THE SENATE

Provides a measure for conforming amendments to the Hawaii income tax law based upon amendments to the Internal Revenue Code made in calendar year 2010.

WAM

SB 1107

Testimony

Status

RELATING TO THE GENERAL EXCISE TAX.

Exempts from the GET the amounts received by a common paymaster to pay the remuneration for related persons to the common paymaster.

WAM

RELATING TO THE TRANSIENT ACCOMMODATIONS TAX.

Applies a daily $10 transient accommodations tax to each transient accommodation furnished on a complimentary or gratuitous basis, or otherwise at no charge. Imposes a ceiling on the amount of transient accommodation tax funds transferred to the tourism special fund and to the counties for any period ending prior to July 1, 2015. Requires a portion of excess transient accommodations tax revenues to be used for environmental protection, improvements to public facilities impacted by visitors, and advancing Hawaiian culture and the arts. (SD1)

TSM, WAM

RELATING TO DAMS AND RESERVOIRS.

Declares dams and reservoirs as important water resources that provide certain benefits to the public; requires board of land and natural resources to consider the need to consistently maintain and operate dams and reservoirs in a feasible manner; requires fees to cover a portion of the board's costs; requires board to consider a lower hazard potential classification for operating systems that enable direct control of water inflow; requires DLNR to include in its annual report initiatives implemented to ensure dams and reservoirs continue to be retained and operated in a feasible manner to sustain their role as important water resource.

WLH, WAM

RELATING TO AQUACULTURE.

Increases lease terms for aquaculture operations from 35 to 65 years. Permits aquaculture lessees in good standing the right of first refusal. Allows for supportive aquaculture activities. Effective 7/1/2050. (SD1)

AGL/WLH, WAM

RELATING TO AGRICULTURE.

Creates the food safety and security program within the department of agriculture. Makes an appropriation for the food safety and security program. Provides a grant pursuant to chapter 42F, HRS, to the 4Ag Hawaii nonprofit corporation to expand its outreach and e-educational initiatives begun in 2010. (SD1)

AGL, WAM

RELATING TO AGRICULTURE.

Requires the State to attain certain food sustainability standards by enumerated deadlines. Requires the department of agriculture to monitor the State's progress with respect to achieving the food sustainability standards. Requires the department of agriculture to report to the legislature annually. Makes an appropriation to the department of agriculture to effectuate the purpose of this Act. (SD1)

AGL, WAM

RELATING TO THE LONG-TERM AGRICULTURAL LEASE TASK FORCE.

Establishes the long-term agricultural lease task force in the department of agriculture. Makes an appropriation. (SD1)

AGL, WAM

MAKING AN APPROPRIATION FOR THE OPERATION AND MAINTENANCE OF THE EAST KAUAI IRRIGATION SYSTEM.

Appropriates funds for the continued operation and maintenance of the east Kauai irrigation system.

AGL, WAM

RELATING TO THE JUDICIARY.

Establishes the access to justice trust fund under the judiciary as an endowment, to be administered by a nonprofit entity. Requires investment of the principal. Authorizes disbursement of interest earned to fund nonprofit legal service organizations to assist with the legal services needs of the poor, indigent, and other vulnerable populations. Effective 7/1/2050. (SD1)

JDL, WAM

RELATING TO FAMILY COURT.

Creates a citizen's family law advisory committee to be placed, for administrative purposes, in the judiciary. Effective 07/01/2050. (SD1)

JDL, WAM

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 July 1, 2050. (SD1)

JDL, WAM

RELATING TO UNEMPLOYMENT INSURANCE BENEFITS.

Repeals the June 30, 2012 sunset date of provisions related to partial unemployment benefits. Removes the eight-week limitation on partial unemployment benefit status. Makes mandatory, rather than discretionary, the waiver of registration and work search requirements for individuals who are partially employed. Authorizes an individual that is attached to a regular employer that is not offering work to continue to be eligible to receive unemployment insurance benefits even if that individual voluntarily or involuntarily separates from part-time employment, with or without good cause from a secondary employer during that week. Effective 7/1/2050. (SD1)

JDL, WAM

RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND.

Amends the appointment and quorum requirements of the board of trustees of the Hawaii employer-union health benefits trust fund (EUTF). Permits the EUTF board of trustees to retain an attorney independent of the attorney general's office to represent the EUTF. Requires health and other benefit plans to be provided for collective bargaining units, retirees, and other eligible beneficiaries. Transfers the administration of the EUTF to the department of human resources. Effective 7/1/2050. (SD1)

JDL, WAM

RELATING TO COLLECTIVE BARGAINING.

Specifies that the benefits of the Hawaii employer-union health benefits trust fund are subject to negotiation; clarifies that a decision of an arbitration panel shall be final; updates statutory references; makes conforming amendments. Effective 7/1/2050. (SD1)

JDL, WAM

RELATING TO CABLE TELEVISION SYSTEMS.

Allows the director of commerce and consumer affairs to designate an access organization to oversee public, educational, and governmental channels on cable television.

CPN, WAM

RELATING TO CONDOMINIUMS.

Repeals the sunset date on the condominium dispute resolution pilot project and preserves the availability of mediation, arbitration, administrative resolution, and right of judicial appeal for disputes related to certain condominium matters. (SD1)

CPN, WAM

RELATING TO THE PUBLIC UTILITIES COMMISSION.

Establishes notice and fact-finding requirements for the issuance of certificates of public convenience and necessity for water carriers; expands the composition of the PUC to five members with a representative from each county plus one at-large member; creates specialized subject-matter panels within the PUC; mandates the hiring of sufficient staff; creates the position of executive officer; requires electronic posting of information in connection with applications for certificates of public convenience and necessity; bars interim or temporary orders for certificates of public convenience and necessity except in state-declared emergencies. (SD1)

CPN, WAM

RELATING TO NATUROPATHIC PHYSICIANS.

Specifies requirements for coverage of services provided by naturopathic physicians by health insurers, mutual benefit societies, fraternal benefit societies, and health maintenance organizations; makes conforming amendments. (SD1)

CPN, WAM

RELATING TO IMPORTANT AGRICULTURAL LANDS.

Establishes incentives for important agricultural lands, including reduction of unnecessary infrastructure requirements, expedited permitting procedures, and tax incentives. (SD1)

WLH, WAM

RELATING TO THE LANAI WATERSHED.

Requires private funding sources to implement the Lanaihale watershed management plan. Requires the department of land and natural resources to control and manage implementation of the Lanaihale watershed management plan. (SD1)

WLH, WAM

RELATING TO FISHING.

Designates the Lanai community-based fishery resource management area. Establishes the Lanai community-based fishery resource management area advisory committee to develop a community-based fishery resource management area program to implement traditional fishery management practices on the island of Lanai. (SD1)

WLH, WAM

RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES.

Establishes a public corporation to administer an appropriate and culturally-sensitive public land development program; allows the limited issuance of commercial use permits for vessels with assigned moorings in Ala Wai and Keehi harbors; provides for future mooring fees to be established by appraisal by a state-licensed appraiser; and directs the department of land and natural resources to use the request for proposals process to enter into a public-private partnership for the development of portions of Ala Wai small boat harbor facilities that are presently under-used to maximize the revenue potential from its facilities. (SD1)

WLH, WAM

RELATING TO AGRICULTURE.

Provides that dams and related reservoir areas designated as important agricultural lands shall be included in the total area calculation for important agricultural lands. Provides tax credits and exemptions for dam and reservoir remediation and aquacultural facilities. Grants priority to aquacultural activities at non-commercial state-owned harbors. (SD1)

WLH, WAM

RELATING TO HISTORIC PRESERVATION.

Establishes the south Kona wilderness area on the island of Hawaii to preserve vulnerable visual, natural, and historical aspects of South Kona. (SD1)

WLH/HWN, WAM

RELATING TO PUBLIC LANDS.

Authorizes the department of land and natural resources to consider the exchange of Sand Island parcels to leaseholders; requires a report of findings and recommendation to the legislature. (SD1)

WLH, WAM

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.

Requires certain council, board, and commission members to take a training course offered by OHA relating to native Hawaiian traditional and customary rights, natural resource protection and access rights, and the public trust. Effective 7/1/2012. (SD1)

HWN, WAM

RELATING TO BUSINESS DEVELOPMENT IN HAWAII.

Amends the motion picture, digital media, and film production tax credits to increase the tax credits to unspecified percentages and dollar amounts and to provide additional non-refundable tax credits for qualified media infrastructure projects in certain qualifying counties; provides an additional tax credit for qualified special or visual effects and animation production costs; raises the tax credit caps to unspecified amounts. Effective 7/1/2050. (Proposed SD2)

EDT, WAM

RELATING TO TAXATION.

Repeals Act 155, Session Laws of Hawaii 2010, which requires all businesses with excise tax exemptions to register to do business in Hawaii, file their tax returns in a timely manner, and expressly claim their entitlement, and creates a personal trust liability for businesses that use the general excise tax as the basis for increasing their prices and ensures that those funds are paid to the State for the benefit of consumers and businesses.

EDT, WAM

RELATING TO SMALL BUSINESS.

Reestablishes the Hawaii capital loan revolving fund; requires that principal and interest payments being made on outstanding loans be deposited into the fund; authorizes the department of business, economic development, and tourism to contract with financial institutions for servicing or administering loans; appropriates funds for the operations of the Hawaii capital loan program. (SD1)

EDT, WAM

RELATING TO ECONOMIC DEVELOPMENT.

Creates annual exemption from general excise tax on retail sales of: school supplies of less than $15 per item; computers, computer software, and computer supplies of less than $1,500 per purchase; clothing of less than $100 per item; and books of less than $50 per item, transacted during a five day period in the last full week of July; requires all savings generated to be passed on by the seller to the purchaser without any increase in price; clarifies items not included in the exemption. (SD1)

EDT, WAM

RELATING TO INFORMATION TECHNOLOGY.

Authorizes the chief information officer to employ persons not subject to chapters 76, 78, and 89, Hawaii Revised Statutes; transfers the shared services technology special fund from the department of budget and finance to the department of accounting and general services, specifies a percentage from special funds for deposit into the fund, and establishes a trust account in the fund; authorizes the chief information officer and comptroller to raise funds and accept donations for the fund; requires the chief information officer to submit annual reports; appropriates funds. (SD1)

EDT, WAM

RELATING TO SCIENCE AND TECHNOLOGY.

Establishes a task force to identify barriers that Hawaii businesses and university professors face in developing entrepreneurial business models in biotechnology, and to recommend specific actions to address these barriers; requires report to the 2012 legislature; appropriates funds. (SD1)

EDT/EDU, WAM

RELATING TO SECURITY BREACHES OF PERSONAL INFORMATION.

Requires government agencies to develop mandatory training programs for agency personnel to whom disclosures of personal information are made or to whom access to the personal information may be granted; requires reports of security breaches to be submitted to the information privacy and security council; requires the council to be responsible for coordination of the implementation of guidelines by government agencies; makes the comptroller or state chief information officer chair of the council; authorizes the information and communication services division to provide training; appropriates funds for the council, personnel, and security tools. (SD1)

EDT/JDL, WAM

RELATING TO THE DEPARTMENT OF EDUCATION.

Restructures the department of education into two major divisions – the academic achievement division and the administration division – and establishes two senior deputy superintendent positions to head the divisions. (SD1)

EDU, WAM

RELATING TO EDUCATION.

Authorizes the department of education to close or consolidate existing schools in conformance with applicable administrative rules adopted pursuant to chapter 91, HRS. Requires the department of education to give notice to affected schools of closure or consolidation; provided that an affected school may remain open if it meets certain requirements within one year of the notice of closure or consolidation. Effective 7/1/2050. (SD1)

EDU, WAM

RELATING TO EXTRACURRICULAR ACTIVITIES.

Requires the department of education and the board of education to develop policies and procedures to allow home schooled students to participate on an equal basis in extracurricular activities offered at the public school they would otherwise be required to attend. Requires a report to the legislature no later than twenty days prior to the convening of the regular session of 2012. (SD1)

EDU, WAM

RELATING TO SPECIAL EDUCATION.

Requires certain private special education schools and programs that provide services to students with disabilities who receive state funding, to comply with federal and state laws, rules, and regulations. Requires accreditation within a certain time for certain private schools or programs that accept students with disabilities who receive state funding. (SD1)

EDU, WAM

RELATING TO EDUCATION.

Beginning with the 2014-2015 school year, requires children who attend public or private kindergarten programs to be assessed by an early learning educator at the kindergarten prior to entering first grade to ensure the child is qualified to enter the first grade. Requires any assessment conducted by a private kindergarten program to be certified by the Hawaii Association of Independent Schools or the early learning council. Requires children who do not attend kindergarten to be assessed by the department of education prior to entering first grade in a public school. (SD1)

EDU, WAM

RELATING TO EDUCATION.

Creates a task force to examine the Higher Education Act of 1965, as amended, and regulations pursuant to that Act, make recommendations to ensure the State's compliance with provisions relating to the state authorization of institutions that offer educational programs beyond secondary education, and make recommendations as to whether existing functions relating to the licensing or authorization of any educational institutions in the State, and administrators and instructors thereof, should be consolidated and tasked to one state agency that would be responsible for the licensing and authorization of all educational institutions in the State and their related operations. Requires the task force to report to the legislature. Requires the legislative reference bureau to provide research and administrative support to the task force. (SD1)

EDU, WAM

RELATING TO PUBLIC SCHOOL LANDS.

Establishes the public school lands trust to provide for the maximum use of public school lands in order to generate income to improve public school facilities and infrastructure to meet the challenges of the twenty-first century and beyond. Requires that any sale of land from the public school lands trust be approved by no less than two thirds of each house of the legislature. Effective 7/1/2050. (SD1)

EDU/WLH, WAM

RELATING TO AQUATIC RESOURCES.

Allows UH to use staff of DLNR for security for coconut island. Exempts Hawaii marine laboratory refuge from obtaining state and county permits for repair and maintenance of facilities on coconut island. Repeals 7/1/2016. (SD1)

EDU/WLH, WAM

RELATING TO MEDICAID.

Creates a wellness pilot program within medicaid; appropriates funds. Establishes a joint legislative task force to examine issues relating to medicaid shortfalls. (SD2)

HMS/HTH, WAM

RELATING TO YOUTH SUICIDE PREVENTION.

Makes an appropriation to the department of education for two positions to support suicide prevention services: a peer education program resource teacher and a full time clerk-typist. (SD1)

HMS/EDU, WAM

RELATING TO A MEMORIAL.

Requires the Office of Veterans' Affairs, Department of Accounting and General Services, and Department of Defense to establish a memorial to the veterans of the Persian Gulf War, Operation Desert Storm, Operation Iraqi Freedom, Operation Enduring Freedom, Operation New Dawn, Operation Northern Watch, Operation Southern Watch, and other Middle East combat conflicts beginning with Operation Desert Storm. (SD1)

PGM, WAM

RELATING TO CONVEYANCE TAX.

Requires the director of taxation to provide the administrator of each county's real property assessment division with an image of all certificates of conveyances filed with the bureau of conveyances within ten days after the end of each week.

PGM, WAM

RELATING TO MEDICAL CANNABIS RESEARCH.

Establishes a 3-year pilot medical cannabis research program in the State to provide a means by which a team of qualified researchers would undertake medical cannabis research involving local qualifying medical cannabis patients. Sunsets 12/31/14. (SD1)

PGM, WAM

RELATING TO PUBLIC SAFETY.

Requires the department of public safety to develop a plan to reopen the Kulani correctional facility, implement transfers, and house newly sentenced individuals by 12/1/2011. Report to 2012 legislature. (SD1)

PGM, WAM

RELATING TO PUBLIC SAFETY.

Directs the department of public safety to develop a master plan for the return of Hawaii inmates housed in mainland prisons. Report to 2012 legislature. (SD1)

PGM, WAM

RELATING TO THE DEPARTMENT OF THE SHERIFF.

Creates a task force to plan for the establishment of a department of the sheriff to assume responsibilities and functions exercised by the sheriff division of the department of public safety. Report to legislature. (SD1)

PGM, WAM

RELATING TO HEALTH.

Transfers departmental jurisdiction of the medical marijuana laws from the department of public safety (DPS) to the department of health (DOH). Requires the DPS to continue to maintain a verification service to confirm registration that is accessible 24/7 to the DOH. Requires DPS to assist with the transfer to the DOH. Effective 1/2/2012. (SD1)

PGM/HTH, WAM

RELATING TO INFERTILITY PROCEDURES.

Amends requirements for coverage of infertility treatments to include procedures other than in vitro fertilization; removes requirement that recipients of infertility treatment be married. Requires the covered infertility treatments to be performed at centers that are members of the Society for Assisted Reproductive Technologies. (SD1)

HTH/JDL, WAM

RELATING TO THE CLEAN AND SOBER HOME AND HALFWAY HOUSE TASK FORCE.

Establishes a task force, within the department of health, to regulate clean and sober homes and halfway houses.

HTH, WAM

RELATING TO SEAWATER AIR CONDITIONING.

Allows the sale of air conditioning produced from seawater air conditioning district cooling systems (SWAC) to qualify for state enterprise zone benefits. Establishes that contractors working on SWAC shall not be exempt from the general excise tax. (SD1)

ENE, WAM

MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE LEGISLATURE, THE AUDITOR, THE LEGISLATIVE REFERENCE BUREAU, THE OMBUDSMAN, AND THE ETHICS COMMISSION.

Appropriates funds to provide for the expenses of the Legislature, Auditor, Legislative Reference Bureau, Ombudsman, Ethics Commission, and the Legislative Broadcasting Program. (HB827 HD1)

WAM

MAKING AN APPROPRIATION TO THE DEPARTMENT OF AGRICULTURE.

Appropriates funds to the department of agriculture to acquire a slaughterhouse within the Campbell Industrial Park on the island of Oahu; to fund necessary construction, renovation, and improvement projects; and to purchase equipment for the slaughterhouse. (SD1)

AGL, WAM

SB 654

Testimony

Status

RELATING TO TAXATION.

Provides a temporary tax credit for residential construction and remodeling projects. Requires a report to the legislature comparing the impact on jobs and the state budget for various tax credit applications. Sunsets 12/31/13.

WAM

RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.

Removes the exemption for dietary supplements from the deposit beverage container program.

ENE, WAM

NOTE: Decision making meeting 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:

· By Email: Email if less than 5 pages in length, to Committee at WAMTestimony@Capitol.hawaii.gov. Please indicate the measure, date and time of the hearing. Email sent to individual office or any other Senate office will not be accepted.

· By Web: Online if less than 4MB in size, at http://www.capitol.hawaii.gov/emailtestimony.

· In person: One copy of comments to the Committee Clerk, Room 211, State Capitol.

· 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.

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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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________________________________________

Senator David Y. Ige

Chair