Statute Revision

Amends, reenacts, or repeals various provisions of the Hawaii
Revised Statutes and the Session Laws of Hawaii for the purpose
of correcting errors and references, clarifying language, and
deleting obsolete or unnecessary provisions.

THE SENATE                              S.B. NO.           2122
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1. Section 87-27, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "87-27  Supplemental plan to federal Medicare.  Any other
 4 provision of this chapter notwithstanding, the board of trustees
 5 shall establish, effective July 1, [[]1966[]], a health [benefit]
 6 benefits plan which takes into account benefits available to an
 7 employee-beneficiary and spouse under the federal Medicare plan,
 8 subject to the following conditions:
 9      (1)  There shall be no duplication of benefits payable under
10           federal Medicare but the plan so established by the
11           board shall be supplemental to the federal Medicare
12           plan;
13      (2)  The contribution for voluntary medical insurance
14           coverage under federal Medicare may be paid by the
15           fund, in such manner as the board shall specify, in the
16           case of an employee-beneficiary who is a retired
17           employee, and spouse while the employee-beneficiary is

Page 2                                                     
                                     S.B. NO.           2122

 1           living, including members of the old pension system and
 2           after death the employee-beneficiary's spouse provided
 3           the spouse qualifies as an employee-beneficiary;
 4           provided that the counties, through their respective
 5           departments of finance, shall reimburse the fund for
 6           any contributions made for county employee-
 7           beneficiaries under this paragraph;
 8      (3)  The benefits available under the plan, when taken
 9           together with the benefits available under the federal
10           Medicare plan [shall], as nearly as is possible, shall
11           approximate the benefits available under the plans set
12           forth in section 87-22.  If, for any reason, a
13           situation develops where the benefits available under
14           the supplemental plan and the federal Medicare plan
15           substantially differ from those that would otherwise be
16           available, the board [is authorized to] may correct
17           this inequity to assure substantial equality of
18           benefits;
19      (4)  Notwithstanding any other law to the contrary, all
20           employee-beneficiaries or dependent-beneficiaries who
21           are eligible to enroll in the federal Medicare Part B
22           medical insurance plan shall enroll in that federal

Page 3                                                     
                                     S.B. NO.           2122

 1           plan as a requirement to receive the contributions and
 2           to participate in the employee benefit plans described
 3           in this chapter.  This paragraph shall pertain to
 4           retired employees and their spouses and the surviving
 5           spouses of deceased retirees and employees killed in
 6           the performance of duty; and
 7      (5)  The board of trustees shall determine which employee-
 8           beneficiaries and dependent-beneficiaries, who are not
 9           enrolled in the federal Medicare Part B medical
10           insurance plan, may participate in such other plans as
11           are set forth in section 87-22."
12      SECTION 2.  Section 312-3.7, Hawaii Revised Statutes, is
13 amended to read as follows:
14      "[[]312-3.7[]]  Hawaii state library foundation trust fund.
15 (a)  There is established as a separate fund of the Hawaii state
16 library foundation, a Hawaii nonprofit corporation, the Hawaii
17 state library foundation trust fund.  All funds contributed to
18 the trust fund, including income and capital gains earned
19 therefrom, shall be used exclusively for state library programs
20 as defined in the articles, bylaws, resolutions, and other
21 instruments executed on behalf of the Hawaii state library
22 foundation or by the state librarian.  The trust fund may receive

Page 4                                                     
                                     S.B. NO.           2122

 1 any and all types of private contributions, and the income and
 2 capital gains earned by the fund; provided that funds or
 3 properties donated for library use and patrons' deposits shall be
 4 deposited and accounted for in accordance with rules adopted by
 5 the comptroller.  The trust fund shall be subject to the
 6 following restrictions:
 7      (1)  All funds, and the income and capital gains earned by
 8           investment of those funds, shall be expended only for
 9           the support of state library programs; and
10      (2)  Other restrictions imposed by the legislature with
11           respect to the transfer or appropriation of funds.
12      (b)  Any funds deposited in the trust fund, and any income
13 and capital gains earned therefrom, not used for state library
14 programs, shall be invested in accordance with the provisions of
15 the articles, bylaws, resolutions, or other instruments executed
16 on behalf of the Hawaii state library foundation, and in a manner
17 intended to maximize the rate of return on investment of the
18 fund.
19      (c)  If the trust fund is terminated or the Hawaii state
20 library foundation is dissolved, all funds, including the income
21 and capital gains earned by the investment of funds, shall be
22 distributed in accordance with the articles and bylaws of the

Page 5                                                     
                                     S.B. NO.           2122

 1 Hawaii state library foundation.
 2      (d)  The Hawaii state library foundation shall require an
 3 annual audit of the trust fund, the results of which shall be
 4 submitted to the department of education not more than thirty
 5 days after receipt by the foundation.  The foundation shall
 6 retain for a period of three years, any documents, papers, books,
 7 records, and other evidence that is pertinent to the trust fund,
 8 and permit inspection or access thereto by the department of
 9 education, the state librarian, the department of accounting and
10 general services, state legislators, and the state auditor, or
11 their duly authorized representatives.
12      (e)  The purpose of this section is to create by statute a
13 private charitable trust fund to financially support state
14 library programs.  The trust fund shall be subject to the terms
15 and conditions provided in this section.  The trust fund shall
16 not be placed in the state treasury and the State shall not
17 administer the fund nor be liable for its operation or solvency.
18 The fund shall be a private charitable trust fund administered by
19 a private trust company as trustee.
20      [(f)  Subsections (a) to (e) shall take effect upon the
21 creation of a Hawaii state library foundation, a tax-exempt,
22 nonprofit foundation that is subject to the terms and conditions

Page 6                                                     
                                     S.B. NO.           2122

 1 provided in this section; provided that this section shall be
 2 repealed on June 30, 1995, if the Hawaii state library foundation
 3 is not established by this date.]"
 4      SECTION 3.  Section 348-8, Hawaii Revised Statutes, is
 5 amended by amending subsection (d) to read as follows:
 6      "(d)  The council shall coordinate with other councils
 7 within the State including the statewide independent living
 8 council, the state planning council on developmental
 9 disabilities, the [[]state council on mental health[]], the
10 advisory panel of individuals with disabilities in education, and
11 the state workforce development council.  The council shall
12 establish working relationships between the vocational
13 rehabilitation division of the department and other councils and
14 coordinate other functions as deemed appropriate under federal
15 law."
16      SECTION 4.  Section 348-9, Hawaii Revised Statutes, is
17 amended by amending subsection (c) to read as follows:
18      "(c)  The council shall:
19      (1)  Develop and submit jointly with the department a state
20           plan;
21      (2)  Monitor, review, and evaluate the implementation of the
22           state plan;

Page 7                                                     
                                     S.B. NO.           2122

 1      (3)  Coordinate activities with the [[]state rehabilitation
 2           council[]]; and
 3      (4)  Submit to the commissioner of the rehabilitation
 4           services administration such periodic reports as are
 5           requested."
 6      SECTION 5.  Section 425D-102, Hawaii Revised Statutes, is
 7 amended to read as follows:
 8      "425D-102  Name.(a)  The name of each limited partnership
 9 as set forth in its certificate of limited partnership:
10      (1)  May not contain the name of a limited partner unless:
11           (A)  It is also the name of a general partner or the
12                corporate name of a corporate general partner; or
13           (B)  The business of the limited partnership had been
14                carried on under that name before the admission of
15                that limited partner;
16      (2)  Shall not be the same as, or substantially identical
17           to, the name of any domestic corporation, domestic
18           partnership, domestic limited liability company, or
19           domestic limited liability partnership existing or
20           registered under the laws of this State, any foreign
21           corporation, foreign partnership, foreign limited
22           liability company, or foreign limited liability

Page 8                                                     
                                     S.B. NO.           2122

 1           partnership authorized to transact business in this
 2           State, or any trade name, trademark, or service mark
 3           registered in this State, or a name the exclusive right
 4           to which is, at the time, reserved, or the name of a
 5           partnership which has in effect a registration of its
 6           partnership name as provided in this chapter, except
 7           that this provision shall not apply if the applicant
 8           filed with the director either of the following:
 9           (A)  The written consent of the other partnership or
10                holder of a reserved or registered name to use the
11                same or substantially identical name, and one or
12                more words are added to make the name
13                distinguishable from the other name; or
14           (B)  A certified copy of a final decree of a court of
15                competent jurisdiction establishing the prior
16                right of the applicant to the use of the name in
17                this State.
18      (b)  The director may adopt, amend, and repeal such rules as
19 may be necessary to carry out the purpose of this section."
20      SECTION 6.  Section 431:2-203, Hawaii Revised Statutes, is
21 amended by amending subsection (b) to read as follows:
22      "(b) (1)  A person who intentionally or knowingly violates,

Page 9                                                     
                                     S.B. NO.           2122

 1           intentionally or knowingly permits any person[,] over
 2           whom the person has authority[,] to violate, or
 3           intentionally or knowingly aids any person in violating
 4           any insurance rule or statute of this State or any
 5           effective order issued by the commissioner, shall be
 6           subject to any penalty or fine as stated in this code
 7           or the penal code of the Hawaii Revised Statutes.
 8      (2)  If the commissioner has cause to believe that any
 9           [[]person has violated any penal provision of this code
10           or[]] of other [law] laws relating to insurance, the
11           commissioner shall certify the facts of the violation
12           to the public prosecutor of the jurisdiction in which
13           the offense was committed.
14      (3)  Violation of any provision of this code is punishable
15           by a fine of not less than $100 nor more than $10,000
16           per violation, or by imprisonment for not more than one
17           year, or both, in addition to any other penalty or
18           forfeiture provided herein or otherwise by law.
19      (4)  The terms "intentionally" and "knowingly" have the
20           meanings given in section 702-206(1) and (2)."
21      SECTION 7.  Section 853-4, Hawaii Revised Statutes, is
22 amended to read as follows:

Page 10                                                    
                                     S.B. NO.           2122

 1      "853-4 Chapter not applicable; when.  This chapter shall
 2 not apply when:
 3      (1)  The offense charged involves the intentional, knowing,
 4           reckless, or negligent killing of another person;
 5      (2)  The offense charged is a felony that involves the
 6           intentional, knowing, or reckless bodily injury or
 7           serious bodily injury of another person, or is a
 8           misdemeanor or petty misdemeanor that carries a
 9           mandatory minimum sentence and that involves the
10           intentional, knowing, or reckless bodily injury or
11           serious bodily injury of another person;
12      (3)  The offense charged involves a conspiracy or
13           solicitation to intentionally, knowingly, or recklessly
14           kill another person or to cause serious bodily injury
15           to another person;
16      (4)  The offense charged is a class A felony;
17      (5)  The offense charged is nonprobationable;
18      (6)  The defendant has been convicted of any offense defined
19           as a felony by the Hawaii Penal Code or has been
20           convicted for any conduct that if perpetrated in this
21           State would be punishable as a felony;
22      (7)  The defendant is found to be a law violator or

Page 11                                                    
                                     S.B. NO.           2122

 1           delinquent child for the commission of any offense
 2           defined as a felony by the Hawaii Penal Code or for any
 3           conduct that if perpetrated in this State would
 4           constitute a felony;
 5      (8)  The defendant has a prior conviction for a felony
 6           committed in any state, federal, or foreign
 7           jurisdiction;
 8      (9)  A firearm was used in the commission of the offense
 9           charged;
10     (10)  The defendant is charged with the distribution of a
11           dangerous, harmful, or detrimental drug to a minor;
12     (11)  The defendant has been charged with a felony offense
13           and has been previously granted deferred acceptance of
14           guilty plea status for a prior offense, regardless of
15           whether the period of deferral has already expired;
16     (12)  The defendant has been charged with a misdemeanor
17           offense and has been previously granted deferred
18           acceptance of guilty plea status for a prior felony,
19           misdemeanor, or petty misdemeanor for which the period
20           of deferral has not yet expired;
21     (13)  The offense charged is:
22           (A)  Escape in the first degree;

Page 12                                                    
                                     S.B. NO.           2122

 1           (B)  Escape in the second degree;
 2           (C)  Promoting prison contraband in the first degree;
 3           (D)  Promoting prison contraband in the second degree;
 4           (E)  Bail jumping in the first degree;
 5           (F)  Bail jumping in the second degree;
 6           (G)  Bribery;
 7           (H)  Bribery of a witness;
 8           (I)  Intimidating a witness;
 9           (J)  Bribery of or by a juror;
10           (K)  Intimidating a juror;
11           (L)  Jury tampering;
12           (M)  Promoting prostitution in the first degree;
13           (N)  Promoting prostitution in the second degree;
14           (O)  Promoting prostitution in the third degree;
15           (P)  Abuse of family [and] or household members;
16           (Q)  Sexual assault in the second degree;
17           (R)  Sexual assault in the third degree;
18           (S)  A violation of an order issued pursuant to chapter
19                586.
20      The court may adopt by rule other criteria in this area."
21      SECTION 8.  Act 93, Session Laws of Hawaii 1999, is amended
22 by amending section 18 to read as follows:

Page 13                                                    
                                     S.B. NO.           2122

 1      "SECTION 18.  This Act shall take effect on July 1, 2000;
 2 provided that sections 7, and 9 to 18 shall take effect on [July
 3 1,] June 29, 1999."
 4      SECTION 9.  Act 115, Session Laws of Hawaii 1999, is amended
 5 by amending the prefatory language in section 5 to read as
 6 follows:
 7      "SECTION 5.  Chapter 662E, Hawaii Revised Statutes, is
 8 amended by amending the chapter title and section 662E-1 to read
 9 as follows:"
10      SECTION 10.  Act 122, Session Laws of Hawaii 1999, is
11 amended by amending the prefatory language in section 2 to read
12 as follows:
13      "SECTION 2.  [Section 183D-4,] Section 183D-2, Hawaii
14 Revised Statutes, is amended to read as follows:"
15      SECTION 11.  Act 163, Session Laws of Hawaii 1999, is
16 amended by amending section 26 to read as follows:
17      "SECTION 26.  This Act shall take effect on approval,
18 provided that:
19      (1)  Sections 431:9-B and 431:9-C contained in section 2 of
20           Part I shall become effective on January 1, 2001; and
21           provided further that the twenty-three month period to
22           meet the continuing education requirements shall

Page 14                                                    
                                     S.B. NO.           2122

 1           commence upon the first license renewal of a general
 2           agent, subagent, solicitor, designated representative,
 3           or nonresident agent after December 31, 2000; and
 4      (2)  Part II shall take effect on July 1, 1999; provided
 5           further that sections [21 and 22] 20 and 21 shall take
 6           effect after all funds that are supposed to be credited
 7           to the motor vehicle insurance administration revolving
 8           fund and the insurance examiners revolving fund are
 9           transferred into the insurance regulation special
10           fund."
11      SECTION 12.  Act 172, Session Laws of Hawaii 1999, is
12 amended by amending the prefatory language in section 2 to read
13 as follows:
14      "SECTION 2.  [Section] Chapter 378, Hawaii Revised Statutes,
15 is amended by adding a new section to be appropriately designated
16 and to read as follows:"
17      SECTION 13.  Act 174, Session Laws of Hawaii 1999, is
18 amended by amending section 2 to read as follows:
19      "SECTION 2.  The insurance commissioner [shall], prior to
20 [January 1, 2000,] January 1, 2001, shall adopt rules pursuant to
21 chapter 91, Hawaii Revised Statutes, setting forth the respective
22 application, license, and other fees which shall be paid by

Page 15                                                    
                                     S.B. NO.           2122

 1 captive insurance company applicants and licensees."
 2      SECTION 14.  Statutory material to be repealed is bracketed.
 3 New statutory material is underscored.
 4      SECTION 15.  This Act shall take effect upon its approval;
 5 provided that:
 6      1.   Section 8 shall take effect retroactive to June 24,
 7           1999;
 8      2.   Sections 9 and 10 shall take effect retroactive to
 9           June 25, 1999;
10      3.   Section 11 shall take effect retroactive to June 28,
11           1999;
12      4.   Section 12 shall take effect retroactive to July 1,
13           1999; and
14      5.   Section 13 shall take effect retroactive to July 1,
15           1999.
17                           INTRODUCED BY:  _______________________