COMMITTEE ON CONSUMER PROTECTION & COMMERCE
Wednesday, February 4, 2009
2:00 p.m.
Conference Room 325; State Capitol
AGENDA:
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RELATING TO THE REAL ESTATE LICENSEES. Excludes licensed real estate brokers and salespersons from the definition of "distressed property consultant" in the Mortgage Foreclosure Rescue Fraud Prevention Act, and adds to real estate licensing laws prohibitions against certain conduct by licensed real estate brokers and salespersons that specifically relate to distressed property.
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CPC, JUD |
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RELATING TO THE APPLICABILITY OF THE MORTGAGE RESCUE FRAUD PREVENTION ACT TO REAL ESTATE LICENSEES. Excludes real estate licensees from the definition of distressed property consultant in Act 137, Session Laws of Hawaii 2008, the Mortgage Foreclosure Rescue Fraud Prevention Act, and adds to section 467-14, Hawaii Revised Statutes, prohibitions against certain conduct by real estate licensees that specifically relate to distressed property.
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CPC, JUD |
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RELATING TO MORTGAGES. Makes various amendments to the Mortgage Rescue Fraud Prevention Act.
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CPC, JUD |
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RELATING TO RESIDENTIAL REAL PROPERTY. Prohibits transfer fees required by a deed restriction or covenant. Effective 11/1/09.
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CPC, JUD |
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RELATING TO REAL ESTATE BROKERS AND SALESPERSONS. Specifies that acting as a real estate broker and salesperson pursuant to a real estate license does not constitute the practice of law.
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CPC, JUD |
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RELATING TO APPRAISALS. Requires a real estate appraiser to comply with the Uniform Standards of Professional Appraisal Practice when acting as an appraiser or arbitrator in an arbitration to determine the value or rental of real estate.
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CPC |
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RELATING TO CONTRACTORS. Modifies the composition of the contractors license board to require that at least 3 members of the board to be appointed from a list of nominees submitted by the speaker of the house of representatives and at least 3 from a list submitted by the president of the senate.
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CPC, LMG |
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RELATING TO METAL. Removes sunset clause in Act 197, Session Laws of Hawaii 2007, which contains a repeal date of July 1, 2009.
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CPC, JUD |
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RELATING TO METAL. Repeals the 07/01/09 "sunset" date in Act 53, SLH 2008, that established the misdemeanor offense of theft of beer keg and imposed recordkeeping requirements on scrap metal dealers that purchase beer kegs. Effective 06/30/09.
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CPC, JUD |
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RELATING TO PREPAID CALLING CARDS. Requires companies selling prepaid calling cards to disclose the terms and services of the cards. Makes a violation of disclosure requirement an unfair or deceptive act or practice.
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CPC, JUD |
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RELATING TO TORTS. Abolishes joint and several liability for design professionals except when design professional's degree of negligence is 25% or more.
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CPC, JUD |
Decision making to follow.
2:05 p.m. AGENDA:
CPC/JUD only:
Decision making only (heard on Monday, February 2, 2009):
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RELATING TO THE MORTGAGE RESCUE FRAUD PREVENTION ACT. Excludes licensed real estate brokers and salespersons from the definition of distressed property consultants in the Mortgage Foreclosure Rescue Fraud Prevention Act. Prohibits certain conduct relating to the acquisition of an ownership interest in distressed property by licensed real estate brokers and salespersons.
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CPC/JUD |
COMMITTEE ON EDUCATION AND COMMITTEE ON LABOR & PUBLIC EMPLOYMENT
Wednesday, February 4, 2009
2:00 p.m.
Conference Room 309; State Capitol
AGENDA:
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RELATING TO RECONSTITUTING SCHOOLS. Allows the Superintendent of Education to reconstitute a public school, except a charter school, which has been in restructuring for three or more school years. Also allows the Superintendent to recommend to the charter school review panel actions that should be taken to reconstitute a charter school which has been in restructuring for three or more school years, and recommend that the charter school review panel revoke the charter school's charter.
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EDN/LAB, FIN |
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RELATING TO SALARY RANGES FOR TEACHERS. Repeals statutory provisions establishing salary ranges for teachers that are no longer applicable.
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EDN/LAB, FIN |
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RELATING TO SALARY INCREASES FOR TEACHERS AND EDUCATIONAL OFFICERS. Repeals the statutory provisions that provide teachers and educational officers with annual incremental or longevity step increases.
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EDN/LAB, FIN |
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RELATING TO CAUSES FOR DISCHARGE OR DEMOTION OF TEACHERS. Repeals the statute providing for the demotion of teachers.
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EDN/LAB, FIN |
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RELATING TO THE DEPARTMENT OF EDUCATION. Repeals the statute providing for district business and fiscal officers of the Department of Education.
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EDN/LAB, FIN |
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RELATING TO EDUCATION. Authorizes the Hawaii teacher standards board to suspend its policies, rules, and standards when required by extenuating circumstances. Authorizes the board to determine how it collects license fees.
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EDN/LAB, FIN |
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RELATING TO TEACHER EDUCATION COORDINATING COMMITTEE. Amends the membership of the teacher education coordinating committee to include a representative of each state approved teacher education program.
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EDN/LAB, FIN |
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RELATING TO CIVIL SERVICE PERSONNEL. Ensures that civil service benefits for department of education civil service employees are the same as those provided to civil service employees of other executive branch employees until 6/30/12.
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EDN/LAB, FIN |
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RELATING TO CAFETERIA WORKERS. Changes the employment period for cafeteria workers employed on or after July 1, 2009, from twelve to ten months.
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EDN/LAB, FIN |
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RELATING TO EDUCATION. Clarifies that teachers hired on an emergency hire basis are required to demonstrate active pursuit of a teacher's license in each year of their employment as teachers over a maximum of four years.
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EDN/LAB, FIN |
Decision making to follow.
COMMITTEE ON ECONOMIC REVITALIZATION, BUSINESS, & MILITARY AFFAIRS
Thursday, February 5, 2009
8:00 a.m.
Conference Room 312; State Capitol
AGENDA:
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RELATING TO PRESERVATION. Preserves relevant historic sites within the property known as the former Ewa Marine Air Field.
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EBM, WLO, FIN |
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RELATING TO HAWAII'S ECONOMY. Direct the legislative reference bureau to undertake an economic diagnostic assessment of the State's economy. Makes an appropriation for costs of economic consultants to assist in the study.
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EBM, LMG, FIN |
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RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS. Requires professional employer organizations to register with the department of commerce and consumer affairs.
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EBM, CPC/JUD, FIN |
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RELATING TO SMALL BUSINESS. Makes various administrative and technical amendments to the small business regulatory flexibility act. Codifies the small business bill of rights.
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EBM, CPC/JUD, FIN |
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RELATING TO THE SMALL BUSINESS REGULATORY REVIEW BOARD. Requires the small business regulatory review board to identify rules that shall be amended or repealed to conform to the repeal of related statutes. Directs the board to work with state agencies to develop a procedure for expediting the amendment or repeal of rules when the changes are required only to comply with the repeal of statutes.
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EBM, JUD, FIN |
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RELATING TO REAL PROPERTY. Mandates certain conditions applicable to certain commercial and industrial leases. Exempts certain sales of fee interest to lessee from state income tax.
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EBM, JUD, FIN |
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RELATING TO LEASEHOLD CONVERSION. Provides for the mandatory lease-to-fee conversion of leasehold business property.
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EBM, JUD, FIN |
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RELATING TO THE HAWAII COMMUNICATIONS COMMISSION. Establishes the Hawaii communications commission (HCC) in the department of commerce and consumer affairs (DCCA). Transfers functions relating to telecommunications from the PUC to the HCC. Also transfers functions relating to cable services from DCCA to HCC.
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EBM, CPC, FIN |
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RELATING TO TECHNOLOGY. Implements key recommendations of the Hawaii broadband task force by establishing the Hawaii communications commissioner (HCC) in the department of commerce and consumer affairs (DCCA). Transfers functions relating to telecommunications from the public utilities commission to the HCC and functions relating to cable services from DCCA to the HCC. Establishes a work group to develop procedures to streamline state and county broadband regulation, franchising, and permitting and report to the legislature.
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EBM, CPC, FIN |
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RELATING TO THE HAWAII COMMUNICATIONS COMMISSION. Establishes the Hawaii Communications Commission (HCC) in the Department of Commerce and Consumer Affairs (DCCA). Transfers functions relating to telecommunications from the Public Utilities Commission (PUC) to the HCC. Also transfers functions relating to cable services from DCCA to HCC.
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EBM, CPC, FIN |
Decision making to follow.
COMMITTEE ON HUMAN SERVICES
Thursday, February 5, 2009
8:15 a.m.
Conference Room 329; State Capitol
AGENDA:
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RELATING TO INCOME TAX. Exempts individuals from income tax if they earn less than 100 percent of the current Federal Poverty Income Guideline for Hawaii.
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HUS, FIN |
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RELATING TO INFANT AND TODDLER CHILD CARE CENTERS. Requires department of human services to adopt rules to implement a standardized set of procedures to accommodate complaints and grievances against infant and toddler child care centers. Requires department to publicize procedures, including on its website.
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HUS, JUD, FIN |
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RELATING TO DOMESTIC VIOLENCE. Requires law enforcement officers to report to the Department of Human Services (DHS) when a child witnesses an incident of domestic abuse. Requires DHS to collaborate with other agencies and organizations establish procedures and protocols and report to the legislature.
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HUS, JUD, FIN |
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RELATING TO PERMANENCY HEARINGS. Amends chapter 587, Hawaii Revised Statutes, to ensure compliance with federal Title IV-E hearing requirements.
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HUS, JUD, FIN |
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RELATING TO AN AUDIT OF THE HAWAII STATE COALITION AGAINST DOMESTIC VIOLENCE. Requires the Auditor to perform a financial and management audit of the Hawaii State Coalition Against Domestic Violence.
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HUS, LMG, FIN |
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RELATING TO FAMILY COURT. Mandates the family court to provide relevant information to the department of public safety for the purposes of maintaining a statewide victim information and notification program.
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HUS, PBS, JUD |
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RELATING TO TAXATION. Creates a state earned income tax credit funded initially with TANF funds. Restricts the interest charged by tax preparers to clients who claim the earned income tax credit.
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HUS, FIN |
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RELATING TO ASSET BUILDING. Establishes a three-year pilot project within the Department of Human Services to conduct and expand asset building classes statewide to serve individuals with disabilities and the parents of children with a disability. Appropriates funds.
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HUS, FIN |
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RELATING TO TAXATION. Provides a refundable state earned income tax credit equivalent to twenty per cent of the federal earned income tax credit. Requires the refundable portion of the earned income tax credit to be reimbursed by federal or state temporary assistance for needy families funds.
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HUS, FIN |
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RELATING TO TEMPORARY ASSISTANCE TO NEEDY FAMILIES. Details how the legislature will spend TANF funds, emphasizing direct payments to families, employment training, teenage pregnancy prevention, and keeping families intact.
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HUS, FIN |
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RELATING TO CHILDREN. Appropriates funds from general revenues and the temporary assistance for needy families funds for the healthy start program.
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HUS, FIN |
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RELATING TO COUNTIES. Renders void as against public policy any county ordinance that prohibits a group living facility for the elderly and persons with disabilities from being located within any specified distance from another group living facility.
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HUS, WLO |
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RELATING TO CHILD DEVELOPMENT ACCOUNT. Creates child development account. Requires State to pay $ when account opens at birth. Limits annual contributions to $ . Prohibits withdrawals before age 18. Exempts gains from income tax. Provides penalties. Requires director of taxation to adopt rules.
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HUS, FIN |
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RELATING TO CHILDREN. Appropriates or authorizes temporary assistance for needy families funds for the healthy start program, including enhanced healthy start, hiring of additional staff, and training.
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HUS, FIN |
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RELATING TO TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. Requires department of human services to grant to families homeless assistance, under specified circumstances, as an allowance for nonrecurring special needs when homelessness is a direct result of domestic violence. Allows verification by sworn statement of victim.
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HUS, FIN |
Decision making to follow.
COMMITTEE ON AGRICULTURE AND COMMITTEE ON ENERGY & ENVIRONMENTAL PROTECTION
Thursday, February 5, 2009
Conference Room 325; State Capitol
8:30 a.m. AGENDA:
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RELATING TO INVASIVE SPECIES. Prevents and reduces the intentional introduction and spread of invasive species by establishing severe penalties appropriate to the harm caused by the intentional introduction and spread of invasive species to the economy, natural environment, and the health and lifestyle of Hawaii's people.
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AGR/EEP, TRN, JUD |
Decision making to follow.
8:35 a.m. AGENDA:
EEP/EBM only:
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RELATING TO RECYCLING. Establishes a television recycling and recovery program.
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EEP/EBM, JUD, FIN |
Decision making to follow.
9:00 a.m. AGENDA:
EEP only:
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RELATING TO ENERGY RESOURCES. To comprehensively address deficiencies in Hawaii's energy resources coordination statutes. Provide policy guidance needed to provide adequate detail on the nature and relationship of the energy data analyses functions required of the state energy resources coordinator and energy program.
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EEP, CPC, FIN |
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RELATING TO WATER POLLUTION. Establish exempt positions entitled Total Maximum Daily Load Coordinator.
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EEP, LAB, FIN |
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RELATING TO MOTOR VEHICLES. Requires the director of health to establish, by rule, motor vehicle emission standards by adopting the motor vehicle emission standards established by the State of California.
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EEP, TRN, FIN |
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RELATING TO RENEWABLE ENERGY. Establishes comprehensive measures for increasing the production and use of renewable energy in the State.
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EEP, CPC, FIN |
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RELATING TO GOVERNMENT. Establishes the Hawaii energy and food security authority to plan, coordinate, and address Hawaii's energy and food security needs. Repeals the state program for energy planning and conservation. Imposes the environmental response and energy and food security tax. Makes the executive director of the authority the energy resources coordinator. Repeals the energy resources coordinator duties. Abolishes the agribusiness development corporation on 7/1/2011.
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EEP, AGR, FIN |
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RELATING TO THE ENVIRONMENTAL IMPACT STATEMENT LAW. Requires a supplemental environmental assessment or supplemental environmental impact statement after the passage of 15 years from the date of the acceptance of the statement or the determination of a finding of no significant impact, if the proposed action is not completed.
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EEP, JUD, FIN |
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RELATING TO THE ENVIRONMENTAL IMPACT STATEMENT LAW. Requires an environmental assessment for any development on lands with an average slope of 20% or greater.
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EEP, WLO, FIN |
Decision making to follow.
10:00 a.m. AGENDA:
EEP/HSG only:
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RELATING TO ENERGY RESOURCES. Clarifies solar water heater variance request procedures and authority and provides guidance with respect to solar water heater system standards.
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EEP/HSG, CPC, FIN |
Decision making to follow.
EEP only:
Decision making only (heard on Tuesday, February 3, 2009):
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RELATING TO ENERGY EFFICIENCY. Directs the public utilities commission to establish energy efficiency portfolio standards.
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EEP, CPC, FIN |
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RELATING TO ENERGY EFFICIENCY. Directs the public benefits fee administrator to review energy use patterns and develop an energy efficiency plan. Appropriates funds.
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EEP, CPC, FIN |
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RELATING TO ENERGY EFFICIENCY. Expands the pay as you save pilot program to include photovoltaic energy systems and refrigerator exchanges.
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EEP, CPC, FIN |
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RELATING TO ENERGY EFFICIENCY. Directs the public benefits fee administrator to develop and implement a program to encourage residential retail electricity customers to replace inefficient household appliances with ENERGY STAR appliances.
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EEP, CPC, FIN |
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RELATING TO ENERGY EFFICIENCY. Directs the public utilities commission to establish a consumer information program on energy efficient properties.
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EEP, CPC, FIN |
10:05 a.m. AGENDA:
EEP/WLO only:
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RELATING TO ENERGY EFFICIENCY. Directs the energy resources coordinator to review energy efficiency in building construction and recommend amendments to county building codes and the state building code. Requires the state building code to contain provisions of the International Energy Conservation Code and directs counties to adopt those provisions. Allows for the review of energy efficiency in existing state buildings and directs the energy resources coordinator to establish energy efficiency guidelines for retro-commissioning and retrofits. Requires existing state buildings to be retro-commissioned no less than every five years. Requires the energy resources coordinator to publish an annual energy efficiency report. Requires energy performance contracts for retro-commissioning to meet energy efficiency standards.
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EEP/WLO, HSG, FIN |
Decision making to follow.
10:10 a.m. AGENDA:
EEP/WLO only:
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RELATING TO ENERGY. Establishes specific performance standards and mandates the use of cool roofs on all new residential and commercial construction in Hawaii beginning in 2011.
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EEP/HSG/WLO, EBM, FIN |
Decision making to follow.
COMMITTEE ON PUBLIC SAFETY
Thursday, February 5, 2009
9:15 a.m.
Conference Room 309; State Capitol
AGENDA:
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RELATING TO PUBLIC SAFETY. Requires privately owned prisons or out-of-state detention facilities holding prisoners under a contract with the State to follow state freedom of information laws pursuant to chapter 92F, Hawaii Revised Statutes.
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PBS, JUD, FIN |
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RELATING TO PUBLIC SAFETY. Requires the office of Hawaiian affairs to conduct a study on the disparate treatment of native Hawaiians and other ethnic groups in the State's criminal justice system; makes an appropriation.
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PBS, HAW, FIN |
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RELATING TO COGNITIVE RESTRUCTURING. Requires the department of public safety to establish a reintegration pilot program that combines cognitive behavioral theory with native Hawaiian holistic interventions that address domestic violence, addictions, self mastery through identity, and community connections for successful transitions back into the community.
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PBS, HAW, FIN |
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RELATING TO PUBLIC SAFETY. Makes clear that the office of the ombudsman has the authority to investigate facilities that hold Hawaii inmates, appropriates funds to conduct investigations, and makes gender neutral amendments.
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PBS, LMG, FIN |
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RELATING TO PUBLIC SAFETY. Requires a correctional impact statement be attached to any bill that proposes a change in the law that creates a public offense, significantly changes an existing public offense or the penalty for an existing offense, or changes existing sentencing, parole, or probation procedures.
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PBS, LMG, FIN |
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RELATING TO PRIVATE PRISON PERFORMANCE AUDIT. Authorizes the state auditor to conduct performance audits of private prisons housing Hawaii inmates, namely Red Rock Correctional Center and Saguaro Correctional Center in Eloy, Arizona and Otter Creek Correctional Center in Wheelwright, Kentucky in the following areas: (1) treatment and services that Corrections Corporation of America is providing to Hawaii inmates including medical, mental health, substance abuse treatment, education, vocational training, and food services; (2) visitation, videoconferencing, and telephone communication; and (3) the department of public safety's monitoring of private prisons, enforcement of contract provisions, and public access to contracts and monitoring reports.
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PBS, LMG, FIN |
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RELATING TO EMERGENCY SHELTERS. Requires new state buildings to be evaluated for suitability as an emergency shelter, and requires qualifying new state buildings to be modified to serve as emergency shelters.
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PBS, WLO, FIN |
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RELATING TO PUBLIC ASSISTANCE. Requires director of public safety to transmit monthly reports to department of human services (DHS) listing all newly admitted inmates during the previous month to a correctional facility. Requires DHS to identify inmates who receive public assistance, regardless of the nature of the inmate's offense, to enforce the prohibition of inmates from receiving public assistance.
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PBS, HUS, FIN |
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RELATING TO ENHANCED 911 SERVICES. Lowers costs for cell phone subscribers by reducing the Wireless Enhanced 911 surcharge from 66 to 46 cents. Expands the membership and responsibilities of the Wireless Enhanced 911 Board.
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PBS, CPC, FIN |
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RELATING TO FIRE PROTECTION. Makes discretionary, rather than mandatory, fire inspections conducted by the county fire chiefs. Provides that frequency of inspections of buildings other than public schools shall be as deemed necessary rather than every 2 years.
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PBS, JUD, FIN |
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RELATING TO FIREWORKS. Bans all fireworks in counties with a population of more than 500,000 persons.
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PBS, TCI, JUD |
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RELATING TO FIREWORKS. Provides for a statewide ban of consumer fireworks (firecrackers).
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PBS, TCI, JUD |
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RELATING TO CIVIL DEFENSE. Allows the counties to condition the approval of permits for the construction of new residential housing in tsunami inundation zones on the installation of tsunami warning sirens or payment of impact fees. Requires the disability communications access board to identify internationally recognized symbols to be used in the event of a disaster or emergency to communicate notices to persons that do not understand verbal or written communications.
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PBS, HSG/WLO, FIN |
Decision making to follow.
COMMITTEE ON PUBLIC SAFETY AND COMMITTEE ON ENERGY & ENVIRONMENTAL PROTECTION
Thursday, February 5, 2009
11:30 a.m.
Conference Room 309; State Capitol
AGENDA:
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RELATING TO ENERGY EMERGENCY PREPAREDNESS. Comprehensively addresses deficiencies in Hawaii's energy emergency preparedness statutes; Provides up-to-date policy guidance needed for consistency with current federal and state energy emergency and overall emergency management policies and plans, and to provide definitive guidance on critical energy data analyses functions. |
PBS/EEP, CPC/JUD, FIN |
Decision making to follow.
COMMITTEE ON ECONOMIC REVITALIZATION, BUSINESS, & MILITARY AFFAIRS AND COMMITTEE ON AGRICULTURE
Thursday, February 5, 2009
10:30 a.m.
Conference Room 312; State Capitol
AGENDA:
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RELATING TO STATE ENTERPRISE ZONES. Extends EZ tax credits and exemptions, for businesses engaged in the manufacturing of tangible personal property or in the producing or processing of agricultural products, for an additional seven years. Allows the receipts, sales, and employees of a business's establishments in all enterprise zones located within the same county to count towards qualification requirements.
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EBM/AGR, EEP, FIN |
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RELATING TO STATE ENTERPRISE ZONES. Allows agricultural producers, manufacturers and wholesalers to renew their eligibility into the enterprise zone program for an additional 7 years. Allows for the receipts, sales, and employees of a business's establishments in all enterprise zones located within the same county to count towards qualification into the enterprise program. Clarifies that limited liability companies are included as qualified businesses.
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EBM/AGR, FIN |
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RELATING TO HIGH TECHNOLOGY. Requires the department of business, economic development, and tourism to consult with the high technology development corporation to plan for the establishment of the high technology park on the site of the animal quarantine station in Halawa on Oahu. Identifies site. Makes appropriation.
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EBM/AGR, FIN |
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RELATING TO PROCUREMENT. Allows for persons desiring a Hawaii product preference when submitting bids to self-certify as an alternative to registration on the Hawaii products list. Amends the definition of a Hawaii product by revising the product classes. Revises administrative rules relating to exemptions from procurement. |
EBM/AGR, JUD, FIN |
Decision making to follow.
COMMITTEE ON HUMAN SERVICES AND COMMITTEE ON HEALTH
Thursday, February 5, 2009
10:30 a.m.
Conference Room 329; State Capitol
AGENDA:
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RELATING TO HEALTH. Appropriates money to match federal funds for medicaid.
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HUS/HLT, FIN |
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RELATING TO HOME CARE AGENCIES. Requires the department of health to license home care agencies. Sunsets 6/30/2014. Makes appropriation.
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HUS/HLT, FIN |
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RELATING TO HEALTH. Requires the department of human services to provide presumptive eligibility for medicaid-eligible patients who have been waitlisted for long-term care.
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HUS/HLT, FIN |
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RELATING TO HEALTH. Establishes reimbursement guidelines for medicaid to hospitals and facilities with long‑term care beds. Makes appropriation.
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HUS/HLT, FIN |
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MAKING AN APPROPRIATION FOR THE AUDITOR. Appropriates funds for the auditor to conduct a financial audit of all federal funds designated for health care and received by the department of human services.
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HUS/HLT, LMG, FIN |
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RELATING TO MEDICAID. Requires the department of human services to award medicaid contracts to nonprofit insurance entities only.
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HUS/HLT, JUD, FIN |
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RELATING TO SKILLED NURSING FACILITIES. On 1/1/2010, treats each new skilled nursing facility or facility expanding its operations outside an enterprise zone as operating within an enterprise zone for purposes of eligibility to receive all benefits provided in enterprise zones. Adds definition of skilled nursing facility. Amends definition of medical and health care services.
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HUS/HLT, EBM, FIN |
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MAKING AN EMERGENCY APPROPRIATION FOR THE DEPARTMENT OF HUMAN SERVICES TO ADDRESS THE BUDGET SHORTFALL. Emergency appropriation from the Emergency and Budget Reserve Fund to replace general funds appropriated for the health care payments program (HMS 401) to address the budget shortfall in fiscal year 2008-2009.
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HUS/HLT, FIN |
Decision making to follow.