COMMITTEE ON CONSUMER PROTECTION AND COMMERCE AND COMMITTEE ON JUDICIARY

Wednesday, February 5, 2003

1:30 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 1258

RELATING TO MOTOR VEHICLE FRANCHISES.

Protects against unfair termination of motor vehicle franchise agreements; protects against a franchisor requiring a franchisee to order unwanted vehicles; prevents discriminatory practices against motor vehicle franchisees by manufacturers and distributors.

CPC/JUD

HB 1471

RELATING TO LAND COURT.

Removes time share properties from land court.

CPC/JUD

HB 1511

RELATING TO CONDOMINIUM PROPERTY REGIMES.

Exempts AOAOs from liability for purchase of, conveyance of, and allocation of expenses for the association's leased fee interest prior to 6/25/2002 if the AOAO had a good faith belief that the purchase or conveyance was valid.

CPC/JUD

HB 1155

RELATING TO UNCLAIMED PROPERTY.

Allows the publication of the annual notice of unclaimed property to be published in a statewide publication or on the Internet.

CPC/JUD, FIN

HB 1495

RELATING TO CREMATION.

Establishes regulatory scheme for crematoriums, including registration requirements establishing procedures for handling remains, securing authorization to cremate, and establishing limitations on liability of crematory.

CPC/JUD, FIN

HB 445

RELATING TO THE UNIFORM COMMERCIAL CODE.

Amends articles 3 and 4 of the uniform commercial code relating to commercial paper.

CPC/JUD

HB 861

RELATING TO INSURERS.

Requires insurers to maintain a claims service office in the State.

CPC/JUD

Decision making to follow.

CPC only:

   

HB 141

RELATING TO INSURERS.

Removes the requirement that a motor vehicle insurance business provide a complete sales and claims service office in the State, replacing it with the requirement that satisfactory arrangements be made for claims service and adjustment or policy service of policies sold to Hawaii consumers.

CPC

HB 1329

RELATING TO MORTGAGE BROKERS.

Requires mortgage brokers in the State to have a physical presence. Voids any mortgage made by a mortgage broker without a physical presence and allows the mortgagee to retain the funds without the obligation of repaying them.

CPC

HB 1470

RELATING TO TIME SHARING.

Establishes sign requirements for time share booths. Excludes from those requirements a time share booth located within a project that is the subject of a time share plan or within a hotel.

CPC

HB 1472

RELATING TO TIME SHARES.

Permits an escrow agent to disburse the purchaser's funds prior to closing if the escrow agent holds a bond of letter of credit assuring or guaranteeing payment of any refund to which a buyer may become entitled to prior to closing.

CPC

HB 661

RELATING TO VEHICLE SALVAGE.

Establishes titling standards and procedures for passenger motor vehicles, including specific titles for salvaged vehicles, nonrepairable vehicles, and flood damaged vehicles; establishes disclosure and labeling requirements for transfers of rebuilt salvage vehicles; establishes civil penalties for violation of titling requirements; authorizes attorney general to enforce titling requirements and to recover damages.

CPC, JUD

HB 1465

RELATING TO INTOXICATING LIQUOR.

Increases from two to ten cases, the amount of wine that a wine manufacturer from a state with a reciprocal shipping privilege may ship to a Hawaii consumer for personal use and provides that the consumer need not obtain a permit for the shipment.

CPC, FIN

Decision making to follow.

Decision making only (heard on January 29, 2003):

HB1098: Relating to Uniform Information Practices Act

HB1099: Relating to Uniform Information Practices Act

HB1100: Relating to Uniform Information Practices Act

HB1103: Relating to Procurement

HB1161: Relating to Psychologist Licensing Requirements

HB1171: Relating to Conciliation Panels

 

COMMITTEE ON LEGISLATIVE MANAGEMENT

Wednesday, February 5, 2003

1:30 p.m. - 4:30 p.m.

Conference Room 423; State Capitol

AGENDA:

HB 282

RELATING TO THE AUDITOR.

Enables the Auditor to conduct audits of departments, offices, and agencies of the State and its political subdivisions. Establishes the audit revolving fund. Enables the auditor to charge a reasonable fee for financial audits. Appropriates funds.

LMG, FIN

HB 747

RELATING TO THE EXPENSES OF THE LEGISLATURE.

Authorizes the auditor to charge fees for its audits from the audited entities. Establishes a revolving fund for the audits.

LMG, FIN

HB 413

RELATING TO THE OFFICE OF ELECTIONS.

Transfers the office of elections from the Lt. Governor's office to the Office of the Auditor for administrative purposes.

LMG, JUD, FIN

HB 475

RELATING TO THE PUBLIC UTILITIES COMMISSION.

Requires the Auditor to conduct a management audit of the public utilities commission and submit report to legislature and governor before convening of regular session of 2004.

LMG, CPC/EEP, FIN

HB 170

RELATING TO CAMPAIGN CONTRIBUTIONS.

Protects civil service-exempt employees of the Hawaii state legislature and the various county councils of the State from being solicited for political contributions and prohibits them from making political contributions to their employer or employing authority.

LMG, LAB, JUD

HB 753

RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ETHICS COMMISSION.

Repeals the discretion of the ethics commission to remove the executive director or determine the salary of executive director.

LMG, JUD, FIN

HB 1125

RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION.

Creates two new offenses relating to illegal compensation of public servants – bribery in the second degree and unlawful gifts to public servants by persons subject to their jurisdiction.

LMG, LAB, JUD

HB 1277

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 16, OF THE CONSTITUTION OF THE STATE OF HAWAII, TO PROVIDE THE LEGISLATURE WITH THE POWER TO RECALL A BILL PRESENTED TO THE GOVERNOR.

Proposes an amendment to the State Constitution that would allow the legislature to recall a bill presented to the Governor by concurrent resolution.

LMG, JUD, FIN

HB 403

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Changes basis for calculating retirement allowances for legislative officers appointed after June 30, 2003, from three and one-half percent per year to two percent. Applies on a prospective basis only.

LMG, LAB, FIN

HB 1668

PROPOSING AMENDMENTS TO THE HAWAII CONSTITUTION RELATING TO APPOINTMENTS AND REMOVALS FROM PUBLIC OFFICE.

Amends the Constitution of the State of Hawaii to require the house of representatives to consent to the appointment and removal of persons appointed to public office by the governor whenever the consent of the senate is required for that appointment or removal.

LMG, JUD, FIN

Decision making to follow.

 

 

COMMITTEE ON EDUCATION

Wednesday, February 5, 2003

2:00 p.m.

Conference Room 309; State Capitol

AGENDA:

HB 638

RELATING TO THE HAWAII STATE PUBLIC LIBRARY SYSTEM.

Amends HRS §§ 235-102.5 and 312-3.6(a) to provide a check-off box on state individual income tax returns to allow the public to support the Hawaii state public library system.

EDN, FIN

HB 1177

RELATING TO THE HAWAII STATE PUBLIC LIBRARY SYSTEM.

Provides funding to open and operate the Kapolei Public Library.

EDN, FIN

HB 1091

RELATING TO THE DEPARTMENT OF EDUCATION.

Sets forth a new formula, based on a national per pupil allocation average less 5% for administrative costs, to be used by the Auditor in allocating funds to the charter schools.

EDN, FIN

HB 1176

RELATING TO EDUCATION.

Authorizes the Director of Finance to issue general obligation bonds to qualify the DOE's statewide projects for financing under the qualified zone academy bond program.

EDN, FIN

HB 632

RELATING TO TWENTY-FIRST CENTURY COMMUNITY LEARING CENTERS.

Appropriates funds to the DOE for the continuation of 21st century community learning centers.

EDN, FIN

HB 1173

RELATING TO EDUCATION.

Allows the DOE to adopt a program for grades 3-12 which provides opportunities for competency in a second language.

EDN, FIN

HB 1536

MAKING AN APPROPRIATION FOR CANOE PADDLING PROGRAMS IN PUBLIC HIGH SCHOOLS.

Appropriates $______ for the funding of canoe paddling programs in public high schools.

EDN, FIN

HB 1365

RELATING TO EDUCATION.

Allows schools to permanently retain funds from rental of school facilities. Allows schools to accept commercialized equipment and supplies and sell advertising.

EDN, FIN

HB 166

RELATING TO SCHOOL-LEVEL MINOR REPAIRS AND MAINTENANCE ACCOUNTS.

Allows school-level minor repairs and maintenance accounts to be used for the maintenance, repair, and replacement of components of a school's information infrastructure systems.

EDN, FIN

Decision making to follow.

 

COMMITTEE ON HIGHER EDUCATION

Wednesday, February 5, 2003

3:00 p.m.

Conference Room 309; State Capitol

AGENDA:

HB 893

RELATING TO THE UNIVERSITY OF HAWAII.

Short form bill relating to the University of Hawaii.

HED

Decision making to follow.

 

COMMITTEE ON ECONOMIC DEVELOPMENT AND BUSINESS CONCERNS

Thursday, February 6, 2003

8:30 a.m.

Conference Room 325; State Capitol

AGENDA:

HB 146

RELATING TO ECONOMIC DEVELOPMENT.

Authorizes the governor to designate up to 8 renaissance zones in the State. Establishes the renaissance review board. Exempts person located and operating within renaissance zones from up to 100% of the person's income and general excise taxes. Requires DBEDT to submit annual report on the economic effects.

EDB, FIN

HB 285

RELATING TO ADMINISTRATIVE PROCEDURE.

Requires that every rule conforms to its related statute; provides for the automatic repeal of administrative rules on the repeal of the underlying statute or ordinance; requires the small business regulatory review board to analyze regulatory programs and provide recommendations to the legislature by June 30, 2006.

EDB, JUD

HB 291

RELATING TO THE JOB CREATION INCOME TAX CREDIT.

Establishes a job creation income tax credit.

EDB, FIN

HB 429

RELATING TO PROFESSIONAL EMPLOYMENT ORGANIZATIONS.

Exempts professional employment organizations from paying general excise taxes on amounts that client companies give them that are disbursed by the professional employment organizations for wages and other benefits.

EDB, FIN

HB 697

RELATING TO PROCUREMENT.

Authorizes state purchasing agencies to use design-build proposals. Requires agencies to pay 1% of project cost up to $1,000,000 for each unsuccessful proposal for design-build proposals with construction estimates greater than $5,000,000.

EDB, FIN

HB 704

RELATING TO PROCUREMENT CODE.

Requires that after a construction contract is awarded, a pre-job conference is required between the state or county representatives, the prime contractor, and all subcontractors involved.

EDB, FIN

HB 1131

RELATING TO THE SMALL BUSINESS REGULATORY FLEXIBILITY ACT.

Specifies that the small business impact statements cannot be used in judicial hearings. Clarifies when the impact statement is to be submitted to the Small Business Regulatory Review Board.

EDB, JUD

HB 1226

RELATING TO SIMPLIFIED TAX ADMINISTRATION.

Allows Hawaii to participate in multistate discussions relating to the Streamlined Sales Tax Project.

EDB, FIN

HB 1410

RELATING TO TAX CREDITS.

Provides an income or general excise tax credit to companies that create new jobs.

EDB, FIN

HB 1601

RELATING TO COMMUNITY-BASED ECONOMIC DEVELOPMENT.

Appropriates funds for the Hawaii community-based economic development technical and financial assistance program of DBEDT.

EDB, FIN

Decision making to follow.

 

Decision making only:

HB 1353

RELATING TO INCOME TAX CREDITS.

Allows income tax credit for qualified commercial construction projects of four percent for project costs up to $10 million, and ten per cent for project costs exceeding $10 million over a consecutive five-year period.

EDB, FIN

HB 1394

RELATING TO TAXATION TO STIMULATE THE ECONOMY.

Provides a tax credit for large-scale construction projects.

EDB, FIN

HB 875

RELATING TO THE INCOME TAX LAW.

Amends the income tax law to enact the Digital Divide Investment Act. Provides an income tax credit for investment in broadband equipment to encourage the expansion of broadband services in underserved communities.

EDB, CPC, FIN

HB 1579

RELATING TO THE ECONOMIC DIVERSIFICATION AUTHORITY.

Establishes the Economic Diversification Authority.

EDB, FIN

 

COMMITTEE ON HEALTH

Thursday, February 6, 2003

8:45 a.m.

Conference Room 329; State Capitol

AGENDA:

HB 919

RELATING TO HEALTH.

HLT, JUD, FIN

 

Amends the certificate of need program by, inter alia, repealing letter of intent requirement, increasing expenditure minimums; adding geriatricians as primary care clinic providers; and increasing penalties for violations.

 

 

HB 274

RELATING TO PSYCHIATRIC DRUGS FOR CHILDREN.

HLT, EDN, FIN

 

Requires the DOH, assisted by the DOE, to report annually for 5 years on number of children in schools diagnosed with ADD or ADHD; number of those children who receive special education; number of those who are Felix class children; and how many of those are prescribed and using psychiatric drugs.

 

HB 1344

RELATING TO QUALIFIED IMPROVEMENT TAX CREDIT.

HLT, FIN

 

Provides a tax credit for improvements made to federally qualified health centers.

 

HB 123

RELATING TO THE PRACTICE OF PHARMACY.

HLT, CPC

 

Amends the law regulating the practice of pharmacists to allow dispensing of emergency contraceptives in accordance with approved procedures and protocols developed by a pharmacist and physician.

 

HB 549

RELATING TO THE CIGARETTE AND TOBACCO TAX.

HLT, FIN

 

Raises the excise tax on tobacco products from 6.00 cents per cigarette to 8.00 cents per cigarette after June 30, 2003, 9.00 cents per cigarette after June 30, 2004, and 10.00 cents per cigarette after June 30, 2005. Raises the excise tax on other tobacco products from forty to fifty percent.

 

HB 234

MAKING AN APPROPRIATION FOR THE POISON CENTER.

HLT, FIN

Appropriates funds for the Department of Health to operate the Poison Center 24 hours a day.

 

 

HB 1431

RELATING TO DENTAL LICENSING.

HLT, CPC

 

Authorizes the board of dental examiners to issue a temporary license to a dentist practicing under a safety net dental provider organization.

 

HB 911

RELATING TO DENTISTRY.

HLT, CPC

 

Broadens the authority of the board of dental examiners to issue temporary licenses to persons working as employees of safety net dental provider organizations or in a federally designated dental health professional shortage area.

 

HB 1672

RELATING TO DENTAL HEALTH.

HLT, FIN

 

Requires the department of health to review the feasibility of distributing certain sugar- and aspartame-free chewing gum to parents to protect their children's teeth.

 

HB 1430

RELATING TO COMMUNITY ORAL HEALTH.

HLT, FIN

 

Appropriates funds out of the Hawaii tobacco settlement special fund for the department of health to employ licensed dental hygienists to serve children in underserved areas.

 

HB 6

RELATING TO THE TOBACCO SETTLEMENT MONEYS.

HLT, FIN

Increases the portion of tobacco settlement moneys going into the Hawaii tobacco prevention and control trust fund from 12.5% to 25% and decreases the portion going to the emergency and budget reserve fund from 24.5% to 12%.

Decision making to follow.

 

 

COMMITTEE ON PUBLIC SAFETY AND MILITARY AFFAIRS AND COMMITTEE ON HEALTH

Thursday, February 6, 2003

8:30 a.m.

Conference Room 309; State Capitol

AGENDA:

HB 898

AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING APPROPRIATIONS FOR THE DEVELOPMENT OF A VETERANS AFFAIRS LONG-TERM CARE FACILITY.

Authorizes issuance of general obligation bonds to build a Veteran's Affairs long-term care facility.

PSM/HLT, FIN

Decision making to follow.

 

COMMITTEE ON PUBLIC SAFETY AND MILITARY AFFAIRS AND COMMITTEE ON HUMAN SERVICES AND HOUSING

Thursday, February 6, 2003

9:00 a.m.

Conference Room 309; State Capitol

AGENDA:

Decision making only:

HB 134

RELATING TO CORRECTIONS.

Requires that the range and quality of programming offered to women in corrections be substantially equivalent to the range and quality of programs offered to males. Requires office of youth services to develop and implement gender-responsive community-based programs for adjudicated females. Appropriates $ .

PSM/HSH, JUD, FIN

HB 172

RELATING TO HURRICANE SHELTERS.

Allows the State and counties to designate buildings that shall comply with criteria for hurricane-resistant shelters.

PSM, EDN, FIN

HB 958

RELATING TO PUBLIC SHELTERS.

Appropriates $2,000,000 per year for fiscal years 2003-2004 and 2004-2005 from both the general revenues of the State of Hawaii and the interest of the Hawaii Hurricane Relief Fund to increase the number of public shelters by retrofitting public buildings with the installation of hurricane protective measures.

PSM, CPC, FIN

HB 331

RELATING TO THE DEPARTMENT OF PUBLIC SAFETY.

Appropriates funds for department of public safety's drug treatment programs statewide.

PSM, FIN

HB 1477

RELATING TO THE SENTENCING SIMULATION MODEL PROJECT.

Appropriates funds for fiscal biennium 2003-2004 to 2004-2005, to continue the sentencing simulation model project.

PSM, JUD, FIN

HB 298

RELATING TO CORRECTIONAL FACILITIES.

Directs the governor to expand the existing Halawa Correctional Facility to transfer Oahu Community Correctional Center (OCCC) inmates there and to raze and build new facilities on the OCCC property for a drug treatment center.

PSM, JUD, FIN

HB 1643

RELATING TO PRISON ALTERNATIVES.

Establishes a pilot program for alternative incarceration and appropriates funds for puuhonua healing centers.

PSM, JUD, FIN

HB 1499

RELATING TO THE MANAGEMENT OF PRISONS.

Provides that the development and management of in-state correctional facilities be subject to the managed competition process. Eliminates requirement for legislative approval for agreements relating to out-of-state correctional facilities to house Hawaii inmates.

PSM, LAB, FIN

HB 1620

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Gives current deputy sheriffs of the department of public safety the option of converting from class C to class A members of the ERS. Allows deputy sheriffs to retire without penalty after 25 years of service in that capacity. Provides that all deputy sheriffs hired after 6/30/03 are designated class A members.

PSM, LAB, FIN

 

COMMITTEE ON PUBLIC SAFETY AND MILITARY AFFAIRS AND COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Thursday, February 6, 2003

9:30 a.m.

Conference Room 309; State Capitol

AGENDA:

HB 1641

RELATING TO PRISONS.

Authorizes the governor and the director of public safety to consider a managed competition process for operation of in-state correctional facilities constructed after the effective date of this Act. Requires that certain contractual provisions be included within the contract. Designates possible sites.

PSM/LAB, FIN

HB 1123

RELATING TO TERRORISM.

Provides Hawaii law enforcement officials with the tools to effectively investigate and prosecute terrorist activities and to deter terrorists with significant penalties.

PSM, JUD

HB 1215

RELATING TO INCARCERATED PERSONS.

Clarifies that participation in work, education, and vocational training programs while incarcerated is exempt from statutory employee benefit programs.

PSM, LAB, FIN

HB 1216

RELATING TO HEALTH CARE FOR PRISONERS.

Prevents inmates from receiving health care services deemed inappropriate by correctional health care staff.

PSM, FIN

HB 1221

RELATING TO THE GARNISHMENT OF COMMITTED PERSONS' MONEYS.

Authorizes the Department of Public Safety to garnish the moneys of committed persons, earned or gained by windfall, judgment, or settlement, to satisfy court-ordered crime victim compensation fees.

PSM, JUD, FIN

HB 1220

RELATING TO THE HAWAII PAROLING AUTHORITY.

Statutorily adds the administrative secretary's designee to the Hawaii Paroling Authority to the appropriate provision to allow this individual to issue warrants for the arrest and custody return of parole violators.

PSM, JUD

HB 1120

RELATING TO ELECTRONIC SURVEILLANCE.

Repeals outdated electronic surveillance statute and conforms the State's electronic surveillance laws to federal laws controlling electronic surveillance. Establishes and funds a surveillance review unit within the Department of the Attorney General

PSM, JUD, FIN

HB 938

RELATING TO MILITARY FACILITIES.

Provides the governor with the authority to determine whether training facilities for U.S. armed forces can be expeditiously constructed to protect the security of the State without being subject to state laws.

PSM, EEP, JUD

HB 1630

MAKING AN APPROPRIATION FOR VETERANS CEMETERIES.

Appropriates $      and $      in FY 2003-2004 and 2004-2005 for maintenance at veterans cemeteries in the counties of Hawaii, Kauai, and Maui.

PSM, FIN

HB 1590

RELATING TO VETERANS' RIGHTS AND BENEFITS.

Requires the director of the office of veterans' affairs, at the request of a deceased Filipino American veteran's survivor or interested party, to: make payment directly to a mortuary or crematory for funeral/burial services; and transport the veteran's remains to the Philippines, upon the submission of an unpaid invoice to the office.

PSM, FIN

Decision making to follow.

 

COMMITTEE ON ENERGY AND ENVIRONMENTAL PROTECTION

Thursday, February 6, 2003

9:00 a.m.

Conference Room 312; State Capitol

AGENDA:

HB 855

RELATING TO ENERGY CONSERVATION.

Specifies that residential buildings built after 07/01/04 shall include R-19 (or equivalent) roof insulation and ceiling fan wiring.

EEP, FIN

HB 10

RELATING TO PUBLIC UTILITIES.

Requires retail suppliers of electricity to annually disclose information on the fuel mix of the electricity services they sell to customers.

EEP, CPC

HB 196

RELATING TO A GEOTHERMAL-TO-HYDROGEN TAX CREDIT.

Provides for a tax credit of 20 percent of the total cost of the geothermal-to-hydrogen system erected or placed in service after December 31, 2003, and before January 1, 2012, that have an unspecified nameplate capacity.

EEP, FIN

HB 1405

RELATING TO BIOFUEL.

Establishes a preference in state contracts for the use of biofuels.

EEP, FIN

HB 1492

RELATING TO NET ENERGY METERING.

Amends the net energy metering law to by removing the 10 kilowatt cap on the size of the system, and by incrementally increasing, by .5% every 2 years to 2020, the percentage of the total rated generating capacity produced by eligible customer-generators of the electric utility system's peak demand.

EEP, CPC

Decision making to follow.

 

COMMITTEE ON HUMAN SERVICES AND HOUSING AND COMMITTEE ON HEALTH

Thursday, February 6, 2003

11:00 a.m.

Conference Room 329; State Capitol

AGENDA:

HB 1420

MAKING APPROPRIATION FOR COMMUNITY HEALTH CENTERS.

HSH/HLT, FIN

 

Appropriates funds to the DOH for oral health clinics and dentists; appropriates funds to the DHS for Medicaid oral health services; authorizes GO bonds to be issued for the construction of new community health centers in underserved areas, including an oral health center; federal match required.

 

 

 

HB 68

MAKING AN APPROPRIATION FOR DENTAL SERVICES.

HSH/HLT, FIN

 

Appropriates funds to provide basic dental services for adults covered by Medicaid and med-QUEST on a fee-for-service basis through the med-QUEST program.

 

Decision making to follow.