OFFICE OF THE SPEAKER

TWENTY-THIRD STATE LEGISLATURE

COMMITTEE REFERRALS

 

_______________________________________________________________________________________

NO. 1

3rd LEGISLATIVE DAY-JANUARY 20, 2006

_______________________________________________________________________________________

Committee Abbreviations:

AGR - Agriculture

HSG Housing

CPC - Consumer Protection & Commerce

HUS - Human Services

EDB - Economic Development &

INT - International Affairs

Business Concerns

JUD - Judiciary

EDN - Education

LAB - Labor & Public Employment

EEP - Energy & Environmental Protection

LMG - Legislative Management

FIN - Finance

PSM - Public Safety & Military Affairs

HAW Hawaiian Affairs

TAC - Tourism & Culture

HED - Higher Education

TRN - Transportation

HLT - Health

WLO - Water, Land & Ocean Resources

________________________________________________________________________________________

 

HOUSE BILLS

 
   

Committee

H.B. NO.

 

REFERRAL

     

1787

RELATING TO CHILD ENDANGERMENT.

Establishes the offense of leaving a child unsupervised in a motor vehicle. Requires the examiner of drivers to examine driver's license applicants for knowledge of the law establishing the offense of leaving a child unsupervised in a motor vehicle.

JUD

1788

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

Authorizes the issuance of $50,000 in bonds for the purchase and installation of an air conditioning system for Kailua Elementary School Library on Oahu.

 

FIN

1789

RELATING TO TAXATION.

Exempts amounts received by trusts whose sole beneficiaries are blind, deaf, or disabled from up to $2,000 in general excise tax liability. Limits general excise tax amounts collected from the trusts to one-half percent.

HLT, FIN

1790

RELATING TO AMENDING ACT 178, SESSION LAWS OF HAWAII 2005.

Appropriates funds.

FIN

1791

RELATING TO APPROPRIATION OF FUNDS TO IMPLEMENT THE WEIGHTED STUDENT FORMULA UNDER ACT 51, SESSION LAWS OF HAWAII 2004.

Appropriates funds to schools that have a decrease in funding as a result of the weighted student formula.

EDN, FIN

1792

RELATING TO ADULT FOSTER CARE HOMES.

Increases the maximum amount of adults with developmental disabilities that are allowed to reside in an adult foster care home from 2 to 3.

HUS/HLT, FIN

1793

RELATING TO HOME AND COMMUNITY-BASED SERVICES.

Extends the statutory authority for the licensing of home and community-based case management agencies and the certification of community care foster family homes until 06/30/08.

HUS/HLT, FIN

1794

RELATING TO INCOME TAX BRACKETS.

Revises the state income tax brackets.

FIN

1795

RELATING TO THE HAWAII HEALTH SYSTEMS CORPORATION.

Alters composition and appointment of HHSC board membership by having the governor appoint 6 members 3 each from a list of 9 candidates submitted by the president of the senate and speaker of the house of representatives, respectively, for a total 18 candidates for 6 member positions.

FIN

1796

RELATING TO NOTICE.

Requires a notice of foreclosure to be made in a newspaper published in the county (population of 200,000 or less) where the foreclosed property is located. The notice may also be made in a newspaper of general circulation.

CPC

1797

RELATING TO EMPLOYMENT SECURITY.

Removes the maximum age restriction on the unemployment insurance contribution exemption for an employer's children who work for their parent. Lowers the maximum taxable wage base to the federal minimum of $7,000, for calendar years 2006 and 2007.

LAB, FIN

1798

RELATING TO TAX EXEMPTION.

Doubles the state tax exemption in all categories except for the blind, deaf, and totally disabled who are provided a $10,000 tax exemption.

FIN

1799

RELATING TO TAXATION.

Doubles the standard deduction in all categories of the state income tax.

FIN

1800

RELATING TO SALE OF REAL PROPERTY.

Increases the per cent of the amount realized on the disposition of real property by a non-resident seller.

FIN

1801

RELATING TO GENERAL EXCISE TAX.

Suspends the collection of the GET on motor vehicle gasoline for two years.

TRN/EEP, CPC, FIN

1802

RELATING TO WORKERS' COMPENSATION INSURANCE.

Establishes a workers' compensation insurance premium discount for businesses that establish and maintain a return to work program that is certified by the department of labor and industrial relations.

LAB/CPC, FIN

1803

RELATING TO IDENTITY THEFT.

Implements measures to assist in the prevention of identity theft.

CPC/JUD, FIN

1804

RELATING TO A NET INCOME TAX CREDIT FOR FOOD, MEDICAL SERVICES, AND NON-PRESCRIPTION DRUGS.

Establishes a refundable tax credit for food, medical services, and non-prescription drugs for individuals at one-hundred twenty per cent of the federal poverty level.

FIN

1805

RELATING TO THE USE OF MOBILE PHONES WHILE DRIVING.

Prohibits the use of a mobile telephone while driving unless equipped with a hands-free accessory.

TRN, JUD

1806

RELATING TO CONSUMER PROTECTION AGAINST IDENTITY THEFT.

Allows consumers who suspect they are a victim of identity theft to place a security alert and security freeze on their credit accounts. Establishes requirements and procedures for consumer credit reporting agencies.

CPC/JUD

1807

RELATING TO HIGHWAY SAFETY.

Requires the State, counties, and contractors performing work on a public highway to post signs warning motorists of steel plates placed in the roadway.

TRN, JUD, FIN

1808

RELATING TO COUNTIES.

Requires all counties to have a comprehensive curbside recycling program by 01/01/08. Exempts county recycling programs from procurement law requirements and appropriates funds for program start-up costs.

EEP, FIN

1809

RELATING TO MOTOR VEHICLE DRIVER'S LICENSE.

Allows U.S. armed forces reserve component member on active service outside of the State to renew driver's license within 90 days after discharge from active duty or return to the State.

PSM/TRN, FIN

1810

RELATING TO FIREARMS.

Prohibits disclosure to an applicant for a permit to acquire a firearm of the source of the information used to deny the application, when the application is denied because the applicant was diagnosed with a mental disorder.

HLT, PSM, JUD

1811

RELATING TO CONSUMERS.

Repeals the statute that sets the maximum pre-tax wholesale price for the sale of gasoline.

TRN/EEP, CPC, FIN

1812

RELATING TO HIGHWAY SAFETY.

Establishes the photo red light imaging detector systems program. Authorizes counties to administer the program.

TRN, JUD, FIN

1813

RELATING TO MOTOR VEHICLE SAFETY.

Requires all motor vehicles with gross vehicular weight ratings of 6,000 pounds or more to be equipped with rearview cameras.

TRN, JUD

1814

RELATING TO PROPERTY DAMAGE.

Makes it a class C felony to commit an act of graffiti relating to gangs, illegal drugs, or violence.

JUD

1815

RELATING TO CHILD PROTECTION.

Requires the department of human services to make a good faith effort to locate, identify, and interview extended family members for possible foster custody placement of a child and to set forth the procedures used and steps taken in this regard in the dependency petition.

HUS, JUD

1816

RELATING TO GASOLINE.

Changes the baseline price for determining maximum pre-tax wholesale gasoline price from the average of spot daily price of gasoline in New York, the Gulf Coast, and Los Angeles to the average of the spot daily price of gasoline in Singapore, Taiwan, Korea, and Venezuela

TRN/EEP, CPC, FIN

1817

RELATING TO FIREWORKS.

Updates state law with respect to fireworks and better regulation of article pyrotechnic.

JUD, FIN

1818

RELATING TO MINORS.

Removes the exemption for minors from waiver of liability with respect to all-terrain vehicles and motorcycles.

TAC, JUD

1819

RELATING TO CHAPTER 281, HAWAII REVISED STATUTES.

Corrects various inconsistencies and erroneous references in sections 281-35, 281-41, and 28194, HRS, relating to intoxicating liquor.

JUD, FIN

1820

RELATING TO EXPANDED ADULT RESIDENTIAL CARE HOMES.

Raises maximum number of residents in type I expanded adult residential care homes from 5 to 6.

HUS/HLT, FIN

1821

RELATING TO CARE HOMES.

Increases by $100 per resident per month, payments for type I adult residential care homes, adult foster homes, developmental disabilities domiciliary homes, and developmental disabilities apartment complexes.

HUS/HLT, FIN

1822

RELATING TO COMMUNITY CARE FOSTER FAMILY HOMES.

Increases the maximum occupancy of community care foster family homes from two adults to three.

HUS/HLT, FIN

1823

RELATING TO GENERAL EXCISE TAX.

Exempts transactions involving department of education capital improvement projects and purchases of goods and services from the general excise tax.

FIN

1824

RELATING TO HIGHWAY SAFETY.

Prohibits instruction permit holders from using cell phones while driving.

TRN, JUD

1825

RELATING TO TRAFFIC INFRACTIONS.

Amends section 291D-10, HRS, so that unpaid parking citations remain the responsibility of the person who owned the vehicle at the time the citation was issued, even if the vehicle is later transferred. Permit the driver's license of the person who was the registered owner at the time the citation was issued to be restricted until outstanding assessments are paid.

JUD

1826

RELATING TO THEFT.

Provides that an individual caught with stolen property belonging to three or more persons in the same or separate incident as part of a common scheme or plan commits second degree theft.

JUD

1827

RELATING TO GASOLINE DEALERS.

Requires gasoline dealers to provide at no cost to customers who purchase motor vehicle fuel, water, compressed air, and air pressure gauges. Requires sign posted to advise customers of provision of water, compressed air, and air pressure gauge.

EDB, CPC, FIN

1828

RELATING TO WORKERS' COMPENSATION.

Prohibits a health care provider from referring a workers' compensation claimant to a non-diagnostic treatment or rehabilitative service corporation or other business entity in which the referring health care provider owns a proprietary interest. Exempts referrals made by health care providers employed by health maintenance organizations from the prohibition.

LAB, CPC

1829

RELATING TO EDUCATION.

Appropriates money for the University of Hawaii's School of Social Work's Long-term Case Management Program for victims of major natural disasters.

HED, FIN

1830

RELATING TO FIREWORKS.

Prohibits purchase or use of non-aerial fireworks on Fourth of July in counties with populations over 500,000.

PSM, JUD, FIN

1831

RELATING TO FIREWORKS.

Authorizes the counties to enact fireworks laws that are stricter than existing state fireworks laws in chapter 132D, HRS.

PSM, JUD, FIN

1832

RELATING TO INVASIVE SPECIES.

Requires the Invasive Species Council to give priority to eradicating coqui frogs that are in, or within one mile of, residential areas.

EEP

1833

RELATING TO FIREWORKS.

Broadens the authority of a county to issue fireworks permits by providing that a county's authorized designee may issue permits.

JUD, FIN

1834

RELATING TO FIRE PROTECTION.

Clarifies that fire inspections at state airports are not the responsibility of county fire departments.

TRN/LAB, FIN

1835

RELATING TO THE DEPARTMENT OF TRANSPORTATION.

Requires DOT, to the extent practicable, to comply with county outdoor lighting ordinances at airports, harbors, and highways and to provide fully shielded lens fixtures on all outdoor lighting fixtures.

TRN, FIN

1836

RELATING TO VETERINARIANS.

Authorizes, upon certain conditions and without examination, temporary licensure of veterinarians who are licensed in good standing in another state that has licensing standards equivalent to or higher than Hawaii's.

CPC, FIN

1837

RELATING TO EMPLOYER INTIMIDATION.

Prohibits employers from coercing employees into attending employer-sponsored meetings on the employer's religious or political opinions.

LAB, JUD

1838

RELATING TO CONSUMER PROTECTION.

Requires manufacturers to prominently identify in packing of bread whether the product was previously frozen and thawed prior to sale; identification to protect consumers.

HLT, CPC

1839

RELATING TO EDUCATION.

Ensures that every blind or visually-impaired child is instructed in Braille, if deemed appropriate to the child's current and future needs.

EDN, FIN

1840

RELATING TO CONSERVATION.

Removes "drop dead" clause from section 13, Act 380, SLH 1997, as amended by section 1, Act 3, SLH 2001, relating to establishment of conservation plans and safe harbor agreements for the protection of endangered wildlife.

EEP, JUD, FIN

1841

RELATING TO HAZARDOUS WASTE.

Prohibits the Department of Health from adopting any rule related to the disposition of waste-derived fertilizers (including 40 C.F.R. 266.20) that is less stringent than the

EEP, JUD, FIN

1842

RELATING TO CHAPTER 846E.

Defines "violent offenders" and "violent offenses" and subjects violent offenders to the offender registration requirements of chapter 846E, HRS, the sex offender registration law.

JUD

1843

RELATING TO VOCATIONAL AGRICULTURE EDUCATION.

Provides a comprehensive vocational agriculture education program in the department of education.

EDN/AGR, FIN

1844

RELATING TO ADMINISTRATIVE RULES.

Requires any state agency adopting, amending, or repealing an administrative rule to file two certified copies of the rule with clerk of the senate and of the house of representatives, respectively, at the time of filing the rule with the lieutenant governor.

JUD/LMG

1845

RELATING TO MEDICAL TORTS.

Places a $250,000 cap on noneconomic damages recoverable from a physician or surgeon in medical malpractice actions for the provision of emergency care in a hospital emergency department.

HLT, CPC/JUD

1846

RELATING TO AFFORDABLE HOUSING TAX CREDIT.

Provides a tax credit to encourage the construction of affordable housing in the State.

HSG, FIN

1847

RELATING TO DEPARTMENT OF HAWAIIAN HOME LANDS.

Provides a short form bill on the department of Hawaiian home lands.

HSG/HAW

1848

RELATING TO HAWAIIAN AFFAIRS.

Hawaiian Affairs short form bill.

HAW/HSG

1849

RELATING TO HOUSING.

Provides a short form bill on housing.

HSG

1850

RELATING TO THE HOMELESS.

Provides a short form bill on the homeless.

HSG

1851

RELATING TO TRAFFIC CODE.

Requires vehicles operating on highways to be covered after off-loading in the same manner as before off-loading to prevent residual loose paper, loose rubbish, plastics, empty cartons, dirt, sand, or gravel from escaping.

TRN, JUD

1852

MAKING AN APPROPRIATION FOR THE CONDEMNATION OF LAND IN NANAKULI, OAHU, FOR A PUBLIC HOUSING PROJECT.

Makes an appropriation for the condemnation of land in Nanakuli for public housing project.

HSG, FIN

1853

RELATING TO RENTAL HOUSING.

Increases the income tax credit for low-income household renters with an adjusted gross income of less than $30,000, from $50 to $100, multiplied by the number of qualified exemptions. Also makes the tax credit available to household renters with an adjusted gross income between $30,000 and $50,000, but for a different amount: $75 multiplied by the number of qualified exemptions.

HSG, FIN

1854

RELATING TO THE INVOLUNTARY TERMINATION OF PARENTAL RIGHTS OF KANAKA MAOLI.

Creates a Native Hawaiian Child Welfare Act preventing the involuntary termination of parental rights of Kanaka Maoli thus protecting the cultural and traditional rights of the Native Hawaiian people. This is also known as "The Kupuna Bill".

HAW, JUD, FIN

1855

RELATING TO TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.

Appropriates various amounts, including unspecified amounts, for various services to be funded from the increased federal fund ceiling for the temporary assistance for needy families program.

HUS, FIN

1856

RELATING TO CHILD PROTECTION.

Sets forth the procedures for placement of a child who is in temporary foster custody with kin or non-kin foster parents.

HUS, JUD

1857

RELATING TO ADULT RESIDENTIAL CARE HOMES.

Increases the maximum allowable occupancy in a type I adult residential care home from five to six persons.

HUS/HLT, FIN

1858

RELATING TO THE HAWAII YOUTH CORRECTIONAL FACILITY.

Creates a Hawaii commission on juvenile justice to oversee the Hawaii youth correctional facility and the office of youth services. Attaches for administrative purposes to the department of human services. Appropriates funds.

HUS, JUD, FIN

1859

RELATING TO EDUCATION.

Waives the residency requirements for department of education applicants identified by the superintendent of education.

EDN/LAB

1860

RELATING TO EDUCATION.

Appropriates funds to support the department of education's website operations.

EDN, FIN

1861

RELATING TO EDUCATION.

Repeals requirement that the superintendent of education provide an annual report to the board of education of principal transactions within the department.

EDN

1862

RELATING TO EDUCATION.

Allows the DOE to employ retired teachers full time to teach in teacher shortage areas and serve as mentors for new classroom teachers.

EDN/LAB, FIN

1863

RELATING TO EDUCATION.

Repeals the transfer of functions from the departments of budget and finance, attorney general, and human services to the department of education. Delays the transfer of school health aides and public health nurses from the department of health to the department of education.

EDN/LAB, FIN

1864

RELATING TO EDUCATION.

Repeals the school-level minor repairs and maintenance accounts and the annual report of expenditures from the accounts.

EDN, FIN

1865

RELATING TO THE DEPARTMENT OF EDUCATION.

Strengthens the operations of the Department of Education by creating various positions.

EDN/LAB, FIN

1866

RELATING TO EDUCATION.

Repeals the sunset date of Act 321, Session Laws of Hawaii 1986, which gives the department of education and the University of Hawaii permanent autonomous authority for matters relating to purchase of goods and services, payments, and accounting.

EDN/HED, EDB, FIN

1867

RELATING TO WORKERS' COMPENSATION.

Ensures that uninterrupted medical care is provided to an injured worker, even if the injured employee's employer denies further treatment, until the director of labor and industrial relations renders a final decision on the matter.

LAB, CPC, FIN

1868

RELATING TO EMPLOYMENT SECURITY.

Establishes job security requirements to protect employees when the business for which the employees work is sold or transferred to another employing entity.

LAB, FIN

1869

RELATING TO ADVERTISING BY DRUG MANUFACTURERS AND DISCLOSURE OF CLINICAL TRIALS.

Requires: prescription drug ads to meet federal standards; public disclosure of clinical trial information; and drug manufacturers to pay fees to DOH, which shall fund a public education initiative on clinical trials and drug safety.

CPC/HLT, FIN

1870

RELATING TO VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION TRUSTS.

Makes VEBA trust law permanent.

LAB, EDN, FIN

1871

RELATING TO CONSUMER CREDIT REPORTING AGENCIES.

Allows the victims of identity theft to place a "security freeze" on their credit reports prohibiting a credit reporting agency from releasing information without the consumer's express consent. Effective date 7/1/06.

JUD/CPC

1872

RELATING TO PRESCRIPTION DRUGS.

Establishes offense of excessive prescription drug prices, including definitions, burden of proof, and judicial remedies.

CPC/HLT, JUD

1873

RELATING TO PRESCRIPTIONS.

Establishes that records regarding prescriptions shall not be transferred or sold; a violation is an unfair and deceptive act.

CPC/HLT, JUD

1874

RELATING TO PUBLIC ACCESS TO CRIMINAL HISTORY.

Requires persons convicted of offenses relating to manufacturing and trafficking methamphetamines or distributing dangerous drugs in the first degree to register with the attorney general. Makes registration information available to the public.

JUD

1875

RELATING TO ETHICAL MARKETING OF PRESCRIPTION DRUGS.

Establishes ethical prescription drug marketing law. Requires annual disclosure of gifts worth more than $25 from pharmaceutical companies or their representatives to physicians and health care providers who issue prescriptions.

CPC/HLT, JUD

1876

RELATING TO GASOLINE.

Gives governor authority to waive gas cap law in the event of a natural disaster anywhere that substantially disrupts fuel supplies in the State.

EEP, CPC

1877

RELATING TO AFFORDABLE HOUSING.

Requires that all housing developments proposing to develop at least 50 residential dwellings provide at least 20% of the dwellings as affordable dwelling units.

HSG/WLO, FIN

1878

RELATING TO INVESTMENT SECURITIES ACT.

Allows conditional methods of compensation for an investment adviser with respect to investment advisory contracts.

CPC

1879

RELATING TO VETERANS.

Appropriates money for the Department of Defense to publish the Hawaii Veterans' Newsletter.

PSM, FIN