COMMITTEE ON CONSUMER PROTECTION AND COMMERCE AND COMMITTEE ON JUDICIARY AND HAWAIIAN AFFAIRS

Thursday, March 15, 2001

2:00 pm

Conference Room 325; State Capitol

AGENDA:

SB 97

(SSCR 809)

relating to telemarketing fraud.

Creates a criminal offense of telemarketing fraud involving use at least in part of a telephone and involving direct or implied claims of receiving anything of value or of recovering losses from a prize promotion.

CPC/JHA

SB 992

SD2

(SSCR 729)

RELATING TO TOBACCO.

Establishes the cigarette tax stamp enforcement special fund and the cigarette tax stamp administrative special fund. Prohibits the resale of cigarettes purchased at sales outlets operated under the regulations of the Armed Services of the United States. Creates a presumption that all cigarettes are subject to the cigarette tax. Makes appropriations.

CPC/JHA,FIN

SB 1073

SD1

(SSCR 769)

RELATING TO TRAVEL SERVICES.

Specifies grounds for registration denial, establishes recordkeeping standards for client trust accounts, prohibits specific consumer harms, authorizes action against a registration, and establishes legal remedies.

CPC/JHA,FIN

SB 1078

SD1

(SSCR 615)

RELATING TO THE UNIFORM SECURITIES ACT.

Updates securities provisions to provide greater certainty in the capital formation process involving limited offerings, and provides a new transactional exemption mirroring the federal law involving stock options as compensation.

CPC/JHA

SB 1276

SD1

(SSCR 930)

relating to cybersquatting.

Prohibits the bad faith registration of domain names on the Internet.

CPC/JHA

SB 940

(SSCR 1005)

relating to insurance unfair practices.

Deletes exemption for mutual benefit societies and health maintenance organizations from unfair methods of competition and unfair or deceptive acts or practices for refusing to provide or limiting coverage to an individual having a third-party claim for damages.

CPC/JHA,FIN

SB 1068

SD1

(SSCR 719)

RELATING TO PRODUCER LICENSING.

Adopts the National Association of Insurance Commissioners' Producer Licensing Model Act, effective July 1, 2050.

CPC/JHA,FIN

SB 1550

SD2

(SSCR 900)

relating to insurance.

Enacts new article governing the treatment of nonpublic personal financial information about individuals by all health insurance companies, mutual benefit societies, and health maintenance organizations; effective 7/1/2050.

CPC/JHA

SB 1077

SD1

(SSCR 820)

RELATING TO TRADEMARKS.

Enacts Model State Trademark Law.

 

 

CPC/JHA

CPC only:

   

SB 1349

SD1

(SSCR 808)

relating to mutual benefit societies.

Deletes obsolete statutory references from mutual benefit societies law relating to incorporation.

CPC

SB 630

SD1

(SSCR 981)

RELATING TO INTOXICATING LIQUORS.

Authorizes reciprocal shipping of intoxicating liquor under specified conditions.

CPC,FIN

SB 900

SD2

(SSCR 838)

relating to liquor license applications.

As to liquor law, clarifies what items shall be included in the investigator's report and to whom a copy of that report shall be furnished; clarifies procedures for protests concerning applications for liquor licenses; clarifies denials in areas near schools and playgrounds.

CPC,FIN

SB 841

(SSCR 685)

RELATING TO CHECK CASHING.

Makes permanent, by repealing the drop-dead date, the law imposing notice requirements and fee limits on persons who are in the business of check cashing.

CPC

SB 171

SD2

(SSCR 810)

relating to health insurance reimbursement.

Defines a "clean claim" for health insurance reimbursement purposes. Requires health insurers to have a system to verify enrollee eligibility. Requires health insurers to file quarterly reports on unpaid claims with the Insurance Commissioner.

CPC

SB 264

SD1

(SSCR 767)

RELATING TO CERTIFICATION FOR TAX EXEMPTION.

Redefines "deaf" for state income tax purposes, allowing licensed audiologists to certify impairment of deafness.

CPC,FIN

SB 1060

SD1

(SSCR 70)

RELATING TO ESCROW DEPOSITORIES.

Codifies confidentiality requirements for applications and records. Conforms voluntary termination procedures. Establishes procedures for branch closings and termination of operations. Authorizes fees for record searches and fee changes by rule.

CPC,FIN

SB 1061

SD1

(SSCR 636)

RELATING TO REAL ESTATE BROKERS.

Provides for reasonable experience requirements for real estate broker candidates, streamlines regulatory requirements for condominium hotel operators, and clarifies the requirement of fidelity bond information for condominium managing agents.

CPC

SB 1062

SD1

(SSCR 609)

RELATING TO THE CONVERSION OF PROFESSIONAL AND VOCATIONAL LICENSES.

Allows the conversion of the professional and vocational license of a business entity that has been converted into a new entity.

CPC

SB 1069

SD1

(SSCR 612)

RELATING TO INSURANCE.

Corrects incorrect cross references and clarifies consumer notice requirements to ease compliance with and enforcement of the new replacements.

CPC

SB 1070

SD1

(SSCR 856)

RELATING TO CONTINUING EDUCATION COURSES AND COURSE PROVIDERS FOR INSURANCE LICENSEES.

Specifies fees of the Insurance Commissioner for continuing education courses and course providers for insurance licensees.

CPC,FIN

SB 1066

SD1

(SSCR 806)

RELATING TO INSURANCE.

Establishes higher minimum net worth requirements for mutual benefit societies and health maintenance organizations.

CPC

SB 1071

(SSCR 613)

RELATING TO INSURANCE.

Clarifies bond and errors and omissions insurance policy requirements for managing general agents and reinsurance intermediary managers.

CPC

SB 937

(SSCR 640)

relating to motor vehicle insurance.

Limits assigned claims when there is no liability or uninsured motorist insurance benefits; deletes the owner, operator, or passenger of a motorcycle or motor scooter or a pedestrian involved in an accident with a motorcycle or motor scooter from disqualification from receiving assigned claim benefits.

CPC

SB 939

SD1

(SSCR 608)

relating to motor vehicle insurance.

Allows an insurer providing underinsured motorist coverage to assert a subrogation right against a third-party tortfeasor.

CPC

 

SB 591

SD2

(SSCR 768)

relating to occupational therapists.

Replaces current system of occupational therapist (O.T.) regulation with new regulatory scheme that requires a license to use the O.T. designation. Repeals law on July 1, 2005.

CPC,FIN

Decision making to follow.

 

COMMITTEE ON EDUCATION

Thursday, March 15, 2001

2:00 pm

Conference Room 329; State Capitol

AGENDA:

SB 94

(SSCR 682)

(Companion measure: HB 2)

RELATING TO EDUCATION.

Proposes to make the student member of the Board of Education a voting member, with the exception that the student member shall not be permitted to vote upon matters regarding personnel.

EDN, JHA, FIN

SB 1580

SD2

(SSCR 962)

(Companion measure: HB 478)

relating to education.

Proposes amendments to the state constitution to authorize issuance of special purpose revenue bonds and use of proceeds to assist not-for-profit private and secular elementary schools and secondary schools serving the general public and selected in a nondiscriminatory manner on the basis of neutral, secular criteria.

EDN, JHA, FIN

SB 523

SD1

(SSCR 877)

(Companion measure: HB 475)

relating to appointed public officials.

Includes deputy superintendent in the group of DOE officials whose salary shall be set by the board and removes the deputy superintendent from the statutorily set salary provision. Repeals the salary range set by statute for the deputy district superintendents.

EDN, FIN

SB 1364

SD1

(SSCR 664)

RELATING TO TEACHERS.

Appropriates funds for tuition reimbursement for Department of Education teachers who pursue continuing education for professional development.

EDN, FIN

Decision making to follow.

 

COMMITTEE ON CONSUMER PROTECTION AND COMMERCE

Thursday, March 15, 2001

4:45 pm

Conference Room 325; State Capitol

AGENDA:

SB 1067

SD1

(SSCR 836)

RELATING TO LIMITING HURRICANE PROPERTY INSURANCE RISK.

Requires risks among hurricane property insurers to be spread as much as possible so that in case of a catastrophic event, the financial health of these insurers are minimally exposed; effective 7/1/2050.

CPC

Decision making to follow.

 

COMMITTEE ON HUMAN SERVICES AND HOUSING

Friday, March 16, 2001

8:30 am

Conference Room 329; State Capitol

AGENDA:

SB 123

SD1

(SSCR 634)

(Companion measure: HB 73)

RELATING TO HOUSING.

Appropriates moneys for homeless assistance programs.

 

HSH, FIN

SB 331

SD2

(SSCR 535)

RELATING TO Housing.

Requires that public housing tenants be evicted through the judicial process. Retains tenant grievance procedure, but eliminates termination hearing and administrative appeal.

HSH, JHA

SB 1103

(SSCR 907)

(Companion measure: HB 628)

RELATING TO FOSTER BOARD ALLOWANCES FOR STUDENTS.

Clarifies that higher education board allowances are available to eligible persons who were formerly foster children.

HSH, HED, FIN

SB 1112

(SSCR 983)

(Companion measure: HB 637)

RELATING TO OHANA CONFERENCING.

Encourages the consideration of "ohana conferencing" as a practice in the resolution of child protective cases.

HSH, JHA, FIN

Decision making to follow.

 

COMMITTEE ON TOURISM AND CULTURE

Friday, March 16, 2001

8:30 am - 11:30 am

Conference Room 325; State Capitol

AGENDA:

SB 173

SD2

(SSCR 619)

relating to time sharing plans.

Excludes persons employed by or under contract to licensed real estate brokers or registered acquisition agents from definition of "acquisition agent" in time share law. Clarifies that sales agents and acquisition agents are responsible for actions of their Outside Public Contacts.

TAC, CPC

SB 174

(SSCR 620)

RELATING TO TIME SHARING PLANS.

Exempts mutual right to cancel within seven calendar days and disclosure statement requirements on offers and sales outside of Hawaii of time share units located in Hawaii.

TAC,CPC

SB 175

SD2

(SSCR 621)

RELATING TO TIME SHARING PLANS.

Eliminates requirement that a sales agent register regarding the time sharing plan the agent is selling; eliminates requirement that an acquisition agent licensed under chapter 467, HRS, register under the time share chapter.

TAC, CPC

SB 176

(SSCR 622)

RELATING TO TIME SHARING PLANS.

Repeals requirement that a time sharing plan agent wear an identification badge while off-premises and engaging in acquisition or sales agent activity.

TAC, CPC

SB 178

SD2

(SSCR 623)

relating to condominium property regimes.

Requires time share plans located in a condominium project to register with the real estate commission; exempts time share projects from the supplementary public report, disclosure, and delivery of public report requirements applicable to condominium sales.

TAC, CPC

SB 180

SD2

(SSCR 624)

relating to time sharing plans.

Provides DCCA with flexibility in determining appropriate disclosures for promotional literature and other printed material.

TAC, CPC/JHA

SB 274

SD1

(SSCR 55)

relating to the hawaii tourism authority.

Requires the Hawaii Tourism Authority to establish a registry of groups of Hawaii residents traveling to out-of-state destinations to promote and market Hawaii as a tourist destination. Allows the authority to enter into agreements with and award grants to these groups.

TAC, FIN

SB 336

SD3

(SSCR 886)

RELATING TO Tourism.

Repeals the Hawaii Tourism Authority effective 6/30/03. Requires the auditor to conduct a financial audit of the authority.

TAC, FIN

SB 1033

SD3

AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING AN APPROPRIATION FOR THE BERNICE PAUAHI BISHOP MUSEUM, OAHU.

Authorizes the issuance of, and appropriates, $0 in general obligation bonds for each of the fiscal years 2001-2002 and 2002-2003 to support the relocation of Bishop Museum's Science Learning Center.

TAC, FIN

Decision making to follow.

 

COMMITTEE ON WATER AND LAND USE AND COMMITTEE ON AGRICULTURE

Friday, March 16, 2001

8:30 am

Conference Room 312; State Capitol

AGENDA:

SB 623

SD1

(SSCR 632)

RELATING TO PUBLIC LANDS.

Authorizes issuance of a lease extension or new lease to agriculture lessees without a public auction.

WLU/AGR, FIN

SB 796

SD1

(SSCR 1009)

RELATING TO STATE AND COUNTY TORT LIABILITY.

Provides the State, counties, and lifeguards immunity from liability against damages arising from the acts or omissions of lifeguards while performing emergency lifeguard services.

WLU, JHA

SB 981

SD1

(SSCR 826)

RELATING TO THE BOARD OF LAND AND NATURAL RESOURCES.

Requires vote of simple majority of members of board of land and natural resources present and qualified to vote in order to approve of district permits and site plans.

WLU, FIN

SB 633

(SSCR 997)

MAKING AN APPROPRIATION TO MATCH FEDERAL FUNDS FOR THE HAWAII FORESTRY AND COMMUNITIES INITIATIVE.

Appropriates funds to match federal funds for Hawaii Forestry and communities initiatives.

WLU, FIN

SB 1030

SD2

(SSCR 888)

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

Allows HCDA to issue special facility revenue bonds for eligible projects, including an ocean science center, in the Kakaako community development district.

WLU, FIN

SB 1013

SD3

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

Increases HCDA's tax-exempt public facilities revenue bond authorization by $ _____, to a total authorization of $ _____.

WLU, FIN

SB 1028

SD2

(SSCR 915)

RELATING TO COMMUNITY DEVELOPMENT DISTRICTS.

Requires HCDA to develop a consolidation plan for re-developing the Kalaeloa Community Development District from the Barbers Point Naval Air Station Redevelopment Commission to the Hawaii Community Development Authority.

WLU, FIN

SB 1168

(SSCR 703)

RELATING TO THE BUREAU OF CONVEYANCES.

Revises land recording requirements to facilitate the recording process in the Bureau of Conveyances.

WLU, FIN

SB 1007

(SSCR 710)

RELATING TO NONCONSENSUAL COMMON LAW LIENS.

Requires for nonconsensual common law liens that a claim of lien against a private party filed with the land court and the bureau of conveyances must be accompanied by a certified order from a state or federal court of competent jurisdiction authorizing the filing of the lien to be valid.

WLU, JHA

SB 1452

SD1

(SSCR 967)

RELATING TO LAND COURT.

Makes general housekeeping amendments to the land court law.

WLU, JHA

Decision making to follow.

 

 

COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Friday March 16, 2001

9:10 am

Conference Room 309; State Capitol

AGENDA:

SB 16

SD1

(SSCR 737)

RELATING TO MEDICAL FEE SCHEDULES.

Changes current medical fee schedule for workers’ compensation reimbursement from 110% of Medicare to the annually adjusted federal workers’ compensation medical fee schedule for use in Hawaii.

LAB,CPC,FIN

SB 1144

SD2

(SSCR 792)

RELATING TO MINIMUM WAGE.

Increases the minimum wage; deletes reference to tip credit.

LAB,FIN

SB 1240

SD1

(SSCR 329)

RELATING TO PUBLIC CONTRACTS.

Requires contractors under a public contract to provide their employees with specified minimum wages and days off. Provides for enforcement and penalties.

LAB,FIN

SB 24

SD2

(SSCR 384)

RELATING TO PUBLIC EMPLOYMENT.

Enables public agencies to conduct experimental modernization projects this year instead of waiting for the Civil Service Reform Act (Act 253, SLH 2000) to take effect. Amends the experimental modernization project section of the Civil Service Reform Act to ensure flexibility in the application of personnel policies.

LAB,FIN

SB 706

SD1

(SSCR 688)

relating to state government.

Extends the sunset date of Act 230, Session Laws of Hawaii 1998, relating to the exemption from the effect of Konno v. County of Hawaii, from 6/30/01 to 6/30/03.

LAB,FIN

SB 1096

SD1

(SSCR 1004)

RELATING TO GOVERNMENT.

Gives state and county agencies the discretion to determine whether or not it is in the public's interest to allow a private contractor to provide necessary services.

LAB,FIN

SB 849

SD1

(SSCR 741)

relating to collective bargaining.

Restricts an arbitration panel's ability to factor in certain sources of revenue when determining salary and wage adjustments in collective bargaining agreements.

LAB,FIN

SB 850

(SSCR 787)

relating to collective bargaining.

Repeals mandatory arbitration for all collective bargaining units except firefighters and police officers. Restores right to strike for those units.

LAB,FIN

SB 749

SD2

(SSCR 778)

relating to the hawaii public procurement code.

Defines "state resident," "state contractor," and "state subcontractor;" increases bid preference for state contractors and subcontractors.

LAB,FIN

SB 263

(SSCR 812)

relating to unlicensed contractors.

Requires unlicensed contractors (when found) from keeping moneys paid to them and require reimbursement of these moneys in a civil action to recover for work done. Failure to obtain a license is deemed unfair or deceptive practice if unlicensed contractor is found to violate chapter on restraint of trade.

LAB,CPC/JHA

SB 28

(SSCR 817)

RELATING TO DISLOCATED WORKERS.

Extends employer notification of a closing, partial closing, or relocation from forty-five to ninety days.

LAB,FIN

SB 446

SD1

(SSCR 875)

RELATING TO UNEMPLOYMENT COMPENSATION.

Clarifies exclusion for student workers. Extends unemployment insurance benefits of dislocated Amfac Kauai Sugar employees for an additional six months.

LAB,FIN

SB 932

SD1

(SSCR 696)

relating to government.

Prohibits preferences in government contracts, programs, services, and workforce policies that affect parental roles in children's health, welfare, and education, that favor one parent over another.

LAB,JHA,FIN

Decision making to follow.