House Approves 61 Senate Bills for Final Crossover

With one day left before the Second Crossover deadline, the House today passed its final 61 Senate bills. These bills now head back to the Senate for their consideration. If the Senate does not agree to amendments made by the House, the bills will be negotiated in conference committees. To date, more than 220 bills have crossed over from the House to the Senate.

Key measures that passed by the House include a proposed amendment to the State Constitution to fund public education, stricter gun control policies, the establishment of paid family leave, and a ban on sunscreens containing oxybenzone. Listed below are some highlights from today’s session:

Education

SB2922 SD1 HD1 Proposes an amendment to the Constitution of the State of Hawai‘i to authorize the Legislature to establish, as provided by law, a surcharge on investment real property to support public education.

SB134 SD1 HD2 Prohibits smoking and tobacco use, including the use of electronic smoking devices, by any person on the premises of the University of Hawai‘i.

Firearms

SB2046 SD1 HD1 Prohibits manufacture, importation, sale, transfer, and possession of bump fire stocks, multiburst trigger activators, and trigger cranks.

SB2436 SD2 HD1 Shortens the time period for voluntary surrender of firearms and ammunition upon disqualification from ownership, possession, or control from 30 calendar days to seven business days.

Family Leave

SB2990 SD2 HD2 Establishes the Paid Family Leave Implementation Board to assist the Department of Human Services in establishing paid family leave for all workers in the State. Authorizes DHS to adopt rules, including interim rules by January 1, 2020. Establishes a Paid Family Leave Special Fund and a Paid Family Leave Supplementation Special Fund.

Sunscreen

SB2571 SD2 HD2 Beginning July 1, 2019, bans the sale, offer of sale, or distribution in the State of any sunscreen that contains oxybenzone or octinoxate, or both, without a prescription issued by a licensed healthcare provider, to preserve marine ecosystems. Appropriates moneys to the Department of Land and Natural Resources for outreach and education on the prohibition and environmental impacts of sunscreen containing oxybenzone and octinoxate.

Homelessness

SB2401 SD2 HD1 Establishes and appropriates funds for a three-year housing homeless children pilot program to assist families with minors experiencing, or at imminent risk of, homelessness due to domestic violence, to obtain and maintain permanent housing. Appropriates funds for public housing improvements and renovations and to support Department of Health and Department of Human Services programs to end homelessness. Provides that the Hawai‘i Public Housing Authority may procure case management and counseling services for the housing homeless children pilot program without adhering to the State Procurement Code.

Sexual Violence

SB2719 SD1 HD1 Extends the period during which a victim of child sexual abuse may bring an otherwise time-barred civil action against the victim’s abuser or an entity with a duty of care.

Domestic Violence

SB2346 SD1 HD1 Establishes the Address Confidentiality Program in the Department of the Attorney General to help survivors of domestic abuse, sexual assault, and stalking to relocate and keep the location of their physical address confidential. Makes an appropriation to the Department of the Attorney General.

Conversion Therapy Ban

SB270 SD1 HD2 Prohibits persons who are licensed to provide professional counseling in the State from engaging in, attempting to engage in, or advertising the offering of sexual orientation change efforts on minors. Establishes the Sexual Orientation Counseling Task Force to address the concerns of minors seeking counseling on sexual orientation, gender identity, gender expressions, and related behaviors.

Tobacco

SB2654 SD2 HD2 Prohibits the shipment of tobacco products, and the transport of tobacco products ordered or purchased through a remote sale, to anyone other than a licensee. Makes all provisions of the cigarette tax and tobacco tax law that relate to tobacco products applicable to e-liquid. Increases the license fee for wholesalers or dealers and the retail tobacco permit fee. Amends the taxes on cigarettes and tobacco products. Increases the excise tax for each cigarette or little cigar sold, used, or possessed by a wholesaler or dealer. Increases the excise tax on the wholesale price of each article or item of tobacco products, other than large cigars, sold by the wholesaler or dealer. Establishing an electronic smoking device retailer registration unit within the Department of the Attorney General. Amends the Penal Code. Regulates the delivery and sale of electronic smoking devices to purchasers within the State.

Housing

SB2293 SD2 HD3 Requires the County of Maui to pursue remedies to recoup moneys expended for the Front Street Apartments affordable housing project from the owners. Appropriates moneys from the HHFDC rental assistance program as a rental subsidy for Front Street Apartments tenants, subject to matching dollar for dollar funds. Appropriates HHFDC revenues for the expedited construction of the Leialii affordable housing project, subject to the County of Maui expediting the permitting process.

SB2402 SD2 HD1 Specifies that certain provisions of the Internal Revenue Code related to at-risk rules and deductions and to passive activity loss do not apply with respect to claims for the state low-income housing tax credit after December 31, 2018.

SB2424 SD2 HD1 Authorizes the construction and use of micro housing units on Hawaiian home lands approved by the Department of Hawaiian Home Lands, and leased to native Hawaiian beneficiaries who meet the minimum Hawaiian blood quantum requirement, notwithstanding county zoning laws. Authorizes the use of the Hawaiian Home Loan Fund and Hawaiian Home General Loan Fund for assistance in purchasing or renting micro housing units for use on approved Hawaiian home lands and leased to beneficiaries who meet the minimum Hawaiian blood quantum requirement. Makes appropriations to the Department of Hawaiian Home Lands for construction of micro housing units, subject to certain conditions, and to build general organizational capacity of native Hawaiian-controlled nonprofit housing developers.

Extended Terms for Negligent Homicide

SB2582 SD1 HD1 Authorizes the courts to impose an extended term of imprisonment for an offender who is convicted of negligent homicide in the first degree and did not remain at the scene of the crime and render reasonable assistance to an injured person.

Service Animals

SB2461 SD1 HD1 Establishes a civil penalty for knowingly misrepresenting an animal as a service animal. Conforms Hawai‘i law with the definition of “service animal” under the Americans with Disabilities Act of 1990.

Public Safety

SB2334 SD2 HD2 Requires the State and counties to incorporate predictions of sea level rise and other climate change hazards and mitigation opportunities into applicable plans, strategies, and mapping. Requires PUC to consider the findings in the Hawai‘i Sea Level Rise Vulnerability and Adaptation Report.

Mopeds

SB2854 SD1 HD2 Establishes a fine not to exceed $100 for moped owners who fail to comply with moped registration requirements.

County Land Use

SB2524 SD1 HD1 Prohibits residential or congregate use of sheds or other structures on agricultural lands. Prohibits residential development on lands previously or currently in a preservation zoning district. Requires condominium property regimes to comply with county subdivision or equivalent requirements subject to exceptions. Requires that an application for registration of a project in a county agricultural zoning district or preservation zoning district include a verified statement, signed by an appropriate county official, that the project is in compliance with any applicable supplemental county ordinances, county subdivision standards, and other rules, and an agricultural business plan, farm plan, or conservation plan.