SURVIVING
THE SESSION SO FAR

By Mike Yuen
Star-Bulletin

The following are measures that are still
advancing in the Legislature:


AUTO INSURANCE

- Rate reform (HB2286, HD1, SD1): Establishes a modified no-fault system in which auto insurance rates are expected to drop 25 percent to 35 percent. Provisions: eliminates lawsuits except in cases where auto accident injuries exceed $250,000; repeals mandatory bodily injury liability coverage, underinsured and uninsured coverage; allows insurers to contract with health-care providers to offer benefits.

- Rate reform (SB2001, SD2, HD1): Repeals existing no-fault system and requires rate reductions of 25 percent to 35 percent in large part by shifting medical costs in traffic accidents to victims' prepaid health insurance plans.



BUDGET

- Budget changes (SB2160, HB1): Amends budget for fiscal 1997 to reflect $1.5 million in savings from the state's issuance of general obligation bonds and the restoration of $1.5 million that had been restricted from the A+ after-school program.

- Emergency appropriation (HB3520, SD1): Emergency appropriation of $4.5 million from the general fund to cover unemployment compensation claims of former state workers since what had

been appropriated has been exhausted. The Senate's Labor and money panels reported "that this emergency appropriation should not be viewed by executive departments as a remedy to the situation but as a symptom of a serious problem that requires immediate attention."

- Emergency appropriation (SB2770, SD2, HD2): Frees about $1.3 million to pay for this fiscal year's school electricity charges, which were underbudgeted.

- Emergency appropriation (SB2795, SD2, HD2): Emergency appropriation of $5.9 million for fiscal 1997 for child and adolescent mental program, which has exceeded its funding.

- Fund transfers (HB3382, HD1, SD1): Transfers more than $69.75 million in excess funds from special, trust and revolving funds to the general fund to help cover the budget shortfall.

- Fund transfers (SB2819, SD2, HD1): Transfers $33.2 million in excess funds from special and revolving funds to the general fund to help ease the budget shortfall.

- Furloughs (SB2485, HD2): Imposes unpaid leaves of 12 days on all full-time government workers and elected officials in the next fiscal year. Impact: saves state about $60 million; tantamount to a 5 percent pay cut for state employees. Also: payroll lag over one year, essentially postponing one paycheck for each state worker.

- Payroll lag (HB3441, HB2, SD2): Authorizes the governor to convert over two years - instead of one - the state payroll from predicted to after-the-fact payments, minimizing salary overpayments. Savings: $23.5 million in each of the two years.

- Rainy-day fund (SB2223, SD1, HD1): Establishes a budget stabilization fund for emergencies.

- Salary assumptions (HB2644, HD1, SD2 and SB2836, SD2, HD2): Saves $37 million that would have been paid to the state retirement system by lowering the salary-increase assumption for state workers.



CIGARETTES

- "Kiddie packs" (SB2772, SD2, HD1): Prohibits the sale of cigarettes in packs containing less than 20, so-called "kiddie packs." Penalty: maximum $2,500 fine for the first offense and $100 to $5,000 fine for subsequent violations.

- Sales prohibition (SB2280, SD2,HD1): Prohibits cigarette sales from lunch wagons that are within 1,000 feet of schools. Only allows sales of cigarettes from vending machines from bars or other establishments to which the admission age is 18. Penalty: $1,000 per day fine.



CRIME AND THE COURTS

- Drug sentences (HB2975, SD1): Imposes tougher penalties for the possession or distribution of crystal methamphetamine, the drug known as "ice" which authorities blame for much violence. Stronger penalties include not allowing parole for certain types of drug offenders.

- Jurors (HB2601, HD1): Allows, as is done in two other states, people to volunteer for jury duty by giving their names to Circuit Court clerks.

- Jury duty (HB3631, SD1): Allows the court to place back in the jury pool people who fail to appear when summoned for jury duty. Also increases the current jury duty requirement of one day or one trial to two days or one trial. The two-day requirement will save the state money because fewer jurors will be summoned; it'll also increase the chances that prospective jurors will actually be selected.

- Pimps (HB2517): Makes it easier to convict pimps by repealing the requirement that the testimony of their prostitutes must be corroborated.



EDUCATION

- Attendance (HB2515, HD1, SD1): Exempts students who are at least 16 years old from compulsory school attendance until they're 18 if their parents or guardians and school principal agree in writing to let the students drop out.

- Attendance (SB2380, SD1, HD2): Exempts from school attendance 16- and 17-year-olds who are disruptive in class.

- Discipline (HB3862, HD2, SD1): Establishes a zero-tolerance policy against the possession of illegal drugs and alcohol at school. Penalty: suspensions as long as a year.



FAMILY

- Child-care (SB2003, SD1, HD2): Per mits child-care homes with six or fewer children to operate in single-family residential communities but not in multifamily condominiums. Impact: legalizes a large underground cottage industry.

- Domestic violence (HB3216, HD1, SD1): Permits police who believe someone has recently assaulted or threatened to assault another family or household member to seize all firearms and ammunition from the home of the person in question. Also imposes liability on gun owners if they fail to properly store their weapons and the guns injure someone.



GOVERNMENT

- Downsizing (SB2552, SD1, HD2): Requires the governor to shrink six departments to four during the next fiscal year. Affected departments: Accounting and General Services, Finance, personnel, Agriculture, Commerce, and Business, Economic Development and Tourism.

- Downsizing (SB3232, SD2, HD2): Abolishes the Office of State Planning and transfers its planning functions to Department of Business, Economic Development and Tourism.

- "High three" (SB1810, SD1, HD2): Reforms the way legislative pensions, the so-called "high three," are calculated, eliminating the perk to their retirement payments.

- Sunshine law (HB1866, HD1, SD1): Amends the sunshine law, which now prohibits any discussion of board matters outside publicly announced meetings, to permit private conversations between board members in certain circumstances. Would permit meetings between the governor and

members of a board to discuss issues before the board.



GUNS

- Permit fees (SB2322, SD2, HD2): Allows a fee, probably $35, to be charged by the Honolulu Police Department to have the FBI do fingerprint checks on people applying for their first gun permit.



HAWAIIAN AFFAIRS

- Hawaiian language college (HB4063, SD1): Establishes a task force to develop a plan to create a Hawaiian language college.

- OHA budget (HB3300, SD1): Eliminates general funds for Office of Hawaiian Affairs travel because OHA has spent "substantial amounts of both trust and general funds" for food, travel and car rentals. Also increases OHA's funding responsibility for some personnel from 50 percent to 75 percent.

- OHA revenues (SB1698, HD3): Slashes OHA's share of public land trust revenue from $15 million to nearly $3 million annually by redefining OHA revenues. Requires OHA's 20 percent share to be calculated off the raw land, not the value added to the land by improvements. Also excludes revenue from the Airports and Harbors divisions, rental housing programs and by the Health Department's community hospital system, which are on leased land.



HIGHER EDUCATION

- University finances (HB1716, HD1, SD1): Boosts the University of Hawaii's finances by restructuring its budget formulations; prohibits Oahu campuses from starting classes earlier than 9:30 a.m. and requires that classes be scheduled throughout the day to ease demand on limited parking spaces.

- UH-West Oahu (SB608, HD2) Approves the land exchange between the state and the Campbell Estate for the UH-West Oahu campus in Kapolei.



LIQUOR

- Death liability (HB4085, HD2, SD1): Deters sale of liquor to minors by holding liquor

licensees liable for the death or injury of minors to whom liquor was sold or furnished.



PRISONS

- Emergency appropriation (HB3548, HD1, SD2) Reimburses various Department of Public Safety programs $2.4 million to cover nearly half of the cost of sending 300 Hawaii inmates to Texas correctional facilities.



SAME-SEX MARRIAGE

- Marriage licenses (HB3347, SD1): Seeks to bar the possibility of same-sex marriages in Hawaii by reaffirming that the purpose of marriage is to form a union between a man and a woman, leading to the creation of a family.



TAXES AND FEES

- Hotel room tax (HB582, HD1, SD1): Caps the counties' share of hotel room tax revenues at $70 million; requires another $25 million be used for tourism promotion by the Hawaii Visitors Bureau; deposits the remainder in the state general fund. If the counties raise the property tax on hotels without equal or greater hikes on residential and commercial properties, then an equivalent amount will be deducted from the counties' share of hotel room tax revenues.

- Tax-related fees (HB3563, HD1, SD1): Allows fees to be charged for Tax Department seminars and workers and for disseminating research and reference materials on magnetic media and CD-ROM.



WELFARE

- General assistance (SB2304, SD1, HD2): Restores general assistance as an Entitlement, limits general assistance for an unspecified period for disabled people between the ages of 18 and 65 and disqualifies from assistance drug abusers.


STALLED

These measures are in limbo:



SAME-SEX MARRIAGE

- Proposed constitutional amendment that would prohibit same-sex marriages.

- Establishment of domestic partnerships for same-sex couples.



TAXES

- Elimination of remaining tax credits.

- Tax on some pensions.

- A tax similar to the hotel room tax on time-share units.

- Raising the tax on a pack of cigarettes from 60 cents to $1.



GOVERNMENT

- Counties: Granting counties immunity from accidents at beaches.

- Analyst: Appropriating $350,000 in the next fiscal year to bring to life the Office of the Legislative Analyst, which has existed on paper for six years but has never been a reality because it has never been funded.

- Guards: Adding eight additional security officers - a $260,000 annual appropriation - to beef up security at the state Capitol.



OTHERS

- Drugs: Mandatory drug testing of public school students.

- Gambling: All forms of legalized gambling, including casinos, shipboard gaming, pari-mutuel racing and a state lottery.

- Animals: Allowing neighbor island farmers and ranchers to shoot and kill dogs that come onto their property and attack livestock and domesticated animals.



Related Stories:

Lawmakers in home stretch




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