COMMITTEE ON EDUCATION

Friday, February 13, 2004

2:00 p.m.

Conference Room 309; State Capitol

AGENDA:

HB 1882

RELATING TO SCHOOL PERSONNEL.

Appropriates funding to hire additional career counselors for each department of education high school, based on school enrollment.

EDN, FIN

HB 1891

RELATING TO EDUCATION.

Establishes nutrition standards for food and beverages sold to students in public and private elementary, middle, and intermediate schools; establishes school nutrition advisory council.

EDN, FIN

HB 2667

(HSCR44-04)

RELATING TO HAWAIIAN LANGUAGE MEDIUM EDUCATION.

Establishes Hawaiian medium education program.

WLH, EDN, FIN

HB 1937

HD1

(HSCR6-04)

RELATING TO THE BOARD OF EDUCATION.

Requires the military representative serving on the board of education to be seated with the other members and to participate in discussions about board matters, including executive meetings.

PSM, EDN

HB 2871

HD1

(HSCR77-04)

RELATING TO TOBACCO.

Prohibits smoking by public employees in public schools, on school transport, and at school-sponsored functions anywhere, except at a school function in an enclosed room not located on school premises and no student is present. Excludes smoking in public schools as a negotiable item for all public employees. (HB2871 HD1)

HLT/LAB, EDN

Decision making to follow.

 

 

COMMITTEE ON TOURISM AND CULTURE AND COMMITTEE ON JUDICIARY

Friday, February 13, 2004

2:00 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 2608

RELATING TO THE HAWAII TOURISM AUTHORITY.

Allows HTA to hire its own attorneys; exempts the HTA's accounts from supervision by the comptroller; exempts the director of the HTA from the state retirement system; requires deposit into the tourism special fund of all interest and revenues derived from projects or project agreements; revises total compensation package percentage of the executive director; makes appropriation to the HTA to improve operational and financial efficiency of the HTA.

TAC/JUD, FIN

HB 2609

RELATING TO THE HAWAII TOURISM AUTHORITY.

Authorizes the Hawaii Tourism Authority to employ its own attorneys. Requires public disclosure of contracts and subcontracts entered into by Hawaii Tourism Authority in accordance with chapter 92F. Appropriates $8,000,000 to the HTA from the tourism special fund for FY 2004-2005.

TAC/JUD, FIN

Decision making to follow.

 

COMMITTEE ON JUDICIARY

Friday, February 13, 2004

2:15 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 1795

HD1

(HSCR35-04)

RELATING TO FOSTER CUSTODY.

Requires department of human services to establish a protocol to implement a good faith and diligent effort to identify and locate extended family members for possible foster custody placement for a child.

HSH, JUD, FIN

HB 1862

RELATING TO CHILD SUPPORT ENFORCEMENT.

Allows filing civil action in court to require child support enforcement agency to enforce support orders and comply with state and federal laws regarding disbursement and notification regarding child support accounts. Pays reasonable attorney's fees and litigation costs if successful.

JUD, FIN

HB 1863

HD1

(HSCR81-04)

RELATING TO FAMILIES.

Expands jurisdiction of family court. Requires use of Ohana Conferencing in contested cases. Encourages use of voluntary service plans. Protects parents' rights. Requires necessary services to be provided to children placed in permanent custody of Department of Human Services. Appropriates funds. (HB1863 HD1)

HSH, JUD, FIN

HB 2025

HD1

(HSCR8-04)

RELATING TO EQUAL PAY.

Prohibits employers from discriminating between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work.

LAB, JUD, FIN

HB 2238

RELATING TO MOTOR VEHICLE DRIVER LICENSING.

Creates an additional fee for the issuance of a driver's license to cover costs incurred by the police department related to payment of compensation to prepare for hearing and proceedings related to a DUI offense.

JUD, FIN

HB 2294

RELATING TO FEES FOR ADMINISTRATIVE COSTS IN TRAFFIC CASES.

Increases the administrative costs imposed for processing of traffic cases and provides that additional moneys collected will be deposited in the judiciary computer systems special fund.

JUD, FIN

HB 2976

RELATING TO THE WEED AND SEED STRATEGY.

Makes an appropriation for the Weed and Seed strategy.

JUD, FIN

HB 2979

RELATING TO THE OFFICE OF PUBLIC INTEGRITY.

Establishes the Office of Public Integrity to consolidate the ethics commission, campaign spending commission, office of elections, and office of the ombudsman to increase efficiency in the delivery of services and maximize each agency's ability to ensure fairness and integrity in government.

JUD, FIN

HB 2070

RELATING TO ELECTIONS.

Establishes a comprehensive public funding program for state house of representatives candidates who agree to abide by campaign contribution and expenditure limits and meet other criteria.

JUD, FIN

HB 2333

RELATING TO PUBLIC RECORDS.

Permits an agency to ask the Office of Information Practices to place limits on a records requester whose established pattern of conduct amounts to an abuse of a process.

JUD

Decision making to follow.

 

COMMITTEE ON HIGHER EDUCATION

Friday, February 13, 2004

2:15 p.m.

Conference Room 329; State Capitol

AGENDA:

Decision making only:

HB 891

RELATING TO THE UNIVERSITY OF HAWAII.

Short form bill relating to the University of Hawaii.

HED

 

COMMITTEE ON HEALTH AND COMMITTEE ON HUMAN SERVICES AND HOUSING

Saturday, February 14, 2004

9:00 a.m.

Conference Room 329; State Capitol

AGENDA:

HB 1714

RELATING TO INCOME TAX.

Allows deductions for health care costs (which includes long-term care insurance premium costs) for amounts in excess of 0.5% (rather than 7.5%) of adjusted gross income.

HLT/HSH, FIN

HB 1768

RELATING TO LONG-TERM CARE INSURANCE PREMIUM TAX CREDIT.

Provides tax credit to resident taxpayers, regardless of adjusted gross income, for long-term care insurance premiums at lesser of $2,000 or 20% of the amount of the insurance premium paid. Prohibits medical expense deduction for long-term care insurance cost if tax credit is claimed.

HLT/HSH, FIN

HB 1785

RELATING TO LONG-TERM CARE.

Provides tax credit to resident taxpayers, regardless of adjusted gross income, for long-term care insurance premiums at lesser of $2,500 or 50% of the amount of the insurance premium paid. If the tax credit is claimed, a medical expense deduction for long-term care insurance cost is prohibited.

HLT/HSH, FIN

HB 2109

RELATING TO LONG-TERM CARE.

Provides a tax credit to resident taxpayers, regardless of adjusted gross income, for long-term care insurance premiums at lesser of $2,500 or a percentage of the amount of the insurance premium paid. If the tax credit is claimed, a medical expense deduction for long-term care insurance cost is prohibited.

HLT/HSH

HB 2110

RELATING TO CAREGIVER TAX CREDIT.

Provides a $5,000 tax credit for providers of eligible care recipients.

HLT/HSH

HB 2111

RELATING TO LONG-TERM CARE.

Establishes a long-term care income tax to pay for long-term care benefits; imposes tax on individuals earning not less than an unspecified amount of income; allows recipient of LTC benefits to transfer benefits upon death to designated person; establishes long-term care income tax credit for amounts paid for purchase of long-term care insurance; clarifies that long-term care taxes are not state funds; makes appropriations.

HLT/HSH, FIN

HB 2016

RELATING TO LONG-TERM CARE.

Makes it a state objective to recognize the importance of the contributions of family caregivers and to support them, to the extent possible, in serving the long-term care needs of the State's residents.

HLT/HSH

HB 2107

RELATING TO CONSUMER-DIRECTED CARE.

Requires the department of human services to establish a consumer-directed care program that allows recipients of home and community-based services to select the services they need and to choose their providers, giving consumers more choices and greater control over the purchased long-term care they receive.

HLT/HSH

HB 2113

RELATING TO FAMILY CAREGIVERS.

Appropriates funds to the executive office on aging for a family caregiver services coordinator position, training for family caregivers, respite for family caregivers, and the establishment of an advisory board of family caregiving issues.

HLT/HSH, FIN

HB 2114

RELATING TO FAMILY AND CAREGIVER SUPPORT.

Requires department of health, within limits of state and federal resources, to provide certain family and caregiver support services to persons aged 60 and older and their families and caregivers.

HLT/HSH, FIN

HB 2015

RELATING TO LONG-TERM CARE.

Appropriates $ in FY 2004-2005 to DOH and $ to DHS to reimburse family caregivers who provide at-home care to qualified relatives. Sets eligibility and uses of reimbursement. Requires DHS and DOH to adopt rules.

HSH/HLT, FIN

HB 2108

RELATING TO LONG-TERM CARE.

Establishes a long-term care income tax to pay for long-term care benefits; establishes long-term care tax credit for amounts paid for purchase of long-term care insurance; appropriates funds.

HSH/HLT, FIN

HB 2126

RELATING TO TRANSFER TRAUMA.

Recognizes transfer trauma and its impact on health care decisions. Requires the DOH to consider threats to an individual's health and safety caused by transfer trauma when considering transfer of adult residential care home residents, and license revocation, and/or closure of or reduction of beds in the facilities.

HLT/HSH, FIN

 

HB 2115

RELATING TO QUALITY ASSURANCE.

Adds long-term care facility, home care agency, and hospice to those institutions that may establish an interdisciplinary quality assurance committee.

HLT/HSH, FIN

Decision making to follow.

 

HLT only:

HB 1839

RELATING TO PAIN PATIENT'S BILL OF RIGHTS.

Gives rights to pain patients. Authorizes doctors to prescribe medically necessary dose of controlled substance to treat intractable pain. Protects doctor from disciplinary action. Allows refusal to so prescribe but requires informing patient of other doctors who use opiates to treat chronic intractable pain.

HLT, CPC/JUD

HB 2083

AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING AN APPROPRIATION FOR THE KULAMALU LONG-TERM CARE FACILITY AND ADULT DAY CARE FACILITY IN KULA, MAUI.

Authorizes the issuance of general obligation bonds for the design, land acquisition, and construction of the Kulamalu Long-Term Care Facility in Kula, Maui.

HLT, FIN

Decision making to follow.

 

Decision making only:

HB 2485

RELATING TO WEST NILE VIRUS.

Short form measure to improve the State's ability to detect, prevent, and respond to West Nile Virus.

HLT, EEP, FIN

HB 558

RELATING TO THE ELDERLY.

Short form purpose is to effectuate its title.

HLT

HB 557

RELATING TO HEALTH.

Short form measure to clarify the primacy of department of health rules regarding the sale of fish.

HLT

HB 2510

RELATING TO A LONG-TERM CARE TAX CREDIT.

Provides a refundable net income tax credit to individuals purchasing long-term care insurance.

HLT/HSH, CPC, FIN

HB 2015

RELATING TO LONG-TERM CARE.

Appropriates $ in FY 2004-2005 to DOH and $ to DHS to reimburse family caregivers who provide at-home care to qualified relatives. Sets eligibility and uses of reimbursement. Requires DHS and DOH to adopt rules.

HSH/HLT, FIN

COMMITTEE ON INTERNATIONAL AFFAIRS

Tuesday, February 17, 2004

8:30 a.m.

Conference Room 423; State Capitol

AGENDA:

HB 2859

RELATING TO THE DEVELOPMENT OF AN INTERNATIONAL EQUESTRIAN FACILITY.

Requires the governor to convene an international equestrian facility working group to analyze issues related to the establishment, operation, and maintenance of a state of the art Olympic-quality equestrian facility on Oahu to provide services and facilities to local residents, mainland visitors, and international visitors; appropriates $50,000.

INT, FIN

Decision making to follow.

 

COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Tuesday, February 17, 2004

State Capitol Auditorium

8:30 a.m. AGENDA:

HB 2420

RELATING TO PEST CONTROL.

Specifies that a pest control operator must obtain and maintain continuous coverage of workers' compensation and liability insurance for licensure. And sets forth the consequences for failing to do so.

LAB, CPC

HB 2261

RELATING TO HEALTH BENEFITS.

Provides collective bargaining 12 with a tax credit for health care benefits due to the increased cost.

LAB, FIN

Decision making to follow.

 

9:00 a.m. AGENDA:

The Administration has proposed an omnibus measure intended to reform Hawaii's workers' compensation system. This measure, House Bill No. 2486, contains nine (9) separate components pertaining to: managed care and limits on palliative care; exemptions for Limited Liability Corporations, Limited Liability Partnerships, partnerships, and sole proprietorships; "maximum medical improvement" and limits on coverage; mental stress claims; employer-designated health care providers; emergency care; vocational rehabilitation; arbitration; and fraud.

Due to the complexity and importance of each of these components, the following proposed House Drafts will be heard to solicit public comment and discussion:

HB 880

HD1

PROPOSED

RELATING TO WORKERS' COMPENSATION.

Excludes services performed by an individual who is a member of a limited liability company or a partner of a limited liability partnership who has a distributional interest in the company or partnership of at least fifty percent, a partner of a partnership, and a sole proprietor from the definition of "employment under the Workers' Compensation Law.

LAB, FIN

HB 1374

HD1

PROPOSED

RELATING TO WORKERS' COMPENSATION.

Mandates rather than permits that the administrative penalties of restitution of benefits or payments fraudulently received under the Workers' Compensation Law be enforced. Entitles parties that successfully investigates fraud to be entitled to 50% of a fine of not more than $10,000 for each violation upon a determination that fraud was committed. Authorizes the Insurance Fraud Investigations Branch, Department of Commerce and Consumer Affairs to initiate investigations, prosecutions, and disciplinary actions relating to workers' compensation.

LAB, FIN

HB 1775

HD1

PROPOSED

RELATING TO WORKERS'S COMPNSATION.

Clarifies that payment of benefits under the Workers' Compensation Law shall be terminated if maximum medical improvement has been reached, the employee has filed a false claim, or upon payment of 104 weeks of benefits, whichever comes first. Authorizes the Director to extend benefits upon finding after an administrative hearing that maximum medical improvement has not been achieved or that the injury is deteriorating. Establishes notification requirements of the Director's finding of maximum medical improvement, and proceedings by which a finding of maximum medical improvement may be administratively challenged. Defines "attending physician" and "maximum medical improvement".

LAB, FIN

HB 1776

HD1

PROPOSED

RELATING TO WORKERS' COMPENSATION.

Clarifies that no vocational rehabilitation plan shall include vocational rehabilitation requiring vocational or academic instruction permitting the employee to become self-employed. Provides that successive plans for vocational rehabilitation not be implemented without the approval of the employer. Provides that an employee's refusal to accept a rehabilitation plan shall terminate compensation for temporary total disability.

LAB, FIN

HB 2324

HD1

PROPOSED

RELATING TO WORKERS' COMPENSATION.

Provides that effective January 1, 2005, and for each succeeding calendar year thereafter, the changes for emergency room services under the Workers' Compensation Law provided within 48 hours from the point of injury shall be charged at usual and customary. However, the charge shall not exceed 200% of fees prescribed in the Medical Resource Based Relative Value Scale system applicable to Hawaii as prepared by the United States Department of Health and Human Services.

LAB, FIN

HB 2486

HD1

PROPOSED

RELATING TO WORKERS' COMPENSATION.

Requires employees to have no more than one attending physician in workers' compensation cases. Authorizes treatment by other physicians if allowed and referred by the attending physician upon a determination that the employee's injury or illness involves more than one body system and requires multidisciplinary care or is so severe or complex that the services of more than one qualified physician or health care provider are required. Provides limits on the number of visits and treatments provided by chiropractors, naturopaths, optometrists, podiatrists, psychologists, massage therapists and any other provider of care who does not qualify as an attending physician. Defines "attending physician" and "palliative care".

LAB, FIN

HB 2657

HD1

PROPOSED

RELATING TO WORKERS' COMPENSATION.

Establishes procedures for aggrieved parties to arbitrate controversies under the Worker's Compensation Law.

LAB, FIN

HB 2659

HD1

PROPOSED

RELATING TO WORKERS' COMPENSATION.

Prohibits compensation for mental injury or illness proximately caused by personnel actions taken in good faith, including disciplinary action, counseling, work evaluation or criticism, job transfer, layoff, demotion, suspension, termination, retirement, or other good faith actions associated ordinarily with personnel administration.

LAB, FIN

HB2658

HD1

PROPOSED

RELATING TO WORKERS' COMPENSATION.

Authorizes the employer to mandate the injured employee to select from an employer designated health care provider list (provider list) for the first 120 days of medical treatment. Requires the provider list to: (1) Contain no less than three physicians or physician networks; and (2) Be furnished upon date of employment or prior to the date of injury. Provides that 50% of the provider list contain qualified health providers who reside on the island where the injured employee resides. In the absence of any provider list, the injured employee may select any physician or surgeon practicing on the island where the injury was incurred. Only after 120 days of treatment for a work injury may an employee utilizing a provider list opt to change attending physicians for any reason.

LAB, FIN

HB 2660

HD1

PROPOSED

RELATING TO WORKERS' COMPENSATION.

Allows an employer to direct an employee to a physician of the employer's choice in workers' compensation cases.

LAB, FIN

COPIES OF THE PROPOSED HOUSE DRAFTS WILL BE AVAILABLE TO THE PUBLIC AFTER 8:00 A.M. ON FRIDAY, FEBRUARY 13, 2004, AT STATE CAPITOL, ROOM 439.

Decision making to follow.

 

COMMITTEE ON ECONOMIC DEVELOPMENT AND BUSINESS CONCERNS

Tuesday, February 17, 2004

9:15 a.m.

Conference Room 325; State Capitol

AGENDA:

Decision making only:

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

 

 

 

 

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

Tuesday, February 17, 2004

9:30 a.m.

Conference Room 325; State Capitol

AGENDA:

Decision making only (heard on February 6, 2004):

HB 2861

RELATING TO MARINE LIFE CONSERVATION DISTRICTS.

Allows the prohibition of commercial activities in the marine life conservation districts only if there is a showing of extreme hardship or unreasonable threat to the area.

TAC, WLH

HB 2781

RELATING TO INFORMATION PRACTICES.

Exempts the Hawaii convention center from the freedom of information law for the Hawaii convention center if compliance would result in a license agreement not being executed by a licensee requesting nondisclosure.

TAC, JUD

HB 2395

RELATING TO TAX CREDITS FOR FILM AND PERFORMING ARTS.

Expands Hawaii's current tax incentive package for motion picture and film production, and includes a refundable production tax credit.

 

TAC, EDB, FIN

Decision making only (heard on February 10, 2004):

HB 448

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Provides an exception to the transient accommodations tax for dinner parties and related events held at accommodations that would otherwise be liable under the transient accommodations tax law.

TAC, FIN

HB 2061

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Repeals the transient accommodations tax ("TAT") trust fund and the distribution of TAT revenues into the fund. Restores the TAT revenues deposited into the tourism special fund to 37.9 per cent. Removes the cap on deposits to the convention center enterprise special fund.

TAC, FIN

HB 2062

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Repeals the limit on deposits of transient accommodations tax revenues into the convention center enterprise special fund.

 

TAC, FIN

Reconsideration of bill passed with amendments (heard on February 10, 2004)

HB 2809

RELATING TO THE HOTEL PROJECT TAX CREDIT.

Provides a qualified hotel project tax credit for qualified costs relating to the plans, design, construction, and equipment needed to construct, alter, renovate or modify a hotel project.

 

TAC, FIN

Decision making only (heard on February 9, 2004)

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