COMMITTEE ON EDUCATION AND COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Friday, February 6, 2004

2:15 p.m.

Conference Room 309; State Capitol

AGENDA:

HB 2332

RELATING TO EDUCATION.

Eliminates the DOE and BOE and establishes elected local school boards in at least 7 independent school districts. The duties of the local school boards would include: the appointment of the respective district superintendents; and the appointment of performance-based contracts principals within the district.

EDN/LAB, JUD, FIN

HB 2002

RELATING TO EDUCATION.

Implements education reform and decentralization measures; establishes a student weighted formula for providing operating moneys to individual public schools.

EDN, FIN

Decision making to follow.

 

COMMITTEE ON JUDICIARY

Friday, February 6, 2004

2:30 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 2024

RELATING TO TRANSFER OF OWNERSHIP OF FIREARMS AND AMMUNITION.

Prohibits person restrained by court order from transferring ownership of firearm while court order is in effect.

JUD

HB 2683

RELATING TO DEFERRED ACCEPTANCE OF GUILTY PLEA AND DEFERRED ACCEPTANCE OF NOLO CONTENDERE PLEA.

Includes offenses involving substantial bodily injury to the list of offenses for which, a plea of guilty or nolo contendere is not permitted.

JUD

HB 2685

RELATING TO BAIL JUMPING.

Changes the offense of bail jumping in the first and second degree to require that a person knowingly fails to appear, instead of an intentional failure to appear.

JUD

HB 2689

RELATING TO STALKING.

Gives family court and circuit court concurrent jurisdiction over cases of aggravated harassment by stalking.

JUD

HB 2020

RELATING TO PROSTITUTION.

Makes it a class C felony to sell or offer to sell travel services for the purpose of promoting prostitution; authorizes suspension or revocation of travel agency registration for engaging in these acts.

JUD

HB 2789

RELATING TO SEXUAL ASSAULT.

Amends the law defining continuous sexual assault of a minor to require: (1) that the period of sexual acts occur over a period of at least 3 months duration; and (2) that the jury unanimously agree as to which 3 acts constitute the offense, even if they can not agree how many acts occurred overall.

JUD

HB 1828

RELATING TO PUBLIC ORDER.

Prohibits urinating and defecating in public places.

JUD

HB 2196

RELATING TO CRIMINAL TRESPASS.

Defines criminal trespass to include entering or remaining on residential property after a request to leave by the owner or lawful occupant of the property.

JUD

HB 2019

RELATING TO SOCIAL SECURITY NUMBERS.

Prohibits counties and county liquor commissions from issuing identification cards with the cardholder's or applicant's social security number on the card.

JUD

HB 2686

RELATING TO THE LIQUOR COMMISSION.

Removes the liquor commission's power to take action against a person who purchases liquor without authority.

JUD

HB 2687

RELATING TO SUMMONS AND CITATIONS.

Allows for copies of summons and citations to be electronically recorded, maintained, and transmitted.

JUD

HB 2514

RELATING TO TAX ADMINISTRATION.

Allows the Department of Taxation to impose civil penalties and injunctions on tax return preparers who support unrealistic positions on tax returns and on promoters of abusive tax shelters.

JUD, FIN

HB 2517

RELATING TO TAX ADMINISTRATION.

Allows the Department to recover costs associated with prosecutions.

JUD, FIN

Decision making to follow.

 

COMMITTEE ON AGRICULTURE AND COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS

Saturday, February 7, 2004

Conference Room 325; State Capitol

8:30 a.m. AGENDA:

HB 1829

RELATING TO THE MOLOKAI IRRIGATION SYSTEM.

Amends an existing appropriation of capital improvement funds to provide for improvements to the Molokai Irrigation System.

AGR/WLH, FIN

HB 1831

RELATING TO AGRICULTURAL USE OF WATER.

Clarifies state water code policy to ensure an adequate supply of water for agricultural use.

AGR/WLH

HB 2010

MAKING AN APPROPRIATION FOR THE OPERATION AND MAINTENANCE OF THE EAST KAUAI IRRIGATION SYSTEM.

Appropriates funds for the operation and maintenance of the East Kauai Irrigation System.

AGR/WLH, FIN

HB 2949

RELATING TO STATE IRRIGATION SYSTEMS.

Facilitates the establishment of an agricultural dual line water system in upcountry Kula, Maui by authorizing $3,000,000 in general obligation bonds.

AGR/WLH, FIN

HB 2285

RELATING TO AGRICULTURE.

Requires the department of land and natural resources to enter into land exchange negotiations with the private landowners of land in the Waialua to obtain title to agricultural lands in the area. Transfers control and title to obtained lands to the agribusiness development corporation. Establishes regional agricultural subcommittee for the area to advise corporation on management of the lands.

AGR/WLH, FIN

HB 2894

RELATING TO ACCESS TO REAL PROPERTY.

Requires a seller to disclose to a buyer the existence, if any, of legal or traditional public access whenever a piece of real property is put up for sale.

WLH/AGR, JUD

HB 2818

RELATING TO HAWAII HOUSING AND CONSERVATION TRUST FUND.

Establishes a Hawaii Housing and Conservation Trust Fund to finance affordable housing and conserve and protect important agricultural lands and historic properties.

WLH/AGR, HSH, FIN

Decision making to follow.

 

9:00 a.m. AGENDA:

HB 2166

RELATING TO LAND USE COMMISSION.

Establishes a presumption that a dwelling is not a farm dwelling if certain nonagricultural features in a subdivision or development are determined to be present.

WLH/AGR

HB 1956

RELATING TO AGRICULTURAL LAND PRESERVATION.

Designates and protects important agricultural lands. Combines and redesignates "urban" and "rural" land use classifications as "other lands".

AGR/WLH, FIN

HB 2271

RELATING TO LAND USE.

Establishes standards, criteria, and process for identification of important agricultural lands. Provides a one-time process to reclassify lands of low agricultural resource value to the rural land use district. Amends the permissible uses within the rural land use district.

AGR/WLH, FIN

HB 2339

RELATING TO LAND USE.

Sets forth standards and criteria for the identification of important agricultural lands. Allows the counties to study, determine, and recommend to the Land Use Commission lands which should be designated as important agricultural lands. Authorizes the Commission to identify and designate important agricultural lands.

WLH/AGR, FIN

HB 2656

RELATING TO IMPORTANT AGRICULTURAL LANDS.

Sets forth policies and procedures for identifying and managing important agricultural lands and directs the agribusiness development corporation to convene a task force to develop incentives for important agricultural lands.

WLH/AGR, FIN

HB 2787

RELATING TO LAND USE.

Establishes standards and criteria and process for identification of important agricultural lands, focusing on the ALISH classification system adopted by the board of agriculture in 1977. Establishes policies for lands so identified. Provides for periodic review of lands classified as important agricultural lands. Amends the permissible uses within the rural land use district.

WLH/AGR, FIN

HB 2800

RELATING TO IMPORTANT AGRICULTURAL LANDS.

Provides a process to identify and preserve important agricultural lands in the State.

WLH/AGR, FIN

COMMITTEE ON JUDICIARY

Saturday, February 7, 2004

9:00 a.m.

Hawaii State Capitol Auditorium; State Capitol

AGENDA:

THIS IS A JOINT HEARING WITH THE SENATE COMMITTEE ON JUDICIARY AND HAWAIIAN AFFAIRS AS THEY ARE HEARING THE SENATE MEASURE WITH IDENTICAL LANGUAGE.

HB 2003

RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES.

Adds and amends various laws relating to criminal conduct for drug related offenses, amends laws relating to arrest and search warrants for drug offenses, amends laws relating to first time nonviolent drug offender diversion to substance abuse treatment, adds tort liability for drug dealers, adds new laws relating to employer sponsored substance abuse treatment and prevention programs and employer reimbursement for substance abuse treatment, amends the zero tolerance rule for public school students who are charged with drug offenses, amends existing law to provide parity in health insurance benefits for crystal methamphetamine addiction, amends the duties of the Office of Community Services to include coordination of the drug abatement efforts between public, private and community organizations, adds new law on civil commitment for substance abuse outpatient treatment, adds new laws to facilitate the development of drug rehabilitation homes for recovering addicts, and adds responsibility for methamphetamine removal to the responsibilities of the department of health.

JUD

Decision making to follow.

 

COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Saturday, February 7, 2004

Conference Room 309; State Capitol

9:00 a.m. AGENDA #1:

HB 2216

RELATING TO EMPLOYMENT.

Prohibits an employer or labor organization from discriminating against an employee who uses accrued and available sick leave in accordance with a valid collective bargaining agreement or valid employment policy. Clarifies that the term, "employee" includes an employee with a nonchronic condition of a short term nature.

LAB, JUD

HB 2491

RELATING TO EMPLOYMENT.

Establishes a uniform definition of "employment" for the DLIR for benefit eligibility purpose.

LAB, FIN

HB 2229

RELATING TO EMPLOYMENT RECORDS.

Establishes a definition of "employment records" for public employment purposes. Establishes criteria for each public employer's employment records management system.

LAB, CPC

HB 1774

RELATING TO UNEMPLOYMENT BENEFITS.

Encourages eligible claimants of unemployment insurance to seek gainful employment by permitting claimants to receive their weekly benefit amount without regard to earnings received from employment.

LAB, FIN

Decision making to follow.

 

9:30 a.m. AGENDA #2:

HB 2373

RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION.

Creates 2 new offenses related to illegal compensation of public servants: (1) bribery in the second degree; and (2) unlawful gifts to public servants by persons subject to their jurisdiction.

LAB, JUD

HB 2561

RELATING TO STANDARDS OF CONDUCT.

Codifies a conflict of interest standard for employees; prohibits employee business activities or financial interests that are incompatible with the proper discharge of official duties.

LAB, LMG, JUD

HB 2325

RELATING TO PROCUREMENT.

Requires a bidder for construction work to file a sworn statement specifying that the construction work, if performed by a subcontractor, will be performed by employees who are paid the prevailing rate of compensation, including benefits, and working under the terms and conditions of employment as persons employed by the bidder.

LAB, FIN

SB 1374

(SSCR904)

RELATING TO THE STATE FIRE COUNCIL.

Allows the State Fire Council to expend federal grant money for the purpose of fire fighting training.

LAB, FIN

Decision making to follow.

 

 

10:00 a.m. AGENDA #3:

HB 2697

RELATING TO LABOR.

Ensures that employees who are unemployed temporarily due to a labor dispute shall not be disqualified from receiving unemployment benefits if the parties to the labor dispute have reached an impasse and, prior to a work stoppage, the striking workers offer to submit the dispute to a fact-finding process.

LAB, FIN

HB 2700

RELATING TO UNEMPLOYMENT INSURANCE.

Requires that determinations for the payment of unemployment insurance claims be made within thirty days of filing a claim. Also requires a decision on appeal of the determination to be rendered within thirty days of filing an appeal.

LAB, FIN

HB 2699

RELATING TO UNEMPLOYMENT BENEFITS.

Establishes a rebuttable presumption that a claimant's unemployment during a labor dispute is not due to an actual, substantial curtailment of work at the employer's establishment, and thus the claimant is entitled to unemployment compensation; requires clear and convincing evidence to overcome the presumption.

LAB, FIN

HB 2323

RELATING TO EMPLOYEE ORGANIZATIONS.

Requires all parent labor unions based in the mainland to return at least 50% of all union fees collected from their local affiliates, branches, or subsidiaries in Hawaii in any appropriate form agreed upon, whether it is in cash, vacation leave, sick leave, or strike benefits.

LAB, EDB

Decision making to follow.

 

 

COMMITTEE ON ECONOMIC DEVELOPMENT AND BUSINESS CONCERNS AND COMMITTEE ON TOURISM AND CULTURE

Monday, February 9, 2004

8:30 a.m.

Conference Room 325; State Capitol

AGENDA:

HB 2647

RELATING TO MOTION PICTURE AND FILM PRODUCTION.

Increases the income tax credit from four to ten per cent for costs incurred in the state for motion picture and film production.

EDB/TAC, FIN

HB 2986

RELATING TO HIGH TECHNOLOGY TAX INCENTIVES.

Adopts amendments to high technology tax incentives.

EDB/TAC, FIN

HB 2611

RELATING TO THE ENTERTAINMENT INDUSTRY.

Establishes labor expenditure tax credits for eligible Hawaii-based or Hawaii-controlled corporations conducting film or video production or masters recordings in Hawaii. Establishes a training tax credit for eligible corporations for productions or recordings for which one or more Hawaii-based individuals are participating as trainees. Allows certain sound recordings to be eligible for a tax credit.

EDB/TAC, FIN

HB 1756

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST HIGH TECHNOLOGY INDUSTRIAL ENTERPRISES.

Authorizes the high technology development corporation to issue special purpose revenue bonds on behalf of Electricore, Inc., to produce unmanned vehicle and aerial systems and related technologies.

EDB, FIN

HB 1953

RELATING TO COASTAL ZONE MANAGEMENT.

Increases shoreline setbacks from 40 feet to 100 feet inland from the shoreline. Bans the construction of new seawalls and groins.

EDB, WLH

Decision making to follow.

 

 

 

Decision making only:

HB 2210

RELATING TO ECONOMIC DEVELOPMENT.

Implements short form bill relating to economic development.

EDB

COMMITTEE ON TRANSPORTATION

Monday, February 9, 2004

9:30 a.m.

Conference Room 309; State Capitol

AGENDA:

HB 1718

RELATING TO TOLL ROADS.

Authorizes director of transportation to impose toll charges on existing highways or construct new toll roads. Provides for agreement with private entities to construct, operate, and maintain toll roads. Requires prior feasibility study.

TRN, FIN

HB 1721

RELATING TO THE HAWAII STATE AIRPORT AUTHORITY.

Creates the Hawaii state airport authority, effective 7/1/2005, with jurisdiction over all airports owned or controlled by the State. Creates temporary airport authority task force within the governor's office to draft legislation to implement the Hawaii airport authority.

TRN, FIN

HB 1724

RELATING TO CHILD PASSENGER SAFETY.

Requires children four years old but less than eight years of age who are motor vehicle passengers to be properly secured in an appropriate booster seat, unless the child weights more than eight pounds or is more than four feet nine inches in height.

TRN, JUD

HB 1725

RELATING TO TRAFFIC SAFETY.

Adds additional penalties for excessive speeding including increased fines, mandatory prison sentences, vehicle confiscation, and forfeiture of drivers license.

TRN, JUD

HB 1726

RELATING TO VEHICLE TAXES.

Authorizes the counties to impose a county vehicle ad valorem tax. Provides for one-third of the revenues to be distributed to the county that collected the tax, one-third to the state highway fund, and the remainder to the state general fund.

TRN, FIN

HB 1770

RELATING TO MOTOR VEHICLES.

Increases fines for repeatedly allowing car alarm to sound for longer than 5 minutes.

TRN, JUD

HB 2141

RELATING TO CONSUMER PROTECTION.

Requires seller of salvaged motor vehicle to provide salvage certificate of title and absolves seller of liability following sale. Requires DOT to certify a salvaged vehicle's fitness to operate on public roads.

TRN, CPC

HB 2241

RELATING TO MOTOR VEHICLE INSURANCE.

Requires motor vehicle insurers to notify the police of cancellations and non-renewals of policies.

TRN, CPC/JUD

HB 2249

RELATING TO CHAPTER 291E, HAWAII REVISED STATUTES.

Simplifies what a person arrested for driving under the influence of an intoxicant must be told about the implied consent law before agreeing or refusing to be tested.

TRN, JUD

HB 2883

RELATING TO WIRELESS ENHANCED 911 SERVICE.

Establishes a monthly surcharge on mobile phone connections to fund implementation of wireless enhanced 911 by wireless providers and county public safety agencies. Creates wireless enhanced 911 board to oversee collection and distribution of surcharge funds. Requires reports to the legislature, protection of proprietary provider information, and regular audits of the fund.

TRN, CPC, FIN

Decision making to follow.