OFFICE OF THE SPEAKER

TWENTY-FIFTH STATE LEGISLATURE

 

COMMITTEE REFERRALS

 

 

_______________________________________________________________________________________

 

NO. 1

1st LEGISLATIVE DAY-JANUARY 20, 2010

_______________________________________________________________________________________

 

Committee Abbreviations:

 


AGR -  Agriculture

CPC -   Consumer Protection & Commerce

EBM -  Economic Revitalization, Business, & Military Affairs

EDN -  Education

EEP -   Energy & Environmental Protection

FIN -    Finance

HAW - Hawaiian Affairs

HED -  Higher Education

HLT -   Health

HSG -  Housing

HUS -  Human Services

JUD -   Judiciary

LAB -  Labor & Public Employment

LMG -  Legislative Management

PBS -   Public Safety

TCI -    Tourism, Culture, & International Affairs

TRN -  Transportation

WLO - Water, Land, & Ocean Resources


 

________________________________________________________________________________________

 

 

 

Committee

 

 

REFERRAL

 

 

 

 

HB1844

RELATING TO FIREWORKS.

Imposes a statewide ban on consumer fireworks, except for religious and cultural events.

 

TCI, PBS, JUD

HB1845

RELATING TO FIREWORKS.

Increases the fee to purchase consumer fireworks. Generally, increases the penalty for fireworks violations.  Transfers all proceeds collected from fireworks violations to the state.  Requires a study on the negative effects of the use of fireworks in the State.  Includes religious events in the definition of "cultural".  Imposes a graduated fireworks fee system to discourage large purchases of fireworks.

 

TCI/PBS, JUD, FIN

HB1846

RELATING TO FUNDING FOR DOMESTIC VIOLENCE AND SEX ASSAULT SERVICES.

Restores cuts in funding for domestic violence and sexual assault services to fiscal year 2008-2009 levels.  Appropriates funds to the department of the attorney general for sexual assault services and to the judiciary for domestic violence services.

 

JUD, HUS, FIN

HB1847

RELATING TO THE PRACTICE OF NURSING.

Defines the practice of nursing; directs the state board of nursing to adopt certain provisions of the NCSBN Model Nursing Practice Act and Model Nursing Administrative Rules; delineates the scope of practice for registered nurses, licensed practical nurses, and advanced practice registered nurses; repeals Hawaii Administrative Rules relating to prescriptive authority for advanced practice registered nurses.

 

HLT, CPC

HB1848

RELATING TO CAPITAL INVESTMENTS.

Defines agency-wide technology and computer system projects as capital investments to allow them to be financed with bond funds and depreciated as capital investments.

 

FIN

HB1849

RELATING TO ELECTRONIC WARRANT VOUCHERS.

Allows the department of education, department of accounting and general services, and the University of Hawaii to accept electronically mailed warrant vouchers for bills of materials, supplies, and incidentals as original documentation, the receipt of which authorizes payment to be made to each individual to whom the State is indebted.

 

EDN/HED, FIN

HB1850

RELATING TO PREAUDITS FOR PROPOSED PAYMENTS.

Clarifies that the department of education is required to preaudit proposed payments of $10,000 or more.  Allows the University of Hawaii and the department of education to preaudit sample populations for proposed payments of less than $10,000 to determine the propriety of expenditures and compliance with applicable laws, executive orders, and rules, as their respective chief financial officers determine to be appropriate.  Extends the date until which the University of Hawaii and the department of education shall have autonomous authority over their accounting systems and other purchasing responsibilities and duties.

 

EDN/HED, FIN

HB1851

RELATING TO INDEMNIFICATION OF COUNTY AGENCIES.

Facilitates the process by which the department of education obtains approval for the State to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees for public school purposes and functions on county facilities.

 

 

 

EDN, JUD, FIN

HB1852

RELATING TO EDUCATION.

Repeals the school-level minor repair and maintenance account.

 

EDN, FIN

HB1853

RELATING TO PUBLIC SCHOOLS.

Disallows the sale of ice cream and candy by public schools in conformance to the State of Hawaii wellness guidelines.

 

EDN

HB1854

RELATING TO EDUCATION.

Removes unnecessary restrictions on the use of food distribution program revolving funds.  Allows the use of food distribution program revolving funds to support the administration and operation of the food distribution program pursuant to 7 Code of Federal Regulations section 250.15.

 

EDN, FIN

HB1855

RELATING TO PUBLIC UTILITIES.

Permits electric utilities to recover costs and earn a 15% rate of return from ratepayers on investments and installations of voltage regulation technologies that meet specified standards.

 

EEP, CPC

HB1856

RELATING TO USED MOTOR VEHICLE SALES.

Requires dealers to disclose material facts, as well as material mechanical defects, to consumers of used motor vehicles.  Requires dealers to use good faith and due care in preparing disclosure notice to consumers of used motor vehicles.

 

CPC/JUD

HB1857

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.

 

LAB/EBM, FIN

HB1858

RELATING TO ELECTRONIC TRAFFIC CITATIONS.

Establishes an electronic traffic citation system.  Requires the department of transportation to develop, install, and implement an electronic traffic citation system.  Requires proportionate funding from each county and the judiciary.  Requires the DOT to seek an appropriation and federal funding.

 

TRN, JUD, FIN

HB1859

RELATING TO FUNDING FOR PARKING FOR DISABLED PERSONS.

Increases state motor vehicle registration fee to be paid into the disability and communications access board special fund to enforce parking for disabled persons program.  Deletes funding for state credentialing of interpreters under the special fund.

 

TRN, HLT, FIN

HB1860

RELATING TO PARKING FOR DISABLED PERSONS.

Designates disability and communication access board as issuing agency for removable windshield placards, temporary removable windshield placard, special license plates, and identification cards.  Deletes counties as issuing agency.  Increases qualifying disability from four to six years.

 

TRN, HLT, FIN

HB1861

RELATING TO FELONS.

Prohibits convicted felons from becoming candidates for elective office for 10 years after final discharge.

 

JUD

HB1862

RELATING TO PUBLIC ORDER.

Removes the sunset date of December 31, 2012 on the prohibition against urinating or defecating in public within the boundaries of downtown Honolulu.

 

JUD

HB1863

RELATING TO PROSTITUTION.

Repeals the "sunset" date of, and thereby makes permanent, Act 192, Session Laws of Hawaii 2008, which makes habitual solicitation of prostitution a criminal offense.

 

JUD

HB1864

RELATING TO EMERGENCY RESPONSE VEHICLES.

Establishes a temporary emergency vehicle noise task force to determine the impact of the use of emergency vehicle sirens in terms of excessive noise and their effect on public safety and the relative effectiveness at nighttime of the use of emergency lights rather than sirens.

 

EEP, FIN

HB1865

RELATING TO THE BOARD OF BARBERING AND COSMETOLOGY.

Grants reciprocity to beauty operators, beauty culture instructors, and barbers with licenses from other states.

 

CPC

HB1866

RELATING TO ELECTIONS.

Requires that all applicants for driver's licenses or state identification cards, if determined to be eligible, be automatically registered to vote.

 

JUD, FIN

HB1867

RELATING TO PROSTITUTION.

Makes it a misdemeanor to offer or agree to pay a fee to engage in sexual conduct within 750 feet of a school or public park.

 

JUD

HB1868

RELATING TO CIVIL SERVICE.

Prohibits civil service employees who accept an appointed position from returning to their civil service positions more than one year later.

 

LAB

HB1869

RELATING TO ELECTIONS.

Requires the chief election officer to establish procedures to select a letter of the alphabet by lot and arrange candidate names on ballots in alphabetical order of the last names, beginning with the randomly selected letter.  Applies to elections in the next two year election cycle following effective date.

 

JUD

HB1870

RELATING TO STATE FUNDS.

Clarifies that the 5-year limitation for short-term investments also applies to the underlying securities of those investments.

 

FIN

HB1871

RELATING TO THE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT.

Converts the department of human resources development to a division in the department of labor and industrial relations. Transfers the commission on salaries and the deferred compensation plan board of trustees to the department of accounting and general services.

 

LAB, FIN

HB1872

RELATING TO PROCUREMENT.

Establishes procurement preferences for public works contracts.  Establishes a responsible construction contractor law which specifies prerequisites for government construction contractors and subcontractors.  Allows public comments on the public procurement process.  Requires the comptroller to report to the legislature on the implementation of the Act.

 

EBM, LAB, FIN

HB1873

RELATING TO UNEMPLOYMENT INSURANCE.

Amends the Hawaii Revised Statutes relating to unemployment insurance.

 

LAB, FIN

HB1874

RELATING TO GOVERNMENT.

Amends the Hawaii Revised Statutes relating to government.

 

LAB

HB1875

RELATING TO EMPLOYMENT.

Amends the Hawaii Revised Statutes relating to employment.

 

LAB

HB1876

RELATING TO EMPLOYEES RETIREMENT SYSTEM.

Amends the Hawaii Revised Statutes relating to employees retirement system.

 

LAB, FIN

HB1877

RELATING TO PUBLIC EMPLOYEES.

Exempts public employees whose positions are fully or partially funded by non-general funds from furloughs and reductions in force.

 

LAB, FIN

HB1878

RELATING TO REAL PROPERTY BLIGHT.

Creates a cause of action against a person maintaining a property nuisance for injury or damage to the person or property of another person.  Defines "maintains a property nuisance."

 

JUD

HB1879

RELATING TO THE STATEWIDE TRAFFIC CODE.

Clarifies that motorcycles with more than two wheels in contact with the ground may be ridden without sitting astride a seat, so long as the rider is facing forward in the attached seat.

 

TRN, JUD

HB1880

RELATING TO TAXATION.

Temporarily retains county surcharge on state taxes for two years as state general fund realizations and extends authority for county surcharge on state taxes for two additional calendar years.

 

FIN

HB1881

RELATING TO BROMINATED FLAME RETARDANTS.

Prohibits the sale of products containing brominated flame retardant chemicals.

 

HLT, JUD/CPC, FIN

HB1882

RELATING TO SHORELINE SETBACK.

Prohibits inclusion of accreted lands in determining shoreline setback line in counties with population over 500,000.

 

WLO

HB1883

RELATING TO HUMAN SERVICES CONTRACTS.

Requires department of human services to report to legislature prior to 2011 regular session information relating to contract award process; list of contract awardees and contract amounts; and number of victims served and types of services provided by nonprofit organizations for the period from 1/1/2007 to 6/30/2010.

 

HUS, FIN

HB1884

RELATING TO DOMESTIC VIOLENCE.

Establishes the domestic violence task force to facilitate discussions concerning policies to address domestic violence in Hawaii and then report to the legislature.

 

HUS, JUD, FIN

HB1885

RELATING TO ELECTRONIC MONITORING.

Extends the sunset date of the electronic monitoring program to July 1, 2011.  Requires the Judiciary to submit a report to the 2011 Legislature on concerns and recommendations to improve the global positioning satellite tracking system.

 

HUS, JUD, FIN

HB1886

RELATING TO CASE MANAGERS.

Requires certification by the Commission for Case Manager Certification for a case manager to practice as a certified case manager in the State.

 

HUS/HLT, CPC, FIN

HB1887

RELATING TO MOTOR CARRIERS.

Excludes ground transportation of passengers and freight from regulation by the public utilities commission. Repeals the motor carrier law.

 

CPC/TRN, FIN

HB1888

RELATING TO DISASTER PREPAREDNESS.

Establishes the Office of Disaster Preparedness and a Disaster Preparedness Commission to develop a disaster preparedness plan for Hawaii that includes the identification of hazards and hazard impact zones, disaster mitigation policies, requirements, incentives, and best responses.

 

PBS, FIN

HB1889

RELATING TO THE CONSTRUCTION AUTHORITY.

Establishes a construction authority to be attached to the department of accounting and general services to oversee statewide procurement for construction, the facilitation of permit processing, and professional and vocational licensing of contractors, electricians, plumbers, elevator mechanics, professional engineers, architects, surveyors, and landscape architects.  Creates a special fund funded by professional licensing fees and the general excise tax upon contractors.

 

CPC/EBM, FIN

HB1890

RELATING TO MOTOR VEHICLES.

Establishes criminal penalties for fraudulent installation or reinstallation of an airbag.  Requires that any person engaged in the business of purchasing, selling, or installing an airbag maintain detailed records of airbags they purchase, sell, or install.  Mandates that any person engaged in the business of installing an airbag submit an affidavit to a vehicle owner saying that an airbag was installed properly.  Requires a person repairing a vehicle to affix a permanent dashboard label disclosing that a salvaged airbag had been used.  Establishes that police accident reports must note whether an airbag deployed. Requires that a person trading or selling a motor vehicle must disclose whether an airbag is inoperable.

 

CPC/JUD, FIN

HB1891

RELATING TO ENERGY.

Short form bill relating to energy.

 

EEP

HB1892

RELATING TO ENERGY.

Short form bill relating to energy.

 

EEP

HB1893

RELATING TO ENERGY.

Short form bill relating to energy.

 

EEP

HB1894

RELATING TO ENVIRONMENT.

Short form bill relating to environment.

 

EEP

HB1895

RELATING TO ENVIRONMENT.

Short form bill relating to environment.

 

EEP

HB1896

RELATING TO DENTAL SERVICES.

Prohibits a accident and health or sickness insurer, mutual benefit society, health maintenance organization, or dental service organization from requiring a dentist who provides services to its subscribers to accept a fee set by the accident and health or sickness insurer, mutual benefit society, health maintenance organization, or dental service organization unless the services are covered under the applicable subscriber agreement.

 

HLT, CPC

HB1897

RELATING TO INSTRUCTIONAL DAYS IN PUBLIC SCHOOLS.

Requires that collective bargaining agreements for public school employees shall provide not less than 180 instructional days per school year.  Not applicable to public school employee collective bargaining agreements that apply to the 2009-2010 school year.

 

EDN/LAB, FIN

HB1898

RELATING TO THE UNIVERSITY OF HAWAII.

Repeals the authority of the board of regents to expend up to $3,000,000 annually from the tuition and fees special fund to promote alumni relations and generate private donations to the University of Hawaii Foundation.

 

HED, FIN

HB1899

RELATING TO MILITARY AND OVERSEAS CIVILIAN ABSENTEE VOTERS.

Implements voting provisions for uniformed services and overseas absentee voters, as recommended by Federal Voting Assistance Program. 

 

EBM, JUD, FIN

HB1900

RELATING TO MILITARY PERSONNEL.

Recognizes the designations of prisoner of war and missing in action as valid descriptions of casualty status and category classification for military personnel.

 

EBM

HB1901

RELATING TO PROCUREMENT OF VOTING SYSTEM EQUIPMENT.

Establishes an alternative public procurement process for the procurement of voting equipment systems.

 

JUD, FIN

HB1902

RELATING TO LONG TERM CARE.

Delays interim and final reports of the long term care commission on the development of a 5-year plan and proposed system reforms from 2/28/2010 and 9/30/2010 to 1/1/2011 and 1/1/2012, respectively.  Extends term of commission to the adjournment sine die of the regular session of the 2012 legislature.

 

HLT/HUS, FIN

HB1903

MAKING APPROPRIATIONS FOR STATE EMPLOYEES.

Transfers funds from the general fund into the unemployment compensation fund to pay unemployment benefits to persons who were laid off from state employment because of a reduction-in-force.  Appropriates funds to pay all accumulated vacation leave for persons who retired from state employment or were laid off from state employment because of a reduction-in-force.  Appropriates funds to pay the additional health benefits plan costs for persons who retired from state employment and their dependent-beneficiaries.

 

LAB, FIN

HB1904

RELATING TO GOVERNMENT.

Requires the set aside from the general excise tax revenues of an amount equivalent to the unfunded accrued liability contribution by the State for state employees.  Takes effect on 07/01/11.

 

LAB, FIN

HB1905

RELATING TO STATE PAYMENTS.

Remits general excise tax funds to pay fringe benefit contributions and tax refunds not paid in previous fiscal years to balance the state budget.  Act takes effect on 07/01/2011.

 

LAB, FIN

HB1906

RELATING TO TAXATION.

Requires holders of professional or vocational licenses to provide to the department of commerce and consumer affairs a tax clearance issued by the department of taxation as a condition to license issuance or renewal.

 

CPC, FIN

HB1907

RELATING TO TAXATION.

Temporarily suspends the income tax net operating loss carryback deduction for losses generated in 2009 and 2010.

 

FIN

HB1908

RELATING TO THE MANAGEMENT OF STATE FUNDS.

Increases the central service expenses fee applied to special funds from 5% to 6%.  Removes special exemptions from the central service expenses fee, except where prohibited by law.  Takes effect on 7/1/10 and sunsets on 6/30/15.

 

FIN

HB1909

RELATING TO HUMAN SERVICES.

Short form bill relating to human services.

 

HUS

HB1910

RELATING TO HUMAN SERVICES.

Short form bill relating to human services.

 

HUS

HB1911

RELATING TO ELECTIONS BY MAIL.

Requires the office of elections to establish a vote-by-mail pilot program for the 2010 elections in three representative districts based upon certain criteria.

 

JUD, FIN

HB1912

RELATING TO SHERIFFS.

Transfers the office of sheriff from the department of public safety to the department of the attorney general.

 

PBS, JUD, FIN

HB1913

RELATING TO UNEMPLOYMENT INSURANCE.

Makes fear of domestic or sexual violence a good cause for not accepting otherwise suitable, available work.

 

HUS, LAB, FIN

HB1914

RELATING TO ECONOMIC OPPORTUNITY POVERTY REDUCTION TASK FORCE.

Establishes a joint legislative economic opportunity poverty reduction task force to advance economic opportunity to reduce by at least 50% by 2020, the number of Hawaii residents, including children and families, living in poverty.

 

HUS, EBM, FIN

HB1915

RELATING TO ASSET BUILDING.

Establishes a refundable state earned income tax credit.  Requires the Department of Human Services to provide financial education to applicants for and recipients of Temporary Assistance for Needy Families.  Amends provisions of 257, HRS, regarding Individual Development Accounts.

 

HUS, FIN

HB1916

RELATING TO BEACHES.

Establishes Malama o ke Kahakai, a volunteer public service program for volunteer groups to pick up litter from state beach areas.

 

WLO, FIN

HB1917

RELATING TO SCHOOLS.

Establishes a fine of $100 for each separate offense of bullying and cyberbullying; defines "bullying" and "cyberbullying".

 

EDN, JUD

HB1918

RELATING TO EDUCATION.

Requires students in grades one through eleven to have a minimum cumulative grade point average of 2.0 for the school year to be promoted to the next grade level.

 

EDN

HB1919

RELATING TO AUTOMATED EXTERNAL DEFIBRILLATORS.

Requires at least one properly functioning automated external defibrillator in a clearly visible, well-marked location at every middle school, high school, college, and university campus beginning with the 2012-2013 school year and at every elementary school campus in the State beginning with the 2014-2015 school year.

 

EDN/HED, HLT, FIN

HB1920

PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 2, OF THE HAWAII CONSTITUTION, TO ALLOW THE STUDENT MEMBER OF THE BOARD OF EDUCATION TO VOTE.

Proposes an amendment to article X, section 2 of the Constitution of the State of Hawaii to allow the student member of the board of education to vote on all matters.

 

EDN, JUD, FIN

HB1921

RELATING TO A CONTROLLING INTEREST TRANSFER TAX.

Establishes the controlling interest transfer tax of 1.11% to be administered by the director of taxation on any transfer of interest of more than 50% in an entity holding real property in the State.

 

EBM, FIN

HB1922

RELATING TO TAXATION.

Requires a nonresident seller of real property located in Hawaii to furnish to the bureau of conveyances a tax clearance certificate issued from the department of taxation that certifies that the seller has paid all general excise, transient accommodations, and income taxes as a condition to recording a change in title on the real property.

 

FIN

HB1923

RELATING TO TAXATION.

Establishes a waiver program to exempt a taxpayer's wagering winnings acquired during a consecutive five-day period.

 

FIN

HB1924

RELATING TO TAX DEDUCTIONS.

Restores the limited state income tax deduction for gambling losses retroactively for taxable years beginning after 12/31/08.

 

FIN

HB1925

RELATING TO GENERAL EXCISE TAX.

Temporarily restricts the general excise tax exemption for timeshare associations to $400,000.  Removes sunset for GET exemption for a submanager of an association of apartment owners and a reference to chapter 514A, HRS in the same exemption and changes the effective date of the provision to 7/1/06.

 

FIN

HB1926

RELATING TO THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM.

Establishes the department of business, economic development, and tourism operation special fund.  Imposes a surcharge on the fees charged by certain departments for certain business- and commerce-related authorizations and services.  Requires the deposit of the surcharge revenues, as well as $2 million from the financial institutions tax, into the special fund.  Requires moneys in the special fund to be used for the operation of the department of business, economic development, and tourism.  Takes effect on 7/1/10 and sunsets on 6/30/15.

 

EBM/CPC, FIN

HB1927

RELATING TO OWNER-BUILDERS.

Amends Chapter 444 by:  (1) Allowing an exemption for the sale or lease of a property by an owner builder prior to the expiration of the one-year prohibition period in the event of hardship; (2) Defining when a construction or improvement is completed; (3) Exempting improvements of less than $10,000 in value; (4) Exempting lenders and mortgages in cases of non-judicial foreclosure; (5) Creating a rebuttable presumption that an owner or lessee is in violation when more than one exemption is obtained within five years.  Increases the handyman exemption to $2,000.

 

CPC, FIN

HB1928

RELATING TO INVASIVE SPECIES.

Authorizes owners of adjoining property to enter private property to remove invasive species.

 

EEP, JUD