HRA Legislative Report – 2016 First Crossover Tracker – March 8, 2016
Bill Sponsor Summary History Committee Committee
Hawaii HB 1683 Representative Chris Kalani Lee (D) Permits an employee to use leave under the Hawaii Family Leave Law to care for a sibling. 3/8/2016 S Received from House (Hse. Com. No. 74). LAB, FIN HB1683_HD1_ HSCR811-16_
Hawaii HB 1739 Representative Matthew LoPresti (D) Prohibits, subject to certain exemptions, employers from requiring, requesting, or coercing employees or potential employees to provide access to their personal social media accounts. 3/4/2016 H Forty-eight (48) hours notice Tuesday, 03-08-16. LAB, JUD HB1739_HD2_ HSCR931-16_
Hawaii HB 1870 (SB 2219) Representative Derek S.K. Kawakami (D) Provides a taxpayer who hires a person totally disabled a nonrefundable tax credit for the six-month period after the individual is initially hired by the taxpayer. 3/4/2016 H Forty-eight (48) hours notice Tuesday, 03-08-16. LAB, FIN HB1870_HD2_ HSCR886-16_
Hawaii HB 2010 Representative Mark M Nakashima (D) Requires the Director of Labor and Industrial Relations to approve First Job Training Programs. 3/4/2016 S Passed First Reading. LAB, FIN HB2010_HD1_ HSCR680-16_
Hawaii HB 2122 Representative Joseph Souki (D) Increases maximum potential unemployment benefits for employees separated from service from 26 to 39 times the individual’s weekly benefit amount commencing on or after March 7, 2016. Requires terminated or laid off Hawaiian Commercial and Sugar Company workers to complete a training or retraining program to receive the maximum potential benefits. 3/4/2016 H Forty-eight (48) hours notice Tuesday, 03-08-16. LAB, FIN HB2122_HD2_ HSCR887-16_

 

Hawaii HB 2363 (SB 2892) Representative Joseph Souki (D) Excludes employers from providing Temporary Disability Insurance (TDI) coverage for themselves if they perform services for their own corporation, limited liability company (LLC), limited liability partnership (LLP), partnership, or sole proprietorship. Allows the Director to receive electronic reports of injuries and other workers’ compensation required reports. Increases the penalties for not having TDI coverage, for failure to make correct or timely benefit payments, for terminating such benefits, for failure to file medical reports, for employer’s failure to provide copies of requested medical reports, for not having Workers’ Compensation coverage, and for the deduction of premium payment from employee wages. 3/4/2016 S Passed First Reading. LAB, CPC, FIN HB2363_HD1_ HSCR685-16_
Hawaii HB 2582 Representative Lynn DeCoite (D) Requires the Department of Agriculture to develop and implement an Agricultural Food Safety Certification Program that concurrently complies with the FDA Food Safety Modernization Act as it applies to farmers and ranchers. Authorizes and appropriates funds for program staff. 3/8/2016 S Received from House (Hse. Com. No. 154). AGR, CPC, FIN HB2582_HD1_ HSCR768-16_
Hawaii HB 2648 Representative Chris Kalani Lee (D) Establishes an advisory committee to evaluate solid waste infrastructure needs. 3/4/2016 H Forty-eight (48) hours notice Tuesday, 03-08-16. EEP, FIN HB2648_HD2_ HSCR878-16_

 

Hawaii SB 2313 (HB 1909) Senator Rosalyn

H. Baker (D)

Clarifies affirmative defenses that an employer may use in a pay differential case. Prohibits employer actions regarding wage disclosure. Prohibits an employer from discriminating between employees because of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for substantially similar work and under similar working conditions, with certain exceptions.

Prohibits prospective employers from requesting or considering a job applicant’s wage or salary history as part of the employment application process.

3/4/2016 S 48 Hrs. Notice 03-08-16. JDL, WAM SB2313_SD2_S SCR2764_
Hawaii SB 2961 (HB 2128) Senator Gilbert

S.C. Keith-Agaran (D)

Establishes a family leave insurance program, which requires employees to make contributions into a trust fund to be used to provide employees with family leave insurance benefits in order to care for a designated person. Expands the number of weeks of paid leave from four to twelve weeks of leave under the family leave law. Appropriates funds to DLIR to implement the program. Requires a study to be performed by the department of labor and industrial relations and an actuarial study to be performed by the department of budget and finance. Takes effect on 1/7/2059. 3/4/2016 S 48 Hrs. Notice 03-08-16. HMS/CPH, JDL/WAM SB2961_SD2_S SCR2759_
“DEAD”          
Hawaii HB 1727 Representative John Mizuno (D) Requires employers to notify employees, when providing their annual wage summary statements, that they may be eligible to receive the federal earned income tax credit. 2/18/2016 H Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Luke, Nakashima, Souki excused (3). LAB, FIN HB1727_HD1_ HSCR471-16_

 

Hawaii HB 1785 Representative John Mizuno (D) Requires twelve weeks of partially paid leave at a maximum rate of sixty-six and two-thirds per cent of an employee’s monthly wage. Establishes the partial wage replacement for paid leave trust fund to be funded by employee contributions from payroll deductions. Makes an appropriation to the DLIR for administrative expenses and new positions. 1/27/2016 H Referred to LAB, FIN, referral sheet 2 LAB, FIN  
Hawaii HB 1815 (SB 2342) Representative Roy M. Takumi (D) Repeals the requirement that the director of labor and industrial relations issue guidelines on frequency of treatment and reasonable utilization of health care and services, and adopt updated medical fee schedules, pertaining to workers’ compensation. 1/27/2016 H Referred to LAB, CPC, FIN, referral sheet 2 LAB, CPC, FIN  
Hawaii HB 1871 (SB 2218) Representative Derek S.K. Kawakami (D) Provides a taxpayer who hires an elderly individual a nonrefundable tax credit for the six-month period after the individual is initially hired by the taxpayer. 1/27/2016 H Referred to LAB, FIN, referral sheet 2 LAB, FIN  
Hawaii HB 1893 Representative Matthew LoPresti (D) Bans businesses from providing single-use plastic checkout bags and non-recyclable paper bags to customers. Assesses a fee that businesses shall charge for allowable bags provided to customers. Allows for penalties from the Department of Health. 1/27/2016 H Referred to EEP, CPC, FIN, referral sheet 2 EEP, CPC, FIN  
Hawaii HB 1911 (SB 2477) Representative Della Au Belatti (D) Establishes a family leave insurance program, which requires employees to make contributions into a trust fund to be used to provide employees with family leave insurance benefits. Appropriates funds to DLIR to implement the program. 1/27/2016 H Referred to LAB, FIN, referral sheet 2 LAB, FIN  
Hawaii HB 2011 (SB 2290) Representative Mark M Nakashima (D) Establishes a payroll assessment to fund sick leave in the private sector. 1/27/2016 H Referred to LAB, FIN, referral sheet 2 LAB, FIN  

 

Hawaii HB 2014 (SB 2289) Representative Mark M Nakashima (D) Requires employers to keep a record of the former physical addresses and current physical address of the employer and the North American Industry Classification System code applicable to the employer. 2/17/2016 H Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; Representative(s) McDermott voting no (1) and none excused (0). LAB, FIN HB2014_HD1_ HSCR354-16_
Hawaii HB 2126 (SB 2447) Representative Joseph Souki (D) Requires certain employers with an unspecified number of employees to provide sick leave to service workers for specified purposes under certain conditions. Defines the terms “service worker” and “employer”. 1/27/2016 H Referred to LAB, JUD, FIN, referral sheet 2 LAB, JUD, FIN  
Hawaii HB 2127 (SB 2456) Representative Joseph Souki (D) Requires certain employers with fifty or more employees to provide sick leave to service workers for specified purposes under certain conditions. Defines the terms “service worker” and “employer”. 1/27/2016 H Referred to LAB, JUD, FIN, referral sheet 2 LAB, JUD, FIN  
Hawaii HB 2128 (SB 2961) Representative Joseph Souki (D) Establishes a family leave insurance program, which requires employees to make contributions into a trust fund to be used to provide employees with family leave insurance benefits in order to care for a designated person. Appropriates funds to DLIR to implement the program. 1/27/2016 H Referred to LAB, CPC, FIN, referral sheet 2 LAB, CPC, FIN  
Hawaii HB 2192 Representative Sam Kong (D) Makes voidable, franchise provisions that restrict the resolution of claims arising under or relating to a franchise in this State to a foreign forum. 2/11/2016 H Re-referred to CPC, JUD, referral sheet 13 CPC, JUD  
Hawaii HB 2487 Representative Ty J Cullen (D) Requires an electronic benefits cardholder to present photo identification for certain transactions. 2/10/2016 H The committee(s) on CPC recommend(s) that the measure be deferred. CPC, JUD  

 

Hawaii HB 2641 (SB 3056) Representative Daynette Morikawa (D) Requires the Department of Human Services to create a domestic violence call sheet with a domestic violence legal hotline number and shelter hotline number.

Requires both the Department of Human Services and the Department of Labor and Industrial Relations to make an electronic version available on their websites. Requires all employers to post the call sheet in the workplace. Creates a fine of $100 for employers for failure to comply.

2/9/2016 H Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Tupola excused (1). HUS/LAB, JUD, FIN HB2641_HD1_ HSCR102-16_
Hawaii SB 2005 Senator Suzanne

N.J. Chun Oakland (D)

Makes it a discriminatory labor practice for any employer to retaliate or threaten retaliation against an employee for providing documentation, statements, or information about labor conditions of the premises where that employee works for the employer. 1/20/2016 S Referred to JDL. JDL  
Hawaii SB 2218 (HB 1871) Senator Ronald Kouchi (D) Provides a taxpayer who hires an elderly individual a nonrefundable tax credit for the wages attributable to work rendered by the individual for the six-month period after the individual is initially hired by the taxpayer. 2/18/2016 S Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. HMS, WAM SB2218_SD1_S SCR2269_
Hawaii SB 2219 (HB 1870) Senator Ronald Kouchi (D) Provides a taxpayer who hires a person totally disabled with a nonrefundable tax credit for wages earned by the individual during the six-month period after the individual is initially hired by the taxpayer. 2/19/2016 S Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. JDL/CPH, WAM SB2219_SD1_S SCR2392_
Hawaii SB 2229 (HB 1785) Senator Suzanne

N.J. Chun Oakland (D)

Requires twelve weeks of partially paid leave at a maximum rate of sixty-six and two-thirds per cent of an employee’s monthly wage. Establishes the partial wage replacement for paid leave trust fund to be funded by employee contributions from payroll deductions. Makes an appropriation to the DLIR for administrative expenses and new positions. 1/25/2016 S Referred to JDL, WAM. JDL, WAM  

 

Hawaii SB 2290 (HB 2011) Senator Gilbert

S.C. Keith-Agaran (D)

Establishes a payroll assessment to fund sick leave in the private sector. 2/16/2016 S The committee on JDL deferred the measure. JDL, WAM  
Hawaii SB 2342 (HB 1815) Senator Maile

S.L. Shimabukuro (D)

Repeals the requirement that the director of labor and industrial relations issue guidelines on frequency of treatment and reasonable utilization of health care and services, and adopt updated medical fee schedules, pertaining to workers’ compensation. 1/25/2016 S Referred to JDL/CPH, WAM. JDL/CPH, WAM  
Hawaii SB 2456 (HB 2127) Senator Gilbert

S.C. Keith-Agaran (D)

Requires certain employers with fifty or more employees to provide sick leave to service workers for specified purposes under certain conditions. Defines the terms “service worker” and “employer”. 2/16/2016 S The committee on JDL deferred the measure. JDL, WAM  
Hawaii SB 2477 (HB 1911) Senator Suzanne

N.J. Chun Oakland (D)

Establishes a family leave insurance program, which requires employees to make contributions into a trust fund to be used to provide employees with family leave insurance benefits. Appropriates funds to DLIR to implement the program. 1/27/2016 S Referred to JDL, WAM. JDL, WAM  
Hawaii SB 2478 (HB 1885) Senator Rosalyn

H. Baker (D)

Establishes a long-term care surcharge on state tax beginning on 1/1/2018 to pay for claims for defined benefits under the long-term care financing program. Makes an appropriation to the department of taxation for costs of implementation and collection. 2/29/2016 S The committee on WAM deferred the measure. CPH/HMS, WAM SB2478_SD1_S SCR2385_
Hawaii SB 2519 Senator Russell Ruderman (D) Requires coffee blend label to disclose regional origins and per cent by weight of the weight of the blended coffees. Prohibits using geographic origins of coffee in labeling or advertising, when roasted or instant coffee contains less than 51 per cent coffee by weight from that geographic origin. 1/27/2016 S Referred to WLA, CPH. WLA, CPH  

 

Hawaii SB 2577 Senator J. Kalani English (D) Establishes, beginning January 1, 2017, labeling requirements for any food or raw agricultural commodity sold in the State that contains a genetically engineered material, or was produced with a genetically engineered material; establishes exceptions; establishes violations; requires director of health to adopt rules. 1/27/2016 S Referred to CPH. CPH  
Hawaii SB 2599 Senator Michelle Kidani (D) Increases the general excise tax and use tax from four per cent to five per cent and requires that additional revenue collected from the general excise tax increase be deposited into a special account in the general fund for department of education operations, including salaries and maintenance costs. 2/29/2016 S The committee on WAM deferred the measure. EDU, WAM SB2599_SD1_S SCR2313_
Hawaii SB 2892 (HB 2363) Senator Ronald Kouchi (D) Excludes employers from providing Temporary Disability Insurance (TDI) coverage for themselves if they perform services for, their own corporation, limited liability company (LLC), limited liability partnership (LLP), partnership, or sole proprietorship. Allows the Director to receive electronic reports of injuries and other workers’ compensation required reports. Increases the penalties for not having TDI coverage, for failure to make correct or timely benefit payments, for terminating such benefits, for failure to file medical reports, for employer’s failure to provide copies of requested medical reports, for not having Workers’ Compensation coverage, and for the deduction of premium payment from employee wages. 1/29/2016 S Referred to JDL, WAM. JDL, WAM  

 

Hawaii SB 3056 (HB 2641) Senator Suzanne

N.J. Chun Oakland (D)

Requires the department of human services to create a domestic violence call sheet with a domestic violence legal hotline number and domestic violence shelter hotline number. Requires all employers to post the call sheet in the workplace. Requires both departments to make an electronic version available on their websites. Creates a fine of $100 for employers for failure to comply. 1/29/2016 S Referred to HMS/JDL, WAM. HMS/JDL, WAM