HOUSE OF REPRESENTATIVES

THE TWENTY-EIGHTH LEGISLATURE

REGULAR SESSION OF 20152015

 

COMMITTEE ON CONSUMER PROTECTION & COMMERCE

Rep. Angus L.K. McKelvey, Chair

Rep. Justin H. Woodson, Vice Chair

 

Rep. Della Au Belatti

Rep. Mark M. Nakashima

Rep. Tom Brower

Rep. Marcus R. Oshiro

Rep. Richard P. Creagan

Rep. Joy A. San Buenaventura

Rep. Sharon E. Har

Rep. Gregg Takayama

Rep. Mark J. Hashem

Rep. Ryan I. Yamane

Rep. Derek S.K. Kawakami

Rep. Beth Fukumoto Chang

Rep. Chris Lee

Rep. Bob McDermott

 

AMENDED NOTICE OF HEARING

 

DATE:

Wednesday, February 11, 2015

TIME:

2:30pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

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

 

The following measure(s) has been DELETED from the agenda: HB1215, HB709

 

HB 1384

Status

RELATING TO ENERGY.

Establishes a one-quarter mile buffer zone between wind turbines and any residential, school, hospital, or business property line.

 

CPC, FIN

HB 1000

(HSCR12)

Status

RELATING TO FRANCHISES.

Voids franchise provisions that restrict the resolution of claims arising under or relating to a franchise in this State to a foreign forum.

 

EDB, CPC, JUD

HB 1012

Status

RELATING TO EXHIBITION OF WILD OR EXOTIC ANIMALS.

Establishes the offense of Unlawful Display or Performance of a Wild or Exotic Animal to prohibit the display or performance of a wild or exotic animal for commercial purposes. Provides an exception for such animals that have been in the State for more than 300 days prior to the display or performance.

 

CPC, JUD

HB 571, HD1

(HSCR29)

Status

RELATING TO CONDOMINIUM CONVERSIONS.

Requires a condominium hotel developer's public report to disclose past years' general excise taxes and transient accommodations taxes for converted condominium hotels. Requires that each condominium hotel operator file an annual report with the real estate commission. (HB571 HD1)

 

TOU, CPC, FIN

HB 713, HD1

(HSCR44)

Status

RELATING TO CONTRACTORS.

Allows the Department of Labor and Industrial Relations to train and deputize volunteer investigators investigating public work projects. Requires the Department of Labor and Industrial Relations to submit reports. Appropriates moneys. (HB713 HD1)

 

LAB, CPC, FIN

HB 714

Status

RELATING TO CONTRACTORS.

Prohibits general engineering contractors and general building contractors from performing incidental or supplemental work. Requires general engineering contractors and general building contractors to engage an appropriate specialty contractor to perform incidental work. Defines incidental work.

 

CPC, JUD

HB 550

Status

RELATING TO PROCUREMENT.

Prohibits bid shopping and bid peddling for the competitive sealed bidding process. Repeals the subcontractor listing requirement for construction bids made under the competitive sealed bidding process.

 

CPC, FIN

HB 1232

Status

RELATING TO CONTRACTORS.

Requires a contractor to pay a subcontractor within 10 days after receipt of an invoice by the subcontractor that includes any supporting documents pursuant to the subcontract terms.

 

CPC, FIN

HB 1126

Status

RELATING TO PROCUREMENT.

Requires the state procurement office to establish a database of all government procurement contracts, accessible to each governmental body. Appropriates funds to establish the database.

 

CPC, FIN

HB 1028

Status

RELATING TO PROCUREMENT.

Provides for the establishment of a special innovative procurement process for the procurement of supplies, services, professional services, or construction. Requires the establishment of procedures by the procurement policy board for use of the special innovative procurement process.

 

EDB, CPC, FIN

HB 1127

Status

RELATING TO PROCUREMENT.

Requires every government procurement officer to attend initial training by the state procurement office and regular follow-up training as determined by the state procurement office.

 

CPC, FIN

HB 1219

Status

RELATING TO CONSUMER PROTECTION.

Prohibits agreements for purchase of periodic delivery of merchandise, services, or internet access from including an introductory free trial period unless the agreement includes an explicit affirmative consent from the purchaser for automatic renewal, continuous delivery, or service beyond the last date of the free trial period.

 

CPC, JUD

HB 1422

Status

RELATING TO SERVICE CONTRACTS.

Applies the law on service contracts to include extended warranties. Requires providers to disclose to contract holders submitting a claim for the first time under an extended warranty that if the service is charged to the extended warranty the contract holder will no longer be entitled to a full refund.

 

CPC, JUD

HB 1215

Status

RELATING TO FIDUCIARY ACCESS TO DIGITAL ASSETS.

Gives various types of fiduciaries access to the digital assets of the principal.

 

CPC, JUD

HB 927

(HSCR3)

Status

RELATING TO ON-BILL PROGRAMS.

Exempts electric utilities acting as billing and collections agents for an on-bill program from various State taxes and State laws regulating financial institutions, escrow depositories, or collection agencies.

 

EEP, CPC, FIN

HB 145

Status

RELATING TO TAXATION.

Amends the excise tax rate on the sale of large cigars beginning on 7/1/2015 to the lesser of 50 cents for each large cigar or 50 per cent of the wholesale price of each large cigar.

 

CPC, FIN

HB 1284

Status

RELATING TO THE INSURANCE HOLDING COMPANY SYSTEM.

Makes certain clarifying amendments to article 11 of the State insurance code, relating to the insurance holding company system. Takes effect on 1/1/2016.

 

CPC, JUD

HB 18, HD1

(HSCR22)

Status

RELATING TO LONG-TERM CARE.

Provides tax credits to resident taxpayers for long-term care insurance premiums. (HB18 HD1)

 

HUS, CPC, FIN

HB 467, HD1

(HSCR16)

Status

RELATING TO HEALTH.

Requires birthing facilities to perform a pulse oximetry test or other medically accepted screening on newborns to screen for critical congenital heart defects. Requires birthing facilities to report certain critical congenital heart defect screening data to the Department of Health. (HB467 HD1)

 

HLT, CPC, FIN

HB 538, HD1

(HSCR15)

Status

RELATING TO DOMESTIC VIOLENCE.

Requires telecommunications carriers to release individuals from shared or family wireless plans, without charge, upon written request and due to documented instances of domestic violence.

 

HUS, CPC, JUD

HB 1096

Status

RELATING TO THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT.

Authorizes mortgage loan originator companies to post, at the company's principal place of business and each branch office, language specifying that members of the public are seen by appointment during posted business hours.

 

CPC, FIN

HB 371

Status

RELATING TO FORECLOSURES.

Prohibits a mortgage creditor from executing on any asset of the debtor beyond the asset that is secured by the mortgage.

 

CPC, JUD

HB 1098

Status

RELATING TO THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT.

Raises the target balance for the mortgage loan recovery fund. Requires the commissioner of financial institutions to cease collections of mortgage loan recovery fund fees from license renewals once the target balance is reached, and adjust and recommence collection of the fees when the fund balance falls below a certain threshold.

 

CPC, FIN

HB 1097

Status

RELATING TO THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT.

Amends the definition of "sole proprietorship" for individual mortgage loan originators subject to the Secure and Fair Enforcement for Mortgage Licensing Act to repeal the qualifier that there be no legal distinction between the individual mortgage loan originator business owner and the business.

 

CPC, JUD

HB 737, HD1

(HSCR55)

Status

RELATING TO PROPERTY INSURANCE.

Authorizes the Hawaii Property Insurance Association to spend funds in the Hawaii Hurricane Relief Fund to pay for extraordinary losses caused by the flow of lava or other volcanic activity. (HB737 HD1)

 

PBS, CPC, FIN

HB 399

Status

RELATING TO MEASUREMENTS.

Requires public signs expressing measurements of speed and distance to be expressed in both the United States customary system of weights and measures and the metric system.

 

CPC, FIN

HB 1390

Status

RELATING TO MASSAGE.

Establishes licensure requirement for massage therapist assistants. Amends certain provisions relating to the Board of Massage Therapy. Amends certain provisions relating to the licensure, certification, and registration for the practice of massage.

 

CPC, FIN

HB 53

Status

RELATING TO PUBLIC PROCUREMENT.

Expands the procurement exemption to non-public utility contracts for utilities services.

 

CPC, FIN

HB 1017

Status

RELATING TO SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT.

Restores the exemptions from the Secure and Fair Enforcement for Mortgage Licensing Act for individuals who offer or negotiate the terms of a residential mortgage loan with or on behalf of an immediate family member or for the individual's own residence.

 

CPC, FIN

HB 709

Status

RELATING TO PRIVATE DETECTIVES AND GUARDS.

Requires that of the two persons on the Board of Detectives and Guards who are actively engaged in any of the licensed practices, one shall be a public employee.

 

CPC, JUD

 

 

 

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony no later than 24 hours prior to the hearing. Persons submitting testimony on the day of the hearing MUST submit 22 copies at the hearing. Staff will not be able to make copies. Testimony should indicate:

     Testifier's name with position/title and organization;

     The Committee(s) to which the comments are directed;

     The date and time of the hearing; and

     Measure number.

 

While every effort will be made to incorporate all testimony received, materials received on the day of the hearing or improperly identified or directed, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER: 22 copies (including an original) to Room 304 in the State Capitol;

FAX: For testimony less than 5 pages in length, transmit to 808-586-6211 (Oahu) or 1-800-535-3859 (for Neighbor Islander without a computer to submit testimony through e-mail or the Web); or cpctestimony@capitol.hawaii.gov

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

 

Testimony submitted will be placed on the legislative website. This public posting of testimony on the website 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 586-6266 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" website at www.capitoltv.org or call 536-2100.

 

 

 

 

________________________________________

Rep. Angus L.K. McKelvey

Chair