Sen. Clarence K. Nishihara

Creates an exception to the exclusive right to compensation under workers' compensation law where COVID-19 is contracted by an employee whose employer failed to maintain adequate workplace protections against exposure to the novel coronavirus. Creates a presumption that COVID-19 has been proximately caused by an employer's failure to maintain adequate workplace protections against exposure to the novel coronavirus.

Defines "pre-contact historic property". Clarifies that the historic preservation program includes providing consultation to counties and public and private agencies involved in historic preservation and the development, publication, and distribution of materials about protections for burials, historic sites, and archaeological resources. Amends the composition and duties of the Hawaii historic places review board. Increases civil and administrative fines for certain violations of historic and preservation requirements and makes violators liable for costs associated with mitigation or restoration measures.

Establishes a sustainable Hawaii workforce program, a sustainable Hawaii workforce advisory committee, and a sustainable Hawaii workforce special fund to meet the goals of the Aloha+ Challenge. Imposes a new 1.5 per cent sustainable tourism tax beginning on 7/1/2022, to fund the sustainable Hawaii workforce program. Special fund is effective on 7/1/2022. Program and advisory committee take effect on 1/1/2023.

Establishes provisions within the department of agriculture to enhance farmer equity by ensuring inclusion of socially disadvantaged farmers and ranchers in the development, implementation, and enforcement of food and agriculture laws, rule, policies, and programs. Requires an annual report to the legislature.

Encourages Hawaii corporations to make a commitment to social responsibility. Establishes a social responsibility corporate awards program within the department of business, economic development, and tourism to recognize corporations that have performed sustainable corporate practices. Requires the legislative reference bureau to conduct a study regarding socially responsible corporations in the State.

Appropriates funds to restore diagnostic, preventive, and restorative dental benefits to adult medicaid enrollees, provided the department of human services obtains maximum federal matching funds available and purses all funding sources, including private grants, prior to expending any general fund appropriations.

Beginning 1/1/2022, prohibits the issuance of building permits for new building construction unless the applicant provides sufficient proof that the building will be able to withstand category four hurricanes. Beginning 1/1/2022, requires building permits to be obtained for work performed for state government agencies on all new public buildings, and requires new public buildings to be designed to withstand category five hurricanes.

Establishes the Hawaii lottery and gaming corporation for the purpose of conducting gambling in Hawaii. Allocates proceeds to capital improvements at public schools and the University of Hawaii system, scholarships and educational loan repayments for medical students who practice in Hawaii for ten years, support for the family practice rural residency program, watershed protection, and reduction and prevention of problem gambling. Effective 7/1/2021.

Authorizes a prosecution for sex trafficking to be commenced at any time. Includes coercion as a means of committing the offense of sex trafficking. Makes the solicitation of a minor for sex a strict liability offense of sex trafficking. Repeals the offense of solicitation of a minor for prostitution.

Establishes the stabilization fund. Caps employer contributions to the other post-employment benefits trust fund. Transfers excess funds over the established cap from other post-employment benefits trust fund to the stabilization fund to cover cost increases of providing health and other benefits plans for active employees and retirees and their dependents.