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The Honolulu Advertiser
Posted on: Sunday, March 9, 2008

Bills that are alive or failing at the Capitol

 •  Legislature 2008
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

Harbor modernization
(SB3227 SD2; HB3406 HD1)

Expands the authority of the Aloha Tower Development Corp. to assist in developing a state harbors modernization plan and authorizes the issuance of revenue bonds to finance the harbor improvements.

OHA settlement
(SB2733 SD2)

A proposed $200 million settlement between the state and the state Office of Hawaiian Affairs, which would use a combination of land transfers and about $13 million in cash to settle OHA's decades-old claims on revenues from lands once held by the Hawaiian monarchy.

Corporate campaign contributions
(SB2204 SD1)

Clarifies state campaign finance law so corporations can use unlimited amounts of corporate treasury money for corporate political action committees. Increases the donation threshold for naming contributors in campaign-finance reports from $100 to $250.

County campaign finance
(HB661 HD1)

Creates comprehensive public funding for county council elections.

Mandatory retirement for judges
(SB3202)

A proposed amendment to the state constitution to extend the mandatory retirement age for judges from 70 to 80 years of age.

Emergency powers
(HB2664; SB2828 SD2)

Clarifies the governor's use of emergency powers and that the governor cannot suspend laws unless there is a tangible and measurable threat to the people or the state.

Pardons
(SB2081 SD1)

Requires the governor to give a minimum of 30 days public notice for intended pardons.

Public safety
(HB2685 HD1)

Directs the state Department of Public Safety and the Office of Planning to plan the construction and operation of a new minimum-security facility at a site with appropriate access to courts, public transportation and other support services and plan for additional community custody beds at O'ahu Community Correctional Center.

Absentee voting
(SB2562 SD1)

Authorizes permanent absentee voting.

Presidential elections
(SB2898 SD1)

Allows the state to enter into a compact to elect the president by national popular vote rather than by the Electoral College.

Sunshine law
(SB2174)

Allows two or more members of a board to discuss official board business, so long as the two or more board members do not make or seek a commitment to vote and they do not constitute a quorum.

Public meetings
(SB2295 SD1)

Allows two or more board members to discuss their individual positions or attend meetings or presentations relating to board business under certain circumstances. Allows members to be polled on official board business outside of meetings under certain circumstances.

Land reclassification
(HB2522)

Allows county land use authorities to reclassify lands not more than 50 acres.



FAILING

Mass transit

Suspends a general-excise tax surcharge if Honolulu fails to choose the technology for a mass-transit project by June.

Road repairs

Requires the state Department of Transportation to identify 10 critical road repair projects each year and then commit to do the work.

Traffic fines

Transfers a percentage of uncontested traffic fines to the county in which the infraction occurred.

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



BUSINESS/TAXES

PASSING

Turtle Bay Resort
(SB2423 SD2)

Directs the state to acquire the Turtle Bay Resort to preserve land on the North Shore.

Galbraith Estate
(SB2421 SD2)

Authorizes the state Department of Land and Natural Resources to acquire lands owned by the Galbraith Estate in Central Oahu.

Coco Palms
(SB3221 SD2)

Provides matching funds for the state Board of Land and Natural Resources in partnership with other public and private nonprofit entities to acquire the Coco Palms Resort on Kaua'i and convert it into a public historical park and cultural education center.

Hawai'i Medical Center
(HB2758 HD2)

Requires the state to defer general-excise tax collection on the Hawai'i Medical Center, the struggling for-profit hospital group that took over the former St. Francis Medical Center hospitals.

HHSC
(SB3083 SD2)

Provides a $25 million emergency appropriation for the Hawai'i Health System Corp., the state's quasi-public hospital system.

Oil industry monitoring
(SB2630 SD2)

Clarifies the reporting and publishing requirements of the state Public Utilities Commission to more accurately reflect information reported by the oil industry.

Income tax credit
(SB2153 SD1)

Provides a mandatory tax credit required by the state constitution after two consecutive years where the budget surplus exceeded projected revenues by 5 percent.

Important ag land incentives
(SB2646 SD2; HB2357 HD1)

Establishes incentives for the designation of important agricultural lands, such as tax exemptions and credits.

Important ag land
(HB2807 HD2)

Allows landowners who have been granted declaratory orders from the Land Use Commission to designate all or some of their land as important agricultural land and offers incentives for affordable housing.

Land conservation
(HB2518 HD1)

Provides a tax credit to encourage the preservation and protection of conservation land.

Streamlined sales tax
(SB2829 SD2)

Amends state tax law so the state can fully participate in the Streamlined Sales Tax Project with other states.

Aviation taxes
(SB2913 SD2)

Exempts from the general excise and use taxes fuel sold from a foreign trade zone that is used by common carriers for interisland air transportation.

Hotel renovations
(HB2985 HD1)

Provides a tax credit equal to 15 percent of the costs of hotel renovations.

Renewable energy
(HB3064 HD2; SB2986 SD2)

Makes the renewable energies tax credit refundable for taxpayers with adjusted gross incomes of $20,000 or less or taxpayers whose taxable income is exclusively pension or state retirement income.

Maui flood
(HB2857 HD2)

Provides a one-time nonrefundable tax credit to assist the victims of the December 2007 flood and wind storm in upcountry Maui and other affected areas.

Small business rights
(HB2736 HD1)

Establishes a small business bill of rights.



FAILING

Graffiti

Increases penalties for graffiti. Establishes a special fund and graffiti abatement crews. Provides immunity for graffiti abatement crews when entering private property to eliminate graffiti.

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



EDUCATION

PASSING

UH facilities
(HB2521 HD2)

Creates a special fund dedicated to repair and maintenance of UH facilities for the next six fiscal years.

School facilities fund
(HB602 HD2)

Requires that $90 million be deposited into the state treasury each fiscal year for a special fund for public school capital improvement needs.

Facilities commission
(HB2972 HD1)

Creates the Facilities Alignment Commission to establish criteria for the selection of public schools to be constructed, expanded, consolidated or closed, and recommend areas for new school construction or consolidation.

Early learning
(HB2973 HD2; SB2878 SD2)

Establishes an early learning system and creates the Early Learning Council. Establishes the Keiki First Steps program.

Online learning
(HB2971 HD1)

Directs the state Department of Education to implement recommendations of the online learning task force.

Aloha Stadium transfer
(HB2429 HD1)

Creates the University of Hawai'i stadium corporation and transfers jurisdiction over Aloha Stadium to the corporation.

Substitute teachers
(HB2792 HD2)

Requires the Board of Education to give wage adjustments for substitute teachers comparable to wage adjustments negotiated for teachers in collective bargaining unit 5.

Veteran tuition
(HB2588 HD1)

Grants veterans resident tuition status in the University of Hawai'i system for a total of 36 months.

Special education hearings
(HB2186 HD2)

Allows one year for parents, guardians or the state Department of Education to request an impartial hearing regarding reimbursement for the costs of a child's unilateral placement in special education.

Special education
(SB2879 SD2)

Establishes a power of attorney for special education. Establishes a process to appoint a surrogate decision-maker for an adult or child who lacks capacity.

VEBA trust
(SB2262 SD1)

Extends the sunset for a Voluntary Employees' Beneficiary Association pilot program to July 2011. The program is set to expire in July 2009.

Non-school-hour programs
(SB2822 SD2 )

Appropriates Temporary Aid for Needy Family funds for non-school-hour programs. Appropriates funds for the Safe Haven after-school program on the Big Island. Establishes a task force on non-school-hour programs and appropriates general funds for non-school hour activities.

Teacher shortage
(SB3252 SD2)

Addresses the teacher shortage problem in the state through various initiatives.



FAILING

Debit card system

Allows public school principals to establish a debit card system at the individual school level to purchase school supplies or curriculum support supplies.

Teacher bill of rights

Allows teachers or school bus drivers to exclude students guilty of disorderly conduct, interfering with an orderly educational process, threatening, abusing, or using abusive or profane language directed at a school employee.

Teach for America

Makes an appropriation to hire 10 teachers from the Teach for America Program to teach in high-needs schools.

Cyber safety

Creates a cyber safety pilot project aimed at protecting school children by educating students, teachers, and parents about how to avoid dangers on the Internet.

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



CONSUMER PROTECTION/LABOR

PASSING

Charities and nonprofits
(SB3171 SD2)

Requires charitable trusts and nonprofits to register and file annual financial reports with the attorney general. Prohibits contracting with unregistered solicitors. Requires a report submittal fee based on total revenue of organization.

Public works investigations
(HB2927)

Amends public works law to require a three-year suspension for any government contractor that delays an investigation or falsifies records.

Workers' compensation
(HB2386)

Requires an employer to pay temporary total disability benefits regardless of whether the employer controverts the right to benefits. Specifies that the employee's ability to return to work is to be decided by the employee's treating physician.

Vocational rehabilitation
(HB2479 HD1)

Expands eligibility for vocational rehabilitation to workers who are deemed unable to return to their regular jobs and are not offered work at the pre-injury earnings level.

Wireless 911 surcharge
(SB2958 SD1)

Lowers a customer surcharge for an enhanced wireless emergency system from 66 cents to 43 cents per month.

Asset building
(SB2839 SD2)

Establishes a public financial education and asset building task force to develop policy recommendations.

Small-business health insurance
(SB2530 SD2)

Requires group health insurers to offer small group health plans to self-employed individuals who meet certain requirements.

Paid family leave
(HB2520 HD3)

Amends the temporary disability insurance law to permit eligible employees to collect up to four weeks of temporary disability insurance benefits to care for a family member with a qualifying disability.

Parking tickets
(HB2618 HD2)

Clarifies that the registered owner of a motor vehicle is responsible for paying outstanding parking citations even after transferring ownership of the vehicle unless the owner is a lessor of a U-drive vehicle.

Scrap dealers
(HB2347 HD1)

Clarifies that it is a misdemeanor to either conduct unlicensed activity as a scrap dealer or fail to obtain a written statement from the seller certifying the seller's right to sell the scrap metal.

Scrap copper
(HB2589 HD2)

Requires scrap dealers to pay sellers of scrap copper only by check, which will be mailed five days after purchase.

Landowner liability
(HB2350 HD2)

Provides a landowner with immunity from liability for damage, injury or harm caused to persons or property outside the landowner's unimproved land.

Tow fees
(HB509 HD2)

Prohibits a towing company from charging a towing fee if the owner of the vehicle appears on the scene, regardless of whether the vehicle is hooked up or in the process of being hooked up.

Self-sufficiency
(SB2840 SD2)

Requires the state Department of Business, Economic Development and Tourism to establish, update biennially, and define the self-sufficiency standard.



FAILING

Life-skills for disabled individuals

Directs the state Department of Human Services to create a three-year pilot project to expand asset building classes for individuals with disabilities and parents of children with developmental disabilities.

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



CRIME

PASSING

Child protection
(HB2558 HD3)

Authorizes the state Department of Human Services to conduct unannounced visits to inspect a home in which a household member was convicted or adjudicated for certain offenses of child abuse or neglect.

DHS investigations
(HB2596 HD2)

Requires the state Department of Human Services to investigate reports of drug use in the home of a child within 24 hours. Requires the primary caregiver to participate in substance abuse treatment for at least one year before being awarded full custody of a child or being allowed to solely supervise the child.

Pregnant women
(SB2301 SD1)

Adds extended prison sentences for felony crimes against pregnant women.

Good Samaritans
(SB3182 SD1)

Adds extended prison sentences for felony crimes against Good Samaritans.

Unattended children
(SB2245 SD1; HB2034 HD1)

Makes it illegal to leave a child under nine unattended in a motor vehicle for more than five minutes.

Ignition interlock
(HB3377; SB3234 SD2)

Requires an ignition interlock device be installed in vehicles owned by people arrested for driving under the influence so those drivers must prove their sobriety before they can operate their vehicles.

Multiple terms
(HB3383)

Requires that multiple prison terms run concurrently unless the courts order or the law mandates that the terms run consecutively.

Domestic abuse
(HB3379 HD2)

Establishes three degrees of offense for abuse of a family member or household member.

Electronic monitoring
(HB2766 HD2; SB2218 SD1)

Allows electronic monitoring of domestic abuse and temporary restraining order violators.

Human trafficking
(SB2212 SD1)

Enables prosecution of human trafficking by creating new offense of sexual exploitation of a minor; amending existing kidnapping, extortion and prostitution offenses and including sexual exploitation of a minor in the definition of racketeering.

Tasers
(HB3016 HD3)

Authorizes state Department of Land and Natural Resources conservation officers to use electric guns while performing their duties.

Texting while driving
(SB2366 SD2)

Prohibits text messaging or e-mailing while driving except in emergencies or to report crimes.

Animal consumption
(SB3146 SD1)

Criminalizes the human consumption of cats and dogs.

Animal hoarding
(SB3203 SD1)

Creates a misdemeanor for negligently possessing and failing to provide care for more than a typical number of pet animals.



FAILING

DNA collection

Requires DNA collection from those arrested on felony charges.

.50 caliber rifles

Bans .50 caliber Browning machine gun rifles and cartridges.

Second-degree theft

Increases the threshold amount stolen to qualify for second-degree theft from $300 to $1,000.

Karen's Law

Mandates that minors be tried as adults in cases of first and second-degree murder.

Child pornography

Mandates that internet service providers and computer technicians report incidents of child pornography discovered during the course of business. Provides civil immunity for good faith disclosure to law enforcement authorities.

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



HEALTH/SOCIAL SERVICES

PASSING

Hawai'i Health Corps
(HB2519 HD2)

Establishes the Hawai'i Health Corps, which will provide loan repayment and stipends for physicians and dentists who agree to work in shortage areas and as first responders during civil defense and other emergencies.

Dental services
(HB2576 HD2)

Transfers general funds into the health systems special fund to pay for dental services for the uninsured and underserved children, the elderly and the developmentally disabled.

Health insurance
(HB1993 HD1)

Appropriates funds to provide healthcare for the uninsured.

Trauma care
(SB2535 SD1)

Adds surcharges for traffic violations, drunken driving and other infractions to help increase the trauma system special fund to help ensure that trauma patients receive quality care.

Autism coverage
(HB2727 HD1)

Requires mandatory coverage for individuals under 21 for the diagnosis and treatment of autism spectrum disorders.

Postpartum care
(SB2219 SD2; HB2761 HD1)

Requires at least six months of postpartum and interconception care for women who are participants in Quest, the state's health-insurance program for the poor.

Emergency contraception
(HB466 HD1; SB1110 SD1)

Requires hospitals and public health facilities to provide information and emergency contraception to sexual assault victims.

Sex education
(HB 464 HD2; SB1117 SD1)

Requires state funded sexual health education to provide medically accurate, factual information that is age-appropriate and includes education on both abstinence and contraception.

Depleted uranium
(HB2076 HD1)

Requires air sampling stations near U.S. military facilities where depleted uranium munitions are used to monitor for contamination.

Medical marijuana
(HB2675 HD2)

Creates a medical marijuana task force to discuss issues regarding adequate supplies of medical marijuana for qualified patients and the value of constructing secure growing facilities for medical marijuana patients.

Native Hawaiians
(SB2887 SD1)

Requires a legislative oversight committee to form a work group to study the factors that contribute to the over-representation of Native Hawaiians and part-Hawaiians in the state's prisons and jails.

Remote pharmacies
(SB2459 SD2)

Allows remote dispensing pharmacies under the direct supervision of a registered pharmacist in rural areas and on the Neighbor Islands to help expand access to medication.

Anatomical gifts
(HB2139 HD2)

Enacts the Revised Uniform Anatomical Gift Act to direct the process for making anatomical gifts of a deceased person's body or parts for transplant, therapy, research or education.



FAILING

Medical-malpractice reform

Places a cap on non-economic damages, such as emotional distress and the loss of companionship, in malpractice lawsuits against doctors.

Vaccines containing mercury

Ensures informed consent prior to the administration of a vaccine containing any amount of mercury through the provision of written material containing information about the possible effects of the use of such vaccines.

Aspartame

Bans the sale of the artificial sweetener aspartame in the state.

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



ENVIRONMENT

PASSING

Sustainability Council
(SB2833 SD1)

Establishes a Sustainability Council to help enact the Hawai'i 2050 sustainability plan.

Sustainability
(SB2555 SD2)

Combines several state agencies, including the state Office of Planning and the Land Use Commission, into a Department of Planning and Sustainability.

Ha'iku Valley
(SB2727 SD2)

Establishes the Ha'iku Valley Cultural Preserve and limits its future uses in perpetuity to cultural, archaeological, and environmental preservation, restoration, protection, and education.

EIS exemptions
(SB2808 SD2)

Exempts certain development projects that cross state or county right-of-ways from environmental impact statements.

Energy strategies
(HB2506 HD2 ; SB2845 SD 2)

Directs a study to review and make recommendations on the state's long-term energy strategies, including identifying the responsibility of state agencies integral to achieving state energy objectives and duplication or deficiency in these agencies' responsibilities.

Smart growth
(HB2527 HD1)

Requires the state Department of Land and Natural Resources to establish a system of greenways and trails and requires the state Office of Planning to coordinate smart growth planning.

Light bulbs
(HB2504 HD2; SB2842 SD2)

Phases out and bans lighting products with lead and high mercury content and establishes a statewide lighting efficiency standard for general purpose lights.

Right to dry
(SB2933 SD2; HB3211 HD2)

Gives people the right to install and use clotheslines to dry their clothes on the premises of any single-family residential unit or townhouse the person owns.

E-waste
(HB2509; SB2843 SD2)

Establishes a state program for collection, recycling, enforcement and monitoring of covered electronic devices.

Solar energy
(HB 2502 HD2; SB2849 SD1)

Allows solar energy facilities on agricultural land with less-productive soil classifications.

Biosecurity
(HB2516 HD1)

Authorizes financing for joint biosecurity inspection facilities at Honolulu International Airport and Honolulu Harbor.

Invasive species
(HB2517 HD1)

Allows the state Department of Agriculture to regulate or prohibit the sale of specific plants on the restricted list.

Invasive species inspections
(HB2843 HD2)

Increases the scope of items subject to the inspection, quarantine and eradication fee to include any freight brought into the state.

Apple snails
(HB3425 HD2)

Appropriates funds for statewide taro research that focuses on the apple snail problem.

Super Sucker
(HB2828 HD1)

Appropriates money to provide full-time operation of the Super Sucker project in Kane'ohe Bay to fight alien algae and for the acquisition of a portable junior Super Sucker.

Air pollution
(SB2526 SD1)

Prohibits cruise ships from burning bunker fuel within five miles of Nawiliwili Harbor on Kaua'i to reduce air pollution in the Niumalu community.



FAILING

Environmental court

Establishes environmental courts as divisions within the circuit court to handle complaints, administrative appeals, and other judicial proceedings of an environmental nature.

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



MISCELLANEOUS

PASSING

Rental assistance
(HB2511 HD1; SB3172)

Provides qualified rental assistant applicants up to 90 days to find a rental unit and requires the Hawai'i Public Housing Authority to give priority to applicants who are homeless or living in transitional shelters. Senate version gives applicants six months to find rental units.

Public housing
(HB2238 HD1)

Requires public housing projects constructed or managed with state or county funds and federal and state low-income housing rentals to remain affordable in perpetuity.

Affordable housing permits
(HB2512 HD2)

Provides funding for the Hawai'i Housing Finance and Development Corp. to help expedite the permit process for developers of affordable housing projects.

Affordable housing condos
(SB2293 SD1)

Exempts new multi-family housing condominium developments from some affordable housing requirements as an incentive and flexibility for private-sector development of affordable housing.

Driver's license
(HB1101 HD2)

Permits waiver of the highway signs knowledge test for driver's license applicants who hold valid licenses from other U.S. states, the District of Columbia, Puerto Rico, American Samoa, Guam, Canada and the Northern Mariana Islands.

Hawaiian monk seal
(SB2464; HB2626 HD1)

Designates the Hawaiian monk seal as the state mammal.

Milk
(HB3034 HD1; SB2956 SD1)

Ensures that the remaining Hawai'i dairy producers are paid a price commensurate with the quality of milk they produce.

Meat
(SB2215 SD2)

Establishes a country of origin labeling requirement for all beef, pork, poultry, and lamb.

Macadamia nuts
(HB1988 HD1)

Establishes a macadamia nut commission to collect a mandatory assessment on macadamia nut processors and producers to help sustain the macadamia nut industry in Hawai'i.

Honey
(SB2584 SD2)

Recognizes honey as an agricultural commodity.

Fire-safe cigarettes
(HB2438 HD2)

Establishes a process to ensure only fire-safe cigarettes are sold in Hawai'i.

West Hawai'i shooting range
(HB2543)

Appropriates money to plan, design and construct a shooting range in West Hawai'i.

Bicycle and pedestrian safety
(HB1823 HD1)

Establishes an advisory committee within the state Department of Transportation to implement the safe routes to school program and a bicycle and pedestrian safety program for adults and children.

Dam safety
(HB2823 HD2)

Establishes limitations on liability for damages for owners and operators of dams and reservoirs.

Mixed martial arts
(SB3030 SD2)

Increases the share of contest admission fees that go to the state Department of Commerce and Consumer Affairs to help fund state regulation.

Endangered species
(SB3103 SD1)

Encourages the recovery of endangered species through safe harbor agreements and habitat conservation plans that cover multiple landowners and wide areas or regions.



FAILING

Prostitution prevention

Establishes a pilot prostitution prevention and diversion program.