HB2049

SECTION 1. Section 15-13.5, Hawaii Revised Statutes, is amended to read as follows:

"§15-13.5 Eligibility of voter after absentee ballot cast. The absentee ballot of any voter who was eligible to vote at the time the ballot was cast shall not be deemed invalid solely because the voter became ineligible to vote after casting the ballot. For the purposes of this section, "cast" means that the voter has:

(1) Deposited the absentee ballot in the mail for ballots mailed in accordance with section [~~15-9(a)(1);~~] 15-9;

(2) Delivered the absentee ballot to the appropriate county clerk or polling place in accordance with section 15-9; or

(3) Completed voting in person at an absentee polling place."

SECTION 2. Section 23-78, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) This section shall apply to the following:

(1) Section 237-24.7(1)--Amounts received by hotel operators and hotel suboperators for employee wages and fringe benefits;

(2) Section 237-24.7(2)--Amounts received by a county transportation system operator under a contract with the county;

(3) Section 237-24.7(4)--Amounts received by orchard property operators for employee wages and fringe benefits;

(4) Section 237-24.7(6)--Amounts received from insurers for damage or loss of inventory of businesses located in a natural disaster area;

(5) Section 237-24.7(7)--Amounts received by community organizations, school booster clubs, and nonprofit organizations for precinct and other election-related activities;

(6) Section 237-24.7(8)--Interest received by persons domiciled outside the State from trust companies acting as payment agents or trustees on behalf of issuers or payees of interest-bearing instruments or obligations;

(7) Section 237-24.7(9)--Amounts received by management companies from related entities engaged in interstate or foreign common carrier telecommunications services for employee wages and fringe benefits; and

(8) Section 237-24.7(10)--Amounts received from [~~high~~] technology research and development grants."

SECTION 3. Section 107-27, Hawaii Revised Statutes, is amended to read as follows:

"§107-27 Design of state buildings. (a) No later than one year after the adoption of codes or standards pursuant to section 107-24(c), the design of all state building construction shall be in compliance with the Hawaii state building codes, except state building construction shall be allowed to be exempted from:

(1) County codes that have not adopted the Hawaii state building codes;

(2) Any county code amendments that are inconsistent with the minimum performance objectives of the Hawaii state building codes or the objectives enumerated in this part; or

(3) Any county code amendments that are contrary to code amendments adopted by another county.

(b) Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.

[~~(c) The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge.~~]"

SECTION 4. Section 201B-12, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"§201B-12 Exemption of authority from taxation [~~and Hawaii public procurement code~~]."

SECTION 5. Section 206M-24, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) For the purposes of this section:

"Grant" means financial assistance provided to Hawaii small business innovation research, small business technology transfer, and other agency and private sector awardees and applicants under the terms and conditions provided in this chapter.

"Hawaii small business innovation research", "small business technology transfer", and "sustainable aviation fuel program" means the programs administered by the development corporation to encourage participation by enterprises in federal research and development programs.

"Other agency" means an entity that receives an award or contract granted by the United States Departments of Agriculture, Transportation, Energy, Defense, or Commerce, or other federal agencies for activities consistent with those defined in this section.

"Small business" shall have the same meaning as in section 201M-1.

"Sustainable aviation fuel" means [~~American Society for Testing and Materials~~] ASTM International D7566-compliant renewable aviation turbine fuel derived from biofuels, as defined in section 269‑91, and with a greenhouse gas lifecycle carbon intensity lower than the baseline for jet fuel defined by the International Civil Aviation Organization."

SECTION 6. Section 249-1, Hawaii Revised Statutes, is amended by amending the definition of "moped" to read as follows:

""Moped" means a device upon which a person may ride that has [~~two~~]:

(1) Two or three wheels in contact with the ground[~~, a~~];

(2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with [~~the Society of Automotive Engineers~~] SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the device, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and [a]

(3) A direct or automatic power drive system[~~, which~~] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.

"Moped" does not include an electric foot scooter."

SECTION 7. Section 286-2, Hawaii Revised Statutes, is amended by amending the definition of "moped" to read as follows:

""Moped" means a device upon which a person may ride that has [~~two~~]:

(1) Two or three wheels in contact with the ground[~~, a~~];

(2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with [~~the Society of Automotive Engineers~~] SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and [a]

(3) A direct or automatic power drive system[~~, which~~] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.

"Moped" does not include an electric foot scooter."

SECTION 8. Section 291C-1, Hawaii Revised Statutes, is amended by amending the definition of "moped" to read as follows:

""Moped" means a device upon which a person may ride that has [~~two~~]:

(1) Two or three wheels in contact with the ground[~~, a~~];

(3) A direct or automatic power drive system[~~, which~~] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.

"Moped" does not include an electric foot scooter."

SECTION 9. Section 291C-202, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every moped offered for sale for use upon, sold for use upon, or used upon the roadways and highways shall be equipped with:

(1) A motor having a maximum power output capability, measured at the motor output shaft, in accordance with [~~the Society of Automotive Engineers~~] SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and [~~which~~] that will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; provided that those mopeds, including those modified pursuant to section 291C-206, registered prior to April 23, 1998, shall continue to be subject to the prior thirty-five miles per hour maximum speed limitation; and

(2) A direct or automatic power drive system [~~which~~] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit."

SECTION 10. Section 291J-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) During the first thirty days of operation of an individual photo red light imaging detector system at a particular traffic signal, a warning shall be issued for any violation of section 291C-32(c) and mailed to the registered owner of the motor vehicle at the address on record [as] at the vehicle licensing division in lieu of a summons or citation pursuant to section 291J-6."

SECTION 11. Section 302A-1151.1, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) There shall be established within the school facilities authority a pilot program for the lease of public school land, including facilities. The school facilities authority, in consultation with [~~the school facilities authority and~~] any other appropriate agency, shall serve as the facilitator of the pilot program."

2. By amending subsection (d) to read:

"(d) Nothing in this section shall preclude the school facilities authority from working with and receiving assistance from any other [~~school facilities authority~~] department or agency in carrying out the purposes of this section."

SECTION 12. Section 350-1, Hawaii Revised Statutes, is amended by amending the definitions of "severe forms of trafficking in persons" and "sex trafficking" to read as follows:

""Severe forms of trafficking in persons" has the same meaning as provided in title 22 United States Code Annotated section [~~7102(9).~~] 7102.

"Sex trafficking" has the same meaning as provided in title 22 United States Code Annotated section [~~7102(10).~~] 7102."

SECTION 13. Section 445-111, Hawaii Revised Statutes, is amended to read as follows:

"§445-111 Definitions. As used in this chapter:

[~~(1)~~ ~~"Outdoor advertising device" means any device which is:~~

~~(A)~~ A writing, picture, painting, light, model, display, emblem, sign, or similar device situated outdoors, which is so designed that it draws the attention of persons in any public highway, park, or other public place to any property, services, entertainment, or amusement, bought, sold, rented, hired, offered, or otherwise traded in by any person, or to the place or person where or by whom such buying, selling, renting, hiring, offering, or other trading is carried on;

~~(B)~~ ~~A sign, poster, notice, bill, or word or words in writing situated outdoors and so designed that it draws the attention of and is read by persons in any public highway, park, or other public place; or~~

~~(C)~~ A sign, writing, symbol, or emblem made of lights, or a device or design made of lights so designed that its primary function is not giving light, which is situated outdoors and draws the attention of persons in any public highway, park or other public place.

~~(2)~~] "Billboard" [is] means any board, fence, or similar structure, whether free-standing or supported by or placed against any wall or structure, [~~which~~] that is designed or used for the principal purpose of having outdoor advertising devices placed, posted, or fastened upon it.

[~~(3) Any person who, by oneself or through any agent or independent contractor, maintains~~] "Displaying an outdoor advertising device" includes any of the following:

(1) Maintaining or [~~displays~~] displaying any outdoor advertising device[~~, or any person who knowingly causes~~] by oneself or through any agent or independent contractor;

(2) Knowingly causing any outdoor advertising device advertising [~~the person's~~] one's own products, merchandise, or services to be displayed by oneself or any agent or independent contractor; [~~or any person who, being~~] or

(3) In the case of any person in possession of any land, building, or part of a building, [~~permits~~] permitting any outdoor advertising device on the land, building, or part of a building[~~, shall be deemed to be displaying an outdoor advertising device~~].

[~~(4) Any person, who, by oneself or through any agent or independent contractor, erects or maintains~~] "Maintaining a billboard" includes any of the following:

(1) Erecting or maintaining a billboard, or [~~places~~] placing any outdoor advertising device upon a billboard, [~~or any person who knowingly causes any of the person's~~] by oneself or through any agent or independent contractor;

(2) Knowingly causing any of one's own products, merchandise, or services to be advertised upon a billboard by oneself or through any agent or independent contractor; or

(3) In the case of any person [~~who, being~~] in possession of any land, building, or part of a building, knowingly [~~permits~~] permitting a billboard to be erected or to remain on the land, building, or part of a building[~~, shall be deemed to be maintaining a billboard~~].

"Outdoor advertising device" means any device that is:

(1) A writing, picture, painting, light, model, display, emblem, sign, or similar device situated outdoors, that is designed in a manner that draws the attention of persons in any public highway, park, or other public place to any property, service, entertainment, or amusement bought, sold, rented, hired, offered, or otherwise traded in by any person, or to the place or person where or by whom the buying, selling, renting, hiring, offering, or other trading is carried on;

(2) A sign, poster, notice, bill, or word or words in writing situated outdoors and designed in a manner that draws the attention of and is read by persons in any public highway, park, or other public place; or

(3) A sign, writing, symbol, or emblem made of lights, or a device or design made of lights, designed so that its primary function is not giving light, and that is situated outdoors and draws the attention of persons in any public highway, park, or other public place."

SECTION 14. Section 486-7, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The specifications, tolerances, and other technical requirements for measuring devices and the uniform laws and regulations as adopted by the National Conference on Weights and Measures, recommended and published by the National Institute of Standards and Technology and adopted[,] or amended and adopted by the board pursuant to chapter 91, shall be the basis for measurement standards in the State. In addition, the board, pursuant to chapter 91, may adopt or amend and adopt any other measurement standard established by the National Institute of Standards and Technology, [~~the American Society for Testing and Materials,~~] ASTM International, the American National Standards Institute, the International Organization of Legal Metrology, the International Bureau of Weights and Measures, and [~~the Society of Automotive Engineers,~~] SAE International, among others."

SECTION 15. Section 486-56, Hawaii Revised Statutes, is amended to read as follows:

"§486-56 Adoption of standards and rules. The standards as published by [~~the American Society for Testing and Materials (ASTM)~~] ASTM International and [~~the Society of Automotive Engineers (SAE)~~] SAE International are adopted except as amended or modified by rule of the board pursuant to chapter 91. The board may also adopt rules on the advertising, labeling, standards for, handling, storing, dispensing, and selling of petroleum products. Notwithstanding the foregoing, rules adopted by the board referring to ASTM D4814, relating to standard specification for automotive spark-ignition engine fuel, shall be deemed to refer to version ASTM D4814-13b adopted in 2013, as modified by the National Institute of Standards and Technology Handbook 130, part IV, subpart G, section 2.1 adopted in 2013."

SECTION 16. Section 706-606.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Notwithstanding section 706-669 and any other law to the contrary, any person convicted of murder in the second degree, any class A felony, any class B felony, or any of the following class C felonies:

(a) Section 134-7 relating to persons prohibited from owning, possessing, or controlling firearms or ammunition;

(b) Section 134-8 relating to ownership, etc., of certain prohibited weapons;

(d) Section 188-23 relating to possession or use of explosives, electrofishing devices, and poisonous substances in state waters;

(e) Section 386-98(d)(1) relating to fraud violations and penalties;

(f) Section 431:2-403(b)(2) relating to insurance fraud;

(g) Section 707-703 relating to negligent homicide in the second degree;

(h) Section 707-711 relating to assault in the second degree;

(i) Section 707-713 relating to reckless endangering in the first degree;

(j) Section 707-716 relating to terroristic threatening in the first degree;

(k) Section 707-721 relating to unlawful imprisonment in the first degree;

(l) Section 707-732 relating to sexual assault in the third degree;

(m) Section 707-752 relating to promoting child abuse in the third degree;

(n) Section 707-757 relating to electronic enticement of a child in the second degree;

(o) Section 707-766 relating to extortion in the second degree;

(p) Section 708-811 relating to burglary in the second degree;

(q) Section 708-821 relating to criminal property damage in the second degree;

(r) Section 708-831 relating to theft in the second degree;

(s) Section 708-835.5 relating to theft of livestock;

(t) Section 708-836 relating to unauthorized control of a propelled vehicle[;] in the first degree;

(u) Section 708-839.55 relating to unauthorized possession of confidential personal information;

(v) Section 708-839.8 relating to identity theft in the third degree;

(w) Section 708-852 relating to forgery in the second degree;

(x) Section 708-854 relating to criminal possession of a forgery device;

(y) Section 708-875 relating to trademark counterfeiting;

(z) Section 710-1071 relating to intimidating a witness;

(aa) Section 711-1103 relating to riot;

(bb) Section 712-1221 relating to promoting gambling in the first degree;

(cc) Section 712-1224 relating to possession of gambling records in the first degree;

(dd) Section 712-1247 relating to promoting a detrimental drug in the first degree; or

(ee) Section 846E-9 relating to failure to comply with covered offender registration requirements,

or who is convicted of attempting to commit murder in the second degree, any class A felony, any class B felony, or any of the class C felony offenses enumerated above and who has a prior conviction or prior convictions for the following felonies, including an attempt to commit the same: murder, murder in the first or second degree, a class A felony, a class B felony, any of the class C felony offenses enumerated above, or any felony conviction of another jurisdiction, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole as provided in subsection (2)."

SECTION 17. Act 173, Session Laws of Hawaii 2021, is amended by amending section 3 to read as follows:

"SECTION 3. This Act shall take effect upon its approval [~~and shall be repealed~~]; provided that on June 30, 2025[.], this Act shall be repealed and section 302L-1.6(c), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act."

SECTION 18. Act 1, Special Session Laws of Hawaii 2021, is amended by amending section 25 to read as follows:

"SECTION 25. This Act shall take effect on July 1, 2021; provided that [~~parts~~]:

(1) Parts VI and VII of this Act shall take effect on January 1, 2022[.];

(2) The amendments made to section 87A-42, Hawaii Revised Statutes, in section 8 of this Act shall take effect upon the reenactment of that section on June 30, 2023, pursuant to section 9 of Act 229, Session Laws of Hawaii 2021; and

(3) The amendments made to section 237D-6.5(b), Hawaii Revised Statutes, in section 13 of this Act shall not be repealed when that subsection is reenacted on June 30, 2023, pursuant to section 9 of Act 229, Session Laws of Hawaii 2021."

SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 20+. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2049
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII