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The Honolulu Advertiser

Posted on: Sunday, May 7, 2006

How major bills fared at the Capitol

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. The governor can also allow bills to become law without her signature. Lawmakers can override vetoes by two-thirds votes in each chamber.

GOVERNMENT

PASSED

Emergency storm aid
(HB970 HD1 SD1 CD1)
Provides about $60 million in emergency response for the recent heavy rains and flood damage, including money to survey dams.

Disaster preparedness
(SB2214 SD2 HD3 CD1)
Provides money to prepare for a natural disaster, including funds for an improved early warning system, emergency supplies, evacuation maps and disaster education.

Pet shelters
(HB3121 HD2 SD1 CD1)
Requires state Civil Defense to identify emergency shelters that are suitable for pets.

Kaka'ako
(HB2555 HD2 SD2 CD1)
Bars the Hawai'i Community Development Authority from selling land at Kaka'ako for a planned luxury residential development.

Kukui Gardens
(HB2239 HD1 SD2 CD1)
Directs the state to negotiate with developers to keep the Kukui Gardens complex affordable or have the state purchase the property.

Waimea Valley
(HB2400 Act 15)
Provides $1.6 million to assist in the purchase of Waimea Valley.

Judges
(SB995 SD1 HD1 CD1)
A constitutional amendment that would repeal the mandatory retirement age of 70 for state judges. The amendment will go before voters in November.

Sexual assault
(SB2246 SD1 HD2 CD1)
A constitutional amendment that would allow the state Legislature to define what constitutes the continuous sexual assault of a minor under 14. The amendment will go before voters in November.

Salary commission
(HB1917 HD2 SD2 CD1)
A constitutional amendment that would create a salary commission to make recommendations on salaries for judges, state lawmakers, the governor, the lieutenant governor and state department directors. The amendment will go before voters in November.

Agricultural bonds
(SB2479 HD1 CD1)
A constitutional amendment that would authorize the state to issue special purpose revenue bonds for agricultural projects on important agricultural land. The amendment will go before voters in November.

Legislative vacancies
(HB2454 HD1 SD2)
Requires the governor to fill vacancies for the state Legislature and the U.S. Senate from a list of candidates recommended by the political parties. Vetoed by the governor.

Adjutant general
(HB173 HD1 SD1)
Requires the adjutant general, who leads the state Civil Defense and the National Guard, to have at least five years of service in the National Guard. Vetoed by the governor.

FAILED

Campaign spending
Allows corporate officers to transfer unlimited amounts of money from their treasuries into corporate political action committees. Limits corporations from using partnerships and subsidiaries to bypass donation limits to candidates.

Lobbyists
Prohibits lobbyists from making political donations to state lawmakers, the governor or the lieutenant governor during session.

Public meetings
Requires 48-hour public notice for committee hearings, public hearings on internal House and Senate rules, and majority votes to suspend legislative rules.

Sunshine law
Empowers the state Office of Information Practices to go to Circuit Court to try to enforce rulings under the sunshine law or open-records law.

Elected attorney general
A constitutional amendment that would allow voters to elect the state's attorney general.



BUSINESS/TAXES

PASSED

Tax relief
(HB957 HD1 SD1 CD1)
Increases the standard income tax deduction to 40 percent of the federal level. Expands income tax brackets by 20 percent so certain taxpayers would pay lower tax rates. Provides tax credits of 10 percent or up to $10,000 to help offset damages from the 2004 Manoa flood or recent rainstorms.

Cigarette tax
(SB2961 SD1 HD1 CD1)
Increases the cigarette tax by 20 cents a pack for each of six years to raise $66 million for cancer research, emergency medical services, trauma care and community health centers.

Employment security
(SB2190 SD1 HD2 CD1)
Reduces the amount business have to pay into the unemployment insurance fund for two years. Expands unemployment benefits for workers from 26 weeks to 30 weeks, the highest in the nation.

Irrigation
(HB2179 HD2 SD2 CD1)
Establishes an irrigation repair and maintenance special fund to help more than a dozen irrigation systems statewide. The systems, once used for sugar and pineapple plantations, would help diversify agriculture.

Agricultural tourism
(HB2145 HD2 SD1 CD1)
Allows agricultural tourism at working farms as long as the tourism activity is not the principal agricultural use and does not interfere with surrounding farm operations.

Digital media tax credit
(SB2570 SD2 HD2 CD1)
Adds digital media to a motion picture tax credit of 15 percent of production costs on O'ahu and 20 percent on the Neighbor Islands. Caps the credit at $8 million per production.

Technology incubator
(SB2036 SD1 HD1 CD1)
Provides $400,000 through the state Department of Business, Economic Development and Tourism to establish an international business and technology incubator program.

Advertising
(HB2708 HD2 SD2 CD1)
Prohibits commercial advertising on vehicles.

FAILED

Internet taxes
Authorizes the state to join a compact with other states to help collect sales taxes on Internet purchases.

Innovation fund
Invests $100 million over four years to promote new technology.

Medical malpractice
Places a $500,000 cap on non-economic damages in medical malpractice claims against obstetricians, gynecologists and trauma care doctors.

Long-term care tax credit
Provides a $1,000 refundable tax credit for people providing long-term care.

Gas taxes
Suspends the general excise tax on gasoline for two years.

Aviation fuel taxes
Exempts aviation fuel from excise, use and fuel taxes under certain conditions.

Tax rebate repeal
A constitutional amendment to repeal an automatic tax rebate after two years of budget surpluses. State lawmakers would instead have the discretion to provide a rebate or put the money in the rainy day fund.

Conveyances
Provides money to hire nine staff positions at the state Bureau of Conveyances to help with a recording backlog in the land court branch.

Ko Olina tax credit
Repeals the attractions and educational facilities tax credit for Ko Olina Resort & Marina and Makaha Resort.

State auditor
Gives the auditor explicit authority to inspect all records and financial affairs at the state Department of Taxation.



EDUCATION

PASSED

Fix Hawai'i's Schools Act
(SB2956 SD2 HD2 CD1)
Provides $235 million to renovate classrooms and help address a backlog of repair and maintenance projects at public schools.

Weighted student formula
(SB3195 SD2 HD2 CD1)
Provides $20 million to help ease the transition to the weighted student formula at public schools and ensures no school will lose money next school year. Provides further funding to help address a teacher shortage.

Substitute teachers
(SB3197 SD2 HD1 CD1)
Ties substitute teachers' daily pay to the salary and wage increases of licensed class II teachers in the state Department of Education.

Standards-based curriculum
(SB3059 SD2 HD1 CD1)
Sets criteria for schools and complexes to follow when developing and implementing a standards-based curriculum.

Charter school administration
(SB2719 SD2 HD1 CD1)
Adopts many proposals developed by a task force on charter school governance and lifts the cap on start-up charter schools by allowing a new start-up when an existing one receives at least a three-year accreditation.

Charter school spending
(HB1900 HD1 SD1 CD1)
Overall state budget bill includes an additional $11.8 million for charter school per-pupil spending and $3.1 million for facilities costs.

Retired teachers
(HB1862 HD2 SD2 CD1)
Allows traditional public schools and charter schools to rehire retired teachers and administrators for certain full-time positions.

Substance abuse treatment
(SB2505 SD2 HD1 CD1)
Extends school-based substance abuse treatment programs to all middle schools, giving priority to schools with the greatest need.

DOE administration
(HB1865 HD1 SD2 CD1)
Creates a chief financial officer and secretary positions.

Early childhood education
(SB3101 SD2 HD2 CD1)
Creates an early learning task force, opens up more Head Start preschool spots and expands the Families for R.E.A.L. parent-child educational program.

Superintendent's annual report
(HB1861 SD1 CD1)
Repeals the requirement that the schools superintendent provide the state Board of Education with an annual report of principal transactions within the department.

Vocational education
(SB2887 SD1 HD1 CD1)
Directs the Hawai'i Teachers Standards Board to create alternative criteria and other measures of qualification for highly qualified vocational education and career pathway teachers.

Construction Academy
(SB2980 SD2 HD1 CD1)
Increases the number of high schools participating in the Construction Academy training program, which allows students to take classes in various construction trades and earn community college credits.

FAILED

Substitute teachers
Creates a collective bargaining unit for substitute teachers and part-time substitute teachers for the state Department of Education.

Teacher housing
Creates a loan program to help public school teachers with downpayments on housing.

Voluntary drug testing
Allows the state Department of Education to implement a voluntary and confidential drug testing policy in public schools.

Board of Education
Requires state Board of Education members to serve fulltime and creates a salary commission to set board member salaries.



CONSUMER PROTECTION/LABOR

PASSED

Gas cap
(HB3115 HD2 SD2 CD1 Act 78)
Indefinitely suspends a wholesale price cap on gasoline. Allows the governor the discretion to reinstate the cap if gas prices are high. Adds Singapore to the three Mainland markets used to calculate the cap if it is ever reinstated. Requires more transparency of oil company pricing and profit information.

Workers' compensation
(HB1867 HD1 SD2 CD1)
Ensures uninterrupted medical care for workers, even if the employer denies further treatment, until a decision is made by the director of the state Department of Labor and Industrial Relations.

Vocational rehabilitation
(HB2558 HD1 SD2 CD1)
Allows the director of the state Department of Labor and Industrial Relations to refer injured workers who cannot return to their jobs to the state Department of Human Services or to private vocational rehabilitation services.

Government employees
(HB3018 HD1 SD1 Act 57)
Clarifies that state and county contributions to the Employer-Union Health Benefits Trust Fund are irrevocable and can only be used for health and other benefits for workers and their dependents. The clarification may help the state meet new requirements from the Government Accounting Standards Board on the reporting of retiree health and pension benefits.

Civil rights
(HB1233 HD1 SD1 Act 76)
Prohibits discrimination in public accommodations based on sexual orientation or gender identity.

Language discrimination
(HB2778 HD2 SD2 CD1)
Prohibits discrimination against people with a lack of proficiency in English; creates a language access law; establishes a language access director and a language access advisory council within the state Department of Labor and Industrial Relations.

FAILED

Quest
Limits the amount of Quest patients reassigned to different healthcare providers under a new enrollment plan to 5 percent. Quest is the state's medical insurance program for the poor.

Health rate regulation
Extends a July sunset date on state regulation of health insurance rates. The regulation has been in effect since 2003.

VEBA
Allows other state employee unions to follow the Hawai'i State Teachers Association in creating voluntary trusts to provide health benefits.

Del Monte workers
Establishes low-interest loans and grants, rental assistance, and support services for Del Monte workers who have lost their jobs at the Kunia fields.

Public employment
Removes the requirement that applicants for state jobs must be state residents.

Meal breaks
Requires 30-minute rest or meal breaks after five hours of work unless otherwise specified by a collective bargaining agreement.

Sick leave
Prohibits companies from punishing or firing workers for the lawful use of sick leave.

Bottle law
Requires retailers in high-density urban areas and in rural areas to operate redemption centers.

Prescription drug prices
Makes it an unfair or deceptive trade practice to price prescription drugs at more than 30 percent higher than the price in any higher-income country.

Violent video games
Requires violent video games to be labeled. Prohibits the rental or sale of violent video games to minors. Sets fines of up to $1,000.

Mixed martial arts
Prohibits no-rules combat, extreme or ultimate fighting, and other similar contests.



CRIME

PASSED

Three violent strikes
(SB2260 SD1 HD1 CD1)
Requires mandatory prison sentences of 30 years to life after criminals are convicted of a third violent felony. Burglary is included on the list of violent felonies, but at least one of the convictions must be for another type of violent felony.

Wiretaps
(SB965 SD2 HD1 CD1)
Eliminates an adversarial hearing, where an attorney is appointed to challenge law enforcement, before wiretaps are authorized. Maintains judicial approval of wiretaps. Likely permits evidence gathered in federal wiretap investigations to be used in state cases.

Identity theft
(SB2159 SD2 HD1 CD1)
Increases the penalties for identity theft and makes it a crime to possess confidential personal information on other people without authorization.

Drunk drivers
(HB2639 HD2 SD2 CD1)
Creates a new penalty for highly intoxicated drivers who have an alcohol level of 0.15 or higher, nearly twice the legal limit for driving. Highly intoxicated drivers would face a mandatory six-month license revocation.

Underage drinking
(SB706 SD2 HD2 CD1)
Minors caught with alcohol would lose their driver's licenses for 180 days. Minors who do not have a license would have to wait until they are 17 or 180 days to get a license, whichever is longer. Judges could allow exemptions for driving to school or work.

Brush fires
(SB2941 SD1 HD1 CD1)
Allows the courts to charge people responsible for setting fires for the costs of fighting the fires. Makes parents liable for fires started by their children.

Arrest warrants
(HB3016 HD1 SD1 CD1)
Requires the Judicial Council to conduct a comprehensive review of the backlog of unserved arrest warrants.

Serving arrest warrants
(SB2581 SD1 Act 28)
Allows retired police officers to serve arrest warrants to reduce a backlog. Sunsets in June 2011.

Kapolei courts
(HB2500 HD2 SD2 CD1)
Provides $6 million for the state Judiciary to purchase land to one day expand a planned Kapolei court complex. Lawmakers turned down a request to cover $48 million in higher construction costs to build the project at its original size.

Animal cruelty
(SB2924 SD1 HD1 CD1)
Allows law enforcement to enter homes and seize pets if there is probable cause the animal is being abused. Permits the courts to impound animals while owners are facing criminal action.

Human trafficking
(HB2051 HD1 SD2 CD1)
Creates a task force to study how to protect the victims of human trafficking and recommend potential changes to state law.

FAILED

Pedestrian safety
Sets fines of $150 and license suspensions of 90 days for motorists who violate the state's crosswalk law. Establishes red-light cameras to catch speeding drivers.

Children in cars
Creates a violation for leaving young children unsupervised in vehicles. Adds a question about child supervision to the driver's license exam.

Unborn children
Creates new criminal offenses of murder, voluntary manslaughter, involuntary manslaughter and battery for abuses against pregnant women.

Women and unborn children
Creates new criminal offenses of voluntary manslaughter, involuntary manslaughter and negligent homicide for women who harm their unborn children.

Bounty hunters
Regulates the conduct of bounty hunters who track bail fugitives.



HEALTH/SOCIAL SERVICES

PASSED

Secondhand smoke
(SB3262 SD1 HD1 CD1)
Prohibits smoking in enclosed or partially-enclosed workplaces and public areas, including bars and airports.

Avian flu
(SB2348 SD1 HD1 CD1)
Provides more than $11 million to the state Department of Health to prepare for an outbreak of avian flu, including money to stockpile medication.

Keiki Care
(HB3116 HD2 SD2 CD1)
Creates a partnership with the Hawai'i Medical Service Association to provide health insurance to children who are not financially eligible for state insurance and not covered by private insurance.

Welfare
(SB475 SD2 HD1 CD1)
Increases the standard of need used to calculate cash assistance payments from the 1993 federal poverty level to the 2006 federal poverty level.

Welfare spending
(HB2258 HD1 SD2 CD1)
Requires the state Department of Human Services to submit a plan for spending federal welfare money to the state Legislature.

Trauma care
(HB3142 HD2 SD2 CD1)
Creates a special fund for the state Department of Health to help encourage the availability of trauma care.

Care homes
(SB3252 SD2 HD1 CD1)
Funds the coordination and development of family caregiver support services and expands the kupuna care services program.

Child passenger safety
(SB427 SD1 HD1 CD1)
Requires child safety seats or booster seats for children between 4 and 8 years old when riding in vehicles.

Moped safety helmets
(HB1899 HD1 SD1 Act 63)
Requires riders under 18 to wear a helmet while operating a moped.

Foster children
(SB2162 SD2 HD1 CD1)
Requires the state Department of Human Services to provide written consent so foster children can apply for drivers' licenses. Requires the foster child's parents to pay for car insurance and establishes provisions for payment if parents are unable to pay.

Child abuse reporting
(SB2327 SD2 HD1 CD1)
Requires school, agency or institution staff to immediately report suspected child abuse or neglect to the state Department of Human Services.

Child support
(HB2303 HD1 Act 34)
Allows income withholding to continue if back payments are still owed when a noncustodial parent's current child support obligations end.

Child support enforcement
(HB2287 HD1 Act 43)
Allows the Child Support Enforcement Agency to suspend various state licenses of individuals who renege on agreements to pay child support.

Criminal history record checks
(SB2343 SD2 HD2 CD1)
Requires criminal history record checks on people providing care or who otherwise have access to residents of healthcare facilities.

Pharmacy assistance
(SB3003 SD2 HD2 CD1)
Extends the income eligibility requirement to 150 percent of the federal poverty level for the pharmacy assistance program.

FAILED

Community notification
Requires that neighborhood boards and community associations be notified when halfway houses or drug and alcohol rehabilitation centers are proposed for their neighborhoods.

Flavored cigarettes
Bans the sale and distribution of flavored cigarettes.

Newborn children
Provides legal immunity for people who leave unharmed newborn children at hospitals, fire stations or police stations within 72 hours after birth.



ENVIRONMENT

PASSED

Renewable energy
(SB2957 SD2 HD2 CD1)
Establishes renewable energy tax credits; a "pay as you save" program for solar water heating systems; a biodiesel preference in state procurement law; a Hawai'i renewable hydrogen program; a hydrogen investment capital special fund; and state support for an alternative fuels standard.

Bottle law expansion
(SB3181 SD2 HD2 CD1)
Allows recycling of beverage containers up to 68 fluid ounces. Requires distributors to report the numbers of containers sold and pay fees on that basis. Allows refusal of refund for previously processed or baled containers.

Grounded vessels
(SB2360 SD2 HD1 CD1)
Allows the state to take immediate action when ships or other vessels are grounded on coral reefs or are in danger of breaking up.

Coqui frogs
(SB3076 SD1 HD1 CD1)
Designates coqui frogs as a pest subject to control or eradication by the state Department of Agriculture.

Litter control
(HB1955 HD1 SD1 CD1)
Increases the mandatory minimum fine for littering to $100.

'Opihi
(SB2006 SD3 HD2 CD2)
Prohibits the sale of edible 'opihi, except in certain circumstances where the shell is used to make jewelry.

Ahu o Laka
(SB2004 SD1 HD1 CD1)
Establishes the Ahu o Laka State Monument at the sandbar in Kane'ohe Bay off He'eia. Requires the state Department of Land and Natural Resources to adopt rules for protection and maintenance.

Forest protection
(SB2358 SD2 HD2 CD1)
Establishes penalties for violations of the forest reserves law; increases criminal fines for timber trespass; and allows all revenue from forest reserves to be deposited into the Forest Stewardship Fund.

Fishing rights
(SB2501 SD1 HD1 CD1)
Establishes a community-based subsistence fishing area in Ha'ena, Kaua'i. Authorizes the state Department of Land and Natural Resources and the ahupua'a inhabitants to regulate use. Extends the effective date of a statutory prohibition against net fishing in the Kahului Harbor to June 30, 2007, and repeals it after DLNR adopts rules regulating user conflicts in the harbor.

Limu management area
(SB895 SD1 HD2 CD1)
Establishes a limu management area along the shoreline in 'Ewa Beach and provides an exception for Hawaiian gathering rights.

Historic preservation
(HB2857 HD1 Act 45)
Establishes civil and administrative penalties for knowingly violating an approved mitigation plan for historic or cultural preservation on private property.

Environmental impact statements
(SB2145 SD2 HD2 CD1)
Requires and funds a comprehensive review of the environmental impact statement process. Appropriates money for the environmental council to contract with a consultant to coordinate the state's environmental justice activities.

FAILED

Hawaiian traditional practices
Establishes a pilot program in Wai'anae to designate areas in public parks for using plants and trees for Hawaiian traditional gathering practices.

Noise
Creates a misdemeanor for operating motored equipment, including lawn mowers, leaf blowers and other maintenance equipment between 7 p.m. and 7 a.m. daily.

Energy star
Provides a $50 tax credit to consumers on "energy star" appliance purchases of at least $300.



MISCELLANEOUS

PASSED

Affordable housing
(HB2176 HD2 SD2 CD1)
Provides $47 million to help repair and maintain existing shelters and public housing units; enable partnerships to open more housing options; and increases the allocation of conveyance tax revenues to the Rental Housing Trust Fund.

Affordable housing permits
(SB3000 SD2 HD1 CD1)
Requires agencies to expedite land use permits for affordable housing projects; allows counties to waive certain infrastructure requirements; and amends the approval process for affordable housing projects exempt from planning, zoning and construction standards.

Public housing evictions
(SB2332 SD2 Act 24)
Amends the definition of a public housing project to limit the applicability of the current administrative eviction process to tenants of federal housing projects.

County building architecture
(SB3180 SD1 HD2 CD1)
Requires counties to allow buildings to be designed using the practices, styles, customs and materials of Hawaiian architecture.

Abortion
(HB1242 HD1 Act 35)
Prohibits the state from interfering in a woman's right to choose an abortion. Repeals a residency requirement. Permits abortions to be performed in clinics and doctor's offices.

Reproductive rights
(SB2506 HD1 Act 25)
Abolishes the long-inactive reproductive rights protection committee and allows Family Court to maintain a resource list of advisers to make recommendations on the reproductive rights of developmentally disabled individuals.

State fish
(HB1982 HD2 SD1 Act 67)
Makes the humuhumunukunukuapua'a the official state fish.

Genetically engineered papayas
(SB1899 SD1 HD1 CD1)
Provides money to support deregulation so genetically engineered Hawaiian rainbow papayas can be sold in the Japanese market. Develops a marketing plan to promote papaya sales in Japan, China and the European Union.

Wine
(HB1968 HD1 SD1 CD1)
Establishes a permit process to allow Mainland wineries to ship wine directly to Hawai'i residents.

Bikeways
(HB2075 HD1 SD2 CD1)
Directs 2 percent of federal money in the state highway fund for bikeways.

Family visits to prison
(HB2595 HD1 SD2 CD1)
Restricts the state Department of Public Safety from canceling pre-approved and pre-scheduled family visits to inmates in cases where family members have incurred substantial travel costs.

International matchmaking
(HB2050 HD2 SD1 Act 74)
Allows immigrants recruited by international matchmaking organizations to access the domestic abuse and criminal records of potential mates.

Adult entertainment products
(HB2885 HD2 Act 32)
Requires businesses and individuals selling adult entertainment products to display them separately and obscure them from public view.

FAILED

Hokuli'a
Recognizes existing housing, including luxury home projects, on agricultural land as legal.

Vagrancy
Repeals a petty misdemeanor offense for squatters in public parks and recreation areas.

Political advertising
Restricts the size and location of political campaign signs outside of homes.

Honey
Requires honey to be labeled with its country of origin and the amount of natural and artificial sweeteners.


Correction: A bill to improve access to government services for non-native English speakers (House Bill 2778 HD2 SD2 CD1) passed through the Legislature. A previous version of this list said it failed.