, and $140 for DOE teachers or those who are licensed or highly qualified.

School lunch (HB843 HD1 SD1 CD1)

Authorizes the state Department of Education to adjust the price of school lunch to cover up to half the total cost of operating the program.

VEBA trust (HB1608 HD1 SD2 CD1)

Allows unions to purchase health benefits for members through a trust. Creates a three-year pilot to compare the trusts with health insurance plans offered by the state. The Hawai'i State Teachers Association had sought a trust.

UH flood relief (SB667 SD2 HD2)

Provides $47 million in emergency appropriations to pay for losses at the University of Hawai'i-Manoa during a flood last October.

UH regents (SB1256 HD1)

Calls for a constitutional amendment asking voters whether the governor should choose regents from a list of candidates recommended by an advisory council. The governor now has the full discretion to select and appoint regents, who must be confirmed by the Senate.

UH regents (SB1257 SD2 HD2 CD1)

Establishes an advisory council to screen candidates for appointment to the Board of Regents. This would provide the enabling legislation if the constitutional amendment were to pass.

UH dorms (HB19 HD2 SD2 CD1)

Allows UH to issue revenue bonds to finance the construction and repair of student housing.

FAILED

Charter schools

Lifts a cap on new start-up charter schools and allows more chartering authorities. The state has reached its limit of 23 start-up charter schools under the law, although traditional public schools can still covert to charter schools.

Preschool

Creates a two-year pilot program for universal preschool for low-income children 5 and under.

Class sizes

Provides money to lower class sizes in the kindergarten though fifth grades.

Textbooks

Provides money for new science and social studies textbooks and establishes a grant program to support civic education.

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. School board members are currently unpaid.

UH flood tax credit

Provides a one-time non-refundable tax credit to victims of the Manoa flood.

UH scholarships

Authorizes $20 million in college scholarships to provide greater access to higher education.

CONSUMER PROTECTION/LABOR

PASSED

Minimum wage (SB294 SD3 HD1 CD1)

Raises the minimum wage from $6.25 to $6.75 on Jan. 1, 2006, and $7.25 on Jan. 1, 2007.

Bottle law (SB212 SD2 HD2 CD1)

Provides $3 million from the beverage container deposit fund be set aside as grants for retailers who set up reverse-vending machines or hire someone to do so by Dec. 31. Sets aside an additional $3 million for recyclers, nonprofits or other groups that want to establish recycling centers.

Bottle law (HB1015 HD2 SD1)

Allows for flattening of beverage containers; allows reverse vending machines to reject containers with unreadable bar codes; exempts airlines and cruise ships with recycling programs from the bottle law.

Meal breaks (SB55 SD1 HD2 CD1)

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. Certain businesses could get exemptions.

Government workers (SB1352 SD1 HD1 CD1)

Allows public employers to negotiate procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges or other disciplinary actions; requires negotiation over the impact of transfers, assignments and layoffs with public employee unions.

Workers' compensation (SB1808 SD1 HD1 CD1)

Amends workers' compensation law, mandating further requirements for vocational rehabilitation providers, temporarily limiting the director's rulemaking authority, and specifying procedures for filing claims.

Civil rights (HB1715 HD1 SD1)

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.

Bone marrow, organ donors (HB1318 HD1 SD1)

Gives state employees up to seven days of paid leave each year to serve as bone marrow donors; and up to 30 days of paid leave to serve as organ donors.

FAILED

Tax credits

Provides people earning $40,000 or less with tax credits on the purchase of food and medical services.

Unemployment insurance

Provides relief to businesses by lowering their contributions to the unemployment insurance fund.

Credit-card caps

Erases the 18 percent annual rate limit on credit cards in Hawai'i.

Gas cap

Gives the governor the option not to implement the law capping wholesale gasoline prices.

Cemetery, funeral trust regulation

Increases protection for consumers who buy prepaid funeral contracts.

Health insurer reserves

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.

Labor picketing

Repeals a prohibition against picketing outside people's homes during labor disputes.

Fire sprinkler tax credit

Provides a tax credit for automatic fire sprinkler systems installed by individual or corporate taxpayers.

CRIME

PASSED

Sex offender registry (SB708 SD2 HD2 CD1)

Expands public access requirements on information about convicted sex offenders or those who commit crimes against children. The state will no longer have to go through a court hearing before posting information about sex offenders on a state Web site.

DNA samples (HB1733 HD2 SD2 CD1)

Requires all convicted felons to submit DNA samples for use in a state database. Allows for post-conviction requests for DNA testing.

Vagrancy (HB806 HD1 SD1 CD1)

Reduces the penalty for squatters in public parks and grounds from second-degree criminal trespassing to a petty misdemeanor.

Pseudoephedrine (SB1100 SD2 HD1 CD1)

Sets a limit of three packages or 9 grams on any single purchase of products with the ingredient, which can be used to make "ice." Requires stores to keep the products behind the counter, in plain view of clerks, or within the scope of security cameras.

Iwi protection (HB712 HD2 SD 2 CD 1)

Creates criminal penalties for people who knowingly remove or disturb remains or artifacts at historic burial sites.

Kapolei courts (HB500 HD2 SD2 CD1)

Authorizes $95 million in the judiciary budget for a Kapolei judiciary complex that will house Family Court and a juvenile detention center.

Illegal motion picture recordings (HB164 HD1 SD1 CD1)

Makes it a misdemeanor to use a recording device in a movie theater without consent of the theater owner.

911 recordings (HB1320 HD1 SD1 CD1)

Requires police to retain dispatch tape recordings of all emergency 911 calls for at least one year.

Transition for female inmates (HB1750 SD2 CD1)

Provides $100,000 for community-based programs that assist female offenders in moving from prison back into the community.

Vehicle forfeiture (HB919 HD1 SD2)

Allows for vehicle forfeiture against people convicted of driving under the influence of an intoxicant three times in five years.

FAILED

Electronic surveillance

Expands and clarifies police powers to conduct wiretaps.

Alcohol offenses

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.

Buying liquor for minors

Sets mandatory jail sentences for adults who buy liquor for minors.

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.

Testimony of criminal defendants

Calls for a constitutional amendment 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.

Speeding

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.

HEALTH/SOCIAL SERVICES

PASSED

Welfare spending (HB140 HD1 SD2 CD1)

Authorizes House and Senate committees to oversee executive branch spending of federal welfare money, including the ability to conduct oversight hearings.

Child support enforcement (SB675 HD1)

Gives authority to the Child Support Enforcement Agency to provide services to non-custodial parents, allows disclosure of information in administrative proceedings, and the issuance of income withholding orders.

Caregiver consent (HB359 HD1 SD1)

Gives a minor's caregiver the right to consent to healthcare services for the minor; establishes requirements for caregiver consent affidavits.

Developmental disabilities, mental retardation (SB789 HD1)

Makes an emergency appropriation to the state Department of Health for home and community based providers of services for those with developmental disabilities or mental retardation.

Early intervention services (SB782 SD1)

Makes an emergency appropriation for additional funds from the Early Intervention Special Fund to the Family Health Services Division for services for infants and children up to age 3.

Family childcare (SB1210)

Extends the authorization of the Family Child Care Home law to allow family childcare homes located in townhouses and condominiums to continue operations.

Mental health (SB761 SD2 HD1 CD1)

Expands the definition of "serious mental illness" to include delusional disorder, major depression, obsessive compulsive disorder, and dissociative disorder.

Frozen baked goods (HB332 HD1 SD2 CD1)

Requires retailers to set up signs identifying to consumers baked good products that have been previously frozen and thawed.

FAILED

Long-term care tax credit

Provides a tax credit to individuals and employers for long-term care insurance premium costs.

State prescription drug purchase

Authorizes the state to use the federal drug supply schedule for the negotiation and purchase of brand name prescription drugs for the state's prescription drug program.

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.

Juveniles in jail

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.

Abandoned children

Provides immunity from prosecution for people who leave unharmed newborns at a hospital, fire station or police station within 72 hours of birth.

Fast-food nutrition

Requires fast-food chain restaurants to print nutritional information on their menus to help combat obesity.

Payment for adult residential care homes

Increases payments for adult residential care homes to help cover people eligible for federal or state public assistance.

Child safety seats

Requires a child safety seat or booster seat for children between the ages of 4 and 8 when riding in vehicles.

ENVIRONMENT

PASSED

Conveyance tax/Legacy lands (HB1308 HD1 SD2 CD1)

Increases the conveyance tax for properties $600,000 or more, and all residential properties that are second homes or investments; earmarks 10 percent of the conveyance tax to fund land conservation; also increases the share of the conveyance tax going to the Rental Housing Trust Fund to 30 percent.

Coqui frogs (HB1301 HD1 SD2 CD1)

Provides $300,000 to eradicate coqui frogs across the state, including $100,000 each to Hawai'i County and Maui County.

Cruise ships (HB422 HD2 SD2 CD1)

Sets standards and provides monitoring for wastewater discharges and emissions from cruise ships.

Coastal light pollution (HB895 HD2 SD2 CD1)

Prohibits artificial light that directly illuminates the shoreline and ocean waters; limited exceptions for hotels and government agencies; directs authorities to minimize coastal light pollution.

Invasive species (SB956 SD1 HD1 CD1)

Expands the powers of state Department of Agriculture inspectors to establish rules requiring identification of specific articles on warehouse receipts, bills of lading, or other documents for the purpose of inspection because of pest risk.

Golf courses (HB109 HD1 SD2 CD1)

Prohibits golf courses and related facilities in agricultural districts; exempts golf courses, but not other facilities, on agricultural lands if granted approvals by July 1, 2005. Allows golf courses and related facilities on lands classified as rural.

Important agricultural lands (HB1640 HD3 SD2 CD1)

Establishes a process for the state to identify important agricultural lands, making it more difficult for development to occur; bars the state from designating more than 50 percent of any landowner's farmlands as "important" unless requested.

Solar panels (HB1017 HD3 SD2 CD1)

Allows homeowners to install solar energy panels on their townhouses and condominiums, with limited restrictions. Requires private groups to adopt rules regarding the placement of solar energy devices.

Energy efficient vehicles (SB1427 SD1 HD2 CD1)

Requires state agencies to incrementally increase the percentage of alternative fuel vehicles over the next decade.

FAILED

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.

Access to beaches

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

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.

Land use

Allows counties a one-time reclassification of agricultural land into rural land use districts.

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.

Shoreline enforcement

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.

MISCELLANEOUS

PASSED

Affordable housing (SB179 SD3 HD2 CD1)

Omnibus bill gives greater flexibility for developers seeking rental housing loans and grants; establishes a general excise tax exemption for developers who set aside half their units as affordable; gives priority over rental housing funds to those developers who provide units for those families making 80 percent or less of median family income; splits the Housing and Community Development Corp. of Hawai'i into two entities focusing on public housing and housing development.

Graduated licenses (HB150 HD2 SD2 CD1)

Creates a provisional driver's license between the permit and full license stages for those under 18; puts restrictions on the hours and number of passengers for those with provisional licenses; sunsets provisional licenses in five years.

Pet trusts (HB1453 HD1 SD1)

Allows pet owners to provide for the future care of their pets by validating trusts created for their care and maintenance.

Hawai'i Medal of Honor (HB8 HD1)

Establishes criteria for the Hawai'i Medal of Honor for military personnel who are killed in action.

Shark monitoring (SB1267 SD2 HD2 CD1)

Provides money for the state Department of Land and Natural Resources to hire a contractor to tag and monitor sharks on the Leeward Coast.

Culture and arts (SB1699 SD1 HD1 CD1)

Appropriates $175,000 for the State Foundation on Culture and the Arts.

Cultural public market (SB1721 SD2 HD2 CD1)

Establishes a cultural public market on state-owned land in Kaka'ako; orders the Hawai'i Community Development Authority to designate and develop the park.

Martial arts (SB768 SD1 HD1)

Sets requirements for fights involving no-rules-combat, extreme or ultimate fighting.

FAILED

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.

Traffic cameras

Establishes a red-light photo imaging detector system to improve enforcement of traffic signal laws.

Cell phones

Bans the use of cell phones while driving unless drivers use a hands-free device.

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.

Underwater tunnel

Provides money to update a feasibility study for a traffic tunnel under Honolulu Harbor; may also include studying a tunnel under Pearl Harbor.

Gun control

Raises the age for rifle and shotgun transfers from 18 to 21.

Salary compensation for active military

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.

Cable television

Allows a rebate to subscribers if annual fees exceed the regulatory program's administrative costs.

Motor vehicle noise

Increases fines for repeated violations of the motor vehicle muffler noise law.