State Senate Adjourns Session Approving More than 240 Bills Including Key Measures that Improve the Lives of Hawaii’s People
Lawmakers remain vigilant throughout legislative session striking a balance on measures supporting keiki, kupuna, workers and environment
News Release from Hawaii Senate Democratic Caucus May 2, 2014
The Hawaii State Senate today adjourned the 2014 session passing more than 240 bills that align with its initial priorities to make Hawaii a better place for everyone now and in the future through initiatives supporting Hawaii’s keiki, kupuna, workers and the environment.
“The ability to compromise and work together is essential to making good laws that help Hawaii’s people today and in the future,” said Senate President Donna Mercado Kim. “It is thanks to the patience and passion of our members and advocates that we were able to complete another successful session.”
“With anything we do in life, it’s always about balance. That’s the same way we look at it here in our majority caucus,” said Sen. Brickwood Galuteria. “Every issue will have two opposing sides. Our job as lawmakers is to come out at the end of session with worthy legislation that improve the quality of life of our people. I think we did just that and I’m proud of my colleagues in the Senate Majority.
The Senate Majority, whose members are Democrats, this afternoon took action on its final bills of the session. Some of the major bills discussed and approved were several education measures that align with earlier action emphasizing the Senate’s commitment to Hawaii’s keiki, the future of Hawaii.
Lawmakers passed four bills relating to education, one prohibiting teachers from using seclusion and creating conditions and procedures for the use of restraint in schools in order to promote the safety and well-being of students (HB2257), and another raising the salary cap of the superintendent of education in order to attract and retain exemplary candidates (HB2257). The third bill will allow charter schools to charge fees on the use of facilities to help cover operating costs (HB1745).
Overall, many of the notable bills this session focused on prevention and maintaining core services and projects. Lawmakers funded initiatives that address imminent problems (as part of the joint majority package) such as the rise in kupuna population, spread of invasive species, and effects of climate control. Lawmakers also remained committed to providing continued support for the people most in need, including Hawaii’s keiki, k?puna and workers who earn the lowest wages.
The governor has 45 days from the time a bill was received to veto it, sign it into law, or allow it to pass into law without his signature.
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Highlights of Bills Passed this Session
Minimum Wage Increase
SB2609: Increases minimum wage rate to $7.75 per hour beginning on 1/1/15, $8.50 per hour beginning on 1/1/16, $9.25 per hour beginning on 1/1/17, and $10.10 per hour beginning on 1/1/18. Increases the tip credit to 50 cents per hour beginning on 1/1/15, and 75 cents per hour beginning on 1/1/16; provided that beginning 1/1/15, the combined amount the employee receives in wages and tips is at least $7 more than the applicable minimum wage
TAT for Counties
HB1671: Increases the current cap on transient accommodations tax revenues to be distributed to the counties for two fiscal years. Establishes a working group to determine future county allocation ceiling amounts and the appropriate division of the provision of public services between the State and counties.
Turtle Bay Resort Conservation Easement
HB2434: Establishes a method to use transient accommodations tax revenues to pay the debt service on revenue bonds issued by the Hawaii tourism authority to acquire a conservation easement in Turtle Bay, Oahu.
Joint Majority Package
Supporting Hawaii’s Kupuna
HB1713 SD2 and SB2346 SD1 HD2 supports Hawaii’s kupuna through funding of aging, long-term care and investor education programs
Protecting the Environment
HB1714: Establishes an interagency sea level rise vulnerability and adaptation committee under the State Department of Land and Natural Resources.
HB1716: Appropriates $5 million to the Hawaii Invasive Species Council for invasive species prevention, control, outreach, research, and planning, passed out of committee earlier this month.
HB2590: Allows voter registration at absentee polling places beginning in 2016 and late voter registration, including on Election Day, beginning in 2018. Appropriates funds.
Other Notable Bills
SB2629: Requires lobbyists and specified individuals to report to the Hawaii State Ethics Commission, within 30 days of adjournment sine die of a special session of the Legislature, on contributions and expenditures made to lobby on legislative matters considered during that special session. (SD2629 HD1
SB2634: Requires individuals who spend more than $750 on lobbying during a statement period to itemize each expenditure in certain categories, as applicable.
SB2682: Fifteen boards and commissions will be required to file public financial disclosure statements
Sunshine Exemption for Counties
HB2139: Authorizes a limited meeting where any number of county council members may attend a board’s or community group’s meeting to discuss council business, provided that certain requirements are met. Repeals 6/30/2016.
SB2591: Police departments will have to disclose more information about police misconduct. They will have to report to the Legislature how many officers were suspended or fired in a given year, and whether the disciplinary action resulted in criminal charges or was still subject to a union appeal.
Rental Housing Trust Fund
SB2542: Increases the allocation of conveyance tax collections to the rental housing trust fund from 30 percent to 50 percent beginning July 1, 2014. The rental housing trust fund is used to provide loans or grants for the development, pre-development, construction, acquisition, preservation, and substantial rehabilitation of rental housing units. It is estimated that restoring the allocation of conveyance ta collections to 50 percent will generate $33, 100,000 for the rental housing trust fund for fiscal year 2014-2015.
Bonds for Affordable Housing
HB 2448: Authorizes HHFDC to issue bonds for infrastructure for land owned by an eligible developer for the construction of affordable housing.
Housing Choice Voucher
HB1539: Requires the return of a housing choice voucher to the Hawaii Public Housing Authority upon the death or removal from assistance of the last original household member or upon the youngest minor of the family reaching the age of 21 or 23 if the minor is a full-time student. Prohibits adding legal guardians to the household unless the legal guardian is also eligible for participation in the program
Hula Mae Multifamily Revenue Bond
HB2251: Increases the Hula Mae Multifamily Revenue Bond authorization limit from $750,000,000 to $1,000,000,000. Hula Mae helps qualifying first-time homebuyers with 30-year mortgages at competitive rates and offers some down payment assistance.
HB2288: Amends the Hawaiian Homes Commission Act to permit the Department of Hawaiian Home Lands to dispose of department-owned or department-controlled improvements, or space within an improvement, on Hawaiian home lands through direct negotiation.
Nonviolent Offender reentry pilot project
HB2363: Provides systematic reentry programming for nonviolent, low-risk drug offenders by establishing and funding a reentry pilot project for nonviolent, low-risk drug offenders.
Statute of limitations on sex abuse cases
SB2687: Extends the period during which a victim of child sexual abuse may bring an otherwise time-barred civil action against the victim’s abuser or an entity with a duty of care, including the State and counties.
Sexual Assault, statute of limitations
HB2034: Removes the statute of limitations for criminal actions arising from sexual assault in the first and second degrees and continuous sexual assault of a minor under the age of fourteen years.
Habitual property crimes
HB2205: Imposes a mandatory minimum term of one year imprisonment upon conviction for the offense of habitual property crime. Authorizes probation only for a first conviction of the offense of habitual property crime.
HB1926: Amends the offense of prostitution to include sadomasochistic abuse under the definition of “sexual conduct” and clarify that a law enforcement officer shall not be exempt from the offense if the law enforcement officer engages in sexual penetration or sadomasochistic abuse while acting in the course and scope of duties. Amends the offense of solicitation of a minor for prostitution. Clarifies sentencing of repeat offenders and enhanced sentences for repeat violent and sexual offenders. Amends the applicability of a deferred acceptance of guilty plea or nolo contendere plea.
HB2038: Establishes the Human Trafficking Victim Services Fund to be administered by the DLIR to provide support and services to human trafficking victims. Also establishes human trafficking victim fees to be imposed upon persons convicted of labor trafficking and prostitution offenses.
Internet Crimes Against Children
HB702: Establishes an Internet Crimes Against Children Fee for each felony or misdemeanor conviction. Specifies order of priority for collection of fees. Establishes an Internet Crimes Against Children Special Fund. Requires deposit of fees collected into the Special Fund. Appropriates funds
HB 611: Prohibits tanning facilities from allowing the use of tanning beds by anyone under 18 and imposes fines for violations.
Hawaii Health Connector Oversight
SB2470: Establishes the Hawaii health connector as the State of Hawaii Health Insurance Exchange.
West Maui Hospital
HB2213: Authorizes the issuance of special purpose revenue bonds to assist West Maui Hospital and Medical Center Foundation, Inc. in establishing a hospital in west Maui
HB1752: Appropriates funds to provide primary medical, dental, and behavioral healthcare to uninsured and underinsured patients and restores basic adult dental benefits to Medicaid enrollees; and appropriates funds to community health centers to provide outreach.
Geothermal on Hawaiian Home Lands
SB2953: Provides that all royalties from geothermal resources on Department of Hawaiian Home Lands (DHHL) lands shall be paid to DHHL.
UH Hilo Astronomy Center
SB3093: Makes an appropriation to the University of Hawaii at Hilo to support its memorandum of agreement with RISE 21st Century After School Program.
HB1745: Authorizes the State Public Charter School Commission to assess fees on non-state entities and individuals to help offset its operating costs. Establishes pre-opening procedures and requirements for charter applicants. Clarifies that beginning with fiscal year 2015-2016, appropriations for the state public charter school commission are separate and in addition to appropriations for charter schools. Makes other amendments to Hawaii’s charter school law for clarity and consistency. Requires a report on the Commission’s staffing and operational expenditures.
Restraint and Seclusion
HB1796: Prohibits the use of seclusion in public schools; establishes conditions and procedures for the use of restraint in public schools; and requires collection and review of data. Requires reports. Makes an appropriation.
HB2257: Adjusts the salary cap of the Superintendent of Education. Requires an annual evaluation of the Superintendent of Education based on outcomes determined by the Board of Education. Repeals June 30, 2024.
HB2598: Renames the Hawaii 3R’s School Repair and Maintenance Fund the Hawaii 3R’s School Improvement Fund. Requires the transfer of moneys collected pursuant to section 235-102.5(b), Hawaii Revised Statutes, and authorizes the transfer of any other moneys received in the form of grants and donations for school-level improvements and minor repairs and maintenance to the Hawaii 3R’s School Improvement Fund.
SB2768: Makes kindergarten mandatory for children who will be at least five years of age on July 31 of the school year, unless otherwise exempt.
HB2009: Establishes a minimum reserve requirement in the Milk Control Special Fund to cover contingency costs in the administration of the State’s Milk Control Act. Specifically includes audits as a contingency cost.
HB1931: Appropriates funds to DOA to research and develop methods for the prevention and treatment of macadamia felted coccid. Makes an appropriation. Effective 7/1/2014.
Lower Hamakua Ditch
HB2179: Limits the toll that the Board of Agriculture may charge for water from Lower Hamakua Ditch. Takes effect on 7/1/2015.
Coffee Berry Borer
HB1514: Establishes a Pesticide Subsidy Program until June 30, 2019, for the purchase of pesticides containing Beauveria bassiana to combat the coffee berry borer
Energy and Environment
SB2809: Aligns statutory language regarding utility ratemaking with widely accepted utility ratemaking principles and ratemaking practices already applied in Hawaii by allowing utilities in the State the opportunity to earn a fair return on utility property that is “used and useful” for public utility purposes.
SB632: Establishes environmental courts as divisions of the circuit courts and district courts to hear proceedings, including certain chapter 91, Hawaii Revised Statutes, proceedings arising from certain environmental laws. Requires the Judiciary to convene a working group and report to the Legislature the total number of environmental-related cases filed in the last five years and recommendations for implementing environmental courts in the State.
Energy Systems Development Special Fund
SB2196: Re-establishes the energy systems development special fund, which was repealed. Extends the repeal of various allocations of the environmental response, energy, and food security tax from 2015 to 2030.
Public Utilities Commission
SB2948: Transfers the administrative placement of the public utilities commission from the department of budget and finance to the department of commerce and consumer affairs. Clarifies the public utilities commission’s authority concerning standard administrative practices, including operational expenditures and the hiring of personnel. Enables the chair of the public utilities commission to appoint, employ, and dismiss an executive officer, fiscal officer, and personnel officer. Establishes that the executive director of the division of consumer advocacy shall be the consumer advocate. Appropriates funds to effectuate the transfer of the public utilities commission and for the hiring of an executive officer, fiscal officer, and personnel officer.
HB1943 – Eliminates technical and economic barriers that prevent customer-generators from interconnecting to the Hawaii electric grid
General Excise Tax
HB1772: Exempts from the general excise tax amounts received by a contractor of the Patient-Centered Community Care Program established by the United States Department of Veterans Affairs for costs or advances to third party health care providers
HB1564: Requires the counties to obtain approval from the office of veterans’ services prior to any action that may impact the State’s obligation to establish and maintain veterans cemeteries
HB1770: Requires notation of veteran status on state driver’s licenses and identification cards if desired by the applicant. Effective October 1, 2014.
Gold Star Family Day
HB2071: Designates the last Sunday in September as “Gold Star Family Day”.
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