COMMITTEE ON CONSUMER PROTECTION & COMMERCE AND COMMITTEE ON JUDICIARY
Monday, March 29, 2010
2:00 p.m.
Conference Room 325; State Capitol
AGENDA:
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RELATING TO PUBLICITY RIGHTS NAMES AS DISTINGUISHED FROM TRADE NAMES AND SPECIFYING REGISTRATION PROCEDURES FOR PUBLICITY RIGHTS NAMES BY AMENDING CHAPTER 482P. Renames "publicity rights trade name registration" as "publicity rights name registration" under Chapter 482P, Hawaii Revised Statutes. Gives the Department of Commerce and Consumer Affairs discretion to implement the law in a manner that complies with the law's legislative intent. Effective July 1, 2112. (SB2775 HD1)
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EBM, CPC/JUD |
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RELATING TO ACTIVITY DESKS. Establishes record keeping and trust account requirements for client trust accounts held by activity desks. Clarifies that activity desks shall include registration numbers on all advertising materials. Requires an activity desk to obtain full payment for activities prior to or at the time reservations are made, subject to certain exceptions. Increases required amount of bond or letter of credit to $250,000. Effective January 1, 2112. (SB2607 HD1)
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TCI, CPC/JUD |
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RELATING TO TELEMEDICINE. Provides for telemedicine to be included in the practice of medicine. Amends liability insurance provisions to require telehealth coverage under medical malpractice insurance. Effective July 1, 2050. (SB2491 HD1)
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HLT, CPC/JUD |
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RELATING TO THE HAWAII EMPLOYERS' MUTUAL INSURANCE COMPANY. Clarifies that the Hawaii Employers Mutual Insurance Company shall not have any additional third-party duty nor incur any additional liability toward members or beneficiaries beyond that explicitly created by statute. Makes housekeeping amendments. (HB2597 HD1)
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LAB, CPC/JUD |
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RELATING TO INTOXICATING LIQUOR. Restricts to 6:00 a.m. to 12:00 a.m., BYOB liquor consumption on unlicensed premises. Establishes class 17 license for BYOB establishments operating between 6:00 a.m. and 2:00 a.m. and requires liquor liability insurance. Increases on-premises brewpub licensee manufacturing limit from 10,000 to 30,000 barrels. Effective July 1, 2020. (SB2545 HD1)
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EBM, CPC/JUD |
Decision making to follow.
Decision making only (heard on 03/11/10)
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RELATING TO MORTGAGE FORECLOSURES. Requires thirty days written notice of the mortgagee's intent to foreclose and make the mortgagor aware of the availability of mortgage counseling; requires a foreclosing mortgagee to, upon the mortgagor's request, provide a copy of the promissory note and mortgage documents before initiating foreclosure proceedings; and clarifies that seventy per cent of an appraisal or banker's price opinion is a fair and reasonable public sale price. Effective 7/1/2050. (SD2)
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CPC/JUD |
CPC only
2:05 p.m. AGENDA:
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RELATING TO LIMITED BENEFIT HEALTH INSURANCE. Excludes limited benefit health insurance and medicare supplements from provisions of chapter 431:10A enacted after July 1, 2010. (SD2)
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HLT, CPC |
Decision making to follow.
2:10 p.m. AGENDA:
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REQUESTING THE PUBLIC UTILITIES COMMISSION TO CONDUCT A STUDY ON RETAIL WHEELING TO SUPPORT THE DEVELOPMENT OF RENEWABLE ENERGY SYSTEMS TO MEET THE ELECTRICITY NEEDS OF RETAIL CUSTOMERS.
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CPC, EEP |
Decision making to follow.
COMMITTEE ON FINANCE
Monday, March 29, 2010
2:00 p.m.
Conference Room 308; State Capitol
AGENDA: # 1
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RELATING TO THE UNIVERSITY OF HAWAII. Repeals the sunset provision in Act 106, Session Laws of Hawaii 2008, to allow the University of Hawaii to continue transferring funds, other than general funds and University of Hawaii tuition and fees special funds, into the University of Hawaii commercial enterprises revolving fund to finance the establishment of new commercial enterprises, with certain exceptions, beyond June 30, 2011.
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HED, FIN |
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RELATING TO UNIVERSITY OF HAWAII PROJECTS. Extends the sunset provision in Act 138, Session Laws of Hawaii 2005, relating to providing funding to the University of Hawaii to construct or renovate housing units.
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HED, FIN |
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RELATING TO THE UNIVERSITY OF HAWAII CAPITAL IMPROVEMENTS PROGRAM PROJECT ASSESSMENT SPECIAL FUND. Establishes the University of Hawaii capital improvements program project assessment special fund.
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HED, FIN |
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RELATING TO THE UNIVERSITY OF HAWAII. Gives the University of Hawaii fiscal autonomy from the comptroller beyond June 30, 2011. Removes the time limit on the authority of the University of Hawaii to install a different accounting system. Extends the comptroller's authority to request the University of Hawaii to provide information for the preparation of income and expenditure statements. Extends the University of Hawaii's authority to submit proposed new forms or changes to forms for only uniform business and accounting forms for review and approval. Extends the University of Hawaii's chief financial officer's authority to approve assignment of moneys to assignees. Extends beyond June 30, 2011 the requirement for the University of Hawaii to report to the comptroller transactions involving moneys held outside of the state treasury by the University of Hawaii.
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HED, FIN |
Decision making to follow.
2:30 p.m. AGENDA: # 2
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RELATING TO CHILD PROTECTIVE ACT. Establishes child protective provisions in the Hawaii Revised Statutes that are consistent with federal Title IV-E provisions. Effective July 1, 2050
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HUS, JUD, FIN |
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RELATING TO THE EMERGENCY AND BUDGET RESERVE FUND. Appropriates moneys from the emergency and budget reserve fund to maintain levels of programs for education, human services, and health. Effective July 1, 2050.
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HUS/HLT, FIN |
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RELATING TO THE DEPARTMENT OF HUMAN SERVICES. Requires Medicaid contracts between the department of human services and Medicaid healthcare insurance plan contractors to contain provisions affecting the reimbursement obligations in the policies between the Medicaid healthcare insurance plan contractors and the home and community-based case management agencies. Convenes a task force to determine the feasibility of the Department of Human Services proposed reorganization. Effective January 1, 2050.
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HUS/HLT, FIN |
Decision making to follow.
4:00 p.m. AGENDA: # 3
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RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. Increase the membership of the Board of Trustees of the Employees' Retirement System to ten with a member selected by the Council of Mayors who is confirmed by the Senate and adding an additional member who belongs to the system.
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LAB, FIN |
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RELATING TO THE PAYMENT OF EMPLOYEES' RETIREMENT SYSTEM BENEFITS. Provides for the payment of state retirement system benefits on a monthly basis by direct deposit to a financial institution account.
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LAB, FIN |
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RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS. Requires professional employer organizations to register with the insurance commissioner. Specifies requirements for registration. Requires bond.
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LAB/EBM, FIN |
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RELATING TO EMPLOYMENT SECURITY. Clarifies that the Department of Labor and Industrial Relations shall either allow individuals to post job-availability online independently, or post the information online for the individual after the individual provides the necessary information on a form prescribed by the Department.
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LAB, EBM, FIN |
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RELATING TO UNEMPLOYMENT INSURANCE BENEFITS. Authorizes an individual who is attached to a regular employer that is not offering work to still receive unemployment insurance benefits even if that individual voluntarily or involuntarily separates from part-time employment, with or without good cause.
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LAB, FIN |
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RELATING TO THE BOARD OF TRUSTEES OF THE DEFERRED COMPENSATION PLAN. Makes the Director of Human Resources Development one of two ex officio members on the Board of Trustees of the Deferred Compensation Plan and deletes the requirement for the Director to serve as the Chairperson. Requires the Board to have five employee members appointed by the Governor with the advice and consent of the Senate.
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LAB, FIN |
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RELATING TO MEDICAL AND REHABILITATION BENEFITS. Clarifies that a physician or surgeon may conduct diagnostic testing or engage in a one-time consultation for a subspecialty diagnostic evaluation and treatment recommendations from a board certified or licensed specialist. Allows for the one-time consultation to be referred to a board certified or licensed specialist working in a facility in which a physician or surgeon may have a financial interest.
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LAB, CPC, FIN |
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RELATING TO VOCATIONAL REHABILITATION IN WORKERS' COMPENSATION LAW. Requires a provider in its rehabilitation plan to determine if modified or other work with the same employer represents suitable gainful employment.
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LAB, FIN |
Decision making to follow.
5:00 p.m. AGENDA: # 4
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RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. Adds three new sections on selection of benefit plan carriers, fiduciary duties, and liability for breach of fiduciary duty; exempts the Hawaii employer-union health benefits trust fund from the requirement to use the attorney general; increases the members of the board of trustees from ten to twelve and changes membership and terms; authorizes the board to retain an attorney who is independent of the attorney general as legal advisor; transfers the fund from the department of budget and finance to the department of human resources development. Requires biennial reports to the legislature. Sunsets on July 1, 2015.
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LAB, FIN |
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RELATING TO THE EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. Requires one trustee of the employer-union health benefits trust fund to be occupied by a representative appointed by the Hawaii council of mayors to represent county interests. Effective upon approval.
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LAB, FIN |
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MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS. Provides employer contribution amounts for Hawaii Employer-Union Health Benefits Trust Fund health benefit plan premiums in plan years 2009-2010 and 2010-2011 for employees of collective bargaining units (1) and (10) and their excluded counterparts. Effective upon its approval.
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LAB, FIN |
Decision making to follow.
6:00 p.m. AGENDA: # 5
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RELATING TO STATE FINANCES. Clarifies the role of the director of finance with respect to maintaining books and records. Effective 1/1/50.
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FIN |
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RELATING TO TAXATION. Clarifies the law with respect to comfort letters issued by the department of taxation. Effective 12/31/2100.
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FIN |
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RELATING TO TAX CREDITS. Provides for the statutory ordering of income tax credits, which requires the claiming of refundable credits first, followed by nonrefundable credits.
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FIN |
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RELATING TO TAXATION. Establishes a wagering loss deduction for state income taxes. Applies retroactively beginning after December 31, 2008.
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FIN |
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RELATING TO TAXATION. Establishes a refundable Hawaii residential housing income tax credit for qualified taxpayers who purchase a qualified principal residence on or after 4/1/2010, and before 1/1/2012, that is payable to the qualified taxpayer in two equal installments over the immediately following two taxable years. Effective 7/1/2050.
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HSG, FIN (Pending re-referral) |
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RELATING TO TAXATION. Replaces the first $1,000,000, with an unspecified amount, of Transient Accommodation Tax deposited into the Tourism Special Fund that is to be distributed by unspecified percentages into the State Parks Special Fund and Special Land Development Fund, and adds the Pest Inspection, Quarantine, and Eradication Fund. Effective July 1, 2020.
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TCI/AGR, FIN |
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PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 2, OF THE HAWAII CONSTITUTION, TO CHANGE THE BOARD OF EDUCATION FROM AN ELECTED BOARD TO AN APPOINTED BOARD. Amends the Hawaii Constitution to provide for a Board of Education whose members are to be appointed by the Governor, as provided by law, and to remove the nonvoting student member. Effective July 1, 2020.
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EDN, FIN |
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RELATING TO THE BOARD OF EDUCATION. Requires the members of the Board of Education to be nominated and, by and with the advice and consent of the Senate, appointed by the Governor from lists of qualified candidates presented to the Governor by the Board of Education Selection Advisory Council. Effective July 1, 2020.
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EDN, FIN |
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RELATING TO TRANSPORTATION OF SCHOOL CHILDREN. If funds are available, requires the Department of Education to provide or subsidize the cost of suitable transportation to and from school for public school students in kindergarten to grade 12 and special education classes, except for those who attend public schools located in the Honolulu departmental district. Effective July 1, 2050.
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EDN, FIN |
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RELATING TO HEALTH SAVINGS ACCOUNTS. Establishes a Task Force to evaluate the current state of health savings accounts options in Hawaii's health insurance market and to explore ways to expand access to these accounts in Hawaii. Effective July 1, 2050.
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HLT, LAB, FIN (Pending re-referral) |
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RELATING TO EMPLOYMENT SECURITY. Amends the appropriation from the UI trust fund and the amounts allocated to the workforce investment boards on the islands of Oahu, Maui, Kauai, and Hawaii; amends the appropriation to be used by the workforce development council; repeals the appropriation allocated to the department of labor and industrial relations for administrative expenses. Effective 7/1/2050.
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LAB, FIN |
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RELATING TO ATHLETIC TRAINERS. Requires the Auditor to conduct a sunrise analysis of the licensure of athletic trainers.
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TCI, CPC, FIN |
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RELATING TO HEALTH INSURANCE. Mandates health insurance coverage for colorectal-cancer screening based on the recommendations of the U.S. Preventive Services Task Force. Requires health insurance providers in Hawaii to provide their insured with information about the risks of undiagnosed colorectal-cancer and encourage their insured to consult with their physician about screening options. Effective January 1, 2050.
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HLT, CPC, FIN |
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RELATING TO THE STATE FOUNDATION ON CULTURE AND THE ARTS. Authorizes the use of moneys from the Works of Art Special Fund for State Foundation on Culture and the Arts personnel costs; use of the fund for personnel costs sunsets June 30, 2015. Effective January 1, 2112.
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TCI, FIN |
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RELATING TO PRIVATE GUARDS. Establishes registration requirements, including training, instruction, and continuing education for guards and individuals acting in a guard capacity. Directs the Board of Private Detectives and Guards to make rules.
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CPC, FIN |
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RELATING TO CONSTRUCTION SITES. Establishes a Construction Site Inspection Task Force to be led by the Department of Commerce and Consumer Affairs to investigate and inspect construction sites for unlicensed contractors.
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CPC, FIN |
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RELATING TO ECONOMIC DEVELOPMENT. Extends Tax Credit for Research Activities for an additional year and repeals the remaining Act 221 tax credits. Requires Hawaii Community-Based Economic Development Revolving Fund to be used to fund Community-Based Economic Development Program and Enterprise Zone Program operating costs.
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EBM, FIN |
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RELATING TO INFORMATION TECHNOLOGY. Implements the information technology recommendations of Auditor's Report No. 09-06; establishes within the Office of the Governor a Chief Information Officer and Information Technology Steering Committee to organize, manage, and oversee statewide information technology governance. Creates the Shared Services Technology Special Fund to be funded by an unspecified percentage of central services fees. Effective July 1, 2112.
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EBM, FIN |
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RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS. Provides for the election of the office of Hawaiian affairs board members through a system of nonpartisan primary and general elections to begin with the 2014 elections. Effective 7/1/2050.
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JUD, FIN |
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RELATING TO THE HAWAIIAN LANGUAGE COLLEGE. Requires the Hawaiian Language College at the University of Hawaii at Hilo, Department of Education, and Charter School Administrative Office to enter into an agreement regarding the Hawaiian Language College's functions related to Nawahiokalani‘opu‘u School and other schools as laboratory schools. Effective July 1, 2050. |
HED/EDN, HAW, FIN |
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RELATING TO ENVIRONMENTAL PROTECTION. Requires businesses in the State to collect a 5 cent offset fee for each plastic or paper disposable checkout bag provided to a customer. Allocates the offset fee: 2 cents to the business and 3 cents to the general fund. Effective 7/1/2010.
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EEP/EBM, FIN |
Decision making to follow.
7:00 p.m. AGENDA: # 6
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RELATING TO PUBLIC SERVICE. Proposed HD1: Creates a temporary freeze on the hiring of individuals who perform work which has traditionally been done by State civil service employees by prohibiting the permanent filling, directly or indirectly, any and all positions insulated from partiality from the effective date of this Act through January 2, 2011, which positions insulated from partiality being defined as civil service positions within the State employment system which are compensated at the E.M. pay scale, and all positions in the employment system of a non-governmental employer that require the position holder to perform work that has traditionally been done by State civil service employees. Requires every state agency to report to the legislature all non-civil service, temporary employees employed by the agency for each quarterly period of the fiscal year. Establishes a definition for initial probation period; amends section 76-27(a)(1), HRS, to provide that the initial probation period for a person transferring between a position exempt under section 76-16, HRS, to a civil service position from the effective date of the act until the commencement of the 2011 legislative session
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LAB, FIN |
Copies of the proposed HD1 are available in room 306 and on the Legislature's Web site: http://www.capitol.hawaii.gov.
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RELATING TO TAXATION. Proposed HD1: Adds a definition for large cigar and changes the definition of little cigars and tobacco products.
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CPC, FIN |
Copies of the proposed HD1 are available in room 306 and on the Legislature's Web site: http://www.capitol.hawaii.gov.
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RELATING TO NON-GENERAL FUNDS. Proposed HD1: Addresses the fiscal year 2009-2010 budget shortfall transferring a total of $95,950,000 in excess balances from various non-general funds.
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FIN |
Copies of the proposed HD1 are available in room 306 and on the Legislature's Web site: http://www.capitol.hawaii.gov.
Decision making to follow.
8:00 p.m. AGENDA: #7
Decision making only (heard on 03-17-10)
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RELATING TO USE OF TOBACCO SETTLEMENT FUNDS. Extends sunset date in Act 264, relating to tobacco fund settlement, for continued use by John A. Burns School of Medicine. Requires annual reporting by the University of Hawaii. Reallocates moneys in the Hawaii tobacco settlement special fund. (SD2)
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FIN |
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RELATING TO TAXATION. Changes the allocation of an amount received in partial payment of an assessment of taxes to interest, penalties, and principal in equal amounts, rather than to the three categories by priority. (SD1)
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FIN |
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RELATING TO GENERAL EXCISE TAX. Makes permanent the general excise tax exemptions for condominium common expenses paid by managers, submanagers, and suboperators, and for hotel employee expenses paid by hotel operators and timeshare projects. Clarifies the maximum allowable tax exemption. (SD1)
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FIN |
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RELATING TO TAXATION. Amends income tax code regarding the withholding of tax on the disposition of real property by nonresident persons.
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FIN |
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RELATING TO TAXATION. Establishes a waiver program to exempt a taxpayer's wagering winnings legally acquired outside of the State during a consecutive 5-day period.
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FIN |
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RELATING TO TAXATION. Adopts amendments to Hawaii tax laws to implement the streamlined sales and use tax agreement. Effective 1/1/2099.
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FIN |
Decision making only (heard on 03-25-10)
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RELATING TO TECHNOLOGY. Creates the Hawaii broadband commission and the Hawaii broadband commissioner to promote and maximize the availability of broadband services in the state. Appropriates funds. Effective July 1, 2112. (SB2543 HD1)
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EBM/CPC, FIN |
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RELATING TO PUBLIC PROCUREMENT. Requires at least eighty per cent of workers on construction procurements to be Hawaii residents; provides sanctions for noncompliance including temporary suspension of contract work, payment withholding, disqualification from the project, recovery of contract payments, and disbarment or suspension. (SB2840 HD1)
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EBM/LAB, FIN |
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RELATING TO VITAL STATISTICS. Requires DOH, within six weeks of the last day of each month and at no charge, to provide each county's real property assessment division with a list of all persons age 18 and older whose deaths were recorded by DOH during the previous month. Effective July 1, 2020. (SB2611 SD2)
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HLT, FIN |
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RELATING TO TRAFFIC ABSTRACT FEE. Increases the fee for a traffic abstract from $7 to $10 and increases the amount of the fee deposited into the general fund from $5 to $8.
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JUD, FIN |
8:10 p.m. AGENDA: # 8
Decision making only (heard on 03-26-10)
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RELATING TO AGRICULTURAL INSPECTIONS. Makes various amendments to the agricultural inspection and biosecurity laws, including the following: (1) Exempts aggregate bulk freight, cement bulk freight, coal bulk freight, and liquid bulk freight from the Pest Inspection, Quarantine, and Eradication Service fee; (2) Expands the purposes for expenditures from the Pest Inspection, Quarantine, and Eradication Fund; (3) Requires the deposit of fees and fines relating to agricultural inspections into the Pest Inspection, Quarantine, and Eradication Fund; and (4) Repeals the Permit Revolving Fund and Microorganism Import Certification Revolving Fund and transfers the moneys in those funds in the Pest Inspection, Quarantine, and Eradication Fund. (5) Waives exempted fees. Effective July 1, 2010.
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AGR, FIN |
COMMITTEE ON PUBLIC SAFETY
Tuesday, March 30, 2010
9:30 a.m.
Conference Room 309; State Capitol
AGENDA:
The purpose of this Informational Briefing is to discuss the building of prison facilities in the State of Hawaii.
- Department of Public Safety
- Department of Accounting and General Services
- Cornell Companies
- The Molasky Group of Companies
There will be no testimony accepted.