COMMITTEE ON JUDICIARY AND HAWAIIAN AFFAIRS

Friday, February 12, 1999
2:00 p.m.
Conference Room 325, State Capitol

AGENDA:

HB 706   RELATING TO HOMESTEAD LEASES.                               WLU,JHA,FIN
HD1      Suspends the succession provision of  homestead leases  under mortgage,
         for the duration of the loan.
HB 955   RELATING TO CRIME.                                                  JHA
         Makes it a class B felony to take sexual photographs or videotapes of a
         person without consent and when the person expects privacy.  Makes it a
         misdemeanor to possess such materials.
HB 727   RELATING TO TAX PENALTIES AND INTEREST.                         JHA,FIN
         Amends sections 231-34, 231-35, and  231-36 to provide for probation as
         a tax penalty.
HB 1609  RELATING TO PROCUREMENT.                                        JHA,FIN
         Prohibits the State from  contracting  with  foreign entities that have
         been convicted of, or pleaded  nolo  contendere to, any crime involving
         an act of fraud or dishonesty, including bribery or bid rigging, in any
         jurisdiction of the United States.    Voids such contracts based on the
         foreign person's misrepresentation.
HB 1118  RELATING TO DISCLOSURE OF DEPARTMENT OF HUMAN
         SERVICES' RECORDS.                                          HSH,JHA,FIN
         Amends confidentiality statutes to allow  the department to adopt rules
         to  reflect  change,  as  they   are  made,  in  federal  statutes  and
         regulations.  Allows disclosure  of  child  abuse and neglect to comply
         with law.
HB 1125  RELATING TO RECOVERY OF MEDICAL PAYMENTS.                   HSH,JHA,FIN
         Clarifies and standardizes  the  provisions regarding the reimbursement
         rights  of  the  Department  of  Human  Services  (DHS)  in third-party
         liability situations.
HB 1121  RELATING TO THE SUNSET CLAUSE IN ACT 128 SESSION
         LAWS OF HAWAII 1997.                                        HSH,JHA,FIN
         Allows the  state  to  continue  to  "opt  out"  from  Federal benefits
         prohibitions  to  ensure   the   continued  availability  of  treatment
         programs.
HB 4     RELATING TO POLICE ROADBLOCK PROGRAMS.                          TRN,JHA
         Provides that failure  to  comply  scrupulously  with police procedures
         that exceed  the  minimum  statutory  roadblock  requirements  will not
         invalidate a  roadblock  that  otherwise  meets  the  minimum statutory
         criteria.
HB 45    RELATING TO MOTOR VEHICLE DRIVER LICENSING.                     TRN,JHA
         Makes driving with an  expired  license  a  violation, but a lesser one
         than driving without ever having obtained a driver's license.

 
                                       A
 
 
HB 5     RELATING TO THE STATEWIDE TRAFFIC CODE.                         TRN,JHA
         Prevents persons with outstanding  traffic  bench warrants to obtain or
         renew a driver's license or to register or transfer a motor vehicle.

Decision making to follow.


COMMITTEE ON JUDICIARY AND HAWAIIAN AFFAIRS

Friday, February 12, 1999
Conference Room 325, State Capitol

3:00 p.m. AGENDA:

Decision making only:
HB 83    RELATING TO COURTS.                                                 JHA
         Repeals  the  exemption  from  jury  service  for  attorneys,  heads of
         executive departments, elected officials, judges, ministers or priests,
         practicing physicians or  dentists,  and  active  members  of the armed
         forces, police, and fire department.
HB 1752  RELATING TO FINANCIAL DISCLOSURE REQUIREMENTS.                      JHA
         Exempts candidates from having to  file an initial financial disclosure
         if they have already filed as  a state elected or appointed official in
         the year of their election.
HB 1464  RELATING TO THE PRIMARY ELECTION DATE.                              JHA
         Moves the primary election  to  an  earlier  date  to provide more time
         between the primary and general elections.


3:05 p.m. AGENDA:

Decision making only:
HB 1000  RELATING TO GARNISHMENT.                                        JHA,FIN
         Repeals section 652-14, which has become unnecessary and superflous due
         to changes in the garnishment law and payroll practices.
HB 1006  RELATING TO A SENTENCING SIMULATION MODEL.                      JHA,FIN
         Proposes a simulation model program  to gather information on convicted
         defendants in order to  determine  the  most efficient use of resources
         available in  the  prison,  the  judiciary  (i.e.,  probation), and the
         community.
HB 1496  RELATING TO DEADLY OR DANGEROUS WEAPONS.                            JHA
         Prohibits manufacture, sale or transfer of deadly or dangerous weapons.
         Combines existing provisions relating  to  deadly and dangerous weapons
         in new section and makes conforming amendments.
HB 1497  RELATING TO SENTENCING.                                             JHA
         Imposes enhanced sentence of  life  imprisonment without possibility of
         parole for murder in the 2nd degree.

 
                                       B
 
 
 
 
HB 1003  RELATING TO HABITUAL CRIMINAL BEHAVIOR.                             JHA
         Creates a new  felony  offense  covering  persons who habitually commit
         misdemeanor offenses against property or persons.
HB 300   RELATING TO THE PENAL CODE.                                         JHA
         Creates class C felony offense of assault against police officer in the
         1st degree.  Amends the  present misdemeanor offense of assault against
         police officer to make it an offense in the 2nd degree.
HB 1004  RELATING TO HOMICIDE.                                               JHA
         Proposes to:  (1) revise the statutory elements of murder; (2) create a
         new version of murder in the  second degree; and (3) revise the extreme
         mental or emotional disturbance defense  to  one that reduces the level
         of offense just one level.
HB 235   RELATING TO THE HAWAIIAN HOMES COMMISSION.                      JHA,FIN
         Authorizes the election of the members of the Hawaiian homes commission
         by Hawaiian voters and provides  a  salary for the members.  Authorizes
         the Department of Hawaiian Home Lands to employ or retain an attorney.
HB 533   RELATING TO THE HAWAII RULES OF EVIDENCE.                           JHA
         Amends the Hawaii Rules of Evidence to conform to the federal rule with
         respect to sex offense  cases  and  the  relevance of the victim's past
         behavior.  Adopts a  Rule  of  Evidence  conforming to the federal rule
         with respect to the admissibility of  evidence of similar acts in civil
         cases concerning sexual assault or child molestation.
HB 605   RELATING TO HARASSMENT.                                             JHA
         Creates a new  petty  misdemeanor  offense  of  harassment of family or
         household member.
HB 177   RELATING TO HARASSMENT.                                             JHA
         Clarifies  the  basis  for  granting  a  temporary  restraining  order.
         Increases the duration of a temporary restraining order.
HB 604   RELATING TO RESTRAINING AND PROTECTIVE ORDERS.                      JHA
         Consolidates laws on  restraining  and  protective  orders and provides
         procedures  on  issuance  of   orders,   form  of  petition,  temporary
         restraining orders, duration of  restraining orders, protective orders,
         service of order, enforcement and penalties.
HB 1237  RELATING TO FIREWORKS.                                          JHA,FIN
         Allows the counties to regulate  the use of non-aerial common fireworks
         through the issuance of certificates of use.
HB 65    RELATING TO AERIAL COMMON FIREWORKS.                            JHA,FIN
         Makes it unlawful  to  possess  aerial  common  fireworks in any county
         unless the person has a valid permit issued by that county.  Makes it a
         misdemeanor  for  any  person  to  set  off,  ignite,  discharge, sell,
         transfer, or  possess  aerial  common  fireworks  without  first having
         obtained a license or permit as required by section 132D-7.
HB 20    RELATING TO THE JUDICIARY.                                      JHA,FIN
         Increases in judicial salaries.



 
                                       C
 
 
 
 
 
COMMITTEES ON AGRICULTURE/WATER AND LAND USE

Saturday, February 13, 1999
8:00 a.m. to completion
Conference Room 325, State Capitol

AGENDA:

AGR/WLU only:
HB 497   RELATING TO OUTDOOR RECREATION.                             AGR/WLU,FIN
         Allows campsites on certain lots within the agricultural district.
HB 1380  MAKING AN INTERIM APPROPRIATION FOR THE DEPARTMENT OF
         AGRICULTURE, AGRICULTURAL RESOURCE MANAGEMENT
         DIVISION.                                                   AGR/WLU,FIN
         Appropriates  funds  as  an  interim   subsidy  to  the  department  of
         agriculture until a water toll increase is put into effect.

AGR only:
HB 1668  MAKING AN APPROPRIATION FOR TARO RESEARCH.                      AGR,FIN
         Appropriates funds  for  taro  research  by  the  University  of Hawaii
         college of tropical agriculture and human resources.
HB 801   RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR PROCESSING
         ENTERPRISES.                                                    AGR,FIN
         Authorizes special purpose revenue bonds  to  assist the CEATECH USA by
         building a processing plant and for expanding shrimp farm facilities.
HB 840   RELATING TO SPECIAL PURPOSE REVENUE BONDS.                      AGR,FIN
         Permits special purpose revenue bonds  for industrial enterprises to be
         used for agricultural and aquacultural enterprises.
HB 1628  RELATING TO AGRICULTURAL LOANS.                                 AGR,FIN
         Creates a program  that  enables  cooperating  lenders  to provide loan
         funds with the department  of  agriculture providing counseling, credit
         underwriting, collection, and loan servicing.
HB 1629  RELATING TO PESTICIDES.                                         AGR,FIN
         Increase the limit on  the  Pesticides  Revolving  Fund to $600,000 and
         expands the uses thereof.
HB 1630  RELATING TO AGRICULTURE.                                        AGR,FIN
         Appropriates funds to the  DOA  for  1.00  FTE noxious weed specialist,
         including current expenses and equipment.
HB 1230  RELATING TO THE OFFICE OF FRUIT FLY BIOLOGY AND CONTROL.        AGR,FIN
         Establishes the office of fruit  fly  biology  and control to study and
         coordinate issues regarding the eradication of the fruit fly.
HB 1631  RELATING TO THE AGRICULTURAL USE OF FALLOW SUGAR
         LANDS.                                                          AGR,FIN
         Establishes a $500 per  acre  tax  credit  for new agricultural uses of
         fallow sugar lands and exempting  related farm equipment purchases from
         the 4% GET for two years.
HB 1381  MAKING AN APPROPRIATION FOR  MARKETING DEVELOPMENT OF CERTIFIED ORGANIC
         FOOD PRODUCTS IN HAWAII.                                        AGR,FIN
         Appropriates $100,000 in FY 1999-2000  and  $100,000 in FY 2000-2001 to
         the Hawaii Organic  Farmers  Association  for  marketing development of
         certified organic food products in Hawaii.

 
                                       D
HB 947   RELATING TO AGRICULTURE.                                        AGR,FIN
         Appropriates funds for  the  construction  of a multi-commodity, multi-
         technology post harvest facility that  can be used by certified organic
         producers to promote Hawaii's organic industry.
HB 562   RELATING TO MEASUREMENT STANDARDS.                              AGR,CPC
         Provides additional labeling requirements for macadamia nuts.

Decision making to follow.


Decision making only:
HB 1632  RELATING TO AGRICULTURE.                                            AGR
         Short form bill relating to agriculture.
HB 1635  RELATING TO AGRICULTURE.                                            AGR
         Short form bill relating to agriculture.


COMMITTEE ON EDUCATION

Saturday, February 13, 1999
1:00 p.m.
Conference Room 329, State Capitol

AGENDA:

HB 626   RELATING TO EDUCATION.                                          EDN,FIN
         Lowers the compulsory education  age  from  6  years to 5 years, making
         attendance in kindergarten mandatory.  Requires the BOE to organize and
         conduct a program of  public  pre-kindergarten  education to the extent
         that federal funds are,  or  from  time  to time may become, available.
         Appropriates funds.
HB 281   MAKING AN APPROPRIATION FOR A WATER SAFETY AND LEARN-TO-SWIM
         INSTRUCTION PROGRAM.                                            EDN,FIN
         Appropriates funds to develop a learn-to-swim program in the 4th grade,
         to drownproof nonswimmers.  Requires  a  swim test of all public school
         students as part of the program, and allows fees to be collected by the
         department of education.
HB 283   RELATING TO EDUCATION.                                          EDN,FIN
         Proposes to make the student member  of the Board of Education a voting
         member.
HB 284   RELATING TO EDUCATION.                                          EDN,FIN
         Establishes   the   Hawaii   state   student   council,   with  student
         representatives from each  departmental  school  district; requires the
         council to conduct  an  annual  conference  of  secondary students; and
         requires the council to determine  whether to select the student member
         of the BOE or to run an election to select the individual.
HB 287   MAKING AN APPROPRIATION FOR THE PEER EDUCATION
         PROGRAM.                                                    HLT,EDN,FIN
         Appropriates funds to maintain and  expand the services provided by the
         department of health's peer education program.

 
                                       E
 
HB 416   RELATING TO EDUCATION.                                          EDN,FIN
         Appropriates funds for the  adequate  maintenance  of lavatories in the
         public schools.
HB 523   RELATING TO EDUCATION.                                          EDN,FIN
         Appropriates funds for  textbooks,  other  learning  materials, and for
         furniture.
HB 524   RELATING TO EDUCATION.                                          EDN,FIN
         Appropriates funds for college/career counselors.
HB 525   RELATING TO EDUCATION.                                          EDN,FIN
         Appropriates funds for computers.
HB 856   MAKING AN APPROPRIATION FOR STUDENT ACTIVITIES
         COORDINATORS.                                                   EDN,FIN
         Appropriates funds for a student activities coordinator for each public
         high school.
HB 282   RELATING TO EDUCATION.                                      EDN,PSM,FIN
         Enacts student initiatives in  the  areas of teacher evaluation; school
         facilities; a  departmental  safety  office; college/career counselors;
         school  improvement   plans;   school   security  attendants;  athletic
         equipment; computers, educational materials, and furniture; curriculum,
         and co-curricular concerns.

Decision making to follow.


COMMITTEE ON CONSUMER PROTECTION AND COMMERCE

Monday, February 15, 1999
9:00 a.m.
Conference Room 325, State Capitol

AGENDA:

HB 169   RELATING TO LONG-TERM CARE.                           HSH/HLT, CPC, FIN
HD 1     Requires long-term care insurance policies to meet specified standards;
         requires  employers  to   offer   LTC   policies  to  employees;  makes
         appropriation for LTC actuarial study; makes appropriation to insurance
         division  to  hire  LTC   actuary;   extends   sunset  date  and  makes
         appropriation for JLC.
HB 170   RELATING TO LONG-TERM CARE TAX BENEFITS.              HSH/HLT, CPC, FIN
         Creates an income tax deduction for  an individual for payment of long-
         term care insurance premiums.
HB 172   RELATING TO HOSPICE SERVICES.                             HLT, CPC, FIN
HD 1     Authorizes  the  department  of   health  to  license  hospice  service
         agencies.
HB 546   RELATING TO HOME HEALTH AGENCIES.                         HSH, CPC, FIN
         Makes referral to an unlicensed home health agency a petty misdemeanor.
         If the person knows  the  agency  is  unlicensed,  makes the referral a
         misdemeanor.  Makes operating a home  health agency without a license a
         class C felony.

 
                                       F
 
 
HB 551   RELATING TO ADULT RESIDENTIAL CARE HOMES.             HSH/HLT, CPC, FIN
HD 1     Requires inspections of  adult  residential  care  homes  to be made at
         specified times with prior notice for purposes of confirming correction
         of deficiencies and for  investigation  of  complaints.  Requires prior
         notice of annual inspections.
HB 552   RELATING TO ADULT RESIDENTIAL CARE HOMES.             HSH/HLT, CPC, FIN
HD 1     Encourages the  continued  operation  of  adult  residential care homes
         (ARCHs) by  requiring  the  State  to  provide  liability  insurance to
         operators during the term of their license.
HB 644   RELATING TO ADULT RESIDENTIAL CARE HOMES.             HSH/HLT, CPC, FIN
HD 1     Requires DOH to stop licensing new  Type I adult residential care homes
         (ARCH) on an island until the  percentage  of  Type I ARCHs having 3 or
         fewer residents falls below 10% on  that island but allows licensing on
         a case-by-case basis on  neighbor  islands  that demonstrate a need for
         ARCHs.  Requires DHS  to  strongly  encourage public-pay clients to use
         under utilized ARCHs.  Effective upon approval.
HB 813   RELATING TO PUBLIC UTILITY BILLING PROCEDURES FOR BLIND
         OR VISUALLY IMPAIRED CUSTOMERS.                           HSH, CPC, FIN
         Requires public or private  providers  of  sewer, water, electric, gas,
         telephone, or cable utility services, upon a blind or visually-impaired
         customer's request, to  provide  billing  in  braille,  large print, or
         audio format, at no additional charge to the customer.
HB 463   RELATING TO GENETIC INFORMATION.                          HSH, CPC, FIN
         Prohibits long-term care insurers  from requesting or requiring genetic
         testing.  Prohibits the  underwriting  of  a long-term insurance policy
         based on genetic information  unless  a certified genetics professional
         confirms the risks to the individual.
HB 512   RELATING TO EDUCATION.                                    EDN, CPC, FIN
         Repeals the sunset of the Hawaii Teacher Standards Board.
HB 790   RELATING TO DISASTER RELIEF.                              EDN, CPC, FIN
         Requires all  new  school  buildings  to  be  built  in accordance with
         hurricane resistant shelter criteria  adopted  by the adjutant general.
         Requires the  adjutant  general  to  adopt  hurricane resistant shelter
         criteria to regulate the  planning, design, construction, and equipping
         of all new public school buildings.
HB 743   RELATING TO ADVANCED PRACTICE REGISTERED NURSES.          HLT, CPC, FIN
HD 1     Includes  advanced  practice  registered   nurses  as  providers  under
         workers' compensation, no-fault, and prepaid healthcare plans.
HB 894   RELATING TO HEALTH INSURANCE REIMBURSEMENTS.              HLT, CPC, FIN
HD 1     Requires  health  insurance   coverages   to  equitably  reimburse  for
         aeromedical services.
HB 1074  RELATING TO REGULATION OF OSTEOPATHY.                     HLT, CPC, FIN
         Terminates the Board of Osteopathic Examiners and assigns its duties to
         the Board of  Medical  Examiners,  adding  to  the  medical board a new
         member who is an osteopathic physician.
HB 1136  RELATING TO THE DRUG FORMULARY.                                CPC, FIN
         Requires the Drug Product  Selection  Board  to designate the U.S. Food
         and Drug Administration's  (FDA)  publication,  "Approved Drug Products
         with Therapeutic Equivalence  Evaluations",  including its then current
         supplements, as the State generic drug formulary.

 
                                       G
 
HB 1139  RELATING TO CLINICAL LABORATORY PERSONNEL.                     CPC, FIN
         Clarifies the categories of licensure of clinical laboratory personnel.
HB 751   RELATING TO ACTIVITY PROVIDERS AND ACTIVITY DESKS.             TSM, CPC
HD 1     Prohibits activity  desks  from  receiving under-the-table compensation
         for selling a specific  activity  provider;  requires activity desks to
         have both a trust account and a bond.

Decision making to follow.


COMMITTEE ON ENERGY AND ENVIRONMENTAL PROTECTION

Monday, February 15, 1999
9:00 a.m.
Conference Room 312, State Capitol

AGENDA:

HB 1728  RELATING TO MOTOR VEHICLE REVERSE WARNING
HD1 SYSTEMS.                                                         TRN,EEP,JHA
         Allows audible reverse warning  system  to  be  turned off manually for
         noise control purposes and requires  bright flashing lights in the rear
         of the vehicle to be used  whenever the vehicle is reversing.  Requires
         new vehicles to be  equipped  to  permit  the  system  to be turned off
         manually.
HB 938   RELATING TO LITTER CONTROL.                                     EEP,FIN
         Appropriates $300,000 for the  department  of health for litter control
         programs.
HB 842   RELATING TO GLASS CONTAINER RECOVERIES.                         EEP,FIN
         Exempts a  glass  container  importer  who  deals  in  glass containers
         designed to hold not more than  2  fluid  ounces of a product meant for
         human consumption from the payment of the advance glass disposal fee.
HB 900   RELATING TO THE RECYCLING OF BATTERIES AND TIRES.               EEP,FIN
         Provides for the recycling of used lead acid batteries and tires.
HB 1708  RELATING TO SPECIAL WASTES RECYCLING.                           EEP,FIN
         Proposes a deposit charge of $         on the sale of all motor vehicle
         batteries and other lead acid  batteries,  which is to be refunded when
         purchasers return the batteries  for  exchange.   Establishes the motor
         vehicle battery and  other  lead  acid  battery recycling special fund.
         Appropriates funds.
HB 1350  RELATING TO THE USE OF RECYCLED OIL.                            EEP,JHA
         Requires government procurement to give  preference to recycled oils in
         the procurement process.
HCR 22   REQUESTING THE PUBLIC UTILITIES COMMISSION TO SUBMIT
         LEGISLATION TO PROMOTE  COMPETITION  FOR  PROVIDING  ELECTRICITY IN THE
         STATE.                                                          EEP,CPC
HCR 29   URGING THE STATE OF HAWAII TO PARTICIPATE IN THE FEDERAL
         MILLI0N SOLAR ROOFS INITIATIVE.                                 EEP,CPC



 
                                       H
 
Continued discussion only:
HB 1248  RELATING TO NATURAL AND CULTURAL RESOURCES.                 EEP,TSM,FIN
         Establishes an executive board,  the Hawaii environmental authority, to
         oversee the State's  environmental  protection  policies and strategies
         and to establish  an  environmental  protection  special fund partially
         funded by a portion of the TAT.

Decision making to follow.

 
                                       I