THE SENATE

THE TWENTY-FOURTH LEGISLATURE

REGULAR SESSION OF 2008

COMMITTEE ON WAYS AND MEANS

Senator Rosalyn H. Baker, Chair

Senator Shan S. Tsutsui, Vice Chair

NOTICE OF DECISION MAKING

DATE:	Friday, March 28, 2008
TIME:	9:30 a.m.
PLACE:	Conference Room 211 State Capitol 415 South Beretania Street

A G E N D A

The following bills were previously heard in their respective subject matter committees. For this decision-making, only written comments will be accepted; no oral testimony will be accepted.

RELATING TO THE HAWAII ENERGY POLICY FORUM.

Makes an appropriation for the continuation of the Hawaii Energy Policy Forum and for the Hawaii Energy Policy Forum to continue its study with the Energy-efficient Transportation Strategies Working Group to develop energy-efficient transportation strategies. Appropriates funds for the Hawaii Energy Policy Forum to continue its study with the Energy-efficient Transportation Strategies Working Group to develop energy-efficient transportation strategies. (SD1)

ENE, WAM

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS.

Authorizes special purpose revenue bonds to H2 Technologies, Incorporated for construction of Hydrogen Generator Appliance Laboratory and hydrogen generation and conversion facilities. (HB2168 HD1)

ENE, WAM

RELATING TO REORGANIZATION OF STATE AGENCIES.

Directs the legislative reference bureau to research the responsibilities of state agencies that are integral to achieving state energy objectives; identify any duplication or deficiency in the state agencies responsibilities; research how other states address similar deficiencies in the administration of their energy policies; and make recommendations regarding how the state agencies can be reorganized to advance the long‑term energy strategy. (SD1)

ENE/TSG, WAM

RELATING TO WIND ENERGY.

Establishes a coordinated process for the approval of permits for an interisland wind energy and undersea cable project. (SD1)

ENE/CPH, WAM

RELATING TO ELECTRONIC PERMITTING FEES

Allows certain department of health environmental programs to conduct business electronically and withhold sufficient moneys to cover the cost of electronic and credit card provider services. (SD1)

ENE, WAM

RELATING TO ENERGY.

Establishes the Energy Security Special Fund. Renames the Environmental Response Tax the "Environmental Response and Energy Security Tax" and increases the tax. Amends the uses of tax revenue to include deposits to the Energy Security Special Fund and the Energy Systems Development Special Fund. Amends uses of the Environmental Response Revolving Fund by deleting energy conservation and alternative energy development uses. Appropriates moneys to the Energy Security Special Fund. (SD1)

ENE, EDT, WAM

RELATING TO HAWAII'S ECONOMY.

Mandates certain conditions applicable to certain commercial and industrial leases (Part I). Creates a department of planning and sustainability by combining the office of planning, commission on water resource management, energy resources coordinator responsibilities, land use commission, office of environmental quality control, and Hawaii community development authority (Parts II-VI). (SD1)

EDT/CPH, WAM

RELATING TO ECONOMIC DEVELOPMENT.

Establishes the Hawaii Innovation Development Corporation to promote the development and exploitation of innovations and inventions that have direct economic benefits for Hawaii. (SD1)

EDT, WAM

RELATING TO HIGH TECHNOLOGY.

Part I removes the $25,000 limit on HTDC grants to recipients of federal small business innovation research phase I awards or contracts, or federal small business technology transfer program awards; retains limit of fifty per cent of the federal award or contract; part II repeals chapter 206M, part IV, HRS; requires any contractual obligation to cease with the repeal and unexpended moneys to lapse to the general fund; appropriates $200,000 in 2008-2009 for SBIR and STTR grants. (SD1)

EDT, WAM

RELATING TO RECREATION.

Requires the University of Hawaii, with the assistance of other public and private sector entities involved in the development of west Oahu, to study the feasibility of constructing a new recreational stadium in west Oahu; report to the 2009 legislature. (SD1)

EDT/EDU, WAM

RELATING TO TECHNOLOGY.

Appropriates funds for the Hawaii Broadband Task Force for fiscal year 2008-2009. (SD1)

EDT, WAM

MAKING AN APPROPRIATION TO ESTABLISH CREATIVITY ACADEMIES.

Appropriates funds to support the development of the creativity academy program. (SD1)

EDT/EDU, WAM

RELATING TO TAXATION.

Adopts amendments to Hawaii tax laws to implement the streamlined sales and use tax agreement. (SD1)

EDT, WAM

RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE INTERNAL REVENUE CODE.

Amends Hawaii's income tax law to conform with changes to the Internal Revenue Code. (SD1)

EDT, WAM

RELATING TO THE CANCER RESEARCH SPECIAL FUND.

Increases the sources of revenue available to support the Cancer Research Center of Hawaii. Allows moneys in cancer research special fund to be used for capital improvements. (HB2164 HD1)

HTH/EDU, WAM

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST CASTLE MEDICAL CENTER AND ITS AFFILIATES.

Authorizes special purpose revenue bonds to assist Castle Medical Center. Effective July 1, 2020. (SD1)

HTH, WAM

RELATING TO TATTOO ARTISTS.

Requires tattoo artists to register with the department of health prior to practicing the occupation of tattoo artistry and to pay registration fees. Repeals tattoo artist licensure procedures and requirements. (SD1)

HTH, WAM

RELATING TO GENERAL EXCISE TAXATION.

Exempts from the general excise tax amounts received by managed care support contractors as reimbursements of costs or advances made pursuant to a contract for the administration of the federal TRICARE program. Effective upon approval, retroactive to January 1, 2005. (SD2)

HTH, EDT, WAM

RELATING TO THE ORGAN DONOR REGISTRY.

Establishes a statewide organ donor registry. (SD1)

HTH, WAM

RELATING TO PERINATAL CARE.

Makes the perinatal clinic first established by Act 248, Session Laws of Hawaii 2006, permanent. Appropriates funds. (SD1)

HTH/HSP, WAM

RELATING TO LONG-TERM CARE.

Allows persons eligible to receive Medicaid funds for care at nursing home facilities to remain at home and receive home and community-based long-term care. (SD1)

HSP, WAM

RELATING TO CAREGIVING.

Extends the joint legislative committee on family caregiving; changes the committee's name to the joint legislative committee on aging in place; expands the committee's mandate to include aging in place issues related to family caregiving; requires the aging and disability resource center to report to the committee; requires the joint legislative committee to develop a model for a cash and counseling program; appropriates funds to the joint legislative committee; allows kupuna care to include overnight, weekend, and emergency respite, as well as provide grants to caregivers and for home modification; appropriates funds to the kupuna care program; establishes a task force to focus on the needs and issues of grandparents raising grandchildren; appropriates funds to the executive office on aging to continue its respite inventory project in collaboration with the University of Hawaii. (SD1)

HSP, WAM

RELATING TO PUBLIC HOUSING.

Requires public housing projects and affordable housing funded by county or state funds to remain affordable in perpetuity. (SD1)

HSP, WAM

RELATING TO QUALIFIED COMMUNITY REHABILITATION PROGRAMS.

Exempts positions and personal services contracts with a qualified community rehabilitation program, which last for no more than one year, from the county civil service law; provided that the services are restricted to custodial and ground maintenance and the cost does not exceed $1,000,000. Eff. July 1, 2050. (SD1)

HSP/JDL, WAM

RELATING TO WOMEN'S HEALTH.

Requires at least 6 months post-partum and interconception care for women who participate in the Hawaii QUEST health insurance program. (SD1)

HSP, WAM

RELATING TO THE CHILDREN OF INCARCERATED PARENTS TASK FORCE.

Re-establishes the children of incarcerated parents task force until December 31, 2011; requires annual task force reports to the legislature and the public; makes appropriation. (SD1)

HSP/PBS, WAM

RELATING TO BRIDGE TO HOPE PROGRAM.

Expands the Bridge to Hope Program to enable all heads of households receiving financial assistance and participating in the First-to-Work Program to pursue education beyond the federal limit of one-year of vocational education. (SD1)

HSP, WAM

RELATING TO LOW-INCOME HOUSING TAX CREDITS.

Increases the low-income housing tax credit to one hundred per cent of the qualified basis for each building located in Hawaii and adds definitions and special rules that are operative to the low-income housing tax credit. (SD2)

HSP, EDT, WAM

MAKING AN EMERGENCY APPROPRIATION TO THE HAWAII PUBLIC HOUSING AUTHORITY.

Emergency appropriation in general funds for fiscal year 2007-2008 to repay the department of budget and finance for a loan made to cover payroll and risk management costs for liability insurance for fiscal year 2006-2007, and to address a critical funding shortfall for operational costs of its public housing programs for fiscal year 2007-2008. (SD1)

HSP, WAM

RELATING TO AN AUDIT OF THE HAWAII DISABILITY RIGHTS CENTER.

Requires the auditor to perform a financial and management audit of the Hawaii Disability Rights Center. (SD1)

HSP, WAM

RELATING TO AGRICULTURAL LOANS.

Includes farm sustainable projects in the existing agricultural loan program, and aquaculture sustainable projects in the existing aquacultural loan program. (SD1)

AHW, ENE, WAM

RELATING TO AGRICULTURE.

Enables the agribusiness development corporation to contract with banks to provide lease management services. Allows corporation to lease agricultural lands for up to 55 years. Authorizes the corporation to purchase agricultural lands owned by the Galbraith Estate. Allows for use of eminent domain power to acquire Galbraith Estate lands. Makes an appropriation to acquire Galbraith Estate lands. (SD1)

AHW/WTL, WAM

RELATING TO STATE ENTERPRISE ZONES.

Allows agricultural businesses to continue to qualify for zone benefits in case of force majeure events; includes leased and jointly employed workers in hiring formulas; changes schedule of hiring increases; expands the factors used to determine a qualified business eligible for the tax incentives to include gross sales from agricultural products; counts value-added agricultural product retail sales towards qualification for tax credits; disallows general excise tax exemption for agricultural product retail sales. (SD2)

AHW, EDT, WAM

RELATING TO INVASIVE SPECIES.

Expands the items subject to the inspection, quarantine, and eradication service fee (inspection fee) to include any freight brought into the state. Requires the inspection fee to be assessed based on net weight of imported freight. (SD1)

AHW/ENE/TIA, WAM

RELATING TO AGRICULTURAL WATER SECURITY.

Allows the negotiation of agreements for the production of emergency power for agricultural water systems following a disaster declared by the Governor. Provides that independent power producers shall not become subject to the jurisdiction of the PUC as the result of an agreement entered into pursuant to this Act. (SD1)

AHW/CPH, WAM

RELATING TO ANIMAL QUARANTINE FACILITIES.

Allows the department of agriculture to negotiate the lease rent for use of the animal quarantine station located in Halawa Valley on Oahu. (SD1)

AHW, WAM

RELATING TO THE HAWAIIAN HOMES COMMISSION ACT

Increases the loan ceiling for farm and ranch operations on Hawaiian home lands from $50,000 to $200,000. (SD1)

AHW, WAM

RELATING TO REAL PROPERTY.

Requires the department of land and natural resources to perform a feasibility study on the impact electronic recording may have on the bureau of conveyances and the public, and report its findings to the legislature prior to 2009 regular session. (SD1)

CPH/JDL, WAM

RELATING TO TIME SHARE PLANS.

Exempts from the time share law the offer or sale of an additional interest in a time share plan to an existing purchaser in the same time share plan; provided that certain conditions are met. Exempts from the time share law the offer or sale by a developer, in Hawaii, of a time share interest in a time share plan located outside of Hawaii to an individual who currently owns a time share interest that was purchased from the developer; provided that certain requirements are met. (SD1)

CPH, WAM

RELATING TO SMART GROWTH.

Requires the Office of Planning to develop a plan to establish a statewide system of greenways and trails. Requires the Office of Planning to coordinate smart growth planning. Establishes sustainable communities in Hawaii with the combined effort of state departments and agencies. (SD1)

CPH, WAM

RELATING TO RENTAL MOTOR VEHICLE SURCHARGE TAX.

Repeals the $2 a day rate of the rental motor vehicle surcharge tax, in effect from September 1, 1999, to August 31, 2008; changes the $3 a day rate to an unspecified amount; requires the department of transportation to report additional revenue-generating initiatives to the legislature. (SD2)

CPH, EDT, WAM

RELATING TO WIRELESS ENHANCED 911.

Decreases from $0.66 to $0.43 per month the surcharge customers pay on each mobile phone for E911 emergency mobile phone services. Requires the Auditor to perform a financial and management audit of the wireless enhanced 911 fund. (SD1)

CPH, WAM

RELATING TO CORRECTIONAL INDUSTRIES.

Amends the maximum number of temporary exempt positions for the correctional industries program from forty-five employees to sixty-five employees. (SD1)

PBS/JDL, WAM

RELATING TO CORRECTIONS.

Repeals section 353-33, Hawaii Revised Statutes, which establishes the correctional program revolving fund for the purpose of offsetting the cost of providing programs for inmates. (SD1)

PBS, WAM

RELATING TO PUBLIC SAFETY.

Directs the department of public safety and department of accounting and general services to plan and design the construction and operation of a new minimum-security facility that either includes or is located at a site with appropriate access to courts, public transportation, drug rehabilitation centers, transitional or reintegration programs, and other support services, and to plan for additional community-custody beds at Oahu community correctional center. (SD1)

PBS, WAM

RELATING TO LAW ENFORCEMENT.

Authorizes, upon the receipt of accreditation or recognition, the department of land and natural resources' division of conservation and resources enforcement officers to use electric guns while performing their duties. Authorizes law enforcement officers of the department of public safety to use electric guns while performing their duties. (SD1)

PBS/WTL, WAM

FOR ALL MEASURES LISTED ABOVE

ONLY WRITTEN COMMENTS SHOULD BE SUBMITTED.

Persons wishing to testify should submit testimony in one of the following ways at least 24 hours prior to the hearing:

· In person: 1 copy of their testimony to the committee clerk, Room 210, State Capitol.

· By fax: Testimony may be faxed if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), at least 24 hours prior to the hearing. When faxing, please indicate to which committee the testimony is being submitted and the date and time of the hearing.

· By Email: Testimony may be emailed if less than 5 pages in length, to testimony@capitol.hawaii.gov. Please indicate to which committee the testimony is being submitted and the date and time of the hearing. Email sent to individual offices or any other Senate office will not be accepted.

If you require special assistance or auxiliary aids or services to participate in the public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the committee clerk 24 hours prior to the hearing so arrangements can be made.

Please note: Documents made available through the Testimony hyperlink(s) above may not be posted until the start of the hearing.

Public Folder. A folder labeled “Public Folder” containing the measures and testimonies for the hearing will be available for shared use by members of the public.

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-6800.

________________________________________

Senator Rosalyn H. Baker

Chair