COMMITTEE ON CONSUMER PROTECTION & COMMERCE AND COMMITTEE ON JUDICIARY
Monday, February 9, 2009
Conference Room 325; State Capitol
2:00 p.m. AGENDA:
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RELATING TO INSURANCE. Adopts the National Association of Insurance Commissioners' Authorization for Criminal History Record Check Model Act to allow fingerprinting of insurance licensees.
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CPC/JUD, FIN |
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RELATING TO INSURANCE. Updates references in Insurance Code.
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CPC/JUD, FIN |
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RELATING TO MORTGAGE LOAN ORIGINATORS. Allows the commissioner of financial institutions to regulate, license, examine, and enforce laws regulating mortgage brokers and loan originators. Repeals chapter 454.
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CPC/JUD, FIN |
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RELATING TO PUBLIC UTILITIES. Guarantees the operation of water and sewer services to Hawaii residents by allowing the Public Utility Commission to take necessary action and appoint receivers whenever regulated public utilities fail to provide adequate and reasonable service.
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CPC/JUD, FIN |
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RELATING TO THE PUBLIC UTILITIES COMMISSION. Requires the public utilities commission to notify the public about new regulatory proceedings via its website and changes the deadline for intervention in certain proceedings to be no later than 20 days after posting of the preceding notice on the commission's website.
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CPC/JUD |
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RELATING TO CONDOMINIUMS. Establishes the evaluative mediation program.
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CPC/JUD, FIN |
Decision making to follow.
Decision making only (heard on Monday, February 2, 2009):
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RELATING TO CONTRACTORS. Prohibits the resumption of work for any person who is issued a citation for operating without a contractor's license in good standing until the person cited holds the required licenses conducted and makes the issuance of citations and cease and desist orders mandatory. Amends penalties. Effective 1/1/10.
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CPC/JUD |
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RELATING TO INSURANCE FRAUD. Expands the authority of the insurance division’s insurance fraud investigations unit to prevent, investigate, and prosecute (both civilly and criminally) insurance fraud beyond motor vehicle insurance cases to all lines of insurance except workers’ compensation.
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CPC/JUD, FIN |
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RELATING TO PUBLIC ACCOUNTANCY. Authorizes the out-of-state practice of public accountancy in this State provided that the practice is conducted through an individual with a permit or privilege to practice in this State. Establishes a privilege to practice in this State for out-of-state practitioners.
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CPC/JUD, FIN |
2:15 p.m. AGENDA:
CPC only:
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RELATING TO CONDOMINIUMS. Makes variety of amendments to the recodified condominium law to clarify and improve implementation of its provisions. Requires insurers to provide summary to association board of directors of association insurance policy.
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CPC |
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RELATING TO CONDOMINIUMS. Limits any late fee for delinquent condominium common expenses to 20% of the monthly maintenance fee. Requires an association to give a unit owner 10 business days notice of any delinquent assessments before taking any action for which attorneys' fees may be assessed.
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CPC, JUD |
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RELATING TO CONDOMINIUMS. Allows the investment of condominium association funds in obligations of the counties or their agencies.
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CPC, FIN |
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RELATING TO CONDOMINIUMS. Merges the condominium management education fund under old condominium law into the condominium education trust fund established under new condominium law.
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CPC, FIN |
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RELATING TO PLANNED COMMUNITY ASSOCIATIONS. Requires the director of commerce and consumer affairs to identify and report on planned community associations in Hawaii. Appropriates funds.
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CPC, FIN |
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RELATING TO CONDOMINIUM PROPERTY REGIMES. Allows the board of directors of an association to allow owners to install antennas for amateur radios. Requires a written statement of the reasons for a denial.
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CPC |
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RELATING TO CONDOMINIUM PROPERTY REGIMES. Clarifies the condominium property regime law with respect to common expense assessments.
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CPC |
Decision making to follow.
Decision making only (heard on Thursday, January 29, 2009):
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RELATING TO INSURANCE. Requires a business to provide commercial motor vehicle insurance coverage for delivery persons who use their own motor vehicles to make deliveries for the business.
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CPC, EBM |
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RELATING TO CONSUMER CREDIT REPORTING AGENCIES. Bars credit reporting agencies from charging consumers who are at least 65 years old a fee for placing, lifting, or removing a security freeze on their credit reports. Provides an expedited manner for temporarily lifting a security freeze.
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CPC, JUD |
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RELATING TO PAYDAY LENDING. Requires check cashing (deferred deposit) businesses to register with DCCA, post and provide consumers with rate, fee, and other information, keep records, and report to DCCA; regulates payment plans; exempts check casher fees and interest from general excise tax; regulates retailers who occasionally cash checks.
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CPC, FIN |
COMMITTEE ON EDUCATION
Monday, February 9, 2009
Conference Room 309; State Capitol
2:00 p.m. AGENDA:
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RELATING TO EDUCATION. Allows the principal of each public school to establish and use a debit card system based at the individual school level for the purpose of purchasing school supplies and other related curriculum support supplies.
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EDN, FIN |
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RELATING TO EDUCATION. Allows home school students to participate on an equal basis in any extracurricular activities offered by a public school. Requires home school students to pay applicable activity participation fees.
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EDN, FIN |
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RELATING TO DEPARTMENT OF EDUCATION. Directs DOE to transfer Keanae School over to DLNR; directs DLNR to work with community to assure maximum benefit of Keane School property for the community.
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EDN, WLO, FIN |
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RELATING TO EDUCATION. Creates the Facilities Alignment Commission to establish criteria for the selection of public schools to be constructed, expanded, consolidated, or closed, and recommend a list of areas for new school construction, and of schools for expansion, consolidation, or closure. Requires the Board of Education to comply with these recommendations if the legislature does not disapprove of them in their entirety.
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EDN, FIN |
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RELATING TO EDUCATION. Clarifies and better organizes the statutory provisions for school impact fees.
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EDN, WLO, FIN |
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RELATING TO CHARTER SCHOOLS. Establishes a charter school funding mechanism to ensure that charter schools receive fair and equitable funding.
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EDN, FIN |
Decision making to follow.
2:30 p.m. AGENDA:
HED/EDN only:
Decision making only (heard on Thursday, February 5, 2009):
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RELATING TO PUBLIC ACCOMMODATIONS. Specifies state-operated schools, libraries, community colleges, and universities as examples of facilities that are places of public accommodation subject to anti-discriminatory prohibitions.
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HED/EDN, JUD |
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RELATING TO THE SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH INCOME TAX CREDIT. Provides an income tax credit for donations made to a qualifying science, technology, engineering, and math academy certified by the department of business, economic development, and tourism.
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EDN/HED, EBM, FIN |
COMMITTEE ON PUBLIC SAFETY
Monday, February 9, 2009
3:30 p.m.
Conference Room 309; State Capitol
AGENDA:
Decision making only (heard on Thursday, January 29, 2009):
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RELATING TO DNA COLLECTION FOR ARRESTEES OF VIOLENT CRIMES. Requires DNA collection from those arrested for violent crimes.
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PBS, JUD, FIN |
Decision making only (heard on Thursday, February 5, 2009):
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RELATING TO PUBLIC SAFETY. Requires privately owned prisons or out-of-state detention facilities holding prisoners under a contract with the State to follow state freedom of information laws pursuant to chapter 92F, Hawaii Revised Statutes.
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PBS, JUD, FIN |
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RELATING TO PUBLIC SAFETY. Requires the office of Hawaiian affairs to conduct a study on the disparate treatment of native Hawaiians and other ethnic groups in the State's criminal justice system; makes an appropriation.
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PBS, HAW, FIN |
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RELATING TO COGNITIVE RESTRUCTURING. Requires the department of public safety to establish a reintegration pilot program that combines cognitive behavioral theory with native Hawaiian holistic interventions that address domestic violence, addictions, self mastery through identity, and community connections for successful transitions back into the community.
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PBS, HAW, FIN |
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RELATING TO PUBLIC SAFETY. Makes clear that the office of the ombudsman has the authority to investigate facilities that hold Hawaii inmates, appropriates funds to conduct investigations, and makes gender neutral amendments.
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PBS, LMG, FIN |
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RELATING TO PUBLIC SAFETY. Requires a correctional impact statement be attached to any bill that proposes a change in the law that creates a public offense, significantly changes an existing public offense or the penalty for an existing offense, or changes existing sentencing, parole, or probation procedures.
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PBS, LMG, FIN |
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RELATING TO PRIVATE PRISON PERFORMANCE AUDIT. Authorizes the state auditor to conduct performance audits of private prisons housing Hawaii inmates, namely Red Rock Correctional Center and Saguaro Correctional Center in Eloy, Arizona and Otter Creek Correctional Center in Wheelwright, Kentucky in the following areas: (1) treatment and services that Corrections Corporation of America is providing to Hawaii inmates including medical, mental health, substance abuse treatment, education, vocational training, and food services; (2) visitation, videoconferencing, and telephone communication; and (3) the department of public safety's monitoring of private prisons, enforcement of contract provisions, and public access to contracts and monitoring reports.
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PBS, LMG, FIN |
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RELATING TO EMERGENCY SHELTERS. Requires new state buildings to be evaluated for suitability as an emergency shelter, and requires qualifying new state buildings to be modified to serve as emergency shelters.
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PBS, WLO, FIN |
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RELATING TO PUBLIC ASSISTANCE. Requires director of public safety to transmit monthly reports to department of human services (DHS) listing all newly admitted inmates during the previous month to a correctional facility. Requires DHS to identify inmates who receive public assistance, regardless of the nature of the inmate's offense, to enforce the prohibition of inmates from receiving public assistance.
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PBS, HUS, FIN |
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RELATING TO ENHANCED 911 SERVICES. Lowers costs for cell phone subscribers by reducing the Wireless Enhanced 911 surcharge from 66 to 46 cents. Expands the membership and responsibilities of the Wireless Enhanced 911 Board.
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PBS, CPC, FIN |
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RELATING TO FIRE PROTECTION. Makes discretionary, rather than mandatory, fire inspections conducted by the county fire chiefs. Provides that frequency of inspections of buildings other than public schools shall be as deemed necessary rather than every 2 years.
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PBS, JUD, FIN |
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RELATING TO FIREWORKS. Bans all fireworks in counties with a population of more than 500,000 persons.
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PBS, TCI, JUD |
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RELATING TO FIREWORKS. Provides for a statewide ban of consumer fireworks (firecrackers).
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PBS, TCI, JUD |
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RELATING TO CIVIL DEFENSE. Allows the counties to condition the approval of permits for the construction of new residential housing in tsunami inundation zones on the installation of tsunami warning sirens or payment of impact fees. Requires the disability communications access board to identify internationally recognized symbols to be used in the event of a disaster or emergency to communicate notices to persons that do not understand verbal or written communications.
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PBS, HSG/WLO, FIN |
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RELATING TO MEDICAL MARIJUANA. Allows a qualifying patient to possess 12 marijuana plants and 7 ounces of marijuana at one time. Prohibits identification of the site where marijuana is grown on a registry card. Prohibits a certifying physician from naming a patient's particular debilitating condition. Allows a caregiver to grow marijuana for no more than 5 patients.
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PBS, JUD |
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RELATING TO CONTROLLED SUBSTANCES. Establishes new recordkeeping requirements and establishes penalties; amends and adds definitions; requires physical examination of patient by physician; and increases penalties relating to medical marijuana.
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PBS, JUD, FIN |
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RELATING TO CONTROLLED SUBSTANCES. Makes Hawaii's controlled substance laws consistent with that of federal law and clarifies sections of chapter 329 relating to controlled substances.
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PBS, CPC/JUD, FIN |
COMMITTEE ON HAWAIIAN AFFAIRS
Monday, February 9, 2009
Pakukalo Community Center
657 Kaumualii Street
Wailuku, Maui 96793
6:00 p.m. AGENDA:
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OFFICE OF HAWAIIAN AFFAIRS
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Boyd Mossman, Trustee William Meheula, Attorney at Law Clyde Namu`o, Administrator |
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Presentation on HB 901- OHA to receive a portion of the income and proceeds from land in public land trust.
6:05 p.m. – 9:00 p.m. AGENDA:
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RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS. Amends the law to provide for the office of Hawaiian affairs to receive a portion of the income and proceeds from land in the public land trust.
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HAW,WLO/ JUD, FIN
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COMMITTEE ON ECONOMIC REVITALIZATION, BUSINESS, & MILITARY AFFAIRS
Tuesday, February 10, 2009
Conference Room 312; State Capitol
8:30 a.m. AGENDA:
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MAKING AN APPROPRIATION FOR THE ABOUT FACE PROGRAM. Appropriates TANF funds for Hawaii national guard about face family of programs for FY 2009-2010 and 2010-2011.
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EBM, HUS, FIN |
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RELATING TO TAXATION. Provides a tax credit to department of defense high technology contractors that hire workers who are residents of the State.
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EBM, FIN |
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RELATING TO PROCUREMENT. Requires the state procurement office to conduct audits and follow-up audits to ensure compliance with the procurement code and report results to the legislature; makes comptroller ex-officio nonvoting member of procurement policy board.
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EBM, FIN |
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RELATING TO HAWAII PUBLIC PROCUREMENT CODE. Exempts GSA-approved sole source vendors on procurements involving federal matching funds from certain sole source procurement provisions.
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EBM, FIN |
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Decision making only (heard on Thursday, February 5, 2009): |
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RELATING TO GENERAL EXCISE TAX. Establishes an annual exemption from the general excise tax on the purchase of school supplies of less than $50 per purchase and computers, computer software, and computer supplies of less than $750 per purchase made between 12:01 A.M. on the last Friday in July and 11:59 P.M. the following Sunday.
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EBM, FIN |
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RELATING TO THE HAWAII COMMUNICATIONS COMMISSION. Establishes the Hawaii communications commission (HCC) in the department of commerce and consumer affairs (DCCA). Transfers functions relating to telecommunications from the PUC to the HCC. Also transfers functions relating to cable services from DCCA to HCC.
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EBM, CPC, FIN |
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RELATING TO TECHNOLOGY. Implements key recommendations of the Hawaii broadband task force by establishing the Hawaii communications commissioner (HCC) in the department of commerce and consumer affairs (DCCA). Transfers functions relating to telecommunications from the public utilities commission to the HCC and functions relating to cable services from DCCA to the HCC. Establishes a work group to develop procedures to streamline state and county broadband regulation, franchising, and permitting and report to the legislature.
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EBM, CPC, FIN |
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RELATING TO THE HAWAII COMMUNICATIONS COMMISSION. Establishes the Hawaii Communications Commission (HCC) in the Department of Commerce and Consumer Affairs (DCCA). Transfers functions relating to telecommunications from the Public Utilities Commission (PUC) to the HCC. Also transfers functions relating to cable services from DCCA to HCC.
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EBM, CPC, FIN |
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RELATING TO REAL PROPERTY. Mandates certain conditions applicable to certain commercial and industrial leases. Exempts certain sales of fee interest to lessee from state income tax.
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EBM, JUD, FIN |
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RELATING TO LEASEHOLD CONVERSION. Provides for the mandatory lease-to-fee conversion of leasehold business property.
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EBM, JUD, FIN |
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Decision making to follow.
COMMITTEE ON ECONOMIC REVITALIZATION, BUSINESS, & MILITARY AFFAIRS AND COMMITTEE ON AGRICULTURE
Tuesday, February 10, 2009
Conference Room 312; State Capitol
10:30 a.m. AGENDA:
EBM/AGR only:
Decision making only (heard on Thursday, February 5, 2009):
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RELATING TO PROCUREMENT. Allows for persons desiring a Hawaii product preference when submitting bids to self-certify as an alternative to registration on the Hawaii products list. Amends the definition of a Hawaii product by revising the product classes. Revises administrative rules relating to exemptions from procurement.
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EBM/AGR, JUD, FIN |
COMMITTEE ON HEALTH
Tuesday, February 10, 2009
8:30 a.m.
Conference Room 329; State Capitol
AGENDA:
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RELATING TO MEDICAL TORTS. Limits the amount awarded for non-economic damages in medical tort cases to $750,000 aggregate and $250,000 per physician, healthcare provider, healthcare facility, and any other involved parties. Sets the award limit for non-economic damages in cases of gross negligence at $3,000,000.
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HLT, JUD |
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RELATING TO MEDICAL TORTS. Places a ceiling on non-economic damages in medical torts involving neurologists and neurosurgeons.
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HLT, JUD |
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RELATING TO EMERGENCY MEDICAL PHYSICIANS. Provides additional protection for physicians who render medical services in genuine emergency situations involving an immediate threat of death or serious bodily injury.
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HLT, JUD |
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RELATING TO MEDICAL MALPRACTICE CLAIMS. Establishes a medical malpractice damages task force to develop a strategic plan to address the high costs of medical malpractice insurance rates and make recommendations on damage award ranges and guidelines for medical malpractice claims.
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HLT, CPC/JUD, FIN |
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RELATING TO MEDICAL TORTS. In medical tort litigation authorizes the court to impose sanctions on a party whose rejection of the Medical Claim Conciliation Panel decision resulted in the trial and who at trial fails to improve on the panel's award by increasing or decreasing it by at least 30 percent.
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HLT, JUD |
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RELATING TO MEDICAL TORTS. Requires claimants who reject the medical claim conciliation panel's award of damages and pursue litigation to pay the health care provider's attorneys' fees, costs, and cost of the provider's time, unless the litigation results in an award of more than 200% of the panel's award. Requires claimants who reject the panel's finding of no negligence and pursue litigation to pay the attorneys' fees and costs of all defendants, unless the result of litigation is a judgment in favor of the claimant.
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HLT, JUD |
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RELATING TO THE MEDICAL CLAIM CONCILIATION PANEL. Prohibits the medical claim conciliation panel from filing claims brought after statute of limitations expires. Authorizes the panel to dismiss frivolous or non-meritorious claims. Requires the panel to provide a copy of the certificate of consultation to the health care providers.
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HLT, JUD |
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RELATING TO MEDICAL MALPRACTICE CAPTIVE INSURANCE. Forms a captive insurance company to provide medical malpractice insurance to self-employed medical doctors.
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HLT, CPC/JUD, FIN |
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RELATING TO MEDICAL INJURIES. Establishes a working group to review the concept of health courts to handle medical injury claims and report its findings to the legislature.
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HLT, JUD, FIN |
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RELATING TO MEDICAL TREATMENT. Requires a health care provider to disclose to patients adverse events relating to their medical treatment.
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HLT, JUD/CPC |
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RELATING TO MEDICAL TREATMENT. Requires the Hawaii medical board to collect and publish information about physicians licensed in the State to allow consumers to make informed decisions in selecting physicians.
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HLT, CPC/JUD |
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RELATING TO MEDICAL AMNESTY. Establishes limited immunity for individuals who seek medical assistance for victims of drug overdoses.
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HLT, JUD |
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RELATING TO RURAL PHYSICIANS TAX CREDIT. Provides a tax credit on a sliding scale for amounts paid for medical malpractice insurance premiums by physicians that move to, and practice medicine in, rural areas.
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HLT, JUD, FIN |
Decision making to follow.
COMMITTEE ON ENERGY & ENVIRONMENTAL PROTECTION
Tuesday, February 10, 2009
Conference Room 325; State Capitol
9:00 a.m. AGENDA:
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RELATING TO HEALTH. Changes the name of the Environmental Health Education Fund to the Sanitation and Environmental Health Fund and allows the Fund to be used for sanitation program activities.
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HLT, EEP, FIN |
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RELATING TO ELECTRONIC WASTE RECYCLING. Makes clarifying amendments to the electronic waste recycling act.
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EEP, EBM |
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RELATING TO RENEWABLE ENERGY. Deletes avoided cost by a utility in determining a just and reasonable rate for nonfossil fuel generated electricity.
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EEP, CPC |
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RELATING TO ALCOHOL FUELS. Improve Hawaii's economic and energy security position by establishing a preference for locally produced alcohol fuels.
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EEP, FIN |
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RELATING TO ETHANOL FACILITY TAX CREDIT. Caps the total annual amount of ethanol facility tax credits allowed at $8,000,000 between 01/01/09 to 12/31/12.
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EEP, FIN |
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RELATING TO AIR POLLUTION FEES. Removes the exemption from fees for air pollution emissions in excess of 4,000 tons annually from covered sources.
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EEP, FIN |
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RELATING TO GRAY WATER. Requires county gray water recycling programs to conform to standards established by the department of health.
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EEP, FIN |
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RELATING TO GRAY WATER RECYCLING. Requires the department of health to establish a gray water recycling program for premises not served by a county wastewater system. Permits counties to establish gray water recycling programs in areas served by a county wastewater system.
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EEP, FIN |
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RELATING TO PROPERLY INFLATED TIRES. Requires retail service stations to provide free tire pressure gauges and operational tire inflation devices to enable motorists to maintain properly inflated tires so as to increase the overall operating efficiency of existing vehicles. Provides penalty.
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EEP, CPC/JUD |
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RELATING TO MOBILE BILLBOARDS. Amends the restrictions on the use of mobile billboards and provides for penalties. Exempts businesses using advertising devices used in the daily function of the business.
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EEP, JUD |
Decision making to follow.
9:30 a.m. AGENDA:
EEP/WLO only:
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RELATING TO WATER QUALITY STANDARDS. Amends state water quality standards for marine waters to conform to federal standards.
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EEP/WLO, FIN |
Decision making to follow.
COMMITTEE ON LABOR & PUBLIC EMPLOYMENT
Tuesday, February 10, 2009
9:00 a.m.
Conference Room 309; State Capitol
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RELATING TO WORKERS' COMPENSATION. Increases the fee schedule of compensation for medical care in workers' compensation cases from 110% to 150% of the Medicare Resource Based Relative Value Scale system applicable to Hawaii as prepared by the United States Department of Health and Human Services.
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LAB, CPC, FIN |
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RELATING TO WORKERS' COMPENSATION. Requires independent medical examinations and permanent impairment rating examinations to be performed by physicians mutually agreed upon by employers and employees or appointed by the director of labor and industrial relations.
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LAB, FIN |
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RELATING TO WORKERS' COMPENSATION. Requires the employer to continue medical services to an injured employee despite disputes over whether treatment should be continued, until the director of labor and industrial relations decides whether treatment should be continued.
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LAB, FIN |
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RELATING TO PUBLIC WORKS. Requires that the collective bargaining agreement be submitted to the director of labor and industrial relations in order for the terms in the agreement to dictate the prevailing wages with regard to a project financed through the issuance of a special purpose revenue bond.
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LAB, FIN |
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RELATING TO WORKERS' COMPENSATION. Excludes services performed by an individual who is a member of a limited liability company or a partner of a limited liability partnership who has a distributional interest in the company or partnership of at least 50%, a partner of a partnership, and a sole proprietor from the definition of "employment" under the workers' compensation law.
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LAB, EBM, FIN |
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RELATING TO TAXATION. Imposes the state income tax on rollovers made by state and county employees and employees of certain tax exempt employers from qualifying deferred compensation plans to eligible retirement plans.
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LAB, FIN |
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RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. Deletes the sunset date of 1/2/11 on the prohibition on approving employees' retirement system benefit enhancements while an unfunded accrued liability exists.
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LAB, FIN |