BILLS PASSED BY THE HAWAII STATE LEGISLATURE REGULAR SESSION OF 2013 SHOWING ACTIONS TAKEN AS OF May 2, 2013 Prepared by the: Legislative Reference Bureau Systems Office State Capitol, Room 413 415 South Beretania Street Honolulu, HI 96813 Caveat: While all data are believed accurate, they are subject to change pending confirmation against official records kept by the respective Chief Clerk’s offices. FOREWORD This publication contains brief descriptions of all bills passed by the Hawaii State Legislature during the Regular Session of 2013. We have included such data as the bill number, title, introducer, description, committee reports, current status, and sections of the Hawaii Revised Statutes affected by the bill. This publication reflects data recorded up to and including May 2, 2013, which is the date that the Legislature adjourned sine die. For your information, under Article III, Section 16 of the Hawaii State Constitution, the Governor has 45 days after adjournment sine die (not counting Saturdays, Sundays, and holidays), to consider bills for approval. The Legislative Reference Bureau discourages the use of these descriptions of bills as a substitute for the bills passed by the Legislature. These descriptions are meant to be handy reference tools, not substitutes for the text. Copies of bills may be obtained at the various locations mentioned in this report. This publication has been created by the Legislative Reference Bureau - Systems Office. Inquires on the approval of bills, their effective dates, subjects of bills passed, laws affected by bills passed, or any questions covering the data shown may be directed to Dwight Kagawa or Lori Lee Ohta. They are located at the State Capitol, Room 413 and their phone number is (808) 587-0700. Charlotte A. Carter-Yamauchi Acting Director Legislative Reference Bureau May 2013 WHERE TO OBTAIN COPIES OF BILLS OR ACTS (Honolulu) SOURCE CONTACT HOURS COST All public libraries. See Reference Desk Different for each Electronic access via the internet www.librarieshawaii.org or listing library. Call to only. Library card required. in white pages: State Government, inquire. Optional 15¢/page donation for Dept. of Education, Public printout. Library System Hawaii State Archives Reference Monday - Friday Copies of 2012 - 2013 bills, Iolani Palace Grounds Archivist 9:00 am - 4:00 pm committee reports, resolutions, 364 S. King Street and concurrent resolutions will Honolulu 96813 be available after December Phone: 586-0329 2013. No charge for local govt. agencies. For private individuals – 25¢/page. Postage and handling charge for any mailings. Certification is $2.25 per document. Senate Document Center Tia Lobendahn or Monday - Friday Free for reasonable quantities. State Capitol Senate Clerk’s 8:00 am - 4:00 pm Will fax 10 pages or less and Room 012A office (586-6720) mail reasonable quantities. Honolulu 96813 Phone: 586-6755 House Printshop Tammy Tengan Monday - Friday General public – free. State Capitol or Summer Kaleo 8:00 am - 4:00 pm Mail and fax requests received Room 012B for reasonable quantities. Honolulu 96813 Phone: 586-6591 Lieutenant Governor Ross Tsukenjo Monday - Friday 25¢/page State Capitol 7:45 am - 4:30 pm 5th Floor Honolulu 96813 Phone: 586-0255 Supreme Court Law Library Front Desk Monday - Friday 15¢/page (self service). Will 417 S. King Street, Rm. 115 7:45 am - 4:15 pm mail to attorneys on neighbor Honolulu 96813 islands if unavailable at county Phone: 539-4964 circuit court libraries or for neighbor island requesters via email for 15¢/page plus $2 handling charge (and postage for mail-outs), prepayment with business or cashier’s check or money order required. William S. Richardson Circulation Desk Different hours 10¢/page (with UH debit card — School of Law Library depending on time $1 fee for card) Acts only. 2525 Dole Street of year. Call to Honolulu 96822 inquire or check Phone: 956-7583 website at www.law.hawaii.ed u/library iii WHERE TO OBTAIN COPIES OF BILLS OR ACTS (Hawaii, Kauai, & Maui) SOURCE CONTACT HOURS COST Hawaii All public libraries. See Reference Desk Different for each Electronic access via the internet www.librarieshawaii.org or listing library. Call to only. Optional 15¢/page in white pages: State Government, inquire. donation for printout. Dept. of Education, Public Library System Third Circuit Court Law Library - Debbie Monday - Friday 10¢/page (self service) Hilo 7:45 am - 4:30 pm 15¢/page via usage of the Hale Kaulike internet 777 Kilauea Avenue Hilo 96720 Phone: 961-7438 Third Circuit Court Law Library - Carol Monday - Friday 10¢/page (self service) Kona 7:45 am - 4:15 pm 15¢/page via usage of the Keakealani Building internet (Old Kona Hospital) 79-1020 Haukapila Street Kealakekua 96750 Phone: 322-8729 Kauai All public libraries. See Reference Desk Different for each Electronic access via the internet www.librarieshawaii.org or listing library. Call to only. Optional 15¢/page in white pages: State Government, inquire. donation for printout. Dept. of Education, Public Library System Fifth Circuit Court Law Library - Rhonda Monday - Friday 15¢/page (self service) or via Kauai 7:45 am - 4:15 pm usage of the internet 3970 Kaana Street, Suite 100 Closed 12:00 - Lihue 96766-1281 1:00 pm Phone: 482-2327 Maui All public libraries. See Reference Desk Different for each Electronic access via the internet www.librarieshawaii.org or listing library. Call to only. Optional 15¢/page in white pages: State Government, inquire. donation for printout. Dept. of Education, Public Library System Second Circuit Court Law Library Service Center Monday - Friday 15¢/page (self service) or via - Maui Rm. 141 7:45 am - 4:30 pm usage of the internet Judiciary Complex, Room 207 2145 Main Street Wailuku 96793 Phone: 244-2959 iv SENATE BILLS THAT PASSED THE LEGISLATURE SB0002 HD1 (HSCR 1231) RELATING TO SIMULATED FIREARMS. Introduced by: Hee C Amends provisions relating to terroristic threatening in the 1st degree. Includes a person who commits the offense of terroristic threatening in the 1st degree if the person commits terroristic threatening with the use of a simulated firearm. Defines simulated firearm to mean any object that resembles a firearm; can reasonably be perceived to be a firearm; or is used or brandished as a firearm. -- Amends provisions relating to robbery in the 1st degree. A person commits robbery in the 1st degree if the person is armed with a simulated firearm. -- SB0002 HD1 Committee Reports: SSCR 488 (JDL) HSCR 1231 (JUD) Current Status: Apr=30 13 Passed Legislature Section Affected: 707-716, 708-840 SB0003 SD1 HD2 CD1 (CCR 15) RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS. Introduced by: Hee C, Galuteria B Amends provisions relating to the election of board members. Requires the board of trustees of the office of Hawaii affairs to be nominated at a primary election and elected at the general election. -- Amends the term of office; vacancies. Requires the term of office of members of the board to be 4 years beginning on the day of the general election at which they are elected, or if elected at a primary election, on the day of the general election immediately following the primary election at which they are elected. -- Amends provisions relating to board of trustees, office of Hawaiian affairs. Repeals the provisions relating to special elections held in conjunction with the general election. -- SB0003 CD1 Committee Reports: SSCR 373 (THA) SSCR 691 (JDL) HSCR 1019 (OMH) HSCR 1613 (JUD) CCR 15 Current Status: Apr-30 13 Passed Legislature Section Affected: 13D-4, 13D-5, 17-7 SB0004 HD2 (HSCR 1486) RELATING TO MOTOR VEHICLES. Introduced by: Hee C Amends provisions relating to the mandatory use of seat belts, when, penalty under the traffic violations law. Prohibits a person to operate a motor vehicle upon any public highway unless the person is restrained by a seat belt assembly and all passengers in the front or back seat of the motor vehicle are restrained by a seat belt assembly or are restrained pursuant to the child restraint law if under 8 years of age. -- SB0004 HD2 Committee Reports: SSCR 189 (TIA) SSCR 528 (JDL) HSCR 1150 (TRN) HSCR 1486 (JUD) Current Status: May=02 13 Passed Legislature Section Affected: 291-11.6 SB0005 SD1 HD1 CD1 (CCR 152) RELATING TO PUBLIC LANDS. Introduced by: Hee C Establishes provisions relating to withdrawal of leased land; fair compensation. Requires that upon a withdrawal or taking of leased land that causes any portion of the land to become unusable for the specific use or uses for which it was leased, the rent is to be reduced in proportion to the value of the land withdrawn or made unusable, provided that if any permanent improvement made to or constructed upon the land by the lessee is destroyed or made unusable in the process of the withdrawal or taking, the proportionate value thereof shall be paid to the lessee based upon the unexpired term of the lease. Prohibits any land under cultivation to be withdrawn or taken until the crops are harvested, unless the board of land and natural resources pay the lessee the value of the crops. Requires that upon a withdrawal, any person with a long term lease is to be compensated for the present value of all permanent improvements in place at the time of the withdrawal that were legally made to or construed upon the land by the lessee of the leased land being withdrawn. Requires the board to pay to the lessee, in the case of tree crops, the residual value of the trees taken and, if there are unharvested crops, the value of the crops. Requires that in the case of breeding livestock that cannot be relocated or marketed for the breeding value, the board shall to pay to the lessee the difference between the appraised breeding value and the salvage value, including the cost of transportation to a market on the island on which the leased land is located.