Rep. David Tarnas

Clarifies that persons that enter private property for recreational purposes have no cause of action, unless exempted under law. Requires a court to award attorneys' fees and costs to landowners if plaintiffs bring unreasonable claims. States that, as a matter of law, persons participating in outdoor recreational activities accept the inherent dangers in the activities.

Specifies that plans of correction and the status of corrective actions for care facilities shall be added to reports by the department of health within five working days. Clarifies, for reporting purposes, that the conclusion of an inspection occurs after the initial visit to a facility is completed.

Authorizes persons 21 years of age or older to possess or use limited amounts of cannabis for recreational purposes. Authorizes the licensing, regulation, and taxation of cannabis cultivation, manufacturing, testing, and retail sales facilities. Specifies that only existing medical cannabis dispensary licensees may apply for licensure as a cannabis establishment, but may be permitted to establish additional retail dispensing locations. Allocates an unspecified percentage of general excise tax revenues derived from retail cannabis sales transactions to the counties. Specifies the application and non-application of the Internal Revenue Code to expenses related to the production and sale of cannabis and cannabis products for state income tax purposes. Amends certain provisions of the penal code relating to offenses involving marijuana and expands the affirmative defense to prosecution to include persons acting in accordance with the new part in Chapter 329, HRS, created by Section 2 of this Act. Repeals limitations on authorized sources of medical cannabis.

Prohibits a sex offender from residing within two thousand feet of the sex offender's former victim or the victim's immediate family members. Requires the covered offender to receive approval from the Attorney General prior to a change in address.

Bans the sale of flavored tobacco products. Prohibits mislabeling of e-liquid products containing nicotine. Establishes fines and penalties for violations. Includes heated tobacco products among the electronic smoking devices that are subject to restrictions under law.

Repeals the state public charter school commission. Transfers the duties of the state public charter school commission to public charter school authorizers. Transfers appropriations from the state public charter school commission to the board of education to be used by public charter school authorizers.

Caps the service credit for unused sick leave for employees who become members of the employees' retirement system on or after 7/1/2021 at a maximum credit of ninety days. Specifies that any unused sick leave in excess of ninety days shall be forfeited.

Establishes a refundable income tax credit equal to twenty per cent of the federal child tax credit allowed and properly claimed on a taxpayer's federal tax return. Applies to taxable years beginning after 12/31/2020.

Requires the department of land and natural resources, in conjunction with the counties, to develop an invasive species flood control plan to prevent, contain, and mitigate hazardous tree growth impacting streams and waterways. Requires submittal of the plan to the legislature prior to the 2022 regular session.

Includes e-liquid and electronic smoking devices within the definition of "tobacco products", as used in the cigarette tax and tobacco tax law. Repeals certain provisions of the Hawaii Revised Statutes relating to electronic smoking devices.