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Hawaii House Bills Passed on Final Reading

On the eve of the close of the 2017 legislative session, the House today approved 194 bills that address a wide range of issues, including the state budget, affordable housing, homelessness, kupuna care, taxation, agriculture, invasive species, and the environment. 

The House also approved the State Budget which now goes to Governor David Ige for his signature.

HB100 HD1SD1 CD1, the State Budget appropriates $14.1 billion in total operating funds for fiscal year 2018 and $14.3 billion for fiscal year 2019. The budget includes $2.9 billion for capital improvement projects (CIP) over the biennium which starts July 1.

The budget funds all state department’s programs and services; CIP includes renovations, repairs, and major maintenance to existing facilities and infrastructure; and grants in aid support worthy nonprofit organizations.

Major items include $77 million for a new East Kapolei Middle School and $63 million for a new Kihei High School; $1.8 million for the Hawaii Promise Program to help cover the unmet financial needs of community college students; and $23 million to acquire 500 acres of agriculture land in Central Oahu.

Among the bills passed to support our low-income families is HB209 HC1 SD1 CD1, which establishes a state earned income tax credit mirroring the federal earned income tax credit. This will help low-income workers to keep more of what they earn.

The bill permanently extends the higher rates of the refundable food/excise tax credit which makes it less costly for those in need to afford necessities like food. The bill balances the increase in tax credits by restoring a higher income tax rate on those making more than $300,000 per year.

Highlights of the measures passed today include:

AFFORDABLE HOUSING AND HOMELESSNESS

HB1179 HD2 SD2 CD1, allows the Hawaii Housing Finance and Development Corporation to exempt certain affordable rental housing projects from general excise tax and use tax costs.

HB83 HD1 SD2 CD1, requires the Hawaii Interagency Council on Homelessness, in conjunction with the Department of Human Services and Department of Land and Natural Resources to establish a working group to examine and develop recommendations to the establish safe zones for persons experiencing homelessness.

HB375 HD1 SD1 CD1, appropriates a $1 million matching fund for the Hawaii Tourism Authority, working in conjunction with the Hawaii Lodging and Tourism Association for projects to address homelessness in tourist and resort areas.

EDUCATION

HB916 HD1 SD2 CD1, makes an appropriation for the health care provider loan repayment program administered through the John A. Burns School of Medicine.

SB423 SD1 HD1 CD1, prohibits denying a student a meal for failure to pay within: (1) The first 21 days of the first semester of a school year while the student’s application for free or reduced lunch is being processed; or (2) seven days after the student’s meal fund account balance is zero or negative.

THE ENVIRONMENT AND INVASIVE SPECIES

HB655 HD1 SD1 CD1, appropriates funds to the Department of Land and Natural Resources to assist and provide supplemental funds to the National Wildlife Research Center of the U.S. Department of Agriculture to research the adverse effects of the rose-ringed parakeet on Kauai and develop and begin implementation of a control plan to reduce the negative impacts.

HB606 HD1 SD2 CD1, authorizes the counties, through their employees or authorized agents, to enter private property to control or eradicate invasive species and pests.

SB1240 SD2 HD1 CD1, requires the Department of Land and Natural Resources to submit proposed legislation with a definition of sustainable collection practices of near shore aquatic life, a process for determining limits on collection practices of near shore aquatic life, and any additional resources required by the department. Prohibits issuance of new aquarium permits. Prohibits transfer of current permits subject to certain provisions. Prohibits renewal of permits that have not been renewed for five or more years.

PUBLIC SAFETY

HB 459 HD1 SD1 CD1, in the event an application for a firearm is rejected because the applicant is prohibited from owning a firearm or subject to a restraining order, the police department is required to notify the court, prosecutor and director of public safety.

HB478 HD1 SD1 CD1, enables the expansion of successful inmate-operated farms at the Kulani (Hawaii Island) and Waiawa (Oahu) correctional facilities.  Provides $50,000 for hiring a farm manager and $50,000 for farming equipment at each facility.

HB845 HD2 SD2 CD1, requires the Department of Public Safety to offer inmates the opportunity to obtain identification information, such as Social Security cards and birth certificates, at least 90 days prior to their release on furlough. This will enable them to more easily apply for employment.  Allots $25,000 for costs.

HB1135 HD1 SD2 CD1, enables crime victims to more easily obtain court-ordered restitution from offenders by allowing judges to order the forfeiture of cash deposited for bail or bonds, or the withholding of state income tax refunds. The measure also makes permanent several Justice Reinvestment Act initiatives to reduce recidivism and promote public safety.

SB718 SD1 HD1 CD1, enacts the Community Court Outreach Project to help deal with nonviolent, non-felony offenders by sentencing them to community service or directing them to drug abuse or mental health programs.

SB655 SD2 HD1 CD1, allows news media access into emergency zones with approval of emergency management authorities.

HB1501 HD2 SD1 CD1, reclassifies drug paraphernalia possession and delivery offenses from felonies to violations subject to a fine of no more than $500.

HB1246 HD2SD2 CD1, authorizes electronic monitoring and surveillance of offenders in programs that offer alternatives to incarceration.

SB895 SD1 HD2 CD1, establishes the offense of criminal trespass onto state lands to the penal code. Amends the offense of criminal trespass in the second degree to apply to government agricultural property regardless of whether it is fenced, enclosed, or otherwise secure.

HB554 HD1 SD2 CD1, authorizes and establishes criteria for administrative orders to provide inpatient psychiatric treatment to an involuntarily committed patient over the patient’s objection. Requires Department of Health and Department of Public Safety to make recommendations for an administrative process applicable to persons subject to DPS jurisdiction.

HB306 HD2 SD2 CD1, authorizes the fitting of a continuous alcohol monitoring device on persons charged for operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant if the person: (1) Is a repeat intoxicated driver; or (2) Is currently awaiting a 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.

KUPUNA

HB1396 HD2 SD2 CD1, known as the “Kawamoto Bill,” authorizes the Department of Health, working in consultation with the Department of Human Services, to allow two private-pay individuals to be cared for in the same community care foster family home after consideration of specified relevant factor.

HB615 HD1 SD1 CD1, appropriates funds for the Healthy Aging Partnership Program to further the program’s important role in improving the health and well-being of Hawaii’s kupuna

HB607 HD1 SD2 CD1, authorizes 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. Hawaii is the only state to offer this program.

HEALTH

HB213 HD1 SD1 CD1, permits an employee to take family leave in order to care for the employee’s sibling with a serious health condition.

HB561 HD2 SD1 CD1, known as “Finley’s Law,” this bill requires dentists who administer anesthesia or sedation to post contact information to verify licensure and authorization to administer anesthesia and sedation. Specifies requirements, including inspections, for written authorization or permit to administer anesthesia or sedation.

SB505 SD1 HD2 CD1, requires prescribing healthcare providers to adopt and maintain policies for informed consent to opioid therapy in circumstances that carry elevated risk of dependency. Establishes limits for concurrent opioid and benzodiazepine prescriptions. Clarifies Board of Nursing authority to enforce compliance with Uniform Controlled Substances Act.

SB513 SD1 HD2 CD1, authorizes pharmacists to prescribe and dispense self-administered hormonal contraceptive supplies to patients regardless of a previous prescription, subject to specified education and procedural requirements. Enables pharmacists to be reimbursed for prescribing and dispensing contraceptive supplies.

HB552 HD1 SD2 CD2, establishes the Affordable Health Insurance Working Group to plan for and mitigate adverse effects of the potential repeal of the federal Affordable Care Act by Congress.

SB501 SD1 HD2 CD1, requires all limited service pregnancy centers to disclose the availability of and enrollment information for reproductive health services.

HB1488 HD1 SD1 CD1, adds additional qualifying medical conditions for medical marijuana patients and permits possession of additional plants. Amends requirements for and access to testing. Extends deadlines related to implementation of the dispensary system. Amends security, information tracking, and access requirements for licensed facilities. Clarifies DOH regulatory authority. Authorizes additional retail dispensing locations and plants for existing licensees. Requires DOH to report to Legislative Oversight Working Group.

AGRICULTURE

HB2 HD2 SD1 CD1, authorizes tiny homes of less than 500 square feet for farm workers in agricultural districts in a county with a population of more than 180,000 but less than 250,000. County councils may adopt ordinances for the oversight of tiny homes, as defined in this act.

HB453 HD1 SD1 CD1, requires the Department of Agriculture to provide grants to farmers to assist them in paying for the costs of compliance with the FDA Food Safety Modernization Act, FDA regulations, and state food safety laws.

HB186 HD1 SD2 CD1, extends the subsidy offered to coffee farmers who purchase Beauveria bassiana products to combat the Coffee Berry Borer Beetle. This will support greater yields and a higher-quality, more valuable product.

HB1475 HD2 SD2 CD1, will broaden commercial operations permitted on agricultural land and allow farmers markets and food hubs on ag land. The bill will allow on-farm sales of produce and value-added products, a critical source of additional income for farmers.

SB773 SD2 HD1 CD1, amends the Industrial Hemp Pilot Program by restricting cultivation of industrial hemp under the pilot project to agricultural lands and requires counties to recognize it as an agricultural product, use, or activity. Allows license applications year-round.

TRANSPORTATION

HB727 HD1 SD2 CD1, authorizes the Department of Transportation to allow motorcycles and motor scooters on shoulder lanes, as determined by the department, in times of traffic congestion.

HB115 HD1 SD1 CD1, Requires each county with a population of more than 500,000 to take ownership and jurisdiction over all disputed roads under certain circumstances. Defines disputed roads.

HAWAIIAN AFFAIRS

HB451 HD1 SD2 CD1, reduces the minimum Hawaiian blood quantum requirement of certain successors to lessees of Hawaiian home lands from one-quarter to one thirty-second. Requires Congressional approval.

ENERGY

HB957 HD1 SD2 CD1, authorizes the Department of Education to borrow moneys interest-free from the Hawaii Green Infrastructure Loan Program for heat abatement measures at public schools.

MILITARY AND VETERANS AFFAIRS

HB942 HD1 SD1 CD1, authorizes the State Foundation on Culture and the Arts to commission an artist to design and build a monument to honor and commemorate Filipino veterans of World War II, with all costs to be expended from the Works of Art Special Fund.

HB1420 HD1 SD1 CD1, appropriates funds for burial grants for qualifying Filipino-American veterans to provide funeral and burial services and transportation of their remains to the Philippines.

OTHERS

HB1516 HD1 SD1 CD1, permits duly incorporated humane societies and duly incorporated societies for the prevention of cruelty to animals to petition for full custody of an impounded pet animal or equine animal prior to the filing of certain criminal charges against the owner or custodian of the animal. Allows a pet or equine animal to be destroyed by the petitioner prior to final disposition of certain criminal charges if the pet or equine animal is a danger to itself or others. Clarifies that an acquittal or dismissal in a criminal proceeding does not preclude civil proceedings under animal cruelty offenses.

SB119 SD1 HD1 CD1, establishes a cap of 8 percent on late rent payment fees, applicable to all new rental agreements and rental agreement renewals entered into on or after the effective date of this measure. Effective November 1, 2017.

SB369 SD1 HD1 CD1, prohibits associations of apartment owners, boards of directors, managing agents, resident managers, unit owners, and persons acting on behalf of associations or unit owners from retaliating against a unit owner, board member, managing agent, resident manager, or association employee who files a complaint; acts in furtherance of a complaint, report, or investigation of an alleged violation of the state’s condominium laws or a condominium’s governing documents; or exercises or attempts to exercise any right as a unit owner.

SB207 SD2 HD2 CD1, authorizes the expenditure of general funds for a one-time lump sum cash bonus severance benefit to affected Maui region hospital employees.

Here are all bills passed by the Legislature this session (this report will be complete after all bills are sent to the governor).

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