HOUSE OF REPRESENTATIVES

THE THIRTY-FIRST LEGISLATURE

REGULAR SESSION OF 2021

 

COMMITTEE ON CONSUMER PROTECTION & COMMERCE

Rep. Aaron Ling Johanson, Chair

Rep. Lisa Kitagawa, Vice Chair

 

Rep. Henry J.C. Aquino

Rep. Dee Morikawa

Rep. Sharon E. Har

Rep. Richard H.K. Onishi

Rep. Mark J. Hashem

Rep. David A. Tarnas

Rep. Sam Satoru Kong

Rep. Lauren Matsumoto

Rep. John M. Mizuno

 

 

 

AMENDED NOTICE OF HEARING

 

DATE:

Wednesday, March 24, 2021

TIME:

2:00PM

PLACE:

VIA VIDEOCONFERENCE

Conference Room 329

State Capitol

415 South Beretania Street

 

 

 

THE STATE CAPITOL IS CLOSED TO THE PUBLIC DURING THE ONGOING COVID-19 PANDEMIC

Please note that the committee members will participate remotely via videoconference.

Click here to submit testimony and to testify remotely.

 

A live stream link of all House Standing Committee meetings will be available online

shortly before the scheduled start time.

 

Click here for the live stream of this meeting via YouTube.

Click here for select hearings broadcast live on Ōlelo Community Media for cable TV.

 

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

 

The following measure(s) has been ADDED to the agenda: SB 788 SD2, HD1; SB 1035 SD2, HD1

 

SB 834, SD1

(SSCR594)

Status

RELATING TO CHILDLIKE SEX DOLLS.

Establishes the felony offense of importation, sale, or possession of a childlike sex doll. (SD1)

 

CPC, JHA

SB 1286, SD1, HD1

(HSCR1016)

Status

MAKING AN APPROPRIATION TO THE OFFICE OF THE PROSECUTING ATTORNEY FOR HAWAII COUNTY.

Appropriates funds to the office of the prosecuting attorney for Hawaii county for the career criminal prosecution unit. Effective 7/1/3021. (HD1)

 

JHA, CPC, FIN

SB 304, SD2

(HSCR1010)

Status

RELATING TO CARBON OFFSETS.

Establishes procedures for the department of transportation to assist and enable a person to voluntarily purchase a verified carbon offset for carbon dioxide emissions resulting from the person's air travel to or from an airport in the State. Effective 1/1/2050. (SD2)

 

EEP, CPC, FIN

SB 243, SD2, HD1

(HSCR1011)

Status

RELATING TO RENEWABLE ENERGY.

Requires the Hawaii State Energy Office to develop a strategic plan that identifies strategies to achieve a resilient, clean energy, decarbonized economy as quickly as practicable and to submit the strategic plan to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023. Requires the Hawaii Natural Energy Institute to conduct a feasibility study of the strategic plan and to submit its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Sessions of 2023, 2028, 2033, 2043, and 2048. Effective 7/1/2050. (HD1)

 

EEP, CPC, FIN

SB 493, SD2, HD1

(HSCR1013)

Status

RELATING TO AGRICULTURE.

Establishes the Hawaii agriculture and forest carbon positive incentive program. Effective 7/1/2050. (HD1)

 

EEP/AGR, CPC, FIN

SB 932, SD2, HD1

(HSCR1074)

Status

RELATING TO THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM.

Establishes the clean energy and energy efficiency revolving loan fund. Repeals the building energy efficiency revolving loan fund. Authorizes moneys in the green infrastructure special fund to be used to finance the option to purchase solar energy systems and other clean energy equipment, including the purchase or lease of electric vehicles. Appropriates an unspecified amount out of the clean energy and energy efficiency revolving loan fund. Effective 5/6/2137. (HD1)

 

EEP, CPC, FIN

SB 934, HD1

(HSCR1073)

Status

RELATING TO MEASUREMENT STANDARDS.

Exempts hydrogen fuels from petroleum product measurement requirements. Effective 7/1/2050. (HD1)

 

EEP, CPC, FIN

SB 766

(SSCR618)

Status

RELATING TO MOTOR CARRIER PENALTIES.

Allows a penalty of up to $5,000 for the fourth or subsequent violations of the motor carrier law within one calendar year.

 

CPC, FIN

SB 615, SD1, HD1

(HSCR1036)

Status

RELATING TO RENTALS OF MOPEDS AND MOTOR SCOOTERS.

Requires all moped and motor scooter rental companies to ensure the rider wears a safety helmet supplied either by the rental company or by the renter prior to operating the moped or motor scooter. Exempts riders with a motorcycle license from this requirement. Prohibits the rental of any moped or motor scooter with aftermarket modifications. Amends the definition of motor scooter. Effective 7/1/2050. (HD1)

 

TRN, CPC, JHA

SB 506, SD2, HD1

(HSCR1042)

Status

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST WAHIAWA GENERAL HOSPITAL.

Authorizes the issuance of special purpose revenue bonds for long-term debt restructuring of Wahiawa General Hospital. Effective 7/1/2060. (HD1)

 

HHH, CPC, FIN

SB 838, SD1, HD1

(HSCR1046)

Status

RELATING TO SERVICES FOR KUPUNA.

Allows the executive office of aging to relax the thirty-hour employment requirement for qualified caregivers under the kupuna caregivers program during a governor-declared state of emergency. Allows the kupuna caregivers program to be delivered through either traditional service delivery or kupuna caregiver-directed services. Clarifies that coaches and service providers shall be mandatory reporters who have received adult protective services training. Expands the duties of a coach to include assisting the care recipient and caregiver with the enrollment process. Allows funds under the kupuna caregivers program to be issued to the care recipient's financial management service provider. Requires the director of the executive office on aging to submit an annual report to the legislature and adopt administrative rules. Effective 7/1/2060. (HD1)

 

HHH, CPC, FIN

SB 1340, SD2, HD1

(HSCR1050)

Status

RELATING TO EMERGENCY MEDICAL SERVICES.

Enables the Hawaii medical board to license emergency ambulance service personnel and emergency medical responders. Requires the department of commerce and consumer affairs to examine the creation of an additional licensure category for emergency medical technicians who are certified at a higher practice level than emergency medical responders but do not provide ambulance services. Effective 7/1/2060. (HD1)

 

HHH, CPC, FIN

SB 82, SD2, HD1

(HSCR1067)

Status

RELATING TO GOVERNMENT OPERATION AND POLICY.

Requires each new member of a board or commission to participate in an orientation and training session with the head of the department with jurisdiction of that member's board or commission or their designee. Requires each department and agency to train their members at least once per calendar year. Effective 7/1/2112. (HD1)

 

GVR, CPC, FIN

SB 947, SD2

(HSCR1022)

Status

RELATING TO A BROADBAND AND DIGITAL EQUITY OFFICE.

Establishes the Hawaii broadband and digital equity office within the department of business, economic development, and tourism. (SD2)

 

ECD, CPC, FIN

SB 714, SD1, HD1

(HSCR983)

Status

RELATING TO PUBLICITY RIGHTS.

Clarifies the right of publicity includes the rights of individuals who died prior to the enactment of the Hawaii Publicity Rights Act. Applies retroactive to July 15, 2009. (HD1)

 

ECD, CPC, JHA

SB 263, SD2

(HSCR1024)

Status

RELATING TO ECONOMIC DEVELOPMENT.

Transfers oversight of the "Made in Hawaii" program as it relates to manufactured products to the department of business, economic development, and tourism. Places the "Grown in Hawaii with Aloha" program under the management of the department of agriculture. Transfers ownership of the "Made in Hawaii with Aloha" trademark from the department of agriculture to the department of business, economic development, and tourism. Appropriates funds the department of business, economic development, and tourism. Effective 7/1/2050. (SD2)

 

ECD/AGR, CPC, FIN

SB 32, SD1, HD1

(HSCR1034)

Status

RELATING TO INFRASTRUCTURE.

Requires public utilities to consider the disruption to transportation as a criterion in planning ongoing and future maintenance and new installation. Effective 7/1/2050. (HD1)

 

TRN, CPC, FIN

SB 324, SD1, HD1

(HSCR1041)

Status

RELATING TO THE PRACTICE OF MEDICINE.

Clarifies the definition of the practice of medicine to provide uniformity of practice for both medical physicians and osteopathic physicians. Effective 7/1/2060. (HD1)

 

HHH, CPC, FIN

SB 663, SD1, HD1

(HSCR1043)

Status

RELATING TO THE SOLEMN COVENANT OF THE STATES TO AWARD PRIZES FOR CURING DISEASES.

Requires the department of health to establish a task force to study the feasibility of entering into the solemn covenant of the states to award prizes for curing diseases. Effective 7/1/2060. (HD1)

 

HHH, CPC, FIN

SB 1285, SD2, HD1

(HSCR1049)

Status

RELATING TO MEDICAL FACILITIES.

Requires any Hawaii health systems corporation hospital in a county with an area greater than four thousand square miles that serves Compact of Free Association benefit recipients to establish diversity and inclusion training for all staff, and to hire interpreters and community health care workers as necessary to bridge the language and cultural divide with the community. Requires the Hawaii health systems corporation to provide oversight and enforcement. Requires the Hawaii health systems corporation to provide a report to the legislature. Effective 7/1/2060. (HD1)

 

HHH, CPC, FIN

SB 229, SD1

(HSCR1019)

Status

RELATING TO THE OFFICE OF THE AUDITOR.

Requires departments to submit their annual reports concerning their non-general fund accounts to the Auditor in addition to the Legislature. Requires departments to include the status of implementing any recommendations made by the Auditor, and if no action has been taken, to detail the reasons why any recommendation has not been implemented in their annual reports submitted regarding their non-general fund accounts. Requires the Auditor to include, in its annual report to the Legislature on special, revolving, and trust funds, identification of any unimplemented fund recommendations made in an earlier auditor's report. (SD1)

 

LMG, CPC, FIN

SB 246, SD1, HD1

(HSCR1078)

Status

RELATING TO GOVERNMENT.

Establishes a state government realignment commission to periodically review the state executive branch's departments, divisions, and agencies, including functions and services, and submit its findings and recommendations to the legislature. Effective 7/1/2112. (HD1)

 

GVR, CPC, FIN

SB 385, SD1, HD1

(HSCR1015)

Status

RELATING TO THE UNIFORM TRUST CODE.

Enacts the 2018 Uniform Trust Code. Repeals the Uniform Trustees' Powers Act, Uniform Prudent Investor Act, and laws regarding trust administration under the Uniform Probate Code. Effective 1/1/2022. (HD1)

 

JHA, CPC, FIN

SB 1329, SD2, HD1

(HSCR1083)

Status

RELATING TO PROCUREMENT.

Requires the chief procurement officer or designee to address protests as expeditiously as possible. Creates time limits to resolve protests to the awards of competitive sealed proposal contracts and procurements of professional services, if the protest is not resolved by mutual agreement. Specifies that a protest shall prevail if the protest is not resolved by mutual agreement and within the established time limits. Effective 5/6/2137. (HD1)

 

GVR, CPC, FIN

SB 974, SD2

(SSCR913)

Status

RELATING TO CONSUMER PROTECTION.

Provides for new viable installment-based small dollar loan transactions in addition to enhanced deferred deposit transactions. Specifies various consumer protection requirements for small dollar loans. Beginning 1/1/23, requires licensure for small dollar lenders that offer small dollar loans to consumers, subject to the oversight of the division of financial institutions of the department of commerce and consumer affairs to protect against illegal lending. Specifies licensing requirements for small dollar lenders. Caps the maximum allowable loan size at $1,500, providing more flexibility for lenders and borrowers than under the current law. Effective 7/1/50; provided that the licensing requirements shall take effect on 1/1/23. (SD2)

 

CPC, FIN

SB 973, SD1, HD1

(HSCR985)

Status

RELATING TO HAWAII MONEY TRANSMITTER ACT.

Amends the Money Transmitters Act. Incorporates definitions of key terms provided in the Model Money Services Business Law. Adds supporting documentation required to be submitted by an applicant for licensure. Extends the period of an applicant's litigation and criminal conviction history review from five years to ten years from the date of the application. Requires an applicant to submit information concerning any bankruptcy or receivership proceedings. Clarifies the authority of the commissioner of financial institutions to examine and investigate licensees and participate in nationwide protocols for licensing cooperation. (HD1)

 

ECD, CPC, FIN

SB 788, SD2, HD1

(HSCR1080)

Status

RELATING TO PROCUREMENT.

Allows selection committees for procurement of professional services to weigh the selection criteria in the order of importance relevant to their agency and project. Beginning 12/31/2022, requires the state procurement office to develop a vendor past performance information system. Gives the head of a purchasing agency the option to negotiate an adjustment of a bid for construction procurements to more closely align with an internal project price estimation. Allows a bidder of a public works construction project to clarify and correct non-material or technical issues with subcontractor listings for up to twenty-four hours after the bid submission deadline. Requires bids for construction to be publicly opened no sooner than twenty-four hours after the bid submission deadline. Effective 7/1/2112. (HD1)

 

GVR, CPC, FIN

SB 1035, SD2, HD1

(HSCR1081)

Status

RELATING TO PROCUREMENT.

Establishes and appropriates moneys from the state procurement automation system special fund to fund the project management of the procurement automation system. Allows the state procurement administrator to set procedures for final decisions on investigations of procurement policy and compliance. Authorizes the state procurement administrator to assess and collect an administrative fee pursuant to chapter 91, Hawaii Revised Statutes, to cover the costs of the procurement automation system. Effective 7/1/2112. (HD1)

 

GVR, CPC, FIN

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing. Testimony received after this time will be stamped late and left to the discretion of the chair to consider. 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 not be processed.

 

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The chair may institute a per-testifier time limit.

 

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FOR AMENDED NOTICES: Measures that have been deleted are stricken through and measures that have been added are bolded.

 

For more information, please contact the Committee Clerk at 586-9470.

 

 

 

 

 

 

________________________________________

Rep. Aaron Ling Johanson

Chair