Legislature Hits High Gear As Hundreds Of Bills Clear Chambers
Surviving measures deal with聽higher vehicle taxes, cooler classrooms, gun control, medical marijuana and a whole lot more.
Hawaii’s House and Senate each passed hundreds of bills Tuesday on topics ranging from gun control and medical marijuana to cooling public school classrooms and establishing an all-mail voting system.
The vast majority passed with overwhelming support, and now cross over to the other chamber for its consideration. Only a couple were killed or deferred; a bill to provide funding for the Department of Hawaiian Home Lands will be taken up Thursday聽in the House.
But it wasn鈥檛 so easy for a handful of聽measures, especially聽a proposal to increase taxes and fees on motor vehicles and fuel.
, the last measure on the Senate鈥檚 agenda, prompted concerns about asking thousands of families in Hawaii to pay roughly $90 more per year so the state can raise an estimated $70 million annually to fix the highway system and leverage more federal funds.
Tax hikes are traditionally hard to pass in an election year 鈥 half the Senate and the entire House are up for re-election in November.
The Senate鈥檚 16-8 vote to pass the bill illustrated the division among factions within the chamber.
The group of lawmakers who worked to install Ron Kouchi as Senate president in an end-of-session coup last year backed the bill, including Ways and Means Chair Jill Tokuda.
Those on the losing end of the change in leadership opposed the measure, including former Senate President Donna Mercado Kim and Sens. Russell Ruderman, Laura Thielen and Les Ihara. Sens. Will Espero, Josh Green, Breene Harimoto and Sam Slom, the chamber鈥檚 lone Republican, also voted against the bill.
Their primary concerns were the tax increase鈥檚 disproportionate impact on the poor, and a lack of faith in the Department of Transportation to spend the money efficiently and in a timely fashion. The agency has a massive backlog of projects that the administration is working to address.
鈥淚 see we鈥檝e saved the worst for last,鈥 said Slom, who called the bill a 鈥渢riple whammy.鈥 The measure increases the liquid fuel tax, motor vehicle registration fee and motor vehicle weight tax.
Tokuda maintained that the funding was essential for addressing road conditions.聽Sen. Lorraine Inouye also supported the tax increase and asked of her colleagues, 鈥淚f we continue to deplete the resources of the highway system, who can we ask to take care of it?鈥
Espero asked to defer the bill until Thursday, saying that although he doesn鈥檛 want to pay more for his car registration, he thinks a compromise could be reached.
Ihara said one of his concerns was that the House could simply approve it as is without considering any further changes at the committee level. That might mean no more opportunities for the public to weigh in.
Senate Passes Voting, Public Safety, School聽Bills
The Senate breezed through a number of other bills.
Mail-only voting could soon become a reality thanks to , which was passed in hopes of increasing voter turnout in a state where 56 percent of voters in the last primary opted for absentee ballots.
Body and vehicle cameras for county police departments also could become regulated under .
Law enforcement officers are concerned that the body camera legislation doesn鈥檛 allow for more input from the agencies that would actually use the technology. And聽government transparency groups fear the bill goes too far in keeping footage confidential.
The Senate also passed 鈥 the bill that would carry out Gov. David Ige鈥檚 pledge聽to cool school classrooms.
Ige鈥檚 plan had called for using聽$100 million in Green Energy Marketing Securitization funding to get air conditioning into 1,000 of the hottest classrooms by year鈥檚 end, and some form of heat abatement for all Hawaii public classrooms within five years.
Lawmakers appeared supportive of cooling off classrooms, but the Senate wants to use a larger than expected Medicaid reimbursement from the federal government to pay for it.
The House has its own ideas on how to fund heat abatement in public schools. It passed聽a bill that calls for using聽general obligation bonds and money聽from the Green Infrastructure Loan Program.
But the measure doesn’t stop there, which concerned some lawmakers,聽such as聽Rep. Takashi Ohno. The bill聽also has a “net-zero energy” provision requiring the Department of Education聽to produce as much renewable energy as it consumes by 2035. It’s similar to a measure the Legislature passed last year for the University of Hawaii.
Rep. Chris Lee strongly supported the bill, which he said could help bring down聽the school system’s $62 million a year electric bill.
, which would prohibit smoking in a car with a minor inside, was passed on a 21-3 vote with Sens. Kim, Ruderman and Slom against it.
The Senate sent to the House that would give聽the Department of Transportation money to conduct a feasibility survey for an interisland ferry.
And the chamber聽unanimously passed , which would bring the CARE Act to Hawaii, requiring hospitals to put together a care plan for patients being released from a hospital 鈥 AARP’s top priority this session.
The Senate and House each passed bills aimed at聽discouraging unequal pay between men and women by requiring employers to pay equal wages for 鈥渟ubstantially similar work,鈥 not 鈥渆qual work鈥 as previously mandated.
A number of gun-related bills cleared each chamber.
, which would require anyone diagnosed as mentally ill to immediately give up their firearms to law enforcement, received unanimous support. The House passed a , but eight lawmakers voted against it.
Bills making it harder for 辫别辞辫濒别,听stalkers and to have guns also moved forward.
A 聽that would聽allow University of Hawaii graduate students to unionize starting in 2017 was passed on a 22-2 vote, with Sens. Harimoto and Slom against it. A similar bill was introduced last year by Rep. Isaac Choy, but the governor聽vetoed it, saying聽graduate students were students first and employees second.
Secured greenhouses could be allowed for growth of medical marijuana by dispensaries through聽聽approved by the Senate. The measure聽aims to change the existing聽law that requires plants to be grown in 鈥渆nclosed indoor facilities.鈥
House Moves On Ivory, Water Rights
On the House side, there was a tense聽discussion聽over the future of Alexander & Baldwin’s water rights on Maui.
A&B subsidiary Hawaii Commercial & Sugar Co. announced in January its plans to close Hawaii’s last sugar plantation, putting聽several hundred people聽out of work and casting uncertainty over how聽thousands of acres of farm land will be used in the future.
The state has allowed the company to divert millions of gallons of聽water from East Maui streams, and A&B wants to keep those rights.
A judge determined in January, however, that the state shouldn’t have been giving the company those rights through a month-to-month revocable permit and on a holdover basis for the past聽decade.
would let the聽Board of Land and Natural Resources “authorize the holdover of a previously authorized water rights lease during the pendency of an application to renew the lease,” according to the House Finance Committee report.
The measure would sunset in five years, and does not identify A&B as the beneficiary of the bill.
Rep. Clift Tsuji, chair of the Agriculture Committee, House Speaker Joe Souki, and Rep. Ryan Yamane spoke at length about why it’s important to preserve the status quo while the land board figures out what to do.
Tsuji said the uncertainties of not allowing A&B to keep the water rights constitute a serious issue.
鈥淚t is not the fault of the farmers. It is not the fault of the ranchers,” he said. “The issue is complex. It鈥檚 divisive. It needs further discussion.鈥
Rep. Matt LoPresti said he’s never聽seen more fear-mongering over a bill.
鈥淕reed is not good. Hoarding is not good,” he said. “There鈥檚 enough water there for everybody.”
Taro farmers and Native Hawaiians are among the opponents of the bill. The Senate killed its version of the measure last month, but could take up the House bill when it crosses over.
The House bill passed with 12 representatives voting yes with reservations and seven voting against it, including Reps. Lynn DeCoite, Jo Jordan, LoPresti, Nicole Lowen, Angus McKelvey, Roy Takumi and Andria Tupola.
Ivory stirred similar passions, though the debate was not as long or divisive. Hawaii is the third-largest market for ivory in the country.
would prohibit the trafficking of certain protected animals and parts of those animals, including elephants, rhinos and tigers along with monk seals, green sea turtles and sharks.
Hawaii is hosting the what’s considered the Olympics of conservation events in September, a meeting of the International Union for Conservation of Nature World Conservation Congress. Rep. Karl Rhoads pointed at this fact while urging support for the bill, saying Hawaii projects an image of not caring about endangered species beyond the islands by allowing the sale of ivory.
LoPresti said he was聽apalled that people would be more concerned about “the buying and selling of trinkets” than the annihilation of a species.
鈥淭his is a huge moral issue,” he said. 鈥淎s a species, we have to collectively grow up and start acting like adults.鈥
The House and Senate bills that passed Tuesday聽now cross over to the other chamber.
Thursday is the 鈥渃rossover鈥 deadline in the Legislature, essentially the midpoint of the session, which ends in early May. For bills to remain alive, they have to clear their originating chamber by the deadline.
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Nathan Eagle is a deputy editor for Civil Beat. You can reach him by email at neagle@civilbeat.org or follow him on Twitter at , Facebook and Instagram .
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Courtney Teague is an intern for Civil Beat, where she covers a wide range of community news.