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House passes more than 150 measures on second crossover

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The state House of Representatives on Tuesday passed more than 150 Senate bills dealing with education, housing and homelessness, health, seniors, agriculture, invasive species and the environment, minimum wage, public safety and improving the quality of life for Hawaii residents.

The majority of these bills, along with House bills passed by the Senate, will go into conference committees where House and Senate conferees will negotiate differences in the measures and determine which will be presented for final consideration.

Notable senate-originating measures passed by the House include:

EDUCATION

SB2424, SD2, HD1 requires the state Department of Education in conjunction with other state departments and agencies to develop a master strategy for cooling all public schools facilities. Authorizes the issuance of general obligation bonds to fund projects that demonstrate efficient methods to air-condition classrooms.

SB2516, SD2, HD1 appropriates funds to the State Public Charter School Commission to support its facilities pilot project, based, in part, on the need and performance of charter schools.

SB2768, SD2, HD2 makes kindergarten attendance mandatory for 5-year-old children in the state.

MINIMUM WAGE

SB2609, SD1, HD2 updates the state’s minimum wage requirements, increasing the minimum wage each year from Jan. 1, 2015 to Jan. 1, 2018 to $7.75, $8.50, 9.25, and $10 respectively. Adjusts the tip credit to 50 cents per hour beginning Jan. 1, 2015 and 75 cents per hour beginning Jan. 1, 2016 provided that the combined amount the employee earns in salary and in tips is at least $7.00 more than the applicable minimum wage.

HOUSING AND HOMELESSNESS

SB2533, SD1, HD1 addresses Hawaii’s affordable housing needs through appropriations of fund and the issuance of general obligation bonds.

SB2442, SD1, HD1 helps meet the current and projected needs for affordable housing in Hawaii by appropriating monies to the Rental Housing Trust Fund for the construction of micro units, family units, and elder housing units to be leased to individuals and families meeting certain income requirements.

KUPUNA

SB2346, SD1, HD2 provides necessary services and support programs for the health and well-being of Hawaii’s older population by appropriating funds for the Kupuna Care Program, Aging and Disability Resource Center and Healthy Aging Partnership Program; and establishing a public education and awareness campaign on long-term care. Majority Package.

SB2345, SD1, HD1 protects Hawaii’s kupuna from financial fraud and abuse by appropriating funds for the operation of the investor education and other related financial education programs targeted at kupuna within the state Department of Commerce and Consumer Affairs. Majority Package.

SB2399, SD2, HD1 authorizes the High Technology Development Corporation to establish a geriatric research and technology park that will serve the emerging elderly population and stimulate economic growth and appropriates funds for the project.

TRANSPARENCY IN GOVERNMENT

SB2629, SD1, HD1 provides greater transparency in lobbying activities by requiring persons who engage in lobbying during any special session to file a statement of expenditures with the Hawaii State Ethics Commission within 30 days after adjournment sine die of the special session.

SB2634, SD1, HD2 requires individuals who spend more than $750 on lobbying during a statement period to itemize each expenditure in certain categories.

HEALTH AND HEALTH CONNECTOR

SB2470, SD1, HD1 amends the functions, operations, organization, and oversight of the Hawaii Health Connector.

SB2866, SD1, HD1 makes an emergency appropriation to provide funds for the functions of the Hawaii Health Systems Corporation and its regions.

SB2434, SD2, HD1 specifies additional duties for the Alzheimer’s Disease and Related Dementia Services Coordinator position in the Executive Office on Aging and appropriates funds to establish a full-time position to assist the coordinator with information and referral, counseling, education, support groups, and safety services.

SB2054, SD3, HD3 requires health insurers, mutual benefit societies, and health maintenance organizations to provide coverage for screening, diagnosis, and treatment of autism spectrum disorders up to a maximum benefit amount for certain individuals, and requires the University of Hawaii Economic Research Organization to contract for the performance of an actuarial analysis of the projected costs of providing insurance coverage for screening, diagnosis, and treatment of autism spectrum disorders.

SB2495, SD3, HD1 prohibits the use of electronic smoking devices in enclosed public areas and other specified locations.

PUBLIC SAFETY

SB2687, SD1, HD2 extends from two to four years after April 24, 2012, the statutory period during which victims of child sexual abuse may bring an otherwise time-barred civil action against the victim’s abuser and certain legal entities, including the State or its political subdivisions.

SB702, SD2, HD2 establishes Alicia’s Law to combat internet crimes against children by instituting an Internet Crimes Against Children Fee to be assessed against a defendant for each felony or misdemeanor conviction and creating an Internet Crimes Against Children Special Fund to train and equip, or otherwise enable, local law enforcement to investigate and prosecute internet crimes against children and assist groups working directly to fight internet crimes against children.

SB2729, SD2, HD1 amends the fine structure and amounts for violations of the prohibition against operating a motor vehicle while using a mobile electronic device in the state.

SB2315, SD1, HD1 appropriates funds to the state Department of Public Safety to provide substance abuse treatment to inmates of the Halawa Correctional Facility.

SB2308, SD1, HD1 appropriates funds to the Department of Public Safety to provide for programs and services for children of incarcerated parents and to assist with family reunification.

THE ENVIRONMENT AND INVASIVE SPECIES

SB2343, HD1 protects Hawaii’s environment and economy and the health and lifestyle of its people by appropriating funds for fiscal year 2014-15 to the state Department of Land and Natural Resources for projects undertaken in accordance with the Hawaii Invasive Species Council for prevention, control, outreach, research and planning. Majority Package.

SB2920, SD2, HD1 protects Hawaii’s environment, agriculture and economy, and the health of Hawaii’s residents and visitors from the devastating effects of invasive little fire ants by creating a pilot project to develop model strategies for controlling and eradicating the little fire ant, developing a canine detection pilot program, and implementing a statewide public awareness and education campaign.

SB3024, SD2, HD1 increases financial resources to support conservation and natural resource protection programs in the state by allocating funds from the Transient Accommodations Tax to support beach restoration, state parks, the Hawaii Statewide Trail and Access Program and the Conservation and Resource Enforcement Special Fund.

SB3121, SD1, HD1 requires legislative approval of any exchange of public land for private land by majority vote of both houses of the Legislature.

SB3065, SD1, HD1 appropriates funds for the state Department of Budget and Finance to investigate and, if appropriate, execute an exchange of existing state land for certain parcels of land currently owned by Dole food company, Inc., that contain important watershed, forest reserve and agricultural land.

SB2110, SD2, HD1 commits and restores appropriate staffing levels so the Department of Agriculture can properly administer and regulates pesticides in accordance with the Hawaii Pesticides Law.

SB3036, SD2, HD1 addresses erosion on Oahu’s North shore by requiring the University of Hawaii Sea Grant College Program to create a North Shore Beach Management Plan for the area stretching from the Kawailoa to Waialee ahupuaa and appropriating funds for the development of the plan.

SB2731, SD2, HD2 enables the operation of car-sharing companies which represents a green transportation innovation that can significantly reduce miles traveled, oil imports, greenhouse gases, and household transportation costs, in the state by creating a car-sharing vehicle surcharge tax.

AGRICULTURE

SB2175, SD2, HD2 authorizes the dean of the University of Hawaii College of Tropical Agriculture and Human Resources to establish a two-year industrial hemp phyto-remediation and biofuel research program.

SB2110, SD2, HD1 appropriates funds to facilitate increased pesticide education and regulation.

ECONOMIC DEVELOPMENT AND TOURISM

SB718, SD2, HD1 supports long-term economic growth by the State by appropriating funds to the Hawaii Strategic Development Corporation to continue the HI Growth Initiative. Also, appropriates funds to perform studies and analysis relating to the establishment of one or more facilities on Hawaii Island for quarantine operations.

SB2968, SD2, HD2 establishes a temporary income tax credit for qualified hotel construction and renovation costs.

SB2079, SD2, HD1 amends the Motion Picture, Digital Media, and Film Production Income Tax Credit by (1) requiring a film production to comply with all applicable statutes, ordinances, rules and regulations of the federal, state, and county governments and secure all necessary film permit approvals with the appropriate state or county agency if film production takes place on state or county property; (2) prohibiting production costs that have been financed with state funds from qualifying for the tax credit beginning July 1, 2014; and (3) prohibiting reality television programs from qualifying for the tax credit.

SB2583, SD1, HD1 appropriates funds, contingent on a dollar-for-dollar match of funds by the National Aeronautics and Space Administration (NASA), for the purpose of funding an engineering assessment of the proposed venture between NASA and the Pacific International Space Center for Exploration Systems to establish a laser optical communications ground station in the state.

SB3053, SD2, HD1 appropriates funds to establish, staff and operate a Hawaii Unmanned Aerial Systems Test Site. Establishes a chief operating officer position for the test site and an advisory board to oversee and manage operations.

ENERGY

SB2658, SD3, HD2 relating to solar energy on agricultural land. Complement the uses of utility scale solar energy generation and local food production on agricultural land with an overall productivity rating of Class B or C even if percentage of acreage limits are exceeded, by requiring a special use permit for the solar energy facility.

SB2198, SD1, HD1 creates a Renewable Energy Fuels Task Force within the Department of Business, Economic Development, and Tourism to perform a feasibility study and make recommendations on renewable energy strategies.

FISCAL INITIATIVES

SB2829, SD1, HD1 appropriates general funds to recapitalize the Emergency and Budget Reserve Fund (“Rainy Day” Fund) to help rebuild the State’s depleted fiscal reserves and ensure ongoing State financial stability.

NATIVE HAWAIIAN ISSUES

SB3122, SD2, HD2 authorizes the Office of Hawaii Affairs (OHA) to pursue authorization to conduct residential development and to impose association fees on certain parcels of land in the Kakaako Makai area that were transferred to OHA, as part of the settlement of claims related to public land trust revenues.

SB2953, SD1, HD3 allocates to the state Department of Hawaiian Home Lands a to be determined percent of the royalties received by the State from geothermal resources located on lands under the jurisdiction of the department.

OTHERS

SB1007, SD2, HD2 increases liability protections for the State and counties by extending the conclusive presumption for legally adequate warning to include dangerous non-natural conditions on unimproved lands and makes permanent the liability protections based on posting warnings signs regarding outdoor recreation on public lands by Act 82, Session Laws of Hawaii 2003.

SB2026, SD1, HD2 establishes the offense of cruelty to animals by slaughtering or trafficking pet animals for human consumption as a misdemeanor.

Senate Approves More than 170 House Bills at Second Crossover

At Second Crossover, the Hawaii State Senate advanced several bills that align with its 2013 legislative session priorities: improving the lives of Hawaii’s people through kupuna support, environmental protection, community investment and fiscal responsibility.

Lawmakers advanced legislation relating to education, housing and homelessness, health, public safety, agriculture, veterans, and tourism.

The Senate passed more than 170 measures, including those supporting Hawaii’s kupuna and protecting the environment. Lawmakers passed three joint majority package bills related to these issues. The kupuna measures advanced include HB1713, which will provide funding to support healthy aging programs and services and require the Executive Office on Aging to conduct a public education and awareness campaign on long-term care, and HB1715, which appropriates funds for the operation of investor education and related financial education programs targeted to kupuna. Senators also approved HB1714, a bill that addresses sea level rise due to climate change. Voting on HB1716, a bill addressing invasive species, has been deferred until passage of the state budget bill.

The Senate also advanced HB1866, a compromise bill that addresses the concerns of both developers and critics of the Hawaii Community Development Authority while moving the state forward in a positive direction. The bill amends the HCDA membership and appointment, creates a 418-ft height limit, and makes requirement changes for notice, hearing, approval and vesting of rights for development permits. It will also permit sales of reserved housing units and cash-in-lieu payments for reserved housing requirements.

To expedite discussions on the state supplemental budget, the Senate last week approved the HB1700, the supplemental appropriations act of 2014, which includes less spending while continuing to support education, health, human services, the environment and public safety.

Following lower tax revenue projections, the Senate’s version of the bill reduces all funds by $46.1 million, inclusive of a general fund reduction of $45.8 million. For FY2014-2015, the bill reduces all funds by $167.9 million, inclusive of a general fund reduction of $158.7 million.

The bill does not include funding for certain administration requests that are intended to be funded under other appropriation measures, including joint majority package bills. These reductions should not be counted as actual “savings.” The reductions include $33.5 million for the UHPA salaries, $1.0 million for the Hawaii Invasive Species Council, and $4.9 million for Kupuna Care and other senior citizen programs.

Members of the Senate and House next week will convene conference committees to work out any differences in the measures.

OTHER SECOND CROSSOVER BILLS

Education

HB2109 HD2 SD1 establishes a five-year evidence-based physical-activity and nutritional-education pilot program within the A+ Program in Hawaii’s public elementary schools.

HB1777 HD2 SD2 authorizes DOE employees and agents with specified training to volunteer to administer auto-injectable epinephrine to a student with anaphylaxis. Allows DOE to make arrangements to receive auto-injectable epinephrine supplies from manufacturers and suppliers.

HB2598 HD1 SD2 renames the Hawaii 3R’s School Repair and Maintenance Fund the Hawaii 3R’s School Improvement Fund. Requires the transfer of moneys collected pursuant to section 235-102.5(b), Hawaii Revised Statutes, and authorizes the transfer of any other moneys received in the form of grants and donations for school-level improvements and minor repairs and maintenance to the Hawaii 3R’s School Improvement Fund.

HB1676 HD1 SD1 appropriates funds to, and authorize, the Executive Office on Early Learning to enter into agreements with the Department of Education and public charter schools to use available classrooms for public preschool.

HB1756 HD1 SD2 statutorily establishes the Resources for Enrichment, Athletics, Culture, and Health program within the Office of Youth Services to provide after-school programs in public middle and intermediate schools. Establishes a special fund.

Environmental Protection

HB2434 HD1 SD1 increases financial resources to support a conservation and natural resource protection program in the State. Specifies the distribution and allowable uses, subject to agreement between the HTA and the BLNR, of transient accommodations tax revenues allocated to the special land and development fund for resource and facilities management costs related to the HTA’s strategic plan.

HB2620 HD1 SD2 requires the University of Hawaii Sea Grant College Program to submit a report updating the 1996 report on oil spills.

HB1514 HD1 SD2 appropriates moneys for mitigation of, and education relating to, the coffee berry borer.

Transient Accommodations Tax

HB1671 HD1 SD1 removes the current cap on transient accommodations tax revenues to be distributed to the counties and establishes the distribution of these revenues as a percentage of TAT collected.

Community Investment

HB2217 HD2 SD1 (Workforce Development) authorizes DLIR to establish working groups to identify high growth industries and workforce needs and to develop training programs.

HB2007 HD1 SD2 (Agriculture) appropriates funds to the Local and Immigrant Farmer Education Program of the University of Hawaii College of Tropical Agriculture and Human Resources Cooperative Extension Service to support the growth and sustainability of the agriculture industry.

HB2468 SD2 (Agriculture) authorizes DBEDT, in collaboration with DOA, to perform studies and analysis relating to: (1) Establishing facilities on the island of Hawaii for quarantine inspection and treatment and handling imported and exported commodities; and (2) Implementation of designated foreign-trade zone sites. Creates an agricultural technology park under the HTDC.

HB2169 HD1 (Tourism) provides an incentive for the private sector to invest in hotel and resort construction and renovation.

HB2371 HD1 SD1 (Tax relief) reduces the tax burden on the lowest income residents of the State by amending the amount and threshold of the refundable food/excise tax credit and income tax credit for low-income household renters, and creates a new low-income tax credit and earned income tax credit.

HB1934 HD1 SD2 (Homelessness) appropriates funds to various programs that provided housing, housing assistance, and supportive services to individuals at risk of or experiencing homelessness.

Other Notables

HB1667 HD3 SD2 (Veterans) provides qualifying totally and permanently disabled veterans an exemption of one-half of the state vehicle registration fee, rounded up to the nearest dollar. Requires the Office of Veterans’ Services to report the number of qualifying veterans to the Legislature and Department of Taxation.

HB1926 HD1 SD1 (Crime) amends the offense of prostitution to clarify that a law enforcement officer shall not be exempt from the offense if the law enforcement officer engages in sexual penetration while acting in the course and scope of duties; and establish that a person less than eighteen years of age shall not be prosecuted for prostitution or promoting prostitution offenses if the person is charged with a first and only prostitution charge; provided that a person’s exemption shall not affect the prosecution of any other person for a prostitution or promoting prostitution offense. Amends the offense of solicitation of a minor for prostitution. Clarifies sentencing of repeat offenders and enhanced sentences for repeat violent and sexual offenders.

— Find out more:
www.capitol.hawaii.gov

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