COMMITTEE ON CONSUMER PROTECTION AND COMMERCE

Wednesday, January 29, 2003

2:15 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 593

RELATING TO REAL ESTATE.

Assigns the encroachment tolerance of the classified property to the encroaching unclassified property, when the unclassified property is owned or leased in common by an owner's association.

CPC

HB 594

RELATING TO THE PUBLIC UTILITIES COMMISSION.

Excludes from the jurisdiction of the public utilities commission wireless communication services.

CPC, FIN

HB 595

RELATING TO CHECK CASHING.

Lengthens the time check cashers may defer check deposits from 31 to 32 days; increases the maximum fee for personal check deferred deposits from 15 to 20 percent; authorizes concurrent, multiple transactions with one customer where checks aggregate $600 or less; increases the fee allowed for dishonored checks from $20 to $25.

CPC

HB 655

RELATING TO CREDIT CARDS.

Prohibits as an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce, increasing the credit limit of a state resident credit card holder without first obtaining the holder's consent.

CPC, JUD

HB 736

RELATING TO PROFESSIONAL AND VOCATIONAL LICENSES.

Prohibits a governmental entity that administers student loans from certifying to a professional or vocational licensing board that a person is in default of a student loan unless the governmental entity obtains a judgment from a court that specifies the exact amount of the default.

CPC, JUD

HB 929

RELATING TO CONDOMINIUM PROPERTY REGIMES.

Establishes the time in which a nonjudicial foreclosure of a condominium unit is effective for the purposes of having the new owner pay the owner's share of common assessments and expenses.

CPC, JUD

HB 1339

RELATING TO CONDOMINIUM PROPERTY REGIMES.

Extends sunset date for provision making subsequent purchasers of a condominium responsible for delinquent common assessments. Allows notice of the amount, rather than a lien for the amount, to be provided.

CPC

HB 1025

RELATING TO CIGARETTE RETAILERS AND MANUFACTURERS.

Prohibits contracts or agreements between cigarette manufacturers and retailers that require retailers to allocate or allot display, signage, or other advertising space to the manufacturer as condition of participating in promotions and discounts.

CPC, FIN

HB 1098

RELATING TO THE UNIFORM INFORMATION PRACTICES ACT.

Requires the redaction of social security numbers from certified payroll records prior to their disclosure.

CPC, JUD

HB 1099

RELATING TO THE UNIFORM INFORMATION PRACTICES ACT.

Adds social security numbers to the non-exhaustive list of examples of information in which an individual has a significant privacy interest.

CPC, JUD

HB 1100

RELATING TO THE UNIFORM INFORMATION PRACTICES ACT.

Adds a definition for the term "accessible" found in section 92F-21, to clarify the extent of the agency's records disclosure duties.

CPC, JUD

HB 1102

RELATING TO PROCUREMENT CARD PAYMENTS.

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

CPC, FIN

HB 1103

RELATING TO PROCUREMENT.

Establishes contracting preferences to enhance competition and promote the growth and development of small businesses. Section 5 requires the adoption of procurement rules and procedures to identify and set aside contracts suited for performance by small businesses that otherwise would not be able to obtain government contracts. Section 2 also requires that solicitations for certain large contracts include evaluation criteria that will encourage prime contractors to subcontract and maximize the involvement of Hawaii small businesses. Establishes a Procurement Institute to improve and enhance the efficiency, integrity and transparency of the State procurement process. Makes technical amendments to the sealed bidding provisions of the Procurement Code. Requires that an independent selection committee rank the applying professional service providers according to relevant criteria. And requires the awarding procurement official to negotiate award of the contract with the providers in the rank order set by the committee. Establishes contracting preferences to promote training and employment opportunities for disabled persons. Will allow agencies to make non-competitive awards of contracts for construction valued at $500,000 or less to organization serving disabled people.

CPC, FIN

HB 1114

RELATING TO TOBACCO.

Refines the enforcement responsibilities of the Department of the Attorney General regarding enforcement of the tobacco master settlement agreement, cigarette tax stamping requirements, the "gray market" enforcement requirements, and tobacco reporting requirements.

CPC, JUD

HB 1160

RELATING TO THE EXAMINATION FOR LICENSURE AS A CERTIFIED PUBLIC ACCOUNTANT.

Authorizes the Board of Public Accountancy to utilize computer-based testing.

CPC

HB 1161

RELATING TO PSYCHOLOGIST LICENSING REQUIREMENTS.

Provides for acceptance of the Certificate of Professional Qualification in Psychology issued by the Association of State and Provincial Psychology Boards, or the credential issued by the National Register of Health Service Provides in Psychology as evidence of meeting minimum qualifications for licensure in this State.

CPC

HB 1162

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

HB 1163

RELATING TO DENTAL INSURANCE.

Allows the Insurance Division to continue its work on the liquidation of The Hawaii Dental Health Plan, and to protect the public from the risks associated with the financial failure of dental service organizations and corporations.

CPC, FIN

HB 1165

RELATING TO BUSINESS REGISTRATION.

Updates and clarifies Hawaii's business registration laws to reflect modern business practices and department filing procedures.

CPC, JUD, FIN

HB 1166

RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT.

Updates Hawaii's Limited Partnership Act.

CPC, JUD, FIN

HB 1171

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. Provides options for parties who prefer to utilize forums other than the MCCP to evaluate their cases, while still requiring that the claim be evaluated by a qualified physician, or that a good faith effort made to consult with a qualified physician before a lawsuit based on the claim can be filed with the courts. Amends the tolling provision of the statute of limitations when claims are filed with the court-approved programs, and reduces the processing time from 18 months to 12 months.

CPC, JUD

HB 1172

RELATING TO THE UNIFORM SECURITIES ACT.

Updates and clarifies Hawaii's securities laws by exempting banks, saving institution, and trust companies from dealer registration requirements.

CPC

 

HB 1259

RELATING TO THE UNIFORM COMMERCIAL CODE.

Replaces article 1 of Uniform Commercial Code with a new article 1; makes conforming amendments.

CPC

Decision making to follow.

 

COMMITTEE ON ECONOMIC DEVELOPMENT AND BUSINESS CONCERNS

Thursday, January 30, 2003

8:30 a.m.

Conference Room 325; State Capitol

AGENDA:

HB 21

RELATING TO CORPORATE DISCLOSURE.

Requires: (1) department of taxation to report on tax benefits for development assistance programs; (2) counties to disclose real property tax reductions and abatements; (3) disclosure of development assistance; (4) recapture of assistance from recipients who fail to achieve jobs, wage, and benefit goals.

EDB, LAB, FIN

HB 131

RELATING TO TAXATION.

Provides for a state earned income tax credit.

EDB, FIN

HB 152

RELATING TO TAXATION.

Establishes an income tax credit for revitalization of older commercial facilities, including retail, hotel, warehouse, and industrial facilities; provided that either the facility or the commercial district where the facility is located is at least twenty-five years old; projects over $2,500,000 required to pay prevailing wages under chapter 104, Hawaii Revised Statutes.

EDB, FIN

HB 521

RELATING TO AN ANNUAL GENERAL EXCISE TAX HOLIDAY.

Establishes an annual general excise tax holiday for consumers and businesses that sell goods with a retail price under $100 on condition that businesses pass the savings on to consumers.

EDB, FIN

HB 643

RELATING TO GENERAL EXCISE TAX.

Exempts contractors from the general excise tax for commercial construction or improvement.

EDB, FIN

HB 650

RELATING TO TAXATION.

Establishes an investment and improvements income tax credit for qualifying small businesses.

EDB, FIN

HB 719

RELATING TO TAXATION.

Exempts amounts received as grants in the form of reimbursements for expenditures from an economic development program sponsored by a federal, state, county, or nonprofit organization from imposition of the general excise tax. Applies to amounts received after December 31, 1999, and allows any credits to be applied to the taxpayer's general excise tax liability in subsequent years until exhausted.

EDB, FIN

HB 1066

RELATING TO THE TELEVISION INDUSTRY AND ECONOMIC DEVELOPMENT.

Establishes a tax credit to assist qualifying local television producers in attracting advertisers.

EDB, FIN

HB 1353

RELATING TO INCOME TAX CREDITS.

Allows income tax credit for qualified commercial construction projects of four percent for projects costs up to $10 million, and ten per cent for project costs exceeding $10 million over a consecutive five-year period.

EDB, FIN

HB 1394

RELATING TO TAXATION TO STIMULATE THE ECONOMY.

Provides a tax credit for large-scale construction projects.

EDB, FIN

Decision making to follow.

 

COMMITTEE ON HEALTH

Thursday, January 30, 2003

8:30 a.m. – 11:30 a.m.

Conference Room 329; State Capitol

AGENDA:

HB 2

RELATING TO SMOKING.

HLT, EDN, JUD

 

Prohibits smoking in restaurants and workplaces except for hotel rooms, nightclubs and certain bars.

 

 

 

HB 4

RELATING TO THE REGULATION OF TOBACCO PRODUCTS.

HLT, JUD, FIN

 

Requires tobacco manufacturers to report yearly to DOH on added constituents and nicotine in tobacco products. Requires DOH to investigate public health risks and develop standards to reduce risks associated with exposure to these constituents. Deletes tobacco products from definition of "consumer community."

 

HB 343

RELATING TO TOBACCO PRODUCTS.

Creates statewide licensure mechanism for retail tobacco

HLT,

CPC/JUD, FIN

 

sales that provide for licensing retail tobacco vendors, inspectors and enforcement, adjudication of fines and penalties, training and education for retail merchants and public awareness of the state's statute governing the sale of tobacco to minors.

 

HB 136

RELATING TO MEDICALLY ACCURATE SEX EDUCATION.

HLT, EDN, FIN

 

Requires recipients of state funding that provide information or offer programs regarding sex education to provide medically accurate, factual information, that is age-appropriate and includes education on both abstinence and contraception.

 

HB244

RELATING TO HEALTH.

HLT, EDN, FIN

 

Appropriates $1,563,900 in FY 2003-2004 and $1,563,900 in FY 2004-2005 to fund registered nurses to provide school health services to public schools. Requires creation of permanent nursing positions and DOH to fund them within DOH's budget beginning 7/1/05 without use of separate appropriation.

 

HB 273

RELATING TO PSYCHIATRIC DRUGS FOR CHILDREN.

HLT, EDN, JUD

 

Denies as grounds to place a child into protective custody, the refusal by a parent or guardian to administer or consent to administer psychiatric drugs to a child in school unless the refusal causes the child to be harmed or be subject to imminent harm.

 

HB 263

RELATING TO HEALTH INSURANCE REIMBURSEMENTS.

HLT, CPC, FIN

 

Requires health insurance coverage for services and hearing aids under Chapter 451A, HRS, relating to hearing aid dealers and fitters.

 

HB 731

RELATING TO WORKERS' COMPENSATION.

HLT, LAB, CPC

 

Amends the definition of "medical care," "medical services" or "medical supplies" in the workers' compensation law to include services provided by occupational therapists and occupational therapy assistants, replaces reference to "masseur" with "licensed massage therapist."

 

HB 877

RELATING TO TEMPORARY HEALTH INSURANCE FOR UNEMPLOYED PERSONS.

HLT, LAB, FIN

 

Provides temporary health insurance for unemployed persons who lose their health insurance due to an economic emergency.

 

HB 1168

RELATING TO MENTAL HEALTH.

HLT, CPC, FIN

 

Expands the definition of "serious mental illness" to enable individuals afflicted with serious mental illness to access the necessary treatment by continuing the parity reimbursement and treatment requirements for serious mental illness. Adds delusional disorder, bipolar types I and II, major depression, obsessive compulsive disorder and dissociate disorder as serious mental illnesses.

 

HB 1412

RELATING TO PROFESSIONAL COUNSELORS.

HLT, CPC, FIN

 

Establishes a professional counselors licensing program effective 7/1/05, subject to the accumulation of a minimum $43,000 in a startup trust fund by 10/1/04. Requires DCCA to report on the fund to the 2004 Legislature.

 

HB 853

RELATING TO ACUPUNCTURE.

HLT, CPC, FIN

 

Allows licensed medical and osteopathic physicians to be certified to practice acupuncture in Hawaii of they have completed certification courses and passed a certification examination required by the board of acupuncture.

 

Decision making to follow.

 

 

COMMITTEE ON PUBLIC SAFETY AND MILITARY AFFAIRS

Thursday, January 30, 2003

9:00 a.m.

Conference Room 309; State Capitol

AGENDA:

HB 172

RELATING TO HURRICANE SHELTERS.

PSM,EDN,FIN

 

Allows the State and counties to designate buildings that shall comply with criteria for hurricane-resistant shelters.

 

HB 958

RELATING TO PUBLIC SHELTERS.

PSM,CPC,FIN

 

Appropriates $2,000,000 per year for fiscal years 2003-2004 and 2004-2005 from both the general revenues of the State of Hawaii and the interest of the Hawaii Hurricane Relief Fund to increase the number of public shelters by retrofitting public buildings with the installation of hurricane protective measures.

 

HB 331

RELATING TO THE DEPARTMENT OF PUBLIC SAFETY.

PSM,FIN

 

Appropriates funds for department of public safety's drug treatment programs statewide.

 

HB 1477

RELATING TO THE SENTENCING SIMULATION MODEL PROJECT.

PSM,JUD,FIN

 

Appropriates funds for fiscal biennium 2003-2004 to 2004-2005, to continue the sentencing simulation model project.

 

HB 298

RELATING TO CORRECTIONAL FACILITIES.

PSM,JUD,FIN

 

Directs the Governor to expand the existing Halawa Correctional Facility to transfer Oahu Community Correctional Center (OCCC) inmates there and to raze and build new facilities on the OCCC property for a drug treatment center.

 

HB 1643

RELATING TO PRISON ALTERNATIVES.

PSM/JUD, FIN

 

Establishes a pilot program for alternative incarceration and appropriates funds for puuhonua healing centers.

 

 

 

HB 1499

RELATING TO MANAGEMENT OF PRISONS.

PSM,LAB,FIN

 

Provides that the development and management of in-state correctional facilities be subject to the managed competition process. Eliminates requirement for legislative approval for agreements relating to out-of-state correctional facilities to house Hawaii inmates.

 

HB 1620

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

PSM,LAB,FIN

 

Gives current deputy sheriffs of the department of public safety the option of converting from class C to class A members of the ERS. Allows deputy sheriffs to retire without penalty after 25 years of service in that capacity. Provides that all deputy sheriffs hired after 6/30/03 are designated class A members.

 

HB 134

RELATING TO CORRECTIONS.

Requires that the range and quality of programming offered

PSM/HSH,JUD,

FIN

 

to women in corrections be substantially equivalent to the range and quality of programs offered to males. Requires office of youth services to develop and implement gender-responsive community-based programs for adjudicated females. Appropriates $.