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With much fanfare, bills to crack down on cockfighting, pay for public financing of elections and allow recreational marijuana died at the Hawaii Legislature this year.

But there are a lot of other dead bills that received far less attention that should not be entirely forgotten as lawmakers move to conclude business May 3.

The measures show legislators using creative thinking to tackle persistent problems but sometimes proposing impractical or unnecessary solutions and other times cleaving strictly along ideological lines.

The unsuccessful legislation can also demonstrate that old ideas often resurface, especially as time and circumstances evolve. It can lead to the sudden revival of ideas that initially seemed doomed and underscore the old adage that nothing is ever really dead at the Leg.

Such is the case with a possible constitutional amendment that proposes raising the mandatory retirement age for state justices and judges from 70 years to 75 years. Sound familiar? Hawaii voters thoroughly rejected a ConAm just 10 years ago that would have extended the retirement age to 80.

The forced work stoppage is under fresh consideration, however, influenced in part by the fact that two of Hawaii’s five Supreme Court justices had to vacate their posts just last year.

In her support for the age change, Kat Brady of the Community Alliance on Prisons testified that 16 states have no retirement age including California, and eight states including Texas have 75 years as the retirement age. She shared her concerns about Hawaii “losing all that institutional knowledge.”

Jon Ikenaga, the state public defender, agreed, adding in his testimony, “The fact that many of the retired judges and justices continue to be active in the legal community evidences that they should not have been forced into retirement simply because of age.”

It’s not a sure bet that the idea will pass, as time is running out. The of the retirement bill stalled in the House even though it had a lot of support. The was set to expire earlier this month after having missed a hearing deadline, when — at the 11th hour — the Senate intervened to give the bill new life.

Assuming the two chambers can work out a compromise this week, the ConAm could go before voters in November. But, as of Wednesday, committee chairs had yet to be assigned, and Friday is the final pass-or-die deadline for remaining bills.

Party Preference

The judicial retirement bill was revived at the very last moment, but that’s not the case for other intriguing measures, including another proposed ConAm.

Like the retirement bill, the drafting of was inspired by current events, changing societal norms and political ideology. It called for amending the Hawaii Constitution to bar the state from denying or interfering with an individual’s reproductive freedom, including the right to choose or obtain an abortion or birth control.

Sen. Joy San Buenaventura’s bill is very similar to two other measures she introduced last session clearly inspired by the 2022 U.S. Supreme Court decision to overturn Roe v. Wade. But all three bills went nowhere.

It’s possible other pro-choice bills will be introduced at another time, given the uncertainty of the 2024 election nationally, even though abortion rights seem pretty secure locally. Hawaii was the first state to allow the procedure at a woman’s request, and that was in 1970, a couple of years before Roe. And last year Hawaii actually expanded and moved to protect health care providers from out-of-state prosecution.

The abortion rights bills came from Democrats, but Republican lawmakers introduced their share of politically tinged bills this year, too. They include one to require Department of Education faculty and staff to provide time to students each day , and another requiring the DOE to designate athletic sports teams based on the and to prevent males from participating in female sports.

And another measure from the minority would forbid some people with ties from acquiring real property or any interest in real property in the state, with some exceptions. The bill does not explain why that should happen, though, and it went nowhere along with the DOE bills.

Speaking of Republicans and ConAms, here’s another nowhere bill: . Sen. Brenton Awa proposed a constitutional amendment that would make all state legislators temporarily ineligible for service should the Native Hawaiian population drop by 5%, based on census data.

“The Legislature believes that if significant numbers of Native Hawaiians leave the state, then legislators have not done their jobs, and their constituents should be allowed to reevaluate their elected officials’ fulfillment of their duties,” the bill reads.

Philly, Pooping, Pets, Pot

Most bills do explain why they are introduced, but the explanations can sometimes fall short of being persuasive.

, for instance, would ban a person from wearing a ski mask or balaclava in public places. While they can be worn for legitimate purposes — “like winter wear and certain occupations” — “they can also conceal identities, potentially aiding criminal activities like theft, vandalism or violence.”

The bill, which was introduced by Rep. Darius Kila, noted that the Philadelphia city council passed a law that bans the use of ski masks in parks, schools, daycares, public transit and city-owned buildings. But Hawaii isn’t Philly, and I’m thinking that anyone showing up with a ski mask in Hawaii would immediately be reported to the authorities.

HB 1575 was never heard. Neither were two measures sparked by the continuing homeless crisis.

would make urinating or defecating in public a misdemeanor punishable by fines and community service. The public has a right to freely enjoy and utilize public spaces, the bill states.

And would establish a shopping carts task force to come up with ways to regulate their use. Abandoned shopping carts, the bill says, are eyesores that blight the environment and pose health and safety hazards.

Two bills that also died early seem to me to have at least some merit, although I don’t know that either could be implemented and not violate some constitutional right.

would prohibit the issuance of building permits for new construction unless the structure’s roof is painted white or uses white-colored material. Repainting of roofs on residential and commercial buildings built before 2025 would also have to comply with the would-be law.

“The Legislature finds that white roofs are a low-cost, low-carbon and low-energy solution to cool down indoor temperature, and are used throughout the world, particularly in countries with a warm climate, such as countries in Southern Europe or North Africa,” the bill states.

And would not only prevent people from leaving pets in a cars, but cops and firefighters — even private citizens, under certain circumstances — would be allowed to enter the vehicle to free the endangered pet.

“Many pet owners are unaware that even on a temperate day, the inside of a parked vehicle can reach extreme temperatures within minutes,” the bill reads.

“Pet” as means a dog, cat, domesticated rabbit, guinea pig, domesticated pig or caged birds “so long as not bred for consumption.”

Would the bill apply as well to birds used in cockfighting? We’ll never know, unless it’s introduced in a future Legislature. Which could very well happen.

One final thought on dead bills: Why do legislators bother introducing them when they are almost certain to fail?

Legislators tell me that, because there are always new members following elections, many are not familiar with past discussion of legislation. The recreational pot bill is a case in point.

As with many other old ideas, though, recreational pot may yet have its day in a future Leg. Because nothing is ever really dead at the Leg.