The ACLU of Hawaii, through our Legislative Working Group (“LWG”), was active during the 2012 Hawaii State Legislative session protecting and promoting fundamental rights for everyone. Our 2012 LWG included volunteers Roger Fonseca, Gail Gnazzo, Steve Levinson, Jory Watland, Nancy Davlantes, and ACLU staff member Laurie Temple. The LWG monitored hundreds of bills and testified in writing and/or in person on over seventy bills and resolutions. In addition, the LWG spent countless hours speaking with legislators, meeting with community allies and conducting public education and outreach campaigns. The LWG also used ‘Ohana Email Action Alerts on the web and in social media to engage grassroots participation and add civil liberties voices to the legislative process. Mahalo to all who supported the ACLU, submitted testimony, attended events, and started conversations about these issues with their families and communities!
To give us feedback, join the private list for ‘Ohana Email Action Alerts, or to get more information on how you can help protect and promote civil rights in the Hawaii State Legislature, contact the LWG! legislative@acluhawaii.org.
ACLU of Hawaii Civil Liberties Report Card
Overall performance:
| Status | Supported by ACLU | Opposed by ACLU | No Position |
|---|---|---|---|
| Passed | 15 | 4 | 3 |
| Did Not Pass | 30 | 20 | 1 |
Civil Liberties Report Cards for Hawaii Legislators:
The ACLU of Hawaii evaluated Hawaii legislators voting records on over 70 bills and resolutions affecting civil liberties heard in the 2012 legislative session on topics ranging from criminal justice reform and privacy to drug policy reform and open government. Find out how often your legislator votes in support of civil liberties!
To compile these reports, we analyzed each legislator’s 2012 public voting record for bills and resolutions affecting civil liberties for which the ACLU of Hawaii submitted testimony, including committee and floor votes. Legislators received points for voting in support of bills or resolutions that protected or promoted civil liberties. We then divided their points by the number of total opportunities they had to vote on those bills and resolutions to determine the percentage of votes they cast in favor of civil liberties.
This year we noted legislators’ committee memberships in the report cards. Legislators’ opportunities to vote on bills and resolutions affecting civil liberties often depend on their committee membership. For instance, bills and resolutions affecting civil liberties are often referred to judiciary committees, so legislators on the judiciary committee will have more opportunities to vote on those bills and resolutions. Compare legislators’ committees with bills’ committee referrals to find out which bills legislators had the opportunity to vote on. For more information on legislative committees, click here.
-
Kauai (PDF, 25 KB)
-
Oahu (PDF, 111 KB)
-
Maui, Molokai, Lanai (PDF, 29 KB)
-
Hawaii (PDF. 86 KB)
Table of Contents
Printer-friendly PDF format: http://acluhawaii.files.wordpress.com/2012/07/2012-legislative-program-summary-2.pdf
I. Civil Rights Bills That Became Law in 2012
II. Bills and Resolutions Affecting Civil Rights That Did Not Pass in 2012
Bills That Became Law in 2012: Supported by the ACLU of Hawaii
PASSED: Senate Bill 2419 restricts driver’s license scanning by private businesses.
- Introducers: Baker, Chun Oakland, Green, Espero, Galuteria, Taniguchi
- Committee referrals: TRN, ERB, JUD, CPC
- ACLU Position: SUPPORT. SB 2419 protects our privacy by limiting private businesses from scanning driver’s license bar codes and collecting, retaining and sharing our driver’s license information.
- Outcome: Successful. Signed into law as Act 191.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2419_TESTIMONY_CPN-EDT_02-07-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2419
PASSED: Senate Bill 2776 makes significant changes to the criminal justice system to reduce recidivism, decrease the prison population and strengthen public safety.
- Introducers: Tsutsui (Br)
- Committee referrals: PBM, JUD, FIN
- ACLU Position: SUPPORT. SB 2776 will bring more fairness to our criminal justice system by reducing excessively harsh sentencing policies that contribute to the over-incarceration of low-risk offenders.
- Outcome: Successful. Signed into law as Act 139.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2776_HD1_TESTIMONY_FIN_03-28-12_2_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2776
PASSED: Senate Bill 2866 establishes the Offender Reentry Office within the Department of Public Safety.
- Introducers: Tsutsui (Br)
- Committee referrals: PBM, FIN
- ACLU Position: SUPPORT. SB 2866 will bring more fairness to our criminal justice system by providing reintegration programs and policies that are more cost-efficient and effective at reducing recidivism than incarceration.
- Outcome: Successful. Signed into law as Act 76.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2866_SD1_TESTIMONY_PBM_03-21-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2866
PASSED: Senate Concurrent Resolution 10 supports the repeal of combat exclusionary rules.
- Introducers: Chun Oakland, Baker, Kim, Shimabukuro, Tokuda
- Committee referrals: PBM
- ACLU Position: SUPPORT. SCR10 will help to lessen gender discrimination against women in the military.
- Outcome: Successful. Adopted by the Senate.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SCR10_TESTIMONY_PGM_03-29-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SCR&billnumber=10
PASSED: Senate Resolution 6 will create programs that address the specific needs of women veterans and women on active duty.
- Introducers: Kidani, Baker, Chun Oakland, Shimabukuro, Tokuda, Fukunaga, Solomon
- Committee referrals: PGM
- ACLU Position: SUPPORT. SR 6 will help to lessen gender discrimination by giving women veterans the same benefits and services as male veterans and by addressing women’s needs, like creating programs to serve women veterans who experience military sexual trauma.
- Outcome: Successful. Adopted by the Senate.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SR6_TESTIMONY_PGM_03-15-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SR&billnumber=6
PASSED: House Bill 1755 allows for online voter registration.
- Introducers: Say (Br)
- Committee referrals: JDL, WAM
- ACLU Position: SUPPORT. HB 1755 will make it easier for people to register to vote and make their voice heard in the government by creating online voter registration.
- Outcome: Successful. Signed into law as Act 225.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1755_TESTIMONY_JUD_01-24-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1755
PASSED: House Bill 2232 requires health care providers and medical students to get patients’ consent before performing pelvic examinations on anesthetized and unconscious female patients.
- Introducers: Jordan, Belatti, Carroll, Evans, Hanohano, M. Lee, Marumoto, McKelvey, Mizuno, Morikawa, Pine, Riviere, Wooley, Yamane, Luke
- Committee referrals: HTH, JDL
- ACLU Position: SUPPORT. HB 2232 protects women’s privacy and basic human rights by prohibiting medical professionals from performing pelvic examinations on them without their permission.
- Outcome: Successful. Signed into law as Act 136.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2232_TESTIMONY_JDL_03-27-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2232
PASSED: House Bill 2569 fills in gaps in the law to ensure the rights of partners in a civil union.
- Introducers: Say (Br)
- Committee referrals: JDL/HTH
- ACLU Position: SUPPORT. HB 2569 will ensure that partners in a civil union are treated fairly and equally by the government. Note that ACLU did not support a provision in the bill that would have exempted religiously-affiliated organizations from the public accommodations law; that provision was removed.
- Outcome: Successful. Signed into law as Act 267.
- Testimony: http://acluhawaii.files.wordpress.com/2012/07/3-20-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2569
PASSED: House Bill 2848 creates a wellness center that incorporates native Hawaiian cultural practices in the rehabilitation process and allows prisoners to work on projects that benefit the local community.
- Introducers: Manahan, Cullen, McKelvey, Yamane, Hashem
- Committee referrals: PBM, HAW, WLO, FIN
- ACLU Position: SUPPORT. HB 2848 will cost-efficiently reduce recidivism, reduce over-incarceration, and help prisoners successfully transition back into the community once released.
- Outcome: Successful. Signed into law as Act 117.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2848_TESTIMONY_WAM_03-28-12_LATE.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2848
PASSED: House Bill 2515 gives drug offenders and certain other offenders the opportunity to qualify for probation.
- Introducers: Say (Br)
- Committee referrals: PGM/JDL, WAM
- ACLU Position: SUPPORT. HB 2515 will reduce overly harsh sentences and prevent over-incarceration by allowing more individuals who do not pose a risk to public safety to be given probation sentences instead of being sent to prison.
- Outcome: Successful. Signed into law as ACT 140.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2515_TESTIMONY_PBM_02-02-12_LATE_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2515
PASSED: House Concurrent Resolution 12 designates the fourth week of January as Reproductive Rights Awareness Week.
- Introducers: Evans, Belatti, Brower, Chong, Choy, Coffman, Hanohano, Herkes, Ichiyama, Keith-Agaran, C. Lee, M. Lee, Luke, Marumoto, McKelvey, Morikawa, Nakashima, Oshiro, Rhoads, Saiki, Say, Takumi, Thielen, Wooley, Yamashita, Souki
- Committee referrals: HTH
- ACLU Position: SUPPORT. HCR 12 is a great reminder of the importance of reproductive rights and will help ensure that the government respects and protects reproductive freedom.
- Outcome: Successful. Adopted by the House.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HCR12_TESTIMONY_HLT_02-24-12_.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HCR&billnumber=12
PASSED: House Concurrent Resolution 19 will create programs that address the specific needs of women veterans and women on active duty.
- Introducers: Ichiyama, Aquino, Belatti, Carroll, Cullen, Evans, Hanohano, Johanson, Jordan, Kawakami, M. Lee, Marumoto, McKelvey, Mizuno, Morikawa, Pine, Thielen, Ward, Yamane, Fontaine
- Committee referrals: PGM
- ACLU Position: SUPPORT. HCR 19 will give women veterans the same benefits and services as male veterans and address women’s needs, like programs that serve women veterans who experience military sexual trauma.
- Outcome: Successful. Resolution adopted by the House.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HCR19_TESTIMONY_PBM_03-29-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HCR&billnumber=19
PASSED: House Concurrent Resolution 99 will help to create a more efficient process for matching the DNA of known criminal offenders with evidence collected using DNA Rape Kits.
- Introducers: Evans
- Committee referrals: PGM/JDL
- ACLU Position: SUPPORT. HCR99 will lessen gender discrimination and bring justice to rape victims by creating a more efficient process to match the evidence found in DNA Rape Kits with individuals profiled in archives of known sexual offenders.
- Outcome: Successful. Resolution adopted by the House.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HCR99_TESTIMONY_JUD_04-02-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HCR&billnumber=99
PASSED: House Concurrent Resolution 115 asks the U.S. Congress to repeal mandatory military detention and indefinite detention provisions of the National Defense Authorization Act.
- Introducers: Ichiyama, Aquino, Cullen, M. Lee, Rhoads, Takumi, Yamashita, Luke, Souki
- Committee referrals: PGM/JDL
- ACLU Position: SUPPORT. This resolution will increase individuals’ due process rights and ensure that prisoners are given access to the courts.
- Outcome: Successful. Adopted by the House.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HCR115_TESTIMONY_PBM_03-29-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HCR&billnumber=115
PASSED: House Resolution 119 recognizes Hawaii as a human rights state.
- Introducers: Rhoads
- Committee referrals: JUD
- ACLU Position: SUPPORT. HCR 119 indicates that Hawaii is dedicated to holding the U.S. and state governments accountable to human rights and those rights guaranteed by the U.S. Constitution.
- Outcome: Successful. Adopted by the House.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HR119_TESTIMONY_JUD_04-02-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HR&billnumber=119
Bills That Became Law in 2012: Opposed by the ACLU of Hawaii
PASSED: Senate Bill 2222 prohibits sexting or possessing a nude image sent by a minor.
- Introducers: Hee
- Committee referrals: HUS, JUD
- ACLU Position: OPPOSE. SB 2222 may criminalize expression protected by the First Amendment, in that “nude” is not defined.
- Outcome: Unsuccessful. Signed into law as Act 213.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2222_Testimony_EDT_02-08-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2222
PASSED: Senate Bill 2650 increases the penalties for promoting drugs near a public housing project.
- Introducers: Kim, Chun Oakland, Espero, Fukunaga, Kidani, Ryan, Shimabukuro, Dela Cruz, Hee, Ige, Ihara, Kahele, Kouchi, Nishihara, Slom, Taniguchi, Tokuda
- Committee referrals: HSG, JUD
- ACLU Position: OPPOSE. SB 2650 will generate unnecessarily harsh sentences, tie judges’ hands in considering individual circumstances, create racial disparities in sentencing and empower prosecutors to force defendants to bargain away their constitutional rights. .
- Outcome: Unsuccessful. Signed into law as Act 23.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2650_SD1_TESTIMONY_HSG_03-14-12_.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2650
PASSED: Senate Bill 2825 allows health insurers access to individuals’ immunization records.
- Introducers: Tsutsui (Br)
- Committee referrals: HLT, CPC, FIN
- ACLU Position: OPPOSE. SB 2825 infringes on privacy rights by allowing health insurers to have access to individuals’ medical information without their consent. SB 2825 also makes it possible for health insurers to discriminate against individuals who choose not to receive immunizations.
- Outcome: Unsuccessful. Signed into law as Act 275.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2825_SD1_TESTIMONY_HLT_03-13-12_.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2825
PASSED: House Bill 2681 reduces the training and accreditation requirements for using TASERs or electric guns for Department of Land and Natural Resources officers.
- Introducers: Jordan, Okamura
- Committee referrals: PBM, WLO, FIN
- ACLU Position: OPPOSE. HB 2681 lessens the amount of training that law enforcement officers must undergo before using a TASER or electric gun, which increases the chances of TASERs being used excessively or incorrectly and unnecessarily harming the people of Hawaii.
- Outcome: Unsuccessful. Signed into law as Act 148.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2681_TESTIMONY_PBM_02-02-12_LATE_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2681
Other Bills Affecting Civil Liberties
PASSED: Senate Bill 2247 allows law enforcement to access cell phone information in an emergency.
- Introducers: Espero, Kidani, Nishihara, Ryan, Fukunaga, Gabbard
- Committee referrals: JUD, PBM, CPC
- ACLU Position: NO POSITION. The ACLU of Hawaii offered comments to SB 2247 requesting that increased safeguards be added to the bill to ensure the privacy of the phone owner and prevent misuse of the emergency exception (e.g. by an estranged husband, abusive boyfriend, or an over-bearing employer).
- Outcome: Successful. Amendments added. Signed into law as Act 94.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2247_SD2_TESTIMONY_JUD_03-13-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2247
PASSED: House Bill 2295 criminalizes cyberbullying.
- Introducers: Wooley, Keith-Agaran, Nishimoto, Rhoads, Takumi
- Committee referrals: EDT, JDL
- ACLU Position: NO POSITION. The ACLU recommended that “cyberbullying” be replaced with the term “cyberharassment” so that the bill will not unfairly target youth (as the term “cyberbullying” is commonly associated with youth).
- Outcome: Successful. Amended to address ACLU concerns. Signed into law as Act 192.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2295_HD1_Testimony_EDT_03-16-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2295
PASSED: House Bill 2600 amends state controlled substances laws to be consistent with federal laws.
- Introducers: Say (Br)
- Committee referrals: HTH/PGM
- ACLU Position: NO POSITION. ACLU originally opposed provisions in the bill that required physicians who recommend medical cannabis to be registered with the state and prohibited physicians from making house calls. These provisions unfairly single out medical cannabis for harsher treatment and infringe on physician’s First Amendment right to free speech by placing restrictions on where physicians may discuss medical cannabis with their patients.
- Outcome: Successfully removed the registration and house call requirements. Signed into law as Act 29.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2600_TESTIMONY_JUD_02-14-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2600
Bills and Resolutions Affecting Civil Rights That Did Not Pass in 2012
Criminal Justice, Prison and Drug Policy Reform
Senate Bill 2058 adds felonies that may be initiated by information charging.
- Introducers: Tsutsui (Br)
- Committee referrals: JUD
- ACLU Position: OPPOSE. The ACLU opposes SB 2058 because information charging may violate an individuals’ due process rights because it does not allow individuals to face their accuser or give their side of the story before a felony prosecution trial.
- Outcome: Successful. The Senate passed the bill, but the House Committee on Judiciary declined to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2058_TESTIMONY_JDL_01-31-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2058
Senate Bill 2225 increases the limitations and conditions regarding to in forma pauperis prisoner lawsuits.
- Introducers: Hee
- Committee referrals: PBM, JUD, FIN
- ACLU Position: OPPOSE. SB 2225 infringes on individuals’ due process rights by making it much harder for inmates who don’t have the funds to defend themselves in a court of law.
- Outcome: Successful. The Senate passed the bill, but the House Committee on Public Safety and Military Affairs deferred it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2225_TESTIMONY_PGM-JDL_01-31-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2225
Senate Bill 2248 establishes a compassionate release program that will allow low-risk and terminally ill inmates to be eligible for parole or early release.
- Introducers: Espero, Chun Oakland, Baker, Gabbard, Kidani, Ryan
- Committee referrals: PBM, HLT, JUD, FIN
- ACLU Position: SUPPORT. SB 2248 will reduce over-incarceration by releasing those prisoners who no longer pose sufficient safety threats to justify their continued incarceration.
- Outcome: Unsuccessful. The conference committee deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2248_SD2_TESTIMONY_PBM-LAB_03-15-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2248
Senate Bill 2250 establishes fairer sentences for parole violators.
- Introducers: Espero, Chun Oakland, Kidani, Baker, Gabbard, Ryan, Slom, Taniguchi
- Committee referrals: PBM, JUD, FIN
- ACLU Position: SUPPORT. SB 2250 will help prevent over-incarceration and recidivism by giving the Hawaii paroling authority more options to work with parolee offenders in the community through counseling or treatment services rather than immediately revoking parole and sending individuals who do not pose a risk to society back to prison.
- Outcome: Unsuccessful. The Senate passed the bill, but the House Committee on Finance declined to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2250_TESTIMONY_PGM_01-31-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2250
Senate Bill 2253 creates a two-year high-intensity parole supervision pilot program.
- Introducers: Espero, Baker, Fukunaga, Gabbard, Ryan
- Committee referrals: PBM, FIN
- ACLU Position: SUPPORT. SB 2253 will help prevent recidivism and over-incarceration by giving parolees the support they need to successfully reintegrate back into the community.
- Outcome: Unsuccessful. The Senate passed the bill, but the House Committee on Public Safety and Military Affairs deferred it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2253_TESTIMONY_PGM-JDL_01-31-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2253
Senate Bill 2304 improves the procedures for eyewitness identification in live lineups and photo lineups of potential suspects.
- Introducers: Shimabukuro, Gabbard, Ihara
- Committee referrals: JUD, FIN
- ACLU Position: SUPPORT. SB 2304 will improve Hawaii’s eyewitness identification procedures by requiring the use of scientific
standards, decrease the rate of wrongful convictions and increase our ability to convict those who are truly guilty. - Outcome: Unsuccessful. The Senate passed the bill, but the House Committee on Finance deferred it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2304_TESTIMONY_JDL_02-07-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2304
Senate Bill 2450 establishes mandatory minimum prison terms for certain offenses against persons 60 years of age or older.
- Introducers: Chun Oakland
- Committee referrals: HMS, JDL
- ACLU Position: OPPOSE. SB 2450 will generate unnecessarily harsh sentences, tie judges’ hands in considering individual circumstances and empower prosecutors to force defendants to bargain away their constitutional rights. .
- Outcome: Successful. The Senate Committee on Judiciary and Labor deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2450_SD1_TESTIMONY_JDL_02-22-12_LATE.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2450
Senate Bill 2728 allows federal law enforcement officers to make arrests under state law.
- Introducers: Tsutsui
- Committee referrals: PGM, JDL
- ACLU Position: OPPOSE. SB 2728 unnecessarily expands police power and infringes on the due process rights of individuals by giving federal officers the right to arrest without a warrant and on the basis of a pretext to engage in racial profiling for immigration violations.
- Outcome. Successful. The Senate Committee on Judiciary and Labor declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2728_TESTIMONY_PGM_02-09-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2728
Senate Bill 2735 requires prisoners to exhaust all administrative options within sixty days of filing a complaint regarding prison conditions before bringing a civil court action.
- Introducers: Tsutsui (Br)
- Committee referrals: PGM, JDL
- ACLU Position: OPPOSE. SB 2735 will dangerously increase the power of prison officials and prevent legitimate legal claims from reaching the courts by requiring prisoners to try all administrative options to improve their prison conditions before bringing the issue to the court’s attention.
- Outcome: Successful. The Senate Committee on Judiciary and Labor declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2735_TESTIMONY_PGM_02-09-12_LATE.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2735
Senate Bill 2777 allows second time offenders for certain drug offenses to be eligible for probation.
- Introducers: Tsutsui (Br)
- Committee referrals: PGM, JDL
- ACLU Position: SUPPORT. SB 2777 will help reduce recidivism and over-incarceration by allowing more individuals who do not pose a risk to society to be eligible for probation.
- Outcome: Unsuccessful. The Senate Committee on Judiciary and Labor deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2777_TESTIMONY_PGM_01-31-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2777
Senate Bill 2900 establishes time limits for filing habeas corpus complaints and limits successive complaints.
- Introducers: Kahele, Galuteria, Espero, Green, Kidani
- Committee referrals: JUD, FIN
- ACLU Position: OPPOSE. SB 2900 jeopardizes an individual’s right to a fair trial by limiting habeas corpus complaints and successive complaints.
- Outcome: Successful. The Senate passed the bill, but the House Committee on Judiciary deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2900_TESTIMONY_JDL_02-22-12_LATE.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2900
Senate Bill 2955 authorizes probation officers to carry and use electric guns.
- Introducers: Slom, Espero, Galuteria, Ryan, Shimabukuro, Wakai
- Committee referrals: PGM, WAM
- ACLU Position: OPPOSE. SB 2955 may lead to an unnecessary and dangerous expansion of police power and cruel and unusual punishment violations through the abuse of electric guns because the measure lacks clear usage policies for electric guns and TASERs.
- Outcome: Successful. The Senate Committee on Ways and Means declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2955_TESTIMONY_PGM_02-09-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2955
Senate Bill 3016 creates a wellness center that incorporates native Hawaiian cultural practices in the rehabilitation process and allows prisoners to work on projects that benefit the local community.
- Introducers: Galuteria
- Committee referrals: PBM, HAW, FIN
- ACLU Position: SUPPORT. SB 3016 will cost-efficiently reduce recidivism, prevent over-incarceration, and help prisoners successfully transition back into the community once released.
- Outcome: Unsuccessful. The Senate passed the bill, but the House Committee on Public Safety and Military Affairs declined to hear it. See HB 2848.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB3016_SD2_TESTIMONY_PBM-LAB_03-15-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=3016
Senate Bill 3060 makes it a felony for convicted child sexual offenders to live near a school.
- Introducers: Tokuda
- Committee referrals: HMS, JDL
- ACLU Position: OPPOSE. Residency restrictions for registered offenders do not affect the likelihood of re-offense and actually jeopardize public safety by causing registered offenders to go “underground” and stop complying with reporting requirements in order to stay in their area of residence.
- Outcome: Successful. The Senate Committee on Judiciary and Labor declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB3060_TESTIMONY_HMS_02-14-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=3060
Senate Concurrent Resolution 6 places low-risk offenders into community re-integration programs.
- Introducers: Solomon, Baker, Chun Oakland, Kidani, Shimabukuro, Tokuda, Fukunaga, Kim, Ryan
- Committee referrals: PBM, FIN
- ACLU Position: SUPPORT. SCR 6 will reduce recidivism and over-incarceration by establishing programs that will help low-risk offenders successfully transition back into the community.
- Outcome: Unsuccessful. The Senate passed the bill, but the House Committee on Public Safety and Military Affairs declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SCR6_TESTIMONY_PGM_03-15-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SCR&billnumber=6
House Bill 573 makes sexting a misdemeanor.
- Introducers: Cullen, Aquino, Cabanilla, Choy, Manahan, McKelvey, Yamane, Hashem
- Committee referrals: JUD
- ACLU Position: OPPOSE. HB 573 fails to define “nude” and may criminalize expression protected by the First Amendment.
- Outcome: Successful. The House Committee on Judiciary deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB573_TESTIMONY_JUD_01-26-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=573
House Bill 1771 adds to those felonies that may be initiated by information charging.
- Introducers: Say (Br)
- Committee referrals: JDL
- ACLU Position: OPPOSE. The ACLU opposes HB 1771 because information charging may be potentially unconstitutional because it infringes on an individuals’ due process rights by not allowing them to face their accuser or give their side of the story before it is decided whether to have a trial for a felony prosecution.
- Outcome: Successful. House and Senate Conference Committees declined to pass the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1771_TESTIMONY_JUD_02-07-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1771
House Bill 1794 increases the punishment for entering and remaining unlawfully in a state or federal low-income public housing project.
- Introducers: Cabanilla, Carroll, Ching, Mizuno, Pine, Souki, Wooley, Chang, Cullen, Ichiyama
- Committee referrals: HSG, JUD
- ACLU Position: OPPOSE. HB 1794 is unnecessary because the police already have the authority to physically arrest those charged with Simple Trespass. Making entering and remaining unlawfully in state and federal low-income public housing punishable by criminal trespass in the 1st degree will only result in overly harsh punishments, over-incarceration, and wasted state money.
- Outcome: Successful. The House Committee on Judiciary declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1794_TESTIMONY_HSG_02-08-12_.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1794
House Bill 1963 changes the registration and possession requirements for medical cannabis.
- Introducers: Yamane, Aquino, Cullen
- Committee referrals: PBM/HLT, JUD, FIN
- ACLU Position: OPPOSE. HB 1963 unconstitutionally singles out medical cannabis for harsher treatment than other controlled substances and decreases the medical conditions that allow patients to be eligible for the medical cannabis program. Limiting the amount of allowable plants in any location may also create dilemmas for patients by making them choose between living with family members and access to medical cannabis.
- Outcome: Successful. The House Committee on Judiciary declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1963_TESTIMONY_PBM-HLT_02-02-12_.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1963
House Bill 1985 provides compensation and services to individuals who were wrongfully convicted of a crime and imprisoned.
- Introducers: Say (Br)
- Committee referrals: JUD, FIN
- ACLU Position: SUPPORT. HB 1985 helps protect wrongfully convicted individuals and also saves resources by eliminating litigation costs for individuals who want to receive compensation from the justice system.
- Outcome: Unsuccessful. The House Committee on Judiciary deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1985_TESTIMONY_JUD_02-02-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1985
House Bill 2472 makes sexting by minors a misdemeanor offense.
- Introducers: Say (Br)
- Committee referrals: HUS, JUD
- ACLU Position: OPPOSE. HB 2472 fails to define “nude” and may criminalize expression protected by the First Amendment.
- Outcome: Successful. The House Committee on Judiciary declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2472_TESTIMONY_HUS_02-06-12_.PDF.
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2472.
House Bill 2514 increases the membership of the Hawaii paroling authority.
- Introducers: Say (Br)
- ACLU Position: SUPPORT. HB 2514 will make our criminal justice system fairer and less biased. The ACLU of Hawaii recommended that the measure be amended to reduce the maximum prison time for parole violations to ninety days in order to prevent overly harsh sentencing and over-incarceration.
- Outcome: Unsuccessful. The House and the Senate Conference Committees did not pass the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2514_TESTIMONY_PBM_02-02-12_.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2514
House Bill 2736 prohibits promoting a controlled substance in federal or state public housing projects and complexes.
- Introducers: Keith-Agaran, Aquino, Cabanilla, Choy, Cullen, Johanson, Manahan, Nishimoto, Rhoads, Souki, Yamane, McKelve
- ACLU Position: OPPOSE. HB 2736 will generate unnecessarily harsh sentences, tie judges’ hands in considering individual circumstances, create racial disparities in sentencing and empower prosecutors to force defendants to bargain away their constitutional rights. .
- Outcome: Successful. The House passed the bill but the Senate Committee on Judiciary and Labor decline to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2736_HD1_TESTIMONY_HMS_03-13-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2736
House Resolution 91 creates a task force to provide compensation and services to wrongfully convicted and imprisoned individuals.
- Introducers: Keith-Agaran, Hanohano, C. Lee, Luke, Rhoads
- ACLU Position: SUPPORT. HR 91 helps protect the rights of wrongfully convicted individuals.
- Outcome: Unsuccessful. The House Committee on Finance declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HR91_TESTIMONY_JUD_04-02-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HR&billnumber=91
LGBTIQ Rights
Senate Bill 3039 will ban health care providers from deny patients organ donations solely on the basis of their HIV/AIDS/ARC status.
- Introducers: Espero
- ACLU Position: SUPPORT. SB 3039 protects the civil rights of HIV/AIDS patients by preventing health care providers from using religion to discriminate against them by denying these patients organ donations.
- Outcome: Unsuccessful. The Senate and House conference committees declined to approve the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB3039_HD1_TESTIMONY_JUD_03-27-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=3039
Senate Concurrent Resolution 58 will request health care providers to consider patients with HIV, ARC, and AIDS.
- Introducers: Espero
- ACLU Position: SUPPORT. SCR 58 protects the civil rights of HIV/AIDS/ARC patients by preventing health care providers from using religion to discriminate against them by denying these patients organ donations.
- Outcome: Unsuccessful. The Senate Committee on Health deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SCR58_TESTIMONY_HTH_03-19-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SCR&billnumber=58
Senate Concurrent Resolution 104 requests the BOE and DOE to enforce anti-harassment policies in public schools.
- Introducers: Kidani, Baker, Chun Oakland, Galuteria, Green, Ryan, Tokuda, Dela Cruz, English, Gabbard, Ihara, Kouchi, Slom, Solomon, Taniguchi
- ACLU Position: SUPPORT. SCR 104 protects the civil rights of children in public education and promotes nondiscrimination by enforcing anti-bullying polices.
- Outcome: Unsuccessful. The Senate passed the bill, but the House Committee on Education declined to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SCR104_TESTIMONY_EDU_03-23-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SCR&billnumber=104
House Bill 2227 requires the Department of Health to create new birth certificates for transgender individuals.
- Introducers: M. Lee, Evans, Hanohano, Jordan, McKelvey, Morikawa, Pine, Thielen, Belatti, Carroll, Ichiyama, Kawakami, Luke
- ACLU Position: SUPPORT. HB 2227 protects the civil rights of transgender individuals who need birth certificates that accurately indicate their true gender and reflect the individualized nature of transgender health care.
- Outcome: Unsuccessful. The House and Senate Conference Committees declined to pass the measure.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2227_TESTIMONY_HLT_02-03-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2227
Youth Rights
Senate Bill 2542 changes the requirements for a student to attend a school outside of the student’s district.
- Introducers: Tokuda, Kidani, Baker, Chun Oakland, English, Espero, Fukunaga, Galuteria, Kahele, Kim, Nishihara, Ryan, Slom, Taniguchi, Tsutsui, Wakai
- ACLU Position: SUPPORT. SB 2542 protects the rights of homeless youth to equal access to a public education.
- Outcome: Unsuccessful. The Senate passed the bill, but the House Committee on Finance declined to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2542_TESTIMONY_EDU_01-30-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2542
Senate Concurrent Resolution 78 requires schools to review and improve their attendance policies.
- Introducers: Tokuda, Chun Oakland, Kidani, Nishihara
- ACLU Position: SUPPORT. SCR 78 protects the rights of the homeless and low-income families by encouraging the DOE create policies that will ensure equal access to education and educational success.
- Outcome: Unsuccessful. The Senate passed the resolution, but the House Committee on Education declined to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SCR78_TESTIMONY_EDU_03-23-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SCR&billnumber=78
First Amendment Rights
House Bill 2016 allows the news and broadcast media to shield a journalist from having to testify or reveal their sources.
- Introducers: Saiki
- ACLU Position: OPPOSE. Although HB 2016 protects compensated members of the news and broadcast media, HB 2016 infringes on an individual’s right to freedom of speech and freedom of the press because it does not shield journalists or bloggers who are not paid for their work. The measure should be expanded to include all published media, whether in print, broadcast media, or on the Internet
- Outcome: Successful. The House Committee on Judiciary deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2016_TESTIMONY_JUD_02-02-12_.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2016
Immigrants’ Rights
House Bill 1457 allows undocumented students at the University of Hawaii pay resident tuition and apply for financial aid.
- Introducers: Chong
- ACLU Position: SUPPORT. HB 1457 protects immigrants’ rights by allowing undocumented immigrants to have easy access to affordable public secondary education.
- Outcome: Unsuccessful. The House passed the bill, but the Senate Committee on Ways and Means declined to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1457_TESTIMONY_EDU_03-19-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1457
House Bill 1674 allows undocumented immigrants at the University of Hawaii to pay resident tuition and apply for financial aide and other University programs.
- Introducers: Takumi, Nishimoto
- ACLU Position: SUPPORT. HB 1674 protects immigrants’ rights by allowing undocumented immigrants to have easy access to affordable public secondary education.
- Outcome: Unsuccessful. The House Committee on Finance deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1674_TESTIMONY_HED_01-31-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1674
House Bill 2053 allows undocumented immigrants at the University of Hawaii and Hawaii state community colleges to pay resident tuition and receive scholarships from non-state funds.
- Introducers: Takai, Belatti, Brower, C. Lee, M. Lee, Morikawa, Nakashima, Nishimoto, Okamura, Takumi, Saiki
- ACLU Position: SUPPORT. HB 2053 protects immigrants’ rights by allowing undocumented immigrants to have equal access to affordable public secondary education and receive scholarships.
- Outcome: Unsuccessful. The House Committee on Higher Education deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2053_TESTIMONY_HED_01-31-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2053
Parental and Family Rights
Senate Bill 2301 allows grandparents receive visitation rights from family court.
- Introducers: Chun Oakland, Fukunaga, Green, Ige, Shimabukuro, Nishihara
- ACLU Position. NO POSITION. Although the ACLU supports the loving and beneficial relationships can result from a child’s interaction with their grandparents, to protect fundamental parental rights, the ACLU recommends that SB 2301 be amended to require clear and convincing evidence that the denial of visitation rights would significantly harm the child.
- Outcome: Unsuccessful. The Senate Committee on Judiciary and Labor declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2301_TESTIMONY_HMS_01-31-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2301
Privacy and Technology Rights
Senate Bill 2121 allows someone to file a petition that recommends another individual to enter involuntary psychiatric hospitalization.
- Introducers: Chun Oakland, Baker, Espero, Fukunaga, Galuteria, Ihara, Shimabukuro
- ACLU Position: OPPOSE. SB 2121 is unconstitutional because it eliminates the requirement that the person in question be “imminently” dangerous to him/herself and others. SB 2121 may result in individuals who are not a threat to themselves or others being involuntarily placed in psychiatric hospitalization for an indefinite amount of time.
- Outcome: Successful. The Senate passed the bill, but the joint House Committee on Health and Human Services deferred it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2121_TESTIMONY_WAM_02-24-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2121
Senate Bill 2333 restricts driver’s license scanning by private businesses.
- Introducers: English, Baker, Chun Oakland, Kidani, Dela Cruz, Espero, Fukunaga, Gabbard, Galuteria, Ige, Kahele, Kim, Kouchi, Nishihara, Solomon, Tokuda, Wakai
- ACLU Position: SUPPORT. SB 2333 protects individuals’ privacy rights by putting limitations on when businesses can scan the information contained in a driver’s license or state identification card and making it illegal for businesses to retain or sell the information to a third-party.
- Outcome: Unsuccessful. The Senate Committee on Judiciary and Labor declined to hear the bill. See SB 2419.
- *Note: Although the original draft of SB 2333 related to homeowner and motor vehicle insurance, the Senate Committee on Transportation and International Affairs substituted the contents of the measure to make the bill apply to the regulation of the scanning of driver’s licenses and state identification cards.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2333_TESTIMONY_TIA_01-30-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2333
Senate Concurrent Resolution 15 urges the U.S. Congress to enact legislation that protects the privacy of air travelers.
- Introducers: Slom
- ACLU Position: SUPPORT. SCR 15 will protect individuals’ civil liberties and privacy rights by helping stop the non-targeted use of full body scanners on air travelers.
- Outcome: Unsuccessful. The Senate passed the bill, but the House Committee on Transportation declined to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SCR15_TESTIMONY_TIA-PGM_03-19-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SCR&billnumber=15
House Bill 621 changes the voter registration requirement to include only the last four digits of the person’s social security number on the application to register affidavit.
- Introducers: Evans
- ACLU Position: SUPPORT. HB 621 will protect voter privacy, prevent identity theft, and make registering to vote easier by not requiring individuals to write their entire social security number on the application to register affidavit.
- Outcome: Unsuccessful. The House Committee on Judiciary deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB621_TESTIMONY_JUD_01-24-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=621
House Bill 1776 allows law enforcement and public safety agencies to access cell phone information in an emergency.
- Introducers: Say (Br)
- ACLU Position: OPPOSE. HB 1776 gives overly broad powers to law enforcement and service providers and violates Hawaii’s residents’ privacy by not requiring law enforcement to obtain a warrant based on probable cause before seeking cell phone information and not containing any provisions that ban communication service providers from giving out consumer information in any other situation.
- Outcome: Successful. The measure passed in the House but the Senate Committee on Public Safety, Government Operations, and Military Affairs and the Senate Committee on Commerce and Consumer Protection declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1776_TESTIMONY_JUD_02-03-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1776
House Bill 1850 restricts driver’s license scanning by private businesses.
- Introducers: Souki, Ichiyama, Keith-Agaran, Rhoads, Yamane, Herkes
- ACLU Position: SUPPORT. HB 1850 protects individuals’ privacy rights by putting limitations on when businesses can scan the information contained in a driver’s license or state identification card and making it illegal for businesses to retain or sell the information to a third-party.
- Outcome: Unsuccessful. The House Committee on Transportation deferred the bill. See SB 2419.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1850_TESTIMONY_TRN_02-08-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1850
House Bill 1885 requires random drug testing on any tenant or applicant of federal or state low-income housing.
- Introducers: Cabanilla, Ito, Mizuno, Awana, Chang, Nakashima
- ACLU Position: OPPOSE. HB 1885 infringes on an individuals’ privacy rights by requiring public housing tenants and applicants to undergo a search as a condition of eligibility in violation of their 4th Amendment rights.
- Outcome: Successful. The House Committee on Judiciary declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB1885_TESTIMONY_HSG_01-25-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1885
House Bill 2011 establishes new procedures for the examination and involuntary hospitalization of individuals into psychiatric facilities.
- Introducers: Keith-Agaran, Rhoads
- ACLU Position: OPPOSE. HB 2011 infringes on individuals due process and privacy rights by eliminating judicial oversight and allowing a physician to conduct an involuntary examination of an individual without a warrant that could force an individual to receive “treatment” without his/her consent.
- Outcome: Successful. The House Committee on Finance declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2011_TESTIMONY_HLT_01-24-12_LATE_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2011
House Bill 2288 requires Internet service providers to keep consumer records for at least two years.
- Introducers: Mizuno, Ito, Manahan, Awana, Har, M. Lee, Nishimoto
- ACLU Position: OPPOSE. HB 2288 infringes on an individuals’ privacy rights by mandating that service providers keep customers internet history.
- Outcome: Successful. The House Committee on Economic Revitalization and Business deferred the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2288_TESTIMONY_ERB_01-26-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2288
House Bill 2309 restricts driver’s license scanning by private businesses.
- Introducers: Chong, Cullen, Hashem, Ichiyama, Jordan, Keith-Agaran, Morikawa, Tsuji, Yamashita, Say
- ACLU Position: SUPPORT. HB 2309 protects individuals’ privacy rights by putting limitations on when businesses can scan the information contained in a driver’s license or state identification card and making it illegal for businesses to retain or sell the information to a third-party.
- Outcome: Unsuccessful. The measure passed in the House but the joint Senate Committee on Commerce and Consumer Protection and Economic Development and Technology declined to hear the bill. See SB 2419.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2309_TESTIMONY_TRN_02-08-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2309
Women’s Rights
Senate Bill 2573 requires employers to provide a clean location for employees to express breast milk in privacy.
- Introducers: Chun Oakland, Baker, Fukunaga, Shimabukuro, Tokuda
- ACLU Position: SUPPORT. SB 2573 protects women’s reproductive and privacy rights by making it possible for women to still work while expressing breast milk and giving them a clean and private location to express breast milk.
- Outcome: Unsuccessful. The Senate Committee on Ways and Means declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2573_TESTIMONY_JDL_02-09-12_LATE.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2573
Senate Bill 2578 prohibits medical professionals from performing pelvic examinations on anesthetized or unconscious female patients without their consent.
- Introducers: Baker, Chun Oakland, Kidani, Shimabukuro, Tokuda, Fukunaga, Kim
- ACLU Position: SUPPORT. SB 2578 protects women’s privacy and basic human rights by prohibiting medical professionals from performing pelvic examinations on them without their permission.
- Outcome: Unsuccessful. The Senate Committee on Judiciary and Labor declined to hear the bill. See HB 2232.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SB2578_TESTIMONY_HTH_2-10-12.pdf
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2578
Senate Concurrent Resolution 5 will create programs that address the specific needs of women veterans and women on active duty.
- Introducers: Kidani, Baker, Chun Oakland, Shimabukuro, Tokuda, Fukunaga, Ryan, Solomon
- ACLU Position: SUPPORT. SCR 5 will help give female veterans the same benefits and services as male veterans by addressing female needs, like creating programs that protect women veterans who experience military sexual trauma.
- Outcome: Unsuccessful. The Senate passed the resolution, but the House Committee on Public Safety and Military Affairs declined to hear it. See SR 6.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/SCR5_TESTIMONY_PGM_03-15-12.pdf
- Summary: http://www.capitol.hawaii.gov/committees/committees.aspx?chamber=all
House Bill 127 requires hospitals to provide sexual assault victims with information and access to emergency contraception.
- Introducers: Morita, Awana, Belatti, Hanohano, Ichiyama, M. Lee, Luke, Marumoto, Morikawa, Thielen, Evans
- ACLU Position: SUPPORT. HB 127 sought to end the use of religion to discriminate, lessen sex discrimination, ensure reproductive freedom, and allow women to make informed and unbiased decisions free from government interference about whether and when to become a parent.
- Outcome: Unsuccessful. The House Committee on Finance declined to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB127_HD1_TESTIMONY_JUD_01-24-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=127
House Bill 2228 requires employers to provide a clean location for employees to express breast milk in privacy.
- Introducers: Marumoto, Carroll, Evans, Hanohano, M. Lee, McKelvey, Morikawa, Thielen, Yamane, Aquino, Belatti, Ichiyama, Jordan, Kawakami, Luke
- ACLU Position: SUPPORT. HB 2228 protects women’s reproductive and privacy rights by making it possible for women to still work while expressing breast milk and giving them a clean and private location to express breast milk.
- Outcome: Unsuccessful. The House passed the bill, but the Senate Committee on Ways and Means declined to hear it.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HB2228_TESTIMONY_LAB_01-31-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2228
Voting Rights
- House Resolution 125 creates a task force to improve voter registration and voter turnout in Hawaii.
- Introducers: Keith-Agaran, Belatti, Brower, Choy, C. Lee, Luke, McKelvey, Nakashima, Nishimoto, Rhoads, Saiki, Souki, Takai, Takumi, Wooley, Yamashita
- ACLU Position: SUPPORT. HR 125 will increase voter participation in Hawaii by identifying and eliminating barriers to exercising the right to vote.
- Outcome: Unsuccessful. The House Committee on Finance declined to hear the bill.
- Testimony: http://www.capitol.hawaii.gov/session2012/Testimony/HR125_TESTIMONY_JUD_04-02-12_.PDF
- Summary: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HR&billnumber=125
