March Legislative Survey Results
1
Allow for law enforcement to give court appearance citations instead of arrests for petty misdemeanors, misdemeanors, and violations, expand pretrial release requirements and allow the court to order substance abuse assessment and treatment prior to trial.
HB1336 is dead for the session. This was a multipart bill that required more time for our office to analyze. While the Honolulu Police Department supported Part 1, to issue citations in lieu of arrests, concerns were raised by many on other sections included in this bill. The bill attempts to address concerns regarding prison overcrowding and the effects of incarceration on individuals by reforming statutes involving court appearances, arrests, pretrial release, and bail. After researching this issue and consulting with other agencies, I am concerned about the effects these changes may have on public safety and our community. Given the crime trends in our district, I was prepared to vote no on this bill but HB1336 failed to move forward once it reached the Senate.
2
Update Hawaii's firearms law to prohibit concealed weapons in sensitive places such as schools, medical facilities, public transit, and government buildings.
SB1230 is the remaining measure still alive that would prohibit firearms in certain locations and premises. According to the Attorney General's testimony, since 1852—Hawaiʻi has protected public health and safety by carefully limiting who may carry guns in public. Due to Hawaii's system of discretionary licenses, evaluated by the police department, the practice of carrying concealed weapons was never a common practice in the State. Due to the 2022 U.S. Supreme Court Bruen decision, discretionary licensing would no longer be allowed in Hawaii moving forward. The Supreme Court stated that the Second Amendment requires that state law must provide clear and objective criteria for when licenses to carry firearms in public will be granted. Thus, the Bruen decision will result in a significant increase in the presence of firearms carried in public spaces, more than ever before in our State's history. While I support safe and responsible gun ownership, I believe that this measure is necessary for the protection of public health and safety and I voted in support of SB1230.
Specifically this bill would:
- Prohibit carrying or possessing a firearm in certain sensitive locations;
- Require a person stopped by a law enforcement officer to inform the law enforcement officer if they are carrying a concealed firearm;
- Prohibit leaving an unsecured firearm in a vehicle unattended;
- Prohibit people carrying a firearm from consuming alcohol, consuming a controlled substance, being under the influence of alcohol, or being under the influence of a controlled substance;
- Prohibit carrying or possessing a firearm on private property open to the public without authorization;
- Require the Department of the Attorney General to publish an annual report regarding licenses to carry firearms;
- Revise, clarify, and focus Hawaii's mental-health disqualification for firearms possession;
- Protect public safety by ensuring that firearms are not possessed or carried by those who lack the essential character or temperament necessary to be entrusted with a firearm;
- Add new education and training requirements for applicants for a license to carry a firearm in public;
- Clarify that when a permit to acquire a firearm or a license to carry a firearm is denied, the applicant should be given reasons for the denial and will have a right to a contested case hearing;
- Prohibit a person carrying a firearm in public pursuant to a license from carrying more than one firearm on their person at one time;
- Disqualify individuals who have been convicted of a violent misdemeanor crime or a crime relating to firearms from possessing firearms for 20 years following the conviction and maintain Hawaii's lifetime prohibition on possessing firearms for persons convicted of a felony; and
- Adjust certain regulatory fees relating to firearms.
3
Uphold reproductive rights in Hawaiʻi to protect an individual's bodily autonomy and their right to choose when to start a family (Roe v. Wade protections).
SB1 was signed into law by the Governor on March 22, 2023. In 1970, Hawaii became the first state in the nation to legalize abortion. In 1978, the Hawaii State Constitutional Convention proposed, and the electorate approved, an amendment to explicitly codify the right to privacy in article I, section 6, of the Hawaii State Constitution. In 2006, the legislature passed Act 35, which established that the State shall not deny or interfere with a pregnant person's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect a pregnant person's life or health.
I supported SB1 because I believe that the decision on when to start a family should not be made by a politician. I believe that women do not have a responsibility to have children, and that they do not assume this responsibility just by deciding to have sex, or when sex is forced on them. SB1, Act 2, does not make it illegal for children to communicate with their parents or guardians when they feel that is is safe to do. This law protects those who do not belong in a safe and supportive environment, or whose life may be at risk. Without these protections, individuals put their lives at risk when they seek unsafe abortions. Having safe and accessible reproductive care is necessary for the protection of public health.
4
Allow liquor licensees engaged in meal service to sell unopened beer, wine, and prepackaged cocktails with food for pick-up or delivery.
HB17 is dead for the session. This measure would have continued to allow "alcoholic beverages to go" that was permitted during the pandemic. Testimony from the various county liquor commissions indicated general support and confirmed their ability to enforce this activity. Public health advocates opposed this measure stating that it had the potential to increase underage drinking could be an expense to public health. Further, multiple food and beverage operators opposed the section that would subject the operators to being approved or denied at-will by the liquor commission.
5
Legalize recreational use of cannabis (marijuana) for adults.
There were multiple bills relating to adult-use cannabis this year. The main measure, SB669 is dead for the session. While it passed the Senate, it did not receive a hearing in the House. SB669 would allow for the personal use of small amounts of cannabis, and establish regulations regarding the cultivation, sale, and use of cannabis.
While the Department of Health testified that amendments made to SB669 included a strong regulatory structure, the department as well as the Department of the Attorney General felt that not enough protections have been established relating to community safety, protection of minors, and enforcing laws against unlicensed cannabis operators.
Supporters say that consumers' demand for cannabis will only continue to grow, so the legalization is not a matter of if it will happen, but when. I believe the House intends to form a task force over the summer to analyze these issues further, and I have been asked to join this task force.