OFFICE OF THE SPEAKER

THIRTY-FIRST STATE LEGISLATURE

 

COMMITTEE REFERRALS

 

 

_______________________________________________________________________________________

 

NO. 21

26TH LEGISLATIVE DAY - MARCH 9, 2021

_______________________________________________________________________________________

 

Committee Abbreviations:

 


AGR -  Agriculture

CAI -   Culture, Arts, & International Affairs

CMV - Corrections, Military, & Veterans

CPC -   Consumer Protection & Commerce

ECD -  Economic Development

EDN -  Education

EEP -   Energy & Environmental Protection

FIN -    Finance

GVR -  Government Reform

HET -   Higher Education & Technology

HHH -  Health, Human Services, & Homelessness

HSG -  Housing

JHA -   Judiciary & Hawaiian Affairs

LAT -   Labor & Tourism

LMG -  Legislative Management

PDP -   Pandemic & Disaster Preparedness

TRN -  Transportation

WAL - Water & Land


 

________________________________________________________________________________________

 

 

 

Committee

 

 

REFERRAL

 

SB83, SD1

RELATING TO GOVERNMENT.

Designates November 28 of each year as La Ku‘oko‘a, Hawaiian Recognition Day, not constituting a state holiday, to celebrate the historical recognition of independence of the kingdom of Hawaii.  (SD1)

 

CAI, JHA, FIN

SB134, SD1

RELATING TO EMERGENCY POWERS.

Prohibits the governor or the mayor from suspending requests for public records or vital statistics during a declared state of emergency.  Effective 7/1/2050.  (SD1)

 

PDP, JHA, FIN

SB151

RELATING TO THE STATEWIDE TRAFFIC CODE.

Replaces the term "accident" with collision for purposes of certain provisions of the statewide traffic code.

 

JHA, CPC

SB157

RELATING TO LICENSING.

Authorizes the issuance of a civil license to solemnize marriage and allows solemnization by any individual at least eighteen years of age.

 

JHA

SB186

RELATING TO RESTRICTIONS ON AGRICULTURAL USES AND ACTIVITIES.

Disallows the enforcement of a re-recorded homeowners' association restriction if the restriction prohibits bona fide agricultural uses and activities on agricultural land.

 

WAL, AGR, CPC

SB193, SD1

RELATING TO EQUITABLE GENDER REPRESENTATION ON CORPORATE BOARDS.

Requires publicly held domestic corporations to have a gender-diverse board of directors.  Establishes reporting requirements for the Department of Commerce and Consumer Affairs and penalties.  (SD1)

 

ECD, CPC, FIN

SB211, SD1

RELATING TO HAWAIIAN AS AN OFFICIAL LANGUAGE OF THE STATE OF HAWAII.

Requires that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and then translated into English.  (SD1)

 

JHA, FIN

SB280

RELATING TO FAIR HOUSING REASONABLE ACCOMMODATIONS.

Codifies the administrative rule definition of "assistance animal".  Clarifies the type of verification an individual may provide to substantiate a reasonable accommodation request for a specific assistance animal.  Specifies that possession of a vest or other distinguishing animal garment, tag, or registration document commonly purchased online and purporting to identify an animal as a service animal or assistance animal does not constitute valid verification of a disability-related need for an assistance animal.

 

HHH, JHA

SB324, SD1

RELATING TO THE PRACTICE OF MEDICINE.

Clarifies the definition of the practice of medicine to provide uniformity of practice for both medical physicians and osteopathic physicians.  (SD1)

 

HHH, CPC, FIN

SB329, SD1

RELATING TO CONDOMINIUMS.

Shortens the notice period from sixty days to thirty days for a board to sell, store, donate, or dispose of personalty when the identity and address of the owner are known.  Removes the publication requirement and permits the board of directors of a condominium association to proceed directly to the sale, storage, donation, or disposal of personalty that has been abandoned in or on the common elements of a condominium when the identity or address of the owner is unknown.  (SD1)

 

CPC

SB340

RELATING TO AGRICULTURAL LANDS.

Amends certain land subdivision and condominium property regime laws related to agricultural land, as recommended pursuant to Act 278, Session Laws of Hawaii 2019, to ensure condominium property regime projects within the agricultural district are used for agricultural purposes.

 

WAL, AGR, JHA

SB347, SD1

RELATING TO LITTER CONTROL.

Prohibits the intentional release of balloons inflated with a gas that is lighter than air.  (SD1)

 

EEP, JHA

SB348, SD1

RELATING TO BOTTLED WATER.

Repeals the requirement that noncarbonated bottled water be transported, stored, processed, or bottled through lines or equipment through which only water is passed.  Updates the requirement that all bottled water shall meet standards prescribed by the United States Food and Drug Administration rules regarding product quality standards for bottled water.  (SD1)

 

EEP, CPC, FIN

SB376

RELATING TO NOISE.

Prohibits use, sale, alteration, or installation of motor vehicle mufflers that emit more than 95 decibels of sound.

 

TRN, JHA

SB382

RELATING TO PAYMENTS OF SUPPORT.

Includes tips or gratuities paid directly to an individual by a customer of the employer and reported or declared to the employer under the definition of income withheld by employers for payments of child or spousal support.

 

LAT, JHA, FIN

SB387, SD1

RELATING TO THE ROOM CONFINEMENT OF CHILDREN AT DETENTION AND SHELTER FACILITIES.

Establishes conditions and time limits for placing a child in room confinement at a detention or shelter facility.  Effective 5/1/2029.  (SD1)

 

HHH, JHA, FIN

SB404

RELATING TO ELECTIONEERING COMMUNICATIONS.

Increases the monetary threshold that requires disclosure of electioneering communications.  Requires that disclosures of electioneering communications occur on the date the electioneering communications are publicly distributed.  Classifies election advertisements sent by mail at any postal rate, and election advertisements that are expenditures of an organization, as electioneering communications.

 

GVR, JHA

SB412

RELATING TO OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT.

Excludes habitually operating a vehicle under the influence of an intoxicant from qualifying for deferred acceptance of guilty plea or nolo contendere plea.

 

JHA, FIN

SB428, SD1

RELATING TO FELONIES.

Specifies that interference with an automated public transit operation is unlawful and is a class C felony.  (SD1)

 

JHA

SB474, SD1

RELATING TO REAL PROPERTY TRANSACTIONS.

Requires that mandatory seller disclosures in real estate transactions include identification of residential real properties lying within the sea level rise exposure area.  Effective 5/1/2022.  (SD1)

 

WAL, CPC

SB489

RELATING TO AGRICULTURAL BUILDINGS.

Increases the maximum area for each agricultural shade cloth structure, cold frame, and greenhouse that could qualify the structure for an exemption from building permit and building code requirements.

 

AGR, CPC

SB510, SD1

RELATING TO HISTORIC PRESERVATION REVIEWS.

Authorizes the Department of Land and Natural Resources, in consultation with the Office of Hawaiian Affairs, to delegate to the impacted counties the responsibility for certain historic preservation project reviews, provided that certain requirements are met.  Allows the Department of Land and Natural Resources to establish a program to certify third-party individuals and organizations to review documents for completeness and compliance prior to submission of those documents to the Department; provided that certain requirements are met.  (SD1)

 

WAL, JHA, FIN

SB537

RELATING TO AMERICAN SIGN LANGUAGE.

Recognizes American Sign Language as a fully developed, autonomous, natural language with its own grammar, syntax, vocabulary, and cultural heritage.

 

CAI, JHA, CPC

SB538

RELATING TO THE HAWAII CIVIL RIGHTS COMMISSION.

Clarifies the meaning of "program or activity receiving state financial assistance".  Excludes cases within the scope of the Individuals with Disabilities Education Act from the jurisdiction of the Hawaii civil rights commission.

 

LAT, JHA, FIN

SB562, SD1

RELATING TO DECEPTIVE TRADE PRACTICES.

Establishes that charging shipping and delivery charges that exceed the actual cost to ship or deliver a commodity to a consumer in Hawaii shall constitute an unfair and deceptive practice.  (SD1)

 

ECD, CPC, FIN

SB565, SD1

RELATING TO ALCOHOL.

Expands the definition of "beer" to specify an alcohol by volume of no less than 0.5 per cent and to include alcoholic seltzer beverages.  Effective January 1, 2022.  (SD1)

 

ECD, CPC

SB596, SD1

RELATING TO THE HAWAII TOURISM AUTHORITY.

Prohibits holdover board members of the Hawaii Tourism Authority from holding office beyond the commencement of the next legislative session following the expiration of the member's term of office.  (SD1)

 

LAT, JHA, FIN

SB599, SD1

RELATING TO MASSAGE THERAPISTS.

Beginning July 1, 2024, requires massage therapy licensees to complete twelve hours of continuing education within the two-year period preceding the renewal date, two hours of which shall include first aid, cardiopulmonary resuscitation, or emergency related courses.  (SD1)

 

CPC, FIN

SB601, SD1

RELATING TO ROOFING CONTRACTORS.

Prohibits roofing contractors from offering to pay, in any monetary form, an insured's insurance deductible as an incentive to encourage the insured to hire the contractor.  Allows insureds to rescind contracts with roofing contractors within five business days of receiving notification from an insurer that all or any part of a claim or contract is not a covered loss under the insured's insurance policy.  (SD1)

 

CPC, FIN

SB611, SD1

RELATING TO BEHAVIOR ANALYSTS.

Makes permanent the regulation of behavior analysts.  Effective 6/29/2021.

 

HHH, CPC, FIN

SB615, SD1

RELATING TO RENTALS OF MOPEDS AND MOTOR SCOOTERS.

Requires all moped and motor scooter rental companies to ensure the rider wears a safety helmet supplied either by the rental company or by the renter prior to operating the moped or motor scooter.  Exempts riders with a motorcycle license from this requirement.  Prohibits the rental of any moped or motor scooter with aftermarket modifications.  Amends the definition of motor scooter.  (SD1)

 

CPC, JHA

SB635

RELATING TO ELECTIONS.

Allows the elections commission to refer a complaint to the attorney general or county prosecutor in addition to any administrative determination and without the requirement that the commission believes the respondent has recklessly, knowingly, or intentionally committed a violation.  Disqualifies a person convicted of violating elections criminal prosecution laws from holding elective public office for ten years rather than four.  Repeals language stipulating that elections criminal prosecution law does not apply to any persons who has paid or agrees to pay fines related to report filing violations and advertisement violations prior to the commencement of the proceedings.

 

JHA, FIN

SB696, SD1

RELATING TO THE FESTIVAL OF PACIFIC ARTS.

Extends the date on which the temporary commission on the thirteenth festival of pacific arts shall cease to exist to August 31, 2025.  Permits less than a quorum of commission members to discuss matters relating to official board business outside a commission meeting as a permitted interaction under part I of chapter 92, Hawaii Revised Statutes, to enable them to perform their duties faithfully, provided that the commission holds a meeting at least once a month and discusses the progress of the permitted interaction matter at the next meeting.  (SD1)

 

CAI, JHA, CPC, FIN

SB703

RELATING TO SUICIDE PREVENTION TRAINING.

Requires two hours of annual in-service training in suicide prevention for all teachers, principals, and school counselors.

 

HHH, EDN, CPC, FIN

SB726

RELATING TO POLICING.

Prohibits the issuance of warrants that permit entry by an officer to a house, store, or other building without first audibly declaring the officer's office and business, including no-knock warrants.  Requires law enforcement officers serving an arrest warrant at a house or a search warrant at a house, store, or other building to audibly declare the officer's office and business and wait at least thirty seconds for compliance before entry.  Requires officers serving a warrant to do so in uniform.

 

JHA, CPC

SB764, SD1

RELATING TO HUMAN TRAFFICKING.

Adds a permanent commercial driver's license disqualification for a commercial driver's license or commercial learner's permit holder who is convicted of a felony involving a severe form of trafficking in persons, without the possibility of reinstatement.  (SD1)

 

CPC, JHA

SB766

RELATING TO MOTOR CARRIER PENALTIES.

Allows a penalty of up to $5,000 for the fourth or subsequent violations of the motor carrier law within one calendar year.

 

CPC, FIN

SB811

RELATING TO THE DEPARTMENT OF EDUCATION.

Requires the department of education to publish a weekly report on schools that have reported COVID-19 cases.

 

PDP, EDN, JHA, FIN

SB814, SD1

RELATING TO CHARTER SCHOOLS.

Clarifies the process for applicants to apply to open and operate a charter school.  Provides for penalties for authorizers who fail to timely comply with board decisions.  (SD1)

 

EDN, FIN

SB828

RELATING TO DIVORCE.

Grants exclusive original jurisdiction in matters of divorce to the family court of the circuit in which an applicant is domiciled at the time the application is filed.  Repeals the requirement that a person be domiciled or physically present in the State for a continuous period of at least six months before completing a divorce. 

 

JHA, FIN

SB838, SD1

RELATING TO SERVICES FOR KUPUNA.

Allows the executive office of aging to relax the thirty-hour employment requirement for qualified caregivers under the Kupuna Caregivers Program during a state-declared state of emergency.  Adds the option of kupuna caregiver-directed services to the kupuna caregivers program.  Includes assisting the care recipient and caregiver with the enrollment process as the duty of a coach.  Allows funds under the Kupuna Caregivers Program to be issued to the care recipient's financial management service provider.  Takes effect 5/1/2029.  (SD1)

 

HHH, CPC, FIN

SB912, SD1

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Authorizes a court to order the forfeiture of one-half of the Employees' Retirement System (ERS) benefits of an ERS member, former member, or retirant upon conviction of the individual for a felony related to the State or county employment of the individual.  Authorizes designated beneficiaries to receive the ERS benefits to which the member, former member or retirant would be entitled under this section upon the death of the member, former member, or retirant.  Prohibits designated beneficiaries convicted of a felony under the same set of circumstances as the member, former member, or retirant who was subject to forfeiture of ERS benefits from receiving benefits.  Effective 7/1/2050.  (SD1)

 

LAT, JHA, FIN

SB934

RELATING TO MEASUREMENT STANDARDS.

Exempts hydrogen fuels from petroleum product measurement requirements.

 

EEP, CPC, FIN

SB939

RELATING TO JUNETEENTH DAY.

Establishes June 19 of each year as Juneteenth Day.

 

CAI, JHA, FIN

SB973, SD1

RELATING TO HAWAII MONEY TRANSMITTER ACT.

Amends the Money Transmitters Act.  Changes the chapter and short title to Monetary Transmitters Modernization Act.  Incorporates definitions of key terms provided in the Model Money Services Business Law published by the Conference of State Bank Supervisors.  Adds supporting documentation to be submitted by a license applicant.  Extends the period of a license applicant's litigation and criminal conviction history review from five-years to ten-years from the date of the application.  Requires a license applicant to submit information concerning any bankruptcy or receivership proceedings.  Clarifies the authority of the commissioner of financial institutions relating to examinations and investigations of licensees and participation in nationwide protocols for licensing cooperation.  (SD1)

 

ECD, CPC, FIN

SB975, SD1

RELATING TO PHARMACY AUDITS.

Establishes procedures for audits of pharmacies conducted by a health care provider, insurance company, third-party payor, sickness insurance provider, mutual benefit society, dental service corporation, health maintenance organization, or any entity that represents such companies or groups.  Effective 7/1/2050.  (SD1)

 

HHH, CPC, FIN

SB1004

RELATING TO EDUCATION.

Beginning with the 2021-2022 school year, requires the department of education to include the teaching of financial literacy in the personal/transition plan requirement for each student.

 

EDN, CPC, FIN

SB1042, SD1

RELATING TO COVERED OFFENDER REGISTRATION.

Repeals provision that allows persons designated as covered offenders in another state or jurisdiction to petition the Attorney General for termination of registration requirements upon demonstrating that the out of state convictions are not covered offenses in the State of Hawaii. Requires certain long term visitors to Hawaii with out-of-state convictions to register.  Clarifies how persons required to register can petition to terminate registration.  (SD1)

 

JHA, CPC

SB1102

RELATING TO MIXED MARTIAL ARTS.

Allows mixed martial arts promoters to pay fighters with cash.

 

CPC, FIN

SB1103

RELATING TO THE PEER REVIEW OVERSIGHT COMMITTEE.

Clarifies the role of the Board of Public Accountancy in selecting members to serve on the Board's Peer Review Oversight Committee.

 

CPC, FIN

SB1150, SD1

RELATING TO SKILLED NURSING FACILITY LICENSING.

Authorizes the Department of Health to recognize national accreditation or certification organizations.  (SD1)

 

HHH, CPC

SB1191, SD1

RELATING TO THE ELECTRONIC PRESCRIPTION ACCOUNTABILITY SYSTEM.

Updates chapter 329, Hawaii Revised Statutes, to clarify who may access information stored in the electronic prescription accountability system.  (SD1)

 

HHH, CPC

SB1192, SD1

RELATING TO THE ELECTRONIC PRESCRIPTION ACCOUNTABILITY SYSTEM.

Amends section 329-101(b) and (d), Hawaii Revised Statutes, to require that the dispensing of a pharmacist-prescribed opioid antagonist be reported to the State's Electronic Prescription Accountability System.  (SD1)

 

HHH, CPC

SB1220, SD1

RELATING TO CRIMINAL HISTORY RECORD CHECKS.

Adds the University of Hawaii to the list of agencies that are authorized to conduct criminal history record checks on current or prospective employees, whose positions or duties are related to the security of campus facilities and persons.  (SD1)

 

LAT, JHA, FIN

SB1225, SD1

RELATING TO THE UNIVERSITY OF HAWAII BOARD OF REGENTS INDEPENDENT AUDIT COMMITTEE.

Allows the chairperson of the Independent Audit Committee (IAC) of the University of Hawaii Board of Regents to be selected in a manner consistent with its bylaws.  Clarifies that the responsibility of the IAC as to the University's enterprise risk management is to oversee, rather than engage in the pertinent operations.  Exempts from chapter 91 and part I of chapter 92, Hawaii Revised Statutes, discussions between the IAC and internal or external auditors on matters that should remain confidential in accordance with nationally recognized best practices for independent audit committees.  Allows the IAC chairperson to determine whether IAC discussions that are exempt from chapter 91 and part I of chapter 92, Hawaii Revised Statutes, may be held without the presence of the President or the Chief Financial Officer of the University.  (SD1)

 

HET, JHA

SB1258, SD1

RELATING TO TELEHEALTH.

Allows for standard telephone contacts for telehealth purposes.  Effective 7/1/50.  (SD1)

 

HHH, CPC, FIN

SB1287

RELATING TO THE FOOD SERVICES BRANCH.

Requires the department of education food services branch to coordinate with the principals and vice principals of department schools to determine which school meal program offered by the USDA is the best fit for the student body and campus of each school.

 

AGR, EDN, FIN

SB1291, SD1

RELATING TO TRANSPORTATION.

Includes autocycles equipped with handlebars in the definition of motorcycle in the Hawaii Safety Act.  Exempts motorcycles and motor scooters with a roll bar, roll cage, or fully enclosed cabs from the safety helmet requirement.  (SD1)

 

TRN, CPC

SB1384

RELATING TO EDUCATION.

Provides that the prohibition against serving two consecutive terms not to exceed eight consecutive years pursuant to section 26-34(a), Hawaii Revised Statutes, shall not apply to the representative of Hawaiian medium early learning providers' term limit. Repeals on June 30, 2025.

 

EDN, FIN