2005 Acts
2005 New Laws Enacted by Governor Lingle
ACT 1 (05)
SB543
Signed: 2/8/05
MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE LEGISLATURE, THE AUDITOR, THE LEGISLATIVE REFERENCE BUREAU, AND THE OMBUDSMAN
This is the annual appropriation measure for the Legislative Branch of government, including not only the Legislature but the Office of the Legislative Auditor, the Legislative Reference Bureau, the Office of the Ombudsman, the Legislative Information System and for the Legislative Broadcast Program. The total appropriation is $27,729,906.
ACT 2 (05)
SB119 SD1
Signed: 4/8/05
RELATING TO THE CONTINUING EDUCATION OF DESIGN PROFESSIONALS
Requires continuing education for biennial renewal of all architects’ licenses beginning in April 2008. The required 16 credit hours are primarily related to public protection issues, such as enhanced building security, indoor air quality, and access for persons with disabilities. Exempts from the continuing education requirement retired and inactive architects; members of the armed forces, national guard, or reserves deployed during a state or national crisis; persons who are ill or disabled for a significant period of time; and architects who can demonstrate undue hardship.
ACT 3 (05)
SB73
Signed: 4/8/05
RELATING TO HIGHWAY SAFETY
Revises the annual safety inspection dates for trucks, buses, vans and trailers to coincide with the due date for the vehicle’s registration. Currently all trucks, vans, semis, trailers and related vehicles are inspected in June of each year.
ACT 4 (05)
HB291 HD1
Signed 4/14/05
RELATING TO ADVISORY COMMITTEE ON PESTICIDES
Adds a landscape professional to the Advisory Committee on Pesticides and deletes the at-large public member of the committee. This 12-member committee advises the chairperson of the Board of Agriculture on laws and rules covering pesticide usage. Current membership includes representatives from the sugar and pineapple industries, farming, pesticide applicators, and environmental and citizen organizations. This change takes effect on June 30, 2005.
ACT 5 (05)
HB78 HD1
Signed 4/14/05
RELATING TO NUMBER PLATES
Prohibits the manufacture, sale, or display of imitation license plates that are similar in size, shape, design, and color as Hawai`i’s real license plates. Permits the prosecution of individuals who make, sell, or display fraudulent license plates.
ACT 06 (05)
SB778 SD1
Signed 4/15/05
MAKING AN EMERGENCY APPROPRIATION FOR SERVICES TO CHILDREN WITH AUTISM SPECTRUM DISORDER, AND FOR SCHOOL-BASED BEHAVIORAL HEALTH SERVICES
Provides an emergency appropriation from FY 2005 general funds of $11,672,564 to pay for services to autistic children. These funds cover an increase in the number of students diagnosed with autism spectrum disorder. They will also pay for increased costs of school services provided to Felix Consent Decree children who are not able to participate in classroom-based activities.
ACT 07 (05)
SB782 SD1
Signed 4/15/05
MAKING AN EMERGENCY APPROPRIATION FOR EARLY INTERVENTION SERVICES
Provides an emergency appropriation of $981,719 in FY 2005 out of the intervention special fund account for early intervention services. These services are provided to children between birth and age three who are at risk of developing behavioral or physical disabilities.
ACT 08 (05)
HB79
Signed 4/15/05
RELATING TO SPECIAL NUMBER PLATES
Allows transfer of a vehicle’s special license plates when the motor vehicle is sold or changes ownership. Currently 24 non-profit organizations are authorized to issue special plates with logos or decals promoting their organization. This bill allows the new vehicle owner to acquire the plates instead of returning them to the Department of Motor Vehicles. This bill also allows the county directors of finance to revoke an organization’s license plate program if the organization fails to register a minimum of 150 participants within three years.
ACT 09 (05)
SB1680 SD1
Signed 4/18/05
RELATING TO QUALIFICATIONS OF BOARD MEMBERS
Requires that at least one member of the Board of Land and Natural Resources has a background in conservation and natural resources as evidenced by a college degree in a relevant field or demonstrated appropriate work history.
ACT 10 (05)
SB681
Signed 4/18/05
RELATING TO THE DEFINITION OF SEXUAL CONDUCT
Removes a duplicate definition of "sexual conduct" from section 712-1210, Hawai`i Revised Statutes.
ACT 11 (05)
SB1230
Signed 4/18/05
RELATING TO DENTAL INSURANCE
Extends until July 1, 2006, the sunset date for Act 132, Session Laws of Hawai`i 2001, which authorizes the Insurance Commissioner to monitor the insolvency of dental service organizations where unpaid claims are still pending.
ACT 12 (05)
SB615 SD1
Signed 4/18/2005
RELATING TO SMALL CLAIMS COURT
Eliminates the need in landlord-tenant disputes to file separate claims in small-claims court for security deposits and regular claims court for evictions, damages, or related summary possession actions.
ACT 13 (05)
HB119 HD1
Signed 4/19/05
RELATING TO ELECTIONS
Provides that no more than the last four digits of a voter’s Social Security number shall be required on a candidate’s nomination form.
ACT 14 (05)
HB894
Signed 4/19/05
RELATING TO ELECTIONS
Repeals the requirement that precinct chairs of a polling place be of the same political party as the Governor.
ACT 15 (05)
SB789 HD1
Signed 4/19/05
MAKING AN EMERGENCY APPROPRIATION FOR HOME-BASED AND COMMUNITY-BASED SERVICES
Makes an emergency appropriation of $6,990,593 in additional funds to provide services to those persons with developmental disabilities or suffer from mental retardation. Additionally, the measure allows the Department of Health to transfer $9,265,593 to the Department of Human Services to fulfill the settlement agreement in the 2000 Makin v. Hawai`i case and the 1999 Supreme Court decision involving the developmentally disabled.
ACT 16 (05)
SB780
Signed 4/20/05
RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED
Allows a homestead lessee who is at least 1/4 Hawaiian to designate a brother or sister to succeed to the leasehold interest in the homestead.
ACT 17 (05)
HB313
Signed 4/20/05
RELATING TO 911 EMERGENCY SERVICE
Makes it a misdemeanor offense to call 911 and knowingly cause a false alarm or recklessly make a false complaint or report. The penalty for making false reports to 911 would be a maximum fine of $2,000 and/or up to one year imprisonment.
ACT 18 (05)
HB496
Signed 4/20/05
RELATING TO PETTY MISDEMEANORS
Eliminates statutory inconsistencies in the Hawai`i Penal Code by clarifying that the maximum term of imprisonment for the conviction of a petty misdemeanor offense is 30 days.
ACT 19 (05)
SB1249
Signed 4/20/05
RELATING TO EDUCATION
Repeals the School-to-Work Council which exhausted all federal and related funding in 2003. The Workforce Development Council in the Department of Labor assumed the work of the former School-to-Work Council.
ACT 20 (05)
SB1210
Signed 4/20/05
RELATING TO FAMILY CHILD CARE
Allows child care to continue to be conducted in homes, townhouses, condominium projects, and planned communities. Current law allowing child care businesses to operate in these locations is scheduled to sunset on June 30, 2005. This bill repeals the sunset date.
ACT 21 (05)
HB8 HD1
Signed 4/20/05
RELATING TO MILITARY SERVICE
Establishes the Hawai`i Medal of Honor to recognize military personnel killed in action in a hostile combat zone who are legal residents of Hawai`i.
ACT 22 (05)
HB1221
Signed 4/20/05
RELATING TO STATUTORY REVISION: AMENDING, REENACTING, OR REPEALING VARIOUS PROVISIONS OF THE HAWAI`I REVISED STATUTES AND THE SESSION LAWS OF HAWAI`I FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS
Amends various provisions of the Hawai`i Revised Statutes and the Session Laws of Hawai`i to correct errors, update references, clarify language, and delete obsolete or unnecessary language.
ACT 23
SB842 SD1
Signed 4/22/05
RELATING TO WITHHOLDING OF TAX ON THE DISPOSITION OF REAL PROPERTY BY NONRESIDENT PERSONS
Closes a tax loophole that allows non-resident single member limited liability companies to avoid paying the State income tax when they sell real property located in Hawai`i. The estimated annual revenue gain from closure of this tax loophole is $1,000,000.
ACT 24
HB624 SD1
Signed 4/22/05
MAKING AN EMERGENCY APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS FOR PUBLIC EMPLOYEES
Provides an emergency appropriation of $9,778,012 to fund collective bargaining cost items for members of Collective Bargaining Units (1) and (10) and their excluded counterparts. Includes the cost of salary adjustments for fiscal biennium 2003-2005.
ACT 25
HB684 HD1
Signed 4/22/05
MAKING AN EMERGENCY APPROPRIATION FOR THE DEPARTMENT OF HEALTH EMERGENCY AMBULANCE SERVICE CONTRACTS COLLECTIVE BARGAINING COSTS
Provides an emergency appropriation of $2,120,801 to fund collective bargaining costs for the Department of Health emergency ambulance service contracts.
ACT 26 (05)
SB675 HD1
Signed 4/25/05
RELATING TO CHILD SUPPORT ENFORCEMENT
Improves the procedures of the Child Support Enforcement Agency (CSEA) by making numerous changes to the applicable statutes (HRS 576D and 576E). Among other things, authorizes the Child Support Enforcement Agency to provide services to non-custodial parents, allows for disclosure of information in administrative proceedings, and permits CSEA to issue income withholding orders at the request of the responsible parent.
ACT 27 (05)
SB840 SD1
Signed 4/25/05
RELATING TO INCOME TAX WITHHOLDING
Conforms State withholding tax law to federal withholding provisions. Clarifies that employers who have a State withholding tax liability of $40,000 or more per year must file their taxes within three banking days of the close of the payroll period.
ACT 28 (05)
HB81
Signed 4/25/05
RELATING TO MOTOR CARRIERS
Makes Hawai`i's markings on motor carrier vehicles (trucks, buses, commercial vehicles) consistent with federal regulations. Such markings are to be visible during daylight hours, from a distance of 50 feet (15.24 meters), while the vehicle is stationary.
ACT 29 (05)
SB781
Signed 4/25/05
RELATING TO ENFORCEMENT OF QUARANTINE
Clarifies that the police and sheriffs have the authority to enforce Department of Health quarantine orders on someone who might pose a public health risk.
ACT 30
HB1118
Signed 4/26/05
RELATING TO NURSES
Updates the terminology to allow advanced practice registered nurses (APRNs) who can write prescriptions to do so when they are under the appropriate guidance of a licensed physician.
ACT 31
SB1802 SD1
Signed 4/26/05
RELATING TO CAPTIVE INSURANCE
Amends the definitions on legal entities that can own captive insurance companies, updates stockholder arrangements, and addresses the frequency of when the books of captive insurance firms must be examined by the State.
ACT 32
HB582 HD1
Signed 4/27/05
RELATING TO MISSING CHILD CENTER-HAWAI`I
Updates the statute to reflect the correct name: the “Missing Child Center-Hawai`i,” formerly known as the “Hawai`i State Clearinghouse for Missing Children.”
ACT 33
HB437
Signed 4/27/05
RELATING TO DRIVING UNDER THE INFLUENCE OF AN INTOXICANT
Operating a vehicle while under the influence of an intoxicant adds 48 hours to the mandatory imprisonment sentence if there is a child in the vehicle under the age of 15. Clarifies that this mandatory additional sentence is included within the maximum sentence of 5 to 30 days for first, second, or third DUI offenses.
ACT 34 (05)
HB1222 HD1
Signed 4/28/05
RELATING TO PUBLIC EMPLOYEES
Extends the authority of the Merit Appeals Board (MAB) to hear and decide appeals previously pending before the former Civil Service Commission.
ACT 35 (05)
HB1305 HD1
Without Signature 4/28/05.
Read the Governor's message about this bill.
RELATING TO EQUAL PAY
Reiterates current state and federal laws that prohibit employers from discriminating between male and female employees by paying them disparate salaries.
ACT 36 (05)
SB1864 SD1
Signed 4/29/05
MAKING AN EMERGENCY APPROPRIATION OUT OF THE JUDICIARY COMPUTER SYSTEM SPECIAL FUND
Emergency appropriation from the Judiciary Computer System Special Fund in the amount of $1,500,000 to cover cost overruns for the Judiciary Information Management System.
ACT 37 (05)
SB1713 SD1
Signed 4/29/05
RELATING TO KALAUPAPA
Expresses the Legislature’s intent to ensure that all residents of Kalaupapa are treated “with dignity, respect, courtesy, and sensitivity” and holds the Department of Health responsible, to the extent possible within its purview, for upholding this intent.
ACT 38 (05)
SB1140 SD1
Signed 4/29/05
RELATING TO FINANCIAL SERVICE LOAN COMPANIES
Expands the types of fees that a financial services loan company may charge to consumers.
ACT 39 (05)
SB608 HD1
Signed 5/2/05
RELATING TO DUTY OF PHYSICIAN, SURGEON, HOSPITAL, CLINIC, ETC., TO REPORT WOUNDS
Requires physicians, surgeons, hospitals, clinics, and other healthcare providers to supply the police pertinent information arising out of motor vehicle collisions resulting in death or serious injury.
ACT 40 (05)
SB1235 HD1
Signed 5/3/05
RELATING TO ELDERLY CARE
Extends Program for All-inclusive Care for the Elderly (PACE) demonstration project at Maluhia from June 30, 2005 to June 30, 2007 to allow sufficient time for federal approval to become a permanent project under Medicare and Medicaid.
ACT 41 (05)
HB555
Signed 5/3/05
MAKING AN EMERGENCY APPROPRIATION FOR ELECTRICITY PAYMENTS STATEWIDE
Makes an emergency appropriation of $3 million for FY 2005 to cover higher electricity payments for facilities assigned to the State Department of Accounting and General Services.
ACT 42 (05)
HB556 SD1
Signed 5/3/05
MAKING AN EMERGENCY APPROPRIATION FOR WIRELESS ENHANCED 911
Makes an emergency appropriation of $3,050,000 for FY 2005 from a special fund to pay for the implementation costs of the wireless enhanced 911 system. Last year the Legislature approved the program but did not provide language to allow expenditures to implement it.
ACT 43 (05)
HB683 HD1 SD2
Signed 5/6/05
MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HEALTH FOR THE ADULT MENTAL HEALTH DIVISION
Authorizes an emergency appropriation of $3,930,000 from the general fund for the Department of Health, Adult Mental Health Division. Also increases the ceiling of the mental health and substance abuse special fund by $3.5 million. These monies provide services to adults with severe mental illness.
ACT 44 (05)
SB667 SD2 HD2
Signed 5/6/05
MAKING AN EMERGENCY APPROPRIATION FOR FLOOD LOSSES
Makes an emergency appropriation of $47 million ($25 million from the insurance revolving fund and $22 million in general funds) for losses incurred by the University of Hawai`i (Manoa) as a result of the October 30, 2004, flood.
ACT 45 (05)
SB708 SD2 HD2 CD1
Signed 5/9/05
RELATING TO CHAPTER 846E. REGISTRATION, NOTIFICATION
Implements the Constitutional amendment approved November 24, 2004, allowing public access to registration information on convicted sex offenders and offenders against minors.
ACT 46 (05)
HB516 HD2 SD1
Signed 5/10/05
RELATING TO EMERGENCY HEALTH POWERS
Authorizes the Department of Health to maintain an emergency stockpile of medicines and medical devices to prepare for or respond to a chemical, biological, radioactive, nuclear, or explosives event or attack.
ACT 47 (05)
SB698 HD1
Signed 5/10/05
RELATING TO THE HAWAI`I CRIMINAL JUSTICE DATA CENTER
Requires a full frontal photograph of an applicant's face for a Hawai`i State Identification Card.
ACT 48 (05)
SB621 HD1
Signed 5/11/05
RELATING TO TRAFFIC INFRACTIONS
Extends from 15 to 21 days the period of time to pay traffic fines, allows payments via telephone or Internet using a debit or credit card, and clarifies when a court case is required for violating traffic laws.
ACT 49 (05)
HB685 SD1
Signed 5/11/05
RELATING TO WIRELESS ENHANCED 911 SERVICE
Amends membership of the Wireless Enhanced 911 Board, replacing the Director of Health with the Comptroller of the Department of Accounting and General Services or the Comptroller’s designee as a member of the board.
ACT 50 (05)
HB162 HD2 SD1 CD1
Signed 5/12/05 (Signed in Kona)
RELATING TO PROCUREMENT
Requires the State’s Procurement Policy Board to establish rules to promote opportunities for small businesses on Hawai`i state and county contracts, including procedures to set aside smaller contracts for award to small businesses and requiring that the use of small businesses as sub-contractors on larger contracts be considered in evaluating which larger contractors receive awards.
ACT 51 (05)
HB1301 HD1 SD2 CD1
Signed 5/12/05 (Signed in Kona)
RELATING TO INVASIVE SPECIES
Appropriate $300,000 in general funds to the counties to accelerate the control and eradication of invasive species, including the coqui frog. The funds would go directly to the counties in the following amounts: County of Hawai`i - $100,000, County of Maui - $100,000, County of Kaua`i - $50,000, City and County of Honolulu - $50,000.
ACT 52 (05)
HB769 HD3 SD2 CD1
Signed 5/13/05 (Signed on Kaua`i)
RELATING TO UNCLAIMED PROPERTY
Exempts electric utility cooperative associations from the unclaimed property law, allowing them to use unclaimed funds for the benefit of the cooperative members.
ACT 53 (05)
HB1413 HD1 SD1
Signed 5/16/05
RELATING TO HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED
Permits private lending institutions to make mortgage loans on Hawaiian home lands that are backed by private mortgage insurance.
ACT 54 (05)
SB768 SD1 HD1
Signed 5/16/05
RELATING TO CONTESTS INVOLVING NO RULES COMBAT, EXTREME OR ULTIMATE FIGHTING, AND OTHER SIMILAR COMPETITIONS
Enforces the ban on “no rules combat” and “extreme or ultimate fighting,” establishes safeguards for unregulated fights, and establishes fines for violators.
ACT 55 (05)
SB673 SD2 HD2 CD1
Signed 5/16/05
MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES
Appropriates $2,499,958.36 to pay claims against the State for judgments, settlements, and other miscellaneous payments.
ACT 56 (05)
HB632
Signed 5/17/05
RELATING TO THE EMPLOYEES’ RETIREMENT SYSTEM
Permits the Board of the Employees’ Retirement System to include post-retirement cost of living adjustments as part of their actuarial assumptions when calculating a member’s retirement benefits.
ACT 57 (05)
SB738 SD1 HD1 CD1
Signed 5/17/05
RELATING TO THE EMPLOYEES’ RETIREMENT SYSTEM
Allows the Employees’ Retirement System (ERS) Board, subject to the approval of the Attorney General, to settle claims in certain circumstances, including claims arising out of detrimental reliance by beneficiaries on erroneous information provided by the ERS.
ACT 58 (05)
HB631 HD1 SD2 CD1
Signed 5/17/05
RELATING TO THE EMPLOYEES’ RETIREMENT SYSTEM
Clarifies and corrects existing language, conforms statutes to current practices, and includes language previously omitted from prior legislation affecting the Employees’ Retirement System statutes.
ACT 59 (05)
HB164 HD1 SD1 CD1
Signed 5/18/05 (Signed on the Governor’s weekly live radio show)
RELATING TO UNAUTHORIZED MOTION PICTURE RECORDING
Prohibits the use of audiovisual recording devices in a movie theater without the prior consent of the movie theater operator.
ACT 60 (05)
SB834 SD2 HD1
Signed 5/19/05
RELATING TO CONFORMITY OF THE HAWAI`I INCOME TAX LAW TO THE INTERNAL REVENUE CODE
Amends the Hawai`i Income Tax Law to conform to recent changes in the federal Internal Revenue Code.
ACT 61 (05)
HB1666 HD1 SD1
Signed 5/19/05
RELATING TO STATE FUNDS
Transfers the functions and authority for uniformed security guards and security contracts at the State's health centers from the Department of Public Safety to the Hawai`i Health Systems Corporation.
ACT 62 (05)
HB99 HD1 SD2
Signed 5/19/05
RELATING TO BUSINESS
Transfers the Business Action Center from the Department of Business, Economic Development and Tourism to the Department of Commerce and Consumer Affairs. Grants civil service status to its employees, except the supervisor.
ACT 63 (05)
HB1154 HD1 SD2
Signed 5/19/05
RELATING TO AGRICULTURE
Exempts home-based honey producers, who sell less than 50 gallons of honey per year, from processed food requirements and restrictions. The producers can sell directly to consumers so long as the producer prints on the container the name and address of the producer, net weight and volume of the honey, date it was produced, and that the product is homemade.
ACT 64 (05)
SB956 SD1 HD1 CD1
Signed 5/19/05
RELATING TO AGRICULTURAL INSPECTIONS
Allows the Department of Agriculture to establish rules on the importation of commodities considered a high risk for bringing in alien pests.
ACT 65 (05)
SB1170 SD2 HD1
Signed 5/19/05
RELATING TO ELECTRONIC COMMERCE
Establishes the Hawai`i Anti-Phishing Task Force within the Department of the Attorney General to make recommendations to the 2006 legislative session on how to regulate and curtail electronic commerce-related criminal activities.
ACT 66 (05)
SB76 SD1 HD1 CD1
Signed 5/23/20
RELATING TO TRAFFIC VIOLATIONS
Clarifies the penalties for motor vehicle size and weight violations.
ACT 67 (05)
HB390 HD1 SD2 CD1
Signed 5/23/05
RELATING TO RENTAL MOTOR VEHICLE SURCHARGE TAX
Permanently exempts people who rent a car when their vehicle is under repair from the rental car surcharge tax.
ACT 68 (05)
HB852 HD2 SD2 CD1
Signed 5/23/05
RELATING TO PERMIT APPROVALS
Exempt proceedings of the Public Utilities Commission from automatic permit approval provisions. Specifies that a delay caused by a lack of quorum shall not initially result in an automatic permit approval, but a subsequent lack of a quorum shall not extend the approval process further, unless all parties agree to an extension.
ACT 69 (05)
HB606 HD1 SD2 CD1
Signed 5/23/05
RELATING TO STANDARDS FOR NET METERED RENEWABLE ENERGY SYSTEMS
Facilitates and promotes net metered energy systems and their interconnectivity with the electric grid. Authorizes the PUC to determine standards and requirements for renewable energy systems generating more than ten kilowatts.
ACT 70 (05)
SB1250 SD2 HD2 CD1
Signed 5/23/05
RELATING TO PUBLIC SCHOOL SUBSTITUTE TEACHERS
Establishes a minimum pay scale for substitute teachers and directs the Department of Education to develop a pay classification system for substitute teachers.
ACT 71 (05)
HB843 HD1 SD1 CD1
Signed 5/23/05
RELATING TO SCHOOL LUNCH
Allows the Department of Education, as of July 1, 2005, to set the price of a school lunch at up to one-half of the cost of preparing the school lunch.
ACT 72 (05)
HB150 HD2 SD2 CD1
Signed 5/25/05
RELATING TO DRIVER LICENSING
Establishes a three-stage graduated driver licensing program for persons under the age of 18. Allows Hawai`i to join 40 other states and the District of Columbia who currently have three-stage driver licensing systems for teenage drivers.
ACT 73 (05)
HB438 HD1 SD2 CD1
Signed 5/25/05
RELATING TO TRAFFIC OFFENSES
Requires drivers of a vehicle to stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
ACT 74 (05)
HB502 HD1 SD2 CD1
Signed 5/25/05
RELATING TO TRAFFIC OFFENSES REQUIRING IMPOSITION OF INCREASED PENALTIES FOR SUBSEQUENT OFFENSES
Increases the penalties for repeat offenders of traffic violations that involve child passenger restraint systems, motor vehicle alarm systems, and motor vehicle lights equipment.
ACT 75 (05)
HB1555 HD1 SD1 CD1
Signed 5/26/05
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR HUALALAI ACADEMY
Authorizes the Department of Budget and Finance to issue up to $30,000,000 in Special Purpose Revenue Bonds to promote the educational objectives of Hualalai Academy on the island of Hawai`i.
ACT 76 (05)
SB1483 SD1 HD1 CD1
Signed 5/26/05
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR WAIMEA COUNTRY SCHOOL
Authorizes the Department of Budget and Finance to issue up to $10,000,000 in Special Purpose Revenue Bonds for Waimea Country School on the island of Hawai`i to finance or refinance the planning, acquisition, construction, or improvement of its educational facilities.
ACT 77 (05)
SB459 SD2 HD1 CD1
Signed 5/26/05
RELATING TO SPECIAL PURPOSE REVENUE BONDS
Authorizes the Department of Budget and Finance to issue up to $30,000,000 in Special Purpose Revenue Bonds to Hawai`i Pacific Health to finance the acquisition of information technology equipment. Amends the Special Purpose Revenue Bond law to allow proceeds from bond sales to be used for computer software, equipment, and related technologies.
ACT 78 (05)
SB1117 SD1 HD1 CD1
Signed 5/26/05
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST UTILITIES SERVING THE GENERAL PUBLIC
Authorizes the Department of Budget and Finance to issue up to $160,000,000 in Special Purpose Revenue Bonds to assist Hawaiian Electric Company, Inc., Maui Electric Company, Ltd., and Hawaiian Electric Light Company, Inc. with capital improvement projects.
ACT 79 (05)
HB1238 HD1 SD2 CD1
Signed 5/26/05
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST SEAWATER AIR CONDITIONING PROJECTS ON THE ISLAND OF O`AHU
Authorizes the Department of Budget and Finance to issue up to $48,000,000 in Special Purpose Revenue Bonds for the Honolulu Seawater Air Conditioning, LLC for the purpose of planning, designing, and constructing a chilled sea water distribution system.
ACT 80 (05)
HB1657 HD1 SD1 CD1
Signed 5/26/05
RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST HOKU SCIENTIFIC
Authorizes the Department of Budget and Finance to issue up to $10,000,000 in Special Purpose Revenue Bonds to assist Hoku Scientific, Inc., an industrial enterprise, with planning, designing, constructing, and equipping facilities for the production of the company’s core products.
ACT 81 (05)
HB835 HD2 SD1
Signed 5/27/05 (Signed by Lt. Governor Aiona, Acting Governor)
RELATING TO TIME-SHARING PLANS
Clarifies the law relating to the time-share industry by establishing standards for signage on time-share booths and indicating when time-share sales agents can accept payments for promotional gifts and prizes.
ACT 82 (05)
HB785 HD1 SD1 CD1
Signed 5/27/05 (Signed by Lt. Governor Aiona, Acting Governor)
RELATING TO MORTGAGE FORECLOSURES
Authorizes a non-judicial alternate process for foreclosing on time-share unit owners who are in arrears on their payments or have defaulted on the terms of their time-share agreement.
ACT 83 (05)
HB155 HD1 SD1
Signed 5/27/05 (Signed by Lt. Governor Aiona, Acting Governor)
RELATING TO TIME-SHARING
Exempts a sales agent of a time-share developer, who is licensed as a mortgage broker, from having to also be a broker. Exempts from the term “developer” a person who acquires up to eleven time-share units for his own use and also exempts associations who acquire time-share units through foreclosures or defaults.
ACT 84 (05)
HB551 HD1 SD2 CD1
Signed 5/31/05 (Signed by Lt. Governor Aiona, Acting Governor)
RELATING TO PUBLIC MEETINGS
Allows two members of a Board or Commission to discuss matters relating to official business without violating sunshine laws as long as they do not constitute a quorum and do not solicit each other’s vote. Final Board or Commission actions taken in violation of open meeting and public notice requirements may be voidable upon proof of violation, rather than requiring proof that a “willful” violation occurred.
ACT 85 (05)
HB553 HD1 SD1 CD1
Signed 5/31/05 (Signed by Lt. Governor Aiona, Acting Governor)
RELATING TO THE UNIFORM INFORMATION PRACTICES ACT (MODIFIED)
Allows government agencies to withhold personal information in final opinions or orders where disclosing such information would be an invasion of personal privacy. Also excludes from disclosure the social security numbers of contract hires and consultants employed by government agencies.
ACT 86 (05)
HB384 HD2 SD2 CD1
Signed 5/31/05 (Signed by Lt. Governor Aiona, Acting Governor)
RELATING TO ATTORNEYS’ FEES FOR COURT APPOINTED COUNSEL
Increases compensation for court appointed counsel for indigent defendants and juveniles for the first time since 1987.
ACT 87 (05)
SB1643 SD2 HD2 CD1
Signed 6/1/05 (Signed at Voyager Charter School)
RELATING TO EDUCATION
Clarifies aspects of Hawai`i’s charter school laws. Establishes a more equitable basis of funding for charter schools; creates rigorous standards for the chartering of additional new century charter schools; changes the membership of the charter school review panel; enables charter schools to propose their own weighted student formula; requires collective bargaining increases to be allocated by the Department of Budget and Finance to the charter schools administrative office; exempts the charter schools administrative office from the State procurement code; allows the charter school executive director to be hired through a multi-year contract; directs the Department of Human Resources Development to handle workers’ compensation for charter schools; clarifies the charter schools and DOE role in providing special education services; and creates a task force to identify and recommend to the 2006 Legislature revisions to the existing charter school law.
ACT 88 (05)
HB161 HD1 SD1
Signed 6/2/05
RELATING TO SECURITIES
Exempts rental management contracts for apartment rental programs in a condominium project from the securities registration requirements.
ACT 89 (05)
SB1349 SD1 HD1 CD1
Signed 6/2/05
RELATING TO CONDOMINIUM PROPERTY REGIMES
Requires a condominium association board to make the association’s business and financial records available for review by owners for as long as those records are maintained by the association.
ACT 90 (05)
SB1348 SD1 HD1 CD1
Signed 6/2/05
RELATING TO CONDOMINIUM PROPERTY REGIMES
Requires an apartment or condo association board to make meeting minutes available for review by owners either 1) on the premises of the condominium property, or 2) by mail, electronic mail transmission, or facsimile, within 15 days of receipt of the request.
ACT 91 (05)
SB1336 SD1 HD1
Signed 6/2/05
RELATING TO CONDOMINIUMS AND COOPERATIVE HOUSING CORPORATIONS
Allows joint owners who are tax-exempt charitable entities to sell the leased fee interest under a condominium to each other rather than to the association of condominium owners.
ACT 92 (05)
SB1345 SD1
Signed 6/2/05
RELATING TO CONDOMINIUMS
Allows condominium owners who have been unable to resolve a matter through mediation to bring the issue to the Department of Commerce and Consumer Affairs for administrative adjudication.
ACT 93 (05)
SB1132 SD2 HD1 CD1
Signed 6/2/05
RELATING TO CONDOMINIUMS
Completes the re-codification of condominium property regimes laws started in 2000 under the auspices of the Real Estate Commission.
ACT 94 (05)
SB944 SD1 HD1 CD1
Signed 6/3/05
MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS
Funds collective bargaining cost items for United Public Workers (UPW) Unit 1 (non-supervisory employees in blue collar positions) and Unit 10 (institutional, health, and correctional workers). Total appropriated is $11.2 million in FY 2006 and $28.2 million in FY 2007.
ACT 95 (05)
SB1579 SD1 HD1 CD1
Signed 6/3/05
MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS
Provides funds for the United Public Workers (UPW) Units 1 and 10 for contributions to the Employer-Union Health Benefits Trust Fund.
ACT 96 (05)
HB260 SD1 CD1
Signed 6/3/05
MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS
Funds collective bargaining costs for the Hawai`i Fire Fighters Association (Unit 11). The appropriated amount for the State share is $0.6 million in FY 2006 and $1.5 million in FY 2007.
ACT 97 (05)
HB1597 SD1 CD1
Signed 6/3/05
MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS
Appropriates funds for collective bargaining cost items for the Hawai`i Government Employees Association Bargaining Unit 9, registered professional nurses. Total appropriated is $3.6 million in FY 2006 and $11.9 million in FY 2007.
ACT 98 (05)
HB263 SD1 CD1
Signed 6/3/05
MAKING APPROPRIATIONS FOR SALARY INCREASES FOR PUBLIC EMPLOYEES
Appropriates funds to pay for the mandatory salary settlement for the Hawai`i Government Employees Association (HGEA) Bargaining Units 2, 3, 4, 6, 8, and 13. Includes appropriations for State employees assigned to the Hawai`i Health Systems Corporation and employees excluded from collective bargaining. Unit 2 are supervisory blue-collar employees, Unit 3 are non-supervisory white-collar employees, Unit 4 are supervisory white-collar employees, Unit 6 are educational officers and other Department of Education personnel, Unit 8 are University of Hawai`i and community college personnel, and Unit 13 are other professional and scientific employees. Total mandated appropriated settlement costs are $37.5 million in FY 2006 and $94.0 million in FY 2007.
ACT 99 (05)
HB1599 SD1 CD1
Signed 6/3/05
MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS
Appropriates funds to pay for the contributions to the Employer-Union Health Benefits Trust Fund for Hawai`i Government Employees Association (HGEA) Bargaining Units 2, 3, 4, 6, 8, 9, and 13, as described above. Total appropriated is $5.2 million in FY 2006 and $11.6 million in FY 2007.
ACT 100 (05)
SB945 SD1 HD1 CD1
Signed 6/6/05
MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS
Appropriates funds for the Hawai`i State Teachers Association collective bargaining Unit 5, public school teachers and related employees belonging to the same compensation plans as employees in Unit 5. Total appropriated is $20.4 in FY 2006 and $77.1 million in FY 2007.
ACT 101 (05)
SB1580 SD1 HD1 CD1
Signed 6/6/05
MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS
Appropriates funds to pay the Hawai`i State Teachers Association contributions to the employer-union health benefits trust fund for Unit 5 and for officers and employees of DOE excluded from collective bargaining. Total appropriated is $0.5 million in FY 2006 and $4.2 million in FY 2007.
ACT 102 (05)
HB497 HD1
Signed 6/6/05
RELATING TO UNCOLLECTIBLE ACCOUNTS
Broadens the array of delinquent accounts the Judiciary is able to write off as being uncollectible.
ACT 103 (05)
HB1668 SD1 CD1
Signed 6/6/05
RELATING TO STATE BONDS
Authorizes the issuance of general obligation bonds for the FY 2006-2007 biennium and confirms that the issuance of these bonds will not cause the debt limit to be exceeded, as required by Article VII, Section 13 of the State Constitution.
ACT 104 (05)
SB1003 SD2 HD2 CD1
Signed 6/6/05
RELATING TO NET ENERGY METERING
Amends the net metering provisions to provide a means for the Public Utilities Commission to increase the current 50 kilowatt maximum allowable capacity of an eligible customer-generator who wants to sell power back to the electric utility.
ACT 105 (05)
HB1430 HD2 SD2 CD1
Signed 6/7/2005
RELATING TO SOLID WASTE CONTROL
Clarifies current law by applying the offense of petty misdemeanor disposal of solid waste to the illegal dumping of volumes EQUAL to or greater than one cubic yard and less than ten cubic yards. Current law only applied the prohibition to amounts greater than one cubic yard and less than 10 cubic yards.
ACT 106 (05)
HB1758 HD1 SD1 CD1
Signed 6/7/2005
RELATING TO UNEMPLOYMENT BENEFITS
Provides that a senior worker's weekly unemployment benefit payments shall not be reduced if they receive pension payments under the Social Security Act or Railroad Retirement Act of 1974.
ACT 107 (05)
HB447 HD1 SD1
Signed 6/7/2005
RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS
Effective July 1, 2006 enables the Office of Hawaiian Affairs to make disbursements of its money by issuing checks in its own name as well as depositing its money in any in-state or out-of-state banking institution. Allows OHA to continue to rely on the Department of Accounting and General Services to handle payroll functions.
ACT 108 (05)
SB702 SD2 HD1 CD1
Signed 6/7/2005
RELATING TO ANTITRUST
Makes antitrust laws governing mergers and acquisitions applicable to all business entities. Allows private plaintiffs to seek injunctive relief against a proposed merger or acquisition to prevent threatened damage. Also authorizes attorney's fees to be awarded to the prevailing party.
ACT 109 (05)
HB450 HD2 SD2
Signed 6/8/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE BUDGET OF THE OFFICE OF HAWAIIAN AFFAIRS
Appropriates $16.5 million for the Office of Hawaiian Affairs for the fiscal years 2006-2007 biennium budget.
ACT 110 (05)
HB500 HD2 SD2 CD1
Signed 6/8/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE JUDICIARY
Appropriates $131.5 million in FY 2006 and $131.2 million in FY 2007 to operate the State's Judiciary Branch. Additionally, this bill appropriates $95.5 million in general obligation bond funds.
ACT 111 (05)
SB620 SD1
Signed 6/8/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
Delineates the duties of the administrator of the State Council for Interstate Adult Offenders, the organization that oversees the movement of offenders across State lines. Clarifies that members of the State Council shall serve a 4-year term, with the exception of the Director of Public Safety.
ACT 112 (05)
HB1733 HD2 SD2 CD1
Signed 6/8/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO BIOLOGICAL EVIDENCE
Requires DNA testing of all felons. Provides procedures for the collection and testing of DNA samples. Establishes a procedure for deletion of DNA profiles for a person when the underlying conviction has been reversed. Extends the statute of limitations for felony cases where DNA evidence has been recovered. Requires retention of evidence that can be used for DNA analysis. Establishes procedures for post-conviction requests for analysis of DNA evidence. Requires notice to victims of proceedings and outcomes and notice to probation and parole authorities of outcomes adverse to defendant.
ACT 113 (05)
HB1750 SD2 CD1
Signed 6/8/2005 by Lt. Governor Aiona, Acting Governor
MAKING AN APPROPRIATION FOR COMMUNITY-BASED REINTEGRATION PROGRAMS FOR FEMALE OFFENDERS TRANSITIONING FROM PRISON TO THE COMMUNITY
Appropriates $100,000 to the Department of Public Safety to support community-based reintegration programs for female offenders transitioning from prison back into the community.
ACT 114 (05)
SB817 SD2 HD1 CD1
Signed 6/9/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE EMPLOYMENT SECURITY LAW
Amends State unemployment compensation laws to comply with federal requirements to prohibit "dumping" whereby some employers use acquisitions, mergers, restructuring, or payroll shifting to pay lower federal and state unemployment taxes.
ACT 115 (05)
SB122 SD1 HD3 CD1
Signed 6/9/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO PATIENT SAFETY
Adds "case review forum" to the list of medical proceedings conducted in licensed hospitals and clinics that are protected from discovery.
ACT 116 (05)
SB116 SD2 HD2 CD1
Signed 6/9/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO NURSES
Establishes the "Nursing Scholars Program" at the University of Hawaii to train nurses for teaching careers in nursing.
ACT 117 (05)
HB283 HD1 SD1 CD1
Signed 6/13/2005 by Lt. Governor Aiona, Acting Governor
ESTABLISHING A COMMISSION TO RECOGNIZE AND HONOR SENATOR HIRAM L. FONG.
Establishes a temporary commission of eleven members to recognize and honor Senator Hiram L. Fong; three members are to be appointed by the Governor, three by the Senate President, three by the Speaker of the House, one by the Mayor of Honolulu, and one by the Honolulu City Council. The Commission shall submit recommendations to the 2006 Legislature.
ACT 118 (05)
SB1872 HD1 CD1
Signed 6/13/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST PALOLO CHINESE HOME AND ITS SUBSIDIARIES.
Authorizes the Department of Budget and Finance to issue special purpose revenue bonds not to exceed $40,000,000 for the purpose of assisting Palolo Chinese Home and its not-for-profit subsidiaries to finance the expansion, construction, and rebuilding of its health care facilities.
ACT 119 (05)
HB1236 SD1 CD1
Signed 6/13/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE LEGISLATURE.
Increases the legislative allowance from $5,000 to $7,500 and permits the allowance to be regularly adjusted for inflation at the same time that legislative salaries are changed. This is the first time the legislative allowance has been increased since 1987.
ACT 120 (05)
SB797 SD1 HD1 CD1
Signed 6/14/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.
Clarifies the term "housing project" by adding a new definition called "public housing project" to refer to federal and State-owned public housing managed by the State. The term "housing project" would refer to low-income and affordable housing projects and developments financed by the Housing and Community Development Corporation of Hawai`i.
ACT 121 (05)
SB568 SD1 HD2 CD1
Signed 6/14/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO DENTISTS
Exempts the Board of Dental Examiners from chapter 91 until December 31, 2005 to develop a new State written and practical dentist examination. If two State examinations are not administered by the Board during the calendar year, applicants for licensure shall pass one of four regional examinations, the American Board of Dental Examiners (ADEX) examination, or may be licensed by credential as a dental specialist.
ACT 122 (05)
SB118 SD2 HD2 CD1
Signed 6/14/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE BOARD OF DENTAL EXAMINERS EXAMINATIONS
Requires the Hawaii Board of Dental Examiners to accept the results of regional examinations for the licensing of dental hygienists. Requires that the national examination will supercede the regional examination when it becomes available.
ACT 123 (05)
SB700 SD1 HD1 CD1
Signed 6/15/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO NUISANCE ABATEMENT
Strengthens and clarifies Hawaii's nuisance abatement law by allowing civil suits to abate nuisances at buildings, premises, or places used to violate laws relating to prostitution, obscenity, and drug addiction. Allows the court to issue protective orders for witnesses that may not otherwise come forward for fear of retaliation. Also authorizes the court to suspend or revoke any business, professional, operational, or liquor license to abate the nuisance.
ACT 124 (05)
HB1749 HD2 SD2
Signed 6/15/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO CRIMINAL OFFENSES
Directs the Legislative Reference Bureau to continue the process of identifying state laws outside the Penal Code relating to non-serious offenses that may be decriminalized and to draft legislation accordingly.
ACT 125 (05)
HB1763 HD2 SD2 CD1
Signed 6/15/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE PENAL CODE
Requires the Judicial Council, with assistance from an advisory committee, to conduct a comprehensive review of the Hawaii Penal Code. Requires a report of its findings and recommendations to the Legislature no later than 20 days prior to the convening of the 2006 Regular Session. Appropriates $75,000 for the review.
ACT 126 (05)
SB1891 SD2 HD2 CD1
Signed 6/16/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO BOATING
Establishes by statute the boat mooring fee rates for commercial boaters and ensures that all fees, fines, and penalties collected for boating-related charges and violations are deposited into the Boating Special Fund.
ACT 127 (05)
SB1378 SD2 HD1 CD1
Signed 6/16/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE PEARL HARBOR HISTORIC TRAIL
Legally designates the path running from Halawa landing to Waipahu as the Pearl Harbor Historic Trail, making this project eligible for federal funding.
ACT 128 (05)
HB712 HD2 SD2 CD1
Signed 6/16/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO VIOLATIONS OF CHAPTER 6E
Protects historic and cultural sites by establishing criminal and civil penalties for knowingly taking, appropriating,
excavating, injuring, destroying, or altering historic property, aviation artifacts, and burial sites.
ACT 129 (05)
HB1659 HD1 SD1 CD1
Signed 6/16/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO NONCOMMERCIAL PIERS
Extends until June 30, 2007 the Department of Land and Natural Resources' Pier Amnesty Program, which encourages residential pier owners in Kane'ohe Bay and elsewhere to negotiate leases in compliance with the Department's requirements for legal piers.
ACT 130 (05)
HB408 HD2 SD1 CD1
Signed 6/16/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE ENVIRONMENT
Defines "wastewater treatment unit" in the Environmental Impact Statement (EIS) law to make it clear that proposed changes to a portion of an existing wastewater treatment facility do not trigger the environmental review process. Clarifies that when the proposing agency and the determining agency are the same, the Office of Environmental Quality Control (OEQC) is authorized to review an agency's determination, consult, and advise them regarding potential EIS conflicts.
ACT 131 (05)
SB682 SD2 HD3 CD1
Signed 6/16/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO TOBACCO
Requires businesses engaged in the sale of cigarettes and other tobacco products to obtain a retail tobacco permit from the Department of Taxation. Establishes criminal penalties for the retail sale of cigarettes or other tobacco products without a valid retail tobacco permit.
ACT 132 (05)
SB754 SD1 HD1 CD1
Signed 6/17/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO INSURANCE
Modernizes Hawaii's insurance laws, eases the filing requirements for insurance companies, and brings our statutes into conformity with national and federal standards.
ACT 133 (05)
HB1462 SD1 CD1
Signed 6/17/2005 by Lt. Governor Aiona, Acting Governor
RELATING TO THE STATE OF HAWAII
Authorizes the Office of the Attorney General to administer and coordinate services and programs relating to criminal justice, juvenile justice, and sexual violence prevention and transfers the Sexual Abuse Treatment Center to that office. Additionally, the measure clarifies and strengthens the environmental contamination cleanup Voluntary Response Program (VRP) administered by the Department of Health.
ACT 134 (05)
SB77 SD1 HD1 CD1
Signed 6/17/2005 signed by Lt. Governor Aiona, Acting Governor
RELATING TO HIGHWAY SAFETY
Codifies DOT's administrative rule which requires motor carriers to obtain a vehicle identification card for each of their vehicles. Also establishes additional safety measures by mandating that commercial vehicles be equipped with fenders, mudflaps, or other devices to minimize tire spray or mud splash.
ACT 135 (05)
HB320 HD1 SD1 CD1
Signed 6/17/2005 signed by Lt. Governor Aiona, Acting Governor
RELATING TO FINANCIAL DISCLOSURE STATEMENTS
Tightens current disclosure requirements in the State's ethics law by requiring filers to submit an 'exit' disclosure form upon separation from a State position, requiring disclosure of ownership or interest in businesses outside of as well as within Hawaii, and offers greater privacy to those people who are required to fill out financial disclosure statements by allowing them not to reveal their home address.
ACT 136 (05)
SB693 SD1 HD1 CD1
Signed 6/17/2005 signed by Lt. Governor Aiona, Acting Governor
RELATING TO CHARITABLE GIFT ANNUITIES
Clarifies the filing deadline and reserve calculation requirements for charities that issue annuities as a means of charitable giving.
ACT 137 (05)
HB20 SD1
Signed 6/20/2005
RELATING TO THE UNIVERSITY OF HAWAI`I
Extends the fiscal autonomy of the University of Hawai`i and the Department of Education for one additional year, until June 30, 2006.
ACT 138 (05)
HB19 HD2 SD2 CD1
Signed 6/20/2005
RELATING TO UNIVERSITY PROJECTS AND AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR HOUSING UNITS
Authorizes $100 million dollars in revenue bonds for the maintenance and construction of new housing at the University of Hawai`i at Manoa and the repair of current student housing units on all campuses.
ACT 139 (05)
SB791 SD2 HD2 CD1
Signed 6/21/05
RELATING TO A CONTINUUM OF HEALTH CARE SETTINGS
Allows the Department of Health to license residential drug treatment facilities and therapeutic living programs.
ACT 140 (05)
SB761 SD2 HD1 CD1
Signed 6/21/05
RELATING TO MENTAL HEALTH
Expands the definition of “serious mental illness” to include delusional disorder, major depression, obsessive-compulsive disorder, and dissociative disorder.
ACT 141 (05)
SB1394 SD2 HD2 CD1
Signed 6/21/05
RELATING TO EDUCATION
Requires the Department of Education to seek federal reimbursement for Medicaid-eligible students who obtain services through the schools or through Department of Education contractors.
ACT 142 (05)
SB1419 SD1
Signed 6/21/05
RELATING TO DOMESTIC VIOLENCE
Expands the uses of the Domestic Violence Prevention Special Fund to include sexual assault intervention and prevention.
ACT 143 (05)
SB27 SD1 HD1 CD1
Signed 6/21/05
MAKING AN APPROPRIATION FOR THE KAPI`OLANI CHILD AT-RISK EVALUATION PROGRAM
Provides $200,000 in State funds for the Kapio`lani Child At-Risk Evaluation Program (CARE), which provides health services to children who are victims or suspected victims of abuse and neglect.
ACT 144 (05)
HB278 HD1 SD1 CD1
Signed 6/22/05
RELATING TO VICTIM RESTITUTION
Increases victim restitution fees criminal defendants may be ordered to pay when sentenced and prioritizes the court-ordered payments.
ACT 145 (05)
SB121 HD1 CD1
Signed 6/22/05
RELATING TO BREWPUB LICENSES
Allows licensed brewpubs to sell beverages manufactured on the premises in recyclable containers rather than only glass containers. Also allows the sale directly to restaurants of malt beverages manufactured on the premises and packaged in brewery sealed containers.
ACT 146 (05)
SB1453 SD2 HD1 CD1
Signed 6/22/05
RELATING TO PUBLIC SERVICE COMPANY TAX
Redefines gross income of a private sewer company to allow the counties to impose the public service company tax rather than the general excise tax.
ACT 147 (05)
HB1393 HD2 SD1 CD1
Signed 6/22/05
RELATING TO THE COMMISSION ON THE STATUS OF WOMEN
Transfers the Commission on the Status of Women from the Lieutenant Governor’s office to the Department of Human Services and removes the temporary status of the Commission.
ACT 148 (05)
SB1780 SD2 HD2 CD1
Signed 6/22/05
RELATING TO THE COMMISSION ON FATHERHOOD
Transfers the State Commission on Fatherhood from the Office of the Lieutenant Governor to the Department of Human Services and extends the sunset date to June 30, 2007.
ACT 149 (05)
SB1699 SD1 HD1 CD1
Signed 6/22/05
RELATING TO CULTURE AND THE ARTS
Appropriates $175,000 to the Hawai`i State Foundation on Culture and the Arts Grants Program for fiscal year 2006.
ACT 150 (05)
SB1018 SD1 HD1 CD1
Signed 6/23/05
RELATING TO HUMAN SERVICES
Creates a temporary task force to develop recommendations for licensing and accreditation standards for private schools serving children under the age of five.
ACT 151 (05)
HB1300 HD2 SD2 CD1
Signed 6/23/05
RELATING TO EARLY CHILDHOOD EDUCATION
Creates a 20-member Early Childhood Education Task Force to recommend changes to early childhood education programs in Hawai`i. Requires the Department of Education to identify unused facilities and classrooms by October 1, 2005 for use by early childhood education providers.
ACT 152 (05)
HB477 HD1 SD1 CD1
Signed 6/23/05
RELATING TO EXEMPTING ROTH INDIVIDUAL RETIREMENT ACCOUNTS FROM ATTACHMENT OR SEIZURE
Extends to Roth IRAs (Individual Retirement Accounts) the same protection from claims and creditors as regular IRAs and pension funds.
ACT 153 (05)
SB1285 SD2 HD1 CD1
Signed 6/23/05
RELATING TO TRADITIONAL HAWAIIAN HEALING PRACTICES
Establishes “kupuna councils” to oversee the regulation of traditional healing practices and clarifies that these councils are not State entities.
ACT 154 (05)
HB1745 HD1 SD2 CD1
Signed 6/23/05
RELATING TO REPORTS TO THE LEGISLATURE
Exempts the Judiciary from legislative reporting requirements relating to administratively established accounts or funds, uncollectible delinquent fines and restitution, the Judiciary’s computer system, outsourcing of services, and statements of goals and policies. Repeals the reporting requirement for activities and expenses of the State Council for Interstate Adult Offender Supervision.
ACT 155 (05)
SB1798 HD1 CD1
Signed 6/23/05
RELATING TO NONPROFIT CORPORATIONS
Allows cumulative voting by condominium owners if authorized in the bylaws of their apartment, condominium, or cooperative association.
ACT 156 (05)
HB1308 HD1 SD2 CD1
Signed 6/23/05
RELATING TO LAND CONSERVATION
Increases the conveyance tax paid on real estate transactions over $600,000. Allocates a higher percentage of the conveyance tax to the Rental Housing Trust Fund and allocates 10 percent of the tax to a new Land Conservation Fund.
ACT 157 (05)
HB1017 HD3 SD2 CD1
Signed 6/24/05
RELATING TO SOLAR ENERGY
Requires homeowner associations to adopt rules by December 31, 2006 to allow placement of solar energy devices on single-family dwellings covered by an association.
ACT 158 (05)
SB1661 SD2 HD2 CD1
Signed 6/24/05
RELATING TO EDUCATION
Specifies the time period within which a Department of Education hearing must be requested by a parent or guardian on educational support for a child with a disability.
ACT 159 (05)
HB844 HD1 SD2 CD1
Signed 6/24/05
RELATING TO EDUCATION
Addresses Hawaii’s teacher shortage by establishing new licensing, hiring, and training policies.
ACT 160 (05)
HB1453 HD1 SD1
Signed 6/24/05
RELATING TO ANIMALS
Allows pet owners to provide for the future care of their domestic pets or animals by validating trusts for these animals.
ACT 161 (05)
SB669 SD2 HD1 CD1
Signed 6/24/05
RELATING TO ANIMAL QUARANTINE FACILITIES
Authorizes the Board of Agriculture to allow use of the animal quarantine facilities for reasonable fair market rents or fees. Requires that all income received from the rental of quarantine facilities be used to defray costs of the animal quarantine program and provides that the rents and fees can be deposited into the animal quarantine special fund.
ACT 162 (05
SB1362 SD1 HD1 CD1
Signed 6/27/05
RELATING TO ABANDONED VEHICLES
Allows towing of abandoned vehicles on private setbacks, shoulders, easements, or rights-of-way adjacent to or part of a public highway. Also allows removal by Housing and Community Development Corporation of Hawai`i of abandoned vehicles on public housing property.
ACT 163 (05)
HB393 HD1 SD1 CD1
Signed 6/27/05
RELATING TO THE COUNTIES
Clarifies that unpaid county civil fines constitute a lien, rather than become part of the property taxes due, on real estate owned by the person who owes the fine.
ACT 164 (05)
SB1903 SD1 HD1 CD1
Signed 6/27/05
RELATING TO THE SEAWATER AIR CONDITIONING
Exempts seawater air conditioning projects from regulation by the Public Utilities Commission.
ACT 165 (05)
HB140 HD1 SD2 CD1
Signed 6/27/05
RELATING TO HUMAN SERVICES
Authorizes the Legislature to hold public hearings to receive comments on the implementation of the federal Temporary Assistance for Needy Families program.
ACT 166 (05)
SB1038 SD2 HD1 CD1
Signed 6/28/05
RELATING TO THE HAWAI`I PROCUREMENT INSTITUTE
Transfers oversight of the Hawai`i Procurement Institute from the State procurement office to the University of Hawai`i’s William S. Richardson School of Law.
ACT 167 (05)
SB460 HD1
Signed 6/28/05
RELATING TO TAX REFUNDS
Allows taxpayers to appeal a tax refund claim to the Board of Review or the Tax Appeal Court when the Department of Taxation fails to act on the claim within 180 days after the claim has been filed.
ACT 168 (05)
SB3 SD2 HD2 CD1
Signed 6/28/05
RELATING TO HUMAN SERVICES
Expands residential care options for individuals with developmental disabilities or mental retardation.
SB1808
Vetoed 6/28/05
RELATING TO WORKERS’ COMPENSATION LAW
Suspends the Director of Labor and Industrial Relations’ authority to improve the implementation of the workers’ compensation law through rule-making. (The Governor’s Statement of Objections to SB1808 is posted at www.hawaii.gov/gov.)
ACT 169 (05)
SB527 SD2 HD1
Signed 6/29/05
RELATING TO PURCHASES OF HEALTH AND HUMAN SERVICES
Permits the counties to purchase health and human services the same way the State is allowed to do under chapter 103-F of the Hawai`i Revised Statutes.
ACT 170 (05)
HB295 HD2 SD2 CD1
Signed 6/29/05
RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING
Allows the restoration of a professional license for armed forces members, National Guardsmen, and Reservists when their license expires or becomes invalid while they are on active duty or deployed during a national or state crisis.
ACT 171 (05)
HB115 HD1 SD2 CD1
Signed 6/29/05
RELATING TO MILITARY AFFAIRS
Appropriates funds to address soil problems at Hawai`i State Veterans Cemetery, allows returning members of the military to retain admission status to the University of Hawai`i, and allows members of the Hawai`i National Guard to designate a financial institution account to directly deposit their uniform maintenance allowance.
ACT 172 (05)
HB1029 SD2
Signed 6/29/05
MAKING AN APPROPRIATION FOR THE DEPARTMENT OF DEFENSE
Appropriates an additional $30,000 for the Office of Veterans Services to publish the Hawai`i veterans’ newsletter and to update the veterans’ database.
ACT 173 (05)
SB1702 SD1 HD2 CD1
Signed 6/29/05
RELATING TO HIGH TECHNOLOGY
Creates the non-profit High Technology Innovation Corporation to assist the High Technology Development Corporation in promoting a commercial high-tech industry in Hawai`i.
ACT 174 (05)
SB1253 SD1 HD1 CD1
Signed 6/30/05
RELATING TO EDUCATION
Modifies the responsibility of the school community councils established by statute last year.
ACT 175 (05)
HB1276 HD3 SD1 CD1
Signed 6/30/05
RELATING TO PUBLIC ACCESS
Reopens the Ewa Forest Reserve and the Poamoho Trail by providing access through privately owned lands, while providing liability protection to the landowner and its affiliates.
ACT 176 (05)
HB1318 HD1 SD1
Signed 6/30/05
RELATING TO PUBLIC EMPLOYEES
Grants State and county employees seven days of paid leave each calendar year to serve as a bone marrow donor and 30 days of paid leave each calendar year to serve as an organ donor.
ACT 177 (05)
HB515 SD1
Signed 6/30/05
RELATING TO GOVERNMENT RECORDS
Allows the creation, use, and storage of government records in electronic format. Also permits the conversion of existing paper and microfilm documents to electronic format to increase the efficiency of storing government information.
ACT 178 (05)
HB100 HD1 SD1 CD1
Signed 6/30/05
RELATING TO THE STATE BUDGET
Provides for operating and capital improvement appropriations and authorizations for agencies in the Executive Branch for the fiscal biennium 2005-2007.
ACT 179 (05)
HB841 SD2 CD1
Signed 6/30/05
RELATING TO EDUCATION
Appropriates $2 million to the Department of Education for additional technical support personnel and data processing systems and changes the composition of the Workforce Development Council.
ACT 180 (05)
HB168 HD2 SD1 CD1
Signed 7/1/05
MAKING AN APPROPRIATION FOR AGRICULTURAL RESEARCH AND DEVELOPMENT
Appropriates $500,000 in Fiscal Year 2006 to the Hawai`i Farm Bureau Federation to conduct agricultural research and market development.
ACT 181 (05)
HB1202 HD2 SD2 CD1
Signed 7/1/05
RELATING TO AGRICULTURAL TRESPASSING
Establishes the offense of criminal trespass in the second degree if a person enters or remains on agricultural lands without permission.
ACT 182 (05)
HB1201 HD2 SD2 CD1
Signed 7/1/05
RELATING TO AGRICULTURAL THEFT
A person commits theft in the second degree if the person steals agricultural equipment, supplies, or products valued between $100 and $20,000, or agricultural products that exceed 25 pounds from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders. In addition, if the person is in possession of agricultural products or livestock without proper ownership or movement certificates, it is prima facie evidence that the products are or have been stolen.
ACT 183 (05)
HB1640 HD3 SD2 CD1
Signed 7/1/05
RELATING TO IMPORTANT AGRICULTURAL LANDS
Establishes policies, procedures, standards and criteria to identify Important Agricultural Lands (IAL), pursuant to a Constitutional mandate.
ACT 184 (05)
SB617 SD1 HD1 CD1
Signed 7/1/05
RELATING TO COURT INTERPRETER SERVICES
Establishes the Court Interpreting Services Revolving Fund to support a screening, testing, and certification program for court interpreters.
ACT 185 (05)
SB1876 SD2 HD2 CD1
Signed 7/1/05
RELATING TO HIGHWAYS
Gives the Department of Transportation (DOT) the ability to use the Federal Highway Administration flexible design guidelines that consider historical, scenic, and environmental impacts when designing improvements or changes to scenic highways.
ACT 186 (05)
HB1295 HD2 SD2 CD1
Signed 7/1/05
RELATING TO SCHOOLS
Requires the Department of Education to ensure that asbestos testing is conducted prior to any exterior or interior renovations or painting of school facilities at all schools, except charter schools.
ACT 187 (05)
HB1709 SD1 CD1
Signed 7/5/05
RELATING TO CRIMINAL PROPERTY DAMAGE
To help curb graffiti and vandalism, this bill creates the misdemeanor offense of aggravated criminal property damage for intentional damage to the property.
ACT 188 (05)
HB864 SD1 CD1
Signed 7/5/05
RELATING TO COUNTIES
Clarifies that the counties can regulate aerial and watercraft-based advertising if visible from a public place within the county.
ACT 189 (05)
SB1660 SD2 HD1 CD1
Signed 7/5/05
RELATING TO EDUCATION
Establishes the education design and construction project assessment revolving fund to implement the transfer of repair and maintenance and capital improvement program (CIP) functions from the Department of Accounting and General Services to the Department of Education.
ACT 190 (05)
SB1478 SD1
Signed 7/5/05
RELATING TO THE STATE FIRE COUNCIL
Authorizes the State Fire Council to expend federal grant funds it receives.
ACT 191 (05)
HB758 HD2 SD2
Signed 7/5/05
RELATING TO EMPLOYMENT PRACTICES
Requires the Department of Education to adhere to the state minimum wage law when paying meal count assistants, adult supervisors, and classroom cleaners.
ACT 192 (05)
HB1320 HD1 SD1 CD1
Signed 7/5/05
RELATING TO EMERGENCY 911
Requires each county 911 answering office to retain the recordings of incoming emergency telephone calls and outgoing radio dispatches for at least 1 year.
ACT 193 (05)
SB1100 SD2 HD1 CD1
Signed 7/5/05
RELATING TO PSEUDOEPHEDRINE
Limits the retail sale of pseudoephedrine products (a key ingredient in the manufacturing of “ice”) without a prescription to no more than three packages or not more than nine grams per transaction.
ACT 194 (05)
HB919 HD1 SD2
Signed 7/5/05
RELATING TO USE OF INTOXICANTS
Requires a vehicle owner caught driving under the influence, who has two prior convictions within five years, to forfeit his/her vehicle.
ACT 195 (05)
HB1672 SD1 CD1
Signed 7/5/05
RELATING TO THE BUDGET
Requires notice on a quarterly basis to recipients of grants on the status of unreleased grant funds.
ACT 196 (05)
SB179 SD3 HD2 CD1
Signed 7/6/05
RELATING TO HOUSING
Implements various strategies to build affordable housing and affordable rentals, prioritizes the use of funds and programs to low and very low income households, eliminates the Housing and Community Development Corporation of Hawai`i (HCDCH) and creates two entities in its place for the administration of public housing and financing and development of affordable housing, and establishes another task force to study this issue.
ACT 197 (05)
HB931 HD2 SD2 CD1
Signed 7/6/05
RELATING TO AFFORDABLE HOUSING
Exempts from mandatory leasehold conversion affordable housing developments that price 51 percent of the residential lots at 80 percent of the fair market value.
ACT 198 (05)
SB117 HD2 CD1
Signed 7/6/05
RELATING TO HOUSING
Allows the Housing and Community Development Corporation of Hawai`i to adjust the affordable housing requirements for developers. It also allows for the development of Puukolii Village in Maui County.
ACT 199 (05)
HB465 HD1
Signed 7/6/05
RELATING TO THE BOARDS OF REGISTRATION
Transfers the four county boards of registration for elections from the office of the Lieutenant Governor to the Department of Accounting and General Services.
ACT 200 (05)
HB1740 HD1 SD2
Signed 7/6/05
RELATING TO ELECTRONIC VOTING
Establishes requirements for a voter verifiable paper audit trail when electronic voting machines are used and establishes the crime of election fraud for tampering with electronic voting systems.
ACT 201 (05)
HB1712 HD1 SD1
Signed 7/6/05
RELATING TO ELECTIONS
(1) Prohibits the Chief Election Officer from contracting with a political organization for election-related services and duties; (2) creates a misdemeanor offense for the unauthorized printing, distribution, publication, and use of voter registration information acquired from voter registration affidavits; (3) precludes a reciprocal beneficiary of a candidate from serving as a precinct official where votes may be cast for that candidate; and (4) clarifies that a poll watcher appointed by a political party may be present at any time in each precinct and may review the poll book.
ACT 202 (05)
HB460 HD2 SD1 CD1
Signed 7/6/05
RELATING TO THE CIVIL SERVICE
Allows the chief election officer to employ staff with or without regard to civil service and restores excluded bargaining unit status.
ACT 203 (05)
HB1747 HD1 SD1 CD1
Signed 7/6/05
RELATING TO CAMPAIGNS
Makes numerous changes to campaign spending statutes, including requiring all candidates to file electronically, prohibiting contributions from government contractors, and increasing the criminal penalty for falsifying information in campaign spending reports.
ACT 204 (05)
SB639 SD2 HD1 CD1
Signed 7/7/05
RELATING TO EDUCATION
Transfers the teachers’ housing program from the Housing and Community Development Corporation of Hawai`i to the Department of Education, effective July 1, 2008.
ACT 205 (05)
HB109 HD1 SD2 CD1
Signed 7/7/05
RELATING TO LAND USE COMMISSION
Sets forth a process for county designation of rural districts and allows golf courses and driving ranges in agricultural districts, if permitted by the county prior to July 1, 2005.
ACT 206 (05)
HB1015 HD2 SD1
Signed 7/7/05
RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM
Exempts commercial passenger vessels (airplanes and cruise ships) from the requirements of the State’s deposit beverage container program and allows for the flattening of beverage containers.
ACT 207 (05)
HB1550 HD1 SD1 CD1
Signed 7/8/05
RELATING TO STUDENTS
Authorizes the Department of Education to permit its employees to administer glucagons to diabetic students in emergency situations.
ACT 208 (05)
SB40 SD1 HD1
Signed 7/8/05
RELATING TO CAREGIVER CONSENT
Authorizes a caregiver, who presents a notarized affidavit, to permit primary and preventive medical care, dental care, testing, and treatment of a minor in their care.
ACT 209 (05)
SB802 SD2 HD1 CD1
Signed 7/8/05
RELATING TO A STATE PHARMACY ASSISTANCE PROGRAM
Establishes a state pharmacy assistance program within the Department of Human Services to ensure that low-income Medicaid patients retain their current prescription drug benefits.
ACT 210 (05)
SB61 SD1
Signed 7/8/05
RELATING TO WAGES
Allows employers to provide electronic pay statements as long as both the employer and employee consent to it.
ACT 211 (05)
SB1127 SD1
Signed 7/8/05
RELATING TO THE PUBLIC PROCUREMENT CODE
Eliminates the need for vendors to obtain certificates of compliance, labor certifications, and tax clearances for sales to the State under $25,000.
ACT 212 (05)
HB806 HD1 SD1 CD1
Signed 7/8/05
RELATING TO CRIMINAL TRESPASS
Repeals amendments to the Criminal Trespass Law made by Act 50 (2004) and establishes a new petty misdemeanor offense of criminal trespass onto public parks and recreational grounds.
ACT 213 (05)
SB1816 SD2 HD2 CD1
Signed 7/8/05
RELATING TO STUDENT SUBSTANCE ABUSE ASSESSMENT REFERRALS
Repeals language from Act 44 (2004), the Omnibus Drug Act of 2004, and allows the Board of Education to enforce its zero tolerance policy for students in possession of drugs or under the influence on school campuses.
ACT 214
HB1715 HD1 SD1
Signed 7/11/05
RELATING TO CIVIL RIGHTS
Amends the State’s housing law to include prohibitions against discrimination based on sexual orientation, gender identity or expression. Exempts from the prohibition the renting or leasing of housing accommodations owned and operated by religious institutions for church purposes or for higher education housing programs operated by the church or on church property.
The following 34 bills became law without Governor Lingle’s signature. The Governor’s statements of concerns regarding each bill can be found at: http://www.hawaii.gov/gov/session-2005.
ACT 215 (05)
SB1732 SD1 HD1 CD1
Without Signature: 7/12/05
MAKING AN APPROPRIATION FOR A LOCAL FLOOD WARNING SYSTEM FOR LAKE WILSON
Appropriates State funds for a local flood warning system for Lake Wilson and requires matching federal funds.
ACT 216 (05)
SB1427 SD1 HD2 CD1
Without Signature: 7/12/05
RELATING TO PROCUREMENT OF HIGH ENERGY EFFICIENT VEHICLES
Requires State agencies to procure alternative fuel vehicles when purchasing motor vehicle fleets.
ACT 217 (05)
HB422 HD2 SD2 CD1
Without Signature: 7/12/05
RELATING TO CRUISE SHIPS
Regulates the discharge of wastewater and other pollutants by cruise ships into State waters.
ACT 218 (05)
HB98 HD2 SD1
Without Signature: 7/12/05
RELATING TO KAHULUI HARBOR
Prohibits the use of nets to fish in Kahului Harbor.
ACT 219 (05)
HB1476 HD1 SD1 CD1
Without Signature: 7/12/05
RELATING TO NORTH KOHALA
Requires the Department of Land and Natural Resources to determine whether or not the 162 acres that may be acquired by Kamehameha Schools are adequate to provide a buffer and public access to the Mo`okini heiau and Kamehameha birth site.
ACT 220 (05)
HB125 HD2 SD1 CD1
Without Signature: 7/12/05
RELATING TO OCEAN RESOURCES
Allows Hawaiian outrigger canoe clubs registered with the Hawaiian Canoe Racing Association (HCRA) to keep their canoes on state shoreline areas at no charge.
ACT 221 (05)
HB1614 HD1 SD2 CD1
Without Signature: 7/12/05
RELATING TO CIVIL SERVICE PERSONNEL
Grants civil service personnel in the Department of Education the same rights and benefits as civil servants in the Executive Branch system.
ACT 222 (05)
HB1235 HD1 SD1 CD1
Without Signature: 7/12/05
RELATING TO TRAVEL ALLOWANCES
Increases the per diem travel allowance for legislators traveling on official business within and outside of the State.
ACT 223 (05)
HB1304 HD1 SD2 CD1
Without Signature: 7/12/05
RELATING TO HEALTH
Establishes a temporary task force to propose legislation to the 2006 Legislature regarding health care for residents of Hawai`i. Additionally, the bill authorizes non-civil service marriage license agents to collect a $5 surcharge.
ACT 224 (05)
HB895 HD2 SD2 CD1
Without Signature: 7/12/05
RELATING TO COASTAL LIGHT POLLUTION
Restricts the use of coastal lighting except for security and safety purposes or for fixtures provided by a governmental agency.
ACT 225 (05)
HB1528 HD2 SD2 CD1
Without Signature: 7/12/05
RELATING TO PUBLIC EMPLOYEES
Adjusts the salaries of seven directors of legislative service agencies and links their salary adjustments to a percentage of specified department directors.
ACT 226 (05)
SB807 SD1 HD1 CD1
Without Signature: 7/12/05
RELATING TO SALARIES
Adjusts the salaries of thirteen positions previously set in statute and links their salary adjustments to a percentage of specified department directors.
ACT 227 (05)
SB680 SD1 HD1
Without Signature: 7/12/05
RELATING TO SOLID WASTE CONTROL
Requires the Department of Health to develop procedures for the exchange of information between the deposit beverage container manufacturer, distributor, retailer, and certified redemption centers, including universal product barcode information, and changes the frequency of payment requests from certified redemption centers.
ACT 228 (05)
SB212 SD2 HD2 CD1
Without Signature: 7/12/05
RELATING TO ENVIRONMENT
Attempts to improve the deposit beverage container redemption program by establishing rebates for reverse vending machines to offset the cost of purchasing these machines.
ACT 229 (05)
SB962 SD2 HD2 CD1
Without Signature: 7/12/05
RELATING TO PREVAILING WAGES
Restricts the methodology the director of the Department of Labor and Industrial Relations may use in determining prevailing wages.
ACT 230 (05)
SB1778 SD2 HD1 CD1
Without Signature: 7/12/05
RELATING TO CONTRACTORS
Authorizes the Department of Commerce and Consumer Affairs to issue a cease and desist order to an unlicensed contractor and imposes a minimum $10,000 fine for each violation.
ACT 231 (05)
SB1721 SD2 HD2 CD1
Without Signature: 7/12/05
RELATING TO A STATE CULTURAL PUBLIC MARKET
Directs the Hawai`i Community Development Authority to establish a cultural public market on State-owned land within the Kaka`ako Makai area to showcase local culture and arts.
ACT 232 (05)
SB1883 SD2 HD1 CD1
Without Signature: 7/12/05
RELATING TO MILOLI`I FISHERIES MANAGEMENT AREA
Limits the Department of Land and Natural Resources’ administrative flexibility to implement rules to designate community-based subsistence fishing areas in the Miloli`i Fisheries Management Area (FMA).
ACT 233 (05)
SB1267 SD2 HD2 CD1
Without Signature: 7/12/05
RELATING TO SHARK MONITORING
Appropriates $25,000 to the Department of Land and Natural Resources, in conjunction with the Hawai`i Institute of Marine Biology, to hire a contractor to tag and monitor sharks along O`ahu’s leeward coast from Pearl Harbor to Kaena Point.
ACT 234 (05)
HB1641 HD1 SD2 CD1
Without Signature: 7/12/05
RELATING TO NON-AGRICULTURAL PARK LANDS
Establishes a non-agricultural parks special fund; but does not provide a timely methodology for this fund to be self-sufficient, as required by Section 37-52.3 of Hawai`i Revised Statutes.
ACT 235 (05)
SB1729 SD2 HD2 CD1
Without Signature: 7/12/05
RELATING TO TOURISM
Increases the percentage of the transient accommodations tax to support tourism as of July 1, 2007, but removes Executive Branch oversight of the Hawai`i Tourism Authority and eliminates the Department of Business, Economic Development and Tourism’s voting power on the Hawai`i Tourism Authority Board.
ACT 236 (05)
SB1620 SD2 HD2 CD1
Without Signature: 7/12/05
RELATING TO STATE FUNDS
Appropriates $9,000,000 in FY 2006 and $208,000 in FY 2007 from the State’s emergency budget reserve fund (Rainy Day Fund) to support various organizations in Hawai`i.
ACT 237 (05)
HB1556 HD1 SD1 CD1
Without Signature: 7/12/05
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST INDUSTRIAL ENTERPRISES
Authorizes $25 million in special purpose revenue bonds to PLK Air Services Group LLC to establish a Kona coffee and macadamia manufacturing facility and air cargo logistics and ordering center at Kona International Airport.
ACT 238 (05)
HB1146 HD1 SD2
Without Signature: 7/12/05
RELATING TO CIVIL SERVICE
Retains the social worker classification in State social worker positions.
ACT 239 (05)
SB1420 SD2 HD3 CD1
Without Signature: 7/12/05
RELATING TO PSYCHOTROPIC MEDICATION
Prohibits limiting access to psychotropic medication for a Medicaid eligible person with a mental illness.
ACT 240 (05)
SB294 SD3 HD1 CD1
Without Signature: 7/12/05
RELATING TO EMPLOYMENT
Raises the minimum wage to $6.75 effective January 1, 2006, and to $7.25 effective January 1, 2007.
ACT 241 (05)
HB1051 HD2 SD2 CD1
Without Signature: 7/12/05
RELATING TO PRESCRIPTION DRUGS
Removes preauthorization requirements on physicians who prescribe medicine for Medicaid patients suffering from the human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, or patients in need of transplant immunosuppressives.
ACT 242 (05)
HB1378 HD1 SD2 CD1
Without Signature: 7/12/05
RELATING TO THE JUDICIARY
Establishes that any findings relating to a Temporary Restraining Order (TRO) petition are not binding on a subsequent family court case and requires de novo review in the proceedings of the facts and circumstances that led to the issuance of the TRO.
ACT 243 (05)
HB325 SD2 CD1
Without Signature: 7/12/05
RELATING TO EMPLOYMENT PRACTICES
Authorizes employees to use temporary disability insurance (TDI) benefits in excess of the statutory minimum for family leave purposes.
ACT 244 (05)
SB556 SD2 HD2 CD1
Without Signature: 7/12/05
RELATING TO FAMILY COURT
Requires parents in a custody dispute to submit either a mutually agreed upon parenting plan or separate and individual plans to the Family Court.
ACT 245 (05)
HB1608 HD1 SD2 CD1
Without Signature: 7/12/05
RELATING TO VOLUNTARY EMPLOYEES’ BENEFICIARY ASSOCIATION TRUSTS
Authorizes and sets forth the requirements for the establishment of a voluntary employees’ beneficiary association (VEBA) trust by public employee organizations to provide health benefits for its members. Establishes a VEBA trust three-year pilot program to allow for the analysis of the costs and benefits of a VEBA trust against those of the Hawai`i Employer-Union Trust Fund.
ACT 246 (05)
SB1814 SD2 HD2 CD1
Without Signature: 7/12/05
RELATING TO IMPACT FEES
Creates an impact fee working group to assess impacts of new housing developments on Department of Education facilities and report to the 2006 Legislature on its findings.
ACT 247 (05)
HB1309 HD2 SD2 CD1
Without Signature: 7/12/05
RELATING TO TAXATION
Authorizes the counties the option to establish a surcharge of up to 0.5 percent on the State general excise and use taxes by the adoption of an ordinance no later than December 31, 2005. Monies from said surcharge would be used for operating and capital costs of a locally preferred alternative for a mass transit project in counties with a population greater than 500,000 or for public transportation and roadway needs for counties with less than 500,000 people.
ACT 248 (05)
SB1451 SD2 HD1 CD1
Without Signature: 7/12/05
RELATING TO IMPROVING WATER QUALITY
Appropriates $250,000 for fiscal year 2005-2006 to be expended by the University of Hawai`i to develop a water quality management plan for the Lake Wilson catchment system.
