COMMITTEE ON CONSUMER PROTECTION & COMMERCE AND COMMITTEE ON JUDICIARY

Wednesday, February 23, 2005

1:30 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 1006

HD1

(HSCR598)

RELATING TO INVOLUNTARY PSYCHIATRIC TREATMENT.

Authorizes DOH to adopt rules to establish an administrative process allowing involuntary medication of psychiatric patients institutionalized at the Hawaii state-operated or funded psychiatric facility in order to alleviate mental illness and restore competency while protecting the rights of patients. (HB1006 HD1)

HLT, CPC/JUD

HB 1417

(HSCR259)

RELATING TO DESIGN PROFESSIONALS.

Requires the filing of a certificate of merit with any complaint filed against a design professional for failure to meet the standard of care. Also, requires the filing of a preliminary expert opinion affidavit.

EDB, CPC/JUD

HB 1307

(HSCR609)

RELATING TO WORKERS' COMPENSATION.

Authorizes recovery of attorney's fees and costs under law administered by the Department of Labor and Industrial Relations by any person who successfully defends any charge of workers' compensation insurance fraud, except criminal cases, against the person who initiates and prosecutes the action. Authorizes the insurance commissioner to investigate complaints and prosecute cases of workers' compensation fraud, provided that the complaint is against an insurance carrier, a self-insured employer, or a full-insured employer.

LAB, CPC/JUD

HB 1588

RELATING TO TRAVEL AGENCIES.

Requires travel agencies to include taxes, airport fees, and other mandatory fees in their advertised domestic airfares, excluding the Internet.

CPC/JUD

HB 1279

(HSCR224)

RELATING TO ADMINISTRATIVE PROCEDURE.

Requires administrative rules to conform to their enabling statutes; allows legislature to hear petitions for rulemaking under 91-6, HRS; automatically repeals certain administrative rules 180 days after the repeal of its enabling statute; expands the scope of the small business regulatory review board's biannual evaluation report.

EDB, JUD/CPC

Decision making to follow.

 

2:00 p.m. AGENDA:

CPC only:

HB 1018

HD1

(HSCR556)

RELATING TO NET ENERGY METERING.

Increases the capacity amount of an "eligible customer-generator" from not more than 50 kilowatts to not more than 500 kilowatts. Amends the billing period for net energy metering from monthly to every 12 months. Allows an eligible customer-generator to be billed monthly upon request. (HD1)

EEP, CPC

HB 606

(HSCR139)

RELATING TO STANDARDS FOR NET METERED RENEWABLE ENERGY SYSTEMS.

Simplifies requirements for interconnecting net metered renewable energy systems.

EEP, CPC

HB 1707

HD1

(HSCR524)

RELATING TO THE SEAWATER AIR CONDITIONING.

Exempts seawater air conditioning district cooling systems from PUC regulation, provided that at least fifty per cent of the energy required for the system is provided by a renewable energy source. (HD1)

EDB, EEP, CPC

HB 1756

HD1

(HSCR396)

RELATING TO PROBATE.

Requires an attorney preparing a will or trust who has been named to serve as a personal representative or a trustee, and who anticipates being paid to serve, to disclose in writing to the testator or trustor that the attorney anticipates being paid to serve as personal representative or trustee, and the method by which compensation will be determined. (HB1756 HD1)

JUD, CPC

HB 1074

(HSCR420)

RELATING TO TOWING.

Requires towing companies to make automated teller machines available when total charges exceed $100.

TRN, CPC

HB 1154

(HSCR480)

RELATING TO AGRICULTURE.

Exempts from processed food requirements and restrictions home-based agricultural producers of honey who sell less than 50 gallons of honey, sell directly to the consumer, and label their product as home-produced and processed.

AGR, CPC

HB 835

HD1

(HSCR508)

RELATING TO TIME SHARING PLANS.

Clarifies time share laws relating to signage, disclosure statements relating to prizes and gifts, and sums paid by purchasers or prospective purchasers for tourist activities, products, or services offered to induce attendance at time shares sales presentations. (HB835 HD1)

TAC, CPC

HB 1166

(HSCR294)

RELATING TO MECHANIC'S LIENS.

Grants contractors additional time to file a mechanic's lien if they have previously given the owner a conditional lien release but have not subsequently received full payment.

EDB, CPC

HB 1449

(HSCR490)

RELATING TO WORKERS' COMPENSATION.

Alters the workers' compensation formula for computing average weekly wages by clarifying that any injured airline employee who is a pilot or flight attendant, whether full time or part time, shall be entitled to workers' compensation benefits based on an average of actual hours worked during the previous 52-week period or portion thereof.

LAB, CPC

HB 332

HD1

(HSCR594)

RELATING TO FROZEN FOOD PRODUCTS.

Requires labeling of frozen and previously thawed foods. (HB332 HD1)

HLT, CPC

HB 643

HD1

(HSCR595)

RELATING TO DENTAL INSURANCE.

Allows the Insurance Division to continue protecting consumers from insolvent dental insurers, and handle complaints against dental insurers. (HB643 HD1)

HLT, CPC

HB 1051

HD1

(HSCR597)

RELATING TO PRESCRIPTION DRUGS.

Makes clarifying amendments to the return-for-credit-and-reuse procedures for unused prescription drugs dispensed within health care institutions and for donation of previously dispensed prescription drugs. (HD 1)

HLT, CPC

HB 1759

HD1

(HSCR589)

RELATING TO MENTAL HEALTH COUNSELORS.

Eliminates the examination requirements for national certified counselors and national certified rehabilitation counselors to grandfather in as licensed mental health counselors. Effective 7/1/2020. (HD1)

HLT, CPC

HB 1118

RELATING TO NURSES.

Clarifies the law authorizing prescriptive authority to qualified advanced practice registered nurses.

CPC

HB 685

RELATING TO WIRELESS ENHANCED 911 SERVICE.

Includes the Comptroller as a member of the Wireless Enhanced 911 Board.

CPC

HB 1155

RELATING TO NATUROPATHY.

Amends definition of "natural medicine" to allow injections of natural medicines by a naturopathic physician.

CPC

HB 1493

RELATING TO DEPOSITORY FINANCIAL SERVICES LOAN COMPANIES.

Grants depository financial services loan companies all the rights, powers, and privileges of a corporation under State law.

CPC

HB 973

RELATING TO CONDOMINIUMS.

Requires a managing agent wishing to lease part of the managed property to obtain a third party appraisal and prohibits its co-employment of an AOAO employee. Requires the consideration of a minimum of 2 bids for the property management contract.

CPC

Decision making to follow.

 

 

 

Decision making only:

HB 47

RELATING TO MOTORCYCLE AND MOTOR SCOOTER INSURANCE.

Requires insurers to cancel a person's motorcycle and motor scooter insurance coverage upon: (1) Failure to submit proof of a license, or of a permit and enrollment in an approved motorcycle education course; or (2) Notification that the person failed to complete and pass the motorcycle education course.

CPC

COMMITTEE ON FINANCE

Wednesday, February 23, 2005

Conference Room 308; State Capitol

1:30 p.m. AGENDA:

HB 36

HD1

(HSCR290)

RELATING TO CORRECTIONAL FACILITIES.

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

PSM, FIN

HB 488

(HSCR261)

RELATING TO CORRECTIONS.

Appropriates funds to expand work release programs for women inmates.

PSM, FIN

HB 713

(HSCR489)

RELATING TO INCARCERATED PERSONS.

Clarifies that participation in work, education, and vocational training programs while incarcerated is exempt from statutory employee benefits.

PSM/LAB, FIN

HB 1387

(HSCR34)

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

HB 1206

HD1

(HSCR36)

MAKING AN APPROPRIATION FOR CIVIL DEFENSE.

Makes appropriations to fund review and redrafting of tsunami inundation maps in two-dimensional format.

PSM, FIN

HB 1207

HD1

(HSCR111)

MAKING AN APPROPRIATION FOR EMERGENCY SHELTER RETROFITTING.

Provides for general obligation bonds for emergency shelter retrofitting.

PSM, FIN

Decision making to follow.

 

2:15 p.m. AGENDA:

HB 759

(HSCR170)

RELATING TO MILITARY INSTALLATIONS.

Requires notification to the commanding officer of a 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, FIN

HB 343

(HSCR487)

MAKING AN APPROPRIATION FOR DEPARTMENT OF DEFENSE.

Makes an appropriation for a temporary civil service position to coordinate state support for military personnel.

PSM, FIN

HB 172

HD1

(HSCR530)

RELATING TO TAXATION.

Establishes a five per cent income tax credit, up to $1,000, for employers that hire employees that are active members of the Hawaii National Guard.

PSM, EDB, FIN

HB 329

(HSCR32)

RELATING TO TAX CREDITS.

Provides a tax credit to qualifying members of the national guard and reserves with qualifying dependents.

PSM, FIN

HB 1583

(HSCR498)

RELATING TO INCOME TAX.

Exempts from income tax all military pay of active military personnel based in Hawaii but assigned outside the state by military order for the time spent outside the state.

PSM, FIN

HB 295

HD1

(HSCR477)

RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING.

Grants active duty member of National Guard serving outside of the State a 90-day period to file any required license renewal application.

PSM, CPC/JUD, FIN

HB 115

HD1

(HSCR486)

RELATING TO MILITARY AFFAIRS.

Appropriates funds for casket liners and to address the soil problems at the Hawaii State Veterans Cemetery.

PSM, FIN

HB 171

HD2

(HSCR494)

RELATING TO SALARY COMPENSATION.

Requires the State to compensate state employees and officers on active duty in a hostile fire zone the difference between their higher state pay and their military income.

PSM, LAB, FIN

HB 1029

(HSCR488)

MAKING AN APPROPRIATION FOR THE DEPARTMENT OF DEFENSE.

Appropriates funds for the office of veterans' services to publish a Hawaii Veterans' newsletter.

PSM, FIN

Decision making to follow.

 

3:15 p.m. AGENDA:

HB 483

(HSCR481)

RELATING TO AGRICULTURE.

Establishes an agricultural infrastructure improvement tax credit to promote agricultural diversity and increase agricultural self-sufficiency.

AGR, FIN

HB 1033

(HSCR537)

RELATING TO INCOME TAX.

Establishes an income tax credit for farmers who are forced to purchase water at higher rates from county water boards rather than at lower state irrigation system rates. Establishes the amount of the credit as the difference in the cost of water at the rates charged by the county board of water supply and the state irrigation system. Defines "farmer" as one who derives at least 50% of gross income from farming.

AGR/WLO, FIN

HB 1200

HD1

(HSCR379)

RELATING TO STATE ENTERPRISE ZONES.

Establishes that agricultural businesses shall remain eligible for tax incentives under the EZ program in the event of force majeure; extends eligibility under the EZ program by the number of months of the force majeure's duration; allows agricultural businesses to meet annual gross revenue requirements if the businesses are unable to meet annual full-time employee requirements; includes leased employees in the definition of "full-time employee" for the EZ program.

AGR/EDB, FIN

HB 954

(HSCR483)

MAKING APPROPRIATIONS FOR AGRICULTURAL INFRASTRUCTURE.

Appropriates $200,000 for planning and construction of the Honomalino Irrigation System and $500,000 to prepare the Agricultural Water Use and Development Plan.

AGR, FIN

HB 167

HD1

(HSCR538)

RELATING TO STATE AGRICULTURAL LEASES.

Establishes that for rental reopenings of state agricultural leases, fair market rental shall be determined through an income capitalization approach considering the potential agricultural yield from the property.

AGR/WLO, FIN

HB 168

HD1

(HSCR539)

MAKING AN APPROPRIATION FOR AGRICULTURAL RESEARCH AND DEVELOPMENT.

Appropriates funds to the Hawaii Farm Bureau Federation for agricultural research and market development.

AGR, FIN

HB 330

(HSCR74)

RELATING TO AGRICULTURE.

Authorizes the agribusiness development corporation to issue revenue bonds to obtain agricultural land in Waialua from the Galbraith Estate. Enables the agribusiness development corporation to contract with banks to provide lease management services.

AGR/WLO, FIN

HB 1082

HD2

(HSCR548)

MAKING AN APPROPRIATION TO ABATE AGRICULTURAL THEFT.

Establishes a temporary interagency Agricultural Crime Abatement Task Force within the Department of Agriculture, with cooperation from the Attorney General, to develop programs and policies to abate agricultural crime. Appropriates funds.

AGR, JUD, FIN

Decision making to follow.

 

4:30 p.m. AGENDA:

HB 447

(HSCR181)

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.

Authorizes the office of Hawaiian affairs to make all necessary and appropriate disbursements of its moneys by issuing checks in its own name and by any other means.

HAW, FIN

HB 1413

(HSCR472)

RELATING TO HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED.

Amends Hawaiian Homes Commission Act, 1920, as amended, to permit private mortgage insurance acceptable to commission.

HAW/HSG, FIN

HB 906

HD1

(HSCR264)

RELATING TO LEGISLATIVE PROCEEDINGS ON THE INTERNET.

Appropriates $1 for legislative media streaming to provide audio and video streaming of legislative proceedings over the internet.

LMG, FIN

HB 792

HD1

(HSCR265)

RELATING TO INTERNATIONAL TRADE.

Appropriates funds for the Department of Agriculture to develop guidelines and a marketing plan to obtain export clearances for exports to Japan and other countries.

INT/AGR, FIN

HB 1784

HD1

(HSCR509)

RELATING TO THE OFFICE OF INTERNATIONAL AFFAIRS.

Requires DBEDT to convene a task force to address Hawaii's role in international affairs and to recommend to the legislature an organizational structure for an "office of international affairs" or such other structure that the task force may recommend; appropriates funds.

INT, FIN

Decision making to follow.

 

COMMITTEE ON FINANCE

Thursday, February 24, 2005

Conference Room 308; State Capitol

2:00 p.m. AGENDA:

HB 1547

(HSCR492)

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Reconstitutes the board of trustees of the Employees' Retirement System.

LAB, FIN

HB 631

(HSCR76)

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Clarifies and corrects existing language, conforms statutes to current practices and includes language previously omitted from prior legislation.

LAB, FIN

HB 632

(HSCR457)

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Allows the Board of Trustees of the Employees' Retirement System to include the post retirement allowance as an actuarial assumption in determining the actuarial equivalency of benefit options to the maximum allowance.

LAB, FIN

HB 180

(HSCR106)

RELATING TO PUBLIC EMPLOYEES.

Requires the proposed adjustments to compensation and benefit packages for excluded civil service employees to be at least equivalent to the adjustments provided under collective bargaining agreements for counterparts within the employer's jurisdiction.

LAB, FIN

HB 266

HD1

(HSCR559)

RELATING TO LABOR.

Allows a public employer to negotiate over permissive, as distinct from mandatory subjects of collective bargaining.

LAB, FIN

HB 1758

HD1

(HSCR341)

RELATING TO UNEMPLOYMENT BENEFITS.

Provides that weekly unemployment benefit payments shall not be reduced as a result of the receipt of pension payments under the Social Security Act or Railroad Retirement Act of 1974. Simplifies the method for the reduction of unemployment benefits paid to an individual who is receiving a pension or other type of retirement income pursuant to the Federal Unemployment Tax Act.

LAB, FIN

HB 325

(HSCR77)

RELATING TO EMPLOYMENT PRACTICES.

Allows an employee to use for family leave purposes, Temporary Disability Insurance (TDI) sick leave benefits in excess of minimum statutory TDI benefit requirements.

LAB, FIN

HB 338

HD1

(HSCR78)

RELATING TO MEAL BREAKS.

Requires the provision of rest or meal break periods of at least thirty consecutive minutes for employees who work five or more continuous hours, unless a collective bargaining agreement provides an express provision for meal breaks or an employee waives the requirement for a rest or meal period.

LAB, FIN

HB 761

(HSCR567)

RELATING TO FAMILY LEAVE.

Allows an employee to use family leave during any calendar year upon the military deployment of the employee's child, spouse or reciprocal beneficiary, or parent.

LAB/PSM, FIN

Decision making to follow.

3:15 p.m. AGENDA:

HB 389

(HSCR557)

RELATING TO LABOR.

Establishes labor representation procedures in developments in which the State or counties have an ongoing proprietary interest.

EDB, LAB/JUD, FIN

HB 162

HD1

(HSCR528)

RELATING TO PROCUREMENT.

Requires the Procurement Policy Board to adopt certain rules to promote the growth and development of small businesses, including set asides for small business where appropriate and criteria for bids that encourage the use of small business as subcontractors on large contracts.

EDB, FIN

HB 1469

(HSCR527)

RELATING TO PROCUREMENT.

Exempts small purchases from verification requirements relating to tax clearances, DCCA certificates, and DLIR certificates.

EDB, FIN

HB 912

(HSCR222)

MAKING AN APPROPRIATION FOR SMALL BUSINESS DEVELOPMENT.

Appropriates funds to support the statewide economic development program of the Hawaii Small Business Development Center Network.

EDB, FIN

HB 1657

(HSCR115)

RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST HOKU SCIENTIFIC.

Authorizes the issuance of special purpose revenue bonds to assist Hoku Scientific.

EDB, FIN

HB 1459

RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES.

Clarifies that certain types of financing agreements are considered "project agreements" for the purpose of issuing special purpose revenue bonds for health care facilities. Authorizes $30,000,000 in SPRBs for Hawaii Pacific Health.

FIN

HB 1426

HD1

(HSCR262)

RELATING TO SPECIAL PURPOSE REVENUE BONDS.

Assists private not-for-profit organizations, public instrumentalities and their qualified affiliates in the development of affordable housing for low- and moderate-income households, the elderly, and employees of public or not-for-profit entities. Contingent upon ratification of constitutional amendment authorizing the same.

FIN

Decision making to follow.

 

4:30 p.m. AGENDA:

HB 460

HD1

(HSCR659)

RELATING TO THE CIVIL SERVICE.

Clarifies that the Chief Election Officer may fill Office of Elections staff positions with civil service employees subject to collective bargaining.

JUD/LAB, FIN

HB 466

HD1

(HSCR645)

MAKING AN APPROPRIATION FOR THE OFFICE OF ELECTIONS.

Appropriates funds for the office of elections to meet the 5% matching fund requirement of the federal Help America Vote Act of 2002.

JUD, FIN

HB 1740

HD1

(HSCR545)

RELATING TO ELECTRONIC VOTING.

Prohibits use of electronic voting system unless the system generates a paper ballot that may be inspected and corrected, and unless every ballot is retained as a definitive record; allows the chief election officer to rely on electronic tallies created by electronic voting systems under certain conditions; establishes that every person who causes electronic voting systems to record, tally, or report votes inaccurately shall be deemed guilty of election fraud; appropriates funds for costs incurred in acquiring technology to create a paper trail for electronic ballots.

JUD, FIN

HB 1746

HD1

(HSCR652)

RELATING TO ELECTIONS.

Requires office of elections to establish a vote-by-mail pilot program.

JUD, FIN

HB 465

HD1

(HSCR660)

RELATING TO THE BOARDS OF REGISTRATION.

Transfers the boards of registration from the office of the lieutenant governor to the department of accounting and general services, for administrative purposes.

JUD, FIN

HB 319

HD1

(HSCR644)

RELATING TO ADMINISTRATIVE FINES UNDER THE STATE ETHICS CODE.

Authorizes the ethics commission to impose an administrative fine not to exceed $500 for a violation of the state ethics law.

JUD, FIN

HB 384

HD1

(HSCR125)

RELATING TO ATTORNEYS' FEES FOR COURT APPOINTED COUNSEL.

Increases compensation for court appointed counsel.

JUD, FIN

HB 497

HD1

(HSCR540)

RELATING TO UNCOLLECTIBLE ACCOUNTS.

Broadens statute that allows judiciary to write off uncollectible fines and restitution to include other types of delinquent receivables.

JUD, FIN

HB 1763

HD1

(HSCR672)

RELATING TO THE PENAL CODE.

Establishes a committee to conduct a comprehensive review of the Hawaii Penal Code. Requires the committee to report its findings and recommendations to the Legislature no later than twenty days prior to the convening of the 2006 Regular Session. Appropriates $100,000 for purposes of the Penal Code Review.

JUD, FIN

HB 1378

HD1

(HSCR543)

RELATING TO THE JUDICIARY.

Amends the temporary restraining orders (TRO) and protective orders (PO) process to require the disclosure of a pending family court proceeding. Allows a judge considering a TRO petition to meet in camera with the petitioner to evaluate the petitioner's allegations. Requires the judge to make findings of fact for granting a TRO. Allows supervised visitation after the issuance of a TRO, if the petitioner and respondent have children together that are not named in the TRO petition and supervised visitation is in the children's best interest. Establishes that any findings relating to a TRO or PO petition is not binding on a subsequent family court case in which the court determines the TRO or PO petition was filed to gain an advantage in the family court case.

JUD, FIN

HB 434

(HSCR121)

MAKING APPROPRIATIONS FOR CAREER CRIMINAL PROSECUTION UNITS AND VICTIM WITNESS ASSISTANCE PROGRAMS.

Appropriates grants-in-aid to the counties for career criminal prosecution units and victim witness assistance programs.

JUD, FIN

Decision making to follow.

 

5:30 p.m. AGENDA:

HB 19

HD1

(HSCR575)

RELATING TO UNIVERSITY PROJECTS AND AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR HOUSING UNITS.

Helps finance the construction and repair of student housing units at the University of Hawaii (UH) by: 1) Allowing UH to use sources other than revenues generated through the bond system; and 2) Authorizing the issuance of revenue bonds to finance university housing units.

HED, FIN

HB 27

HD1

(HSCR269)

RELATING TO THE UNIVERSITY OF HAWAII.

Appropriates funds for the athletics program at the University of Hawaii at Hilo to achieve compliance with Title IX of the federal Education Amendments Act of 1972.

HED, FIN

HB 281

HD1

(HSCR355)

RELATING TO NURSING.

Establishes the Nursing Scholarship Program to satisfy the growing demand for nurses in the State. Appropriates funds.

HED, FIN

HB 972

HD1

(HSCR346)

MAKING AN APPROPRIATION FOR THE UNIVERSITY OF HAWAII.

Appropriates funds to increase stipends to $3,000 for legislative interns under the University of Hawaii College of Social Sciences Capitol internship program. Applies retroactively to interns participating in the 2005 legislative session.

HED, LMG, FIN

HB 1028

HD1

(HSCR253)

MAKING AN APPROPRIATION FOR THE UNIVERSITY OF HAWAII'S DISTANCE LEARNING PROGRAM.

Appropriates $450,000 for FY 2005-2006 for the University of Hawaii school of social work's Distance Learning Program.

HED, FIN

HB 1076

HD1

(HSCR255)

MAKING AN APPROPRIATION FOR SAFETY AND SECURITY IMPROVEMENTS FOR UNIVERSITY OF HAWAII CAMPUSES.

Appropriates funds to improve safety and security measures on all University of Hawaii campuses.

HED, FIN

HB 1179

HD1

(HSCR272)

MAKING AN APPROPRIATION FOR THE HAWAII COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.

Appropriates $142,000 in state matching funds to the Hawaii commission for national and community service.

HED, FIN

HB 1192

HD1

(HSCR576)

RELATING TO THE LYON ARBORETUM.

Appropriates funds to the University of Hawaii for repair, maintenance, and operation of the Harold L. Lyon Arboretum.

HED, FIN

HB 1688

HD1

(HSCR579)

MAKING AN APPROPRIATION TO THE UNIVERSITY OF HAWAII COLLEGE OF TROPICAL AGRICULTURE AND HUMAN RESOURCES.

Appropriates funds to enable the University of Hawaii college of tropical agriculture and human resources to conduct research and outreach to develop and promote high-value agricultural products, breeding programs, and related activities. Appropriates funds for organic agriculture programs within the UH system.

HED, FIN

HB 1749

HD2

(HSCR549)

RELATING TO CRIMINAL OFFENSES.

Directs the University of Hawaii William S. Richardson School of Law and the legislative reference bureau to periodically identify state laws outside the penal code relating to non-serious offenses that may be decriminalized. Requires the legislative reference bureau to draft legislation accordingly.

HED, JUD, FIN

Decision making to follow.

 

COMMITTEE ON JUDICIARY

Thursday, February 24, 2005

2:00 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 887

(HSCR564)

RELATING TO LEGISLATIVE INQUIRIES.

Assists the Legislature in its fact-finding and promotes complete and truthful disclosure by prohibiting the payment of salaries of state employees who coerce, intimidate, or otherwise prevent subordinates from sharing public information at legislative hearings or in response to other legislative functions.

LAB, JUD

HB 762

(HSCR491)

RELATING TO HAWAII WORKSITE TEMPORARY RESTRAINING ORDER ACT.

Establishes a mechanism for employers to obtain temporary restraining orders to protect against harassment at the worksite.

LAB, JUD

HB 540

HD1

(HSCR624)

RELATING TO CHILD PROTECTION.

Provides immunity from prosecution for leaving an unharmed newborn at a hospital, fire station, or police station within 72 hours of birth. Provides immunity from liability for hospitals, fire stations, and police stations for receiving a newborn. Requires medical history from person relinquishing newborn. (HB540 HD1)

HLT/HUS, JUD

HB 868

HD1

(HSCR399)

RELATING TO CEMETERIES.

Requires a cemetery authority to file with DCCA a map of cemetery plots, crypts, and niches, and unique identifiers locating the deceased interred therein, to be annually updated. Makes the unique identifier a part of cemetery or funeral authority contract disclosure requirements. Makes cemetery or funeral authority books subject to examination by the DCCA Director as provided by law. Effective July 1, 2099. (HB868 HD1)

CPC, JUD

HB 1450

HD1

(HSCR565)

RELATING TO CIVIL RIGHTS.

Prohibits discrimination on the basis of gender identity and expression as a public policy matter and specifically with regard to employment. (HB1450 HD1)

LAB, JUD

HB 1715

RELATING TO CIVIL RIGHTS.

Prohibits discrimination in real property transactions on the basis of gender identity or expression, and sexual orientation. Prohibits discrimination in blockbusting on the basis of gender identity or expression, sexual orientation, and familial status.

JUD

HB 883 HD1

(HSCR448)

PROPOSED

RELATING TO LANDLORD LIABILITY.

Expands rights and remedies under the nuisance law.

HSG, JUD

HB 98

HD1

(HSCR471)

RELATING TO KAHULUI HARBOR.

Prohibits net fishing in Kahului harbor. (HB98 HD1)

TRN/WLO, JUD

HB 895

HD1

(HSCR555)

RELATING TO COASTAL LIGHT POLLUTION.

Prohibits artificial light that directly illuminates the shoreline and ocean waters, is visible from the beach, or causes a direct or indirect glare when trespassing across property boundaries toward the shoreline and ocean waters. Directs special management area authorities to minimize light trespass. (HD1)

EEP/WLO, JUD

HB 1441

RELATING TO LAND USE.

Clarifies the process to appeal county land use decisions.

WLO, JUD

HB 1442

HD1

(HSCR475)

RELATING TO LATERAL PUBLIC ACCESS.

Establishes an additional requirement for county ordinances to require a subdivider or developer to provide public access from a public highway or public streets to also connect existing or proposed access points with each other, so the public can easily and safely traverse shoreline areas. (HB1442 HD1)

WLO, JUD

HB 1430

HD1

(HSCR417)

RELATING TO SOLID WASTE CONTROL.

Applies the offense of petty misdemeanor disposal of solid waste to the illegal disposal of volumes equal to or greater than 1 cubic yard and less than 10 cubic yards. (HD1)

EEP, JUD

HB 712

HD1

(HSCR361)

RELATING TO VIOLATIONS OF CHAPTER 6E.

Establishes criminal offenses for knowingly taking, appropriating, excavating, injuring, destroying or altering historic property and aviation artifacts without permission, and burial sites without permission or without obtaining required approval; establishes a criminal offense for knowingly failing to stop work in the immediate area and reporting the discovery in cases where a burial site is discovered. (HB712 HD1)

WLO/HAW, JUD

HB 1291

RELATING TO THE HAWAII RULES OF EVIDENCE.

Establishes requirements to admit into evidence, the testimony of a witness who has previously undergone hypnosis.

JUD

HB 1709

RELATING TO CRIMINAL PROPERTY DAMAGE.

Creates the class C felony offense of aggravated criminal property damage for intentional damage to the property of another if the person has 2 or more convictions for criminal property damage in the 3rd or 4th degree in the preceding 5 years.

JUD

HB 1710

RELATING TO PROPERTY DAMAGE.

Creates enhanced sentencing for repeat lower level graffiti/ property damage offenders.

JUD

HB 806 HD1

PROPOSED

RELATING TO CRIMINAL TRESPASS.

Repeals amendments to section 708-814, Hawaii Revised Statutes, by Act 50, Session Laws of Hawaii 2004, and establishes a new petty misdemeanor offense of criminal trespass onto public parks and recreational grounds.

JUD

HB 1768

RELATING TO OFFENDER REGISTRATION.

Revises sex offender registration requirements and provisions relating to public access to registration information.

JUD

HB 974 HD1

PROPOSED

RELATING TO SEX OFFENDER REGISTRATION.

Amends the current registration and public access laws governing sex offenders and offenders against children.

JUD

HB 771

RELATING TO SEXUAL OFFENDERS.

Provides that repeat sexual offenders who have been convicted on two prior and separate occasions for an offense under section 707-730, 707-731, 707-732, or 707-733.5 shall be placed on lifetime parole upon release from prison.

JUD

Decision making to follow.

 

 

Decision making only:

HB 318

RELATING TO THEFT.

Provides that an individual caught with stolen property belong to three or more persons commits felony theft.

JUD

HB 1734

RELATING TO DRUGS.

Repeals section 46-15.39, Hawaii Revised Statutes, returning traditional zoning regulatory authority in residential zones back to the counties.

JUD

HB 553

RELATING TO THE UNIFORM INFORMATION PRACTICES ACT (MODIFIED).

Allows agencies to withhold certain personal identifying information, such as home addresses and social security numbers, in records required to be disclosed under section 92F-12 (a), where disclosure of the information would be a clearly unwarranted invasion of personal privacy.

JUD

COMMITTEE ON WATER, LAND, & OCEAN RESOURCES

Friday, February 25, 2005

8:30 a.m.

Conference Room 423; State Capitol

AGENDA:

HB 125 HD1

(HSCR128)

RELATING TO OCEAN RESOURCES.

A short form bill relating to ocean resources.

WLO

HB 127

PROPOSED

RELATING TO LAND USE.

A short form bill relating to land use.

WLO

HB 128

PROPOSED

RELATING TO LAND USE.

A short form bill relating to land use.

WLO

SB 1680 SD1

(SSCR17)

RELATING TO QUALIFICATIONS OF BOARD MEMBERS.

Requires that at least one member of the board of land and natural resources have a background, knowledge, and demonstrated experience in the subject area. (SD1)

WLO

HB 1659

RELATING TO NONCOMMERCIAL PIERS.

Extends the amnesty program to legalize unauthorized piers in Kaneohe Bay from June 30, 2005, to June 30, 2008.

WLO

Decision making to follow.

 

COMMITTEE ON FINANCE

Friday, February 25, 2005

Conference Room 308; State Capitol

10:00 a.m. AGENDA:

HB 31

HD2

(HSCR664)

RELATING TO PRESCRIPTION DRUGS.

Requires quarterly reports from manufacturers of prescription drugs dispensed in the state that disclose the average wholesale price, wholesale acquisition cost, average manufacturer price, and best price for each of the manufacturer's drugs. Effective date July 1, 2099.

CPC/HLT/HUS, JUD, FIN

HB 32

HD2

(HSCR665)

RELATING TO PRESCRIPTION DRUG COST CONTAINMENT AND AFFORDABLE ACCESS.

Requires the Director of DHS to establish a Pharmacy Best Practices and Cost Control Program including medicaid and other state public assistance health benefits plans, in which any public and private health plan may participate. Includes a prescription drug preferred list and prior authorization review process. Requires drug manufacturers to disclose economic benefits of $25 or more provided to persons who prescribe, dispense, or purchase prescription drugs. Effective date July 1, 2099.

CPC/HLT/HUS, JUD, FIN

HB 99

(HSCR320)

RELATING TO BUSINESS.

Adjusts filing fees.

CPC, FIN

HB 160

HD1

(HSCR605)

RELATING TO THE COMPLIANCE RESOLUTION FUND.

Provides a formula for determining assessments to be paid by each line of insurance regulated under the Insurance Code and caps these assessments at a total of $2,000,000 per fiscal year. Requires the Auditor to perform an annual financial and management audit of the insurance regulation sub-account of the Compliance Resolution Fund.

CPC, FIN

HB 1302

(HSCR397)

RELATING TO BUSINESS FEES.

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

CPC, FIN

HB 393

(HSCR316)

RELATING TO THE COUNTIES.

Provides that unpaid civil fines, and unpaid administratively imposed civil fines added by the county by ordinance to taxes, fees, or charges, shall not become a part of those taxes, fees, or charges, or constitute a lien on the debtor's real or personal property.

CPC/JUD, FIN

HB 784

HD1

(HSCR398)

RELATING TO CABLE TELEVISION.

Requires cable franchise fees paid in connection with the provision of cable service in Maui County to be distributed in thirds to Maui Community College and DOE, Maui County, and Maui's PEG access entity. Effective July 1, 2099.

CPC, FIN

HB 1111

HD1

(HSCR243)

RELATING TO THE HAWAII CATASTROPHIC RELIEF FUND.

Establishes a Hawaii catastrophic relief fund (HCRF) to provide reinsurance for the risks of catastrophic events in Hawaii and to mitigate the impact of a catastrophic or emergency condition in Hawaii; repeals the Hawaii Hurricane Relief Fund (HHRF); transfers monies from HHRF to HCRF. Effective date July 1, 2099.

CPC, FIN

Decision making to follow.

11:15 a.m. AGENDA:

HB 491

(HSCR363)

RELATING TO MAKENA STATE BEACH PARK.

Appropriates funds for lifeguard services at Makena State beach park.

WLO, FIN

HB 760

(HSCR364)

RELATING TO PUBLIC ACCESS TO BEACHES.

Appropriates funds for the department of land and natural resources to survey and map all existing public access ways to shoreline areas.

WLO, FIN

HB 852

HD1

(HSCR552)

RELATING TO PERMIT APPROVALS.

Exempts proceedings of the Public Utilities Commission from automatic permit approval provisions. Specifies that the lack of quorum by an issuing agency shall not initially be applicable to the automatic permit approval provisions.

WLO/EDB, FIN

HB 1020

HD2

(HSCR657)

RELATING TO COASTAL ZONE MANAGEMENT.

Clarifies the definition of "shoreline". Prohibits shoreline planting to establish the shoreline and for certification purposes. Authorizes the state land surveyor to rescind a shoreline certification based on a misrepresentation in the application.

WLO, JUD, FIN

HB 1276

HD2

(HSCR668)

RELATING TO PUBLIC ACCESS.

Allows the Department of Land and Natural Resources to enter into indemnity and defense agreements to protect landowners and persons associated with landowners.

WLO, JUD, FIN

HB 1278

HD1

(HSCR278)

RELATING TO IMPROVING WATER QUALITY.

Appropriates funds to develop and demonstrate comprehensive watershed management measures to improve water quality of Lake Wilson and reduce contaminated sediments in statewide waterways.

WLO, HED, FIN

HB 1280

HD1

(HSCR370)

RELATING TO FLOOD CONTROL.

Provides for the development and implementation of flood control strategies for the two most severely flood impacted watersheds in the state by the Center for Conservation and Research Training of UH; appropriates unspecified EPA funds.

WLO, FIN

HB 1293

HD1

(HSCR371)

MAKING AN APPROPRIATION FOR A GRANT-IN-AID TO THE CITY AND COUNTY OF HONOLULU TO CLEAN THE SALT LAKE WATERWAY.

Appropriates funds for a grant-in-aid to city and county of Honolulu to clean-up Salt Lake waterway.

WLO, FIN

HB 1433

(HSCR349)

MAKING AN APPROPRIATION TO THE COMMISSION ON WATER RESOURCE MANAGEMENT.

Appropriates funds to the Commission on Water Resource Management to complete water management tasks.

WLO/EEP, CPC, FIN

HB 1757

(HSCR368)

RELATING TO CONSERVATION LAND.

Provides an unspecified percentage for a conservation land tax credit, based on land (not exceeding an unspecified value), donated to and accepted by the State that is in a conservation land use district or for a land owner who voluntarily reclassifies residentially zoned land to conservation and initiates the rezoning process, or for amounts invested in management of conservation or watershed land.

WLO, FIN

Decision making to follow.

 

 

12:15 p.m. AGENDA:

HB 1476

(HSCR495)

RELATING TO NORTH KOHALA.

Preserves a cluster of historical sites in North Kohala on the island of Hawaii by requiring the department of land and natural resources to renew its efforts to acquire by exchange the land adjacent to the Kohala Historical Sites State Monument.

WLO, FIN

HB 328

(HSCR63)

MAKING AN APPROPRIATION FOR THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS IN WAHIAWA.

Makes an appropriation for matching funds from the United States Department of Agriculture for the purchase of development rights of agricultural lands surrounding the Kukaniloko Birthstones in Wahiawa.

WLO/AGR, FIN

HB 955

(HSCR193)

RELATING TO DROUGHT MITIGATING FACILITIES.

Promotes the construction of drought mitigating water storage facilities by increasing the amount of the Drought Mitigating Water Storage Facilities Tax Credit to 20 percent, repealing the date after which the Tax Credit is no longer available, and including costs for ancillary structures as qualifying costs for the Tax Credit.

WLO/AGR, FIN

HB 1308

(HSCR473)

RELATING TO LAND CONSERVATION.

Requires 25% of real estate conveyance tax collected be deposited into the land conservation fund. Allows grants to state agencies, counties, and nonprofit land conservation organizations to acquire interest in lands having a value as a resource to the State.

WLO, FIN

HB 1554

HD2

(HSCR415)

RELATING TO LEASEHOLD CONVERSION.

Exempts from taxation, seventy-five per cent of income received from the sale to a lessee of the leased fee interest in a residential house lot or multi-family residential leasehold property, or to the association of apartment owners of the multi-family residential leasehold building. Effective date July 1, 2099.

WLO/HSG, CPC, FIN

Decision making to follow.

 

2:00 p.m. AGENDA:

HB 1309

HD1

(HSCR162)

RELATING TO TAXATION.

Authorizes counties to levy a county surcharge on State tax to fund public transit in the counties. Repeals this authorization in 2015.

TRN, FIN

HB 1152

(HSCR437)

RELATING TO TRAFFIC.

Requires the department of transportation to conduct a comprehensive review of past studies of traffic flow in the corridor from Central Oahu to the H-1 freeway, including any proposals to extend contra-flow lanes to Mililani. Appropriates funds.

TRN, FIN

HB 1472

(HSCR440)

RELATING TO TRAFFIC.

Requires department of transportation to perform a contraflow study of the Pali highway and report findings and recommendations to governor and legislature before 12/31/05.

TRN, FIN

HB 1239

(HSCR438)

RELATING TO HIGHWAY DESIGN.

Directs the department of transportation to establish new guidelines that take into account the need for flexibility in highway design.

TRN, FIN

HB 390

(HSCR433)

RELATING TO RENTAL MOTOR VEHICLE SURCHARGE TAX.

Repeals the rental motor vehicle surcharge tax of $3 per day levied between September 1, 1999 and August 31, 2007.

TRN, FIN

HB 10

HD1

(HSCR469)

RELATING TO MOTOR VEHICLES.

Exempts members of the national guard and reserves who are called to active duty by the president and serving in Iran or Afghanistan from county vehicular taxes and fees for noncommercial motor vehicles.

TRN/PSM, FIN

HB 1324

HD1

(HSCR662)

RELATING TO HIGHWAY SAFETY.

Establishes the photo red light imaging detector systems program. Authorizes counties to administer the program.

TRN, JUD, FIN

HB 1556

(HSCR466)

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

Authorizes special purpose revenue bonds to assist PLK Air Services Group LLC to establish a Kona coffee and macadamia manufacturing facility and air cargo logistics and fulfillment center at Kona International Airport.

TRN/AGR, FIN

Decision making to follow.

 

3:30 p.m. AGENDA:

HB 1301

HD1

(HSCR419)

RELATING TO INVASIVE SPECIES.

Appropriates funds for statewide eradication efforts relating to the coqui frog.

EEP/AGR, FIN

HB 408

HD1

(HSCR521)

RELATING TO THE ENVIRONMENT.

Requires the Office of Environmental Quality Control to review an agency's determination whether a proposed action may have a significant effect on the environment if the agency making the determination is also the agency proposing the action.

EEP, FIN

HB 1434

HD2

(HSCR603)

RELATING TO RENEWABLE ENERGY.

Amends the renewable portfolio standard law to clarify the events considered as outside a utility's control in meeting the standard, implements penalties and alternate compliance mechanisms, and provides for a study of green power pricing.

EEP, CPC, FIN

HB 1017

HD2

(HSCR601)

RELATING TO SOLAR ENERGY.

Allows for the installation of solar energy devices on any privately owned single-family residential dwelling or townhouse, with limited restrictions. Requires private entities to adopt rules regarding the placement of solar energy devices.

EEP, CPC/JUD, FIN

HB 410

HD1

(HSCR386)

RELATING TO ENERGY.

Establishes a tax credit for qualified expenditures to convert fuel storage terminals in the State for purposes of importation, storage, and blending of ethanol with gasoline.

EEP, FIN

HB 769

HD2

(HSCR479)

RELATING TO UNCLAIMED PROPERTY.

Exempts electric utility cooperative associations from the unclaimed property law. Requires annual unclaimed property report to the Director of Finance, that the cooperative remain responsible for payment of all future claims on the reported property, and that the unclaimed property be used for charitable purposes or for the benefit of the general membership of the cooperative.

EEP, CPC, FIN

HB 1238

(HSCR348)

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 1535

HD1

(HSCR351)

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. ($100,000,000), Maui Electric Company, Ltd. ($20,000,000), and Hawaiian Electric Light Company, Inc. ($40,000,000) in financing multi-project capital improvement programs, provided that the programs are approved by the Public Utilities Commission.

EEP, CPC, FIN

HB 863

HD1

(HSCR476)

RELATING TO THE PETROLEUM INDUSTRY.

Establishes petroleum industry monitoring, analysis, and reporting special fund, to be funded by appropriation from the environmental response revolving fund; establishes petroleum industry information reporting system; and makes an appropriation from the environmental response revolving fund to the petroleum industry monitoring, analysis, and reporting special fund; and makes appropriations from the latter special fund for the purposes of this Act.

EEP, CPC/JUD, FIN

Decision making to follow.

 

5:00 p.m. AGENDA:

HB 1555

(HSCR347)

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

HB 222

(HSCR382)

MAKING AN APPROPRIATION FOR THE PRESCHOOLS OPEN DOORS PROGRAM.

Appropriates funds for the Preschools Open Doors Program.

EDN/HUS, FIN

HB 1300

HD1

(HSCR383)

RELATING TO EARLY CHILDHOOD EDUCATION.

Improves early childhood education in the state by establishing a rating committee and appropriating funds to allow the committee to develop a rating system for early childhood education.

EDN/HUS, FIN

HB 758

HD1

(HSCR296)

RELATING TO EMPLOYMENT PRACTICES.

Requires the Department of Education to adhere to the state minimum wage law when setting wages for meal count assistants, adult supervisors, and classroom cleaners.

EDN/LAB, FIN

HB 841

(HSCR297)

RELATING TO EDUCATION.

Repeals the school-to-work executive council, as the program's key initiatives have been established under other public and private entities.

EDN/LAB, FIN

HB 843

(HSCR299)

RELATING TO SCHOOL LUNCH.

Authorizes the department of education to set school lunch prices to allow for the recovery from lunch sales of up to 1/2, rather than 1/3, of the costs of preparing the lunches.

EDN, FIN

HB 1078

(HSCR79)

RELATING TO EDUCATION.

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

EDN/HED, FIN

HB 441

HD1

(HSCR287)

RELATING TO TEACHER LICENSING AND CREDENTIALING STANDARDS.

Enhances the ability of underrepresented members of Hawaii's teaching population to successfully complete the national competency examination by providing them with graduate and post-graduate financial assistance.

EDN/HAW, FIN

HB 1728

HD1

(HSCR332)

RELATING TO EDUCATION.

Appropriates funds to hire part-time teachers, tutors, or both for public elementary and intermediate schools that need them.

EDN, FIN

HB 1295

HD1

(HSCR385)

RELATING TO SCHOOLS.

Requires the department of education to conduct asbestos tests prior to renovations or painting of school facilities at all department of education schools. Directs the department to maintain a record of all students at King intermediate who may have been exposed to asbestos. Appropriates funds.

EDN, FIN

HB 1132

(HSCR285)

RELATING TO EDUCATION.

Creates an education design and construction project assessment fund within the DOE. Broadens DOE authority over capital improvement projects.

EDN, FIN

HB 1605

(HSCR327)

RELATING TO SCHOOLS.

Appropriates funds for the Hawaii 3R's school repair and maintenance fund and the Hawaii 3R's coordinator position.

EDN, FIN

HB 842

(HSCR298)

AUTHORIZING THE ISSUANCE OF BONDS FOR EDUCATION PURPOSES.

Authorizes director of finance to issue bonds to subsidize school renovation, equipment acquisition, curriculum development, and teacher training in qualified zones and schools.

EDN, FIN

HB 1136

HD2

(HSCR330)

RELATING TO EDUCATION.

Establishes the Task Force on Charter School Governance. Clarifies the funding mechanism for charter schools. Appropriates funds.

EDN, FIN

HB 969

(HSCR300)

RELATING TO NEW CENTURY CONVERSION CHARTER SCHOOLS.

Prohibits the DOE from using the minimum annual contribution by a nonprofit organization to reduce, suspend, or offset its normal budgetary allocation to a new century conversion charter school.

EDN, FIN

Decision making to follow.

 

 

SENATE COMMITTEE ON HEALTH AND HOUSE COMMITTEE ON HEALTH

Monday, February 28, 2005

1:00 p.m.

Conference Room 016; State Capitol

AGENDA:

The purpose of this informational briefing is to inform the Committees on Health and the public of the data and policy recommendations provided by the Hawaii Uninsured Project, regarding financing options for expanding health care coverage to Hawaii's uninsured populations.

Loretta J. Fuddy Division Chief, Family Health Services Division, Department of Health

Laurel Johnston Executive Director, Hawaii Uninsured Project

Gladys Quinto Director of Policy and Planning, Hawaii Uninsured Project

Gerard Russo Associate Professor, Dept of Economics, University of Hawaii