Legislative News

Defeated Bills

Posted on 04/01/2014

Click on the links below to jump directly to each of the bills that are harmful for business that the Chamber worked to defeat this legislative session.

*Please note that while these specific bills are dead for this session, there may be other vehicles containing similar subject matter that are moving forward.


Relating to Wage and Hour Law, Taxation and Labor


HB 1485: Relating to Wage and Hour Law

Increases from $2,000 to $3,000 the amount of guaranteed monthly compensation required to exempt an individual from minimum wage, overtime and record keeping requirements under the Hawaii Wage and Hour Law.

HB 1485 Testimony

 

*HB 1488: Relating to the Wage and Hour Law

Increases the minimum wage by $1 on 7/1/14, 1/1/15 and 1/1/16, respectively.

HB 1488 Testimony

 

SB 2366 SD1: Relating to Wage and Hour Law

Increases the amount of guaranteed monthly compensation required to exempt an individual from minimum wage, overtime and record keeping requirements under the Hawaii wage and hour law. Establishes a formula for calculation of the guaranteed monthly compensation that pays guaranteed monthly compensation to the applicable minimum wage rate. (SD1)

SB 2366 SD1 Testimony

 

*HB 1623: Relating to Wages

Increases the minimum hourly wage to $10.00 per hour, effective 1/01/2015. Increases the tip credit to $1.25.

HB 1623 Testimony

 

*HB 1523: Relating to Taxation

Applies conveyance tax to the conveyance of a controlling interest of an entity with an interest in real property. Amends calculation of tax amount. Eliminates exemptions. Applies to conveyances occurring after June 30, 2015.

HB 1523 Testimony

 

*SB 2471: Relating to Taxation

Ensures the long-term sustainability of the Hawaii Health Connector by levying a tax of two-thirds of one per cent on the gross health insurance premiums derived from the sale of qualified dental plans and qualified plans by insurers in the state, with certain exemptions.

SB 2471 Testimony

 

*HB 1890: Relating to Labor

Increases the hourly minimum wage to $7.75 on January 1, 2015, $8.25 on January 1, 2016, $8.75 on January 1, 2017 and $9.00 on January 1, 2018. Effective July 1, 2014.

HB 1890 Testimony

 

*HB 2580 HD1: Relating to Labor

Annually increases minimum wage from January 1, 2015 to January 1, 2018. Annually increases the tip credit from January 1, 2015 to January 1, 2017, if the gross amount the employee receives from wages and tips for a taxable year is at least 250 per cent of the poverty level, as determined by the Director of Labor and Industrial Relations. (HB2580 HD1)

HB 2580 Testimony

 

SB 2366 SD1: Relating to Wage and Hour Law

Increases the amount of guaranteed monthly compensation required to exempt an individual from minimum wage, overtime, and record keeping requirements under the Hawaii wage and hour law. Establishes a formula for calculation of the guaranteed monthly compensation that pays guaranteed monthly compensation to the applicable minimum wage rate. (SD1)

SB 2366 SD1 Testimony

 

*HB 1850 HD1: Relating to Taxation

Imposes a conveyance tax on the conveyance of a controlling interest of an entity with an interest in real property in the state. Effective July 1, 2020. (HB1850 HD1)

HB 1850 Testimony


 Relating to Application Processing


HB 1582: Relating to Application Processing

Establishes a maximum time period within which an application for permit, license or approval shall be acted upon by the designated agency or else deemed granted; authorizes each county to contract with a third-party reviewer to streamline the processing of applications; clarifies that previously approved projects that do not impact historic properties are not subject to subsequent reviews by SHPD.

HB 1582 Testimony


Relating to the Hawaii Community Development Authority


*HB 1860: Relating to the Hawaii Community Development Authority

Amends HCDA public notice requirements and requirements for project approval. Creates an administrative appeal process with available judicial review for HCDA decisions or actions.

HB 1860 Testimony

 

*HB 1861: Relating to the Hawaii Community Development Authority

Amends procedures of the HCDA to require additional public notice and public input for development projects and rule changes. Establishes additional requirements for development projects before HCDA approval can be granted. Creates appeal process for HCDA actions and decisions.

HB 1861 Testimony

 

*HB 1863 HD1: Relating to the Hawaii Community Development Authority

Authorizes suits against the HCDA for violations of its required duties. Effective July 1, 2020. (HB1863 HD1)

HB 1863 HD1 Testimony

 

*HB 1864: Relating to the Hawaii Community Development Authority

Repeals the Hawaii Community Development Authority.

HB 1864 Testimony

 

*HB 1865 HD1: Relating to the Hawaii Community Development Authority

Requires the Auditor to conduct a management and financial audit of the HCDA and report its findings to the Legislature. (HB1865 HD1)

HB 1865 HD1 Testimony

 

*SB 2697 SD2: Relating to the Hawaii Community Development Authority

Amends procedures of the HCDA to require additional public notice and public input for development projects and rule changes. Establishes additional requirements for development projects before HCDA approval can be granted. Creates appeal process for HCDA actions and decisions. Effective 7/1/2050. (SD2)

SB 2697 SD1 Testimony

 

*SB 2698 SD2: Relating to the Hawaii Community Development Authority

Amends HCDA public notice requirements and requirements for project approval. Creates a reconsideration process with available judicial review for HCDA decisions or actions. Effective 7/1/2050. (SD2)

SB 2698 SD1 Testimony


 Relating to the Kakaako Community Development District


*HB 1867 HD1: Relating to the Kakaako Community Development District

Amends notice and community engagement requirements for HCDA meetings and decision making. Amends development guidance requirements, prohibitions, and application procedures for the Kakaako Community Development District. Effective July 1, 2020. (HB1867 HD1)

HB 1867 Testimony

 

*SB 2696 SD2: Relating to the Kakaako Community Development District

Amends HCDA statute to establish building restrictions and prohibitions for the Kakaako Community Development District. Effective July 1, 2050. (SD2)

SB 2696 SD1 Testimony


Relating to Workers’ Compensation


HB 1961 HD2: Relating to Workers’ Compensation

Requires independent medical examinations and permanent impairment rating examinations for workers’ compensation claims to be performed by physicians mutually agreed upon by employers and employees. Allows for the use of an out-of-state physician under certain conditions. Effective July 1, 2112. Sunset June 30,2018. (HD2)

HB 1961 HD1 Testimony

 

SB 2064 SD1: Relating to Workers’ Compensation

Entitles injured employees to up to seventeen visits for psychological and psychiatric services under workers’ compensation. Requires the visits to take place over a sixty-day period. Effective July 1, 2050. (SD1)

SB 2064 Testimony

 

SB 2123 SD1: Relating to Workers’ Compensation

Requires independent medical examinations and permanent impairment rating examinations for workers’ compensation claims to be performed by physicians mutually agreed upon by employers and employees. Allows for the use of an out-of-state physician under certain conditions. Repeals on June 30, 2018. Effective July 1, 2050. (SD1)

SB 2123 Testimony

 

*SB 2127 SD1: Relating to Workers’ Compensation

Imposes a penalty on an employer who does not pay an employee temporary partial disability benefits within fourteen calendar days after the end of the employee’s workweek. Clarifies that an eligibility determination for disability benefits depends on a determination by the employee’s primary care physician’s certification of the employee’s dates of disability or by an examination of the employee’s entire available medical records by another physician in the event the employee’s primary care physician is not available. Establishes that failure of the employee’s primary care physician to certify the dates of disability in an interim report does not automatically disqualify the employee from disability benefits. Allows contemporaneous certification to be waived and retroactive certification of disability to be allowed under certain conditions. Effective July 1, 2050. (SD1)

SB 2127 Testimony


 Relating to Water Royalties


HB 1969: Relating to Water Royalties

Assesses $1 royalty for every 1000 gallons pumped from the State’s aquifers. Dedicates revenues to offset water system project costs.

HB 1969 Testimony


Relating to Fertility Rights of Cancer Patients


HB 2061 HD2: Relating to Fertility Rights of Cancer Patients

Requires insurance coverage for embryo, oocyte and sperm cryopreservation procedures to preserve the fertility of adults diagnosed with cancer who have not yet started cancer treatment. Effective July 1, 2112. (HB2061 HD2)

HB 2061 HD1 Testimony


Relating to Gift Cards


HB 2108: Relating to Gift Cards

Requires an issuer of a gift card to hold in trust the moneys received in payment for the card. Effective January 1, 2015.

HB 2108 Testimony


Relating to Minimum Hourly Wage


*HB 2136: Relating to Minimum Hourly Wage

Increases the minimum hourly wage to $8.00 per hour in 01/01/2015, $8.50 in 01/01/2016 and $9.00 in 01/01/2017. Increases the tip credit to $1.00. Requires employers to increase wages of non-tipped employees by $1.00 if using the tip credit for their tipped employees.

HB 2136 Testimony

 

*HB 2278: Relating to Minimum Hourly Wage

Increases the minimum hourly wage to $8.75 on January 1, 2015, $9.50 on January 1, 2016 and $10.00 on January 1, 2017.

HB 2278 Testimony


 Relating to Health


*HB 2174 HD2: Relating to Health

Requires health insurers, mutual benefit societies and health maintenance organizations to provide coverage for autism spectrum disorder treatments. Effective July 1, 2112. (HB2174 HD2)

HB 2174 HD1 Testimony

 

*HB 2225: Relating to Health

Requires health insurers, mutual benefit societies and health maintenance organizations to provide coverage for autism spectrum disorder treatments.

HB 2225 Testimony

 

HB 2522 HD1: Relating to Health

Requires the Auditor to assess the social and financial impact of mandatory health insurance coverage for orthodontic services for the treatment of orofacial anomalies for individuals in the state who are under 26 years of age. Effective July 1, 2050. (HB2522 HD1)

HB 2522 Testimony

 

SB 2173: Relating to Health

Imposes dollar limits on specialty tiers in order to protect patients from unaffordable coinsurance or copayment amounts. Limits patients’ coinsurance or copayment fees for specialty tier drugs to $150 per month for up to a thirty-day period supply. Allow patients to request an exception to obtain a specialty drug that would not otherwise be available on a health plan formulary.

SB 2173 Testimony

 

*SB 2578: Relating to Health

Requires health insurers, mutual benefit societies and health maintenance organizations to provide coverage for treatment of autism spectrum disorders.

SB 2578 Testimony


 Relating to Disposable Containers


HB 2202: Relating to Disposable Containers

Requires restaurants or food establishments to provide consumers with the option of using compostable or reusable disposable food service containers. Requires signs to be posted informing consumers that such containers are available. Establishes penalties for violations. Effective July 1, 2014.

HB 2202 Testimony


Relating to the Environmental Response, Energy and Food Security Tax Repeal Date


HB 2256: Relating to the Environmental Response, Energy and Food Security Tax Repeal Date

Enables a resource strategy aligned with the state’s 2030 Clean Energy laws.  Revises the environmental response, energy and food security tax repeal date to June 30, 2030.

HB 2256 Testimony


Relating to the Establishment of an Environmental Information Management Office


HB 2308 HD2: Relating to the Establishment of an Environmental Information Management Office

Establishes the Environmental Information Management Office within the Department of Health. Effective July 1, 2030. (HB2308 HD2)

HB 2308 Testimony


Relating to Administrative Penalties


HB 2309 HD2: Relating to Administrative Penalties

Annually increases the maximum amount of the daily administrative penalty for violations of Department of Health laws and rules. Effective July 1, 2050. (HB2309 HD2)

HB 2309 HD1 Testimony

 

SB 2859: Relating to Administrative Penalties

Increases from $100 per day to a maximum of $10,000 per day fines levied for violations of sanitation laws and rules for establishments required to undergo sanitation inspections by the Department of Health. The increase in sanitation penalties establishes parity with existing food adulteration penalties.

SB 2859 Testimony


Relating to In Vitro Fertilization Insurance Coverage


HB 2355 HD2: Relating to In Vitro Fertilization Insurance Coverage

Provides insurance coverage equality for women who are diagnosed with infertility by making available to them expanded treatment options, ensuring adequate and affordable health care services. (HD2)

HB 2355 HD1 Testimony

 

SB 2909 SD1: Relating to In Vitro Fertilization Insurance Coverage

Provides insurance coverage equality for women who are diagnosed with infertility by making available to them expanded treatment options, ensuring adequate and affordable health care services. (SD1)

SB 2909 Testimony


Relating to the Hawaii Health Insurance Exchange


*HB 2526: Relating to the Hawaii Health Insurance Exchange

Establishes the Hawaii Health Connector as a state entity as of January 1, 2015.

HB 2526 Testimony


Relating to Health Insurers Assessments


*HB 2527 HD1: Relating to Health Insurers Assessments

Establishes a sustainability fee for the Hawaii Health Connector. Deposits the fee into a special subaccount of the compliance resolution fund. Effective July 1, 2050. (HD1)

HB 2527 HD1 Testimony

 

*SB 3050 SD1: Relating to Health Insurers Assessments

Designates the Hawaii Health Connector as the health insurance exchange for the State of Hawaii. Establishes the Hawaii health insurance exchange special fund. Beginning January 1, 2015, assesses a Hawaii health insurance exchange surcharge of .345 per cent of the premiums derived from the sale of comprehensive medical insurance plans, including dental plans, in the state, to be deposited into the Hawaii health insurance exchange special fund. Requires the board of directors of the Connector to prepare and submit to the legislature a fully documented biennial budget request for the connector. Permits the legislature to annually appropriate funds collected from the surcharge to the Hawaii health insurance exchange. Clarifies that the Connector must submit the results of the connector’s annual audit to the legislature. (SD1)

SB 3050 Testimony


Relating to the Hawaii Health Connector


*HB 2530: Relating to the Hawaii Health Connector

Effective July 1, 2014, lowers the number of members on the board of directors of the Hawaii Health Connector to twelve, with a maximum of nine total voting members. Removes members representing insurers and dental benefit providers from the board and requires all but one of the state agency representatives on the board to be ex officio, nonvoting members. Establishes procedures for filling vacancies on the board.

HB 2530 Testimony


Relating to Land Use Commission


HB 2640 HD1: Relating to Land Use Commission

Requires the Land Use Commission to automatically reevaluate boundary amendment decisions after 10 years if the landowner has not made efforts to use the land in accordance with the boundary amendment. (HD1)

HB 2640 HD1 Testimony


Relating to Health Coverage for Brain Injuries


SB 1227 SD2: Relating to Health Coverage for Brain Injuries

Requires certain insurance contracts and plans to provide coverage beginning 1/1/2015 for treatment of brain injuries, including cognitive and neurocognitive therapy, neurobehavioral and neuropsychological testing or treatment, and necessary post-acute transition services or community reintegration activities for a period of at least twenty years from the date the injury occurred and up to a lifetime cap per person of $300,000. Requires auditor to conduct an economic impact study. Effective July 1, 2050. (SD1)

SB 1227 SD1 Testimony


Relating to Energy Resources


SB 2111 SD1: Relating to Energy Resources

Requires duplexes to include a solar water heater system when applying for a building permit. Clarifies gas variance requirements. (SD1)

SB 2111 Testimony


Relating to Solid Waste


SB 2182: Relating to Solid Waste

Increases the solid waste management surcharge to $1.25 per ton of solid waste disposed of in landfills or shipped out-of-state. Sets the solid waste management surcharge to 60 cents per ton of solid waste disposed of at waste-to-energy facilities that accept 150,000 tons or more of solid waste annually. Provides for no surcharges to waste-to-energy facilities that accept less than 150,000 tons of solid waste annually and for ash disposed of in landfills that originates from a waste-to-energy facility. Defines “waste-to-energy” facility.

SB 2182 Testimony


Relating to Renewable Energy


SB 2199 SD1: Relating to Renewable Energy

Prohibits issuance of building permits beginning 1/1/2016 for new residential single-family dwellings that are part of a master tract or a bulk application for five single-family dwellings or more without dedicated wiring for electric vehicle charging systems that provide level two charging or 240-volt alternating current charging. Allows county permitting agencies to waive the wiring requirement for new single-family dwellings under certain circumstances. Effective July 1, 2050. (SD1)

SB 2199 SD1 Testimony


Relating to Labeling


SB 2521 SD1: Relating to Labeling

Requires labeling of foods, including raw agricultural commodities, processed food and seed or seed stock, that have been genetically engineered or deems them misbranded. Provides a penalty for violations and authorizes private civil enforcement of the Act. (SD1)

SB 2521 Testimony

 

SB 2736: Relating to Food Labeling

Establishes, beginning January 1, 2015, labeling requirements for any food or raw agricultural commodity sold in the state that contains a genetically engineered material or was produced with a genetically engineered material; establishes exceptions; establishes violations; requires director of health to adopt rules.

SB 2736 Testimony


Relating to Administrative Procedure


SB 2705: Relating to Administrative Procedure

For agency failure to act within established time periods on applications for business and development-related permits and licenses, repeals provisions that require automatic application approval or require an application to be deemed complete.

SB 2705 Testimony


Relating to Credit Cards


SB 2745: Relating to Credit Cards

Prohibits retailers from imposing credit card surcharges in certain instances.

SB 2745 Testimony


Relating to Employment Practices


SB 2939: Relating to Employment Practices

Repeals the condition that employers have a collective bargaining agreement with their employees in order for section 378-32(b), HRS, to apply.

SB 2939 Testimony