As the conclusion of the 2023 legislative session recedes into the rearview, I’ve been contemplating its successes and failures. This past session, perhaps more than most was largely a disappointment. Certainly, every session leaves advocates and Capitol regulars with the bitter taste of at least some disappointment, but this year felt different.

There was a somewhat higher level of drama and dysfunction than in recent memory.

The Good

What follows are just some highlights. There are certainly other good bills that passed. For the sake of brevity, I’m declining to include them all here.

The Shield Law

Despite the drama and dysfunction, this session saw some things worth celebrating.

Something that didn’t get a lot of attention is HB1502 Relating to Evidence. Known colloquially as the “Shield Law” HB1502 “limits compelled disclosure of sources or unpublished information for journalists, newscasters, and persons participating in collection or dissemination of news or information of substantial public interest.”

This is an issue I worked on several years back when we tried to codify these protections. It passed previously with a sunset provision. But as the law’s expiration approached, there was opposition from then-Senate Judiciary Chair Clayton Hee to make the law permanent and it died quietly. Thankfully, this year there was no such opposition and the bill moved quickly and quietly through the legislature.

Doubling of Tax Credits

It’s certainly true that the legislature didn’t do nearly enough for working families. However, HB961 Relating to Taxation provides some relief. The bill doubles the refundable Earned Income Tax Credit (EITC) that folks can claim. It also provides substantial increases for the household and dependent care services tax credit and the food/excise tax credit. All very good things.

Unfortunately, the money chairs saw fit to put sunsets on all of them. So while these are great benefits for working people, advocates will have to come back in five years to fight for them all over again. Or see them expire.

Protecting Access to Abortions

Despite a super-majority of Democrats in the Legislature, this issue appeared to stall initially. The staggering cowardice of House Leadership informed any lack of movement in the early days of the legislature. So much so that this critical issue was not included in the Women’s Legislative Caucus list of priorities for the session.

Luckily, the Senate displayed no such cowardice and moved a bold bill and placed it squarely at the feet of the House. SB1 Relating to Health Care is a massive 45-page bill that both protects and expands critical access to abortion services in Hawaii. The bill:

• Clarifies that the State shall not deny or interfere with a pregnant person’s right to choose to (1) obtain an abortion or (2) if necessary to protect the life or health of the patient terminate the pregnancy.
• Prohibits of the issuance of a subpoena in connection with an out-of-state or interstate proceeding relating to reproductive health care services legally performed in the State.
• Prohibits agencies from providing information or expending resources in the furtherance of out-of-state or interstate investigations or proceedings relating to reproductive health care services.
• Requires the Governor to deny any demand for surrender of a person charged with a crime involving reproductive health care services unless the conduct constitutes a crime in the State or is made under Article IV, section 2, of the U.S. Constitution.
• Prohibits the issuance of a summons for persons to testify in another state with regard to lawful reproductive health care services.
• Amends the definition of “medical care and services” so that a minor may consent to receive abortion care without any other person’s consent.

The bill was signed into law by Governor Green on March 22.

Good Government Stuffs

Higher-profile items, like publicly funded elections and term limits (which I oppose), didn’t cross the finish line this year. Nonetheless, there are some government reform bills worthy of the spotlight.

Among my favorites is HB137 Relating to Lobbyists. The bill “requires the statement of expenditures filed by lobbyists and other persons who engage in lobbying activities to include certain information on the identity of the legislative or administrative action that was commented on, supported by, or opposed by the person filing the statement during the statement period.”

That means lobbyists must disclose not only from whom they are working but also on what issue they are working and what position they are advocating.

This is a huge leap in transparency.

There’s also HB141 Relating to Financial Disclosures. It requires legislators to include within their financial disclosures the names of lobbyists with whom they have a relationship. When this law goes into effect in January 2025 it will help shine a light on all these relationships.

Finally, SB1493 Relating to Lobbyists “prohibits, during legislative sessions and shortly before and after, lobbyist contributions and expenditures, and promises of contributions or expenditures, to any elected official, candidate, candidate committee, or individual who is required to file an organizational report with the Campaign Spending Commission.”

SB1493 is, for me, one of those bills that looks great on paper. However, I don’t believe this bill will move the needle in any substantive way.

Contributions and expenditures right before, during, and right after session are easy enough to curb. However, “promises” would be virtually impossible to track or regulate in any meaningful way. What this bill does more than anything else is; hamstring challenger candidates’ fundraising efforts thereby hurting their competitive chances. And, two, it simply pushes out fundraising for incumbents outside that prohibitive window. Make no mistake, this will not reduce the influence of lobbyists or their money on legislators or the legislative process.

It can be argued that it is marginally better to have the law on the books than not.

The Bad

I’m not sure there’s a long list of bad bills that passed. Rather, there is an extensive list of bills that failed to pass. Those will be mostly what I cover here. With the exception, of course, of the budget.

HB300 HD1 SD1 CD1

Overall, the budget process was a five-month, slow-moving train wreck. Rather than get into that here, I’ll circle back further down in the post.

The budget is the most important piece of legislation passed every year, is a snapshot of priorities. It is often called “a moral document.” This year, it was fairly clear what the legislature’s “moral” priorities were.

For starters, a massive portion of the state’s $2-plus billion surplus was set aside into the rainy day fund. I’m not against planning for economic thunderstorms, but the reserve already had approximately $1 billion stashed within it. The $500 million this year and next could have been put to far better use. Even in terms of strengthening the economy for future hard times.

From housing to mental health services to establishing a public paid family leave program and more, the list of alternative spending options is virtually endless.

Or public education. HB300 reduced the budget for Hawaii’s public schools by $167 million and the University of Hawaii by $95 million. This on top of the fact that both were already dramatically underfunded.

The bill also includes $50 million for a “First Responders Technology Campus” which nobody wants. Even Hawaii’s law enforcement agencies, including Honolulu Police Department. Only Senator Dela Cruz seems eager. A separate bill appropriating funds for the campus died early in the session, but that didn’t stop money from being appropriated anyway.

I hope Governor Green either red-lines this item or simply doesn’t release funds for it. It’s a massive waste of money for a thing nobody wants.

There’s also the $200 million “slush fund” that was added after the conference committee voted on the bill.

Henry Curtis, in his Ililani Media blog, suggests the final version of HB300 may be unconstitutional under the “gut and replace” prohibition the State Supreme Court established in a recent ruling.

While I’m not sure the bill violates the “gut and replace” prohibition. However, there may be grounds to challenge the bill on other grounds. That members were not able to see the bill before voting on it in Conference Committee may be a violation of the law. That the $200 million “slush fund” was added after the CD1 was voted in committee certainly raises red flags that could be raised in court.

Cannabis Legalization

There was hope 2023 would be the year Hawaii finally approves recreational cannabis use for adults. Creating a legal, consumer market for cannabis would mean at least tens of millions of dollars in tax revenues. Not to mention the money saved in expungements and reduction in jail populations.

HB237 was a great bill that would have created a strong local market for local business owners and local farmers. It would have prioritized the new industry for Native Hawaiians to benefit.

Unfortunately, per usual, the House of Representatives, particularly the House Speaker, was made terrified by an imaginary backlash from voters and a rejection by the police union.

And despite it being a campaign priority for Governor Green, neither he nor his departments spent any political capital on the issue. In fact, both his Attorney General and the Department of Health repeatedly testified in opposition.

Only at the end of session, after the bill was undeniably dead, did his Attorney General say they supported legalization. She said she would work with departments and stakeholders to draft a new bill for next year.

Paid Family Leave & Sick Leave

SB360 and SB342, respectively, were strong bills for paid family and paid sick leave. House companions failed to move at all. The Senate moved their versions of the bills. Ultimately though, neither made their way to conference. Let alone to the Governor’s desk.

Both of these leave programs have been a priority for working family advocates for years. Family leave received some focus and energy a few years back, only to be, again and again, converted to studies. This year was no different.

After two comprehensive studies performed by the State, the legislature still can’t seem to grasp the concept. Or, they do, but rather than enact the program into law, they punt saying more information is needed. As such, there’s no way to interpret the legislature’s inaction on family leave as anything other than incompetence or indifference. You can decide which.

Sick leave has received less attention in the past. But in the wake of the COVID-19 pandemic, the need for a strong sick leave program seems obvious to anyone who was paying attention. In this case, it would seem the concept was too complicated for the Senate Labor Chair. It was similarly converted to a study to be conducted by the Department of Labor and Industrial Relations (DLIR).

Despite the need for these benefits for working families, the Legislature continues to display its pro-business, neoliberal bent.

The Ugly

Virtually every session sees some level or form of drama. Some more than others. This year was no exception.

Drama followed not only the budget bill but also a fairly innocuous bill to exempt midwives from licensure requirements.

The Conference Shit Show

As I mentioned above, this year’s budget process was a slow-moving train wreck. Most of that, in my opinion, can be attributed to the new Chair of House Finance.

As HB300 and numerous appropriation bills moved to conference, Chair Yamashita saw fit to hold everything hostage until nearly the last minute. So controlling (or inexperienced) is the new FIN Chair, that conferees for that long list of money bills were not appointed for more than a week following the opening of conference.

So, rather than three weeks, the Legislature was forced to complete its conference work in less than two.

That led to a lot of good bills dying, as well as a level of chaos and dysfunction not seen in the building for a number of years. This included a “cattle call” on the last day of conference.

I was in there during the final chaos. In a room filled with approximately 200 people; legislators, administration officials, and advocates. I imagine hundreds more watch in dismay on YouTube.

Because of the final crunch chaos, votes were taken hastily. Members largely weren’t afforded an opportunity to know the details of what they were voting for.

And, at least with respect to the budget, we know that previously undiscussed provisions were added after the fact. The result was a whole lot of unhappy legislators and numerous calls for the replacement of Yamashita as the Finance Chair. What’s more, it was the first time I can recall when there were multiple “no” votes and floor speeches against the State Budget.

A Senseless Hill to Die On

A little less than halfway through the session, the death of a bill to which few were paying attention caused a row.

The effort to exempt midwives from licensing requirements wasn’t a new issue a the Capitol. Those who support the bill have appeared in above-average numbers in previous years. And while its death in the past resulted in little more than loudly disappointed advocates, this year the issue came to a head.

Led by freshman progressive Natalia Hussey-Burdick, advocates started down a dangerous path by sitting in protest in Chair Yamashita’s office. The Finance Chair, for whatever reason, chose not to schedule the bill for a hearing, rankling supporters.

Hussey-Burdick, a veteran of the building, should have known that particular tactic would not be well-received and, I believe, ultimately included Yamashita to dig in; a decision to hear the bill would not be made while under siege.

Refusing to accept the outcome and spurred on by allied advocates, the freshman legislator doubled-down during an after-hours gathering in the House Speaker’s office. The freshman “brought shot glasses and encouraged the drinking then alerted the midwives to call police,” according to reporting by Hawaii News Now.

Not only did Natalia likely damage her political career irrevocably, but her actions likely ensured the midwives bill would not move for years to come. Additionally, her actions exploded a tenuous progressive faction as others sought to distance themselves from her.

Her poor judgment did no good for her, the issue, or prospects for building a strong progressive faction. Hussey-Burdick is almost certain to face a primary challenge next year. Though she faced stiff competition last year, given her actions, it’s likely that at least some of her previous supporters and donors will look elsewhere.

The whole incident is unfortunate. Hussey-Burdick could have had a long and successful career in electoral politics. It’s too bad that bad advice, poor judgment, and untempered passion likely led to the long-term death of an issue she cared deeply about. As well as the likely end of her short-lived political career.

Looking Forward

It is unclear at this point how any of the dead issues will fair next year. Election years both spur positive movement on issues legislators think voters will like, while simultaneously treading cautiously on anything that might be seen as remotely controversial.

I doubt we’ll see movement on cannabis legalization, but I could be wrong.

I do hope we can pass either paid sick leave or paid family leave. Unfortunately, a lot of work and education is required for both of these perennial issues.

Progressives took some strong stands this year. Particularly in their opposition to the State Budget. Unfortunately, at least at this point, there are few prospects for progressives to make electoral gains in 2024. It’s still a bit early, but campaigns will begin to ramp up this summer.