Hawaii State Legislature
2009 Notice of Veto
Proclamations giving notice of Governor’s plan to return bills with objections
   
Measure Text pdfRelated GMMeasure StatusCurrent StatusIntroducer(s)Current ReferralCompanion
HB31 SD1 CD1
Employment; Credit History Prohibited
RELATING TO EMPLOYMENT PRACTICES.
Establishes employer's use of individual's credit history in hiring and termination decisions as an unlawful discriminatory practice; provided that the individual's credit information directly relates to a bona fide occupational qualification and that employers expressly permitted to inquire into credit history for employment purposes pursuant to any federal or state law, managerial and supervisory employees, and certain financial institutions are exempt. Takes effect July 1, 2009. (HB31 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 1 on 07-15-09. M. OSHIRO LAB, CPC, JUD
HB36 HD1 SD2 CD1
Sanitation
RELATING TO HEALTH.
Changes the name of the Environmental Health Education Fund to the Sanitation and Environmental Health Fund and allows the Fund to be used for sanitation program activities. (HB36 CD1)
(S ) 7/10/2009 - Vetoed on 07-10-09 - Returned from the Governor without approval (Gov. Msg. No. 798). M. OSHIRO ENE, WAM
HB128 HD1 SD1 CD2
Elections; Campaign Financing
RELATING TO ELECTIONS.
Organizes, clarifies, updates, and recodifies campaign finance laws. Restricts limitation on contributions by contractors with the state to contributions by non-bid contractors only. Increases percentage limit on contributions by non-residents from 20% to 30%. Allows for pro-rata attribution of contributions by partnerships and limited liability companies. Allows campaign funds to be used for donations to public schools or public libraries, subject to limitations. (HB128 CD2)
(S ) 7/15/2009 - Veto overridden - 2/3's vote: Ayes, 22; Aye(s) with reservations: none . Noes, 3 (Senator(s) Hemmings, Ihara, Slom). Excused, 0 (none). B. OSHIRO, KARAMATSU JGO
HB183 HD1 SD2 CD1
Hawaii Teacher Standards Board
RELATING TO EDUCATION.
Increases the membership on the Hawaii Teacher Standards Board. Allows HTSB to employ an executive director for a term of up to four years, who shall be appointed by BOE, and also allow HTSB to terminate the executive director's contract for cause. Requires HTSB to submit its annual report to BOE. Authorizes HTSB to determine the manner in which licensing fees are collected. Authorizes HTSB to adopt, amend, repeal, or suspend its policies and standards. Authorizes HTSB to grant additional licensing extensions through June 30, 2010. Makes permanent HTSB's authority to temporarily suspend its rules in extenuating circumstances. Makes permanent HTSB's authority to amend licensing-related fees and set or amend other charges related to the performance of HTSB's duties. Requires HTSB, DOE, and the Charter School Administrative Office to implement interim policies and procedures for the mutual sharing of data necessary for licensing and verifying the status of teachers. Develops specific recommendations to address the concerns raised in auditor's Report No. 09-05 regarding HTSB's accountability structure. (HB183 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 2 on 07-15-09. TAKUMI EDH, WAM  SB142
HB343 HD1 SD2 CD1
Primary Health Care; Rural Areas
RELATING TO RURAL PRIMARY HEALTH CARE TRAINING.
Appropriates funds to develop a statewide rural primary health care training program and support the family medicine residency program of the University of Hawaii John A. Burns School of Medicine's Department of Family Medicine and Community Health. (HB343 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 3 on 07-15-09. CHANG, BERTRAM, CARROLL, CHONG, COFFMAN, EVANS, HANOHANO, HERKES, ITO, M. LEE, MAGAOAY, MCKELVEY, B. OSHIRO, SAGUM, SHIMABUKURO, TSUJI, Nakashima, Say, Souki, Takumi, Yamashita HLT, HED, FIN
HB358 HD1 SD1 CD1
Drug Court; Secure Treatment Facilities
RELATING TO DRUG TREATMENT.
Authorizes placement of certain offenders in secure drug treatment facilities. (HB358 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 4 on 07-15-09. CABANILLA, Keith-Agaran PSM, JGO
HB541 HD1 SD1 CD1
Civil Service Benefits; Department of Education
RELATING TO CIVIL SERVICE PERSONNEL.
Ensures that civil service benefits for Department of Education civil service employees are the same as those provided to civil service employees of other executive branch agencies until June 30, 2011. Requires a report to the Legislature if DOE has not established a separate civil service system by June 30, 2010. (HB541 CD1)
(H ) 7/15/2009 - Vetoed (Gov. Msg. No. 506). TAKUMI LBR/EDH, WAM
HB589 HD1 SD2 CD1
Renewable Energy Project; Subdivisions
RELATING TO RENEWABLE ENERGY FACILITIES.
Exempts leases and easements for renewable energy projects from subdivision requirements; defines "subdivision requirements"; requires agencies to accept instruments for recording and filing. Sunsets 7/1/2013. (HB589 CD1)
(H ) 7/7/2009 - Act 173, on 7/7/2009 (Gov. Msg. No. 481). ITO, CHANG, HAR, HERKES, THIELEN, Coffman, Morita, Sagum, Tokioka ENE/TIA, WTL
HB590 HD1 SD2 CD1
Renewable Energy Facility
RELATING TO RENEWABLE ENERGY FACILITIES.
Sets a time limit for the filing of the diligence report with the energy resources coordinator; allows the energy resources coordinator to deem a permit approved if no further action or processing is reported by the permitting agency within eighteen months of the completed application. (HB590 CD1)
(H ) 7/15/2009 - Vetoed (Gov. Msg. No. 507). ITO, CHANG, CHING, HAR, HERKES, THIELEN, TOKIOKA, Sagum ENE/TIA, JGO
HB690 HD2 SD2 CD1
Group Health Insurers; Small Business; Part-time Employees
RELATING TO INSURANCE.
Requires insurers that offer health care coverage to the regular employees of any group or association to offer the same coverage to part-time employees working a certain amount of hours per week and for a minimum length of time. Requires the insurance commissioner to submit a cost-benefit report to the legislature. (HB690 CD1)
(S ) 7/7/2009 - Vetoed on 07-06-09 - Returned from the Governor without approval (Gov. Msg. No. 792). YAMANE, NISHIMOTO, Herkes, Souki, Yamashita HTH/LBR, CPN
HB754 HD1 SD1 CD2
Hawaii Tourism Authority; Procurement; Tourism Emergency; TAT
RELATING TO THE HAWAII TOURISM AUTHORITY.
Requires convention center construction contracts to be subject to certain provisions of the procurement code. Transfers tourism research and statistics functions from the department of business, economic development, and tourism to the Hawaii tourism authority (HTA). Removes ex-officio members from the HTA Board and places them in an advisory group to HTA. Expands the scope of a tourism emergency. Provides additional funds to the tourism special fund for one fiscal year. Technical amendments. Effective on July 1, 2009. (CD2)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 5 on 07-15-09. MANAHAN, EVANS, KEITH-AGARAN, MIZUNO, SAY, TSUJI, YAMASHITA, Cabanilla TSM/WAM
HB952 HD1 SD2 CD1
Labor Unions; Private Sector
RELATING TO LABOR.
Certifies entities as exclusive representatives without an election where no other representatives are certified as the exclusive bargaining representatives for employers with an annual gross revenue of $5 million or more. Requires immediate collective bargaining between parties once entities are certified as exclusive representatives. Makes it a violation for an employer or employee to commit unfair or prohibited practices interfering with an employer's or employee's statutory rights or discriminating against an employer or an employee for exercising protected conduct, subject to a civil penalty of up to $10,000 per violation. Effective July 1, 2009. (HB952 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 6 on 07-15-09. TAKUMI, BELATTI, BROWER, C. LEE, M. LEE, LUKE, MIZUNO, MORITA, NAKASHIMA, SHIMABUKURO, WAKAI, Aquino, Awana, Berg, Bertram, Carroll, Chong, Coffman, Hanohano, Herkes, Karamatsu, Keith-Agaran, Magaoay, Manahan, McKelvey, Nishimoto, B. Oshiro, Rhoads, Sagum, Saiki, Souki, Tokioka, Tsuji, Wooley, Yamane LAB, EBM, FIN
HB975 HD1 SD1 CD1
Agricultural Water Systems; ADC
RELATING TO AGRICULTURAL WATER SYSTEMS.
Authorizes the Agribusiness Development Corporation to acquire agricultural water systems to provide water for irrigation of agricultural lands. Exempts agricultural water systems from the subdivision requirements of county ordinances, provided that no additional lots are created. Provides conveyance requirements for the property owner. (HB975 CD1)
(H ) 7/15/2009 - Vetoed (Gov. Msg. No. 509). M. OSHIRO WTL, WAM
HB982 HD3 SD1 CD1
Family Leave
RELATING TO FAMILY LEAVE.
Establishes a new data collection system for family leave. Appropriates $10,000 from the disability benefits special fund. Authorizes the use of these funds for the date system. (HB982 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 7 on 07-15-09. M. LEE, BELATTI, BERTRAM, BROWER, CHANG, CHONG, COFFMAN, EVANS, HANOHANO, HAR, ITO, KARAMATSU, LUKE, MAGAOAY, MIZUNO, MORITA, NAKASHIMA, NISHIMOTO, B. OSHIRO, M. OSHIRO, SHIMABUKURO, TSUJI, WAKAI, YAMANE, Aquino, Awana, Berg, Cabanilla, Carroll, Keith-Agaran, C. Lee, Manahan, Sagum, Say, Souki, Tokioka, Wooley LBR, WAM
HB986 HD1 SD1 CD1
Energy Efficiency and Environmental Standards; Public Schools
RELATING TO PUBLIC SCHOOL FACILITIES.
Requires construction and renovation of public school facilities to meet the Collaborative for High Performance Schools standards. Requires replacement of old portable buildings with high performance classrooms. Also requires prioritization of public school facilities projects in accordance with certain criteria. (HB986 CD1)
(S ) 7/10/2009 - Vetoed on 07-10-09 - Returned from the Governor without approval (Gov. Msg. No. 802). MORITA, AWANA, BELATTI, BERG, BERTRAM, BROWER, CARROLL, CHONG, COFFMAN, EVANS, HANOHANO, HAR, HERKES, KARAMATSU, C. LEE, M. LEE, LUKE, MAGAOAY, MANAHAN, MCKELVEY, MIZUNO, NAKASHIMA, NISHIMOTO, B. OSHIRO, M. OSHIRO, RHOADS, SAIKI, TAKAI, TAKUMI, TSUJI, YAMASHITA, Aquino, Choy, Keith-Agaran, Say, Souki, Tokioka, Yamane EDH/ENE, WAM  SB745
HB989 HD1 SD2 CD1
Keiki Care
RELATING TO CHILDREN'S HEALTH CARE.
Amends the Act 236, Session Laws of Hawaii 2007, which established the Hawaii children's health care program, to extend the program to June 30, 2012, and require reporting to the Legislature prior to the 2010 and 2011 Regular Sessions. Appropriates $200,000 for each year of fiscal biennium 2009-2011. (HB989 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 8 on 07-15-09. YAMANE, AWANA, BELATTI, BERG, BROWER, CHONG, COFFMAN, EVANS, HANOHANO, HAR, HERKES, KEITH-AGARAN, C. LEE, LUKE, MAGAOAY, MANAHAN, MCKELVEY, MIZUNO, MORITA, NAKASHIMA, NISHIMOTO, B. OSHIRO, M. OSHIRO, RHOADS, SHIMABUKURO, TAKAI, TAKUMI, TOKIOKA, TSUJI, YAMASHITA, Aquino, Bertram, Karamatsu, M. Lee, Sagum, Saiki, Say, Souki HMS/HTH, WAM
HB1271 HD3 SD2 CD1
Food and Energy Security
RELATING TO GOVERNMENT.
Makes various amendments, establishes various initiatives, and appropriates funds to promote economic development for local food and energy businesses, ensure Hawaii is energy and food self-sufficient and sustainable to the maximum extent feasible, and help Hawaii's natural resources and humankind adapt and be resilient to the inevitable challenges brought on by climate change. (HB1271 CD1
(H ) 7/15/2009 - Vetoed (Gov. Msg. No. 510). MORITA, NISHIMOTO, B. OSHIRO, THIELEN, Evans, Tsuji WTL/ENE/EDT, WAM
HB1316 HD2 SD1 CD1
Joint Tortfeasors; Design Professionals
RELATING TO TORTS.
Clarifies the joint and several liability for design professionals in tort claims relating to the design, construction, and maintenance of public highways. (HB1316 CD1)
(H ) 7/16/2009 - Became law without the Governor's signature, Act 179, 7/15/2009, (Gov. Msg. No. 536). KARAMATSU CPN, JGO
HB1379 HD2 SD2 CD1
Physician Orders for Life-Sustaining Treatment
RELATING TO PHYSICIAN ORDERS FOR LIFE SUSTAINING TREATMENT.
Creates a process for a patient to direct end-of-life treatment in a standardized physician orders for life-sustaining form. (HB1379 CD1)
(H ) 7/16/2009 - Became law without the Governor's signature, Act 186, 7/15/2009, (Gov. Msg. No. 543). M. LEE, CABANILLA, KARAMATSU, C. LEE, LUKE, MORITA, RHOADS, Brower, Evans HLT, JUD, FIN  SB516
HB1405 HD2 SD2 CD1
General Excise Tax; Definition of Engaging in Business; Out-of-State Business; Nexus Standard
RELATING TO THE GENERAL EXCISE TAX.
Amends the definition of engaging in business under section 237-2, HRS (general excise tax), to include persons who enter into an agreement with residents of the State where the person pays a commission for referral of potential customers. Creates a nexus standard for taxing out-of-state businesses on their business activities in Hawaii. (CD1)
(H ) 7/1/2009 - Vetoed (Gov. Msg. No. 470). CHOY FIN
HB1470 HD1 SD1 CD1
Procurement Code Exemption; Sole Source; Federal Government
RELATING TO HAWAII PUBLIC PROCUREMENT CODE.
Exempts GSA-approved sole source vendors from procurement code; increases small purchases limit; increases the Hawaii products preference and allows Hawaii products self-certification; imposes time limits on rendering administrative and judicial review decisions; limits protests to those that are a minimum percentage of the contract value; requires posting of a protest bond, to be forfeited if the protesting party does not prevail. (HB1470 CD1)
(H ) 7/13/2009 - Act 175, on 7/13/2009 (Gov. Msg. No. 493). MANAHAN, KEITH-AGARAN, MCKELVEY, MIZUNO, Brower, M. Lee, Luke, Souki JGO
HB1471 HD2 SD1 CD1
Safe Food Certification; Pilot Program
RELATING TO FARMS.
Establishes a pilot program within the Department of Agriculture to encourage farmers to form agricultural cooperatives, coordinate purchasing agreements between the agricultural cooperatives and hotels, restaurants, and other buyers in the visitor and hospitality industries, and develop and implement safe food certification for products under the pilot program. Appropriates funds. (HB1471 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 9 on 07-15-09. MANAHAN, MAGAOAY, SAY, TSUJI, YAMANE WTL, WAM
HB1479 HD2 SD1 CD1
Little Davis Bacon Act; Fringe Benefits; Department of Labor and Industrial Relations
RELATING TO LABOR.
Requires the department of labor and industrial relations to include in certified payroll records a fringe benefit reporting form, on which contractors and subcontractors itemize the cost of fringe benefits paid to both union and non-union laborers who perform work for the construction, alteration, or repair of public buildings and public works. Allows for any certified form containing fringe benefit reporting requirements to be submitted in lieu of a form supplied by the department of labor and industrial relations. Effective 10/1/2009. (HB1479 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 10 on 07-15-09. NAKASHIMA, CHANG, HANOHANO, MAGAOAY, MANAHAN, Aquino, Awana, Rhoads, Souki, Tokioka, Yamashita LBR, JGO
HB1504 HD1 SD2 CD1
Universal Health Care; Hawaii Health Authority
RELATING TO HEALTH.
Creates the Hawaii Health Authority to develop a comprehensive plan to provide universal health care in Hawaii. (HB1504 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 11 on 07-15-09. M. OSHIRO, M. LEE, MIZUNO, YAMANE HLT, CPC, FIN
HB1525 HD1 SD2 CD1
Medicaid; Contracts; Health and Human Services
RELATING TO MEDICAID.
Requires the department of human services to include specified reporting requirements in all medicaid healthcare insurance plan contracts. (HB1525 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 12 on 07-15-09. MIZUNO, BROWER HUS/HLT, JUD, FIN
HB1538 HD1 SD1
Health; Environment; Cleaning Products; Public Schools
RELATING TO ENVIRONMENTALLY-SENSITIVE PRODUCTS.
Requires the department of education to give first preference to Green Seal approved environmentally-sensitive cleaning and maintenance products for use in public schools; requires the department of health to maintain a list of Green Seal program approved products. (SD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 13 on 07-15-09. NISHIMOTO, BELATTI, BROWER, CARROLL, HANOHANO, ITO, KARAMATSU, C. LEE, LUKE, MAGAOAY, MANAHAN, MCKELVEY, MIZUNO, MORITA, B. OSHIRO, M. OSHIRO, PINE, RHOADS, SAIKI, SHIMABUKURO, SOUKI, TAKAI, TSUJI, WAKAI, WOOLEY, YAMANE, Aquino, Bertram, Choy, Coffman, Evans, Har, Herkes, M. Lee, Nakashima, Sagum, Tokioka HTH/EDH
HB1544 HD1 SD1 CD1
Taxation; Exemptions; Phaseout
RELATING TO TAX EXEMPTIONS.
Conforms state tax exemptions to federal phaseout provisions under section 151(d)(3) of the IRC. Ties threshold to amounts in place in 2008. (HB1544 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 14 on 07-15-09. CHONG, YAMASHITA WAM
HB1550 HD2 SD1 CD1
Taxation; Deferred Compensation Plans; Annuity Plans
RELATING TO TAXATION.
Imposes the state income tax on rollovers made by employees of state and county agencies and tax-exempt organizations from qualifying annuity plans and qualifying deferred compensation plans, to eligible retirement plans or individual retirement accounts. Effective 7/1/2009. (HB1550 CD1)
(H ) 7/16/2009 - Became law without the Governor's signature, Act 181, 7/15/2009, (Gov. Msg. No. 538). CHONG, SAY, YAMASHITA WAM
HB1552 HD2 SD2 CD1
State Living Parks; Living Park Planning Council
RELATING TO PUBLIC LANDS.
Authorizes DLNR to issue long-term residential leases to qualified persons in state living parks. Establishes living park planning councils to develop state living park master plans to ensure the living park achieves its purpose and goals; establishes 2-year moratorium on evictions of residents of Kahana valley state park. (HB1552 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 15 on 07-15-09. WOOLEY WTL, WAM
HB1611 HD2 SD2 CD1
Fish; Meat; Labeling
RELATING TO LABELING OF MEAT AND FISH PRODUCTS.
Requires gas-treated fish and meat to be labeled as such. Requires the Department of Agriculture to post labeling requirements on its website. (HB1611 CD1)
(S ) 7/7/2009 - Vetoed on 07-06-09 - Returned from the Governor without approval (Gov. Msg. No. 793). SAY (BR) WTL, CPN
HB1676 HD1 SD2 CD1
Public Works; Special Purpose Revenue Bonds; Prevailing Wages
RELATING TO PUBLIC WORKS.
Requires that the collective bargaining agreement be submitted to the director of labor and industrial relations in order for the terms in the agreement to dictate the prevailing wages with regard to a project financed through the issuance of a special purpose revenue bond. Effective 07/01/2009. (HB1676 CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 16 on 07-15-09. B. OSHIRO LBR, WAM
HB1692 HD2 SD2 CD1
Low-income Housing; Rental Leases
RELATING TO HOUSING.
Requires the Hawaii public housing authority to: establish, beginning July 1, 2009, a pilot project in a state low-income housing project stipulating that no tenant in occupancy as of July 1, 2009 shall rent, lease, or occupy any dwelling unit for more than five consecutive years; and no new tenant shall rent, lease, or occupy any dwelling unit for more than seven consecutive years; exempt persons fifty-five years of age and older, persons with a mental or physical disability, or persons retired for medical reasons; allow family members and medically necessary personal care attendants to reside with persons exempt from the provisions; develop recommendations for a transition plan; establish a working group; report on the status of the pilot project to the 2010 and 2011 legislatures. (HB1692 CD1)
(H ) 7/13/2009 - Vetoed (Gov. Msg. No. 495). CABANILLA EDH, WAM
HB1809 HD2 SD1 CD1
Recycling; Televisions
RELATING TO RECYCLING.
Establishes a television recycling program in the state as a new part in chapter 339D, HRS. Revises the provisions applicable to violations regarding electronic devices to incorporate the new part into chapter 339D. Amends the title of chapter 339D to "Electronic Waste and Television Recycling and Recovery Act". Makes clarifying amendments to chapter 339D, HRS. Deletes the annual sales of specialized computers provision for manufacturers of electronic devices. Prohibits television manufacturers and electronic device manufacturers from charging owners a fee to recycle televisions and electronic devices under certain circumstances. Requires that television manufacturers and electronic device manufacturers and their agents be responsible for following regulations and for adopting environmentally sound recycling programs. Requires recycling programs for electronic devices to be fully implemented and operational no later than January 1, 2010. (CD1
(H ) 7/16/2009 - Became law without the Governor's signature, Act 183, 7/15/2009, (Gov. Msg. No. 540). MORITA, BROWER, CARROLL, CHING, COFFMAN, EVANS, HERKES, C. LEE, MIZUNO, NISHIMOTO, SHIMABUKURO, THIELEN, Cabanilla, Tsuji, Yamashita EEP/EBM, JUD, FIN
SB1 SD1 HD2 CD1
Conservation and Resources; Resource Management; Opihi
RELATING TO OPIHI.
Establishes a five year moratorium on the harvesting of opihi on Oahu. Establishes a ban on taking or harvesting opihi statewide, subject to open and closed seasons and traditional rights. (CD1)
(H ) 7/15/2009 - Vetoed (Gov. Msg. No. 516). HEE WLO, JUD
SB19 SD1 HD2 CD1
Apprenticeship; Procurement; Construction Contracts
RELATING TO PROCUREMENT.
Requires a procurement preference to a bidder in a public works construction contract of not less than $250,000 if the bidder is a party to an apprenticeship agreement registered with the department of labor and industrial relations for each apprenticeable trade the bidder will employ to construct the public works. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 17 on 07-15-09. TANIGUCHI LAB, FIN
SB43 SD2 HD2 CD1
Physician Workforce Assessment and Planning
RELATING TO PHYSICIAN WORKFORCE ASSESSMENT.
Creates the John A. Burns school of medicine special fund and establishes an expenditure ceiling therefor; assesses a $60 fee upon renewal of physician and osteopathic physician licenses, with proceeds to be deposited to the special fund; requires recurring reports; appropriates $5,000 from the compliance resolution fund to the John A. Burns school of medicine special fund; requires reimbursement by June 30, 2010. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 18 on 07-15-09. BAKER, GREEN, IGE HLT, HED/CPC, FIN  HB1380
SB50 SD1 HD2 CD1
DLNR; Renewable Energy Producer; Public Notice; Public Lands; Lease
RELATING TO RENEWABLE ENERGY PRODUCERS.
Sets terms and conditions for leases of public lands to renewable energy producers, including requiring a public hearing, project completion, design, and financing documentation, and limitations on terminating or altering existing leases of public lands affected. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 19 on 07-15-09. HEE, Kokubun, Takamine WLO/EEP, FIN
SB199 SD1 HD1 CD2
Tax Credits; Partner's Distributive Share
RELATING TO TAXATION.
Establishes a temporary 80% tax credit cap and restricts carryover credits for the high technology business investment tax credit and the technology infrastructure renovation tax credit for investments made after May 1, 2009 and ending before January 1, 2011. Removes the partner distributive share tax incentive for the high technology business investment tax credit. Limits investment credit allocation ratio to 1 to 1. Temporarily suspends the capital goods excise tax credit for one year. (SB199 CD2)
(H ) 7/16/2009 - Became law without the Governor's signature, Act 178, 7/15/2009, (Gov. Msg. No. 535). HOOSER FIN
SB266 SD2 HD2 CD1
Climate Change Task Force
RELATING TO GLOBAL WARMING.
Establishes the climate change task force to assess the impacts of global warming and climate change trends in the State. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 20 on 07-15-09. NISHIHARA EEP, FIN
SB300 SD2 HD2 CD1
Intoxicating Liquor; Liquor Licenses
RELATING TO INTOXICATING LIQUOR.
Requires liquor licensees that are licensed for consumption on premises to carry liability insurance as a condition of acquiring, transferring, and renewing a license. (CD1)
(H ) 7/16/2009 - Became law without the Governor's signature, Act 177, 7/15/2009, (Gov. Msg. No. 534). BAKER, Green, Ige, Sakamoto EBM, CPC/JUD
SB387 SD1 HD1 CD2
State Budget; Reports
RELATING TO THE STATE BUDGET.
Requires the governor or the director of finance to report restrictions of appropriations to the legislature. Reorganizes certain executive branch agencies by abolishing or transferring various agencies and programs to correspond with H.B. No. 200, H.D. 1, the general appropriations act of 2009. Ensures that the energy program administrator created in HB 1271 is a civil service employee. (CD2)
(S ) 7/15/2009 - Veto overridden - 2/3's vote: Ayes, 23; Aye(s) with reservations: none . Noes, 2 (Senator(s) Hemmings, Slom). Excused, 0 (none). TSUTSUI FIN
SB415 SD2 HD1 CD1
Health; Home Care Agencies; Licensing
RELATING TO HOME CARE AGENCIES.
Requires the department of health to license home care agencies. Sunsets 6/30/2014. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 21 on 07-15-09. IGE, BAKER, CHUN OAKLAND, ENGLISH, FUKUNAGA, GREEN, IHARA, SAKAMOTO, TOKUDA HUS/HLT, CPC, FIN  HB704
SB420 SD2 HD2
Naturopathic Medicine; Naturopathy; Parenteral Therapy
RELATING TO NATUROPATHIC MEDICINE.
Amends the title of chapter 455 to "naturopathic medicine" and amends references therein; defines "naturopathic medicine"; changes the name of the board of examiners in naturopathy to the board of naturopathic medicine and authorizes the board to make rules; authorizes temporary license to licensed out-of-state naturopathic physicians in a declared public health emergency. (SB420 HD2)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 22 on 07-15-09. IGE, BAKER, CHUN OAKLAND, IHARA HLT, CPC
SB423 SD1 HD2 CD1
Medicaid; Federal Funds; Disproportionate Share Hospital Allowance Appropriation
RELATING TO HEALTH.
Appropriates money to match federal funds for medicaid disproportionate share hospital allowance. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 23 on 07-15-09. IGE, BAKER, CHUN OAKLAND, ENGLISH, FUKUNAGA, IHARA, SAKAMOTO, TOKUDA HLT, HUS, FIN
SB470 HD1 CD1
Liquor Licenses
RELATING TO LIQUOR.
Makes various revisions to the liquor license and liquor tax laws. (CD1)
(H ) 7/16/2009 - Became law without the Governor's signature, Act 184, 7/15/2009, (Gov. Msg. No. 541). TAKAMINE CPC/JUD, FIN
SB539 SD1 HD1 CD1
Reentry Intake Service Center Division; Established; Duties
RELATING TO CORRECTIONS.
Renames the intake service center division of DPS to the reentry intake service centers and directs the reentry intake service centers to work closely and collaborate with the furlough programs in each county, the Hawaii paroling authority, and the correction program services division to ensure that the reentry needs of inmates are being met. Establishes an oversight committee and reentry commission. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 24 on 07-15-09. ESPERO, Bunda, Gabbard, Galuteria PBS, FIN
SB603 SD1 HD1 CD1
Public Utilities; Local Exchange Intrastate Service; Competition
RELATING TO PUBLIC UTILITIES.
Requires the Public Utilities Commission to classify the State's local exchange intrastate services as fully competitive. (CD1)
(H ) 7/16/2009 - Became law without the Governor's signature, Act 180, 7/15/2009, (Gov. Msg. No. 537). FUKUNAGA, BAKER, ESPERO, Hee, Ige, Slom CPC
SB605 SD1 HD3 CD1
Noise; Decibel Weighting
RELATING TO NOISE.
Requires the department of health to add the dBC decibel weighting system to the current dBA decibel weighting system for purposes of community noise control. Sets permissible maximum sound levels for nighttime in any urban land use district and grants the DOH and the county liquor commission the authority to enforce these limits. Directs the county liquor commission, with assistance from DOH and DLIR, to develop recommendations for a permanent maximum sound level, in decibels. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 25 on 07-15-09. FUKUNAGA, GALUTERIA, Baker, Chun Oakland, Hemmings, Kim, Slom EEP, CPC/JUD, FIN
SB695 SD1 HD1 CD1
Workers' Compensation; Medical Treatment
RELATING TO WORKERS' COMPENSATION.
Requires the employer to continue medical services to an injured employee despite disputes over whether treatment should be continued, until the director of labor and industrial relations decides whether treatment should be continued. Effective July 1, 2009. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 26 on 07-15-09. TAKAMINE, CHUN OAKLAND, Galuteria, Kidani, Sakamoto LAB, FIN
SB777 SD1 HD1
Comprehensive Sexuality Health Education
RELATING TO COMPREHENSIVE SEXUALITY HEALTH EDUCATION.
Requires any recipient of state funding specifically for sexuality health education programs to provide comprehensive medically accurate sexuality education. (SB777 HD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 27 on 07-15-09. CHUN OAKLAND, BAKER, FUKUNAGA, KIDANI, TOKUDA HLT, EDN, FIN  HB330
SB912 SD2 HD2 CD1
Permanent Plan Hearings
RELATING TO PERMANENCY HEARINGS.
Amends the child protective act to ensure compliance with federal Title IV-E hearing requirements. Effective July 1, 2010. (CD1)
(S ) 7/7/2009 - Vetoed on 07-15-09 - Returned from the Governor without approval (Gov. Msg. No. 794). HANABUSA (BR) HUS, JUD, FIN  HB1094
SB1005 SD2 HD2 CD1
Publicity Rights; Commercial Uses
RELATING TO PUBLICITY RIGHTS.
Establishes property rights in the commercial use of a person's name, voice, signature, or likeness. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 28 on 07-15-09. HANABUSA (BR) EBM/TCI, JUD
SB1058 SD2 HD2 CD1
Controlled Substances; Medical Marijuana; Salvia Divinorum
RELATING TO CONTROLLED SUBSTANCES.
Establishes a task force to examine issues relating to medical cannabis patients and current medical cannabis laws. Establishes a task force to examine the effects of salvia divinorum. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 29 on 07-15-09. ESPERO, ENGLISH, HOOSER, Bunda, Galuteria, Kidani JUD/PBS, HLT, FIN
SB1160 SD2 HD2 CD1
Hawaii Public Housing Authority; Common Area Expenses; Hearings
RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY.
Authorizes the Hawaii public housing authority to assess all the units in a state public housing project for common area expenses; eliminates most procedural requirements to hearings for eviction of tenants from public housing, but requires written notice per federal law; requires evictions from state low-income housing to be conducted by hearings officers appointed by the authority; clarifying that for federal lowincome housing, hearings shall be conducted by eviction board; authorizes an eviction board or hearings officer to consider a tenant's involvement in their child's school in making a determination; prohibits the authority from selling any land developed for any public housing project. (CD1)
(S ) 7/13/2009 - Vetoed on 07-13-09 - Returned from the Governor without approval (Gov. Msg. No. 811). SAKAMOTO, CHUN OAKLAND, Galuteria, Kidani, Tsutsui HSG, FIN
SB1183 SD2 HD2 CD1
Employment; Discriminatory Practices; Disability
RELATING TO DISCRIMINATORY PRACTICES.
Requires the Hawaii civil rights commission to define in administrative rules certain definitions for purposes of discriminatory employment practices. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 30 on 07-15-09. TAKAMINE, Fukunaga, Hee, Ige, Taniguchi LAB, HUS, JUD
SB1206 SD1 HD1 CD1
Counties; Revenue Bonds
RELATING TO COUNTIES.
Specifies that, subject to the approval of a county governing body, or in a county with a population of at least 500,000 people that has a county charter provision authorizing a county board to issue revenue bonds in its own name, then the county board may exercise all powers vested in the county with respect to an undertaking or loan program under the board's jurisdiction. Effective 07/01/09. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 31 on 07-15-09. TSUTSUI FIN
SB1218 SD2 HD2 CD1
Mortgage Brokers; Mortgage Loan Originator
RELATING TO MORTGAGE LOAN ORIGINATORS.
Allows the commissioner of financial institutions to regulate, license, examine, and enforce laws regulating mortgage loan originators. Exempts mortgage loan originators from chapter 454, HRS, relating to mortgage brokers and solicitors. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 32 on 07-15-09. BAKER (BR) CPC/JUD, FIN
SB1224 SD1 HD2 CD1
Airports; Airport Concessions; Leases
RELATING TO AIRPORT CONCESSIONS.
Allows for certain adjustments and modifications to airport concession leases. Effective 07/01/09. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 33 on 07-15-09. GALUTERIA, GREEN, SAKAMOTO, Bunda, Espero, Fukunaga, Hemmings, Ige, Kidani, Nishihara, Taniguchi, Tokuda TRN, FIN
SB1248 SD1 HD1 CD1
Enterprise Zone Program; Agricultural Producers and Manufacturers
RELATING TO STATE ENTERPRISE ZONES.
Authorizes agricultural producers and manufacturers to renew their eligibility in the enterprise zone program and allows receipts, sales, and employees of a business establishment that are located within the same county to count toward qualification. Amends definitions in section 209E-2, HRS. (CD1)
(S ) 7/10/2009 - Act 174, 7/10/2009 (Gov. Msg. No. 797). FUKUNAGA, Baker, Espero, Hee, Ige, Slom EBM/AGR, EEP, FIN
SB1250 SD1 HD1 CD1
Teachers; Emergency Hires
RELATING TO EDUCATION.
Clarifies that individuals may be employed by the department of education on an emergency basis for no more than four years in the aggregate, beginning July 1, 2009. (CD1)
(H ) 7/15/2009 - Vetoed (Gov. Msg. No. 531). SAKAMOTO EDN/LAB, FIN
SB1345 SD1 HD1 CD1
Public Lands; Leasehold; Agricultural Uses; Condemnation; Withdrawal; Compensation; Lease Extension
RELATING TO AGRICULTURE.
Provides for fair compensation, including an automatic lease extension, when leased public land for agricultural or pastoral uses is withdrawn, condemned, or taken for public purposes. (CD1)
(H ) 7/15/2009 - Vetoed (Gov. Msg. No. 532). KOKUBUN, HEE, TAKAMINE, TOKUDA, English, Taniguchi WLO/AGR, FIN
SB1350 SD2 HD1 CD1
Kakaako Community Development District, Mauka Area; Reserved Housing
RELATING TO KAKAAKO.
Increases the reserved housing requirement for a development in the Kakaako community development district, mauka area. (CD1)
(S ) 7/13/2009 - Vetoed on 07-13-09 - Returned from the Governor without approval (Gov. Msg. No. 812). TANIGUCHI WLO/HSG
SB1665 SD2 HD1 CD1
Workforce Development; University of Hawaii Community Colleges; Reed Act Funds; Appropriation
RELATING TO HIGHER EDUCATION.
Enhances the workforce development capacity of Hawaii's community colleges by establishing a skilled worker and business development center to provide workforce training to meet the rapidly evolving needs of both employers and employees. Appropriates Reed Act funds. (CD1)
(S ) 7/16/2009 - Veto override, Special Session 2009, Act 34 on 07-15-09. TOKUDA, BAKER, CHUN OAKLAND, ENGLISH, ESPERO, FUKUNAGA, GALUTERIA, GREEN, HANABUSA, HEE, HOOSER, IGE, IHARA, KIDANI, KIM, KOKUBUN, NISHIHARA, SAKAMOTO, TAKAMINE, TSUTSUI, Bunda, Gabbard, Taniguchi HED/LAB, FIN
SB1673 SD2 HD2 CD1
Hawaii Health Systems Corporation; Regional Systems; New Entity
RELATING TO THE HAWAII HEALTH SYSTEMS CORPORATION.
Authorizes a facility or regional health care system under the Hawaii health systems corporation to transition into a new legal entity; amends the maintenance of services requirements; authorizes criminal history record checks; amends corporation board membership; requires an annual internal audit of the management and operations of the corporation and regions. (CD1)
(H ) 7/16/2009 - Became law without the Governor's signature, Act 182, 7/15/2009, (Gov. Msg. No. 539). HANABUSA, BAKER, CHUN OAKLAND, ENGLISH, ESPERO, FUKUNAGA, GALUTERIA, GREEN, HEE, HOOSER, IGE, IHARA, KIDANI, KIM, KOKUBUN, NISHIHARA, SAKAMOTO, TOKUDA, TSUTSUI, Bunda, Gabbard, Takamine
SB1678 SD3 HD1 CD1
Streamlined Sales and Use Tax Amendments
RELATING TO TAXATION.
Adopts amendments to Hawaii tax laws to implement the streamlined sales and use tax agreement. Effective when the United States Congress enacts legislation by consenting to the Streamlined Sales and Use Tax Agreement. (CD1)
(S ) 7/15/2009 - Veto overridden - 2/3's vote: Ayes, 23; Aye(s) with reservations: none . Noes, 2 (Senator(s) Hemmings, Slom). Excused, 0 (none). FUKUNAGA, BAKER, CHUN OAKLAND, ENGLISH, ESPERO, GALUTERIA, GREEN, HANABUSA, HEE, HOOSER, IGE, IHARA, KIM, KOKUBUN, NISHIHARA, SAKAMOTO, TOKUDA, TSUTSUI, Bunda, Gabbard, Kidani, Takamine, Taniguchi FIN