As Martin Luther King Jr. said, “morality cannot be legislated, but behavior can be regulated,” and the state Legislature is attempting to do just that with a bevy of new laws focused on ethics and other issues.
Some of those regulations kicked in Sunday, when 22 of the laws passed in 2022 take effect. The new laws prohibit the intentional release of lighter-than-air balloons, extend the driver’s license renewal period for 72-to-80-year-olds from two to four years, establish ranked-choice voting for special federal elections and special elections of vacant county council seats and require county fire departments to submit annual reports on fireworks to the Legislature, among other measures.
Three of the new laws deal specifically with issues raised by the Commission to Improve Standards of Conduct, a blue-ribbon panel created by the state House last year after a rash of corruption at both the local and state level sent a number of government workers and officials to prison.
Headed by retired Hawaii Judge Dan Foley, the commission issued 15 recommendations in an interim report, included five that were passed by the Legislature. Two others were passed by the Legislature but vetoed by then-Gov. David Ige.
Those laws that went into effect Sunday include:
• Act 165, SLH 2022 (HB1475 CD1) – Relating to Mandatory Ethics Training. Requires state legislators and employees to complete mandatory live or online ethics training courses every four years, subject to certain requirements.
• Act 283, SLH 2022 (SB555 HD1) – Relating to Campaign Fundraising. Prohibits elected state and county officials from holding any fundraiser event to raise contributions for which any price is charged or any contribution is suggested for attendance during a regular session or special session of the state legislature.
• Act 169, SLH 2022 (HB2416 CD1)– Relating to Campaign Spending. Establishes provisions relating to donors; consent; notice. Requires donors to nonprofits operating as noncandidate committees to consent to public reporting of their names and addresses as a condition of using the donation for campaign purposes.
And more good-government bills are expected when the Legislature convenes Jan. 18, legislative leaders said in a Wednesday Star-Advertiser livestreamed interview. The standards commission, in its final report, detailed 31 proposals for the 2023 Legislature.
“We are going to be taking a hard look at the Foley Commission report,” House Speaker Scott Saiki said. “I know that the bills will be introduced this session. We’ll hold public hearings.”
Senate President Ron Kouchi expects government access and transparency to improve in the upcoming session just because the Capitol will be more open as pandemic lockdowns are eased.
“With the Capitol being reopened, I think that is a big statement to have everybody available and the ability to see what we’re doing and who’s going in and out of whose offices, who’s hanging out on the railing and things of that nature,” Kouchi said.
In addition, he noted, the state’s investment in videoconfrencing technology during the lockdown will help the public keep track of legislation and submit testimony.
“I think we’re really opened up the process and helped with transparency by the way we’ve been able to stream the meetings,” he said.
Still, he added, as far as the ethics bills, “I’m confident some of the bills are going to be passed — just how many, I don’t know. but they’ll be referred out (to committees) and we’ll be scheduling the hearings and see where the testimony takes us.”
The other laws taking effect Sunday:
• Act 15, SLH 2022 (SB2376 SD1) – Relating to Tobacco Taxes. Repeals and eliminates the deferred payment purchase option for cigarette tax stamps. Requires licensees to pay for stamps at the time of purchase using cash, certified check, or bank transfer.
• Act 47, SLH 2022 (SB2162 CD1) – Relating to Ranked Choice Voting Establishes. ranked-choice voting for special federal elections and special elections of vacant county council seats.
• Act 49, SLH 2022 (SB2185 CD1) – Relating to Fireworks. Requires the auditor of fireworks and articles pyrotechnic records for each county fire department to submit to the Legislature an annual report detailing inventory, recordkeeping, and sales of fireworks to license or permit holders.
• Act 56, SLH 2022 (HB1619 CD1)– Relating to Peer-to-Peer Car-Sharing Insurance Requirements. Establishes provisions relating to peer-to-peer insurance coverage.
• Act 57, SLH 2022 (HB1681 SD1) – Relating to Transportation Network Companies. Establishes requirements and permitting procedures for transportation network companies operating in the State. Makes permanent insurance requirements for transportation network companies and transportation network company drivers.
• Act 58, SLH 2022 (HB2111 CD1) – Relating to Insurance. Establishes provisions relating to care obligation of insurers and producers.
• Act 62, SLH 2022 (HB2272 CD1) – Relating to Condominium Associations. Amends provisions relating to contents of declarations under condominiums laws.
• Act 69, SLH 2022 (SB2685 CD1) – Relating to Planned Community Associations. Establishes provisions relating to cumulative voting for directors under the planned community associations law.
• Act 76, SLH 2022 (HB137 CD1) – Relating to Liquor Amends provisions relating to cooperation between the Department of Taxation and county liquor commissions.
• Act 88, SLH 2022 (SB2279 CD1) – Relating to Catalytic Converters Regulates the purchase of catalytic converters by used motor vehicle parts dealers and palladium, platinum, and rhodium by scrap dealers and recyclers. Subjects persons who violate related provisions to a class C felony. Establishes the felony offense of theft of catalytic converter.
• Act 94, SLH 2022 (SB3165 CD1) – Relating to Operating a Vehicle under the Influence of an Intoxicant Amends provisions relating to operating a vehicle under the influence of an intoxicant under use of intoxicants while operating a vehicle law.
• Act 97, SLH 2022 (HB956 CD1) – Relating to Statewide Interoperable Public Safety Communications Establishes a statewide interoperable communications executive committee and subcommittee for public safety communications and the position of the statewide interoperable communications coordinator. Defines “interoperable communications”.
• Act 141, SLH 2021 (HB1102 SD2) – Relating to Litter Control Prohibits the intentional release of balloons inflated with a gas that is lighter than air.
• Act 159, SLH 2022 (SB2679 CD1)– Relating to Driver’s Licenses Extends the renewal period from two years to four years for licensees who are seventy-two years of age or older but younger than eighty years of age.
• Act 161, SLH 2022 (SB3121 CD1– Relating to Funding for Parking for Disabled Persons Establishes an Accessible Parking Special Account within the Disability and Communication Access Board Special Fund. Increases the state annual vehicle registration fee by $1 and requires that $1 from each annual vehicle registration fee be deposited into the Accessible Parking Special Account.
• Act 217, SLH 2022 (HB1982 CD1) – Relating to Taxes. Establishes provisions relating to withholding of tax by persons claiming the motion picture, digital media, and film production income tax credit under the general excise tax law.
• Act 218, SLH 2022 (SB2378 CD1) – Relating to the Taxation Board of Review. Amends provisions relating to the taxation board of review; appointment; removal, compensation.
• Act 286, SLH 2022 (SB3085 CD1) – Relating to the Hawaiʻi Code of Military Justice. Adopts a new Hawaiʻi Code of Military Justice to promote order and discipline in the state military forces by fostering an independent military justice system and updating nonjudicial punishment and courts-martial procedures.
• Act 298, SLH 2022 (HB1688 CD1) – Relating to Registration of Vehicles. Subjects U-drive motor vehicles to the same motor vehicle registration fees as other motor vehicles. Authorizes the counties to use certain motor vehicle registration fees to mitigate and address the impacts of tourism-related traffic congestion.
