SENATE COMMITTEE ON ECONOMIC DEVELOPMENT AND SENATE COMMITTEE ON SCIENCE, ARTS, AND TECHNOLOGY AND HOUSE COMMITTEE ON TOURISM AND CULTURE

Thursday, February 5, 2004

1:15 p.m. 2:45 p.m.

Conference Room 229; State Capitol

AGENDA:

Recent informational briefings have focused on State initiatives in support of Hawaii's entertainment industry and the links to emerging technologies that offer new opportunities in both the creative and production areas. The purpose of this briefing is to focus on the private sector side of the film and music industries. Participants include:

As this is an informational briefing, NO PUBLIC TESTIMONY WILL BE ACCEPTED.

 

COMMITTEE ON LEGISLATIVE MANAGEMENT

Thursday, February 5, 2004

1:45 p.m.

Conference Room 423; State Capitol

AGENDA:

HB 1997

RELATING TO ADMINISTRATIVE RULES.

Provides for the review of administrative agency rules by the joint legislative management committee. Prohibits agencies from exceeding the scope of substantive statutory authority conferring the power to adopt rules.

LMG, FIN

HB 2267

RELATING TO ADMINISTRATIVE FINES UNDER THE STATE ETHICS CODE.

Authorizes the state ethics commission to impose administrative fines where not otherwise established by statute.

LMG, JUD

HB 2553

RELATING TO ADMINISTRATIVE PROCEDURE.

Amends and adds new sections to chapter 91, Hawaii Revised Statutes, to create a bicameral legislative commission to review and approve all administrative rules.

LMG, JUD, FIN

Decision making to follow.

 

COMMITTEE ON HIGHER EDUCATION

Thursday, February 5, 2004

2:00 p.m.

Conference Room 309; State Capitol

AGENDA:

 

HB 2547

RELATING TO THE UNIVERSITY OF HAWAII.

Grants limited oversight to the auditor over expenditures made from the University of Hawaii tuition and fees special fund for the University of Hawaii Foundation. Requires auditor to respect privacy of donors.

HED, FIN

HB 1941

RELATING TO UNIVERSITY OF HAWAII.

Establishes the center for school redesign as part of the college of education at the University of Hawaii at Manoa campus. Makes a $250,000 appropriation for the center.

HED, FIN

HB 2642

RELATING TO EDUCATION.

Repeals administrative rulemaking requirements for the Running Start program.

HED, FIN

HB 2286

RELATING TO THE HAWAII COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.

Appropriates $142,000 in state matching funds to the Hawaii commission for national and community service.

HED, FIN

HB 2033

RELATING TO BRIDGE TO HOPE.

Appropriates funds to the Bridge to Hope Program. Expands eligibility to include Temporary Assistance to Other Needy Families.

HED, FIN

HB 1723

MAKING AN APPROPRIATION TO THE UNIVERSITY OF HAWAII.

Appropriates funding to the college of tropical agriculture and human resources at the University of Hawaii for various programs.

HED, FIN

HB 1854

RELATING TO THE UNIVERSITY OF HAWAII.

Appropriates $750,000 for the UH School of Social Work to establish a distance-learning master of social work program.

HED, FIN

HB 1707

(HSCR2-04)

RELATING TO THE HAWAII MEDICAL EDUCATION SPECIAL FUND.

Places the Hawaii Medical Education Special Fund under the control of UH administration.

HLT, HED, FIN

HB 1853

RELATING TO THE UNIVERSITY OF HAWAII.

Appropriates CIP funds to construct a multi-purpose building at the Urban Garden Center.

HED, FIN

HB 1722

RELATING TO CAPITAL IMPROVEMENTS FOR THE UNIVERSITY OF HAWAII.

Appropriates funds for capital improvement projects for the college of tropical agriculture and human resources at the University of Hawaii.

HED, FIN

HB 2546

RELATING TO CAPITAL IMPROVEMENTS PERTAINING TO HIGHER EDUCATION.

Capital improvements pertaining to higher education.

HED, FIN

 

Decision making to follow.

 

Decision making only:

HB 891

RELATING TO THE UNIVERSITY OF HAWAII.

This is a short form bill for decision-making only. No testimony will be accepted.

HED

 

 

 

COMMITTEE ON JUDICIARY

Thursday, February 5, 2004

2:00 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 2300

RELATING TO THE JUDICIARY.

Provides the Judiciary supplemental budget for the 2003-2005 biennium.

JUD, FIN

HB 2301

RELATING TO APPELLATE JURISDICTION.

Amends appellate jurisdiction of the supreme court and the intermediate appellate court changing the supreme court's jurisdiction to appeals by writ of certiorari or transfer from the intermediate appellate court. Repeals criteria for assigning appeals. Requires most appeals to be filed with the intermediate appellate court instead of the supreme court.

JUD

HB 1751

RELATING TO THE JUDICIARY.

Gives supreme court one year and intermediate appellate court six months after it takes civil cases under consideration to dispose of the cases.

JUD, FIN

HB 2292

RELATING TO FEES FOR ELECTRONIC FILING, SIGNING, SERVING, CERTIFICATION, AND VERIFICATION OF COURT DOCUMENTS.

Requires that fees prescribed by supreme court rule for the electronic filing, signing, serving, certification, and verification of documents be deposited into the judiciary computer system special fund.

JUD, FIN

HB 2295

RELATING TO COLLECTIONS ON DELINQUENT COURT-ORDERED PAYMENTS.

Authorizes the judiciary to contract with a bonded collection agency to collect delinquent court-ordered payments; allows collection costs not to exceed 20% to be added to the amount due.

JUD, FIN

HB 2299

RELATING TO APPELLATE COURT COSTS.

Clarifies procedures and payment of costs and fees on an appeal from a court.

JUD

HB 1773

RELATING TO GARNISHMENT.

Authorizes an employer to retain an administrative fee of $2 from each payment delivered to plaintiff to satisfy the judgment.

JUD

HB 2296

RELATING TO THE USE OF CREDIT AND DEBIT CARDS.

Authorizes persons to use debit cards in making payments, including posting bail, to the courts. Authorizes the judiciary to charge a convenience fee for payments made through a credit or debit card.

JUD, FIN

HB 2298

RELATING TO DISQUALIFICATION OF JUDGES.

Requires a substantial pecuniary interest to disqualify judges; provides that mutual or common funds are not considered pecuniary interests; and provides that after full disclosure on the record, parties may waive disqualification due to pecuniary interest.

JUD

HB 1781

RELATING TO ATTORNEY'S LIENS.

Prevents the double taxation of income by providing an attorney a superior lien on judgments, decrees, orders, and awards entered in the client's favor.

JUD, FIN

HB 2297

RELATING TO GUARDIANSHIP AND PROTECTIVE PROCEEDINGS.

Replaces existing provisions in Probate Code relating to guardianship of the persons and property of minors and incapacitated persons with the Uniform Guardianship and Protective Proceedings Act.

JUD

HB 2293

RELATING TO INTERSTATE ADULT OFFENDER SUPERVISION.

Amends reference to interstate adult offender supervision from section 353-81 to chapter 353B, Hawaii Revised Statutes, relating to interstate compact for the supervision of adult offenders. Repeals part III of chapter 353, concerning interstate parole and probation compact.

JUD, FIN

 

HB 1765

RELATING TO GOVERNMENT BOARDS, COMMISSIONS, AND AGENCIES.

Provides for the expiration of the term of a member of a government board, commission, or any agency who failed to attend two consecutive meetings where the board was not able to constitute quorum because of the absence of the member.

JUD

Decision making to follow.

 

COMMITTEE ON CONSUMER PROTECTION AND COMMERCE AND COMMITTEE ON JUDICIARY

Thursday, February 5, 2004

3:30 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 1818

RELATING TO THE LANDLORD TENANT CODE.

Amends definition of "tenant" to include guests. Prohibits tenants from possessing, manufacturing, selling, or distributing dangerous or harmful drugs or drug paraphernalia. Authorizes landlord to rely upon notice or reports issued by law enforcement in termination proceedings.

CPC/JUD

HB 2723

RELATING TO CONSTRUCTION.

Requires a notice of claim process prior to any action against a construction professional and limit damages for any action claiming damages, indemnity, or contribution in connection with construction defects.

CPC/JUD

HB 2724

RELATING TO THE CONSTRUCTION INDUSTRY.

Requires claimant of construction defect to notify contractor and give contractor opportunity to repair the construction defect prior to litigation or arbitration.

CPC/JUD

HB 2725

RELATING TO CONSTRUCTION CLAIMS.

Allows contractors the opportunity to repair construction defects prior to litigation; outlines process to be followed before litigation is filed.

CPC/JUD

HB 1727

RELATING TO INSURANCE FRAUD.

Amends the insurance investigations and examinations law to provide immunity from civil liability for persons who provide information to prevent, investigate, or prosecute insurance fraud, except if acting with malice or committing perjury.

CPC/JUD

HB 2788

RELATING TO MORTGAGE BROKERS AND SOLICITORS.

Requires mortgage brokers to provide borrowers with a written summary of the borrower's rights and obligations not longer than one page in length and in 12-point font on consumer caution and home ownership counseling. Prohibits a continued course of misrepresentation that targets a particular type of borrower. Authorizes the department of commerce and consumer affairs to adopt rules regarding disclosures of a mortgage broker's marketing, commercial, and investment strategies. Increases penalties for violations of the laws. Raises the licensure bond from $15,000 to $50,000. Gives the commissioner adjudicatory powers.

CPC/JUD

Decision making to follow.

 

COMMITTEE ON CONSUMER PROTECTION AND COMMERCE

Thursday, February 5, 2004

4:00 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 2973

RELATING TO LICENSING OF MORTGAGE BROKERS AND SOLICITORS.

Requires mortgage brokers and solicitors to pass examinations for licensure. Strengthens enforcement mechanisms, including allowing the mortgage commissioner to condition the right of a license to use the license.

CPC, FIN

Decision making to follow.

 

 

COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Friday, February 6, 2004

8:30 a.m.

Conference Room 309; State Capitol

AGENDA:

HB 2215

RELATING TO PUBLIC EMPLOYMENT.

Clarifies that an employee who received a special retirement incentive benefit may be reemployed by the State without having to forfeit all benefits received if the employee's subsequent employment with the State is by contract-for-service for a period not to exceed one year in duration.

LAB, FIN

HB 2262

RELATING TO PENSION AND RETIREMENT SYSTEMS.

Provides that if a police officer who suffers from a service-connected disability continues public service in any position other than as a police officer, the member's retirement allowance shall be 2-1/2% of the member's average final compensation for each year of credited service as a police officer.

LAB, FIN

HB 2713

RELATING TO SOCIAL SECURITY FOR PUBLIC EMPLOYEES.

Extends additional social security benefits to employees of the State or any political subdivision.

LAB, FIN

HB 2909

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Authorizes the employees' retirement system to employ or retain attorneys independent of the attorney general to provide legal services for the employees' retirement system.

LAB, JUD, FIN

HB 2398

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Establishes the employer contributions to the Employees' Retirement System at 15.75 percent of the member's compensation for police and firefighters and 13.75 percent of the member's compensation for all other employees beginning in FY 2005-2006. Eliminates the separate computation of contributions for the Early Incentive Retirement Plan and includes in the total contributions computed as a stated percentage of compensation payment for the remaining amounts due for the Plan as of June 30, 2005.

LAB, FIN

HB 2403

RELATING TO THE FEDERAL TAX LIMIT ON COMPENSATION APPLICABLE TO THE EMPLOYEES' RETIREMENT SYSTEM.

Applies the federal tax limits on pension compensation effective 7/1/96, and adds a non-tax-qualified arrangement to protect benefits accrued in excess of the federal tax limits for the period 7/1/96, through 6/30/04. Appropriates $357,350 to pay the non-tax-qualified benefits.

LAB, FIN

HB 2404

RELATING TO FEDERAL TAX QUALIFICATION OF THE EMPLOYEES' RETIREMENT SYSTEM.

Incorporates some of the required provisions into chapter 88 and authorizes the Board of Trustees to adopt as rules the remainder of the required provisions that are not presently part of chapter 88 or the rules of the ERS.

LAB, FIN

Decision making to follow.

 

 

COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Friday, February 6, 2004

9:30 a.m or at the conclusion of public hearing

Conference Room 309; State Capitol

AGENDA:

Decision making only:

HB 1778

RELATING TO WAGES.

Authorizes an employer to furnish to an employee an electronic record of an employee's total gross compensation, the amount and purpose of each deduction, total net compensation, date of payment, and pay period covered, in lieu of a printed, typewritten, or handwritten record, upon receipt of authorization from the employee.

LAB, FIN

HB 1779

RELATING TO FAMILY LEAVE.

Authorizes a permanent full-time public employee who is exempt from chapters 76 and 89 but not an "excluded employee" as defined in section 89C-1.5, HRS to use more than 10 days per calendar year of sick leave for family leave purposes if so authorized by a valid employment policy.

LAB, FIN

HB 2090

RELATING TO EMPLOYEES.

Directs DLIR to adopt rules to clarify the definition of "eligible employee" for purposes of the prepaid health care law, as an employee who works 80 or more hours in a consecutive 4-week period, regardless of the number of hours worked in any one week of that period.

LAB, FIN

COMMITTEE ON TOURISM AND CULTURE

Friday, February 6, 2004

8:30 a.m.

Conference Room 325; State Capitol

AGENDA:

HB 2888

RELATING TO CRIME.

Classifies crimes against tourists as hate crimes.

TAC, PSM, JUD

HB 2861

RELATING TO MARINE LIFE CONSERVATION DISTRICTS.

Allows the prohibition of commercial activities in the marine life conservation districts only if there is a showing of extreme hardship or unreasonable threat to the area.

TAC, WLH

HB 2781

RELATING TO INFORMATION PRACTICES.

Exempts the Hawaii convention center from the freedom of information law for the Hawaii convention center if compliance would result in a license agreement not being executed by a licensee requesting nondisclosure.

TAC, JUD

HB 2243

RELATING TO COUNTY TAXES.

Amends authority of counties to enact a county general excise tax by removing the mandated percentage. Adjusts transient accommodations tax revenue allocation for counties that enact a county general excise tax.

TAC, JUD, FIN

HB 2610

RELATING TO FILM INDUSTRY.

Increases the motion picture and television production tax credit up to 8 percent for costs incurred on counties with a population over 700,000, and up to 10 percent for costs incurred on counties with a population of 700,000 or less; includes commercials; requires the Hawaii television and film development board to review tax incentives for the purchase, utilization, and sale of television and motion picture production equipment in the State.

TAC, FIN

HB 2395

RELATING TO TAX CREDITS FOR FILM AND PERFORMING ARTS.

Expands Hawaii's current tax incentive package for motion picture and film production, and includes a refundable production tax credit.

TAC, EDB, FIN

HB 2863

RELATING TO THE HAWAII TOURISM AUTHORITY.

Clarifies language in the Hawaii tourism authority law relating to the tourism marketing plan and techno-tourism.

TAC

HB 2809

RELATING TO THE HOTEL PROJECT TAX CREDIT.

Provides a qualified hotel project tax credit for qualified costs relating to the plans, design, construction, and equipment needed to construct, alter, renovate or modify a hotel project.

TAC, FIN

HB 2862

RELATING TO HOTEL CONSTRUCTION AND REMODELING TAX CREDIT.

Extends the hotel construction and remodeling tax credit for 3 years at 8% of the construction or renovation costs; and for 4 years at 4%; and repeals the tax credit in its entirety as of 7/1/2010.

TAC, FIN

HB 1846

RELATING TO WAIKIKI RESORT FACILITY TAX CREDIT.

Provides a tax credit for new resort facilities in Waikiki and renovations to existing resort facilities to correct a county building code violation that was previously waived by the county.

TAC, FIN

HB 1847

RELATING TO WAIKIKI SPECIAL DISTRICT TAX CREDIT.

Provides a tax credit for resort facilities in Waikiki that comply with the provisions of the Waikiki Special District.

TAC, FIN

Decision making to follow.

 

COMMITTEE ON HUMAN SERVICES AND HOUSING AND COMMITTEE ON HEALTH

Friday, February 6, 2004

9:00 a.m.

Conference Room 329; State Capitol

AGENDA:

HSH only:

HB 2181

RELATING TO HOUSING FINANCING PROGRAMS.

Removes limit on amount of bonds authorized to be issued if bonds are issued in connection with any program to provide housing for active or retired United States military personnel, their families and other persons authorized to reside in such housing.

HSH, FIN

HB 2449

RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

Authorizes the Housing and Community Development Corporation of Hawaii to evict tenants in violation of their rental agreement through a judicial process.

HSH, JUD

HB 2450

RELATING TO CRIMINAL TRESPASS IN THE SECOND DEGREE.

Makes criminal trespass in the second degree applicable to public housing projects administered by the Housing and Community Development Corporation of Hawaii.

HSH, JUD

HB 2451

RELATING TO THE HOUSING LOAN AND MORTGAGE PROGRAMS.

Increases the bond authorization amount under the Hula Mae Multi-Family Housing Program from $200,000,000 to $300,000,000 to facilitate the development or rehabilitation of affordable rental housing projects.

HSH, FIN

HB 2452

RELATING TO FORECLOSURES OF GOVERNMENT-ASSISTED PROPERTIES.

Allows state and county housing agencies, to collect the value of its shared appreciation equity excess proceeds in lieu of buyback, or deferred sales price lien when an affordable housing property is publicly sold through a non-judicial foreclosure.

HSH, JUD, FIN

HB 2453

RELATING TO THE RENTAL HOUSING TRUST FUND ADVISORY COMMISSION.

Eliminates the Rental Housing Trust Fund Advisory Commission.

HSH, FIN

HB 1902

RELATING TO CHILDREN'S PRODUCT SAFETY.

Prohibits the use of unsafe children's products. Prohibits child care facilities from using or having on the facility premises unsafe children's products.

HSH, CPC, JUD

HB 2503

RELATING TO CHILD ABUSE.

Clarifies that Department of Public Safety deputy sheriffs and narcotics enforcement officers, and Department of the Attorney General investigators are required to report child abuse cases. Allows these employees to take a child victim into protective custody.

HSH, PSM, JUD

HB 2456

RELATING TO BACKGROUND CHECKS FOR PROVIDERS OF HOME AND COMMUNITY-BASED SERVICES.

Requires the Department of Human Services to establish standards, which shall include criminal history record, Adult Protective Service (APS) and Child Protective Service (CPS) checks, to ensure the reputable and responsible character of service providers who have direct contact with individuals receiving services.

HSH, JUD, FIN

HB 2601

RELATING TO PROTECTION OF CHILDREN IN DOMESTIC VIOLENCE.

Enacts a new chapter for the enhanced protection of children of domestic violence; makes appropriations.

HSH, JUD, FIN

Decision making to follow.

     
     

HSH/HLT only:

HB 2161

RELATING TO PRESCRIPTION DRUG REFUNDABLE TAX CREDITS.

Establishes a refundable income tax credit of 10% of the cost of prescription drugs for residents whose income is 200% of the federal poverty level or less.

HSH/HLT, CPC, FIN

     

HB 2455

RELATING TO HOME AND COMMUNITY-BASED SERVICES.

Extends the statutory authority for the licensing of home and community-based case management agencies and the certification of community care foster family homes. Makes the Department of Human Services or its designee, responsible for certifying any community care foster family homes. Requires adult protective services perpetrator checks as a requirement for certification.

HSH/HLT, JUD, FIN

HB 2542

RELATING TO ADULT RESIDENTIAL CARE HOMES.

Changes level of care payments for types I and II adult residential care homes from a maximum of $521.90 and $629.90, respectively, to unspecified amounts. Appropriates $       in FY 2004-2005 to the DHS for level of care payments for ARCHs.

HSH/HLT, CPC, FIN

HB 2606

RELATING TO THE TOBACCO SETTLEMENT MONEYS.

Mandates use of tobacco settlement moneys only for health promotion and disease prevention programs. Repeals transfer of moneys into (1) emergency and budget reserve fund, (2) university revenue undertakings fund; and (3) to DHS for children's health insurance program.

HLT/HSH, HED, FIN

HB 2510

RELATING TO A LONG-TERM CARE TAX CREDIT.

Provides a refundable net income tax credit to individuals purchasing long-term care insurance.

HLT/HSH, CPC, FIN

Decision making to follow.

 

Decision making only:

HB 1716

RELATING TO LONG-TERM INSURANCE TAX CREDIT FOR SMALL BUSINESS.

Grants tax credit to small businesses at the lesser of 50% of premiums or $500 per employee for purchase of long-term care insurance for its employees. Defines small business as businesses employing less than 100 full-time or part-time workers

HLT/HSH, EDB, FIN

HB 2135

RELATING TO ELDERLY HOUSING.

Amends the Hawaii Revised Statutes relating to elderly housing.

HSH

 

SENATE COMMITTEE ON JUDICIARY AND HAWAIIAN AFFAIRS AND HOUSE COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS

Friday, February 6, 2004

9:30 a.m.

Conference Room 229; State Capitol

AGENDA:

Supplemental budget requests for 2004-2005.

Department of Hawaiian Home Lands

Planning, Development, Management and General Support for

Hawaiian Homesteads HHL602