COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT AND COMMITTEE ON EDUCATION

Monday, February 9, 2004

1:00 p.m.

Conference Room 309; State Capitol

AGENDA:

HB 2329

RELATING TO EDUCATION.

Allows a teacher to exclude from the classroom any student who: (1) engages in conduct that violates the teacher's rules and policies, approved by the principal; and (2) assaults, threatens, abuses or intimidates a school employee or student. The student may be readmitted to the classroom if the principal determines the return is appropriate.

LAB/EDN, JUD

HB 2007

RELATING TO EDUCATION.

Requires the lowest salary of an educational officer to be not less than 120 percent of the highest salary of a teacher.

LAB/EDN, FIN

HB 1924

RELATING TO TEACHER COMPENSATION.

Requires teachers to receive their normal annual increment or longevity increase, as the case may be, for a year's satisfactory service in any fiscal year that an increase in the appropriate salary schedule is effected, except as provided by law.

LAB/EDN, FIN

HB 2134

RELATING TO CIVIL SERVICE.

Repeals the exemption from the civil service system for certain educational employees.

LAB/EDN, FIN

HB 2933

RELATING TO EDUCATION.

Requires the DOE to enter into a memorandum of agreement with the HGEA to change the employment schedule of full-time physical and occupational therapists from a 12-month to a 10-month schedule.

LAB/EDN, FIN

Decision making to follow.

 

 

COMMITTEE ON CONSUMER PROTECTION AND COMMERCE AND COMMITTEE ON JUDICIARY

Monday, February 9, 2004

2:00 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 2363

RELATING TO PUBLIC BENEFIT CORPORATIONS.

Provides the Attorney General with greater supervision on non-profit corporations that are organized for charitable, religious, or educational purposes. Provisions include: the authority of the AG to seek removal of a director of public benefit corporation for a breach of fiduciary duties; and requires notices to the AG of mergers, the sale of substantially all the assets of a public benefit corporation, and other proceedings.

CPC/JUD

HB 2364

RELATING TO SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES.

Clarifies provisions regarding professional solicitors and professional fundraising counsel who contract with charitable organizations to conduct fundraising campaigns. Transfers responsibility for the oversight of such persons from DCCA to the AG which has general oversight over charitable trusts and charitable organizations.

CPC/JUD, FIN

HB 2402

RELATING TO UNCLAIMED PROPERTY.

Repeals statutory provisions which provide for the permanent escheatment of unclaimed property to the State.

CPC/JUD, FIN

HB 2409

RELATING TO INSURANCE.

Expands the authority of the Insurance Division's Insurance Fraud Investigations Branch to prevent, investigate, and prosecute both civilly and criminally insurance fraud relating to all lines of insurance within the State.

CPC/JUD, LAB, FIN

HB 2411

RELATING TO INSURANCE.

Continues the updating and revision of the State's insurance laws.

CPC/JUD, FIN

HB 2428

RELATING TO REGISTRATION OF MONEY TRANSMITTERS.

Creates a new chapter in the Hawaii Revised Statutes to register and regulate persons providing money transmission services.

CPC/JUD, FIN

HB 2429

RELATING TO ESCROW DEPOSITORIES.

Amends and updates procedures for the licensing and regulation of escrow depositories by the Division of Financial Institutions.

CPC/JUD, FIN

HB 2433

(HSCR17-04)

RELATING TO BUSINESS REGISTRATION.

Sets forth comprehensive revisions to the State business registration statutory provision.

EDB, CPC/JUD, FIN

Decision making to follow.

 

COMMITTEE ON CONSUMER PROTECTION AND COMMERCE

Monday, February 9, 2004

3:00 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 1717

RELATING TO MOTOR VEHICLE INSURANCE.

Requires naturopathy to be included among the personal injury protection benefits provided in a motor vehicle insurance policy.

CPC, FIN

HB 2637

RELATING TO MANDATORY SELLER DISCLOSURES.

Requires disclosure of any release or waiver of liability for a construction defect.

CPC

HB 2137

RELATING TO A ONE CALL CENTER.

Adds a new part to Chapter 269, Hawaii Revised Statutes, establishing a one call center and board to provide advance warnings of excavations or other work close to existing subsurface installations to protect those installations from damage.

CPC, FIN

HB 2223

RELATING TO BOXING.

Amends the boxing commission laws. Broadens the definition of "club", replaces the secretary with an executive officer, modifies the composition of the boxing commission, modifies the appointment procedures for deputy commissioners, broadens the powers and duties of the commission, denies promoter's licenses to convicted gamblers, establishes requirements to hold a boxing contest, increases the required number of physicians at contests, prohibits commission members from receiving compensation from promoters, increases penalties to $5,000, and makes other changes.

CPC

HB 2569

RELATING TO NIIHAU SHELL PRODUCTS.

Prohibits items made of seashells from being labeled "Niihau" if not 100% made of Niihau shells and made within the State. Allows items made with at least         % but less than 100% of Niihau shells to be labeled as to percentage content.

CPC

HB 2762

RELATING TO CHARITABLE ANNUITIES.

Allows local charities to raise funds through the issuance of gift annuities by repealing the requirement that a nonprofit organization authorized to issue annuities have a net worth of $5,000,000, requiring such organizations to maintain a segregated reserve fund sufficient for the payment of annuities attributable to the fund that is otherwise inaccessible to the organization and creditors, and subjecting annuity financing and investments to regulation by the Insurance Commissioner.

CPC, FIN

HB 2052

HD1

(HSCR23-04)

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.

Clarifies that the accepting agency or authority for an environmental impact statement is not required to be the approving agency for the permit or approval. Requires an environmental assessment for proposed wastewater facilities, except individual wastewater systems, waste-to-energy facilities, landfills, oil refineries, and power-generating facilities.

EEP, CPC, FIN

HB 2434

(HSCR13-04)

RELATING TO APPLICATIONS SEEKING GENERAL RATE INCREASES FILED BY PUBLIC UTILITIES HAVING ANNUAL GROSS REVENUES OF LESS THAN $2,000,000.

Requires the PUC to: (1) develop a standard application form setting forth specific information needed to determine the reasonableness of a proposal; and (2) standardize financial accounting and reports of public utilities having annual gross revenues less than $2,000,000.

EDB, CPC, FIN

Decision making to follow.

 

COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT AND COMMITTEE ON HEALTH

Tuesday, February 10, 2004

8:30 a.m.

Conference Room 309; State Capitol

AGENDA:

Decision making only:

HB 2008

RELATING TO HEALTH.

Establishes a system of universal health care insurance in the State of Hawaii.

LAB/HLT, CPC, FIN

HB 2876

RELATING TO HEALTH CARE.

Establishes the State Health Authority to provide health care for all Hawaii citizens. Establishes the State Health Authority Commission to determine the costs of the Authority, and to determine a financing mechanism to carry out the purpose of the Authority. Repeals the State Health Planning and Development Agency and transfers its functions to the Authority. Repeals the Hawaii Employer-Union Health Benefits Trust Fund.

LAB/HLT, CPC, FIN

HB 2408

RELATING TO INSURANCE.

Allows health insurers to treat a trade association and its members as a single group for the purpose of issuing a health insurance policy, while allowing members of the trade association to opt out and obtain their own insurance. Prohibits the health insurer from requiring the association to offer only that insurer's plan.

LAB/HLT, CPC, FIN

HB 2571

RELATING TO INSURANCE.

Authorizes the formation of a purchasing pool for small employers to purchase health care insurance to meet the requirements of the prepaid health care law. Gives administrative duties to the insurance commissioner.

LAB/HLT, CPC, FIN

HB 2873

RELATING TO HEALTH SAVINGS ACCOUNTS.

Establishes a mechanism for individuals to open health savings accounts.

LAB/HLT, FIN

HB 2710

RELATING TO HEALTH CARE INSURANCE TAX CREDIT.

Grants tax credit to employers who provide health care coverage for part-time employees at the lesser of 50% of premiums paid or $     per part-time employee. Defines "part-time employee" and "health care coverage". Applies to taxable years beginning after 12/31/2004.

LAB/HLT, CPC, FIN

HB 2040

RELATING TO THE STATE VETERANS' HOME.

Requires Hawaii health systems corporation to contract with private entity to manage day-to-day opeation of the state veterans' home in Hilo.

HLT/LAB, PSM, FIN

COMMITTEE ON TOURISM AND CULTURE

Tuesday, February 10, 2004

8:30 a.m.

Conference Room 325; State Capitol

AGENDA:

HB 2186

RELATING TO THE FILIPINO CENTENNIAL CELEBRATION COMMISSION.

Appropriates funds to the Filipino Centennial Celebration Commission for the Filipino centennial celebration.

TAC, FIN

HB 2617

RELATING TO THE WAIKIKI NATATORIUM.

Authorizes issuance of GO bonds in order to complete the restoration of the Waikiki War Memorial Natatorium.

TAC, FIN

HB 1763

RELATING TO ECOTOURISM.

Establishes a statutory definition for ecotourism in section 201-91, Hawaii Revised Statutes.

TAC, FIN

HB 2630

RELATING TO MOTOR VEHICLE RENTAL INDUSTRY.

Removes the prohibitions on paying commissions on gasoline sales by U-drive companies.

TAC, CPC

HB 448

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Provides an exception to the transient accommodations tax for dinner parties and related events held at accommodations that would otherwise be liable under the transient accommodations tax law.

TAC, FIN

HB 2061

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Repeals the transient accommodations tax ("TAT") trust fund and the distribution of TAT revenues into the fund. Restores the TAT revenues deposited into the tourism special fund to 37.9 per cent. Removes the cap on deposits to the convention center enterprise special fund.

TAC, FIN

HB 2062

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Repeals the limit on deposits of transient accommodations tax revenues into the convention center enterprise special fund.

TAC, FIN

HB 2572

RELATING TO TOURISM AND ECONOMIC DEVELOPMENT.

Establishes the tourism diversification and economic development committee to review and prioritize existing tourism diversification and economic development initiatives and facilitate the implementation of initiatives deemed most promising.

TAC, FIN

HB 2594

RELATING TO TOURISM.

Establishes the Hawaii Tourism Marketing Group headed by a 13-member board with tourism and hotel experience to promote and market tourism in Hawaii. Repeals the Hawaii Tourism Authority.

TAC, FIN

Decision making to follow.

COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS

Tuesday, February 10, 2004

8:30 a.m.

Conference Room 312; State Capitol

AGENDA:

HB 2494

RELATING TO RECORDATION.

Deletes statutory recordation hours. Authorizes the registrar to set office hours for recordation within the Bureau Conveyances.

WLH, LAB/JUD, FIN

HB 2041

HD1

RELATING TO STATE PARKS.

Establishes the state parks repair and maintenance account which shall be used to eliminate the backlog of state parks repair and maintenance projects existing on 6/30/03. Establishes the state parks physical plant operations and maintenance account which shall be used for park repair and preventive maintenance projects existing after 6/30/04.

TAC, WLH, FIN

Decision making to follow.

 

COMMITTEE ON ENERGY AND ENVIRONMENTAL PROTECTION

Tuesday, February 10, 2004

9:00 a.m.

Conference Room 312; State Capitol

AGENDA:

HB 2960

RELATING TO RENEWABLE ENERGY TECHNOLOGIES INCOME TAX CREDIT.

Amends HRS 235-12.5 to provide that when tax credits for the installation of renewable energy technology systems exceed a taxpayer's income tax liability, the excess may be carried over and used as credit toward the taxpayer's liability in subsequent years, until the credit is exhausted.

EEP, FIN

HB 2969

RELATING TO SOLAR ENERGY DEVICES.

Allows for the installation of solar energy devices on any single-family residential dwelling or townhouse owned by an individual. Provides for limited restrictions.

EEP, CPC

HB 2925

RELATING TO REFUSE.

Removes the exemption for persons transporting their own property in the furtherance of a primary business purpose or enterprise from the motor carrier law; exempts private persons operating motor vehicles in the transportation of garbage or refuse, including yard clippings and old furniture to a dump or transfer station. Allows citizens to report any illegal dumping activity, and if, as a result of the report, the case ends with a conviction, the citizen receives 50% of the fines collected for that conviction. Requires solid waste haulers to maintain trip records.

EEP, JUD

HB 2924

RELATING TO CLEAN WATER.

Increases from $25,000 to $40,000 the fine for violating the water pollution law. Enacts provisions relating to muddy water. Allows citizen suits relating to water pollution.

EEP/WLH, JUD

Decision making to follow.

 

COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Tuesday, February 10, 2004

9:00 a.m.

Conference Room 309; State Capitol

AGENDA #1:

HB 2326

RELATING TO FAIRNESS IN COLLECTIVE BARGAINING.

Limits any arbitration award t no more than 1 1/2% across the board per fiscal year. The limitation does not apply to bargaining units (9), (11), (12) and any other unit with a membership consisting entirely of individuals that perform a law enforcement function.

LAB, FIN

HB 2328

RELATING TO BINDING ARBITRATION.

Revise factors that an arbitration panel must consider in public employee binding arbitration decisions. Specifically, the following new factors must be considered: (1) the impact of the additional potential costs if the cost item was applied to all other bargaining units; (2) the employer's ability to fund the cost item is based on applicable constitutional, statutory, and county ordinance provisions; and (3) a comparison of wages, hours conditions of employment and overall compensation of private sector employees in the State.

LAB, FIN

HB 2462

RELATING TO PUBLIC EMPLOYEES.

Eliminates temporary civil service membership.

LAB, FIN

HB 2467

RELATING TO SALARIES.

Adjusts the salaries of certain positions in the following departments or agencies: the Hawaii Labor Relations Board, the Stadium Authority, the House & Community Development Corporation of Hawaii, the PUC, the Office of Solid Waste Management, the Executive Office on Aging, the Hawaii Paroling Authority, the Office of Veterans' Services, the Labor & Industrial Relations Appeals Board, the Office of Community Services, and the Office of the State Public Defender.

LAB, FIN

HB 2741

RELATING TO EXECUTIVE DEPARTMENTS.

Establishes that deputy directors and special assistant positions of executive departments not specifically authorized by statute are subject to position justification requirements and legislative review.

LAB, FIN

Decision making to follow.

 

 

COMMITTEE ON HEALTH AND COMMITTEE ON EDUCATION

Tuesday, February 10, 2004

10:00 a.m.

Conference Room 329; State Capitol

AGENDA:

HB 1894

RELATING TO STUDENT HEALTH.

Establishes a school-based student health services program that promotes a comprehensive approach to healthy development of all students through a student health system that is integrated with and complements school and community programs and resources. Convenes a joint planning committee to develop and plan for the implementation of the program.

HLT/EDN, FIN

HB 2198

RELATING TO SCHOOL HEALTH.

Requires the DOE to permit the self-administration of medication by a student for asthma or other potentially life-threatening illnesses. Allows a student who is permitted to self-administer medication to carry an inhaler and auto-injectable epinephrine.

PENDING RE-REFERRAL TO HLT/EDN

Decision making to follow.

 

COMMITTEE ON HEALTH AND COMMITTEE ON HUMAN SERVICES AND HOUSING

Tuesday, February 10, 2004

10:30 a.m.

Conference Room 329; State Capitol

AGENDA:

HSH/HLT only:

HB 2201

RELATING TO CHILD PROTECTION.

Requires the service plan for protection of a minor to include family therapy or services to be provided to the member or members of the child's family who have contributed to abusive or assaultive incidents in the child's history.

HSH/HLT, FIN

HB 1901

RELATING TO CHILD PROTECTION.

Provides immunity from prosecution for leaving an unharmed newborn at a hospital, fire station or police station within 72 hours of birth. Provides immunity from liability for hospitals, fire stations, and police stations and their personnel for receiving a newborn.

HLT/HSH, JUD

Decision making to follow.

 

HLT only:

HB 1799

RELATING TO PUBLIC SCHOOL NUTRITION.

Requires food and drink items in public school vending machines to comply with the nutritional standards established by the board of education and provides minimum standards for food and drink items sold in vending machines.

HLT, EDN

HB 2366

RELATING TO TOBACCO.

Requires businesses engaged in the sale of cigarettes and other tobacco products at the retail level to acquire a retail tobacco permit from DOTAX. Provides criminal penalties for the retail sale of cigarettes or other tobacco products without a valid retail tobacco permit, and the seizure and forfeiture of cigarettes and other tobacco products sold, possessed, kept, acquired, distributed, or transported without a valid retail tobacco permit.

EDB/HLT, JUD, FIN

HB 1865

RELATING TO THE RESTORATION OF FULL FUNDING FOR HEALTHY HAWAII INITIATIVE FROM THE TOBACCO SETTLEMENT FUNDS AND APPROPRIATING FUNDS FOR HEALTHY START HAWAII.

Restores full funding for the healthy Hawaii initiative for FY2004-2005 from the tobacco settlement fund. Authorizes the appropriation of funds for healthy start Hawaii from general funds.

HLT, FIN

HB 1867

RELATING TO HEALTH.

Reinstates original allocation of funds to twenty five per cent to Hawaii tobacco prevention and control trust fund and reduces University of Hawaii allocation to 15 %.

HLT, FIN

HB 1874

RELATING TO THE HAWAII TOBACCO SETTLEMENT SPECIAL FUND.

Exempts the Hawaii tobacco settlement special fund from the assessment of central services and administrative expenses.

HLT, FIN

HB 1866

RELATING TO HEALTH.

Increases eligibility for the State Children's Health Insurance Program to 300% of the federal poverty level. Appropriates funds.

HLT, FIN

HB 2483

RELATING TO THE STATE ADVISORY COMMISSION ON DRUG ABUSE AND CONTROLLED SUBSTANCES.

Abolishes the Hawaii Advisory Commission on Drug Abuse And Controlled Substances.

HLT, LAB/JUD, FIN

HB 1899

RELATING TO ALCOHOL AND SUBSTANCE ABUSE.

Establishes an alcohol and substance abuse multi-agency coordinating council within the department of health to develop statewide policy regarding education, prevention, and treatment programs. Provides funding sources and mechanisms.

HLT, FIN

HB 2793

RELATING TO SUBSTANCE ABUSE.

Requires a court order that orders a person to a drug treatment program at a community treatment center to provide conditions whereby the center may appropriately modify the court-ordered treatment.

HLT, JUD

HB 1870

RELATING TO SUBSTANCE ABUSE.

Appropriates funds to the department of health to fund evidence-based substance abuse prevention programs.

HLT, FIN

HB 1872

RELATING TO SUBSTANCE ABUSE TREATMENT.

Appropriates funds to the alcohol and drug abuse division of DOH to expand their funding base to ensure that parents with children under the age of nineteen are allowed the option to participate in residential substance abuse treatment.

HLT, FIN

HB 1900

RELATING TO ALCOHOL AND DRUG DEPENDENCE BENEFITS.

Prohibits insurance policies from limiting treatment episodes for drug and alcohol dependence unless treatment is determined to be not medically necessary. Prohibits limitation of lifetime treatment episodes if treatment is determined to be medically necessary.

HLT, CPC

HB 1884

RELATING TO EMERGENCY SERVICES.

Appropriates $200,000 to DOH for a 24-hour Hawaii poison hotline.

HLT, FIN

HB 2198

RELATING TO SCHOOL HEALTH.

Requires the DOE to permit the self-administration of medication by a student for asthma or other potentially life-threatening illnesses. Allows a student who is permitted to self-administer medication to carry an inhaler and auto-injectable epinephrine.

HLT, EDN

Decision making to follow.