Come Jan. 1, Hawaii residents and visitors will be subject to a host of freshly enacted laws.
While some of the most prominent bills that passed the legislature and were enacted by the governor had early or immediate effective dates — such as the new hourly minimum wage that took effect on Oct. 1 — and others must yet secure funding or require additional time for implementation, several measures are set to take effect on the first day of 2023.
The following is a list of acts that will become matters of law as of Sunday.
Act 15, SLH 2022 (SB2376 SD1) – Relating to Tobacco Taxes
Repeals the deferred payment purchase option for cigarette tax stamps and 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 of 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 insurance coverage requirements for peer-to-peer car-sharing programs.
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
Amends the limited lines producer license to include all aspects of travel insurance. Excludes dental insurers and dental service corporations as third-party administrators. Requires renewal certificates and audited financial statements in the annual reports of third-party administrators. Adopts the revised National Association of Insurance Commissioners’ Suitability in Annuity Transactions Model Regulation.
Act 62, SLH 2022 (HB2272 CD1) – Relating to Condominium Associations
Clarifies that 67% of unit owners may amend a condominium declaration at any time by vote or written consent, unless the declaration specifies a higher percentage. Requires developers to include annual reserve contributions based on a reserve study. Clarifies time and date requirements for petitions to amend bylaws and call for special meetings; electronic, machine, and mail voting; time frame for approval of minutes; and board meeting participation. Expands when electronic, machine and mail voting is authorized. Requires a condominium association’s reserve study to be reviewed by an independent reserve study preparer and reviewed or updated at least every three years. Specifies that cash flow plans be based on thirty-year projections.
Act 69, SLH 2022 (SB2685 CD1) – Relating to Planned Community Associations
Establishes requirements for cumulative voting and the removal of directors of planned community associations. Exempts planned community associations from certain requirements regarding cumulative voting for and the removal of directors under the Hawaii Nonprofit Corporations Act.
Act 76, SLH 2022 (HB137 CD1) – Relating to Liquor
Removes the authority of the county liquor commissions to enforce the liquor tax law and requires violations of the liquor tax law to be referred to the director of taxation for investigation. Repeals the general right of inspection without a warrant for potential violations of the liquor tax law. Requires applications for liquor licenses to be notarized. Repeals the discretionary power of the liquor commission to deny a license to any person the liquor commission investigator finds is not fit and proper to hold a license. Repeals the requirement that investigative reports to the liquor commission include any and all matters that are relevant to the application or license in the judgment of the investigator.
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 the driver’s license revocation period for first-time offenders convicted of operating a vehicle under the influence of an intoxicant and people who do not install an ignition interlock device. Allows early termination of driver’s license revocation. Requires any person operating a vehicle with an ignition interlock device to have government-issued identification in their immediate possession. Amends the lookback period and sentencing requirements for violations of operating a vehicle after license and privilege have been suspended or revoked. Amends the offense of circumventing or tampering with an ignition interlock device to include obscuring the camera lens or failing to provide a picture of the driver and extend the lookback period.
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.
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 between the ages of 72 and 79, provided they do not have a condition that affects their ability to operate a vehicle.
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 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 169, SLH 2022 (HB2416 CD1) – Relating to Campaign Spending
Specifies consent procedures for when 501(c)(4) nonprofit organizations operating as noncandidate committees can use donations for electioneering communications, independent expenditures, or contributions and requires these organizations to provide certain written notice to donors. Requires 501(c)(4) nonprofit organizations operating as noncandidate committees to disclose the name and address of donors who make a donation individually or in an aggregate of more than $10,000, with certain exceptions.
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
Adjusts membership of the state taxation board of review; requires the chair of the board to have certain qualifications; and establishes a compensation schedule for board members. Authorizes board members to validate board actions by a majority of the members who heard the appeal and sets quorum. Clarifies that board meetings are contested case hearings and provides notice requirements. Clarifies the legal and evidentiary framework the board may use in reaching its decisions.
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 286, SLH 2022 (SB3085 CD1) – Relating to the Hawaii Code of Military Justice
Adopts a new Hawaii 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 court-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.
Michael Tsai covers local and state politics for Spectrum News Hawaii.