SB296 SD1

SECTION 1. The purpose of this Act is to clarify reporting requirements by explicitly stating deadlines for certain reports and other documents.

SECTION 2. Section 6E-3, Hawaii Revised Statutes, is amended to read as follows:

"§6E-3 Historic preservation program. There is established within the department a division to administer a comprehensive historic preservation program, which shall include but not be limited to the following:

(1) Development of an ongoing program of historical, architectural, and archaeological research and development, including surveys, excavations, scientific recording, interpretation, signage, and publications on the State's historical and cultural resources;

(2) Acquisition of historic or cultural properties, real or personal, in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means; preservation, restoration, administration, or transference of the property; and the charging of reasonable admissions to that property;

(3) Development of a statewide survey and inventory to identify and document historic properties, aviation artifacts, and burial sites, including all those owned by the State and the counties;

(4) Preparation of information for the Hawaii register of historic places and listing on the national register of historic places;

(5) Preparation, review, and revisions of a state historic preservation plan, including budget requirements and land use recommendations;

(6) Application for and receipt of gifts, grants, technical assistance, and other funding from public and private sources for the purposes of this chapter;

(7) Provision of technical and financial assistance to the counties and public and private agencies involved in historic preservation activities;

(8) Coordination of activities of the counties in accordance with the state plan for historic preservation;

(9) Stimulation of public interest in historic preservation, including the development and implementation of interpretive programs for historic properties listed on or eligible for the Hawaii register of historic places;

(10) Coordination of the evaluation and management of burial sites as provided in section 6E-43;

(11) Acquisition of burial sites in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means, to be held in trust;

(12) Submittal of [~~an annual~~] a report to the governor and legislature no later than twenty days prior to the convening of each regular session detailing the accomplishments of the year, recommendations for changes in the state plan or future programs relating to historic preservation, and an accounting of all income, expenditures, and the fund balance of the Hawaii historic preservation special fund;

(13) Regulation of archaeological activities throughout the State;

(14) Employment of sufficient professional and technical staff for the purposes of this chapter which shall be in accordance with chapter 76;

(15) The charging of fees to be determined by the department that are proportional to the nature and complexity of the projects or services provided, and adjusted from time to time to ensure that the proceeds, together with all other fines, income, and penalties collected under this chapter, do not surpass the annual operating costs of the comprehensive historic preservation program;

(16) Adoption of rules in accordance with chapter 91, necessary to carry out the purposes of this chapter; and

(17) Development and adoption, in consultation with the office of Hawaiian affairs native historic preservation council, of rules governing permits for access by native Hawaiians and Hawaiians to cultural, historic, and pre-contact sites and monuments."

SECTION 3. Section 21F-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The purpose of the office of the legislative analyst shall be:

(1) To provide the legislature with research and analysis of current and projected state revenues and expenditures;

(2) To provide the legislature with a report no later than twenty days prior to the convening of each regular session analyzing the governor's proposed levels of revenue and expenditures for biennial budgets submitted under chapter 37 as well as other supplemental budget submittals to the legislature by the governor;

(3) To provide an analysis of the impact of the governor's proposed revenue and expenditure plans for the next biennium;

(4) To conduct research matters of economic and fiscal policy and to report to the legislature on the result of the research;

(5) To provide economic reports and studies no later than twenty days prior to the convening of each regular session on the state of the State's economy, including trends and forecasts for consideration by the legislature;

(6) To conduct budget and tax studies and provide general fiscal and budgetary information;

(7) To review and make recommendations on the operation of state programs in order to appraise the implementation of state laws regarding the expenditure of funds and to recommend means of improving their efficiency; and

(8) To recommend to the legislature changes in the mix of revenue sources for programs, in the percentage of state expenditures devoted to major programs, and in the role of the legislature in overseeing state government expenditures and revenue projections."

SECTION 4. Section 23-51, Hawaii Revised Statutes, is amended to read as follows:

"§23-51 Proposed mandatory health insurance coverage; impact assessment report. Before any legislative measure that mandates health insurance coverage for specific health services, specific diseases, or certain providers of health care services as part of individual or group health insurance policies, can be considered, there shall be concurrent resolutions passed requesting the auditor to prepare and submit to the legislature a report no later than twenty days prior to the convening of the next regular session that assesses both the social and financial effects of the proposed mandated coverage. The concurrent resolutions shall designate a specific legislative bill that:

(1) Has been introduced in the legislature; and

(2) Includes, at a minimum, information identifying the:

(A) Specific health service, disease, or provider that would be covered;

(B) Extent of the coverage;

(D) Limits on utilization, if any; and

(E) Standards of care.

For purposes of this part, mandated health insurance coverage shall not include mandated optionals."

SECTION 5. Section 23G-20, Hawaii Revised Statutes, is amended to read as follows:

"§23G-20 Continuous statutory revision. The revisor of statutes shall conduct a systematic and continuing study of the laws of Hawaii for the purpose of reducing their number and bulk, removing inconsistencies, redundancies, unnecessary repetitions and otherwise improving their clarity. For these purposes the revisor shall:

(1) Prepare and submit a report to the legislature[,] no later than twenty days prior to the convening of each regular session [~~thereof, a report as to~~] on the defects in the laws and statutes of Hawaii, and draft in the form of bills and resolutions proposed legislation to carry out the recommendations contained in the report;

(2) Prepare for submission to the legislature, from time to time, a rewriting and revision, either complete, partial, or topical of the laws of Hawaii."

SECTION 6. Section 26H-6, Hawaii Revised Statutes, is amended to read as follows:

"§26H‑6 New regulatory measures. New regulatory measures being considered for enactment that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls shall be referred to the auditor for analysis. Referral shall be by concurrent resolution that identifies a specific legislative bill to be analyzed. The analysis required by this section shall set forth the probable effects of the proposed regulatory measure and assess whether its enactment is consistent with the policies set forth in section 26H‑2. The analysis also shall assess alternative forms of regulation. The auditor shall submit each report of analysis to the legislature[.] no later than twenty days prior to the convening of the next regular session."

SECTION 7. Section 27-53, Hawaii Revised Statutes, is amended to read as follows:

"[[]§27-53[]] Annual report. The board shall prepare an annual report on progress towards key community outcomes adopted by the legislature, which shall be transmitted to the governor[,] and the legislature[,] and made available to the public[.] no later than twenty days prior to the convening of each regular session."

SECTION 8. Section 29-2, Hawaii Revised Statutes, is amended to read as follows:

"§29-2 Powers and duties. The coordinator shall:

(1) Provide a mechanism by which federal, state, and local agencies can coordinate their plans, policies, and activities;

(2) Create congressional awareness and understanding of the needs and potentials of the State;

(3) Encourage and advise state departments, universities or other appropriate state and local agencies in Hawaii of the availability of and the requirements of federal grants;

(4) Advise and provide necessary factual data to Congress and our congressional delegation;

(5) Recommend to the governor and the administration the types and necessity of either legislative or administrative action in order that the State may avail itself of beneficial federal programs;

(6) Maintain contacts with federal, state, and local officials and agencies so that the programs of all levels of government may be coordinated;

(7) Cooperate with our congressional delegation in promoting federal legislative or administrative action which may be beneficial to Hawaii;

(8) Appear before congressional committees in support of or in opposition to legislation which affects Hawaii;

(9) Perform such other services as may be required by the governor and the legislature;

(10) Administer funds allocated to this office; be authorized to accept, disburse, and allocate funds which may become available from other governmental units; provided that all the funds shall be disbursed or allocated in compliance with any specific designation stated by the donating governmental unit and in the absence of specific designation, the funds shall be disbursed or allocated on projects directly benefiting the people of the State in accordance with this part; and

(11) Submit to the governor and legislature reports as requested and no later than twenty days prior to the convening of each regular session submit an annual report with recommendations to the governor and the legislature."

SECTION 9. Section 36-6, Hawaii Revised Statutes, is amended to read as follows:

"§36-6 Report to legislature. The director of finance shall [~~make an annual~~] submit a report to the legislature [of] no later than twenty days prior to the convening of each regular session on the transactions and business of the director's department, showing the revenue and expenditure for the preceding year, and giving a full and detailed estimate of the revenue and expenditure for the succeeding year."

SECTION 10. Section 40-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The comptroller shall make an annual report to the governor and to the legislature[.] no later than twenty days prior to the convening of each regular session. Beginning July 1, 2022, the comptroller shall include in the comptroller's annual report a list of all accounts closed by the comptroller during the immediately preceding fiscal year and a list of any accounts that remain open but are serving a lapsed program or initiative."

SECTION 11. Section 48-6, Hawaii Revised Statutes, is amended to read as follows:

"§48-6 Annual report. [~~The~~] No later than twenty days prior to the convening of each regular session, the department of business, economic development, and tourism shall make an annual report to the governor and the legislature, including recommendations to further the purposes of this chapter."

SECTION 12. Section 87A-25, Hawaii Revised Statutes, is amended to read as follows:

"[[]§87A-25[]] Other duties. The board shall:

(1) Authorize charges and payments from the fund only upon vouchers countersigned by the chairperson and any other person designated by the board;

(2) Maintain accurate records and accounts of all financial transactions of the fund that shall be audited annually and summarized in [~~an annual~~] a report submitted to the governor and legislature[;] no later than twenty days prior to the convening of each regular session;

(3) Maintain suitable and adequate records and provide information requested by State and county employers as necessary to carry out the purpose of the fund;

(4) Procure fiduciary liability insurance and error and omissions coverage for all trustees; and

(5) Procure a fidelity bond of a reasonable amount for the chairperson and any other person authorized to handle fund moneys."

SECTION 13. Section 88-119, Hawaii Revised Statutes, is amended to read as follows:

"§88-119 Investments. Investments may be made in:

(1) Real estate loans and mortgages. Obligations (as defined in section 431:6-101) of any of the following classes:

(A) Obligations secured by mortgages of nonprofit corporations desiring to build multirental units (ten units or more) subject to control of the government for occupancy by families displaced as a result of government action;

(B) Obligations secured by mortgages insured by the Federal Housing Administration;

(C) Obligations for the repayment of home loans made under the Servicemen's Readjustment Act of 1944 or under Title II of the National Housing Act;

(D) Other obligations secured by first mortgages on unencumbered improved real estate owned in fee simple; provided that the amount of the obligation at the time investment is made therein shall not exceed eighty per cent of the value of the real estate and improvements mortgaged to secure it, and except that the amount of the obligation at the time investment is made therein may exceed eighty per cent but no more than ninety per cent of the value of the real estate and improvements mortgaged to secure it; provided further that the obligation is insured or guaranteed against default or loss under a mortgage insurance policy issued by a casualty insurance company licensed to do business in the State. The coverage provided by the insurer shall be sufficient to reduce the system's exposure to not more than eighty per cent of the value of the real estate and improvements mortgaged to secure it. The insurance coverage shall remain in force until the principal amount of the obligation is reduced to eighty per cent of the market value of the real estate and improvements mortgaged to secure it, at which time the coverage shall be subject to cancellation solely at the option of the board. Real estate shall not be deemed to be encumbered within the meaning of this subparagraph by reason of the existence of any of the restrictions, charges, or claims described in section 431:6‑308;

(E) Other obligations secured by first mortgages of leasehold interests in improved real estate; provided that:

(i) Each leasehold interest at the time shall have a current term extending at least two years beyond the stated maturity of the obligation it secures; and

(ii) The amount of the obligation at the time investment is made therein shall not exceed eighty per cent of the value of the respective leasehold interest and improvements, and except that the amount of the obligation at the time investment is made therein may exceed eighty per cent but no more than ninety per cent of the value of the leasehold interest and improvements mortgaged to secure it;

provided further that the obligation is insured or guaranteed against default or loss under a mortgage insurance policy issued by a casualty insurance company licensed to do business in the State. The coverage provided by the insurer shall be sufficient to reduce the system's exposure to not more than eighty per cent of the value of the leasehold interest and improvements mortgaged to secure it. The insurance coverage shall remain in force until the principal amount of the obligation is reduced to eighty per cent of the market value of the leasehold interest and improvements mortgaged to secure it, at which time the coverage shall be subject to cancellation solely at the option of the board;

(F) Obligations for the repayment of home loans guaranteed by the department of Hawaiian home lands pursuant to section 214(b) of the Hawaiian Homes Commission Act, 1920; and

(G) Obligations secured by second mortgages on improved real estate for which the mortgagor procures a second mortgage on the improved real estate for the purpose of acquiring the leaseholder's fee simple interest in the improved real estate; provided that any prior mortgage shall not contain provisions that might jeopardize the security position of the retirement system or the borrower's ability to repay the mortgage loan.

The board may retain or dispose of the real estate, including leasehold interests therein, as it may acquire by foreclosure of mortgages or in enforcement of security, or as may be conveyed to it in satisfaction of debts previously contracted in the same manner as other investments in interest in real property authorized by this section;

(2) Government obligations, etc. Obligations of any of the following classes:

(A) Obligations issued or guaranteed as to principal and interest by the United States or by any state thereof or by any municipal or political subdivision or school district of any of the foregoing; provided that principal of and interest on the obligations are payable in currency of the United States; or sovereign debt instruments issued by agencies of, or guaranteed by foreign governments;

(B) Revenue bonds, whether or not permitted by any other provision hereof, of the State or any municipal or political subdivision thereof, including the board of water supply of the city and county of Honolulu, and street or improvement district bonds of any district or project in the State; and

(C) Obligations issued or guaranteed by any federal home loan bank, including consolidated federal home loan bank obligations, the Home Owner's Loan Corporation, the Federal National Mortgage Association, or the Small Business Administration;

(3) Corporate obligations. Below investment grade or nonrated debt instruments, foreign or domestic, in accordance with investment guidelines adopted by the board;

(4) Preferred and common stocks. Shares of preferred or common stock of any corporation created or existing under the laws of the United States or of any state or district thereof or of any country;

(5) Obligations eligible by law for purchase in the open market by federal reserve banks;

(6) Obligations issued or guaranteed by the International Bank for Reconstruction and Development, the Inter‑American Development Bank, the Asian Development Bank, or the African Development Bank;

(7) Obligations secured by collateral consisting of any of the securities or stock listed above and worth at the time the investment is made at least fifteen per cent more than the amount of the respective obligations;

(8) Insurance company obligations. Contracts and agreements supplemental thereto providing for participation in one or more accounts of a life insurance company authorized to do business in Hawaii, including its separate accounts, and whether the investments allocated thereto are comprised of stocks or other securities or of real or personal property or interests therein;

(9) Interests in real property. Interests in improved or productive real property in which, in the informed opinion of the board, it is prudent to invest funds of the system. For purposes of this paragraph, "real property" includes any property treated as real property either by local law or for federal income tax purposes. Investments in improved or productive real property may be made directly or through pooled funds, including common or collective trust funds of banks and trust companies, group or unit trusts, limited partnerships, limited liability companies, investment trusts, title-holding corporations recognized under section 501(c) of the Internal Revenue Code of 1986, as amended, similar entities that would protect the system's interest, and other pooled funds invested on behalf of the system by investment managers retained by the system;

(10) Other securities and futures contracts. Securities and futures contracts in which in the informed opinion of the board, it is prudent to invest funds of the system, including currency, interest rate, bond, and stock index futures contracts and options on the contracts to hedge against anticipated changes in currencies, interest rates, and bond and stock prices that might otherwise have an adverse effect upon the value of the system's securities portfolios; covered put and call options on securities; and stock; whether or not the securities, stock, futures contracts, or options on futures are expressly authorized by or qualify under the foregoing paragraphs, and notwithstanding any limitation of any of the foregoing paragraphs (including paragraph (4)); and

(11) Private placements. Investments in institutional blind pool limited partnerships, limited liability companies, or direct investments that make private debt and equity investments in privately held companies, including but not limited to investments in Hawaii high technology businesses or venture capital investments that, in the informed opinion of the board, are appropriate to invest funds of the system. In evaluating venture capital investments, the board shall consider, among other things, the impact an investment may have on job creation in Hawaii and on the state economy. The board shall [~~report annually~~] submit a report to the legislature no later than twenty days prior to the convening of each regular session on any Hawaii venture capital investments it has made; provided that if the board determines it is not prudent to invest in any Hawaii venture capital investments the board shall report the rationale for the decision. The board, by January 1, 2008, shall develop criteria to determine the amount of funds that may be prudently invested in Hawaii private placement investments."

SECTION 14. Section 92F-42, Hawaii Revised Statutes, is amended to read as follows:

"§92F-42 Powers and duties of the office of information practices. The director of the office of information practices:

(1) Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter;

(2) Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;

(3) Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;

(4) May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;

(5) May examine the records of any agency for the purpose of paragraphs (4) and (18) and seek to enforce that power in the courts of this State;

(6) May recommend disciplinary action to appropriate officers of an agency;

(7) Shall submit a report [~~annually~~] to the governor and the [~~state~~] legislature no later than twenty days prior to the convening of each regular session on the activities and findings of the office of information practices, including recommendations for legislative changes;

(8) Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;

(9) Shall review the official acts, records, policies, and procedures of each agency;

(10) Shall assist agencies in complying with the provisions of this chapter;

(11) Shall inform the public of the following rights of an individual and the procedures for exercising them:

(A) The right of access to records pertaining to the individual;

(B) The right to obtain a copy of records pertaining to the individual;

(D) The right to be informed of the uses and disclosures of records pertaining to the individual;

(E) The right to correct or amend records pertaining to the individual; and

(F) The individual's right to place a statement in a record pertaining to that individual;

(12) Shall adopt rules that set forth an administrative appeals structure which provides for:

(A) Agency procedures for processing records requests;

(B) A direct appeal from the division maintaining the record; and

(13) Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;

(14) Shall adopt rules which set forth uniform standards for the records collection practices of agencies;

(15) Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;

(16) Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question;

(17) Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and

(18) Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:

(A) Receiving and resolving complaints;

(B) Advising all government boards and the public about compliance with chapter 92; and

SECTION 15. Section 96-16, Hawaii Revised Statutes, is amended to read as follows:

"§96-16 Annual report. The ombudsman shall submit an annual report to the legislature and the public [~~an annual report~~] no later than twenty days prior to the convening of each regular session discussing the ombudsman's activities under this chapter."

SECTION 16. Section 121-10, Hawaii Revised Statutes, is amended to read as follows:

"§121-10 Administration. The adjutant general shall from time to time make and publish such orders and regulations, not inconsistent with law, as are necessary to bring the organization, armament, equipment, and discipline of the organized militia to a state of efficiency as nearly as possible approaching that of the army and air force of the United States. The adjutant general shall attest all commissions issued to military officers, appointments issued to warrant officers, maintain personnel records, superintend preparation of all letters and reports required by the United States from the State. The adjutant general shall have charge of the state military reservations, armories, and all other property of the State kept or used for military purposes. The adjutant general shall take an inventory at least once each year of all military stores, property, and funds under the adjutant general's jurisdiction. The adjutant general shall be the official custodian of the military records of all persons from the State who served in the armed forces of the United States during times of war or grave national emergency, including those records which are turned over to the State by the federal agency of selective service. The records shall be preserved perpetually in accordance with rules and regulations established by the adjutant general.

The adjutant general shall [~~make an annual report of~~] submit a report to the legislature no later than twenty days prior to the convening of each regular session on the operations of the adjutant general's department."

SECTION 17. Section 121-44, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) The department shall maintain records of each gift, the essential facts of gift management, details relating to expenditures of all money made pursuant to this section, and the current disposition, use, and condition of each gift held by the department. This information shall be compiled and reported [~~annually~~] to the legislature and the governor[,] no later than twenty days prior to the convening of each regular session and shall be made available to the general public free of charge."

SECTION 18. Section 128D-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]§128D-13[]] Reporting requirements. [~~The~~] No later than twenty days prior to the convening of each regular session, the department shall submit to the legislature [~~an annual~~] a report, including a comprehensive budget to implement remedial action plans requiring funding by the environmental response revolving fund. This report shall identify those sites eligible for remedial action under CERCLA, including a statement as to any appropriation that may be necessary to pay the State's share of the plan."

SECTION 19. Section 138-6, Hawaii Revised Statutes, is amended to read as follows:

"§138-6 Report to the legislature. The board shall submit [~~an annual~~] a report to the legislature[~~, including:~~]

no later than twenty days prior to the convening of each regular session. The report shall include:

(1) The total aggregate surcharge collected by the State in the last fiscal year;

(2) The amount of disbursement from the fund;

(3) The recipient of each disbursement and a description of the project for which the money was disbursed;

(4) The conditions, if any, placed by the board on disbursements from the fund;

(5) The planned expenditures from the fund in the next fiscal year;

(6) The amount of any unexpended funds carried forward for the next fiscal year;

(7) A cost study to guide the legislature towards necessary adjustments to the fund and the monthly surcharge; and

(8) A status report of jurisdictional capabilities for enhanced 911 services, including public safety answering points and communications service providers."

SECTION 20. Section 141-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The chairperson of the board of agriculture shall consult and coordinate with the chief energy officer of the Hawaii state energy office under chapter 196 to establish milestones and objectives for the production of energy feedstock that is grown in the State. The chairperson and the chief energy officer of the Hawaii state energy office shall report the State's progress toward meeting [~~such~~] the milestones and objectives [~~annually~~] to the legislature[.] no later than twenty days prior to the convening of each regular session."

SECTION 21. Section 195F-6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) The board shall submit [~~annually~~] a detailed report to the governor and legislature no later than twenty days prior to the convening of each regular session that shall:

(1) Identify management objectives that have been completed on privately managed forest lands resulting from payments made pursuant to section 195F-4(a)(1) and provide an analysis of problems and issues encountered in meeting or failing to meet objectives as set forth in the management plans;

(2) Identify all reforestation, forest management, education, and training objectives that have been completed as a result of any expenditures made pursuant to section 195F-4(a)(2);

(3) Describe the financial condition of the fund, including receipts and expenditures from the previous fiscal year; and

(4) Set forth plans and management objectives for the next fiscal year."

SECTION 22. Section 196D-11, Hawaii Revised Statutes, is amended to read as follows:

"[[]§196D-11[]] Annual report. The department shall submit [~~an annual~~] a report to the governor and the legislature no later than twenty days prior to the convening of each regular session on its work during the preceding year, the development status of the project, any problems encountered, and any legislative actions that may be needed further to improve the consolidated permit application and review process and implement the intent of this chapter."

SECTION 23. Section 198D-9, Hawaii Revised Statutes, is amended to read as follows:

"§198D-9 Other powers and duties of department. The department:

(1) May establish signing and design standards for classifications of trails and accesses;

(2) Shall establish advisory councils to solicit advice and assistance in the implementation of the trail and access program. The appointment of members to advisory councils shall be made by the department. If advisory councils are established, the members of the advisory councils shall serve part-time and shall not be compensated for official duties performed. Advisory councils may be established on regional, islandwide, countywide, or statewide bases. The statewide council shall include representatives of motorized as well as nonmotorized trail users;

(3) Shall serve as the centralized information agency for matters relating to the trail and access program;

(4) Shall coordinate its activities under this chapter, including its compilation of the inventories and classifications of trails and accesses, with other public agencies;

(5) Shall advise and, when able, assist other public agencies in the development, construction, operation, maintenance, and regulation of trails and accesses under the other agencies' jurisdiction;

(6) Shall advocate before the legislature, governor, and public agencies, for the implementation of the trail and access program; and

(7) Shall submit [~~an annual~~] a report to the governor and legislature no later than twenty days prior to the convening of each regular session on activities engaged in under this chapter; provided that the [~~annual~~] report shall include a comprehensive description of the status of the trail and access program and the financial information specified in section 198D-2(b)."

SECTION 24. Section 200D-5, Hawaii Revised Statutes, is amended to read as follows:

"§200D-5 Annual report. The council shall submit [~~an annual~~] a report on its activities to the governor and the legislature[~~, which~~] no later than twenty days prior to the convening of each regular session. The report may include recommendations; provided that the recommendations are consistent with the purposes of this chapter."

SECTION 25. Section 201-16, Hawaii Revised Statutes, is amended to read as follows:

"[[]§201-16[]] Annual report; workforce development. The department of business, economic development, and tourism shall submit [~~an annual~~] a report to the legislature no later than twenty days prior to the convening of each regular session on the department's efforts to increase the number of high-skilled jobs in targeted industry clusters consistent with the efforts of the workforce development council. The department of business, economic development, and tourism shall post the [~~annual~~] report electronically on the Internet."

SECTION 26. Section 201-18, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) The department shall provide [~~an annual~~] a report to the governor and the legislature no later than twenty days prior to the convening of each regular session describing all transactions and activities involved in the administration of the brownfields cleanup revolving loan fund."

SECTION 27. Section 201-84, Hawaii Revised Statutes, is amended to read as follows:

"§201-84 Annual report. The department of business, economic development, and tourism shall submit [~~an annual~~] a report to the legislature no later than twenty days prior to the convening of each regular session on the operations of its out‑of‑state offices. For each out-of-state office, the report shall describe and include, but not be limited to:

(1) The programs developed to reach targeted companies or industries in the respective area or surrounding region, and the result of these programs;

(2) The major out-of-state government policies and regulations affecting business and economic development in Hawaii;

(3) The major advertising efforts, promotional events, media coverage, and educational programs developed and conducted regarding business opportunities in the State; and

(4) An expenditure report which shall include a detailed description of expenditures involving staffing and contracted personal services."

SECTION 28. Section 201B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The authority may enter into contracts and agreements that include the following:

(1) Tourism promotion, marketing, and development;

(2) Market development-related research;

(3) Product development and diversification issues focused on visitors;

(4) Promotion, development, and coordination of sports‑related activities and events;

(5) Promotion of Hawaii, through a coordinated statewide effort, as a place to do business, including high technology business, and as a business destination;

(6) Reduction of barriers to travel;

(7) Marketing, management, use, operation, or maintenance of the convention center facility, including the purchase or sale of goods or services, logo items, concessions, sponsorships, and license agreements, or any use of the convention center facility as a commercial enterprise; provided that effective January 1, 2020, and thereafter, contracts issued pursuant to this paragraph for the marketing of all uses of the convention center facility may be issued separately from the management, use, operation, or maintenance of the facility;

(8) Tourism research and statistics to:

(A) Measure and analyze tourism trends;

(B) Provide information and research to assist in the development and implementation of state tourism policy; and

(i) Visitor arrivals, visitor characteristics, and expenditures;

(ii) The number of transient accommodation units available, occupancy rates, and room rates;

(iii) Airline-related data including seat capacity and number of flights;

(iv) The economic, social, and physical impacts of tourism on the State; and

(v) The effects of the marketing programs of the authority on the measures of effectiveness developed pursuant to section 201B-6(b); and

(9) Any and all other activities necessary to carry out the intent of this chapter;

provided that no later than twenty days prior to the convening of each regular session, the authority shall [~~periodically~~] submit a report of the contracts and agreements entered into by the authority to the governor, the speaker of the house of representatives, and the president of the senate."

SECTION 29. Section 202-10, Hawaii Revised Statutes, is amended to read as follows:

"[[]§202-10[]] Report on workforce development programs. The department of labor and industrial relations, University of Hawaii, department of human services, department of education, department of public safety, and department of business, economic development, and tourism shall [~~annually~~] submit a report to the governor, legislature, and the workforce development council no later than twenty days prior to the convening of each regular session on the programs being offered, the number of individuals that have been placed in employment through their respective workforce development programs, the type or category of employment garnered, and the amount and nature of expenditures made on workforce development programs. The departments and University of Hawaii shall post their respective reports electronically on the Internet."

SECTION 30. Section 205A-3, Hawaii Revised Statutes, is amended to read as follows:

"§205A-3 Lead agency. The lead agency shall:

(1) Receive, disburse, use, expend, and account for all funds that are made available by the United States and the State for the coastal zone management program;

(2) Provide support and assistance in the administration of the coastal zone management program;

(3) Review federal programs, federal permits, federal licenses, and federal development proposals for consistency with the coastal zone management program;

(4) Consult with the counties and the public in preparing guidelines to further specify and clarify the objectives and policies of this chapter to be submitted twenty days prior to the convening of any regular session of the legislature for review, modification, or enactment by the legislature;

(5) Conduct a continuing review of the administration of the coastal zone management program and of the compliance of state and county agencies with the objectives and policies of this chapter;

(6) Facilitate public participation in the coastal zone management program, including the maintenance of a public advisory body to identify coastal management problems and to provide policy advice and assistance to the lead agency;

(7) Prepare and periodically update a plan for use of coastal zone management funds to resolve coastal problems and issues that are not adequately addressed by existing laws and rules;

(8) Advocate agency compliance with chapter 205A;

(9) Monitor the coastal zone management-related enforcement activities of the state and county agencies responsible for the administration of the objectives and policies of this chapter;

(10) [~~Prepare an annual~~] Submit a report to the governor and the legislature no later than twenty days prior to the convening of each regular session which shall include recommendations for enactment of any legislation necessary to require any agency to comply with the objectives and policies of this chapter and any guidelines enacted by the legislature; and

(11) Coordinate the implementation of the ocean resources management plan."

SECTION 31. Section 206-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"[[](a)[]] The board of land and natural resources shall submit to the legislature [at] no later than twenty days prior to the convening of each regular session estimates of the amount of the administrative expenses and overhead of the board for the succeeding annual period for the purpose of this chapter so that the legislature may make an appropriation therefor if it deems the action advisable."

SECTION 32. Section 211D-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department shall submit to the legislature [~~an annual~~] a status report on the program's activities[.] no later than twenty days prior to the convening of each regular session."

SECTION 33. Section 235-55.75, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) The director of taxation:

(1) Shall prepare any forms necessary to claim a tax credit under this section;

(2) May require proof of the claim for the tax credit;

(3) Shall alert eligible taxpayers of the tax credit using appropriate and available means;

(4) Shall [~~prepare an annual~~] submit a public report to the legislature and the governor no later than twenty days prior to the convening of each regular session containing the:

(A) Number of credits granted for the prior calendar year;

(B) Total amount of the credits granted; and

(5) May adopt rules pursuant to chapter 91 to effectuate this section."

SECTION 34. Section 256B-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The director shall implement and administer the program under the terms and conditions established by this chapter and in conformity with federal law including the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014, Division B of P.L. 113-295, as it may be amended. The director shall have the authority and responsibility to:

(1) Develop and implement the program in a manner consistent with this chapter;

(2) Engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;

(3) Seek rulings and other guidance from the Secretary and the Internal Revenue Service relating to the program;

(4) Make any changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by section 529A of the Internal Revenue Code of 1986, as amended;

(5) Charge, impose, and collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the program;

(6) Develop marketing plans and promotional material;

(7) Establish the methods by which the funds held in accounts shall be dispersed;

(8) Establish the method by which funds shall be allocated to pay for administrative costs;

(9) Conduct an annual evaluation of the program and prepare [~~an annual~~] a report of the evaluation to be submitted to the governor and the legislature[;] no later than twenty days prior to the convening of each regular session;

(10) Notify the Secretary when an account has been opened for a designated beneficiary and submit other reports concerning the program required by the Secretary;

(11) Do all things necessary and proper to carry out the purposes of this chapter; and

(12) Adopt rules pursuant to chapter 91 as necessary for the purposes of this chapter."

SECTION 35. Section 279A-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§279A-6 Work program.[]] (a) The state department of transportation shall formulate a detailed work program through which the statewide transportation plan mandated by this chapter shall be developed. The work program shall be approved by the council no later than September 1, 1975. The council shall report thereafter [~~annually~~] to the legislature no later than twenty days prior to the convening of each regular session on the progress that has been made to date as measured against the work plan.

(b) The work program shall provide for a systematic planning interface among the ongoing planning activities of the counties, the state department of transportation, and the council itself. The work program shall include specific target dates for the provision of identified planning inputs from the responsible state and county functional agencies into the statewide planning process. In determining this schedule, the council shall solicit from the counties their present transportation planning schedules for intra-county systems, and the council's work program shall reflect the counties' existing work product schedule and planning cycles."

SECTION 36. Section 302A-450, Hawaii Revised Statutes, is amended to read as follows:

"§302A-450 Public prekindergarten classrooms; annual report to the legislature. The department shall submit to the legislature [~~an annual~~] a report no later than twenty days prior to the convening of each regular session regarding special education and Title I-funded prekindergarten programs, to include, as related to each type of program:

(1) The number and location of classrooms;

(2) Numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken;

(3) Sources of funding for each classroom;

(4) Quality of teacher-child interactions relating to social emotional support, classroom structure, and quality of learning experiences, as assessed using a formative assessment tool; and

(5) Child outcomes relating to all areas of childhood development and learning, including cognitive, linguistic, social, and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool."

SECTION 37. Section 302A-803, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to establishing standards for the issuance and renewal of licenses and certificates and any other powers and duties authorized by law, the board's powers shall also include:

(1) Setting and administering its own budget;

(2) Adopting, amending, or repealing the rules of the board in accordance with chapter 91;

(3) Receiving grants or donations from private foundations, and state and federal funds;

(4) Submitting [~~an annual~~] a report to the governor, the legislature, and the board of education no later than twenty days prior to the convening of each regular session on the board's operations and expenditures, and from the 2007-2008 school year, submitting a summary report every five years no later than twenty days prior to the convening of the next regular session of the board's accomplishment of objectives, efforts to improve or maintain teacher quality, and efforts to keep its operations responsive and efficient;

(5) Conducting a cyclical review of standards and suggesting revisions for their improvement;

(6) Establishing licensing and certification fees in accordance with chapter 91 and determining the manner by which fees are collected and subsequently deposited into the state treasury and credited to the general fund;

(7) Establishing penalties in accordance with chapter 91;

(8) Issuing, renewing, forfeiting, restoring, conditioning, revoking, suspending, and reinstating licenses and certificates;

(9) Developing criteria for a full career and technical education license, limited to career and technical education teaching assignments, allowing qualified individuals with at least an associate's degree, coursework, industry experience, and content expertise to teach;

(10) Reviewing reports from the department and commission on individuals hired on an emergency basis;

(11) Applying licensing and certification standards on a case-by-case basis and conducting licensing and certification evaluations;

(12) Preparing and disseminating teacher licensing and certification information to schools and operational personnel;

(13) Approving teacher preparation programs;

(14) Establishing policies and procedures for approving alternative pathways to teaching;

(15) Administering reciprocity agreements with other states relative to licensing;

(16) Conducting research and development on teacher licensure systems, beginning teacher programs, the assessment of teaching skills, and other related topics;

(17) Participating in efforts relating to teacher quality issues, professional development related to the board's standards, and promotion of high teacher standards and accomplished teaching;

(18) Upon declaration of a state of emergency pursuant to section 127A-14, extending the expiration date of any license, certificate, or permit until June 30 of the following school year;

(19) Adopting applicable rules and procedures;

(20) Adopting, amending, repealing, or suspending the policies and standards of the board; and

(21) Issuing and renewing an optional certificate for those who teach or intend to teach at private schools."

SECTION 38. Section 302A-1311, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1311[]] Appropriations for trust funds of the department of education. Notwithstanding any other law to the contrary, in any fiscal year, if the amount of revenues deposited into a trust fund of the department of education exceeds the amount appropriated from that fund for that year, the superintendent may approve expenditures in excess of the amount appropriated, up to the amount by which revenues for that fund exceed the appropriations from that fund for a fiscal year; provided that the department shall submit a report [~~annually~~] to the governor and the legislature no later than twenty days prior to the convening of each regular session of all expenditures in excess of each fund's appropriation for each fiscal year."

SECTION 39. Section 302A-1405, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall prepare and submit [~~an annual~~] a report to the legislature no later than twenty days prior to the convening of each regular session on the status of the federal grants revolving fund [~~to the legislature~~]. [~~The annual~~] Each report shall include but not be limited to a list of the grant applications to the federal agencies and the grant awards received."

SECTION 40. Section 302D-7, Hawaii Revised Statutes, is amended to read as follows:

"§302D-7 Authorizer reporting. Every authorizer shall be required to submit to the board and the legislature [~~an annual~~] a report no later than twenty days prior to the convening of each regular session summarizing:

(1) The authorizer's strategic vision for chartering and progress toward achieving that vision;

(2) The academic performance of all operating public charter schools overseen by the authorizer, according to the performance expectations for public charter schools set forth in this chapter, including a comparison of the performance of public charter school students with public school students statewide;

(3) The financial performance of all operating public charter schools overseen by the authorizer, according to the performance expectations for public charter schools set forth in this chapter;

(4) The status of the authorizer's public charter school portfolio, identifying all public charter schools and applicants in each of the following categories: approved (but not yet open), approved (but withdrawn), not approved, operating, renewed, transferred, revoked, not renewed, or voluntarily closed;

(5) The authorizing functions provided by the authorizer to the public charter schools under its purview, including the authorizer's operating costs and expenses detailed in annual audited financial statements that conform with generally accepted accounting principles;

(6) The services purchased from the authorizer by the public charter schools under its purview;

(7) A line-item breakdown of the federal funds received by the department and distributed by the authorizer to public charter schools under its control; and

(8) Any concerns regarding equity and recommendations to improve access to and distribution of federal funds to public charter schools."

SECTION 41. Section 302D-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In accordance with section 302D-7, every authorizer shall submit to the board and the legislature [~~an annual~~] a report[.] no later than twenty days prior to the convening of each regular session. The board shall communicate to every authorizer the requirements for the format, content, and submission of [~~the annual~~] each report."

SECTION 42. Section 302L-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302L-8[]] Public prekindergarten classrooms; annual report to the legislature. The office shall submit to the legislature [~~an annual~~] a report no later than twenty days prior to the convening of each regular session regarding State‑funded prekindergarten programs and private partnership‑funded prekindergarten programs in the public schools, except special education and Title I-funded prekindergarten programs, to include, as related to each type of program:

(1) The number and location of classrooms;

(2) Numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken;

(3) Sources of funding for each classroom;

(4) Quality of teacher-child interactions relating to social emotional support, classroom structure, and quality of learning experiences, as assessed using a formative assessment tool selected by the office; and

The department and state public charter school commission shall share data with the office necessary for the purposes of this report."

SECTION 43. Section 304A-1202, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) [~~The~~] No later than twenty days prior to the convening of each regular session, the committee shall submit [~~an annual~~] a report on its activities to the legislature and may include recommendations for legislative consideration."

SECTION 44. Section 304A-2273, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The chancellors of the community colleges shall [~~prepare an annual~~] submit a report to the legislature no later than twenty days prior to the convening of each regular session accounting for all income and expenditures of each separate account within the revolving fund."

SECTION 45. Section 311-1, Hawaii Revised Statutes, is amended by amending Article III(J), to read as follows:

"J. The commission [~~annually~~] shall [~~make~~] submit to the governor and legislature of each party state a report no later than twenty days prior to the convening of each regular session covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable."

SECTION 46. Section 311-6, Hawaii Revised Statutes, is amended to read as follows:

"§311-6 Expenditures; reports. Expenditures by commission members shall be made upon warrants issued by the state comptroller based upon vouchers approved by the governor or the governor's duly authorized representative. A report of the activities and expenses of the commission members and a proposed program for the State's continuing participation in the activities of the compact for education, including a budget request, shall be submitted by the governor to the legislature[.] no later than twenty days prior to the convening of each regular session."

SECTION 47. Section 321-63, Hawaii Revised Statutes, is amended to read as follows:

"§321-63 Director's specific duties and powers. To carry out the purposes of this part the director of health shall:

(1) Take [~~such~~] action as may be necessary[,] and authorized by law, to meet conditions prescribed for participation in all related federal dental health programs and the regulations adopted thereunder; determine qualifications of personnel requiring professional training and licenses and correlate the programs of the department with the profession and related agencies for the proper and efficient functioning of the department;

(2) Enter into cooperative arrangements with other departments, agencies, and institutions, public or private;

(3) Submit plans relating to dental health to the United States Public Health Service and make application for such federal funds as will assist in carrying out the purposes of this part;

(4) Accept on behalf of the State and deposit with the director of finance any grant, gift, or contribution from the federal government or other source made to assist in meeting the cost of carrying out the purposes of this part and expend the same for such purposes;

(5) [~~Make an annual~~] Submit a report to the legislature no later than twenty days prior to the convening of each regular session on activities and expenditures pursuant to this part, including recommendations for additional plans, measures, or legislation relating to the purposes of this part."

SECTION 48. Section 323F-21, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) The corporation and each regional system board, subject to policies established by the corporation and each regional system board, respectively, may elect to manage its own capital improvement project and funds, either directly or indirectly by contract; provided that annual reports of the project moneys are provided to the governor and legislature[.] no later than twenty days prior to the convening of each regular session."

SECTION 49. Section 329-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§329-3[]] Annual report. [~~The~~] No later than twenty days prior to the convening of each regular session, the commission shall prepare and present to the governor [~~in the month of January in each year~~] a report respecting its actions during the preceding fiscal year[~~, together with~~] and its recommendations respecting legislation, [~~copies of which reports shall be furnished by~~] which the governor shall provide to the legislature."

SECTION 50. Section 329D-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall submit a report [~~annually~~] to the governor and the legislature no later than twenty days prior to the convening of each regular session on the establishment and regulation of medical cannabis production centers and dispensaries including but not limited to the number and location of production centers and dispensaries licensed, the total licensing fees collected, the total amount of taxes collected from production centers and dispensaries, and any licensing violations determined by the department."

SECTION 51. Section 329E-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§329E-6[]] Unintentional opioid-related drug overdose; reporting. The department of health shall ascertain, document, and publish [~~an annual~~] a report no later than twenty days prior to the convening of each regular session on the number of, trends in, patterns in, and risk factors related to unintentional opioid-related drug overdose fatalities occurring each year within the State. The report shall provide information on interventions that would be effective in reducing the rate of fatal or nonfatal drug overdose."

SECTION 52. Section 333F-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The department shall keep waiting lists of all individuals who are eligible for services and supports, but for whom services and supports have not been provided for any reason, and shall report [~~annually~~] to the legislature no later than twenty days prior to the convening of each regular session on the numbers of persons waiting for services and supports and the reasons for the lack of services and supports."

SECTION 53. Section 346-29.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The department shall issue certificates of release or partial release upon satisfaction or partial satisfaction of the liens. Certificates of release or partial release of any real property lien issued by the director or the director's authorized representative shall be recorded in the bureau of conveyances. The director shall consider issuing conditional certificates of release in cases of extreme hardship as set out in rules adopted under chapter 91. The registrar shall forthwith cause the same to be indexed in the general indexes in a like manner as the original liens. No fee shall be charged for any of the recording. The liens herein provided for shall take priority over any other lien subsequently acquired or recorded except tax liens and except that, in the estate of a beneficiary, the actual funeral expenses, the expenses of the last sickness, the cost of administration of the estate, and any allowance made to the surviving spouse and children for their support during administration of the estate, shall have priority and preference over the liens herein imposed, and over any claim against an estate filed under section 346-37.

The liens shall be enforceable by the department by suit in the appropriate court or shall be enforceable as a claim against the estate of the recipient under section 346-37, having priority over all other debts except taxes, the actual funeral expenses, the expenses of last sickness, the cost of administration of the estate, and any allowance made to the surviving spouse and children for their support during administration of the estate.

The liens shall be enforceable as a claim under section 346-37 against the estate of a recipient under any circumstances if the estate is admitted to probate at the instance of any interested party.

Whenever the department is satisfied that the collection of the amount of assistance paid a recipient will not be jeopardized or that the release or waiver of the priority of the liens against the recipient's property, in whole or in part, is necessary to provide for the maintenance or support of the recipient, the recipient's spouse, or any minor or incapacitated child, it may release or waive the priority of the liens with respect to all or any part of the real property.

The recipient, the recipient's heirs, personal representatives, or assigns may discharge the liens at any time by paying the amount thereof to the department which shall execute a satisfaction thereof. The department may at its discretion compromise the collection of any such liens, but such compromise shall be made only when the recipient, the recipient's heirs, personal representatives, or assigns prove that the collection of the full amount of the liens or claim would cause undue hardship or the liens or claim are otherwise uncollectible.

The proceeds from the enforcement, payment, or compromise of the liens shall be paid into the treasury of the State. If the amount of assistance reflected by the proceeds was paid in part by federal funds, the proper portion of these funds shall be paid by the director of finance to the treasury of the United States. The director of finance shall thereupon report such payment to the department. If the federal funds are not paid directly into the treasury of the United States, these federal funds shall be credited by the director of finance to the department for expenditure for assistance without need for further appropriation.

If at any time the federal government, or any agency or instrumentality thereof, requires, as a condition to any grant of assistance, the performance of conditions inconsistent with this section, or desisting from actions provided by this section, the governor may suspend, upon a finding to that effect and to the extent of such requirement, any provisions of this section to the end that such federal assistance may be received.

The department shall submit [~~an annual~~] a report to the legislature[,] no later than twenty days prior to the convening of each regular session, which shall include a list of liens held by the department on real property. This report shall include but not be limited to a description of the value of the liens, the legal status of the liens, and when the liens were initiated.

The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."

SECTION 54. Section 348-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The council, after consulting with the state workforce development council, shall advise the vocational rehabilitation division of the department on eligibility, order of selection, extent, scope, and effectiveness of services provided, and performance of state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes. The council shall develop, agree to, and review state goals and priorities, advise the vocational rehabilitation division of the department regarding authorized activities, and assist in the preparation of the state plan and amendments to the plan, applications, reports, needs assessment, and evaluations. The council shall conduct a review and analysis of the effectiveness of, and consumer satisfaction with, the performance by the vocational rehabilitation division of the department, vocational rehabilitation services provided by state agencies, and other public and private entities, and employment outcomes achieved by eligible individuals receiving services, including the availability of health and other employment benefits in connection with employment outcomes. The council shall prepare and submit [~~an annual~~] a report to the governor and legislature no later than twenty days prior to the convening of each regular session on the status of vocational rehabilitation programs within the State and make the report available to the public."

SECTION 55. Section 349-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The planning and administrative services division shall engage in the following activities, including but not limited to:

(1) Preparation and submission of programs and budgets;

(2) [~~Preparation~~] Submission of an [~~annual~~] evaluation report on elder programs [~~for~~] to the governor and legislature[,] no later than twenty days prior to the convening of each regular session, which shall include a section detailing outcomes of the kupuna caregivers program, including but not limited to:

(A) Evaluation metrics;

(B) A cost breakdown and de-identified, aggregated analysis of individuals served, by county and type of service received;

(D) Consolidated data of the existing waiting list broken down by county; and

(E) Recommendations to support the implementation and execution of the program to maximize the number of caregivers served by the program;

(3) Preparation of studies and analysis;

(4) Maintenance of personnel records;

(5) Management of contracts and agreements entered into by the executive office on aging with public and private vendors, consultants, and suppliers;

(6) Monitoring the purchase of service agreements with public and private agencies and rendering technical assistance to elder program service providers; and

(7) Establishment and maintenance of reimbursement systems for services provided by agreement with federal, state, and county agencies, as well as private groups."

SECTION 56. Section 352D-6, Hawaii Revised Statutes, is amended to read as follows:

"§352D-6 Organizational structure. The office of youth services shall be composed of such divisions and sections as are deemed necessary by the director to:

(1) Provide diagnostic evaluation, treatment, and rehabilitation services for all youths referred to services provided by the office or placed in the office's custody by the family court;

(2) Provide supervision and counseling services for youth in shelter or correctional facilities under the office's jurisdiction, including community‑based facilities;

(3) Provide educational, vocational-educational, and other programs to effectively occupy the time of the youth placed in a facility under the office's jurisdiction which promote the development of self‑esteem and useful skills to prepare youths in becoming productive members of the community;

(4) Provide continuous program planning, development, and coordination of youth services, including the coordination with other government and private social service agencies that work with youths to ensure that a full-range of programs is available and that [~~such~~] the programs are consistent with the policy of this chapter and are not unnecessarily duplicative or conflicting;

(5) Provide prevention services to include a comprehensive intake/assessment and information/referral system throughout the State which shall access services to youth and their families;

(6) Provide a case management system based on the individual needs of youth which shall provide for in‑depth client assessment, appropriate service planning, and client advocacy;

(7) Provide for the implementation of chapter 352, youth correctional facilities and other needed correctional services, including ensuring that these facilities and services meet the present and future needs of youth under the jurisdiction of the youth correctional facilities;

(8) Facilitate the development of and, when appropriate, provide for training programs for persons offering services to youth at risk;

(9) Provide for technical assistance and consultation to providers and potential providers;

(10) Seek, apply for, and encourage the use of all federal funds for youth services and facilitate the coordination of federal, state, and local policies concerning services for youth;

(11) Prepare and submit [~~an annual~~] a report to the governor and the legislature[.] no later than twenty days prior to the convening of each regular session. This report shall include, but not be limited to, a review of the status of youth services within the State, recommendations for priorities for the development and coordination of youth services; and

(12) Monitor, evaluate, and audit all grants under chapter 42F, and purchase of services under chapter 103F which relate to the office of youth services."

SECTION 57. Section 353-32, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The department shall maintain records of each gift, the essential facts of the management thereof, details relating to expenditures of all moneys made pursuant to this section, and the current disposition, use, and condition of each gifted property held by the department. This information shall be compiled and transmitted [~~annually~~] to the legislature and the governor[,] no later than twenty days prior to the convening of each regular session, and shall be made available to the general public free of charge."

SECTION 58. Section 353D-7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§353D-7[]] Annual report. The agency administering the program shall [~~annually~~] submit to the department and to the legislature no later than twenty days prior to the convening of each regular session a report to include[,] but not be limited to[,] the following:

(1) A quantitative and narrative description of the services rendered;

(2) A description of the impact of the centers' services to families;

(3) A description of areas for improvement of services or coordination with other public or private agencies; and

(4) A description of the community resources which were utilized."

SECTION 59. Section 353G-13, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The department of public safety, in conjunction with the department of health, shall submit a report [~~on an annual basis~~] to the legislature and to the governor, no later than twenty days prior to the convening of each regular session, on its findings concerning the need for and implementation of the various provisions of this chapter. The report shall include information collected under subsection (a) and a synopsis of information or data necessary to determine the impact, utility, and cost-benefits of the provisions of this chapter. The report shall also include:

(1) A complete list of programs offered;

(2) The length of each program;

(3) Each program's success rate, including the percentage of participant completion in the previous two years;

(4) A description of participant criteria assessed by the program for admittance;

(5) The number of available positions with each program;

(6) The number of potential participants on waiting lists;

(7) The number of participants who do not complete the program;

(8) A summary of common reasons why participants do not complete a program; and

(9) A complete list of programs no longer offered, with explanations for termination of the programs.

The department shall also post the reports electronically on the department's website in a timely manner."

SECTION 60. Section 354D-8, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The director or a designated representative shall make regular reports, including monthly operating statements and annual finance reports. The director shall provide the [~~annual~~] operating report for the correctional industries program to the governor and the legislature[.] no later than twenty days prior to the convening of each regular session."

SECTION 61. Section 354D-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Proceeds and wages owed to a qualified, able‑bodied inmate from the sale of goods or services that were produced by the qualified, able-bodied inmate under a program authorized by this chapter shall be held in an account maintained by the department and paid:

(1) To the crime victim compensation special fund on a quarterly basis in amounts representing not less than five per cent nor more than twenty per cent of the earnings of all inmates in the State incarcerated for a violent crime listed in section 351-32; provided that these payments shall be mandatory and shall in no way relate to any claim filed under chapter 351; and provided further that the director shall submit [~~timely annual~~] reports to the legislature and the crime victim compensation commission no later than twenty days prior to the convening of each regular session on the amounts paid pursuant to this paragraph during the previous fiscal year;

(2) To support the qualified, able-bodied inmate's dependents in amounts deemed appropriate by the department after consultation with the department of human services;

(3) Into trust funds that may be established for the qualified, able-bodied inmate and shall be payable upon the inmate's release; and

(4) Into the correctional industries revolving fund, for costs incident to the qualified, able-bodied inmate's confinement in an amount determined by the department, but not to exceed twenty per cent of the proceeds and wages."

SECTION 62. Section 368-3, Hawaii Revised Statutes, is amended to read as follows:

"§368-3 Powers and functions of commission. The commission shall have the following powers and functions:

(1) To receive, investigate, and conciliate complaints alleging any unlawful discriminatory practice under part I of chapter 489, chapter 515, and part I of chapter 378, and complaints filed under this chapter, and conduct proceedings on complaints alleging unlawful practices where conciliatory efforts are inappropriate or unsuccessful;

(2) To hold hearings and make inquiries, as it deems necessary, to carry out properly its functions and powers, and for the purpose of these hearings and inquiries, to administer oaths and affirmations, conduct depositions, compel the attendance of parties and witnesses and the production of documents by the issuance of subpoenas, examine parties and witnesses under oath, require answers to interrogatories, and delegate these powers to any member of the commission or any person appointed by the commission for the performance of its functions;

(3) To commence civil action in circuit court to seek appropriate relief, including the enforcement of any commission order, conciliation agreement, or predetermination settlement;

(4) To issue the right to sue to a complainant;

(5) To order appropriate legal and equitable relief or affirmative action when a violation is found;

(6) To issue publications and results of investigations and research that, in its judgment, will tend to promote goodwill and minimize or eliminate discrimination in employment, housing, and public accommodations;

(7) To submit [~~annually~~] to the governor and the legislature a written report no later than twenty days prior to the convening of each regular session of its activities and recommendations for administrative or statutory changes required to further the purposes of this chapter;

(8) To appoint an executive director, deputy executive director, attorneys, and hearings examiners who shall be exempt from chapter 76, and investigators and other necessary support personnel who shall be subject to chapter 76. Section 28-8.3 notwithstanding, an attorney employed by the commission as a full‑time staff member may represent the commission in litigation, draft legal documents for the commission, provide other necessary legal services to the commission, and shall not be deemed to be a deputy attorney general; and

(9) To adopt rules under chapter 91."

SECTION 63. Section 371-21, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The department shall submit [~~annual reports~~] a report to the legislature no later than twenty days prior to the convening of each regular session on the activities of the k‑12 agriculture workforce development pipeline initiative."

SECTION 64. Section 371K-4, Hawaii Revised Statutes, is amended to read as follows:

"§371K-4 General duties of the office of community services. The office of community services shall:

(1) Establish statewide goals and objectives relating to disadvantaged persons, refugees, and immigrants;

(2) Study the facts concerning the needs of disadvantaged persons, refugees, and immigrants in the State through adequate research studies[~~, such~~]; provided that the research [to] shall be [~~carried on~~] conducted whenever possible through the departments or agencies of the state and county governments responsible for providing services in the fields of health, education, social welfare, employment, and related areas. Where [~~such~~] research cannot be [~~done~~] conducted within [~~such~~} those established agencies, it shall be [~~carried out~~] conducted by this office or contracted by this office;

(3) Review legislation pertaining to programs within the purview of the office and appropriations made for services to the disadvantaged, refugees, and immigrants, recommend revisions and additions needed, and report to the governor regarding [~~such~~] the legislation;

(4) Evaluate the availability, adequacy, and accessibility of all services for the disadvantaged, refugees, and immigrants within the State;

(5) Assist and coordinate the efforts of all public and private agencies providing services [~~which~~] that affect the disadvantaged, refugees, and immigrants including, without limitation to the generality of the foregoing, the department of health, the department of human services, the department of labor and industrial relations, and the department of education, and report [~~such facts~~] this information and the office's recommendations to the governor and to the legislature[.] no later than twenty days prior to the convening of each regular session. The executive heads of [~~all such~~] those departments and agencies shall make available to the office of community services [~~such~~] information as the office deems necessary for the effective discharge of its duties under this chapter;

(6) Maintain contacts with local, state, and federal officials and public and private agencies concerned with planning for the disadvantaged, refugees, and immigrants; and

(7) Encourage and foster local action in behalf of the disadvantaged, refugees, and immigrants."

SECTION 65. Section 396-11, Hawaii Revised Statutes, is amended by amending subsection (k) to read as follows:

"(k) The director shall submit [~~annual reports~~] a report to the legislature no later than twenty days prior to the convening of each regular session on the number of contests filed pursuant to this section, the disposition of each, and information indicating whether the issue involved an employee or employees of the department who failed to act within the scope of their office, employment, or authority under this chapter."

SECTION 66. Section 398-9.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The state auditor shall be provided access to the database and shall [~~prepare annual reports~~] submit a report to the legislature, the department, and the University of Hawaii center on aging[.] no later than twenty days prior to the convening of each regular session."

SECTION 67. Section 431:30-117, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) The commission shall keep complete and accurate accounts of all its internal receipts (including grants and donations) and disbursements of all funds under its control. The internal financial accounts of the commission shall be subject to the accounting procedures established under its bylaws. The financial accounts and reports, including the system of internal controls and procedures of the commission shall be audited annually by an independent certified public accountant. Upon the determination of the commission, but no less frequently than every three years, the review of such independent auditor shall include a management and performance audit of the commission. [~~The~~] No later than twenty days prior to the convening of each regular session, the commission shall [~~make~~ ~~an annual~~] submit a report to the governor and legislature [of] on the compacting states[~~, which~~] and shall include a report of [~~such~~] the independent audit. The commission's internal accounts shall not be confidential and [~~such materials~~] may be shared with the commissioner of any compacting state upon request; provided that any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential."

SECTION 68. Section 432E-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]§432E-13[]] Annual report. The commissioner shall submit [~~annually~~] a report to the legislature [~~a report that shall contain~~] no later than twenty days prior to the convening of each regular session on the number of external review hearing cases reviewed, the type of cases reviewed, a summary of the nature of the cases reviewed, and the disposition of the cases reviewed. The identities of the plan and the enrollee shall be protected from disclosure in the report."

SECTION 69. Section 467-4, Hawaii Revised Statutes, is amended to read as follows:

"§467-4 Powers and duties of commission. In addition to any other powers and duties authorized by law, the real estate commission shall:

(1) Grant licenses, registrations, and certificates pursuant to this chapter;

(2) Adopt, amend, or repeal rules as it may deem proper to effectuate this chapter and carry out its purpose, which is the protection of the general public in its real estate transactions. All rules shall be approved by the governor and the director of commerce and consumer affairs, and when adopted pursuant to chapter 91 shall have the force and effect of law. The rules may forbid acts or practices deemed by the commission to be detrimental to the accomplishment of the purpose of this chapter, and the rules may require real estate brokers and salespersons to complete educational courses or to make reports to the commission containing items of information as will better enable the commission to enforce this chapter and the rules, or as will better enable the commission from time to time to amend the rules to more fully effect the purpose of this chapter, and, further, the rules may require real estate brokers and salespersons to furnish reports to their clients containing matters of information as the commission deems necessary to promote the purpose of this chapter. This enumeration of specific matters that may properly be made the subject of rules shall not be construed to limit the commission's broad general power to make all rules necessary to fully effectuate the purpose of this chapter;

(3) Enforce this chapter and rules adopted pursuant thereto;

(4) Suspend, fine, terminate, or revoke any license, registration, or certificate for any cause prescribed by this chapter, or for any violation of the rules, and may also require additional education or reexamination, and refuse to grant any license, registration, or certificate for any cause that would be a ground for suspension, fine, termination, or revocation of a license, registration, or certificate;

(5) [~~Report~~] Submit a report to the governor and the legislature no later than twenty days prior to the convening of each regular session on relevant information that shall include but not be limited to a summary of the programs and financial information about the trust funds, including balances and budgets, through the director of commerce and consumer affairs annually, before the convening of each regular session, and at other times and in other manners as the governor or the legislature may require concerning its activities;

(6) Publish and distribute pamphlets and circulars, produce seminars and workshops, hold meetings in all counties, and require other education regarding any information as is proper to further the accomplishment of the purpose of this chapter;

(7) Enter into contract or contracts with qualified persons to assist the commission in effectuating the purpose of this chapter; and

(8) Establish standing committees to assist in effectuating this chapter and carry out its purpose, which shall meet not less often than ten times annually, and shall from time to time meet in each of the counties."

SECTION 70. Section 474-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall submit [~~an annual~~] a report to the governor and the legislature no later than twenty days prior to the convening of each regular session that shall include a description of the operations of the center, summaries and analyses of statistical data compiled, and recommendations for any administrative or statutory changes required to further the purposes of this chapter."

SECTION 71. Section 514E-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]§514E-13[]] Authority of director. The director and the several counties may adopt rules and forms, pursuant to chapter 91, to effectuate the purpose of this chapter and to implement its provisions. The director shall submit [~~an annual~~] a report to the legislature[.] no later than twenty days prior to the convening of each regular session."

SECTION 72. Section 571-46.4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The judiciary shall establish a referral process to allow parties to file a complaint with the judiciary regarding a court-appointed child custody evaluator. Upon notification by a party of the party's intent to file a complaint against a child custody evaluator appointed under subsection (a), the judiciary may refer the complainant to the appropriate licensing authority. The judiciary shall submit a report to the legislature [~~an annual report~~] no later than twenty days prior to the convening of each regular session regarding the number of complaints against court-appointed child custody evaluators that are processed through the referral process."

SECTION 73. Section 582D-1, Hawaii Revised Statutes, is amended by amending Article IV to read as follows:

"ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers and duties:

(1) To provide for dispute resolution among compacting states;

(2) To adopt rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;

(3) To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules adopted by the interstate commission;

(4) To enforce compliance with the compact provisions, the rules adopted by the interstate commission, and the bylaws, using all necessary and proper means, including the use of judicial process;

(5) To establish and maintain offices that shall be located within one or more of the compacting states;

(6) To purchase and maintain insurance and bonds;

(7) To borrow, accept, hire, or contract for personnel services;

(8) To establish and appoint committees and hire staff that the commission deems necessary for the carrying out of its functions, including an executive committee as required by article III, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;

(9) To elect or appoint officers, attorneys, employees, agents, or consultants; to fix their compensation, define their duties, and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel;

(10) To accept, receive, use, and dispose of any and all donations and grants of money, equipment, supplies, materials, and services;

(11) To lease, purchase, or accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(13) To establish a budget and make expenditures and levy dues as provided in article VIII of this compact;

(14) To sue and be sued;

(15) To adopt a seal and bylaws governing the management and operation of the interstate commission;

(16) To perform any functions that may be necessary or appropriate to achieve the purposes of this compact;

(17) To report [~~annually~~] to the legislatures, governors, judiciary, and state councils of the compacting states no later than twenty days prior to the convening of each regular session of this State concerning the activities of the interstate commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the interstate commission;

(18) To coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity;

(19) To establish uniform standards for reporting, collecting, and exchanging of data; and

(20) To maintain the interstate commission's corporate books and records in accordance with the bylaws."

SECTION 74. Section 846-54, Hawaii Revised Statutes, is amended to read as follows:

"[[]§846-54[]] Annual reports. The attorney general shall summarize and analyze reports of hate crimes data that are received, and shall compile and transmit [~~an annual~~] a report of hate crime data to the governor, the judiciary, the department of public safety, and the legislature[.] no later than twenty days prior to the convening of each regular session."

SECTION 75. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 76. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 77. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	296
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII