COMMITTEE ON CONSUMER PROTECTION AND COMMERCE

Wednesday, March 12, 2003

1:30 p.m.

Conference Room 325; State Capitol

AGENDA:

SB 373

SD1

(SSCR609)

RELATING TO CONDOMINIUM PROPERTY REGIMES.

Clarifies when the mortgagee of record or other purchaser of an apartment is deemed to acquire title and liable to pay the apartment's share of common expenses and assessments, pursuant to a foreclosure of a mortgage for unpaid assessments.

CPC, JUD

SB 394

(SSCR583)

RELATING TO CONDOMINIUM PROPERTY REGIMES.

Eliminates the requirement for recording a lien as a condition for an association of apartment owners to recover delinquent maintenance fees from a subsequent purchaser of an apartment, and instead, allows the association to provide a statement of amounts owed prior to the subsequent purchaser's acquisition of title.

CPC, JUD

SB 374

SD1

(SSCR749)

RELATING TO REAL ESTATE.

Defines "de minimis structure position discrepancies", and clarifies that the tolerance used to determine whether or not an encroachment falls within the statute is determined by the use of the affected abutting lot.

CPC, JUD

SB 1589

SD1

(SSCR607)

RELATING TO NONPROFIT CORPORATIONS.

Authorizes nonprofit corporations to adopt amendments to articles and bylaws to terminate, redeem, or cancel memberships. Authorizes members of nonprofit corporations to resign at any time, except for members of condominium associations and planned community associations. Authorizes nonprofit corporations to indemnify officers and directors and to advance funds for reimbursement of expenses.

CPC

SB 1229

SD1

(SSCR751)

RELATING TO NONPROFIT CORPORATIONS.

Requires certain nonprofit corporations in which the majority of board members are appointed by the State, or whose assets are payable to the State upon dissolution, or whose majority of funds are public funds, to comply with the state Sunshine laws (chapter 92) and the Uniform Information Practices Act (chapter 92F).

CPC, JUD

SB 574

SD1

(SSCR795)

RELATING TO CAPTIVE INSURANCE.

Clarifies captive insurance administrator's duties. Establishes insurance examiner positions within the captive insurance branch of DCCA. Appropriates funds.

CPC, FIN

SB 1058

SD1

(SSCR604)

RELATING TO CAPTIVE INSURANCE.

Authorizes the insurance commissioner to approve the investments of a captive insurance company beyond those permitted under the general investment provisions of the insurance code.

CPC, JUD

SB 1200

SD1

(SSCR605)

RELATING TO CAPTIVE INSURANCE.

Allows any two principal officers of a captive or the attorney-in-fact of a reciprocal insurer to sign a letter of financial condition. Clarifies the applicability of article III of the insurance code to captives. Makes other clarifications by replacing certain language with more appropriate terminology.

CPC

SB 1315

(SSCR802)

RELATING TO INSURANCE FRAUD.

Authorizes the Insurance Fraud Investigative Unit to retain the services of auditors, accountants, paralegals, and other professionals. Clarifies that the Unit's focus on prevention of insurance fraud includes an educational component.

CPC, FIN

SB 1077

SD1

(SSCR585)

RELATING TO CONTINUING EDUCATION FOR INSURANCE LICENSEES.

Increases the records retention requirement for workers' compensation claims from five to eight years.

CPC, FIN

SB 1057

(SSCR868)

RELATING TO THE INSURANCE COMMISSIONER.

Authorizes the Governor, rather than the Director of DCCA, to appoint the Insurance Commissioner, subject to the advice and consent of the Senate.

CPC, LMG, JUD

SB 1324

SD1

(SSCR980)

RELATING TO CONCILIATION PANELS.

Requires a claimant or the claimant's attorney to have the claim evaluated by a qualified physician, or make a good faith effort to consult with a qualified physician before claim can be filed with the Medical Claims Conciliation Panel (MCCP). Provides an option to use alternative dispute resolution (ADR) to evaluate a case after initial filing with the MCCP. Permits litigation if dispute not resolved through ADR. Amends the tolling provision of the statute of limitations when claims are filed with an ADR provider, and reduces the processing time from 18 months to 12 months.

CPC, JUD

SB 1319

SD1

(SSCR587)

RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT.

Replaces Uniform Limited Partnership Act with modified version of 2001 Revised Uniform Limited Partnership Act. Makes conforming amendments to related statutory provisions.

CPC, JUD, FIN

SB 1262

SD1

(SSCR876)

RELATING TO PROCUREMENT.

Requires that all offerors bidding on state contracts be incorporated or organized under the laws of the State and comply with all applicable state employment laws. Requires a pre-bid conference to be held at least fifteen days prior to submission of bids or proposals pursuant to section 103D-302 or 103D-303 for construction or design-build projects with a total contract value of $100,000 or greater. Establishes a Procurement Institute to improve and enhance the efficiency, integrity and transparency of the State procurement process. Provides that design professional services may only be procured under section 103D-304, Hawaii Revised Statutes, or pursuant to emergency procurement procedures. Requires that an independent selection committee rank the applying professional service providers according to relevant criteria. Requires the awarding procurement official to negotiate award of the contract with the providers in the rank order set by the committee. Requires equal distribution of contract awards where providers hold the same qualifications or ranking. Repeals state taxpayer procurement preference.

CPC, FIN

SB 1261

(SSCR902)

RELATING TO PROCUREMENT CARD PAYMENTS.

Allows purchases of goods and services to be made through the use of State-approved procurement cards.

CPC, FIN

SB 1553

SD1

(SSCR756)

RELATING TO MORTGAGE BROKERS AND SOLICITORS.

Exempts from the licensing laws for mortgage brokers and solicitors those developers of time share plans who make purchase money loans to purchasers of time share interests in time share plans.

CPC, FIN

SB 1533

SD2

(SSCR658)

RELATING TO TAXATION.

Requires excise tax exemption on assessments by condominium associations and other homeowner associations to also apply to time share associations.

CPC, FIN

SB 1306

(SSCR606)

RELATING TO TELECOMMUNICATIONS RELAY SERVICES.

Authorizes the PUC to establish a surcharge to collect customer contributions for telecommunications relay services; clarifies that the PUC shall require intrastate telecommunications carriers to file a schedule or rates and charges and every provider of telecommunications relay service to maintain a separate accounting for the costs of providing telecommunications relay services for the deaf, and persons with hearing and speech disabilities.

CPC, FIN

Decision making to follow.

 

 

COMMITTEE ON ECONOMIC DEVELOPMENT AND BUSINESS CONCERNS AND COMMITTEE ON HUMAN SERVICES AND HOUSING

Thursday, March 13, 2003

8:30 a.m.

Conference Room 325; State Capitol

AGENDA:

SB 1286

SD1

(SSCR847)

RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

Transfers the Housing and Community Development Corporation of Hawaii from the Department of Business, Economic Development, and Tourism to the Department of Human Services for administrative purposes.

EDB/HSH, LAB, FIN

SB 837

SD1

(SSCR875)

RELATING TO WORKFORCE DEVELOPMENT.

Establishes the workforce development task force to review and analyze the State's workforce development programs and to develop a detailed strategic plan for workforce development in the State. Requires the plan to be submitted to the legislature and the governor before the 2004 legislature. Requires the departments to annually report on their respective workforce development programs.

EDB, LAB, FIN

SB 855

SD1

(SSCR922)

RELATING TO ENERGY.

Extends indefinitely the period in which a tax credit may be applied for alternate energy systems; changes the amount of the tax credits. Repeals heat pump and ice storage tax credits. Directs the tax review commission to periodically review the tax credits, beginning July 1, 2010.

EDB, EEP, FIN

SB 1281

SD1

(SSCR872)

RELATING TO THE HIGH TECHNOLOGY DEVELOPMENT CORPORATION.

Exempts lands held by the High Tech Development Corp. from the management of the Department of Land and Natural Resources.

EDB, WLH, FIN

SB 1421

SD1

(SSCR805)

RELATING TO EARNED INCOME DEDUCTION FOR PUBLIC HOUSING RENT CALCULATION.

Requires the Housing and Community Development Corporation of Hawaii to deduct 25% of a public housing tenant's earned income when establishing the tenant's annual adjusted income for purposes of determining rent.

EDB, HSH, FIN

SB 1425

SD2

(SSCR956)

RELATING TO BUSINESS MENTORING OF YOUTH AND YOUNG ADULTS.

Appropriates unspecified amount of funds to establish a demonstration program of business mentoring for youth and young adults in career development and workplace and occupational skills.

EDB, LAB, FIN

Decision making to follow.

 

 

COMMITTEE ON HEALTH AND COMMITTEE ON HUMAN SERVICES AND HOUSING

Thursday, March 13, 2003

8:45 a.m.

Conference Room 329; State Capitol

AGENDA:

SB 1492

SD 1

RELATING TO ASSISTED LIVING FACILITIES.

Allows an existing condominium project under chapter

HLT/HSH, CPC, FIN

(SSCR768)

514A to become an assisted living facility subject to state law and regulations, if: (1) a separate entity is formed for the purpose of becoming a licensed assisted living facility, and each unit owner determines whether the owner's unit will be placed in the assisted living facility or the condominium project; and (2) the association contracts with a provider of assisted living services, which shall obtain a license for the assisted living facility in accordance with rules adopted by the Department of Health for the licensing of such facilities. Amends definition of "assisted living facility."

 

 

 

SB 1427

(SSCR767)

RELATING TO RELAY SERVICES FOR DEAF, HARD-OF-HEARING, AND SPEECH-IMPAIRED PERSONS.

HLT/HSH, CPC, FIN

 

Requires the Disability and Communication Access Board to monitor relay services for the deaf, hard-of-hearing, and speech-impaired.

 

SB 1360

SD 1

RELATING TO EMERGENCY MEDICAL SERVICES.

Deletes terminal condition as the sole circumstance

HLT, CPC, JUD

(SSCR633)

when "comfort care only-do not resuscitate" protocols may be initiated by in-the-field emergency response personnel to persons whose heart or breathing has stopped. Allows a person, a person's guardian, or agent, or surrogate with legal authority to make health-care decisions on behalf of the person to allow the withholding of cardiac resuscitation and artificial breathing or to revoke CCO-DNR documents.

 

SB 783

SD 1

(SSCR952)

RELATING TO THE EMPLOYEE'S RETIREMENT SYSTEM FOR EMERGENCY MEDICAL TECHNICIANS.

HLT, LAB, FIN

 

Allows emergency medical technicians to retire without penalty upon accruing 25 years of credited service.

 

SB 1321

RELATING TO MENTAL HEALTH.

HLT, CPC, FIN

(SSCR746)

Expands the definition of "serious mental illness" to enable individuals afflicted with serious mental illness to access the necessary treatment by continuing the parity reimbursement and treatment requirements for serious mental illness. Adds delusional disorder, bipolar types I and II, major depression, obsessive compulsive disorder, and dissociative disorder as serious mental illnesses.

 

SB 1238

SD 2

RELATING TO MENTAL HEALTH.

Recognizes, establishes, and sets forth an adult's and

HLT, JUD, FIN

(SSCR814)

emancipated minor's rights to make enforceable advance mental health care directives. Repeals chapter 327F relating to medical treatment decisions of psychotic disorders.

 

 

 

SB 695

SD 2

RELATING TO PROFESSIONAL COUNSELORS.

Establishes a professional counselors licensing

HLT, CPC, FIN

(SSCR797)

program effective 7/1/05, subject to the accumulation of a minimum $43,000 in a startup trust fund. Exempts government employees. Requires DCCA to report on the fund to the 2004 legislative session. Terminates the fund on 6/30/05 and mandates the fund balance to be deposited into the compliance resolution fund. Allows counselors with current national certification to be licensed upon application and payment of fees within one year of the licensing program's effective date. Authorizes the appointment of an administrative assistant and secretary. Effective 7/1/50.

 

SB 683

SD 2

RELATING TO DIABETES EDUCATION.

Requires diabetes education that is provided under a

HLT, CPC, FIN

(SSCR743)

health insurance policy to be provided through a program recognized by the American Diabetes Association or the National Committee for Quality Assurance, or by a certified diabetes educator.

 

SB 658

SD 1

(SSCR630)

RELATING TO EMERGENCY CONTRACEPTIVES FOR SEX ASSAULT SURVIVORS IN EMERGENCY ROOMS.

HLT, JUD, FIN

 

Authorizes nonreligious hospitals to provide emergency contraception to sexual assault survivors.

 

SB 1676

RELATING TO HEALTH.

HLT, LAB, FIN

(SSCR824)

Transfers the department of health's office of health care assurance to the state health planning and development agency. Renames the state health planning and development agency to the Hawaii health performance agency.

 

SB 1675

RELATING TO HEALTH.

HLT, JUD, FIN

(SSCR823)

Amends the certificate of need program by, inter alia, repealing letter of intent requirement, increasing expenditure minimums; adding geriatricians as primary care clinic providers; and increasing penalties for violations.

 

Decision making to follow.

 

 

COMMITTEE ON ENERGY AND ENVIRONMENTAL PROTECTION

Thursday, March 13, 2003

9:00 a.m.

Conference Room 312; State Capitol

AGENDA:

SB 492

(SSCR660)

AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR ENERGY EFFICIENCY IN STATE FACILITIES.

Authorizes the issuance of general obligation bonds for energy efficiency programs in state facilities.

EEP, FIN

SB 506

(SSCR921)

RELATING TO GEOTHERMAL ROYALTIES.

Allocates $250,000 per year from the State's portion of the geothermal royalties to DBEDT to fund hydrogen research and development.

EEP, FIN

SB 713

(SSCR652)

RELATING TO CLOSURE OF MUNICIPAL FACILITIES.

Expands the definition of "pollution control project" to include the closure of the project so that such closures will qualify for special purpose revenue bond funding.

EEP, FIN

SB 29

SD1

(SSCR599)

RELATING TO SPECIAL WASTES RECYCLING.

Directs department of health to adopt rules to establish a cathode ray tube recycling program by 7/1/08.

EEP, FIN

SB 1290

SD1

(SSCR572)

RELATING TO PRODUCT PROCUREMENT PREFERENCES BY STATE AGENCIES.

Encourages all agencies to purchase locally made recycled-content products and provides procurement preferences to Hawaii corporations that bid on state agency contracts.

EEP, JUD, FIN

SB 1517

SD2

(SSCR665)

RELATING TO ENVIRONMENTAL PROTECTION.

Increases the conveyance tax to provide a stable funding mechanism for the natural area reserves system and to address the problems of invasive species. Creates a $600,000 threshold at which the tax increase applies.

EEP, EDB, FIN

SB 1593

SD1

(SSCR924)

RELATING TO ENVIRONMENTAL JUSTICE.

Requires government agencies to develop, implement, and report on environmental justice strategies; creates an interagency working group to assist government agencies in discharging their environmental justice responsibilities; creates an advisory committee of non-governmental groups to advise the working group; requires environmental research, data collection, and analysis; requires agencies to consider environmental justice principles in determining whether an action will have a significant effect.

EEP, JUD, FIN

SB 319

SD 2

(SSCR659)

RELATING TO COUNTIES.

Establishes county requirements for separate collection and recycling of food waste by specified restaurants, food courts, hotels, markets, food manufacturers or processors, catering establishments, hospitals, schools, and businesses; requires inspections and dissemination of information about the requirements; authorizes a county to assess a surcharge; applies to counties of population 500,000 or greater; allows a county to request an exemption if DOH determines county recycling service is not available. Appropriates moneys for the establishment of the program.

EEP, JUD, FIN

Decision making to follow.

 

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

Thursday, March 13, 2003

11:00 a.m.

Conference Room 312; State Capitol

AGENDA:

SB 1080

SD 1

(SSCR 582)

RELATING TO PENALTIES.

Ensures that allowable waivers or reductions of penalties for small businesses will not apply to any laws protecting the environment or cultural resources.

WLH/EEP, TAC, JUD

SB 857

SD2

(SSCR 663)

RELATING TO ALIEN INVASIVE SPECIES.

Establishes the Hawaii invasive species council to perform certain functions to eradicate invasive species in Hawaii.

EEP/WLH, JUD, FIN

SB 843

SD1

(SSCR 782)

RELATING TO CONSERVATION OF AQUATIC LIFE, WILDLIFE, AND LAND PLANTS.

Allows state and county agencies to enter into habitat conservation plans and safe harbor agreements. Requires legislative approval of certain plans and agreements.

WLH/EEP, JUD, FIN

Decision making to follow.

 

COMMITTEE ON PUBLIC SAFETY AND MILITARY AFFAIRS

Thursday, March 13, 2003

9:15 a.m.

Conference Room 309; State Capitol

AGENDA:

HR 57/HCR 54

URGING THE STATE AND COUNTIES TO SUPPORT THE DEVELOPMENT AND ESTABLISHMENT OF AN OFFICIALLY RECOGNIZED URBAN SEARCH AND RESCUE TEAM IN HAWAII.

PSM

SB 1479

SD1

(SSCR910)

MAKING AN APPROPRIATION FOR VETERANS CEMETERIES.

Appropriates $____ and $_____ in FY 2003-2004 and 2004-2005 for maintenance at veterans cemeteries in the City and County of Honolulu, and the counties of Hawaii, Kauai, and Maui.

PSM, FIN

SB 1050

SD2

(SSCR899)

RELATING TO VETERANS RIGHTS AND BENEFITS.

Requires comptroller, on request of a deceased Filipino American veteran's survivor or interested party, to make payment of up to $2,500 directly to a mortuary or crematory for funeral/burial services and to transport the veteran's remains to the Philippines, upon submission of an unpaid invoice to the OVS. Appropriates $_____ for World War II Filipino veterans.

PSM, FIN

SB 344

SD2

(SSCR886)

RELATING TO PUBLIC SHELTERS.

Authorizes the issuance of general obligation bonds to increase the number of public shelters by retrofitting public buildings with the installation of hurricane protective measures.

PSM, FIN

SB 630

SD1

(SSCR635)

RELATING TO DISPOSITION OF CONVICTED DEFENDANTS.

Authorizes a three year pilot project that allows the judiciary to assume supervision and control over inmates in correctional facilities who qualify for the track IV phase of a drug court program.

PSM, JUD

SB 996

SD1

(SSCR939)

RELATING TO THE DEPARTMENT OF PUBLIC SAFETY.

Appropriates funds for department of public safety's drug treatment programs statewide.

PSM, FIN

Decision making to follow.