THE SENATE
                 THE TWENTIETH LEGISLATURE


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


                 NOTICE OF DECISION MAKING

        DATE:  Monday, February 28, 2000

        TIME:  6:00 p.m.

        PLACE: Conference Room 211
                 State Capitol
                 415 South Beretania Street


                        A G E N D A

Bills heard on Tuesday, February 8, 2000

S.B. 2058     Relating to Income Tax Credits            WAM

              Authorizes an earned income tax credit.
  

S.B. 2421     Relating to Taxation                      WAM
  
              Allows an income tax refund check-off.


Bills heard on Wednesday, February 9, 2000

S.B. 286      Relating to Speeding                      TIA, WAM
HD2, SD1
              Establishes fines for motorists who are convicted of
              driving their motor vehicles at speeds greater than the
              maximum speed limit in school zone or construction areas.


Bills heard on Tuesday, February 15, 2000

S.B. 2131     Relating to Federal Construction          WAM

              Allows for GET exemption for state contractors.

 


 
S.B. 2544     Relating to Legislative Analyst           WAM

              Provides that the Legislature, by majority vote of each
              house in joint session, shall appoint the legislative
              analyst who shall serve for a period of six (6) years.

S.B. 2354     Relating to Public Access                 WAM
              
              Appropriates funds: 1) to hire a second full-time staff
              person for the public access room; 2) for a legislative
              audio streaming pilot project; and 3) for childcare pilot
              program.  Transfers responsibility for sale and
              distribution of HRS, SLH, and other legislative
              publications from Lt. Governor to Legislature.


Measures previously considered by CPN, Decision Making Only

S.B. 2186     Relating to Insurance                     CPN, WAM
SD1
              Establishes provisions for an independent bill reviewer. 

S.B. 2200     Relating to the Public Utilities Commission  CPN, WAM
  
              Amends the public utilities special fund by providing that
              all moneys in excess of the greater of one million dollars
              or two-thirds of the moneys remaining on balance in the
              fund shall lapse to the credit of the state general fund
              on June 30 of each year. 
  
S.B. 2287     Relating to the Public Utilities Commission  CPN, WAM
SD1           
              Requires that an unspecified percentage of excess moneys
              in the PUC special fund shall be deposited annually into
              the underground conversion fund, based upon the amount of
              excess funds in the PUC special fund prior to lapsing into
              the general fund.  

S.B. 2312     Relating to a Hoisting Machine Operators   CPN, WAM
              Certification Revolving Fund

              Funds Hoisting Machine Operators Certification Revolving
              Fund.

S.B. 2345     Relating to Renewable Energy Resources    CPN, WAM
SD1 
              Requires each qualified electric utility company which
              sells electricity for consumption to implement a
              renewables portfolio standard which requires these

 
              utilities to possess a minimum percentage of renewable
              energy resources within their overall resource portfolio. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
S.B. 2561     Relating to Insurance                     CPN, WAM
SD1
              Requires the insurance commissioner to transfer a
              percentage of moneys in the captive insurance
              administrative fund to the insurance regulation fund to be
              used to promote Hawaii as a captive insurance domicile.  

S.B. 2731     Relating to Insurance                     CPN, WAM
SD1
              Requires refunds of taxes in error or in excess to be paid
              out of general funds rather than insurance regulation
              funds. 

S.B. 2993     Relating to the Environment               CPN/LRE, WAM
SD1 
              Establishes the Environmental Health Consumer Advocate
              within DCCA.  Establishes an environmental protection
              hotline.  Requires the DOH to convene a Campbell
              Industrial Park task force and appropriates funds for a
              task force study.  
 
S.B. 3003     Relating to Employees' Retirement System   CPN, WAM
  
              Redefines Class A and Class B contributory members covered
              by the Social Security Act. 

S.B. 3043     Relating to the State Risk Management     CPN, WAM
SD1           and Insurance Administration

              Authorizes the state comptroller to establish a captive
              insurance company to insure the general liabilities of the
              State. 


Measures previously considered by JDC, Decision Making Only


S.B. 2074     Relating to Corrections                   JDC, WAM
SD1
              Establishes a task force to develop a plan to increase the
              availability of gender appropriate programming in the
              criminal justice system. 

S.B. 2220     Relating to the Removal of Nuisance       JDC, WAM
  
              Allows the director of public safety, with the approval of
              the governor, to enter into an agreement with the mayor of
              a county to use inmate labor from a community correctional
              center to remove nuisance seaweed from the shoreline and
              near shore waters of the State.

 


 
S.B. 2429     Relating to Crime                         JDC, WAM
SD1
              Qualifies for extended term sentencing criminal offenders
              who select their victims because of hostility to their
              race, color, religion, ancestry, national origin, gender,
              transgender, sexual orientation, age, or disability;
              provides a reporting mechanism to compile, track, and
              analyze hate crimes data. 

S.B. 2432     Relating to a Sentencing Simulation Model  JDC, WAM

              Appropriation to the department of public safety to
              develop, implement, and maintain a sentencing simulation
              model. 

S.B. 2484     Relating to Medicaid Recovery             JDC/HHS, WAM
SD1
              Clarifies functions of medicaid fraud unit of the attorney
              general to enforce Medicaid fraud and other federal health
              programs; allows unit to conduct an elder abuse neglect
              and prevention program; and allows Medicaid investigations
              recovery fund to provide funds for abuse and neglect
              prevention program.  

S.B. 2675     Relating to the Salary of the Executive    JDC, WAM
              Director of the State Ethics Commission
  
              Raises salary of executive director of state ethics
              commission to that of department head.

S.B. 2690     Relating to Probation                     JDC, WAM
SD1
              Requires a court, upon sentencing a defendant to
              probation, to order the defendant to pay a probation
              service fee of $150 for a term of more than one year or
              $75 for a term of one year or less.  Establishes the
              probation services special fund. 

S.B. 2691     Relating to the Judiciary                 JDC, WAM

              Waives certain filing fees in certain civil enforcement
              proceedings for victims in relation to the deposition of
              convicted defendants.

S.B. 2692     Relating to Salaries                      JDC, WAM
SD1
              Implements the judicial salary commission's recommendation
              to provide salary adjustments for appointed judiciary
              administrative officers.  Provides that the chief justice
              may subsequently determine the salaries of the

 
              administrative officers if based on merit or other
              relevant factors. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
S.B. 2764     Relating to Tobacco Products Report       JDC, WAM
SD1
              Establishes a reporting requirement to enforce a state law
              that requires tobacco product manufacturers who sell
              tobacco products in the State to deposit certain amounts
              into escrow based on the number of cigarettes sold.


Measures previously considered by ECD, Decision Making Only   


S.B. 2221     Relating to Ethanol                       ECD, WAM
  
              Provides a tax credit for the production of ethanol.

S.B. 2473     Relating to the Small Business Defender   ECD, WAM
SD1 
              Gives the small business defender the discretion to refuse
              any case; limits the small business defender's liability;
              moves the small business defender from the legislature to
              B&F; appropriates funds.  

S.B. 2482     Relating to Technology Business Taxation   ECD, WAM
SD1
              Allows biotechnology companies to sell their unused net
              operating loss carryover and unused tax credits to other
              qualified biotechnology companies.  Also extends capital
              loss carryforward for biotechnology companies.  

S.B. 2549     Relating to Energy Conservation Tax Credits  ECD, WAM
SD1
              Repeals sunset date for energy conversion tax credits.  

S.B. 2745     Relating to Aquaculture                   ECD, WAM

              Authorizes the department of agriculture to establish and
              assess fees for aquatic animal and plant health diagnostic
              services, and for any items or expert services purchased
              from the department related to aquaculture planning,
              disease management, and the marketing of seafood. 

S.B. 2779     Relating to State Enterprise Zones        ECD, WAM
SD1
              Specifies biotechnology businesses and certain types of
              call centers as qualified businesses within an enterprise
              zone.  Clarifies eligibility criteria for the EZ
              contractor exemption from the general excise tax (GET).  

S.B. 2948     Relating to High Technology               ECD, WAM
SD1 

 
              Expands and clarifies high technology business incentives
              in the field of law, architecture, accounting, and
              provisions.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
S.B. 3199     Relating to Plant and Non-Domestic Animal  ECD, WAM
SD1 
              Simplifies microorganism import requirements; establishes
              provisions relating to permit requirements; treatment
              shall be at the expense of revolving fund; deletes list of
              prohibited plants.


Measures previously considered by LRE, Decision Making Only


S.B. 2171     Relating to Disaster Relief               LRE, WAM

              Authorizes paid leave for state employees responding to
              disasters for the American Red Cross. 

S.B. 2545     Relating to Glass Recovery                LRE, WAM
              
              Improves the enforceability of the glass advance disposal
              fee program by clarifying the applicability of the statute
              to glass importers and inspection procedures. 

S.B. 2652     Relating to School-to Work                LRE/EDU, WAM

              Continues the development of a school-to-work system in
              Hawaii, including the mechanism for governance,
              management, and distribution of federal and state
              resources. 

S.B. 2746     Relating to Pesticides                    LRE/ECD, WAM
SD1
              Proposes numerous revisions to pesticides regulations.
              Exempts pesticides deregulated by the EPA from regulation
              in Hawaii.                                   

S.B. 2880     Relating to the Environmental Response    LRE, WAM
SD1           Revolving Fund

              Increases the tax on petroleum from five to ten cents per
              barrel.                                      

S.B. 2893     Relating to Minimum Wage                  LRE, WAM

              Increases Hawaii's minimum wage to an amount equal to
              fifty cents above the federal minimum wage. 

S.B. 2879     Relating to Motor Vehicle Tires           LRE, WAM
SD1
              Establishes a program to regulate disposal of motor
              vehicle tires.  Imposes $1 surcharge on all imported tires

 
              which may be used for tire management, collection,
              disposal, recycling, marketing, reuse, and illegal dumping
              prevention programs.  Requires all entities accepting used
              tires to maintain records regarding disposition of the
              tires.                                       

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
S.B. 2905     Relating to Employment Security           LRE, WAM

              Extends sunset date of the Employment and Training Fund
              Program through December 31, 2005. 

S.B. 2971     Relating to Environmental Impact Statements  LRE, WAM

              Amends the environmental impact statement law by amending
              the definition of "environmental impact statement" or
              "statement" to include effects on the cultural practices
              of the community and State; and amending the definition of
              "significant effect" to include adverse effects on
              cultural practices.                          

S.B. 2990     Relating to the Recycling of Batteries    LRE, WAM
SD1
              Provides for the recycling of used lead acid batteries.
  


Measures previously considered by TIA, Decision Making Only


S.B. 2093     Relating to Veterans Rights and Benefits   TIA, WAM
SD1
              Requires the office of veterans services, on request of a
              deceased Filipino veteran's survivor or interested party,
              to make payment directly to a mortuary or crematory for
              funeral/burial services and to transport the veteran's
              remains to the Philippines, upon submission of an unpaid
              invoice; appropriates moneys.  

S.B. 2132     Relating to the Hawaii Procurement Code   TIA/GOH, WAM
SD1
              Defines "state contractor," "state subcontractor," and
              "state resident"; increases the bid preference to state
              residents.    

S.B. 2134     Relating to Agriculture and Animals       ECD/TIA, WAM

              Provides a fee discount for state-required animal
              quarantine charges for active duty mililtary personnel.

S.B. 2299     Relating to Harbors                       TIA/WLH/ECD,
SD1                                                        WAM
              Excludes Piers 1 and 2 at Fort Armstrong from the Kakaako
              community development district. 

 
 
 
 
 
 
S.B. 2300     Relating to Harbors                       TIA, WAM
SD1
              Allows DOT and DLNR to enter into cost-containment
              contracts with private developers for public improvements
              that cost up to $2,000,000 without legislative approval.
              Allows DOT and DLNR to enter into such contracts up to
              $5,000,000 with legislative approval. 

S.B. 2301     Relating to Harbors                       TIA/WLH, WAM
SD1
              Establishes definition for maritime lands. 

S.B. 2303     Relating to Harbors                       TIA/ECD, WAM
SD1
              Transfers certain PSC taxes to the harbor special fund for
              the improvement of cruise ship facilities. 

S.B. 2308     Relating to Taxation                      TIA, WAM
SD1
              Authorizes the reimbursement of general excise tax (GET)
              amounts to counties for GET passed on to the counties. 

S.B. 2317     Relating to Boards of Water Supply        TIA/LRE, WAM
SD1
              Provides certain civil service related powers to boards of
              water supply in counties with a population of more than
              500,000.  

S.B. 3104     Relating to Motor Vehicles                TIA, WAM
SD1
              Provides for the distribution of the monetary assessments
              for motor vehicle violations to the counties for use by
              their police departments.  

Measures previously considered by WLH Decision Making Only


S.B. 2005     Relating to Public Lands                  WLH/ECD, WAM

              Authorizes the department of land and natural resources to
              issue new leases to the existing Banyan Drive lessees,
              subject to certain conditions.

S.B. 2108     Relating to the Public Land Trust         WLH, WAM
SD1
              Requires the auditor to coordinate the resolution of
              public land trust issues.  Requires the auditor to submit
              a progress report to the legislature prior to the 2001

 
 
 
 
 
              regular session and a final report prior to December 31,
              2001.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
S.B. 2109     Relating to the Hawaiian Homes Commission  WLH, WAM
SD1           Act

              Allows department of Hawaiian home lands the authority to
              hire its own staff attorney.  

S.B. 2110     Relating to Hawaiian Home Lands Trust     WLH, WAM
SD1           Individual Claims

              Extends the Hawaiian Home Lands Trust Individual Claims
              Review Panel until December 31, 2002.  Establishes an
              Individual Hawaiian Home Lands Trust Claims Compensation
              Commission to develop funding options to compensate
              successful claimants.  

S.B. 2118     Relating to Historic Preservation         WLH, WAM
SD1

              Establishes a burial site program within DLNR to assist
              island burial councils with their mandated
              responsibilities.  Clarifies and strengthens various laws
              relating to the preservation of native Hawaiian burial
              sites, heiau, and artifacts.  

S.B. 2175     Relating to Conservation                  WLH, WAM
SD1

              Re-establishes the Youth Conservation Corps and authorizes
              the transfer of $500,000 from the natural area reserve
              fund to the DLNR for youths involved in conservation
              programs.  (SD1)

S.B. 2181     Relating to Public Land Trust             WLH, WAM

              Appropriates $16,060,000 to OHA for income and proceeds
              from the pro rata portion of the public land trust to be
              credited toward the States twenty per cent revenues owed
              from the public land trust.

S.B. 2722     Relating to Hawaiian Language Immersion   WLH/EDU, WAM
SD1           Program

              Creates standards for the Hawaiian language immersion
              program. 

S.B. 2843     Relating to the Hawaiian Homes Commission  WLH, WAM
              Act, 1920, As Amended


 
 
 
 
 
              Provides for the more effective administration and
              disposal of Hawaiian home lands .  Clarifies that the
              Department of Hawaiian Home Lands may lease structures
              situated on Hawaiian home lands and provides the
              Department with greater flexibility in disposing of
              Hawaiian home lands to a native Hawaiian or an
              organization or association controlled by native
              Hawaiians.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
S.B. 3122     Relating to Noncommercial Piers           WLH, WAM
SD1

              Allows the BLNR to lease, by direct negotiation and
              without recourse to public auction, state submerged lands
              or lands beneath tidal waters for private residential
              noncommercial piers.  Allows the BLNR to lease these lands
              for noncommercial piers without the approval of the
              governor and the legislature.  


Measures previously considered by GOH, Decision Making Only


S.B. 2021     Relating to Housing                       GOH, WAM
SD1

              Requires assisted housing development owners to give one
              year's notice to tenants if the owner intends to terminate
              a subsidy contract.  Gives tenants or nonprofit
              organizations opportunities to purchase the development if
              the owner of the development has not given notice to sell
              prior to July 1, 2000.  Establishes additional
              requirements for the HCDCH for section 8 assisted housing
              subsidies.  

S.B. 2234     Relating to Procurement of Professional   GOH, WAM
SD1           Services
              Excludes professional services relating to construction
              from the procurement law on procuring professional
              services.  Provides solicitation procedures for
              professionals who provide services relating to
              construction. 

S.B. 2387     Relating to Procurement                   GOH, WAM
SD1

              Enables the Department of Education to sell an assistive
              technology device to a disabled student leaving the public
              school system at price reflecting the depreciable life of
              the device.  

S.B. 2509     Relating to Procurement Practices         GOH/LRE, WAM
SD1

              Requires purchases under contracting law to be awarded to
              vendors who pay prevailing wages.  

S.B. 2576     Relating to State Owned Public Housing    GOH, WAM

 
 
 
 


 
SD1

              Creates statewide tenant advisory board and adds positions
              for tenant representatives on the board of the housing and
              community development corporation of Hawaii.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
S.B. 2598     Relating to Housing                       GOH, WAM
SD1

              Authorizes $10,000,000 in G.O. Bonds and appropriates this
              sum to the Rental Housing Trust Fund and imposes certain
              requirements.  Establishes the Housing and Community
              Development Corporation of Hawaii as a mortgage lender
              under the Hula Mae program in order to provide refinancing
              to Hawaii residents.  

S.B. 2987     Relating to Public Contracts              GOH, WAM

              Adds provision for contractor penalties to the existing
              law that prohibits contractors from withholding more than
              five per cent of the subcontractor's contract price.

S.B. 2988     Relating to Public Contracts and          GOH, WAM
SD1           Procurement

              Imposes penalties on contractors for failing to properly
              pay amounts owed to subcontractors.  

S.B. 3159     Relating to the Housing and Community     GOH, WAM
SD1           Development Corporation of Hawaii

              Applies the landlord-tenant code to the housing and
              community development corporation of Hawaii except for
              lease termination procedures and evictions.  

S.B. 3160     Relating to the Sale of Residential       GOH, WAM
SD1           Condominium Apartments to Owner-Occupants

              Streamlines owner-occupancy sales requirements for
              condominiums.


              PERSONS MAY SUBMIT WRITTEN TESTIMONY ONLY
                 NO ORAL TESTIMONY WILL BE ACCEPTED

Persons wishing to submit written testimony should submit 40 copies of
their testimony to the committee clerk, Room 213, State Capitol, 24 hours
prior to the hearing.  Testimony may also be faxed if less than 5 pages in
length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659
(toll free for neighbor islands), at least 24 hours prior to the hearing.
When faxing, please indicate to whom the testimony is being submitted, the
date and time of the hearing, and the required number of copies needed for
submittal.

 
 
 
 
 
 
 
If you require special assistance or auxiliary aids or services to
participate in the public hearing process (i.e., sign language interpreter,
wheelchair accessibility, or parking designated for the disabled), please
contact the committee clerk 24 hours prior to the hearing so arrangements
can be made.

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



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