SENATE COMMITTEE ON WATER, LAND USE AND AGRICULTURE AND HOUSE COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS AND SENATE COMMITTEE ON EDUCATION AND HOUSE COMMITTEE ON HIGHER EDUCATION

Tuesday, March 2, 2004

2:00 p.m.

Conference Room 329; State Capitol

AGENDA:

UPDATE ON THE AUDITOR'S REPORT ON THE MANAGEMENT OF MAUNA KEA

The purpose of this informational briefing is to discuss the State Auditor's 1998 report, the Audit of the Management of Mauna Kea and the Mauna Kea Science Reserve. Participants in this briefing include:

Marion M. Higa, State Auditor

Stephanie Nagata, Assistant Director, Office of Mauna Kea Management

Kealoha Pisciotta, President, Mauna Kea Anaina Hou

Deborah Ward, Mauna Kea Issues Co-Chair, Conservation Committee, Sierra Club, Hawaii Chapter

Dr. James Gaines, Interim Vice President for Research, University of Hawaii

Ed Stevens, Chair, Kahu Ku Mauna Council

 

COMMITTEE ON FINANCE

Tuesday, March 2, 2004

Conference Room 308; State Capitol

2:00 p.m. AGENDA:

HB 2061

HD1

(HSCR281-04)

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Repeals the transient accommodations tax (TAT) trust fund and the distribution of TAT revenues into it. Changes the TAT revenues deposited into the tourism special fund to 36.7 per cent. Removes the cap on deposits into the convention center enterprise special fund.

TAC, FIN

HB 2291

HD1

(HSCR346-04)

RELATING TO TRANSPORTATION.

Provides further economic relief for airport concessionaires.

TRN, FIN

HB 2759

MAKING AN APPROPRIATION FOR THE PURCHASE OF LAND IN PUPUKEA-PAUMALU, OAHU.

Appropriates funds to purchase 1,110 acres in the Puukea-Paumalu area on Oahu.

FIN

HB 2354

MAKING AN EMERGENCY APPROPRIATION TO RISK MANAGEMENT.

Appropriates emergency funds ($1,550,000 FY 2003-2004) for, and increases the spending ceiling of, the State Risk Management Revolving Fund to pay for anticipated losses that would exceed the current appropriation and spending ceiling.

FIN

HB 1805

HD2

(HSCR451-04)

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.

PSM, WLH, FIN

HB 1806

HD1

(HSCR450-04)

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).

PSM, WLH, FIN

Decision making to follow.

 

3:15 p.m. AGENDA:

HB 2215

HD1

(HSCR295-04)

RELATING TO PUBLIC EMPLOYMENT.

Clarifies that an employee who received a special retirement incentive benefit may be reemployed by the State without having to forfeit all benefits received if the employee's subsequent employment with the State is by contract-for-service for a period not to exceed one year in duration.

LAB, FIN

HB 2262

(HSCR291-04)

RELATING TO PENSION AND RETIREMENT SYSTEMS.

Provides that if a police officer who suffers from a service-connected disability continues public service in any position other than as a police officer, the member's retirement allowance shall be 2-1/2% of the member's average final compensation for each year of credited service as a police officer.

LAB, FIN

HB 2398

HD1

(HSCR296-04)

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Establishes the employer contributions to the Employees' Retirement System at 15.75 percent of the member's compensation for police and firefighters and 13.75 percent of the member's compensation for all other employees beginning in FY 2005-2006. Eliminates the separate computation of contributions for the Early Incentive Retirement Plan and includes in the total contributions computed as a stated percentage of compensation payment for the remaining amounts due for the Plan as of June 30, 2005.

LAB, FIN

HB 2403

(HSCR292-04)

RELATING TO THE FEDERAL TAX LIMIT ON COMPENSATION APPLICABLE TO THE EMPLOYEES' RETIREMENT SYSTEM.

Applies the federal tax limits on pension compensation effective 7/1/96, and adds a non-tax-qualified arrangement to protect benefits accrued in excess of the federal tax limits for the period 7/1/96, through 6/30/04. Appropriates $357,350 to pay the non-tax-qualified benefits.

LAB, FIN

HB 2404

(HSCR293-04)

RELATING TO FEDERAL TAX QUALIFICATION OF THE EMPLOYEES' RETIREMENT SYSTEM.

Incorporates some of the required provisions into chapter 88 and authorizes the Board of Trustees to adopt as rules the remainder of the required provisions that are not presently part of chapter 88 or the rules of the ERS.

LAB, FIN

HB 2713

HD1

(HSCR365-04)

RELATING TO SOCIAL SECURITY FOR PUBLIC EMPLOYEES.

Extends additional social security benefits to employees of the East-West Center.

LAB, FIN

Decision making to follow.

4:45 p.m. AGENDA:

HB 2466

(HSCR311-04)

MAKING AN EMERGENCY APPROPRIATION FOR THE STATE WORKERS' COMPENSATION PROGRAM.

Appropriates additional emergency funds ($4,993,726) for the state workers' compensation program, for FY 2003-2004.

LAB, FIN

HB 1792

HD1

(HSCR315-04)

RELATING TO LABOR.

Conforms state statutory provisions to the Temporary Extended Unemployment Compensation Act of 2002. Eliminates the fund restriction to UI administrative use only, so that monies can also be used for other purposes. Directs the Department of Labor and Industrial Relations to utilize $1,473,900 in federal Reed Act funds for unemployment compensation (LBR171) and to utilize $1,473,900 in other federal funds to supplant general fund appropriations in the same amount for general administration (LBR902) for fiscal year 2003-2004.

LAB, FIN

HB 1774

HD1

(HSCR461-04)

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. Allows for the use of federal Reed Act funds to offset anticipated increases in unemployment insurance claims.

LAB, FIN

HB 1374

HD1

(HSCR432-04)

RELATING TO WORKERS' COMPENSATION.

Entitles parties that successfully investigates fraud to be entitled to 50 percent 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 2657

HD1

(HSCR434-04)

RELATING TO WORKERS' COMPENSATION.

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

LAB, FIN

HB 2659

HD1

(HSCR408-04)

RELATING TO WORKERS' COMPENSATION.

Appropriates general funds for the establishment of two new positions in the disability compensation division of the department of labor and industrial relations to process vocational rehabilitation plans.

LAB, FIN

Decision making to follow.

 

5:00 p.m. AGENDA:

Decision making only (heard on Thursday, February 26, 2004):

HB 2386

HD1

(HSCR414-04)

RELATING TO CRIMINAL PROCEDURE.

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

JUD, FIN

HB 2520

HD1

(HSCR415-04)

RELATING TO COMMERCIAL DRIVER LICENSING.

Adopts federal requirements relating to commercial motor vehicle safety and licensing (Motor Carrier Safety Improvement Act of 1999).

JUD, FIN

HB 2864

HD1

(HSCR399-04)

RELATING TO CORRECTIONAL FACILITIES.

Directs the executive branch to prepare preliminary design and request for proposals for the design, development, and operation of a correctional treatment facility and to consider the undeveloped portion on the existing Halawa correctional facility as one possible site for the facility.

PSM, FIN

HB 2184

HD1

(HSCR477-04)

RELATING TO THE BOARD OF 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, FIN

HB 2273

(HSCR117-04)

 

RELATING TO EDUCATION.

Establishes a revolving fund for the after-school plus program.

EDN, FIN

HB 2911

HD1

(HSCR266-04)

RELATING TO CHARTER SCHOOLS.

Requires accountings conducted by new century charter schools to be subject to audit and inspection by the department and the auditor. Requires disclosure of certain financial records and policies and procedures. Requires compliance with health and safety requirements, county laws and requirements, and state and county land use laws.

EDN, FIN

Decision making only (heard on Friday, February 27, 2004):

HB 2956

(HSCR345-04)

RELATING TO MASS TRANSIT.

Reserves a portion of state gasoline tax revenues paid in Honolulu to pay for a fixed guideway mass transit system.

TRN, FIN

HB 2883

HD2

(HSCR385-04)

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

HB 2961

HD1

(HSCR170-04)

RELATING TO ETHANOL.

Changes ethanol investment tax credit to a production tax credit that provides an incentive based on production capacity of the facility. Provides credit of 30 cents per gallon of nameplate capacity between 10,000 and 15 million gallons.

EEP, FIN

HB 2968

HD1

(HSCR168-04)

RELATING TO SOLID WASTE MANAGEMENT.

Clarifies and increases the effectiveness of the Deposit Beverage Container Program by exempting containers exported for sale from the container fee after 10-1-04, determining the redemption rate on an annual basis, allowing the 5-cent deposit value to be charged starting 11/1/04, exempting beverage container deposits from income tax, among other provisions.

EEP, FIN

HB 2172

HD1

(HSCR377-04)

RELATING TO TELECOMMUNICATIONS.

Exempts telecommunications carriers from the requirement of prior PUC approval before issuing securities.

CPC, FIN

COMMITTEE ON JUDICIARY

Tuesday, March 2, 2004

3:05 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 2023

HD1

(HSCR287-04)

RELATING TO ADMINISTRATIVE APPEALS.

Requires that administrative appeals for the Department of Human Services be heard de novo. (HB2023 HD1)

HSH, JUD

HB 2320

RELATING TO VICTIM RESTITUTION.

Removes judicial discretion to mandate that defendants make restitution to victims. Provides that a defendant's financial ability to make restitution payments may be considered only in connection with establishing a restitution payment schedule.

JUD

HB 698

RELATING TO CRIMINAL TRESPASS.

Amends the criminal trespass laws to prohibit persons from entering or remaining unlawfully on certain public or private property for a specified time period, after a reasonable warning or request to leave the premises has been issued.

JUD

HB 2792

(HSCR111-04)

RELATING TO PRIVATE ROADS.

Requires owners of private roads to maintain private roads pursuant to agreement or in absence of agreement in equal shares.

WLH/TRN, JUD

HB 2527

HD1

(HSCR252-04)

RELATING TO SPECIAL INTEREST VEHICLES.

Repeals requirement that special interest vehicles be subject to reconstructed vehicle law. (HB2527 HD1)

TRN, JUD

HB 2361

RELATING TO THE PUBLIC AGENCY MEETINGS.

Specifies that only groups expressly created by the State Constitution or a statute, charter, executive order, or ordinance, to function in a parliamentarian fashion, and which have delegated governmental authority over specific matters of public business constitute "boards" for purposes of the state Sunshine Law.

JUD

Decision making to follow.

 

Decision making only:

HB 2301

RELATING TO APPELLATE JURISDICTION.

Amends appellate jurisdiction of the supreme court and the intermediate appellate court changing the supreme court's jurisdiction to appeals by writ of certiorari or transfer from the intermediate appellate court. Repeals criteria for assigning appeals. Requires most appeals to be filed with the intermediate appellate court instead of the supreme court.

 

JUD

HB 1765

RELATING TO GOVERNMENT BOARDS, COMMISSIONS, AND AGENCIES.

Provides for the expiration of the term of a member of a government board, commission, or any agency who failed to attend two consecutive meetings where the board was not able to constitute quorum because of the absence of the member.

 

JUD

HB 2717

RELATING TO LIENS.

Clarifies that a lien for services in a personal injury case shall be established pursuant to a settlement or judgment for damages for personal injury.

JUD

HB 2786

RELATING TO ARBITRATION.

Extends to suits in arbitration the situations in which a losing insurer must pay attorney's fees and costs to the prevailing insured or other party.

JUD

HB 2378

RELATING TO THE SOVEREIGN IMMUNITY OF BOARDS AND COMMISSIONS.

Specifies that all administratively attached boards and commissions are arms of the State of Hawaii and entitled to claim sovereign immunity to the same extent as the State itself.

JUD

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

HB 2925

HD1

(HSCR427-04)

RELATING TO REFUSE.

Allows citizens who report illegal dumping activity to receive 50 percent of the fines collected when a conviction results. Requests the Auditor to analyze procedures necessary to regulate solid waste haulers and require trip records. (HB2925 HD1)

EEP, JUD

HB 2050

(HSCR395-04)

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

 

COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS

Wednesday, March 3, 2004

8:30 a.m.

Conference Room 423; State Capitol

AGENDA:

Copies of PROPOSED HB 87 HD1, are available in Room 405.

HB 87 HD1

RELATING TO LAND USE. Direct lease negotiations for beach services at Duke Kahanamoku Beach.

WLH

HCR 41

REQUESTING A STUDY TO ASSESS THE FEASIBILITY OF DEVELOPING A PARK IN KAPOHO, HAWAII.

WLH

HCR 42

HR 25

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO IDENTIFY TEN AREAS OR ISSUES THAT ARE OF CURRENT AND URGENT CONCERN REGARDING THE FORESTS OF THE STATE.

WLH, FIN

Decision making to follow.

 

COMMITTEE ON FINANCE

Wednesday, March 3, 2004

Conference Room 308; State Capitol

10:00 a.m. AGENDA:

HB 2294

(HSCR368-04)

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 1710

HD1

(HSCR45-04)

RELATING TO THE UNIVERSITY OF HAWAII.

Establishes a student scholarship and support special fund within the University of Hawaii to administer financial assistance and obtain additional tuition and scholarship support and matching moneys from federal and private sources.

HED, FIN

HB 2747

RELATING TO TAXATION.

Amends section 231-4.3 for clarity and style.

FIN

HB 2748

RELATING TO STATE FINANCES.

Amends section 39-17 for clarity and style.

FIN

HB 2749

RELATING TO STATE FUNDS.

Amends section 36-31(c) by deleting an obsolete effective date reference.

FIN

HB 2814

HD1

(HSCR273-04)

RELATING TO KALAUPAPA SETTLEMENT.

Requires the Department of Health to track Kalaupapa Settlement patient and non-patient costs separately, whenever possible, and to submit an annual report to the Legislature to report initiatives and improvements.

HLT, FIN

Decision making to follow.