Measures
relate to state budget, minimum wage, TAT, Health Connector, seniors, invasive
species, mandatory kindergarten, police misconduct, abuse of minors
Two days before the
close of session, the House today approved bills that address a wide range of
issues, including raising the minimum wage, restructuring the state Health
Connector, increasing the counties’ share of the State’s Transient
Accommodations Tax (TAT) and approving the State Budget.
Budget
considerations and measures that required funding were hampered with lower than
expected revenue projections, as well as the misconception that the State was
flush with a revenue surplus. Nevertheless, lawmakers were able to raise the
cap on the TAT, increasing the counties’ share by $20 million over the next two
years. In addition, the Legislature was able to recapitalize the state’s
Hurricane Relief Fund and its rainy day fund, and continue to pay down its
unfunded liabilities.
"Long-term financial
obligations aside, we worked hard to respond to the needs of our kupuna and to
raise the income of our families on the lowest rung of the economic ladder,”
said House Speaker Joseph M. Souki. “We’ve worked to better protect our seniors
from financial abuse and support them with a variety of programs and services.
We passed a number of bills to improve our schools at all levels and to protect
our most vulnerable from harm including our keiki.
“We’ve also made
progress in protecting our environment and our economy from destructive
invasive species and will create a task force to look into planning for
catastrophic events because of climate change.”
Additionally, this
session is the first time since the 2008 Legislative session that a joint House
and Senate Majority Package has been offered (SB2345, SB2346 and HB1714 focus on
helping seniors and addressing climate change). The significance of such a
package is that the included bills are considered to have statewide importance
and the commitment of the majorities of both chambers.
Highlights of the
measures passed include:
EDUCATION
SB2134,
SD1, HD1, CD1 amends various sections of chapter 302A, HRS, relating to
Department of Education schools to comply with the requirements of the federal
Individuals with Disabilities Education Act.
SB2768,
SD2, HD2, CD1 makes kindergarten mandatory for children who will be at
least five years of age on July 31 of the school year, unless otherwise exempt.
SENIORS
SB2345,
SD1, HD1, CD1 appropriates funds for educational outreach to protect
vulnerable kupuna based on DCCA's existing investor education programs,
particularly in the areas of annuities and ponzi schemes. MAJORITY PACKAGE
SB2346,
SD1, HD2, CD1 appropriates general funds to the Department of Health for
community-based services and programs for older persons. Requires the
Department of Health Executive Office on Aging to conduct a public education
and awareness campaign on long-term care and appropriates funds for this
purpose. MAJORITY PACKAGE
HB2053,
HD1, SD1, CD1 establishes a Fall Prevention and Early Detection Coordinator
position within the Department of Health's Emergency Medical Services and Injury
Prevention System Branch and appropriates funds for this purpose.
EMPLOYMENT AND WORKING
FAMILIES
SB2609,
SD1, HD2, CD1 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.
SB1233,
HD1, CD1 requires certain private employers to allow employees to take
leaves of absence for organ, bone marrow, or peripheral blood stem cell
donation. Provides that unused sick leave, vacation, or paid time off, or
unpaid time off, may be used for these leaves of absence. Requires employers to
restore an employee returning from leave to the same or equivalent position. Establishes
a private right of action for employees seeking enforcement of these provisions.
HOUSING
HB1539,
HD1, SD2, CD1 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 household reaching
the age of twenty-one or twenty-three 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.
SB2542,
SD1, HD1, CD1 restores the allocation of conveyance tax collections to the
rental housing trust fund to 50 percent beginning July 1, 2014.
HEALTH
SB2470,
SD1, HD1, CD1 establishes the Connector Legislative Oversight Committee and
requires the Committee to annually review a report and annual sustainability
plan prepared and submitted by the Board of Directors of the Hawaii Health
Connector. Permits Connector-certified insurance agents and brokers to enroll
individuals and employers in qualified plans through the Connector. Clarifies
that the Connector must submit the results of the Connector's annual audit to
the Legislature and requires the annual audit to comply with standard
accounting practices for reviewing nonprofit corporations. Provides the Connector
with the means to generate non-insurer based revenue. Amends the composition
and procedures of the Board of directors of the Connector beginning on October
1, 2014. Repeals requirement for the Department of Human Services to determine
Medicaid eligibility for purposes of purchasing plans from the Connector.
Appropriates $1,500,000 for the operations of the Connector.
HB2581,
HD3, SD2, CD1 establishes the State Innovation Waiver Task Force to develop
a plan for applying for a state innovation waiver that meets the requirements
of federal law. Requires the task force to submit two interim reports and a
final report to the Legislature.
SB2866,
SD1, HD1, CD1 makes an emergency appropriation of $15,000,000 to support
the functions of the Hawaii Health Systems Corporation.
SB651,
SD2, HD2, CD1 Prohibits smoking in and around public housing projects and
state low-income housing projects under the jurisdiction of the Hawaii public
housing authority including in and around elder or elderly households.
HB611,
HD1, SD1, CD1 makes it unlawful for tanning facility owners, lessees, and
operators to allow use of tanning beds, tanning booths, sun lamps, and certain
other tanning equipment by anyone under the age of 18.
ENERGY AND ENVIRONMENT
HB1714, HD1, SD2, CD1 addresses climate change adaptation
by establishing the interagency climate adaptation committee under the DLNR to
develop a sea level rise vulnerability and adaptation report that addresses sea
level rise impacts statewide to 2050. Tasks the office of planning with
establishing and implementing strategic climate adaptation plans and policy
recommendations using the sea level rise vulnerability and adaptation report as
a framework for addressing other statewide climate impacts identified under Act
286, Session Laws of Hawaii 2012. Appropriates funds for staffing and
resources. MAJORITY PACKAGE
HB1514,
HD1, SD2, CD1 establishes a Pesticide Subsidy Program until June 30, 2019,
for the purchase of pesticides containing Beauveria bassiana to combat the
coffee berry borer.
HB1943, HD2, SD2, CD1 amends the public utilities
commission guiding principles regarding the modernization of the electric grid.
HB1951,
HD1, SD2, CD1 extends the
authorization of the issuance of special purpose revenue bonds to Honolulu
Seawater Air Conditioning, LLC, for the purpose of design and construction of a
seawater air conditioning district cooling system in downtown Honolulu, for an
additional five years.
SB2953,
SD1, HD3, CD1 provides that all royalties from geothermal resources on Department
of Hawaiian Home Lands parcels shall be paid to DHHL.
PUBLIC SAFETY
HB1750,
HD1, SD1, CD1 expands the offense of
violation of privacy in the first degree to include knowingly disclosing an
image or video of another identifiable person either in the nude or engaging in
sexual conduct without the consent of the depicted person and with intent to
harm substantially the depicted person.
SB2729,
SD2, HD1, CD1 amends the law
prohibiting operation of a motor vehicle while using a mobile electronic device
by adding an exemption for completely stopped drivers that have the engine off and
are in a safe location out of the way of traffic, amending the definition of
"operate", amending the penalties for violations, and deeming a
violation to be a traffic infraction.
SB2591,
SD1, SD1, CD1 requires additional detail and updating for annual reports to
the Legislature of police misconduct; requires retention of disciplinary
records for the later of eighteen months after reporting or the date according
to the county police department's record retention policy; permits disclosure
under the Uniform Information Practices Act of certain information regarding
misconduct by a police officer only in cases that result in the discharge of an
officer and if specific factors are met, including the passing of ninety
calendar days following the issuance of a decision sustaining the discharge.
HB1926,
HD1, SD1, CD1 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.
HB2205,
HD1, SD1, CD1 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.
SB2687,
SD1, HD2, CD1 extends the time 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.
HB2116,
HD2, SD1, CD1 eliminates sentences of life imprisonment without the
possibility of parole for juvenile offenders.
HB2034,
HD2, SD1, CD1 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.
SB2308,
SD1, HD1, CD1 makes an appropriation to the Department of Public Safety for
programs and services for children of incarcerated parents and to assist with
family reunification.
SB702,
SD2, HD2, CD1 establishes an Internet Crimes Against Children Fee for each
felony or misdemeanor conviction of certain criminal offenses relating to
children. 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.
HB1993,
SD2, CD1 requires a police officer to make reasonable inquiry of witnesses
and the family or household member upon whom physical abuse or harm is believed
to have been inflicted and order a no-contact period of forty-eight hours.
Makes the commission of an act of physical abuse in the presence of a family or
household member who is a minor under the age of fourteen a class C felony.
SB2315,
SD1, HD1, CD1 appropriates funds to the Department of Public Safety to
provide substance abuse treatment services to Halawa Correctional Facility
inmates.
TOURISM AND ECONOMIC
DEVELOPMENT
HB2152,
HD1, SD2, CD1 appropriates funds to the Pacific International Space Center
for Exploration Systems to support administrative and general tasks and
strategic program initiatives.
SB2583, SD1, HD1, CD1 appropriates funds for an engineering
assessment of a proposal to establish a laser optical communications ground
station in Hawaii.
HB1671,
HD1, SD1, CD1 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.
ELECTIONS, GOVERNMENT
AND TRANSPARENCY
SB2682,
SD1, HD2, CD1 requires the financial disclosure statements of members of
certain boards, commissions, and agencies to be made available for public
inspection and duplication. Limits information on the source of income of the
spouse and dependent children of those whose financial disclosures are public
to the name of the income source.
SB2634,
SD1, HD2, CD1 specifies that individuals required to file an expenditure
statement for lobbying activities must, for expenditures in excess of $750 per
statement period, itemize each expenditure in certain categories, as
applicable.
HB2590,
HD1, SD2, CD1 allows voter registration at absentee polling places
beginning in 2016 and late voter registration, including on election day,
beginning in 2018. Appropriates funds.
FISCAL RESPONSIBLITY
HB1638, HD2, SD2, CD1 appropriates funds to the judiciary
for FY 2014-2015.
HB1700,
HD1, SD1, CD1 adjusts appropriations for the fiscal biennium 2013‑2015
operating and capital improvement budgets of executive branch agencies and
programs.
CULTURE AND ARTS
HB2051,
HD1, SD2, CD1 amends the criteria
for the works of art to be commissioned to honor the late U.S. Senator Daniel
K. Inouye and the late U.S. Representative Patsy T. Mink pursuant to Act 281,
SLH 2013. Amends the appropriation to $250,000 for fiscal year 2014-2015 only. Makes
the Hawaii State Foundation on Culture and the Arts the expending agency.
