acu foundation's ratings of hawaii...

TABLE OF CONTENTS

Letter from the Chairman .......................................................2

Selecting the Votes .......................................................................3

2019 Winners & Losers ................................................................4

Hawaii Senate Statistics ............................................................5

Hawaii Senate Scores ................................................................. 6

Hawaii Senate Vote Descriptions ..................................... 8

Hawaii House Statistics ............................................................15

Hawaii House Scores..................................................................16

Hawaii House Vote Descriptions ......................................19

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HAWAII2019

ACU FOUNDATION'S RATINGS ofHAWAII2019

ACU FOUNDATION'S RATINGS of

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ACU FOUNDATION'S Ratings of Hawaii 2019 | CENTER FOR LEGISLATIVE ACCOUNTABILITY

Dear Fellow Conservative,

The American Conservative Union Foundation’s Center for Legislative Accountability is proud to present our Ratings of the Hawaii Legislature for 2019. Like our Ratings of Congress, which date back 48 years, ACU Foundation’s Ratings of the States are meant to reflect how elected officials view the role of government in an individual’s life. We begin with our philosophy (conservatism is the political philosophy that sovereignty resides in the person) and then apply the correct purpose of government (its essential role is to defend Life, Liberty and Property).

As a 501(c)(3) educational endeavor, these Ratings serve as a retrospective analysis to explain to voters, the media, scholars and activists how consistently lawmakers apply conservative principles when casting votes. ACU Foundation evaluates over 100,000 bills and ultimately selects around 2,000 bills to produce scorecards for Congress and all 50 states.

Our American Experiment in self-governance depends on our ability as citizens to evaluate whether our elected officials implement policies that help people live happier, healthier, more productive lives. ACU Foundation’s Ratings of the States equips citizens with clear and effective analysis to hold the nation’s 8,000 lawmakers accountable for their votes.

The Left has renewed its commitment to advance socialism in their zeal to fundamentally transform America. With such an important fight ahead, it’s never been more important for our elected officials to understand the proper role of government and for Americans to defend our conservative values and take action to preserve liberty.

Matt Schlapp Chairman American Conservative Union Foundation

LETTER FROM THE CHAIRMAN

TO SEE MORE ACU RATINGS, PLEASE VISIT: conservative.org/ratings

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CENTER FOR LEGISLATIVE ACCOUNTABILITY | ACU FOUNDATION'S Ratings of Hawaii 2019

SELECTING THE VOTES

ACU Foundation researched and selected a range of bills before the Hawaii legislature that determine a member’s adherence to conservative principles. We selected bills that focus on Ronald Reagan’s philosophy of the “three-legged stool”: 1) fiscal and economic: taxes, budgets, regulation, spending, healthcare, and property; 2) social and cultural: 2nd amendment, religion, life, welfare, and education; and 3) government integrity: voting, individual liberty, privacy, and transparency. This wide range of issues are designed to give citizens an accurate assessment that conveys which of Hawaii’s elected leaders best defend the principles of a free society: Life, Liberty and Property.

Matt Schlapp Chairman Charlie Gerow Vice ChairmanCarolyn D. Meadows 2nd Vice ChairBob Beauprez Treasurer

Ron Christie SecretaryEd Yevoli At-LargeDan Schneider Executive Director

ACUExecutive Committee

Jackie ArendsLarry BeasleyKimberly BellissimoMorton C. BlackwellJamie BurkeMuriel ColemanSean FielerSander GerberAlan M. GottliebVan D. Hipp, Jr.Dr. M. Zuhdi JasserKT McFarland

Jim McLaughlinPriscilla O’ShaughnessyRon RobinsonMike RoseTim RyanPeter SamuelsonTerry SchillingMatt SmithChris TurnerBill WaltonThomas Winter

Board Members

ACUFExecutive Committee

Matt Schlapp ChairmanMillie Hallow Vice ChairVan D. Hipp, Jr. TreasurerKimberly Bellissimo Secretary Dan Schneider Executive Director

Board Members

Veronica Birkenstock Gordon ChangJonathan GarthwaiteCharlie GerowNiger InnisAdam LaxaltWilles K. LeeCarolyn D. MeadowsRandy NeugebauerThomas Winter

THE CENTER FOR LEGISLATIVE ACCOUNTABILITY

Fred McGrath, DirectorLuke Schneider, Public Affairs & Policy AnalystFrancis Finnegan, Data Manager

Larry Hart, Senior Policy FellowThomas Bradbury, Policy AnalystAbby Draiss, Policy FellowJonathan Moy, Policy Fellow

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2019 WINNERS & LOSERS

SENATE

n/a

90-100% AWARD FOR CONSERVATIVE EXCELLENCE

HOUSE

n/a

Republicans in ALL CAPS, Democrats in initial caps, asterisk indicates Independents/Libertarians/other

80-89% AWARD FOR CONSERVATIVE ACHIEVEMENT

SENATE

n/a

HOUSE

n/a

10% COALITION OF THE RADICAL LEFT≤

SENATE

n/a

HOUSE

n/a

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HAWAII SENATE STATISTICS

21%OVERALL AVERAGE

FEVELLA, KURT 28%

LOWEST REPUBLICAN

28%REPUBLICAN AVERAGE

21%DEMOCRAT AVERAGE

RIVIERE, GIL31%

HIGHEST DEMOCRAT

HAWAII SENATE CONSERVATIVE RATINGS

RED = REPUBLICANS BLUE = DEMOCRATS

# OF STATE

SENATORS

2019 ACUF PERCENTAGE

90-100%0-9% 10-19% 30-39% 40-49% 50-59% 60-69% 70-79% 80-89%20-29%0

3

6

9

12

15

6


HAWAII SENATE SCORES

HAWAII SENATE VOTE DETAILACU Foundation Position N N N Y N N N N N N N N N Y N N N N N Y N N Y N Y N N N N

Party Dist.2019

%2018

%LIFETIME

AVG

SB 1361

HB

68

HB

712

HB

748

HB

100

9

HB

1192

SB 10

33

SB 60

0

SB 1466

SB 549

SB 988

HB

34

HB

157

HB

323

HB

452

HB

710

HB

1248

HB

1585

SB 390

SB 40

9

SB 522

SB 693

SB 767

SB 770

SB 772

SB 10

02

SB 1223

SB 1394

SB 140

5

Baker, Rosalyn D 6 17% 11% 16% - - - + - - - - - - - - - + - - - - - + - - + - + - - - -

Chang, Stanley D 9 21% 5% 15% - - + + - - x - - - - - - + - - - - - + - - + - + - - - -

Dela Cruz, Donovan D 22 21% 5% 16% - - + + - - - - - - - - - + - - - - - + - - + - + - - - -

English, Jamie Kalani D 7 21% 11% 17% - - + + - - - - - - - - - + - - - - - + - - + - + - - - -

FEVELLA, KURT R 19 28% n/a 28% - - + + - - - + + - - - - + - - - - - + - - + - + - - - -

Gabbard, Mike D 20 28% 16% 25% - - - + - - + + + - - - - + - - - - - + - - + - + - - - -

Harimoto, Breene D 16 22% 7% 20% x - - + - - x + - - - - - + - - - - - + - - + - + - - - -

Ihara Jr., Les D 10 21% 11% 18% - - + + - - x - - - - - - + - - - - - - - - + + + - - - -

Inouye, Lorraine D 4 21% 5% 18% - - + + - - - - - - - - - + - - - - - + - - + - + - - - -

Kahele, Kaiali'I D 1 17% 5% 18% - - - + - - - - - - - - - + - - - - - + - - + - + - - - -

Kanuha, Dru D 3 21% n/a 21% - - + + - - - - - - - - - + - - - - - + - - + - + - - - -

Keith-Agaran, Gilbert D 5 17% 5% 15% - - - + - - - - - - - - - + - - - - - + - - + - + - - - -

Keohokalole, Jarrett D 24 21% 13% 17% - - + + - - - - - - - - - + - - - - - + - - + - + - - - -

Kidani, Michelle D 18 21% 5% 15% - - + + - - - - - - - - - + - - - - - + - - + - + - - - -

+ = Member voted with ACU’s position- = Member voted against ACU’s positionx = Member was absent for vote

† = Legislator did not vote on enough of the selected bills and as a result did not receive a rating for the 2019 session. Two-thirds of the selected bills must be voted on to receive a score.R = Republican D = Democrat I = Independent

• SB 1361 Increasing Government Theft by Expanding the Estate Tax.

• HB 68 Interfering with Private Contract Rights in Warranties.

• HB 712 Disenfranchising Voters by Mandating Presidential Candidates Disclose their Tax Returns.

• HB 748 Strengthening Property Rights by Prohibiting Asset Forfeiture Absent a Criminal Conviction.

• HB 1009 Imposing Additional Excessive “Open Captioning” Mandates on Movie Theaters.

• HB 1192 Subjecting Employers to Lawsuit Abuse by Expanding Onerous Labor Mandates.

• SB 1033 Raising Home Birth Costs and Reducing Employment Opportunities by Creating a Licensing Regime for Midwives.

• SB 600 Infringing Second Amendment Rights by Creating Additional Restrictions for Individuals under Age 21.

• SB 1466 Seizing Firearms without Due Process. • SB 549 Dictating Children’s Beverage Offerings at

Restaurants. • SB 988 Expanding Cronyism by Subsidizing

Renewable Energy Developers. • HB 34 Increasing Taxpayer Costs by Expanding

Prevailing Wage Mandates. • HB 157 Empowering Union Bosses Following the

Janus v. AFSCME U.S. Supreme Court Decision. • HB 323 Strengthening Private Property Rights by

Easing Restrictions on Historic Military Vehicles. • HB 452 Socializing the Electricity Costs of Select

Farmers. • HB 710 Infringing Religious Liberty by Invalidating

Employment Agreements which Prohibit Abortion.

• HB 1248 Eroding Election Integrity by Mandating a Full-Scale Conversion to a Universal Vote-by-Mail System.

• HB 1585 Socializing the Cost of Charging Stations for Electric Vehicle Owners.

• SB 390 Subsidizing Farmers through Food Stamps.• SB 409 Ensuring Equal Taxation of Motor Vehicle

Transportation. • SB 522 Advancing a Politicized Environmental

Agenda by Establishing a Working Group Tasked with Devising Product Bans.

• SB 693 Penalizing Pedestrians with Additional Costly Fines by Transforming the Meaning of Crosswalk Countdowns.

• SB 767 Increasing Employment Opportunities by Expanding Exemptions from Onerous Occupational Licensing Restrictions for Handymen.

• SB 770 Harming Employment Opportunities by Adding Another Barrier to Obtain a Real Estate License.

• SB 772 Fostering Economic Growth by Easing Restrictions on the Sale of Draft Beer.

• SB 1002 Further Indebting Taxpayers to Advance a Politicized Global Warming Agenda.

• SB 1223 Further Expanding “Affordable” Housing and Socializing the Costs through Tax Credits to Select Developers.

• SB 1394 Expanding Cronyism through a New Income Tax Credit Program for Historic Properties.

• SB 1405 Distracting Teachers from Educating Students by Imposing Duties to Enforce Electronic Cigarette Bans in School.

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HAWAII SENATE VOTE DETAILACU Foundation Position N N N Y N N N N N N N N N Y N N N N N Y N N Y N Y N N N N

Party Dist.2019

%2018

%LIFETIME

AVG

SB 1361

HB

68

HB

712

HB

748

HB

100

9

HB

1192

SB 10

33

SB 60

0

SB 1466

SB 549

SB 988

HB

34

HB

157

HB

323

HB

452

HB

710

HB

1248

HB

1585

SB 390

SB 40

9

SB 522

SB 693

SB 767

SB 770

SB 772

SB 10

02

SB 1223

SB 1394

SB 140

5

Kim, Donna Mercado D 14 17% 5% 17% - - + + - - - - - - - - - + - - - - - - - - + - + - - - -

Kouchi, Ronald D 8 17% 5% 14% - - - + - - - - - - - - - + - - - - - + - - + - + - - - -

Moriwaki, Sharon D 12 21% n/a 21% - - + + - - - - - - - - - + - - - - - + - - + - + - - - -

Nishihara, Clarence D 17 17% 5% 15% - - - + - - - - - - - - - + - - - - - + - - + - + - - - -

Rhoads, Karl D 13 17% 5% 14% - - - + - - - - - - - - - + - - - - - + - - + - + - - - -

Riviere, Gil D 23 31% 21% 29% + - + + - - - + - + - - - + - - - - - + - - + - + - - - -

Ruderman, Russell D 2 21% 5% 19% - - - + - - - - - - - - - + - - - - - - - + + + + - - - -

Shimabukuro, Maile D 21 24% 5% 16% - - + + - - + - - - - - - + - - - - - + - - + - + - - - -

Taniguchi, Brian D 11 17% 5% 14% - - - + - - - - - - - - - + - - - - - + - - + - + - - - -

Thielen, Laura D 25 25% 5% 23% - - + + - - x - - - - - - + - - - - - - - + + + + - - - -

Wakai, Glenn D 15 21% 11% 18% - - + + - - - - - - - - - + - - - - - + - - + - + - - - -








• HB 1192 Subjecting Employers to Lawsuit Abuse by Expanding Onerous Labor Mandates.



• SB 1466 Seizing Firearms without Due Process. • SB 549 Dictating Children’s Beverage Offerings at

Restaurants. • SB 988 Expanding Cronyism by Subsidizing

Renewable Energy Developers. • HB 34 Increasing Taxpayer Costs by Expanding

Prevailing Wage Mandates. • HB 157 Empowering Union Bosses Following the

Janus v. AFSCME U.S. Supreme Court Decision. • HB 323 Strengthening Private Property Rights by

Easing Restrictions on Historic Military Vehicles. • HB 452 Socializing the Electricity Costs of Select





• SB 390 Subsidizing Farmers through Food Stamps.• SB 409 Ensuring Equal Taxation of Motor Vehicle

Transportation. • SB 522 Advancing a Politicized Environmental

Agenda by Establishing a Working Group Tasked with Devising Product Bans.









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1. SB 1361 Increasing Government Theft by Expanding the Estate Tax. This bill results in government seizing even more assets belonging to families who lost a relative or loved one by further hiking the state’s estate tax, now tied for the highest in the nation (Washington state). Under previous law, every family in Hawaii is subject to the estate tax which ranges between 10% and 15.7% based on the value of the estate. Under this bill, all estates valued at $10 million or more are now subject to a 20% tax rate as opposed to the 15.7% rate. The Hawaii estate tax is in addition to the federal estate tax which is as high as 40%. ACU recognizes the estate tax is double taxation as an individual’s assets have already been taxed during the taxpayer’s lifetime. ACU further recognizes the estate tax has catastrophic economic implications, oftentimes forcing businesses to be sold, thus transferring resources from being used most effectively in the private sector to the least efficient institution (government). ACU has long opposed the estate tax, supports the complete abolition of this tax which has devastating impacts on families and the economy and opposed this bill. The Senate passed the bill on March 5, 2019 by a vote of 23-1 and the bill was signed into law.

2. HB 68 Interfering with Private Contract Rights in Warranties. This bill infringes private contract rights and ultimately weakens consumer choice by prohibiting every merchant in the state which sells consumer products from including certain provisions in warranty contracts. Specifically, merchants are prohibited from adopting warranty policies that require a purchaser to pay an additional fee to obtain a repair, replacement, or refund for goods returned pursuant to the warranty. ACU opposes infringing contract rights, opposes this government interference which could result in businesses offering fewer warranties on their products, thereby weakening consumer choice, and opposed this bill. The Senate passed the bill on March 27, 2019 by a vote of 25-0 and the bill was signed into law.

3. HB 712 Disenfranchising Voters by Mandating Presidential Candidates Disclose their Tax Returns. This bill is designed to obstruct our democratic process and disenfranchise voters by forcing candidates for president and other elected offices to disclose their tax returns in order to appear on the ballot in Hawaii. Under the bill, candidates for the following positions would be prohibited from being listed on the ballot if they do not disclose at least the past five years of their personal income tax returns: president, vice president, governor, lieutenant governor and county mayor. ACU opposes efforts to disenfranchise voters, rejects the elitist notion that Hawaii voters are incapable of assessing candidates for office without information ordained from the legislature’s mandates and opposed this bill. The Senate defeated the bill on April 9, 2019 by a vote of 10-15.

4. HB 748 Strengthening Property Rights by Prohibiting Asset Forfeiture Absent a Criminal Conviction. This bill would protect property rights by prohibiting law enforcement from forfeiting the property of individuals who have not been convicted of a criminal offense in connection to the property. Specifically, this bill would prohibit government from forfeiting an individual’s property unless the individual is convicted of a felony offense. Additionally, the bill would also require that the proceeds of any forfeiture actions be directed to the state’s general fund, rather than the current practice of incentivizing future forfeiture efforts by distributing the funds between local law enforcement, prosecuting attorneys and the state’s criminal forfeiture fund. ACUF’s Nolan Center for Justice is a national leader in criminal justice reform and works to cut crime, reduce taxpayer costs, protect victims, define the proper scope of government, and responsibly reduce incarceration rates. ACU supports strong protections against asset forfeiture abuse, believes a criminal conviction should be required in order to forfeit an individual’s property and supported this bill. The Senate passed the bill on April 9, 2019 by a vote of 25-0 but the bill was vetoed by the governor.

HAWAII SENATE VOTE DESCRIPTIONS

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5. HB 1009 Imposing Additional Excessive “Open Captioning” Mandates on Movie Theaters. This bill makes it harder for movie theater operations to meet the needs of viewers who are deaf or hard of hearing by further intruding into private movie theater operations. Under existing law, theaters are required to make special accommodations for individuals who are deaf or hard of hearing by showing every film they screen in open captioning (i.e., text visible to all viewers) at least one day a week. Alternatively, theaters were permitted to comply with the mandate by providing lightweight eyewear that included individualized closed captioning for patrons. Under this bill, such theater operators are now required to offer two open caption showings of every movie a week and may no longer comply with the regulation by providing eyewear. Furthermore, the previous mandates were set to expire on January 1, 2020, but this bill makes them permanent. ACU recognizes that federal regulations already require movie theaters to provide closed captioning (i.e., text visible to viewers who opt in with special devices) and audio descriptions when showing digital movies distributed with such features in order to accommodate viewers who are deaf or hard of hearing, or blind or have low vision. ACU opposes this new “one-size-fits-all” mandate which prevents movie theaters from providing the best movie theater experience to all patrons and opposed this bill. The Senate passed the bill on April 9, 2019 by a vote of 25-0 and the bill was signed into law.

6. HB 1192 Subjecting Employers to Lawsuit Abuse by Expanding Onerous Labor Mandates. This bill would further expose employers to lawsuit abuse by expanding several burdensome mandates already imposed on every employer in the state. Specifically, the bill would broadly expand the application of the state’s “equal pay” mandates by prohibiting employers from compensating an employee, with wages or benefits, differently than a colleague who performs “substantially similar” work (currently only imposed on “equal” work and wages). Additionally, the bill would make it significantly easier for individuals to bring lawsuits for wage disputes by expanding the list of protected classes to include nearly any human characteristic, including race, gender identity and expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record and others. Furthermore, the bill would force employers to report the pay scale and factors considered in setting salary levels for every advertised position and for every position held by existing employees. ACU believes employment discrimination is wrong and businesses which discriminate will face repercussions in the marketplace, but we oppose measures which provide an incentive in the legal system to extort small businesses with lawsuit abuse, oppose the further financial harm this bill may place on small businesses and opposed this bill. The Senate passed the bill on April 9, 2019 by a vote of 25-0. (The bill failed to advance in conference committee.)

7. SB 1033 Raising Home Birth Costs and Reducing Employment Opportunities by Creating a Licensing Regime for Midwives. This bill raises costs for expectant mothers and reduces job opportunities for practicing and aspiring midwives by creating a “temporary” licensing regime for midwives. Under the bill, no one may provide midwife services in Hawaii without first complying with educational requirements, obtaining a certificate from a nationally recognized entity, paying application fees, and paying any additional fees imposed by the director of the state Department of Commerce and Consumer Affairs. All licensed midwives must reapply for licensure every three years and demonstrate compliance with any rules imposed by the director. While the bill permits unlicensed individuals to continue practicing until July 1, 2023 if they comply with a litany of burdensome mandates, and the licensing regime will supposedly sunset June 30, 2025, the bill as a whole imposes significant barriers to employment and will drive up home birth costs for expectant mothers. ACU opposes the proliferation of licenses that are primarily designed to restrict competition and opposed this bill. The Senate passed the bill on April 12, 2019 by a vote of 19-2 and the bill was signed into law.

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8. SB 600 Infringing Second Amendment Rights by Creating Additional Restrictions for Individuals under Age 21. This bill infringes the Second Amendment rights of adults by creating new restrictions for individuals under age 21 to possess a firearm. Under existing law, individuals are permitted to bring firearms to Hawaii and must register them with county police within five days of transfer. This bill’s blanket mandate eliminates the option for individuals under age 21 to bring firearms to the state. ACU supports the founders’ belief in the Second Amendment, believes those old enough to fight for their country should not be deprived of their constitutional right to keep and bear arms and opposed this bill. The Senate passed the bill on April 18, 2019 by a vote of 21-4 and the bill was signed into law.

9. SB 1466 Seizing Firearms without Due Process. This bill allows nearly anyone to submit an ex parte (i.e., one-sided) petition to a court for the issuance of an “ex parte gun violence protective order,” which requires the temporary seizure of all firearms held by the accused if they are considered to be a danger to themselves or others simply due to their possession of a firearm. Furthermore, the bill bases the issuance of a protective order on “probable cause,” a very low standard. ACU supports the founders' belief in the Second Amendment, opposes the seizure of any property, including firearms, without due process and on the basis of unchallenged accusations through this and other so-called “red flag” measures, and opposed this bill. The Senate passed the bill on April 18, 2019 by a vote of 23-2 and the bill was signed into law. (The bill takes effect January 1, 2020.)

10. SB 549 Dictating Children’s Beverage Offerings at Restaurants. This bill forces all food service establishments that serve children’s meals to make the default beverage provided water, unflavored milk, a nondairy milk alternative, or 100% fruit or vegetable juice. The bill directs the state Department of Health to adopt regulations to implement the mandate, which many include monetary fines and other penalties for restaurants that offer any beverage absent from government’s restrictive list. ACU opposes this attack on parental rights and needless burden on restaurants and opposed this bill. The Senate passed the bill on April 18, 2019 by a vote of 24-1 and the bill was signed into law. (The bill takes effect January 1, 2020.)

11. SB 988 Expanding Cronyism by Subsidizing Renewable Energy Developers. This bill forces state taxpayers to issue $50 million in taxpayer-backed bonds (i.e., debt) in order to subsidize Mele Associates, Inc., a “renewable” energy developer. Under the bill, the state Department of Budget and Finance is directed to issue $50 million in bonds between 2019 and 2024 to fund Mele’s “renewable” energy projects. ACU supports all sources of energy, believes government should not support one source of energy over another, opposes driving up taxpayer costs in order to subsidize a single company favored by government and opposed this bill. The Senate passed the bill on April 18, 2019 by a vote of 25-0 and the bill was signed into law.

12. HB 34 Increasing Taxpayer Costs by Expanding Prevailing Wage Mandates. This bill drives up taxpayer construction costs by classifying more construction projects as “public works” under the state’s prevailing wage act. The prevailing wage originates under the federal Davis-Bacon Act, a Depression-era policy which forces companies contracting with the government to pay their employees above-market wages. Under the bill, prevailing wages must be paid to every employee on any project which uses “to any extent” state or county revenues or revenues from bonds or other securities which are exempt from taxation. ACU has long opposed the Davis-Bacon Act and prevailing wage mandates which needlessly drive up taxpayer costs and litigation and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

13. HB 157 Empowering Union Bosses Following the Janus v. AFSCME U.S. Supreme Court Decision. This bill expands the power of union bosses to harass public employees and is designed to subvert the U.S. Supreme Court’s decision in Janus v. AFSCME which protects public employees from being forced to pay union agency fees. Under the bill, public employees are subjected to further harassment at work by disclosing to unions certain personal information of employees within two pay periods of hire. Such mandated disclosures include: worksite address and phone number, job description, employee ID number and appointment type, among a long list of other sensitive information. This information is in addition to the previously mandated disclosure of employee names, home addresses, Social Security numbers, rates of pay, and other private information. ACU supports the founders’ belief in the First Amendment, supports the right to work without being forced to join a union or pay dues, opposes enriching greedy union bosses by radically expanding their power to harass employees and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

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14. HB 323 Strengthening Private Property Rights by Easing Restrictions on Historic Military Vehicles. This bill would strengthen the private property rights of individuals who own historic vehicles. Under the bill, the following models of former military vehicles made 25 years ago or more would be classified as “special interest vehicles” which could be registered and driven on the road for a limited list of purposes: Pinzgauer all-terrain vehicles, Kaiser Jeep M715s, Humvees or DUKWs (or “Ducks”). ACU supports strengthening property rights and automotive freedom by eliminating barriers—which are largely advocated by environmentalists—that prohibit civilian ownership of retired military vehicles and their use on the road and supported this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 but the bill was vetoed by the governor.

15. HB 452 Socializing the Electricity Costs of Select Farmers. This bill drives up electricity costs for all other ratepayers by providing “preferential rates” to select farmers. Specifically, the bill directs the Public Utilities Commission (PUC) to establish below-market electricity rates for agricultural activities that utilize “protected agriculture” to produce fruits and vegetables, provided that the producers incorporate “renewable” energy sources and energy efficiency measures. The bill includes no specific statutory safeguards to limit the subsidies or protect other ratepayers from bearing the costs of this measure. ACU opposes this government interference in the agricultural marketplace, opposes subsidizing one set of government-favored ratepayers at the expense of higher heating, cooling and electricity costs of other ratepayers and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

16. HB 710 Infringing Religious Liberty by Invalidating Employment Agreements which Prohibit Abortion. This bill infringes religious liberties by preventing employers from creating an atmosphere in the workplace consistent with their mission and their values. Employers have always been permitted to realize their missions by establishing a work environment that coincides with their work. It is very important that religious organizations and faith-based entities be permitted to continue exercising their core religious beliefs in their daily lives, including in their churches and businesses. This bill violates those freedoms by making it a “discriminatory employment practice” to base any employment decision on an individual’s decision to take the life of an unborn child through abortion. Furthermore, the bill allows employers to be sued for exercising this long-standing religious liberty. ACU supports religious liberties as protected under the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc., opposes this clear attempt to undermine religious liberty and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

17. HB 1248 Eroding Election Integrity by Mandating a Full-Scale Conversion to a Universal Vote-by-Mail System. This bill introduces significant risk of widespread voter fraud and vote count inaccuracies by converting the state to a universal vote-by-mail election system for the 2020 election. Under the bill, the state chief election officer is directed to send ballots to every registered voter in the state, even if they are not requested, and even if the registered voter no longer resides at that address. ACU recognizes this system introduces countless opportunities for inaccurate counts and voter fraud, including the issuance of electronic “replacement ballots” over the internet and receipt and submission of ballots by unregistered voters. ACU opposes this and other measures which disenfranchise eligible voters by creating new avenues for voter fraud and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

18. HB 1585 Socializing the Cost of Charging Stations for Electric Vehicle Owners. This bill expands cronyism by socializing the cost of charging stations for electric vehicle owners. Under the bill, the Public Utilities Commission (PUC) is directed to oversee a rebate program which doles out $500,000 annually for the installation or upgrade of publicly-accessible charging stations. Specifically, applicants, including private individuals and businesses, who install or upgrade vehicle charging stations receive various rebates depending on the type of system. For example, applicants who install alternative current Level 2 charging stations can receive payouts as high as $35,000 for a single station. ACU recognizes this crony scheme is in addition to multiple subsidy programs implemented at the federal and state levels that force taxpayers to bear part of the cost of electric vehicle ownership. ACU opposes cronyism, opposes this governmental interference in the marketplace which creates additional taxpayer burdens in order to advance a politicized environmental agenda and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill became law without the governor’s signature.

19. SB 390 Subsidizing Farmers through Food Stamps. This bill establishes a program designed to enrich certain industries by mandating that taxpayers provide matching funds for certain food stamp purchases. Under the bill, recipients of the Supplemental Nutrition Assistance Program (SNAP) are provided with a dollar-for-dollar match of their food stamp funds if they use the funds to purchase fruits and vegetables produced in Hawaii at farmers markets and direct-to-consumer venues. ACU opposes this program which is designed to enrich certain industries at the expense of taxpayers and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

12


20. SB 409 Ensuring Equal Taxation of Motor Vehicle Transportation. This bill helps ensure that all motorists are equally responsible for funding maintenance of public roads and bridges by creating a $50 registration surcharge for electric vehicles. Due to the fact drivers of electric vehicles do not pay the gas tax, the bill is designed to help ensure they are paying their portion of road maintenance costs. ACU recognizes as more and more electric vehicles hit the road, drivers of gas- and diesel-powered vehicles will face greater tax burdens without measures such as this. ACU supports all sources of energy, believes all motorists (regardless of how their vehicles are powered) should contribute to infrastructure costs and supported this bill. The Senate passed the bill on April 30, 2019 by a vote of 21-4 and the bill became law without the governor’s signature. (The bill takes effect January 1, 2020.)

21. SB 522 Advancing a Politicized Environmental Agenda by Establishing a Working Group Tasked with Devising Product Bans. This bill advances a politicized environmental agenda by creating a working group of unelected bureaucrats and special interests tasked with submitting a report on various options to further restrict consumer choice. Specifically, the bill creates the plastic source reduction working group within the state Department of Health and directs the working group to report its findings on particular policies, including banning single-use plastic products, creating a statewide ban on Styrofoam containers and establishing taxpayer-funded incentives for consumers to avoid products disfavored by government. ACU believes government should not dictate how individuals transport their groceries or other goods, believes government should instead protect the environment by enforcing existing anti-littering laws and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

22. SB 693 Penalizing Pedestrians with Additional Costly Fines by Transforming the Meaning of Crosswalk Countdowns. This bill targets law abiding pedestrians with costly $130 fines for crossing the street if the crosswalk signal has begun its countdown. Under previous law, crosswalk countdowns signaled how much time pedestrians had until the walk sign turned off and it was no longer safe to cross. Under this bill, the meaning of the countdown is transformed to mean the same as the “Don’t Walk” or upraised palm signal. While the bill permits pedestrians to complete crossing the street if they are already in the crosswalk while the countdown begins, the bill as a whole presents confusing messages to pedestrians that will most likely result in unintentional violations of the law under penalty of unnecessarily costly fines. ACU opposes this measure which may fine pedestrians who have safely crossed a crosswalk before the expiration of the crosswalk countdown, believes this misguided interpretation of traffic signals will result in reduced travel efficiency and more commuter confusion and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 23-2 and the bill was signed into law.

23. SB 767 Increasing Employment Opportunities by Expanding Exemptions from Onerous Occupational Licensing Restrictions for Handymen. This bill increases employment opportunities by expanding existing exemptions from the state’s occupational licensing restrictions on handymen. Specifically, the bill permits handymen to perform work without a license if the total contract price of labor and materials costs $1,500 or less (previously $1,000 for labor, materials, taxes, and all other items). ACU opposes many of the state’s occupational licensing regimes which are primarily designed to restrict competition and supported this bill as a step in the right direction. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was became law without the governor’s signature.

13


24. SB 770 Harming Employment Opportunities by Adding Another Barrier to Obtain a Real Estate License. This bill imposes yet another requirement on individuals seeking to become licensed real estate brokers in Hawaii. Under the bill, no one may apply to become licensed as a real estate broker unless they obtain a high school diploma or its equivalent, even if they demonstrate proficient understanding of real estate principles, completed pre-licensing courses approved by the licensing commission, and have had three years of experience in the last five years, as required under the law. ACU recognizes that this arbitrary standard will not ensure ethical real estate transactions but is instead designed to prohibit individuals with alternative educational pathways from competing with well-established operations. ACU opposes many of the state’s occupational licensing requirements which are primarily designed to restrict competition and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 22-3 and the bill was signed into law. (This bill takes effect July 1, 2020.)

25. SB 772 Fostering Economic Growth by Easing Restrictions on the Sale of Draft Beer. This bill permits taprooms and bars to operate with fewer arbitrary government restrictions by repealing a state mandate on tap handle labeling and resolving a patchwork of county prohibitions on “stacking.” Specifically, the bill eliminates the state requirement that all establishments serving draft beer label their tap handles with the name or brand of the brewer. Additionally, the bill clarifies that if counties choose to prohibit “stacking” (i.e., providing multiple servings to a single customer at a time) that the regulations be based on a standard 32 ounce serving size rather than the number of drinks, thereby permitting establishments statewide to serve up to 32 ounces to a customer at a time and offer “flights” or multiple samples of small volumes of beverages. ACU recognizes that regulations at the state and county level have restricted the ability of the alcoholic beverage industry to respond to demand for new products and implement menu and labeling innovations. ACU supports establishing a freer market in the alcoholic beverage industry, supports expanding individual liberties and supported this bill as a step in the right direction. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

26. SB 1002 Further Indebting Taxpayers to Advance a Politicized Global Warming Agenda. This bill further indebts taxpayers to channel even more funding to a select company as part of a politicized global warming agenda. Under the bill, the state will issue even more bonds (i.e., debt) to fund a “renewable” energy product undertaken by a private company known as Honolulu Seawater Air Conditioning, LLC. The company has already received tens of millions of dollars since 2012 from the state through bond issuance and this bill authorizes an unlimited amount of bonds to be further issued through 2024, despite no value having been provided to taxpayers thus far. ACU opposes placing an unlimited amount of taxpayer funds at risk to fund a special interest project and advance a politicized global warming agenda and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

27. SB 1223 Further Expanding “Affordable” Housing and Socializing the Costs through Tax Credits to Select Developers. This bill further enriches developers of “affordable” housing at the expense of other taxpayers by extending a crony tax credit program. Under previous law, the state mandated that counties provide tax credits to the state Department of Hawaiian Home Lands (DHHL) to enable the agency to provide subsidies to government-favored developers of “affordable” housing. Additionally, counties were mandated to provide additional tax credits to each residential unit developed by DHHL. Each of these mandates was set to expire in 2019, but this bill extends the programs through 2024. ACU recognizes this subsidy scheme is in addition to the federal Hawaiian Homes Commission Act of 1920 which awards nearly-no-cost leases to individuals with at least 50% Hawaiian ancestry. ACU further recognizes that affordable housing schemes enrich government-favored developers far more than they assist individuals seeking housing. ACU opposes cronyism, opposes socializing housing, believes the state should instead significantly reform its stringent zoning and land use ordinances to reduce housing costs and opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

14


28. SB 1394 Expanding Cronyism through a New Income Tax Credit Program for Historic Properties. This bill expands cronyism by creating a historic properties tax credit program to benefit government’s special interests at the expense of other taxpayers. Under the bill, owners, developers and financial institutions which fund government-certified renovations of historic properties are eligible for state income tax credits up to 30% of the cost of renovations. As a result, these special interests enjoy aggregate tax breaks up to $1 million annually, while the loss of tax revenue will almost certainly be made up by other income taxpayers. ACU recognizes that this subsidy scheme is in addition to federal historic property tax credit programs. ACU opposes cronyism, opposes forcing taxpayers to subsidize the cost of renovations for certain owners, developers and financial institutions favored by government which leaves other taxpayers with greater tax burdens opposed this bill. The Senate passed the bill on April 30, 2019 by a vote of 25-0 and the bill was signed into law.

29. SB 1405 Distracting Teachers from Educating Students by Imposing Duties to Enforce Electronic Cigarette Bans in School. This bill would weaken educational outcomes by distracting teachers from their primary duty to educate students and instead require educators to bear duties to enforce the state’s stringent bans on e-cigarettes such as Juul. Under the bill, public school teachers would be required to confiscate e-cigarettes from any student under age 21 and coordinate with the state Department of Health (DOH) to destroy the devices. However, the bill is poorly written and fails to define what constitutes an “electronic cigarette.” Additionally, the bill would require DOH to establish a “safe harbor” program by which individuals under age 21 could dispose of their e-cigarettes without being penalized for violating the state’s existing law prohibiting their possession or use for individuals under age 21. Furthermore, the bill would increase fines for individuals under age 21 who purchase e-cigarettes in stores or online by 900% to $100 (previously $10). ACU opposes weakening educational outcomes by forcing public school teachers to become law enforcement entities and opposed this bill. The Senate passed the bill on May 2, 2019 by a vote of 25-0 but the bill was vetoed by the governor.

15


HAWAII HOUSE STATISTICS

21%OVERALL AVERAGE

THIELEN, CYNTHIA

15%

LOWEST REPUBLICAN

32%REPUBLICAN AVERAGE

20%DEMOCRAT AVERAGE

KONG, SAMTOKIOKA, JAMES36%

HIGHEST DEMOCRATS

HAWAII HOUSE CONSERVATIVE RATINGS

RED = REPUBLICANS BLUE = DEMOCRATS

# OF STATE REPS

2019 ACUF PERCENTAGE

90-100%0-9% 10-19% 30-39% 40-49% 50-59% 60-69% 70-79% 80-89%20-29%0

5

10

15

20

25

30

35

16


HAWAII HOUSE SCORES

HAWAII HOUSE VOTE DETAILACU Foundation Position N N N N N N N Y N N N Y N N N N N Y N N Y N Y N N N N N

Party Dist.2019

%2018

%LIFETIME

AVG

HB

712

SB 1361

SB 549

SB 60

0

SB 988

SB 10

33

SB 1466

HB

748

HB

34

HB

68

HB

157

HB

323

SB 390

HB

452

HB

710

HB

1248

HB

1585

SB 40

9

SB 522

SB 693

SB 767

SB 770

SB 772

SB 10

02

SB 1223

SB 1394

HB

100

9

SB 140

5

Aquino, Henry D 38 21% 18% 20% - - - + - - - + - - - + - - - - - + - - + - + - - - - -

Belatti, Della D 24 19% 12% 15% - x - - - - - + - - - + - - - - - + - - + - + - - - - -

Brower, Tom D 22 18% 12% 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Cabanilla, Rida D 41 18% n/a 19% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Cachola, Romy D 30 19% 19% 19% - - - - - - - x - - - + - - - - - + + - + - + - - - - -

Creagan, Richard D 5 18% 12% 17% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Cullen, Ty D 39 21% 18% 21% - - - + - - - + - - - + - - - - - + - - + - + - - - - -

DeCoite, Lynn D 13 35% 12% 22% - - - + - - + + - - - + - - - - + + - - + - + - - + x x

Eli, Stacelynn D 43 22% n/a 22% - - - - x - - + - - - + - - - - - + - + + - + - - - - -

Gates, Cedric D 44 21% 12% 18% - - - - - + - + - - - + - - - - - + - - + - + - - - - -

Har, Sharon D 42 25% 29% 28% - - - + - - + + - - - + - - - - - + - - + - - - - + - -

Hashem, Mark D 18 21% 12% 16% - - - - - - - + - - - + - - - - - + - + + - + - - - - -

Hashimoto, Troy D 8 18% 12% 15% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Holt, Daniel D 29 18% 13% 17% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Ichiyama, Linda D 32 19% 12% 16% - - - - - - - + - - - + - - - - x + - - + - + - - - - -

Johanson, Aaron D 31 18% 18% 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Kitagawa, Lisa D 48 18% n/a 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -





• SB 549 Dictating Children’s Beverage Offerings at Restaurants.


• SB 988 Expanding Cronyism by Subsidizing Renewable Energy Developers.


• SB 1466 Seizing Firearms without Due Process.


• HB 34 Increasing Taxpayer Costs by Expanding Prevailing Wage Mandates.


• HB 157 Empowering Union Bosses Following the Janus v. AFSCME U.S. Supreme Court Decision.

• HB 323 Strengthening Private Property Rights by Easing Restrictions on Historic Military Vehicles.

• SB 390 Subsidizing Farmers through Food Stamps. • HB 452 Socializing the Electricity Costs of Select





• SB 409 Ensuring Equal Taxation of Motor Vehicle Transportation.

• SB 522 Advancing a Politicized Environmental Agenda by Establishing a Working Group Tasked with Devising Product Bans.










17



Party Dist.2019

%2018

%LIFETIME

AVG

HB

712

SB 1361

SB 549

SB 60

0

SB 988

SB 10

33

SB 1466

HB

748

HB

34

HB

68

HB

157

HB

323

SB 390

HB

452

HB

710

HB

1248

HB

1585

SB 40

9

SB 522

SB 693

SB 767

SB 770

SB 772

SB 10

02

SB 1223

SB 1394

HB

100

9

SB 140

5

Kobayashi, Bert D 19 18% 12% 17% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Kobayashi, Dale D 23 22% n/a 22% - x - - - - + + - - - + - - - - - + - - + - + - - - - -

Kong, Sam D 33 36% 24% 36% + - - + - - + + - - - + - - - - + + - - + - + - - + - -

Lee, Chris D 51 18% 12% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Lowen, Nicole D 6 14% 12% 16% - - - - - - - + - - - + - - - - - - - - + - + - - - - -

Luke, Sylvia D 25 18% 12% 15% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Matayoshi, Scot D 49 18% n/a 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

MATSUMOTO, LAUREN R 45 32% 12% 21% - + - + - - + + - - - + - - - + - + - - + - + - - - - -

McDERMOTT, BOB R 40 43% 31% 41% + + - + - + + + - - - + - - + - - + + - + - + - - - - -

McKelvey, Angus D 10 18% 6% 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Mizuno, John D 28 19% 12% 16% - - - - x - - + - - - + - - - - - + - - + - + - - - - -

Morikawa, Dee D 16 18% 12% 14% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Nakamura, Nadine D 14 18% 12% 17% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Nakashima, Mark D 1 19% 12% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - x x

Nishimoto, Scott D 21 20% 12% 17% - - x x x - - + - - - + - - - - - + - - + - + - - - - -

Ohno, Takashi D 27 18% 12% 20% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

OKIMOTO, VAL R 36 32% n/a 32% - + - + - - + + - - - + - - - + - + - - + - + - - - - -

Onishi, Richard D 3 18% 12% 13% - - - - - - - + - - - + - - - - - + - - + - + - - - - -































18



Party Dist.2019

%2018

%LIFETIME

AVG

HB

712

SB 1361

SB 549

SB 60

0

SB 988

SB 10

33

SB 1466

HB

748

HB

34

HB

68

HB

157

HB

323

SB 390

HB

452

HB

710

HB

1248

HB

1585

SB 40

9

SB 522

SB 693

SB 767

SB 770

SB 772

SB 10

02

SB 1223

SB 1394

HB

100

9

SB 140

5

Perruso, Amy D 46 18% n/a 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Quinlan, Sean D 47 26% 18% 23% - x x x - - + + - - - + - - - - - + - - + - + - - - x x

Saiki, Scott D 26 18% 12% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

San Buenaventura, Joy D 4 18% 13% 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Say, Calvin D 20 32% 13% 24% + - - + - - + + + - - + - - - - + - - - + - + - - - - -

Takayama, Gregg D 34 18% 12% 15% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Takumi, Roy D 35 18% 13% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Tarnas, David D 7 18% n/a 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

THIELEN, CYNTHIA R 50 15% 12% 22% - + - - - - - x - - - + - - - - - - - - + - + - - - - -

Todd, Chris D 2 18% 12% 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Tokioka, James D 15 36% 24% 30% + - - + - - + + - - - + - - - - + + - - + - + - - + - -

WARD, GENE R 17 36% 24% 33% + + - + - + + + - - - + - - - - - + - - + - + - - - - -

Wildberger, Tina D 11 22% n/a 22% - x - - - + - + - - - + - - - - - - - + + - + - - - - -

Woodson, Justin D 9 18% 18% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Yamane, Ryan D 37 22% 7% 19% - x - + - - - + - - - + - - - - - + - - + - + - - - - -

Yamashita, Kyle D 12 18% 12% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - - -































19



Party Dist.2019

%2018

%LIFETIME

AVG

HB

712

SB 1361

SB 549

SB 60

0

SB 988

SB 10

33

SB 1466

HB

748

HB

34

HB

68

HB

157

HB

323

SB 390

HB

452

HB

710

HB

1248

HB

1585

SB 40

9

SB 522

SB 693

SB 767

SB 770

SB 772

SB 10

02

SB 1223

SB 1394

HB

100

9

SB 140

5

Perruso, Amy D 46 18% n/a 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Quinlan, Sean D 47 26% 18% 23% - x x x - - + + - - - + - - - - - + - - + - + - - - x x

Saiki, Scott D 26 18% 12% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

San Buenaventura, Joy D 4 18% 13% 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Say, Calvin D 20 32% 13% 24% + - - + - - + + + - - + - - - - + - - - + - + - - - - -

Takayama, Gregg D 34 18% 12% 15% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Takumi, Roy D 35 18% 13% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Tarnas, David D 7 18% n/a 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

THIELEN, CYNTHIA R 50 15% 12% 22% - + - - - - - x - - - + - - - - - - - - + - + - - - - -

Todd, Chris D 2 18% 12% 18% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Tokioka, James D 15 36% 24% 30% + - - + - - + + - - - + - - - - + + - - + - + - - + - -

WARD, GENE R 17 36% 24% 33% + + - + - + + + - - - + - - - - - + - - + - + - - - - -

Wildberger, Tina D 11 22% n/a 22% - x - - - + - + - - - + - - - - - - - + + - + - - - - -

Woodson, Justin D 9 18% 18% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - - -

Yamane, Ryan D 37 22% 7% 19% - x - + - - - + - - - + - - - - - + - - + - + - - - - -

Yamashita, Kyle D 12 18% 12% 16% - - - - - - - + - - - + - - - - - + - - + - + - - - - -































1. HB 712 Disenfranchising Voters by Mandating Presidential Candidates Disclose their Tax Returns. This bill is designed to obstruct our democratic process and disenfranchise voters by forcing candidates for president and other elected offices to disclose their tax returns in order to appear on the ballot in Hawaii. Under the bill, candidates for the following positions would be prohibited from being listed on the ballot if they do not disclose at least the past five years of their personal income tax returns: president, vice president, governor, lieutenant governor and county mayor. ACU opposes efforts to disenfranchise voters, rejects the elitist notion that Hawaii voters are incapable of assessing candidates for office without information ordained from the legislature’s mandates and opposed this bill. The House passed the bill on March 5, 2019 by a vote of 46-5. (The bill was defeated in the Senate.)

2. SB 1361 Increasing Government Theft by Expanding the Estate Tax. This bill results in government seizing even more assets belonging to families who lost a relative or loved one by further hiking the state’s estate tax, now tied for the highest in the nation (Washington state). Under previous law, every family in Hawaii is subject to the estate tax which ranges between 10% and 15.7% based on the value of the estate. Under this bill, all estates valued at $10 million or more are now subject to a 20% tax rate as opposed to the 15.7% rate. The Hawaii estate tax is in addition to the federal estate tax which is as high as 40%. ACU recognizes the estate tax is double taxation as an individual’s assets have already been taxed during the taxpayer’s lifetime. ACU further recognizes the estate tax has catastrophic economic implications, oftentimes forcing businesses to be sold, thus transferring resources from being used most effectively in the private sector to the least efficient institution (government). ACU has long opposed the estate tax, supports the complete abolition of this tax which has devastating impacts on families and the economy and opposed this bill. The House passed the bill on March 19, 2019 by a vote of 41-5 and the bill was signed into law.

3. SB 549 Dictating Children’s Beverage Offerings at Restaurants. This bill forces all food service establishments that serve children’s meals to make the default beverage provided water, unflavored milk, a nondairy milk alternative, or 100% fruit or vegetable juice. The bill directs the state Department of Health to adopt regulations to implement the mandate, which many include monetary fines and other penalties for restaurants that offer any beverage absent from government’s restrictive list. ACU opposes this attack on parental rights and needless burden on restaurants and opposed this bill. The House passed the bill on April 4, 2019 by a vote of 49-0 and the bill was signed into law. (The bill takes effect January 1, 2020.)

4. SB 600 Infringing Second Amendment Rights by Creating Additional Restrictions for Individuals under Age 21. This bill infringes the Second Amendment rights of adults by creating new restrictions for individuals under age 21 to possess a firearm. Under existing law, individuals are permitted to bring firearms to Hawaii and must register them with county police within five days of transfer. This bill’s blanket mandate eliminates the option for individuals under age 21 to bring firearms to the state. ACU supports the founders’ belief in the Second Amendment, believes those old enough to fight for their country should not be deprived of their constitutional right to keep and bear arms and opposed this bill. The House passed the bill on April 4, 2019 by a vote of 37-12 and the bill was signed into law.

5. SB 988 Expanding Cronyism by Subsidizing Renewable Energy Developers. This bill forces state taxpayers to issue $50 million in taxpayer-backed bonds (i.e., debt) in order to subsidize Mele Associates, Inc., a “renewable” energy developer. Under the bill, the state Department of Budget and Finance is directed to issue $50 million in bonds between 2019 and 2024 to fund Mele’s “renewable” energy projects. ACU supports all sources of energy, believes government should not support one source of energy over another, opposes driving up taxpayer costs in order to subsidize a single company favored by government and opposed this bill. The House passed the bill on April 5, 2019 by a vote of 48-0 and the bill was signed into law.

HAWAII HOUSE VOTE DESCRIPTIONS

20


6. SB 1033 Raising Home Birth Costs and Reducing Employment Opportunities by Creating a Licensing Regime for Midwives. This bill raises costs for expectant mothers and reduces job opportunities for practicing and aspiring midwives by creating a “temporary” licensing regime for midwives. Under the bill, no one may provide midwife services in Hawaii without first complying with educational requirements, obtaining a certificate from a nationally recognized entity, paying application fees, and paying any additional fees imposed by the director of the state Department of Commerce and Consumer Affairs. All licensed midwives must reapply for licensure every three years and demonstrate compliance with any rules imposed by the director. While the bill permits unlicensed individuals to continue practicing until July 1, 2023 if they comply with a litany of burdensome mandates, and the licensing regime will supposedly sunset June 30, 2025, the bill as a whole imposes significant barriers to employment and will drive up home birth costs for expectant mothers. ACU opposes the proliferation of licenses that are primarily designed to restrict competition and opposed this bill. The House passed the bill on April 9, 2019 by a vote of 47-4 and the bill was signed into law.

7. SB 1466 Seizing Firearms without Due Process. This bill allows nearly anyone to submit an ex parte (i.e., one-sided) petition to a court for the issuance of an “ex parte gun violence protective order,” which requires the temporary seizure of all firearms held by the accused if they are considered to be a danger to themselves or others simply due to their possession of a firearm. Furthermore, the bill bases the issuance of a protective order on “probable cause,” a very low standard. ACU supports the founders' belief in the Second Amendment, opposes the seizure of any property, including firearms, without due process and on the basis of unchallenged accusations through this and other so-called “red flag” measures, and opposed this bill. The House passed the bill on April 9, 2019 by a vote of 40-11 and the bill was signed into law. (The bill takes effect January 1, 2020.)

8. HB 748 Strengthening Property Rights by Prohibiting Asset Forfeiture Absent a Criminal Conviction. This bill would protect property rights by prohibiting law enforcement from forfeiting the property of individuals who have not been convicted of a criminal offense in connection to the property. Specifically, this bill would prohibit government from forfeiting an individual’s property unless the individual is convicted of a felony offense. Additionally, the bill would also require that the proceeds of any forfeiture actions be directed to the state’s general fund, rather than the current practice of incentivizing future forfeiture efforts by distributing the funds between local law enforcement, prosecuting attorneys and the state’s criminal forfeiture fund. ACUF’s Nolan Center for Justice is a national leader in criminal justice reform and works to cut crime, reduce taxpayer costs, protect victims, define the proper scope of government, and responsibly reduce incarceration rates. ACU supports strong protections against asset forfeiture abuse, believes a criminal conviction should be required in order to forfeit an individual’s property and supported this bill. The House passed the bill on April 25, 2019 by a vote of 49-0 but the bill was vetoed by the governor.

9. HB 34 Increasing Taxpayer Costs by Expanding Prevailing Wage Mandates. This bill drives up taxpayer construction costs by classifying more construction projects as “public works” under the state’s prevailing wage act. The prevailing wage originates under the federal Davis-Bacon Act, a Depression-era policy which forces companies contracting with the government to pay their employees above-market wages. Under the bill, prevailing wages must be paid to every employee on any project which uses “to any extent” state or county revenues or revenues from bonds or other securities which are exempt from taxation. ACU has long opposed the Davis-Bacon Act and prevailing wage mandates which needlessly drive up taxpayer costs and litigation and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 50-1 and the bill was signed into law.

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10. HB 68 Interfering with Private Contract Rights in Warranties. This bill infringes private contract rights and ultimately weakens consumer choice by prohibiting every merchant in the state which sells consumer products from including certain provisions in warranty contracts. Specifically, merchants are prohibited from adopting warranty policies that require a purchaser to pay an additional fee to obtain a repair, replacement, or refund for goods returned pursuant to the warranty. ACU opposes infringing contract rights, opposes this government interference which could result in businesses offering fewer warranties on their products, thereby weakening consumer choice, and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 51-0 and the bill was signed into law.

11. HB 157 Empowering Union Bosses Following the Janus v. AFSCME U.S. Supreme Court Decision. This bill expands the power of union bosses to harass public employees and is designed to subvert the U.S. Supreme Court’s decision in Janus v. AFSCME which protects public employees from being forced to pay union agency fees. Under the bill, public employees are subjected to further harassment at work by disclosing to unions certain personal information of employees within two pay periods of hire. Such mandated disclosures include: worksite address and phone number, job description, employee ID number and appointment type, among a long list of other sensitive information. This information is in addition to the previously mandated disclosure of employee names, home addresses, Social Security numbers, rates of pay, and other private information. ACU supports the founders’ belief in the First Amendment, supports the right to work without being forced to join a union or pay dues, opposes enriching greedy union bosses by radically expanding their power to harass employees and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 51-0 and the bill was signed into law.

12. HB 323 Strengthening Private Property Rights by Easing Restrictions on Historic Military Vehicles. This bill would strengthen the private property rights of individuals who own historic vehicles. Under the bill, the following models of former military vehicles made 25 years ago or more would be classified as “special interest vehicles” which could be registered and driven on the road for a limited list of purposes: Pinzgauer all-terrain vehicles, Kaiser Jeep M715s, Humvees or DUKWs (or “Ducks”). ACU supports strengthening property rights and automotive freedom by eliminating barriers—which are largely advocated by environmentalists—that prohibit civilian ownership of retired military vehicles and their use on the road and supported this bill. The House passed the bill on April 30, 2019 by a vote of 51-0 but the bill was vetoed by the governor.

13. SB 390 Subsidizing Farmers through Food Stamps. This bill establishes a program designed to enrich certain industries by mandating that taxpayers provide matching funds for certain food stamp purchases. Under the bill, recipients of the Supplemental Nutrition Assistance Program (SNAP) are provided with a dollar-for-dollar match of their food stamp funds if they use the funds to purchase fruits and vegetables produced in Hawaii at farmers markets and direct-to-consumer venues. ACU opposes this program which is designed to enrich certain industries at the expense of taxpayers and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 51-0 and the bill was signed into law.

14. HB 452 Socializing the Electricity Costs of Select Farmers. This bill drives up electricity costs for all other ratepayers by providing “preferential rates” to select farmers. Specifically, the bill directs the Public Utilities Commission (PUC) to establish below-market electricity rates for agricultural activities that utilize “protected agriculture” to produce fruits and vegetables, provided that the producers incorporate “renewable” energy sources and energy efficiency measures. The bill includes no specific statutory safeguards to limit the subsidies or protect other ratepayers from bearing the costs of this measure. ACU opposes this government interference in the agricultural marketplace, opposes subsidizing one set of government-favored ratepayers at the expense of higher heating, cooling and electricity costs of other ratepayers and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 51-0 and the bill was signed into law.

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15. HB 710 Infringing Religious Liberty by Invalidating Employment Agreements which Prohibit Abortion. This bill infringes religious liberties by preventing employers from creating an atmosphere in the workplace consistent with their mission and their values. Employers have always been permitted to realize their missions by establishing a work environment that coincides with their work. It is very important that religious organizations and faith-based entities be permitted to continue exercising their core religious beliefs in their daily lives, including in their churches and businesses. This bill violates those freedoms by making it a “discriminatory employment practice” to base any employment decision on an individual’s decision to take the life of an unborn child through abortion. Furthermore, the bill allows employers to be sued for exercising this long-standing religious liberty. ACU supports religious liberties as protected under the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc., opposes this clear attempt to undermine religious liberty and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 50-1 and the bill was signed into law.

16. HB 1248 Eroding Election Integrity by Mandating a Full-Scale Conversion to a Universal Vote-by-Mail System. This bill introduces significant risk of widespread voter fraud and vote count inaccuracies by converting the state to a universal vote-by-mail election system for the 2020 election. Under the bill, the state chief election officer is directed to send ballots to every registered voter in the state, even if they are not requested, and even if the registered voter no longer resides at that address. ACU recognizes this system introduces countless opportunities for inaccurate counts and voter fraud, including the issuance of electronic “replacement ballots” over the internet and receipt and submission of ballots by unregistered voters. ACU opposes this and other measures which disenfranchise eligible voters by creating new avenues for voter fraud and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 49-2 and the bill was signed into law.

17. HB 1585 Socializing the Cost of Charging Stations for Electric Vehicle Owners. This bill expands cronyism by socializing the cost of charging stations for electric vehicle owners. Under the bill, the Public Utilities Commission (PUC) is directed to oversee a rebate program which doles out $500,000 annually for the installation or upgrade of publicly-accessible charging stations. Specifically, applicants, including private individuals and businesses, who install or upgrade vehicle charging stations receive various rebates depending on the type of system. For example, applicants who install alternative current Level 2 charging stations can receive payouts as high as $35,000 for a single station. ACU recognizes this crony scheme is in addition to multiple subsidy programs implemented at the federal and state levels that force taxpayers to bear part of the cost of electric vehicle ownership. ACU opposes cronyism, opposes this governmental interference in the marketplace which creates additional taxpayer burdens in order to advance a politicized environmental agenda and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 46-4 and the bill became law without the governor’s signature.

18. SB 409 Ensuring Equal Taxation of Motor Vehicle Transportation. This bill helps ensure that all motorists are equally responsible for funding maintenance of public roads and bridges by creating a $50 registration surcharge for electric vehicles. Due to the fact drivers of electric vehicles do not pay the gas tax, the bill is designed to help ensure they are paying their portion of road maintenance costs. ACU recognizes as more and more electric vehicles hit the road, drivers of gas- and diesel-powered vehicles will face greater tax burdens without measures such as this. ACU supports all sources of energy, believes all motorists (regardless of how their vehicles are powered) should contribute to infrastructure costs and supported this bill. The House passed the bill on April 30, 2019 by a vote of 47-4 and the bill became law without the governor’s signature. (The bill takes effect January 1, 2020.)

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19. SB 522 Advancing a Politicized Environmental Agenda by Establishing a Working Group Tasked with Devising Product Bans. This bill advances a politicized environmental agenda by creating a working group of unelected bureaucrats and special interests tasked with submitting a report on various options to further restrict consumer choice. Specifically, the bill creates the plastic source reduction working group within the state Department of Health and directs the working group to report its findings on particular policies, including banning single-use plastic products, creating a statewide ban on Styrofoam containers and establishing taxpayer-funded incentives for consumers to avoid products disfavored by government. ACU believes government should not dictate how individuals transport their groceries or other goods, believes government should instead protect the environment by enforcing existing anti-littering laws and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 49-2 and the bill was signed into law.

20. SB 693 Penalizing Pedestrians with Additional Costly Fines by Transforming the Meaning of Crosswalk Countdowns. This bill targets law abiding pedestrians with costly $130 fines for crossing the street if the crosswalk signal has begun its countdown. Under previous law, crosswalk countdowns signaled how much time pedestrians had until the walk sign turned off and it was no longer safe to cross. Under this bill, the meaning of the countdown is transformed to mean the same as the “Don’t Walk” or upraised palm signal. While the bill permits pedestrians to complete crossing the street if they are already in the crosswalk while the countdown begins, the bill as a whole presents confusing messages to pedestrians that will most likely result in unintentional violations of the law under penalty of unnecessarily costly fines. ACU opposes this measure which may fine pedestrians who have safely crossed a crosswalk before the expiration of the crosswalk countdown, believes this misguided interpretation of traffic signals will result in reduced travel efficiency and more commuter confusion and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 48-3 and the bill was signed into law.

21. SB 767 Increasing Employment Opportunities by Expanding Exemptions from Onerous Occupational Licensing Restrictions for Handymen. This bill increases employment opportunities by expanding existing exemptions from the state’s occupational licensing restrictions on handymen. Specifically, the bill permits handymen to perform work without a license if the total contract price of labor and materials costs $1,500 or less (previously $1,000 for labor, materials, taxes, and all other items). ACU opposes many of the state’s occupational licensing regimes which are primarily designed to restrict competition and supported this bill as a step in the right direction. The House passed the bill on April 30, 2019 by a vote of 51-0 and the bill became law without the governor’s signature.

22. SB 770 Harming Employment Opportunities by Adding Another Barrier to Obtain a Real Estate License. This bill imposes yet another requirement on individuals seeking to become licensed real estate brokers in Hawaii. Under the bill, no one may apply to become licensed as a real estate broker unless they obtain a high school diploma or its equivalent, even if they demonstrate proficient understanding of real estate principles, completed pre-licensing courses approved by the licensing commission, and have had three years of experience in the last five years, as required under the law. ACU recognizes that this arbitrary standard will not ensure ethical real estate transactions but is instead designed to prohibit individuals with alternative educational pathways from competing with well-established operations. ACU opposes many of the state’s occupational licensing requirements which are primarily designed to restrict competition and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 51-0 and the bill was signed into law. (The bill takes effect July 1, 2020.)

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23. SB 772 Fostering Economic Growth by Easing Restrictions on the Sale of Draft Beer. This bill permits taprooms and bars to operate with fewer arbitrary government restrictions by repealing a state mandate on tap handle labeling and resolving a patchwork of county prohibitions on “stacking.” Specifically, the bill eliminates the state requirement that all establishments serving draft beer label their tap handles with the name or brand of the brewer. Additionally, the bill clarifies that if counties choose to prohibit “stacking” (i.e., providing multiple servings to a single customer at a time) that the regulations be based on a standard 32 ounce serving size rather than the number of drinks, thereby permitting establishments statewide to serve up to 32 ounces to a customer at a time and offer “flights” or multiple samples of small volumes of beverages. ACU recognizes that regulations at the state and county level have restricted the ability of the alcoholic beverage industry to respond to demand for new products and implement menu and labeling innovations. ACU supports establishing a freer market in the alcoholic beverage industry, supports expanding individual liberties and supported this bill as a step in the right direction. The House passed the bill on April 30, 2019 by a vote of 50-1 and the bill was signed into law.

24. SB 1002 Further Indebting Taxpayers to Advance a Politicized Global Warming Agenda. This bill further indebts taxpayers to channel even more funding to a select company as part of a politicized global warming agenda. Under the bill, the state will issue even more bonds (i.e., debt) to fund a “renewable” energy product undertaken by a private company known as Honolulu Seawater Air Conditioning, LLC. The company has already received tens of millions of dollars since 2012 from the state through bond issuance and this bill authorizes an unlimited amount of bonds to be further issued through 2024, despite no value having been provided to taxpayers thus far. ACU opposes placing an unlimited amount of taxpayer funds at risk to fund a special interest project and advance a politicized global warming agenda and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 51-0 and the bill was signed into law.

25. SB 1223 Further Expanding “Affordable” Housing and Socializing the Costs through Tax Credits to Select Developers. This bill further enriches developers of “affordable” housing at the expense of other taxpayers by extending a crony tax credit program. Under previous law, the state mandated that counties provide tax credits to the state Department of Hawaiian Home Lands (DHHL) to enable the agency to provide subsidies to government-favored developers of “affordable” housing. Additionally, counties were mandated to provide additional tax credits to each residential unit developed by DHHL. Each of these mandates was set to expire in 2019, but this bill extends the programs through 2024. ACU recognizes this subsidy scheme is in addition to the federal Hawaiian Homes Commission Act of 1920 which awards nearly-no-cost leases to individuals with at least 50% Hawaiian ancestry. ACU further recognizes that affordable housing schemes enrich government-favored developers far more than they assist individuals seeking housing. ACU opposes cronyism, opposes socializing housing, believes the state should instead significantly reform its stringent zoning and land use ordinances to reduce housing costs and opposed this bill. The House passed the bill on April 30, 2019 by a vote of 51-0 and the bill was signed into law.

26. SB 1394 Expanding Cronyism through a New Income Tax Credit Program for Historic Properties. This bill expands cronyism by creating a historic properties tax credit program to benefit government’s special interests at the expense of other taxpayers. Under the bill, owners, developers and financial institutions which fund government-certified renovations of historic properties are eligible for state income tax credits up to 30% of the cost of renovations. As a result, these special interests enjoy aggregate tax breaks up to $1 million annually, while the loss of tax revenue will almost certainly be made up by other income taxpayers. ACU recognizes that this subsidy scheme is in addition to federal historic property tax credit programs. ACU opposes cronyism, opposes forcing taxpayers to subsidize the cost of renovations for certain owners, developers and financial institutions favored by government which leaves other taxpayers with greater tax burdens opposed this bill. The House passed the bill on April 30, 2019 by a vote of 47-4 and the bill was signed into law.

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27. HB 1009 Imposing Additional Excessive “Open Captioning” Mandates on Movie Theaters. This bill makes it harder for movie theater operations to meet the needs of viewers who are deaf or hard of hearing by further intruding into private movie theater operations. Under existing law, theaters are required to make special accommodations for individuals who are deaf or hard of hearing by showing every film they screen in open captioning (i.e., text visible to all viewers) at least one day a week. Alternatively, theaters were permitted to comply with the mandate by providing lightweight eyewear that included individualized closed captioning for patrons. Under this bill, such theater operators are now required to offer two open caption showings of every movie a week and may no longer comply with the regulation by providing eyewear. Furthermore, the previous mandates were set to expire on January 1, 2020, but this bill makes them permanent. ACU recognizes that federal regulations already require movie theaters to provide closed captioning (i.e., text visible to viewers who opt in with special devices) and audio descriptions when showing digital movies distributed with such features in order to accommodate viewers who are deaf or hard of hearing, or blind or have low vision. ACU opposes this new “one-size-fits-all” mandate which prevents movie theaters from providing the best movie theater experience to all patrons and opposed this bill. The House passed the bill on May 2, 2019 by a vote of 48-0 and the bill was signed into law.

28. SB 1405 Distracting Teachers from Educating Students by Imposing Duties to Enforce Electronic Cigarette Bans in School. This bill would weaken educational outcomes by distracting teachers from their primary duty to educate students and instead require educators to bear duties to enforce the state’s stringent bans on e-cigarettes such as Juul. Under the bill, public school teachers would be required to confiscate e-cigarettes from any student under age 21 and coordinate with the state Department of Health (DOH) to destroy the devices. However, the bill is poorly written and fails to define what constitutes an “electronic cigarette.” Additionally, the bill would require DOH to establish a “safe harbor” program by which individuals under age 21 could dispose of their e-cigarettes without being penalized for violating the state’s existing law prohibiting their possession or use for individuals under age 21. Furthermore, the bill would increase fines for individuals under age 21 who purchase e-cigarettes in stores or online by 900% to $100 (previously $10). ACU opposes weakening educational outcomes by forcing public school teachers to become law enforcement entities and opposed this bill. The House passed the bill on May 2, 2019 by a vote of 48-0 but the bill was vetoed by the governor.

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