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Hawaii Senate Forwards 384 Bills Pass on Third Reading

Hawai‘i State Senators today approved 318 bills on third reading. Sixty-six bills were approved earlier on third reading for a total of 384 measures that have been transmitted to the House for consideration.

The bills align with the 2017 Senate Legislative Program the Senate Majority recognized as priorities ahead of session convening.

“Before the start of the legislative session, Senators worked collaboratively to set out and establish the top concerns for each of our districts and for the State.  The Legislative Program provides a directive of how to move forward to achieve our initiatives that will improve the quality of life in our communities and our state,” said Senate Majority Leader J. Kalani English. “Many of these principals are embedded in the bills being transmitted to the House.”

The following are a few of the measures to pass on third reading:

Ola Lehulehu (People and Communities)

Affordability

S.B. No. 964, S.D. 1 Establishes that emergency shelters may provide partitioned space for homeless persons or families based upon guidelines determined by the department of human services. Extends the effective date for Act 234, Session Laws of Hawai‘i 2016, by one year.

S.B. No. 1244, S.D. 2  Authorizes qualified nonprofit housing trusts to repurchase affordable units developed with government assistance when a government entity waives its first right of refusal to repurchase the unit. Authorizes counties to waive a first right of refusal to repurchase a privately-developed affordable housing unit built pursuant to a unilateral agreement or similar instrument.

S.B. No. 912, S.D. 2 Expands the Down Payment Loan Program to provide greater assistance for eligible borrowers to become first-time homebuyers.

S.B. No. 2, S.D. 2 Requires the auditor to conduct a study to assess the impact of using medicaid funds to provide coverage for the treatment for homelessness. Requires the auditor to submit a report to the legislature.

Education

S.B. No. 683, S.D. 2 Proposes amendments to the Constitution of the State of Hawai‘i to advance the State’s goal of providing a public education for the children of Hawai‘i by authorizing the legislature to establish, as provided by law, a surcharge on residential investment property and visitor accommodations.

S.B. No. 686, S.D. 2  Establishes an education surcharge on residential investment properties and visitor accommodations for the purpose of funding public education.

S.B. No. 500, S.D. 2 Establishes the R.E.A.C.H (resources for enrichment, athletics, culture, and health) program in the Department of Education’s community engagement office to provide a standardized framework and funding for after-school programs in public middle and intermediate schools. Requires the community engagement office to report to the legislature. Establishes that the R.E.A.C.H. program will be run by a program specialist to be appointed by the governor. Establishes a special fund to receive fees and other moneys to supplement the costs of administering and operating the R.E.A.C.H. program.

Social Services

S.B. No. 534, S.D. 2  Requires the executive office on aging to establish the kupuna caregivers program to assist community members in obtaining care for elders while remaining in the workforce. Makes establishment of the kupuna care program mandatory rather than discretionary. Clarifies the kupuna service and support options provided by area agencies on aging within the kupuna care program. Appropriates funds for establishing and implementing the kupuna caregivers program.

Health Care

S.B. No. 1129, S.D. 2 Establishes a medical aid in dying act that establishes a regulatory process under which an adult resident of the State with a medically confirmed terminal disease may obtain a prescription for medication to be self-administered to end the patient’s life.

S.B. No. 384, S.D. 2 Authorizes and establishes procedures and criteria for prescriptive authority for clinical psychologists who meet specific education, training, and registration requirements, including requiring prescribing psychologists to adhere to all applicable statutory regulations. Requires the board of psychology to report to the legislature prior to the regular session of 2021.

S.B. No. 347, S.D. 1 Appropriates funds for establishing, staffing, and operating two mobile clinics to serve the homeless population.

S.B. No. 1312, S.D. 2  Establishes the board of midwifery to regulate the practice of midwifery by certified midwives and certified professional midwives. Requires licensing of certified midwives and certified professional midwives to commence beginning on July 1, 2020. Requires the department of commerce and consumer affairs to convene a working group of interested stakeholders and submit a report to the legislature.

S.B. No. 380 Permits licensed dental hygienists in the State to operate under general, rather than direct, supervision of a licensed dentist.

S.B. No. 510, S.D. 2  Formally establishes the Hawai‘i keiki healthy and ready to learn program within the Department of Education. Establishes a special fund and appropriates moneys to expand and sustain the program and for an evidence-based vision screening tool. Appropriates funds to establish school health service coordinator positions in DOH and DHS.

Food Security

S.B. No. 624, SD2  Requires the Department of Agriculture, in cooperation with the office of the Governor, to develop a strategic plan to double local food production and exports by 2020. Requires the Department of Agriculture to submit the strategic plan to the legislature prior to the regular session of 2018 in order to codify the strategic plan and benchmarks. Makes an appropriation.

Aloha Kaiāulu Ho‘oulu (Preparedness)

Community Development

S.B. No. 640, S.D. 2  Establishes a model project at a location selected by DLNR to designate areas for planting and growing coconut trees for Hawaiian traditional and customary gathering practices. Appropriates funds for the model project.

S.B. No. 1200, S.D. 2  Appropriates funds to the department of accounting and general services to create a master plan and environmental impact statement for the construction of a new Aloha Stadium.

S.B. No. 1148, S.D. 2  Appropriates moneys for the executive director of the Hawai‘i Community Development Authority to conduct a feasibility study regarding: (1) the Hawai‘i Community Development Authority assuming the role of planning, developing, and redeveloping all state-owned lands, except lands administered by the Hawai‘i public housing authority, within one mile of the Honolulu rail transit system; and (2) creating a new community development district along the Honolulu rail corridor. Requires report to legislature.

S.B. No. 1183, S.D. 2  Repeals the requirement that 10% of revenues from the county surcharge on state tax be withheld to reimburse the State for administrative costs. Sunsets if an ordinance that allows the capital costs of a rapid transportation system to be paid from county funds is not enacted before December 31, 2017. Requires the mayor of the county to submit certain plans with respect to the rapid transportation system.

S.B. No. 767, S.D. 2  Establishes the high-growth grant program and special fund to provide grants to qualified businesses for certain business development activities. Makes appropriations.

Government Services

S.B. No. 334, S.D. 2 Enacts voting by mail uniformly across all counties for all elections commencing in 2020. Establishes a limited number of voter service centers that would remain open from the tenth business day preceding an election through the day of the election to receive personal delivery of mail-in ballots, accommodate voters with special needs, offer same day registration and voting, and provide other election services. Allows for additional places of deposit for personal delivery of mail-in ballots. Appropriates funds for the implementation and administration of the election by mail program.

S.B. No. 655, S.D. 2  Allows the news media, under certain conditions, to access areas that are closed pursuant to emergency management powers of the governor and mayor. Limits the liability of the State and counties. Specifies that the State, counties, and emergency management authority are not responsible for providing logistical support to media accessing emergency areas.

S.B. No. 511, S.D. 2  Requires DHS to publish reports of child care facility inspections beginning on 1/1/2018, and complaint investigations on DHS’s website. Creates an oversight committee for implementation of and compliance with publication requirements. Requires annual reporting to the Legislature. Makes an appropriation.

S.B. No. 21, S.D. 2  Increases monetary penalties for violating the laws relating to child care facilities. Authorizes the Department of Human Services to refer to the attorney general or respective county prosecutor any intentional, knowing, or reckless violation of the laws relating to child care facilities or certain criminal offenses.

S.B. No. 522, S.D. 1 Strengthens the safe sleep policy for child care facilities for children less than one year of age, including requiring placement of children on their backs for sleeping and establishing notice and annual training requirements; requires such facilities to report death of a child, employee, or household member, within one day of occurrence, to DHS.

Financial Analysis

S.B. No. 1290, S.D. 2  Repeals the requirement that a certain amount of the allocation of transient accommodations tax revenues to the tourism special fund be used for the development and implementation of initiatives to take advantage of expanded visa programs and increased travel opportunities for international visitors to Hawai‘i. Increases the allocation to the counties from $93,000,000 to $108,000,000 for fiscal years beginning after 6/30/2017.

S.B. No. 382, S.D. 2 Makes various updates to the structure and operations of the public utilities commission to increase efficiency and effectiveness, including: establishing guiding principles; establishing docket review and decision-making processes; permitting teleconference and videoconference abilities; specifying senior staff members who must file public financial disclosures; beginning 01/01/18, increasing the number of commissioners to five; updating the composition of the commission; specifying training requirements; clarifying commissioners’ ability to appoint and employ staff; clarifying the roles of the executive officer and chief counsel; permitting neighbor island members to receive per diem compensation and compensation for travel expenses; requiring the commission to report to the legislature regarding certain staff duties; and requiring a management audit of the commission.

Aloha Honua (Climate Change and Energy)

Environment

S.B. No. 1150, S.D. 2 Prohibits the use or application of sunscreen, sunblock, or cosmetic containing oxybenzone while on a beach or in the ocean unless the sunscreen, sunblock, or cosmetic is a prescription drug.

S.B. No. 700, S.D. 1 Amends the offense of cruelty to animals in the first degree to include indigenous birds.

S.B. No. 1239, S.D. 1 Appropriates funds for research on prevention and mitigation of Rapid Ohia Death.

Sustainability

S.B. No. 352, S.D. 1 Appropriates moneys to and from the agricultural loan revolving fund.

S.B. No. 803, S.D. 2 Establishes an income tax credit to assist farmers with expenses associated with compliance with the Food Safety Modernization Act. Establishes the Food Safety Modernization Act special fund.

S.B. No. 612, S.D. 2 Repeals language requiring documentation of animal feed development costs to be effective for feed development costs incurred after July 1, 2016. Appropriates unspecified funds to the Department of Agriculture for the feed developer grant program and reimbursements to qualified producers for feed costs.

S.B. No. 559, S.D. 1 Enacts relevant provisions of the Paris Agreement as Hawai‘i state law. Requires annual reports. Makes an appropriation.

Pono Kaulike (Transforming Justice)

Rehabilitation

S.B. No. 1039, S.D. 2  Requires PSD to work with the Social Security Administration to enter into an agreement to obtain replacement social security cards for inmates. Requires PSD, in conjunction with DOH, DOT, and the examiner of drivers of each county, to provide Hawaii-born inmates with copies of birth certificates and driver’s licenses or civil ID cards free of charge. Requires PSD to assist inmates born outside of Hawai‘i to obtain birth certificates and photo IDs. Requires PSD to initiate the process of obtaining social security cards, birth certificates, driver’s licenses, and civil ID cards at least ninety days prior to release for inmates released to work furlough, extended furlough, or community placement programs.

Public safety

S.B. No. 221, S.D. 2 Establishes the photo red light imaging detector systems program. Authorizes counties to administer the program. Requires proceeds of fines to be expended in the county from which they were collected for operation of the program. Makes an appropriation. Establishes Red Light Running Committee.

S.B. No. 518, S.D. 2 Requires barber, beauty operator, and instructor licensees under the board of barbering and cosmetology to complete a one-time, three-hour training program on intimate partner violence awareness and education.

S.B. No. 664 Increases fines for persons who commit the offense of driving a motor vehicle at an excessive speed.

S.B. No. 421, S.D. 2  Establishes requirements for body-worn cameras for law enforcement officers. Establishes policy guidelines for the use and discontinuance of use of body-worn cameras by law enforcement officers. Establishes certain restrictions on the use of body-worn cameras by on-duty law enforcement officers. Adds retention and deletion requirements for body-worn camera footage. Prohibits certain uses of body-worn camera video footage. Establishes violations of recording and retention requirements. Appropriates funds as a grant-in-aid to each county for the purchase of body-worn video cameras; provided that no funds appropriated to a county shall be expended unless matched dollar-for-dollar by the county. Requires the county police departments to report costs of implementing and maintaining the body-worn camera program to the legislature.

S.B. No. 424, S.D. 1 Requires police departments to disclose to the Legislature the identity of an officer upon the officer’s discharge or second suspension in a five-year period. Requires disclosure of certain information under the Uniform Information Practices Act after a police officer’s second suspension in a five-year period.

S.B. No. 261, S.D. 1  Prohibits smoking in a motor vehicle in which a person under the age of eighteen is present. Requires the Department of Health to report on the enforceability of this Act and coordination of related data collection activities of the respective law enforcement agencies.

S.B. No. 494, S.D. 2  Requires persons charged with operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant to be fitted with a continuous alcohol monitoring device if the person: (1) has a prior conviction for operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant within the past five years; or (2) is currently pending criminal investigation or prosecution for one or more prior charges of operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant. Establishes a process for certain persons to receive financial relief for the cost of the monitoring devices.

S.B. No. 898, S.D. 2  Allows law enforcement to seize and retain firearms or ammunition owned, possessed, or controlled by a person who poses a serious risk of violence or harm to public safety, pursuant to court order.

A complete list of bills passed by the Senate to date is available at www.capitol.hawaii.gov.

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