It’s that time again: that magical moment when proposed bills in Hawaii pass three readings in their legislative body of origin and then crossover to the other house. To celebrate, here are the details on nine bills that have somehow survived and are headed to vote. Oahu blogger/investigative reporter Ian Lind (ilind.net) found them (among others) a few weeks ago, but wasn’t able to provide more than the barest info on them.
Some are good, others not so much. The only thing they have in common is that none of the bills have gotten much publicity.
So if you find something you like (or hate), go online to the state of Hawaii legislative website at capitol.hawaii.gov. There you’ll find daily updated info on all pending legislation, as well as great resources on committees and elected representatives.
Have fun!
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SB 3031
“Relating to Intoxicating Liquor”
PURPOSE
Changes state liquor law to clarify “that a licensee who timely prevents or suppresses any violent, quarrelsome, disorderly, lewd, immoral, or unlawful conduct of any person on the premises is not in violation of the law on certain prohibitions on liquor licensees.”
WHO LIKES IT
CenterPlate, the concessionaire for Blaisdell Arena and the Waikiki Shell. The company says the bill “addresses a problem with Hawaii’s Iiquor licensing law that we have encountered when people manage to sneak illegal drugs (primarily marijuana) into an event at one of our large public venues.”
WHO DOESN’T LIKE IT
City and County of Honolulu Liquor Commission has concerns, one of which calls the whole measure into question. “Because liquor control investigators exercise limited discretion in the field, it is likely that the proposed amendment will not result in fewer violations being issued to licensees,” LC Administrator Greg I. Nishioka testified on Feb. 14. “As only the commissions and adjudication boards can make the determination of what is or is not “timely” under the circumstances, Iicensees will still have to appear before the decision makers to justify the timeliness of its response for a violation of HRS §281-78(b)(6).”
STATUS
Passed first reading in the House.
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SB 2642
“Making An Appropriation For The Hawaii Tourism Authority”
PURPOSE
“Appropriates an unspecified sum for the Hawaii tourism authority for fiscal year 2012-2013 for initiatives to take advantage of expanded visa programs and increased travel opportunities for international visitors to Hawaii.”
WHO LIKES IT
The Hawaii Tourism Authority, the Hawaii Lodging & Tourism Association, Outrigger Hotels, AQUA Hotels and Resorts, Hyatt Regency Waikiki Beach Resort & Spa, the Airlines Committee of Hawaii, the Airport Concessionaires Committee, Hawaiian Airlines, ILWU Local 142, Retail Merchants of Hawaii, Enterprise Honolulu, Hawaiian Electric Company, Oceanic Time Warner Cable, Atlantis Adventures, PHT, Makani Kai Helicopter, Maui Classic Charters, Smith’s Motor Boat Service, the Attractions Association of Hawaii, the Polynesia Cultural Center, True Blue and Dragon Tours and Travel.
WHO DOESN’T LIKE IT
No one filed testimony in opposition to the bill, but I can’t imagine that anyone who thinks the hotels, resorts, airlines, restaurants and activity companies that make up the state’s enormously lucrative tourism industry should be funding their own tourist marketing efforts is too happy with the bill.
STATUS
Passed House Tourism and International Affairs Committees.
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HB 2611
“Relating to Environmental Impact Statements”
PURPOSE
“Clarifies” exemptions to state environmental laws on minor road work projects, eliminating the need for these projects to conduct full environmental impact statements.
WHO LIKES IT
The state Department of Transportation, Hawaii Chamber of Commerce, Building Industry Association, Hawaiian Electric Company and Maui Electric Company. “The amendment will save the Department of Transportation unnecessary work effort and man hours on the processing of minor work project reviews,” states the DOT’s testimony on the bill. “Without the exemption, we’re looking at a range of processing times and costs from several months and several thousands of dollars (for simple projects such as a home driveway access) to possibly a year or more and tens of thousands of dollars if a consultant needs to be retained to process an environmental review due to any opposition to the minor work project.”
WHO DOESN’T LIKE IT
Sierra Club Hawaii and the Outdoor Circle. The Sierra Club was especially disturbed by the measure. “The Department of Transportation openly acknowledges its projects are one of the largest causes of the spread of invasive species throughout Hawaii,” testified Sierra Club Hawaii Director Robert D. Harris. “Accordingly, DOT should be held to a higher standard for the environment, not a lower one.”
STATUS
Referred to Senate Energy Committee.
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SB 2399
“Relating to Urban Art”
PURPOSE
This establishes a pilot program for the creation of urban art under the direction of the state Foundation on Culture and the Arts.
WHO LIKES IT
The state Foundation on Culture and the Arts loves this (as they should), as well as numerous private citizens. “Urban art, which includes graffiti and tagging, is a form of social commentary, a vehicle of personal expression by young generations of city youth who are continuously looking for ways to have their voices heard,” wrote Eva Laird Smith, the Foundation’s executive director. “S. B. 2399 attempts to tum a problem into a service that benefits the community through assigning specific locations, art supplies, and procedures where young potential artists can express themselves without violating the law. We view this as a viable solution by government officials to encourage urban art, in the spirit of public murals and street art, which have successfully engaged urban populations and diverse audiences in communities around the world.”
WHO DOESN’T LIKE IT
According to the testimony received by the Senate, just the Outdoor Circle. “The Outdoor Circle believes that this legislation will likely result in degrading the beauty of Hawaii, lowering the quality of life for our residents and lowering the value of the islands to the same potential visitors that we spend millions of dollars to attract,” testified Bob Loy, the Outdoor Circle’s director of environmental programs. “Allowing public property to become the canvass for art work, regardless of the style or subject matter, is completely inappropriate and is sure to bring pressure from other groups to be allowed to do the same.”
STATUS
Passed first reading in the House.
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SB 2398
“Relating to Tattoo Artists”
PURPOSE
“Restricts the sale of tattoo supplies. Requires blood borne pathogen test as a prerequisite for licensure beginning 1/1/2013 and every four years after initial test to continue to hold a license. Prohibits tattoo trade shows. Prohibits body piercing or body modifications at product demonstrations or educational demonstrations. Creates a tattoo artist task force.”
WHO LIKES IT
The Coalition for Safe Tattooing Hawaii. “Tattoo conventions often include as many as two hundred participating tattooists or more which we believe presents a major health risk,” coalition representatives Peggy Sucher and Adam Siehr. “Multiply 200 artists by an average of 6 clients per artist and you have the possibility of as many as 1200 people oozing and bleeding in a communal space.”
WHO DOESN’T LIKE IT
Interestingly enough, the state Department of Health, which calls the bill “unnecessary” because state laws already state that “The department may contract with a professional testing agency to prepare, administer, and grade the exam for licensure as a tattoo artist.” What’s more, state Health Director Loretta J. Fuddy testified that her department “has been advised by the Deputy Attorney General that tattoo conventions, trade shows, or exhibitions are currently allowed in Hawaii under existing statutes and administrative rules.”
STATUS
Passed House Health Committee.
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SB 2106
“Relating to Health”
PURPOSE
The bill does three things. First, it requires “health insurers to provide outpatient prescription drug coverage.” Second, it prohibits “health insurers, other than mutual benefit societies, from requiring coinsurance as a basis for cost sharing with the insured for outpatient prescription drug coverage.” And third, it limits “the amount of copayment that an insured must pay for outpatient prescription drugs.”
WHO LIKES IT
The Hawaii Medical Service Association, the Hawaii Academy of Physician Assistants, the American Cancer Society, the Faith Action for Community Equity (FACE), the GBS/CIPD Foundation International, the National Multiple Sclerosis Society–Hawaii Division, Advocacy for Patients with Chronic Illness, the Myositis Association, the Immune Deficiency Foundation, Patient Services, the National Council of Asian Pacific Islander Physicians, the Neuropathy Action Foundation (NAF) and the Power of Pain Foundation. “SB 2106 is very important for the thousands of Hawaii residents who suffer from neuropathy,” testified James D. Lee of the NAF. “In fact, the NAF oftentimes receives calls from patients in Hawaii informing us that their health plan suddenly switched their treatment to a higher tier or co-insurance and that they can no longer afford their life and limb saving therapies.”
WHO DOESN’T LIKE IT
No organization or individual offered testimony against the bill. But state Budget and Finance Department Director Kabert Young did testify that there may be considerable costs associated with the bill. “[W]e are opposed to placing limits to the amount of copayments that an insured will pay for prescription drugs as counter to rational financial economics,” Young testified. “Limiting the contribution of the insured to the overall cost of their medical coverage just pushes that expense onto some other entity. And, for the State of Hawaii as an organization, potentially that could mean the employer-providers or group-plan participants would be faced with assuming these increased costs through higher overall premiums.”
STATUS
Passed House Health Committee.
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HB 2324
“Relating to Broadband”
PURPOSE
This bill “temporarily exempt[s] the upgrading and new construction of broadband facilities on state and county property from state and county permitting processes.”
WHO LIKES IT
Sandwich Isles Communication, Inc., Hawaiian Telcom, the Department of Transportation, the Department of Business, Economic Development and Tourism, the Office of Planning, the Department of Commerce and Consumer Affairs. “We believe that broadband technology is an essential element of the State’s economy and vital to the health and welfare of all in the State,” testified Robert Kihune, the CEO of Sandwich Isle Communications, which says it has spent two decades building broadband infrastructure throughout the state. “From our experience, onerous county and state permitting and approval requirements often cause significant and costly delays to broadband infrastructure deployment. We believe creating permitting exemptions for the installation, improvement, construction, upgrading, or development of new or existing broadband facilities on county or state property will help to eliminate these delays thereby attracting much-needed broadband investment in Hawaii.”
WHO DOESN’T LIKE IT
The Office of Environmental Quality Control, the Department of Information Technology of the City and County of Honolulu, Hawaiian Electric Company, Hawaii Electric Light Company and Maui Electric Company. “When it comes to County property, there is a fiduciary responsibility to the constituent, and as such, county officials must comply with the various county laws related to encumbering County lands,” testified Gordon J. Bruce, the City and County of Honolulu’s Chief Information Officer. “As it relates to private property, county officials have a fiduciary responsibility to protect those who live in and around private property.”
STATUS
Passed first reading in Senate.
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SB 2339
“Relating to Ethanol”
PURPOSE
Repeals the requirement that gasoline sold in Hawaii contain 10 percent ethanol.
WHO LIKES IT
No major organization testified in support of the bill. However, Hawaii resident William Page offered written support. “I strongly believe that no government leverage should be used to encourage conversion of green matter into gasoline and jet fuel,” he wrote. “There is too much consideration that food (that could be distributed to hungry people) should be converted into gasoline for our SUVs.”
WHO DOESN’T LIKE IT
Honolulu biofuel provider Pacific West Energy. “[I]t is clear and irrefutable that repealing the ethanol blending mandate could only have a negative impact on gasoline prices in Hawaii, decrease competition in the petroleum sector, likely increase greenhouse gas and toxic emissions, while likely decreasing State and County tax revenues and, importantly, result in the permanent loss of significant investments in Hawaii’s agriculture and manufacturing sectors,” Pacific West Energy President and CEO William M. Maloney testified. The Western States Petroleum Association also testified that federal ethanol mandates may still require ethanol blends in Hawaii gasoline regardless of whether the bill becomes law.
STATUS
Passed House Transportation Committee.
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SB 2433
“Relating to Challenge Course Technology”
PURPOSE
This bill regulates zipline and canopy tour operators. It “Requires operators to obtain annual inspections and permits from the Department of Labor and Industrial Relations.”
WHO LIKES IT
Ironically enough, the actual zipline industry–the Activities & Attractions Association of Hawaii, Frogman Charters Inc., Paradise Helicopters, Piiholo Ranch Zipline, the Polynesian Cultural Center, Princeville Ranch Adventures, Skyline Eco-Adventures and the Hawaii Cattlemen’s Council–supports the bill. “Zip lines are very safe and easy to use but require proper knowledge and training on the part of the operators and good maintenance,” testified Toni Marie Davis of the Activities & Attractions Association. “Although death on zip lines is very rare, broken ankles and fingers due to coming into the platform too fast are not unusual.”
WHO DOESN’T LIKE IT
The state Department of Labor and Industrial Relations really hates this bill. “We oppose this measure as written as it includes recommendations that are too problematic to implement and would entail higher costs,” stated department director Dwight Takamine. “The department questions whether owners and operators of ziplines and canopy tours should be allowed to inspect their own equipment in the manner that owner-users do for boilers and pressure vessels.”
STATUS
Passed first reading in the House.
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