Rep. Adrian K. Tam

Authorizes the board of land and natural resources to provide shoreline encroachment easements that do not exceed 10 years to landowners having structures that encroach on the shoreline. Requires the board of land and natural resources to adopt rules that establish a policy and procedure for the granting or renewal of shoreline encroachment easements. Requires the adopted policy to consider the impact of expected sea level rise on the encroaching structures. Prohibits the granting of any new shoreline encroachment easements until the new policy is adopted.

Establishes the commission on fiscal responsibility within the department of taxation to review and make recommendations on expenditures, revenue enhancements, and tax policy. Requires a report to the legislature.

Allows a penalty of up to $5,000 for the fourth or subsequent violations of the motor carrier law within one calendar year.

Eliminates the use of monetary bail, with certain exceptions, and requires defendants to be released on their own recognizance for traffic offenses, violations, non-violent petty misdemeanor offenses, and non-violent misdemeanor offenses. Creates a rebuttable presumption regarding both release and detention for certain offenses and specifies circumstances in which these presumptions apply. Requires the judicial council to appoint a committee to review and recommend changes to the Hawaii penal code.

Reduces from 500 feet to 100 feet the buffer zones for commercial hemp production and processing. Authorizes hemp to be grown at a residential property under the control of a person licensed under federal law to produce hemp. Repeals authorization from the state department of agriculture as a prerequisite to transport hemp. Authorizes commercial hemp producers to sell whole, unprocessed hemp leaves to consumers, subject to certain requirements. Requires labels that disclose that leaves and hemp products were from hemp grown in the State. Replaces the referenced testing standard authority on labels for hemp products.

Prohibits the harvesting of aquatic life for commercial aquarium purposes, regardless of the method of collection.

Establishes the Erin's law task force to review policies, programs, and curricula for educating public school students about sexual abuse and sex trafficking prevention, report recommendations for the establishment of a program to educate public school children on sexual abuse prevention through age-appropriate curricula, provide relevant training to teachers and school staff, and inform parents and guardians about important child sexual abuse topics. Requires the Department of Education to establish and implement a systemwide sexual abuse prevention education program at the conclusion of the task force.

Increases the amount of tax credit allowable for household and dependent care services from $2,400 to $4,800 for a qualifying individual and from $4,800 to $9,600 for two or more qualifying individuals.

Until 7/1/2026, allows restaurants to apply a restaurant service surcharge for the sale of food or beverage services, the revenues of which shall be used exclusively by the restaurants for economic recovery from COVID-19 impacts. Authorizes establishments with a class 2 restaurant liquor license to allow the consumption of liquor anywhere on the premises, including the restaurant's outdoor property and sell liquors in their original packages for pick up, delivery, take out, or other means for off-premises consumption.

Makes unlawful the sale of flavored products for electronic smoking devices, mislabeling of e-liquid products containing nicotine, and sale of tobacco products other than through retail sales via in-person exchange. Establishes penalties. Includes e-liquid and electronic smoking devices in the definition of "tobacco products" for purposes of the cigarette tax and tobacco tax law. Increases the license fee for wholesalers and dealers of tobacco products and retail tobacco permit fee. Requires retailers to pay an additional excise tax on the retail price of electronic smoking devices on and after 7/1/2021. Directs a certain percentage of moneys received from the cigarette tax and tobacco tax to the Hawaii tobacco prevention and control trust fund to establish and fund a comprehensive youth tobacco cessation program. Requires a person under twenty-one years of age who unlawfully purchases or possesses tobacco products, including electronic smoking devices, to complete a tobacco education or use cessation program or perform community service for a first offense. Repeals the electronic smoking device retailer registration unit. Repeals provisions relating to delivery of sales under the cigarette tax and tobacco tax law.