BILLS PASSED BY THE HAWAII STATE LEGISLATURE REGULAR SESSION OF 2017

Transcription

1 BILLS PASSED BY THE HAWAII STATE LEGISLATURE REGULAR SESSION OF 2017 SHOWING ACTIONS TAKEN AS OF May 4, 2017 Prepared by the: Legislative Reference Bureau Systems Office State Capitol, Room South Beretania Street Honolulu, HI Caveat: While all data are believed accurate, they are subject to change pending confirmation against official records kept by the respective Chief Clerk s offices.

2 FOREWORD This publication contains brief descriptions of all bills passed by the Hawaii State Legislature during the Regular Session of We have included such data as the bill number, title, introducer, description, committee reports, current status, and sections of the Hawaii Revised Statutes affected by the bill. This publication reflects data recorded up to and including May 4, 2017, which is the date that the Legislature adjourned sine die. For your information, under Article III, Section 16 of the Hawaii State Constitution, the Governor has 45 days after adjournment sine die (not counting Saturdays, Sundays, and holidays), to consider bills for approval. The Legislative Reference Bureau discourages the use of these descriptions of bills as a substitute for the bills passed by the Legislature. These descriptions are meant to be handy reference tools, not substitutes for the text. Copies of bills may be obtained at the various locations mentioned in this report. This publication has been created by the Legislative Reference Bureau - Systems Office. Inquires on the approval of bills, their effective dates, subjects of bills passed, laws affected by bills passed, or any questions covering the data shown may be directed to Dwight Kagawa or Lori Lee Ohta. They are located at the State Capitol, Room 413 and their phone number is (808) Charlotte A. Carter-Yamauchi Director Legislative Reference Bureau May 2017

3 WHERE TO OBTAIN COPIES OF BILLS OR ACTS (Honolulu) SOURCE CONTACT HOURS COST All public libraries. Click on Visit at for library location or listing in white pages: State offices, Dept. of Education, Public Library System Reference Desk Different for each library. Call to inquire or check branch hours at org. Electronic access via the internet only at Library card required. Optional 15 /page donation for printing. Hawaii State Archives Iolani Palace Grounds 364 S. King Street Honolulu Phone: Reference Archivist Monday - Friday 9:00 am - 4:00 pm Copies 25 /page. Scans $10/page. Certification $2.25/document. State, local, federal government agencies gratis. Prepayment required to duplicate records and to mail copy orders (postage and handling fees). Staff unable to conduct research. Finding aids to Legislature records available in Archives Reading Room. Specific citations to bills, resolutions, and committee reports required to retrieve records from Archives storage. Senate Document Center State Capitol Room 012A Honolulu Phone: Tia Lobendahn or Senate Clerk s office ( ) Monday - Friday 8:00 am - 4:00 pm Free for reasonable quantities. Will fax 10 pages or less and mail reasonable quantities. House Printshop State Capitol Room 012B Honolulu Phone: Tammy Tengan or Summer Kaleo Monday - Friday 8:00 am - 4:00 pm General public may request free copies to be picked up, mail or fax for reasonable quantities. Lieutenant Governor State Capitol 5 th Floor Honolulu Phone: Ross Tsukenjo Monday - Friday 7:45 am - 4:30 pm 25 /page. Cost of postage for any mailings. Prepayment with cash, cashier's check or money order required. Supreme Court Law Library 417 S. King Street, Rm. 115 Honolulu Phone: Front Desk Monday - Friday 7:45 am - 4:15 pm 15 /page (self service). Will mail to attorneys on neighbor islands if unavailable at county circuit court libraries or for neighbor island requesters via for 15 /page plus $2 handling charge (and postage for mail-outs), prepayment with business or cashier s check or money order required. William S. Richardson School of Law Library 2525 Dole Street Honolulu Phone: Circulation Desk Different hours depending on time of year. Call to inquire or check website at /library 10 /page (self service). iii

4 WHERE TO OBTAIN COPIES OF BILLS OR ACTS (Hawaii, Kauai, & Maui) SOURCE CONTACT HOURS COST Hawaii All public libraries. Click on Visit at for library location or listing in white pages: State offices, Dept. of Education, Public Library System Reference Desk Different for each library. Call to inquire or check branch hours at org. Electronic access via the internet only at Library card required. Optional 15 /page donation for printing. Third Circuit Court Law Library - Hilo Hale Kaulike 777 Kilauea Avenue Hilo Phone: Jasmine Monday - Friday 7:45 am - 4:30 pm 10 /page (self service) 15 /page via usage of the internet Third Circuit Court Law Library - Kona Keakealani Building (Old Kona Hospital) Haukapila Street Kealakekua Phone: Carol Monday - Friday 7:45 am - 4:15 pm 10 /page (self service) 15 /page via usage of the internet Kauai All public libraries. Click on Visit at for library location or listing in white pages: State offices, Dept. of Education, Public Library System Reference Desk Different for each library. Call to inquire or check branch hours at org. Electronic access via the internet only at Library card required. Optional 15 /page donation for printing. Fifth Circuit Court Law Library - Kauai 3970 Kaana Street, Suite 100 Lihue Phone: Rhonda Monday - Friday 7:45 am - 4:15 pm Closed 12:00-1:00 pm 15 /page (self service) or via usage of the internet Maui All public libraries. Click on Visit at for library location or listing in white pages: State offices, Dept. of Education, Public Library System Reference Desk Different for each library. Call to inquire or check branch hours at org. Electronic access via the internet only at Library card required. Optional 15 /page donation for printing. Second Circuit Court Law Library - Maui Judiciary Complex, Room Main Street Wailuku Phone: Service Center Rm. 141 Monday - Friday 7:45 am - 4:30 pm 15 /page (self service) or via usage of the internet iv

5 SENATE BILLS THAT PASSED THE LEGISLATURE SB0026 SD1 HD1 CD1 (CCR 179) SB0099 SD1 HD1 CD1 (CCR 92) SB0100 SD2 HD1 CD1 (CCR 64) SB0102 HD1 CD1 (CCR 83) SB0103 SD2 (SSCR 664) MAKING AN APPROPRIATION TO THE OFFICE OF THE PROSECUTING ATTORNEY FOR HAWAII COUNTY. Introduced by: Green J, Ruderman R Appropriation to the office of the prosecuting attorney for Hawaii county for a subsidy for the career criminal prosecution unit, including the hiring of necessary staff. ($$) -- SB0026 CD1 Committee Reports: SSCR 379 (PSM/ JDL/) SSCR 677 (WAM) HSCR 1271 (JUD) HSCR 1752 (FIN) CCR 179 RELATING TO THE HOUSING CHOICE VOUCHER PROGRAM. Introduced by: Shimabukuro M, Espero W, Harimoto B Establishes provisions relating to housing choice voucher program. Prohibits a county to disqualify a legal nonconforming dwelling unit from the housing choice voucher program if the unit meets zoning and building code requirements and other program standards for health and safety standards. -- SB0099 CD1 Committee Reports: SSCR 438 (PSM/ HOU/) SSCR 763 (WAM) HSCR 1148 (HSG) HSCR 1727 (FIN) CCR 92 Section Affected: 46- (1 SECTION) HOUSING CHOICE VOUCHER PROGRAM RELATING TO TAXATION. Introduced by: Tokuda J Establishes provisions relating to auditor access to tax records or other information for reviews of exemptions, exclusions, credits, and deductions. Requires the department of taxation to provide to the auditor any tax records and other information maintained by the department that are requested by the auditor. -- Amends provisions relating to reviews of general excise tax and use tax exemptions and exclusions and income tax credits, exclusions, and deductions by the auditor by moving back the required reviews 1 year. Changes the review to be for calendar years instead of fiscal years. -- Amends provisions for review 2022 and every 5th year thereafter by the auditor to include the income tax credit for organically produced agricultural products. -- SB0100 CD1 Committee Reports: SSCR 305 (GVO) SSCR 752 (WAM) HSCR 1581 (FIN) CCR 64 Section Affected: 231- (1 SECTION), 23-71, 23-72, 23-73, 23-74, 23-75, 23-76, 23-77, 23-78, 23-79, 23-80, 23-81, 23-91, 23-92, 23-93, 23-94, 23-95, RELATING TO THE FEDERAL FUNDING POLICY STUDY. Introduced by: Tokuda J Amends provisions relating to Act 225, session laws of Requires the department of budget and finance instead of the office of the governor to conduct a federal funding policy study and report to the governor. Requires the office of federal awards management of the department of budget and finance to identify the federal fund awards that state executive departments regularly receive to pay for programs and projects and estimate the amount of federal funds to be expended by the state government annually in the fiscal bienniums and Requires department to submit an interim report to the legislature and the governor by February 1, 2018, an estimated data and preliminary findings for the fiscal year and a final federal funding policy study and any proposed legislation no later than October 31, Requires the governor to review the findings and recommendations of the study and submit a report to the legislature. Appropriation. ($$) -- SB0102 CD1 Committee Reports: SSCR 721 (WAM) HSCR 1582 (FIN) CCR 83 Section Affected: ACT RELATING TO THE DISPOSITION OF EXCESS GENERAL FUNDS AUTHORIZED UNDER ARTICLE VII, SECTION 6, OF THE CONSTITUTION OF THE STATE OF HAWAII. Introduced by: Tokuda J Establishes the disposition of excess revenues law. Authorizes the legislature to appropriate general funds for the pre payment of general obligation bond debt service or pension or other post employment benefit liabilities in lieu of providing a tax refund or credit or depositing funds into a reserve fund whenever the state general fund balance at the close of each of 2 successive fiscal years exceeds 5 percent of general fund May 4,

6 SENATE BILLS THAT PASSED THE LEGISLATURE revenues for each of the 2 fiscal years. -- SB0103 SD2 Committee Reports: SSCR 354 (JDL) SSCR 664 (WAM) HSCR 1577 (FIN) Current Status: Apr Received by the Governor Apr Approved by Governor (Act ) Section Affected: (5 SECTIONS) DISPOSITION OF EXCESS REVENUES, 328L-3 SB0119 SD1 HD1 CD1 (CCR 42) SB0133 SD2 HD2 (HSCR 1742) SB0149 HD1 CD1 (CCR 100) SB0194 HD2 CD1 (CCR 2) SB0207 SD2 HD2 CD1 (CCR 110) RELATING TO PAYMENT OF RENT. Introduced by: Rhoads K Amends provisions relating to rent. Allows that where the rental agreement provides for a late charge payment to the landlord for rent not paid when due, the late charge shall not exceed 8 per cent of the amount of rent due. -- SB0119 CD1 Committee Reports: SSCR 726 (CPH) HSCR 1553 (CPC) CCR 42 Section Affected: RELATING TO PUBLIC EMPLOYEES' FRINGE BENEFITS. Introduced by: Tokuda J Establishes provisions relating to actuarial investigation; valuations under the Hawaii employer union health benefits trust funds law. Requires that beginning on July 1, 2017, the actuary retained by the board of trustee of the Hawaii employer union health benefits trust fund shall make an annual valuation of the assets and liabilities of the fund based on tables and other factors adopted by the board annually. Requires the annual valuation to include an update of assumptions specific to the fund that are not updated as deemed necessary by the actuary at least once in each 3 year period. Requires the actuary to recommend the acceptable funded ratio for the fund to make an annual valuation of the assets and liabilities of the fund. -- Amends provisions relating to actuarial investigations, valuations under the pensions and retirement systems law. Reduces the 5 year period to a 3 year period. -- SB0133 HD2 Committee Reports: SSCR 248 (JDL) SSCR 765 (WAM) HSCR 1181 (LAB) HSCR 1742 (FIN) Current Status: May Received by the Governor Section Affected: 87A- (1 SECTION), RELATING TO PROCUREMENT. Introduced by: Baker R Repeals proposals and awards under the purchases of health and human services law. -- SB0149 CD1 Committee Reports: SSCR 310 (GVO/ HMS/ CPH/) SSCR 572 (WAM) HSCR 1333 (LAB) HSCR 1718 (FIN) CCR 100 Section Affected: 103F RELATING TO TUBERCULOSIS TESTING. Introduced by: Kidani M, Baker R, Inouye L, Espero W, English J, Nishihara C, Rhoads K Requires the department of health to accept the results of any tuberculosis blood test that is a Food and Drug Administration approved, Centers for Communicable Disease and Prevention recommended test for tuberculosis infection for the purpose of obtaining a certificate of tuberculosis examination. -- Prohibits a child to attend any school for the 1st time unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has been examined and tested according to the rules of the department and law and is free from tuberculosis in a communicable form. -- SB0194 CD1 Committee Reports: SSCR 49 (EDU) SSCR 756 (CPH) HSCR 1158 (HLT) HSCR 1740 (EDN) CCR 2 Current Status: May Received by the Governor Section Affected: 302A-1154 RELATING TO EMPLOYEES. Introduced by: Kidani M, Baker R, Espero W, Riviere G, Keith-Agaran G, Galuteria B, Rhoads K, Inouye L, English J Requires each affected Maui region hospital employee of the Hawaii health systems corporation who is entitled to reduction-in-force rights under chapter 89, Hawaii Revised Statutes, resulting from the transfer of the Hawaii health systems corporation's Maui memorial medical center, Kula hospital, and Lanai community hospital to Maui Health May 4,

7 SENATE BILLS THAT PASSED THE LEGISLATURE System, a Kaiser Foundation Hospitals LLC, to receive a 1 time lump sum cash bonus severance benefit, to be calculated at the rate of 5 per cent of the individual employee's annual base salary for each year of service worked up to and including July 20, 2016, not to exceed 10 years, and shall not exceed 50 per cent of the employee's annual base salary. Provides that the severance benefit shall be in addition to any payment owed to the employee upon separation from service, including accumulated unused vacation allowances and compensatory time credits. The severance benefit provided under this section shall not be considered part of a transferred employee's salary, service credit, or cost item when calculating retirement benefits or sick and vacation leave. -- Repeals separation benefits law. -- Repeals Act 1, Second Special Session, Session Laws of SB0207 CD1 Committee Reports: SSCR 374 (JDL) SSCR 871 (WAM) HSCR 1140 (LAB) HSCR 1273 (JUD) HSCR 1763 (FIN) CCR 110 Current Status: Section Affected: May Passed Legislature 89E-1, 89E-2, 89E-3, 89E-4, 89E-5, 89E-6, 89E-7, 89E-8, 89E-9, 89E-10, ACT SP SB0283 SB0288 SD2 HD2 CD1 (CCR 77) SB0292 SD1 HD1 CD1 (CCR 90) RELATING TO TRANSPORTATION. Introduced by: Baker R, Keith-Agaran G, Inouye L, Rhoads K Renaming route 311, known as Mokulele highway, on the island of Maui to the Maui veterans highway. -- SB0283 Committee Reports: Current Status: SSCR 694 (TRE) HSCR 1205 (VMI) Apr Received by the Governor Apr Approved by Governor (Act ) RELATING TO SELF-SERVICE STORAGE FACILITIES. Introduced by: Baker R, Ihara L Establishes provisions relating to occupant in default; motor vehicle or boat removal. Requires that if an occupant is in default for 60 or more days and the personal property stored in the leased space is a motor vehicle or boat, the motor vehicle or boat is deemed to be left unattended on private property without authorization of the owner of the property and may be towed away at the expense of the owner of the vehicle or boat. Further requires that the towing company engaged is to be registered in Hawaii. Requires the owner to provide notice to the occupant at least 15 days prior to having the vehicle or boat towed, stating the name, address, and contact information of the towing company, by certified mail at the occupant's last known postal address and by electronic mail at the last known electronic mail address. -- Provides that when any part of the rent or other charges due from an occupant remain unpaid for 15 consecutive days, the owner is required to send a notice at the last known electronic mail address and last known postal address, postage prepaid. -- Provides that not sooner than 15 days after sending the final demand and notice of sale, an advertisement of the sale be published or disseminated in any other commercially reasonable manner; provided that at least 3 independent bidders participate in the sale. -- Requires that if the contract entered into between the owner and the occupant contains a provision placing a limit on the value of property that may be stored in the occupant's space, this limit is to be the maximum value of the stored property; provided that the provision is printed in bold type or underlined in the contract. Requires the limit on the value of the property to be not less than 1,000 dollars. Provides that the contract may provide that the occupant may increase the limit on the value of the property with the written permission of the owner. -- Requires an owner of a self service storage facility to notify each occupant of the self service storage facility regarding the changes to the self service storage facility law, and each owner is to update the rental agreements and obtain the initials of the occupants under each rental agreement. -- SB0288 CD1 Committee Reports: SSCR 491 (CPH) SSCR 888 (JDL) HSCR 1347 (CPC) HSCR 1750 (JUD) CCR 77 Section Affected: 507- (1 SECTION), , , , , , RELATING TO CONDOMINIUMS. Introduced by: Baker R, Keith-Agaran G, Inouye L, Kidani M, Ihara L, Nishihara C Repeals provisions relating to condominium property regimes law. -- SB0292 CD1 Committee Reports: SSCR 561 (CPH) HSCR 1348 (CPC/ JUD/) HSCR 1715 (FIN) CCR 90 May 4,

8 SENATE BILLS THAT PASSED THE LEGISLATURE Section Affected: 514A-1, 514A-1.5, 514A-1.6, 514A-2, 514A-3, 514A-4, 514A-5, 514A-6, 514A-7, 514A-11, 514A-12, 514A-13, 514A-13.4, 514A-13.5, 514A-13.6, 514A-14, 514A-14.5, 514A-15, 514A-15.1, 514A-15.5, 514A-16, 514A-17, 514A-18, 514A-19, 514A-20, 514A-21, 514A-22, 514A-31, 514A-32, 514A-33, 514A-34, 514A-35, 514A-36, 514A-37, 514A-38, 514A-39.5, 514A-40, 514A-41, 514A-42, 514A-43, 514A-44, 514A-45, 514A-46, 514A-47, 514A-48, 514A-49, 514A-50, 514A-61, 514A-62, 514A-63, 514A-64.5, 514A-65, 514A-67, 514A-68, 514A-69, 514A-70, 514A-81, 514A-82, 514A-82.1, 514A-82.15, 514A-82.2, 514A-82.3, 514A-82.4, 514A-82.5, 514A-82.6, 514A-83, 514A-83.1, 514A-83.2, 514A-83.3, 514A-83.4, 514A-83.5, 514A-83.6, 514A-84, 514A-84.5, 514A-85, 514A-86, 514A-87, 514A-88, 514A-88.5, 514A-89, 514A-90, 514A-90.5, 514A-90.6, 514A-91, 514A-92, 514A-92.1, 514A-92.2, 514A-92.5, 514A-93, 514A-93.3, 514A-93.5, 514A-94, 514A-95, 514A-95.1, 514A-96, 514A-97, 514A-98, 514A-99, 514A-101, 514A-102, 514A-103, 514A-104, 514A-104.5, 514A-104.6, 514A-105, 514A-107, 514A-107.5, 514A-107.6, 514A-108, 514A-121, 514A-121.5, 514A-122, 514A-123, 514A-124, 514A-125, 514A-126, 514A-127, 514A-134, 514A-135, 514B-21, 514B-22, 26-9, 92-28, , 235-7, , , 237D-1, 281-1, 302A-1312, , 414D-311, 421I-9, 467-1, , , 484-3, 485A-202, , , , , , 502C-1, 514B-72, 514B-73, 514B-154.5, 514C-6, 514C-22, 514E-1, 514E-29, 516D-1, 521-3, , , , , , , , 672E-4 SB0314 SD1 HD1 CD1 (CCR 70) SB0322 SD1 HD1 CD1 (CCR 66) SB0339 SD1 HD1 CD1 (CCR 65) SB0369 SD1 HD1 CD1 (CCR 46) RELATING TO ARBITRATION. Introduced by: Keith-Agaran G, Rhoads K Amends provisions relating to disclosure by arbitrator under the uniform arbitration act. Allows the court, upon timely objection by a party, determines that the arbitrator did not disclose a fact required to be disclosed, it may determine that such failure to disclose constituted evident partiality and vacate an award made by the arbitrator. -- SB0314 CD1 Committee Reports: SSCR 551 (JDL) HSCR 1570 (JUD) CCR 70 Section Affected: 658A-12 RELATING TO COURT JURISDICTION. Introduced by: Keith-Agaran G Amends provisions relating to jurisdiction and powers under the circuit court rules. Requires the several circuit courts to have concurrent jurisdiction with the family court over endangering the welfare of a minor in the 1st degree, endangering the welfare of a minor in the 2nd degree and endangering the welfare of an incompetent person. -- Amends provisions relating to criminal, misdemeanors, generally under district court law. Requires the district court to have concurrent jurisdiction with the family court of any violation of an order issued pursuant to domestic abuse protective orders law or any violation of endangering the welfare of a minor in the 2nd degree and endangering the welfare of an incompetent person when multiple offenses are charged and at least 1 other offense is a criminal offense within the jurisdiction of the district courts. -- SB0322 CD1 Committee Reports: SSCR 157 (JDL) HSCR 1571 (JUD) CCR 66 Section Affected: , RELATING TO INFORMATION CHARGING. Introduced by: Keith-Agaran G Amends provisions relating to felonies for which criminal charges may be instituted by written information. Amends the list of felonies excluded from class C and class B felonies which are allowed to institute charges by written information. -- SB0339 CD1 Committee Reports: SSCR 616 (JDL) HSCR 1707 (JUD) CCR 65 Section Affected: RELATING TO CONDOMINIUMS. May 4,

9 SENATE BILLS THAT PASSED THE LEGISLATURE Introduced by: Galuteria B, Espero W, Ruderman R, Harimoto B, Baker R, Shimabukuro M, Rhoads K, Nishihara C, Kidani M, Inouye L, Green J Establishes provisions relating to retaliation prohibited. Prohibits an association of apartment owners, board of directors, managing agent, resident manager, apartment owner, or any person acting on behalf of an association of apartment owners or an apartment owner to retaliate against an apartment owner, board member, or employee or an association of apartment owners who, through a lawful action done in an effort to address, prevent, or stop a violation of the condominiums law or governing documents of the association. -- SB0369 CD1 Committee Reports: SSCR 110 (CPH) SSCR 650 (JDL) HSCR 1311 (CPC) HSCR 1749 (JUD) CCR 46 Section Affected: 514B- (1 SECTION) RETALIATION PROHIBITED SB0376 SD1 HD1 CD1 (CCR 16) SB0382 SD2 HD1 CD2 (SENATE FLOOR AMENDMENT 2 OR HOUSE FLOOR AMENDMENT 7) SB0387 SD1 HD1 CD1 (CCR 87) RELATING TO THE INTERISLAND TRANSMISSION SYSTEM. Introduced by: Baker R, Green J, Ruderman R, Inouye L Repeals provisions relating to interisland transmission system under public utilities commission. Amends provisions relating to review for 2020 and every tenth year thereafter. Repeals gross income of electric utility companies from cable surcharge. Repeals income tax deduction, public service company tax exemption, and public utilities franchise tax exemption for amounts received by an electric company in the form of a cable surcharge. Amends Act 165, session laws of SB0376 CD1 Committee Reports: SSCR 607 (CPH/ TRE/) HSCR 1258 (EEP) HSCR 1558 (CPC) CCR 16 Section Affected: , , , , , 23-74, 235-7, , , , ACT RELATING TO THE PUBLIC UTILITIES COMMISSION. Introduced by: Baker R, English J, Inouye L, Ruderman R, Keith-Agaran G Requires the state auditor to conduct a management audit to evaluate the efficiency and effectiveness of the public utilities commission and aid in the commission's transition to a better functioning entity. Provides management audit requirements. Allows the auditor to also review public utilities commissions in other jurisdictions to determine any generally considered best practices for a public utilities commission, including any emphasis on efficiency in operations or collaborations amongst members and any examples of other commissions that require more diverse backgrounds amongst commissioners or any commissions that have the ability to consider more than 1 docket at a time. Report to the legislature. -- SB0382 CD2 Committee Reports: SSCR 472 (CPH) SSCR 814 (WAM) HSCR 1320 (CPC) HSCR 1703 (FIN) CCR 91 - file SENATE FLOOR AMENDMENT HOUSE FLOOR AMENDMENT Current Status: May Passed Legislature RELATING TO HEALTH INSURANCE. Introduced by: Baker R Establishes the health benefit plan network access and adequacy law. Establishes applicability and scope to all health carriers that offer fully insured network plans. Exempts limited benefit health insurance. Requires health benefit plans contracted with the department of human services med QUEST division to provide services for medicaid beneficiaries to continue to be subject to the network provider adequacy standards and oversight of the federal medicaid program. Requires a health carrier providing a network plan to maintain a network that is sufficient in numbers and appropriate types of providers, including those that serve predominantly low income, medically underserved individuals, to assure that all covered services to covered persons, including children and adults, will be accessible without unreasonable travel or delay; and covered persons shall have access to emergency services 24 hours per day, 7 days per week. Requires the insurance commissioner to determine sufficiency in accordance with the requirements by considering any reasonable criteria. Establishes requirements for health carriers and participating providers. Requires health carrier to post electronically a current and accurate provider directory for each of the carrier's network plans with information and search functions to ensure that the public is able to view all current providers for a plan. Establishes enforcement and penalties. Repeals the health care provider network adequacy law. -- SB0387 CD1 Committee Reports: SSCR 697 (CPH) HSCR 1121 (HLT) HSCR 1350 (CPC) HSCR May 4,

10 SENATE BILLS THAT PASSED THE LEGISLATURE Current Status: Section Affected: 1672 (FIN) CCR 87 May Passed Legislature 431: - (10 SECTIONS) HEALTH BENEFIT PLAN NETWORK ACCESS AND ADEQUACY, 432F-1, 432F-2 SB0396 SD1 HD1 CD1 (CCR 69) SB0407 SD1 HD1 CD1 (CCR 93) SB0410 SD1 HD1 (HSCR 1335) SB0423 SD1 HD1 CD1 (CCR 96) RELATING TO SECURITY INTERESTS IN REAL PROPERTY. Introduced by: Baker R Amends provisions relating to release of mortgages of real property or fixtures by adding and reassignment of security interests. Provides that if the debt secured by the mortgage is also secured by an assignment of the borrower's or mortgagor's interest in leases or rents to the mortgagee, then the mortgagee or record assignee shall also provide to the borrower or mortgagor, as applicable, a reassignment or release of the security interest upon full satisfaction and discharge of the secured debt. -- SB0396 CD1 Committee Reports: SSCR 38 (CPH) SSCR 840 (JDL) HSCR 1298 (IAC/ CPC/) HSCR 1678 (FIN) CCR 69 Section Affected: RELATING TO COUNTIES. Introduced by: Keith-Agaran G, Green J, Inouye L, Dela Cruz D, Baker R, Tokuda J, English J, Ruderman R Amends provision relating to short term investment of county moneys. Changes Federal land bank bonds to Farm Credit System notes and bonds and Joint stock farm loan bonds to Federal Agricultural Mortgage Corporation notes and bonds. Adds the Tennessee Valley Authority notes and bonds. Changes bands to federally insured savings accounts. Adds securities of a money market mutual fund that is a rated AAA, or its equivalent, by a nationally recognized rating agency or whose portfolio consists of securities that are rates as 1st tier securities by nationally recognized statistical rating organization. Provides that with respect to an early withdrawal penalty on an investment permitted by the amount of the penalty being mutually agreed to at the time of acquisition of the investment, no investment permitted to require or may in the future require payments by the county, whether unilateral, reciprocal, or otherwise, including margin payments, or be bear interest at a variable rate that causes or may cause the market price of the investment to fluctuate; provided that the limitation not apply to money market mutual funds that investment solely into the direct and general obligations of the US of America; obligations of any agency or instrumentality of the US of America the payment of the principal and interest upon which are unconditionally guaranteed by the full faith and credit of the US of America. Prohibits the county to acquire any investment or enter into any agreement in connection with the acquisition of any investment or related to any existing investing held by the county. -- SB0407 CD1 Committee Reports: SSCR 201 (PSM) SSCR 678 (WAM) HSCR 1583 (FIN) CCR 93 Section Affected: RELATING TO COLLECTIVE BARGAINING. Introduced by: Keith-Agaran G Amends provisions relating to scope of negotiations; consultation. Repeals a permissive subject of bargaining and replaces it with the implementations by the employer if it affects terms and conditions of employment, during collective bargaining negotiations or negotiations over a memorandum of agreement. -- SB0410 HD1 Committee Reports: SSCR 250 (JDL) SSCR 874 (WAM) HSCR 1335 (LAB) HSCR 1685 (FIN) Current Status: Apr Received by the Governor Section Affected: 89-9 RELATING TO STUDENT MEALS. Introduced by: Keith-Agaran G, Rhoads K, Shimabukuro M, Tokuda J, English J, Kidani M Amends provisions relating to school meals. Prohibits a student to be denied a meal solely for failure to pay within the 1st 21 days of the 1st semester of a school year while the student's application for free or reduced lunch is being processed or within 7 days following a student's meal fund account reaching a 0 or negative balance. -- Requires the department of education to submit a report to the legislature on the prevalence of students being denied a school meal solely for failure to pay and any actions taken by the department or individual schools to address this issue. -- SB0423 CD1 May 4,

11 SENATE BILLS THAT PASSED THE LEGISLATURE Committee Reports: SSCR 323 (EDU) SSCR 902 (WAM) HSCR 1306 (EDN) HSCR 1669 (FIN) CCR 96 Section Affected: 302A-404 SB0469 SD2 HD1 CD1 (CCR 108) SB0488 SD1 HD1 CD1 (CCR 50) SB0491 SD1 HD1 CD1 (CCR 180) SB0501 SD1 HD2 CD1 (CCR 156) RELATING TO THE JUDICIARY. Judiciary appropriations Act of 2017 (judiciary budget). Appropriations to the judiciary for the fiscal biennium. ($$) -- SB0469 CD1 Committee Reports: SSCR 430 (JDL) SSCR 915 (WAM) HSCR 1366 (JUD) HSCR 1714 (FIN) CCR 108 RELATING TO SEARCH WARRANTS. Amends provisions relating to search warrant; defined. Allows a search warrant to identify an individual or entity authorized to provide technical assistance to the officer. -- Amends provisions relating to contents. Allows warrant to be signed by a judge. Requires the warrant to identify any individual or entity authorized to provide technical assistance to the sheriff or officer. -- Amends provisions relating to deputies may serve by adding or police officers. Allows the chief's police officers to execute the warrant. Allows a person or entity authorized by the court to assist a deputy to execute a search warrant. -- Allows the court to authorize the officer to obtain technical assistance from individuals or entities, located within or outside the State, in the examination of the item if an electronic device or storage media is designated as the item to be searched; provided that the officer must submit a sworn statement to the judge or magistrate certifying the reliability and qualifications of the technical assistants and why assistance is necessary; provided further that no individual or entity shall be compelled to provide technical assistance without their consent. -- SB0488 CD1 Committee Reports: SSCR 705 (JDL/ ETT/) HSCR 1390 (JUD) CCR 50 Section Affected: , , , MAKING AN APPROPRIATION TO THE DEPARTMENT OF THE PROSECUTING ATTORNEY OF THE CITY AND COUNTY OF HONOLULU. Appropriation to the department of the prosecuting attorney of the city and county of Honolulu for a grant in aid for the career criminal prosecution unit. ($$) -- SB0491 CD1 Committee Reports: SSCR 380 (PSM/ JDL/) SSCR 742 (WAM) HSCR 1276 (JUD) HSCR 1745 (FIN) CCR 180 RELATING TO HEALTH. Introduced by: Inouye L, Tokuda J, Shimabukuro M, Kidani M, Baker R, Rhoads K, Green J Establishes provisions relating to limited service pregnancy centers; notice of reproductive health services. Requires every limited service pregnancy center in the State to disseminate on site to clients or patients with written notice in English that Hawaii has public programs that provide immediate free or low cost access to comprehensive family planning services, including, but not limited to, all FDA (Federal Drug Administration) approved methods of contraception and pregnancy related services for eligible women and to apply for medical insurance coverage that will cover the full range of family planning and prenatal care services, go to mybenefits.hawaii.gov. -- Provides that only ultrasounds performed by qualified healthcare professionals and read by licensed clinicians should be considered medically accurate. -- Further requires that the notice shall contain the internet address for online medical assistance applications and the statewide phone number for medical assistance applications. Establishes provisions relating to limited service pregnancy centers; enforcement; private right of action. Provides that a center that violates this provision shall be liable for a civil penalty of 500 dollars for the 1st offense and 1,000 for each subsequent offense. Allows the attorney general to bring an action in the district court of the district in which the center is location to enforce this law. Requires civil penalty imposed to be deposited to the credit of the general fund. Provides that this provision is not intended to require regulation or oversight of limited service pregnancy centers by the department of health. -- SB0501 CD1 May 4,

12 SENATE BILLS THAT PASSED THE LEGISLATURE Committee Reports: Current Status: Section Affected: SSCR 315 (CPH/ JDL/) SSCR 907 (WAM) HSCR 1372 (HLT) HSCR 1760 (JUD) CCR 156 May Passed Legislature 321- (2 SECTIONS) LIMITED SERVICE PREGNANCY CENTERS SB0505 SD1 HD2 CD1 (CCR 48) SB0513 SD1 HD2 CD1 (CCR 47) RELATING TO HEALTH. Introduced by: Baker R, Ruderman R, Tokuda J, Shimabukuro M, Espero W, Kidani M, Thielen L, Inouye L, Ihara L, Green J Establishes provisions relating to opioid therapy; informed consent process. Beginning on July 1, 2018, requires any provider authorized to prescribe opioids to adopt and maintain written policy or policies, that include execution of a written agreement to engage in an informed consent process between the prescribing provider and qualifying opioid therapy patient. Requires the department of health to develop and make available a template of an opioid therapy informed consent process agreement for use in the State and posted to the departments website no later than December 31, Amends provisions relating to prescriptions. Provides initial prescriptions for opioids and benzodiazepines shall not be for longer than 7 consecutive days unless it is determine to be medically necessary for the treatment of pain experienced while the patient is in post operative care; chronic pain and pain management; substance abuse or opioid or opiate dependence; cancer; pain experienced while the patient is in palliative or hospice care. Further allows a practitioner to prescribe subsequent prescriptions through a telephone consultation and requires a practitioner to consult with a patient in person at least once every 90 days for the duration during which the practitioner concurrently prescribes opioids and benzodiazepines to the patient. Prohibits a prescription to be issued for the dispensing of narcotic drugs listed in any schedule for the purpose of medically managed withdrawal. Amends provisions relating to discipline; grounds; proceedings; hearings. Add violation of narcotics law, the uniform controlled substances act, or any rule adopted except as provided in provisions relating to medical use of marijuana; conditions of use. Act to be repealed on June 30, 2023 (sunset). -- SB0505 CD1 Committee Reports: SSCR 565 (CPH) HSCR 1262 (HLT) HSCR 1561 (CPC) CCR 48 Section Affected: 329- (1 SECTION), , RELATING TO CONTRACEPTIVE SUPPLIES. Introduced by: Baker R, Tokuda J, Inouye L, Kidani M, Shimabukuro M Establishes provisions relating to contraceptive supplies; authority to prescribe and dispense; requirements. Authorizes a pharmacist to prescribe and dispense contraceptive supplies to a patient, regardless of whether the patient has evidence of a previous prescription for contraceptive supplies from a licensed physician, advanced practice registered nurse, or other primary care provider. Requires a pharmacist who prescribes contraceptive supplies to complete an Accreditation Council for Pharmacy Education program approved by the board of pharmacy related to prescribing contraceptive supplies; provide a self screening risk assessment tool that a patient to complete before the pharmacist prescribes any contraceptive supplies; provided that the self screening risk assessment tool shall be based on the current version of the US Medical Eligibility Criteria for Contraceptive Use developed by the federal Centers for Disease Control and Prevention; refer the patient to the patient's primary care provider upon prescribing and dispensing the contraceptive supplies; provided that if the patient does not have a primary care provider, the pharmacist shall advise the patient to consult a licensed physician, advanced practice registered nurse, or other primary care provider of the patient's choice; provide the patient with a written record of the advice the patient to consult with a primary care provider of the patient's choice; and dispense the contraceptive supplies to the patient as contraceptive supplies prescribed and dispensed and soon as practicable after the pharmacist issues the prescription. Provides that a pharmacist who prescribes and dispenses contraceptive supplies shall not require a patient to schedule an appointment with the pharmacist for the prescribing or dispensing of contraceptive supplies. -- Amends provisions relating to contraceptive services under the accident and health or sickness insurance contracts law and benefit societies law. Provides that coverage includes reimbursement to a prescribing and dispensing pharmacist who prescribes and dispenses contraceptive supplies. -- Amends provisions relating to definitions under the pharmacists and pharmacy. Defines advanced practice registered nurse to mean a person licensed to and granted prescriptive authority. Defines contraceptive supplies to mean all US Food and Drug Administration approved May 4,

13 SENATE BILLS THAT PASSED THE LEGISLATURE self administered hormonal contraceptives. Redefines practice of pharmacy to include prescribing and dispensing contraceptive supplies. -- Amends provisions relating to renewal of licenses; continuing education requirement. Requires a pharmacist who prescribes and dispenses contraceptive supplies to complete an Accreditation Council for Pharmacy Education program approved by the board within every other biennial renewal period and submit proof of successful completion of the continuing education program to the board. -- SB0513 CD1 Committee Reports: SSCR 555 (CPH) HSCR 1160 (HLT) HSCR 1569 (CPC) CCR 47 Section Affected: 461- (1 SECTION), 431:10A-116.6, 432: , 461-1, 461-8, SB0514 SD1 HD1 CD1 (CCR 4) SB0545 SD2 HD1 CD1 (CCR 94) SB0559 SD1 HD2 CD1 (CCR 101) RELATING TO HEALTH. Introduced by: Baker R, Kidani M Amends provisions relating to definitions under practice of pharmacy. Redefines practice of pharmacy to include administering the human papillomavirus, Tdap (tetanus, diphtheria, pertussis, meningococcal, or influenza vaccines to person between 11 and 17 years of age. -- SB0514 CD1 Committee Reports: SSCR 556 (CPH) HSCR 1101 (HLT) HSCR 1556 (CPC) CCR 4 Section Affected: 461-1, 461-8, , RELATING TO THE FESTIVAL OF PACIFIC ARTS. Introduced by: English J, Wakai G, Ihara L, Nishihara C, Gabbard M, Keith-Agaran G, Dela Cruz D, Shimabukuro M, Gabbard M, Espero W, Kidani M, Tokuda J, Rhoads K, Chang S, Riviere G, Kahele K, Green J Establishes the temporary commission on the 13th festival of pacific arts within the department of business, economic development, and tourism. Requires the commission to serve as the coordinating agency for all state sponsored and other celebration events staged during the celebration period as designated by the chairperson to assure activities planned are timely and appropriate to commemorate the 13th festival of pacific arts and solicit funding from private and public sources. Report to the legislature. Commission shall cease to exist on June 30, 2021 (sunset). Appropriation. ($$) -- SB0545 CD1 Committee Reports: SSCR 291 (IAA/ ETT/) SSCR 904 (WAM) HSCR 1338 (VMI/ TOU/) HSCR 1732 (FIN) CCR 94 RELATING TO CLIMATE CHANGE. Introduced by: English J, Gabbard M, Keith-Agaran G, Dela Cruz D, Shimabukuro M, Espero W, Kidani M, Rhoads K, Chang S, Riviere G, Kahele K, Nishihara C, Green J Amends the climate adaptation law to the Hawaii climate change mitigation and adaptation initiative law. Changes the interagency climate adaptation committee to the Hawaii climate change mitigation and adaptation commission. Requires the commission to provide policy direction, facilitation, coordination, and planning among state and county agencies, federal agencies, and other partners as appropriate; establish climate change mitigation and adaptation strategies and goals to help guide planning and implementation statewide using the latest scientific analysis and risk assessment to monitor and forecast climate change related impacts at the regional, state, and local level, including any additional information deemed necessary; to identify vulnerable people, communities, industries, ecosystems, and the potential economic ramifications for climate change related impacts; to identify existing climate change adaptation and mitigation efforts at the federal, state and local levels and make recommendations for how to meet or exceed Hawaii's state mitigation goals and shall adopt a liberal approach in preparation, so as to minimize future risk to the people and environment of Hawaii; to assess the capacity and availability of existing resources and identify new sources of revenue necessary to address climate change mitigation and adaptation and achieve their goals and to advise the governor, legislature, and counties on the economic and budgetary ramifications of climate impacts, mitigation, and adaptation; to identify the information necessary to track progress in implementing mitigation and adaptation efforts in meeting their goals and to submit an annual report to the legislature and the governor; to maintain a website that includes a mission statement as well as access to climate change related actions, plans, policies and results; to conduct a comprehensive review of the implementation as required by these provisions and to submit a report to the legislature, governor, and every 5 years; and as a 1st step, focus on and develop sea level rise vulnerability and adaptation reports that includes identification of the major areas of sea level rise impacts May 4,

14 SENATE BILLS THAT PASSED THE LEGISLATURE affecting the State and counties through 2050; identification of expected impacts of sea level rise based on the latest scientific research for each area through 2050; identification of the economic ramifications of sea level rise; identification of applicable federal laws, policies, or programs that impact affected areas; and recommendations for planning, management, and adaptation for hazards associated with increasing sea level rise. -- Repeals the climate adaptation law. Appropriation to the department of land and natural resources for this Act and for the establish of 1 full time equivalent (1.00 FTE) climate mitigation and adaptation coordinator position to support the commission. ($$) -- SB0559 CD1 Committee Reports: SSCR 423 (AEN/ GVO/ TRE/) SSCR 741 (WAM) HSCR 1340 (EEP/ WAL/) HSCR 1736 (FIN) CCR 101 Section Affected: 225P-2, 225P-3, 225P-1 SB0562 SD1 HD1 (HSCR 1708) SB0572 SD1 HD1 CD1 (CCR 76) SB0584 SD1 HD1 CD1 (CCR 15) SB0609 HD1 CD1 (CCR 5) SB0611 SD1 HD2 CD1 (CCR 43) RELATING TO TORT LIABILITY. Introduced by: English J, Baker R, Keith-Agaran G, Green J, Harimoto B Amends provisions relating to defense of state employees. Requires rather than allows the attorney general to defend any civil action or proceeding brought in any court against a county based on an allegedly negligent or wrongful act or omissions of persons employed by a county as lifeguards and designated to provide lifeguard services at a designated state beach park under an agreement between the State and a county. -- SB0562 HD1 Committee Reports: SSCR 202 (PSM) SSCR 841 (JDL) HSCR 1708 (JUD) Current Status: May Received by the Governor Section Affected: RELATING TO INFORMATION PRACTICES. Introduced by: Espero W, Ihara L Amends provisions relating to affirmative agency disclosure responsibilities. Allows the office of information practices to adopt rules to protect agency records from theft, loss, defacement, alteration, or deterioration and to prevent manifestly excessive interference with the discharge of agencies' other lawful responsibilities and functions. -- SB0572 CD1 Committee Reports: SSCR 707 (JDL) HSCR 1573 (JUD) CCR 76 Section Affected: 92F-11, 92F-26 RELATING TO MORTGAGES. Introduced by: Espero W Amends provisions relating to co mortgagor. Allows a qualified resident to be assisted by a co mortgagor who is a family member, including an extended or hanai family member. -- SB0584 CD1 Committee Reports: SSCR 29 (HOU) SSCR 795 (CPH) HSCR 1150 (HSG) HSCR 1549 (CPC) CCR 15 Section Affected: 201H-46 RELATING TO ATTESTATION ENGAGEMENTS. Introduced by: Nishihara C Amends provisions relating to Hawaii supplement to the peer review report. Repeals section 201 of Statements on Standards for Attestation Engagement adopted by the American Institute of Certified Public Accountants. -- SB0609 CD1 Committee Reports: SSCR 602 (CPH) HSCR 1198 (IAC) HSCR 1551 (CPC) CCR 5 Section Affected: RELATING TO FIRE SPRINKLERS. Introduced by: Nishihara C, Kidani M Amends Act 83, session laws of 2012, which prohibits any county from requiring the installation or retrofitting of automatic fire sprinklers or an automatic fire sprinkler system in any new or existing detached 1 or 2 family dwelling unit in a structure used only for residential purposes and non residential agricultural and aquacultural building and structures located outside an urban area by extending the sunset date to June 30, SB0611 CD1 Committee Reports: SSCR 443 (PSM/ HOU/) SSCR 642 (CPH) HSCR 1149 (HSG) HSCR 1555 (CPC) CCR 43 May 4,

15 SENATE BILLS THAT PASSED THE LEGISLATURE Section Affected: ACT SB0655 SD2 HD2 CD1 (CCR 79) SB0712 HD1 CD1 (CCR 84) SB0713 SD1 HD1 CD1 (CCR 85) SB0715 SD2 HD1 CD1 (CCR 1) SB0718 SD1 HD1 CD1 (CCR 99) RELATING TO MEDIA ACCESS. Introduced by: Inouye L, Ruderman R, Tokuda J Amends provisions relating to emergency management powers, in general. Allows media access to be permitted in emergency areas that are closed; provided that the designated emergency management authority for the affected area has determined that media access is reasonable and safe and does not hinder ongoing response and recovery activities. Allows access to a duly authorized representative of any news service, newspaper, radio station, television station, or online news distribution network. Provides that when full access cannot be reasonably granted, 1 pool writer, 1 pool photographer, and 1 pool videographer shall be designated to gather and disseminate information. -- SB0655 CD1 Committee Reports: SSCR 444 (PSM) SSCR 860 (JDL) HSCR 1199 (PBS) HSCR 1564 (JUD) CCR 79 Section Affected: 127A-12 RELATING TO THE VARIANCE REPORT. Introduced by: Tokuda J Requires the governor to submit to the legislature a summary comparing by the operating cost category, the total budgeted expenditure and total actual expenditure for fiscal year and total budgeted expenditure and total estimated expenditure for fiscal year and the position ceiling and actual number of permanent and temporary positions filled in fiscal year and the position ceiling and estimated number of permanent and temporary positions to be filled in fiscal year , for each department. Further requires the governor, after consultation with the director of finance, shall submit to the legislature a recommendation on whether information similar to that required by this Act should be included in future variance reports. -- SB0712 CD1 Committee Reports: SSCR 543 (WAM) HSCR 1584 (FIN) CCR 84 RELATING TO BUDGET DOCUMENTS. Introduced by: Tokuda J Amends provisions relating to the 6 year program and financial plan. Requires the financial plan to include separately for general fund tax revenues, special fund tax revenues, general fund nontax revenues and special fund revenue by kinds of taxes, the amount of tax expenditure made in the last completed fiscal year and estimated to be made in the fiscal year in progress and in each of the next 6 fiscal years. -- SB0713 CD1 Committee Reports: SSCR 544 (WAM) HSCR 1585 (FIN) CCR 85 Section Affected: 37-62, 37-69, RELATING TO THE SPECIAL ACTION TEAM ON AFFORDABLE RENTAL HOUSING. Introduced by: Tokuda J, Rhoads K Amends Act 127, session laws of 2016, which establishes a temporary special action team on affordable rental housing within the office of planning for the special purpose of recommending actions to increase the supply of rental housing by adding the executive director of the Hawaii community development authority and the executive director of the Hawaii public housing authority to the team. -- SB0715 CD1 Committee Reports: SSCR 27 (HOU) SSCR 750 (WAM) HSCR 1226 (HSG/ WAL/) HSCR 1674 (FIN) CCR 1 Current Status: Apr Received by the Governor Section Affected: ACT RELATING TO THE COMMUNITY COURT OUTREACH PROJECT. Introduced by: Tokuda J, Rhoads K Establishes the community court outreach project in the city and county of Honolulu. Requires the judiciary to administer and operate the project from July 1, 2017 until June 30, Requires the project to operate a mobile court that travels to communities where defendants who have been cited or arrested for certain nonviolent offenses and who do not pose a threat to the public live or congregate, and dispose of the cases of defendants who enter plea agreements after negotiations between the prosecuting attorney and public defender. -- Provides that subject to the availability of funds through May 4,