Hawaii Family Forum Legislative Week in Review

Weekly Recap  April 26, 2019

Administrative Deadlines this Week

This week the legislature draws closer to closing.  

Monday, April 22, 2019, the SECOND CROSSOVER FOR CONCURRENT RESOLUTIONS.  This is the deadline for passing amended concurrent resolutions in the non-originating chamber in order to "cross back" to the originating chamber.

Thursday, April 25, 2019, the FINAL DECKING OF NON-FISCAL BILLS. Deadline for submitting non-fiscal bills for final reading by both chambers.

Today, Friday, April 26, 2019, is the FINAL DECKING OF FISCAL BILLS. This is the deadline for submitting fiscal bills for final reading by both chambers. Fiscal bills include appropriation or spending bills, tax credits, etc., or any bill with a House Finance or Senate Ways and Means referral.

Marijuana Decriminalization Bill Down to the Wire

HB 1383 SD 1 Relating to Marijuana
Decriminalizes the possession of 3 grams or less of marijuana and establish that the possession is a violation punishable by a monetary fine of $30. Provides for the expungement of criminal records pertaining solely to the possession of 3 grams or less of marijuana. Establishes a marijuana evaluation task force to make recommendations on changing marijuana use penalties and outcomes in the State.
STATUS: On April 26, 2019, the conference committee passed the bill with amendments. The votes were as follows:
(HOUSE) 5 Ayes: Representative(s) C. Lee, Luke, Morikawa, Takayama, Thielen;  
(SENATE) 2 Aye(s): Senator(s) K. Rhoads, English; Aye(s) with reservations: none ; 1 No(es): Senator(s) Fevella; and 1 Excused: Senator(s) Nishihara.  The bill will now be sent to the full House & Senate chambers for vote.  

Suicide Prevention Education Bills Awaiting Governor Action

HB 330 CD1 Relating to Suicide Prevention
Appropriates moneys for youth suicide early intervention, prevention, and education initiatives. (HB330 CD1)
STATUS:  On April 22, 2019, the bill was transmitted to the Governor.
HB 655 SD1 Relating to Health
Designates the month of September of each year as Suicide Prevention and Awareness Month. (SD1)
STATUS:  On April 22, 2019, the bill was transmitted to the Governor.
SB 383 HD1 Relating to Youth Suicide Prevention
Requires DOE to establish a mandatory youth suicide awareness and prevention training program and model risk referral protocol, based on existing materials created by DOH, for all public schools, including charter schools. Requires charter schools to provide the training program and risk referral protocol to all school personnel who work directly with students in department schools and charter schools, respectively. (SB383 HD1)
STATUS:  The bill passed conference committee on April 25, 2019, and will now go to both the House and Senate full chambers for a vote.  Mostly likely on April 30.
HB 1416 SD 1 Relating to Health
Establishes a Suicide Prevention Commission to develop a strategic plan to reduce suicides within Hawaii's correctional system. Appropriates moneys to the Department of Health to develop a centralized assessment and treatment program. (SD1)
STATUS:  On April 22, 2019, the Senate finally appointed their conference committee members. However, no conference committee hearings have been set so this bill may be dead this session.

Palliative Care Support: Education for Hawaii's Community

SB 804 HD 1 Relating to Palliative Care
Establishes the culturally competent palliative care pilot program within the DOH to provide public education and conduct two home- or community-based palliative care pilot programs. Establishes an advisory group to oversee the pilot program. Appropriates funds. (SB804 HD1)
STATUS:  On April 24, 2019, the conference committee passed the bill with amendments.  It will now go to the full House and Senate chambers for a vote.  Mostly likely early next week.

Conversion Therapy Ban - Expansion

HB 664 SD1 Relating to Gender Identity
Clarifies that the ban on sexual orientation change efforts applies to conversion therapy practices or treatments that seek to change an individual's sexual orientation or gender identity. (SD1)
STATUS:  On April 25, 2019, the bill passed Final Reading as amended in SD 1 with Representative(s) Okimoto voting aye with reservations; Representative(s) Matsumoto, McDermott, Ward voting no (3) and Representative(s) Cachola, Thielen excused (2).  The bill has been sent to the Governor for signature.

Can Minors Access Medical Care without Parental Consent?

SB 768 HD2 RELATING TO ADOLESCENT MENTAL HEALTH SERVICES
Permits certain minors to consent to treatment or counseling by a mental health professional. Requires, as part of the standard of care, the minor patient to be informed about confidentiality. Restricts disclosure of a minor's payment information for mental health treatment in certain circumstances. (SB768 HD2)
STATUS:  As of this post, the Conference committee meeting to reconvene on 04-26-19 4:30PM in conference room 229 is still the last post showing.

Driver's License Third Gender

HB 1165 SD2 Relating to Gender Identification
Requires a license or state identification card to include a person's full legal name, date of birth, gender designation, residence address, and license number. Specifies gender designation options of F, M, or X. Effective 7/1/2020. (SD2)
Excerpt from the bill: "The examiner of drivers shall not require documentation for an applicant's selection of gender designation or an applicant's request for an amendment to a gender designation other than the applicant's self-certification of their chosen gender designation; provided that the examiner of drivers shall not be prohibited from requiring documentation that may incidentally show an applicant's birth sex category if such documentation is necessary to establish that the applicant is legally entitled to a license."
STATUS:  On April 25, 2019 The House Conference Managers recommended that the conference committee agree to the Senate Amendments. The votes were as follows: 4 Ayes: Representative(s) Aquino, C. Lee, Nakamura, Thielen.

Upcoming Legislative Deadlines

MAY 2 – THURSDAY -- ADJOURNMENT SINE DIE
In Latin, "sine die" means "without a day specified for future meeting." Adjournment sine die occurs on the 60th legislative day of a Regular Session, and indicates a suspension of the business of the legislature indefinitely. Next, the Legislature will certify the bills whose form both chambers have agreed to, and will transmit or "enroll" those bills to the Governor. Contact PAR for information regarding the Governor's deadlines.

What happens at the Governor's Office?

If the bill is sent to the Governor on or BEFORE APRIL 15th (10 or more days before sine die), then...

If the Governor signs the bill within 10 days, the bill becomes law.

If the Governor neither signs nor vetoes the bill within 10 days, the bill becomes law without the Governor's signature.

If the Governor vetoes the bill within 10 days, the bill does not become law unless the Legislature reconsiders the bill before sine die and overrides the veto by a 2/3 vote of all members in each chamber.

If the bill is sent to the Governor AFTER APRIL 15th (less than 10 days prior to sine die), then...

• If the Governor signs the bill by July 9th (the 45th day after sine die), the bill becomes law.
• If the Governor neither signs nor vetoes the bill by July 9th (the 45th day after sine die), the bill becomes law without the Governor's signature.
• If the Governor intends to veto the bill, the Governor must inform the Legislature by June 24th (the 35th day after sine die) and deliver the veto by July 9th.

If the bill is vetoed, it will not become law unless:

• the Legislature amends the bill in special session to address the Governor's objections and the Governor signs the amended bill within 10 days of receipt, or
• the Legislature successfully overrides the veto in special session by a 2/3 vote of all members in each chamber.

The Legislature must convene in special session at or before noon on JULY 9th to act upon the Governor's veto.