COMMITTEE ON CONSUMER PROTECTION & COMMERCE AND COMMITTEE ON JUDICIARY

Thursday, February 10, 2005

1:30 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 601

(HSCR46)

RELATING TO THE SMALL BUSINESS BILL OF RIGHTS.

Sets Forth The "Small Business Bill of Rights".

EDB, CPC/JUD, FIN

HB 635

(HSCR47)

RELATING TO BUSINESS REGISTRATION.

Clarifies and corrects ambiguities and errors in business registration laws.

EDB, CPC/JUD, FIN

HB 1753

RELATING TO THE LEMON LAW.

Repeals and replaces Hawaii Revised Statutes chapter 481I, Motor Vehicle Express Warranty Enforcement (Lemon Law), with a new chapter based on Wisconsin Statutes section 218.0171 and entitled Repair, Replacement, and Refund Under New Motor Vehicle Warranties (Lemon Law).

CPC/JUD, FIN

Decision making to follow.

 

Decision making only:

HB 107

RELATING TO BROKERAGE RELATIONSHIPS.

Adds new chapter governing brokerage relationships to the Hawaii Revised Statutes. Appropriates $ from the Real Estate Education Fund for consumer and licensee educational programs and a real estate brokerage specialist position within the Department of Commerce and Consumer Affairs.

CPC/JUD, FIN

HB 208

RELATING TO ANTITRUST.

Broadens applicability of antitrust law by prohibiting "persons," as opposed to "corporations," from acquiring or merging with another "person" if the effect is to substantially lessen competition. Expressly authorizes private litigants to seek injunctive relief against all violations of chapter 480.

CPC/JUD

HB 380

RELATING TO ARBITRATION.

Requires award of attorney's fees and costs to beneficiary or policyholder who successfully establishes insurer's liability under insurance policy in arbitration.

CPC/JUD

COMMITTEE ON JUDICIARY

Thursday, February 10, 2005

2:00 p.m.

Conference Room 325; State Capitol

AGENDA:

HB 1737

MAKING AN APPROPRIATION FOR UNIFORM LAWS.

Appropriates funds for Hawaii's contribution to the costs of the National Conference of Commissioners on Uniform State Laws and for related registration and travel expenses.

JUD, FIN

HB 1270

RELATING TO THE CIVIL RIGHTS COMMISSION.

Grants the civil rights commission the power to decide petitions for declaratory relief filed by its executive director on legal issues arising in the course of the investigation of complaints of discrimination.

JUD

HB 1271

RELATING TO THE CIVIL RIGHTS COMMISSION.

Allows the director of the HCRC to disclose information to a complainant or respondent obtained during an investigation of a complaint filed with the HCRC to assist the director in conducting a conciliation, conference, or persuasion process designed to eliminate the discriminatory practice.

JUD

HB 314

RELATING TO PAWNBROKERS AND SECONDHAND DEALERS.

Requires pawnshops to electronically file pawn slips with Honolulu Police Department.

JUD

HB 1453

RELATING TO ANIMALS.

Provides validation for domestic and pet animal trusts extending beyond the death of the transferor.

JUD

HB 1626

RELATING TO DANGEROUS DOGS.

Prohibits the owner of a dangerous dog from allowing the dog to roam freely without supervision. Authorizes an animal control officer to investigate complaints regarding dangerous dogs, to pick up freely roaming dangerous dogs, and to issue citations. Establishes penalties for owners who fail to adequately supervise dangerous dogs. Requires owners of dangerous dogs to obtain liability insurance if the dog is found to be inadequately supervised.

JUD

HB 866

RELATING TO ANIMAL CRUELTY.

Makes it a class C felony to kill, distribute, or purchase any stray or stolen dog or cat for the purpose of human consumption.

JUD

HB 1747

RELATING TO CAMPAIGNS.

Establishes limits for campaign contributions to candidates, noncandidate committees, and political parties during specified election periods; Specifies that excess contributions be returned to the original donor within thirty days of receipt of the donation; Requires any excess contributions not returned to the original donor within thirty days to escheat to the Hawaii election campaign fund.

JUD

HB 414

RELATING TO CAMPAIGN CONTRIBUTIONS.

Reduces campaign contributions limits by 50%.

JUD

HB 1713

RELATING TO CAMPAIGN SPENDING.

Establishes a comprehensive public funding program for state legislative candidates and candidates for governor and lieutenant governor who agree to abide by campaign contribution and expenditure limits and meet other criteria.

JUD, FIN

 

HB 565

RELATING TO THE DEPARTMENT OF THE ATTORNEY GENERAL.

Allows for the retention and deposit into the existing Litigation Deposits Trust Fund 33% of any recovery from any civil action or settlement of a civil claim initiated by the Attorney General (AG) or where the AG filed such action. Recoveries from false claim actions would be included.

JUD, FIN

Decision making to follow.

Decision making only:

HB 500

RELATING TO THE JUDICIARY.

Enacts budget appropriations for judicial branch of state government.

JUD, FIN

COMMITTEE ON LEGISLATIVE MANAGEMENT

Thursday, February 10, 2005

2:00 p.m.

Conference Room 423; State Capitol

AGENDA:

HB 1383

RELATING TO GOVERNMENT REFORM.

Improves government by instituting bribery-reporting requirements.

LMG, JUD

HB 1392

RELATING TO THE STATE BUDGET.

Establishes that legislative approval is required when the executive branch executes a transfer or change of funds.

LMG, FIN

HB 1767

RELATING TO ETHICS.

Requires all individuals subject to senate confirmation to file financial disclosure; provides that all disclosures are public documents.

LMG, JUD

HB 1771

RELATING TO THE BUDGET.

Clarifies that the joint legislative budget committee may convene during the interim between legislative sessions to hold public hearings on gubernatorial budget restrictions and funds withholding. Requires prior written notice to the joint legislative budget committee of any intent to restrict or withhold any funds.

LMG, FIN

Decision making to follow.

 

COMMITTEE ON HEALTH AND COMMITTEE ON HIGHER EDUCATION

Thursday, February 10, 2005

Conference Room 309; State Capitol

2:10 p.m. AGENDA:

HLT/HED only:

HB 1648

RELATING TO STEM CELL RESEARCH.

Sets state policy for stem cell research. Requires UH to develop plan to establish an institute for regenerative medicine at school of medicine no later than 12/31/2006.

HLT/HED, JUD, FIN

HB 1059

(HSCR69)

RELATING TO THE HAWAII HEALTH SYSTEMS CORPORATION.

Authorizes and funds creation of captive insurance company by HHSC to provide medical malpractice and hospital professional and general liability coverage to HHSC, DOH, UH medical school, and their physicians.

CPC, HLT/HED, FIN

Decision making to follow.

 

 

2:20 p.m. AGENDA:

HED only:

HB 110

(HSCR30)

RELATING TO EDUCATION.

Provides tuition refunds for qualified children of certain law enforcement and military personnel killed in the line of duty or declared prisoners of war or missing in action. Provides tuition refunds to: (1) members of the Hawaii national guard or military reserve who are called into active duty, and (2) active duty military personnel; unable to attend college for more than 60-days in a semester as a result of their military duties.

PSM, HED, FIN

HB 238

(HSCR2)

RELATING TO TAX CREDITS FOR MEDICAL STUDENT LOANS.

Creates an income tax credit to repay student loans for students who practice in medically underserved areas in the State.

HLT, HED, FIN

HB 1010

MAKING AN APPROPRIATION FOR FUNDING AND POSITIONS TO EXPAND ETHNIC STUDIES, LABOR HISTORY, AND DIVERSITY CURRICULUM AT ALL UNIVERSITY OF HAWAII CAMPUSES.

Appropriates moneys for funds and positions to expand the curriculum for all UH campuses in ethnic studies, labor history, and diversity in Hawaii.

HED, FIN

HB 1011

MAKING AN APPROPRIATION FOR FUNDING AND FACULTY POSITIONS FOR ILOKANO, FILIPINO, AND PHILIPPINE STUDIES AT THE UNIVERSITY OF HAWAII AT MANOA.

Appropriates moneys for funding and for faculty positions for Ilokano, Filipino, and Philippine studies at UH Manoa.

HED, FIN

HB 1012

MAKING AN APPROPRIATION TO THE UNIVERSITY OF HAWAII FOR STUDENT SUPPORT SERVICES FOR NON-TRADITIONAL STUDENTS.

Appropriates funds and positions for systemwide and campus programs to promote diversity, including programs for underrepresented groups, students with disabilities, and other under-served student groups to support UH's policy on non-discrimination and affirmative action.

HED, FIN

HB 1179

MAKING AN APPROPRIATION FOR THE HAWAII COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.

Appropriates $142,000 in state matching funds to the Hawaii commission for national and community service.

HED, FIN

HB 1643

MAKING APPROPRIATIONS FOR UNIVERSITY OF HAWAII SYSTEMWIDE STUDENT SUPPORT SERVICES.

Appropriates funds and positions for systemwide student services programs and campus programs for equity of services, access, and student success.

 

HED, FIN

HB 1278

(HSCR89)

RELATING TO IMPROVING WATER QUALITY.

Appropriates funds to develop and demonstrate comprehensive watershed management measures to improve water quality of Lake Wilson and reduce contaminated sediments in statewide waterways.

WLO, HED, FIN

HB 353

HD1

(HSCR41)

MAKING AN APPROPRIATION FOR ORGANIC AGRICULTURE.

Appropriates funds for Leeward Community College's partnership with the Waianae Re-Development Corporation in operating the Waianae Organic Agriculture Center. (HB353 HD1)

AGR, HED, FIN

HB 1642

MAKING AN APPROPRIATION FOR STUDENT EMPLOYMENT FUNDS IN SUPPORT OF UNIVERSITY OF HAWAII'S SYSTEMWIDE OPERATIONS AND PROGRAMS.

Appropriates funds for undergraduate and graduate students to be hired as student employees to support UH administrative operations, academic programs, partnership with school, community service, and student support services.

HED, FIN

HB 1687

RELATING TO THE UNIVERSITY OF HAWAII.

Establishes the candidate advisory council to screen and propose candidates for appointment to the board of regents of the University of Hawaii.

HED, FIN

Decision making to follow.

 

Decision making only:

HB 20

RELATING TO THE UNIVERSITY OF HAWAII.

Removes the June 30, 2005, sunset date of Act 321, Session Laws of Hawaii 1986.

HED, FIN

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

Thursday, February 10, 2005

Conference Room 329; State Capitol

3:00 p.m. AGENDA:

HB 344

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

Allows a surviving spouse or surviving reciprocal beneficiary of a police officer, firefighter, deputy sheriff, or public safety officer to remarry, marry, or enter into a new reciprocal beneficiary relationship and to continue to receive pension and other retirement benefits arising from their former spouse's employment.

LAB/PSM, FIN

HB 761

RELATING TO FAMILY LEAVE.

Allows an employee to use family leave during any calendar year upon the military deployment of the employee's child, spouse or reciprocal beneficiary, or parent.

LAB/PSM, FIN

Decision making to follow.

 

3:15 p.m. AGENDA:

HB 1447

RELATING TO FIRE FIGHTER LIABILITY.

Provides an exemption from liability for county fire fighting services.

PSM/LAB, JUD

 

HB 1329

MAKING AN APPROPRIATION FOR THE NISEI VETERANS MEMORIAL CENTER.

Makes a grant-in-aid appropriation to the intergenerational center: Nisei Veterans Memorial Center to complete phase II of the intergenerational center for preschoolers and an adult day care center.

PSM/LAB, FIN

Decision making to follow.

 

COMMITTEE ON INTERNATIONAL AFFAIRS AND COMMITTEE ON AGRICULTURE

Friday, February 11, 2005

8:00 a.m.

Conference Room 325; State Capitol

AGENDA:

HB 792 HD1

RELATING TO INTERNATIONAL TRADE

Appropriates funds for the Department of Agriculture to develop guidelines and a marketing plan to obtain export clearances for exports to Japan and other countries.

INT/AGR, FIN

Decision making to follow.

 

COMMITTEE ON INTERNATIONAL AFFAIRS

Friday, February 11, 2005

8:30 a.m.

Conference Room 329; State Capitol

AGENDA:

HB 791 HD1

RELATING TO INTERNATIONAL MARITIME JURISDICTION.

Clarifies that, under the marine life conservation program, state marine waters shall extend from the upper reaches of the wash of the waves on shore seaward for three nautical miles, which constitutes the State's police power and management authority.

INT, JUD

HB 793 HD1

RELATING TO SISTER-STATE AGREEMENTS.

Establishes a process for the initiation, management and dissolution of sister-state relationships; provides guidelines for sister-state agreements. (HB793 HD1)

INT, JUD, FIN

HB 1719

RELATING TO INTERNATIONAL BUSINESS AND TECHNOLOGY INCUBATOR PROGRAM.

Appropriates funds to establish an international business and technology incubator program in Hawaii.

INT, FIN

HB 1784

RELATING TO THE OFFICE OF INTERNATIONAL AFFAIRS.

Establishes the Office of International Affairs to coordinate and promote peace through improved economic, social, and scientific relations with other countries.

INT, FIN

Decision making to follow.

 

COMMITTEE ON LABOR & PUBLIC EMPLOYMENT

Friday, February 11, 2005

8:30 a.m.

State Capitol Auditorium

HB 1600

RELATING TO WORKERS' COMPENSATION.

Authorizes employers to establish medical provider networks to provide medical treatment to injured workers.

LAB, FIN

HB 1636

RELATING TO WORKERS' COMPENSATION.

Requires the State and the courts to recognize the validity of labor-management agreements that meet certain specified requirements.

LAB, FIN

HB 1783

RELATING TO EMPLOYEE CARE SYSTEMS.

Permits employee care systems to furnish medical care, services, and supplies to injured workers.

LAB, FIN

HB 1172

RELATING TO COORDINATED CARE ORGANIZATIONS.

Regulates coordinated care organizations in the treatment of workers' compensation injuries.

LAB, FIN

HB 699

RELATING TO WORKERS' COMPENSATION.

Proposes reforms to the State's worker's compensation system.

LAB, FIN

HB 1773

RELATING TO WORKERS' COMPENSATION LAW.

Amends workers' compensation law, including but not limited to mandating further requirements for vocational rehabilitation providers, limiting the director's rulemaking authority, and specifying procedures for filing of claims.

LAB, FIN

HB 976

RELATING TO WORKERS' COMPENSATION.

Places restrictions on acceptable vocational rehabilitation plans. Specifies conditions under which the director shall approve rehabilitation plans. Subjects plans to performance reviews.

LAB, CPC

HB 1273

RELATING VOCATIONAL REHABILITATION.

Prohibits time limits for vocational rehabilitation plans under workers' compensation. Authorizes the use of self-employment plans as vocational rehabilitation plans.

LAB, FIN

HB 1307

RELATING TO WORKERS' COMPENSATION.

Authorizes recovery of attorney's fees and costs under law administered by the Department of Labor and Industrial Relations by any person who successfully defends any charge of workers' compensation insurance fraud, except criminal cases, against the person who initiates and prosecutes the action. Authorizes the insurance commissioner to investigate complaints and prosecute cases of workers' compensation fraud, provided that the complaint is against an insurance carrier, a self-insured employer, or a full-insured employer.

LAB, CPC/JUD

HB 340

RELATING TO COSTS OF PROCEEDINGS IN WORKERS' COMPENSATION APPEALS.

Gives the supreme court, appellate 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

HB 832

RELATING TO WORKERS' COMPENSATION.

Establishes criteria for evaluating and approving attorney's fees.

LAB, CPC/JUD

HB 838

RELATING TO WORKERS' COMPENSATION.

Establishes factors for the appellate board or supreme court to consider in deciding whether to award attorney's fees and costs to an employee who wins on appeal. Makes the awarding of costs, together with attorney's fees and costs, discretionary.

LAB, CPC/JUD

HB 763

RELATING TO WORKERS' COMPENSATION.

Exempts persons with ownership interests in limited liability companies, partnerships, and sole proprietorships, from coverage as "employees" under the workers' compensation law, allowing them to obtain coverage for their work-related injuries and disabilities, separately.

LAB, CPC

HB 861

RELATING TO INSURANCE.

Excludes from the definition of "employment" under workers' compensation law: (1) service performed by a sole proprietor or a partner of a partnership, as defined in the partnership law, if the partner is an individual; and (2) service performed by a member of an LLC if the member is an individual and has a distributional interest, as defined under the Uniform Limited Liability Company Act, of at least 50% in the company.

LAB, CPC/JUD

COMMITTEE ON WATER, LAND, & OCEAN RESOURCES

Friday, February 11, 2005

8:30 a.m.

Conference Room 423; State Capitol

AGENDA:

HB 1225

RELATING TO ENVIRONMENTAL PROTECTION.

Provides a stable funding mechanism to provide for the natural area reserves system.

WLO, FIN

HB 1308

RELATING TO LAND CONSERVATION.

Requires 25% of real estate conveyance tax collected be deposited into the land conservation fund. Allows grants to state agencies, counties, and nonprofit land conservation organizations to acquire interest in lands having a value as a resource to the State.

WLO, FIN

HB 1243

RELATING TO ENVIRONMENTAL PROTECTION.

Changes the conveyance tax rate to an unspecified rate; establishes that projects undertaken in accordance with management of the natural area reserves system are included in the list of priorities for funds disbursed from the natural area reserve fund.

WLO, FIN

HB 1476

RELATING TO NORTH KOHALA.

Preserves a cluster of historical sites in North Kohala on the island of Hawaii by requiring the department of land and natural resources to renew its efforts to acquire by exchange the land adjacent to the Kohala Historical Sites State Monument.

WLO, FIN

HB 953

RELATING TO DROUGHT.

Requires the Commission on Water Resource Management of the Department of Land and Natural Resources to establish a Hawaii drought preparedness plan to be included in the Hawaii Water Plan to improve state drought monitoring, planning, mitigation, and response efforts.

WLO, FIN

HB 1627

RELATING TO WATER CONSERVATION.

Prohibits use of potable water to irrigate golf courses by 2010 except where there is no reasonably available source of nonpotable water or use of nonpotable water poses a threat to public health and safety or other surface and ground water uses. Defines potable water. Emphasizes role of recycled water in comprehensive water resource planning and management policy.

WLO, FIN

HB 1757

RELATING TO CONSERVATION LAND.

Provides an unspecified percentage for a conservation land tax credit, based on land (not exceeding an unspecified value), donated to and accepted by the State that is in a conservation land use district or for a land owner who voluntarily reclassifies residentially zoned land to conservation and initiates the rezoning process, or for amounts invested in management of conservation or watershed land.

WLO, FIN

HB 833

RELATING TO PROPERTY RIGHTS.

Makes owner of residential real property immune from liability for damages suffered by a person who trespasses with intent to commit a crime. Makes trespass on the premises of a dwelling a misdemeanor. Makes theft of property from the premises of a dwelling a misdemeanor.

WLO, JUD

HB 864

RELATING TO COUNTIES.

Extends the several counties' a Authority to regulate billboards and other outdoor advertising devices to include the airspace or waters beyond the boundaries of a county that are visible from any public place within the county.

WLO, JUD

HB 1527

RELATING TO EMINENT DOMAIN.

Establishes factors to be considered in determining value of property to be condemned.

WLO, JUD

Decision making to follow.

 

Decision making only (heard on February 7, 2005):

HB 1441

RELATING TO LAND USE. Clarifies the process to appeal county land use decisions.

WLO, JUD

HB 1391

RELATING TO PRIVATE ROADS. Requires owners of private roads to maintain private roads pursuant to agreement or in absence of agreement in equal shares.

WLO, FIN

 

Decision making only (heard on February 4, 2005):

HB 1280

RELATING TO FLOOD CONTROL.

Appropriates $250,000 for fiscal year 2005-2006 and $500,000 for fiscal year 2006-2007 for the Center for Conservation and Research Training to develop and coordinate the implementations of watershed management strategies to control flooding in two of Hawaii's most severely flood-impacted watersheds as identified by the Center.

WLO, FIN

COMMITTEE ON HUMAN SERVICES AND COMMITTEE ON HEALTH AND COMMITTEE ON INTERNATIONAL AFFAIRS

Friday, February 11, 2005

11:00 a.m.

Conference Room 329; State Capitol

AGENDA:

HB 1061

MAKING AN APPROPRIATION FOR QUEST AND MEDICAID COVERAGE FOR ALIENS RESIDING IN HAWAII UNDER THE COMPACT OF FREE ASSOCIATION.

Appropriates funds for QUEST and medicaid coverage for aged, blind, and disabled Compact of Free Association residing in Hawaii.

HUS/HLT/INT, FIN

Decision making to follow.