20240206-WaianaeNB

SENATOR MAILE SHIMABUKURO 2024 HAWAII STATE LEGISLATURE

Ka‘ena - Makahā - Waiʻanae - Nānākuli - Mā‘ili - Ko Olina

FEBRUARY 2024

BREAKING NEWS

LATEST COMMUNITY UPDATES 2024 CAPITOL IMPROVEMENT PROJECT (CIP) PRIORITIES • Nānākuli High & Inter School

Performing Arts Center ($30M)

• Wai’anae Intermediate School

Covered Playcourt ($6.5M)

• WCCHC Elepaio Social Svcs GIA

Food Warehouse ($2.5M)

• MA’O Organic Farms GIA for

Clearing 30-acres of land ($200K)

• WCCHC Fire Mitigation with fire

breaks, water lines, etc ($500k)

• Emergency Fire Fighting Dipping

Wells in Wai’anae Coast ($500k)

DHS Expands Preschool “Open Doors Program” The Department of Human Services (DHS) is expanding the Preschool Open Doors Program to eligible 3-year-olds and helping families better afford preschool for the 2024-2025 school year with increased gross income eligibility limits.

Families that may have been over income in previous years may now qualify if they have eligible 3- or 4-year-old children and need help with preschool tuition.

APPLICATION PERIOD from Jan 16th to Mar 28th, 2024 Application also involves Child Care Subsidy Programs https://childcaresubsidyapplication.dhs.hawaii.gov/ <APPLY RIGHT NOW>

CURRENT LEGISLATION FOR INTRODUCTION THIS 2024 SESSION

HAWAIIAN AFFAIRS / EDUCATION RELATING TO OIA SCHOOL SURF COMPETITION (SB2328) EDU, WAM Establishes and provides funding for school athletic surfing competition within the Oahu Interscholastic Association (OIA) RELATING TO AQUACULTURE (WHS) (SB2329) AEN/WTL, WAM Establishes, funds, and supports a fish loko i‘a program at WHS (HB2631) INCENTIVIZE HAWAIIAN LANGUAGE (RESOLUTION) Incentivize the hiring of fluent speakers of ‘Ōlelo Hawai’i in public and private positions and in educational settings RELATING TO ACCESS TO EDUCATION (SB2970) HRE, WAM Allow additional funding for the Wai‘anae Moku Access to Education (ATE) Program at Leeward Community College on O’ahu (HB2633) RELATING TO HAWAIIAN HOMES COMMMISSION (SB2640 SD1) HWN, WAM/JDC Allows DHHL to provide a cash award amount to beneficiaries on their waitlist, for the purpose of purchasing residential lots located outside of DHHL's trust lands after which, the beneficiary would be removed from the waitlist.

RELATING TO DHHL (SB2435 SD1) HWN, JDC/WAM Allows for waitlisted beneficiaries who are ill, elderly, and/or disabled to receive a paper lease under certain conditions RELATING TO DHHL (SB2594 SD1) HWN, JDC/WAM Allows successors of deceased waitlist beneficiaries to assume place on waiting list RELATING TO UNIVERSAL SCHOOL MEALS (SB2327) EDU, WAM Provides universal free breakfast and lunch for all public-school students (HB1775) RELATING TO STUDENT TRANSPORTATION (SB2330) EDU, WAM Appropriates funds to the Department of Education to strengthen student transportation services for Hawaii's public school system. (HB1797) RELATING TO TEACHERS (SB2326 ) EDU, WAM Increases the bonus for teachers who achieve and maintain a current national board certification from $5,000 to $15,000. (HB1614) RELATING TO MENSTRUAL EQUITY (at UH) (SB2433) HRE/HHS, WAM (HB2177) RELATING TO MENSTRUAL PRODUCTS (all of DAGS) (SB3000) GVO/HHS, WAM (HB2003)

CURRENT LEGISLATION FOR INTRODUCTION THIS 2024 SESSION (continued)

JUDICIARY / ADMIN / SEX CRIMES JUDICIAL RETIREMENT AGE INCREASE (SB2319) JDC, WAM Proposes a constitutional amendment to increase the mandatory retirement age for justices and judges from 70 to 75 years.

RELATING TO TRAFFIC VIOLATIONS (SB2641) TCA/CPN, WAM/JDC Amends the law so that only moving violations resulting in convictions appear on traffic abstracts. $100,000 funding

RELATING TO WINDSHIELD TINTING (SB2320) TCA/JDC

Lowers the level of light transmittance allowed on sun screening glazing on motor vehicle windows from 35% to 25%. (HB1579)

RELATING TO PUBLIC HOUSING (SB3277)

Prohibits a determination of ineligibility for tenant applicants for any program under the Hawaii Public Housing Authority law due to an eviction unless a writ of possession was issued and served,

RELATING TO LEGISLATIVE BUDGET OFFICE $ (SB2644) GVO, WAM/JDC Taxes capital gains income at the same rate as ordinary income. (HB2022)

RELATING TO CAPITAL GAINS TAX (SB2325) WAM

Taxes capital gains income at the same rate as ordinary income. (HB1660)

RELATING TO YOUTH FEES AND FINES (SB2323 SD1) HHS, JDC Prohibits the assessment of any fines, fees, or court costs against a person who was adjudicated as a minor, or against the person's parent or guardian, and discharges all debt. (HB2722)

RELATING TO LIMITATION OF ACTION (SB2439) JDC

Revives and/or extends the statute of limitations for civil actions brought by victims of sexual assault against an alleged offender.

RELATING TO SEX TRAFFICKING (SB2757) JDC

Aligns state sex trafficking laws with federal law by making the commercial sexual exploitation of a minor a form of sex trafficking.

RELATING TO SEX TRAFFICKING (SB2758) JDC

Authorizes civil claims to be made against a business, owner, or operator of a transient accommodation, or other commercial entity that profits.

RELATING TO CHILD PROTECTION* (SB2643) HHS/PSM, JDC Amends definition of “imminent harm” in the Child Protective Act. Requires due process in child removals without a court order. (HB2749)

RELATING TO INDECENT EXPOSURE (SB2971) JDC Raises the criminal penalty for the offense of indecent exposure from a petty misdemeanor to a misdemeanor if the victim is less than sixteen years of age. (HB1927)

CURRENT LEGISLATION FOR INTRODUCTION THIS 2024 SESSION (continued)

STATE BURIAL COUNCILS RELATING TO BURIAL SITES (SB2438) WTL/HWN, JDC/WAM Requires violators of HRS Chapter 6E to appear before the BLNR and allows the imposing of fines (HB2609) RELATING TO BURIAL SITES (SB2589) HWN/WTL, JDC Increases the penalty for the desecration of Hawaiian and non-Hawaiian burial sites from a misdemeanor to a felony. (HB2755) RELATING TO BURIAL SITES (SB2590) HWN/WTL, JDC Requires the DLNR to amend the definitions of "inadvertent discovery" and "previously identified" in the HAR, to better protect burial sites.

RELATING TO BURIAL SITES (SB2442) WTL/HWN, JDC Clarifies the definition of “burial site”. (HB2608) RELATING TO BURIAL SITES (SB2592) HWN/WTL, JDC Requires the DLNR to amend the definition of "cultural descendant", in HAR, to more accurately capture relationships between individuals and families.

RELATING TO BURIAL SITES (SB2441) WTL/HWN, JDC Requires the DLNR to amend the definition of "lineal descent", in HAR, to allow applicants to better claim lineal descent status to remains found at burial sites.

RELATING TO BURIAL SITES (SB2591) HWN/WTL, JDC Allows individuals and ‘ohana members to access burial sites on privately owned lands for specific monitoring & cultural reasons.

RELATING TO BURIAL SITES (SB2587 / SB2440) WTL, WAM Requires the State Historic Preservation Division of the DLNR to compile a list of approved archaeologists to ensure the quality and integrity of archaeological services contracted by developers. (HB2607)

PUBLIC LANDS RELATING TO FEDERAL LANDS (SB2593) WTL/PSM, WAM Establishes within the DLNR a Makua Valley task force to prepare for the transition of the management of the Makua military reservation from the United States Army upon the expiration of the Army's lease for the land. Requires a report to the Legislature. (HB2117) RELATING TO LAND LEASES (SB2759) WTL, JDC Prohibits the State from leasing any public lands, or extending the lease of any public lands, to any individual, corporation, or federal agency that is in arrears in the payment of certain moneys to the State, noncompliant with a consent decree or memoranda of agreement with the State that requires environmental maintenance or remediation with regard to the subject public lands, or convicted of a crime.

CURRENT LEGISLATION FOR INTRODUCTION THIS 2024 SESSION (continued)

HEALTH RELATING TO WATER QUALITY (SB2322) HHS/AEN, WAM Requires the Department of Health to require continued water testing during brown water advisories under certain circumstances.

RELATING TO ACCESS FOR REPRODUCTIVE CARE (SB2969) HHS/CPN, WAM Clarifies the State's midwifery law to permit care by extended family, cultural supporters, or others with whom a woman chooses to give birth.

State shall not prohibit or restrict healing practices by traditional healers of any ethnic culture or religious faith or their students, nor a person's right to choose where and with whom one gives birth. (HB2649) RELATING TO HEALTH INSURANCE (SB2321) LBT, WAM Establishes the Public Employee Health Benefits Working Group to investigate the feasibility of offering a fully self-insured health benefits plan with no deductible or monthly premium cost to state and county public employees. Report to Legislature. (HB1583) RELATING TO MEDICAL CANNABIS (SB3278) HHS/CPN, JDC/WAM Amends State laws governing medical use of cannabis and the medical cannabis dispensary system.

RELATING TO CLEAN AND SOBER HOMES (SB2642) HHS/PSM, JDC/WAM Requires mandatory registration for all clean and sober homes. Requires the Department of Health to ensure there is equitable distribution of clean and sober homes throughout a county. Requires an applicant to obtain written approval from the appropriate county showing compliance with all land use and zoning ordinances and rules.

Prohibits the Department of Health from issuing a certificate of registration: unless, a public informational meeting is held. (HB2750 HD1) RELATING TO LIVING ACCOMMODATIONS. (SB471 SD1) HHS, JDC/WAM Prohibits camping in public areas that are not designated as camping locations by the State or a county. Allows the court to order participation in homeless services in lieu of prosecution or sentencing. Requires the Governor to establish safe zones for homeless persons. Makes appropriations.

EMERGENCY SERVICES RELATING TO FIRST RESPONDERS (SB2324) HHS/PSM WAM Requires the State to share in the cost of county first responder personnel fulfilling state-imposed new mandates or increases in the level of service under existing programs. (HB1571 X) RELATING TO FIRE PREVENTION $ (SB2434) LBT/PSM, WAM Creates a State Fire Marshal who is authorized to hire seven enforcement officers. (HB2106)

CURRENT LEGISLATION FOR INTRODUCTION THIS 2024 SESSION (continued)

HISTORIC PRESERVATION RELATING HISTORIC PRESERVATION (SB2331) PSM/WTL, JDC Clarifies that the Governor may waive historic preservation requirements in an emergency proclamation only when there is an imminent or presently occurring emergency which threatens health and safety.

RELATING TO HISTORIC PRESERVATION (SB2588) GVO/WTL, WAM Add four in-house archeologist positions and one historic preservation position

ENVIRONMENT RELATING TO DEBRIS RECYCLING (SB2436) GVO/AEN, CPN/WAM Requires recycling of construction and demolition materials and use of recycled materials to factor into priority offeror selections for competitive procurement of construction or demolition services by the State or any county. (HB2101) RELATING TO CONSTRUCTION CODE (SB2437) PSM/AEN, WAM Requires the state building code to incorporate the international green construction code. Sets specified targets for recycling, reuse, donation, and resale of non hazardous construction waste.

GLIMPSES OF OPENING DAY AT THE LEGISLATURE 2024

Jan 30 SB 2921

RELATING TO THE DHHL (HWN, WAM/JDC) Amends the appropriation of Act 279, SLH 2022, to conform its lapsing provision by 1 year, to conform to constitutional limitations

SB 2640 SD1

RELATING TO THE HHC ACT (HWN, WAM/JDC) Amends the HHC Act to authorize DHHL to provide cash awards to waitlisters in lieu of a lease. Removes them from waitlist

SB 2435 SD1

RELATING TO THE DHHL (HWN, JDC/WAM) Authorizes DHHL to administer a “Paper” Lease Award Program for certain beneficiaries on the homestead lease waiting list

SB 2594 SD1

RELATING TO THE DHHL (HWN, JDC/WAM).

Authorizes qualified successors of deceased beneficiaries waitlisters to file a claim for a lease award within four years of the effective date.

SB 2647

RELATING TO THE DHHL. (HWN, JDC/WAM) Authorizes qualified successors of deceased beneficiaries waitlisters to file a claim for a lease award within four years of the effective date.

SB 2646

RELATING TO THE HHC ACT. (HWN, JDC/WAM) Increases loan limit for loans provided DHHL to 75% (from 50% per HHCA) of max single residence loan amount allowed US HUD

SB 2780 SD1

RELATING TO NATIVE HAWAIIAN BENEFICIARIES. (HWN, WAM) Requires DHHL to complete an assessment and report on the feasibility of creating a digitized interactive database

SB 2655

RELATING TO THE HHC. (HWN, JDC/WAM) Allows HHC to retain legal counsel.

Feb 1st SB 3016 SD1

RELATING TO THE HAWAIIAN FLAG. (PSM/HWN, JDC) Requires all United States military reservations and military training facilities in the State to display the Hawaiian flag.

SB 2645 SD1

RELATING TO COMPLIANCE ON HHL. (HWN/PSM, WAM/JDC) Establishes DHHL compliance and enforcement to investigate complaints, conduct investigations, and work with other authorities

SB 3113

RELATING TO THE HHC ACT. (HWN, JDC/WAM) Increases the allowable loan term for direct loans provided

by DHHL to be forty years, instead of thirty years (per HHCA)

SB 3109

RELATING TO THE DHHL. (HWN, WAM) Gives practical effect to the intent of the Legislature that funds appropriated in Act 279, Session Laws of Hawaii 2022

SB 3112

RELATING TO THE HHC ACT. (HWN, JDC/WAM) Increases loan limit for loans provided DHHL to 75% (from 50% per HHCA) of max single residence loan amount allowed US HUD

KOMMUNITY KOKUA KORNER

Wai’anae Elementary School came to visit their State Capitol to learn more about the legislature and to spend time with me. There were so many very thoughtful questions and I certainly enjoyed spending time with them and also introducing them from the floor of the Senate Chamber. COME AGAIN SOON, WAI’ANAE SEAHORSES !!

~ Senator Maile