On the eve of the close of the 2016 legislative session, the House today approved bills that address a wide range of issues, including the state budget, affordable housing, homelessness, seniors, taxation, agriculture, invasive species, the environment and sexual assault.
“These measures reflect the House’s concerted efforts to work closely and collaboratively with the Administration and the Senate to come up with sound and reasonable solutions to the state’s and our citizen’s needs,” said House Speaker Joseph M. Souki (Kahakuloa, Waihee, Waiehu, Puuohala, Wailuku, Waikapu). “We also crafted a cautious yet responsible budget that addresses our long-term obligations and immediate social services needs and capital improvement requirements.”
HB1700 HD1 SD1 CD1, the state budget bill, appropriates funds for operating and capital improvement costs of the Executive Branch for the supplemental year of the current biennium will now go to the Governor David Ige for his signature. The bill appropriates approximately $13.7 billion in general funds for FY2017, including more than $1.1 billion for capital improvement projects (CIP) funded by general obligation bonds and approximately $2.5 billion for CIPs funded by all other means of financing.
In crafting the budget, lawmakers provided funds for affordable housing, the state Department of Hawaiian Home Lands, Wahiawa General Hospital, Hawaii State Hospital, and to pay down unfunded liabilities for state retiree post-employment benefits.
Highlights of the measures passed today include:
AFFORDABLE HOUSING AND HOMELESSNESS
SB2833 SD2 HD2 CD1, which increases funding for affordable rental housing development by making the State Low-Income Housing Tax Credit more valuable. Reduces state tax credit period from 10 to five years.
HB2305 HD1 SD1 CD1, which authorizes the creation of Regional State Infrastructure Improvement Subaccounts within the Dwelling Unit Revolving Fund and the use of that fund to provide loans and grants to finance regional state infrastructure improvements in areas of planned growth.
SB2566 SD1 HD1 CD1, which provides capital for the development of affordable rental housing by transferring excess monies from the rental assistance revolving fund to the rental housing revolving fund.
SB2561 SD2 HD1 CD1, which establishes a goal of developing or vesting the development of at least 22,500 affordable rental housing units ready for occupancy between Jan. 1, 2017 and Dec. 31 2026. Establishes a temporary special action team on rental housing to make recommendations to the Governor, Legislature, and other parties to achieve this goal.
SB2559 SD1 HD1 CD1, which requires homeless shelter stipends to be paid for achievement of performance measures. Revises existing provisions on the establishment and collection of shelter and service payments from homeless families and individuals.
SB2560 SD2 HD1 CD1, which requires and appropriates $500,000 for the Department of Health to provide treatment and care for homeless individuals with serious and persistent mental health challenges to enable them to reside in a permanent dwelling or homeless facility.
SB3126 SD2 HD2 CD1, which provides $100 million for air conditioning, heat abatement and related energy efficiency measures at public schools.
HB1814 HD1 SD1 CD1, which appropriates funds for a full time position to provide training and track data on public school pupil punishment and use of restraints restrictions.
SB2731 SD1 HD1 CD1, which clarifies that developers of certain projects are subject to school impact fees, even when the Hawaii Housing Finance and Development Corporation or a corresponding county agency participates in the development of the projects. Provides that in urban Honolulu, fee in lieu funds may be used to purchase completed construction, construct new school facilities, improve or renovate existing structures for school use, or lease land or facilities for school use.
UNIVERSITY OF HAWAII
HB1608 HD1 SD1 CD1, which appropriates $750,000 for the UH Graduation Pathway System.
THE ENVIRONMENT AND INVASIVE SPECIES
HB2037 HD1 SD2 CD1, which appropriates $4 million for the Department of Land and Natural Resources to host the International Union for Conservation of Nature World Conservation Congress meeting at the Hawaii Convention Center on September 1-10, 2016.
HB2626 HD1 SD2 CD1, which prohibits the Department of Health from issuing a permit for a new underground fuel storage tank within 100 yards of the shoreline. Allows DOH to issue a permit to repair or replace existing underground fuel storage tanks. Allows permit holders for existing underground fuel storage tanks located within 100 yards of the shoreline to renew their permits. Prohibits operation of and renewal of a permit for an underground fuel storage tank within one hundred yards of the shoreline, beginning 1/1/2045.
HB2646 HD2 SD2 CD1, which creates a permanent fuel tank advisory committee to study, monitor, and address fuel tank leak issues.
SB2645 SD2 HD1 CD1, which requires the Commission on Water Resource Management to establish a program to provide technical assistance to the counties and public water systems to implement standardized water audits of public water systems.
HB1050 SD2 CD1, which mandates the Department of Agriculture to perform specified tasks to address the interisland spread of invasive species.
HB2772 HD1 SD2 CD1, which requires UH to train employees and students on sexual harassment, sexual assault, domestic violence, dating violence, and stalking policies, appoint a confidential advocate at each campus, designate all faculty members as responsible employees under Title IX, enter into memorandums of understanding with county police departments regarding reporting of sexual assault cases to the police, conduct a campus climate survey, and submit reports to the Legislature.
HB1902 HD2 SD1 CD1, which replaces the offense of promoting prostitution in the first degree with sex trafficking to be classified as a violent crime and a class A felony. Provides that the offense of prostitution by a person younger than 18 years is a violation and subject to the jurisdiction of the Family Court. Establishes a class C felony for the act of paying for sex in reckless disregard of the fact that the other person is a victim of sex trafficking.
SB2196 SD2 HD1 CD1, which establishes the law enforcement officer independent review board within the Department of the Attorney General to investigate incidents of officer-involved death.
HB1907 HD2 SD2 CD1, which requires all law enforcement agencies and departments charged with maintenance, storage, and preservation of sexual assault evidence collection kits to conduct an inventory of all stored kits and report to the Attorney General. Requires the Department of the Attorney General to report to the Legislature on the number of untested sexual assault evidence collection kits being stored, plans and procedures for the disposition of new and untested kits, and related information. Appropriates funds for testing of at least 500 kits.
SB2439 SD1 HD1 CD1, which establishes exceptions to the offense of obstructing government operations and the offense of violation of privacy in the second degree for a person making a video or audio recording or photograph of a law enforcement officer while the officer is in the performance of duties in a public place or under circumstances in which the officer has no reasonable expectation of privacy; provided that the officer may take reasonable action to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect the public safety and order.
HB2632 HD2 SD2 CD1, which requires firearms owners who have been disqualified from owning, possessing or controlling a firearm and ammunition due to a diagnosis of significant behavioral, emotional, or mental disorder, or due to emergency or involuntary hospitalization to a psychiatric facility, to immediately surrender their firearms and ammunition upon notice to the Chief of Police.
HB2391 HD2 SD2 CD1, which defines circumstances under which the director of Public Safety may release low level, nonviolent inmates from community correctional centers. Requires the director of Public Safety to submit a report to the Legislature regarding certain information regarding the early release of these inmates.
SB2630 SD1 HD1 CD1, which authorizes Hawaii Correctional Industries to sell inmate-made products and services on the open market to the general public. Repeals the prohibition of the sale of such products on the open market. Requires Department of Business, Economic Development, and Tourism to conduct a feasibility study on establishing a Reentry Academy for Training and Entrepreneurial Resources (RAFTER).
HB2605 HD1 SD2 CD1, which appropriates funds to establish, administer, and support job training and supportive services for individuals who are unemployed and dislocated due to the closure of Hawaiian Commercial & Sugar Company and the Makena Beach and Golf Resort on Maui.
HB2722 HD1 SD1 CD1, which creates a temporary program limited to Maui County to provide additional benefits to unemployed workers by extending their unemployment insurance benefits.
HB1739 HD2 SD1 CD1, which prohibits employers from requiring, requesting or coercing employees or potential employees to provide access to their personal social media accounts, subject to certain exemptions.
HB2707 HD1 SD2 CD1, which requires the Department of Health and licensed medical marijuana dispensaries to provide aggregated de-identified data to the Department of Business, Economic Development, and Tourism upon request. Amends various definitions and provisions relating to medical marijuana dispensary background checks, operations, paraphernalia, transport, and testing. Provides that advanced practice registered nurses may certify patients for medical marijuana use.
SB2392 SD2 HD3 CD1, which takes steps to reduce opioid-related overdoses by encouraging the use of opioid antagonists to assist individuals experiencing or at risk of experiencing an opioid-related drug overdose.
SB2557 SD2 HD1 CD1, which appropriates funds to develop and implement the concussion monitoring and education program for school athletics, administer concussion testing to high school student athletes, and implement a concussion awareness program for school athletics and youth athletics.
HB1897 HD1 SD1 CD1, which ensures that all insurers in the State, including health benefits plans, provide insurance coverage for annual screenings for sexually transmitted diseases, including screenings for human immunodeficiency virus and acquired immunodeficiency syndrome.
SB2384 SD1 HD1 CD1, which requires the Department of Health to conduct unannounced visits and inspections, including inspections for relicensing and recertification, for certain state-licensed or state-certified care facilities, and unannounced inspections for license renewals for medical marijuana production centers and dispensaries.
HB1878 HD1 SD2 CD1, which appropriates $1.7 million for Aging and Disability Resource Centers (ADRCs) and $32,000 for fall prevention and early detection services for the elderly. Requires the Executive Office on Aging to submit reports to the Legislature on its development of a system of evaluation to determine the effectiveness of the ADRCs in each county and its implementation of the federal No Wrong Door/ADRC network implementation grant it received.
HB2252 HD1 SD2 CD1, which requires hospitals to adopt and maintain written discharge policies consistent with recent updates to federal regulations to support families by enabling patients in inpatient hospitals to designate a caregiver prior to discharge from the facility, and allow the patient and the patient’s caregiver to participate in the discharge planning.
SB2076 SD2 HD1 CD1, which establishes the Durable Medical Equipment Supplier License Program for suppliers of durable medical equipment, prosthetics, orthotics, and related supplies through the Office of Health Care Assurance. Allows license fees to be deposited into the Office of Health Care Assurance Special Fund and amends the cap on amounts of the Special Fund that may be used per fiscal year.
HB1689 HD2 SD2 CD1, which establishes an organic foods production tax credit, making Hawaii one of the first state in the nation to do so, applicable to taxable years beginning after 12/31/2016. Sunsets 12/31/2021.
HB1982 SD1, which authorizes the issuance of special purpose revenue bonds to assist Big Island Dairy LLC with the operation of its dairy farm in Ookala.
SB2659 SD2 HD1 CD1, which establishes an Industrial Hemp Pilot Program to allow the cultivation of industrial hemp and distribution of its seed in Hawaii through limited activities by licensee-agents of the Board of Agriculture for purposes of agricultural or academic research.
HB1997 SD1 HD1 CD1, which implements the recommendation of the Hawaii Agriculture Workforce Advisory Board to create an Agriculture Workforce Development Pipeline Initiative Program to conduct training on all islands for teachers and school administrators in agricultural self-sufficiency.
HB2657 HD2 SD2 CD1, which amends the Molokai Diversified Agricultural Revolving Loan Program to provide cost reimbursements to Molokai farmers and ranchers to reimburse costs of mandated food safety compliance audits and other related costs.
HB1999 HD1 SD2 CD1, which establishes within the Livestock Revitalization Program a grant program for Qualified Feed Developers. Appropriates funds for the Feed Developer Grant Program and reimbursements to Qualified Producers for feed costs.
HB2086 HD2, which appropriates and deposits $37 million in general funds into the state highway fund as a subsidy. Requires the Governor to provide a plan to sustain the state highway fund.
SB2618 SD1 HD2 CD1, which requires the Department of Transportation to conduct a feasibility study of establishing an interisland and intra-island ferry system.
HB2049 HD2 SD2 CD1, which establishes the roads commission to make recommendations on the ownership of private roads. Adds roads, alleys, streets, ways, lanes, bikeways, and bridges to the list of public highways or public trails that can be dedicated or condemned.
HB260 HD1 SD1 CD1, which establishes motor vehicle insurance requirements for transportation network companies and transportation network company drivers to take effect on Sept. 1, 2016.
HB1736 HD1 SD2, which renames the Kona International Airport at Keahole as the Ellison Onizuka Kona International Airport at Keahole.
LAND AND NATURAL RESOURCES
HB2604 HD1 SD1 CD1, which clarifies that acceptance by the Territorial Legislature or the Legislature of a dedication of land in the Kakaako Community Development District by a private owner is sufficient to convey title to the State.
HB1581 HD2 SD2 CD1, which requires decisions in contested case hearings of the Commission on Water Resource Management, Land Use Commission, Public Utilities Commission, Hawaii Community Development Authority, and those involving conservation districts to be appealed directly to the Supreme Court, with certain exceptions.
HB2034 HD1 SD2 CD1, which appropriates funds to the Kaho`olawe Island Reserve Commission for restoration and preservation projects. Requires submission of a financial self-sufficiency and sustainability plan to the Legislature no later than 20 days prior to the 2017 Regular Session.
HB2569 HD2 SD1 CD1, which requires the Department of Education to establish a goal of becoming net-zero with respect to energy use by January 1, 2035, making Hawaii one the first in the nation to set such a goal for its public school system. Requires the DOE to expedite the cooling of all public school classrooms.
SB2652 SD2 HD2 CD1, which establishes a 5-year renewable fuels production tax credit applicable to taxable years beginning after Dec. 31, 2016. Repeals the ethanol facility tax credit.
MILITARY AND VETERANS AFFAIRS
HB2489 SD1 CD1, which appropriates funds for the establishment of a veterans services counselor IV position within the Office of Veterans’ Services to assist all veterans, with a primary focus on female veterans and for the Vietnam veterans 50th anniversary commemoration.
HB2317 HD1 SD1 CD1, which makes a general fund appropriation of $150 million for fiscal year 2016‑2017 to further capitalize the Emergency and Budget Reserve Fund (“Rainy Day” fund).
HB1850 HD1 SD3 CD1, which allows transient accommodations brokers to register as tax collection agents to collect and remit general excise and transient accommodations taxes on behalf of operators and plan managers using their services.
SB2987 SD2 HD2 CD1, which extends the annual $103 million allocation of Transient Accommodations Tax (TAT) revenues to the counties for fiscal year 2016-2017.
SB3084 SD1 HD2 CD1, which amends the cesspool upgrade, conversion, or connection income tax credit by making it available for cesspools within a tax map key area in which more than one residence is connected to a large-capacity cesspool.
SB2077 SD1 HD2 CD1, which authorizes Hawaii Health Systems Corp. employees facing position abolishment, reduction-in-force, or workforce restructuring to opt to receive either severance benefits or a special retirement benefit in lieu of exercising any reduction-in-force rights.
HB2008 HD2 SD2 CD1, which requires state departments and agencies to obtain approval from the governor for employment of temporary hires for periods of greater than two terms of 89 days for a position that is wholly funded by general funds.
Here are all bills passed by the Legislature this session (this report will be complete after all bills are sent to the governor.)