OFFICE OF THE SPEAKER

TWENTY-SECOND STATE LEGISLATURE

COMMITTEE REFERRALS

 

_______________________________________________________________________________________

NO. 3

6th LEGISLATIVE DAY-JANUARY 24, 2003

_______________________________________________________________________________________

Committee Abbreviations:

AGR - Agriculture

HSH - Human Services and Housing

CPC - Consumer Protection and Commerce

INT - International Affairs

EDB - Economic Development and

JUD - Judiciary

Business Concerns

LAB - Labor and Public Employment

EDN - Education

LMG - Legislative Management

EEP - Energy and Environmental Protection

PSM - Public Safety and Military Affairs

FIN - Finance

TAC - Tourism and Culture

HED - Higher Education

TRN - Transportation

HLT - Health

WLU - Water, Land Use & Hawaiian Affairs

________________________________________________________________________________________

 

HOUSE BILLS

 
   

Committee

H.B. NO.

 

REFERRAL

372

RELATING TO ADULT RESIDENTIAL CARE HOMES AND EXPANDED ADULT RESIDENTIAL CARE HOMES.

Conforms State ARCH and expanded ARCH inspection requirements with federal law by: (1) Requiring unannounced annual inspections; (2) Establishing criminal and civil penalties for persons who notifies or causes to be notified an ARCH or expanded ARCH of the date or time an inspection is scheduled to be conducted; and (3) Providing criteria for inspections. Requires the Department of Health, in conjunction with the Executive Office on Aging, the Department of Human Services, and county Fire Chiefs, to adopt rules on the scheduling and implementation of inspections by September 1, 2003. Mandates the Department of Health to implement unannounced inspections by December 31, 2003. Requires the Department of Health to provide information on inspections in its annual reports over the next four years.

HSH/HLT, JUD, FIN

373

RELATING TO POLITICAL SPEECH.

Regulates the use of personal covenants under the landlord-tenant code so that tenants may exercise reasonable political speech.

CPC, JUD

374

RELATING TO THE HAWAII HOME LOAN PROTECTION ACT.

Creates the Hawaii Home Loan Protection Act to protect the homes and equity of individual borrowers.

HSH, CPC/JUD

375

RELATING TO ELECTIONS.

Authorizes a candidate to withdraw from a race up to 4:30 p.m. on the third day after the candidate filing deadline.

JUD

376

RELATING TO THE ELDERLY.

Establishes causes of action and enhanced civil penalties to deter the abuse, neglect, and economic exploitation of Hawaii's elderly.

HSH, JUD, FIN

377

AUTHORIZING THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE FACILITIES.

Authorizes the issuance of special purpose revenue bonds to assist Pacific Cardiac Institute, Inc., a not-for-profit Hawaii corporation, or a Hawaii nonprofit affiliate of the same.

HLT, FIN

378

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE FACILITIES.

Extends the sunset date for the issuance of special purpose revenue bonds to assist Pacific Community Health & Wellness, Inc., a not-for-profit Hawaii corporation, or a Hawaii nonprofit affiliate of same.

HLT, FIN

379

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE FACILITIES.

Extends the sunset date for the issuance of special purpose revenue bonds to assist Pacific Saging Center, Inc., a not-for-profit Hawaii corporation, or a Hawaii nonprofit affiliate thereof.

HLT, FIN

380

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE FACILITIES.

Extends the sunset date for the issuance of special purpose revenue bonds to assist Pacific Sports Medicine and Research Center, Inc., a not-for-profit Hawaii corporation, or a Hawaii nonprofit affiliate thereof.

HLT, FIN

381

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE FACILITIES.

Extends the sunset date for the issuance of special purpose revenue bonds to assist Pacific Wellness Center, Inc., a not-for-profit Hawaii corporation, or a Hawaii nonprofit affiliate of the same.

HLT, FIN

382

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE FACILITIES.

Extends the sunset date for the issuance of special purpose revenue bonds to assist Pacific Women's Center, Inc., a not-for-profit Hawaii corporation, or a Hawaii nonprofit affiliate thereof.

HLT, FIN

383

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE FACILITIES.

Extends the sunset date for the issuance of special purpose revenue bonds to assist Wahiawa-Central Oahu Health Center, Inc., a not-for-profit Hawaii corporation, or a Hawaii nonprofit affiliate of Wahiawa-Central Oahu Health Center, Inc.

HLT, FIN

384

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE FACILITIES.

Extends the sunset date for the issuance of special purpose revenue bonds to assist Wahiawa General Hospital, Inc., a not-for-profit Hawaii corporation, or a Hawaii nonprofit affiliate of Wahiawa General Hospital, Inc.

LAB, JUD

385

RELATING TO THE PREVENTION OF WORKPLACE VIOLENCE.

Establishes procedures to prevent workplace violence.

LAB, CPC, FIN

386

RELATING TO WORKERS' COMPENSATION.

Extends workers' compensation insurance exemption to employers owning 50% or more of a limited liability company or a limited liability partnership.

LAB, CPC/JUD, FIN

387

Expands prohibition of stress-related claims for workers' compensation to include all lawful personnel actions.

LAB, FIN

388

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Requires ERS to review its investment managers through a formalized request for proposal process conducted every four years.

LAB, FIN

389

RELATING TO FAMILY LEAVE.

Requires an employer who provides sick leave for employees to use up to ten days of the employee's accrued and available sick leave for family leave purposes in a single calendar year, except when the use of sick leave for family leave purposes is subject to a valid collective bargaining agreement. Defines "sick leave" under the Family Leave Law (Chapter 398, Hawaii Revised Statutes).

LAB, FIN

390

RELATING TO LABOR.

Requires employers to provide employees with at least a 30-minute break for 8 hours of work, unless a collective bargaining agreement otherwise contains a provision for employee meal breaks, or provisions allowing public transit employees to select work assignments through a bidding system based on seniority.

LAB, FIN

391

RELATING TO COLLECTIVE BARGAINING.

Delays the transfer of civil service employees from the Public Employees Health Fund to the Hawaii Employer-Union Health Benefits Trust Fund from July 1, 2003 to July 1, 2004. Also, delays the implementation of statutorily set and automatically-computed amounts for employer contributions to the Hawaii Employer-Union Health Benefits Trust Fund from July 1, 2004 to July 1, 2005.

LAB, FIN

392

RELATING TO MANDATORY OVERTIME FOR NURSES.

Prohibits nurses from being required to work overtime.

HLT, LAB, FIN

393

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Requires retirees and beneficiaries of bargaining units 5 and 12 to be paid semimonthly. Allows nine, ten and eleven-month employees, elective officers, and appointees of the governor to specify the effective date of their retirement.

LAB, FIN

394

PROPOSING AN AMENDMENT TO ARTICLE XVI OF THE CONSTITUTION OF THE STATE OF HAWAII.

Makes public sector retiree health benefits inalienable.

LAB, JUD, FIN

395

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Converts all new members of collective bargaining unit 5, teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent, to class A contributory members of the Employees' Retirement System. Allows existing members the opportunity to convert from class C to class A.

LAB, FIN

396

RELATING TO ADULT RESIDENTIAL CARE HOMES.

Increases state supplemental payments to recipients in Type I and Type II adult residential care homes to $        and $       , respectively. Appropriates $         in FY 2003-2004 and $        in FY 2004-2005.

HSH, FIN

397

RELATING TO GOVERNMENT RECORDS.

Repeals minimum 5 per page copying fee and establishes 25 per page copying fee cap for government records.

JUD, FIN

398

MAKING AN APPROPRIATION FOR THE DEVELOPMENTAL DISABILITIES SERVICES BRANCH OF THE DEPARTMENT OF HEALTH.

Appropriates funds for the Developmental Disabilities Services Branch of the Department of Health.

HLT, FIN

399

MAKING AN APPROPRIATION FOR A CITIZENSHIP PROJECT.

Appropriates funds for citizenship project targeted to reach non-citizens participating in state-funded public assistance programs.

HSH, FIN

400

RELATING TO THE MANAGEMENT OF FINANCING AGREEMENTS.

Prohibits agencies from entering into new financing agreements for capital improvement projects, including certificates of participation, after June 30, 2003.

FIN

401

RELATING TO ELECTIONS.

Allows the elections appointment and review panel to remove the chief election officer at any time for good (rather than "any") cause.

JUD

402

RELATING TO CAPITAL IMPROVEMENT PROJECTS FOR THE BENEFIT OF THE TWENTY-SECOND REPRESENTATIVE DISTRICT.

Appropriates funds for capital improvement projects for the benefit of the 22nd representative district.

FIN

403

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Changes basis for calculating retirement allowances for legislative officers appointed after June 30, 2003, from three and one-half percent per year to two percent. Applies on a prospective basis only.

LMG, LAB, FIN

404

RELATING TO THE LEGISLATURE.

Repeals the office of the legislative analyst and creates, in its place, the legislative budget office. Appropriates funds.

LMG, FIN

405

RELATING TO UTILIZATION OF FEDERAL FUNDS.

Prohibits the Governor and the Director of Finance from restricting any state agency's ability to expend federal grant moneys if already approved by the granting federal agency.

FIN

406

RELATING TO HOUSING.

Prohibits landlords from preventing persons 62 years old and over and disabled persons from owning an animal in a condominium, cooperative, or planned unit development with 6 or more units privately owned or rented if rented or purchased by a senior citizen or disabled person.

HSH, CPC, FIN

407

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/PSM, JUD, FIN

408

RELATING TO EMPLOYMENT PRACTICES.

Amends the whistleblowers' protection act by expanding protected activities, extending the limitations period, and increasing fines.

LAB, JUD

409

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

410

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

411

RELATING TO THE PROHIBITION OF DISCRIMINATION BY PUBLIC ENTITIES AGAINST INDIVIDUALS WITH DISABILITIES.

Prohibits discrimination on the basis of disability in services, programs, and activities provided by the counties, or by private entities on behalf of the State or counties.

HLT, JUD, FIN

412

RELATING TO INSURANCE.

Requires insurance reimbursements for services provided by physician nutrition specialists to be commensurate with reimbursements for services provided by other board certified physician specialists.

HLT, CPC

413

RELATING TO THE OFFICE OF ELECTIONS.

Transfers the office of elections from the Lt. Governor's office to the Office of the Auditor for administrative purposes.

LMG, JUD, FIN

414

RELATING TO THE DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES.

Reenacts the requirement that DAGS publish in a newspaper of general circulation the financial statements that are presently submitted to the Governor.

FIN

415

RELATING TO PAWNBROKERS AND SECONDHAND DEALERS.

Prohibits pawnbrokers and secondhand dealers from accepting pledged goods or buying merchandise from a person unable to supply proof of ownership of the goods or merchandise, when the fair market value of the goods or merchandise to be pledged or bought is greater than $100.

CPC, JUD

416

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII TO REQUIRE THE GOVERNOR TO APPOINT THE MEMBERS OF THE BOARD OF EDUCATION.

Proposes an amendment to article X, section 2, of the Constitution of the State of Hawaii to require the governor to nominate and, by and with the advice and consent of the senate, appoint the members of the board of education.

EDN, JUD, FIN

417

PROPOSING AMENDMENTS TO THE STATE CONSTITUTION TO ABOLISH THE BOARD OF EDUCATION AND GIVE THE GOVERNOR THE POWER TO APPOINT THE SUPERINTENDENT OF EDUCATION AS THE CHIEF EXECUTIVE OFFICER OF THE PUBLIC SCHOOL SYSTEM.

Proposes amendments to the state constitution to abolish the board of education and give the governor the power, as provided by law, to nominate and, by and with the advice and consent of the senate, appoint the superintendent of education as the chief executive officer of the public school system.

EDN, JUD, FIN

418

MAKING AN APPROPRIATION FOR THE UNIVERSITY OF HAWAII.

Appropriates funds for the University of Hawaii college of education to hire teachers to provide teacher training for UH Manoa and UH Hilo instructional faculty.

HED, FIN

419

RELATING TO THE BOARD OF EDUCATION.

Allows the department of education to appoint or retain by contract attorneys independent of the attorney general.

EDN, JUD, FIN

420

RELATING TO TEACHER EDUCATION.

Creates a tuition reimbursement program for individuals who complete a state-approved teacher education program in Hawaii and who teach in the Hawaii public school system for a minimum of 6 consecutive years.

EDN/HED, FIN

421

RELATING TO CHARTER SCHOOLS.

Prohibits a student, other than a student who is a resident of the State, from enrolling in a new century charter school or new century conversion charter school.

EDN, JUD, FIN

422

RELATING TO A CENTER FOR NURSING.

Establishes a center for nursing at the University of Hawaii, governed by board of directors. Requires center to conduct research on staffing needs for nurses and other assistive healthcare personnel. Requires 10% of all revenues collected by board of nursing to be deposited into center for nursing special fund.

HED/HLT, FIN

423

RELATING TO CANCER DETECTION SPECIAL FUND.

Establishes cancer detection special fund in DOH to encourage Hawaii-based development of technology to detect early stage cancer. Authorizes annual deposits from cigarette and tobacco special fund in excess of $         . Requires director of health to solicit advice on disbursement of funds.

HLT, FIN

424

RELATING TO CLAIMS AGAINST THE UNIVERSITY OF HAWAII.

Appropriates funds for the settlement of claims against the University of Hawaii.

HED, JUD, FIN

425

RELATING TO OCEAN.

Effectuates the title of this Act, relating to ocean.

WLH

426

RELATING TO PUBLIC LANDS.

Authorize the department of land and natural resources to issue new leases to existing lessees for specific parcels on Kauai.

WLH, FIN

427

RELATING TO HAWAIIAN AFFAIRS.

Reauthorizes the Hui `Imi advisory council.

WLH, FIN

428

RELATING TO PUBLIC LAND LEASES.

Provides that recreation-residence use leases and lease renewals are not to exceed twenty years for each renewal.

WLH, HSH, FIN

429

RELATING TO PROFESSIONAL EMPLOYMENT ORGANIZATIONS.

Exempts professional employment organizations from paying general excise taxes on amounts that client companies give them that are disbursed by the professional employment organizations for wages and other benefits.

EDB, FIN

430

RELATING TO MOTOR VEHICLE INSURANCE.

Appropriates general funds for the insurance commissioner and the department of commerce and consumer affairs to develop and operate an electronic database to receive insurance coverage data from insurers and accessible by law enforcement officers in their efforts to verify a driver's insurance coverage.

CPC, FIN

431

MAKING AN APPROPRIATION FOR EROSION CONTROL MEASURES ALONG KAWA STREAM IN KANEOHE, HAWAII.

Appropriates funding for erosion control along Kawa Stream in Kaneohe.

WLH, FIN

432

RELATING TO STREAM EROSION.

Appropriates funds for a study to prevent erosion of the banks of Kawa Stream, Kaneohe, Oahu.

WLH, FIN

433

RELATING TO STATE BONDS.

Authorizes issuance of general obligation bonds.

FIN

434

RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR NORTH HAWAII COMMUNITY HOSPITAL, INC.

Authorizes the issuance of special purpose revenue bonds for North Hawaii Community Hospital.

HLT, FIN

435

RELATING TO FEASIBILITY OF CELLULAR TELEPHONE TRANSMISSION AND RECEPTION BEYOND KEEAU BEACH PARK.

Requires the department of accounting and general services to determine the feasibility of erecting a repeater station to improve cellular telephone transmission and reception in the area beyond Keeau beach park.

WLH, FIN

436

MAKING AN APPROPRIATION TO FUND A SECOND AMBULANCE TO SERVE THE WAIANAE COAST.

Appropriates $         and $          for FY 2003-2004 and FY 2004-2005 to department of health to fund a 2nd ambulance to operate on the Waianae Coast.

HLT, FIN

437

RELATING TO TOURISM.

Supports development of alternative accommodations and educational and cultural tourism industries. Requires the Hawaii Tourism Authority to integrate consideration of these industries into marketing plans and establishes a task force of industry and state and county representatives to survey the industries, develop communication within and between industries, identify needed regulatory and other change, and recommend legislation.

TAC, FIN

438

RELATING TO THE UNIVERSITY OF HAWAII.

Establishes a college of education at the University of Hawaii-West Oahu.

HED, FIN

439

RELATING TO HAWAIIAN HOME LANDS.

Directs that clean-up and infrastructure for the Hawaiian home lands at Kalaeloa be placed on a fast track.

WLH, FIN

440

RELATING TO FEASIBILITY OF CONSTRUCTING AN EXERCISE PATH ALONG THE WAIANAE COAST.

Directs the department of accounting and general services to conduct a feasibility study of constructing an exercise path along the Waianae coast from Maili beach park to Makaha surfing beach.

TRN, WLH, FIN

441

RELATING TO INCOME TAX CREDITS.

Provides an income tax credit for school tuition.

EDN, FIN

442

RELATING TO INCOME TAX CREDITS.

Allows income tax credits for contributions to a school tuition organization.

EDN, FIN

443

RELATING TO GOVERNMENT RECORDS.

Requires agencies to provide electronic copies of government records; allows agencies to charge a reasonable fee, adopted pursuant to chapter 91, for electronic copies of records; allows agencies to provide remote access to government records.

LMG, JUD, FIN

444

RELATING TO CONDOMINIUMS.

Adds trash chutes and elevator telephones to list of limited common elements. Redefines limited common elements.

CPC, JUD

445

RELATING TO THE UNIFORM COMMERCIAL CODE.

Amends articles 3 and 4 of the uniform commercial code relating to commercial paper.

CPC/JUD

446

RELATING TO ADULT RESIDENTIAL CARE HOMES.

Codifies licensing qualifications and personnel, staff, and family requirements for Type I and Type II ARCHs and expanded ARCHs. Allows unannounced inspections of ARCHs during or outside normal business hours.

HLT/HSH, FIN

447

RELATING TO CONTINUING EDUCATION FOR INSURANCE LICENSEES.

Establishes a certification process requirements for providers of continuing education courses for insurance licensees. Establishes requirements relating to courses offered.

CPC, FIN

448

RELATING TO TRANSIENT ACCOMMODATIONS TAX.

Provides an exception to the transient accommodations tax for dinner parties and related events held at accommodations that would otherwise be liable under the transient accommodations tax law.

TAC, FIN

449

RELATING TO CAPITAL IMPROVEMENT PROJECTS FOR THE BENEFIT OF THE NINTH REPRESENTATIVE DISTRICT.

Appropriates funds for capital improvement projects for the benefit of the 9th representative district.

FIN

450

RELATING TO WORKERS' COMPENSATION.

Allows employers to establish individual medical trust accounts to cover the health care expenses of employees arising from work-related injuries.

LAB, CPC, FIN

451

RELATING TO EDUCATION.

Purposes constitutional amendments making the department of education a political subdivision headed by the board of education and authorizing the board to impose an education excise tax.

EDN, JUD, FIN

452

RELATING TO MANAGED COMPETITION.

Establishes a process for managed competition pursuant to section 6 of Act 230, Session Laws of Hawaii 1998, to allow the State and counties to contract with private sector vendors for the provision of government services, or to allow those service to be performed in-house, as appropriate.

LAB, FIN

453

RELATING TO AGRICULTURAL LAND PRESERVATION.

Provides standards, criteria, to conserve and protect agricultural lands through designation of important agricultural land. Allows transfer of development credits. Provides incentives for landowners to keep important agricultural lands in agricultural uses.

AGR, WLH, FIN

454

RELATING TO LAND USE.

Establishes a land evaluation and site assessment rating system. Requires the land use commission to establish the boundaries of the important agricultural lands district, the conservation district, and the other lands district. Abolishes urban, rural, and agricultural districts.

WLH, AGR, FIN

455

RELATING TO CAPITAL IMPROVEMENT PROJECTS FOR THE BENEFIT OF THE THIRTY-FIFTH REPRESENTATIVE DISTRICT.

Appropriates funds for capital improvement projects for the benefit of the 35th representative district.

FIN

456

RELATING TO TOWING.

Increases fees for towing a vehicle; authorizes towing companies to charge an additional fee if a vehicle hookup takes longer than fifteen minutes.

TRN, CPC, FIN

457

RELATING TO TOWING.

Requires commercial tow trucks to be registered and to display distinguishing license plates and decals. Provides that the director of finance shall establish a schedule of tow truck registration fees. Provides that noncompliance with registration requirements prohibits the tow operator to collect charges for a tow or as a condition to release a towed vehicle.

TRN, CPC, FIN

458

RELATING TO WHARFAGE FEES.

Exempts interstate and intrastate shipping cargo from wharfage fees at intermediate ports within the State.

TRN, FIN

459

RELATING TO MOTOR VEHICLE INSURANCE.

Precludes uninsured motorists and DUI drivers from recovering noneconomic losses in a motor vehicle accident.

TRN, CPC, JUD

460

RELATING TO THE ELDER JUSTICE ACT.

Adopts the Elder Justice Act to increase penalties for abuse, neglect, or economic exploitation of dependent elders.

HSH, JUD

461

RELATING TO GOVERNMENT.

Transfers HCDA and ATDC, which are currently placed within DBEDT for administrative purposes, to DOT for administrative purposes.

EDB, TRN/LAB, FIN

462

RELATING TO THE EMPLOYER-UNION BENEFITS TRUST PLAN.

Excludes administrative costs from the establishment of health benefits plan and long-term care benefits plan rates.

LAB, FIN

463

RELATING TO GAMBLING.

Requires that if gambling is legalized in any form, then any business that operates a gambling enterprise shall give a preference to Hawaii businesses for the purchase of any product or service involving the gambling operation.

EDB, JUD, FIN

464

RELATING TO TAX.

Increases the General Excise Tax rate to 5-1/2%; Exempts food and drugs from the GET, and caps the income tax rate at 5%.

FIN

465

RELATING TO ENVIRONMENT.

Short form bill relating to environment.

EEP

466

RELATING TO ENVIRONMENT.

Short form bill relating to environment.

EEP

467

RELATING TO SOLID WASTE.

Short form bill relating to solid waste.

EEP

468

RELATING TO ENERGY.

Short form bill relating to energy

EEP

469

RELATING TO ALTERNATIVE FUELS.

Short form bill relating to alternative fuels.

EEP

470

RELATING TO ENVIRONMENTAL IMPACT.

Requires the disclosure and proposed mitigation of environmental justice impacts in environmental impact statements.

EEP, JUD, FIN

471

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.

Authorizes OEQC to review and override the determination of an agency's determination of whether its proposed action requires an environmental impact statement. Requires an environmental assessment for proposed wastewater facilities, waste-to-energy facilities, landfills, oil refineries, and power generating facilities.

EEP, CPC, FIN

472

RELATING TO CLEAN WATER.

Increases, from $25,000 to $40,000, the fine for each violation of the water pollution law, or any rule, permit, or variance issued under that law. Enacts provisions relating to muddy water, underground injection, and nutrients. Allows citizen suits.

WLH/EEP, JUD, FIN

473

RELATING TO THE PUBLIC UTILITIES COMMISSION.

Requires the public utilities commission to maintain a web site that includes all decisions and orders, and listings of open dockets, upcoming meetings, and pending deadlines. Requires applicants to provide the commission with PDF-formatted compact discs or other electronic format prescribed by the commission, for all filed documents. Provides that the time period within which commission action is due starts to run upon the posting of a substantially complete filing on the web site.

EEP, CPC, FIN

474

MAKING AN APPROPRIATION FOR THE EMERGENCY ENVIRONMENTAL WORKFORCE.

Appropriates funds to continue the emergency environmental workforce program.

LAB, EEP, FIN

475

RELATING TO THE PUBLIC UTILITIES COMMISSION.

Requires the Auditor to conduct a management audit of the public utilities commission and submit report to legislature and governor before convening of regular session of 2004.

LMG, CPC/EEP, FIN

476

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. Provides for the enforcement of habitat conservation plans and safe harbor agreements through citizen lawsuits.

WLH/EEP, JUD, FIN

477

RELATING TO COFFEE.

Prohibits the importation of unroasted coffee beans.

AGR, FIN

478

PROPOSING AN AMENDMENT TO ARTICLE V OF THE STATE CONSTITUTION TO MAKE THE INSURANCE COMMISSIONER AN ELECTED OFFICIAL.

Proposes a constitutional amendment to make the insurance commissioner an elected official.

CPC, JUD, FIN

479

RELATING TO CAPITAL IMPROVEMENT PROJECTS FOR THE BENEFIT OF THE FIFTH REPRESENTATIVE DISTRICT.

Appropriates funds for capital improvement projects for the benefit of the 5th representative district.

FIN

480

RELATING TO AGRICULTURAL PARKS.

Repeals the law prohibiting the disposition of not more than 2 lots within an agricultural park for the processing, marketing, and displaying of agricultural crops or commodities. Requires an agricultural commercial venture operation to be owned by a park lessee in order to sell to the general public.

AGR, FIN

481

RELATING TO CONFLICTS OF INTERESTS OF LEGISLATORS.

Prohibits legislators from working as lobbyists, or representatives of special interests.

LMG, JUD

482

RELATING TO DRUG TREATMENT.

Provides tax credit to businesses that offer drug treatment programs to its employees.

LAB, FIN

483

RELATING TO CRIMINAL TRESPASS.

Provides that any person who enters or remains unlawfully in or upon the premises of any state or county government building or other facility, after reasonable warning or request to leave by state or county authorities or a police officer, commits the offense of criminal trespass in the 1st degree.

JUD

484

RELATING TO THE PROTECTION AGAINST INTERRUPTION OF COMMERCE.

Mandates the governor to intervene where furnishing of services by the stevedoring industry is disrupted. Imposes a 10-day time limit after a finding of a danger to public safety to minimize disruption of flow of vital goods.

LAB/EDB, FIN

485

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR HANAHAU`OLI SCHOOL.

Authorizes issues of SPRBs in amount not to exceed $5,000,000 to assist Hanahau`oli School finance the construction and improvement of its educational facilities and to acquire land.

EDN, FIN

486

RELATING TO WORKERS' COMPENSATION.

Deems treatment appointments to be periods of temporary partial disability.

LAB, CPC, FIN

487

RELATING TO WORKERS' COMPENSATION.

Gives the supreme court or appellate board discretion for awarding proceeding costs and reasonable attorney's fees if appeal is initiated by an employee and the employer loses. Sets standards for this discretion.

LAB, CPC/JUD, FIN

488

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR MID-PACIFIC INSTITUTE.

Authorizes the issuance of special purpose revenue bonds to assist Mid-Pacific Institute.

EDN, FIN

489

MAKING AN APPROPRIATION FOR HIRING ADDITIONAL POLICE OFFICERS TO BE ASSIGNED TO HONOLULU POLICE DEPARTMENT DISTRICT NUMBER FOUR.

Appropriates funds to the city and county of Honolulu as a grant-in-aid to hire additional police officers to be assigned to Honolulu police department district number four.

FIN

490

RELATING TO THE PENAL CODE.

Imposes enhanced sentences for adults who promote dangerous, harmful, or detrimental drugs to minors or who sell drugs near schools or school vehicles, including mandatory terms of imprisonment without possibility of probation or suspension of sentence.

EDN, JUD

491

RELATING TO INCOME TAX LAW.

Extends the effective duration of alternative energy income tax credits for 5 years through 7/1/08.

EEP, FIN

492

RELATING TO SMOKING IN PUBLIC PLACES.

Prohibits smoking in all buildings, facilities, and grounds of Hawaii public schools.

EDN, JUD

493

RELATING TO SCHOOL FACILITIES.

Transfers the construction, repair, and maintenance of public schools from the DAGS to the DOE effective 1/1/2004.

EDN, LAB, FIN

494

RELATING TO COASTAL ZONE MANAGEMENT.

Transfers the responsibilities for the State's coastal zone management program from the office of planning to the department of land and natural resources; requires public advisory body to include planning director from each county.

WLH, LAB, FIN

495

RELATING TO COASTAL ZONE MANAGEMENT.

Provides that the edge of vegetation shall not be considered in determining the shoreline when the edge of vegetation was created or extended by plantings done through human intervention.

WLH, JUD

496

RELATING TO INTERNATIONAL AFFAIRS.

Short form bill relating to international affairs.

INT

497

RELATING TO INTERNATIONAL AFFAIRS.

Short form bill relating to international affairs.

INT

498

RELATING TO INTERNATIONAL CYBERSEX OFFENSES.

Relating to international cybersex offenses (short form).

INT, JUD

499

RELATING TO TAXATION.

Creates a dedicated source of funding for education by dedicating personal income tax revenues for education.

EDN, FIN

500

RELATING TO FAMILY COURTS.

Allows the family court, in its discretion, to commit a minor who sells or distributes drugs to a youth correctional facility for a mandatory period of time. Requires the minor, and the minor's parents, guardians, or legal custodians, to attend a substance abuse education and counseling program.

JUD

501

RELATING TO THE ELDERLY.

Appropriates funds to the Executive Office on Aging to provide elderly services through community centers.

HSH, FIN

502

RELATING TO CORPORATIONS.

Amends corporation law to prohibit corporations from making contributions to a candidate, ballot issue committee, candidate's committee, noncandidate committee, party, or political committees established and maintained by a national political party.

JUD

503

MAKING AN APPROPRIATION FOR AMBULANCE SERVICES FOR THE KIHEI/WAILEA AND KULA/MAKAWAO/PUKALANI REGIONS OF MAUI FOR FY 2003-2004.

Appropriates $ for 24-hour ambulance services for the Kihei/Wailea and Kula/Makawao/Pukalani regions of Maui for FY 2003-2004.

HLT, FIN

504

RELATING TO FORCE-PLACED INSURANCE.

Prevents exorbitant and arbitrary markups of insurance rates by lenders to their borrowers. Eliminates rules of 78 calculations that are excessively and unfairly profitable at the borrower's expense.

CPC

505

RELATING TO TELEPHONE SOLICITATION.

Provides for a new section to Chapter 481P, Telemarketing Fraud Prevention Act, establishing limitations on, and penalties for, making unwanted telephone solicitations.

CPC, JUD

506

RELATING TO SUMMARY POSSESSION.

Requires venue for a residential landlord-tenant summary possession action to be in small claims court unless all parties agree to move the action to district court.

JUD

507

RELATING TO EMERGENCY MEDICAL TECHNICIANS.

Allows an emergency medical technician to receive a state retirement pension after ten years of service -- five years prior to retirement were served as an emergency medical technician -- after June 30, 2003. Clarifies that after twenty-five years of service, the emergency medical technician's pension shall not be reduced.

HLT, LAB, FIN

508

RELATING TO WORKERS' COMPENSATION INSURANCE.

Repeals the exemption for Hawaii Employers' Mutual Insurance Company, Inc. (HEMIC), from Special Compensation Fund assessments.

CPC, FIN

509

RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT.

Creates a collective bargaining unit for substitute teachers of the DOE, including part-time employees working less than one-half of a full-time equivalent. Allows the members of bargaining unit (14) to strike. Prohibits bargaining over wages as long as the wages of these employees are established in law.

LAB, FIN

510

RELATING TO GOVERNMENT.

Establishes a system of managed competition in the State. Regulates the privatization of government services.

LAB, FIN

511

RELATING TO COLLECTIVE BARGAINING.

Authorizes the Legislature and the city councils to reject individual cost items agreed to during collective bargaining negotiations.

LAB, FIN

512

RELATING TO HEALTH.

Abolishes the Hawaii health systems corporation and returns all community hospitals to the DOH under division of community hospitals.

HLT, LAB, FIN

513

RELATING TO INCOME TAXATION.

Increases the capital goods income tax credit from 4% to 10% for taxable years beginning after 12/31/03, 8% for taxable years beginning after 12/31/05, and 4.5% for taxable years beginning after 12/31/07.

FIN

514

RELATING TO SEXUAL OFFENDERS.

Provides that repeat sexual offenders who have been convicted on two prior and separate occasions for an offense under section 707-730, 707-731, 707-732, or 707-733.5 shall be placed on lifetime probation upon release from prison.

JUD

515

RELATING TO CANCER.

Establishes a breast and cervical cancer treatment program to assist individuals who are diagnosed with breast or cervical cancer by the Hawaii breast and cervical cancer control program, but who are not eligible for federally-funded medicaid coverage as provided by the Breast and Cervical Cancer Prevention and Treatment Act of 2000. Appropriates funds.

HSH/HLT, FIN

516

RELATING TO SOCIAL SECURITY NUMBERS.

Removes social security number requirement for driver's license. Authorizes the submission of identifying documents.

JUD

517

RELATING TO HUMAN SERVICES.

Restores basic dental services for adults covered by QUEST medical assistance programs on a fee-for-service basis. Appropriates $    in FY 2003-2004 and $       in FY 2004-2005.

HSH/HLT, FIN

518

RELATING TO HUMAN SERVICES.

Abolishes enrollment cap for the QUEST program and allows enrollment of all adults who meet program income and asset eligibility criteria. Appropriate $       for FY 2002-2004 and $       for FY 2004-2005.

HSH, FIN

519

RELATING TO THE ELDER JUSTICE ACT.

Adopts the Elder Justice Act to increase penalties for abuse, neglect, or economic exploitation of dependent elders.

HSH, JUD

520

RELATING TO HEALTH CARE FACILITIES.

Extends the issuance deadline for special purpose revenue bonds for the Honolulu Neighborhood Housing Services.

HLT/HSH, FIN

521

RELATING TO AN ANNUAL GENERAL EXCISE TAX HOLIDAY.

Establishes an annual general excise tax holiday for consumers and businesses that sell goods with a retail price under $100 on condition that businesses pass the savings on to consumers.

EDB, FIN

522

MAKING AN APPROPRIATION TO ENHANCE AGRICULTURAL TOURISM VENUES.

Appropriates $150,000 from the tourism special fund to enhance agricultural tourism venues.

AGR, TAC, FIN

523

RELATING TO AGRICULTURAL TOURISM.

Allows agricultural tourism that is conducted as part of a working farm or agricultural processing facility on lands classified as agricultural lands.

AGR, TAC, FIN

524

RELATING TO LANDOWNERS' LIABILITY.

Limits civil liability for landowners who allow hunters to use their property for hunting.

WLH, JUD

525

RELATING TO ABSENTEE VOTING.

Requires absentee ballots to be returned no later than 1 day prior to an election day. Requires a signature envelope, separate from the return envelope, to ensure privacy and security for absentee voters who mail in their ballots.

JUD, FIN

526

RELATING TO HOME OCCUPATIONS WITHIN AGRICULTURAL DISTRICTS.

Authorizes counties to permit home occupations in agricultural districts without requiring a special permit; defines "home occupation".

WLH, JUD

527

RELATING TO ATTACHMENT AND EXECUTION.

Amends the attachment and execution law to increase real property and alternative real property exemptions and the motor vehicle exemption; provide for separate individual exemptions for spouses and reciprocal beneficiaries; and add a "wild card" exemption for personal property that is not otherwise exempt.

CPC, FIN

528

RELATING TO COUNTY LIABILITY.

Provides that counties shall not be liable to persons for civil damages resulting from the use or occupancy of public parks, including skateboard parks.

TAC/WLH, JUD, FIN

529

RELATING TO CAVE PROTECTION.

Permits entry into caves that are part of state or county parks if entry signs are posted. Expands allowable purposes for entering the caves to include recreational uses. Protects the State and counties from liability where open entry to caves is granted when entry and warning signs are posted.

WLH, JUD

530

RELATING TO SMALL BUSINESS DEVELOPMENT.

Appropriates $1,225,000 to fund various items at the Small Business Development Center.

EDB, HED, FIN

531

RELATING TO PUBLIC EMPLOYEES.

Requires the proposed adjustments to compensation and benefit packages for excluded civil service employees to be at least equivalent to the adjustments provided within the employer's jurisdiction.

LAB, FIN

532

RELATING TO ENERGY.

Authorizes the issuance of revenue bonds to finance the acquisition, construction, rehabilitation, installation, and improvement of solar energy, energy conservation, and renewable energy facilities and equipment for various agencies, departments, and enterprises of the State.

EEP, CPC, FIN

533

RELATING TO GOVERNMENT ETHICS.

Broadens the scope of Standards of Conduct, as provided for in section 84-17, Hawaii Revised Statutes.

JUD

534

RELATING TO CAMPAIGN CONTRIBUTIONS.

Reduces campaign contribution limits by 50%.

JUD

535

RELATING TO THE EMPLOYEE RETIREMENT SYSTEM.

Requires the board of trustees of the Employees Retirement System to invest 2 percent of its investment portfolio in Hawaii-based firms.

EDB, LAB, FIN

536

RELATING TO SPECIAL FACILITY REVENUE BONDS.

Allows the HCDA to issue special facility revenue bonds for up to $20,000,000 from July 1, 2001, to June 30, 2011, to construct, furnish, and equip an ocean science center in Kakaako.

EDB, FIN

537

RELATING TO CIVIL RIGHTS.

Adds sexual orientation as a protected status for laws prohibiting discrimination in housing. Creates an additional exemption to discrimination in housing law. Adds sexual orientation and familial status as protected statuses in anti-blockbusting law.

JUD

538

RELATING TO HIGH TECHNOLOGY TAX INCENTIVES.

Clarifies the application of tax incentives relating to royalties, copyrights, or trade secrets excluded from gross income, and the high technology business investment tax credit.

EDB, FIN

539

RELATING TO REUSABLE RESOURCE CENTER.

Establishes a reusable resource center on state property through a public-private partnership, to collect and distribute recyclable materials for teachers and others to use as tools for creative learning in classrooms and the community. Appropriates funds to the department of education.

EDN, JUD, FIN

540

RELATING TO FILM INDUSTRY.

Expands the tax credit for motion picture and film production to include up to an unspecified amount of the costs of wages and salaries, capped at $25,000 per employee; includes commercials in motion picture and film production.

EDB, FIN

541

RELATING TO WORKFORCE DEVELOPMENT.

Establishes the workforce development strategic planning committee comprised of members representing private sector technology industries 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.

EDB, LAB, FIN

542

RELATING TO AGRICULTURAL COMMODITIES.

Includes silvicultural products in the definition of agricultural products, and removes the monetary value and weight requirements that trigger the need for a certificate of ownership for the sale or resale of agricultural products.

AGR, FIN

543

RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION.

 

AGR, FIN

544

RELATING TO ORGANIC LABELING.

Prohibits the labeling of agricultural products as "organic" unless the method of production has been so certified. Requires certifying agents to register and be accredited by the USDA. Establishes administrative penalties.

AGR, CPC

545

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

546

RELATING TO THE STATE WATER CODE.

Requires the state Commission on Water Resource Management to delegate to the board of agriculture the same authority to allocate water for irrigation purposes, as that delegated to the county boards of water supply to allocate the use of water for municipal purposes.

AGR, WLH

547

RELATING TO OFFENSES AGAINST PROPERTY RIGHTS.

Changes the penalty for criminal trespass in the first degree from a misdemeanor to a class C felony.

AGR/WLH, JUD

548

RELATING TO ANATOMICAL GIFTS.

Repeals the sunset date of Act 88, Session Laws of Hawaii 1999.

HLT, CPC, JUD

549

RELATING TO THE CIGARETTE AND TOBACCO TAX.

Raises the excise tax on tobacco products from 6.00 cents per cigarette to 8.00 cents per cigarette after June 30, 2003, 9.00 cents per cigarette after June 30, 2004, and 10.00 cents per cigarette after June 30, 2005. Raises the excise tax on other tobacco products from forty to fifty per cent.

HLT, FIN

550

RELATING TO THE DEVELOPMENT OF MEDICAL FACILITIES.

 

EDB/HLT, FIN

551

RELATED TO THE STATE HEALTH PLANNING AND DEVELOPMENT AGENCY.

Exempts a master planned health care center and retirement community from the certificate of need process.

EDB/HLT, FIN

552

RELATING TO INSURANCE.

Increases the retention time of records of insurance agents, adjusters, and independent bill reviewers from five to eight years.

CPC, FIN

553

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Restores the method used to calculate a member's average final compensation.

LAB, FIN

554

RELATING TO GOVERNMENT.

Authorizes a board of water supply serving a population of 500,000 or more persons, to implement an experimental civil service modernization project without the approval from the Mayor.

LAB, JUD, FIN

555

MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS.

Provides fund authorizations and appropriations for collective bargaining cost items for Unit 11 and their excluded counterparts, including the cost of salary adjustments negotiated between the state and the bargaining unit representative for fiscal biennium 2003-2005.

FIN

     

 

 

HOUSE BILLS

 
   

Committee

H.B. NO.

 

RE-REFERRAL

     

114

RELATING TO HAWAII WORKSITE TEMPORARY RESTRAINING ORDER ACT.

Entitles employers to obtain TROs to protect worksite.

LAB, JUD

123

RELATING TO THE PRACTICE OF PHARMACY.

Amends the law regulating the practice of pharmacists to allow dispensing of emergency contraceptives in accordance with approved procedures and protocols developed by a pharmacist and physician.

HLT, CPC

245

RELATING TO HUMAN SERVICES

Provides QUEST medical insurance for income-qualified pregnant immigrants. Appropriates $      for FY 2003-2004 and $       for FY 2004-2005.

HLT/HSH, FIN

248

RELATING TO SMOKING IN PUBLIC SCHOOLS BY PUBLIC EMPLOYEES.

Prohibits smoking or use of tobacco or tobacco products by public employees in all public schools, school transport, and school-sponsored functions, regardless of location. Excludes smoking in public schools as a negotiable item for all public employees.

EDN/HLT, LAB, FIN

260

RELATING TO LANGUAGE ACCESS.

Establishes a commission on language access within the office of community services, DLIR, to facilitate the provision of language assistance services by state agencies to persons with limited English proficiency. Appropriates funds.

HLT/HSH, LAB, FIN

 

 

HOUSE CONCURRENT RESOLUTIONS

 
   

Committee

H.C.R. NO.

 

RE-REFERRAL

5

REQUESTING THAT ALL OPERATING SODA MACHINES IN PUBLIC HIGH SCHOOLS DISPENSE ONLY HEALTHY AND NON-CARBONATED BEVERAGES.

EDN/HLT, FIN

6

REQUESTING THE DEPARTMENT OF HEALTH, IN COOPERATION WITH THE DEPARTMENT OF EDUCATION, TO ESTABLISH A SUN PROTECTION PROGRAM FOR HAWAII'S ELEMENTARY SCHOOL CHILDREN.

HLT/EDN, FIN

7

REQUESTING THE AUDITOR TO CONDUCT A STUDY OF PROPOSED MANDATORY HEALTH INSURANCE COVERAGE FOR HEARING AID DEVICES AND SERVICES.

HLT, LMG, FIN

 

 

HOUSE RESOLUTIONS

 
   

Committee

H.R. NO.

 

RE-REFERRAL

8

REQUESTING THAT ALL OPERATING SODA MACHINES IN PUBLIC HIGH SCHOOLS DISPENSE ONLY HEALTHY AND NON-CARBONATED BEVERAGES.

EDN/HLT, FIN

9

REQUESTING THE DEPARTMENT OF HEALTH, IN COOPERATION WITH THE DEPARTMENT OF EDUCATION, TO ESTABLISH A SUN PROTECTION PROGRAM FOR HAWAII'S ELEMENTARY SCHOOL CHILDREN.

HLT/EDN, FIN