HOUSE OF REPRESENTATIVES

THE TWENTY-NINTH LEGISLATURE

REGULAR SESSION OF 2018

 

COMMITTEE ON CONSUMER PROTECTION & COMMERCE

Rep. Roy M. Takumi, Chair

Rep. Linda Ichiyama, Vice Chair

 

Rep. Henry J.C. Aquino

Rep. Calvin K.Y. Say

Rep. Ken Ito

Rep. James Kunane Tokioka

Rep. Aaron Ling Johanson

Rep. Ryan I. Yamane

Rep. Matthew S. LoPresti

Rep. Bob McDermott

Rep. John M. Mizuno

 

 

NOTICE OF HEARING

 

DATE:

Tuesday, March 20, 2018

TIME:

2:00 P.M.

PLACE:

Conference Room 329

State Capitol

415 South Beretania Street

 

A G E N D A

 

SB 2199, SD1, HD1

(HSCR1146-18)

Status

RELATING TO INSURANCE.

Authorizes the State to apply for and implement a waiver from certain provisions of the Patient Protection and Affordable Care Act of 2010, as amended. (SB2199 HD1)

 

HHS, CPC, FIN

SB 2298, SD2, HD1

(HSCR1203-18)

Status

RELATING TO HEALTHCARE PRECEPTOR TAX CREDITS.

Allows advanced practice registered nurses, physicians, dentists, psychologists, pharmacists, and social workers to receive tax credits for acting as preceptors in volunteer-based supervised clinical training rotations provided to eligible students that enable the students to obtain an eligible healthcare professional degree or certificate. Establishes the Preceptor Credit Assurance Committee to issue certificates to volunteer preceptors upon verifying that the volunteer preceptors meet the requirements of the tax credit. (SB2298 HD1)

 

HHS, CPC, FIN

SB 2304, SD2, HD1

(HSCR1208-18)

Status

RELATING TO TOBACCO.

Prohibits the issuance and renewal beyond 11/30/2019, of retail tobacco permits for businesses that are located within 500 feet of a preschool, school, or certain public playgrounds. Beginning on 12/1/2019, prohibits the sale of tobacco products and electronic smoking devices by businesses that are located within 500 feet of a preschool, school, or certain public playgrounds. Deems persons and entities in violation to have knowingly and recklessly failed to obtain a valid permit. Effective 7/1/2050. (SB2304 HD1)

 

HHS, CPC, JUD

SB 2340, SD2, HD1

(HSCR1177-18)

Status

RELATING TO HEALTH INSURANCE.

Ensures certain benefits under the federal Affordable Care Act are preserved under Hawaii law, including: extending dependent coverage for adult children up to 26 years of age; prohibiting health insurance entities from imposing a preexisting condition exclusion; and prohibiting health insurance entities from using an individual's gender to determine premiums or contributions. Clarifies that benefits extended by this measure do not apply to limited benefit health insurance. Effective 7/1/2050. (SB2340 HD1)

 

HHS, CPC, FIN

SB 2476, SD2

(HSCR1194-18)

Status

RELATING TO MOTOR VEHICLE INSPECTIONS.

Requires the department of transportation to adopt rules for motor vehicle inspection safety checks. Effective 7/1/2050. (SD2)

 

TRN, CPC, FIN

SB 2487, HD1

(HSCR1149-18)

Status

RELATING TO HEALTH.

Amends the definition of "quality assurance committee" to include committees established by long-term care facilities, skilled nursing facilities, assisted living facilities, home care agencies, hospices, and authorized state agencies. Allows for the creation of a quality assurance committee outside of a single health plan or hospital. (SB2487 HD1)

 

HHS, CPC, FIN

SB 2490, SD1, HD1

(HSCR1195-18)

Status

RELATING TO THE MOTOR VEHICLE INDUSTRY LICENSING ACT.

Specifies certain recall reimbursement or repair requirements for manufacturers where a stop-sale order has been issued. Authorizes a license holder to engage in business at motor vehicle dealer locations that are affiliated by common ownership under the same license. Clarifies when certain manufacturers' or distributors' sales or service performance standards shall be deemed unreasonable, arbitrary, or unfair. Prohibits a manufacturer or distributor from requiring a dealer to perform certain construction or renovations to the dealer's facilities; purchase items for a dealership facility in certain circumstances; or provide certain customer and proprietary data; unless certain conditions are met. (SB2490 HD1)

 

TRN, CPC, FIN

SB 2494, SD2, HD1

(HSCR1164-18)

Status

RELATING TO ELEVATOR MECHANICS.

Updates requirements for apprenticeship and licensure of elevator mechanics, including examination, license renewal, continuing education, scope of work, exemptions, remote interaction, and qualifications for licensure. Clarifies powers and duties of the Elevator Mechanics Licensing Board and requirements for temporary permits. (SB2494 HD1)

 

LAB, CPC, FIN

SB 2654, SD2, HD1

(HSCR1206-18)

Status

RELATING TO CHAPTER 245, HAWAII REVISED STATUTES.

Prohibits the shipment of tobacco products, and the transport of tobacco products ordered or purchased through a remote sale, to anyone other than a licensee. Makes all provisions of the cigarette tax and tobacco tax law that relate to tobacco products applicable to e-liquid. Increases the license fee for wholesalers or dealers and the retail tobacco permit fee. Amends the taxes on cigarettes and tobacco products. Increases the excise tax for each cigarette or little cigar sold, used, or possessed by a wholesaler or dealer. Increases the excise tax on the wholesale price of each article or item of tobacco products, other than large cigars, sold by the wholesaler or dealer. (SB2654 HD1)

 

HHS, CPC, FIN

SB 2711, SD1, HD1

(HSCR1156-18)

Status

RELATING TO INTOXICATING LIQUOR.

Amends conditions and requirements for sale of liquor by class 14 brewpub and class 18 small craft producer pub licensees. Permits sale at multiple locations statewide. Increases maximum production ceiling for class 18 licensees. Allows direct shipping of all forms of liquor, rather than just wine, by certain licensees. (SB2711 HD1)

 

EDB, CPC, FIN

SB 2773, SD2, HD1

(HSCR1186-18)

Status

RELATING TO THIRD PARTY ADMINISTRATORS.

Specifies the qualifications and procedures for the licensing and regulation of third party administrators, with the aim of encouraging the disclosure of contracts between insurers and administrators and promoting financial responsibility of administrators. (SB2773 HD1)

 

IAC, CPC, FIN

SB 2945

(SSCR2556)

Status

RELATING TO LIQUOR.

Eliminates the requirement that the applicant for a liquor license or a renewal of a license, or in the case of a transfer of a license, both the transferor and the transferee produce either a tax clearance certificate from the Internal Revenue Service or proof of entering into an installment plan agreement with the Internal Revenue Service.

 

CPC, FIN

SB 3064, SD1

(SSCR2647)

Status

RELATING TO UTILITY POLES.

Requests immediate, favorable action by the public utilities commission once applications for new joint pole agreements have been submitted. Requires a report from the public utilities commission once the new joint pole agreements have been approved. Requires progress reports to the legislature regarding the removal and replacement of double poles. (SD1)

 

CPC, FIN

SB 3082, SD1, HD1

(HSCR1187-18)

Status

RELATING TO VIRTUAL CURRENCY.

Adopts the Uniform Regulation of Virtual Currency Businesses Act and codifies the Act. Amends the Money Transmitters Act to expressly apply to persons engaged in the transmission of virtual currency. Requires a licensee dealing with virtual currency to provide a warning to a consumer prior to entering into an agreement with the consumer. (SB3082 HD1)

 

IAC, CPC, FIN

 

 

 

 

The following measure(s) were previously heard on Wednesday, March 14 at 2:00 P.M. No public testimony will be accepted.

 

SB 208, SD2

(SSCR2598)

Status

RELATING TO UNCLAIMED LIFE INSURANCE BENEFITS.

Adopts the National Conference of Insurance Legislators' Model Unclaimed Life Insurance Benefits Act, which requires life insurers to conduct database searches using the federal Social Security Administration's death master file or similar database to determine whether an insured has died. Requires life insurers to use good faith efforts to locate any beneficiaries to a policy, contract, or retained asset account. Authorizes the insurance commissioner to use discretion to limit, exempt, or phase-in compliance with requirements under certain circumstances. Effective 1/1/2019. (SD2)

 

CPC, FIN

SB 2060, SD2

(SSCR2766)

Status

RELATING TO CONDOMINIUMS.

Expands the scope of the condominium education trust fund to cover voluntary binding arbitration between interested parties. Amends the conditions that mandate mediation and exceptions to mandatory mediation. Makes conforming amendments. Effective 7/1/2050. (SD2)

 

CPC, FIN

SB 2770, SD1

(SSCR2535)

Status

RELATING TO HEALTH CLUBS.

Requires health clubs to maintain a surety bond of at least $100,000 to be paid to any member who suffers loss of money paid due to the insolvency or cessation of operation of a health club. Effective 1/1/2019. (SD1)

 

CPC, FIN

SB 2938, SD1

(SSCR2531)

Status

RELATING TO INSURANCE REGULATORY VARIANCE.

Permits the insurance commissioner to approve applications for no action letters, waivers, or variances with respect to specific requirements of the insurance code or its rules when certain conditions are met. (SD1)

 

CPC, FIN

 

 

 

 

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing. 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: 5 copies (including an original) to Room 327 in the State Capitol;

FAX: For testimony less than 5 pages in length, transmit to 808-586-6221 (Oahu) or 1-800-535-3859 (for Neighbor Islander without a computer to submit testimony through e-mail or the Web); or

WEB: For testimony less than 20MB 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 586-6325 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.

 

 

 

 

 

 

________________________________________

Rep. Roy M. Takumi

Chair