COMMITTEE ON JUDICIARY

Thursday, March 13, 2003

Conference Room 325; State Capitol

2:00 p.m. AGENDA:

SB 685

(SSCR595)

RELATING TO SOCIAL SECURITY NUMBERS PLACED IN POLL BOOKS.

Prohibits printing a voter's social security number in an election poll book.

JUD

SB 459

SD1

(SSCR974)

RELATING TO CAMPAIGN SPENDING.

Limits aggregate contributions by any person or entity to not more than $25,000 in any calendar year; allows expenditures from campaign funds for charitable purposes; repeals requirement that contributions from separate entities be treated as a contribution from a single entity if one entity finances or controls the activities of another contributing entity; prohibits and defines bundling; treats a corporation and any person owning at least a 35% interest in the corporation as a single person for purposes of applying campaign spending laws; prohibits government contractors from contributing to candidates or candidate's committees; requires that qualifying contributions to receive public funds come from individual Hawaii residents; repeals limits on number of fundraisers; allows unlimited contributions through separate segregated funds; punishes intentional falsification of a required report as a Class C felony.

JUD

SB 299

SD1

(SSCR651)

RELATING TO STANDARDS OF CONDUCT.

Exempts state officials from multiple ethics disclosure filing requirements during a calendar year if the official's financial position has not changed since the date of the previous filing.

JUD

SB 635

SD2

(SSCR699)

RELATING TO TRAFFIC FINES.

Establishes a problem solving courts special fund for various treatment programs as directed by the chief justice of the judiciary. Directs $_____ in fiscal years 2003-2004 and 2004-2005 from uncontested fines, forfeitures, assessments, and penalties for traffic infractions to the judiciary computer system special fund, and deposits the excess uncontested fines, forfeitures, assessments, and penalties for traffic infractions, grants, donations, and other funding sources into the problem solving courts special fund.

JUD, FIN

SB 637

(SSCR836)

RELATING TO MISSING CHILDREN.

Repeals the Hawaii missing children's clearinghouse trust fund; transfers fund balance to the Friends of the Missing Child Center, a private non-profit.

JUD, FIN

SB 1139

SD1

(SSCR700)

RELATING TO FAMILY COURT.

Increases the mandatory surcharge for parent education from $35 to $50. Repeals the discretionary $15 donation.

JUD, FIN

SB 617

(SSCR594)

RELATING TO CRIMINAL OFFENSES.

Requires the Judicial Council to convene a task force to review criminal charging procedures to recommend legislative amendments.

JUD, FIN

SB 611

SD1

(SSCR698)

RELATING TO COURT APPOINTED COUNSEL.

Increases the hourly rate of compensation and certain maximum fees for court appointed counsel to correspond with federal rates.

JUD, FIN

SB 616

(SSCR593)

RELATING TO HATE CRIMES.

Amends hate crime laws to apply to a defendant who intentionally selects a victim or property of a person because of hostility toward the person's actual or perceived gender identity or expression.

JUD

SB 1275

(SSCR979)

RELATING TO ASSAULT AGAINST LAW ENFORCEMENT OFFICERS.

Makes the offense of assaults against law enforcement officers engaged in the performance of duty a class C felony.

JUD

SB 1274

SD1

(SSCR978)

RELATING TO MANSLAUGHTER.

Changes the extreme mental or emotional disturbance defense from a standard defense to an affirmative defense.

JUD

SB 935

(SSCR27)

RELATING TO ORDERS FOR PROTECTION.

Eliminates distinction between non-domestic abuse and domestic abuse for purposes of sentencing persons convicted for violating an order for protection.

JUD

SB 934

SD1

(SSCR26)

RELATING TO TRANSFER OF OWNERSHIP OF FIREARMS AND AMMUNITION.

Requires the court to set forth conditions, limitations, and prohibitions for transference of a firearm by a person named in a protective order.

JUD

SB 933

SD1

(SSCR25)

RELATING TO STALKING.

Clarifies that stalking involves engaging in more than one occurrence of a course of conduct that is without legitimate purpose. Defines "course of conduct." Repeals the distinction of petty misdemeanor for a single occurrence of a prohibited conduct. Replaces violations of court orders in the aggravated harassment by stalking statute with previous convictions of harassment by stalking within a ten year period.

JUD

Decision making to follow.

 

2:30 p.m. AGENDA:

SB 1514

SD1

(SSCR982)

RELATING TO FORFEITURES.

Amends the forfeiture statutes by adding provisions similar to the Civil Asset Forfeiture Reform Act of 2000 including provisions clarifying the burden of proof in forfeiture proceedings and the "innocent owner" defense, provisions for the release of seized property and establishing government liability for wrongful seizure. Allows removal of cases worth less than $3500 to small claims court. Requires moneys from the criminal forfeiture revolving fund to be used for drug treatment programs.

JUD

 

COMMITTEE ON HIGHER EDUCATION

Thursday, March 13, 2003

2:30 p.m.

Conference Room 309; State Capitol

AGENDA:

SB 62

SD1

(SSCR946)

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Allows a faculty member, lecturer, and administrative, professional, and technical employee of UH with multiple part-time appointments or positions to meet eligibility requirements for membership in the ERS; exempts faculty, lecturers, and administrative, professional, and technical employees employed at UH who hold multiple part-time appointments or positions which together aggregate to at least one-half of a full-time equivalent position from provisions allowing the ERS board of trustees to deny membership to part-time or temporary employees.

HED, LAB, FIN

SB 343

(SSCR677)

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR CHAMINADE UNIVERSITY.

Authorizes issuance of special purpose revenue bonds for Chaminade University to maintain and improve its educational facilities and to procure planning services.

HED, FIN

SB 576

(SSCR917)

RELATING TO THE UNIVERSITY OF HAWAII.

Disallows the University of Hawaii board of regents from making expenditures from the University of Hawaii tuition and fees special fund to generate private donations to the University of Hawaii Foundation.

HED, FIN

SB 748

SD2

(SSCR811)

RELATING TO NURSING EDUCATION.

Establishes a nursing education loan program to provide loans for eligible nursing students in an unspecified amount per student per academic year. Provides for loan repayment or partial or complete loan forgiveness for eligible individuals who satisfy the work requirement. Appropriates funds to provide loans to nursing candidates and faculty.

HED, FIN

SB 1410

SD1

(SSCR705)

RELATING TO CLAIMS AGAINST THE UNIVERSITY OF HAWAII AND PROVIDING APPROPRIATIONS THEREFOR.

Appropriates funds for the purpose of satisfying claims against the University of Hawaii.

HED, JUD, FIN

SB 1411

SD1

(SSCR688)

RELATING TO THE UNIVERSITY OF HAWAII RISK MANAGEMENT SPECIAL FUND.

Establishes the University of Hawaii Risk Management Special Fund; allows the university to assess risk management fees and to purchase insurance.

HED, FIN

Decision making to follow.

 

COMMITTEE ON HUMAN SERVICES AND HOUSING AND COMMITTEE ON HEALTH

Friday, March 14, 2003

8:30 a.m.

Conference Room 329; State Capitol

AGENDA:

HSH only:

SB 881

SD1

(SSCR631)

RELATING TO CHILD ABUSE.

Allows public safety officers, sheriffs, and deputy sheriffs to assume protective custody of child abuse victim; requires public safety officers, sheriffs, and deputy sheriffs to report child abuse cases.

HSH, PSM, JUD

SB 1351

(SSCR848)

RELATING TO BACKGROUND CHECKS FOR ADULT SERVICES PROGRAMS.

Requires the Department of Human Services to establish standards, which shall include criminal history record and adult and child protective service records checks, to ensure the reputable and responsible character of service providers who have direct contact with individuals receiving services through the adult services programs.

HSH, JUD, FIN

SB 1352

SD1

(SSCR849)

RELATING TO HOME AND COMMUNITY-BASED SERVICES.

Extends the statutory authority for the licensing of community-based case management agencies and the certification of community care foster family homes until June 30, 2005; appropriates $65,000 for fiscal year 2003-2004, and $65,000 for fiscal year 2004-2005, for licensing and certification.

HSH, JUD, FIN

SB 1647

SD2

(SSCR857)

RELATING TO SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED.

Appropriates funds in each of fiscal years 2003-2004 and 2004-2005, to provide individuals who are blind or visually impaired with telephonic access to time-sensitive information.

HSH, CPC, FIN

SB 1661

SD2

(SSCR914)

RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

Amends Act 100, SLH 2001, to require the Housing and Community Development Corporation of Hawaii to complete the construction of the Villages of Kapolei within five years of effective date of this Act, and to coordinate with the City and County of Honolulu to implement recommendations of private traffic study.

HSH, TRN, FIN

Decision making to follow.

 

HSH/HLT only:

   

SB 918

SD2

(SSCR970)

RELATING TO NONPROFIT CORPORATIONS AND ORGANIZATIONS.

Requires auto insurers to offer nonprofit employees and volunteers insurance coverage for use of personal vehicles in the course of employment or volunteering. Allows amounts paid for the coverage to be claimed as a tax deduction.

HSH/HLT, CPC, FIN

SB 945

SD1

(SSCR855)

RELATING TO CHILDREN AND YOUTH.

Allocates moneys from Tobacco Settlement Special Fund to Office of Youth Services, DOE, and counties to establish dedicated source of funding for nonschool-hour youth programs. Appropriates funds.

HSH/HLT, EDN, FIN

SB 1580

(SSCR853)

RELATING TO ADVOCACY FOR HUMAN SERVICES.

Appropriates funds for (1) the adoption of special needs children, (2) a grant-in-aid to a nonprofit legal services provider to increase SSI income, (3) a grant in aid to a nonprofit legal services provider for a federal medicare advocacy project.

HSH/HLT, EDN, FIN

SB 473

SD1

(SSCR779)

RELATING TO HALFWAY HOUSES.

Requires informational meetings as part of the county zoning permit process for group living facilities housing people released from correctional facilities and other institutions.

HSH/HLT, JUD, FIN

Decision making to follow.

 

Decision making only:

SB 956

SD2

(SSCR842)

RELATING TO PRESUMPTIVE MEDICAID ELIGIBILITY FOR PREGNANT WOMEN.

Requires the department of human services to provide presumptive medicaid or QUEST coverage to medicaid eligible pregnant women.

HSH/HLT, FIN

COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Friday, March 14, 2003

8:30 a.m.

Conference Room 309; State Capitol

AGENDA:

SB 830

SD1

(SSCR596)

RELATING TO CRIMINAL HISTORY RECORD CHECKS.

Implements the recommendations of the criminal history record check working group, as established pursuant to Act 263, SLH 2001, to address inconsistencies and duplicative statutory language authorizing record checks for employment background checks, certifications, and licensing of individuals.

LAB, JUD, FIN

SB 363

(SSCR650)

RELATING TO THE EXPERIMENTAL MODERNIZATION PROJECTS FOR COUNTY BOARDS OF WATER SUPPLY.

Authorizes any county Board of Water supply serving a population of 500,000 or more persons to establish an experimental modernization project to determine whether specific changes in its human resource program are desirable.

LAB, FIN

SB 205

SD3

(SSCR719)

RELATING TO EMPLOYMENT.

Requires public employers to provide paid leave for employees of at least four hours per year for personal matters involving the education or health of their minor children; provided that such leave shall not be credited against vacation or sick leave benefits.

LAB, FIN

SB 435

(SSCR949)

RELATING TO PUBLIC EMPLOYEE HEALTH BENEFITS.

Requires the employer-union health benefits trust fund to establish flexible health benefit option plans for retirees to select benefits coverage under separate option categories. Allows employee-beneficiaries whose spouses are not public employees or retired public employees to enroll in plans.

LAB, FIN

SB 779

SD2

(SSCR951)

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Creates a new class H membership of the employees' retirement system. Allows employees in service on 12/31/04 to elect to covert their class C membership to class H membership. Requires employees hired on or after 1/1/05, to be designated as class H members. Establishes the parameters for unreduced retirement allowances, service retirement allowances, minimum cash balance benefits, ordinary disability retirement allowances, service-connected disability retirement allowances, death benefits, post retirement allowances, retirement allowance options, rollovers, and the determination of members' rights after separation from service for class H members.

LAB, FIN

HCR 97

REQUESTING THE EMPLOYEES' RETIREMENT SYSTEM TO CONDUCT A STUDY ON THE FEASIBILITY OF A HYBRID PLAN.

 

LAB

Copies of the proposed HD1 for Senate Bill Nos. 789, 687, AND 678 will be available for public review in the Office of Representative Marcus R. Oshiro, State Capitol, Room 439, after 12:00 p.m. on Tuesday, March 11, 2003.

SB 789

SD1

PROPOSED

HD1

RELATING TO PUBLIC EMPLOYEE HEALTH BENEFITS.

Restores Health Fund benefits to retirees. Requires annual audits of employee organization health benefit plans. Requires the employer contribution cap on monthly contributions for health benefits plans for retirees to be adjusted annually, beginning July 1, 2002. (PROPOSED HD1)

LAB, FIN

SB 687

SD1

PROPOSED

HD1

RELATING TO LEAVES OF ABSENCE.

Implements an Internal Revenue Service approved special pay plan for all eligible employees of the State and county which will not enhance or diminish existing special pay benefits. Allows employees under the age of fifty-five who elect early withdrawal from the special pay plan within sixty days of the effective date of separation from service to be reimbursed by the employer the difference between the Federal Insurance Contribution Act (FICA)and any Medicare tax savings to the employee and any early withdrawal penalty imposed by the Internal Revenue Service. Also, reenacts leaves of absence law relating to the pay of officers and employees on active military service and nonforfeiture for absence. (PROPOSED HD1)

LAB

SB 678

SD1

PROPOSED

HD1

RELATING TO INSURANCE.

Extends workers' compensation insurance exemption to employers having distributional interest of at least 50% of a limited liability company or having transferable interest of at least 50% of a limited liability partnership. (PROPOSED HD1)

LAB, CPC

Decision making to follow.

 

Decision making only:

SB 773

(SSCR725)

RELATING TO UNEMPLOYMENT INSURANCE.

Establishes an alternative base period under the employment security law for individuals who do not have sufficient qualifying weeks or wages in the base period to qualify for unemployment insurance benefits.

LAB, FIN

COMMITTEE ON TOURISM AND CULTURE AND COMMITTEE ON ECONOMIC DEVELOPMENT AND BUSINESS CONCERNS

Friday, March 14, 2003

8:30 a.m.

Conference Room 325; State Capitol

AGENDA:

SB 359

SD2

(SSCR965)

RELATING TO FILM INDUSTRY.

Expands the tax credit for motion picture and film production to include up to 15% of the costs of wages and salaries, capped at $25,000 per employee; includes commercials in motion picture and film production; requires the Hawaii television and film development board to review tax incentives for the purchase, utilization, and sale of television and motion picture production equipment in the State.

TAC/EDB, FIN

SB 38

(SSCR614)

RELATING TO THE HAWAII TOURISM AUTHORITY.

Authorizes the Hawaii Tourism Authority to employ or retain attorneys independent of the Attorney General to provide legal services for the Authority.

TAC, JUD, FIN

SB 41

(SSCR654)

RELATING TO PUBLIC CONTRACTS.

Requires public access to, and disclosure of, all subcontracts and partnership agreements entered into by a contractor using public funds. Applies chapter 103D public access laws to Hawaii Tourism Authority, despite the fact that HTA is otherwise exempt from the state procurement laws.

TAC, JUD, FIN

SB 975

(SSCR877)

RELATING TO GOVERNMENT.

Establishes limited immunity for the State and counties from tort liability arising out of hazardous recreational activities.

TAC, JUD, FIN

SB 1040

SD1

(SSCR774)

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Provides that Transient Accommodations Tax revenues for the Hawaii Statewide Trail and Access Program be deposited into the Special Land and Development Fund from which expenditures for the trails and access program can be made; removes the ceiling on the amount of funds that may be dedicated to trails and trail access under the jurisdiction of the Department of Land and Natural Resources.

TAC, WLH, FIN

SB 1629

SD1

(SSCR806)

RELATING TO THE GENERAL EXCISE TAX.

Extends the current GET exemptions for: (1) condominium common expenses paid by managers and (2) hotel employee expenses paid by hotel operators, to include expenses paid by submanagers and suboperators and to include employee expenses in timeshare projects.

TAC, CPC, FIN

SB 248

SD3

(SSCR655)

RELATING TO THE CONVENTION CENTER.

Raises limit on amount of revenues that may be deposited into the Convention Center Enterprise Special Fund.

TAC, FIN

SB 376

SD2

(SSCR865)

RELATING TO ART.

Permits resident artists to display and sell their work in state offices. Provides for the works of art special fund to be used to purchase books, works of literacy art, and other library resources for the state public library system.

TAC, FIN

SB 1210

(SSCR656)

RELATING TO THE HAWAII TOURISM AUTHORITY.

Requires the Hawaii tourism authority to establish a registry of groups of Hawaii residents traveling to out-of-state destinations to promote and market Hawaii as a tourist destination. Allows the authority to enter into agreements with these groups.

TAC, FIN

SB 1461

(SSCR657)

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Requires that two percent of each county's TAT revenue collections be used for tourism promotions and visitor industry enhancements.

TAC, FIN

HCR 64

REQUESTING HAWAII'S HOTELS TO PROVIDE FACILITIES FOR EMAIL AND INTERNET ACCESS FOR THEIR GUESTS.

TAC

Decision making to follow.

 

COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS AND COMMITTEE ON ENERGY AND ENVIRONMENTAL PROTECTION

Friday, March 14, 2003

8:30 a.m.

Conference Room 423; State Capitol

AGENDA:

SB 1416

(SSCR270)

RELATING TO LAND EXCHANGES.

Amends the legislative disapproval process for land exchanges by changing the sequence of the approval process.

WLH, LMG, FIN

SB 1151

(SSCR702)

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.

Clarifies the lands comprising, and the revenues derived from, the public land trust under the state Constitution.

WLH, FIN

SB 1152

SD1

(SSCR870)

RELATING TO THE REPRESENTATION OF THE OFFICE OF HAWAIIAN AFFAIRS ON BOARDS, COMMISSIONS, AND ADVISORY BODIES.

Installs a trustee or designee of the office of Hawaiian affairs on the state land use commission and the public advisory body for coastal zone management.

WLH, FIN

SB 1155

SD1

(SSCR731)

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.

Allows trustees of the Office of Hawaiian Affairs who claim service credit to select either one of the two payment options available under section 88-59.

WLH, LAB, FIN

SB1156

(SSCR944)

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.

Requires OHA to establish and maintain a registry of all persons of Hawaiian ancestry, regardless of place of residence.

WLH, JUD, FIN

SB 610

SD2

(SSCR697)

RELATING TO INDIVIDUAL CLAIMS RESOLUTION UNDER THE HAWAIIAN HOME LANDS TRUST.

Replaces the individual claims review panel with a court-appointed special master to expedite the settlement of remaining claims.

WLH, JUD, FIN

SB 381

SD2

(SSCR694)

MAKING AN APPROPRIATION FOR THE PAYMENT OF DAMAGES FOR HAWAIIAN HOME LANDS TRUST INDIVIDUAL CLAIMS.

Appropriates a blank amount for payments to claimants awarded damages by the Hawaiian home lands trust individual claims review panel.

WLH, FIN

SB 235

SD3

(SSCR882)

RELATING TO GOVERNMENT.

Provides a tax credit of up to an unspecified amount per taxable year, up to an unspecified aggregate total, for a taxpayer that incurs qualified costs in the development of law enforcement, emergency medical services, and public safety training facilities at Kalaeloa.

WLH, FIN

SB 1619

SD2

(SSCR773)

RELATING TO TAXATION.

Establishes an investment tax credit for qualified investments in the motor sports facility to be developed at Kalaeloa, parcel 9.

WLH, PSM/TAC, FIN

SB 1560

(SSCR999)

RELATING TO PROPERTY LEFT IN A DANGEROUS CONDITION.

Authorizes counties to condemn and demolish abandoned facilities that have been damaged due to a natural disaster; establishes civil penalties for property owners whose property sits in a damaged an dangerous condition.

WLH, JUD, FIN

SB 1477

SD2

(SSCR908)

RELATING TO MUNICIPAL LEASES.

Allows the counties to lease, for a term not to exceed 99 years, any plant, equipment of any waterworks, waterworks, mains or water distribution system or any related real or personal property; or any wastewater, sewer or other waste disposal system and any related real and personal property for the collection, treatment, purification, and disposal of sewage.

WLH, JUD, FIN

SB 528

SD2

(SSCR891)

RELATING TO THE TRANSFER OF COUNTY LANDS AND IMPROVEMENTS.

Transfers lands and improvements utilized by the department of education, in the county of Hawaii, to the State. Appropriates funds.

WLH, FIN

SB 39

SD1

(SSCR690)

RELATING TO PARKS.

Creates an advisory task force to develop an action plan for the transfer of jurisdiction over state parks from DLNR to the counties. Requires the governor to convene the task force within 30 days of the Act's effective date.

WLH, FIN

SB 548

(SSCR995)

RELATING TO FIREARMS.

Clarifies lawful possession of a rifle or shotgun for hunting or target shooting is limited to instances of lawful hunting or lawful target shooting.

WLH, JUD

SB 552

SD2

(SSCR629)

RELATING TO LANDOWNERS' LIABILITY.

Limits the landowners' liability toward persons entering their property for the purpose of invasive species control and eradication purposes.

WLH/EEP, JUD

Decision making to follow.

 

COMMITTEE ON PUBLIC SAFETY AND MILITARY AFFAIRS AND COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT

Friday, March 14, 2003

10:00 a.m.

Conference Room 309; State Capitol

AGENDA:

SB 1393

SD2

(SSCR704)

RELATING TO THE EXECUTIVE DEPARTMENTS OF STATE GOVERNMENT.

Creates a new department of law enforcement to assume the public safety and law enforcement duties of the department of public safety. Redesignates the department of public safety as the department of corrections. Transfers department of education after-hours security contracts and library security functions to the new department of law enforcement.

PSM/LAB, JUD, FIN

Decision making to follow.