OFFICE OF THE SPEAKER

TWENTY-SECOND STATE LEGISLATURE

COMMITTEE REFERRALS

 

_______________________________________________________________________________________

NO. 4

5th LEGISLATIVE DAY-JANUARY 28, 2004

_______________________________________________________________________________________

Committee Abbreviations:

AGR - Agriculture

HSH - Human Services and Housing

CPC - Consumer Protection and Commerce

INT - International Affairs

EDB - Economic Development and

JUD - Judiciary

Business Concerns

LAB - Labor and Public Employment

EDN - Education

LMG - Legislative Management

EEP - Energy and Environmental Protection

PSM - Public Safety and Military Affairs

FIN - Finance

TAC - Tourism and Culture

HED - Higher Education

TRN - Transportation

HLT - Health

WLH - Water, Land Use & Hawaiian Affairs

________________________________________________________________________________________

 

HOUSE BILLS

 
   

Committee

H.B. NO.

 

REFERRAL

     

2133

RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT.

Creates a collective bargaining unit for substitute teachers of the DOE, including part-time employees working less than one-half of a full-time equivalent.

EDN/LAB, FIN

2134

RELATING TO CIVIL SERVICE.

Repeals the exemption from the civil service system for certain educational employees.

EDN/LAB, FIN

2135

RELATING TO ELDERLY HOUSING.

Amends the Hawaii Revised Statutes relating to elderly housing.

HSH

2136

RELATING TO PROCUREMENT.

Establishes that the recommendations of a procurement selection committee cannot be overturned without due cause unless there is evidence of fraud. Establishes that debarment and suspension are to be reserved for egregious acts against governmental bodies and the procurement code.

FIN

2137

RELATING TO A ONE CALL CENTER.

Adds a new part to Chapter 269, Hawaii Revised Statutes, establishing a one call center and board to provide advance warnings of excavations or other work close to existing subsurface installations to protect those installations from damage.

TRN, CPC

2138

RELATING TO MANAGED CARE PLAN COMPLAINTS AND APPEALS PROCEDURES.

Amends chapter 432E, Hawaii Revised Statutes, to increase the number of days that managed care plans have to determine the outcome of complaints not classified as expedited from 45 to 60.

CPC

2139

RELATING TO INSURANCE.

Amends the standard nonforfeiture law for individual deferred annuities by extending for 2 years the 1 1/2% interest rate for determining the minimum nonforfeiture amount. Redefines the minimum nonforfeiture amount and the interest rate used to calculate the minimum nonforfeiture amount. Makes the amendments optional for 2 years, mandatory thereafter.

CPC

2140

RELATING TO MANDATORY CONTINUING EDUCATION FOR PHARMACISTS.

Establishes pharmacist license renewal requirement of 30 continuing education credit hours, beginning with renewals for the licensing biennium starting on 1/1/06.

CPC

2141

RELATING TO CONSUMER PROTECTION.

Requires seller of salvaged motor vehicle to provide salvage certificate of title and absolves seller of liability following sale. Requires DOT to certify a salvaged vehicle's fitness to operate on public roads.

TRN, CPC

2142

RELATING TO BUSINESS PRACTICES.

Implements short form bill relating to business practices.

CPC

2143

RELATING TO BUSINESS REGULATION.

Implements short form bill relating to business regulation.

CPC

2144

RELATING TO BUSINESS REGULATION.

Implements short form bill relating to business regulation.

CPC

2145

MAKING AN APPROPRIATION RELATING TO WEED AND SEED STRATEGY.

Appropriates funds to the department of the attorney general, the department of education, and the University of Hawaii to assist in the expansion of the weed and seed strategy.

EDN/HED, JUD, FIN

2146

RELATING TO SALARY PERIODS.

Repeals the public employees' payroll lag, returning pay days to the first and fifteenth of every month.

LAB, FIN

2147

RELATING TO THE UNIFORM COMMERCIAL CODE.

Replaces article 7 of the Uniform Commercial Code on documents of title.

CPC

2148

RELATING TO THE UNIFORM ATHLETE AGENTS ACT.

Adds new chapter, Uniform Athlete Agents, that establishes service of process procedure for nonresident agents; provides requirements, procedures, and fees for agent registration; required form for agency contract. Establishes student athlete's right to cancel contract.

CPC, FIN

2149

RELATING TO THE HAWAII HEALTH SYSTEMS CORPORATION.

Removes the HHSC's exemption from the state procurement code under chapter 103D.

HLT, FIN

2150

RELATING TO PUBLIC SAFETY.

Short form bill relating to public safety.

PSM

2151

RELATING TO PUBLIC SAFETY.

Short form bill relating to public safety.

PSM

2152

RELATING TO PUBLIC SAFETY.

Short form bill relating to public safety.

PSM

2153

RELATING TO MILITARY AFFAIRS.

Short form bill relating to military affairs.

PSM

2154

RELATING TO MILITARY AFFAIRS.

Short form bill relating to military affairs.

PSM

2155

RELATING TO DENTISTRY.

Authorizes the board of dental examiners to sanction the license of a dentist who refuses to accept QUEST/medicaid patients.

HLT/HSH, CPC

2156

RELATING TO EARLY CHILDHOOD EDUCATION.

Establishes a school readiness council to develop the open doors expansion program. Establishes the early childhood education special fund to provide for the funding of an early childhood education program through an increase in the individual income tax rate from 8.25 per cent to 8.90 to 10.10 per cent for individuals within the highest income brackets.

HSH, FIN

2157

RELATING TO THE FUNDING OF A HABITAT CONSERVATION PLAN.

Provide DLNR with the same financial flexibility afforded through federal guidelines regarding habitat conservation plans.

WLH, FIN

2158

RELATING TO FINANCIAL DISCLOSURE STATEMENTS.

Deletes the in-state limitation for financial disclosures in section 84-17, Hawaii Revised Statutes.

LMG, JUD

2159

RELATING TO STATE FUNDS.

Appropriates from the emergency and budget reserve fund $10,000,000 for each of four fiscal years from 2004-2008 for DOH to provide grants and purchases of service for methamphetamine prevention and rehabilitation.

HLT, FIN

2160

RELATING TO READING.

Requires not less than          per cent of the time spent on reading instruction in kindergarten to grade 3 to be devoted expressly to the teaching of systematic phonics beginning with the 2005-2006 school year.

EDN

2161

RELATING TO PRESCRIPTION DRUG REFUNDABLE TAX CREDITS.

Establishes a refundable income tax credit of 10% of the cost of prescription drugs for residents whose income is 200% of the federal poverty level or less.

HSH/HLT, CPC, FIN

2162

RELATING TO GENERAL EXCISE TAX EXEMPTION.

Provides a general excise tax exemption for qualifying costs expended by a biotechnology laboratory situated in the Kakaako community development district.

EDB, FIN

2163

RELATING TO MOTOR VEHICLE TAXATION.

Establishes a four per cent tax on the sale of a vehicle from one individual to another that is not otherwise taxed by chapter 237. Establishes a fee on noncommercial vehicles equal to fifty per cent of the vehicle registration tax for vehicles that cost over $20,000 but less than $30,000, and one hundred per cent for cars that cost at least $30,000. Provides that all moneys collected from the vehicle sales tax and the registration fee be put into a salary special fund created to increase the salaries of University of Hawaii professors.

TRN, HED, FIN

2164

RELATING TO THE ENVIRONMENT.

Provides an income tax check-off to fund environmental educational programs provided by non-profit organizations offering services on state park lands.

EEP/WLH, FIN

2165

RELATING TO STATE BUDGET.

Provides budget reform by increasing Rainy Day Fund appropriations in certain circumstances, requiring enhanced legislative analysis of future and hidden budget costs, and requiring a report on actual costs of new programs.

FIN

2166

RELATING TO LAND USE COMMISSION.

Establishes a presumption that a dwelling is not a farm dwelling if certain nonagricultural features in a subdivision or development are determined to be present.

WLH/AGR

2167

RELATING TO PUBLIC ACCESS.

Prohibits gated communities that deny public access to any coastal shoreline or mountain or inland areas used for recreational or cultural purposes.

WLH, JUD

2168

RELATING TO CAPITAL IMPROVEMENT PROJECTS FOR THE BENEFIT OF THE FORTY-FIFTH REPRESENTATIVE DISTRICT.

Appropriates funds for capital improvement projects for the benefit of the 45th representative district.

FIN

2169

RELATING TO LEASEHOLD PROPERTIES.

Imposes a tax of fifty percent on the landowner for the assessed value of improvements made by the tenant on leasehold property, unless certain conditions are met.

CPC, FIN

2170

RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR REHABILITATION HOSPITAL OF THE PACIFIC.

Authorizes the issuance of $20,000,000 in special purpose revenue bonds for construction improvements and expansion for Rehabilitation Hospital of the Pacific.

FIN

2171

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.

JUD

2172

RELATING TO TELECOMMUNICATIONS.

Allows local exchange carriers to elect alternate form of regulation, including its rates, terms, and conditions for its retail services. Allows for specified rate increases and decreases. Allows for rate adjustments or recover changes in costs or in revenues because of an exogenous event.

CPC

2173

RELATING TO TOURISM.

Establishes the Hawaii gaming control commission and a framework for casino gaming in Waikiki and Kapolei on Oahu.

EDB, TAC, JUD, FIN

2174

RELATING TO MEDICAL RECORDS.

Clarifies that a provider's disclosure of records to a person's insurer may be made if it is the provider, and not the insurer, who informs the person that a claim will be made to the person's insurer.

CPC

2175

RELATING TO ENVIRONMENTAL PROTECTION OF AGRICULTURE.

Provides for procedures to protect nongenetically engineered plant life from their genetically engineered counterparts. Establishes the liability of manufacturers and growers of genetically engineered plants, plant parts, or seeds.

AGR, EEP, CPC, JUD

2176

RELATING TO LIABILITY FOR GENETICALLY ENGINEERED FOOD.

Holds a person who genetically engineers organisms strictly liable for damages, including injuries, illness, and allergies from the use of the product.

AGR, EEP, CPC, JUD

2177

RELATING TO ROADSIDE HERBICIDE USE.

Requires state and county agencies responsible for roadside vegetation maintenance to develop and implement an integrated vegetation management strategy to minimize the use of herbicide. Establishes a roadside vegetation committee.

TRN

2178

RELATING TO PESTICIDES.

Requires applicators of pesticides to gauge environmental conditions when applying pesticides; ensures that the pesticide application does not contaminate or damage nontarget crops, animals, property, or persons. Requires the posting of warning signs when pesticides have been applied on public property.

EEP, JUD

2179

RELATING TO PESTICIDES.

Establishes integrated pest management policies to prohibit usage of toxicity category I pesticides.

HLT, EEP, FIN

2180

RELATING TO AGRICULTURE.

Establishes permits to monitor and regulate the release of certain genetically engineered and genetically modified agriculturally related organisms. Allows products to be labeled as "GMO free".

AGR, EEP, CPC, FIN

2181

RELATING TO HOUSING FINANCING PROGRAMS.

Removes limit on amount of bonds authorized to be issued if bonds are issued in connection with any program to provide housing for active or retired United States military personnel, their families and other persons authorized to reside in such housing.

HSH, FIN

2182

RELATING TO WASTE MANAGEMENT.

Makes the penalty for illegal dumping a class C felony. Authorizes citizen suits for solid waste pollution offenses.

EEP, JUD

2183

RELATING TO ZONING.

Requires counties to coordinate passage of land use and zoning ordinances and change in zoning applications with Land Use Commission.

WLH, FIN

2184

RELATING TO THE BOARD OF EDUCATION.

Allows the board of education to employ attorneys without the attorney general's approval.

EDN/JUD, FIN

2185

RELATING TO THE DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES AND THE COMPTROLLER.

Delineates the responsibilities of the Department of Accounting and General Services and the duties of the Comptroller.

FIN

2186

RELATING TO THE FILIPINO CENTENNIAL CELEBRATION COMMISSION.

Appropriates funds to the Filipino Centennial Celebration Commission for the Filipino centennial celebration.

TAC, FIN

2187

AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING AN APPROPRIATION FOR KEEHI BOAT HARBOR IMPROVEMENTS.

Authorizes general obligation bond issuances to finance Keehi boat harbor improvements.

FIN

2188

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR DAMIEN MEMORIAL HIGH SCHOOL.

Issues special purpose revenue bonds to assist Damien Memorial High School in refinancing existing debt and financing construction and improvement of its educational facilities in the State.

FIN

2189

RELATING TO CORPORATIONS.

Prohibits incorporation and requires dissolution of corporate repeat environmental offenders; prohibits issuance and requires revocation of certificate of authority of foreign corporate repeat environmental offender; requires attorney general and director of commerce and consumer affairs to act.

EEP, CPC/JUD

2190

RELATING TO ENVIRONMENTAL COMPLIANCE.

Establishes the commercial passenger vessel environmental compliance program on the discharge of effluents.

EDB/EEP, TRN/TAC, FIN

2191

RELATING TO ENTERPRISE ZONES.

Removes provisions that restrict telecommunications from being designated a qualified business for enterprise zone purposes.

EDB, FIN

2192

RELATING TO ADMINISTRATIVE PROCEDURE.

Requires that every administrative rule conforms to its related statute; provides for the automatic repeal of administrative rules effective 180 days after the repeal of the related statute or ordinance; expands scope of the small business regulatory review board's annual evaluation report.

EDB, JUD

2193

RELATING TO EDUCATION.

Provides greater autonomy to DOE in budget, facilities, and personnel management. Decentralizes certain administrative functions of DOE.

EDN, FIN

2194

RELATING TO CHARTER SCHOOLS.

Allows the BOE, without regard to the limits on the number of new century charter schools and new century conversion charter schools that may be established, to issue one charter per school complex to a new century charter school and a new century conversion charter school established for exceptional children.

EDN, FIN

2195

RELATING TO LANDOWNERS.

Limiting the liability of a landowner to persons entering upon the land without consent.

WLH, JUD

2196

RELATING TO CRIMINAL TRESPASS.

Defines criminal trespass to include entering or remaining on residential property after a request to leave by the owner or lawful occupant of the property.

JUD

2585

MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE LEGISLATURE, THE LEGISLATIVE AUDITOR, THE LEGISLATIVE REFERENCE BUREAU, AND THE OMBUDSMAN.

Appropriates funds to provide for the expenses of the Legislature, the Legislative Auditor, the Legislative Reference Bureau, and the Ombudsman.

FIN

     

 

 

 

 

 

 

 

 

 

 

HOUSE BILLS

 
   

Committee

H.B. NO.

 

RE-REFERRAL

     

1741

RELATING TO EDUCATION.

Makes the department of education a political subdivision headed by the board of education and gives the board the authority to enact an education excise tax.

EDN/JUD, FIN

1762

RELATING TO INSURANCE.

Allows insurance rate reductions to take effect when filed, subject to the subsequent approval of the Insurance Commissioner.

CPC, FIN

1782

RELATING TO ATTORNEYS' FEES.

Establishes a graduated schedule of reasonable attorneys' fees for cases pertaining to an association's collection of delinquent assessments, foreclosure of liens, and enforcement of the Condominium Property Act and related rules and regulations.

CPC, JUD

1797

RELATING TO OPTOMETRY.

Allows therapeutically certified optometrists to prescribe and use, under certain restrictions, pharmaceuticals approved by the optometry board; continues to prohibit the use of controlled substances.

HLT/CPC

1806

RELATING TO MILITARY INSTALLATIONS.

Requires notification to the commanding officer of the military installation of: (1) zoning changes and (2) district boundary amendments for land within 3,000 feet of a military installation.

PSM, WLH, FIN

1817

RELATING TO CONDOMINIUMS.

Repeals condominium property regimes law; recodifies condominium law; makes conforming amendments to existing HRS sections.

CPC/JUD, FIN

1862

RELATING TO CHILD SUPPORT ENFORCEMENT.

Allows filing civil action in court to require child support enforcement agency to enforce support orders and comply with state and federal laws regarding disbursement and notification regarding child support accounts. Pays reasonable attorney's fees and litigation costs if successful.

JUD, FIN

1864

MAKING AN APPROPRIATION FOR THE EARLY INTERVENTION SECTION.

Appropriates funds for early intervention services for infants and toddlers from birth to three years of age with special needs.

HLT/HSH, FIN

1883

RELATING TO SMOKING IN PUBLIC SCHOOLS BY PUBLIC EMPLOYEES.

Prohibits smoking by public employees in public schools, on school transport, and at school-sponsored functions anywhere, except if at school function in an enclosed room not located on school premises and no student is present. Excludes smoking in public schools as a negotiable item for all public employees.

HLT/LAB, EDN

1895

RELATING TO EDUCATION.

Proposes to amend Article X, section 2 of the Hawaii Constitution to provide for election of Board of Education members from school districts as provided by law; upon passage of the constitutional amendment, requires 17 BOE members, with one member per district to be elected out of 17 school districts; requires residency in the school district; creates a temporary School District Commission modeled on the Reapportionment Commission to establish 17 school districts each comprised of 3 representative districts, that to the extent possible preserve school complex and community boundaries; provides that thereafter the Reapportionment Commission shall in a reapportionment year redraw school district boundaries consistent with statutory criteria and reapportioned districts.

EDN/JUD

1921

RELATING TO PRESCRIPTION DRUGS.

Directs the governor, in consultation with department of human services, the department of health, and others, to develop, operate, and maintain a website to assist Hawaii residents in purchasing prescription drugs from Canada.

HLT/CPC, FIN

1939

RELATING TO EDUCATION.

Requiring all operating vending machines in public schools to dispense only water, milk, and 100 per cent fruit juice.

HLT, EDN

1949

RELATING TO INJECTION WELLS.

Authorizes the department of health to disapprove the construction of any underground injection well or the disposal of any waste into an underground injection well if doing so will degrade the quality of coastal water.

WLH/EEP

1961

RELATING TO EDUCATION.

Provides for random drug testing of public school students whose parents or legal guardians have consented; specifies procedural requirements.

EDN, JUD, FIN

1982

RELATING TO CRUISE SHIPS.

Establishes standards for the discharge of treated sewage, graywater, other wastewater, and air emissions from cruise ships and commercial passenger vessels into the marine waters of the State. Prohibits the discharge of untreated sewage from commercial passenger vessels into the marine waters of the State. Provides for recordkeeping and monitoring.

TRN, EDB/EEP/TAC, FIN

2003

RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES.

Adds and amends various laws relating to criminal conduct for drug related offenses, amends laws relating to arrest and search warrants for drug offenses, amends laws relating to first time nonviolent drug offender diversion to substance abuse treatment, adds tort liability for drug dealers, adds new laws relating to employer sponsored substance abuse treatment and prevention programs and employer reimbursement for substance abuse treatment, amends the zero tolerance rule for public school students who are charged with drug offenses, amends existing law to provide parity in health insurance benefits for crystal methamphetamine addiction, amends the duties of the Office of Community Services to include coordination of the drug abatement efforts between public, private and community organizations, adds new law on civil commitment for substance abuse outpatient treatment, adds new laws to facilitate the development of drug rehabilitation homes for recovering addicts, and adds responsibility for methamphetamine removal to the responsibilities of the department of health.

JUD

2004

RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES.

Makes appropriations for crystal methamphetamine treatment, prevention, rehabilitation, and education to department of health; makes appropriations to the judiciary to expand services provided by the drug courts; makes appropriations to the department of public safety for treatment services for first time nonviolent drug offenders and to expand canine drug interdiction efforts; makes appropriations to county government for grass root community mobilization efforts provided federal forfeiture funds are matched to state funds; makes appropriations to the office of community services to coordinate the drug abatement efforts to fight the ice epidemic; provides tax credits for drug rehabilitation homes and substance abuse prevention education and employment; establishes a substance abuse treatment monitoring program requiring state agencies to collect data and access program effectiveness; establishes a multi-agency task force to respond to the effects of ice on children and makes appropriation for expenses.

FIN

2005

RELATING TO PRESCRIPTION DRUGS.

Changes the name of the Rx program to Rx plus; adds new definitions of "covered drugs", "participating retail pharmacy", and "qualified resident"; establishes requirements to determine qualified residents; requires department of human services to conduct ongoing quality assurance activities; clarifies consequences applicable to nonparticipating manufacturers.

HLT/CPC, FIN

2006

RELATING TO SUPPLEMENTAL MENTAL ILLNESS AND ALCOHOL AND DRUG DEPENDENCE INSURANCE BENEFITS.

Requires all accident and sickness contracts and policies issued by mutual benefit societies and health maintenance organizations to include at the option of the employer mental health parity supplemental coverage; establishes an income tax credit for employers who purchase mental health parity supplemental coverage for their employees.

HLT, CPC, FIN

2008

RELATING TO HEALTH.

Establishes a system of universal health care insurance in the State of Hawaii

LAB/HLT, CPC, FIN

2026

RELATING TO TAXES.

Increases allocations from conveyance tax proceeds to rental housing trust fund and natural area reserve fund.

WLH/HSH, FIN

2035

RELATING TO MEDICAL SERVICES.

Exempts the purchase and sale of medical services from the general excise tax.

HLT, FIN

2040

RELATING TO THE STATE VETERANS' HOME.

Requires Hawaii health systems corporation to contract with private entity to manage day-to-day operation of the state veterans' home in Hilo.

HLT/LAB, PSM, FIN

2047

RELATING TO HERBICIDE USE.

Requires the department of transportation to post notification of dates, times, and locations of herbicide use on public trails and highways.

TRN

2050

RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINE.

Authorizes the department of agriculture to restrict the entry into the State of any articles originating from Guam that have not been certified as having been inspected by the U.S. Department of Agriculture-Wildlife Services or other approved agency prior to shipment from Guam.

AGR/EEP, JUD

2082

RELATING TO HAWAII HEALTH SYSTEMS CORPORATION.

Authorizes issuance of GO bonds and appropriates funds for Hawaii Health Systems Corporation.

HLT, FIN

2083

AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING AN APPROPRIATION FOR THE KULAMALU LONG-TERM CARE FACILITY AND ADULT DAY CARE FACILITY IN KULA, MAUI.

Authorizes the issuance of $16,250,000 in general obligation bonds for the design, construction, and equipment for the Kulamalu long-term care facility and the adult day care facility in Kula, Maui.

HLT, FIN

2096

RELATING TO A PRESCRIPTION DRUG REPOSITORY PROGRAM.

Establishes the prescription drug repository program to receive and dispense donated prescription drugs to needy persons.

HLT/CPC, FIN

2098

RELATING TO MEDICAL RECORDS.

Provides for the release of medical records of a deceased person to next of kin.

HLT, CPC/JUD

2130

RELATING TO MEDICAL RECORDS.

Amends the confidentiality provisions of the mental health, mental illness, drug addiction, and alcoholism law by changing "insurer" to "provider" to indicate that the provider may inform the patient of a reimbursement claim.

HLT, CPC/JUD