Legislative scorecard misses positive benefits of new laws

The Grassroot Institute of Hawaii has recently released its 2008 Legislative Scorecard. State lawmakers were ranked based on the Institute's own criteria on how well liberty and freedom were held up this year and through analyses of voting records.

Although praised for passing HB 2971, HB 2557, HB 1755, SB 2292, SB 2400, and SB 2425, many lawmakers scored low for voting yes on several other bills deemed bad for taxpayers by the Institute. After reviewing the scorecard, it was apparent that the scores lacked reflection of some of the positive benefits of passing certain bills. Legislators were ranked based on subjective and stringent rules and categories that do not take into consideration the bigger picture.

Scores were based on whether lawmakers made the "smart vote" on matters regarding personal freedom, taxes, business regulations, government and justice. A "smart vote," according to the Institute, is a vote in support of personal freedom, against higher taxes and fees, against the burdensome regulation of business, in favor of smaller government, and for appropriate penalties for harmful activity.

Many of the bills selected cannot be determined good or bad for taxpayer based on cut-and-dried observations. Several of these bills did not fit the ideals of the Institute, but a lot of them are obviously good for our state.

For example, SB 2373, a bill that closes a loophole in a previous law of maintaining written records of sales of pseudoephedrine products by requiring all pharmacies to use electronic logs that can be sent immediately to the Department of Public Safety (DPS) was considered a bad law for taxpayers. Pseudoephedrine products contain the chemicals that are needed to make crystal meth. Drug dealers and drug addicts are known to frequent drug stores to purchase these products in order to make and sell crystal meth. The Institute criticized the bill for being a gross invasion of privacy, however this new law is necessary to make the old law effective. Electronic logs will allow DPS to take real-time action in identifying habitual buyers rather than waiting months for written logs. This bill will help the department to make strides in preventing the production and sale of illegal drugs.

Another bill considered bad for residents is HB 2843, which expands inspection fees to any freight brought to the islands. The Institute reports that taxpayers may absorb the cost of fees through higher prices, but fails to mention that the fee is an "invasive species" inspection fee that will be collected by the Department of Agriculture in an effort to control the spread of invasive species that may hitch a ride on foreign cargo. In written testimony, the Department of Land and Natural Resources states, "Preventing new invasive species from establishing in Hawaii provides the greatest long term protection for Hawaii and the Department supports strong import quarantine measures." Failing to address the threat of invasive species today will prove to be even more costly to Hawaii residents in the future.

Check out the Grassroot Institute's website where it provides you with a summary of the results, a description of the bills and its reasons for opposing or agreeing with the passage of a bill. You can also find bills in their entirety and public testimony in support or against a bill at the Legislature's website to make your own decision on the effectiveness of a certain bill.

Commentary by Thelma Dreyer

Lawmakers discuss possible overrides

Members of the House and Senate are currently meeting privately to discuss whether they will override any of the 41 bills vetoed by Gov. Linda Lingle on the last day before the bills would have become law without her signature.

The vetoes include measures related to workers' compensation, invasive species, permanent absentee voting and electronic device recycling.

For more information on Special Session 2008, visit the Hawaii State Legislature website.

You can also access a list of all vetoed bills and veto messages here.

Voices Heard

A number of caregivers, Kupuna advocates, care home operators and their patients rallied yesterday at the State Capitol in support of SB2830, widely known as The Caregiver Bill. Joined by Reps. John Mizuno, Rida Cabanilla, Joey Manahan and other lawmakers, the troop of over thirty supporters ardently chanted toward the rooftop of the State Capitol, urging Gov. Linda Lingle to sign their bill. The measure was one of 52 bills on the Governor's intent-to-veto list.

"SIGN OUR BILL. SIGN OUR BILL. SIGN OUR BILL."

Those words reverberated through the Capitol as the group waved their signs condemning a veto of a bill that would effectuate the recommendations of the Joint Legislative Committee on Family Caregiving, including:

(1) Extends the sunset date of the Joint Legislative Committee on Family Caregiving;

(2) Changes the name of the committee to the Joint Legislative Committee on Aging in Place (Committee);

(3) Expands the Committee mandate to include aging in place issues related to family caregiving;
(4) Requires the Aging and Disability Resource Center to report to the Committee;

(5) Requires the Committee to conduct a cash and counseling project;

(6) Appropriates funds to the Committee;

(7) Allows the Kupuna Care Program to include overnight, weekend, and emergency respite services and provide grants to caregivers for home modification;

(8) Appropriates funds for a respite care study;

(9) Appropriates funds to the Kupuna Care Program; and

(10) Establish a task force to focus on the needs and issues of grandparents raising grandchildren.

It appears that their voices were heard.

The Governor signed the bill into law yesterday with a line item veto that eliminates the $500,000 appropriation to the Kupuna Care Program (number 9 above).

You can read the Governor's veto message here.

Effective July 1, 2008

Many of the bills passed by the legislature have an effective date of July 1 - the start of the new fiscal year. Here's a few of this year's bills of interest, which have already been signed into law, that take effect today:

SB2782 SD2 HD2 RELATING TO METAL. Just in time for the July 4th weekend. Includes beer kegs in laws intended to monitor scrap metal resale. Creates a new misdemeanor offense of theft of beer keg.

SB2499 HD1 CD2 RELATING TO TARO. Kalo finally becomes the official state plant.

SB2464 HD1 CD1 RELATING TO THE STATE MAMMAL. The Hawaiian monk seal becomes the official state mammal.

HB2346 HD2 SD2 CD1 RELATING TO ENDANGERING THE WELFARE OF A MINOR. Expands the crimes of endangering the welfare of a minor in the first and second degrees to include situations in which an adult causes or permits a minor to inject, ingest, or inhale certain controlled substances that were not prescribed for the minor by a physician.

SB3092 SD1 HD1 CD1 RELATING TO SOCIAL SECURITY NUMBER. Mandates that only the last four digits of an individual's social security number shall be listed on judgments, orders, or decrees endorsed and recorded in the bureau of conveyances or land court.

HB2224 HD1 SD2 RELATING TO INSURANCE. Requires group health issuers to offer small group health plans to self-employed individuals who are registered or licensed by the department of commerce and consumer affairs and are located in the group issuer's service areas.

SB1961 SD1 HD1 CD1 RELATING TO BAIL. Establishes grounds for the denial, nonrenewal, suspension, or revocation of a bail agent's insurance producer's license. Establishes fiduciary responsibilities for bail agents. Prohibits an attorney who is a bail agent from representing a person to whom the attorney has furnished bail for compensation.

SB3051 SD2 HD1 CD1. RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS FOR SOCIAL SERVICES PROGRAMS. Authorizes the department of human services or its designee to conduct criminal history record checks for those providing services to vulnerable adults and children.

SB2423 SD2 HD2 CD1 RELATING TO LAND ACQUISITION. Directs the governor, or the governor's designee, to acquire lands owned by Kuilima Resort Company, Oaktree Capital, LLC, and their successors in interest, commonly known as Turtle Bay Hotel and Resort located in Kahuku, Oahu.

HB2710 HD2 SD2 RELATING TO THE RE-EMPLOYMENT OF RETIREES. Allows the state and county governments to hire retired state or county government employees if the employer abides by certain conditions.

HB2366 SD1 CD1 RELATING TO THE ORGAN DONOR REGISTRY. Establishes a statewide organ donor registry

HB3377 SD2 CD1 RELATING TO HIGHWAY SAFETY. Permits installation of ignition interlock device on the vehicle of a person arrested for driving under the influence that prevents the person from starting or operating a motor vehicle with more than a minimal alcohol concentration while the person's case is pending and while the person's license is revoked pursuant to chapter 291E, HRS.

SB2218 SD1 HD2 CD1 RELATING TO ELECTRONIC MONITORING. Requires electronic monitoring of persons convicted of violating a domestic abuse temporary restraining order or protective order.

HB931 HD1 SD1 CD1 RELATING TO MOPEDS. Exempts certain three-wheeled mopeds from seating and passenger restrictions on the operation of mopeds. Requires liability and property damage insurance on three-wheeled mopeds. Restricts three-wheeled mopeds to roadways with speed limits of 35 mph or less.

SB3227 SD2 HD1 CD1 RELATING TO HARBORS. Expands the authority of the aloha tower development corporation to assist in the development of the statewide harbors modernization plan by establishing the Harbors Modernization Group. Authorizes the department of transportation to issue revenue bonds to finance the harbor improvements. Appropriates or authorizes moneys from the harbor revenue bond funds.

Silent March for Good Samaritan; GPS tracking now law

A silent march around the State Capitol will be held at 5:30 p.m. to remember Steven Wilcox, 19, who was allegedly stabbed to death outside a Waimanalo karaoke bar. Witnesses of the crime said that Wilcox was attempting to stop a domestic abuse situation. Participants are asked to meet street-side, near the Father Damien statue.

This recent tragedy has stirred up talk in the media about legislation that had or had not passed out this session. The Good Samaritan bill (SB3182), which did not make it through the legislative process, would have increased sentencing for anyone convicted of assaulting a Good Samaritan.

Another bill, SB2218 SD1 HD2 CD1, creating a two-year pilot program to allow courts to order violators of domestic violence temporary restraining orders to where a GPS tracking device was signed into law yesterday by the Governor as ACT 180 (08). Requiring offenders to wear the electronic tracking device will be at the discretion of the judge and at the expense of the offender.

Rep. Marilyn Lee, the lawmaker who introduced the House companion bill, rose in support of the bill during a voting session on the House floor, recounting a story of appreciation from a woman who suffered domestic violence abuse. She said:

"I recently received a letter from a woman who thanked me for proposing this bill. This woman was in a physically abusive relationship with her ex-boyfriend for over ten years. In December 2002, he beat her so severely that she finally realized he would eventually kill her. This woman took positive steps in mitigating the situation by enrolling in programs at the Family Peace Center. The Center offers programs for adults and children in order to provide peace to Hawaii's families by offering safety, support, empowerment and accountability to survivors, offenders and child witnesses to domestic violence. She chose the Maluhia Victim/Survivor Family Component program that serves survivors of domestic violence. This loving mother chose for her daughter, the Haupoa Family Component program that works with children who have witnessed domestic violence in the family. Although it has been five years since the temporary restraining order was granted, she still has "encounters" with the ex-boyfriend. This woman and her daughter still fear for their safety and as a consequence, have curtailed public outings. This woman's story has touched me so much. Now, more than ever, I definitely believe an electronic monitoring device will serve as an additional tool that would assist the court in protecting victims and their children's safety. I urge the members to support this bill."

To a different effect, Rep. Cindy Evans voted "yes" on the bill, but had concerns about the devices false sense of safety and its high financial cost. This is what she had to say:

"First, the technology for electronic monitoring is improving, but there are many areas around the State where GPS cannot pick up the signal to determine the location of the individual. Thus, a victim of abuse may become too confident on the monitoring system and stop taking necessary precautions to protect themselves. Second, the cost for the individual to wear an electronic monitoring device is estimated at $25 per day. If one wants to get a warning on their cellular phone that the individual wearing the device is nearby, there is another charge of up to $25 a day. I'm concerned the cost is too high. The technology continues to improve and maybe we are premature in thinking this device will keep someone safe. For these reasons, I'm in support with some concerns."

Governor's Review Period

The House Chief Clerk informs us that the Governor has until next Monday, June 23rd, to provide a ten-day notice of intent to veto bills passed during the 2008 legislative session.

According to Article III, Section 16 of the Hawaii State Constitution:

The governor shall have forty-five days, after the adjournment of the legislature sine die, to consider bills presented to the governor less than ten days before such adjournment, or presented after adjournment, and any such bill shall become law on the forty-fifth day, unless the governor by proclamation shall have given ten days' notice to the legislature that the governor plans to return such bill with the governor's objections on that day.

The 45th day is Tuesday, July 8th, 2008. The Governor's ten day notification of intent to veto is Monday, June 23rd. The computation of the 45 day period excludes Saturdays, Sundays, and holidays.

Mine the House Journal for Gems

I know it's not everyone's idea of interesting reading, but if you are so inclined, the House technology team has put the House Journal 2008 session online. There you will find the exact wording of the floor speeches, the rebuttals, the announcements, who was recognized in the gallery that day, and even the jokes. There you will also find submittals that were never spoken on the floor, but entered into the journal later as written comments.

How do you access the House Journal? Go the Bill Status page on the Capitol Website and scroll down to the box that says 2008 Regular Session Order of the Day, type in a specific date, and check off House Daily Journal. Simple.

Of course, you are going to have to guess which days are relevant if you are looking for something specific. Going to the Legislative timetable may help to narrow your search. Looking for what might have been said at first crossover? That would probably be the long day, March 4th. How about the end of session? Most of the bills were voted upon on April 29th, and about 30 more, and some of the more controversial ones, on May 1st. The Office of the Chief Clerk is still working on getting those two last days online, but everything else is up.

The House Journal also gives you a flavor of who speaks, how often, and the quality of their remarks. I'd venture to guess that not many people actually read the Journal in the past. Now that it is so readily available to the public, I hope more folks will be exposed to the interesting work that goes on in the Capitol.

Here's a gem, something light, from April 10th, page 13 of the House Journal on HCR81, HD1, SUPPORTING THE DESIGNATION OF APRIL 6TH OF EVERY YEAR AS TARTAN DAY IN HAWAII.

Representative Herkes rose to speak in support of the measure, stating:

"I rise in support of Stand. Com. Rep. 1798, HCR No. 81, the Tartan Day. I was born in Scotland. I was a British subject until I was 18 years old. I know that the Scots invented the modern world; I have a book that says that.

I had the privilege of being in Scotland last May, a guest of the Speaker of the House of Commons, and sat in on the meeting of Parliament. I'm very proud that this Resolution is to be adopted, as a Scot. Aye."

Representative Thielen rose to speak in support of the measure, stating:

"Thank you, Mr. Speaker. I also speak in strong support of this measure. My grandfather, a number of generations ago, Patrick Henry, was born in Aberdeen, Scotland and then immigrated to the colonies to freedom. So, I'm very much in support of this, and I believe we have another person from Scotland in the body, and I hope he'll say a few comments."

Representative McKelvey rose to speak in support of the measure, stating:

"Thank you very much, lads. I stand in strong support of ye Resolution. I'd just like to say this Resolution is like fine haggis on a dew Scot morning. Delicious. Thank you."

Representative Ching rose to speak in support of the measure, stating:

"As the founder of the Heritage Caucus, I absolutely do share some Scottish blood, and I know what haggis is. And as a former (member) of the Caledonian Society is something that...I don't know...it's like natto bean, maybe. Anyway, in strong support. Thank you."

Lege Wrap Up Tonight on "Island Insights"

"Island Insights", the Hawaii Public Television public affairs show hosted by Dan Boylan, will cover the highlights of the 2008 legislative session just concluded. The guests for the first 45 minutes will be: Speaker Calvin Say, Senate President Colleen Hanabusa, Governor's policy advisor Linda Smith, and Senate Minority Leader Fred Hemmings.

For the remaining 15 minutes, the show's producers have asked Richard Borreca from the Honolulu Star-Bulletin and Malia Zimmerman from HawaiiReporter.com to discuss the session from a journalists' point of view.

Tune in at 7:30 p.m. Channel 10/11. The show is live and takes questions by telephone or email.

Aloha to Reps. Green, Sonson and Takamine

Rep. Dwight Takamine in foreground looks over bills on the last day of the 2008 session.

Prior to adjournment sine die, the Speaker and House members said aloha to three members who will not be returning to the House next year. All three are running for Senate seats.

Rep. Dwight Takamine, District 1- North Kohala, South Kohala, Hamakua, North Hilo, South Hilo, was first elected in 1984, making Takamine a 24-year veteran. He won the seat formerly held by his father, Yoshito Takamine, who served for 26 years. Takamine was formerly Chair of Finance and serves as the senior member of the Big Island delegation.

Rep. Alex Sonson, District 35 - Pearl City, Waipahu, was first elected in 2002. He has been a state representative for 6 years, but he said it took him 8 years to get there :). Sonson is currently Chair of Labor and Public Employment.

Rep. Alex Sonson rises to speak. Rep. Josh Green sits to the right.

Rep. Josh Green, District 6 - North Kona, Keauhou, Kailua-Kona, Honokohau, has served since 2004. A medical emergency room doctor, Green said he is available to treat members if they are ever in need on the Big Island, whether it be a prescription for rogaine or some medical indiscretion. We'll leave it to you to determine who he had in mind. Green is currently Chair of Health.

Legislative appointments confirmed

In a joint session of the House and Senate, the following appointments were confirmed today:

Marion Higa, State Auditor, Office of the Auditor - Appointed for a term of 8 years commencing July 1, 2008.

Ken Takayama, Director of the Legislative Reference Bureau - Appointed for a term of 6 years commencing July 1, 2008.

Robin Matsunaga, State Ombudsman, Office of the Ombudsman - Appointed for a term of 6 years commencing July 1, 2008.

Congratulations to all!

Sine Die - Without Day

The 2008 legislative session is scheduled to adjourn sine die tomorrow. I never took Latin in school and have always been curious about the term. Everyone seems to pronounce it "SIGN-nee dye". According to Wikipedia, that is the popular and accepted pronunciation, but the proper pronunciation is "SIN nay DEE ay", and it means to adjourn without a day to reconvene. In other words, the final day of a session.

Final Reading

Of the 152 bills on the order of the day, 69 bills were placed on the consent calendar for passage.

Six friendly floor amendments, mainly technical changes, were offered on the following bills:

HB2293 on the Galbraith purchase, HB2872 regarding the leaseholders and permittees at Kokee state park, SB2198 on land conservation tax credits, SB2499 on effective date of taro as the state plant, SB6 clarifying which opihi can and cannot be picked, and SB2262 on VEBA trust sunset extension.

Two bills were recommitted back to conference:

SB2363 on sexual assault against a person who is mentally defective, and HB1832 on campaign signs.

Wednesday is a recess day. The House is back for the last day of the session on Thursday, May 1st at 10:00 a.m. There are 29 bills up for final reading, in addition to the 6 bills that were amended today. Included in the bunch are Turtle Bay acquisition, Ignition Interlocking Device, Pedestrian Safety appropriation, Important Agricultural Lands, Solar Energy Tax Credits, Absentee Voting, Biosecurity for Invasive Species, and more.

Top Five Reasons to Vote for the Budget

It's 11:30 a.m. and the House is voting on the HB2500, the executive budget bill. Rep. Marcus Oshiro, chairman of the Finance Committee provided these top five reasons to vote for the bill:

Number 5: This budget prioritizes education.

This budget provides 155% more money than the Governor provided for the repair and maintenance of our schools. The Governor included $26 million; while this budget provides $66.4 million.

This budget provides 42% more than the Govenor provided for the repair and maintenance of University of Hawaii facilities. The Govenor provided $50 million while this budget provides $71.2 million.

This budget provides a total of $57.7 million for the charter schools. That's $1.6 million more thanthe Governor provided in her budget and $6.1 million more than they are currently receiving.

Number 4: This budget prioritizes health and human services by providing:

$10 million for adult mental health;
$4.3 million for Emergency Medical Services;
$1.1 million for the Hawaii State Hospital
$5.7 million to draw down $7 million in federal funds for our hospitals that care for the uninsured;
$585,000 to insure that State Children Health Insurance Program (SCHIP) coverage for children is protected from impending federal budget cuts;
$26 million for the completion of the Kukui Gardens purchase, thereby protecting its tenants from becoming homeless;
$3.8 million for homeless services for Bldg. 36 in Kalaeloa, Kahikolu in Waianae, and other existing services;
$15 million in general obligation bonds to the Rental Housing Trust Fund; and
$10 million in general obligation bonds to the Dwelling Unit Revolving Fund.

Number 3: This budget prioritizes public safety by providing:

$240,000 for the Department of Justice compliance issues regarding mental health services at our prisons;
$271,000 for the Hawaii Youth Correctional Facility to maintain compliance with their Department of Justice Memorandum of Agreement.

Number 2: This budget ensures that the Governor can release appropriations held hostage by the Governor.

112 GIA applicants with grants totaling approximately $9 million in Operating Funds and $24 million in CIP funds that were appropriated last year still wait for their money to be released by the Governor. Why haven't the monies been released for: the Honolulu Symphony, Habitat for Humanity, Catholic Charities, Easter Seals or the Salvation Army?

This budget allows the Governor to release those moneys and support these non-profits that support our communities.

The Governor has refused to release about $43 million in appropriations and valuable initiatives passed by the Legislature last year. For example,

Act 272 provided $250,000 to increase transparency in state government;
Act 147 provided $200,000 for perinatal care;
Act 284 provided $8 million to increase Medicaid reinbursements to doctors providing health care to the underinsured and uninsured;
Act 237 provided $500,000 to increase low and moderate income family home ownership; and
Act 178 provided $84,000 for screening and referral to substance abuse services.

This budget allows those innovative programs to proceed without further delay.

Number 1: Finally, this budget appropriates $44.7 million less in operating general funds than the Governor's budget.

Day 59

Tomorrow, Tuesday, is Day 59 of the 60-day 2008 legislative session. It will be a long day of voting for bills up for final reading in both the House and Senate. The House begins at 10 a.m., and you can watch the proceedings LIVE on Olelo, Channel 49. The Senate also begins at 10 a.m., and they will be broadcast on Channel 53. We'll do a post on dates/times for the rebroadcast schedule when that becomes available. If you want to follow along, the order of the day (O.D.) should be available on Tuesday morning on the capitol website, www.capitol.hawaii.gov, under bill status.

There are 152 bills up for Tuesday, and 29 bills up for Thursday. Wednesday is a recess day. The O.D. will include a consent calendar, bills for which members have consented to vote in one motion with no floor debate. Members are able to vote aye or noe, but they will not be able to rise and speak on any bill on the consent calendar.

At the stroke of midnight

Some found their glass slipper, some turned back into pumpkins. Thursday evening, the House Finance Committee and Senate Ways and Means Committee met and agreed on HB2500, CD1, the Executive budget bill. Friday evening, the House and Senate leadership and chairs gathered in Room 309 to sign conference committee reports and vote on the last of the conference drafts for the session. By the midnight deadline, room 309 was still packed with lawmakers, staffers, media and public. Take a look:

More bills survive conference

Today was the deadline for non-fiscal bills to pass out of conference. The bills will go into final reading on both chamber floors for one last vote and if enough support is garnered for the measures, they will be sent to the Governor for review. The Governor can sign the bills and enact them into law, not sign them and the bills become law after 45 days, or veto the bills. Here are some of the measures that survived this week (date in parenthesis is when bill passed out):

Protecting Children

RELATING TO FAMILY COURT SB2054 SD2 HD2 CD1 (4/21) passed with amendments. The bill establishes criteria for the best interests of the child, to specify what factors the courts shall consider in making a custody or visitation determination concerning a minor child.

RELATING TO CHILD PROTECTION SB2730 SD2 HD2 CD1 (4/21) passed with amendments. This bill establishes a preference for placement of children needing child protective services.

RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS FOR SOCIAL SERVICES PROGRAMS SB3051 SD2 HD1 (4/24) passed with amendments. This bill authorizes the Department of Human Services or its designee to conduct criminal history record checks for those providing services to vulnerable adults and children.

Crime

RELATING TO CRIME SB2212 SD1 HD2 (4/21) passed with amendments. This bill defines "labor" and "service" in the context of extortion promoting prostitution and eliminates distinction between minors under 18 and minors under 16 for purposes of promoting prostitution.

RELATING TO PSEUDOEPHEDRINE SALES SB2373 SD1 HD2 (4/24) passed with amendments. This bill requires pharmacies and retailers to maintain an electronic log of sales of pseudoephedrine and related products and transmit the information to the Department of Public Safety Narcotics Enforcement Division on a monthly basis.

RELATING TO PROSTITUTION HB3002 HD1 SD1 (4/24) passed with amendments. This bill creates a new offense of habitual solicitation of prostitution, a class C felony, if the person pays, agrees to pay, or offers to pay a fee to another person to engage in sexual conduct, and has two or more specified prior offenses related to prostitution within ten years of the instant offense. Sunset 6/30/2010.

RELATING TO HAWAII PENAL CODE HB3383 SD1 (4/24) passed with amendments. This bill requires that multiple terms of imprisonment to run concurrently unless the court orders or the law mandates that the terms run consecutively. Prospective application from 1/1/09.

RELATING TO MENTAL HEALTH SB2396 SD1 HD3 (4/24) passed with amendments. This bill requires the Department of Health to submit an annual report on forensic patients; requires yearly court status hearings for individuals ordered to be conditionally released or hospitalized as an inpatient by the mental health court; reduces the minimum length of hospitalization from ninety to thirty days for individuals who are recommitted after conditional release; makes appropriation for mental health court operations.

RELATING TO ENDANGERING THE WELFARE OF A MINOR (4/21) HB2346 HD2 SD2 CD1 (4/21) passed with amendments. This bill expands the crimes of endangering the welfare of a minor in the first and second degrees to include situations in which an adult causes or permits a minor to inject, ingest, or inhale certain controlled substances that were not prescribed for the minor by a physician.

RELATING TO ANIMAL HOARDING SB3203 SD1 HD1 (4/24) passed with amendments. This bill makes it a misdemeanor to hoard pet animals and establishes elements of the offense.

RELATING TO HARASSMENT SB2456 SD2 HD1 CD1 (4/24) passed with amendments. This bill creates a new misdemeanor offense of harassment by impersonation.

Prison and Public Safety

RELATING TO PUBLIC SAFETY SB2341 SD1 HD1 (4/23) passed with amendments. This bill requires out-of-state detention facilities holding Hawaii prisoners under a contract with the State to make public information about the operation of the prison.

Business

RELATING TO INSURANCE SB3023 SD2 HD2 CD1 (4/21) passed with amendments. This bill authorizes the creation and regulation of special purpose financial captive insurance companies (SPFCIC), establishes confidentiality provisions applicable to captives, including SPFCICs. The bill also provides clarity on sponsored captive insurance companies.

REALATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY SB3166 HD1 CD1 (4/22) passed with amendments. This bill requires at least two members of the Hawaii Community Development Authority to represent small businesses and allows them to vote on matters concerning small business; directs the Governor to initially designate the small business representatives from among the current members of HCDA.


Agriculture

RELATING TO PUBLIC UTILITIES HB2550 HD2 SD2 (4/24) passed with amendments. This bill requires the public utilities commission to ensure that a percentage of the total rated generating capacity produced by eligible customer-generators be reserved for electricity produced by eligible residential or small commercial customer-generators. It allows public utilities commission to define maximum capacity for eligible residential or small commercial customer-generators and to evaluate, on an island-by-island basis, the applicability of the generating capacity requirements and, in its discretion, exempt an island or a utility grid system from the generating capacity requirements.

RELATING TO LAND USE HB2450 HD1 SD2 CD1 (4/21) passed with amendments. This bill establishes conditions for the granting of approval of petitions for boundary amendments where lands in the petition area are contiguous or adjacent to lands in the agricultural districts. Final reading will be on Tuesday, 4/29.

RELATING TO AGRICULTURAL LOANS HB2261 HD2 SD1 (4/23) passed with the House agreeing to the Senate amendments. The bill will include farm sustainable projects in the existing agricultural loan program, and aquaculture sustainable projects in the existing aquacultural loan program.

Environment

RELATING TO INVASIVE SPECIES HB2977 HD1 SD1 (4/24) passed with amendments. This bill requires the Hawaii invasive species council to give priority to eradicating coqui frogs in the coqui frog eradication plan.

Health

RELATING TO HEALTH CARE HB2519 HD2 SD2 (4/24) passed with amendments. This bill requires the legislative reference bureau to study student loan repayment and stipend payment programs in other jurisdictions to encourage physicians and dentists to serve shortage areas. Funds are appropriated. In addition, the bill creates a temporary pilot project with the Department of Business, Economic Development, and Tourism's enterprise zone program to grant tax and other benefits similar to those in an enterprise zone to physicians and dentists who establish or maintain practices in shortage areas.

RELATING TO CANCER SURVEILLANCE SB2040 SD1 HD2 (4/21) passed with the Senate agreeing to the House amendments. This bill allows a cancer patient to be contacted directly without initial physician contact for purposes of cancer surveillance. Pre-cancerous conditions are authorized for data collection. Biological specimens may be collected to assist cancer research.

RELATING TO LONG-TERM CARE HB2062 HD1 SD2 (4/24) passed with amendments. This bill allows persons eligible to receive Medicaid funds for care at nursing home facilities to remain at home and receive home- and community-based long-term care. It requires the Department of Human Services to apply for necessary waivers and grants to allow funds to be used in that manner.

RELATING TO WOMEN'S HEALTH HB2761 HD1 SD1 (4/24) passed with amendments. This bill requires at least 6 months post-partum and interconception care for women who participate in the Hawaii QUEST health insurance program.

RELATING TO MENTAL HEALTH SB1802 HD1 (4/24) passed with amendments. This bill provides an exception to the confidentiality of mental health records and allows disclosure of diagnosis and prescription information if it is made by the person's most recent healthcare provider to a subsequent health care provider for the purpose of continued care or treatment.

RELATING TO MENTAL HEALTH SB2396 SD1 HD3 (4/24) passed with amendments This bill requires the department of health to submit an annual report on forensic patients; requires yearly court status hearings for individuals ordered to be conditionally released or hospitalized as an inpatient by the mental health court; reduces the minimum length of hospitalization from ninety to thirty days for individuals who are recommitted after conditional release; makes appropriation for mental health court operations.

Education

RELATING TO EDUCATION SB2879 SD2 HD1 (4/24) passed with amendments. This bill establishes a power of attorney for special education and establishes the process to appoint an educational representative for an adult student who lacks capacity. It clarifies the authority of a guardian of an adult student.

RELATING TO EDUCATION HB2971 HD1 SD2 (4/21) passed with the House agreeing to Senate amendments. This bill requires the Department of Education to implement recommendations of the online learning task force.

RELATING TO TEACHER LICENSURESB2080 SD2 HD2 (4/24) passed with amendments. This bill allows the Hawaii Teacher Standards Board to suspend a teacher's license when the teacher has been convicted of certain sexual offenses and to initiate proceedings to permanently revoke the teacher's license.

RELATING TO EDUCATION SB2879 SD2 HD1 (4/24) passed with amendments. This bill establishes a power of attorney for special education and establishes the process to appoint an educational representative for an adult student who lacks capacity. It clarifies the authority of a guardian of an adult student.

Veterans

RELATING TO EMPLOYMENT SECURITY SB2876 HD2 (4/24) passed with amendments. Appropriates funds for fiscal year 2007-08 in Reed Act funds for the Hawaii work force investment board and one-stop career center.

Energy

RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST INDUSTRIAL ENTERPRISES HB2661 HD2 SD2 CD1 (4/21) passed out of conference with amendments and will go to final reading on Tuesday, 4/29/2008. The bill authorizes special purpose revenue bonds to Hui Mana ‘Oma‘o for the establishment of facilities to convert renewable energy resources into electrical energy.

AUTHORIZING THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST OCEANLINX HAWAII LLC SB2034 HD2 (4/21) passed with the Senate agreeing to the House amendments. The bill authorizes the issuance of special purpose revenue bonds for planning, designing, and constructing a wave or hydrokinetic power facility on Maui.

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST SOPOGY INC., IN THE DEVELOPMENT OF RENEWABLE ENERGY ON THE ISLAND OF OAHU SB3190 HD1 (4/21) passed with the Senate agreeing to the House amendments. The bill authorizes the issuance of special purpose revenue bonds in an amount not exceeding $35,000,000 to assist Sopogy, Inc. with planning, designing, construction, equipping, and operating a solar farm power plant on Oahu to produce electricity from solar power.

Government

RELATING TO WATER RATES HB2810 HD1 SD1 CD1 (4/18) passed with amendments, authorizes the public utilities commission to establish preferential potable water rates for agricultural activities in a public utility's service area. The bill goes to final reading tomorrow.

MAKING AN EMERGENCY APPROPRIATION TO THE HAWAII PUBLIC HOUSING AUTHORITY HB3140 SD2 (4/21) passed with the House agreeing to Senate amendments. This bill appropriates emergency funds for the Hawaii public housing authority to repay the Department of Budget and Finance for a loan made to cover payroll and risk management costs for liability insurance for fiscal year 2006-2007, and to address a critical funding shortfall for operational costs of its public housing programs for fiscal year 2007-2008.

RELATING TO ELECTRONIC PERMITTING FEES HB3151 HD2 SD1 (4/23) passed with the House agreeing to the Senate amendments. This bill allows certain Department of Health environmental programs to conduct business electronically and withhold sufficient moneys to cover the cost of electronic and credit card provider services.

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS SB2808 SD2 HD1 (4/23) passed with the Senate agreeing to the House amendments. This bill clarifies that when two or more agencies have jurisdiction, the office of environmental quality control shall determine which agency has the responsibility of preparing an environmental assessment after consultation with and assistance from the affected state or county agencies. It also makes clarifications to the rulemaking powers of the environmental council.

Electronic monitoring expensive

Unsure of the estimated cost of electronically monitoring persons convicted of violating a temporary restraining order, lawmakers will wait until tomorrow to decide the fate of SB 2218. In previous hearings the budget cost was determined to be $200, 000 per year, but in a recent study the state Judiciary predicted $1.4 million. The cost prediction provides for all convicted defendants not just indigent persons. Rep. Shimabukuro suggested changing the language of the bill to include a predetermined money cap. The Department of the Attorney General questioned language that would require a defendant to wear an electronic monitoring device even if the location of the protected person is unknown.

Getting tough on contractors who violate public procurement law

SB3087 may not make headlines, but it's an important bill that will help level the playing field for private contractors who compete for public works projects. The bill passed out of a conference committee today with amendments and is headed for a full floor vote in both bodies.

SB3087 gives the Department of Labor and Industrial Relations the authority to immediately suspend and begin debarment proceedings against contractors who purposely defraud the State on public works projects. This includes falsification of records or delaying an investigation under the wage and hour law. Violators will be suspended for a period of three years.

According to the bill, "there is currently no method to debar contractors who cheat and get caught unless they fail to pay back wages, which rarely happens." The bill supports the intent of Chapter 104, Hawaii Revised Statutes, which is a law that evens the playing field for those bidding for public works jobs, and requires a prevailing wage for workers.

Lawmakers rally to support CKD bill

U.S. Congressman Neil Abercrombie spoke at the "Rally for Life" at the Capitol today in support of measures related to Chronic Kidney Disease (CKD) that are going through the final stages of the legislative process.

Lawmakers and advocates of HB 2913, a bill that would provide a grant to St. Francis Healthcare System to support the modified home care and community health demonstration project and requires $1,000,000 in matching funds, gathered in the Rotunda to raise awareness about CKD, an epidemic that already affects nearly 20 percent of Hawaii's population.

The rally was sponsored by the Filipino Caucus and hosted by chairman Rep. Michael Magaoay.

Update: HB2913 is dead, but funds for chronic kidney disease may still be alive in the budget bill through a grant-in-aid. The AP story is here.

Bill appropriating funds to housing authority moves out of conference

House conferees today agreed to the Senate Draft of HB 3140, SD2, which appropriates the sum of $3,067,955 to the Hawaii public housing authority to repay the department of budget and finance for a loan to pay for liability insurance and payroll costs and to address the budget deficits for the state family public housing program and federal low rent program.

The funds must be allocated as follows:

(1) $1,600,000 for repayment to the department of budget and finance for a loan made to address risk management costs billed by the department of accounting and general services and a payroll shortfall;
(2) $1,080,000 for the payroll shortfall of the state single family housing program;
(3) $17,607 for unbudgeted increases in state single family housing program insurance costs; and
(4) $370,348 for unbudgeted increases in federal low rent program insurance.