KITV4 at 5&6am: New Hawaii Laws Starting July 1

Published On: Jun 30 2011 05:13:43 AM HST
Updated On: Jun 30 2011 05:14:51 AM HST

On Friday, all of the laws listed below will become effective throughout the state of Hawaii.

The abbreviation HB stands for House bill while SB stands for Senate Bill. That notes where the legislation originated.

SB 704 RELATING TO RENEWABLE ENERGY. Renewable Energy; Public Utilities Commission Exempts certain third party owners and operators of on-site renewable energy systems from regulation as public utilities by the public utilities commission.

SB 27 RELATING TO LONG-TERM CARE INSURANCE. Long-Term Care Insurance -- Removes long-term care insurance from the definition of "accident and health or sickness insurance" and related terms within the insurance code; removes reference to insurance fraud statute.

SB 35 RELATING TO THE MOTOR VEHICLE INDUSTRY LICENSING ACT. Motor Vehicle Industry Licensing Act -- Amends section of motor vehicle industry licensing act to reflect updated statutory cross-references and make nonsubstantive technical amendments.

HB 1622 RELATING TO HISTORIC PRESERVATION. Memorial; Law Enforcement -- Requires the construction of a state law enforcement memorial in the capitol district, provided private funds are solicited and used for the construction of the memorial.

HB 1067 RELATING TO THE TRANSFER OF YOUTH TO AN ADULT CORRECTIONAL FACILITY. Youth; Transfer to Adult Correctional Facility -- Repeals the authority of the Executive Director of the Office of Youth Services to transfer youth committed to the Hawaii Youth Correctional Facility to adult correctional facilities for disciplinary or other reasons.

HB 112 RELATING TO CABLE TELEVISION SYSTEMS. Cable Television Systems; PEG Access Organizations -- Allows the Director of Commerce and Consumer Affairs to designate an access organization to oversee public, educational, and governmental channels on cable television.

HB 775 RELATING TO THE PHOTO ENFORCEMENT REVOLVING FUND. Photo Enforcement Revolving Fund; Transfer to General Fund -- Transfers all moneys in the photo enforcement revolving fund to the general fund.

SB 1327 RELATING TO PASSENGER FACILITY CHARGES. Transportation; Passenger Facility Charges; Revenues; Special Fund -- Authorizes the Department of Transportation to collect increases in passenger facility charges without amending the administrative rules.

HB 439 RELATING TO EVIDENCE. Evidence; Presumptions -- Extends evidentiary presumptions regarding publications and legal opinions to those posted to government websites.

HB 1069 RELATING TO EFFECT OF FINDING OF UNFITNESS TO PROCEED. Effect of Finding of Unfitness to Proceed -- Establishes specific time frames for a commitment or release on conditions when unfit defendants are charged with petty misdemeanors for sixty days, and non-violent misdemeanors for one hundred twenty days.

SB 2 RELATING TO THE PUBLIC LAND. Public Lands; Information System; DLNR; Appropriation -- Requires the department of land and natural resources to initiate and coordinate all efforts to establish a public lands information system. Requires all state agencies to report to the department each parcel of land to which it holds title; the disposition of each parcel to which the agency holds title or is acquiring title; and any inaccuracies in reports to the department. Requires the department to submit a progress report to the Legislature. Appropriates funds to create and maintain a comprehensive statewide public land trust inventory database and to provide funding for one staff position for a database and application developer.

SB 1555 RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES. Public Land Development Corporation; DLNR; Appropriation -- Establishes the public land development corporation to administer an appropriate and culturally-sensitive public land development program. Allows the HCDA to provide assistance to the public land development corporation. Appropriates funds for the corporation and three staff positions.

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST WINDWARD NAZARENE ACADEMY. Special Purpose Revenue Bonds; Windward Nazarene Academy -- Authorizes the issuance of special purpose revenue bonds for Windward Nazarene Academy.

HB 404 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST PALOLO CHINESE HOME AND ITS SUBSIDIARIES. Special Purpose Revenue Bonds -- Authorizes the issuance of special purpose revenue bonds to assist Palolo Chinese Home in financing the capital costs related to the expansion, construction, and rebuilding of its health care facilities.

HB 301 RELATING TO THE JUDICIARY COMPUTER SYSTEM SPECIAL FUND. Judiciary Computer System Special Fund; Fees -- Directs into the Judiciary Computer System Special Fund fees collected for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data.

HB 300 RELATING TO THE JUDICIARY. Judiciary; Appropriations -- Appropriates funds for the judiciary for the fiscal biennium beginning July 1, 2011, and ending on June 30, 2013.

RELATING TO THE PENAL CODE. Penal Code; Domestic Violence Victim Protection -- Amends certain criminal offenses to include conduct committed against domestic violence victims covered by protective orders or restraining orders.

HB 1004 RELATING TO CHAPTER 480, HAWAII REVISED STATUTES. Antitrust -- Clarifies the existing antitrust law to reconfirm the right or government entities to bring an action for damages notwithstanding their status as indirect purchasers.

SB 1347 RELATING TO THE PUBLIC UTILITIES COMMISSION. Public Utilities; Electronic Filing; Renewable Portfolio Standard; Public Utilities Commission -- Requires the public utilities commission to begin to accept filings and applications in paper form and electronically no later than July 1, 2011, and to accept either paper or electronic documents no later than July 1, 2013; authorizes an electric utility company and its subsidiaries to use an automatic rate adjustment clause to meet revenue requirements when aggregating renewable portfolios to meet renewable portfolio standards.

HB 49 RELATING TO ARMED FORCES SERVICE MEMBERS. Disposition of Body; Armed Forces Services Members -- Recognizes the federally prescribed DD Form 93, or its successor form, as an acceptable method of determining the person authorized to direct disposition of an armed forces service member's remains.

HB 1088 RELATING TO CORRECTIONS. Corrections; Medical Treatment -- Adds a section to chapter 353, Hawaii Revised Statutes, relating to the mental health treatment of inmates and detainees in the custody of the Department of Public Safety.

HB 1085 RELATING TO CONTROLLED SUBSTANCES. Relating to Controlled Substances -- This measure amends chapter 329, Hawaii Revised Statutes, to bring the Hawaii statutes on controlled substances to be consistent with the federal laws on controlled substances, and increases the fee for the registration certificate for qualifying patients for medical marijuana.

HB 44 RELATING TO PROSTITUTION. Prostitution; Solicitation -- Makes it a misdemeanor to offer or agree to pay a fee to another person to engage in sexual conduct within seven hundred fifty feet of a school or public park.

HB 931 RELATING TO SMALL BOAT HARBORS. Small Boat Harbors -- Defines the term "regularly navigated" regarding vessels moored in small boat harbors.

HB 1082 RELATING TO THE CONSERVATION AND RESOURCES ENFORCEMENT SPECIAL FUND. Conservation and Resources Enforcement Special Fund -- Establishes the Conservation and Resources Enforcement Special Fund in the Department of Land and Natural Resources for the purpose of setting aside moneys to be used toward the protection of the State's natural, cultural, and historic resources.

HB 1004 RELATING TO CHILD SUPPORT ENFORCEMENT. Child Support Enforcement -- Includes tribal Title IV-D agencies and foreign countries as defined under federal regulations as authorized agencies that child support services and information can be provided to and received from.

HB 1045 RELATING TO INSURANCE. Insurance; Risk-Based Capital -- Updates the Insurance Code to adopt the revisions to the National Association of Insurance Commissioners model laws and regulations for risk-based capital trend test for property and casualty insurers required for accreditation.

HB 1049 RELATING TO INSURANCE. Insurance -- Updates the Insurance Code and related provisions.

HB 1060 RELATING TO INFORMATION TECHNOLOGY. Information Technology; Chief Information Officer; Shared Services Technology Special Fund; Appropriation -- Moves the Chief Information Officer (CIO) from the Office of the Governor to the Department of Accounting and General Services (DAGS). Authorizes the CIO to employ persons not subject to chapters 76 and 89. Allocates three percent of central service fees collected to the Shared Services Technology Special Fund (Fund). Transfers the Fund from the Department of Budget and Finance to DAGS. Appropriates funds.

SB 1329 RELATING TO MOTOR VEHICLE WEIGHT TAX. Motor Vehicle; Weight Tax; State Highway Fund; Operations; Maintenance -- Increases the state motor vehicle weight tax.

HB 855 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST PACIFIC POWER AND WATER COMPANY, INC., IN THE DEVELOPMENT OF HYDROPOWER FACILITIES IN HAWAII. Special Purpose Revenue Bonds; Pacific Power and Water Company, Inc. -- Authorizes the issuance of special purpose revenue bonds to assist Pacific Power and Water Company, Inc. with the planning, permitting, designing, construction, equipping, and operating hydropower facilities throughout the State.

HB 423 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS. Special Purpose Revenue Bonds; Carbon Bio-Engineers, Inc. -- Authorizes issuance of special purpose revenue bonds for Carbon Bio-Engineers, Inc., for development of non-fossil fuel energy production.

HB 1286 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST BIOENERGY HAWAII, LLC. Special Purpose Revenue Bonds; BioEnergy Hawaii -- Authorizes the issuance of special purpose revenue bonds to assist BioEnergy Hawaii, LLC, establish a cogeneration facility and related energy production facilities for electrical output or biofuels energy, or both. Repeals Act 110, Session Laws of Hawaii 2009, authorizing special purpose revenue bonds to assist BioEnergy Hawaii.

HB 1394 RELATING TO HAWAII PUBLIC HOUSING AUTHORITY. Hawaii Public Housing Authority; Development; Mixed Use -- Authorizes the Hawaii Public Housing Authority to enter into contracts with developers to develop public housing projects in exchange for commercial space in the project.

SB 1331 RELATING TO THE UNIVERSITY OF HAWAII. University of Hawaii; Reporting Requirements -- Temporarily requires additional reporting by the University of Hawaii on special and revolving funds that carry an unencumbered cash balance of $1,000,000 or more or a cash deficit of $1,000,000 or more, at the end of the previous fiscal year, where that balance or deficit is greater than twenty-five per cent of the previous fiscal year's expenditures. Repeals on 6/30/2016.

SB 1281 RELATING TO EDUCATION. Committee on Weights; Weighted Student Formula -- Amends Chapter 302A, Hawaii Revised Statutes, to require the Committee on Weights to meet not less than once every odd-numbered year, rather than annually.

HB 773 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR SAINT LOUIS SCHOOL. SPRB; Saint Louis School -- Authorizes the issuance of special purpose revenue bonds for Saint Louis School.

HB 400 RELATING TO THE BUDGET OF THE OFFICE OF HAWAIIAN AFFAIRS. OHA Budget -- Appropriates funds for the operating and capital improvement budget of the Office of Hawaiian Affairs for fiscal years 2011-2012 and 2012-2013.

SB 570 RELATING TO TAXATION. Taxation; Deductions; Personal Exemption -- Eliminates the deduction for state taxes paid for taxpayers with income above specified thresholds. Places temporary limitations on claims for itemized tax deductions. Delays the standard deduction and personal exemption increases approved under Act 60, SLH 2009, while also making those increases permanent.

HB 1070 RELATING TO CONDITIONAL RELEASE TIMEFRAMES. Conditional Release Time Frames -- Specifies that any person acquitted on the grounds of a physical or mental defect and who was charged with a petty misdemeanor, misdemeanor, or violation can be granted conditional release for no more than one year.

SB 1241 RELATING TO CONVEYANCE TAX. Conveyance Tax Exemption; Low-income Housing Development -- Repeals conveyance tax exemption for low-income housing projects certified by the Hawaii Housing Finance and Development Corporation.

HB 801 RELATING TO TAXATION. Department of Taxation; Subpoena Authority Clarifies the Department of Taxation's subpoena authority for civil and criminal tax investigations.

HB 828 RELATING TO TAXATION. Tax Administration; Cash Economy; Receipts and Records -- Clarifies violations of record and receipt requirements. Limits fines for violation if person is otherwise in compliance with tax laws to a level commensurate with the violation, as determined by the Department of Taxation in accordance with rules adopted under chapter 91, Hawaii Revised Statutes.

SB 1186 RELATING TO THE TRANSIENT ACCOMMODATIONS TAX. Transient Accommodations Tax; Minimum Daily Tax; Time Share Rate; County Distribution -- Applies a daily transient accommodations tax to each transient accommodation furnished on a complimentary or gratuitous basis, or otherwise at no charge. Imposes a ceiling on the amount of transient accommodation tax funds transferred to the tourism special fund and to the counties from 7/1/2011 through 6/30/2015.

HB 1039 RELATING TO TRANSPORTATION. Transportation; Guaranteed Rent Adjusting Formula Provides rent relief to airport concessionaires that do not have a self-adjusting rent formula. Extends sunset date of Act 33, First Special Session Laws of Hawaii 2009, until July 1, 2013. Increases the rental motor vehicle surcharge tax under section 251-2(a), Hawaii Revised Statutes, to $7.50 per day until July 1, 2013.

SB 754 RELATING TO TAXATION. General Excise and Use Taxes; Temporary Suspension; Exemption for Certain Persons and Gross Amounts -- Suspends temporarily the exemptions for certain persons and certain amounts of gross income or proceeds from the general excise and use tax and requires the payment of both taxes at a four per cent rate. Effective 7/1/2011, and sunsets on 6/30/2013.

SB 1278 RELATING TO INSURANCE. Insurance; Conformity -- Adopts model regulations of National Association of Insurance Commissioners in conformity with senior investor protections in Section 989A of the federal Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

HB 1071 RELATING TO MENTAL HEALTH RELEASE ON CONDITIONS OF A PERSON FOUND UNFIT TO STAND TRIAL. Mental Health Release on Conditions of a Person Found Unfit to Stand Trial -- Requires the Department of Health to provide a fitness restoration program for defendants unfit to proceed with court proceedings and on conditional release, and to report information regarding defendant's program and compliance to the prosecutor of the county where the defendant was charged.

SB 1290 RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED. Hawaiian Home Lands Lessees; Loans -- Increases the limits of the State's liability from $50,000,000 to $100,000,000 for moneys borrowed by the department of Hawaiian home lands (DHHL) or loans made to lessee-beneficiaries that are guaranteed by DHHL.

HB 319 RELATING TO OWNER-BUILDERS. Contractors; Owner-Builders -- Clarifies that an owner with an open permit may be exempt, upon a showing of hardship, from the prohibition on sale of lease of a property constructed or improved under an owner-builder exemption within one year of the construction or improvement.

HB 915 RELATING TO CONVEYANCE TAX. Taxation; Conveyance Tax -- Requires the Director of Taxation to provide the administrator of each county's real property assessment division with an image of all certificates of conveyances filed with the Bureau of Conveyances within twenty-one business days after the end of each week.

HB 1009 RELATING TO FINGERPRINT RETENTION BY HAWAII CRIMINAL JUSTICE DATA CENTER. Hawaii Criminal Justice Data Center; Fingerprint Retention -- Allows the State to retain fingerprints of employment and licensing applicants for whom criminal history record checks are authorized statutorily so that the State can implement a statewide "Rap Back" program

SB 1076 RELATING TO EMPLOYMENT PRACTICES. Employee Benefits; Employment Practices; Sick Leave -- Makes it unlawful for any employer or labor organization with more than one hundred employees and a collective bargaining agreement to bar or discharge from employment, withhold pay from, or demote an employee solely because the employee uses accrued and available sick leave.

SB 1067 RELATING TO PROBATION. Adult Probation; Records Confidentiality -- Clarifies the permissible divulging of adult probation records by probation officers to treatment service providers. Sunsets on July 1, 2016.

HB 1094 RELATING TO COMMERCIAL DRIVER LICENSING. Commercial Driver Licensing -- Amends the licensing process and medical requirements for commercial driver's licensing to comply with the Federal Motor Carrier Safety Regulations.

SB 1040 RELATING TO THE HAWAII OCCUPATIONAL SAFETY AND HEALTH LAW. Occupational Safety and Health -- Increases the civil penalty amounts and additional criminal fines for violations of the Hawaii occupational safety and health law.

SB 52 RELATING TO REGISTRATION OF SEX OFFENDERS. Sex Offender Registration; Violation of Privacy -- Requires persons convicted of violation of privacy in the first degree and all persons convicted of promoting prostitution in the first degree to register as sex offenders. Applies retroactively.

SB 1300 RELATING TO THE HAWAII HEALTH SYSTEMS CORPORATION. Hawaii Health Systems Corporation; Board of Directors -- Amends the composition of the Hawaii Health Systems Corporation board to add an at-large member appointed by the Governor and give voting rights to the Director of Health.

SB 1503 RELATING TO SPECIAL EDUCATION. Department of Education; Education of Students with Disabilities; Accreditation -- Requires certain private special education schools and programs that provide services to students with disabilities who receive state funding, to comply with federal and state laws, rules, and regulations. Requires accreditation within a certain time for certain private schools or programs that accept students with disabilities who receive state funding.

SB 1284 RELATING TO EDUCATION. Students with Disabilities; Private Schools; Monitoring; DOE -- Authorizes the Department of Education (DOE) to monitor students with disabilities who are placed, at DOE's expense, at private schools or placements. Requires private schools or placements to post rates, fees, and tuition by April of each year. Requires DOE to pay only for private school or placement services that are specified in a student's individualized education program and to withhold payment to private schools or placements that restrict or deny monitoring by DOE. Exempts certain schools.

SB 823 RELATING TO PROCUREMENT. Procurement; Public Transit Agencies -- Provides procurement authority to semi-autonomous county public transit agencies, thus allowing them to function as semi-autonomous agencies in their respective counties.

SB 1068 RELATING TO ANIMAL CRUELTY. Animal Cruelty -- Provides that killing, or attempting to kill, the pet animal of another person without that person's consent constitutes animal cruelty in the first degree. Adds certain exceptions to animal cruelty in the first degree.

SB 1089 RELATING TO DISLOCATED WORKERS. Dislocated Workers; Enforcement Powers; Employers -- Requires the Department of Labor and Industrial Relations to exercise enforcement powers against an employer in a covered establishment.

HB 747 RELATING TO LIQUOR LIABILITY INSURANCE. Intoxicating Liquor; Liability Insurance; Convenience Minimarts -- Removes definition of convenience minimarts commonly referred to as a "mom and pop store".

HB 1333 RELATING TO SMALL CLAIMS COURT. Small Claims Court; Monetary Limit -- Increases the maximum monetary claim that may be filed in small claims court.

HB 1613 RELATING TO VOTING. Permanent Absentee Voting; Voter Registration -- Requires an application to register to vote in person or by mail to include a space to request a permanent absentee ballot. Removes time limit on requesting an absentee or permanent absentee ballot but not later than 4:30 p.m. on the seventh day prior to the election. Permits the office of elections to continue to use its existing voter registration application forms where possible until such time as new forms are developed and printed.

HB 716 RELATING TO ELECTIONS. Election Deadlines -- Establishes new election deadlines to comply with state primary election date required by federal law.

HB 1107 RELATING TO THE HAWAII NATIONAL GUARD. National Guard; Non-Lethal Weapons; Electric Guns -- Authorizes members of the army and air national guard who are qualified by training and authorized by their commanders to use electric guns subject to state law when assisting civil authorities in disaster relief, civil defense, or law enforcement functions.

HB 240 HB240 SD1 CD1 RELATING TO PROMOTING PROSTITUTION. Promoting Prostitution; Witness Security and Protection -- Makes various amendments regarding prostitution offenses. Amends section 28-101, Hawaii Revised Statutes, to give the "greatest priority" to cases involving promoting prostitution, when the attorney general is determining whether to fund or provide for witness security and protection. Increases the grade of offense for promoting prostitution in the first and second degree to a class A and B felony, respectively. Amends the elements of promoting prostitution in the second degree to include acts in violation of the offense of promoting prostitution in the third degree. Repeals the offense of promoting prostitution in the third degree. Expands the offenses of prostitution and solicitation of prostitution to cover patrons of prostitution. Makes the offense of habitual solicitation of prostitution a class C felony, and applies the law to those who habitually patronize prostitutes. Removes the sunset date of Act 192, Session Laws of Hawaii 2008.

HB 141 RELATING TO THE HAWAII PENAL CODE. Hawaii Penal Code; Labor Trafficking -- Establishes class A and B felonies for labor trafficking offenses, a nonpayment of wages offense, and an unlawful conduct with respect to documents offense. Establishes provisions related to prosecution of the offenses. Requires the Attorney General to report on labor trafficking provisions.

SB 1069 RELATING TO CRUELTY TO ANIMALS. Crimes; Dog Fighting; Animal Cruelty -- Establishes the offense of cruelty to animals by fighting dogs in the second degree. Increases penalty for cruelty to animals by fighting dogs in the first degree. Clarifies dog fighting and animal cruelty laws.

SB 1383 RELATING TO SCHOOL REPAIR AND MAINTENANCE. Schools; Hawaii 3R's -- Permits the Hawaii 3R's School Repair and Maintenance Fund to receive moneys transferred to it from the School-level Minor Repairs and Maintenance Special Fund.

HB 1342 RELATING TO TELECOMMUNICATIONS. Broadband; Permit Exemptions; Utility Poles -- Exempts broadband infrastructure improvements from state or county permitting requirements for five years, under certain conditions. Exempts telecommunications companies from replacing utility poles when installing or improving telecommunications cables, under certain conditions. Authorizes recovery of costs by public utilities.

HB 1020 RELATING TO THE ALOHA TOWER DEVELOPMENT CORPORATION. Aloha Tower Development Corporation; DOT; Appropriation -- Revises the boundaries of the Aloha Tower complex. Reduces the board of directors of the Aloha Tower Development Corporation (ATDC) from seven to three members. Places ATDC under the Department of Transportation for administrative purposes. Repeals the Harbors Modernization Group. Lapses the balance of Aloha Tower Fund to the Harbor Special Fund.

HB 117 RELATING TO SPECIAL MANAGEMENT AREAS. Special Management Areas; Permits; Development -- Expedites and facilitates work on construction projects within Special Management Areas. Amends other laws pertaining to Special Management Areas.

SB 14 RELATING TO AGRICULTURAL DEVELOPMENT. Agricultural Development and Food Security Special Fund -- Expands the authorized uses of the agricultural development and food security special fund to include the improvement of dams and reservoirs, and water quality testing and improvement.

HB 593 RELATING TO NOMINATION PAPERS. Nomination Papers; Candidates for County Elective Office -- Requires candidates for county elective office to submit a sworn certification by self-subscribing oath that the candidate has complied with the relevant provisions of the applicable county charter and county ordinances.

HB 1368 RELATING TO ELECTIONS. Election; Candidate; Party Candidate Defines a party candidate and modifies the withdrawal process for a party candidate. Clarifies the filing process of nomination papers.

HB 1447 RELATING TO THE PERMITTED TRANSFERS IN TRUST ACT. Permitted Transfers in Trust Act -- Amends provisions of the Permitted Transfers in Trust Act governing transfers of property from a transferor to a trustee by means of an irrevocable trust instrument.

SB 1328 RELATING TO MOTOR VEHICLE REGISTRATION. Motor Vehicles; Annual; Registration Fees; State Highway Fund; Operations; Maintenance -- Increases the state motor vehicle registration fee and deposits a portion into the state highway fund.

HB 1038 RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. Employees' Retirement System -- Makes various revisions to the employees' retirement system.

HB 200 RELATING TO THE STATE BUDGET. State Budget -- Appropriates funds for the operating and capital improvement budget of the Executive Branch for fiscal years 2011-2012 and 2012-2013.

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