CROSSOVER BILLS. (Bills Which Passed Third Reading) HAWAII STATE LEGISLATURE REGULAR SESSION OF 2014 SHOWING ACTIONS TAKEN AS OF.

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1 CROSSOVER BILLS (Bills Which Passed Third Reading) HAWAII STATE LEGISLATURE REGULAR SESSION OF 2014 SHOWING ACTIONS TAKEN AS OF March 6, 2014 Prepared by the: LEGISLATIVE REFERENCE BUREAU SYSTEMS OFFICE State Capitol, Room South Beretania Street Honolulu, HI Caveat: While all data are believed accurate, they are subject to change pending confirmation against official records kept by the respective Chief Clerk's offices.

2 FOREWORD This publication includes all bills in the current legislature which passed Third Reading as of March 6, This publication has been created by the Legislative Reference Bureau - Systems Office. This publication includes such data as the bill number, title, introducer, description, and current status of the bill. It reflects data recorded up to and including March 6, Charlotte Carter-Yamauchi Acting Director Legislative Reference Bureau March 2014

3 SENATE BILLS WHICH PASSED THIRD READING SB0008 SD1 HD2 (HSCR 1568) SB0010 SD1 (SSCR 424) SB0015 SD2 HD2 (HSCR 1552) SB0016 SD2 (SSCR 743) SB0017 SD2 HD1 (HSCR 1183) RELATING TO VETERINARY MEDICINE. Introduced by: Hee C Amends provisions relating to the licensing required under veterinarian medicine law. Prohibits the owner and the owner's employees from performing any surgical procedure, including but not limited to surgical birth, tail docking, dewclaw removal, ear cropping and debarking, provided that persons residing in counties with a resident population of less than 500,000 may conduct tail docking and dewclaw removal procedures on pet animals within 5 days of the pet animal's birth. -- Amends provisions relating to criminal penalties. Violations are misdemeanors. -- SB0008 HD2 Apr=11 13 Senate Disagrees to House amendments Apr=15 13 Conference Committee: Senate Members: Baker R, Hee C -- Ihara L, Slom S, Taniguchi B RELATING TO THE HAWAIIAN HOMES COMMISSION. Introduced by: Hee C Amends provisions relating to the employment of attorneys. Allows the Hawaiian homes commission or the department of Hawaiian home lands to employ an attorney and to use the services of the attorney general as needed and when the interest of the State, the commission, and the department are aligned. Provides that legal fees owed to the independent counsel shall be paid by the State. Repeals the provision that the Hawaiian home lands trust individual claims review panel may employ an attorney. -- SB0010 SD1 Mar Passed Second Reading House Mar Referred to JUD RELATING TO ENERGY. Introduced by: Gabbard M Establishes a task force on biofuel within the department of business, economic development, and tourism to examine potential changes to the existing law requiring 10 per cent ethanol fuel content in gasoline to a requirement that each distributor who sells liquid fuels in the State for use in motor vehicles shall ensure that locally produced biofuels account for at least 5 per cent of the volume of the distributor's annual sales of liquid fuels for motor vehicles. Further requires the task force to examine requiring the mixture of up to 5 per cent of locally produced biofuels in diesel fuel. Requires the task force to examine locally produced biofuels that are liquid or gaseous fuels that meet the relevant ASTM International specifications of the latest issue produced from organic sources such as biomass crops; agricultural residues; oil crops, including algae, canola, jatropha, palm, soybean, and sunflower; other agricultural crops; grease and waste cooking oil; food wastes; municipal solid wastes and industrial wastes; and produced animal residues and wastes. Task force to cease to exist on August 1, 2015 (sunset). -- Provides a biofuels production income tax credit and repeals the ethanol facility income tax credit. Act to be repealed on July 1, 2021 (sunset). -- SB0015 HD2 Apr=11 13 Senate Disagrees to House amendments Apr=15 13 Conference Committee: Senate Members: Gabbard M, Baker R, Ige D -- Kouchi R, Ruderman R RELATING TO ENERGY RESOURCES. Introduced by: Gabbard M, Ruderman R, Chun Oakland S Amends provisions relating to solar water heater system required for new single family residential construction. Prohibits a building permit to be issued for a duplex unless the appropriate county permitting agency approves a waiver. Requires a waiver to be submitted to the appropriate county permitting agency on an application prescribed by the county permitting agency instead of the energy resources coordinator. Requires each county council to establish procedures and standards by which its county permitting agency may approve, approve with conditions, or disapprove an application for a waiver, including deadlines for the county permitting agency to act on the application, provided that the county permitting agency shall approve, approve with conditions, or disapprove the application only in accordance with standards and procedures established by its county council, Allows each county permitting agency to adopt rules to impose and collect fees to cover the costs of processing applications for waivers. -- SB0016 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to EEP then FIN RELATING TO FOSSIL FUELS. Introduced by: Gabbard M Amends the environmental response, energy, and food security tax. Changes the March 6,

4 SENATE BILLS WHICH PASSED THIRD READING amount deposited into the environmental response revolving fund, the amount deposited into the energy security special fund, the amount deposited into the energy systems development special fund, and the amount deposited into the agricultural development and food security special fund. Amends Act 253, session laws of 2007, as amended by Act 151, session laws of 2012, by extending the sunset date. -- SB0017 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN SB0041 SD1 (SSCR 564) SB0049 SD2 HD2 (HSCR 1602) SB0054 SD1 HD1 (HSCR 1229) SB0058 SD2 (SSCR 602) RELATING TO REAL ESTATE. Introduced by: Baker R (BR) Amends Act 326, session laws of 2012, which establishes provisions relating to local contact; relevant information; advertisements; transient accommodations. Redefines local contact to mean an individual or company contracted by the operator of the transient accommodation to serve as the on site contact for the operator, residing on the same island where the transient accommodation is located, whose name is required to be prominently posted in the transient accommodation and included in any transient accommodation contract or written rental agreement and who provides local point of contact services in the case of an emergency or natural disaster, including providing and receiving information, transmits to the operator of the transient accommodation on site questions, concerns, or property issues that arise regarding the transient accommodation, or transmits the operator's responses, at the direction of the operator, to on site inquiries about the transient accommodation. Provides that any other services provided by a local contact may be subject to licensing requirements under the real estate brokers and salespersons law. -- SB0041 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to CPC then JUD RELATING TO EDUCATION. Introduced by: Tokuda J Amends provisions relating to program execution under the executive budget law. Repeals the authority for the department of education to transfer appropriated funds and positions for the operating cost category among programs and among cost elements in a program and between quarters as applicable. -- Amends provisions relating to education. Repeals requirement that the department of education provide employees breaks throughout the work day during which they may smoke at locations off campus. -- Repeals experience requirements for principals and vice principals. -- Provides that each school community council may allow for student representatives selected by the student council of the school at the elementary and middle school level. -- Changes the terms entered to enrolled and enter, entering, entrance to, be admitted to, and entry into to attend, attended, attendance. -- Requires the department to transfer moneys collected from income check off and any other moneys received in the form of grants and donations for school level minor repairs and maintenance to the 3R's school repair and maintenance fund. -- Repeals provisions relating to teaching without certificate or licenses; penalty, student bias, and authority to create temporary positions. -- SB0049 HD2 Apr=11 13 Senate Disagrees to House amendments Apr=15 13 Conference Committee: Senate Members: Tokuda J, Ige D -- Kidani M, Kouchi R RELATING TO AGING. Introduced by: Chun Oakland S Amends provisions relating to policy advisory board for elder affairs by adding lifetime honorary kupuna. Allows the policy advisory board for elder affairs to honor a non ex officio member by voting to award the member a lifetime honorary kupuna title at a meeting called for the purpose and attended by a quorum. Requires the governor to take into consideration a person's receipt of a lifetime honorary kupuna title when considering the person's reappointment to the board and allows the governor to reappoint a person who holds the lifetime honorary kupuna title for continued terms over the person's lifetime. -- SB0054 HD1 Apr=11 13 Senate Disagrees to House amendments Apr=15 13 Conference Committee: Senate Members: Chun Oakland S, Green J -- Slom S RELATING TO LANGUAGE ACCESS. Introduced by: Chun Oakland S March 6,

5 SENATE BILLS WHICH PASSED THIRD READING Requires the office of language access in collaboration with other state agencies to implement a multilingual website pilot project. Requires the project to explore the utility and feasibility of creating a multilingual website to improve language access to information provided online for limited English proficient person seeking information about government and government funded services in the State; and to the extent feasible, produce a multilingual website for use by the public for the top 12 limited English proficient population groups in the State. Multilingual website pilot project to cease to exist on June 30, 2016 (sunset). Report to the legislature. Amends provisions relating to office of language access; established. Requires the office of language access to administer a statewide language access resource center. Authorizes the executive director of the office to have the authority to hire personnel to staff the language access resource center and to administer it multilingual website. Appropriation out of the general fund to the department of health to establish a statewide language access resource center within the office of language access to allow state agencies and covered entities to provide interpretation and translation services to limited English proficient individual in accordance with Hawaii's language access laws. Appropriation out of the general fund to department of health to establish a multilingual website pilot project that enables limited English proficient individuals to get information about government services in their own language. ($$) -- SB0058 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HLT then FIN SB0059 SD1 (SSCR 663) SB0060 SD1 HD1 (HSCR ) SB0066 SD1 HD2 (HSCR 1570) SB0071 SD2 HD1 (HSCR 1191) RELATING TO FOSTER CARE SERVICES. Introduced by: Chun Oakland S, Green J, Espero W Appropriation to the department of human services to increase the monthly board rate for foster boarding home parents, group homes, and child caring institutions. Reports to the legislature. ($$) -- SB0059 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HUS then FIN RELATING TO VICTIMS OF CRIMES. Introduced by: Shimabukuro M Amends provisions relating to basic bill of rights for victims and witnesses. Allows victims and surviving immediate family members of crime, upon written request, to be informed by the police or the prosecuting attorney of their rights to participate in restorative justice processes, in the event that the criminal case that harmed them does not result in criminal charges being brought against a person or entity. Allows the victim, surviving immediate family members, and any accompanying loved ones thereof, to participate in restorative justice processes to discuss and address how they were affected by the wrongful act, and any actions or outcomes desired that may mitigate or repair the harm. -- SB0060 HD1 Mar Passed Third Reading House as amended (HD1) Mar=06 14 Deferred - Senate RELATING TO THE CODE OF ETHICS. Introduced by: Shimabukuro M Amends provisions relating to requirements for fair treatment. Requires every legislator to file a full and complete public disclosure of the nature and extent of the interest or transaction which the legislator believes may be affected by the legislative action. Requires every task force member or designee or representative of a task force member to file a full and complete public disclosure of the nature and extent of the interest or transaction which the task force member or task force member's designee or representative believes may be affected by the task force member's official action. -- Amends provisions relating to requirements of disclosure. Specifies the boards and commissions that must submit financial disclosure statements. -- SB0066 HD2 Apr=11 13 Senate Disagrees to House amendments Apr=17 13 Conference Committee: Senate Members: Hee C, Shimabukuro M -- Slom S MAKING AN APPROPRIATION FOR PUBLIC SAFETY PROGRAMS. Introduced by: Espero W, Baker R Appropriation to the department of public safety to contract with community based nonprofit organizations to provide education, mentoring, restorative circles, farming, artisan skills, cognitive behavioral therapy, and cultural healing services to inmates and former inmates who are under the custody and control of the department or the Hawaii March 6,

6 SENATE BILLS WHICH PASSED THIRD READING paroling authority. ($$) -- SB0071 HD1 Apr=11 13 Senate Disagrees to House amendments Apr=18 13 Conference Committee: Senate Members: Espero W, Chun Oakland S -- Baker R, Ruderman R, Slom S SB0072 SD2 (SSCR 2587) SB0074 SD1 HD1 (HSCR 1203) SB0083 SD1 (SSCR 653) SB0086 HD1 (HSCR 1074) RELATING TO PUBLIC SAFETY. Introduced by: Espero W, Galuteria B, Baker R Requires the department of public safety to assess and refer inmates to the Hawaii paroling authority under a medical release pilot program for possible medical release. Allows an inmate to be considered for medical release under specified criteria. Requires all requests for medical release to be in writing and to be made to the paroling authority and allows request to be made by the director of public safety, an inmate, or an inmate's representative under specified criteria. Requires all requests initiated by an inmate to be referred to the director immediately and within 45 days of receiving the request, the department shall submit a medical release report to the paroling authority containing the information required and the department shall provide the inmate with a copy of the medical release report. Prohibits the authority from granting a medical release to an inmate who poses a danger to society. Requires the department to adopt a fast track procedure for the evaluation and release of rapidly dying prisoners; and the procedure shall be posted on the website of the department and the paroling authority. Requires the department of public safety to implement the medical release program. Requires the paroling authority to set reasonable conditions on an inmate's medical release to apply through the date upon which the inmate's sentence would have expired and conditions to include the released inmate shall be subject to supervision by the paroling authority; personnel of the department shall be allowed to visit the inmate at reasonable times at the inmate's home or elsewhere; and the released inmate shall comply with all conditions of release set by the paroling authority. Requires the paroling authority to promptly order an inmate to be returned to the custody of the director an await a revocation hearing if the authority receives credible information that an inmate has failed to comply with conditions set upon the inmate's medical release. Medical release pilot program to cease to exist on June 30, 2016 (sunset). -- SB0072 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to PBS then JUD then FIN RELATING TO CORRECTIONS. Introduced by: Espero W, Baker R Establishes provisions relating to committed persons products and crafts. Requires the department of public safety to permit committed persons to create products and crafts for sale. Allows the director of public safety to sell the products and crafts. Of the proceeds from the sale of products and crafts, requires per cent to be deposited into the committed person's current facility's fund for re entry or rehabilitation services or programs, per cent to be deposited into the crime victim compensation special fund, and per cent to be deposited into a specified account of the committed person. -- Amends provisions relating to crime victim compensation special fund; when payments authorized. Includes funds received under the act to be deposited into the fund. -- Requires the department to conduct a study to ascertain the practices of correctional facilities in other states with regard to the making and sale of arts and crafts by inmates. Report to the legislature. -- SB0074 HD1 Mar Passed Second Reading House Mar Referred to FIN RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY. Introduced by: Chun Oakland S, Galuteria B, Green J, Ruderman R Establishes provisions relating to lease or rent to nonprofit organizations and government agencies. Allows the Hawaii public housing authority to retain dwelling units or community facilities in a housing project for lease or rent to nonprofit organization and government agencies. Provides that dwelling units or community facilities to be used by the nonprofit organizations and government agencies to provide housing opportunities and related support services for individuals or families of low income or with special needs. Requires the authority in selecting eligible nonprofit organizations or eligible developers to be subject to all federal procurement laws and regulations. -- SB0083 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HSG/ LAB/ then FIN RELATING TO PUBLIC HOUSING. March 6,

7 SENATE BILLS WHICH PASSED THIRD READING Introduced by: Chun Oakland S, Galuteria B, Dela Cruz D, Ruderman R Establishes provisions relating to exemption from tax on income and obligation under the Hawaii public housing authority. Provides that income earned and obligations issued by a nonprofit entity determined to constitute a public housing agency pursuant to the US Housing Act of 1937 and which income and obligations are declared by the US Department of Housing and Urban development be exempt from all taxation imposed by the US and exempt from all taxation now or hereafter imposed by the State. -- SB0086 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN SB0091 SD2 HD1 (HSCR 1114) SB0097 SD2 (FLOOR AMENDMENT 8) SB0098 SD1 HD1 (HSCR 1505) SB0101 SB0103 SD1 (SSCR 758) RELATING TO HOUSING. Introduced by: Chun Oakland S, Galuteria B, Dela Cruz D, Shimabukuro M, Ruderman R Appropriation to the department of human services for the state rent supplement program, for working individuals or families who are ready to rent permanent housing to obtain and maintain permanent housing; provided that the maximum rent supplement shall be 300 dollars per month per household, and no individual or family who receives public assistance or other government benefits or entitlements shall qualify to receive moneys appropriated under this Act. ($$) -- SB0091 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN RELATING TO TAXATION. Introduced by: Chun Oakland S, Ruderman R Establishes provisions relating to transfer of controlling interest; applicability. Provides that the conveyance tax apply to the transfer or conveyance of an interest in realty located in the State as a result of the transfer or acquisition, or a series of transfers or acquisitions, including those combined with otherwise exempt transfers, by any person or entity, acting alone or in concert, within any 24 month period, that result in the transfer of a controlling interest in an entity that holds an interest in realty that is located in the State and the transfer includes valuable consideration that alters the controlling interest or ownership of the realty. -- Establishes provisions relating to taxation at the lowest rate. Provides that the conveyance tax shall be imposed at the lowest rate on certain transfers. -- SB0097 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to CPC then FIN RELATING TO TAXATION. Introduced by: Chun Oakland S, Galuteria B, Green J, Ruderman R Amends provisions relating to the refundable food / excise income tax credit by changing it to the low income tax credit. Provides a credit for a taxpayer filing a single return with an adjusted gross income under 25,000 dollars and for all other taxpayers with an adjusted gross income under 50,000 dollars. -- SB0098 HD1 Apr=11 13 Senate Disagrees to House amendments Apr=15 13 Conference Committee: Senate Members: Ige D -- Kidani M, Kouchi R RELATING TO ENERGY CONSERVATION. Introduced by: Gabbard M Amends provisions relating to energy retrofit and performance contracting for public facilities. Repeals the requirement that an agency's budget must be increased for the duration of the performance contract or project payment for energy efficiency retrofitting projects. -- SB0101 Mar Passed Second Reading House Mar Referred to FIN RELATING TO LONG TERM CARE. Introduced by: Chun Oakland S, Green J, Ihara L, Espero W, Galuteria B, Baker R Requires the department of health's executive office on aging to conduct a long term care education and awareness campaign. Allows the office to develop a public private partnership to fund and administer the campaign and invite broad participation from multiple interested stakeholders in the State. Requires the director of the office on aging to have the campaign independently evaluated for its effectiveness. Report to the legislature. Appropriation. ($$) -- SB0103 SD1 March 6,

8 SENATE BILLS WHICH PASSED THIRD READING Mar Introduction/Passed First Reading - House Mar Multiple Referral to HLT/ HUS/ then FIN SB0104 SD2 (SSCR 678) SB0105 SD2 HD1 (HSCR 1531) SB0111 SD2 (SSCR 2600) SB0112 SD1 (SSCR 2185) SB0137 SD2 (SSCR 654) RELATING TO LONG TERM CARE. Introduced by: Chun Oakland S, Ihara L, Galuteria B Requires the director of the executive office on aging to contract for a feasibility study to design a limited, mandatory public long term care financing program for the State and for the performance of an actuarial analysis by a licensed actuary who is a member in good standing with the American Academy of Actuaries. Requires the actuarial analysis to contain a statement by the actuary certifying that the techniques and methods used are generally accepted within the actuarial profession and that the assumptions and cost estimates used are reasonable and provide a financial analysis of the limited, mandatory public long term care financing program. Requires the feasibility study and actuarial analysis to be completed and submitted to the director of the executive office on aging by June 30, Report to the legislature. Appropriation. ($$) -- SB0104 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HLT then CPC then FIN RELATING TO HEALTH. Introduced by: Chun Oakland S, Galuteria B, Ihara L, Green J, Shimabukuro M, Espero W, Baker R Establishes provisions relating to fall prevention and early detection program. Requires the department of health to establish and maintain within the emergency medical services and injury prevention system branch, a fall prevention and early detection program to serve as a focal point for statewide injury prevention and detection efforts. Allows the department to dedicate a position to fall prevention and early detection in support of the program. Requires the statewide fall prevention and early detection program to develop a statewide approach to falls among the elderly. Annual report to the legislature. Appropriation for the department of health's emergency medical services and injury prevention system branch to establish and maintain a statewide fall prevention and early detection program. ($$) -- SB0105 HD1 Apr=11 13 Senate Disagrees to House amendments Apr=18 13 Conference Committee: Senate Members: Green J, Chun Oakland S -- Ige D, Kidani M, Slom S RELATING TO AGRICULTURE. Introduced by: Galuteria B Establishes provisions relating to agricultural commodities; labeling requirements; penalties. Allows retailers, distributers, farmers, producers, and producer distributors that sell agricultural commodities for purchase by consumers to be subject to labeling requirements adopted by the board of agriculture. Allows the board of agriculture determine "made in Hawaii" labeling requirements for all agricultural commodities no later than July 1, Requires any rules the board adopts to have the force and effect of law and shall not supersede any state law regarding "made in Hawaii" labeling requirements for agricultural commodities. Allows the board of agriculture to adopt rules to implement labeling requirements of all agricultural commodities to include the geographic origin of the agricultural commodities; and accuracy or completeness of an implications reasonably created by any labeling of agricultural commodities regarding quality, official standards, grades, classifications, or geographic origin. Appropriation to the board of agriculture to create "made in Hawaii" labeling requirements, through rules, for agricultural commodities in Hawaii. ($$) -- SB0111 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to AGR then CPC then FIN RELATING TO AGRICULTURE. Introduced by: Galuteria B Establishes the Whitmore project facility revenue bond special fund within the agribusiness development corporation. Requires the special fund be expended by the corporation for the acquisition of lands from Dole Food Company, Inc. Appropriation out of the fund. ($$) -- SB0112 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to AGR then WAL then FIN RELATING TO HEALTH. Introduced by: Galuteria B March 6,

9 SENATE BILLS WHICH PASSED THIRD READING Appropriation to the department of health for the establishment of 1 full time equivalent (1.00 FTE) permanent position in the department of health to facilitate licensing of home care agencies. ($$) -- SB0137 SD2 Mar Passed Second Reading House Mar Referred to FIN SB0148 SD2 (SSCR 757) SB0149 SD2 (SSCR 2603) SB0170 SD2 HD1 (HSCR 1068) SB0180 SD3 (FLOOR AMENDMENT 5) SB0188 SD2 (SSCR 553) SB0190 SD1 (SSCR 563) RELATING TO HUMAN SERVICES. Introduced by: Galuteria B Appropriation to the department of human services for the establishment and operation of a comprehensive service center for the deaf, hard of hearing, and deaf blind. ($$) -- SB0148 SD2 Mar Passed Second Reading House Mar Referred to FIN RELATING TO HUMAN SERVICES. Introduced by: Galuteria B Appropriation to the department of human services for necessary long term care services for aging and disabled individuals on medicaid; provided that the sum appropriated shall be in addition to the base budget of the department. Requires the department to transfer the appropriated sum to the executive office on aging that shall not be co mingled with kupuna care funds. ($$) -- SB0149 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HUS then FIN RELATING TO TOURISM. Introduced by: Galuteria B Amends provisions relating to powers and duties under the Hawaii tourism authority law. Adds perpetuating the uniqueness of the native Hawaiian culture and community and the importance of the native Hawaiian culture and community to the quality of the visitor experience by ensuring that native Hawaiian culture is accurately portrayed by Hawaii's visitor industry; the Hawaiian language is supported and normalized as an official language of the State and as a foundation of the host culture that attracts visitors to Hawaii, native Hawaiian cultural practitioners and cultural sites that give value to Hawaii's heritage are supported, nurtured, and engaged in sustaining the visitor industry; and a native Hawaiian cultural education and training program is provided for the visitor industry workforce having direct contact with visitors. -- SB0170 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN RELATING TO OCEAN MANAGEMENT. Introduced by: Galuteria B Establishes the Konohiki rights on Niihau law. Requires the State to vest in 1 individual who is domiciled on Niihau and selected by the chairperson of the board of land and natural resources in consultation with the private owner of Niihau, the exclusive konohiki rights. Establishes provisions for fishing rights and the protection of aquatic life. -- SB0180 SD3 Mar=06 14 Passed Third Reading Senate RELATING TO TAXATION. Introduced by: Galuteria B Amends provisions relating to the cigarette tax and tobacco tax law. Changes the tax on large cigars to be on premium cigars and changes the tax from 50 per cent per cigar to 50 cents per premium cigar. -- SB0188 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HLT/ EDB/ then FIN RELATING TO STATE FUNDS. Introduced by: Ige D (BR) Amends provisions relating to new special or revolving funds. Requires the legislative auditor in analyzing each legislative bill proposing to establish a new special or revolving fund to include that the fund shows evidence of need by stating the program's purpose, scope of the program, financial information on fees to be charged, sources of projected revenue, and costs; why the program cannot be implemented under the general fund appropriation process; and whether there is a clear nexus between the benefits sought and charges made upon the program users or beneficiaries or a clear link between the March 6,

10 SENATE BILLS WHICH PASSED THIRD READING program and the sources of revenue. Requires the auditor to review special funds. Requires the auditor to submit reviews of the special, revolving, and trust funds of the department of transportation and the department of defense every 5 years. -- Amends provisions relating to the establishment and continuance of special funds and revolving fund. Requires the legislature in establishing or reviewing a special fund or a revolving fund to determine whether the fund reflects a clear nexus between the benefits sought and charges made upon the program users or beneficiaries or a clear link between the program and the sources of revenue and is used only when the means of financing is essential to the successful operation of the program or activity. -- SB0190 SD1 Mar Introduction/Passed First Reading - House Mar Single Referral to FIN SB0198 SB0199 SD2 HD1 (HSCR 1532) SB0200 HD1 (HSCR 1023) SB0204 SD1 (SSCR 569) SB0210 SD1 (SSCR 756) RELATING TO ADVANCED PRACTICE REGISTERED NURSES. Introduced by: Baker R Amends provisions relating to advanced practice registered nurse; qualifications; recognition; endorsement; fees; eligibility. Recognizes the standards in the National council state Boards of Nursing Consensus Model for advanced Practice Registered Nurse Regulation: Licensure, Accreditation, Certification, and Education. and provides that the board of nursing shall grant recognition as an advanced practice registered nurse to be a nurse who completed and accredited graduate level education program preparing the nurse as a nurse anesthetist, a certified nurse midwife, a clinical nurse specialist, or a nurse practitioner. -- SB0198 Feb Introduction/Passed First Reading - House Feb Multiple Referral to HLT then CPC RELATING TO THE COLORECTAL CANCER SCREENING PILOT PROGRAM. Introduced by: Baker R, Green J, Galuteria B, Chun Oakland S, Espero W, Taniguchi B, English J, Nishihara C, Ihara L Establishes a 2 year Hawaii colorectal cancer screening pilot program to be administered by the department of health in collaboration with the department of human services to facilitate the early detection of colorectal cancer and to assist individuals who have been diagnosed with colorectal cancer. Report to the legislature. Appropriation. Act to be repealed on June 30, 2015 (sunset). ($$) -- SB0199 HD1 Apr=11 13 Senate Disagrees to House amendments Apr=18 13 Conference Committee: Senate Members: Green J, Chun Oakland S -- Baker R, Slom S, Thielen L RELATING TO CONTINUING EDUCATION. Introduced by: Baker R, Galuteria B, Chun Oakland S, Espero W, Green J Amends provisions relating to the renewal of a social worker's license. Requires social workers applying for renewal of their licenses between July 1, 2013, and June 30, 2016, to complete a minimum of 15 credit hours of continuing education courses provided that a minimum of 3 credit hours shall be in an ethics course. Requires social workers applying for renewal of their licenses between July 1, 2016, and June 30, 2019, to complete a minimum of 45 credit hours of continuing education courses within the 3 year period preceding the renewal date provided that a minimum of 3 credit hours shall be an in ethics course. Allows the director of commerce and consumer affairs to refuse to renew a credential if the applicant makes a false statement on an application for renewal. Requires the director of commerce and consumer affairs to provide written notice of these changes to all licensed social workers. -- SB0200 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN RELATING TO PUBLIC SAFETY. Introduced by: Espero W Appropriation to the department of labor and industrial relations to match funds for competitively bid program expenses incurred for reintegration supports, job training, employment placement, and case management for persons convicted of crimes and reentering the community. Requires matching funds. ($$) -- SB0204 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to PBS then FIN RELATING TO REGISTRATION OF BICYCLES AND MOPEDS. Introduced by: Espero W Amends provisions relating to procedure when registration of a bicycle or moped March 6,

11 SENATE BILLS WHICH PASSED THIRD READING transferred. Prohibits fee to be charged to the transferee for a new certificate of registration if the bicycle or moped is gifted to the transferee within 90 days of issuance of the original certificate of registration by the person to whom the original certificate of registration was issued. -- SB0210 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to TRN then JUD SB0212 SD1 (SSCR 480) SB0213 SD2 (SSCR 795) SB0215 SD3 HD1 (HSCR 1188) SB0225 SD1 (SSCR 642) SB0229 SD1 (SSCR 649) RELATING TO THE STATE BUILDING CODE. Introduced by: Espero W, Baker R Amends provisions relating to the county building code to amend the state model building code without state approval. Requires each county to use the model codes and standards as the referenced model building codes and standards for its respective county building code ordinance, no later than 3 years after the adoption of the state building code. -- Provides that if a county does not amend the statewide model code within the 3 year time frame, the existing county building code is applicable and the state building code may be used as a reference. -- SB0212 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to PBS then CPC RELATING TO THE STATE BUILDING CODE COUNCIL. Introduced by: Espero W Amends provisions relating to state building code council. Requires that the council consist of 16 voting members and 1 nonvoting member. Requires 9 voting members to constitute a quorum. -- Amends provisions relating to the authority and duties of the council. Repeals the requirement that the council consult with the general building contractor and building trade associations to gather information and recommendations on construction practices and training relevant to building codes and standards. -- Appropriation to support the state building code council's efforts to adopt a uniform set of statewide building codes and consistent standards. ($$) -- SB0213 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to CPC then FIN RELATING TO ECONOMIC DEVELOPMENT. Introduced by: Dela Cruz D, Chun Oakland S, Kidani M Establishes the public private partnership authority law. Establishes the authority within the department of business, economic development, and tourism. Requires the authority to be headed by a board of directors who shall appoint an executive director exempt from civil service law. Allows the management rights for projects to be transferred to the authority. -- Exempts the authority from state taxes. Requires the authority to annually report to the legislature and the governor. Requires the board to annually report to the legislature and governor an evaluation of the executive director. -- Requires the authority to initiate a pilot project including a film production facility on state lands; a main street project on state lands in Wahiawa, city and county of Honolulu; 1 county initiated project for each county; and a small boat harbor facility of state lands. Annual reports to the legislature and governor. Requires a report to the legislature and governor upon the completion of each pilot project. Appropriation for the authority and staff. Act to be repealed on July 1, 2018 (sunset). ($$) -- SB0215 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN RELATING TO ELECTIONS. Introduced by: Ihara L Amends provisions relating to rules for determining residency. Redefines residence as the same meaning as domicile, which denotes a permanent, as distinguished from a temporary, dwelling place. Prohibits a person from being considered a resident of this State if the person declares residency in another state. -- SB0225 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to JUD then FIN RELATING TO IMPEACHMENT. Introduced by: Ihara L Proposed to amend the constitution. Establishes provisions relating to the causes and procedures for impeachment of the governor, lieutenant governor, and appointive officers. -- SB0229 SD1 Mar Introduction/Passed First Reading - House March 6,

12 SENATE BILLS WHICH PASSED THIRD READING Mar Multiple Referral to LMG then JUD SB0233 SB0238 HD2 (HSCR 1581) SB0240 SD2 (SSCR 698) SB0286 SD1 HD1 (HSCR 1316) SB0301 SD2 HD1 (HSCR 1199) SB0312 SD1 HD1 (HSCR 1219) RELATING TO QUEEN LILIUOKALANI. Introduced by: Galuteria B, Kidani M Requires the statue of Queen Lilioukalani to be inscribed with the year of the Queen's coronation on January 29, 1891, to the date of her death on November 11, SB0233 Feb Introduction/Passed First Reading - House Feb Multiple Referral to VMI then OMH then FIN RELATING TO EDUCATION. Introduced by: Tokuda J, Kidani M, Ruderman R, Keith-Agaran G Amends provisions relating to school year; instructional time. Redefines student instructional hour to mean student learning time in elementary schools during which students are engaged in learning activities, including regularly scheduled instruction, project based learning assignments, technology assisted learning, learning assessments within the curriculum, and all other activities in which there is a related general learner outcome attached to such time; and student learning time in secondary schools during which students are engaged in learning activities, including regularly scheduled instruction, project based learning assignments, technology assisted learning, and learning assessments within the curriculum; provided that for purposes of determining instructional hours for secondary schools, student instructional hours may include activities in which there is a related general learner outcome such as presentations by persons other than teachers, directed study, time spent in homeroom, student advisory time, and statewide performance assessment. -- SB0238 HD2 Apr Fail to Pass Third Reading House as amended (HD2) RELATING TO EDUCATION. Introduced by: Tokuda J, Green J, Ruderman R, Chun Oakland S Amends provisions relating to school health aides; compensation by adding training. Requires all school health aides to be trained and provided clinical direction by the department of health in consultation with the university of Hawaii school of nursing and dental hygiene. Repeals provisions relating to career development opportunities. Requires the department of education and the department of health to enter into a memorandum of understanding on the issue of training for school health aides. Report to the legislature. Act to be repealed on June 30, 2014 (sunset). -- SB0240 SD2 Mar Passed Second Reading House Mar Referred to FIN RELATING TO REAPPORTIONMENT. Introduced by: Slom S Amends provisions relating to duties in the reapportionment process. Requires the commission to reapportion the members of each house of the legislature based upon the population data of the total number of permanent resident within the state of Hawaii. Defines permanent resident to mean any person counted as a usual resident of the State of Hawaii in the last preceding US census. -- SB0286 HD1 Apr=09 13 Senate Disagrees to House amendments Apr=09 13 Conference Committee: Senate Members: Hee C, Shimabukuro M -- Slom S RELATING TO ASSET BUILDING. Introduced by: Chun Oakland S Provides an earned income tax credit of per cent of the federal earned income tax credit determined under section 32 of the Federal Internal Revenue Code. Requires the director of taxation to annually report to the legislature, the governor and the public. -- SB0301 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN RELATING TO THE DEPARTMENT OF PUBLIC SAFETY SHERIFF DIVISION ENTERING INTO AGREEMENTS TO PROVIDE SECURITY AT PUBLIC HOUSING PROJECTS OPERATED BY THE PUBLIC HOUSING AUTHORITY. Introduced by: Espero W Amends provisions relating to cooperative agreements with other government agencies. Authorizes the Hawaii public housing authority to arrange or enter into agreements with March 6,

13 SENATE BILLS WHICH PASSED THIRD READING the department of public safety to obtain aid and cooperation of the department's sheriff division for the security of the residents, staff, buildings, and lands of the authority. -- SB0312 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN SB0317 SD1 (SSCR 2302) SB0329 SD1 (SSCR 491) SB0331 SD2 HD1 (HSCR 1025) SB0337 SD2 (SSCR 732) SB0343 SD2 HD1 (HSCR 1082) RELATING TO INDIGENOUS PEOPLES' DAY. Introduced by: Shimabukuro M Amends provisions relating to discoverers' day by changing it to indigenous peoples' day in recognition of the accomplishments of the indigenous voyagers who founded and settled the islands of the Pacific and the countless indigenous people who perished as a result of the confrontations between indigenous peoples and Europeans, along with the survival of their descendants. Requires the day to serve as a day to educate the general public on the State of Hawaii's obligations to the Native peoples of Hawaii, including the State's continued protection of all rights customarily and traditionally exercised by the descendants of those Native peoples. -- SB0317 SD1 Feb Introduction/Passed First Reading - House Feb Single Referral to VMI RELATING TO ANIMALS. Introduced by: Hee C Establishes provisions for exemption for providing shelter and subsistence to animals in need. Exempts any charitable or nonprofit organization that in good faith provides shelter or proper means of subsistence to any animal in need of aid as part of its bona fide and customary charitable activities, rendered without remuneration or expectation of renumeration from civil liability for injuries and damages resulting from the organization's acts or omissions in providing that shelter or subsistence, except for gross negligence or wanton acts or omissions of the organization. Exempts any person who donates goods, food, materials, or services to a charitable or nonprofit organization from civil liability for injuries and damages resulting from the donation, except for gross negligence or wanton acts or omissions. -- SB0329 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to CPC then JUD RELATING TO LABOR. Introduced by: Hee C Amends provisions relating to minimum wages. Requires an employer to pay the employee at least 7.75 dollars per hour beginning January 1, 2014, and 8.25 dollars per hour beginning January 1, 2015, and 8.75 dollars per hour beginning January 1, 2016, and 9.00 dollars per hour beginning on January 1, 2017, and an amount adjusted in accordance with the Honolulu region consumer price index beginning January 1, Changes hourly wage of a tipped employee is paid not less than 25 cents to cents below the applicable minimum wage by employee's employer and the combined amount the employee receives from the employee's employer and in tips is at least 50 cents to cents more than the applicable minimum wage. -- SB0331 HD1 Apr=11 13 Senate Disagrees to House amendments Apr Conference Committee: House Members: Nakashima M, Luke S -- Johanson A, Yamane R Apr=22 13 Conference Committee: Senate Members: Hee C, Ige D -- Kouchi R, Ruderman R, Shimabukuro M RELATING TO STATEWIDE TRAFFIC CODE. Introduced by: Keith-Agaran G, Baker R Establishes provisions relating to driving with dangerous wheels prohibited. Prohibits a person to drive upon a highway a motor vehicle, trailer, or semi trailer equipped with dangerous wheels. Establishes fine. -- SB0337 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to TRN then JUD RELATING TO DENTAL HEALTH. Introduced by: Baker R, Chun Oakland S, Green J Amends provisions relating to director's specific duties and powers. Requires the director of health to participate in the national oral health surveillance system, a national database managed by the federal Centers for Disease Control and Prevention and the Association of State and Territorial Dental Directors. Amends provisions relating to employment of March 6,

14 SENATE BILLS WHICH PASSED THIRD READING and practice by dental hygienists. Allows a dental hygienist to apply preventative sealants, in consultation with a licensed dentist, in a school based dental sealant program or at a federally qualified health center. Requires the department of health to establish and administer a school based dental sealant program in a high need demonstration school, to provide sealants to high risk student with susceptible permanent molar teeth. Requires the department of health to consult with the department of education; department of human services, med quest division, federally qualified health centers; community health centers; and member of the oral health community in establishing and administering the program. Report to the legislature. Act to be repealed on January 1, 2057 (sunset). Appropriation. ($$) -- SB0343 HD1 Apr=11 13 Senate Disagrees to House amendments Apr=18 13 Conference Committee: Senate Members: Green J, Tokuda J, Baker R, Chun Oakland S -- Ruderman R SB0350 SD1 (SSCR 554) SB0358 SD2 (SSCR 707) SB0369 SD1 (SSCR 753) SB0380 SD1 (SSCR 412) SB0381 SD2 HD2 (HSCR 1601) RELATING TO TAXATION. Introduced by: Gabbard M, Ruderman R Amends provisions relating to general excise tax by changing the day of filing. -- SB0350 SD1 Mar Introduction/Passed First Reading - House Mar Single Referral to FIN RELATING TO HEALTH. Introduced by: Thielen L, Chun Oakland S, Baker R, Green J, Kidani M, Tokuda J Establishes provisions relating to inspections; public notice. Beginning with inspections occurring on January 1, 2015, requires the department of health to post on its website electronic copies of reports for all inspections it performs for state licensed care facilities. Requires the department of human services to post each report on the department of health's website within 5 days of the conclusion of each inspection. Requires each report posted on the department of health's website that reports a violation committed by a state licensed care facility to be removed from the website after 3 years from the date the report was posted. Appropriation to the department of health to fund computer equipment, website and database development, and staff support, including 1 full time equivalent position (1.0 FTE). ($$) -- SB0358 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HLT/ HUS/ then CPC then FIN RELATING TO VIDEOCONFERENCING. Introduced by: Ruderman R, Ihara L, Green J, Thielen L, Baker R, Espero W, Keith-Agaran G, Gabbard M Establishes provisions relating to videoconferencing legislative committee hearings. Requires each chamber of the legislature to establish procedures to enable neighbor island residents to present oral testimony at legislative committee hearings through the use of audiovisual technology. Appropriation. ($$) -- SB0369 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to LMG then JUD then FIN RELATING TO HIGHER EDUCATION. Introduced by: Ruderman R, Chun Oakland S, Ihara L Appropriation to the university of Hawaii for an outreach program under the college of agriculture, forestry, and natural resource management of the university of Hawaii at Hilo utilizing temporary or contract hires to perform a needs assessment for the higher education learning center project. ($$) -- SB0380 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HED then FIN RELATING TO COMPREHENSIVE PUBLIC FUNDING FOR ELECTIONS. Introduced by: Ruderman R, Green J Amends Act 244, session laws of 2008, certification of qualification for comprehensive public funds by adding limit number of certified candidates. Requires the commission on elections to certify no more than 15 candidates for comprehensive public funding for each election period based upon the candidates' order of eligibility in qualifying for certification. Changes the base amount for primary and general elections to the average amount used by the winning candidates in the previous 2 county council elections for every district, minus 10 per cent. Appropriation. ($$) -- SB0381 HD2 Apr=11 13 Senate Disagrees to House amendments March 6,

15 SENATE BILLS WHICH PASSED THIRD READING Apr=18 13 Conference Committee: Senate Members: Hee C, Kouchi R -- Green J, Ruderman R, Slom S SB0382 SD1 (SSCR 823) SB0390 SD2 HD1 (HSCR 956) SB0391 SD2 HD1 (HSCR 1014) SB0404 SB0406 SD2 HD1 (HSCR 1138) RELATING TO FUEL TAX REVENUES. Introduced by: Ruderman R Amends provisions relating to the fuel tax. Provides that the county of Hawaii may expend funds for the maintenance of substandard private subdivision roads that are used by the public. Act to be repealed on June 30, 2018 (sunset). -- SB0382 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to TRN then FIN RELATING TO SOCIAL SERVICES. Introduced by: Chun Oakland S, Galuteria B Appropriation to the department of human services for non school hour positive youth programs, a Uniting Peer Learning Integrating New Knowledge (UPLINK) administrator in the department of education, and other Uniting Peer Learning Integrating New Knowledge (UPLINK) staffing needs. ($$) -- SB0390 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to EDN RELATING TO YOUTH. Introduced by: Chun Oakland S Requires the office of youth services to coordinate a 2 year safe places for youth pilot program in partnership with private organizations. Requires the pilot program to coordinate a comprehensive network for youth to access safety and obtain advice, guidance, programs, and services. Establishes a safe place youth program coordinator position. Requires the coordinator to coordinate the safe places for youth network; partner with an entity to maintain an updated listing of safe places statewide; provide ongoing training of organizations designated as safe places for youth in areas including emergency response and trauma; partner with department of education, Hawaii state student council, peer education programs, private schools, and other youth services organizations to build awareness of the safe places for youth network; and convene an annual meeting of safe places for youth organizations and other interested parties to identify emerging needs, provide feedback on program effectiveness, and provide an opportunity to recommend improvements to the pilot program. Pilot program will cease to exist on June 30, 2015 (sunset). Appropriation. ($$) -- SB0391 HD1 Apr=11 13 Senate Disagrees to House amendments Apr=18 13 Conference Committee: Senate Members: Chun Oakland S, Kidani M -- Green J, Ige D, Slom S RELATING TO THE CORRECTIONS POPULATION MANAGEMENT COMMISSION. Introduced by: Kim D (BR) Amends provisions relating to corrections population management commission established. Increases commission from 11 to 13 members. Adds the administrator of the office of Hawaiian affairs and 1 member from the public who is knowledgeable about issues relating to the criminal justice system and has substantial experience or expertise in traditional native Hawaiian practices. -- SB0404 Mar Passed Second Reading House Mar Referred to FIN RELATING TO TRAINING. Introduced by: Kim D (BR) Establishes the provisions relating to training certain boards, commissions, and councils; traditional and customary rights, and public trust law. Requires training to members of the land use commission, board of land and natural resources, commission on water resource management, environmental council, board of directors of the agribusiness development corporation, board of agriculture, legacy land conservation commission, natural area reserves system commission, Hawaii historic places review board, board of health, and board of directors of the public land development corporation. Requires all council, board, and commission members to complete, within 6 months of the date of the member's initial appointment, the training course established and administered by the office of Hawaiian affairs. Requires the office to establish, design and administer, at its own expense, a training course relating to native Hawaiian and Hawaiian traditional and customary rights, native Hawaiian and Hawaiian natural resources protection and access rights, and the public trust, including the State's trust responsibilities. Requires the March 6,

16 SENATE BILLS WHICH PASSED THIRD READING training course to include historical information, explanations, and discussions of key state laws, state constitutional provisions, and court rulings that reaffirm and provide for the protection of native Hawaiian and Hawaiian rights; and a discussion of the importance of the public trust resources and various programs to native Hawaiian and Hawaiian rights. Requires the governor to provide to the office of Hawaiian affairs the names of persons required to take the training course. -- SB0406 HD1 Apr=11 13 Senate Disagrees to House amendments Apr=18 13 Conference Committee: Senate Members: Galuteria B, Hee C, Kidani M -- Keith-Agaran G, Kouchi R SB0414 SD2 (SSCR 685) SB0451 SD1 (SSCR 2604) RELATING TO COMMERCIAL DOG BREEDERS. Introduced by: Kim D (BR) Establishes provisions relating to prevention of cruelty to dogs law. Prohibits a person from owning, possessing, controlling, or otherwise have charge or custody of more than 30 dogs over the age of 1 year with intact sexual organs. Requires any person who owns, possesses, controls, or otherwise has custody of more than 10 dogs over the age of 4 months with intact sexual organs to provide minimum care requirements and record keeping. Establishes prohibitions on certain types of dogs in the same enclosure. Makes it a misdemeanor or a charge of animal cruelty if warranted. -- Establishes provisions relating to dog breeders; license required; fees; minimum requirements; premises available for inspection; civil penalties. Prohibits any person to own or operate as a dog breeder unless the person obtains a valid license as a dog breeder. Allows each county to issue licenses to commercial dog breeders and to fix license fees. Allows each county to establish minimum standards regarding the care, treatment, and proper recordkeeping requirements in commercial dog breeding operations. Requires the commercial dog breeder licensee to make its premises available for unannounced inspection by the county or the county's designee. Establishes a civil penalty for operating without a license. -- Amends provisions relating to contracts for seizing and impounding dogs. Allows any county to contract with any society or organization formed for the prevention of cruelty to animals, or similar dog protective organization for the seizure and impounding of all unlicensed dogs owned by a dog breeder and dogs owned by a person acting in the capacity of or engaged in the business of a dog breeder within the county without a dog breeder license not in compliance with this law. -- SB0414 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to EDB then CPC/ JUD/ RELATING TO THE PUBLIC UTILITIES COMMISSION. Introduced by: Solomon M Repeals the public utilities commission from the department of budget and finance and provides that the commission be an autonomous agency of the State and shall be assigned for administrative purposes only to the department of commerce and consumer affairs. Changes the salary for the chairperson of the public utilities commission. Provides the public utilities commission's operational expenditures under specified threshold limits to be agreed upon by the chairperson and executive officer of the commission and the director of commerce and consumer affairs, shall be subject to the review and approval of the chairperson and executive officer subject to all applicable procurement laws and procedures; provided that operational expenditures above the agreed upon threshold amount may be reviewed and approved by the director of finance. Amends provisions relating to employment of assistants. Provides that the employment, appointment, applicable salary schedules, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the public utilities commission shall be determined by the chairperson and may be delegated to the executive officer, subject to applicable personnel laws. Requires the chairperson of the commission to appoint, employ, and dismiss, at pleasure, an executive officer who shall be responsible for managing the operations of the commission. Establishes responsibilities of the executive officer who shall be exempt from civil service law. Amends provisions relating to consumer advocate; director of commerce and consumer affairs by replacing director of commerce and consumer affairs with the executive director of the division of consumer advocacy of the department of commerce and consumer affairs. Amends provisions relating to division of consumer advocacy; personnel. Requires the division of consumer advocacy to be under the supervision and control of an executive director who shall be known as the consumer advocate. Requires the director of commerce and consumer affairs to appoint the executive director, who shall be exempt from civil service law and fix the director's compensation. Appropriation. Transfers all rights, powers, functions, and duties of the department of budget and March 6,

17 SENATE BILLS WHICH PASSED THIRD READING finance as they relate to the public utilities commission to the department of commerce and consumer affairs. Requires the department of commerce and consumer affairs to provide public notice of the transfer completion in printed publication or electronic format that is accessible statewide. -- SB0451 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to CPC then FIN SB0452 SD2 (SSCR 579) SB0453 SB0456 SD2 (SSCR 824) SB0457 SD2 (SSCR 825) SB0460 SD1 (SSCR 709) SB0463 SD2 HD1 (HSCR 1187) RELATING TO THE BOARD OF REGENTS OF THE UNIVERSITY OF HAWAII. Introduced by: Solomon M, Kahele G Amends provisions relating to regents; appointment; tenure; qualifications; meetings. Reduces the amount of vice chairpersons the board of regents of the university of Hawaii may elect from 2 to 1. Repeals the regents candidate advisory council for the board of regents of the university of Hawaii. -- SB0452 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HED then JUD then FIN PROPOSING A CONSTITUTIONAL AMENDMENT TO ARTICLE X, SECTION 6, OF THE HAWAII STATE CONSTITUTION TO MODIFY THE APPOINTMENT PROCESS FOR THE BOARD OF REGENTS OF THE UNIVERSITY OF HAWAII. Introduced by: Solomon M, Dela Cruz D, Kahele G Proposes to amend the constitution. Repeals provisions that the candidate advisory council present candidates to the governor for appointment to the board of regents of the university of Hawaii. -- SB0453 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HED then JUD then FIN RELATING TO MAUNA KEA STATE RECREATIONAL AREA. Introduced by: Solomon M, Kahele G Requires the department of land and natural resources to enter into negotiations with the county of Hawaii for the lease of Hapuna beach park to the county. Report to the legislature. Act to be repealed on December 31, (sunset). -- SB0456 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to WAL then FIN RELATING TO HAPUNA BEACH PARK. Introduced by: Solomon M, Kahele G Requires the department of land and natural resources to enter into negotiations with the county of Hawaii for the lease of Hapuna beach park to the county. Report to the legislature. Act to be repealed on December 31, (sunset). -- SB0457 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to WAL/ OMH/ then FIN RELATING TO THE CENTER FOR OKINAWAN STUDIES. Introduced by: Ige D, Tokuda J, Keith-Agaran G, Espero W, Taniguchi B Appropriation to the university of Hawaii to fund 1 full time equivalent (1.00 FTE) Okinawan studies librarian position at the university of Hawaii at Manoa library. ($$) -- SB0460 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HED then FIN RELATING TO FILM AND DIGITAL MEDIA INDUSTRY DEVELOPMENT. Introduced by: Ige D Amends provisions relating to the motion picture, digital media, and film production income tax credit. Redefines digital media by repealing exclusion of an advertising message with Internet only distribution. Redefines qualified production costs to exclude state and county facility and location fees that are not subject to general excise tax or state income tax. -- Amends Act 88, session laws of 2006, by extending the sunset date to January 1, 2025 (sunset). -- Requires the department of business, economic development, and tourism to submit an annual report to the legislature including a cost benefit analysis of the credit including the total number of full time, part time, and contract personnel on the payroll necessary to administer the film production credit and the average wage of each personnel groups and total earnings for the year. Further requires the department to report the data collected and a total of tax credits granted for each qualified production. -- SB0463 HD1 Mar Passed Second Reading House March 6,

18 SENATE BILLS WHICH PASSED THIRD READING Mar Referred to FIN SB0464 SD1 (SSCR 485) SB0465 SD1 (SSCR 635) SB0470 SD1 HD2 (HSCR 1547) SB0472 SD1 HD1 (HSCR 1400) RELATING TO LIQUOR COMMISSIONS. Introduced by: English J, Keith-Agaran G, Chun Oakland S, Baker R, Kidani M Amends provisions relating to jurisdiction and powers under intoxicating liquor. Requires the liquor commission to prescribe, by rule, limitations on licensed premises regarding dancing. -- SB0464 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to EDB then CPC/ JUD/ RELATING TO TORT ACTIONS. Introduced by: English J, Kidani M, Kouchi R, Chun Oakland S, Galuteria B, Solomon M Establishes provisions relating to physical or constructive invasion of privacy; civil cause of action. Provides that a person is liable for physical invasion of privacy when the defendant knowingly enters onto land owned or leased by the plaintiff without permission in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person. Provides that a person is liable for constructive invasion of privacy when the defendant attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity on land owned or leased by the plaintiff and under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used. Establishes civil penalties. -- SB0465 SD1 Mar Introduction/Passed First Reading - House Mar Multiple Referral to CPC then JUD then FIN RELATING TO CREDIT CARDS. Introduced by: English J, Kidani M, Ruderman R, Keith-Agaran G, Espero W, Kouchi R, Chun Oakland S, Green J, Dela Cruz D, Galuteria B Establishes provisions relating to credit card surcharges prohibited. Prohibits retailers from imposing a surcharge on a cardholder provided that a retailer may offer discounts for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card if the discount is offered to all prospective buyers. Exempts charges for payment by credit card or debit card of a utility charge that has been approved by the public utilities commission. -- SB0470 HD2 Apr=11 13 Senate Disagrees to House amendments Apr=15 13 Conference Committee: Senate Members: Baker R -- Galuteria B, Nishihara C RELATING TO MARIJUANA. Introduced by: English J, Ruderman R, Espero W, Galuteria B, Gabbard M, Kidani M, Dela Cruz D Establishes provisions relating to mandatory revocation of the license of a minor under highway safety law. Requires any court of competent jurisdiction to suspend the license, provisional license, or instruction permit of any person under the age of 18, if applicable, for a period of 1 year upon the adjudication for the possession of any amount of marijuana pursuant to promoting a detrimental drug in the 1st, 2nd, or 3rd degree. Establishes provisions relating to possession of marijuana (cannabis). Requires intentional or knowing, or reckless possession of 20 grams or less of marijuana by a person 18 years of age or older to constitute a civil violation subject to a fine 100 dollars. Requires civil fines and penalties for violation to be deposited by the director of finance to the credit of the state general fund. Establishes provisions relating to right of action under tort actions law. Requires any person 18 years or older who sells, furnishes, or provides marijuana to a person or who, occupies, or controls premises on which marijuana is used or consumed; who knows of marijuana use or consumption; and who reasonably could have prohibited or prevented marijuana use or consumption by persons under 18 years of age to be liable for all injuries or damages caused by the intoxicated person. Exempts primary caregivers registered with Hawaii's medical use of marijuana program. Prohibits an intoxicated person under the age of 18 year who causes an injury or damage to have rights of action. Amends provisions relating to civil action; intoxication March 6,

19 SENATE BILLS WHICH PASSED THIRD READING of persons under age 21 to include 18. Amends the offenses related to drugs and intoxicating compounds law. Provides that 20 grams or less of marijuana shall not be deemed a detrimental drug. Changes possesses 1 or more preparations, compounds, mixtures, or substances of an aggregate weight of 1 pound or more to more than 400 grams of marijuana or distributes 1 or more preparations, compounds, mixtures, or substance of an aggregate weight of 1 ounce or more to more than 20 grams containing any marijuana. Provides that a minor commits the offense of promoting a detrimental drug in the 3rd degree if the minor knowingly possesses any marijuana or any schedule V substance in any amount. Amends provisions relating to promoting intoxicating compounds. Provides a person commits the offense of promoting intoxicating compounds to include marijuana. Provides a conviction for 1 or more civil violation shall not constitute a prior offense making a conditional discharge unavailable to the defendant. -- SB0472 HD1 Mar Introduction/Passed First Reading - House Apr Re Committed to JUD SB0490 SD2 (SSCR 522) SB0492 SD2 HD1 (HSCR 1218) SB0495 SD2 HD2 (HSCR 1174) RELATING TO NURSING. Introduced by: Baker R, Green J, Chun Oakland S Amends provisions relating to collaboration with the center for nursing. Requires the professional and vocational licensing division of the department of commerce and consumer affairs to collaborate with the center for nursing to enable the center for nursing to obtain nursing related data, including but not limited to workforce data of nurses licensed in the State. Provides that the survey shall be requested as part of the nurse license renewal requirements. -- SB0490 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to HLT then CPC RELATING TO TOBACCO PRODUCTS. Introduced by: Baker R, Green J, Chun Oakland S Amends provisions relating to the cigarette tax and tobacco tax law. Adds an excise tax equal to 3.20 dollars per ounce in each article or item of tobacco other than large cigars, sold by the wholesaler or dealer on and after January 1, 2014, which shall be deposited to the credit of the Hawaii cancer research special fund, the trauma system special fund, community health centers special fund, and the emergency medical services special fund. -- SB0492 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN RELATING TO INSURANCE. Introduced by: Baker R Establishes a working group attached to the department of commerce and consumer affairs. Requires the working group to assist in the development of a program to identify uninsured motor vehicles in the State using web based technology. Requires the working group to provide recommendations regarding the development of a request for proposals from qualified vendors to perform all services necessary to develop and operate the motor vehicle insurance verification program including guidance on established industry standards for real-time automotive liability insurance verifications as prescribed by the Insurance Industry Committee on Motor Vehicle Administration; sending of notification letters to uninsured motorists, specifically targeting repeat offenders, with additional checks; providing for suspension of motor vehicle registration upon failure to respond to notification letters; and implementation of the program by January 1, Further requires the working group to provide recommendations on the selection of a qualified vendor; ways to exclude commercial vehicles from the motor vehicle insurance verification program; providing for an alternative means of reporting requirements for small insurers; appropriate benchmarking criteria and reporting requirements to determine program efficacy and measure the proportion of uninsured motor vehicles to insured motor vehicles; and the impact on the uninsured motorist population if minimum bodily injury liabilities are increase. Working group to cease to exist on January 1, 2015 (sunset). Requires the department of commerce and consumer affairs to develop and operate a program to identify uninsured motor vehicles in the State. Establishes the motor vehicle insurance verification special fund within the state treasury and requires the department of commerce to administer the fund and moneys used for developing and operating a program to identify uninsured motor vehicles in the State. Amends provisions relating to department of commerce and consumer affairs law. Requires the portion of fines imposed under penalties to be deposited into the motor vehicle insurance March 6,

20 SENATE BILLS WHICH PASSED THIRD READING verification special fund. Amends provisions relating to transfers from special funds for central service expenses. Adds Motor vehicle insurance verification special fund. Amends provisions relating to special fund reimbursements for departmental administrative expenses. Adds motor vehicle insurance verification special fund. Amends provisions relating to deposits to compliance resolution fund. Adds that exempts motor vehicle insurance verification special fund from all assessments, fees, fines, penalties, and reimbursements collected by or on behalf of the insurance division under title 24. Amends provisions relating to penalties. Decreases the fine for the 1st offense, if a person is convicted of not having had a motor vehicle insurance policy in effect at the time the citation was issued. Repeals the judge to have the discretion to suspend all or any portion of the fine, if the defendant provides proof of having a current motor vehicle insurance policy. Requires the 1st 25 dollars of any fine imposed to be deposited into the motor vehicle insurance verification special fund, and the remaining balance to be deposited into the general fund. Amends provisions relating to certificate of inspection. Repeals a certificate of inspection to state the effective date, the termination date, the name of the issuing insurance carrier, and the policy number of the motor vehicle insurance identification card. -- Amends provisions relating to examination of applicants. Repeals as part of the examination that the applicant for a driver's license to produce and display a valid motor vehicle or liability insurance identification care. -- Requires the examiner of drivers to confirm that the vehicle to be used by the applicant to demonstrate the ability to operate a motor vehicle is insured via the motor vehicle insurance verification program. -- Amends provisions relating to verification of insurance; motor vehicles. Repeals the requirement for insurance commissioner to approve the construction, form, and design of the identification card. Act to be repealed on June 30, 2020 (sunset). -- SB0495 HD2 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN SB0497 SD2 HD1 (HSCR 1028) SB0499 SD1 HD2 (HSCR ) SB0500 SD2 (SSCR 710) SB0506 SD2 HD2 (HSCR 1560) RELATING TO BEACH NOURISHMENT. Introduced by: Baker R, English J, Keith-Agaran G, Chun Oakland S Appropriation out of the beach restoration special fund to the department of land and natural resources for the environmental impact statement associated with the planned beach nourishment project at Kaanapali beach. Requires matching private funds. ($$) -- SB0497 HD1 Mar Passed Second Reading House as amended (HD1) Mar Referred to FIN RELATING TO PARTITION OF HEIRS PROPERTY. Introduced by: Baker R, English J, Chun Oakland S, Keith-Agaran G Establishes the uniform partition of heirs property act. -- SB0499 HD2 Feb=27 14 Senate Disagrees to House amendments RELATING TO TRANSIENT ACCOMMODATIONS. Introduced by: Baker R Amends Act 326, session laws of 2012, which establishes provisions relating to local contact; relevant information; advertisements; transient accommodations. Requires the operator to furnish relevant information. Provides that the nongovernmental entity's duty is to report relevant information received from operators and the name, address, and contact information of local contacts designated by operators. Establishes civil penalty imposed no more than once per year. -- SB0500 SD2 Mar Introduction/Passed First Reading - House Mar Multiple Referral to CPC then FIN RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING. Introduced by: Baker R, Nishihara C, Gabbard M, Chun Oakland S Establishes provisions relating to licensure by endorsement or licensure by reciprocity; initial acceptance by affidavit; service member. Provides that if a service member holds a current license in another state, district, or territory of the US with licensure requirements that the licensing authority determines are equivalent to or exceed those established by the licensing authority of this State, that service member receive a license of the licensing authority of this State regarding licensure by endorsement or licensure by reciprocity; provided that the service member has not committed an act in any jurisdiction that would have constituted grounds for the limitation, suspension, or revocation of a license; has never been censured or had other disciplinary action taken; has not had an application for licensure denied; and has not refused to practice a March 6,