Sen. Les Ihara

Requires that any subdivision of agricultural lands into more than five lots, any one of which is two acres or less, or any submission of agricultural lands to the department of commerce and consumer affairs for approval for a condominium or horizontal property regime, first be approved by the land use commission. Sets requirements under which the land use commission may approve such a subdivision.

Authorizes the counties to adopt ordinances to legalize cannabis cultivation, possession, sale, transfer, and use for persons over the age of twenty-one. Clarifies that penal code provisions pertaining to drug and intoxicating compounds offenses do not apply to counties that have adopted ordinances legalizing cannabis and adopted administrative rules to regulate cannabis.

Requires DOH to study the protection of waters in the State. The study shall: (1) identify state statutes that rely on, or are applied in conjunction with, the federal Clean Water Act; (2) propose amendments to protect waters if the federal Clean Water Rule is amended; (3) identify waters that are at risk of pollution or contamination; and (4) recommend how the State can prepare for and address water pollution or contamination risks, including disasters. Appropriates moneys for the study.

Allows taxpayers a twenty-five per cent income tax deduction for amounts received as rent from recipients of the housing choice voucher program.

Establishes that possession of recently stolen property, with no satisfactory explanation, is prima facie evidence of knowledge that the property has been stolen.

Codifies the Hawaii promise program into law to provide scholarships for the unmet direct cost needs of qualified students. Expands the Hawaii promise program to qualified students enrolled at any University of Hawaii campus in addition to qualified students enrolled at any University of Hawaii community college campus. Establishes a special fund and appropriate funds to maintain the Hawaii promise program.

Establishes a verdict of guilty of the offense charged but mentally ill in criminal trials. Changes the defense of not guilty by reason of insanity to require the court to find that at the time of the conduct, the person lacked a particular state of mind that is required to establish an element of the offense charged as a result of physical or mental disease, disorder, or defect. Requires persons who are incarcerated as a result of a verdict of guilty of the offense charged but mentally ill to receive health care or mental health care appropriate to the person's diagnosis during the person's term of imprisonment. Requires the Department of Public Safety to conduct a study on the costs of providing care to incarcerated persons who have been found guilty of the offense charged but mentally ill. Effective July 1, 2020.

Provides the State, counties, and county lifeguards immunity from liability against damages arising from the acts or omissions of lifeguards while performing emergency lifeguard services.

Increases the minimum wage rate to $12 per hour beginning 01/01/19, $13.50 per hour beginning 01/01/20, and $15 per hour beginning 01/01/21. Beginning 01/01/19, allows an employer to pay to an employee a wage that is at least ninety per cent of the applicable minimum wage rate if the employer employs less than fifty employees, the employee is under the age of sixteen, or during the employee's initial thirty days of employment with the employer.

Authorizes agencies to adopt specified emergency rules to lessen disruptions to prior practices caused from changes to federal law, Hawaii legislation, or court decisions.