OFFICE OF THE SPEAKER
TWENTY-FIFTH STATE LEGISLATURE
COMMITTEE REFERRALS
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NO. 37
24th LEGISLATIVE DAY-MARCH 4, 2010
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Committee Abbreviations:
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AGR - Agriculture |
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CPC - Consumer Protection & Commerce |
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EBM - Economic Revitalization, Business, & Military Affairs |
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EDN - Education |
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EEP - Energy & Environmental Protection |
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FIN - Finance |
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HAW - Hawaiian Affairs |
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HED - Higher Education |
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HLT - Health |
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HSG - Housing |
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HUS - Human Services |
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JUD - Judiciary |
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LAB - Labor & Public Employment |
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LMG - Legislative Management |
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PBS - Public Safety |
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TCI - Tourism, Culture, & International Affairs |
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TRN - Transportation |
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WLO - Water, Land, & Ocean Resources |
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Committee |
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REFERRAL
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RELATING TO FAMILY COURT. Establishes a program in the family court for the registration of child custody evaluators; allows board of family court judges to adopt certification of child custody evaluators; effective 7/1/2040. (SD1)
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HUS, JUD, FIN |
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RELATING TO CRIME. Establishes class A and B felony sexual human trafficking offenses, and provisions related to prosecution of the offenses. Effective July 1, 2050. (SD1)
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JUD |
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RELATING TO CIVIL DEFENSE. Establishes within the civil defense agency a statewide communications interoperability coordinator. Effective 7/1/2050. (SD2)
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PBS, FIN |
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RELATING TO HEALTH. Establishes limits on requests for proposals from health and human services providers for QUEST contracts that exceed $100,000,000 and commence after the term of the agency director expires. (SD2)
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HLT/HUS, FIN |
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RELATING TO PARKING FOR DISABLED PERSONS. Designates disability and communication access board as issuing agency for removable windshield placards, temporary removable windshield placards, special license plates, and identification cards. Deletes counties as issuing agency. Increases the time period that a placard is effective from 4 to 6 years. (SD2)
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TRN, HLT, FIN |
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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.
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EDN/HED, FIN |
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RELATING TO INDEMNIFICATION OF COUNTY AGENCIES. Authorizes the governor to delegate to the superintendent of education the authority to agree to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees, under certain circumstances, when the use of county property will be for a school purpose or function. (SD2)
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EDN, JUD, FIN |
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RELATING TO THE EARLY LEARNING COUNCIL. Allows the early learning council to conduct meetings by teleconference. Sets out quorum requirements and public notice and participation requirements for teleconference meetings.
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EDN, JUD |
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RELATING TO HEALTH CLUBS. Allows military personnel deployed outside the State on federal active duty to cancel or suspend health club membership at any time during the contract term under certain conditions. Requires pro rata refund of fees. (SD1)
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EBM, CPC |
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RELATING TO THE DNA ANALYSIS FEE. Extends DNA analysis fee requirement to defendants with deferred pleas and to felony offenders transferring into Hawaii under an interstate compact. (SD1)
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JUD, FIN |
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RELATING TO ADULT PROBATION RECORDS. Authorizes disclosure of probation drug test results to defendant's doctor when the results indicate substance abuse that may compromise medical care or treatment. Effective 7/1/50. (SD1)
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JUD |
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RELATING TO THE RIGHTS OF VICTIMS. Amends crime victims' bill of rights to include notice or waiver of notice as to an offender's unfitness to stand trial, transfer to the state hospital or other psychiatric facility, or regaining fitness to proceed. Requires the department of health to provide notice of an offender's unauthorized absences to the county victim witness assistance divisions of the department of the prosecuting attorney. (SD2)
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HLT, JUD |
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RELATING TO SENIOR CITIZENS. Establishes a task force to develop an efficient, cost-effective process for creating and operating an identification database of services and at-risk senior citizens if they go missing. (SD2)
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HUS, JUD, FIN |
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RELATING TO CAMPAIGN FINANCING. Updates, organizes, and clarifies current campaign financing laws. Effective November 2, 2010, and applies to reporting periods beginning after November 2, 2010. (SD1)
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JUD, FIN |
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RELATING TO CAMPAIGN FINANCING. Enacts requirements for ballot issue committees, including contribution and expenditure requirements. Defines automated phone call and requires certain information to be stated at the beginning of such phone calls. Amends the definition of advertisement. Repeals the campaign spending commission's authority to adopt a code of fair campaign practices as part of its rules. Clarifies deposit requirements for contributions. Requires advertising notices and disclaimers to be included on every web page that contains an advertisement. (SD1)
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JUD, FIN |
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RELATING TO INTOXICATING LIQUOR. Prohibits possession of open liquor containers in public housing common areas and on public streets and sidewalks. Deems possession of an open liquor container in a sidewalk or common area of a public housing project as prima facie evidence of consumption of liquor. (SD1)
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HSG, JUD |
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RELATING TO PUBLIC HOUSING. Amends criminal trespass in the first degree to include a person who enters or remains unlawfully in or upon the premises of a public housing project after reasonable request or warning to leave by housing management authorities. (SD2)
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HSG, JUD |
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RELATING TO ECONOMIC DEVELOPMENT. Amends the state private investment fund to direct its investment capital to venture capital funds that commit to equity investments in businesses located within the state and demonstrate ability to mentor entrepreneurs; authorizes an unspecified amount for tax credits to be used by the fund as collateral. Effective 07/01/2050.
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EBM, FIN |
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RELATING TO UNEMPLOYMENT INSURANCE BENEFITS. Authorizes an individual that is attached to a regular employer who is not offering work to still receive unemployment insurance benefits under certain circumstances if the individual separates from an employer offering part-time employment. (SD2)
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LAB, FIN |
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RELATING TO RENEWABLE ENERGY. Requires that by January 1, 2015, a minimum of two per cent of each utility's net electrical power generation be from biofuel or from agricultural producers. (SD2)
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EEP/AGR, CPC |
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RELATING TO MILITARY AND OVERSEAS CIVILIAN ABSENTEE VOTERS. Implements voting provisions for uniformed services and overseas absentee voters, as required by the Military and Overseas Voter Empowerment Act, 42 U.S.C. sections 1973ff through 1973ff-6. Effective 01/01/2055. (SD2)
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EBM, JUD, FIN |
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PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 2, OF THE HAWAII CONSTITUTION. Allows the student board of education member to be a voting member and mandates the election of the student board of education member to be made by public secondary school students. (SD1)
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EDN, JUD, FIN |
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RELATING TO LEAF BLOWERS. Prohibits the use of gas power leaf blowers; prohibits the use of leaf blowers on or near residential zones, except within allowed time periods; prohibits leaf blowing operations from blowing debris onto adjacent property without permission; effective 7/1/11. (SD2)
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EEP, JUD |
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RELATING TO CHILD VISITATION. Permits family court to award reasonable visitation to grandparents if denial of visitation would cause significant harm to the child. Establishes presumption that visitation decisions by parent are in the best interests of the child. Presumption may be rebutted by a preponderance of the evidence. Identifies factors court may consider in awarding visitation.
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HUS, JUD |
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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 |
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RELATING TO PRIVATE TRANSFER FEES. Prohibits the imposition of fees for a future transfer of real property. Specifies exceptions. Eff 7/1/2050. (SD2)
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WLO, CPC, JUD |
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RELATING TO DISLOCATED WORKERS. Authorizes the department of labor and industrial relations to exercise enforcement powers against an employer in a covered establishment that would require the employer to adhere to, and comply with, the notification and penalty provisions of section 394B-9, HRS.
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LAB, JUD, FIN |
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RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM. Removes the exemption for dietary supplements from the deposit beverage container program; adds hard spirits, and wine containers; effective date 7/1/2050. (SD2)
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EEP, FIN |
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RELATING TO MARIJUANA. Establishes a civil violation for possession of one ounce or less of marijuana that is subject to a fine of not more than $300 for the first violation, and $500 for every violation thereafter. Effective July 1, 2050. (SD1)
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JUD |
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RELATING TO THE KAHO‘OLAWE REHABILITATION TRUST FUND. Transfers authority for the Molokini shoal marine life conservation district and its waters from DLNR to KIRC; authorizes KIRC to issue commercial permits and collect fees, including a user fee, and gross receipts for the use of Molokini shoal marine life conservation district; requires the office of Hawaiian affairs to provide no less than matching funds to KIRC for any fees collected; authorizes KIRC to engage in commercial activities; establishes a Molokini shoal marine life conservation district sub-account in the Kahoolawe rehabilitation trust fund for the management and maintenance of Molokini and its waters with the excess funds to be deposited into the trust fund; effective 7/1/50. (SD1)
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HAW/WLO, FIN |
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MAKING AN APPROPRIATION FOR THE WOMEN AND INFANT CHILDREN FARMERS' MARKET NUTRITION PROGRAM. Appropriates funds as a state match toward the development and administration of the Women and Infant Children Farmers' Market Nutrition Program. Effecting 7/1/2099. (SD2)
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HLT/AGR, FIN |
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RELATING TO INTOXICATING LIQUOR VIOLATIONS INVOLVING MINORS. Establishes an immunity from prosecution for consumption of intoxicating liquor by a minor if the minor summons medical treatment for another minor who requires such treatment as a result of consuming liquor. Also applies to the intoxicated minor and one or two other minors assisting the summoning minor. (SD1)
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HLT, JUD/CPC |
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RELATING TO ENVIRONMENTAL PROTECTION. Requires businesses in the State to distribute only reusable or biodegradable checkout bags. Effective 7/1/50. (SD2)
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EEP/EBM, CPC/JUD, 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. Proposes a constitutional amendment to require voting members of the board of education to be appointed by the governor, with the advice and consent of the senate, as provided by law. (SD1)
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EDN, JUD, FIN |
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RELATING TO CHARTER SCHOOLS. Requires the Department of Education to make available vacant school facilities or portions of school facilities for use by charter schools. Requires the charter school review panel to compile a prioritized list of charter schools that wish to use vacant school facilities or portions of school facilities. Makes changes to charter school funding. Requires the Charter School Review Panel (CSRP) to determine a clear process with rigorous criteria for the reauthorization of charter schools. Requires the CSRP to reauthorize charter schools no later than four years following the initial issue of the charter, and every four years thereafter. Requires the Charter School Administrative Office (CSAO) to withhold funds for its operational expenses, subject to certain requirements. Requires the CSAO to report annually to the CSRP individual and aggregate operational and instructional expenditures of charter schools. Requires per-pupil allocation checks paid by the CSAO to individual charter schools to be co-signed by the executive director of the CSAO and an agent of the CSRP. Repeals the cap on the number of charter schools. Effective 7/1/2050.
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EDN, FIN |
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RELATING TO THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT. Makes amendments to the application, licensing, and regulatory requirements of the Secure and Fair Mortgage Licensing Act. Establishes the mortgage recovery fund to protect consumers injured by violations of chapter 454F, HRS. Includes mortgage loan originator companies in the regulatory system established by chapter 454F. Authorizes the commissioner of financial institutions to hire temporary and permanent staff to effectuate the purposes of chapter 454F, HRS. (SD2)
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CPC/JUD, FIN |
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RELATING TO PUBLIC AGENCY MEETINGS. Amends the notice requirement of public agency meetings to allow for notification of meetings and transmittal of meeting minutes by electronic mail. Requires concurrence from office of information practices rather than the attorney general for board to hold emergency meeting for unanticipated events. Requires executive meetings of boards to be properly noticed, and requires subject matter and discussion in an executive meeting
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JUD, FIN |
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RELATING TO OUT-OF-STATE OFFICES. Beginning July 1, 2010, requires at least every two years an audit of the department of business, economic development, and tourism's out-of-state offices; repeals exemption from audit and accounting requirements for out-of-state offices; beginning February 1, 2010, requires the department to cease expending or transferring any remaining federal reimbursement market development cooperator program funds; requires the department to update policies and procedures of the out-of-state offices; requires the state procurement office to review financial records of the 2005 trade mission; requires reports to the legislature.
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EBM, LMG, FIN |
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RELATING TO PUBLIC SERVICE. 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 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 between 12/15/2009 and 12/31/2011 shall be 12 months. (SD1)
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LAB, FIN |
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RELATING TO PORNOGRAPHY OFFENSES AGAINST CHILDREN. Amends the offense of promoting pornography to minors to include disseminating pornographic material to another person who represents that person to be a minor; and adds the offense of promoting child abuse in the third degree to the information charging law. (SD2)
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JUD |
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RELATING TO THE SOLICITATION OF FUNDS FROM THE PUBLIC. Amends chapter 467B, Hawaii Revised Statutes, to allow service of process by substitute service, allows the Attorney General to accept assurances of discontinuance, and amends and clarifies the charity registration exemptions, and clarifies the time period for the filing of a charity's annual financial report. (SD2)
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JUD/CPC, FIN |
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RELATING TO ENVIRONMENTALLY SENSITIVE PRODUCTS. Adds the design for the environment program of the United States Environmental Protection Agency and the EcoLogo program administered by TerraChoice Environmental Marketing Inc. as additional programs whose approved cleaning and maintenance products will be given first preference by the DOE in the purchase and use of cleaning and maintenance products in public schools. (SD1)
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EDN, EEP, FIN |
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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. (SD1)
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HUS, JUD, FIN |
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RELATING TO TIME FRAMES TO REGAIN FITNESS TO PROCEED. Establishes specific time frames for a commitment or release on conditions when unfit defendants are charged with non-violent petty misdemeanors (60 days) and non-violent misdemeanors (120 days). Effective 7/1/50. (SD2)
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HLT, JUD, FIN |
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RELATING TO TRAUMA. Authorized the Department of Health to form multidisciplinary and multiagency advisory committees to recommend improvements to the statewide trauma system; provides statutory protection from discovery for advisory committees. Effective 7/1/50. (SD2)
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HLT, JUD |
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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, Hawaii Revised Statutes relating to controlled substances. (SD2)
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HLT, JUD |
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RELATING TO TAX ADMINISTRATION. Provides for a cost recovery order issuable by the circuit court for investigation costs when a taxpayer is convicted of or pleads guilty or no contest to tax crimes.
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JUD, FIN |
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RELATING TO REMOTE DISPENSING PHARMACY. Clarifies the definitions of "remote dispensing machine" and "remote dispensing pharmacy". (SD1)
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HLT, CPC |
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RELATING TO VETERINARY MEDICINE. Permits the board of veterinary medicine to revoke or suspend a license or fine a licensee for conduct or practice that violates recognized principles of veterinary medical ethics. (SD2)
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CPC, JUD |
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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. (SD1)
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TCI/EBM, CPC/JUD |
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RELATING TO UNIFORM REAL PROPERTY TRANSFER ON DEATH. Adopts Uniform Real Property Transfer on Death Act. Allows owner of real property to designate beneficiaries to receive real property upon death of owner without requirements of probate or formalities of wills. Effective July 1, 2050. (SD2)
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JUD, FIN |
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RELATING TO OFFENSES AGAINST PUBLIC ORDER. Amends the definition of "necessary sustenance" with regard to pet animals. Adds a definition for "primary pet enclosure". Effective July 1, 2050. (SD1)
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JUD |
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RELATING TO THE EMERGENCY AND BUDGET RESERVE FUND. Allows moneys from the excess general fund balance to be deposited into the emergency and budget reserve fund as a temporary source of funding for the State during times of emergency, severe economic downturn, and unforeseen reduction in revenues. Requires that moneys transferred from the general fund and other moneys in the emergency and budget reserve fund be kept in separate accounts.
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FIN |
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RELATING TO SOLAR ENERGY DEVICES. Clarifies that the rules of a private homeowners association or entity shall not impose conditions or restrictions that render a solar energy device more than 25% less effective, increase the cost of installation, maintenance, and removal of a solar energy device, or require an encumbrance on title because of the placement of the solar energy device. (SD1)
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EEP/HSG, JUD |
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RELATING TO ENVIRONMENTAL PROTECTION. Reduces the membership of the environmental council from 15 to 9; establishes the environmental review special fund; revises the environmental assessment and environmental impact statement process to create a more streamlined, transparent, and consistent process.
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EEP/WLO/EBM, JUD, FIN |
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RELATING TO FLAGS. Recognizes and requires the prisoner of war/missing in action flag to be flown with the U.S. and Hawaiian flags on state department of defense buildings; effective 7/1/2040. (SD2)
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EBM, JUD |
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RELATING TO ANATOMICAL TRANSPLANTS. Prohibits health insurers from denying or limiting coverage for organ or tissue transplantation services on the basis that the insured, member, enrollee, or subscriber is infected with the human immunodeficiency virus. Effective 7/1/50. (SD1)
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HLT, CPC |
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RELATING TO RETAIL WHEELING. Requires the public utilities commission to establish rules and policies and issue orders related to retail wheeling to enable renewable energy producers operating on state lands to sell electricity directly to state government entities located on the same island as the producer. (SD2)
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EEP, CPC, FIN |
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RELATING TO CODE OF ETHICS. Exempts teachers from the code of ethics to allow teachers to provide instruction to current, future, or former students when special circumstances exist. Sunset 7/1/2012. (SD1)
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EDN/LAB, JUD |
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RELATING TO TAXATION. Creates a blank fill-in amount on income tax returns for the school-level minor repairs and maintenance special fund and the libraries special fund. Effective 7/1/2099.
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EDN, FIN |
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RELATING TO OFFENSES AGAINST PUBLIC ORDER. Creates an offense of confinement of a dog by tethering under prescribed circumstances with certain exceptions, and establishes mandatory fines for such an offense. (SD1)
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JUD |
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RELATING TO TRUSTEES. Authorizes trustees of revocable living trusts to base their reasonable compensation on the compensation levels allowed for trustees of estates. (SD1)
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CPC, JUD |
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RELATING TO COURT REPORTERS. Authorizes certified shorthand reporters to administer oaths or affirmations and to perform the duties of a deposition officer. (SD1)
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JUD |
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RELATING TO EMPLOYMENT PRACTICES. Clarifies that conflicts between a collective bargaining agreement and an employer's policy that concern accrued and available sick leave shall require the terms of the collective bargaining agreement to prevail. (SD1)
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LAB, FIN |
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RELATING TO REAL PROPERTY. Prohibits a foreclosing mortgagee or mortgagee who acquires a property from requiring that a buyer purchase title insurance or escrow services from any particular vendor as a condition of sale.
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CPC, JUD |
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RELATING TO THE POWER OF ARREST. Updates references to customs and border protection service to reflect current names of agencies within the federal department of homeland security. Adds the federal bureau of investigations to and deletes the citizenship and immigration services from the list of federal agencies whose officers may make arrests for certain offenses under state law. Prohibits admission of evidence in state courts from warrantless arrest. (SD2)
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JUD |
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RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS. Authorizes issuance of special purpose revenue bonds for Carbon Bio-Engineers Inc. for development of non-fossil fuel energy production. (SD2)
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EEP, FIN |
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RELATING TO INFORMATION PRACTICES. Enacts an abuse of process law for vexatious requesters of public records. Effective January 1, 2050. (SD1)
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JUD |
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RELATING TO AGRICULTURE. Provides for fair compensation when leased public land for agricultural or pastoral uses is withdrawn, condemned, or taken for public purposes. Effective 7/1/2100.
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WLO/AGR, FIN |
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RECOGNIZING MARCH 11, 2010, AS WORLD KIDNEY DAY AND APRIL 2010 AS ORGAN DONOR AWARENESS MONTH IN HAWAII.
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HLT |
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URGING CONGRESS TO PASS "CASH FOR CLUNKERS" LEGISLATION IN THE SECOND SESSION OF THE 111TH CONGRESS.
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EEP, FIN |
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EXPRESSING SUPPORT FOR THE PHILIPPINE TARSIER FOUNDATION.
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WLO, TCI |
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REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO DEVELOP AND IMPLEMENT A MEDICAL RELEASE PROGRAM AND PROVIDE INFORMATION RELATED TO DEATHS AT HAWAII, CONTRACT, AND INTERSTATE COMPACT INMATE FACILITIES.
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PBS, FIN |
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RECOGNIZING MARCH 11, 2010, AS WORLD KIDNEY DAY AND APRIL 2010 AS ORGAN DONOR AWARENESS MONTH IN HAWAII.
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HLT |
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URGING CONGRESS TO PASS "CASH FOR CLUNKERS" LEGISLATION IN THE SECOND SESSION OF THE 111TH CONGRESS.
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EEP, FIN |
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EXPRESSING SUPPORT FOR THE PHILIPPINE TARSIER FOUNDATION.
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WLO, TCI |
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REQUESTING A COMPREHENSIVE MANAGEMENT AND FINANCIAL AUDIT OF FOR-PROFIT ENTITIES CONTRACTED AS MANAGED CARE PROVIDERS FOR THE DEPARTMENT OF HUMAN SERVICES'S QUEST EXPANDED ACCESS PROGRAM.
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HLT/HUS, LMG, FIN |
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REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO DEVELOP AND IMPLEMENT A MEDICAL RELEASE PROGRAM AND PROVIDE INFORMATION RELATED TO DEATHS AT HAWAII, CONTRACT, AND INTERSTATE COMPACT INMATE FACILITIES.
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PBS, FIN |
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Committee |
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RE-REFERRAL
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REQUESTING A FINANCIAL AND MANAGEMENT AUDIT OF THE DEPARTMENT OF EDUCATION.
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EDN, FIN |
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