COMMITTEE ON HIGHER EDUCATION AND COMMITTEE ON EDUCATION

Thursday, February 19, 2004

1:15 p.m.

State Capitol Auditorium

AGENDA:

HB 1888

RELATING TO PHYSICAL EDUCATION.

Directs the UH college of education, department of kinesiology and leisure science, to review the physical education programs in Hawaii's public schools to determine what needs to be improved in order to ensure that all children in grades kindergarten through twelve have meaningful physical education programs.

HED/EDN, FIN

HB 891 HD 1

RELATING TO THE UNIVERSITY OF HAWAII.

Establishes a research and training revolving fund for the University of Hawaii medical school and health sciences library. Transfers start up funds from the university if Hawaii research and training revolving fund.

HED

Decision making to follow.

 

COMMITTEE ON EDUCATION AND COMMITTEE ON JUDICIARY AND COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Thursday, February 19, 2004

1:30 p.m.

State Capitol Auditorium

AGENDA:

Decision making only:

HB 2589

PROPOSING AN AMENDMENT TO ARTICLE 3, SECTION 16, OF THE HAWAII CONSTITUTION, TO MODIFY THE VETO POWERS OF THE GOVERNOR.

Proposes a constitutional amendment to prohibit the governor from vetoing specific items appropriated for the benefit of public schools.

EDN/JUD, FIN

HB 1895

RELATING TO EDUCATION.

Proposes to amend Article X, section 2 of the Hawaii Constitution to provide for election of Board of Education members from school districts as provided by law; upon passage of the constitutional amendment, requires 17 BOE members, with one member per district to be elected out of 17 school districts; requires residency in the school district; creates a temporary School District Commission modeled on the Reapportionment Commission to establish 17 school districts each comprised of 3 representative districts, that to the extent possible preserve school complex and community boundaries; provides that thereafter the Reapportionment Commission shall in a reapportionment year redraw school district boundaries consistent with statutory criteria and reapportioned districts.

EDN/JUD

HB 2331

PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO PUBLIC EDUCATION.

Proposes a constitutional amendment that would: (1) establish local school boards throughout the State to be elected from at least 7 school districts as provided by law; and (2) create an educational standards and accountability commission.

EDN/JUD, FIN

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

 

COMMITTEE ON JUDICIARY

Thursday, February 19, 2004

Conference Room 325; State Capitol

4:00 p.m. AGENDA:

HB 2386

RELATING TO CRIMINAL PROCEDURE.

Allows certain class B and class C felony charges to be initiated by information charging.

JUD, FIN

Decision making to follow.

 

Thursday, February 19, 2004

Conference Room 325; State Capitol

7:00 p.m. AGENDA:

HB 1024

RELATING TO CIVIL UNION.

Establishes civil unions. Allows two persons who live together, consider themselves to be members of each other's immediate family, agree to be jointly responsible for each other's basic living expenses, not married, not related by blood, and at least eighteen years of age, to file a declaration of civil union with the director of health. Extends same rights and obligations as spouses in a marital relationship to civil union partners. Prohibits discrimination because of civil union partnership status. Repeals reciprocal beneficiary law.

JUD, FIN

HB 537

RELATING TO CIVIL RIGHTS.

Adds sexual orientation as a protected status for laws prohibiting discrimination in housing. Creates an additional exemption to discrimination in housing law. Adds sexual orientation and familial status as protected statuses in anti-blockbusting law.

JUD

Decision making to follow.

 

 

COMMITTEE ON HUMAN SERVICES AND HOUSING AND COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Friday, February 20, 2004

8:30 a.m.

Conference Room 329; State Capitol

AGENDA:

HB 2858

RELATING TO SOCIAL WORKERS.

Establishes guidelines for Child Welfare Services social worker caseloads and implements a salary reclassification for Child Welfare Division social workers.

HSH/LAB, FIN

Decision making to follow.

 

COMMITTEE ON HUMAN SERVICES AND HOUSING AND COMMITTEE ON HEALTH

Friday, February 20, 2004

9:00 a.m.

Conference Room 329; State Capitol

AGENDA:

HB 2088

RELATING TO CRITICAL ACCESS HOSPITALS

Substitutes DHS for Hawaii health systems corporation for state matching funds for rural hospitals. Makes permanent definition of "critical access hospital," payment methodology to these hospitals using Medicare reasonable cost principles, and exemption of these hospitals from Medicaid reimbursement equity.

HSH/HLT, FIN

Decision making to follow.

 

COMMITTEE ON AGRICULTURE AND COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS AND COMMITTEE ON ENERGY AND ENVIRONMENTAL PROTECTION

Friday, February 20, 2004

Conference Room 325; State Capitol

8:30 a.m. AGENDA:

Decision making only:

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 2050

RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINE.

Authorizes the department of agriculture to restrict the entry into the State of any articles originating from Guam that have not been certified as having been inspected by the U.S. Department of Agriculture-Wildlife Services or other approved agency prior to shipment from Guam.

AGR/EEP, JUD

8:45 a.m. AGENDA:

Decision making only:

HB 2848

RELATING TO COMMERCIAL ANIMAL FEED.

Provides a general excise tax exemption for amounts received from the sale of commercial feed that is grown or harvested in Hawaii and a GET and use tax exemption for the purchase of equipment to grow, maintain, or harvest plants used for commercial animal feed.

AGR, FIN

HB 2841

MAKING AN APPROPRIATION FOR BIOREMEDIATION RESEARCH.

Appropriates funds for bioremediation pilot project on agricultural lands in West Maui.

AGR, FIN

HB 2051

HD1

(HSCR31-04)

RELATING TO THE DEPARTMENT OF AGRICULTURE.

Authorizes the department of agriculture to charge user fees for the inspection, permitting and other services provided by the Department.

EEP, AGR, FIN

COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS

Friday, February 20, 2004

8:45 a.m.

Conference Room 325; State Capitol

AGENDA:

HB 1713

RELATING TO KAHULUI HARBOR.

Prohibits the use of nets to fish in Kahului harbor.

WLH, JUD

HB 2338

RELATING TO THE EXEMPTION OF LEASES AND UTILITY AND ACCESS EASEMENTS.

Exempts leases and access and utility easements from the prohibition of private restrictions on agricultural uses and activities within State agricultural districts.

WLH, JUD

HB 2345

RELATING TO AGRICULTURAL LANDS.

Revises provisions that impair the transfer of agricultural land from the Department of Land and Natural Resources to the Department of Agriculture.

WLH

HB 1805, HD1

RELATING TO THE STATE PLAN.

Clarifies the policy of the State to actively encourage the maintenance and expansion of federal investment in military facilities in the State. (HB1805 HD1)

WLH, FIN

HB 1806, HD1

RELATING TO MILITARY INSTALLATIONS.

Requires notification to the commanding officer of the military installation of: (1) zoning changes and (2) district boundary amendments for land within 3,000 feet or two miles of a military installation (depending on the size of the population of the county in question). (HB1806 HD1)

WLH, FIN

HB 1807, HD1

RELATING TO THE ENVIRONMENTAL IMPACT STATEMENT LAW.

Requires an environmental assessment for any actions that propose any county general plan amendment or state land use commission petition to classify lands within 3,000 feet or two miles of any military installation (depending on the size of the population of the county in question). (HB1807 HD1)

WLH, FIN

HB 2716

RELATING TO THE SOUTH KONA WILDERNESS AREA.

Appropriates funds to DLNR to conduct an appraisal of private lands contained within the South Kona Wilderness Area for the purpose of purchasing the land or conducting a land exchange.

WLH, FIN

HB 2303

RELATING TO NORTH KOHALA.

Preserves a cluster of historical sites in North Kohala on the island of Hawaii by authorizing the department of land and natural resources to condemn the land adjacent to the Kohala historical sites state monument. Allows the Mo`okini Luakini Corporation to protect and care for the Mo`okini Heiau.

WLH, FIN

Decision making to follow.

 

COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Friday, February 20, 2004

9:30 a.m.

Conference Room 309; State Capitol

AGENDA:

Decision making only (heard on February 13, 2004):

HB 2133

RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT.

Creates a collective bargaining unit for substitute teachers of the DOE, including part-time employees working less than one-half of a full-time equivalent.

LAB, FIN

 

 

Decision making only (heard on February 17, 2004):

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 only (heard on February 17, 2004):

HB 880

RELATING TO WORKERS' COMPENSATION.

Expands prohibition of stress-related claims for workers' compensation to include all lawful personnel actions.

LAB, FIN

PROPOSED

HD1

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.

  

HB 1374

RELATING TO WORKERS' COMPENSATION.

Provides employers the option of selecting a medical care provider to provide medical services to an employee injured in the workplace.

LAB, FIN

PROPOSED

HD1

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.

  

HB 1775

RELATED TO WORKERS'S COMPNSATION.

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

PROPOSED

HD1

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".

  

HB 1776

RELATING TO WORKERS' COMPENSATION.

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

PROPOSED

HD1

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.

  

HB 2324

RELATING TO WORKERS' COMPENSATION.

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

PROPOSED

HD1

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.

  

HB 2486

RELATING TO WORKERS' COMPENSATION.

Establishes a definition for the term "attending physician". Excludes from the definition of "employment" service performed by a member of a limited liability company, a partner of a partnership, a partner of a limited liability partnership, and a sole proprietor. Disallows compensation for mental injury or illness caused by good faith personnel actions. Allows an employer to require an injured employee to select a physician from an employer designated healthcare provider list for medical service for the first 120 days of treatment. Limits charges for emergency room services. Revises provisions relating to plans of rehabilitation. Clarifies when benefits may be terminated if a false claim is filed. Validates arbitration agreements and mediation. Allows the Insurance Fraud Investigations Branch to initiate prosecutions and disciplinary actions.

LAB, FIN

PROPOSED

HD1

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".

  

HB 2657

RELATING TO WORKERS' COMPENSATION.

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

PROPOSED

HD1

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

  

HB 2659

RELATING TO WORKERS' COMPENSATION.

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

PROPOSED

HD1

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.

  

HB 2658

RELATING TO WORKERS' COMPENSATION.

Appropriates funds for fiscal year 2004-2005 for the purchase and installation of computers and software to process workers’ compensation claims in the State of Hawaii.

LAB, FIN

PROPOSED

HD1

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.

  

HB 2660

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

PROPOSED

HD1

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