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How major bills fared at the Capitol

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B4 L O C A L

HONOLULU STAR-ADVERTISER >> SUNDAY 5/8/11

How major bills fared at the Capitol
State lawmakers adjourned the session Thursday after reviewing hundreds of bills. Here is the status of some of the most significant bills. Bills that have passed have been sent to Gov. Neil Abercrombie for his signature or veto. The governor also can allow bills to become law without his signature. Lawmakers can override vetoes by a two-thirds vote in each chamber.

GOVERNMENT
PASSED

BUSINESS/TAXES
PASSED

EDUCATION
PASSED

CONSUMER PROTECTION/LABOR
PASSED

LAW ENFORCEMENT
PASSED

HEALTH/SOCIAL SERVICES
PASSED

ENVIRONMENT
PASSED

MISCELLANEOUS
PASSED

State budget (HB 200 HD1 SD1 CD1) Provides more than $11 billion overall in state spending for fiscal year 2012 and $10.9 billion in fiscal year 2013. The budget helps close a $1.3 billion deficit over two years. Civil unions (SB 232 SD1 HD1 Act 1)

GET exemptions (SB 754 SD1 HD1 CD1) Suspends generalexcise tax exemptions on several business activities and imposes a GET of 4 percent over the next two fiscal years. Tax policy changes (SB 570 SD2 HD1 CD1)

Appointed school board (SB 8 SD1 HD2 Act 5) Implements a state constitutional amendment approved by voters to allow the governor to appoint the state Board of Education. Reduces the school board to 10 members -- down from 14 -- including a nonvoting student member. Minimum classroom instruction (HB 945 HD2 SD1 CD1) Allows half of the state’s elementary schools and all secondary schools more time to meet state mandates for minimum classroom instruction hours. Weighted student formula (SB 1281 SD1 HD1) Requires the Committee on Weights, which sets the weighted student formula for school spending, to meet every other year instead of annually. The change could provide more stability in the formula for principals and school community councils. DOE salary cap (HB 953 HD2 SD1) Changes the salary cap for the deputy superintendent, assistant superintendents and complex-area superin tendents from 80 percent of the superintendent’s salary to the same as the superintendent’s salary.
FAILED

Employees’ Retirement System (HB 1038 HD2 SD2) Adjusts the retirement benefits for state and county workers hired starting in July 2012, such as employee contribution rates, average compensation calculations, the vesting period and the retirement age. Mortgage foreclosures (SB 651 SD2 HD2 CD1 Act 48) Establishes a temporary mortgage foreclosure dispute resolution program and authorizes the conversion from nonjudicial to judicial foreclosure process.

Human trafficking (HB 141 HD1 SD1 CD1) Establishes first- and second-degree felonies for labor trafficking offenses, and offenses of nonpayment of wages and unlawful conduct regarding documents. Prostitution (HB 240 SD1 CD1) Increases the penalties for promoting prostitution and makes provisions to provide security and protection for witnesses. Prisoner deaths (SB 49 SD1 HD2 CD1)

Prepaid Health Care Act (HB 1134 HD1 SD2) Deletes provisions for the termination of the state’s Prepaid Health Care Act on the effective date of federal health care reform legislation. Hospital infection reporting (HB 889 HD2 SD2 CD1) Establishes infection reporting requirements on hospitals.

On-bill financing (HB 1520 HD2 SD2 CD1) Directs the Public Utilities Commission to study a program to allow residential customers to pay for energy efficient or renewable energy devices and systems through their regular electric utility bills. Poi (SB 101 SD1 HD2 CD1)

Native Hawaiian recognition (SB 1520 SD2 HD3 CD1) Establishes a fivemember commission within the state Office of Hawaiian Affairs to prepare and maintain a roll of qualified native Hawaiians and work toward convening a convention for the purpose of organizing a governing entity.
FAILED

Repeals a state income tax deduction on higher-income Allows same-sex and taxpayers, caps heterosexual couitemized deductions ples to enter into on higher-income civil unions and retaxpayers, and deceive the same lays an increase in rights, benefits and the standard deducresponsibilities of tion and personal exmarriage under state emption. law. Rental car Hurricane fund surcharge (SB 1270 SD2 HD1 (HB 1039 HD1 SD2 CD1) CD1) Diverts money from Adjusts and raises the hurricane relief rental car surfund to the state’s charges and diverts general fund to help some of the money balance the budget. into the state’s general fund next fiscal Rainy day fund (SB 1293 HD2 Act 30) year to help close the budget deficit. Uses money from the state’s rainy day Vehicle registration fund to help pay for fee (SB 1328 SD1 HD2 state welfare proCD1) grams this fiscal year. Increases the motor vehicle registration Salary freeze fee and uses the pro(HB 575 HD1 SD2) ceeds for the state’s Extends a 5 percent highway fund. salary cut for lawVehicle weight tax makers and execu(SB 1329 SD1 HD2 tive and judicial CD1) branch officials through December Increases the motor 2013. vehicle weight tax and uses the proFAILED ceeds for the state’s highway fund. Multi-state lottery Requires the state to Special fund study whether transfers Hawaii should par(SB 120 SD1 HD1 ticipate in a multiCD2) state lottery. Repeals and adjusts Hawaiian bingo several special funds Allows one bingo and transfers money hall on Hawaiian to the state’s general home lands regufund to help close lated by a state comthe budget deficit. mission. Rail fund transfer Diverts tax money collected for the Honolulu rail project to the state to help with the budget but reimburses Honolulu with generalobligation bonds. Extends a city generalexcise tax surcharge for rail for two years to 2024. State bank Convenes a task force to study the feasibility of establishing a state bank. Elected attorney general A state constitutional amendment asking voters whether the attorney general should be elected, rather than appointed by the governor with the advice and consent of the Senate. Streamlined Sales Tax Project Authorizes the state to join a compact with other states to collect taxes owed on Internet and catalog sales.
FAILED

Requires the state Department of Public Safety to report Transgender equity to the governor, and (HB 546 SD1 Act 34) for the governor to Prohibits discrimina- report to Legislature, the death of an tion on the basis of inmate or correcgender identity and expression as a pub- tional facility emlic-policy matter and ployee within 48 hours. specifically with regard to employment. Pregnant inmates (SB 219 SD1 HD1) FAILED Medicare Part B Eliminates state Medicare Part B reimbursements for state workers hired after July. The workers and their spouses would not be eligible for the benefit upon retirement. Helmet use Requires helmets when riding motorcycles, bicycles, motor scooters, mopeds and all-terrain vehicles. Employer-Union Health Benefits Trust Fund Requires the EUTF to provide group life insurance coverage only to public workers who retire before July. Prohibits shackling or physically restraining inmates who are pregnant or in postpartum recovery except under extraordinary circumstances. Law enforcement memorial (HB 1622 HD1 Act 14) Calls for a law enforcement memorial in the Capitol District, provided that private funds are solicited for construction. Media shield law (HB 1376 SD1) Extends for two years a law protecting journalists from the compelled disclosure of sources or unpublished information by state legislative, executive or judicial authority.

Visitor guides Holds authors and Pension tax publishers of visitor Bullying Imposes a pension guides liable when Establishes a bullytax on higher-inFAILED ing and cyber-bully- readers suffer injury come retirees. ing policy for public or death as a result Marijuana of being enticed schools. Requires Soda tax possession implementation and onto restricted propImposes a tax on Decriminalizes the erty. soda and other sug- sets reporting repossession of one quirements. ary beverages and Complaint records ounce or less of maruses the proceeds Adjusts state online ijuana. Establishes a University for health programs public disclosure re- civil fine of no more carry-over funds and to help with the quirements for com- than $100. Allows the Univerbudget deficit. plaint records sity of Hawaii to reTemporary against licensed proCasino gambling tain and carry over a restraining orders fessionals. Grants a 10-year liportion of its genAllows temporary cense for one standeral-fund appropria- Online harassment restraining orders alone casino in Makes it a misdetion to improve against harassment Waikiki not in a hoefficiency and to pre- meanor to use anand domestic abuse tel. Imposes a wagerother person’s name to be issued upon vent money from ing tax on gross online without perlapsing. the submission of receipts. mission and with the oral sworn testiActivities for homeintent to harm. mony or a complaint Film tax credits schooled students Makes repeat ofto a judge by elecExpands film tax Requires the state fenses a third-degree tronic means. credits to help lure Department of Edufelony. more productions to cation and state Prisoner transfers the state. All-terrain vehicles Board of Education Prohibits prisoners Sets safety and other who have one year to develop policies Liquor tax conditions for mior less remaining on Increases liquor tax to allow homenors to operate allschooled students their sentences berates. terrain vehicles, to participate in exfore they are eligible Tobacco tax tra-curricular activi- including adult sufor parole to be Imposes an excise pervision for minors transferred to the ties available at the tax on tobacco produnder 16. public school at mainland. ucts. which they would Frozen bread Electric guns otherwise attend. Internet sales Requires grocers Permits county Allows online retailand wholesale clubs liquor authority inSchool ers and catalog comto identify baked vestigators to posrestructuring panies the choice of bread that has been sess electric guns. Restructures the collecting the state’s state Department of previously frozen. Kulani prison general excise tax or Education into sepaRequires the state providing the state rate divisions for acDepartment of Pubwith consumer inforademic and lic Safety to develop mation so the state administrative funca plan for reopening can collect use taxes tions. Establishes Kulani Correctional due on sales. two deputy superinFacility. tendent positions to head each division.

DOE audit Calls for an independent financial and management audit of the state Department of Education.

Exempts the preparation of handPseudoephedrine pounded poi from sales certain state Depart(SB 40 SD2 HD2 ment of Health reguCD1) lations regarding food safety if certain Establishes a trackconditions are met. ing system for the sale of products con- Requires the department to adopt rules taining pseuby the end of the doephedrine or ephedrine base. The year. drug can be used in FAILED the production of methamphetamine. Plastic bags Requires businesses FAILED in the state to collect a 10-cent fee for Assisted suicide each single-use plasAllows a terminally tic checkout bag ill, competent adult provided to a custo receive medicatomer. tion to end life. Requires informed Clean energy bonds consent and specifiEstablishes a clean cally prohibits energy bond loan mercy killing, lethal program for renewinjection and active able energy systems euthanasia. and energy effiMarijuana compasciency improvesion center ments on residential Establishes a single and commercial distribution center properties. for medical marijuana in an unspeci- Undersea cable Establishes the regufied location; latory structure for restricts medical the Public Utilities marijuana prescripCommission to rections to patients diognize an operator agnosed with for an undersea caspecific ailments. ble project to bring Medical marijuana wind power to Oahu program from Molokai and Transfers jurisdicLanai. tion over the medPublic Utilities ical marijuana Commission program from the state Department of Expands the PUC to five members, up Public Safety to the state Department of from three, and makes other strucHealth. tural changes. UH medical school Renewable energy Extends the ability tax credit of the University of Requires renewable Hawaii medical energy systems to school to use a porbe in service before tion of tobacco setJanuary 2017 for restlement money to pay for operating ex- idents to claim an income tax credit. penses. Delays payout for Physicians’ tax credits claimed in credit 2012 to July 2013. Provides an income Orders that credits tax credit to doctors be claimed two who see a lot of Medyears following the icaid patients, praccost of installing retice in rural areas, or newable systems. respond to emerConveyance tax gency calls to help Temporarily susoffset the cost of medical-malpractice pends the distribution of a portion of insurance. the conveyance tax Childhood obesity to the land conserCreates a pilot provation fund. gram to encourage Public school health care lands trust providers to cover Allows for the redechildhood obesity services. Requires a velopment of report to the Legisla- unused or underture before the 2015 used public school land to generate revsession. enue to finance Emergency school repair and contraception maintenance projRequires hospitals ects. Requires twoto provide sexual-asthirds’ votes from sault survivors with the House and Senmedically and factuate to sell any school ally accurate inforland. mation regarding Barrel tax emergency contraception and to make Diverts some money generated from a emergency contraception immediately barrel tax on petroleum products to available to sexualhelp finance alternaassault survivors tive energy proupon request. grams.

Legal claims Appropriates money to pay for legal claims against the state. APEC Appropriates money to cover state security costs for the Asia-Pacific Economic Cooperation conference. Gifts Allows lawmakers to accept invitations or tickets to charitable events from a charitable entity, regardless of whether the charity is the host of the event. Nepotism Prohibits legislators and state employees from naming or appointing close relatives to a public office or employment position. Prohibits legislators from voting for the confirmation of a relative. Creates an exemption if the relative is highly qualified for a position. Instant runoff voting Requires instant runoff voting -where voters rank candidates -- in county elections when there is no primary or runoff possibility. Homeless return Establishes a program to return eligible homeless individuals to their home state. Requires that a support network is available and able to receive the individual. Interisland ferry Establishes the Hawaii State Ferry System and a special fund for a system to transport people and cargo between islands. Appropriates funds for startup and operation of the system. Leaf blowers Restricts the use of leaf blowers for more than 15 minutes per day per one-quarter acre per parcel of property. Slaughterhouse Appropriates funds for the state to acquire a slaughterhouse within Campbell Industrial Park. Shipboard gambling Authorizes shipboard gaming on vessels in state waters. Imposes an admission tax and a wagering tax.

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