HB 52

HD1

RELATING TO CHILD PASSENGER SAFETY.

Requires drivers to place passengers under four years of age in a child passenger restraint system and passengers who are four and less than eight years of age and under 80 pounds in a child safety seat or booster seat. Provides certain exception for children over forty pounds.

RELATING TO CHILD ENDANGERMENT.

Establishes the offense of endangering the welfare of a child in a motor vehicle.

RELATING TO CHILD PROTECTION.

Provides immunity from prosecution for leaving an unharmed newborn at a hospital. Provides immunity from liability for hospitals and their personnel for receiving a newborn.

RELATING TO FAMILY COURT.

Increases the surcharge for parent education for separating parents to $50. Drops the $15 donation.

RELATING TO FAMILY COURTS.

Clarifies that judiciary may contract for professional services for counsel and guardian and litem, pursuant to chapter 103D and reasonable rates of compensation.

RELATING TO CHILD SUPPORT ENFORCEMENT.

Authorizes the issuance of income withholding orders in situations where the obligor or obligee makes a request to the Child Support Enforcement Agency for income withholding. Allows CSEA to notify employers of the medical insurance coverage provision requirement by regular mail or transmission by electronic means.

RELATING TO MISSING CHILDREN.

Repeals the Hawaii missing children's clearinghouse trust fund; transfers fund balance to the Friends of the Missing Child Center, a private non-profit.

RELATING TO COURTS.

Exempts victims from the filing and court costs in connection with the filing, issuance, registration, or service of an order of protection, or a petition for an order of protection or temporary restraining order to protect a victim of domestic violence, stalking, or sexual assault.

RELATING TO STATUTORY REVISION: AMENDING, REENACTING, OR REPEALING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS.

Amends, reenacts, or repeals various provisions of the Hawaii Revised Statutes and the Session Laws of Hawaii for the purpose of correcting errors and references, clarifying language, and deleting obsolete or unnecessary provisions.

MAKING AN APPROPRIATION FOR UNIFORM LAWS.

Appropriates funds for Hawaii's contribution to the costs of the National Conference of Commissioners on Uniform State Laws and for related registration and travel expenses.

RELATING TO FIREARMS.

Allows a person who has been pardoned to own, possess, or control a firearm.

RELATING TO CRIME VICTIM COMPENSATION.

Exempt government records of the Crime Victim Compensation Commission from the Uniform Information Practices Act; allow funds from nonpayable restitution to be used for crime victim compensation, rather than escheating to the State; allow commission to transfer compensation awards to minors under the Uniform Transfers to Minors Act; give commission authority to expand coverage for mental health services; rename the "pain and suffering" award to more clearly reflect the purpose of the award; and require the judiciary to transmit an annual report to the legislature per progress in meeting the requirements of Act 206, Session Laws 1998.

RELATING TO PERMIT APPROVALS.

Repeals the provision for automatic permit approvals.

RELATING TO CONTROLLED SUBSTANCES.

Amends the controlled substances schedule by adding or deleting items. And clarifies provisions relating to the issuance of prescriptive drugs.

RELATING TO PROMOTION OF CONTROLLED SUBSTANCES.

Extends offense of promoting a controlled substance near schools or school vehicles to include public parks.

RELATING TO SENTENCING.

Makes exceptions to sentencing for first time drug offenders.

RELATING TO NOISE VIOLATIONS.

Transfers 50% of the fines imposed and collected for criminal offenses and violations involving noise generated by motor vehicles, motorcycles, and mopeds to be distributed by the state director of finance to the general fund of the county in which the offenses or violations occurred.

RELATING TO CRIMINAL LITTERING.

Amends definition of "litter"; increases amount a defendant may be fined for conviction of criminal littering; provides for imprisonment if littering involved furniture, appliance, or motor vehicle.

RELATING TO CRUELTY TO ANIMALS.

Creates new offenses of aggravated cruelty to animals, cruelty to animals by cockfighting, possession and manufacturing of cockfighting and related equipment; clarifies cruelty to animals law; provides for nuisance violation for premises upon which cockfighting or dog fighting occurs.

RELATING TO HOUSING.

Prohibits landlords from preventing persons 62 years old and over and disabled persons from owning an animal in a condominium, cooperative, or planned unit development with 6 or more units privately owned or rented if rented or purchased by a senior citizen or disabled person.

RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

Authorizes the housing and community development corporation of Hawaii to adopt rules without regard to the administrative procedure act in implementing federal public housing programs.

RELATING TO HAWAIIAN HOUSING FINANCE CORPORATION.

Establishes the Hawaiian housing finance corporation within the department of Hawaiian home lands for administrative purposes, to be headed by a board of directors, to remedy the housing shortage that exists for many individuals of Hawaiian ancestry in this State, and to provide for urban redevelopment.

RELATING TO HOMELESS SERVICES.

Provides funding to the Housing and Community Development Corporation of Hawaii for homeless assistance.

RELATING TO A COMMISSION ON RESPONSIBLE FATHERHOOD.

Establishes the Commission on Responsible Fatherhood. Appropriates funds.

RELATING TO ADVOCACY FOR HUMAN SERVICES.

Appropriates funds for (1) the adoption of special needs children, (2) a grant-in-aid to a nonprofit legal services provider to increase SSI income, (3) a grant in aid to a nonprofit legal services provider for a federal medicare advocacy project.

RELATING TO CHILD WELFARE SERVICES.

Grants civil service status to certain temporary exempt employees of the child welfare services branch, under the department of human services' social services division.

RELATING TO THE ELDERLY.

Establishes causes of action and enhanced civil penalties to deter the abuse, neglect, and economic exploitation of Hawaii's elderly.

RELATING TO BACKGROUND CHECKS FOR ADULT SERVICES PROGRAMS.

Requires the Department of Human Services to establish standards, which shall include criminal history record and adult and child protective service record checks, to ensure the reputable and responsible character of service providers who have direct contact with individuals receiving services through the adult services programs.

Decision making to follow.

RELATING TO HOUSING.

Short form bill relating to housing.

RELATING TO THE ELDER JUSTICE ACT.

Adopts the Elder Justice Act to increase penalties for abuse, neglect, or economic exploitation of dependent elders.

RELATING TO THE ELDER JUSTICE ACT.

Adopts the Elder Justice Act to increase penalties for abuse, neglect, or economic exploitation of dependent elders.

RELATING TO ELDER ABUSE.

Requires the DOH to conduct criminal history record checks of operators and employees of skilled nursing facilities, intermediate care facilities, adult residential care homes, adult foster homes, and assisted living facilities; requires the DHS to conduct checks on adult day care centers.

MAKING AN APPROPRIATION FOR NURSING HOME WITHOUT WALLS.

Appropriates $      and $       in FY 2003-2004 and 2004-2005 for 1 FTE registered nurse case manager and 1 FTE clerical support staff for the nursing home without walls program on Molokai and Lanai.

RELATING TO PALLIATIVE CARE AND PAIN MANAGEMENT.

Creates the advisory commission on Hawaii palliative care and pain management within the executive office on aging, to send out questionnaires to Hawaii health institutions regarding palliative care and pain management (PCAPM) training, and recommend legislation and institutional actions re PCAPM.

RELATING TO ADULT RESIDENTIAL CARE HOMES AND EXPANDED ADULT RESIDENTIAL CARE HOMES.

Conforms State ARCH and expanded ARCH inspection requirements with federal law by: (1) Requiring unannounced annual inspections; (2) Establishing criminal and civil penalties for persons who notifies or causes to be notified an ARCH or expanded ARCH of the date or time an inspection is scheduled to be conducted; and (3) Providing criteria for inspections. Requires the Department of Health, in conjunction with the Executive Office on Aging, the Department of Human Services, and county Fire Chiefs, to adopt rules on the scheduling and implementation of inspections by September 1, 2003. Mandates the Department of Health to implement unannounced inspections by December 31, 2003. Requires the Department of Health to provide information on inspections in its annual reports over the next four years.

RELATING TO PRESUMPTIVE MEDICAID ELIGIBILITY FOR PREGNANT WOMEN.

Requires the department of human services to provide presumptive Medicaid or QUEST coverage to Medicaid eligible pregnant women.

RELATING TO TEACHER SALARIES.

Appropriates $48 million for annual increment step increases; $16 million in FY 03-04, $32 million in FY 04-05.

RELATING TO THE RETIREMENT ALLOWANCE FOR PRINCIPALS AND VICE PRINCIPALS.

Provides for an increased retirement allowance under the "employees retirement system" for persons who serve as principals and vice principals in public schools; allows current members to receive an increased allowance without making additional contributions if the member serves for at least five years after the effective date of this Act as a principal or vice principal.

RELATING TO PRINCIPALS.

Replaces the current system of tenure for principals with a system where principals will be retained through performance contracts, with reappointment being contingent upon teacher and parent input and indicators of school and student achievement.

RELATING TO COLLECTIVE BARGAINING.

Excludes public school principals from collective bargaining.

RELATING TO SPECIAL PAY FOR TEACHERS.

Authorizes unilateral differential pay for special education teachers, teachers of subjects for which there are shortages of qualified teachers, and teachers in schools that have experienced difficulty in attracting and retaining teachers because of the geographic location of the school or the environmental difficulties at the school.

RELATING TO TEACHER STANDARDS.

Allows individuals with higher education teaching experience to teach in the public schools without requiring them to possess a license. Allows principals to use their discretion to hire these adjunct teachers to staff up to 10% of the school's total classroom teachers.

RELATING TO EDUCATION.

Allows a teacher to exclude from the classroom any student who engages in disruptive behavior.

RELATING TO THE DEPARTMENT OF EDUCATION.

Eliminates the cap on the number of charter schools that can be created. Allows the review panel to reject an implementation plan submitted by a proposed new century charter school.

RELATING TO THE DEPARTMENT OF EDUCATION.

Clarifies that charter school employees are exempt from collective bargaining. Specifies that charter school employees are employees of the charter school local board and are not state employees, but may opt to participate in state benefits.

RELATING TO SUBSTITUTE TEACHER PER DIEM RATE IN THE DEPARTMENT OF EDUCATION.

Provides a compensation schedule for substitute teachers commensurate with their educational training and academic qualifications.

RELATING TO THE DEPARTMENT OF EDUCATION.

Establishes a single, statewide year-round calendar for all public schools in Hawaii, except schools on multi-track year-round schedules and charter schools, beginning with the 2004-2005 school year.

RELATING TO EDUCATION.

Requires the school year for public school employees to consist of not less than 180 working days/instructional days with students.

RELATING TO THE TRANSIENT ACCOMMODATIONS TAX.

Transfers 1.5 percent of TAT revenues to the State Parks Special Fund (SPSF) and 0.5 percent of TAT revenues to the Hawaii Statewide Trail and Access Program (HSTAP); repeals provisions for transferring funds in excess of $62,292,000 from the tourism special fund to the SPSF and HSTAP.

RELATING TO FISHPONDS.

Appropriates funds for fishpond restoration on the island of Molokai.

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Generally redistributes the TAT and dedicates 1.5% to the state parks special fund and .5% to the Hawaii statewide trail and access program.

RELATING TO WAIKIKI BEACH RESTORATION.

Authorizes $2,5000,000 in GO bonds for fiscal year 2004 to finance the widening of Waikiki Beach between the north Kuhio Beach groin and the Kapahulu storm drain.

RELATING TO LIABILITY.

Limits the State's and counties' liability for injury or death to any person arising from the use of any beach or hiking trail that is owned or controlled by the State or counties, unless the injury or death resulted from gross negligence or wilful and wanton misconduct on the part of the State or counties.

RELATING TO HISTORIC SITES.

Extends penalties for damage to historic property or burial sites found on private lands in the course of land development or land alteration activities when review of site by and approval from historic preservation office has not been received.

RELATING TO TUITION WAIVERS.

Requires all students of Hawaiian descent at the University of Hawaii to receive tuition waivers.

RELATING TO TAXATION.

Establishes an investment tax credit for qualified investments in motor sports facility to be developed at Kalaeloa, parcel 9.

ACKNOWLEDGING THE ILLEGAL OVERTHROW OF THE KINGDOM OF HAWAII.

Acknowledges the illegal overthrow of the Hawaiian kingdom.