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HOW MAJOR BILLS FARED AT THE CAPITOL

State lawmakers adjourned the 2016 session on Thursday after reviewing hundreds of bills on issues ranging from homelessness to taxes. 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 can also allow bills to become law without his signature.
Lawmakers can override any veto by the governor with a two-thirds vote in both the House and Senate.

GOVERNMENT

BUSINESS/TAXES

EDUCATION

CONSUMER
PROTECTION/LABOR

PASSED

PASSED

PASSED

PASSED

State budget

Vacation rentals

Cool schools

HB 1700 HD1 SD1 CD1

HB 1850 HD1 SD3 CD1

SB 3126 SD2 HD2 CD1

Would authorize
$13.7 billion in state
spending for the fiscal
year that begins July 1,
including some of Gov.
David Iges key spending
initiatives such as
$160 million to rebuild
Hawaii State Hospital.

Would allow transient


vacation brokers to
register as tax collection
agents to collect
taxes owed on vacation
rentals, and then turn
that tax money over to
the state.

Budget reserves

SB 2684 SD1 HD1

Would authorize the use


of $100 million from the
state general treasury
to implement cooling
measures in public
school classrooms.
Funding for the initiative
came from unexpected
federal reimbursements,
most of which were
made in connection with
Medicaid.

HB 2317 HD1 SD1 CD1

Would set aside


$150 million for the
states Rainy Day
budget reserve fund.
Ige originally proposed
setting aside $100
million for the rainy day
fund this year.

Homelands funding
HB 1700 HD1 SD1 CD1

Would increase funding


for the state Department
of Hawaiian Home
Lands administration
and operating support to
$23.9 million to comply
with the state Constitution and a recent court
order.

Highways bailout
HB 2086 HD2 SD2

Would deposit
$37 million from the
general fund into the
state Highway Fund to
support road projects.
The Department of
Transportation warns
the Highway Fund is
being depleted, and Ige
proposed an increase
in state gas and weight
taxes to replenish it.
Lawmakers refused, and
instead voted to deposit
extra cash into the fund
as a stopgap.

Health payments

HB 1700 HD1 SD1 CD1

Would spend an extra


$81.9 million in 2017 to
more rapidly pay down
the unfunded liability for
public worker and retiree
health care benefits that
the state is required
to provide in the years
ahead.

Land purchase

HB 1700 HD1 SD1 CD1

Would provide
$31.5 million for the
state to buy prime agricultural lands between
Wahiawa and Waialua
from Dole Food Co.
Lawmakers want to
purchase the best of the
Dole lands to lease out
to farmers to increase
local food production.

FAILED
Mail-in elections

Would have required


the Office of Elections
to implement election by
mail on Kauai starting in
2018, followed by mailin balloting in all other
counties by 2020.

Elected judges

Would have proposed


an amendment to the
state Constitution to
eliminate the current
system of appointing
judges, and instead
require that judges in
Hawaii be elected.

Lottery

Would have created a


state lottery. Hawaii currently has no legalized
form of gambling.

Sports authority

Would have established


a Sports and Entertainment Authority to develop an entertainment
and sports industry in
the state and to oversee
Aloha Stadium and other
facilities.

Term limits

Would have proposed


an amendment to the
state Constitution
limiting state lawmakers
to no more than 12
consecutive years in the
same House or Senate
seat.

Elected AG

Would have proposed


an amendment to the
state Constitution to
require the attorney general be elected rather
than appointed by the
governor.

Divestment

Would have required the


Employees Retirement
System, which is the
public pension fund
for more than 118,000
state and county workers, to divest its investment portfolio of coal,
oil and gas companies
within five years.

Ride hailing

Would exclude
transportation network
companies such as Uber
and Lyft from regulations
that apply to taxis; would
require network companies to warn drivers
that their personal auto
insurance coverage may
not cover their driving
for the network; would
require that either the
driver or the network
have liability coverage
in place by Sept. 1 that
covers all driving done
for the network.

Unemployment
benefits

HB 2722 HD1 SD1 CD1

Creates a temporary
program to extend
unemployment benefits
for workers in Maui
County to Oct. 28,
2017. The extension of
unemployment benefits
is a response to the
closing of the Hawaiian
Commercial and Sugar
Co. plantation with 675
workers, and the Makena Beach & Golf Resort
with 385 workers.

Job training

HB 2605 HD1 SD2 CD1

Would provide
$850,000 for job training and support services
for dislocated workers
on Maui.

Workers comp

HB 2715 HD2 SD1 CD1

Would provide
$150,000 for the state
auditor to contract for
a study of the Hawaii
workers compensation
system to determine if
the system is fair to all.
Allegations surface each
year alleging unfair treatment of injured workers,
including delayed
processing of workers
compensation claims.

Organic credit

HB 1689 HD2 SD2 CD1

Would establish an
organic foods production tax credit of up to
$50,000 per taxpayer
starting Jan. 1, 2017.

FAILED
Gas tax

Would have increased


the state gasoline tax,
vehicle weight tax and
registration fees. The
original proposal by
Gov. David Ige would
have increased the state
gasoline tax to 19 cents
from 16 cents per gallon. The extra cost to the
average motorist from
the fee and tax increases
would be about $83
per year, which would
have generated an extra
$75 million a year for
the state Department of
Transportation.

Cigarette tax

Would have increased


taxes on cigarettes to
20 cents from 16 cents
per cigarette to raise
an extra $14.3 million
a year. Would have
earmarked half of the
extra money for the
University of Hawaii
Cancer Center, and half
for state-funded smoking
cessation and education
programs.

Equal pay

Would have prohibited an employer from


sexually discriminating
against employees by
paying lower wages to
employees of one sex
than the other for similar
work under similar working conditions.

Commercial leases

Sexual harassment
HB 2772 HD1 SD2 CD1

Would require the University of Hawaii to train


employees and students
on sexual harassment,
sexual assault, domestic
violence, dating violence
and stalking policies.

School construction
HB 1700 HD1 SD1 CD1

Would provide funding


in the state budget
for secondary schools
including $37.5 million
for a new high school
in South Maui, and
$12 million for a new
classroom building at
Campbell High School.

University
construction

HB 1700 HD1 SD1 CD1

Would provide funding


in the state budget for
$35 million for a new
Life Sciences building
at the University of
Hawaii at Manoa, and
$35 million for a new
Creative Media Facility
at UH-West Oahu.

Athletic funding

HB 1700 HD1 SD1 CD1

Would provide an extra


$3 million to support UH
athletics. The university
had requested the money to help cover the cost
of travel for the athletic
program.

Data management

SB 2607 SD2 HD2 (Act 40)

Would limit the ways in


which the operator of a
website, online service,
online application, or
mobile application working with the Department
of Education can use
student data.

Insulin assistance
HB 2494 (Act 10)

Would authorize Department of Education


employees to volunteer
to administer or assist
students with blood
glucose monitoring.

FAILED
Educational trips

Would have exempted


school employees who
plan and chaperone student trips from the state
Ethics Code relating to
gifts if certain conditions
are met.

Graduate assistants

Would have established


a collective bargaining
unit for University of
Hawaii graduate student
assistants.

Erins Law

Would have created


and funded the Erins
Law task force to guide
establishment of a program to educate public
school students on
sexual abuse prevention
through use of ageappropriate curricula.

Cancer center

Would have provided


$4 million in support for
the University of Hawaii
Cancer Center.

Tax for education

Would have raised the


general excise tax by
1 percent to increase
funding for public education in Hawaii.

Hire lawmakers

Would have allowed the


UH to hire members
of the state Legislature
or the county councils.
Hiring elected officials
is currently prohibited
by UH.

Would have mandated


that landowners of
leasehold commercial
properties be required to
sell those properties to
their tenants.

Smaller classes

Leased engines

Home-school
activities

Would have ended the


airlines special excise
tax exemptions for
amounts received as
rent for leasing of aircraft
or aircraft engines used
for interstate transportation. Hawaiian Airlines
estimated that the
exemptions save it up to
$5 million per year.

Would have established


a maximum classroom
size in public schools
to help improve student
achievement.

Would have allowed


home-schooled students
to participate in extracurricular activities offered
at the public school in
their district.

Mopeds

CRIME

HEALTH/
SOCIAL SERVICES

ENVIRONMENT

HOMELESS

PASSED

PASSED

PASSED

PASSED

Release offenders

STD screenings

HB 1753 HD3 SD2 CD1

HB 2391 HD2 SD2 CD1

HB 1897 HD1 SD1 CD1

Would require registration, inspections


and number plates for
mopeds.

Would authorize the


Department of Public
Safety to release pretrial
or convicted misdemeanor offenders to
relieve overcrowding
in Hawaii jails. People
arrested for a violent
crime or who have bail
set higher than $5,000
would not be eligible for
this release.

Would require health


insurers to cover annual
sexually transmitted
disease screenings,
including testing for HIV
and AIDS.

Medical marijuana
HB 2707 HD1 SD2 CD1

Would allow advanced


practice registered nurses to prescribe medical
marijuana; permits
medical marijuana to
be grown in structures
with translucent roofs
and makes other
amendments to Hawaiis
medical marijuana law.

Animal desertion

SB 2512 SD1 HD2 CD1

Would raise the penalty


for animal dumping from
$50 to $1,000. Fines
can escalate to $2,000
if an animal suffers death
or substantial injury.

Disciplined doctors
SB 2675 SD1 HD2

Would empower the


state to suspend the
licenses of doctors,
dentists, nurses and
pharmacists who lose
their practicing privileges
in other states. Allows
state regulatory boards
to match disciplinary
actions imposed by
another state or federal
agency.

Severance

SB 2077 SD1 HD2 CD2

Would authorize the


Hawaii Health Systems
Corp. to offer a severance or a special retirement benefit to employees who are laid off.

Jury duty

SB 2315 SD2 HD2

Would exempt women


from jury duty who
are breastfeeding or
expressing milk for a
period of two years from
the birth of a child.

FAILED
Car inspections

Would have required


motor vehicle safety
inspections to be conducted every two years
rather than annually.

Pre-authorization
of medical
treatments

Would have prohibited


insurers from requiring
pre-authorization for
medical treatments or
services that cause
undue delay in needed
care for a patient. Would
have specified that
insurers, and not health
care providers, are liable
for any civil damages
due to an undue delay in
patient care.

Smoking in
vehicles

Would have prohibited


smoking in a motor
vehicle when a minor is
present.

Vehicular
lollygagging

Would have required


drivers in the left lane to
safely move to the adjacent lane if they are going below the speed limit
and there are vehicles
trying to pass them.

Pesticide reporting
Would have required
large-scale agricultural
operations to disclose
pesticide use and alert
nearby neighbors prior
to outdoor spraying.

Fantasy sports
contests

Would have stipulated


that daily fantasy sports
contests, such as
FanDuel and DraftKings,
are not gambling. Would
have outlined consumer protections for the
industry.

Cellphones

Would have imposed a


penalty of $250 to pedestrians talking, texting
or using any function
on a mobile electronic
device while crossing a
street, road or highway.

Clotheslines

Would have established


protections for installing
clotheslines at residential dwellings.

Energy

Would have banned


electric utility companies
from recovering costs
from customers for the
purchase of coal and
would have prohibited
state regulators from
approving coal contracts
beginning Jan. 1, 2023.

Meth crimes

HB 2561 HD1 SD1 CD1

Would eliminate mandatory prison terms for


some methamphetamine
distribution and possession crimes.

Sex assault kits

HB 1907 HD2 SD2 CD1

Would require law


enforcement agencies
to inventory all stored
sexual assault evidence
collection kits and
report the results to the
attorney general. The
AG would report back to
lawmakers on the number of untested kits, and
plans for the disposition
of new and untested
kits. Would appropriate
$500,000 for testing of
at least 500 kits by Dec.
31, 2016.

Gun checks

SB 2954 SD2 HD1

Would authorize county


police departments to
enroll gun owners in a
criminal record monitoring service to alert police
when the gun owner is
arrested for a criminal
offense anywhere in the
country.

Stalking

HB 625 HD1 SD1

Would include misdemeanor stalking and misdemeanor sexual assault


among the offenses that
disqualify a person from
owning a firearm.

Death reviews

SB 2196 SD2 HD1 CD1

Would establish an
independent review
board within the
Attorney Generals
Office to investigate law
enforcement officer-involved deaths, and
make recommendations
on how those deaths
should be handled by
prosecutors.

Wrongful
conviction

HB 1046 HD2 SD2 CD1

Would require that


compensation be paid to
people who prove they
have been wrongfully
convicted and imprisoned. The state would
pay $50,000 per year of
wrongful imprisonment.

Sex trafficking

HB 1902 HD2 SD1 CD1

Would replace the


offense of first-degree
promoting prostitution
with sex trafficking and
would make sex trafficking punishable by up to
20 years in prison if the
victim is a minor.

FAILED
Terrorist list

Would have prohibited a


person listed in the federal Terrorist Screening
Database from possessing a firearm.

Police cams

Would have provided


state money for each
county to buy body-worn
video cameras and law
enforcement vehicle
cameras for police.

Victims rights

Would have proposed


an amendment to the
state Constitution to
guarantee rights to
victims of crimes, and to
the family members of
deceased crime victims.
Also known as Marsys
Law.

Fired police

Would have required the


attorney general to maintain a public database
of all law enforcement
officers who have been
terminated or forced to
resign due to criminal
activity, improper behavior or misconduct.

Misconduct
reporting

Would have repealed


the confidentiality
protection provided to
police under state law
for information regarding
police misconduct that
results in suspension.

Drug overdoses

SB 2392 SD2 HD3 CD1

Would provide legal


immunity for health care
professionals and pharmacists who prescribe,
dispense or administer
drugs for counteracting
an opioid drug overdose.
Would provide immunity
to first responders and
individuals who administer drugs for counteracting an opioid drug
overdose.

Birth control

SB 2319 SD1 HD3 CD1

Would require health


insurers to cover prescriptions for contraceptives that last up to 12
months.

Health department
inspections
SB 2384 SD1 HD1 CD1

Would require the


Department of Health to
conduct unannounced
inspections of long-term
care facilities beginning
July 1, 2019, and medical marijuana production
centers beginning July
1, 2016.

Dengue fever and


Zika virus
HB 1700 HD1 SD1 CD1

Would allocate
$1.27 million to the
Department Health to
combat dengue fever,
the Zika virus and other
disease threats. The
funding will allow the
state to hire 20 additional employees to assist
with vector control.

Wahiawa General
Hospital
HB 1700 HD1 SD1 CD1

Would allocate $2.5 million to support Wahiawa


General Hospital, which
is in financial distress.

FAILED
Dental insurance

Would have restored basic adult dental benefits


to Medicaid and Quest
Integration enrollees.

Sexual orientation
Would have prohibited
people licensed to
provide professional
counseling from advertising or offering gay
conversion therapy to
people under the age
of 18.

Renters credit

Would have expanded


the low income-household renters credit by
an undefined amount
based on income and
filing status, and would
boost the credit as the
Consumer Price Index
increases.

Medicaid docs

Would have required


doctors in Hawaii to
accept Medicaid and
Medicare patients as
a condition of license
renewal.

Mental health

Would have allowed


psychologists, under
certain circumstances,
to prescribe medication.
The measure is aimed
at addressing shortages
of mental health care
providers who can prescribe medication.

Long-term care

Would have added a


0.5 percent surcharge
to the general excise tax
to help cover the cost
of in-home health care
services for seniors and
the disabled.

Child protective
services

Would have repealed


mandatory reporting of
temporary restraining orders involving children to
Child Protective Service.
Bill advocates say the
reporting requirement
scares victims of domestic violence from seeking
restraining orders.

Earned income
tax credit

Would have created


a state earned income
tax credit equal to
10 percent of the federal
earned income tax credit. The measure is aimed
at combating poverty.

Water rights

Homeless shelters

HB 2501 HD2 SD2 CD1

SB 2559 SD1 HD1 CD1

Would allow revocable


permits for water to be
extended annually on a
holdover basis for up
to three years while an
application for a water
lease is pending before
the Board of Land and
Natural Resources. The
bill is backed by Alexander & Baldwin.

Would establish
minimum requirements
for emergency shelters,
including storage space
for residents and partitions to separate each
homeless family from
other shelter occupants
and families. Would
require annual financial
audits of agencies that
are funded by the state.
Would require that state
homeless shelter stipends paid to operators
of emergency homeless
shelters be tied to
performance measures
such as the number of
homeless served or the
services provided.

Ivory sales

SB 2647 SD1 HD2

Would prohibit the sale


and trade of ivory from
elephant tusks, as well
as parts of other endangered animals. The bill
aims to discourage the
slaughter of endangered
animals and illegal
trafficking of their parts
by curtailing the market
for these items.

Cesspools

SB 3084 SD1 HD2 CD1

Would allow Hawaiis


tax credits for cesspool
conversion to apply to
multiple tax map key
areas if there is more
than one residence connected to a large-capacity cesspool. A previous
version of the bill, limiting
the tax credits by income
level, failed.

Water pollution

HB 2030 HD1 SD2 CD1

Would prohibit the


discharge of treated or
raw sewage into state
waters after 2026,
unless the wastewater is
being used to produce
clean energy.

Energy co-ops

HB 2231 HD1 SD1 CD1

Would clarify that publicly owned energy co-ops


can qualify for special
purpose revenue bonds.

Red Hill

HB 2646 HD2 SD2 CD1

Creates a permanent
advisory committee
to study, monitor, and
address fuel tank leak
issues at the Navys
Red Hill Underground
Storage Facility, as well
as other underground
fuel tanks built by the
military.

FAILED
Underground
storage tanks

Would have banned the


construction of underground storage tanks
within 100 yards of the
shoreline beginning
July 2016. Would have
prohibited underground
storage tanks located
within 100 yards of the
shoreline from continuing to operate beginning
in 2045.

Beach restoration

Would have facilitated


the mining of sand
from a beach, stream
mouth or channel to an
adjoining beach to assist
with erosion control or
ecosystem restoration.

North Shore Oahu


beaches
Would have appropriated funds to create
a beach management
plan for North Shore
beaches.

Geothermal

Would have clarified


that Puna Geothermal
Venture, the states only
geothermal company,
could drill at night and
wasnt subject to a 2012
county ban on nighttime
drilling. Would have
established the states
authority to regulate
geothermal exploration
and development, unless
regulation was delegated to the counties by
statute.

Seawalls

Would have allowed


the Board of Land and
Natural Resources to
grant property owners
easements at below
market value for seawalls
that were initially built on
private property, but are
now situated on public
land.

Feeding stray cats

Would have prohibited


people from releasing or
feeding on state land animals that are destructive
to wildlife.

Homeless funding
HB 1700 HD1 SD1 CD1

Would provide
$12 million in funding for
unspecified homeless
programs. Gov. David
Iges administration had
initially requested
$9 million for the states
planned Housing
First program, rapid
re-housing services, a
pilot program to repair
vacant public housing
units, homeless outreach
services, rent subsidies,
a new homeless shelter
in Kakaako and a stored
property program.

Rental housing

HB 1700 HD1 SD1 CD1

Would provide more


than $91 million to subsidize development of
affordable rental housing
through the Dwelling
Unit Revolving Fund,
the Rental Housing
Revolving Fund and the
proceeds from the state
conveyance tax.

Mentally ill

SB 2560 SD2 HD1 CD1

Would require the state


Department of Health
to provide outreach,
treatment and care
for homeless individuals with serious and
persistent mental health
challenges as a part
of its comprehensive
mental health system,
and would appropriate
$500,000 to fund those
services for next year.

FAILED
Criminal trespass

Would have created a


new petty misdemeanor criminal offense of
criminal trespassing on
state lands for people
who remain illegally on
posted state lands, or
under state highways.

Identification

Would have appropriated additional money


to the Department of
Human Services to help
homeless people obtain
government-issued
identification.

Work program

Would have established a Work for a Day


Pilot Program similar to
programs in Albuquerque, N.M., and Tucson,
Ariz., which provide
homeless people with
temporary jobs and job
training. The original bill
proposed that the work
would include tasks
such as landscaping
and trash collection.
The program was to be
operated by the City and
County of Honolulu.

Medical assistance

Would have created a


system to gather data
regarding homeless
individuals use of
publicly funded medical
assistance programs.

Probation

Would have authorized


the courts to require that
a convicted defendant
who is homeless must
stay in a homeless
shelter each night as a
condition of probation.

Response team

Would have established


the homeless emergency action response team
in the Department of
Human Services to work
with county agencies
including police departments, and would have
appropriated money for
startup costs.