Key Measures Passed in 2017 Which Benefit the Leeward Coast and Beyond!

My dedicated staff, pictured, from L-R: Kaliko Chun, Shirley Yamauchi, Chantrelle Waialae, Colleen Teramae, me, and Patrice Tanna. (Not pictured: community liaison Geanine Gomes; and volunteers Lopaka Baptiste and Kapua Keliikoa-Kamai).

Maile 032914A


Today was “Sine Die” aka the last day of the 2017 Legislative Session (Note: Opening Day is the 3rd Wednesday in January, and Sine Die is the 1st Thursday in May, each year). I am grateful for a successful session, and want to especially thank my dedicated staff, pictured above.

I will be publishing session wrap-ups in Westside Stories. Here is a glimpse of some of the key bills/initiatives that I introduced or supported, which the legislature passed into law. Please note that some of these bills are still subject to the Governor’s approval.


*Contraflow: Convert eastbound turn lane into westbound contraflow lane during afternoon rush hour

*$12m to resurface Farrington Highway along the entire stretch of the Waianae Coast

*Traffic Cameras and High-Tech Infrared Heat Sensors at the Nanakuli Ave. and Haleakala Ave. intersections

*Leeward Oahu Traffic Improvements: Zipper Lane (added lane and extended hours); Makakilo Interchange; Kualaka`i to Kunia shoulder lane

*HB937: Appropriates $300,000 for the Executive Office on Early Learning to enter into contracts with third-party providers for family-child interaction learning programs.

*HB957: Authorizes the DOE to borrow moneys interest-free from the Hawaii green infrastructure loan program for heat abatement measures at public schools. Requires DOE to make payments on the loan from revenues saved by energy efficiency measures.

*HB116: Teacher Housing; requires the City to transfer to DLNR all property upon which certain public schools are situated, in order to plan for teacher housing and other improvements; extends the 21st century schools pilot program by an additional five years.


*LED Lighting and Tow Truck Service along Farrington Highway

*HB306: Authorizing the fitting of a continuous alcohol monitoring device on persons charged for operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant if the person: (1) Is a repeat intoxicated driver; or (2) Is currently awaiting a pending criminal investigation or prosecution for one or more prior charges of operating a vehicle under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant. Establishes a process for certain persons to receive financial relief for the cost of the monitoring devices. Requires the administrative director of the courts to submit a report to the legislature evaluating the effectiveness of the alcohol monitoring devices and any known effect on the ignition interlock devices.

*HB1382: Assists veteran-owned, woman-owned, and other small businesses in the state procurement process by establishing a temporary small business assistance initiative, small business advisory group, small business office, and small business procurement coordinator position within the State Procurement Office. Appropriates funds.

*HB1420: Appropriates funds for funeral and burial services and transportation of remains to the Philippines for qualifying Filipino-American veterans.


*HB451: Reduces the minimum Hawaiian blood quantum requirement of certain successors to lessees of Hawaiian home lands from one-quarter to one thirty-second. Effective upon approval of governor and U.S. Congress.

*HB335: Appropriates funds for the Office of Hawaiian Affairs (OHA).

*HB100 : Appropriates $2.5m to support the Kaho‘olawe Island Reserve Commission.

*SCR150/SR71: Requesting OHA to convene a study group to make recommendations to the legislature on an appropriate means to honor Robert William Kalanihiapo Wilcox, Hawaii’s first elected delegate to the United States Congress.

*SR33: Requesting OHA to convene a task force of Hawaiian leaders, legal scholars, and a broad representation of member of the Hawaiian community to review and consider whether its fiduciary duty to better the conditions of Hawaiians and manage its resources to meet the needs of Hawaiian beneficiaries would be better served by having trustees appointed rather than elected.

*HB916: Makes an appropriation for the health care provider loan repayment program administered through the John A. Burns School of Medicine (JABSOM), which aims to incentivize practicing in underserved areas.

*HB607: Authorizes the Executive Office on Aging to establish the Kupuna Caregivers Program to assist community members in obtaining care for elders while remaining in the workforce. Clarifies the kupuna service and support options provided by area agencies on aging within the program. Appropriates funds.

*HB428: Allows JABSOM to continue to receive a portion of the physician workforce assessment fee for ongoing physician workforce assessment and planning to support the recruitment and retention of physicians in the State, particularly those in rural and medically underserved areas.

*SB387: Requires a health carrier with a network plan to maintain a network that includes sufficient numbers of appropriate types of providers to ensure that covered persons have access to covered services. Specifies contract, disclosure, continuity of care, and directory publication requirements


*SB859: Grants an employee the right to have a chaperone present during an independent medical examination relating to a work injury for workers’ compensation purposes and, with the approval of the examining physician or surgeon, to record the medical examination. Specifies that if an employee or employee’s chaperone obstructs the medical exam, the employee’s right to workers’ compensation shall be suspended until the obstruction ceases. Repeals on 6/30/2019.

*HB208: Amends the requirements for a court to enjoin an employer who has not secured compensation coverage for employees. Authorizes DLIR to issue an order of wage payment violation to the employer in violation of provisions regarding payment of wages and other compensation. Establishes penalties, enforcement, and appeal procedures related to orders of wage payment violations.

*SB469: Appropriates funds for the judiciary for the fiscal biennium beginning 7/1/2017 and ending 6/30/2019.


*SB99: Prohibits any county from disqualifying a legal nonconforming dwelling unit from the housing choice voucher program if the unit meets zoning and building code requirements and other program standards such as health and safety standards.

*HB83: Requires the Hawaii Interagency Council on Homelessness, in conjunction with and with the advisement of DHS and DLNR, to establish a working group to examine and develop recommendations related to the establishment of safe zones for persons experiencing homelessness. Requires the working group to submit a report to the Legislature. Appropriates funds.

*HB1179: Expands the types of rental housing projects that can be exempt from general excise taxes. Allows the Hawaii Housing Finance and Development Corporation to exempt certain affordable rental housing projects from general excise tax and use tax costs. Allows the terms of the section 201H-36(a)(5) prevailing wages to be deemed the prevailing wages serving as the basis of compliance with chapter 104, HRS, for the construction of certain rental housing projects.

*SB369: Prohibits associations of apartment owners, boards of directors, managing agents, resident managers, unit owners, and persons acting on behalf of associations or unit owners from retaliating against a unit owner, board member, managing agent, resident manager, or association employee who files a complaint; acts in furtherance of a complaint, report, or investigation of an alleged violation of the State’s condominium laws or a condominium’s governing documents; or exercises or attempts to exercise any right as a unit owner.


*HB209: Establishes a non-refundable state earned income tax credit. Changes income tax rates after 12/31/16. Repeals the sunset date for amendments made to the refundable food/excise tax credit by Act 223, SLH 2015.

*HB423: Film; Digital Media Industry; Tax Credit; Amends the qualifications a production must meet in order to claim the credit. Caps the annual amount of tax credits that may be claimed at $35,000,000. Extends the sunset date to January 1, 2026. Requires DBEDT to submit an annual report to the Legislature regarding the activities and expenditures of the tax credit. Clarifies that no rule shall be adopted to expand the scope of the tax credit where the rule conflicts with legislative intent. Requires certain film productions claiming the tax credit to hire an independent third party certification of qualified production costs eligible for the credit. Requires DBEDT, in collaboration with DOTAX, to submit to the Governor and the Legislature a report on the number of jobs created in the State and the fiscal impact of every film production receiving the tax credit in the State.

*HB1498: Part I: requires copies of contracts, written job descriptions, and compensation between the association and any person retained to manage the operation of the property on-site to be made available to any unit owner, and allows certain personal information to be redacted from the contracts. Part II: clarifies that in cases where the removal or replacement of a director elected by a class of unit owners is authorized, such removal or replacement may be by a majority of only the members of that class; and specifies that, for an election in a mixed-use condominium project where directors are elected by different classes of owners, an association may cast the vote or votes allocated to any nonresidential unit owned by the association where those eligible to vote in the election are limited to owners of one or more nonresidential units, including the nonresidential unit owned by the association. Part III: clarifies that tenants are prohibited from serving as board members of a condominium association.

*HB1475: Permits farmers’ markets and food hubs on lands in an agricultural district.

*HB453: Requires DOA to provide grants to farmers to assist them in paying for the costs of compliance with the FDA Food Safety Modernization Act, FDA regulations, and state food safety laws.

*HB1578: Establishes the Carbon Farming Task Force within the Office of Planning to identify agricultural and aquacultural practices to improve soil health and promote carbon sequestration in the State’s agricultural and aquacultural sectors. Appropriates funds.

*HR122 / SR34: Urging the United States Army Corps of Engineers and DLNR to collaborate to create a mechanism for generating water circulation in Poka`i Bay.

*HB115: Requires each county with a population of over five hundred thousand or greater to take ownership and jurisdiction over all disputed roads under certain circumstances. Defines disputed roads.

*SB992: Clarifies that DLNR may assume immediate control of a vessel that is grounded on state submerged land, a shoreline, or a coral reef, or in imminent danger of breaking up, if the vessel cannot be removed by the owner within 24 hours from the time the vessel is grounded. Clarifies that the Department may assume immediate control of a vessel grounded on a sand beach, sand bar, or mudflat not in imminent danger of breaking up after the owner has been given 72 hours’ notice to remove the vessel and has not done so. Effective 9/1/17.
For more information, contact me at:

State Capitol, Room 222
415 South Beretania Street
Honolulu, HI 96813
808-586-7793 phone
808-586-7797 facsimile
Twitter: @SenMaile

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