THE TWENTY-SIXTH LEGISLATURE
REGULAR SESSION OF 2011
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Senator David Y. Ige, Chair |
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Senator Michelle Kidani, Vice Chair |
AMENDED NOTICE OF DECISION MAKING
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DATE: |
Friday, February 25, 2011 |
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TIME: |
9:00 a.m. |
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PLACE: |
Conference Room 211 State Capitol 415 South Beretania Street |
A G E N D A
The following measure(s) were previously heard in their respective Subject Matter Committees:
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RELATING TO THE UNIVERSITY OF HAWAII. Allows the University of Hawaii to retain up to five per cent of its appropriated general funds and carry it over to the subsequent fiscal year. Requires an annual report to the legislature on funds carried over to the subsequent fiscal year. (SD1)
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EDU, WAM |
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RELATING TO THE HAWAII TOBACCO SETTLEMENT SPECIAL FUND. Extends the appropriation by a decreasing annual amount of a portion of Hawaii tobacco settlement special fund moneys for annual operating expenses of JABSOM until June 30, 2015. Increases the portion of Hawaii tobacco settlement special fund moneys going to the general fund until June 30, 2015; and adds annual reporting requirements for JABSOM. (SD1)
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EDU/HTH, WAM |
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RELATING TO PHYSICIAN WORKFORCE ASSESSMENT. Permanently establishes the physician workforce assessment fee. Requires a portion of the assessment fees be deposited into the John A. Burns school of medicine special fund to support physician workforce assessment and planning, including recruitment and retention of physicians for rural and medically underserved areas of the State. Requires the University of Hawaii at Manoa to report annually to the legislature, the state health planning and development agency, and the Hawaii medical board. (SD1)
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EDU/HTH, WAM |
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RELATING TO THE UNIVERSITY OF HAWAII. Repeals certain UH reports to the legislature. Makes western regional education compact report to legislature biennial, to be submitted in each odd-numbered year. Repeals section 2, Act 188, Session Laws of Hawaii 2008, relating to annual incentive and performance reports.
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EDU, WAM |
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RELATING TO THE WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION. Establishes the Hawaii Western Interstate Commission of Higher Education (Hawaii WICHE). Allows Hawaii WICHE to establish a repayment policy for students who receive financial support from certain funds appropriated for the Hawaii commission. Establishes a professional student exchange program special fund. (SD1)
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EDU, WAM |
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RELATING TO EDUCATION. Appropriates funds for the Families for R.E.A.L. program and professional and curriculum development in parent involvement for the department of education and the early learning council. Requires the program to develop a plan to cover twenty-five per cent of the program costs through fees, grants, and private donations, beginning July 1, 2013. Requires a report to the legislature and governor by 2012. (SD1)
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EDU, WAM |
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RELATING TO SALARIES. Caps the salaries for the deputy superintendent, assistant superintendents, and area complex superintendents at the salary of the superintendent. (SD1)
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EDU, WAM |
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RELATING TO THE UNIVERSITY OF HAWAII. Increase by $100,000,000 the University of Hawaii's authorization to issue revenue bonds to a total principal amount not to exceed $300,000,000 for the purpose of financing the construction and maintenance of qualifying capital improvement projects. Appropriates $100,000,000 in revenue bond proceeds.
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EDU, WAM |
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RELATING TO THE INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN. Makes permanent the interstate compact on educational opportunity for military children. Deletes the definition of "test period". Deletes provisions relating to the furnishing of unofficial education records and principal's determination of available space. Clarifies military representation on state council on educational opportunity for military children within BOE. (SD1)
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EDU/PGM, WAM |
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RELATING TO CERTAIN FUNDS OF THE UNIVERSITY OF HAWAII. Converts certain revolving funds of the University of Hawaii into special funds; repeals and amends certain funds of the University of Hawaii and transfers the remaining balances to the University of Hawaii auxiliary enterprises special fund. (SD1)
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EDU, WAM |
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RELATING TO EARLY LEARNING. Requires the early learning council, with assistance from the department of education, the department of health, and the department of human services, to develop a fiscal mapping study. Requires a report to the legislature no later than twenty days prior to the convening of the regular session of 2012. (SD1)
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EDU, WAM |
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RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR SAINT LOUIS SCHOOL. Authorizes the issuance of special purpose revenue bonds for Saint Louis School. (SD1)
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EDU, WAM |
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RELATING TO CHARTER SCHOOLS. Amends section 302B-8, HRS, to require budget requests by the charter school administrative office for needs-based facilities funding to be accompanied by a detailed explanation as to the formula used and the funding request breakdown by school. Establishes a task force to determine a needs-based facilities funding formula, process, or both, to be used by all agencies in the calculation of charter school facilities funding. (SD1).
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EDU, WAM |
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RELATING TO EDUCATION. Establishes a pilot project that expands the e-school program offered by the Hawaii virtual learning network and the DOE to Lanai high and elementary school. Appropriates funds.
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EDU/EDT, WAM |
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RELATING TO THE CERTIFICATION OF PRINCIPALS AND VICE-PRINCIPALS. Amends section 302A-605, Hawaii Revised Statutes, to replace language regarding principal and vice-principal candidate qualifications that conflicts with the requirements of the Race to the Top grant.
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EDU, WAM |
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RELATING TO EDUCATION. Amends section 302A-443, Hawaii Revised Statutes, to authorize the department of education to monitor students with disabilities who are placed, at the department's expense, at private schools or placements. Requires private schools or placements to post its rates, fees, and tuition by April of each year. Requires the department of education to pay only for private school or placement services that are specified in a student's individualized education program. Requires the department of education to withhold payment to private schools or placements that restrict or deny monitoring by the department. (SD1)
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EDU/HMS, WAM |
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RELATING TO THE UNIVERSITY OF HAWAII. Amends section 304A-2007(b), HRS, to require additional reporting until 6/30/2016 by the University of Hawaii on special and revolving funds that carry an unencumbered cash balance of $1,000,000 or more or a cash deficit of $1,000,000 or more, at the end of the previous fiscal year, where that balance or deficit is greater than twenty-five per cent of the previous fiscal year's expenditures. Makes an appropriation to the University of Hawaii to complete and implement the Kuali financial system. (SD1)
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EDU, WAM |
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RELATING TO EDUCATION. Requires multi track public schools to meet at least 171 days or 90 per cent of the minimum number of days required of other non-charter public schools for each respective school year, whichever number is greater, and at least 90 per cent of the minimum number of student instructional hours required of other non-charter public schools for each respective school year. Requires DOE to submit to the legislature a plan to implement a school year for multi track schools beginning with the 2015-2016 school year of no less than 90 per cent of the minimum number of instructional days and hours required of other public schools.
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EDU, WAM |
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RELATING TO SCHOOL REPAIR AND MAINTENANCE. Appropriates moneys to the Hawaii 3R's as a grant pursuant to chapter 42F, Hawaii Revised Statutes. (SD1)
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EDU, WAM |
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RELATING TO RECONSTITUTING SCHOOLS. Allows the superintendent of education to reconstitute a public school, except for certain charter schools. Allows the superintendent to recommend actions to charter school review panel, including the revocation of a school's charter.
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EDU, WAM |
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RELATING TO EDUCATION. Makes permanent statutory provisions that: (1) reduced the maximum employment period for teachers hired on an emergency basis by DOE from 4 years to 3 years; and (2) require those unlicensed teachers hired on an emergency basis prior to 7/1/08, to attain licensure within 4 years from the date of employment.
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EDU, WAM |
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RELATING TO ENERGY. Establishes a regulatory structure for the installation and implementation of an interisland high voltage electric transmission cable system and for the construction of on-island transmission infrastructure. Allows for the utility company to collect surcharges from its ratepayers to recover the costs of the cable installation on behalf of the cable company. Exempts the surcharges from being counted as gross income, adjusted gross income, or taxable income for tax purposes. Provides for the eventual acquisition of the cable system by the utility company from the cable company. Allows the utility company to recover the costs of acquiring the cable system and developing the on island infrastructure through an automatic rate adjustment clause and then through its rates. Allows the utility to recover the reasonable costs, as determined by the public utilities commission, of predevelopment and development in the event that the system is not completed. (SD2)
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ENE/CPN, WAM |
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RELATING TO THE OFFICE OF ENVIRONMENTAL QUALITY CONTROL. Establishes filing fees to help fund operations of the OEQC. Creates special fund. (SD1)
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ENE, WAM |
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RELATING TO THE ENVIRONMENTAL RESPONSE, ENERGY, AND FOOD SECURITY TAX. Requires 44 cents of the environmental response, energy, and food security tax to be deposited into the energy security special fund, 44 cents of the tax to be deposited into the agricultural development and food security special fund, and 2 cents of the tax to go toward funding the climate change task force. (SD1)
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ENE/AGL, WAM |
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RELATING TO SOLID WASTE. Applies the solid waste disposal surcharge to waste that is deposited in landfills, incinerators, or waste-to-energy facilities, whether the waste is disposed of in-state or transferred out-of-state. (SD1)
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ENE, WAM |
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RELATING TO ENERGY. Requires the incorporation to the fullest extent possible of alternative energy designs into construction of, and major renovations to, schools and state facilities for which planning begins on or after 7/1/13. (SD1)
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ENE/EDU, WAM |
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RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST PACIFIC POWER AND WATER COMPANY, INC. Authorizes the issuance of special purpose revenue bonds to assist Pacific Power and Water Company, Inc., with the planning, permitting, designing, construction, equipping, and operating of hydropower facilities throughout the State. (SD1)
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ENE/CPN, WAM |
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MAKING AN EMERGENCY APPROPRIATION OUT OF THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND. Making an emergency appropriation out of the Brownfields Cleanup Revolving Loan Fund for the clean-up of a contaminated site. (SD1)
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ENE/HWN, WAM |
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RELATING TO ENVIRONMENTAL PROTECTION. Requires businesses to collect a 25 cent offset fee for distribution of every non-reusable checkout bag. Provides exemptions for certain uses and for beneficiaries of the women, infants, and children program and the supplemental nutrition assistance program. Provides for the department of health to collect seventy-five per cent of offset fee to be used for administration and enforcement. Allows businesses to retain twenty-five per cent of the offset fee as taxable income. Exempts the offset fee from general excise tax. Effective 7/1/2050. (SD1)
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ENE/EDT, WAM |
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RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST BIOENERGY HAWAII, LLC. Authorizes the issuance of special purpose revenue bonds to assist BioEnergy Hawaii, LLC, establish a cogeneration facility and related energy production facilities for electrical output or biofuels energy, or both. (SD1)
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ENE, WAM |
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RELATING TO THE PUBLIC UTILITIES COMMISSION. Allows the public utilities commission (PUC) to consider the benefits of capital improvements for renewable energy and energy efficiency despite the short-term expense. Requires the PUC to consider the need to reduce the State's reliance on fossil fuels.
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ENE/CPN, WAM |
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MAKING A GRANT FOR THE ESTABLISHMENT AND OPERATION OF A COMPREHENSIVE DEAF CENTER. Appropriates moneys for a grant to establish and operate a comprehensive deaf center.
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HMS, WAM |
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RELATING TO BUILDING DESIGN FOR PERSONS WITH DISABILITIES. Establishes an accessible building design special account, within the disability and communication access board special fund, for fees to be deposited and expended. Allows the disability and communication access board to charge a fee to defray expenses of reviewing construction plans to ensure compliance with law. Establishes fees for the review of buildings and facilities to ensure accessibility by persons with disabilities; fees will be in effect until the disability and communication access board adopts rules pursuant to Chapter 91, HRS. Effective 1/1/2012, upon adoption of administrative rules. (SD1)
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HMS, WAM |
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RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST PALOLO CHINESE HOME AND ITS SUBSIDIARIES. Authorizes the issuance of special purpose revenue bonds to assist Palolo Chinese Home in financing the capital costs related to the expansion, construction, and rebuilding of its facilities. (SD1)
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HMS, WAM |
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RELATING TO HEALTH. Provides for telehealth services coverage for medicaid and QUEST patients using Kona hospital's medical van program. Repeals 6/30/2013. (SD1)
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HMS, WAM |
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RELATING TO HEALTH. Appropriates funds to the department of human services to match the federal disproportionate share hospital allowance allocated to the State. (SD1)
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HMS, WAM |
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RELATING TO HEALTH. Creates presumptive medicaid eligibility for waitlisted patients until 7/1/2016. Requires DHS to conduct a study of a computerized medicaid applications system. Appropriates funds for reimbursements for services provided during the time that waitlisted patients are enrolled and later disenrolled due to a determination of ineligibility. (SD1)
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HMS, WAM |
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RELATING TO HOMELESSNESS. Establishes the Hawaii interagency council on homelessness, under the department of human services for administrative purposes; makes an appropriation for administrative expenses. (SD1)
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HMS, WAM |
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RELATING TO THE HOMELESS. Requires the department of human services to locate suitable properties for a housing first program to implement affordable rental housing projects, including an initial housing first single-resident occupancy affordable rental housing model project site in an urban core. Requires DHS to report to the legislature and the governor. (SD1)
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HMS, WAM |
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RELATING TO HOUSING. Appropriates funds for the housing placement program within the homeless programs office of the department of human services; funds to be expended by the department of human services. (SD1)
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HMS, WAM |
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RELATING TO CHILDREN. Appropriates funds for various early childhood and school readiness programs.
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HMS/HTH, WAM |
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RELATING TO THE EMERGENCY AND BUDGET RESERVE FUND. Appropriates moneys from the emergency and budget reserve fund to maintain funding levels of programs for public health, safety, welfare, and education. (SD1)
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HMS/HTH, WAM |
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RELATING TO INDIVIDUAL DEVELOPMENT ACCOUNTS. Clarifies guidelines for individual development accounts; allows the department of human services or a contracted agency to provide technical and administrative assistance to fiduciary organizations. Appropriates funds. (SD1)
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HMS, WAM |
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RELATING TO HAWAII PUBLIC HOUSING AUTHORITY. Authorizes the HPHA to enter into contracts with developers to develop public housing projects in exchange for commercial space in the project.
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HMS/WLH, WAM |
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RELATING TO HEALTH. Establishes the Hawaii patient centered health home pilot program. Establishes the Hawaii medicaid modernization and innovation council to design and implement the program. Council ceases to exist on 6/30/13. (SD1)
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HMS/HTH, WAM |
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RELATING TO HAWAIIAN MUSIC AND DANCE. Establishes the museum of Hawaiian music and dance design committee; authorizes the committee to invite developers to prepare plans, specifications, and designs for the construction of a museum, and to review for approval the proposed museum development plans submitted by developers; appropriates funds to finance the design and construction of a museum of Hawaiian music and dance. (SD1)
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HWN, WAM |
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RELATING TO THE BUDGET OF THE OFFICE OF HAWAIIAN AFFAIRS. Appropriates funds for the operating and capital improvement budget of the Office of Hawaiian Affairs for fiscal years 2011-2012 and 2012-2013.
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HWN, WAM |
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RELATING TO THE CRIMINAL JUSTICE SYSTEM. Establishes a task force to lessen the instances of the people of Hawaii, especially Native Hawaiians becoming entangled in the criminal justice system. Appropriates funds. (SD1)
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HWN, WAM |
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RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED. Increases the limit the department is currently authorized to borrow or guarantee on loans from $50,000,000 to $100,000,000 to cover the department's guarantee requirements for its housing program.
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HWN, WAM |
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RELATING TO GOVERNMENT. Establishes a nine-member commission to prepare, maintain, and certify a roll of qualified Native Hawaiian constituents; establishes requirements and procedures for preparation of the roll; establishes a process of recognition and ratification of governing documents and an interim first nation governing council; authorizes adoption of rules; appropriates unspecified funds for expenditure by the office of Hawaiian affairs. (SD1)
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HWN/JDL, WAM |
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RELATING TO TAX APPEALS. Prohibits discovery and limits the award of costs in controversies involving small claim tax appeals. Effective July 1, 2050. (SD1)
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JDL, WAM |
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RELATING TO THE HAWAII OCCUPATIONAL SAFETY AND HEALTH LAW. Raises the civil penalty amounts and additional criminal fines for violations of the Hawaii occupational safety and health law. Effective 7/1/2050. (SD1)
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JDL, WAM |
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RELATING TO SURCHARGE FOR INDIGENT LEGAL SERVICES. Increases the amount of surcharges for indigent legal fees. Effective 7/1/2050. (SD1)
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JDL, WAM |
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RELATING TO LANDOWNER LIABILITY. Provides that owners of agricultural land or range land have no duty of care to trespassers. Establishes rebuttable presumption of no liability. Permits trespasser to overcome presumption by preponderance of evidence that owner was grossly negligent or intentionally injured the trespasser. Authorized fines of up to $10,000 for the offense of criminal trespass on agricultural lands. Effective July 1, 2050. (SD1)
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JDL/AGL, WAM |
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MAKING APPROPRIATIONS FOR SALARY INCREASES FOR PUBLIC EMPLOYEES. Appropriates funds for Hawaii employees in collective bargaining unit (2). (SD1)
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JDL, WAM |
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MAKING APPROPRIATIONS FOR SALARY INCREASES FOR PUBLIC EMPLOYEES. Appropriates funds for Hawaii employees in collective bargaining unit (3). (SD1)
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JDL, WAM |
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RELATING TO PUBLIC EMPLOYMENT. Converts a number of civil service exempt positions to civil service positions. Clarifies that certain positions shall be filled according to the state civil service law. Effective 7/1/2050. (SD1)
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JDL, WAM |
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MAKING EMERGENCY APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS. To provide employer contributions amounts for plan year 2010‑2011 for Hawaii employer‑union health benefits trust fund health benefit plan premiums for the employees of collective bargaining units (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), and (13) and their excluded counterparts. Effective July 1, 2050. (SD1)
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JDL, WAM |
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RELATING TO THE DEFINITION OF COMPENSATION FOR PURPOSES OF THE EMPLOYEES' RETIREMENT SYSTEM. Amends the definition of "compensation" for the purpose of calculating retirement benefits. Provides a gradual stepped-down calculation for additional compensation for members who are members as of June 30, 2011, for the purposes of calculating retirement benefits. Eliminates additional compensation for new members for the purpose of calculating retirement benefits. Effective 7/1/2050. (SD1)
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JDL, WAM |
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RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. Amends retirement benefits for state and county employees who become members of the employees' retirement system after June 30, 2012. Effective 7/1/2050. (SD1)
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JDL, WAM |
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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 $100, and establishes an adjudicatory structure for its enforcement. Deletes reporting requirements of board of education for students possessing one ounce or less of marijuana. Clarifies that medical marijuana patients and primary caregiver may assert affirmative defense to prosecution, criminal or civil, involving possession of one ounce or less of marijuana. Excludes possession of one ounce or less of marijuana from authority of Hawaii paroling authority to require paroled prisoner to undergo and complete substance abuse treatment. Excludes possession of more than one ounce of marijuana from authority of courts to require a defendant to undergo and complete substance abuse treatment for probation violation. Clarifies definition of detrimental drug to exclude one ounce or less of marijuana. Excludes possession of one ounce or less of marijuana from offenses of promoting a detrimental drug in the second degree and third degree. Clarifies a civil violation for possession of marijuana does not constitute a prior offense for purposes of the conditional discharge law. Effective 7/1/2050. (SD1)
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JDL/HTH, WAM |
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RELATING TO ATTORNEY'S LIENS. Provides that attorney's liens shall attach to judgments, decrees, orders, settlements, and awards pursuant to a court order or arbitration proceeding. Effective July 1, 2050. (SD1)
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JDL, WAM |
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RELATING TO ROADWAY MATERIALS. Clarifies that state agencies may purchase roadway materials with a minimum recycled glass content. Allows use of minimum glass of ten per cent crushed glass aggregate in all basecourse and subbase. Effective 7/1/2050. (SD1)
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TIA, WAM |
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RELATING TO PASSENGER FACILITY CHARGES. Authorizes the department of transportation to collect increases in passenger facility charges without amending the administrative rule. (SD1)
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TIA, WAM |
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RELATING TO MOTOR VEHICLE REGISTRATION. Allows for increase in the State motor vehicle registration fee and deposits the money into the State Highway Fund.
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TIA, WAM |
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RELATING TO MOTOR VEHICLE WEIGHT TAX. Allows for increase in the State motor vehicle weight tax and deposits the money into the State Highway Fund.
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TIA, WAM |
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RELATING TO HIGHWAY SAFETY. Extends the period in which an owner of a new car is exempted from obtaining a certificate of inspection from two years to three years from the date of purchase.
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TIA, WAM |
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RELATING TO CULTURE AND THE ARTS. Requires the Hawaii Tourism Authority to support traditional Hawaiian arts and cultural activities. (SD1)
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TSM/EDT/HWN, WAM |
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RELATING TO ECONOMIC RECOVERY. Provides a tax credit for qualified hotel and resort property construction and renovations costs incurred after December 31, 2010, and before January 1, 2015. Effective 7/1/2050. (SD1)
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TSM, WAM |
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RELATING TO PUBLIC LANDS. Authorizes BLNR to extend leases of public lands for hotel and resort use upon approval of a proposed development agreement to make substantial improvements to the premises. Effective 7/1/2050. (SD1)
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TSM/WLH, WAM |
NOTE: Decision making hearing only, no public testimony will be accepted.
Persons wishing to offer comments may do so in one of the following ways by 4:00 p.m. the day prior to the hearing:
ˇ By Email: E-mail if less than 5 pages in length, to the Committee at WAMTestimony@Capitol.hawaii.gov . Please indicate the measure, date and time of the hearing. Email sent to individual offices or any other Senate office will not be accepted.
ˇ By Web: Online if less than 4MB in size, at http://www.capitol.hawaii.gov/emailtestimony.
ˇ In person: One copy of comments to the committee clerk, Room 211, State Capitol.
ˇ By fax: Fax if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), at least 24 hours prior to the hearing. When faxing, please indicate to which committee the comments are being submitted and the date and time of the hearing.
Please note: If you submit your written comments after 4:00 p.m. the day prior to the hearing, a copy of your comments may not be available during the hearing but will be posted online after the hearing.
Please note: All comments received by the Hawaii Senate will be posted on the Hawaii Legislature's Website. Documents made available through the hyperlink(s) above may not be posted until the start of the hearing.
FOR AMENDED HEARING NOTICES: If the notice is an amended notice, measures that have been deleted are stricken through and measures that have been added are underscored. If there is a measure that is both underscored and stricken through, that measure has been deleted from the agenda.
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