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LOCAL
HOW MAJOR BILLS FARED AT THE CAPITOL
Here is the status of major bills near the halfway point of the 60-day legislative session. The bills that are alive have passed at least one chamber of the Legislature.
The bills that are failing were not approved by the House or Senate by Thursday’s procedural deadline. Failing bills can be revived later, however,
and measures can be rewritten to change their effect before the session adjourns in May.
GOVERNMENT TAXES
PASSING PASSING
State construction Income tax increase
HB 2725 HD1 HB 2385 HD1
Would appropriate Would increase the state
$4.9 billion for state income tax on upper-in-
construction, includ- come residents to collect
ing about $1.8 billion an additional $61 million.
in borrowed funds. The top rate is now 11%,
Includes $200 million for and the bill would estab-
modifications to the H-1 lish new rates of 12%
Freeway eastbound from for single filers making
Waikele to the Halawa $375,000 or more, and
area, and $113 million 13% for single filers mak-
for construction of an ing $450,000 or more.
additional H-1 lane east- High-income joint filers
bound from the Middle and heads of households
Street area to Vineyard would see comparable
Boulevard. increases.
Lower voting age Excise tax hike
SB 4 SD1 HB 1990 HD2
Would propose a con- Would impose a new
stitutional amendment to half-percent excise tax
lower the qualifying age surcharge in 2031 to
to 16 for voters. collect more than
$380 million a year to
Ranked voting help fund educational
SB 2006 SD2
facilities and highways,
Would establish ranked including protecting
choice voting for special highways from climate
federal elections and for change damage; and
vacant County Council also prepay public
seats. workers’ retirement
health benefits and boost
Lobbying rule the balance in hurricane
HB 2124 HD1
reserve trust fund.
Would prohibit former
governors, lieutenant REIT tax
governors and cabinet SB 2697 SD1
members from lobbying Would disallow the tax
lawmakers or the ad- deduction for dividends
ministration for one year paid out by real estate
after they are terminated investment trusts, ef-
from their positions. fectively imposing state
corporate income taxes
Emoluments on most REITs. Trusts
HB 361 HD1 SD2
with all of their Hawaii
Would prohibit the gov- properties committed to
ernor and each county affordable housing would
mayor from holding any still be eligible for the
other employment or re-
deduction. REITs gross
ceiving any emolument. an estimated $1.3 billion
a year from their Hawaii
Benefit cuts
HB 2678 HD1 operations, but pay no
corporate income tax.
Would require forfeiture
of a state or county em-
Carbon tax
ployee’s compensation
SB 3150 SD2
and fringe benefits upon Would impose a new
a work-related felony
carbon tax by increasing
conviction. the barrel tax on imported
oil, and offer a tax credit
State contracts
HB 2020 HD1 to offset the cost of
the new tax on people
Would require the state
procurement office to earning 60% or less of
median income.
establish a past-per-
formance database for
E-cigarette tax
government contractors. SB 2227 SD2
Requires certain con-
Would impose the
tract awards take into
state’s tobacco tax on
account a contractor’s e-cigarettes.
past performance.
Litter control
Tax credits SB 2301 SD1
SB 3007 SD2
Would increase the state
Would require the cigarette tax to fund the
state to make public
cleanup of cigarette litter.
the names of taxpayers
who receive tax credits Rental car tax
for specific economic HB 1930 HD1/SB 2687 SD1
activities. Would increase the state
motor vehicle rental
surcharge from $5 per
FAILING day to an unspecified
amount. The original bill
AG subpoenas proposed an increase
Would prohibit the
to $8 per day. Senate
Attorney General from
bill would boost the
any investigation in con-
surcharge from $5 to $8
nection with nonviolent
on Maui only to help fund
civil disobedience that
the Honoapiilani Highway
is protected under the
realignment project.
Constitution.
Renters’ credit
Disclose clients
HB 1957 HD2/SB 2627 SD2
Would require candi-
Would adjust the income
dates for state offices
tax credit for low-income
to disclose the names
renters, and automati-
of clients they have
cally adjust the credit in
assisted before state
agencies. future years based on the
consumer price index.
HHL commission The original version of the
Would require at least bill would have set the
five Hawaiian Homes new credit at $200 per
Commission members exemption per year. The
to be Native Hawaiians renters’ credit has not
or current Hawaiian been increased since it
homestead lessees, and was set at $50 per year
at least two of those per exemption in 1981.
be on the wait list for
Doctors’ exemption
Hawaiian homelands.
SB 2542 SD2
Lawmakers teach Would exempt medical
Would propose an services from the state
amendment to the state excise tax if they are
Constitution to specif- provided by physicians
ically allow members and advanced practice
of the Legislature to be
registered nurses who
employed as faculty at
are acting as primary
the University of Hawaii.
care health providers.
Candidates’ quiz
Would require candi- FAILING
dates for county election
to take the civics prac- Food exemption
tice test published by Would exempt food pur-
the U.S. Citizenship and
chases, medical services
Immigration Services,
and feminine hygiene
and would publish the
products from the state
results. excise tax starting in
2020.
Transit tax
Would propose an
Conveyance tax
amendment to the state Would increase the state
Constitution to authorize conveyance tax rate for
the Legislature to residential investment
establish a tax surcharge
properties worth
on real property near
$2 million or more.
rapid transit stations to
Resale tax
finance development of
infrastructure in those Would impose a new tax
areas. of 25% on the proceeds
from the sale of condo-
miniums or single-family
homes if the properties
are resold by non-owner
occupants within five
years of the date of the
initial purchase.
EDUCATION
PASSING
School facilities
SB 3103 SD2/HB 2544
Would establish the
School Facilities Agency,
which would be respon-
sible for all public school
development, planning,
and construction.
Expand preschool
HB 2543 HD1
Would expand Preschool
Open Doors Program
eligibility from 4-year-old
children to all children
who are 3- to 4-years
old who are 2 years prior
starting kindergarten.
Establishes a program
for the Department
of Human Services
to award grants for
preschools to help them
expand capacity.
Hawaii Promise
HB 2250 HD1
Would expand the “last
dollar” scholarship
program for students in
the community college
system to students in
Hawaii’s four-year uni-
versities if they major in
teaching, health care, en-
gineering or social work.
Gov. David Ige proposed
$19 million in funding for
the program.
Teacher raises
SB 2488 SD2
Would fund extra pay for
teachers in hard-to-fill po-
sitions including special
education, hard-to-staff
geographic locations
and Hawaiian language
immersion programs.
Better schools
HB 2697 HD1
Would establish a “No
Time To Lose” commis-
sion to examine how
Hawaii public schools
can be internationally
competitive.
College savings
HB 1469 HD2 SD1
Would establish a state
income tax deduction for
contributions made to
the Hawaii 529 college
savings program starting
in 2020.
School violence
HB 2703 HD2
Would establish a
pilot program to prevent
targeted school violence
by creating threat
assessment teams at
the elementary, middle,
high school and college
level for targeted violence
including shootings or
bombings. Teams would
develop protocols for
coping with threats and
would train the public.
Play outside
SB 2061 SD2
Would establish the No
Child Left Inside program
to award grants promot-
ing outdoor education
and recreation programs.
Teacher taxes
SB 2261 SD2
Would provide an
income tax exclusion
of $30,000 to reduce
taxes for full-time school
teachers, special edu-
cation teachers, school
librarians, and school
counselors employed
by the Department of
Education or a charter
school.
Loan forgiveness
SB 2052 SD2
Would add early child-
hood education teachers
to the Hawaii educator
loan program and allow
the education loans of
those teachers to be
forgiven after five years of
teaching.
FAILING
Property tax
Proposes amendments
to the Hawaii state Con-
stitution to provide that
the taxation of real prop-
erty shall be under the
concurrent jurisdiction of
the counties and also the
Board of Education for
the purpose of funding
teacher compensation.
Promise loans
Would convert the
Hawaii Promise college
scholarship program to a
loan program.
Expulsions
Would prohibit the
expulsion and limit the
suspensions of children
participating in the
Executive Office on Early
Learning’s public prekin-
dergarten program.
CONSUMER
PROTECTION/LABOR
PASSING
Minimum wage
HB 2541 HD1
Would increase the state
minimum wage from
$10.10 today to $11 per
hour in 2021; $12 per
hour on 2022; $12.50
per hour in 2023; and
$13 per hour in 2024.
Would also make the
state earned income tax
credit refundable, and
increase the food/excise
tax credit to $150 per
person for families that
earn less than $30,000
per year. Those tax
credits would cost the
state an extra $73 million
a year.
Flavored products
SB 2228 SD2
Would prohibit the sale
of flavored products
for electronic smoking
devices. Would include
e-liquid and electronic
smoking devices within
the definition of “tobacco
products,” making them
subject to state cigarette
and tobacco taxes.
Child restraints
HB 2004 HD1/SB 2106 SD2
Would require rear-facing
child safety seats for chil-
dren under 2 years old.
Helicopters
HB1907 HD2
Would prohibit the
operation of a helicopter
for commercial purposes
without a valid instrument
rating from the Federal
Aviation Administration.
Autonomous cars
HB 2590 HD2
Would establish a
two-year autonomous
vehicles testing program.
Gender equity
SB 2636 SD2
Would require publicly
held corporations that
have their principal exec-
utive offices in Hawaii to
include women on their
boards of directors.
Wifi and internet
SB 2307 SD2/HB 2055
Would require all state
and state-funded facilities
with wireless access to
have filters to restrict
access to pornography
sites. Exempts state-
owned housing and
dormitories.
LGBTQ+
HB 2037 HD2
Would create a state
panel of the lesbian, gay,
bisexual, transgender,
queer, plus commission
to advocate for equity for
that population.
Cannabis cards
SB 2543 SD2
Would prohibit employ-
ers from discriminating
in hiring or termination
because a worker is
a medical cannabis
cardholder.
Employment
discrimination
SB 2193 /HB 1782 HD1
Would prohibit many
employers from consid-
ering felony convictions
that are older than five
years and misdemeanor
convictions older than
three years for employ-
ment purposes. Currently
employers can consider
felony convictions that
occurred within the last
10 years, and misde-
meanor convictions
within the last five years.
College athletes
SB 2673 SD2
Would establish the right
of postsecondary student
athletes in intercollegiate
athletics to receive
compensation for the use
of their names, images,
or likenesses.
FAILING
Scrap HI-5
Would repeal the deposit
beverage container pro-
gram.
Insulin cost cap
Would require insurance
plans to cap the cost of
co-pays for insulin.
Smoking ban
Would ban smoking
on the grounds of drug
treatment facilities.
Electric discount
Would require the Public
Utilities Commission to
establish preferential
electricity rates for
homes located within
a one-mile radius of a
utility-scale wind energy
facility.
PUBLIC
SAFETY
PASSING
Gun magazines
HB 1902 HD2/SB 2519 SD2
Would ban large capacity
rifle magazines that can
hold more than 10
bullets. Large capacity
magazines are already
banned in Hawaii for
handguns.
Red light cameras
SB 2994 SD2/HB 1676 HD1
Would authorize counties
to use camera systems
to issue tickets to people
who run red lights.
House bill would initially
limit the system to 10
intersections in urban
Honolulu, and allow only
warnings to be issued
during the first month.
Ammunition sales
HB 2736 HD/SB 2635 SD2
Would require that gun
owners present proof
that they own a legally
registered firearm before
they can buy ammunition
for that weapon.
Dangerous drugs
SB 2793 SD1
Would establish a new
misdemeanor offense of
promoting a dangerous
drug in the fourth degree
punishable by up to a
year in jail in cases where
a suspect is caught with
dangerous drugs such
as cocaine or metham-
phetamine in amounts
less than two grams.
Possession of less than
two grams of dangerous
drugs is currently a felony
punishable by up to five
years in prison.
Inherited guns
HB 2709 HD2
Would require that
representatives be
appointed to the estates
of deceased gun owners
to ensure all firearms
are properly disposed of
or transferred to legally
qualified new owners.
Drunken driving
SB 2234
Would lower the
threshold blood alcohol
concentration for the
offense of operating a
vehicle while under the
influence of an intoxicant
from .08 grams of alco-
hol in breath or blood to
.05 grams.
Ghost guns
HB 2744 HD1
Would crack down on
so-called “ghost guns”
by creating a new felony
offense of purchasing,
manufacturing or other-
wise obtaining firearm
parts for the purpose of
assembling a gun with no
serial number.
Sports officials
SB 2612 SD1
Would establish the
offense of assault against
a sports official.
Property forfeiture
HB 2069 HD1
Would prohibit civil asset
forfeiture of private prop-
erty unless the covered
offense is a felony for
which the property owner
has been convicted.
Contact visitation
SB 2349 SD1
Would require all state
correctional facilities to
allow family members
to engage in contact
visitation with inmates
at any state correctional
facility during official
visiting hours.
FAILING
Reduced fines
Would require courts to
reduce traffic fines for
low-income motorists.
The collective amount of
the fines would not be
allowed to exceed 1% of
the motorists’ incomes.
Fireworks searches
Would require sheriff’s
deputies with explo-
sive-sniffing dogs to ran-
domly inspect incoming
shipping containers.
Tougher penalties
Would increase penalties
for the crimes of assault,
burglary, criminal proper-
ty damage and theft.
Monetary bail
Would prohibit courts
from requiring a monetary
bail as a condition for
release when a person
is charged with a petty
misdemeanor, a traffic
violation, with certain
exceptions.
HEALTH/
SOCIAL SERVICES
PASSING
COVID-19 funding
SB 75 SD2/HB 1629 HD1
Would appropriate
$10.5 million to state de-
partments for the public
health response for the
next four months to the
coronavirus outbreak,
including monitoring
arrivals at state airports
and harbors, sanitation
teams, public commu-
nications, equipment,
lab costs, quarantine
and other related costs.
House bill would provide
money for next year.
Mental health beds
HB 2522 HD1/SB 2505 SD2
Would require the Health
Department to repurpose
unused state facilities
for short-term residential
use by patients with
substance abuse or
mental health conditions.
Would authorize use of
Medicaid reimbursement
money to retrofit state
facilities such as Leahi
Hospital, the old Kona
judiciary complex or hos-
pitals in Hilo to provide
treatment beds.
Family leave
SB 2491 SD2
Would instruct Depart-
ment of Labor and Indus-
trial Relations to develop
a family leave insurance
program to provide up to
16 weeks of paid family
leave. Leave could be
used to care for a child
or family member, and
benefits would range
from 50% to 90% of
the employee’s average
weekly wage up to a
maximum of $1,000
per week. Coverage
would be financed with
employer and employee
contributions, with the
employee contribution
capped at half the cost of
the coverage.
Aid in dying
SB 2582 SD1
Would reduce the man-
datory waiting period for
terminally ill patients who
wish to use lethal doses
of prescription drugs to
end their lives. Would
allow some advanced
practice registered
nurses to prescribe the
drugs.
Edible cannabis
HB 2097 HD2
Would authorize licensed
marijuana dispensaries
to sell edible cannabis
products.
Elder abuse
SB 531 SD2
Would make financial
exploitation of a vulnera-
ble adult by a caregiver
punishable by up to 20
years in prison.
Treatment or jail?
SB 2631 SD1/HB 1620 HD2
Would permit judges to
refer criminal defendants
to diversion programs
or treatment court if
the defendants have
serious and persistent
mental illnesses. House
bill would apply to petty
misdemeanors.
Fetal alcohol
HB 2047 HD1
Would create a task
force to identify therapies
and home- and commu-
nity-based care services
to help children and
adults with fetal alcohol
spectrum disorders.
Psychologists
SB 3075 SD1
Would require the state
Board of Psychology to
establish a pilot program
on Kauai to grant
prescriptive authority to
qualified psychologists.
Medical release
HB 1972 HD2
Would create a medical
release program for ill,
disabled or impaired
inmates who pose a low
risk to public safety.
FAILING
Fluoridation
Would fluoridate Hawaii’s
public water supplies.
Retirement savings
Would establish a Hawaii
Retirement Savings Pro-
gram for private sector
employees.
Senior benefits
Would establish the
Hawaii Senior Benefits
Payment Program to
provide qualifying senior
citizens in Hawaii with a
monthly stipend to defray
cost of living expenses.
ENVIRONMENT
PASSING
Coal
HB 2657 HD3
Would prohibit all coal
burning as of Dec. 31,
2022.
Wind energy
HB 2188 HD1
Would establish a 1-mile
setback from the nearest
existing dwelling unit
for certain wind energy
facilities in agricultural
districts. Requires a study
on the effects of noise
from wind energy facilities
on the health of residents.
School buses
SB 2325 SD2
Would require all school
bus contracts entered
into by the state starting
in 2050 require that the
contractors’ vehicles
be propelled by electric
power or a non-fossil
fuel, and to be equipped
with seat belts.
Clean cars
HB 2699 HD2
Would establish a clean
transportation goal
for the state of 100%
light-duty clean vehicles
by the end of 2045.
Spittlebug pest
SB 3042 SD1/HB 2532 HD1
Would appropriate funds
to the Department of
Agriculture for its efforts
to mitigate two-lined
spittlebug infestations
in the state. The original
bills proposed to spend
$1 million.
Brown water
SB 2776 SD2
Would direct the
Department of Health
to perform water quality
testing during brown wa-
ter advisories, and inform
the public of health risks
associated with water
runoff. Would require
the state Auditor to
conduct a performance
and management audit of
the DOH Environmental
Management Division.
Solid waste
SB 3084 SD2/HB2155 HD1
Would set a goal of
reducing the state’s
solid waste stream prior
to disposal by 70% by
2030. House bill would
set the goal at 80%.
Cesspools
HB 2151 HD1
Would offer grants to
assist low- and mod-
erate-income property
owners with upgrading
or converting a cesspool.
Would apply to cesspools
identified as failing by the
Department of Health.
FAILING
Red Hill
Would prohibit operation
of an underground
storage system with a
capacity of 100,000
gallons or more mauka
of the underground injec-
tion control line, including
the U.S. Navy’s Red Hill
fuel storage tanks.
Emissions tax
Would impose a 3% tax
on the sale of gasoline-­
powered vehicles that
get mileage of less than
20 miles per gallon, and
a 2% tax on sales on
vehicles that get 20 to
24 mpg. Revenue from
the tax would be used to
provide rebates for pur-
chasers of electric cars.
Emissions testing
Would require passenger
vehicles to be tested for
emissions as part of the
required yearly inspec-
tion, excepting those
vehicles manufactured
prior to 1975 and within
the preceding five years.
Scrap car tax
Would establish a new
motor vehicle registration
tax of $25 per year to pay
for the disposal of aban-
doned motor vehicles.
Sun screen
Would require that,
beginning Jan. 1, 2023,
only sunscreen products
containing active ingredi-
ents classified by the U.S.
Food and Drug Admin-
istration as a category I,
generally recognized as
safe and effective, ingredi-
ent, shall be sold, offered
for sale, or distributed for
sale in the state.
Glyphosate study
Would establish a
glyphosate task force to
assess the impact of gly-
phosate on Hawaii’s nat-
ural environment, human
health and agriculture.
HOUSING/
HOMELESSNESS
PASSING
Crisis intervention
HB 933 HD2
Would create a crisis in-
tervention and diversion
program to divert people
in need of mental health
services or suffering
from addiction who are
deemed to be a danger
to themselves or others
to appropriate health
care and away from the
criminal justice system.
Public order
HB 2607 HD1
Would establish the
offense of urinating or
defecating in a public
place within business
districts. Violation would
be punishable by fines of
up to $100.
Foreign buyers
SB 3110 SD1
Would prohibit non-U.S.
citizens, businesses
and trusts significantly
controlled by non-U.S.
citizens from acquiring
residential property in
Hawaii.
Empty houses tax
SB 2216 SD2
Would levy a new “Emp-
ty Homes Tax” of 5% of
assessed value per year
against the owners of
residential units that are
occupied less than 50
days per year.
Homeless air fare
HB 1945 HD1
Would fund efforts by
Hawaii Tourism Authority
and Hawaii Lodging and
Tourism Association to
address homelessness
in tourist and resort
areas. Would provide
half of the air fare to
send homeless people
back to their families on
the mainland, with the
other half provided by
the families.
Land development
SB 3104 SD2
Would establish a
residential leasehold
program in the Hawaii
Housing Finance and
Development Corpora-
tion to develop afford-
able housing. Authorizes
$275 million to develop
infrastructure for afford-
able housing, and allows
developers to ask the
counties rather than the
Land Use Commission
to reclassify land areas
between 15 acres and
25 acres when most of
the development will be
affordable housing.
Rental housing
SB 2206 SD2/HB 1817 HD2
Would commit
$200 million to the rent-
al housing revolving fund
to develop affordable
rentals.
First-time buyers
SB 2409 SD3/HB 2066 HD1
Would establish a state
program to provide
matching funds for down
payments to help current
and returning residents
buy a primary residence.
House bill would create
a down payment loan
guarantee program for
first-time home buyers.
Fire protection
SB 2131 SD2
Would establish an
income tax credit for
the installation of an
automatic fire sprinkler
system in any new one-
or two-family dwelling
used only for residential
purposes.
FAILING
Affordable housing
Would allow property
owners to temporarily
lease space to individu-
als to camp or otherwise
occupy space on the
property, so long as no
health and safety ordi-
nances are violated.
Taxation
Would establish a
surcharge equal to 25%
of the net proceeds from
the sale of certain res-
idential property within
five years after the date
of purchase if the owner
is ineligible for a county
homeowner’s exemption
on property tax.
Housing access
Would amend the state
Constitution to mandate
the state “shall assure”
each resident has
access to housing.