THE SENATE
                 THE TWENTIETH LEGISLATURE
                  REGULAR SESSION OF 1999

                COMMITTEE ON WAYS AND MEANS
             Senator Carol Fukunaga, Co-Chair
              Senator Andrew Levin, Co-Chair

                 NOTICE OF DECISION MAKING

        DATE:    Tuesday, April 6, 1999

        TIME:    9:00 a.m.

        PLACE:   Conference Room 211
                 State Capitol
                 415 South Beretania Street


                        A G E N D A


     These bills were heard on Friday, March 16, 1999.


H.B. 232   RELATING TO TAXATION                            WAM
H.D. 2   Establishes a general excise tax structure for
        services similar to that of goods.  The new structure
        retains the four per cent tax on the final service
        provided and gradually over a period of seven years
        lowers the tax on intermediary services to half a per
        cent, the same as applied to the sale of wholesale
        goods.
        (CASE)

H.B. 375 RELATING TO TAXATION                            WAM
H.D. 1   Creates a general excise tax exemption for contracting
        or services exported out of the state.  Imposes a use
        tax on out-of-state services imported or purchased for
        use in Hawaii.
        (CASE B.R.)

H.B. 1197  RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAWWAM
H.D. 2   TO THE INTERNAL REVENUE CODE.
        Conforms Hawaii Income Tax Law to the Internal Revenue
        Code.
        (SAY B.R.)


     These bills were heard on Friday, March 26, 1999.


H.B. 133 MAKING AN APPROPRIATION TO FUND THE SMALL BUSINESSECD,
        WAM

 
        DEFENDER POSITION AND OTHER SUPPORT PERSONNEL
        ESTABLISHED UNDER ACT 168, SESSION LAWS OF HAWAII 1998
        Funds Small Business Defender position established
        under Act 168, Session Laws of Hawaii 1998.
        (SAY, CACHOLA, et al)

H.B. 1064  RELATING TO HAWAII HURRICANE RELIEF FUND BONDS CPN,WAM
H.D. 1   Extends authorization for the Director of Finance to
        issue up to $200 million in reimbursable general
        obligation bonds through fiscal year 2000-2001.
        (SAY B.R.)


     These bills were heard on Monday, March 29, 1999.


H.B. 142 RELATING TO PUBLIC EMPLOYMENT              LRE, WAM
H.D. 1   Requires the department of human resources development
S.D. 1   to work with stakeholders to design legislation to
        modernize civil service.
        (SAY, CACHOLA, et al.)

H.B. 1048  RELATING TO THE PUBLIC EMPLOYEES HEALTH FUND  CPN, WAM
H.D. 1   Requires State and county retired employees and their
S.D. 1   spouses to enroll in the federal Medicare Part B
        insurance program.
        (SAY B.R.)

H.B. 1083  RELATING TO THE DEPARTMENT OF COMMERCE AND CONSUMERCPN
        , WAM
H.D. 2   AFFAIRS
S.D. 1   Combines most of DCCA special and revolving funds into
        DCCA compliance resolution fund, to be managed at a
        department-wide level to fund DCCA operations, and
        that would not be subject to central service,
        administrative expense reimbursement, or other general
        fund deductions or reversions.
        (SAY B.R.)

H.B. 1170  RELATING TO COST-RECOVERY FEES FOR DELINQUENT LIBRARY
        EDU, WAM
H.D. 2   ACCOUNTS
S.D. 1   Authorizes the Board of Education to establish fees
        for the administrative costs of collecting fees for
        overdue or lost books, for use of materials requiring
        special equipment, and library sponsored seminars and
        workshops.
        (SAY B.R.)


     These bills were heard on Tuesday, March 30, 1999


H.B. 20  RELATING TO EMPLOYMENT COMPENSATION IN THEJDC/CPN, WAM

 


 
H.D. 2   JUDICIARY
S.D. 1   Provides salary increases for judges.  Changes
        retirement provisions for future judges.
        (HIRAKI)

H.B. 37  RELATING TO FILM PRODUCTION FUNDING        ECD, WAM
H.D. 1   Establishes State of Hawaii film revolving fund within
        DBED&T; exempts
S.D. 1   amounts received from construction of an entertainment
        industry production facility from GET; amends
        definition of "use" to include material, parts, tools,
        or equipment imported or purchased for use in the
        entertainment industry; appropriations.
        (TAKUMI)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
H.B. 157 RELATING TO CRIME                          JDC, WAM
H.D. 2   Addresses the prison overcrowding issue by continuing
        the comprehensive
S.D. 1   schedule of incarceration alternatives and continuing
        rehabilitative and assistive program for arrestees and
        incarcerated person.
        (SAY, CACHOLA, et al.)

H.B. 172 RELATING TO HOSPICE SERVICES               HHS, WAM
H.D. 1   Requires health insurers to cover hospice care and
        allows hospice homes in
S.D. 1   areas zoned residential.
        (SAY, SANTIAGO, et al.)

H.B. 274 RELATING TO FAMILIES                   HHS/JDC, WAM
H.D. 3   Protects children and youth from abuse and neglect.
S.D. 1   (ARAKAKI, TAKAI, et al.)

H.B. 326 RELATING TO HEALTH INSURANCE               CPN, WAM
H.D. 1   Requires health insurance coverage for medical foods
        and low-protein modified food
S.D. 1   products for the treatment of inborn error of
        metabolism.
        (SANTIAGO, ARAKAKI)

H.B. 333 MAKING AN APPROPRIATION FOR AGRICULTURE    ECD, WAM
H.D. 2   Appropriates funds for agriculture for fiscal year
        1999-2000, 2000-2001.
S.D. 1   (ABINSAY, CHANG, et al.)

H.B. 336 RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINEEC
        D, WAM
H.D. 1   Requires the department of agriculture (DOA) to
        maintain lists of nonresricted, restricted, and
        prohibited microorgansms.  Provides a procedure for
        allowing the importation of microorganisms not on any
        list on a case-by-case basis.  Requires DOA to publish
        interim rules at least once statewide and increases
        the number of days currently required for publishing
        from the date of issuance.
        (ABINSAY, AHU ISA, et al.)

H.B. 440 RELATING TO CONTROLLED SUBSTANCES          JDC, WAM
H.D. 2   Allows the Narcotics Enforcement Division to share
        prescription information,
S.D. 1   gathered by the Electronic Prescription Monitoring
        Program, with practitioners authorized to prescribe or
        dispense controlled substances.  Appropriates funds
        from the controlled substance registration revolving
        fund for one full-time data processing systems analyst
        position to carry out this task.
        (YAMANE, P. OSHIRO)


 


 
H.B. 522 RELATING TO THE SCHOOL-TO-WORK OPPORTUNITIESLRE/EDU,
        WAM
H.D. 3   PILOT PROJECT
S.D. 1   Transfers the administration and supervision of the
        school-to-work opportunities pilot project from the
        Hawaii school-to-work opportunities executive council
        to the DOE.  Makes the Hawaii school-to-work
        opportunities executive council an advisory body to
        the BOE and the DOE.
        (ITO, TAKAI, et al.)

H.B. 547 RELATING TO ANATOMICAL GIFTS           HHS/JDC, WAM
H.D. 3   Creates a funding mechanism to educate the public
        about organ and tissue
S.D. 1   donation.  Requires hospitals to report the
        suitability of patients for organ and tissue donation.
        (ARAKAKI, ABINSAY, et al.)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
H.B. 635 RELATING TO HEALTH                         HHS, WAM
H.D. 2   Issues $15,000,000 in special purpose revenue bonds
        for Hilo Residency Training Program, Inc., a not-for-
        profit Hawaii Corporation.
        (SANTIAGO)

H.B. 749 RELATING TO DIETICIANS                     CPN, WAM
H.D. 3   Establishes a dietitian certification program
        effective January 1, 2010.
S.D. 1   (KAWAKAMI, MENOR)

H.B. 756 RELATING TO PUBLIC UTILITIES COMMISSION    CPN, WAM
H.D. 2   Prohibits PUC approval of new 46 kilovolt or greater
        high voltage electric
S.D. 1   transmission system in residential areas, or near
        schools or licensed child care facilities, unless
        placed underground and insulated against electro-
        magnetic field emissions; requires PUC to re-review
        prior applications.
        (HERKES)

H.B. 1471  RELATING TO ELECTIONS                      JDC, WAM
H.D. 1   Extends the sunset date of Act 27, Special Session
        Laws of Hawaii 1995,
S.D. 1   to June 30, 2001.
        (SAY, B.R.)

H.B. 1663  RELATING TO HEALTH                     HHS/EDU, WAM
H.D. 2   Appropriates unspecified sum to Department of Health
        to test the soil in
S.D. 1   Village Park and West Loch Fairways to determine if
        physical and learning disabilities of children are
        caused by the soil.
        (SANTIAGO, THIELEN, et al.)

H.B. 1664  RELATING TO HEALTH                     CPN/HHS, WAM
H.D. 3   Implements the recommendations of the patient rights
        and responsibilities task force to strengthen the
        Hawaii patient bill of rights and responsibilities act
        and related laws.
        (SANTIAGO)


      These bills were heard on Wednesday, 03/31/99.


HB 139   RELATING TO FEDERAL CONSTRUCTION           TIA, WAM
H.D. 1   Exempts gross proceeds received from state contractors
        and subcontractors from GE
S.D. 1   tax; clarifies definition of "contractor" in chapter
        444, HRS; defines "state resident" encourages use of
        and establishes criteria for project labor agreements.
        (SAY, GOODENOW, et al.)


 


 
HB 176   RELATING TO TOBACCO TAX                    HHS, WAM
H.D. 2   Provides that the excise tax on cigarettes shall be
        imposed and collected 
S.D. 1   through the use of stamps purchased by wholesalers and
        dealers, and affixed to cigarette packages.  Includes
        provisions for civil and criminal penalties, and for
        forfeitures of cigarettes, to be enforced by the
        police departments, liquor commissions, attorney
        general, and prosecuting attorneys.  Mandates repeal
        of the law in 2005 upon a finding by the legislative
        auditor that the law has not reduced the loss of tax
        revenue due to the illegal sale of untaxed cigarettes.
        Makes appropriation to DOT for stamps.
        (SAY, M. OSHIRO, et al.)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
H.B. 718 RELATING TO THE HAWAII COMMUNITY DEVELOPMENT  WLH, WAM
H.D. 1   AUTHORITY
S.D. 1   Excludes Piers 1 and 2 at Fort Armstrong from the
        Kakaako community development district.  Appropriates
        funds for the construction of a passenger terminal at
        Pier 2 of Honolulu Harbor.
        (GOODENOW)

H.B. 747 RELATING TO STATE GOVERNMENT               GOH, WAM
H.D. 1   Requires the managed process committee to transform
        State's accounting 
S.D. 1   procurement and budgeting system; requires the
        procurement policy office to adopt rules for a managed
        procurement process that evaluates the efficiency,
        effectiveness, and economy of the purchase using
        uniform accounting standards; requires the comptroller
        to collect from state agencies their portion of
        benefits received under the state risk management
        revolving fund; requires all state departments to
        develop goals and objectives, establishes a 6-member
        advisory commission on government restructuring to
        assist in reducing the size and bureaucracy of state
        government and increasing government efficiency and
        effectiveness; requires the auditor to contract with
        an independent auditing firm to conduct an annual
        financial audit of the state and county governments;
        prohibits state agencies from charging other state
        agencies for services or good provided to other state
        agencies; designates the civil rights commission as
        the agency responsible to provide advocacy services to
        persons with developmental disabilities.
        (KAWAKAMI, KANOHO, et al.)

H.B. 895 RELATING TO EMERGENCY MEDICAL SERVICES     HHS, WAM
H.D. 2   Permits DOH to integrate emergency aeromedical
        services into statewide
S.D. 1   emergency medical services.  Establishes an emergency
        aeromedical information system and quality improvement
        advisory committee.
        (SOUKI)

H.B. 985 RELATING TO PROCUREMENT                    GOH, WAM
H.D. 1   Eliminates administrator of the State procurement
        office and transfers duties 
S.D. 1   to policy office; amends various provisions of the
        Hawaii public procurement code to consolidate and
        clarify sections in the chapter; amends or repeals
        related sections of the HRS to bring them into
        compliance with the code; deletes handicapped
        preference for construction contracts; eliminates the
        requirement that after fifty per cent of contract is
        complete, retainage may not be withheld.
        (SAY B.R.)


 


 
H.B. 1041  RELATING TO THE PUBLIC EMPLOYEES HEALTH FUND  CPN, WAM
H.D. 2   Authorizes the board of trustees of the Public
        Employees Health fund to 
S.D. 1   use reimbursements and rate credits to benefit
        identifiable employee-beneficiaries.
        (SAY B.R.)

H.B. 1145  MAKING AN EMERGENCY APPROPRIATION FOR   HHS/TIA, WAM
S.D. 1   EMERGENCY MEDICAL SERVICES
        Emergency appropriation for emergency medical
        services.
        (SAY)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
H.B. 1146  RELATING TO VITAL RECORD FEES              HHS, WAM
S.D. 1   Makes permanent Act 261, SLH 1997; raises fees after
        first copy to $6; increases fee deposit into vital
        statistics improvement special fund to $3; allows
        native Hawaiians to have vital statistics records for
        free if provided directly by DOH to Department of
        Hawaiian Home Lands; repeal 6/30/2003.
        (SAY B.R.)

H.B. 1276  RELATING TO CONDOMINIUMS                   GOH, WAM
H.D. 1   Subjects CPR to county zoning rules and prohibits CPRs
        on agricultural land; 
S.D. 1   clarifies where funds collected by associations may be
        deposited; establishes a fair market value standard
        (FMVA) for appraising the leased fee interest of
        condos; clarifies the powers of the boards of
        directors of associations of apartment owners to enter
        into purchase agreements with lessors;  allows
        association to terminate common utilities and collect
        from tenants when condominium owner defaults on paying
        maintenance fees; requires mortgage holders to pay
        common expenses to the association while foreclosure
        proceedings are pending; increases membership of real
        estate commission by 2 members to represent interest
        of condominium governance organizations; clarifies
        that moneys in condominium management education fund
        shall be used exclusively for purposes of the
        condominium management education fund; provides lien
        for unpaid common expenses; provides time of title
        transfer for foreclosure; allows for condo association
        to deposit funds in Hawaii credit unions and invest
        with hawaii Securities Brokers.
        (LEE B.R.)

H.B. 1620  RELATING TO HEALTH CARE COMMUNITIES        HHS, WAM
H.D. 1   Authorizes the housing and community development
        corporation of Hawaii to 
S.D. 1   work in partnership with private sector entities to
        develop health care communities in the State.
        Establishes a health care community revolving fund to
        make loans to businesses for the construction of the
        health care community.
        (M. OSHIRO, et al.)

H.B. 1637  RELATING TO SCHOOL BUSES                   EDU, WAM
H.D. 2   Allows the use of tour buses for the transportation of
        high school student groups 
S.D. 1   to and from school-related events or activities.
        Requires the tour buses be aligned with the minimum
        safety standards of municipal buses.
        (HIRAKI)


 These bills were not previously heard by the committee and are 

 
              scheduled for decision making.


H.B. 1454  RELATING TO FEES                            JDC,WAM
H.D. 2   Specifies that a single, uniform fee of $100 applies
        to all probate actions 
S.D. 1   involving a decedent's estate; adds a $5 court fee for
        administrative costs for processing citations for
        interfering with the movement of traffic.
        (SAY B.R.)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
H.B. 235 RELATING TO THE HAWAIIAN HOMES COMMISSION  WLH/JDC,WAM
H.D. 2   Authorizes the election of the members of the Hawaiian
        homes commission by
S.D. 1   Hawaiian voters and provides a salary for the members.
        Authorizes the Hawaiian homes commission to employ or
        retain an attorney.
        (KAHIKINA, GOODENOW)

H.B. 389 RELATING TO EDUCATION                       EDU,WAM
S.D. 1   Appropriates funds to extend the funding of the Learn
        and Serve Hawaii program.  Creates a tax incentive to
        support increased access to technological tools for
        all students.
        (CASE B.R.)

H.B. 634 ESTABLISHING A COMMISSION TO CELEBRATE THE   EDU,WAM
H.D. 2   ONE-HUNDREDTH ANNIVERSARY OF THE ARRIVAL OF THE 
S.D. 1   PUERTO RICANS TO HAWAII
        Establishes a commission to celebrate the 100th
        anniversary of the arrival of Puerto Ricans to Hawaii.
        (SANTIAGO, TAKAI, et al)

H.B. 661 RELATING TO ENHANCED WIRELESS EMERGENCY 911 SERVICECPN
        ,WAM
H.D. 3   Implements a cost recovery mechanism to allow
        commercial mobile radio
S.D. 1   service providers to recover costs incurred for
        providing wireless enhanced 911 services.
        (MENOR B.R.)

H.B. 706 RELATING TO HOMESTEAD LEASES                WLH,WAM
H.D. 2   Changes homestead lease amounts to $1.  Eliminates
        cash freehold agreements.
S.D. 1   (SAY B.R.)

H.B. 753 RELATING TO THE ESTABLISHMENT OF SPECIAL   TIA/ECD,WAM
H.D. 2   IMPROVEMENT DISTRICTS                              
S.D. 1   Allows counties to enact ordinances to create special
        improvement districts to provide and finance
        supplemental maintenance and security services and
        such other improvements, services, and facilities
        within those districts as the county council finds
        will promote business activity and make and finance
        improvements.
        (CHANG,RATH)

H.B. 797 RELATING TO OUTDOOR RECREATION              ECD,WAM
H.D. 2   Allows for hunting of game birds by residents of
        foreign countries under 
S.D. 1   certain circumstances.
        (CACHOLA)

H.B. 806 RELATING TO LAND EXCHANGE                   WLH,WAM

 


 
H.D. 2   Approves the exchange of public lands in North Kona
        for private lands along the Kona 
S.D. 1   coast owned by Hawaii International Motor Speedway.

H.B. 827 RELATING TO PUBLIC LANDS                WLH/ECD,WAM
H.D. 3   Authorizes the department of land and natural
        resources to issue new leases
S.D. 1   to the existing Banyan Drive lessees, subject to
        certain conditions.
        (CHANG, RATH, et al)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
H.B. 855   MAKING AN APPROPRIATION FOR EDUCATION       EDU,WAM
H.D. 1   Appropriates funds for additional permanent teacher
        positions to implement the
S.D. 1   change in the formula for allocating regular education
        teachers so that each special education student can be
        counted as one whole regular education student.
        (ITO, MCDERMOTT, et al)

H.B. 1037  MAKING AN EMERGENCY APPROPRIATION FOR THE UNCLAIMEDWAM 
        PROPERTY PROGRAM
        Appropriates additional funds ($1,000,000) in fiscal
        year 1998-99 to pay judgements and claims from the
        Unclaimed Property program.
        (SAY B.R.)

H.B. 1079  RELATING TO THE CONVERSION OF BUSINESS ENTITIESCPN,WAM
H.D. 3   Allows corporations, partnerships, limited liability
        partnerships and limited
S.D. 1   liability companies to convert to any other form of
        business entity provided for under Hawaii law.
        (SAY B.R.)

H.B. 1120  RELATING TO PERSONAL CARE SERVICES PAYMENT   HHS,WAM
        Repeals personal care services provisions which are
        now provided through the home and community-based
        medicaid waiver programs.
        (SAY B.R.)

H.B. 1125  RELATING TO RECOVERY OF MEDICAL PAYMENTS HHS/JDC,WAM
H.D. 2   Clarifies and standardizes provisions relating to the
        recovery of medical assistance payments by DHS in
        third-party liability situations.

H.B. 1198  RELATING TO THE INTERGRATED TAX INFORMATION  EDU,WAM
H.D. 1   MANAGEMENT SYSTEMS ACQUISITION BY THE DEPARTMENT OF
        TAXATION
S.D. 1   Creates the Integrated Tax Information Management
        Systems Special Fund to pay for the Integrated Tax
        Information Management System.  Sunsets this special
        fund on July 1, 2004.
        (SAY B.R.)

H.B. 1296  RELATING TO KANEOHE BAY                 WLH/ECD,WAM
H.D. 1   Limits the amount of commercial ocean use activity
        permits issued by the 
S.D. 1   Department of Land and Natural Resources for Kaneohe
        Bay.  Requires the Department of Land and Natural
        Resources to adhere to the original tenets of the
        Kaneohe Bay Master Plan unless public health and
        safety or resource protection requires otherwise.
        (YAMANE, CHANG, et al)

H.B. 1711  RELATING TO KANEOHE BAY                 WLH/ECD,WAM

 


 
H.D. 2   Grandfathers unpermitted piers in Kaneohe Bay.
        Eliminates requirement 
S.D. 1   that residential piers built on submerged lands be
        open to the public.  Exempts private residential
        noncommercial pier leases from obtaining legislative
        and governor approval.  Established a residential pier
        lease rent moratorium.
        (ITO, CATALANI, et al)

H.B. 1409  RELATING TO THE LAND USE COMMISSION         WLH,WAM
H.D. 2   Allows land use commission to charge for court
        reporter expenses and other expenses to be determined
        by the commission.
        (CACHOLA, KANOHO)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
H.B. 1624  RELATING TO CAPTIVE INSURANCE               CPN,WAM
H.D. 2   Authorizes license and renewal fees and other fees of
        captive insurance companies
S.D. 1   to be set by the insurance commissioner.
        (MENOR B.R.)

H.B. 1660  RELATING TO HIGHER EDUCATION                EDU,WAM
H.D. 2   Appropriates funds to pay for utilities for the
        University of Hawaii system.
S.D. 1   (MORIHARA, TAKAI)

H.B. 1703  RELATING TO WAIMANALO                       WLH,WAM
        Extends sunset date of Act 257, Session Laws of Hawaii
        1996.
        (GOODENOW)


       NO TESTIMONY WILL BE ACCEPTED FOR THESE BILLS


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FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-
6800.



____________________________      _______________________________
Senator Carol Fukunaga            Senator Andrew Levin
Co-Chair                          Co-Chair