Bills on Prison Overcrowding, Quiet Title Advance
As the Thursday’s crossover deadline approaches, the state House passed 159 additional bills to alleviate prison crowding, support affordable housing initiatives, protect kupuna from physical and financial exploitation, address quiet title cases and fight invasive species, among others.
The House voted to advance other bills including measures addressing the state’s goals on cyber security, crime, homeless support and tax relief. House leaders say these measures reflect the focus of the House majority on improving the lives of the people in Hawaiʻi.
“Among the many needs that we are addressing this session is helping our low- and middle-income families ease their financial burden and increase rental and affordable housing support for them,” said House Speaker Joseph M. Souki of Maui.
“We have passed bills to expand the renters income and food tax credit for low-income households, authorized the issuance of general obligation bonds for rental housing and mixed use affordable rental housing, updated the loan program to assist low- and moderate-income households to become first-time homebuyers, and established a loan fund for developers to finance infrastructure costs of affordable rentals and fee simple housing developments,” Speaker Souki said.
The House now stands in recess and will reconvene to take action on any remaining final measures for third reading on Thursday, March 19 at noon. To date, the House has approved more than 360 bills this session.
Key measures passed by the House today include the following:
Rep. Tulsi Gabbard toured the Maui Community Correctional Center as part of her ongoing focus on reforming the criminal justice system. Courtesy photo.
HB1246 HD2 authorizes electronic monitoring and surveillance of offenders in programs that offer alternatives to incarceration.
HB462 HD2 requires the Department of Public Safety to solicit proposals for a new correctional facility.
Housing Support
HB488 HD2 authorizes the issuance of general obligation bonds for rental housing, mixed-use affordable rental housing, a multi-use juvenile services and shelter center, and public housing. Appropriates funds for public housing security improvements, renovation, and repairs.
HB207 HD2 expands the low-income household renters’ income tax credit based on adjusted gross income and filing status.
HB530 HD2 updates and expands the Downpayment Loan Program under the Hawaii Housing Finance and Development Corporation and establishes the Downpayment Loan Loss Reserve Program to assist low- and moderate-income households to become first-time homebuyers.
HB660 HD2 establishes the Infrastructure Development Loan Revolving Fund to make loans to developers to finance the costs of the infrastructure of affordable rental and fee simple housing developments, and appropriates funds for this purpose.
Kupuna Protection
HB199 HD2 authorizes the Department of Human Services to investigate allegations of the physical isolation of vulnerable adults and take corrective action including obtaining judicial relief.
HB432 HD2 makes financial exploitation of an elder by a caregiver a felony.
rose-ringed parakeet on Kauaʻi
Invasive Species
HB655 HD1 appropriates funds to the Department of Land and Natural Resources to assist the National Wildlife Research Center of the US Department of Agriculture to research the negative impacts of the rose-ringed parakeet on Kauaʻi and develop and implement a control plan to reduce the negative impacts.
HB1006 HD1 appropriates funds to the Hawaiʻi ant lab for personnel and equipment to support mitigation of the little fire ant.
HB1301 HD2 provides that a person or entity that is determined by the Hawaiʻi Invasive Species Council to have introduced an invasive species into the state may be strictly liable for all or part of the expenses to eradicate the invasive species from the state.
HB606 HD2 authorizes the counties to enter private property to control or eradicate invasive species and pests.
Other important bills passing the House today and moving to the Senate include:
Homeless Support
HB1240 HD2 appropriates funds to the Department of Human Services for the coordinated Statewide Homeless Initiative to prevent homelessness and rehouse individuals in the State.
Taxes, graphic by Wendy Osher.
Taxes
HB209 HD1 HB209 HD1 expands the low-income household renters income tax credit based on adjusted gross income and filing status. Establishes a state earned income tax credit. Restores the tax rates for high income brackets that were repealed in 2015. Removes the sunset date for the refundable food/excise tax credit.
HB932 HD1 Gradually increases the credit amounts and amends the income brackets of the refundable food/excise tax credit.
HB1012 HD2 temporarily disallows the deduction for dividends paid by real estate investment trusts for a period of 15 years, but with an exception for dividends generated from trust-owned housing that is affordable to households with incomes at or below 140 percent of the median family income as determined by the United States Department of Housing and Urban Development.
HB1471 HD3 requires transient accommodations to register as tax collection agents to collect and remit general excise and transient accommodations taxes on behalf of operators and plan managers using their services. Ensures that the subject property is in compliance with applicable land use laws. Allocates $1 million of TAT revenues to each county for FY 2017-2018 to comply and enforce county ordinances regulating transient vacation rentals. Creates a surcharge tax on transient accommodations brokers.
HB263 HD2 amends provisions related to licensed medical marijuana dispensaries by imposing general excise tax on a percentage of dispensaries’ gross proceeds or gross income and allocating a portion of GET revenues received from dispensaries to the Medical Marijuana Registry and Regulation Special Fund.
Agriculture
HB961 HD2 excludes for income tax purposes a portion of income earned by farmers who grow or raise food or value–added food products within the state and whose annual gross income does not exceed a certain amount.
HB2 HD2 authorizes tiny homes of less than 500 square feet for farm workers in agricultural districts in a county with a population of more than 180,000 but less than 250,000.
Veterans
HB168 HD1 appropriates funds for the planning and design of a memorial to honor service members of the recent conflicts in the Persian Gulf, Iraq, Afghanistan, and the various theaters of the Global War on Terrorism, to be located at the Hawaiʻi State Veterans Cemetery in Kaneʻohe and replicas to be located at state veterans cemeteries statewide.
Cyber Security
HB 598 HD2 authorizes and provides funding for the University of Hawaiʻi to participate in and contribute funding for the development of a Hawaiʻi cyber ecosystem and related aspects of cyber security.
HB814 HD2 adopts uniform laws on protecting the online accounts of employees and students from employers and educational institutions, respectively.
UH Promise Program
HB1591 HD2 establishes the Hawaii Promise Program to provide scholarships for the unmet direct cost needs of qualified students enrolled at a University of Hawaii community college.
Maui fireworks. Photo by Wendy Osher.
Crime
HB1501 HD2 reclassifies drug paraphernalia possession and delivery offenses from felonies to violations subject to a fine of $100.
HB1172 HD2 allows probable cause for fireworks offenses to be established from statements from witnesses and photographs, video, and other recordings authenticated by witnesses.
HB680 HD2 Requires licensees under the Board of Barbering and Cosmetology to complete a one-time awareness education program on intimate partner violence awareness and education
Police disclosure
HB456 HD1 requires police departments to disclose to the Legislature the identity of an officer upon the officer’s second suspension in a five-year period or discharge, as well as certain employment misconduct related information upon an officer’s second suspension in a five year period.
Transportation
HB727 HD1 Allows motorcycles and motor scooters to pass between two same-bound lanes when traffic is stopped.
Civil Rights
HB1489 HD1 prohibits a state agency or program or activity receiving state financial assistance from excluding from participation, denying benefits to, or discriminating against a qualified individual by reason of disability, sex, including gender identity or expression, or sexual orientation.
Quiet Title
HB860 HD1 provides that: (1) actions for quiet title of kuleana lands shall be subject to mandatory mediation; (2) court cases by the same plaintiff that seeks quiet title for separate kuleana lands within the same court circuit shall be consolidated; (3) defendant’s access for cultural and traditional practices shall not be alienated or extinguished; and (4) plaintiff shall not recover costs, expenses, or attorney’s fees from the defendant.
Finley’s Law
HB561 HD2 called “Finley’s Law,” this bill requires dentists who administer general anesthesia, deep sedation, or moderate (conscious) sedation to post notice of contact information for verification of the dentist’s licensure and authorization or permit to administer anesthesia and perform sedation.
Sex Abuse Prevention
HB 930 creates and appropriates funds for Erin’s Law Task Force to review policies, programs, and curricula for educating public school students about sexual abuse and sex trafficking prevention, and report recommendations for the establishment of a program to educate public school children on sexual abuse prevention through age appropriate curricula.
Elections
HB1581 HD1 requires candidates for President and Vice President of the United States to disclose their federal income tax returns in order for their names to appear on a Hawaii ballot and prohibits Hawaii’s electoral college electors from voting for a candidate who has not disclosed this information.
Landlord-Tenant Code
HB223 HD2 allows a landlord or landlord’s agent to charge an application screening fee as part of the applicant screening process for renting residential property. Sets limits on the amount of the application screening fee and requires the landlord or agent to return any unauthorized fee amounts to the applicant.
Reef Fish Collecting
HB1457 HD2 Places a temporary moratorium on the issuance of new aquarium fish collecting permits until the Department of Land and Natural Resources has developed a comprehensive plan for the sustainable management of nearshore reef wildlife.
Drones
HB314 HD1 establishes prohibited uses of unmanned aerial vehicles for individuals, law enforcement agencies, and public agencies. Provides certain exceptions for the use of unmanned aerial vehicles. Makes certain uses of an unmanned aerial vehicle a petty misdemeanor and misdemeanor and Class C felony for a second of subsequent violations.
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