HOUSE OF REPRESENTATIVES

THE TWENTY-SIXTH LEGISLATURE

REGULAR SESSION OF 2012

 

COMMITTEE ON CONSUMER PROTECTION & COMMERCE

Rep. Robert N. Herkes, Chair

Rep. Ryan I. Yamane, Vice Chair

 

Rep. Tom Brower

Rep. Angus L.K. McKelvey

Rep. Rida T.R. Cabanilla

Rep. Joseph M. Souki

Rep. Mele Carroll

Rep. Clift Tsuji

Rep. Denny Coffman

Rep. Corinne W.L. Ching

Rep. Ken Ito

Rep. Barbara C. Marumoto

Rep. Gilbert S.C. Keith-Agaran

Rep. Cynthia Thielen

Rep. Sylvia Luke

 

 

COMMITTEE ON JUDICIARY

Rep. Gilbert S.C. Keith-Agaran, Chair

Rep. Karl Rhoads, Vice Chair

 

Rep. Tom Brower

Rep. Angus L.K. McKelvey

Rep. Rida T.R. Cabanilla

Rep. Joseph M. Souki

Rep. Mele Carroll

Rep. Clift Tsuji

Rep. Denny Coffman

Rep. George R. Fontaine

Rep. Robert N. Herkes

Rep. Barbara C. Marumoto

Rep. Ken Ito

Rep. Cynthia Thielen

Rep. Sylvia Luke

 

 

AMENDED NOTICE OF HEARING

 

DATE:

Wednesday, February 22, 2012

TIME:

2:00 pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A M E N D E D A G E N D A

 

 

HB2402 HD1 Related to recreational activities has been ADDED to the agenda.

HB1883 Relating to planned community associations has been DELETED from the agenda.

 

HB 2458

Status

RELATING TO CONVERSIONS BY NONPROFIT CORPORATIONS.

Repeals provisions regarding conversions by nonprofit corporations.

 

CPC/JUD

HB 2768

Status

RELATING TO REAL ESTATE BROKERS AND SALESPERSONS.

Clarifies the language regarding the licensing penalties of real estate brokers and salespersons. Allows the real estate commission to revoke, suspend, or fine any person holding a real estate license, registration, or certificate for negligently or intentionally making misrepresentations or false promises concerning any real estate transaction or negligently or intentionally failing to disclose certain information.

 

CPC/JUD

HB 2705

Status

RELATING TO NEGOTIABLE INSTRUMENTS.

Repeals UCC definition of "person entitled to enforce".

 

CPC/JUD

HB 2047

Status

RELATING TO INFORMATION PROTECTION.

By January 1, 2014, requires businesses to implement a comprehensive, written policy and procedure to prevent identity theft, and to designate an employee to be responsible for protecting personal information. Requires businesses to train all employees in the implementation of the policy and procedure.

 

CPC/JUD

HB 1957, HD1

(HSCR47-12)

Status

RELATING TO HEALTH CARE INFORMATION.

Clarifies that persons and entities governed by the Health Insurance Portability and Accountability Act (HIPAA), who use or disclose individually identifiable health information that is consistent with HIPAA regulations, shall be deemed to be in compliance with Hawaii's privacy laws and rules. (HB1957 HD1)

 

HLT, CPC/JUD

HB 2402, HD1

(HSCR566-12)

Status

RELATING TO RECREATIONAL ACTIVITIES.

Repeals the statutory requirement that a trier of fact determine whether or not a risk is inherent to a recreational activity when determining whether a commercial provider of recreational activity is liable for a person's injuries. Effective July 1, 2112. (HB2402 HD1)

 

ERB, CPC/JUD

HB 1969, HD1

(HSCR199-12)

Status

RELATING TO CONTRACTS.

Shortens the time by which subcontractors are to receive progress and final payments from contractors on government and private construction projects. Provides interest penalties for late payments. Effective July 1, 2112. (HB1969 HD1)

 

ERB, CPC/JUD

HB 2013, HD1

(HSCR200-12)

Status

RELATED TO MIXED MARTIAL ARTS.

Amends the definition of mixed martial arts to describe a full contact sport where the objective is to physically damage the opponent. Effective July 1, 2112. (HB2013 HD1)

 

ERB, CPC

HB 1876, HD1

(HSCR151-12)

Status

RELATING TO DENTAL HYGIENISTS.

Requires a dental hygienist license certificate and annual registration certificate to be displayed in the office in which the dental hygienist is employed or practices. (HB1876 HD1)

 

HLT, CPC

HB 1964, HD1

(HSCR422-12)

Status

RELATING TO HEALTH.

Limits out-of-pocket costs for cancer medications, including non-generic oral chemotherapy, under health insurance plans. (HB1964 HD1)

 

HLT, CPC

HB 1965

(HSCR74-12)

Status

RELATING TO CONTINUING EDUCATION FOR PHARMACISTS.

Clarifies the continuing education requirement for pharmacists.

 

HLT, CPC

HB 1966, HD1

(HSCR348-12)

Status

RELATING TO VACCINATIONS.

Allows pharmacists, per a physician's prescription, to administer the influenza vaccine to persons aged fourteen to seventeen; provided that the pharmacist fulfills certain training and reporting requirements. Effective July 1, 2050. (HB1966 HD1)

 

HLT, CPC

HB 1883

(HSCR384-12)

Status

RELATING TO PLANNED COMMUNITY ASSOCIATIONS.

Prevents community associations from charging more than ten per cent of the dues in arrears for community association late fees under certain circumstances.

 

HSG, CPC

HB 518, HD1

(HSCR434-12)

Status

RELATING TO ACCESS TO REAL PROPERTY.

Requires a seller to disclose in writing to a buyer the existence, if any, of legal or traditional public access that burdens the residential or agricultural real property being sold. Effective November 1, 2012. (HB518 HD1)

 

HSG, AGR, CPC

HCR 45

Status

REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF AIR CONDITIONING PIPEFITTERS, FIRE SPRINKLER TECHNICIANS, AND SOLAR TECHNICIANS.

 

CPC, LMG

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing with a transmittal cover indicating:

 

     Testifier's name with position/title and organization;

     The Committee the comments are directed to;

     The date and time of the hearing;

     Measure number; and

     The number of copies the Committee is requesting.

 

While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the hearing or improperly identified or directed to the incorrect office, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER: 2 copies (including an original) to Room 320 in the State Capitol;

FAX: For comments less than 5 pages in length, transmit to 586-8404 (for Oahu) or 1-800-535-3859 (for Neighbor Islanders without a computer to submit testimony through e-mail or the Web);

EMAIL: For comments less than 5 pages in length, transmit to CPCtestimony@Capitol.hawaii.gov ; or

WEB: For comments less than 10MB in size, transmit from http://www.capitol.hawaii.gov/submittestimony.aspx.

 

Testimony submitted will be placed on the Legislative Web site after the hearing adjourns. This public posting of testimony on the Web site should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6172 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements. Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live. Check the current legislative broadcast schedule on the "Capitol TV" Web site at www.capitoltv.org OR call 536-2100.

 

 

 

________________________________________

Rep. Gilbert Keith-Agaran

Chair

 

________________________________________

Rep. Robert N. Herkes

Chair