What happened in the 2013 Hawaii legislature, part 2

In 2013, 276 bills became law in Hawaii, and an additional 12 bills became law without Governor Neil Abercrombie’s signature.

I skimmed through the legislation summaries and highlighted the laws that I think are important and will impact us all. If I’ve missed any significant or costly laws (in terms of spending or freedoms), please let me know!

Last week, I highlighted two of the best bills of the session, and covered bills that I think are trade-offs between public safety and person freedom, bills that make our government bigger, and bills that spend more taxpayer money.

This week, I’m looking bills that lower taxes (though not for everyone), bills that affect education, and bills that affect Native Hawaiians.

Lower taxes and tax credits:
* Credits for filming in Hawaii: We have extended the motion picture, digital media, and film production income tax credit to 2019 and increased the credit ceiling to $15 million (Act 89). Noteworthy productions: “Hawaii Five-O” (2010-current), “The Hunger Games: Catching Fire” (2013), and “Godzilla” (2014).
* Lowering the already high Transient Accommodations Tax (TAT): The additional tax has been repealed, and the tax rate has returned to 9.25%. With funds from the TAT, we’ll create Hawaiian center and the Museum of Hawaiian Music and Dance; excess revenues will go to the general fund (Act 161). I think we should make it even less expensive for visitors to come to Hawaii, because there are closer and cheaper vacation destinations. I understand that making Hawaii expensive to visit is a marketing strategy, but we have to live here. The provision about excess tax revenues seems unrealistic (or a way to grab tax money).
* Exemptions for condo associations and hotel operators: Condominium and hotel common expenses will be exempt from the general excise tax (Act 163). This exemption makes sense; the condo associations and hotels are not making a profit on those expenses. It would be like taxing yourself for buying a hammer to make home repairs.
* No limits on charitable giving: We now exempt charitable income tax deductions from the itemized deduction caps (Act 256). Hopefully this will encourage charitable giving among the people who can give the most. But how many people will be affected by this and how much of an impact will it really have?

Education:
* Educating future farmers: The Department of Education must operate and implement the Future Farmers of America program, at a cost of $75,000 for fiscal year 2013-2014 (Act 204). Why is this program implemented through the DOE? Shouldn’t it be headed by the Department of Agriculture, which has the knowledge and expertise about agriculture?
* Making preschool more accessible: We established the voluntary Preschool Open Doors Program, which will cost $6 million in preschool subsidies for fiscal year 2014-2015, as well as $1.16 million over two years for three temporary positions and to contract services (Act 169). Kindergarten was originally “preschool” and was meant to get children ready for school. In my opinion, preschool is not the right solution for everyone; most children would benefit from being close to family and home in the early years.  It is also important to note that the Hawaii legislature created a preschool “crisis” by repealing the junior kindergarten program with Act 178 in 2012.
* Audits and disclosures for charter schools: There are now provisions for charter schools relating to annual independent financial audits, criminal history record checks, enrollment, conflicts of interest and disclosure, facilities funding, and hiring (Act 159). This is long over-due and is just basic business sense. Any organization, especially one that receives public funds and works with children, should operate with basic safety and financial disclosures – and should be accountable to the public.

 Native Hawaiian Affairs:
* Who is “Native Hawaiian”? The definition of “qualified Native Hawaiian” now includes individuals who meet certain expanded ancestry requirements, as certified by the Native Hawaiian Roll Commission  (Act 77). This seems to automatically enroll people in the Native Hawaiian Roll Commission who may have confirmed their ancestry for non-political reasons (such as education). Are there provisions to let people know they have been automatically enrolled, and to allow them to opt-out?
* Office of Hawaiian Affairs (OHA) elections: Board members for OHA will now be elected through nonpartisan primary and general elections (Act 287). This sounds reasonable: instead of being overwhelmed by candidates, voters can focus on fewer candidates in a general election, and candidates who are elected in primary elections can focus on their campaigns.
* Making room for canoes: The Department of Land and Natural Resources (DLNR) must accommodate mooring of native Hawaiian canoes owned or leased by nonprofit entities and used for educational purposes in small boat harbors (Act 243). This sounds reasonable: canoes and other watercraft should have fair and equal access to public facilities.

How would you rate our Hawaii legislature? What do you think are their best accomplishments and most misguided undertakings in 2013? What do you expect from our Hawaii legislature now that the 2014 session is underway?

What happened in the 2013 Hawaii legislature, part 1

In 2013, 276 bills became law in Hawaii, and an additional 12 bills became law without Governor Neil Abercrombie’s signature.

I skimmed through the 2013 legislation summaries and highlighted the laws that I think are important and will impact us all. If I’ve missed any significant or costly laws (in terms of spending or freedoms), please let me know!

Best 2013 Hawaii bill for government innovation: In my opinion, the best bill of 2013 is Act 155, which establishes a pilot program to generate revenue through the lease of public school lands for public purposes. Instead of raising taxes or cutting services, this bill looks for ways to earn revenue from existing government resources. Not only could leasing public school lands generate revenue, it could ensure better maintenance of school grounds and could discourage vandalism and graffiti during school breaks.

Best 2013 Hawaii bill for public safety: A close runner-up would be Act 213, which requires the Department of Health to post on its website reports of all inspections at state-licensed care facilities occurring on or after January 1, 2015. With our aging population, it is important to find out which health care facilities meet safety and care standards.

Trade-offs between public safety and personal freedom:
* Seatbelts required: All front and back seat passengers must wear a seatbelt (Act 73). Adults should be responsible for their own safety.
* Hawaii driver’s licenses scanning: Businesses may scan your driver’s license or Hawaii ID to verify your age when providing age-restricted goods or services (Act 195). Will our personal information (name, address, date of birth, and license or ID number) be secure?
* Hawaii Homeland Security established: Hawaii now has a State Office of Homeland Security within the State Department of Defense (Act 175). How much effort are we duplicating with our Civil Defense department? Why do their responsibilities include “foster coordination on security matters with all nations of the Pacific region”?

Bigger government:
* More task forces and advisory boards: We have the newly-created Hawaii Refinery Task Force (Act 78), the Hawaii Agriculture Workforce Advisory Board (Act 99), and the Hawaii Employer-Union Health Benefits Trust Fund (EUTF) Task Force (Act 268). I’m sure many more task forces and advisory boards were created. Do we need them? How much will they cost?
* More government oversight over occupational licensing: Advanced practice registered nurses must now have a graduate degree in nursing (Act 19). Licensed social workers must now complete minimum credit hours of continuing education courses for upcoming licensing renewal periods (Act 183). Does government have the authority and expertise to set occupational licensing requirements? Shouldn’t they be set by state or national occupational boards?
* More regulations on honey: Regulates the amount of honey that can be sold without a Department of Health permit, specifies honey labeling, and requires honey producers to take food safety classes (Act 131). Shouldn’t this be covered by food safety laws? It seems like micro-management or targeting of small honey producers.
* More power over conservation land under harbors: The Department of Transportation, Harbors Division, is now exempt from the permit and site plan approval requirements established for (submerged) lands within the conservation district (Act 86). The bill did not contain enough information to evaluate this exemption, but shouldn’t construction on public lands be permitted and open to public input?

More government spending:
* Higher spending for State retiree health plans: We increased the State’s base monthly contributions for retired Hawaii state and county employee health care plans, in some cases 33% to over 100% (Act 282). For example, the contribution for each employee-beneficiary enrolled in supplemental Medicare self plans increases from $254 to $524.73; the contribution for each employee-beneficiary enrolled in supplemental Medicare two-party plans increases from $787 to $1,051.71; and the contribution for each employee-beneficiary enrolled in supplemental Medicare family plans increases from $412 to $1,531.78. Have we budged for the increase? How has the Affordable Care Act affected these contribution rates?
* $500,000 for commemorative art: We will spend $250,000 over two years to commission permanent works of art to honor the late US Senator Daniel K. Inouye and the late US Representative Patsy T. Mink (Act 281). Could this be done through a non-profit foundation instead?
* More public assistance: We have eliminated the asset limit for households with children (previously, $5,000 and one motor vehicle) for the Temporary Assistance for Needy Families program (Act 18). There is not enough information in this bill for me to comment. Asset limits may encourage people to spend money (instead of save it), but removing the asset limit entirely may not encourage people to save money and may make fraud easier.

How would you rate our Hawaii legislature? What do you think are their best accomplishments and most misguided undertakings in 2013? What do you expect from our Hawaii legislature when the 2014 session begins tomorrow on January 15?

Hawaii Legislative Watch: Trivial pursuits

So far, we’ve looked at proposed bills in the 2013 Hawaii Legislative session that affect taxes, education, citizens’ rights, spirited debate, the law on our side, and Native Hawaiian issues. As I wrap up this year’s legislative watch, I thought I’d list some of the minor and even trivial bills that I’ve come across.

Here are 6 kinds of ideas proposed during the 2013 Legislative Session that I think should have a low priority with lawmakers. Isn’t there a way to separate the major bills from the trivial? If I’ve missed any un-important bills, please let me know!

1. “Official” passion: HB293 designates Flavobacterium a’ki’ a’.in’ viv.ens (akiainvivens) as the official State microbe. SB537 designates the Honor and Remember Flag as the State’s emblem of service and sacrifice. SB775 designates the Hawaiian hoary bat as the State land mammal.

2. “Awareness” and “Honor” mania: SB856 establishes January 30 as Fred Korematsu Day. HB1187 designates January as Human Trafficking Awareness Month. HB109, HB223, SB409, and SB469 designate February as ’Olelo Hawaii Month. HB1431 designates August 4 as President Barack Obama Day. HB1427 designates September 7 as United States Senator Daniel K. Inouye Day. HB1089 designates October as Kalo Appreciation Month. HB1433. SB1359 designate October as Non-violence and Peace Awareness Month. HB1159 and SB317 re-designate the second Monday of October from Discover’s Day to Indigenous Peoples’ Day. HB530 designates November as Homeless Awareness Month.

3. “In Honor of” renaming frenzy: HB686 and HB1428 renames the HonoluluInternationalAirport to the Daniel K. Inouye – HonoluluInternationalAirport. HB751 and SB50 rename Saddle Road to the Daniel K. Inouye Legacy Highway. SB100 renames the East-WestCenter to the DanielK.InouyeEast-WestCenter. SB925 renames Mokulele Highway on Maui as the Daniel K. Inouye Veterans Highway.

4. Inscription changing and department renaming: HB1272 renames the Department of Health to the Department of Health and Environmental Services. SB233 changes the inscription on the Queen Lili’uokalani statue to the dates of her coronation and death. SB423 renames the AmericanCollege of Obstetric and Gynecology to the AmericanCollege of Obstetricians and Gynecologists.

5. Inconsequential regulations: HB36 converts Hawaii to the metric system. HB1041 restricts the hours that you can use leaf blowers. HB1341 says it is “not unlawful” to own an antique slot machine, if it is not used for gambling. HB1464 establishes “less burdensome licensing requirements” for hair braiding. Are bad braids a fashion crime? SB482 regulates the amount of honey that is sold without a permit.

6. Civil nuisances: HB15 makes it a crime for personal injury or property damage caused by feeding feral birds. HB33 and SB808 prohibit public urination and defecation in downtown Honolulu. But it’s okay everywhere else? SB743 prohibits the keeping, breed, or harboring of feral pigs. Are domestic pigs allowed? SB279 makes it a crime not to maintain your property. How much influence should our neighbors have on the way our homes and lawns look? HB1121 and SB7 prohibit selling dogs and cats in public spaces, except for humane groups. Does this happen a lot? Why is it a crime?

Please think about these issues and how they may affect you and everyone around you. If you feel strongly about an issue, speak out! Talk to your family and friends, let your Hawaii legislators know about it, and write letters to the local newspapers.

Hawaii Legislative Watch: Native Hawaiian issues

I’ve skimmed and summarized proposed bills in the 2013 Hawaii Legislative session that deal with taxes, education, citizens’ rights, spirited debate, and ideas to help Hawaii residents. I thought I’d take a moment to look at the Native Hawaiian issues that affect us all.

There are 8 Native Hawaiian issues in the 2013 Legislative Session. If I’ve missed any important bills, please let me know!

1. Defining “Native Hawaiian”: HB252 defines a “qualified Native Hawaiian” and requires annual reports from the Native Hawaiian Roll Commission. Is a person’s identity defined by blood quantum? Should government representation, rights, privileges be based on blood quantum?

2. Promoting the Hawaiian language and culture: HB109, HB223, SB409, and SB469 designate February as ’Olelo Hawaii Month. SB236 requires the accurate spelling and punctuation of Hawaiian words and names on state and county documents. HB1089 designates October as Kalo Appreciation Month. HB1159 and SB317 re-designate the second Monday of October from Discover’s Day to Indigenous Peoples’ Day. HB1446 and SB1353 fund the Ka Haka ’Ula O Ke’elikolani College of Hawaiian Language at the University of Hawaii at Hilo. HB768 and SB1004 fund the Works of Art Special Fund to support Hawaiian culture and the arts through the Transient Accommodations Tax. Why is this being funded by tourists? SB231 requires the Hawaiian Tourism Authority to develop and maintain a comprehensive Hawaiian cultural resources database. SB487 funds the Native Hawaiian Hospitality Association for tourism-related programs. How much will this cost?

3. Promoting Hawaiian studies: HB1317 and SB1338 support programs to teach the Hawaiian language in pre-kindergarten. HB1329 requires the funding of Hawaiian language immersion programs. SB410 requires the DOE to develop annual assessments in Hawaiian for Hawaiian language immersion programs. Will Hawaiian language immersion students be at a disadvantage in learning and using English? HB253 and SB481 establish the Instructional Office of Hawaiian Studies in the Department of Education. Will this add more bureaucracy and more constraints on teachers? HB679 establishes the Native Hawaiian Center of Excellence. Can we afford it? HB220 and SB406 require the Office of Hawaiian Affairs to establish, design, and administer a training course in “Native Hawaiian matters” for specified members of boards, councils, and commissions; and require those members to take the course within six months of their appointments. How can we balance Hawaiian studies with the need to know English in most colleges and careers?

4. Funding Hawaiian Home Lands: HB175 authorizes $10 million from the public land trust to the Department of Hawaiian Home Lands to develop farm and home ownership. HB1347 and SB514 fund a temporary housing pilot program on Hawaiian Homestead lands. Are we promoting home ownership or are we promoting entitlement?

5. Preserving Native Hawaiian farmlands and fishponds: HB481 permits certain traditional Hawaiian hale to be built on farm land without a building permit. HB662 establishes state lease preferences for the reconstruction, restoration, repair, or use of kanaka maoli fishponds. HB710 facilitates the restoration of Hawaiian fishponds. Will the fishponds be used for self-supporting educational purposes (they sell what they raise to fund the operation) or for commercial activities?

6. Respecting Native Hawaiian burial remains: SB234 creates a task force about Hawaiian skeletal remains. SB320 requires that discovered iwi kupuna (Native Hawaiian bones) be reinterred annually on the island of Kaho’olawe.

7. Accommodating Hawaiian canoes: SB1371 allows the mooring of Native Hawaiian canoes owned by nonprofit entities and used for educational purposes in small boat harbors. We have to balance educational access with harbor maintenance.

8. Protecting taro: HB107 and HB735 prohibit genetically engineered Hawaiian taro. HB483 identifies taro lands. HB484, HB734, SB1269, and SB1270 protect taro lands and taro-growing structures. I think we should protect agricultural lands as much as possible.

Please think about these issues and how they may affect you and everyone around you. If you feel strongly about an issue, speak out! Talk to your family and friends, let your Hawaii legislators know about it, and write letters to the local newspapers.

Hawaii Legislative Watch: Law on our side

Recently, we’ve looked at proposed bills in the 2013 Hawaii Legislative session that affect taxes,  education, and citizens’ rights, and provoke spirited debate.

This week, let’s look at bills that may put the law on the side of Hawaii residents and taxpayers. If I’ve missed any important bills, please let me know!

In addition to proposed bills about campaign finance reporting, conflicts of interest, and prohibitions against nepotism, there are 5 ideas that restrict legislators and give more power to voters.

1. Term limits for legislators: HB180 limits the terms of legislators to five consecutive terms in the House or three consecutive terms in the Senate. HB1036 limits the terms of legislators to 10 cumulative years in the House and 12 cumulative years in the Senate. SB264 limits the terms of legislators to six consecutive terms in the House and three consecutive terms in the Senate. SB573 limits the terms of legislators to 12 consecutive years in the House and 12 consecutive years in the Senate. This could encourage “regular” people to get involved in government, instead of career politicians.

2. Residency requirements for legislators: HB341 requires a candidate for state or county office to have resided within the district of the office sought for at least six months prior to nomination. HB269 and SB478 require legislators to be a resident of Hawaii for at least five years and a resident of the legislative district for at least one year prior to the general election. This would give legislators a chance to get to know the issues that affect their district.

3. More power for voters: HB1445 and HB1447 give voters the right to recall elected public officers. SB229 gives voters the right to impeach the governor, lieutenant governor, and appointive officers. SB771 gives voters the rights of initiative, referendum, and recall. SB223 gives voters the right to write-in candidates. SB982 and SB1024 require that only yes or no votes be counted (blank votes would be discounted) when determining whether a majority of votes have approved an amendment. These bills could encourage more people to vote and would promote more accountability in our elected officials.

4. Bi-annual legislative sessions: SB291 provides that regular sessions of the Hawaii Legislature would occur in every odd-numbered year, rather than every day. This would save us money by reducing the number of legislative sessions; it would limit the number of new laws that can be proposed; and it would give us more time to debate the proposed bills.

5. Limits on legislative fundraisers: HB1246 and SB843 prohibit legislative fundraisers during the legislative session. This makes sense – legislators have only a limited time in session, and it should not be spent fundraising or being influenced by campaign donations.

There are 4 ideas that encourage personal responsibility:

1. You’re responsible for your risky behavior: SB1167 and SB1168 release public entities and employees from liability for injury or damage on government land when engaged in mountain climbing, rock climbing, rappelling, and bouldering. SB1285 grants immunity to state and county agencies and employees from liability for injury or damage while engaged in hazardous recreational activities. We are responsible for our own risky behavior.

2. Actions have consequences for minors: HB239 and SB420 require the family court, when requested by the victim, to require a minor to make restitution to the victim. People should face punishment (probation or jail) as well as restitution (making things right with the victims). SB254 prohibits abortions on a minor without parental consent, unless there is a serious health risk. Abortion is a life-changing decision; parents and guardians need to be involved.

3. Grandparents have responsibilities too: HB340, HB600, and SB924 require the parents of a minor mother or minor father to contribute to the support of their grandchild until the minor’s age of majority. Teen moms need the emotional and financial support of their families, and this could reduce the amount of state financial aid; but it could also promote abortions.

4. Low-income housing for those who really need it: HB532 includes the value of registered motor vehicles as an asset when qualifying for state low-income housing. HB536 disqualifies any applicant or tenant who owns or acquires a home in Hawaii from state low-income housing. All assets, including cars and homes, should be considered!

There are 7 ideas that help and empower the general public:

1. Helping taxpayers choose how our money is spent: HB314 authorizes “crowdfunding” so that people can fund a specific capital improvement project and monitor the progress of the project. I like this idea! It would help us raise money for community playgrounds, parks, libraries, and even minor repairs; and it would make government accountable for the budget and timetable of the projects.

2. Helping employees: SB261 allows employees to refuse to join a labor union. Unless it involves licensing (such as medical personnel and lawyers), joining a union should be an individual choice.

3. Helping home-based businesses: SB367 allows home-based baking businesses to sell food items to consumers. This would encourage home businesses and entrepreneurship.

4. Helping homeowners and property owners: HB603 allows the use of deadly force when protecting one’s primary dwelling against an intruder. We shouldn’t have to worry about the “rights” of criminals who try to rob or hurt us! SB265 and SB266 restrict the government’s use of eminent domain to property acquired for public use, not private use. Personal property should never be seized (stolen) for personal gain. And if it’s for public use, it must be undeniable. SB250 refunds to property owners all but $1 million from the Hurricane Reserve Trust Fund. What do you think?

5. Helping drivers: SB290 abolishes the annual safety check. SB955 exempts a new car from obtaining a safety check from two years to three years. How effective are safety checks? HB1400 and SB790 repeal the 10% ethanol requirement in gasoline. Is gas with ethanol better for the environment? How does it affect our food supply? Are car engines designed to use it?

6. Helping rape victims: HB405, SB295, and SB529 terminate parental rights in cases of sexual assault or incest. Rapists have no parental rights.

7. Helping travelers’ dignity and privacy: SB776 prohibits the use of body imaging scanning in airports. We are not cattle.

Please think about these issues and how they may affect you and everyone around you. If you feel strongly about an issue, speak out! Talk to your family and friends, let your Hawaii legislators know about it, and write letters to the local newspapers.