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The Honolulu Advertiser
Posted on: Sunday, May 4, 2008

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 have 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

Harbor modernization
(SB3227 SD2 HD1 CD1)

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

County campaign finance
(HB661 HD1 SD3 CD1)

Establishes a pilot project for comprehensive public funding of Big Island County Council elections for three election cycles, beginning in 2010.

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.

Absentee voting
(SB156 SD2 HD2 CD1)

Authorizes permanent absentee voting.

Shield law
(HB2557 HD1 SD1 CD1 )

Limits compelled disclosure of sources or unpublished information for journalists, newscasters and bloggers who collect or disseminate news and information of substantial public interest. Sunsets by July 2011.

FAILED

OHA settlement

A proposed $200 million settlement between the state and the state Office of Hawaiian Affairs, which would have used 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.

Public meetings

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

Corporate campaign contributions

Would have clarified the state campaign finance law so corporations could 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.

Mandatory retirement for judges

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

Emergency powers

Would have limited the governor's use of emergency powers in situations that do not involve natural or man-made disasters or enemy or terrorist attack unless there is a tangible and measurable threat.

Pardons

Would have required the governor to give a minimum of 30 days public notice for intended pardons.

Public safety

Would have directed 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.

Campaign signs

Would have limited the size of political campaign signs and other displays on residential property.

Land reclassification

Would have allowed county land use authorities to reclassify lands not more than 50 acres.

Road repairs

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

Mass transit

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

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



BUSINESS/TAXES

PASSED

Turtle Bay Resort
(SB2423 SD2 HD2 CD1)

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

Galbraith Estate
(HB2293 HD1 SD2 CD2)

Authorizes the Agribusiness Development Corp. to acquire lands owned by the Galbraith Estate in Central O'ahu.

HHSC
(Act 030; SB2401 SD1)

Provides a $14 million emergency appropriation for the Hawai'i Health Systems Corp., the state's quasi-public hospital system.

Income tax credit
(SB2153 SD1 HD1)

Provides a $1 tax credit to comply with a rebate required by the state Constitution after two consecutive years where the budget surplus exceeded projected revenues by 5 percent.

Important ag land
(SB2646 SD2 HD2 CD1)

Establishes incentives for the designation of important agricultural lands, such as tax credits and a loan guarantee program.

Solar energy
(Act 31; HB2502 HD2)

Allows construction and operation of solar energy facilities on less productive agricultural lands.

Airline regulation
(HB2250 HD1)

Provides a statutory scheme for regulating interisland airline carriers if the state receives an exemption from the federal government.

Enterprise zones
(HB2739 HD1 SD2 CD1 )

Allows agricultural businesses to continue to qualify for enterprise zone benefits in case of force majeure events. Includes agricultural growth as one of the enterprise zone purposes

Land conservation
(SB2198 SD2 HD2 CD2)

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

Commercial ocean activities
(SB2196 SD2 HD2 CD1)

Adds a regulatory function over commercially permitted use of government and private boating facilities and commercial activities in private marinas.

Streamlined sales tax
(HB1412 HD1 SD1 CD1)

Provides computer resources so the state may eventually participate in the Streamlined Sales Tax Project with other states.

Bail agents
(SB1961 SD1 HD1 CD1)

Establishes grounds for the denial, nonrenewal, suspension or revocation of a bail agent's insurance producer's license, as well as fiduciary responsibilities for bail agents.

FAILED

Coco Palms

Would have provided 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

Would have required 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.

Oil industry monitoring

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

Aviation taxes

Would have exempted 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

Would have provided a tax credit equal to 15 percent of the costs of hotel renovations.

Renewable energy

Would have made 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.

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



EDUCATION

PASSED

Early learning
(SB2878 SD2 HD2 CD1)

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

Facilities commission
(HB2972 HD1 SD2 CD1)

Creates the Facilities Alignment Commission to establish criteria for the selection of public schools to be constructed, expanded, consolidated or closed.

Online learning
(HB2971 HD1 SD2)

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

Special education
(SB2879 SD2 HD1 CD1)

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 HD2 CD2)

Extends the sunset for a Voluntary Employees' Beneficiary Association pilot program to July 2010. The program is set to expire in July 2009.

Teacher shortage
(SB3252 SD2 HD2 CD1)

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

Special education hearings
(SB2004 SD2 HD2 CD1)

Extends the deadline to 180 days 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.

Sexual offenses by teachers
(SB2080 SD2 HD2 CD1)

Allows the Hawai'i Teacher Standards Board to suspend the license of a teacher convicted of certain sexual offenses, and start the process of permanently revoking the teacher's license.

Emergency hires
(SB2163 SD1 HD1 CD1)

Allows individuals to be hired by the state Department of Education on an emergency basis for no more than three years and requires those hired on an emergency basis to become licensed no later than four years from the date of their employment.

Substitute teachers
(SB2652 SD2 HD2 CD1)

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

FAILED

UH facilities

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

School facilities fund

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

Aloha Stadium transfer

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

Veteran tuition

Grants military veterans resident tuition status in the University of Hawai'i system for three years.

Debit card system

Allows public school principals to establish a debit card system at the 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

PASSED

Charities and nonprofits
(SB3171 SD2 HD2 CD1)

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 the total revenue of an organization.

Small-business health insurance
(HB2224 HD1 SD2)

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

Workers' compensation
(HB2386 SD2 CD1)

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. Convenes a working group.

Paid family leave
(HB2520 HD3 SD2 CD1)

Establishes a working group to explore wage replacement benefits to employees who need time off to care for a family member with a serious health condition.

I-SaveRx
(HB7 HD1 SD1)

Directs the state to establish participation in the I-SaveRx prescription drug program to provide residents with increased access to affordable drugs.

Scrap dealers
(Act 32; 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 SD2)

Requires scrap dealers to pay sellers of scrap copper only by check.

Tow fees
(HB2954 SD1)

Allows towing companies to charge overtime fees during certain hours of operations and prohibits a towing company from charging the owner of a vehicle targeted for towing if the owner appears on the scene.

Self-sufficiency
(SB2840 SD2 HD1 CD1)

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

Wage and hour laws
(SB2779 HD2)

Clarifies the circumstances under which the governor may suspend statues related to wage and hours on public works projects.

FAILED

Union card check

Would have allowed the Hawai'i Labor Relations Board to recognize union organizing when a majority of workers at a small business sign union cards. The process would have been an alternative to secret-ballot elections.

Public works investigations

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

Vocational rehabilitation

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

Wireless 911 surcharge

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

Asset building

Would have established a public financial education and asset building task force.

Parking tickets

Would have clarified 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.

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



CRIME

PASSED

Electronic monitoring
(SB2218 SD1 HD2 CD1)

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

Ignition interlock
(HB3377 SD2 CD1)

Permits installation of an ignition interlock device starting in July 2010 in vehicles owned by people arrested for driving under the influence so those drivers must prove their sobriety before they can operate their vehicles.

Unattended children
(SB2245 SD1 HD2 CD1)

Makes it illegal to leave a child under 9 unattended in a motor vehicle for more than five minutes.

Multiple terms
(HB3383 SD1 CD1)

Requires that multiple prison terms run concurrently unless the court orders or the law mandates that the terms run consecutively.

Prostitution
(HB3002 HD1 SD1)

Creates a new third-degree felony for a third conviction for solicitation of prostitution within 10 years. Sunsets by July 2010.

Harassment
(SB2456 SD2 HD1 CD1)

Creates a new misdemeanor of harassment by impersonation.

Animal hoarding
(SB3203 SD1 HD1 CD1)

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

FAILED

Child protection

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

DHS investigations

Would have created a task force to examine situations that have resulted in a children's death or serious injuries and developed a plan to prevent children from being injured or neglected by parents, guardians and caregivers who test positive for illegal drug use.

Pregnant women

Would have added extended prison sentences for felony crimes against pregnant women.

Good samaritans

Would have added extended prison sentences for felony crimes against Good Samaritans.

Karen's law

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

Domestic abuse

Would have established three degrees of offense for abuse of a family member or household member.

DNA collection

Would have required DNA collection from those arrested on felony charges.

Native Hawaiians

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

Tasers

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

Texting while driving

Would have prohibited text messaging or e-mailing while driving except in emergencies or to report crimes.

Animal consumption

Would have criminalized the human consumption of cats and dogs.

.50 caliber rifles

Would have banned .50 caliber Browning machine gun rifles and cartridges.

Second-degree theft

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

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



HEALTH/SOCIAL SERVICES

PASSED

Temporary healthcare coverage
(SB69 SD2 HD3 CD1)

Provides temporary healthcare coverage through the end of year for the children of former workers of Aloha Airlines and other Hawai'i-based companies that have had recent shutdowns.

Hawai'i Health Corps
(HB2519 HD2 SD2 CD1)

Establishes the Hawai'i Health Corps working group to develop a program that will provide loan repayment for physicians and dentists who agree to work in shortage areas.

Autism coverage
(HB2727 HD2 SD1 CD1)

Establishes the temporary autism disorders spectrum benefits and coverage task force to research what can be done to ensure that proper benefits and services are provided to children with autism and their families.

Postpartum care
(HB2761 HD1 SD1 CD1)

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.

Medical marijuana
(HB2675 HD2 SD1)

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.

Remote pharmacies
(SB2459 SD2 HD1 CD1)

Allows remote dispensing pharmacies to uninsured patients of a healthcare provider and patients with QUEST coverage under certain circumstances.

Anatomical gifts
(HB2139 HD2 SD1 CD1)

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.

Visitation
(SB2054 SD2 HD2 CD1)

Establishes criteria specifying what factors Family Court will consider in making a custody or visitation determination concerning a minor child.

Background checks
(SB3051 SD2 HD1 CD1)

Authorizes the state Department of Human Services to conduct criminal history record checks for those providing services to vulnerable adults and children.

Pseudoephedrine sales
(SB2373 SD1 HD2 CD1)

Requires pharmacies and retailers to maintain electronic logs of sales of pseudoephedrine and related products for the state Department of Public Safety Narcotics Enforcement Division on a monthly basis.

FAILED

Medical-malpractice reform

Would have placed a cap on noneconomic damages, such as emotional distress and the loss of companionship, in malpractice lawsuits against doctors.

Dental services

Would have transferred 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.

Emergency contraception

Would have required hospitals and public health facilities to provide information and emergency contraception to sexual assault victims.

Sex education

Would have required 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

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

Aspartame

Would have banned the sale of the artificial sweetener aspartame in the state.

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



ENVIRONMENT

PASSED

Solar water heaters
(SB644 SD3 HD3 CD1)

Requires new homes to have solar water heaters beginning in 2010. Allows variances if an engineer or architect finds that solar would be impractical because of insufficient sunshine, would cost more than would be saved by lower utility bills, or if an alternative renewable energy system is used.

EIS responsibility
(SB2808 SD2 HD1)

Gives the Office of Environmental Quality Control authority to determine which agency has the responsibility for preparing an environmental impact statement if it crosses two or more jurisdictions.

Right to dry
(SB2933 SD2 HD2 CD1)

Allows the use of clotheslines on privately-owned single-family homes or townhouses.

Damaged resources
(HB3177 HD1 SD2 CD1)

Increases the maximum fine for violations within the conservation district from $2,000 to $15,000 per violation and allows the Board of Land and Natural Resources to set fines based on the value of the natural resource that is damaged.

Electronic recycling
(SB2843 SD2 HD3 CD1)

Requires manufacturers of covered electronic devices, such as computers, to submit by June 2009 plans to collect and recycle them. Establishes a working group, including television manufacturers, to develop a television recycling program.

Photovoltaic rebates
(SB988 SD2 HD3 CD1)

Authorizes the state Public Utilities Commission to establish a ratepayer-funded photovoltaic rebate program.

Invasive species
(HB2843 HD2 SD2 CD1)

Expands items subject to the inspection, quarantine and eradication service fee to include freight brought in to the state. Changes the inspection fee to be assessed based on net weight of imported cargo.

Noxious weeds
(Act 40; HB2517 HD1 SD1)

Prohibits the sale of noxious weeds; allows noxious weeds to be imported only for research, by permit.

Biosecurity
(SB2850 SD2 HD2 CD1)

Officially establishes a biosecurity program under the state Department of Agriculture to fight invasive species; appropriates $250,000 in general funds for the program.

Greenhouse gas emissions
(HB2507 HD1 SD2 CD1)

Appropriates funds to establish two positions to support the implementation of a law enacted last year to reduce greenhouse gas emissions to 1990 levels or below by 2020.

Ha'iku Valley
(HB2704 HD2 SD1 CD1)

Establishes the Ha'iku Valley cultural preserve commission to exercise policy and management oversight of the preserve.

Sustainability
(SB2833 SD1 HD1 CD1)

Requires the University of Hawai'i-Manoa Public Policy Center to review the Hawai'i 2050 sustainability plan and report to the legislature.

Taro
(SB2499 HD1 CD2)

Makes taro the state plant on July 1, 2008, rather than Jan. 1, 2025.

FAILED

Plastic bags

Would have prohibited certain businesses from distributing nonbiodegradable plastic checkout bags.

Styrofoam ban

Would have banned the use of Styrofoam takeout food containers.

Light bulbs

Would have phased out and banned lighting products with lead and high mercury content and established a statewide lighting efficiency standard for general purpose lights.

Bottle redemption

Would have required big box stores to operate redemption centers for Hi-5¢ beverage containers.

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



MISCELLANEOUS

PASSED

Rental assistance
(HB2511 HD1 SD2 CD1)

Provides qualified rental assistance applicants up to 90 days to find a rental unit.

Public housing
(HB2238 HD1 SD1)

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 condos
(SB2293 SD1 HD1 CD1)

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

Fireworks
(Act 38; HB2436 HD2 SD2)

Makes it illegal to throw fireworks at people, animals, cars, or from multi-story buildings. Clarifies that minors cannot buy or sell fireworks.

Hawaiian monk seal
(SB2464 HD1 CD1)

Designates the Hawaiian monk seal as the state mammal.

Milk
(Act 46; SB2956 SD1 HD1)

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

Honey
(SB2584 SD2 HD1)

Recognizes honey as an agricultural commodity.

Fire-safe cigarettes
(HB2438 HD2 SD2 CD1)

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

Mixed martial arts
(SB3030 SD2 HD2 CD1)

Establishes a revised fee structure to fund mixed martial arts regulation.

Animal cruelty
(SB2895 SD1 HD1 CD1)

Adds equine animals to those protected under animal cruelty laws.

Food waste recycling
(SB871 SD2 HD2 CD1)

Requires the state Department of Education to establish a three-year food waste recycling pilot project in one or more public schools.

Alcohol consumption
(Act 34; SB2141 HD1)

Makes it illegal to consume alcohol on sidewalks and in other common areas in public housing projects.

Beer kegs
(Act 53; SB2782 SD2 HD2)

Makes it illegal to steal a beer keg and sell it for scrap and requires the scrap dealers to determine proof of ownership.

FAILED

'Opihi

Would have established a five- year moratorium on the harvesting of 'opihi on O'ahu and set other restrictions.

Driver's license

Would have permitted a 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.

Meat

Would have established a country of origin labeling requirement for all beef, pork, poultry and lamb.

Macadamia nuts

Would have established 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.

West Hawai'i shooting range

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

Bicycle and pedestrian safety

Would have established 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.