HOUSE OF REPRESENTATIVES

THE TWENTY-SECOND LEGISLATURE

REGULAR SESSION OF 2003

COMMITTEE ON CONSUMER PROTECTION AND COMMERCE

Rep. Kenneth T. Hiraki, Chair

Rep. Robert N. Herkes, Vice Chair

Rep. Kirk Caldwell

Rep. Alex Sonson

Rep. Jerry L. Chang

Rep. Joe Souki

Rep. Ken Ito

Rep. Lynn Finnegan

Rep. Ezra R. Kanoho

Rep. Barbara C. Marumoto

Rep. Marilyn B. Lee

Rep. Bud Stonebraker

Rep. Blake K. Oshiro

Rep. Cynthia Thielen

Rep. Marcus R. Oshiro

NOTICE OF HEARING

DATE:

Wednesday, March 12, 2003

TIME:

1:30 p.m.

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

A G E N D A

SB 373

SD1

(SSCR609)

RELATING TO CONDOMINIUM PROPERTY REGIMES.

Clarifies when the mortgagee of record or other purchaser of an apartment is deemed to acquire title and liable to pay the apartment's share of common expenses and assessments, pursuant to a foreclosure of a mortgage for unpaid assessments. (SD1)

CPC, JUD

SB 394

(SSCR583)

RELATING TO CONDOMINIUM PROPERTY REGIMES.

Eliminates the requirement for recording a lien as a condition for an association of apartment owners to recover delinquent maintenance fees from a subsequent purchaser of an apartment, and instead, allows the association to provide a statement of amounts owed prior to the subsequent purchaser's acquisition of title.

CPC, JUD

SB 374

SD1

(SSCR749)

RELATING TO REAL ESTATE.

Defines "de minimis structure position discrepancies", and clarifies that the tolerance used to determine whether or not an encroachment falls within the statute is determined by the use of the affected abutting lot. (SD1)

CPC, JUD

SB 1589

SD1

(SSCR607)

RELATING TO NONPROFIT CORPORATIONS.

Authorizes nonprofit corporations to adopt amendments to articles and bylaws to terminate, redeem, or cancel memberships. Authorizes members of nonprofit corporations to resign at any time, except for members of condominium associations and planned community associations. Authorizes nonprofit corporations to indemnify officers and directors and to advance funds for reimbursement of expenses. (SD1)

CPC

SB 1229

SD1

(SSCR751)

RELATING TO NONPROFIT CORPORATIONS.

Requires certain nonprofit corporations in which the majority of board members are appointed by the State, or whose assets are payable to the State upon dissolution, or whose majority of funds are public funds, to comply with the state Sunshine laws (chapter 92) and the Uniform Information Practices Act (chapter 92F). (SD1)

CPC, JUD

SB 574

SD1

(SSCR795)

RELATING TO CAPTIVE INSURANCE.

Clarifies captive insurance administrator's duties. Establishes insurance examiner positions within the captive insurance branch of DCCA. Appropriates funds. (SB574 SD1)

CPC, FIN

SB 1058

SD1

(SSCR604)

RELATING TO CAPTIVE INSURANCE.

Authorizes the insurance commissioner to approve the investments of a captive insurance company beyond those permitted under the general investment provisions of the insurance code. (SD1)

CPC, JUD

SB 1200

SD1

(SSCR605)

RELATING TO CAPTIVE INSURANCE.

Allows any two principal officers of a captive or the attorney-in-fact of a reciprocal insurer to sign a letter of financial condition. Clarifies the applicability of article III of the insurance code to captives. Makes other clarifications by replacing certain language with more appropriate terminology. (SD1)

CPC

SB 1315

(SSCR802)

RELATING TO INSURANCE FRAUD.

Authorizes the Insurance Fraud Investigative Unit to retain the services of auditors, accountants, paralegals, and other professionals. Clarifies that the Unit's focus on prevention of insurance fraud includes an educational component.

CPC, FIN

SB 1077

SD1

(SSCR585)

RELATING TO CONTINUING EDUCATION FOR INSURANCE LICENSEES.

Increases the records retention requirement for workers' compensation claims from five to eight years. (SD1)

CPC, FIN

SB 1057

(SSCR868)

RELATING TO THE INSURANCE COMMISSIONER.

Authorizes the Governor, rather than the Director of DCCA, to appoint the Insurance Commissioner, subject to the advice and consent of the Senate.

CPC, LMG, JUD

SB 1324

SD1

(SSCR980)

RELATING TO CONCILIATION PANELS.

Requires a claimant or the claimant's attorney to have the claim evaluated by a qualified physician, or make a good faith effort to consult with a qualified physician before claim can be filed with the Medical Claims Conciliation Panel (MCCP). Provides an option to use alternative dispute resolution (ADR) to evaluate a case after initial filing with the MCCP. Permits litigation if dispute not resolved through ADR. Amends the tolling provision of the statute of limitations when claims are filed with an ADR provider, and reduces the processing time from 18 months to 12 months. (SD1)

CPC, JUD

SB 1319

SD1

(SSCR587)

RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT.

Replaces Uniform Limited Partnership Act with modified version of 2001 Revised Uniform Limited Partnership Act. Makes conforming amendments to related statutory provisions. (SD1)

CPC, JUD, FIN

SB 1262

SD1

(SSCR876)

RELATING TO PROCUREMENT.

Requires that all offerors bidding on state contracts be incorporated or organized under the laws of the State and comply with all applicable state employment laws. Requires a pre-bid conference to be held at least fifteen days prior to submission of bids or proposals pursuant to section 103D-302 or 103D-303 for construction or design-build projects with a total contract value of $100,000 or greater. Establishes a Procurement Institute to improve and enhance the efficiency, integrity and transparency of the State procurement process. Provides that design professional services may only be procured under section 103D-304, Hawaii Revised Statutes, or pursuant to emergency procurement procedures. Requires that an independent selection committee rank the applying professional service providers according to relevant criteria. Requires the awarding procurement official to negotiate award of the contract with the providers in the rank order set by the committee. Requires equal distribution of contract awards where providers hold the same qualifications or ranking. Repeals state taxpayer procurement preference. (SD1)

CPC, FIN

SB 1261

(SSCR902)

RELATING TO PROCUREMENT CARD PAYMENTS.

Allows purchases of goods and services to be made through the use of State-approved procurement cards.

CPC, FIN

SB 1553

SD1

(SSCR756)

RELATING TO MORTGAGE BROKERS AND SOLICITORS.

Exempts from the licensing laws for mortgage brokers and solicitors those developers of time share plans who make purchase money loans to purchasers of time share interests in time share plans. (SD1)

CPC, FIN

SB 1533

SD2

(SSCR658)

RELATING TO TAXATION.

Requires excise tax exemption on assessments by condominium associations and other homeowner associations to also apply to time share associations. (SB1533 SD2)

CPC, FIN

SB 1306

(SSCR606)

RELATING TO TELECOMMUNICATIONS RELAY SERVICES.

Authorizes the PUC to establish a surcharge to collect customer contributions for telecommunications relay services; clarifies that the PUC shall require intrastate telecommunications carriers to file a schedule or rates and charges and every provider of telecommunications relay service to maintain a separate accounting for the costs of providing telecommunications relay services for the deaf, and persons with hearing and speech disabilities

CPC, FIN

     

 

DECISION MAKING TO FOLLOW

PERSONS WISHING TO TESTIFY ARE REQUESTED TO LIMIT ORAL TESTIMONY TO 3 MINUTES AND TO SUBMIT 35 COPIES OF THEIR TESTIMONY AT LEAST 24 HOURS PRIOR TO THE HEARING TO: (1) THE COMMITTEE'S VICE CHAIR IN ROOM 419, STATE CAPITOL, OR (2) THE HOUSE SGT.-AT-ARMS TESTIMONY DROP BOX IN THE TURNAROUND AREA OF THE CAPITOL BASEMENT PARKING LOT. TESTIMONY MAY BE FAXED TO THE HOUSE SGT.-AT-ARMS OFFICE AT: 586-6501 (OAHU) OR 1-800-535-3859 (NEIGHBOR ISLANDS). WHEN FAXING, PLEASE INDICATE TO WHOM THE TESTIMONY IS BEING SUBMITTED, THE DATE AND TIME OF THE HEARING, AND THE REQUIRED NO. OF COPIES THAT ARE NEEDED FOR SUBMITTAL.

IT IS ALSO REQUESTED THAT THE COPIES BE ON ONE SIDE OF AN 8-1/2" X 11" SHEET. FOR FURTHER INFORMATION, PLEASE CALL THE CPC COMMITTEE CLERK AT 586-6180.

IF YOU REQUIRE SPECIAL ASSISTANCE OR AUXILIARY AIDS AND/OR SERVICES TO PARTICIPATE IN THE PUBLIC HEARING PROCESS OF THE STATE HOUSE (I.E., SIGN LANGUAGE INTERPRETER, WHEELCHAIR ACCESSIBILITY, OR PARKING DESIGNATED FOR THE DISABLED), PLEASE CONTACT THE COMMITTEE CLERK AT LEAST 24 HOURS PRIOR TO THE HEARING SO ARRANGEMENTS CAN BE MADE.

 

________________________________________

Rep. Kenneth T. Hiraki

Chair