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The Honolulu Advertiser
Posted on: Sunday, March 11, 2007

LEGISLATURE 2007 STATUS REPORT
Bills that are alive, or failing, at the Capitol

 •  Legislature 2007
Read up on the latest happenings in the Legislature, find out how to contact your lawmakers, and explore other resources.

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.

GOVERNMENT

PASSING

Ethics
(HB 1909 HD 1)

Establishes new ethics committees in the state House and Senate.

Conflicts of interest
(HB 909 HD 1)

Expands the conflicts of interest section in the state ethics code.

Gift reporting
(HB 975 HD 1)

Requires legislators and government employees, their spouses and children to report gifts valued more than $100, down from the current $200 threshold.

Financial disclosure for judges
(SB 945)

Requires judges to file financial disclosure statements with the state Ethics Commission.

Campaign finance
(SB 1068 SD 1)

Increases the amount candidates can spend per voter if they voluntarily agree to limit overall campaign spending and accept partial matching public funds.

County campaign finance
(HB 661 HD 1)

Creates comprehensive public funding for elections for county council.

Age qualification
(SB 966; HB 1023)

Amends the state Constitution to lower the age requirement to run for governor or lieutenant governor from 30 to 25 years old.

Voting by mail
(SB 156 SD 2)

Allows voting by mail for all elections after a determination of the economic and administrative feasibility by the state’s chief election officer.

Permanent absentee voting
(HB 764 HD 2)

Allows for permanent absentee voter status.

Election Day registration
(HB 1133 HD 1)

Authorizes voter registration on Election Day.

Primary election date
(HB 1131 HD 1)

Moves the date of the primary election from the last Saturday in September to the second Saturday in August.

Presidential elections
(SB 1956)

Allows the state to join an interstate compact to elect the president by national popular vote, rather than by the Electoral College.

UH Board of Regents
(SB 14 SD 1)

Creates an advisory council to screen and propose regent candidates to the governor.

Legislative vacancies
(SB 1063 SD 1)

Requires the governor to fill vacancies in the state House, state Senate or U.S. Senate from a list of three nominees selected by the political parties.

Judicial Selection Commission
(SB 948 SD 1)

Amends the state Constitution to reduce the number of judicial nominees for the governor and the chief justice to choose, when filling vacancies, from four to six nominees down to three nominees.

Office of Planning
(SB 849)

Adds the director of the Office of Planning to the nominees that must receive the advice and consent of the Senate.

State land sales
(SB 1923 SD 2; SB 1924 SD 2)

Requires two-thirds majority approval by the state House and Senate before state lands are sold or exchanged for private lands.

Outdoor advertising
(HB 1832 HD 1)

Limits the size of signs on residential property — including campaign signs.

Sunshine law
(HB 128 HD 1)

Allows more than two board members to discuss business at board meetings and other events, provided they do not have quorum.



FAILING

Drug testing

Allows for random drug testing of all elected officials.

| GOVERNMENT | BUSINESS/TAXES | EDUCATION | CONSUMER PROTECTION/LABOR |
CRIME | HEALTH/SOCIAL SERVICES | ENVIRONMENT | MISCELLANEOUS |



BUSINESS/TAXES

PASSING

Oil industry monitoring
(SB 990 SD 2)

Strengthens the Public Utilities Commission's authority to monitor the petroleum industry and provides money and staff to carry out the work.

Superferry
(SB 1276 SD 3)

Orders the state Department of Transportation to conduct and pay for an environmental impact statement on the effect of Hawai'i Superferry on state harbors. The intent is not to interfere with the scheduled July launch of ferry service.

Anti-speculation
(HB 1002 HD 2)

Assesses a graduated anti-speculation tax on capital gains realized on real property held less than two years and puts the money collected into the Rental Housing Trust Fund

Ko Olina and Makaha Tax Credit
(HB 1277 HD 2)

Repeals the Ko Olina Resort and Marina and Makaha tax credit.

Innovation
(SB 1365 SD 2)

Urges the state Employees' Retirement System to consider investing in local high-tech companies.

Creative media
(SB 1922 SD 2; HB 338 HD 2)

Devotes money for a permanent facility in the state for the Academy for Creative Media at the University of Hawai'i, a digital media incubator, and a music development program at Honolulu Community College.

Streamlined sales tax
(SB 1840 SD 1)

Amends state tax law so the state can fully participate in the Streamlined Sales Tax Project with other state governments. The goal is to simplify and modernize sales and use tax collection and administration.

Digital media tax credit
(SB 1920 SD 2)

Raises the digital media and film production tax credits from 15 percent to 20 percent on O'ahu and 20 percent to 25 percent on the Neighbor Islands.

High-tech tax credit reports
(SB 898 SD 1; HB 1631 HD 2)

Requires the state Department of Taxation to report annually on high-tech tax credits to properly evaluate their effectiveness. House version requires businesses claiming the credit to file an annual survey on employment within the state.

Earned-income tax credit
(SB 1919 SD 2; HB 1799 HD 1)

Provides for a state earned-income tax credit targeted at the working poor.

Income tax credit
(SB 148 SD 2; HB 1434)

Provides a credit for every taxpayer as required by the state Constitution after two consecutive years when the budget surplus exceeds 5 percent of expected revenues.

Food tax credit
(SB 1882 SD 2; HB 707 HD 1)

Provides a sliding tax credit for the purchase of food based on a taxpayer's adjusted gross income.

New markets tax credit
(SB 707 SD 2)

Provides a tax credit for equity investments in community development. The credit, like a similar federal credit, may help channel Mainland investment into community development projects.

Technology and innovation center
(HB 1781 HD 2)

Provides money for a technology and innovation center on O'ahu.

Responsible Corporations Act
(HB 687 HD 1)

Establishes a task force to determine how to promote responsible companies that consider the public interest when doing business.



FAILING

Repeal of tax credits

Repeals all tax credits and exemptions except for those pertaining to individual income tax beginning in 2009.

| GOVERNMENT | BUSINESS/TAXES | EDUCATION | CONSUMER PROTECTION/LABOR |
CRIME | HEALTH/SOCIAL SERVICES | ENVIRONMENT | MISCELLANEOUS |



EDUCATION

PASSING

Weighted student formula
(SB 1136 SD 2)

Provides extra money outside the weighted student formula for students in geographically isolated schools, multitrack schools and small schools, and for students who have recently moved or have difficulty speaking English.

Charter school oversight
(SB 603 SD 2)

Expands the duties of the charter school review panel and clarifies how the executive director of the charter school administrative office is appointed and evaluated. Updates the charter school funding formula.

Teacher drug testing
(SB 96 SD 3)

Requires the state Department of Education to drug-test teachers and others who work with children when there is a reasonable suspicion of drug use.

Innovation in education
(HB 1268 HD 3)

Establishes public school, university and professional development programs to increase readiness and motivation of public school students to pursue higher education and careers in science, technology, engineering and mathematics.

Class size
(SB 1143 SD 2)

Encourages the state Department of Education to lower class sizes in kindergarten through second grade. Clarifies the selection process for teachers and elementary and middle-school students on School Community Councils.

Smaller learning communities
(SB 1152 SD 2)

Encourages smaller learning communities at public schools.

Education accountability
(SB 1933 SD 2)

Targets better fiscal accountability, enhances the role of the University of Hawai'i in research and policy development, promotes early childhood education and provides money for math textbooks and materials.

Teacher licensing
(SB 605 SD 1)

Authorizes state teacher licenses for licensed teachers moving from California, Colorado, Illinois, Michigan, New York, Oregon and Washington. Encourages the teacher standards board to recognize licensed teachers from other states.

Technology workforce development
(HD 1630 HD 2)

Provides money into the Hawaii 3Ts School Technology Laboratories Fund to maintain the Project EAST program and expand it statewide.

Debit cards
(HB 564 HD 1)

Allows principals to establish a debit card system for the purchase of school supplies and other related curriculum support items.



FAILING

Physical education

Requires all public elementary and middle schools to include at least 200 minutes of physical instruction every 10 school days.

School bullying

Requires the state Department of Education to adopt rules prohibiting bullying and cyber bullying.

Funding for schools

Provides funding for public schools at the classroom level, rather than the administrative level.

Charter schools

Increases the number of charter schools, establishes permanent facilities funding and transfers authority of the charter school administrative office to the charter school review panel.

Disruptive and violent students

Allows a teacher or school bus driver to remove from the classroom or bus any student who is guilty of disorderly conduct, or threatens, abuses, intimidates or willfully disobeys a school employee or uses obscene or profane language.

| GOVERNMENT | BUSINESS/TAXES | EDUCATION | CONSUMER PROTECTION/LABOR |
CRIME | HEALTH/SOCIAL SERVICES | ENVIRONMENT | MISCELLANEOUS |



CONSUMER PROTECTION/LABOR

PASSING

Bottle law
(SB 1702 SD 2)

Requires supermarkets and big-box retailers to serve as redemption centers for recycled bottles and cans under the state's bottle law.

Gas price gouging
(SB 1419 SD 1)

Makes gas price gouging an unfair or deceptive trade practice. Protects consumers from price gouging during abnormal market disruptions.

Identity theft
(SB 331 SD 3)

Provides money to the state auditor to research ways to protect electronic data, particularly Social Security numbers listed in public records.

Unemployment insurance
(HB 1500 HD 2)

Raises the maximum weekly unemployment benefit to 80 percent of the average weekly wage, changes the employer's contribution rate.

Check cashing
(SB 1935 SD 1)

Empowers the state Department of Commerce and Consumer Affairs to regulate the check-cashing industry to help protect consumers from excessive debt.

Ethanol
(HB 791 HD 1)

Creates different ethanol requirements by gasoline grade, including making available gasoline with no ethanol content.

Pesticides
(HB 1646 HD 2)

Requires retailers who sell pesticides to post signs informing consumers of proper handling and storage of pesticides and information regarding poisoning.

Statewide wireless access
(HB 310 HD 2)

Establishes a task force to look into creating a state owned and operated wireless network and requires the state auditor to develop a plan for a high-speed Internet access system.

Meal breaks
(HB 758 HD 2)

Requires employers with 50 or more employees to allow rest or meal periods for those who work more than five consecutive hours. Repeals the exclusion of those whose employment is governed by the federal Fair Labor Standards Act from the definition of "employee" under the state's labor law.

Workers' compensation
(HB 763 HD 2)

Amends the law to limit an employer's ability to terminate benefits, authorizing recovery of attorney's fees and costs by the injured employee, specifying procedures for medical examinations by the employer's physician, establishing fines for violations, requiring reporting of denied claims, and further restricting the director of Labor and Industrial Relations' rulemaking authority.

Medical care for injured employees
(HB 855 HD 1)

Ensures uninterrupted medical care is provided to an injured employee, even if the employer denies further treatment, until a final decision is made by the state.

Prescription drugs
(SB 816 SD 2)

Creates a new state pharmacy assistance program by merging the Hawai'i Rx Plus program and the current state pharmacy assistance program that coordinates the Medicare Part D drug benefit. The new program would attempt to offer lower cost prescription drugs.



FAILING

Mental distress

Disallows workers’ compensation claims for mental illness or injuries caused by a personnel matter.

Sick leave

Prohibits employers from retaliating against employees for using sick leave.

New business owners

Requires business owners who acquire a property to retain employees.

Childcare

Requires the state to provide childcare facilities for state workers.

| GOVERNMENT | BUSINESS/TAXES | EDUCATION | CONSUMER PROTECTION/LABOR |
CRIME | HEALTH/SOCIAL SERVICES | ENVIRONMENT | MISCELLANEOUS |



CRIME

PASSING

Pedestrian rights
(HB 375 HD 1)

Clarifies a driver's duty to stop or yield the right of way to a pedestrian in a crosswalk when traffic-control signals are not in place or not in operation. Establishes fines for drivers and pedestrians who break the law.

Crosswalks
(SB 1191 SD 2; HB 806 HD 2)

Provides money to the state Department of Transportation to conduct a pilot study to identify state and county intersections where the time to cross is insufficient for the elderly.

Honolulu crosswalks
(HB 357 HD 2)

Creates a pilot project to test crosswalk safety enhancements in Honolulu.

Red-light cameras
(HB 351 HD 2)

Authorizes counties to conduct a photo red-light detector system.

Driving with cell phones
(HB 156 HD 1)

Prohibits the use of cell phones while driving unless used with a hands-free accessory. Exempts mobile radios. Prohibits transit drivers from using cell phones while their vehicles are in motion.

Car accident investigations
(HB 362 HD 1)

Allows for the immediate removal of a motor vehicle from the scene of an accident where no serious, substantial or bodily injury has occurred.

Copper theft
(SB 1332 SD 2; HB 1246 HD 1)

Creates a third-degree felony offense for the theft of one pound or more of copper. Adds new restrictions on the sale and purchase of copper by scrap dealers.

Repeat sex offenders
(HB 516 HD 1)

Provides for sexual offenders to be put on lifetime probation upon their release from prison after their third conviction.

Sex offender name changes
(SB 1334 SD 1)

Makes it more difficult for convicted sex offenders to change their names by simply applying for a change with the lieutenant governor's office. Name changes could be granted by the courts.

Arrest warrants
(SB 959 SD 2)

Provides money for an automated and centralized warrant management system that can be accessed by all law enforcement personnel.

Mainland prisoners
(SB 917 SD 1)

Urges the state to bring women prisoners held on the Mainland back to the state by July 2009. The state would also have to identify three sites for a minimum security prison, study the possible sale of the O'ahu Community Correctional Center site, and submit quarterly reports on the status of Mainland prisoners.

Animal cruelty
(SB 1665)

Creates a new offense of aggravated cruelty to pets.

Fake identification
(HB 1058 HD 2)

Subjects minors who use fake identification to license suspensions or fines for using the ID to buy alcohol or enter establishments that require them to be 18 or 21.

Civil liability
(SB 1339 SD 1)

Makes statements or gestures expressing sympathy, commiseration, or condolence concerning consequences of an event inadmissible in civil liability. Statements of apology or fault remain admissible.

Save haven
(HB 1830 HD 2)

Provides immunity from prosecution for leaving an unharmed newborn at a hospital, fire station or police station within 72 hours of birth.



FAILING

GPS tracking for sex offenders

Allows judges to require sex offenders to wear global positioning system transmitters for up to 10 years.

Automated victim notification system

Establishes a statewide system to provide victims of crime with the current custody status of the defendant in the crime.

| GOVERNMENT | BUSINESS/TAXES | EDUCATION | CONSUMER PROTECTION/LABOR |
CRIME | HEALTH/SOCIAL SERVICES | ENVIRONMENT | MISCELLANEOUS |



HEALTH/SOCIAL SERVICES

PASSING

Children's healthcare
(SB 1918 SD 2; HB 1008 HD 2)

Creates a three-year pilot program to provide health coverage for children who are not eligible for other state or federal healthcare and do not have private insurance. Expands eligibility requirements for the state's health program for the poor to cover more children.

Kahuku Hospital
(SB 952 SD 2; HB 843 HD 2)

Authorizes the Hawai'i Health Systems Corp. to acquire the financially troubled Kahuku Hospital.

Health rate regulation
(SB 12 SD 2)

Prohibits health insurance rates that are excessive. Requires health insurers to submit rate filings for state approval.

Healthcare taxes
(HB 223 HD 3)

Provides money to support the state's trauma system, statewide air evacuation, rural hospitals, and the uninsured.

Doctor reimbursements
(SB 1678 SD 2)

Requires healthcare plans to increase Medicare and Medicaid reimbursements to doctors.

Family caregiving
(SB 1916 SD 2)

Provides money to expand services for care recipients and family caregivers.

Healthcare tax exemption
(SB 11 SD 3)

Exempts medical services, hospital charges, and rehabilitation services from the county surcharge on the state's general excise tax.

AIDS research
(SB 50 SD 1)

Provides money to continue the Hawai'i AIDS clinical research program.

Hospital and nursing home safety
(SB 153 SD 1)

Provides money to assess the structural integrity of hospitals and nursing homes and their ability to withstand natural disasters.

Maui health affiliate
(SB 1792 SD 3)

Establishes a Maui regional affiliate to the Hawai'i Health Systems Corp.

Small-business health insurance
(HB 1479 HD 2)

Requires group health insurers to offer all group health plans to self-employed individuals in their area.

Hawai'i Rx Plus
(HB 10)

Makes rebate agreements between drug manufacturers and the state mandatory.

Reciprocal beneficiaries
(HB 1290 HD 1)

Recognizes gay couples and others who register as partners in the state's Employer-Union Health Benefits Trust Fund.

Tobacco sales
(HB 527 HD 2)

Prohibits the sale of cigarettes from self-service displays.

Psychologists
(SB 1004 SD 2; HB 1456 HD 2)

Authorizes psychologists who practice at federally qualified health centers to prescribe certain drugs.



FAILING

Medical-malpractice reform

Places a cap on certain non-economic damages in lawsuits.

Civil unions

Allows gay couples to enter into civil unions and receive many of the same benefits as marriage.

Vaccines

Requires health insurers to cover the human papillomavirus vaccination for young people and directs the state to include it in the Teen Vax program.

Mainland patient transfers

Requires hospitals to notify the Hawai'i Disability Rights Center before transferring patients to the Mainland for long-term care.

| GOVERNMENT | BUSINESS/TAXES | EDUCATION | CONSUMER PROTECTION/LABOR |
CRIME | HEALTH/SOCIAL SERVICES | ENVIRONMENT | MISCELLANEOUS |



ENVIRONMENT

PASSING

Dam safety
(SB 1946 SD 2; HB 1905 HD 3)

Grants the state Department of Land and Natural Resources the right to enter public and private property to inspect dams. Allows the Board of Land and Natural Resources to direct dam owners or to take immediate action to initiate emergency measures to ensure public safety.

Genetically modified taro
(SB 958 SD 1 HD 1)

Places a 10-year moratorium on the development of genetically modified taro.

Genetically modified coffee
(HB 1577 HD 1)

Temporarily prohibits growing genetically modified coffee, but allows research in environmentally secure facilities.

'Opihi
(SB 6)

Prohibits the sale of all Hawaiian species of edible 'opihi, except when the 'opihi shell is at least one and one-fourth inches in diameter and is used to make a curio or jewelry.

Taro
(SB 950; HB 659 HD 2)

Establishes taro as the state plant.

Invasive species
(SB 1066 SD 2)

Requires the state Department of Agriculture to charge an inspection fee to check for invasive species at state ports. Creates a fund to pay for inspection and quarantine treatment.

Biofuels
(SB 1943 SD 2)

Allows biofuel processing facilities in agricultural districts. Establishes an energy feedstock program to develop a baseline percentage of energy feedstock grown in the state.

Greenhouse gas emissions
(HB 226 HD 2)

Requires the state Department of Health to report and verify greenhouse gas emissions and monitor and enforce compliance.

Ahu Moku Councils
(HB 1948 HD 2)

Establishes a commission to create councils that will advise on all matters regarding the state's natural resources.

Depleted uranium
(HB 1452 HD 1)

Requires the state Department of Health to take soil, air and water samples within 500 miles of all military bases every three months to check for depleted uranium.

Solar energy
(SB 644 SD 3)

Requires solar water heaters in new homes built starting in 2009. Expands tax credits for solar heaters in existing homes.

Walking trails
(HB 1028 HD 1)

Designates the Pi'ilani trail from Makena to Kapalua as an important Hawaiian coastal cultural heritage corridor and provides money for trail improvements and planting native Hawaiian plants.

Shoreline setbacks
(HB 1037 HD 1)

Requires agencies to account for sea-level rise and minimize risks from coastal hazards such as erosion, storm inundation, hurricanes and tsunamis. Preserves public shoreline access and extends the shoreline setback to 40 feet.

Game management
(HB 1831 HD 1)

Requires public and private game management areas to be fenced.

Fishing restrictions
(HB 1848 HD 2)

Prohibits any fishing ban or limitation unless certain standards and procedures are followed. Establishes the Hawai'i fishery policy task force.

Kawai Nui Marsh
(HB 1899 HD 2)

Requires Honolulu to transfer Kawai Nui Marsh to the state.



FAILING

Shark feeding

Expands ban on shark feeding activities to prohibit all commercial shark feeding.

| GOVERNMENT | BUSINESS/TAXES | EDUCATION | CONSUMER PROTECTION/LABOR |
CRIME | HEALTH/SOCIAL SERVICES | ENVIRONMENT | MISCELLANEOUS



MISCELLANEOUS

PASSING

Permit review
(HB 1001 HD 2)

Creates an expedited process for county review and decision on planning, zoning and construction exemptions sought by developers of affordable rental projects.

Public housing
(HB 150 HD 2)

Increases the share of the conveyance tax dedicated to the Rental Housing Trust Fund and appropriates funds to repair and renovate public housing, provide outreach and support services to the homeless, operate emergency and transitional shelters and provide Shelter Plus Care grants.

Sustainability
(SB 1925 SD 2)

Expedites state permits for developers who incorporate affordable housing, renewable energy, recycling and open space elements into new housing projects.

Affordable housing
(SB 1917 SD 3)

Extends shift of conveyance tax revenues to the Rental Housing Trust Fund and requires the state to create an affordable housing inventory registry. Provides money for homeless and housing-assistance programs.

Low-income housing bonds
(SB 823 SD 1)

Allows low- and moderate-income housing projects to be financed through special-purpose revenue bonds to reduce costs.

Kukui Gardens
(SB 1103 SD 2; HB 667 HD 1)

Provides money to help keep the Chinatown housing project affordable for residents. Authorizes the state to hold title to the land and allows the state to contract with a private nonprofit to manage the property.

Disaster preparedness
(HB 1006 HD2)

Establishes a new office and commission to develop a state plan to better identify risks and potential responses to natural disasters.

Earthquake tax relief
(SB 798 SD 3)

Provides a one-time tax credit for victims of last October's Big Island earthquakes.

Ag lands tax credit
(SB 1221 SD 2; HB 902 HD 2)

Provides a tax credit for agricultural businesses on important agricultural lands.

Low-income tax credit
(HB 501 HD 1)

Increases the low-income refundable tax credit

Personal tax exemption
(HB 502 HD 1)

Increases the personal exemption.

Cost of living adjustment
(HB 881 HD 1)

Adjusts the standard deduction and personal exemption for inflation.

Toll highways
(HB 70 HD 3)

Allows the state to enter into agreements with the private sector to develop toll highways.

Mixed martial arts
(SB 1712 SD 2; HB 1866 HD 3)

Gives the state the licensing authority over mixed martial arts contests. Prohibits no rules combat or extreme or ultimate fighting.

Gambling
(HB 1836 HD 1)

Amends the definition of gambling to include sweepstakes, even if the entry can be obtained without payment.

Abandoned vehicles
(HB 895 HD 2)

Allows counties to increase registration fees to defray costs associated with the storage of abandoned or derelict vehicles. Increases towing, storage and overtime fees that companies are currently allowed to charge. Decreases the number of days in which the owner of the towed vehicle must be notified.



FAILING

Smoking in bars

Exempts smoking in bars, nightclubs and restaurants from the anti-smoking law if they obtain a new license under state liquor law.