State Seal
Hawaii State Legislature
2009 Regular Session
Measures that Passed Legislature


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   Measure, Title, and DescriptionCurrent StatusIntroducer(s)Current ReferralCompanion
HB28 HD1 SD2 CD1
RELATING TO DEAD HUMAN BODIES.
Dead Bodies; Prohibitions; Penalty
Adds to the prohibition against buying dead human bodies, the selling and commercial display of dead human bodies. Defines the terms "dead human body" and "museum facility." Increases the fine for violations to up to $5,000. (HB28 CD1)
(S) 6/15/2009 -- Act 118, 6/12/2009 (Gov. Msg. No. 735). M. OSHIRO HTH, JGO
HB31 SD1 CD1
RELATING TO EMPLOYMENT PRACTICES.
Employment; Credit History Prohibited
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
HB34 SD1 CD1
RELATING TO STATE BONDS.
General Obligation Bond Declaration
Authorizes issuance of general obligation bonds. Makes findings required by Article VII, Section 13 of the State Constitution to declare that issuance of authorized bonds will not cause debt limit to be exceeded. (HB34 CD1)
(S) 6/29/2009 -- Act 163, 6/29/2009 (Gov. Msg. No. 780). M. OSHIRO WAM
HB35 HD1 SD1 CD1
RELATING TO INCOME TAX CREDIT.
Mandatory Tax Credit; Constitution
Provides a mandatory tax credit to taxpayers pursuant to Article VII, section 6, of the Hawaii Constitution. (HB35 CD1)
(H) 6/2/2009 -- Act 084, on 6/2/2009 (Gov. Msg. No. 380). M. OSHIRO WAM
HB36 HD1 SD2 CD1
RELATING TO HEALTH.
Sanitation
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
HB111 SD2 CD1
RELATING TO STATE SALARIES.
State Salary; Indebtedness
Establishes a 2-year statute of limitations for recovering indebtedness to the State through withholding of state salaries. Calculates retirement benefits based on what the employee's salary should have been. (HB111 CD1)
(H) 7/16/2009 -- Became law without the Governor's signature, Act 190, 7/15/2009, (Gov. Msg. No. 547). RHOADS LBR, WAM
HB128 HD1 SD1 CD2
RELATING TO ELECTIONS.
Elections; Campaign Financing
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
HB135
RELATING TO THE STATE INSECT.
Kamehameha Butterfly; State Insect
Designates the Kamehameha butterfly as the state insect.
(S) 4/23/2009 -- Act 015, 4/23/2009 (Gov. Msg. No. 626). B. OSHIRO, Karamatsu EDT
HB179 SD2
RELATING TO SCHOOL FACILITIES.
Public School Facilities Repair and Maintenance
Repeals two subsections of the Hawaii Revised Statutes regarding the cost of electricity and maintenance for air conditioners not installed by the department of accounting and general services and repair and maintenance for donated fixtures and equipment. (SD2)
(S) 5/18/2009 -- Act 063, 5/18/2009 (Gov. Msg. No. 680). TAKUMI EDH, WAM
HB183 HD1 SD2 CD1
RELATING TO EDUCATION.
Hawaii Teacher Standards Board
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
HB200 HD1 SD1 CD1
RELATING TO THE STATE BUDGET.
State Budget
Appropriates funds for the operating and capital improvement budget of the Executive Branch for fiscal years 2009-2010 and 2010-2011. (HB200 CD1)
(S) 6/29/2009 -- Act 162, 6/29/2009 (Gov. Msg. No. 779). SAY (BR) WAM SB200
HB262 HD2 SD2 CD1
RELATING TO INSURANCE FRAUD.
Insurance Fraud
Expands the authority of the insurance division's insurance fraud investigations unit, renamed the insurance fraud investigation branch, to prevent, investigate, and prosecute -- both civilly and criminally -- insurance fraud beyond motor vehicle insurance cases to all lines of insurance except workers' compensation. (HB262 CD1)
(S) 6/24/2009 -- Act 149, 6/24/2009 (Gov. Msg. No. 766). HERKES CPN, JGO
HB267 HD2 SD1
RELATING TO THE MOTOR VEHICLE RENTAL INDUSTRY.
Motor Vehicle Rental Industry; Interisland Transport
Eases documentation requirements for rental cars transported by any water carrier authorized to transport vehicles interisland by the State PUC; provided that the water carrier has a written contract with the owner of the rental car, and records and retains certain information about the vehicle and its transport. (SD1)
(H) 5/6/2009 -- Act 047, on 5/6/2009 (Gov. Msg. No. 335). HERKES TIA, CPN
HB271 SD2 CD1
RELATING TO REAL PROPERTY.
Uniform Real Property Electronic Recording Act
Permits the registrar of the bureau of conveyances to accept electronic documents with electronic signatures for recording, to provide electronic documents in response to a request, and to convert existing records to electronic format. (HB271 CD1)
(H) 6/9/2009 -- Act 102, on 6/9/2009 (Gov. Msg. No. 400). HERKES WLO, JUD, CPC, FIN
HB274
RELATING TO PATRIOT DAY.
Patriot Day
Designates September 11 as Patriot Day.
(S) 4/23/2009 -- Act 014, 4/23/2009 (Gov. Msg. No. 625). MIZUNO, BROWER EDT
HB293 HD1
RELATING TO PROTECTIVE PROCEEDINGS.
Protective Proceedings
Modifies requirements related to the basis for court appointment of a conservator. (HB293 HD1)
(S) 4/29/2009 -- Act 021, 4/29/2009 (Gov. Msg. No. 633). SAY (BR) JGO
HB294 HD1
RELATING TO PERSONAL LIABILITY OF TRUSTEE TO THIRD PARTIES.
Personal Liability of Trustee to Third Parties
Amends Hawaii Probate Code provisions on personal liability of a trustee for consistency with Uniform Probate Code. (HB294 HD1)
(S) 4/29/2009 -- Act 022, 4/29/2009 (Gov. Msg. No. 634). SAY (BR) JGO
HB300 HD1 SD2 CD1
RELATING TO THE JUDICIARY.
Judiciary; Appropriations
Appropriates funds for the operating and capital improvement budget of the Judiciary for fiscal years 2009-2010 and 2010-2011. (HB300 CD1)
(S) 6/22/2009 -- Act 139, 6/22/2009 (Gov. Msg. No. 756). SAY (BR) JGO, WAM
HB302 HD1
MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE LEGISLATURE, THE AUDITOR, THE LEGISLATIVE REFERENCE BUREAU, AND THE OMBUDSMAN.
Legislative Appropriations
Appropriates funds to provide for the expenses of the Legislature, Auditor, Legislative Reference Bureau, and Ombudsman. (HB302 HD1)
(S) 2/18/2009 -- Act 001, 2/18/2009 (Gov. Msg. No. 440). M. OSHIRO WAM
HB319 HD1 SD1
RELATING TO FAMILY LEAVE.
Family Leave; Notification of Benefits
Requires employers to post notice of employees' entitlement to family leave. (SD1)
(H) 5/6/2009 -- Act 048, on 5/6/2009 (Gov. Msg. No. 336). M. LEE, AWANA, BELATTI, BROWER, CABANILLA, HANOHANO, HAR, KEITH-AGARAN, LUKE, MIZUNO, NAKASHIMA, PINE, THIELEN, Berg, Marumoto LBR SB823
HB343 HD1 SD2 CD1
RELATING TO RURAL PRIMARY HEALTH CARE TRAINING.
Primary Health Care; Rural Areas
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
RELATING TO DRUG TREATMENT.
Drug Court; Secure Treatment Facilities
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
HB366 HD2 SD2 CD1
RELATING TO MANTA RAYS.
Manta Rays; Poaching and Commercial Fishing Prohibited
Establishes fines and penalties for any person who knowingly captures or kills a manta ray within state marine waters. Provides an exception for special permits granted for scientific, education, management, or propagation purposes. Requires department of land and natural resources to adopt rules on what constitutes a "take". (HB366 CD1)
(S) 6/5/2009 -- Act 092, 6/5/2009 (Gov. Msg. No. 709). COFFMAN, HANOHANO, MORITA, Bertram, Carroll, Evans, McKelvey, Nakashima, Souki, Tsuji, Yamashita WTL, JGO SB394
HB371 HD2 SD2 CD1
RELATING TO TAXATION.
Sunset; Naphtha Fuel Tax; Power Generation
Extends by three years the sunset provision relating to the tax on naphtha fuel sold for use in a power-generating facility. Increases the tax from 1 cent per gallon to 2 cents per gallon. (HB371 CD1)
(H) 7/16/2009 -- Became law without the Governor's signature, Act 198, 7/15/2009, (Gov. Msg. No. 555). TOKIOKA, CARROLL, EVANS, HANOHANO, HERKES, MCKELVEY, MORITA, NAKASHIMA, TSUJI, Chang, Coffman, Sagum ENE, WAM SB447
HB381 HD2 SD1 CD1
RELATING TO THE STATE OF HAWAII ENDOWMENT FUND.
Honolulu Symphony; Endowment Fund; Unmatched Pledges
Amends the $4,000,000 appropriation to the State of Hawaii Endowment Fund authorized under Act 97, SLH 2006, as amended by Act 156, SLH 2007, to stipulate that all portions of pledges not collected by February 28, 2013, will cause any unexpended or unencumbered balance from the appropriation to revert to the general fund. Effective 6/29/09. (HB381 CD1)
(S) 5/21/2009 -- Act 065, 5/20/2009 (Gov. Msg. No. 682). M. OSHIRO EDT, WAM
HB426 HD1 SD1
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST SEAWATER AIR CONDITIONING PROJECTS ON OAHU.
Special Purpose Revenue Bonds; Honolulu Seawater Air Conditioning, LLC
Authorizes the issuance of special purpose revenue bonds to Honolulu Seawater Air Conditioning, LLC, for the purpose of design and construction of a seawater air conditioning district cooling system in downtown Honolulu. (SD1)
(S) 6/12/2009 -- Act 113, 6/11/2009 (Gov. Msg. No. 730). MORITA, CHONG, COFFMAN, C. LEE, THIELEN, Sagum ENE, WAM SB391
HB427 HD1 SD1 CD1
RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST ONE PLANET PACIFIC ENERGY, LLC, A PROCESSING ENTERPRISE.
Special Purpose Revenue Bonds; One Planet Pacific Energy, LLC
Authorizes the issuance of $40,000,000 in special purpose revenue bonds for One Planet Pacific Energy, LLC, to build a gasification facility adjoining the construction and demolition material solid waste landfill located in Nanakuli, Oahu. (HB427 CD1)
(S) 6/12/2009 -- Act 111, 6/11/2009 (Gov. Msg. No. 728). MORITA, CHONG, COFFMAN, C. LEE, THIELEN, Sagum ENE, WAM SB393
HB520 HD1 SD1
RELATING TO BUILDINGS.
Historic Building Photograph Requirement; Repeal Act 228
Repeals the amendments made by Act 228, Session Laws of Hawaii 2008, which require the taking of archival photographs before conducting any demolition, construction, or alteration of any building over fifty years old or any building listed, or eligible for listing, on the Hawaii or National Register of Historic Places. (SD1)
(H) 4/15/2009 -- Act 004, on 4/14/2009 (Gov. Msg. No. 289). SAY EDT
HB541 HD1 SD1 CD1
RELATING TO CIVIL SERVICE PERSONNEL.
Civil Service Benefits; Department of Education
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
HB586 HD1 SD1 CD1
RELATING TO THE KANEOHE BAY REGIONAL COUNCIL.
Kaneohe Bay Regional Council
Sunsets the Kaneohe bay regional council. Designates the Department of land and natural resources as the agency responsible for implementing the council's plans, programs, and policies adopted prior to its repeal. (HB586 CD1)
(S) 5/22/2009 -- Act 068, 5/22/2009 (Gov. Msg. No. 685). ITO (BR) WTL, WAM
HB589 HD1 SD2 CD1
RELATING TO RENEWABLE ENERGY FACILITIES.
Renewable Energy Project; Subdivisions
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
RELATING TO RENEWABLE ENERGY FACILITIES.
Renewable Energy Facility
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
HB591 HD1 SD2
RELATING TO PUBLIC UTILITIES.
Renewable Energy; Agricultural Activities; Preferential Rates
Authorizes preferential rates for the purchase of renewable energy produced in conjunction with agricultural activities. (SD2)
(H) 7/16/2009 -- Became law without the Governor's signature, Act 185, 7/15/2009, (Gov. Msg. No. 542). ITO, CHANG, CHING, HAR, HERKES, SAGUM, THIELEN, TOKIOKA, TSUJI, Coffman, Morita WTL/ENE, CPN
HB610 HD2 SD2 CD1
RELATING TO SCIENCE AND TECHNOLOGY.
Science and Technology; Hawaii State Plan; Economy Growth
Provides for the development of a Hawaii State Science and Technology Plan. (HB610 CD1)
(S) 6/19/2009 -- Act 137, 6/19/2009 (Gov. Msg. No. 754). YAMASHITA, AWANA, CHANG, CHONG, ITO, KEITH-AGARAN, MANAHAN, B. OSHIRO, TSUJI, YAMANE, Har, Karamatsu, Magaoay, McKelvey, Souki, Wakai EDT, WAM
HB615 HD1 SD2 CD1
RELATING TO HARASSMENT.
Harassment; Electronic Communications
Provides that the offense of harassment includes all forms of electronic communications. (HB615 CD1)
(S) 6/5/2009 -- Act 090, 6/5/2009 (Gov. Msg. No. 707). KARAMATSU, CABANILLA, CARROLL, HERKES, ITO, MCKELVEY, MORITA, B. OSHIRO, TSUJI, Souki EDT, JGO
HB618 SD2 CD1
RELATING TO THE UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT.
Uniform Prudent Management of Institutional Funds Act
Enacts uniform prudent management of institutional funds act to replace and update existing uniform management of institutional funds act. Provides guidance and authority to charitable organizations concerning the management and investment of funds held by those organizations. Provides additional protections for charities and also protects the interests of donors. Modernizes rules governing expenditures from endowment funds. Gives institutions ability to cope more easily with fluctuations in the value of the endowment. Updates provisions governing the release and modification of restrictions on charitable funds to permit more efficient management of these funds. (HB618 CD1)
(S) 6/19/2009 -- Act 135, 6/19/2009 (Gov. Msg. No. 752). KARAMATSU, M. Oshiro CPC, JUD, FIN
HB632 HD1 SD1 CD1
RELATING TO POLICY ADVISORY BOARD ON VETERANS' SERVICES.
Policy Advisory Board on Veterans' Services
Requires the Governor, in making appointments to the Policy Advisory Board on Veterans' Services, appoint at least three women as members. (HB632 CD1)
(S) 5/22/2009 -- Act 071, 5/22/2009 (Gov. Msg. No. 688). EVANS, MCKELVEY PSM
HB640 HD1 SD2 CD1
RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.
Environmental Assessments; State and County Lands; Exemption
Exempts from the purview of chapter 343, HRS, the environmental review law, primary actions that require a ministerial permit, that involve secondary actions limited to infrastructure development within public right-of-ways. (HB640 CD1)
(S) 6/3/2009 -- Act 087, 6/3/2009 (Gov. Msg. No. 704). MAGAOAY, AWANA, CHANG, HAR, ITO, TOKIOKA, Aquino, Coffman, Keith-Agaran, Sagum EEP/WLO, TRN
HB643 HD2 SD2 CD1
RELATING TO CONTRACTORS.
Contractors; Public Works Projects; Ineligible Employees
Authorizes the contractors license board to suspend, revoke, or refuse to renew a contractor's license for employing a worker on a public work project who is ineligible under federal law to work in the United States. Effective 7/1/2009. (HB643 CD1)
(S) 6/23/2009 -- Act 145, 6/23/2009 (Gov. Msg. No. 762). MAGAOAY, AWANA, CHANG, HAR, HERKES, ITO, KARAMATSU, TOKIOKA, Aquino, Keith-Agaran, Rhoads LAB, JUD, CPC, FIN
HB690 HD2 SD2 CD1
RELATING TO INSURANCE.
Group Health Insurers; Small Business; Part-time Employees
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
RELATING TO THE HAWAII TOURISM AUTHORITY.
Hawaii Tourism Authority; Procurement; Tourism Emergency; TAT
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
HB813 HD1 SD1 CD1
RELATING TO LANGUAGE ACCESS.
Holidays; Language Access Month
Designates the month of August as Language Access Month to promote awareness of language access for government services and to emphasize the importance of and the need for language access in Hawaii. (HB813 CD1)
(S) 5/22/2009 -- Act 069, 5/22/2009 (Gov. Msg. No. 686). KEITH-AGARAN, BROWER, ITO, KARAMATSU, MAGAOAY, MIZUNO, PINE, SHIMABUKURO, Aquino, Bertram TCI, FIN
HB814 HD2 SD2 CD1
RELATING TO NURSE AIDES.
Nurse Aide Certification
Specifies the renewal period for the recertification of nurse aides and the number of continuing education hours required for their recertification. (HB814 CD1)
(H) 6/10/2009 -- Act 108, on 6/10/2009 (Gov. Msg. No. 406). MIZUNO, BERTRAM, BROWER, CHING, KARAMATSU, KEITH-AGARAN, MAGAOAY, MANAHAN, PINE, SHIMABUKURO, Aquino, Berg, Chang HTH, CPN
HB876 HD1 SD2 CD2
RELATING TO CONDOMINIUMS.
Condominiums; Aging in Place
Expands limitations on association liability for elderly unit owners or residents aging in place to include disabled persons. (HB876 CD2)
(S) 6/17/2009 -- Act 128, 6/17/2009 (Gov. Msg. No. 745). B. OSHIRO HMS/CPN, JGO
HB895 HD2 SD2 CD1
RELATING TO TAX ON TOBACCO PRODUCTS OTHER THAN CIGARETTES.
Tobacco Products Tax Increase
Increases the tobacco tax on tobacco products other than cigarettes and cigars from 40 percent to 70 percent of the wholesale price beginning on September 30, 2009; increases the tax on cigars to 50 percent beginning September 30, 2009; and defines "little cigars" and taxes them as cigarettes; deposits all additional taxes into the general fund. (HB895 CD1)
(H) 5/8/2009 -- Act 058, on 5/8/2009, veto override. YAMANE HTH, WAM
HB899 HD1 SD1 CD1
RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.
Office of Hawaiian Affairs; Revenue Bonds
Clarifies and strengthens the Office of Hawaiian Affairs' bond authority. (HB899 CD1)
(S) 6/24/2009 -- Act 146, 6/24/2009 (Gov. Msg. No. 763). SAY (BR) WTL, WAM
HB900 HD2 SD1 CD1
RELATING TO THE BUDGET OF THE OFFICE OF HAWAIIAN AFFAIRS.
OHA Budget
Appropriates funds for the operating budget of the Office of Hawaiian Affairs for fiscal years 2009-2010 and 2010-2011. (HB900 CD1)
(S) 6/22/2009 -- Act 140, 6/22/2009 (Gov. Msg. No. 757). SAY (BR) WTL, WAM
HB952 HD1 SD2 CD1
RELATING TO LABOR.
Labor Unions; Private Sector
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
RELATING TO AGRICULTURAL WATER SYSTEMS.
Agricultural Water Systems; ADC
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
HB981 HD2 SD2 CD1
RELATING TO HIGHWAY SAFETY.
Impaired Driving; Ignition Interlock
Makes amendments to Hawaii Revised Statutes and Act 171, Session Laws of Hawaii 2008, reflecting recommendations of ignition interlock implementation task force. (HB981 CD1)
(S) 6/3/2009 -- Act 088, 6/3/2009 (Gov. Msg. No. 705). HAR, BELATTI, BERG, BROWER, CARROLL, CHANG, CHONG, COFFMAN, EVANS, HANOHANO, KEITH-AGARAN, C. LEE, M. LEE, LUKE, MAGAOAY, MANAHAN, MCKELVEY, MIZUNO, MORITA, NAKASHIMA, NISHIMOTO, B. OSHIRO, M. OSHIRO, RHOADS, SAY, TAKAI, TAKUMI, TOKIOKA, TSUJI, YAMANE, YAMASHITA, Aquino, Awana, Bertram, Cabanilla, Choy, Sagum, Saiki, Souki TIA, JGO SB716
HB982 HD3 SD1 CD1
RELATING TO FAMILY LEAVE.
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
HB983 HD1 SD2 CD1
RELATING TO EDUCATION.
Schools; Traffic Safety
Requires the director of transportation to provide federal Safe Routes to School program funds for school-based workshops and community-based planning projects that will reduce vehicular travel and congestion, encourage walking and bicycling, and promote health and safety. Requires the director to develop a streamlined process for the federal Safe Routes to School grant program. (HB983 CD1
(H) 6/9/2009 -- Act 100, on 6/9/2009 (Gov. Msg. No. 398). M. LEE, AQUINO, BELATTI, BERTRAM, BROWER, CABANILLA, CARROLL, CHONG, COFFMAN, EVANS, HANOHANO, HAR, ITO, KARAMATSU, KEITH-AGARAN, MAGAOAY, MANAHAN, MIZUNO, MORITA, NAKASHIMA, NISHIMOTO, B. OSHIRO, M. OSHIRO, RHOADS, SAY, SHIMABUKURO, SOUKI, TAKAI, TOKIOKA, TSUJI, WAKAI, WOOLEY, YAMANE, YAMASHITA, Choy, Takumi EDH/TIA, WAM
HB986 HD1 SD1 CD1
RELATING TO PUBLIC SCHOOL FACILITIES.
Energy Efficiency and Environmental Standards; Public Schools
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
RELATING TO CHILDREN'S HEALTH CARE.
Keiki 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
HB994 HD1 SD2 CD1
RELATING TO TOURISM.
Tourism; Space Industry; Federal Aviation Administration; Spaceport License
Appropriates funds for the application for a spaceport license from the Federal Aviation Administration to establish space tourism in Hawaii. (HB994 CD1)
(H) 7/16/2009 -- Became law without the Governor's signature, Act 187, 7/15/2009, (Gov. Msg. No. 544). WAKAI, HERKES, MARUMOTO, B. OSHIRO, PINE, WARD, Cabanilla, Chang, Ito, Mizuno PSM/TSM, WAM SB222
HB1016 HD2 SD1 CD2
MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES.
Appropriations; Claims Against the State
Makes appropriations for claims against the State, its officers, and its employees. (HB1016 CD2)
(S) 5/18/2009 -- Act 064, 5/18/2009 (Gov. Msg. No. 681). SAY (BR) JGO, WAM SB834
HB1040 HD1 SD2 CD1
RELATING TO TORT LIABILITY.
Tort Liability; Lifeguards; Public Lands
Extends for four years the law shielding county lifeguards from liability. Also extends for four years the limitation on liability of the State and counties for incidents arising on improved public lands, provided that certain signage requirements are met.(HB1040 CD1)
(H) 6/1/2009 -- Act 081, on 6/1/2009 (Gov. Msg. No. 376). SAY (BR) TIA, JGO SB858
HB1045 HD1 SD2 CD1
RELATING TO THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION.
Hawaii Housing Finance and Development Corporation
Makes necessary housekeeping amendments to chapter 201H, Hawaii Revised Statutes. Authorizes Hawaii Housing Finance and Development Corporation to modify terms, plans, specifications, and other matters relating to projects previously approved by predecessor agency. Authorizes the imposition of service fees to recoup program administrative expenses. Effective 7/1/2009. (HB1045 CD1)
(S) 6/22/2009 -- Act 143, 6/22/2009 (Gov. Msg. No. 760). SAY (BR) EDH, WAM SB863
HB1057 HD1 SD2 CD1
RELATING TO THE STATE OF HAWAII COLLEGE SAVINGS PROGRAM.
College Savings Program
Supports investment in a child's future by allowing third parties to make contributions directly into a State-established HI529 college savings account for a designated beneficiary. (HB1057 CD1)
(S) 6/5/2009 -- Act 091, 6/5/2009 (Gov. Msg. No. 708). SAY (BR) HRE, WAM SB875
HB1059 HD2 SD1
RELATING TO THE ONE CALL CENTER.
The One Call Center
Makes permanent the One Call Center pilot program, which facilitates advance warnings to excavators of the location of underground facilities. Exempts pest control operations from the program for three years. (SD1)
(S) 5/26/2009 -- Act 072, 5/26/2009 (Gov. Msg. No. 689). SAY (BR) CPN, WAM SB877
HB1061 HD1 SD1
RELATING TO PUBLIC UTILITIES.
Utilities; Receivership
Guarantees the operation of water and sewer services to Hawaii residents by allowing the Public Utility Commission to take necessary action and appoint receivers whenever regulated public utilities fail to provide adequate and reasonable service. (SD1)
(S) 5/26/2009 -- Act 074, 5/26/2009 (Gov. Msg. No. 691). SAY (BR) CPN/TIA SB879
HB1070 SD1 CD1
RELATING TO THE CODE OF FINANCIAL INSTITUTIONS.
Code of Financial Institutions
Amends and updates Hawaii's code of financial institutions to address temporary office relocations and to place prudent limits on certain kinds of investments by financial institutions. (HB1070 CD1)
(H) 6/10/2009 -- Act 107, on 6/10/2009 (Gov. Msg. No. 405). SAY (BR) CPN SB888
HB1071 HD3 SD2 CD1
RELATING TO MORTGAGE SERVICERS.
Mortgage Servicers; Regulation
Provides for the licensing and regulation of mortgage servicers that service residential mortgage loans secured by real property located in the State of Hawaii. Specifies prohibited practices for mortgage servicers. Effective 7/1/2010. (HB1071 CD1)
(H) 6/10/2009 -- Act 106, on 6/10/2009 (Gov. Msg. No. 404). SAY (BR) CPN, WAM SB889
HB1075 SD1
RELATING TO INSURANCE.
Insurance; Long-Term Care Insurance
Updates references in Article 10H of the Insurance Code governing long-term care insurance. (SD1)
(H) 5/6/2009 -- Act 049, on 5/6/2009 (Gov. Msg. No. 337). SAY (BR) CPN SB893
HB1101 HD1 SD1
RELATING TO INVESTIGATORS OF THE DEPARTMENT OF HUMAN SERVICES.
Department of Human Services Investigators
Authorizes the Director of Human Services to appoint and commission investigators to investigate incidents at the Hawaii youth correctional facilities, and gives these investigators access to necessary information maintained by state and county entities. (SD1)
(S) 5/18/2009 -- Act 062, 5/18/2009 (Gov. Msg. No. 679). SAY (BR) HMS, JGO SB919
HB1103 SD1 CD1
RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR INDEPENDENT LIVING SERVICES AND CENTERS.
Federal Financial Assistance for Independent Living Services and Centers
Repeals section 348-9, Hawaii Revised Statutes, that establishes the Statewide Council on Independent Living as an entity within the Department of Human Services. (HB1103 CD1)
(H) 6/8/2009 -- Act 097, on 6/8/2009 (Gov. Msg. No. 395). SAY (BR) HMS, WAM SB921
HB1141 HD1 SD1 CD1
RELATING TO THRILL CRAFT OPERATION.
Thrill Craft
Authorizes government personnel conducting operations approved by DLNR to operate thrill crafts in non-designated areas. Authorizes film permit holders involved in film production operations approved by DLNR to operate thrill crafts in nondesignated areas, which sunsets on 6/30/2014. DLNR and the Hawaii film office shall submit annual reports on film production thrill craft use. (HB1141 CD1)
(S) 6/3/2009 -- Act 089, 6/3/2009 (Gov. Msg. No. 706). SAY (BR) WLO, TCI/EBM SB959
HB1152 HD1 SD1 CD1
RELATING TO COMMITTED PERSONS' ACCOUNTS.
Committed Persons' Accounts
Amends section 353-20, Hawaii Revised Statutes, to permit the Director of Public Safety to direct the department to have one or more accounts for committed persons. Also states that the accounts are non-interest bearing and that no interest can be paid to committed persons on the individual accounts. (HB1152 CD1)
(S) 5/26/2009 -- Act 075, 5/26/2009 (Gov. Msg. No. 692). SAY (BR) PSM, WAM SB970
HB1166 HD1 SD2 CD1
RELATING TO THE PASSENGER FACILITY CHARGE SPECIAL FUND.
Airport Passenger Facility Charge Special Fund
Provides the Airports Division of the Department of Transportation with additional financing options utilizing its passenger facility charge revenues to construct airports capital improvement projects and to provide the statutory framework to permit the execution of these financial options. Effective July 1, 2009. (HB1166 CD1)
(S) 6/24/2009 -- Act 147, 6/24/2009 (Gov. Msg. No. 764). SAY (BR) TIA, WAM SB984
HB1174 HD3 SD2 CD1
RELATING TO THE UNIVERSITY OF HAWAII.
Mauna Kea; University of Hawaii
Authorizes the UH Board of Regents to charge fees and enter into lease agreements for the Mauna Kea lands, adopt rules to regulate public and commercial activities on Mauna Kea lands, and establish and collect administrative fines for violations. Establishes the Mauna Kea Lands Management Special Fund for the University of Hawaii to manage the Mauna Kea lands. Requires annual reports to the Legislature. (HB1174 CD1)
(S) 6/18/2009 -- Act 132, 6/18/2009 (Gov. Msg. No. 749). SAY (BR) HRE/WTL, WAM SB992
HB1175 HD3 SD2 CD1
RELATING TO TAXATION.
Cigarette Tax Increase
Increases the per-cigarette tax to 13 cents beginning July 1, 2009, 14 cents beginning July 1, 2010, and 15 cents beginning on July 1, 2011. (HB1175 CD1)
(S) 5/7/2009 -- Act 056, 5/7/2009 (Gov. Msg. No. 673). SAY (BR) HTH, WAM
HB1186 HD1
RELATING TO HOUSING DEVELOPMENT.
Affordable Housing; Planned Developments; Cash-In-Lieu
Eliminates the Hawaii community development authority's cash-in-lieu option for meeting reserved housing requirements, while retaining the option in cases of a fractional unit resulting from the percentage requirement calculation. (HB1186 HD1)
(S) 4/24/2009 -- Became law without the Governor's signature, Act 018, 4/23/2009, (Gov. Msg. No. 629). CABANILLA, BROWER, CHONG, Ito, Keith-Agaran, C. Lee, Luke, Morita, Nakashima, Souki EDH/WTL
HB1270 HD1 SD2
RELATING TO RENEWABLE ENERGY.
Public Utilities Commission; Renewable Energy
Deletes avoided cost by a utility in determining a just and reasonable rate for nonfossil fuel generated electricity. (SD2)
(H) 5/6/2009 -- Act 050, on 5/6/2009 (Gov. Msg. No. 338). MORITA, COFFMAN, EVANS, C. LEE, NISHIMOTO, THIELEN, TSUJI, Chang ENE, CPN
HB1271 HD3 SD2 CD1
RELATING TO GOVERNMENT.
Food and Energy Security
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
RELATING TO TORTS.
Joint Tortfeasors; Design Professionals
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
HB1351 HD2 SD1 CD1
RELATING TO PRIVATE AGRICULTURAL PARKS.
Agriculture; Private Agricultural Parks
Allows owners of contiguous parcels within the agricultural district to establish private agricultural parks registered with the department of agriculture. Specifies activities within a private agricultural park. (HB1351 CD1)
(S) 6/15/2009 -- Act 122, 6/15/2009 (Gov. Msg. No. 739). EVANS WTL
HB1362 HD1 SD2
RELATING TO GENETIC COUNSELORS.
Genetic Counselors
Establishes the genetic counseling licensure program within department of health. Requires licensure in order to use the title of "licensed genetic counselor". Provides exemptions from licensure requirements. (SD2)
(H) 7/16/2009 -- Became law without the Governor's signature, Act 191, 7/15/2009, (Gov. Msg. No. 548). MAGAOAY HTH, CPN
HB1364 HD1 SD1 CD1
RELATING TO THE BUDGET.
American Recovery and Reinvestment Act of 2009
Appropriates federal funds to various programs that are expected to receive funding during FY 2008-2009 under the American Recovery and Reinvestment Act of 2009. Reduces general fund appropriations for certain programs that receive offsetting federal funding. Appropriates additional federal Temporary Assistance for Needy Families funds for FY 2008-2009 under the federal Deficit Reduction Act of 2005. Appropriates additional general funds for FY 2008-2009 to the adult mental health outpatient program. Appropriates additional general funds for FY 2008-2009 to the Hawaii health systems corporation. (HB1364 CD1)
(S) 5/21/2009 -- Act 067, 5/20/2009 (Gov. Msg. No. 684). CHOY, AQUINO, COFFMAN, KEITH-AGARAN, C. LEE, NAKASHIMA, WOOLEY WAM
HB1378 HD2 SD2 CD1
RELATING TO ADVANCED PRACTICE REGISTERED NURSES.
Health Care; Advanced Practice Registered Nurse; Primary Care Provider; Prescriptive Authority; Endorsement Licensure
Requires insurers, mutual and fraternal benefit societies, and health maintenance organizations to recognize advanced practice registered nurses as primary care providers. Provides for licensure by endorsement. Grants global signature authority and prescriptive rights. Amends definition of advanced practice registered nurse. Requires the Insurance Commissioner to perform a review of the effects of this Act in two years. (HB1378 CD1)
(S) 7/2/2009 -- Act 169, 7/2/2009 (Gov. Msg. No. 788). M. LEE, CABANILLA, EVANS, MIZUNO, Rhoads HTH, CPN SB1045
HB1379 HD2 SD2 CD1
RELATING TO PHYSICIAN ORDERS FOR LIFE SUSTAINING TREATMENT.
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
RELATING TO THE GENERAL EXCISE TAX.
General Excise Tax; Definition of Engaging in Business; Out-of-State Business; Nexus Standard
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
HB1414 HD1 SD1
RELATING TO METAL.
Metal; Beer Kegs; Copper; Scrap Dealer; Theft
Repeals the July 1, 2009 "sunset" date in Act 53, SLH 2008, that established the misdemeanor offense of theft of beer keg and imposed recordkeeping requirements on scrap metal dealers that purchase beer kegs. Repeals the July 1, 2009 "sunset" date in Act 197, Session Laws of Hawaii 2007, which establishes the offense of theft of copper, documentation requirements when copper is sold to a scrap dealer, and related penalties. Effective June 30, 2009. (SD1)
(H) 5/6/2009 -- Act 044, on 5/6/2009 (Gov. Msg. No. 332). B. OSHIRO, KARAMATSU, Herkes CPN, JGO
HB1415 HD1 SD2 CD1
RELATING TO SERVICE OF PROCESS.
Service of Process; Condominiums; Planned Community Associations; Cooperative Housing
Requires condominium associations, planned community associations, and cooperative housing corporations with properties inaccessible to the public to establish a policy to provide access for a person authorized to serve civil process. Sunsets on July 1, 2012. (HB1415 CD1)
(H) 6/26/2009 -- Act 158, on 6/26/2009 (Gov. Msg. No. 459). B. OSHIRO, KARAMATSU, Herkes CPN, JGO
HB1422 HD1 SD1 CD1
RELATING TO ABANDONED VEHICLES.
Abandoned Vehicles; Private Roads; Counties
Allows counties to remove abandoned motor vehicles from private roads; requires owners of private roads to request removal in writing before vehicle is considered abandoned; requires private road owner to pay for removal and indemnify county for claims arising from removal and disposal. Effective 7/1/2009. Repealed on 1/1/2010. (HB1422 CD1)
(H) 7/16/2009 -- Became law without the Governor's signature, Act 193, 7/15/2009, (Gov. Msg. No. 550). NISHIMOTO (BR) TIA, JGO
HB1436 HD1 SD1
RELATING TO AGRICULTURE.
Agricultural District; Permitted Uses
Amends the permitted uses of land within the agricultural district with soil classifications of A or B to include agricultural education programs conducted on a farming operation. (SD1)
(H) 5/6/2009 -- Act 053, on 5/6/2009 (Gov. Msg. No. 341). ITO, CHANG, KARAMATSU, MAGAOAY, Carroll, Chong, Evans, Manahan, Marumoto, McKelvey, B. Oshiro, Rhoads, Tsuji, Yamashita WLO/AGR, EDN
HB1464 HD3 SD2 CD1
RELATING TO ENERGY RESOURCES.
Renewable Energy; Energy Efficiency
Provides for and encourages renewable energy use and development, and energy efficiency, including increasing requirements for renewable energy portfolio standard, expanding duties of the energy resources coordinator, establishing energy efficiency portfolio standards, requiring energy-efficient state buildings, requiring sellers to provide electricity-cost information, and appropriating funds from the Renewable Energy Facility Siting Special Fund. (HB1464 CD1)
(S) 6/25/2009 -- Act 155, 6/25/2009 (Gov. Msg. No. 772). MORITA, AWANA, BELATTI, CABANILLA, CHANG, EVANS, C. LEE, MANAHAN, MARUMOTO, MIZUNO, NISHIMOTO, B. OSHIRO, PINE, SAY, SHIMABUKURO, THIELEN, Chong, Ito, Sagum, Tsuji ENE, WAM SB1198
HB1470 HD1 SD1 CD1
RELATING TO HAWAII PUBLIC PROCUREMENT CODE.
Procurement Code Exemption; Sole Source; Federal Government
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
RELATING TO FARMS.
Safe Food Certification; Pilot Program
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
RELATING TO LABOR.
Little Davis Bacon Act; Fringe Benefits; Department of Labor and Industrial Relations
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
HB1483 HD1 SD1 CD1
RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR BETTER PLACE HAWAII, INC.
Energy; Better Place Hawaii, Inc.; Special Purpose Revenue Bonds
Authorizes the issuance of special purpose revenue bonds to assist Better Place Hawaii, Inc., in the planning, designing, construction, and development of transportation infrastructure, equipment, and apparatus to support electric vehicles in Hawaii. (HB1483 CD1)
(S) 6/12/2009 -- Act 114, 6/11/2009 (Gov. Msg. No. 731). COFFMAN, MORITA ENE, WAM
HB1495 HD1 SD1 CD1
RELATING TO STATE INCOME TAX.
Hawaii State Income Tax; Repeal Wagering Loss Deduction
Repeals the deduction of wagering losses for Hawaii state income tax purposes. (HB1495 CD1)
(H) 7/1/2009 -- Act 165, on 7/1/2009 (Gov. Msg. No. 467). CHONG, B. OSHIRO WAM
HB1504 HD1 SD2 CD1
RELATING TO HEALTH.
Universal Health Care; Hawaii Health Authority
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
HB1512 HD1 SD1 CD1
RELATING TO TEMPORARY RESTRAINING ORDERS.
Temporary Restraining Order; Household Animals
Authorizes family court to authorize the issuance of a temporary restraining order in certain circumstances involving an animal identified to the court as belonging to a household. Effective 1/1/10. (HB1512 CD1)
(H) 6/26/2009 -- Act 159, on 6/26/2009 (Gov. Msg. No. 460). KARAMATSU JGO
HB1525 HD1 SD2 CD1
RELATING TO MEDICAID.
Medicaid; Contracts; Health and Human Services
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
HB1536 HD2 SD1 CD1
RELATING TO SALARIES.
Salary Reduction
Reduces the salaries of the governor, lieutenant governor, justices and judges of all state courts, administrative director of the state, departmental directors and deputy directors, and members of the legislature. Ties in vacation and sick leave to that of collective bargaining for unit (13). Effective upon approval. (HB1536 CD1)
(H) 6/2/2009 -- Act 085, on 6/2/2009 (Gov. Msg. No. 381). AQUINO, CHOY, COFFMAN, KEITH-AGARAN, C. LEE, NAKASHIMA, WOOLEY JGO/WAM
HB1537 HD1
RELATING TO AUTOMATED EXTERNAL DEFIBRILLATORS.
Automated External Defibrillator Training; Immunity from Civil Liability
Specifies that any person who provides for an automated external defibrillator training program is generally immune from vicarious civil liability resulting from any act or omission of a Good Samaritan attempting to use the device to resuscitate a person. (HB1537 HD1)
(S) 4/23/2009 -- Act 017, 4/23/2009 (Gov. Msg. No. 628). BROWER, BERG, CABANILLA, CHANG, CHING, COFFMAN, FINNEGAN, HANOHANO, HERKES, ITO, KARAMATSU, C. LEE, M. LEE, MANAHAN, MARUMOTO, MIZUNO, MORITA, NAKASHIMA, NISHIMOTO, B. OSHIRO, PINE, SHIMABUKURO, TAKAI, TAKUMI, THIELEN, TOKIOKA, WAKAI, WARD, YAMANE, Aquino, Awana, Belatti, Bertram, Carroll, Chong, Choy, Evans, Har, Keith-Agaran, Luke, Magaoay, McKelvey, M. Oshiro, Rhoads, Sagum, Saiki, Say, Souki, Tsuji, Wooley, Yamashita HTH, JGO SB727
HB1538 HD1 SD1
RELATING TO ENVIRONMENTALLY-SENSITIVE PRODUCTS.
Health; Environment; Cleaning Products; Public Schools
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
RELATING TO TAX EXEMPTIONS.
Taxation; Exemptions; Phaseout
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
RELATING TO TAXATION.
Taxation; Deferred Compensation Plans; Annuity Plans
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
RELATING TO PUBLIC LANDS.
State Living Parks; Living Park Planning Council
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
RELATING TO LABELING OF MEAT AND FISH PRODUCTS.
Fish; Meat; Labeling
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
HB1627 HD2 SD2 CD1
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS.
Special Purpose Revenue Bonds; Carbon Diversion Inc.
Authorizes issuance of special purpose revenue bonds for Carbon Diversion Inc., for development of non-fossil fuel energy production. (HB1627 CD1)
(S) 6/12/2009 -- Act 112, 6/11/2009 (Gov. Msg. No. 729). EVANS, HANOHANO, HERKES, Nakashima ENE, WAM
HB1628 HD1 SD2 CD1
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST BIOENERGY HAWAII, LLC.
Energy; BioEnergy Hawaii, LLC; Special Purpose Revenue Bonds
Authorizes the issuance of special purpose revenue bonds to assist BioEnergy Hawaii, LLC, establish a cogeneration facility and related energy production facilities. (HB1628 CD1)
(S) 6/12/2009 -- Act 110, 6/11/2009 (Gov. Msg. No. 727). EVANS, HANOHANO, Herkes, Nakashima ENE, WAM
HB1676 HD1 SD2 CD1
RELATING TO PUBLIC WORKS.
Public Works; Special Purpose Revenue Bonds; Prevailing Wages
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
HB1678 HD1 SD2 CD1
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS.
Special Purpose Revenue Bonds; LifeGrid Solutions, LLC
Authorizes special purpose revenue bonds for LifeGrid Solutions, LLC, for the development of non-fossil fuel energy production. (HB1678 CD1)
(S) 6/12/2009 -- Act 109, 6/11/2009 (Gov. Msg. No. 726). B. OSHIRO, CHONG, MORITA, SAY, YAMASHITA ENE, WAM
HB1692 HD2 SD2 CD1
RELATING TO HOUSING.
Low-income Housing; Rental Leases
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
HB1696 HD2 SD1 CD1
RELATING TO MOTOR VEHICLE RENTAL INDUSTRY.
Motor Vehicle Rental Industry
Replaces "collision damage waiver" with "damage waiver" in the motor vehicle rental industry law. Repeals requirement to place notices of certain vehicle laws in each rental vehicle and repeals power of DCCA to prescribe form of signs to be posted at rental sites. Repeals requirement to submit collision damage waiver statistics to DCCA but requires rental car companies to maintain damage waiver statistics for three years and provide statistics to DCCA upon request. Effective 07/01/2009. (HB1696 CD1)
(S) 6/24/2009 -- Act 148, 6/24/2009 (Gov. Msg. No. 765). SOUKI TIA, CPN
HB1713 HD2 SD2 CD1
RELATING TO HAZARDS.
Hazard Mitigation; Private Property
Authorizes the governor to designate state employees, when no emergency exists, to enter on private property to mitigate hazardous situations after giving the landowner and occupier notice and a reasonable opportunity to mitigate the hazardous situation without assistance of the State. May seek recovery and reimbursement of costs and expenses. Extends sunset date for Act 78, Session Laws of Hawaii 2007, until June 30, 2010. (HB1713 CD1)
(S) 5/26/2009 -- Act 076, 5/26/2009 (Gov. Msg. No. 693). WOOLEY JUD, PBS, FIN
HB1739 HD1 SD1 CD1
RELATING TO TAXATION.
Taxation; Tax Preparers; Tax Administration; Penalty and Enforcement; Conformity
Deters tax fraud and conforms Hawaii tax law to the Internal Revenue Code for tax preparers and tax return accuracy-related issues, promotes expedited tax appeals, authorizes the Department of Taxation to adopt temporary rules, and clarifies taxpayer rights with respect to tax appeals. (HB1739 CD1)
(H) 7/1/2009 -- Act 166, on 7/1/2009 (Gov. Msg. No. 468). SAY, YAMASHITA WAM
HB1741 HD1 SD1 CD1</