New Seatbelt Law Requires Back Seat Passengers to Buckle-Up

Rear seat passengers in motor vehicles are required to use seat belts.

By State Senator Sam Slom
As published in the Hawaii Kai NHB #1 Report
May 28, 2013.

Governor Neil Abercrombie has signed 86 bills into law so far. A total of 293 bills passed the legislature this session – 170 from the Senate and 123 from the House. The Governor has a deadline of July 9 in which to take action on all legislation passed after the end of the session (45 working days). For bills he intends to veto, the Governor must notify the legislature in writing of that intention by June 24.

So far among the bills passed into law:

Act 73 (SB4): This law requires all front and back seat passengers to be “restrained by a seat belt assembly or child passenger restraint”  while the motor vehicle is being operated. The new law took effect upon the Governor’s signature. I voted against this bill because of several issues that came up regarding back seat passengers in taxi cabs. The taxi industry is in a bit of a turmoil regarding the law as to whether or not their passenger or the drivers get a ticket for non-compliance and whether or not the child restraint portion applies to them.

Act 74 (HB 980): This law sets a state-wide ban on the use of mobile electronic devices while operating a motor vehicle. The new law takes effect on July 1, 2013. The City & County of Honolulu already has a law banning the use of mobile electronic devices while driving.

Act 72 (SB 563): This law amends the form and function of the Candidate Advisory Council for the Board of Regents of the University of Hawaii. Among the requirements that the council must fulfill include developing and implementing a fair and independent procedure for evaluating candidates to serve on the Board of Regents; Require candidates and members of their immediate families to disclose any existing or anticipated contracts or financial transactions with the University of Hawaii; actively solicit and accept applications from potential candidates; evaluation of candidates; and present a list of at least 3 candidates to the Governor for the nomination and appointment to each vacant seat on the board. The bill was unanimously approved by both houses of the legislature during final reading votes on April 30.

The University of Hawaii has been under much scrutiny in recent months that started with the investigation into the much publicized “Stevie Wonder Blunder” that eventually lead to the resignation of U.H. President M.R.C. Greenwood.

Act 85 (SB 1171): This controversial bill is now law. The new statute will authorize “phased reviews” of certain projects by the Dept. of Land and Natural Resources State Historic Preservation Division “to ensure consistency between state and federal law”. In other words this law will allowed phased reviews to such project as rail and other large scale developments where issues such as old burials come into play.

I opposed this bill while it was in the Senate along with 8 other senators on final voting day.

The Governor also signed into law 6 bills (Acts 79 to 84) that appropriates funds for unionized government employee pay raises.

Updates to bills and acts are online @ capitol.hawaii.gov.

Floor Action: Session Days 41 and 42

April 2, 2013: Floor Action – Session Day #42

The State Senate recognized the Waianae High School Searider Productions Digital Program / Apple Distinguished Program Award Recipient. The Searider program has been producing video with Apple equipment for years. It is a worthy award for this distinguished program.

Three governor nominees were advised and consented by the full senate.

Five resolutions were approved by the Senate. Senator Slom voted against two resolutions: SCR 189 and SR 144 which requests the Dept. of Transportation to adopt rules to encourage taxis to use high efficiency vehicles, including hybird electric vehicles , at Honolulu International Airport.

Three house bills were also passed on Third Reading. Senator Slom voted “No” on HB 868 “Relating to eliminating the asset limit eligibility requirement for the temporary assistance for needy families program.”

COMMITTEE REPORT: The Senate Higher Education Committee  approved 5 nominees to the University of Hawaii Board of Regents. Senator Slom voted in favor of all 5 but not before the Higher Education Committee grilled some of the nominees on transparency issues, funding of legal services, and the hiring of outside attorneys. The residency of the University of Hawaii President, MRC Greenwood also came into question. The Office of Information Practices issued a memorandum opinion regarding the UH Fact Finders’ Report.

All 5 Board of Regent nominees will be subject to full Senate confirmation soon.

Photo from the Hawaii Senate Majority Flickr stream.

Link: University of Hawaii Board of Regents

April 1, 2013: Floor Action – Session Day #41

The Senate presented certificates to the Challenger Center of Hawaii in honor of its 20 th Anniversary and the William M. Keck Observatory, also commemorating its 20th Anniversary.

The Senate also confirmed 5 nominees on various boards and commissions relating to agriculture  (GMs 597, 503, 504, 505 and 506) and one person confirmed to the Hawaii Housing Finance and Development Corporation. (GM 522)

Four resolutions were also adopted:

SCR 97 / SR 63 – DOE Systemwide review

SCR 108 / SR 74 – “Qualified Aliens” resident citizens of the Freely Associated States.

Floor Actions: Session Days 15, 16 & 17

February 12: Senate Floor Session, Day 17: No floor votes. Several bills passed 2nd reading and moved on to the next committee.

February 11: Senate Floor Session, Day 16: The State Senate passed 4 bills on Third Reading to the House of Representatives. They are SB 328 “Relating to Animals” (landlord-tenant code, security deposit); SB 1116 “Relating to Definition of Public Housing Project”; SB 319 “Relating to thrill-craft” (use of thrill-craft in ocean clean-up); and SB 454 “Relating to Water Conservation” (gray water irrigation).

February 8: Senate Floor Session, Day 15: The State Senate passed 3 bills on Third Reading. This included HB 26 HD1 “Making appropriations to provide for the expenses of the Legislature, Auditor, the Legislative Reference Bureau, the Ombudsman and the Ethics Commission.” This is the first bill that crossed over from the house to be approved by the senate this year. The bill now awaits the approval of the Governor.

Reports from the Field

The House of Representatives committees on Water and Land (WAL) and Finance (FIN) committees passed HB 1133 to repeal the Public Land Development Corporation (PLDC) on February 11. In the Senate, the Economic Development, Government Operations & Housing committee (EGH) as well as the Water & Land (WTL) committee voted to pass an amended version of SB 707 out as an SD1 in which the PLDC is also repealed. Senator Slom supports legislation to repeal the PLDC.

New Tax on Sugary Beverages Pass: The Senate Health (HTH) committee passed SB 1085  which “imposes a fee on sugar-sweetened beverages. Establishes the Obesity Prevention Special Fund to support obesity prevention programs.” In a nutshell this is a new tax on every ounce of any sugary drink purchased by consumers. Senator Slom who opposes all new taxes and the creation of new special funds was the only Senator in the committee to vote against this new tax. The Senator will continue to oppose this bill and the tax as it moves to WAM and third reading votes.

In the Transportation Committee hearing yesterday (Feb. 11) Senator Slom also voted against the red light camera proposal (SB 693) that would allow a camera to take a picture of drivers and car license plates as they cross intersections against red lights. Senator Slom also voted against this bill 2 more times in the Public Safety (PSM) and Technology & Arts (TEC) committee since all 3 committees were at a combined hearing.

Top Photo: Senator Sam Slom commenting at the Senate TIA Hearing.

Firearms, Sugary Drinks Tax, Property Acquisition, Floor Actions and More.

Senator Slom met with Max Cooper and Dan Reid to discuss Second Amendment issues and legislation that may impact firearm owners this session. This year several bills are on the docket that will limit second amendment rights if they should become law. Among them are SB 69, SB 219, SB 932, SB 628, SB 2, and SB 36. There are dozens more. Senator Slom is a staunch supporter of the Second Amendment and is a trustee of the Second Amendment Foundation.

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Floor Actions

Floor Session, Day 12: More bills passed 2nd reading.

Floor Session, Day 13: SB 995 passed third reading; 25-0

Floor Session, Day 14: The Senate passed SB 54 on third reading, which “allows the policy advisory board for elder affairs to recommend to the governor to honor non ex officio members by lifetime membership, which includes all the rights and privileges of a non ex officio member, upon approval by all regular members of the board. ” While the bill passed with a vote of 23 – 0, Senators Slom and Solomon both voted WR or “with reservations”. The Senate also passed SB 44 on third reading with a 23 – 0 vote.

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FROM THE FIELD: Hearing Summaries

Senate Health Committee (HTH): SB 1085: Imposes a fee on sugar-sweetened beverages. Establishes the Obesity Prevention Special Fund to support obesity prevention programs.

Testimony from members of the Obseity Task Force and the medical community were largely in favor of the bill. Retailers, restauranteurs and beverage firms are against the bill and see it as a new tax.

Victor Lim of McDonalds’ Hawaii testified that it would be difficult to figure out what is included in “sugary beverage”. He also expressed concerns about new business owners having trouble with the paperwork associated with the tax. Representatives from a Hawaii company who makes cans also expressed concerns about the impact the tax would have on more than 1300 jobs. The Governor was not present at the hearing. - Noelani Bonafacio

Photo above: Senator Slom had some questions for Loretta Fuddy concerning the tax on sugary drinks and the findings linking obesity to them. Like all other new tax bills that have come before, Senator Slom will be voting “no” on this bill.

Photo below: The Heatlh committee hearing was packed on the sugary drinks tax bill.

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Senate Water & Land Committee (WLT): SB 894 – Land Acquisition – Turtle Bay Hilton Hotel properties: Of the testimony submitted, 243 were in Support and 23 were in Opposition. However many of those who attended the hearing were in opposition. Although I did notice that many were employees. They expressed that Turtle Bay has given North Shore residents jobs and recreational opportunities. The opponents of the bill stated that they’ve been deceived before and that the development plan was misleading, in terms of traffic and the size of their development. Senator Solomon was concerned that the disagreement between Turtle Bay and Defend O’ahu Coalition was not the State Senate’s issue to resolve, but the City and County’s. However, the chair of the WTL committee allowed the bill to move forward to allow continued discussion. (Passed with amendments 4 – 0; 3 excused; Senator Slom voted in the affirmative). – NB