THE TWENTY-SEVENTH LEGISLATURE
REGULAR SESSION OF 2013
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Senator David Y. Ige, Chair |
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Senator Michelle N. Kidani, Vice Chair |
NOTICE OF DECISION MAKING
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DATE: |
Thursday, February 21, 2013 |
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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
Decision making meeting only, no public testimony will be accepted. Persons wishing to offer comments may do so 24 hours prior to the hearing. See submittal instructions below.
The following measure(s) were previously heard in their respective Standing Committees:
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RELATING TO AGRICULTURE. Establishes an agricultural development and food security program. Establishes state planning objectives to increase demand and access to locally grown foods. Establishes state planning objectives to increase production of locally grown foods. Make appropriations.
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AGL, WAM |
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RELATING TO AGRICULTURE. Adds to the definition of agricultural commodities exempt from the GET, milk, poultry eggs, poultry carcass, poultry meat, and aquaculture and aquaponic products to be consumed in the State, whether processed in the State or imported.
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AGL, WAM |
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RELATING TO FOOD SECURITY. Establishes a temporary food security task force at the National Disaster Preparedness Training Center at the University of Hawaii to develop an emergency food plan that addresses certain food security issues resulting from an emergency, catastrophic event, or quarantine. (SD1)
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AGL/PSM, WAM |
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RELATING TO AGRICULTURAL DEVELOPMENT. Increases the agribusiness development corporation's limit on investments in qualified securities of any one enterprise to $3,000,000.
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AGL, WAM |
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RELATING TO AGRICULTURAL LAND ACQUISITION. Makes an appropriation for the agribusiness development corporation to purchase agricultural land. (SD1)
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AGL, WAM |
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RELATING TO AGRICULTURE. Caps the livestock revitalization program grant per qualified producer per year at the lesser of $200,000 or fifteen per cent of the cost of feed for production of poultry products, milk, or pigs and beef cattle raised and slaughtered in Hawaii for local consumption. Expands the livestock program to include subsidies for costs incurred in raising goats, sheep, fish, and crustaceans. Appropriates funds for the livestock revitalization program. Requires the livestock revitalization program to be funded through the agricultural development and food security special fund. (SD1)
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AGL, WAM |
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RELATING TO HAWAII FOOD RESILIENCY. Develops a food resiliency initiative program, including a new branch in the department of agriculture, a task force, and appropriations. (SD1)
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AGL, WAM |
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RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST AGRICULTURAL ENTERPRISES. Assists agricultural enterprises in the State by authorizing the State to issue special purpose revenue bonds for their benefit. Contingent upon ratification of constitutional amendment authorizing the State to issue special purpose revenue bonds and use the proceeds from the bonds to assist agricultural enterprises. (SD1)
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AGL, WAM |
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RELATING TO PROCUREMENT. Exempts the purchase of fresh meats and produce and animals and plants by any governmental body from the Hawaii Public Procurement Code. (SD1)
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AGL/EGH, WAM |
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RELATING TO LIVESTOCK BIOSECURITY. Allows for agricultural loans to be administered for livestock biosecurity projects. (SD1)
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AGL, WAM |
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RELATING TO AGRICULTURAL LOANS. Modifies the new farmer loan program of the Department of Agriculture to promote the development of innovative technologies and to assist new farm enterprises. (SD1)
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AGL, WAM |
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RELATING TO PUBLIC SCHOOL LANDS. Establishes a three-year pilot program to generate revenue for the use of public school land through the lease of certain public school lands for public purposes, including but not limited to the development of workforce housing rental units, under specified conditions. Specifies that the lieutenant governor, in consultation with the department of education, board of education, and other appropriate agencies, shall be the facilitator of the pilot program. Authorizes the board of education to identify and select up to two existing school facilities for the pilot program. Clarifies that the board of education shall be subject to chapter 92, HRS, and shall foster school and community engagement during the site identification and selection process. Establishes the school facilities special fund within chapter 302A, HRS. Repeals the schools facilities special fund in chapter 171C, HRS. Requires the lieutenant governor to submit a report to the legislature. Makes an appropriation for the pilot program. Pilot program repeals 6/30/2016. (SD1)
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EDU, WAM |
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RELATING TO EDUCATION. Moves the framework for establishing an annual conference of secondary school students from chapter 317, HRS, to chapter 302A, HRS. Removes the governor's authority to appoint members of the student conference committee. Authorizes the superintendent or the superintendent's designee to select the public school members of the student conference committee. Authorizes a representative of the Hawaii Association of Independent Schools to select the members of the student conference committee from schools represented by the Hawaii Association of Independent Schools. Clarifies that the student conference advisory committee will provide guidance to the student conference committee in carrying out its purpose and duties. Repeals the mandatory legislator and department of education membership and instead clarifies that the department of education shall maintain guidelines and procedures for selecting the student conference advisory committee. Clarifies that the annual student conference is subject to program and funding limitations and removes the three day limit. Repeals the requirement for an evaluation report on student conference proceedings. Repeals chapter 317, HRS. (SD1)
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EDU, WAM |
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RELATING TO EDUCATION. Requires charter schools to complete an annual independent financial audit. Requires the state public charter school commission (commission) to develop procedures for conducting criminal history checks of persons who are employed or seeking employment in any position that places them in close proximity to children. Specifies enrollment requirements. Authorizes the commission to make facilities funding requests to the legislature. Requires the commission to determine criteria for distribution of facilities funding. Specifies when an employer or potential employer may use criminal history information to terminate or deny employment. Requires commission members to disclose to the commission a list of all charter schools in which the member is an employee, governing board member, vendor, contractor, agent, or representative and disqualifies members from voting on or participating in the discussion of such matters. Authorizes the commission to hire employees without regard to chapters 76 and 89, HRS. Removes the requirement that a nonprofit organization that governs a conversion charter school make minimum annual contributions to the charter school. Makes other amendments to chapter 302D, HRS, for purposes of clarity and consistency. Effective 7/1/2050. (SD1)
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EDU/JDL, WAM |
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RELATING TO THE STATE EDUCATIONAL FACILITIES IMPROVEMENT SPECIAL FUND. Removes the requirement that general excise tax revenues be deposited to the credit of the state educational facilities improvement special fund. Limits expenditures from the special fund to projects authorized by the legislature for fiscal years ending prior to 07/01/2014. Limits lease payments required by financing agreements paid from the special fund to those entered into prior to 07/01/2013. Repeals the special fund on 07/01/2023. (SD1)
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EDU, WAM |
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RELATING TO TAXATION. Authorizes a state income tax credit for certain expenses paid or incurred by a school teacher during the taxable year. Effective 7/1/2050. (SD1)
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EDU, WAM |
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RELATING TO TRANSPORTATION OF SCHOOL CHILDREN. Deletes statutory language specifying considerations and provisions for contracting transportation of school children.
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EDU/TIA, WAM |
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RELATING TO TRANSPORTATION OF SCHOOL CHILDREN. Amends section 103-55(c), Hawaii Revised Statutes, to make wage certification inapplicable to contracts to provide transportation services for school children.
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EDU/EGH, WAM |
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PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 1, OF THE HAWAII STATE CONSTITUTION TO PERMIT THE APPROPRIATION OF PUBLIC FUNDS FOR PRIVATE EARLY CHILDHOOD EDUCATION PROGRAMS. Proposes a constitutional amendment to permit the appropriation of public funds for private early childhood education programs, as provided by law, to help the State meet its goal of providing an early learning system for the children of Hawaii.
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EDU/JDL, WAM |
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RELATING TO SCHOOL READINESS. Establishes the school readiness program within the early learning system. (SD1)
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EDU/HMS, WAM |
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RELATING TO EARLY CHILDHOOD EDUCATION. Establishes the early childhood education program within the early learning system. (SD1)
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EDU, WAM |
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RELATING TO FILM AND DIGITAL MEDIA INDUSTRY DEVELOPMENT. Extends the motion picture, digital media, and film production income tax credit from 01/01/2016 to 01/01/2023. Repeals the credit ceiling per qualified production. Increases in the credit amount from 15% to 20% in a county with a population over 700,000, and from 20% to 25% in a county with a population of 700,000 or less. Creates a tax credit for qualified digital media infrastructure projects in West Oahu or the most populous island in a county with a population of 100,000 to 150,000, from 7/1/13 to 1/1/16. Requires analysis and reporting by the Department of Business, Economic Development, and Tourism on the effectiveness of the qualified digital media infrastructure tax credit. Provides for recapture of the digital media infrastructure tax credits. (SD1)
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EGH/TEC, WAM |
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RELATING TO OCEAN RECREATION. Amends the definition of "thrill craft". Prohibits the operation of more than one parasail vessel at any given time in state waters per permit for counties with populations over 700,000. Limits the number of vessels thrill craft permit holders are allowed to operate for rent per permit. (SD1)
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EGH/WTL, WAM |
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RELATING TO DIGITAL MEDIA INFRASTRUCTURE. Establishes a media infrastructure tax credit for qualified media infrastructure projects in West Oahu or on the most populous island in a county with a population between 100,000 and 150,000. Provides for recapture of the media infrastructure tax credit in certain circumstances. (SD1)
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EGH/TEC, WAM |
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RELATING TO KAPOLEI RECREATIONAL SPORTS COMPLEX. Makes housekeeping amendments to repeal the provisions providing for the maintenance, operation, management, and promotion of the Kapolei recreational sports complex from the Stadium Authority's statutory framework. (SD1)
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EGH, WAM |
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RELATING TO GREEN INFRASTRUCTURE. Establishes a regulatory financing structure that authorizes the public utilities commission and the department of business, economic development, and tourism to provide low-cost loans for green infrastructure equipment to achieve measurable cost savings and achieve Hawaii's clean energy goals. Requries a report to the legislature. Appropriates funds. (SD1)
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EGH/ENE/CPN, WAM |
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RELATING TO CAMPAIGN SPENDING. Requires affidavits to voluntarily limit campaign expenditures to be filed no later than the time of filing nomination papers. Limits the base amount a candidate for prosecuting attorney who voluntarily agrees to limit campaign expenditures to be the same amount as for the offices of state senator, state representative, and county council member.
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JDL, WAM |
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RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. Repeals provisions relating to the base monthly contributions for health benefit plans paid by the State and counties for retired employees. Repeals the requirement that the base composite monthly contribution shall be adjusted annually and the method of calculation. Effective 07/01/50. (SD1)
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JDL, WAM |
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RELATING TO COLLECTIVE BARGAINING. Requires the Hawaii labor relations board to provide written notice of a hearing to all parties by first class mail at least fifteen days before the scheduled hearing. Makes housekeeping amendments to the law relating to the scope of negotiations between the public employer and the exclusive representative to conform to existing law. Effective 07/01/50. (SD1)
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JDL, WAM |
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RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS. Creates standards and procedures for income-withholding, for purposes of enforcing restitution orders. Amends the definition of "debt" relating to the recovery of money owed to the State to include court-ordered restitution subject to civil enforcement. Removes court's authority to revoke restitution once ordered. Extends victims' access to adult probation records, to include access to payment compliance records, for purposes of enforcing restitution orders. Requires that any bail posted by a defendant be applied toward payment of any court-ordered restitution in the same case. Makes an unspecified appropriation to the judiciary for the purpose of enhancing restitution collection. (SD1)
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JDL, WAM |
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RELATING TO ARBITRATION. Allows an arbitrator to award costs in addition to attorney's fees and other reasonable expenses of arbitration if the award authorized by law in a civil action involves a comparable, rather than same, claim.
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JDL, WAM |
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RELATING TO WITNESSES. Amends section 621-7, HRS, to increase the per diem payments for out-of-state witnesses in criminal cases from $110 to $145. Provides an additional $90 per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight.
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JDL, WAM |
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RELATING TO COLLECTIVE BARGAINING. Creates a new bargaining unit (14) for first responders, including state law enforcement officers and state and county ocean safety and water safety officers. Effective 07/01/50. (SD1)
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JDL, WAM |
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RELATING TO COLLECTIVE BARGAINING. Makes housekeeping amendments relating to the scope of negotiations and repeals language that prohibits parties from using arbitration to resolve impasses or disputes relating to the State and counties' contributions to the employer-union health benefits trust fund. Repeals the procedures parties are required to follow after an arbitration panel issues a decision and the understanding that members of bargaining units are prohibited from striking on the issue of state and county contributions to the employer-union health benefits trust fund. Effective 07/01/50. (SD1)
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JDL, WAM |
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RELATING TO ATTORNEY'S FEES. Clarifies that the attorney general is allowed an award of attorney's fees and litigation costs to the department of the attorney general, but not to the attorney general personally. Effective on 07/01/50. (SD1)
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JDL, WAM |
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RELATING TO LEGAL SERVICES. Permits a deputy attorney general, except for the attorney general's first deputy, to provide pro bono legal service if, in the determination of the attorney general, the pro bono legal service does not conflict with the duties of the deputy's office. Effective 07/01/50. (SD1)
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JDL, WAM |
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RELATING TO EMPLOYER UNION HEALTH BENEFITS TRUST FUND CONTRIBUTIONS. Establishes employer contribution amounts for plan years 2011-2012 and 2012-2013 for Hawaii employer-union health benefits trust fund health benefit plan premiums for the employees of collective bargaining unit (10) and their excluded counterparts. Applies retroactively to 07/01/11. (SD1)
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JDL, WAM |
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RELATING TO THE COMPENSATION OF TRUSTEES. Clarifies and updates trustee compensation by setting out several categories of fees to which trustees are entitled. Effective 01/01/14. (SD1)
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JDL, WAM |
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RELATING TO HEALTH. Appropriates an unspecified amount to the department of health to create one full-time position in the department to facilitate licensing of home care providers. (SD1)
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HTH, WAM |
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RELATING TO CANCER. Appropriates funds for the comprehensive breast and cervical cancer control program.
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HTH, WAM |
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RELATING TO HEALTH. Appropriates funds to address the shortage of primary care physicians in the State through a comprehensive primary care workforce development plan that addresses the critical areas of loan repayment, diversity programs, and primary care workforce expansion.
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HTH, WAM |
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RELATING TO HEALTH. Requires health insurers, mutual benefit societies, and health maintenance organizations to provide health care coverage and benefits for autism spectrum disorders beginning after 12/31/2013. Takes effect 1/1/2030. (SD1)
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HTH/CPN, WAM |
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RELATING TO THE HOSPITAL SUSTAINABILITY PROGRAM. Amends Act 217, Session Laws of Hawaii 2012, to continue the Hospital Sustainability Program by extending the sunset date of the Act; updates the referral dates in the statute; and revises the funding amount for the hospital sustainability program for fiscal year 2013-2014. Effective 06/29/13. (SD1)
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HTH/HMS, WAM |
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RELATING TO HOSPITAL STANDARDS FOR SEXUAL ASSAULT VICTIMS. Adds a new part to chapter 321, Hawaii Revised Statutes, to ensure that female victims of sexual assault are provided with medically and factually unbiased information about and access to emergency contraception when receiving emergency medical care at Hawaii's hospitals for sexual assaults. (SD1)
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HTH/JDL, WAM |
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RELATING TO THE DIETITIAN LICENSURE SPECIAL FUND. Authorizes the Department of Health to expend fees from the Dietitian Licensure Special Fund to offset the expenses incurred relating to the licensing of dietitians.
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HTH/CPN, WAM |
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RELATING TO THE HAWAII HOME VISITING PROGRAM. Establishes a statewide hospital-based early identification and home visiting system to enhance health and safety outcomes, and prevent child abuse and neglect; and appropriates funds to the department of health to administer the program. (SD1)
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HTH, WAM |
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RELATING TO HEALTH. Establishes the maternal mortality review panel to conduct comprehensive reviews of maternal deaths in Hawaii, which includes collecting, analyzing, and disseminating maternal mortality information. Requires the committee to hold meetings and submit an annual report to the chairs of the senate and house committees on health with findings and recommendations to the legislature. (SD1)
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HTH, WAM |
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RELATING TO EMERGENCY MEDICAL CARE. Appropriates funds to increase the on-call availability of emergency medical services and ambulance services in Ewa Beach. Effective 7/1/13.
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HTH/PSM, WAM |
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MAKING AN APPROPRIATION FOR PUBLIC SAFETY PROGRAMS. Makes appropriation to the department of public safety to contract with community-based non-profit organizations to provide education, mentoring, restorative circles, farming, artisan skills, cognitive behavioral therapy, and cultural healing services to inmates and former inmates who are under the custody and control of the department of public safety or the Hawaii paroling authority. (SD1)
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PSM, WAM |
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RELATING TO CORRECTIONS. Allows committed persons to create and place for sale approved products and crafts. Allocates proceeds to rehabilitation programs, the crime victim compensation special fund, and the committed person's account. Requires department of public safety to study other states' practices on the making and sale of arts and crafts by inmates. Requires a report to the 2014 legislature.
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PSM, WAM |
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RELATING TO REGISTRATION OF BICYCLES AND MOPEDS. Prohibits assessment of a fee for registration of a bicycle or moped that is gifted within 90 days of issuance of the original certificate of registration.
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PSM, WAM |
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RELATING TO VETERANS. Makes permanent provisions relating to residency requirements for the burial in veterans cemeteries of armed service members and their dependents.
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PSM, WAM |
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RELATING TO A MEMORIAL. Directs the Office of Veterans' Affairs, with the assistance of the Department of Accounting and General Services and Department of Defense, to develop a plan to establish a memorial honoring the veterans of the Persian Gulf War, Operation Desert Storm, Operation Iraqi Freedom, Operation Enduring Freedom, and Operation New Dawn. Requires a report to the Legislature. (SD1)
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PSM, WAM |
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RELATING TO HOMELAND SECURITY. Enacts a homeland security law to establish a state homeland security office within the department of defense and authorize the establishment of county organizations for homeland security.
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PSM, WAM |
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RELATING TO AEROSPACE. Extends the terms of members of the aerospace advisory committee from 2 to 4 years.
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PSM, WAM |
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RELATING TO THE PACIFIC INTERNATIONAL SPACE CENTER FOR EXPLORATION SYSTEMS SUSTAINABLE CONCRETE INITIATIVE. Appropriates funds to support the investigative stage of the Pacific international space center for exploration systems sustainable concrete initiative, contingent upon a dollar-for-dollar match from other sources.
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PSM/EGH, WAM |
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RELATING TO IMPACT FEES. Requires the assessment of impact fees prior to issuance of a water meter and requires that impact fees be collected in full before or upon issuance of the water meter.
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PSM, WAM |
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RELATING TO TORT LIABILITY. Repeals the sunset date and makes permanent the law shielding county lifeguards from liability with certain exceptions. Takes effect 1/1/2020. (SD1)
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PSM/JDL, WAM |
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RELATING TO PORTABLE ELECTRONICS INSURANCE. Amends the fees related to portable electronics insurance licenses to align with similar licensing fees in other jurisdictions.
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TEC/CPN, WAM |
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RELATING TO PUBLIC WORKS OF ART. Requires the comptroller and the state foundation on culture and the arts to commission permanent works of art to honor the late U.S. Senator Daniel K. Inouye and the late U.S. Representative Patsy T. Mink. Appropriates funds.
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TEC, WAM |
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RELATING TO INFORMATION SHARING. Requires departments and agencies to share information to improve government operations unless otherwise prohibited by law. Requires the chief information officer to oversee the sharing of the information. Appropriates funds. Effective 07/01/13
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TEC/EGH, WAM |
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RELATING TO PUBLIC ARCHIVES. Clarifies the duties of the State Archivist to enable the department of accounting and general services to address the management of the digital archives and protection of electronic records of enduring value and to establish the State Archives Preservation and Long-Term Access Special Fund. (SD1)
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TEC, WAM |
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RELATING TO WASHINGTON PLACE. Designates the Department of Accounting and General Services as the entity responsible for management and operations of Washington Place and establishes a trust fund for its operations.
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TEC, WAM |
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RELATING TO INFORMATION TECHNOLOGY. Authorizes the Chief Information to conduct or cause to be conducted security audits, which may include reviews of physical security practices, of all executive branch agencies regarding the protection of government databases and data communications and to direct remedial actions as necessary. (SD1)
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TEC, WAM |
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RELATING TO ECONOMIC DEVELOPMENT. Establishes the system‑wide, statewide academy for creative media to award certificates and degrees emphasizing narrative storytelling through a unique program in indigenous filmmaking. Makes an appropriation. (SD1)
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TEC/HRE, WAM |
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RELATING TO THE JAPANESE AMERICAN EXPERIENCE IN HAWAII. Appropriates a blank amount of funds for the planning, design, and construction of the Nisei Veterans Legacy Center and a Honouliuli Park Site Project Advisory Group. Appropriation is subject to matching funds. Allows the value of in-kind donations to be calculated in the matching amount, subject to verification by the director of finance. (SD1)
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TEC/WTL, WAM |
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RELATING TO STATEWIDE TRAFFIC CODE. Makes it a violation to drive a motor vehicle, trailer, or semi-trailer equipped with dangerous wheels. Defines dangerous wheels. (SD1)
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TIA, WAM |
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RELATING TO THE MEMBERSHIP OF A METROPOLITAN PLANNING ORGANIZATION. Updates the membership of the Oahu Metropolitan Planning Organization policy committee to comply with the Moving Ahead for Progress in the 21st Century Act, Public Law 112-141. (SD1)
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TIA, WAM |
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RELATING TO COUNTY SURCHARGE ON STATE TAX. Changes the State's automatic deduction of ten per cent of the gross proceeds of a county's surcharge on state tax to a deduction of six per cent to reimburse the State for costs associated with handling the assessments, collection, and disposition of the county surcharge on state tax. Allows the State by administrative rule to change the six per cent to an amount not exceeding ten per cent if the costs of assessment, collection, and disposition increase. Effective 7/1/2050. (SD1)
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TIA/PSM, WAM |
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RELATING TO UTILITY FRANCHISES. Allows the State Department of Transportation Highways Division to collect an equitable compensation from franchise utility companies for the use of the state right of way. (SD1)
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TIA, WAM |
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RELATING TO TRANSPORTATION. Repeals the Commission on Transportation in the Department of Transportation.
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TIA, WAM |
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RELATING TO TRANSPORTATION. Allows government agencies that assume maintenance of disputed roads to improve the condition of the disputed road without incurring liability. Specifies that if a county accepts by resolution the dedication of a road in limbo, the county shall not be liable for injury or damage sustained while using that road for ten years after acceptance of that road by resolution. Specifies that a county agency maintaining or repairing a road whose ownership is in dispute between the State and the county shall not be liable to any person for injury or damage sustained when using that road. Repeals December 31, 2023. (SD1)
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TIA/PSM/JDL, WAM |
Comments may be submitted as follows:
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 10MB in size, at http://www.capitol.hawaii.gov/submittestimony.aspx
In person: One copy of comments to the Committee Clerk, Room 208, State Capitol. Please mark as comments and indicate the measure, date and time of the hearing.
Please note: If you submit your written comments after 24 hours prior to the hearing, a copy of your comments may not be available during the hearing but will be posted online after the hearing.
FOR AMENDED NOTICES: Measures that have been deleted are stricken through and measures that have been added are underscored. If a measure is both underscored and stricken through, that measure has been deleted from the agenda.
If you require auxiliary aids or services to participate in the public hearing process (i.e. ASL or foreign language interpreter, or wheelchair accessibility), please contact the WAM clerk at least 24 hours prior to the hearing so that arrangements can be made.
FOR FURTHER INFORMATION, PLEASE CALL THE WAM CLERK AT (808) 586-6800.
This hearing will be on Twitter: https://twitter.com/HI_Senate_WAM.
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_____________________________________ Senator David Y. Ige Chair |
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