COMMITTEE ON CONSUMER PROTECTION AND COMMERCE

Wednesday, February 2, 2005

Conference Room 325; State Capitol

1:30 p.m. AGENDA:

HB 1302

RELATING TO BUSINESS FEES.

Reduces filing, service, copying, and other business fees charged by the Department of Commerce and Consumer Affairs.

CPC, FIN

HB 99

RELATING TO BUSINESS.

Adjusts filing fees.

CPC, FIN

HB 160

RELATING TO THE COMPLIANCE RESOLUTION FUND.

Exempts insurers from assessments and fees paid into the Compliance Resolution Fund.

CPC, FIN

HB 53

RELATING TO HEALTH INSURER ASSESSMENTS.

Lowers the cap on aggregate annual assessments of health insurers from $1,000,000 to $500,000.

CPC, FIN

HB 660

RELATING TO CABLE TELEVISION.

Allows DCCA to provide a rebate to cable television subscribers if the annual fee collected from subscribers and deposited into the Compliance Resolution Fund exceeds the amount necessary to fund operations to regulate cable television.

CPC, FIN

HB 868

RELATING TO CEMETERIES.

Requires a record and the identification of the deceased interred in cemetery plots, crypts, and niches and an annual update of that record. Also prohibits disinterment of plots, crypts, or niches without prior approval and notice.

CPC, JUD

HB 1059

RELATING TO THE HAWAII HEALTH SYSTEMS CORPORATION.

Authorizes and funds creation of captive insurance company by HHSC to provide medical malpractice and hospital professional and general liability coverage to HHSC, DOH, UH medical school, and their physicians.

CPC, HLT/HED, FIN

HB 1115

RELATING TO ELECTRONIC COMMERCE.

Establishes the crime of abuse of commercial electronic mail, provides penalties, civil remedies, and a defense to the offense. Permits forfeiture of proceeds of computer crime.

CPC, JUD

HB 636

RELATING TO CABLE TELEVISION.

Allow the DCCA to provide additional funding to support public, educational, and governmental cable television access in underserved areas.

CPC, FIN

Decision making to follow.

 

2:00 p.m. AGENDA:

HB 105

(HSCR1)

RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

Prohibits tenants or guests from unlawfully possessing dangerous, harmful, or detrimental drugs in a dwelling unit or on surrounding premises. Authorizes a summary eviction proceeding for violation of the prohibition, wherein the landlord may rely upon notices or reports issued by law enforcement.

HSG, CPC, JUD

Decision making to follow.

 

 

COMMITTEE ON EDUCATION AND COMMITTEE ON HIGHER EDUCATION

Wednesday, February 2, 2005

Conference Room 309; State Capitol

2:00 p.m. AGENDA:

EDN/HED only:

HB 51

RELATING TO THE UNIFORM ATHLETE AGENTS ACT.

Enacts the Uniform Athlete Agents Act to protect student-athletes and educational institutions. Provides for registration of athlete agents, the required form of contract, the right of the student athlete to cancel an agency contract, disclosure requirements relating to record maintenance, reporting, renewal, notice, warning, and security. Provides for reciprocity among the States.

EDN/HED, CPC/JUD, FIN

HB 845

RELATING TO CRIMINAL HISTORY RECORD CHECKS.

Requires the Department of Education to conduct criminal history record checks on providers or subcontractors and institute of higher education trains who work and train in close proximity to children.

EDN/HED, JUD, FIN

HB 999

RELATING TO HAWAIIAN LANGUAGE MEDIUM EDUCATION.

Involves the University of Hawaii at Manoa Kualii Council in the determination of necessary qualifications of personnel of the office of Hawaiian language medium education, and in the addressing of Hawaiian language medium education through Hawaiian immersion teacher education and curriculum development.

EDN/HED, HAW, FIN

HB 1078

RELATING TO EDUCATION.

Includes teacher educators in the university of Hawaii system under the teacher national board certification incentive program.

EDN/HED, FIN

HB 1401

RELATING TO EDUCATION.

Establishes a pilot program for optional, semester-long, after-school language classes for elementary school students at a selected public elementary school, to be administered by the University of Hawaii through graduate assistantships. Appropriates funds.

EDN/HED, FIN

HB 1555

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR HUALALAI ACADEMY.

Authorizes the department of budget and finance to issue special purpose revenue bonds to assist Hualalai Academy.

EDN/HED, FIN

Decision making to follow.

 

2:30 p.m. AGENDA:

EDN only:

HB 527

RELATING TO ENTREPRENEURIAL PROGRAMS.

Establishes an entrepreneurial program by the department of education to offer courses taught by teachers with a background in business.

EDN, FIN

HB 529

RELATING TO EDUCATION.

Requires the DOE to establish the academy of Hawaii for gifted and talented students in order to develop the potential of students who have demonstrated superior achievement or possess the potential for superior achievement through the provision of appropriate educational opportunities.

EDN, FIN

HB 546

RELATING TO CHARTER SCHOOLS.

Repeals the current statutory "cap" of 25 new century charter schools and 23 conversion charter schools. Proposes an amendment to the Constitution to allow the Governor to appoint a voting member to the BOE from charter school parents, administrators, faculty and staff. Creates a new public charter schools statutory chapter, which authorizes the establishment of charter schools and sets forth powers, responsibilities, and administrative and governance provisions.

EDN, LAB, JUD, FIN

Decision making to follow.

Decision making only:

HB 60

RELATING TO EDUCATION.

Allows the student member of the board of education to vote on all matters.

EDN, JUD, FIN

HB 61

RELATING TO EDUCATION.

Lowers the compulsory education age from six to five years old, making attendance in kindergarten mandatory.

EDN, FIN

COMMITTEE ON ECONOMIC DEVELOPMENT AND BUSINESS CONCERNS

Thursday, February 3, 2005

8:30 a.m.

Conference Room 325; State Capitol

AGENDA:

HB 94

RELATING TO INCOME TAXATION.

Increases the capital goods income tax credit from 4% to 10% for taxable years beginning after 12/31/04, 8% for taxable years beginning after 12/31/06, and 4.5% for taxable years beginning after 12/31/08.

EDB, FIN

HB 133

RELATING TO THE ECONOMIC DIVERSIFICATION AUTHORITY.

Requires the department of business, economic development, and tourism to develop and implement plans, programs, and initiatives to diversify the economy of the State.

EDB, FIN

HB 333

RELATING TO ECONOMIC ASSISTANCE.

Requires corporate recipients of economic development assistance to adhere to certain requirements regarding job creation, job retention, investment of capital; requires uniform application for assistance; creates mechanism to track compliance; provides for recapture upon non-compliance.

EDB, FIN

HB 559

RELATING TO SMALL BUSINESS.

Procurement Policy Board Requires to adopt rules to provide set asides to small businesses in appropriate classifications, and to impose mandatory evaluation criteria designed to encourage the use of small businesses as subcontractors on large contracts.

EDB, FIN

HB 601

RELATING TO THE SMALL BUSINESS BILL OF RIGHTS.

Sets Forth The "Small Business Bill of Rights".

EDB, CPC/JUD, FIN

HB 602

RELATING TO THE SMALL BUSINESS REGULATORY FLEXIBILITY ACT.

Clarifies and amends the Small Business Regulatory Flexibility Act to include a provision establishing when the small business impact statement is to be submitted to the Small Business Regulatory Review Board, and update certain provisions.

EDB, JUD

HB 604

RELATING TO A BUSINESS-RESEARCH INSTITUTE TAX CREDIT.

Proposes a 20% business-research institute tax credit for the development and growth of new technology-intensive businesses.

EDB, FIN

HB 610

RELATING TO THE CAPITAL LOAN PROGRAM.

Moves the Hawaii Capital Loan Program to the Hawaii Strategic Development Corporation.

EDB, CPC, FIN

HB 611

RELATING TO CAPITAL INVESTMENTS.

Includes insurance premium taxes to the list of taxes for which tax credits may be provided. Authorizes The Hawaii Strategic Development Corporation to borrow funds and transfer credits as necessary to credit purchasers.

EDB, CPC, FIN

HB 633

RELATING TO FEES.

Provides the Department of Commerce and Consumer Affairs with the flexibility to adjust fees and other nontax revenues to respond to changing economic conditions.

EDB, CPC, FIN

HB 635

RELATING TO BUSINESS REGISTRATION.

Clarifies and corrects ambiguities and errors in business registration laws.

EDB, CPC/JUD, FIN

HB 727

RELATING TO A NET INCOME TAX CREDIT FOR FOOD, MEDICAL SERVICES, AND NON-PRESCRIPTION DRUGS.

Establishes a refundable tax credit for food, medical services, and non-prescription drugs for working families earning $40,000 or less.

EDB, HLT, FIN

HB 731

RELATING TO INCOME TAX WITHHOLDING.

Clarifies the state withholding tax provisions for employers with state withholding tax liabilities exceeding $40,000 annually.

EDB, FIN

HB 754

RELATING TO RESTRICTIVE EMPLOYMENT COVENANTS OR AGREEMENTS.

Voids restrictive covenants or agreements between employees and employers in cases where the employee is or will be engaged in or employed by a technology business.

EDB, LAB, CPC/JUD

Decision making to follow.

 

COMMITTEE ON ENERGY AND ENVIRONMENTAL PROTECTION AND COMMITTEE ON WATER, LAND & OCEAN RESOURCES

Thursday, February 3, 2005

Conference Room 312; State Capitol

8:30 a.m. AGENDA:

EEP/WLO only:

HB 1706

RELATING TO THE UNIFORM ENVIRONMENTAL COVENANTS ACT.

Establishes the Uniform Environmental Covenants Act.

EEP/WLO, JUD, FIN 

HB 1411

PROPOSING AN AMENDMENT TO ARTICLE VII, SECTION 12, OF THE CONSTITUTION OF THE STATE OF HAWAII TO AUTHORIZE THE STATE TO ISSUE SPECIAL PURPOSE REVENUE BONDS AND USE THE PROCEEDS FROM THE BONDS TO ASSIST WASTEWATER TREATMENT PLANTS AND PRIVATE DRINKING WATER SYSTEMS.

Proposes an amendment to the state constitution to allow the State to issue SPRBs for wastewater treatment plants and private drinking water systems.

EEP/WLO, JUD, FIN 

HB 1412

RELATING TO SPECIAL PURPOSE REVENUE BONDS.

Authorizes the issuance of SPRBs for wastewater treatment plants and private drinking water systems.

EEP/WLO, JUD, FIN

Decision making to follow.

 

8:45 a.m. AGENDA:

EEP only:

HB 1331

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR JACOBY DEVELOPMENT INC.

Authorizes the issuance of SPRBs for the planning, design, construction, and equipping of, and the acquisition of lands for, a plasma municipal solid waste processing system to convert solid wastes into electricity, and chemically and biologically inert slag, on the island of Oahu.

EEP, HLT, FIN 

HB 1535

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST UTILITIES SERVING THE GENERAL PUBLIC.

Authorizes the issuance of up to $160,000,000 in special purpose revenue bonds to assist Hawaiian Electric Company, Inc., Maui Electric Company, Ltd., and Hawaiian Electric Light Company, Inc. in its multi-project programs.

EEP, CPC, FIN 

HB 1238

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST SEAWATER AIR CONDITIONING PROJECTS ON THE ISLAND OF OAHU.

Authorizes issuance of special purpose revenue bonds to Honolulu Seawater Air Conditioning LLC for the purpose of design and construction of the chilled water distribution system and balance-of-system components and structures of a district cooling system in downtown Honolulu.

EEP, CPC, FIN 

HB 1244

RELATING TO ENERGY EFFICIENCY IN STATE FACILITIES.

Amends the definition of "renewable energy" to include seawater air conditioning/thermal energy storage(SWAC) district cooling. Requires the use of SWAC district cooling in state facilities located in areas where this technology is feasible and available. Requires state agencies to include provisions for the purchase of SWAC district cooling systems as a component of their requests for bids whenever procuring construction or renovation of such facilities.

EEP, CPC, FIN 

HB 769

RELATING TO UNCLAIMED PROPERTY.

Mandates electric utility cooperative associations to issue an annual report of unclaimed property and establishes the disposition of non-escheat patronage refunds.

EEP, CPC, FIN

HB 407

RELATING TO THE DEPARTMENT OF AGRICULTURE.

Authorizes the department of agriculture to charge user fees for the inspection and other invasive species prevention services provided by the department under chapter 150A, HRS. Also establishes an invasive species special fund.

EEP, AGR, FIN

HB 863

RELATING TO THE PETROLEUM INDUSTRY.

Establishes petroleum industry monitoring, analysis, and reporting special fund. Changes types of information the petroleum industry must submit to department of business, economic development, and tourism. Makes appropriations from the special fund to implement this Act.

EEP, CPC/JUD, FIN 

HB 1491

RELATING TO PROCUREMENT.

Requires the department of transportation to use recycled materials in their projects, where cost effective.

EEP, TRN, FIN 

Decision making to follow.

 

11:00 a.m. AGENDA:

Decision making only (EEP/WLO/HAW only):

HB 247

RELATING TO BIOPROSPECTING.

Prohibits the sale or transfer of biological resources or biological diversity on public lands; establishes a temporary bioprospecting advisory commission to address issues related to bioprospecting, including equitable benefit sharing, and appropriates funds to enable the commission to develop a comprehensive bioprospecting plan; to be repealed 6/30/08.

EEP/WLO/HAW, EDB/AGR, FIN

COMMITTEE ON HEALTH

Thursday, February 3, 2005

Conference Room 329; State Capitol

9:00 a.m. AGENDA:

HB 538

RELATING TO MANDATORY OVERTIME FOR NURSES.

Prohibits both public and private hospitals from forcing nurses to work overtime, except in cases of a federal, state, or county declared emergency. Excludes nurse midwives and nurse anesthetists from mandatory overtime requirements.

HLT, LAB, FIN

HB 542

RELATING TO HEALTH.

Requires health care facilities to submit to the department of health a nurse staffing plan that was developed by a committee of nurses employed by health care facilities.

HLT, CPC, FIN

HB 854

RELATING TO MEDICAL LIABILITY.

Sets a cap of $250,000 on noneconomic damages that may be recovered from a physician or surgeon in a medical liability action for emergency care services provided in the emergency room of a hospital.

HLT, CPC, JUD

HB 361

RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES.

Appropriates funds for state agencies and the counties for crystal methamphetamine (ice) treatment, prevention, rehabilitation, education, environmental damage assessments, and program monitoring initiatives.

HLT, JUD, FIN

HB 385

RELATING TO CRYSTAL METHAMPHETAMINE.

Allocates the one-half-cent increase in the tobacco tax that took effect on 7/1/04, and an additional one-half-cent increase in the tobacco tax that proposed to take effect on 7/1/05, to prevention and treatment programs and services for crystal methamphetamine.

HLT, JUD, FIN

Decision making to follow.

 

HB 648

RELATING TO TORTS.

Imposes limitations on awards of noneconomic and punitive damages and attorney's fees. Allocates damages in proportion to degree of negligence. Prohibits joint liability and allows periodic payment of future damages in medical tort actions.

HLT, CPC, JUD

HB 662

RELATING TO TORTS.

Exempts physicians from liability when they are in good faith rendering emergency medical care.

HLT, CPC, JUD

Decision making only:

HB 181

RELATING TO MEDICAL TORTS.

Amends the law relating to medical torts to improve patient access to health care services and provide improved medical care by reducing the burden the liability system places on the health care delivery system in Hawaii.

HLT, CPC, JUD

HB 237

RELATING TO TORTS.

Shortens statute of limitations for medical malpractice action. Caps noneconomic damages and contingent attorney's fees awards. Permits evidence of collateral benefits. Disallows punitive damages claim in initial complaint. Permits periodic payments of future damages.

HLT, CPC, JUD

HB 102

RELATING TO MEDICAL RESEARCH.

Requires medical research subject to chapter 324, HRS, that includes prescription drugs as part of a clinical trial, research, or experimental treatment for a serious or life-threatening diseases to register the study with a public registry; public registry information shall include potential benefit and harm.

HLT, CPC, FIN

HB 516

RELATING TO EMERGENCY HEALTH POWERS.

Provides broad powers to the department of health to respond to a public health emergency.

HLT, JUD/CPC, FIN

11:00 a.m. AGENDA:

The purpose of this hearing is to be briefed by Jack C. Lewin on the progress of medical tort reform in California.

Dr. Lewin was Hawaii's Director of Health from 1987 to 1994. Since 1995, he has been the Chief Executive Officer and Executive Vice President of the 35,000-member California Medical Association (CMA). He is a nationally recognized healthcare leader, and was an advisor on health policy to President Clinton.

In 1994, Dr. Lewin was named Health Leader of the Year by the U.S. Public Health Service, and received the AMA's Nathan Davis Award. Dr. Lewin is also the recipient of the Arthur T. McCormack Award from the Association of State and Territorial Health Officials. He serves on numerous advisory panels and boards, including the Hepatitis Foundation International, Marathon Multimedia Corporation; Consumers Allied for Patient Protection; the AMA Commission on Unity; the Navajo Nation Health Advisory Board; and was formerly on the California Governors Council on Sports and Fitness.

 

 

COMMITTEE ON PUBLIC SAFETY AND MILITARY AFFAIRS

Thursday, February 3, 2005

9:00 a.m.

Conference Room 309; State Capitol

AGENDA:

HB 36

RELATING TO CORRECTIONAL FACILITIES.

Exempts operations of inmate commissary or store operation from the Hawaii public procurement code where no public funds are involved.

PSM, FIN

HB 1629

RELATING TO CORRECTIONS.

Requires the department of public safety to outsource food service programs at correctional facilities statewide by competitive bid meeting certain criteria.

PSM, FIN

HB 1634

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 facility and to consider the undeveloped portion of the existing Halawa correctional facility as one possible site for the facility.

PSM, FIN

HB 114

RELATING TO VETERANS.

Appropriates funds for the construction of a Waipahu centennial memorial.

PSM

HB 1204

RELATING TO VETERANS.

Gives military veterans that served in Iraq or Afghanistan conflicts priority to housing developed under chapter 201G.

PSM, HSG, FIN

HB 1205

AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION FUNDS.

Authorizes the issuance of general obligations bonds to fund upgrading and installation of the tsunami siren warning system.

PSM, FIN

HB 1206

MAKING AN APPROPRIATION FOR CIVIL DEFENSE. Authorizes the issuance of general obligations bonds to fund review and redrafting of tsunami inundation maps in two-dimensional format.

PSM, FIN

HB 1207

MAKING AN APPROPRIATION FOR EMERGENCY SHELTER RETROFITTING.

Appropriates $2,000,000 for FY 2005-2006 and $2,000,000 for FY 2006-2007 for emergency shelter retrofitting.

PSM, FIN

HB 1209

MAKING AN APPROPRIATION FOR A TSUNAMI PUBLIC AWARENESS CAMPAIGN.

Appropriates funds for a tsunami public awareness campaign.

PSM, FIN

HB 1387

MAKING AN APPROPRIATION FOR STATE CIVIL DEFENSE POSITIONS.

Makes an appropriation to assist Civil Defense in reorganizing its operations and reconstituting an around the clock, year round emergency operating center.

PSM, FIN

Decision making to follow.