B4 > > H O N O L U L U S TA R - A D V E R T I S E R > > S U N D AY 5 / 5 / 1 9
LOCAL
HOW MAJOR BILLS FARED AT THE CAPITOL
State lawmakers adjourned the 2019 session on Thursday after reviewing hundreds of bills on issues ranging from homelessness to legalization of marijuana. Here is the status of some of the
most significant measures. Bills that have been passed have been sent to Gov. David Ige for his signature or veto. The governor also can allow bills to become law without his signature.
GOVERNMENT
PASSED
State budget
HB 2 HD1 SD1 CD1 &
HB 1259 SD1 CD1
Would authorize
$16 billion in general
treasury spending on
government operations
and $3.4 billion in
construction spending
over the two years be­
ginning July 1. Additional
spending is contained in
dozens of appropriations
bills.
Election recounts
SB 216 SD2 HD1 CD1
Would require an auto­
matic recount of votes
when the difference be­
tween two candidates is
100 votes or one-quar­
ter of 1% of the total
number of votes cast,
whichever is greater.
Vote by mail
HB 1248 HD1 SD2 CD1
Would enact voting by
mail for all elections
beginning in 2020,
while requiring a limited
number of voter service
centers to remain open
to allow for same-day
registration and voting
and to receive personal
delivery of mail-in ballots,
among other services.
Eruption aid
HB 1180 HD1 (Act 9)
Provides a $20 million
grant and $40 million in
loans to Hawaii County
to help fund the recovery
from last year’s eruption
of Kilauea Volcano.
FAILED
Office vacancies
Would have required a
special election be held
to fill vacancies in the
U.S. Senate and state
Legislature that occur
when someone resigns
or dies during their term.
Currently, the governor
chooses a replacement
from a list of nominees
submitted by the respec­
tive political party.
Capitol security
Would have required
the state Department of
Accounting and General
Services to increase
security at the state
Capitol, including vehic­
ular barriers and security
screening equipment.
Lobbyists
Would have expanded
the period that former
state legislators and
executive branch
employees are restricted
from lobbying from
one year to two years,
and banned behind-
the-scenes lobbying
activities.
Tax returns
Would have required
candidates for president,
vice president, governor,
lieutenant governor
and mayor to disclose
their federal income tax
returns before the can­
didates can be listed on
a general election ballot.
Would have prohibited
electors from voting for
candidates for president
and vice president who
did not disclose their
taxes.
Moonlighting
Would have prohibited
the governor and mayors
from maintaining outside
employment or earning
outside compensation
while in office beginning
two months after their
terms of office begin.
Ranked voting
Would have required
ranked-choice voting in
certain elections.
Records exemption
Would have allowed
government officials
to cite a deliberative
process privilege in
withholding the release
of public records. The
measure was introduced
in response to a Hawaii
Supreme Court decision
that found this exemp­
tion did not exist in state
law, contrary to rulings
by Hawaii’s Office of
Information Practices.
Staggered hours
Would have allowed
public employees
the option of working
staggered work hours to
help reduce traffic and
commute times.
Lawmakers can override the governor’s veto with a two-thirds vote in both the House and the Senate.
TAXES
PASSED
Vacation rentals
SB 1292 SD2 HD3
Would require transient
vacation rental com­
panies such as Airbnb
to act as tax collection
agents for the state,
and would require the
platforms to identify the
rental properties and
their owners to the state
Department of Taxation.
REIT deduction
SB 301 SD1 HD1 CD1
Would eliminate the
state tax deductions for
dividends paid out by
real estate investment
trusts, effectively requir­
ing the trusts to begin
paying Hawaii corporate
income taxes.
Rental car tax
SB 162 SD2 HD3 CD1
Would increase the
state tax surcharge on
rental cars from $3 per
day to $5 per day for
Hawaii residents. Visitors
without a Hawaii driver’s
license already pay
$5 per day. Would
increase the tax take for
the state Highway Fund
from the rental car tax
from about $50 million
a year now to about
$80 million a year. That
fund pays for construc­
tion and maintenance of
state highways.
Movie tax credit
SB 33 SD3 HD 2 CD1
Would make the motion
picture, digital media
and film production
income tax credit more
generous by increasing
the amount of credits
that can be claimed
each year from $35 mil­
lion to $50 million.
Resort fee tax
SB 380 SD1 (Act 20)
Imposes the state hotel
room tax on resort fees
that are calculated
separately from the
advertised hotel room
rate.
Online tax
SB 495 SD2 HD1
Would impose the state
excise tax on transac­
tions by online retailers
who are outside the
state but do $100,000
worth of business in Ha­
waii, or do 200 or more
transactions with people
in Hawaii per year.
Estate tax
SB 1361 SD1 (Act 3)
Increases estate taxes
for estates in Hawaii
valued at more than
$10 million for tax
purposes.
FAILED
Vacation registry
Would have prohibited
online vacation rental
platforms such as Airbnb
from accepting a
booking for a rental
unless it is on the
county’s list of approved,
legal units.
Education tax
Would have increased
the state general excise
tax from 4% to 4.5% to
provide funding for the
Department of Educa­
tion and the University of
Hawaii.
Gas tax increase
Would have increased
the state gasoline
tax, weight tax and
vehicle registration
fees to collect an extra
$40 million a year for
road maintenance and
other highway projects.
Proposed by Gov. David
Ige’s administration.
Conveyance tax
Would have increased
the conveyance tax rate
for sales of residential
investment properties
worth $2 million or more.
Carbon tax
Would have created a
new carbon emissions
tax on coal, oil and other
fossil fuels. The new tax
would replace the state
gasoline tax as well
as the barrel tax on oil
shipped into the state.
Cigarette tax
Would have increased
the state tax on ciga­
rettes to $4.20 per pack.
Landlord credit
Would have offered
landlords an income
tax credit for renting to
families that earn less
than 80% of median
income.
EDUCATION
PASSED
New preschools
SB 78 SD2 HD 2
Would provide more
than $1.3 million to
open 10 new preschool
classrooms in public
schools. Gov. David Ige
originally sought more
than $3 million to open
22 additional preschool
classrooms.
Youth suicide
SB 383 SD2 HD1 CD1
Would require the De­
partment of Education
to establish a mandatory
youth suicide awareness
and prevention program
to identify at-risk
students and prevention
procedures.
Student health
HB 250 HD2 SD1 CD1
Would appropriate
about $750,000 to
implement, maintain and
expand the Hawaii Keiki:
Healthy and Ready to
Learn program, which
provides health services
to K-12 students in
public schools.
UH Regents
HB 398 HD1 SD2 CD1
Would reduce the Uni­
versity of Hawaii Board
of Regents from 15 to
11 members.
Children in need
SB 388 SD2 HD2 CD1
Would establish a work­
ing group to create a
system in which children
who live in stressful envi­
ronments and face aca­
demic challenges can be
evaluated and assessed.
Would examine lowering
the age for alternative or
vocational school from
16 to 14 years.
HINET funding
SB 50 SD2 HD1
Would appropriate
$455,000 a year to hire
seven full-time staff for
the Hawaii Nutrition Em­
ployment and Training
Program, which helps
low-income college
students apply for the
federal Supplemental
Nutrition Assistance
Program and provides
reimbursement for other
educational and living
expenses.
FAILED
School starts
Would have required
the Department of
Education to organize a
task force to study the
implications of stagger­
ing school start times.
Teacher housing
Would have provid­
ed housing subsidy
vouchers to teachers
employed by the De­
partment of Education
who teach in hard-to-fill
schools. The housing
vouchers were to be
used to cover rent or
mortgage payments.
UH Promise
Would have expanded
the University of Hawaii
Promise Program to its
four-year institutions. The
program now provides
scholarships to cover
unmet direct costs for
students at UH commu­
nity colleges.
Board of Education
Would have returned
the appointed Board of
Education to an elected
board.
Standardized
testing
Would have limited
standardized tests at
public schools to those
required by state and
federal law and provide
parents with an option to
opt out of others.
Student union
Would have allowed
graduate student assis­
tants employed by the
University of Hawaii to
collectively bargain.
After-school
programs
Would have estab­
lished the Three to Six
Out-of-School program
to provide care and
continued learning for
K-12 students in public
schools after the end of
the school day.
Community service
Would have made
community service a
requirement to graduate
from high school.
CONSUMER
PROTECTION/LABOR
PASSED
E-cigarettes
SB 1405 SD2 HD2 CD2
Would require public
school teachers to
confiscate electronic
cigarettes from students
who are younger than
21 years old.
Crosswalk safety
SB 693 SD2 HD1 CD1
Would prohibit pedes­
trians from starting to
cross a roadway once
the crosswalk count­
down timer begins.
Reproductive
health
HB 710 HD1 SD1 CD1
Would prohibit employ­
ment discrimination
based on “reproduc­
tive health decisions,”
meaning the use of any
legal drug, device or
medical service intended
to prevent or terminate a
pregnancy, or the use of
any assisted reproduc­
tive technology.
Drunken driving
HB 703 HD1 SD2 CD1
Would increase the
penalties for people con­
victed for driving drunk
three times within 10
years, making that a fel­
ony offense. Those who
are convicted would be
sentenced to a prison
term of up to five years,
or be sentenced to five
years probation with a
minimum of 10 days in
jail and revocation of
their licenses for three to
five years.
FAILED
Minimum wage
Senate bill would have
increased the current
state minimum wage
of $10.10 per hour in
steps to $15 in 2023,
and offered an income
tax credit to small
businesses to offset the
impact. House bill would
have increased the min­
imum to $15 per hour
in 2024, but also set a
lower minimum wage for
employees who receive
employer-paid health
benefits.
County wages
Would have authorized
each county to establish
a minimum wage that
is higher than the state
minimum wage.
Retirement savings
Would have created
a retirement savings
program for private-sec­
tor employees who don’t
otherwise have access
to a savings plan provid­
ed by their employer.
Zipper toll
Would have required
Department of Trans­
portation to implement a
single-occupant vehicle
access fee to use the
Zipper Lane.
Sports betting
Would have legalized
sports betting in Hawaii.
Family leave
Would have extended
the Hawaii family leave
law to include care for
grandchildren. The law
requires employers with
100 or more employees
to provide up to four
weeks of paid or unpaid
leave each year.
Sexual harassment
Would have prohibited
written nondisclosure
agreements involving
sexual assault and
sexual harassment, and
prohibited employers
from retaliating against
an employee for disclos­
ing or discussing sexual
harassment or sexual
assault.
Check cashing
Would have required
check cashing com­
panies to register with
the state and offer
voluntary payment plans
to indebted customers
to allow for payments
of no more than 5% of
the customer’s gross
monthly pay.
Uber/Lyft
Would have created
state rules for transpor­
tation network compa­
nies operating in Hawaii,
and would no longer
allow the counties to
regulate the companies.
Pickup passengers
Would have prohibited
passengers from riding
in the beds of pickup
trucks.
PUBLIC HEALTH/ HOUSING/
SAFETY SOCIAL SERVICES ENVIRONMENT HOMELESS
PASSED PASSED PASSED PASSED
Marijuana crimes Sugary drinks Ray protection Local housing
HB 1383 HD2 SD1 CD1 SB 549 SD1 HD2 HB 808 HD1 SD2 CD1 HB 820 HD1 SD1 CD1
Would decriminalize Would require restau­ Would prohibit know­ Would require the
possession of three rants that sell children’s ingly taking, possessing, Hawaii Housing Finance
grams of marijuana or meals that include a abusing or entangling and Development Corp.
less, which would be beverage to make the a ray in state marine to study and plan a
punishable by a fine of default beverage a waters, with fines of up potential ALOHA homes
$130. healthy drink, such as to $10,000 for repeat program to develop
water, lowfat milk or offenders. The bill origi­ low-cost homes for sale
‘Red flag’ law 100% fruit or vegetable nally included sharks. to Hawaii residents on
SB 1466 SD2 HD2
juice. state-owned lands within
Would create a process Rapid ohia death a half mile from public
for law enforcement or Genderless IDs HB 1548 HD1 SD2 CD1
transit stations.
family members to use HB 1165 HD2 SD2 Would appropriate
to obtain a court order Would allow residents $750,000 for next year Ohana Zones
preventing people from the option of having an to combat rapid ohia HB 257 HD2 SD1 CD1
accessing firearms or “X” for their gender on a death. The original bill Would allow the Ohana
ammunition if they pose driver’s license and state proposed spending Zones program, which
a danger of causing identification card. more than $2 million. was created to provide
injury to themselves or temporary housing and
others. Mosquitoes Charger rebate services to the home­
HB 297 HD1 SD1 HB 1585 HD1 SD2 CD1
less, to utilize private
Asset forfeiture Would add the Aedes Would authorize the land. Would extend the
HB 748 HD2 SD2 aegypti mosquito Public Utilities Com­ time to implement the
Would prohibit civil with the Wolbachia mission to administer a program to 2023.
asset forfeiture except in bacteria to the state’s rebate program to those
cases where the prop­ animal import list. The who install eligible new Housing services
erty owner has been mosquito would hope­ electric vehicle charging SB 471 SD2 HD1 CD1
convicted of a felony. fully suppress existing systems or upgrade Would appropriate
If there is no conviction, populations. existing ones. $10.8 million for each
the seized property must of the next two years to
be returned. Mental illness Vehicle surcharge fund the Housing First
SB 1124 SD2 HD1 CD1 SB 409 SD2 HD1 CD1
program, rapid re-hous­
Red light cameras & SB 567 SD2 HD2 CD1 Would impose a $50 ing program, family
SB 663 SD2 HD1 CD1 Would make it easier surcharge for the annual
assessment centers and
Would establish a to obtain court orders registration renewal of homeless outreach and
committee to plan for the requiring mentally ill electric vehicles.
civil legal services. The
use of traffic cameras to persons to undergo bill initially proposed
identify and fine motor­ outpatient treatment. Albizia trees spending $16.5 million
SB 464 SD2 (Act 13)
ists who run red lights. Appropriates $100,000 per year.
for providing legal Allows a property
Prison oversight assistance with petitions owner to enter a vacant, FAILED
HB 1552 HD2 SD2 CD1
for assisted community privately owned and di­
Would establish a treatment and related rectly adjacent property Ohana expansion
correctional system court proceedings. to control or remove an Would have expanded
oversight commission albizia tree to minimize the Ohana Zones
with authority to set Kupuna care its risk to human health. program to provide
HB 465 HD1 SD2 &
population limits at each temporary housing and
correctional facility, in­ SB 1025 SD1 HD2 FAILED services to the homeless
vestigate complaints and Would increase funding from at least three to at
oversee the transition for the kupuna care Waste disposal least six sites on Oahu
from a punitive model to program which provides Would have updated the and two on each of
a rehabilitative approach. services such as chores, Department of Health’s the neighbor islands
meals, personal care waste management if the program has the
Bail reform and transportation to goals, including reduc­ capacity.
SB 192 SD1 HD2 CD1 seniors, and requires ing solid waste before
Would authorize the Executive Office on disposal by 70% and Renter’s credit
defendants in custody Aging to develop a plan achieving source reduc­ Would have boosted
to petition a court for to maximize the number tion by 50% by 2030. the renter’s credit that
unsecured bail. of caregivers served by low-income residents
the program.
Sea level rise can claim on their taxes,
Would have required
Lost firearms increasing the amount of
sea level rise projections
HB 720 HD 1 (Act 23) FAILED the credit per qualified
Requires gun owners to be included in new exemption from $50 to
plans and updates to
to report lost, stolen or E-cigarettes $150. The credit has not
Would have banned the existing plans created
destroyed firearms. been increased since
sale of flavored tobacco under the Hawaii State 1981.
FAILED products. Planning Act as well as
the plans of the Public Mobile clinics
Legalize marijuana Tax relief Utilities Commission. Would have provided
Would have eliminated
Would have repealed all funding for two mobile
the Hawaii income tax Water permits
criminal penalties in con­ health clinics to serve
for the state’s poorest Would have extended by
nection with marijuana homeless people, one of
residents. Currently Ha­ seven years the deadline
except for the prohibition which would have oper­
waii taxes residents with for converting short-term
on furnishing marijuana ated on Hawaii island.
annual taxable earnings permits to use public
to a minor.
of $4,800 or less than water into long-term Heading home
Child sex abuse 1.4% of their incomes. leases. Would have established
Would have repealed a program to help home­
Food tax credit Solar projects
all limitations on the less people reunite with
Would have increased Would have authorized
time periods in which family members in their
the refundable food ex­ the development of utility-
a survivor of childhood home states.
cise tax credit to an un­ scale solar projects on
sexual abuse may file a
civil lawsuit. specified amount. That prime agricultural lands. Beach hotline
credit, which is designed Would have required
Ala Wai Canal
Clergy sex abuse to offset the impact of signs to be posted in
Would have urged the the state excise tax on
Would have provided parks and beaches from
local matching funds
state attorney general food, is now worth up Kalaeloa to Makaha
for an Army Corps of
to conduct a statewide to $110 for the poorest with phone numbers
Engineers flood control
investigation of allega­ Hawaii families. for agencies that assist
plan for the Ala Wai
tions of sexual abuse of homeless people.
Dental insurance Canal to satisfy a federal
minors by clergy in the
Would have restored requirement that Hawaii Landlord support
Roman Catholic Church
adult dental health provide $125 million in Would have provided
or any other church.
benefits to Medicaid matching funds for the various financial incen­
Police misconduct beneficiaries. $345 million project. tives to private property
Would have required Gov. David Ige has said owners who rent to
Pot and opioids
the release of names of he has the authority to homeless people.
Would have allowed
police officers who are provide the near-term
suspended or terminat­ marijuana to be pre­ funding for the project Transitional
scribed for the treatment housing
ed for misconduct after without legislative
of opioid addiction and Would have established
the grievance process is approval.
other substance abuse a transitional homeless
complete. This is already
disorders. Sea level planning shelter of micro units
required of other public
Would have prohibited below the Nimitz Viaduct
employees.
Pot for anxiety development in areas or other areas on Oahu.
Would have added
Felony citations projected to be signifi­
Would have allowed anxiety disorders to the cantly affected by sea Nonprofit help
growing list of medical
police to issue citations level rise. Would have established
conditions for which a three-year pilot pro­
instead of making arrests
for nonviolent class C marijuana can be pre­ Managed retreat gram to allow nonprofit
scribed. Would have required organizations to provide
felonies, misdemeanors,
the Hawaii Climate housing to homeless
petty misdemeanors and
violations. Cigarette ban Change Mitigation and people, including tem­
Would have banned
Adaptation Commis­ porary encampments on
Sex offenders the sale of cigarettes in sion to decide which
property owned by the
Would have required Hawaii by progressively areas should implement organizations.
raising the minimum age
adults arrested for felony armoring or managed
to purchase them to Rent supplement
sexual offenses to pro­ retreat in response to
vide DNA samples. 100 years old in 2024. sea level rise. Would have appropri­
ated funds for the Rent
Sanctuary state Anti-vax Coal-burning
Supplement Program,
Would have prohibited Would have allowed Would have prohibited which would provide
parents and guardians
state and county law en­ the approval of any “shallow” subsidies for
to cite conscientious
forcement agencies from agreement that allows low-income households
beliefs as the basis for
complying with federal the use of coal for elec­ who are nearly self-
gaining an exemption for
immigration detainers tricity production. sufficient.
their child from vaccina­
or honoring requests for
tion and immunization Marine debris Mental health
nonpublic information
requirements. Currently Would have made the
absent a warrant signed and homeless
state law allows objec­ counties responsible for
by a judge. Would have had the
tions based on medical removing and disposing
Department of Human
Manslaughter and religious reasons. of marine debris. Services design a pilot
Would have allowed
Fluoridated water Polystyrene ban project to provide shelter
people to be charged
Would have required Would have prohibited and mental health
with manslaughter when
public water to be fluo­ restaurants statewide treatment to certain
they knowingly distribute
ridated, which improves from serving food in homeless individuals.
a dangerous drug in
any amount and another dental health. polystyrene foam con­ Elderly housing
tainers.
person dies as a result Would have established
Pesticides
of ingesting that drug. Straw ban a long-term rental
Would have prohibited
the use of glyphosate, Would have prohibited assistance pilot program
Speedy trial for people more than
Would have created an herbicide, within full-service restau­
100 feet of a school rants from providing 60 years old who are
a legal right of victims
during school hours. single-use straws to cus­ homeless or at risk of
of sexual assault and
tomers unless requested becoming homeless.
witnesses of sexual
offenses to a speedy trial by the consumer.
in criminal cases.