Measures include cannabis decriminalization, bail, Medicaid
and election reforms
Honolulu, Hawaiʻi – As the end of the 2019 legislative session
approaches, the House is starting to take final votes on bills that have
survived close scrutiny by both the House and Senate.
More than 3,000 bills were introduced this session and more than 200
bills will likely be sent to the Governor by the end of session May 2.
The House today passed 206
bills ranging from cannabis decriminalization to landmark Medicaid, bail, and election reforms, to
clean transportation policies and measures that address Hawaiʻi's homeless and affordable housing crises. Once all the measures passed with a CD1 are also
passed by the Senate, they will go to the Governor for approval or veto.
Measure highlights:
Medicaid
SB330 SD1 HD1 SD1 CD1 Individuals
with disabilities who rely on Medicaid are often unable to earn an income and
retain the benefits their lives depend on. "Kal's Law" requires the Department of
Human Services to implement an Earned Income Disregard Program, which will
disregard the income earned by otherwise Medicaid-eligible individuals with
disabilities between 16 and 64 years old when determining their eligibility for
Medicaid. This is intended as an interim step towards a Medicaid buy-in
program.
Bail/Prisons
HB1552 HD2 SD2 CD1 Addresses overcrowded jails and brings equity
to Hawaiʻi's system of bail by establishing a Hawaiʻi
Correctional System Oversight Commission, implementing recommendations of the
Criminal Pretrial Task Force, and establishing a Criminal Justice Institute
within the office of the Chief Justice.
HB456 HD2 SD2 CD1
Addresses damage done during the riot at the Maui Community Correctional
Center. Appropriates funds for the immediate needs of Maui Community
Correctional Center. Exempts the funds appropriated for the immediate needs of
Maui Community Correctional Center from the procurement code. Appropriates
funds for six months of housing costs for two hundred forty-eight inmates at
Saguaro Correctional Center in Arizona and for costs to return the inmates to
Hawaii.
Elections
SB216 SD2
HD1 CD1 Requires a
mandatory recount of election votes and ballot measures when the margin of
victory for election contests or tabulation for ballot measures is equal to or
less than one hundred or one-quarter of one per cent of the votes cast,
whichever is greater.
HB1248 HD1 SD2 CD1 Enacts
voting by mail uniformly across all counties for all elections commencing in
2020. Establishes a limited number of voter service centers that would remain
open from the tenth business day preceding an election through the day of the
election to receive personal delivery of mail-in ballots, accommodate voters
with special needs, offer same day registration and voting, and provide other
election services. Allows for additional places of deposit for personal
delivery of mail-in ballots. Appropriates funds for the implementation and
administration of the election by mail program. Requires the Office of
Elections to submit a report to the legislature before the convening of each
regular session from 2020 through 2025, regarding the implementation of a vote
by mail system.
Clean Transportation
HB1585 HD1 SD2 CD1
Creates a rebate program for the installation or upgrade of electric
vehicle charging stations in publicly accessible commercial areas, workplaces,
and multi-unit dwellings. The rebate is not for single-family residences or
parking stalls reserved for individual use.
HB401
HD1 SD2 CD1 Allows
state and county agencies to enter into performance contracts for electric
vehicle fleets and charging infrastructure.
HB
852 HD1 SD1 CD1 Clarifies
and strengthens the role of the Hawaiʻi
State Energy Office in developing policies and programs to support the adoption
of clean transportation.
SB661 SD1 HD1 CD1 Grants
procurement priority for fuel cell electric vehicles for state and county
vehicle purchases. Includes fuel cell electric vehicles in the definition of
"electric vehicles" for purposes of parking fee exemption, high
occupancy vehicle lane use, registration, and required parking spaces in places
of public accommodation.
SB409 SD2 HD1 CD1 Establishes
an annual vehicle registration surcharge fee for electric vehicles and
alternative fuel vehicles to be deposited into the State Highway Fund.
Homelessness
HB257
HD2 SD1 CD1 Authorizes the use of private lands for the
Ohana Zones Pilot Program. Extends implementation of the Ohana Zones Pilot
Program to June 30, 2023. Extends the Emergency Department Homelessness
Assessment Pilot Program and the Medical Respite Pilot Program to June 30,
2020. Appropriates funds.
SB471
SD2 HD1 CD1 Appropriates funds for core homelessness
services, including the outreach program, rapid re-housing program, housing
first program, family assessment centers, stored property and debris removal
services, and the state rent supplemental program.
SB398
SD1 HD1 CD1 Directs the Department of Human Services, in
partnership with the state procurement office, to provide training on
government procurement and other relevant procedures to nonprofit organizations
that offer homeless outreach services or manage homeless housing programs in
rural areas of the State. Appropriates funds for the training program.
SB567
SD2 HD2 CD1 Appropriates funds for program ID HTH420 for
the Department of Health to contract for legal assistance with petitions for
assisted community treatment and related court proceedings.
SB1124 SD2 HD1 CD1 Requires
a licensed psychiatrist or advanced practice registered nurse with prescriptive
authority and psychiatric specialization to determine, prior to a person's
discharge from a psychiatric facility, whether an assisted community treatment
plan is indicated and to make certain arrangements if so indicated. Amends the
criteria for assisted community treatment.
Affordable housing
SB1223 SD2 HD1 CD1 Extends
the sunset date of Act 141, Session Laws of Hawaii 2009, as amended, which
requires each county to issue affordable housing credits to the Department of
Hawaiian Home Lands, until July 1, 2024. Extends the sunset date of Act 98,
Session Laws of Hawaii 2012, as amended, which requires the counties to issue
affordable housing credits for each residential unit, or if allowed under the
county's affordable housing program, vacant lot, developed by the Department of
Hawaiian Home Lands, until July 1, 2024.
HB543 HD1 SD1 CD1 Directs
the Hawaiʻi Housing Finance and
Development Corporation to initiate negotiations and exercise its power of
eminent domain to acquire the Front Street Apartments affordable housing
project on Maui unless the ground lease is renegotiated, or a new lease is
issued by 12/31/19. Extends the deadline to complete the Lealiʻi affordable housing project on Maui.
Appropriates funds from the rental housing revolving fund.
HB1312 HD1 SD1 CD1 Authorizes the issuance of general obligation
bonds to be appropriated into and out of the rental housing revolving fund.
HB820 HD1 SD1 CD1 Requires
the Hawaiʻi Housing Finance and
Development Corporation to study and formulate a plan to implement an ALOHA
homes program to provide low-cost, high-density leasehold homes for sale to
Hawaiʻi residents on
state-owned lands within a one-half mile radius of a public transit station.
Appropriates moneys.
Cannabis
HB1383 HD2 SD1 CD1 Provides for the expungement of criminal
records pertaining solely to the possession of three grams or less of
marijuana. Decriminalizes the possession of three grams or less of marijuana
and establishes that the possession is a violation punishable by a monetary
fine of $130. Establishes a marijuana evaluation task force to make
recommendations on changing marijuana use penalties and outcomes in the State.
HB290
HD1 SD2 CD1 Authorizes
qualifying patients or qualifying out-of-state patients to transport medical
cannabis between islands for their personal medical use.
Hemp
Production
SB1353
SD3 HD3 CD1 Requires the Department of Agriculture to
establish a permanent industrial hemp program pursuant to federal law, and a
corresponding special fund. Reduces or repeals certain regulatory requirements
under the existing industrial hemp pilot program. Establishes monetary
penalties for the unauthorized cultivation of hemp. Establishes authorized
cultivation of hemp as an affirmative defense to certain criminal offenses
pertaining to marijuana. Excludes hemp from statutory definitions of marijuana.
Requires the chairperson of the Board
of Agriculture to prepare a state plan for approval by the federal Secretary of
Agriculture and report on the approval process to the Legislature and Governor.
Appropriates funds.
Real
Estate Investment Trusts
SB301
SD1 HD1 CD1 Disallows dividends paid deduction for real
estate investment trusts. Applies to taxable years beginning after 12/31/2019.
Sunsets 12/31/2023.
Driving Under the Influence
HB703 HD1 SD2 CD1 Amends the sentencing requirements for OVUII
and HOVUII offenses. Amends the threshold for HOVUII offenses. Requires the
President of the Senate and the Speaker of the House of Representatives to
convene a task force to examine and propose legislation that would allow the
courts, under certain circumstances, to prohibit a person convicted of OVUII or
HOVUII from purchasing or publicly consuming alcohol for a probation period.
Emergency Services
SB281 SD1 HD2 CD1 Appropriates funds to the Department of
Health for collective bargaining requirements for ambulance providers and other
current expenses. Requires the Department of Health to contract with the National
Highway Traffic Safety Administration under the guidance of a steering
committee to conduct a study of the State Emergency Medical System. Authorizes
the Department of Health to establish a task force to develop a plan to
implement findings and recommendations of the National Highway Traffic Safety
Administration's study and any proposed legislation.
Opioids
SB536
SD2 HD1 CD1 Clarifies that existing law intended to curb
over-access to and abuse of opioids, including the time frame for filling
prescriptions, supply limitations, and requirements to check the state
electronic prescription accountability system and execute an informed consent
process, do not apply to qualifying patients who are prescribed or issued
prescriptions pursuant to the State's Our Care, Our Choice Act.
SB535
SD1 HD1 CD1 Authorizes pharmacists, acting in good faith
and exercising reasonable care, to prescribe and dispense an opioid antagonist
to patients at risk of overdose, and family members and caregivers of patients
at risk of overdose. Sunsets 6/30/2024.
Economic Development
SB33 SD3 HD2 CD1 Increases
the annual rolling cap for the Motion Picture, Digital Media, and Film
Production Income Tax Credit to $50 million. Requires the University of Hawaiʻi, West Oʻahu campus and the Hawaiʻi Technology Development Corporation to execute a memorandum of understanding that commits the parties to
enter into a no-cost lease agreement for at least 60 years that includes a
provision for the transfer of title within 6 years to a certain parcel of land
from the University of Hawaiʻi,
West Oahu campus to the HTDC.
SB989
SD2 HD2 CD1 Renames
the Hawaiʻi Television and Film
Development Special Fund as the Hawaiʻi
Film and Creative Industries Development Special Fund and expands its funding
sources and purposes. Appropriates funds for the University of Hawaiʻi creative media program to strengthen the pipeline of students into
the creative media industry.
Aloha Stadium
HB1586
HD1 SD2 CD1 Establishes
the Stadium Development District comprising all state land under the Stadium
Authority's jurisdiction. Authorizes the Hawaiʻi Community Development Authority to facilitate
the development of all state property within the District. Requires a memorandum
of agreement for matters affecting the District. Directs the Department of Land and Natural Resources to transfer the title
of stadium lands to the Stadium Authority. Subjects leases of land within the
District to not more than 99 years. Authorizes the issuance of revenue bonds
and general obligation bonds. Appropriates funds. Requires annual reports to
the Legislature.
Education
HB622 HD2 SD1 CD1 Requires
charter schools to provide to their authorizers full access to their fiscal and
accounting books, documents, and files. Requires authorizers to select three
independent auditors, from which the charter school will select one independent
auditor. Prohibits individuals from serving as Charter School Commission
members if the individual was affiliated with a charter school within one year
preceding appointment.
HB398 HD1 SD2 CD1 Amends the composition of the
Board of Regents of the University of Hawaiʻi by reducing the number of board members from 15 members to 11 members and
specifying terms of holdover for board members.
Tobacco
SB1405 SD2 HD2 CD1 Requires public school teachers and educators
to confiscate electronic cigarettes from students under 21 years of age.
Requires the Department of Health to establish a Safe Harbor Program by which
persons under the age of 21 may dispose of electronic cigarettes in their
possession. Increases administrative fines for persons under the age of 21 for
certain electronic smoking device infractions.
Suicide Prevention
SB383 SD2 HD1 CD1 Requires the Department of Education to establish a mandatory youth suicide
awareness and prevention training program and model risk referral protocol,
based on existing materials created by the Department of Health, 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.
Illegal
Parking
HB333 HD1 SD2 CD1 Addresses illegally parked vehicles along
state highways that cause traffic gridlock, draw community complaints, and
create unsafe and hazardous conditions by establishing the State Highway Enforcement Program to enforce
illegal parking violations and provide for parking management improvements.
Additionally imposes a parking violation surcharge of $200, in addition to
other penalties and fines, for parking violations on state highways.
Highway Safety
SB663
SD2 HD1 CD1 Establishes
within the Department of Transporation
a red light running committee to develop policy for pilot programs in the City and
County of Honolulu, and Counties
of Maui, Kauaʻi, and Hawaiʻi.
Agricultural
Theft
SB759 SD2 HD1 CD1 Requires
the Department of Agriculture to establish a 2-year Agricultural Theft and
Vandalism Pilot Project to examine the effectiveness of prosecuting
agricultural theft and agricultural vandalism in the counties of Hawaiʻi and Maui. Appropriates funds.
Rapid ʻŌhiʻa Death
HB1548 HD1 SD2 CD1 Appropriates funds to the Department of Land
and Natural Resources to study and combat rapid ʻōhiʻa
death.
Manta
Rays
HB808 HD1 SD2 CD1 Expands
the existing prohibition on knowingly capturing or killing a manta ray in state
marine waters to apply to all rays and to also include knowingly taking,
possessing, abusing, or entangling a ray. Provides certain exemptions.
Child Abuse
SB1232
SD1 HD1 CD1 Authorizes the Department of Human Services
to disclose, upon consent, confirmed reports of child abuse or neglect to any
parent or guardian of a child enrolled in an exempt or excluded child care
facility.
Bishop Museum
HB1375
HD2 SD2 CD1 Appropriates
funds to support the work of the State of Hawaiʻi Museum of Natural and Cultural History (also known
as Bishop Museum), including the
hiring of staff, provided that these sums are in addition to and do not
supplant any portion of the base budget for the museum.
Filipino Caucus
SB1417 SD2 HD1 CD1 Appropriates funds for burial grants for
qualifying Filipino-American World War II veterans to provide funeral and
burial services and transportation of their remains to the Philippines, subject
to certain conditions.
Kupuna
HB471
HD1 SD1 CD1
Establishes quorum requirements for the Policy Advisory Board for Elder
Affairs.
Finance/Budget
HB116 SD1 CD1 Appropriates
funds for the operating budget of the Executive Branch for fiscal years 2019‑2020
and 2020‑2021.
HB809 SD1 CD1 Appropriates
operating and capital improvement grants for fiscal year 2020. Effective
7/1/2019.
The House has passed
232 bills on final reading so far this session. Click here
for a list of all bills that have passed final reading in the House of Representatives.
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