HOUSE OF REPRESENTATIVES

THE TWENTY-SEVENTH LEGISLATURE

REGULAR SESSION OF 2014

 

COMMITTEE ON CONSUMER PROTECTION & COMMERCE

Rep. Angus L.K. McKelvey, Chair

Rep. Derek S.K. Kawakami, Vice Chair

 

Rep. Della Au Belatti

Rep. Chris Lee

Rep. Tom Brower

Rep. Mark M. Nakashima

Rep. Romy M. Cachola

Rep. Marcus R. Oshiro

Rep. Richard Creagan

Rep. Clift Tsuji

Rep. Cindy Evans

Rep. Ryan I. Yamane

Rep. Sharon E. Har

Rep. Bob McDermott

Rep. Ken Ito

Rep. Cynthia Thielen

 

AMENDED NOTICE OF HEARING

 

DATE:

Wednesday, February 12, 2014

TIME:

2:10 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A M E N D E D  A G E N D A

 

The following measure(s) has been ADDED to the agenda:  HB2581 HD1

 

 

HB 2382

Status

RELATING TO PUBLIC AGENCY MEETINGS.

Requires that an internet web address be included on a meeting notice for instructions on submitting testimony for a meeting; allows boards and commissions to provide notice of a meeting by first class mail or electronic means, including electronic mail and text messaging; requires boards and commissions to provide instructions and contact information for persons to request to be included on the list for notification of meetings to be sent via postal mail or electronic means; and specifies that any person who fails to properly send meeting notices by postal mail or electronic means or fails to send meeting notices in a timely manner shall be subject to penalties.

 

CPC

HB 2020

Status

RELATING TO PRIVATE GUARDS.

Amends various provisions relating to private guards and individuals acting in a guard capacity by:  reducing the continuing education requirement to four hours every two years; delaying the continuing education requirement to prior to the June 30, 2016, renewal cycle; and making permanent the registration and licensure requirements for private guards and individuals acting in a guard capacity by repealing the sunset date of Act 208, Session Laws of Hawaii 2010.

 

CPC

HB 2031

Status

RELATING TO CONTINUING EDUCATION FOR MARRIAGE AND FAMILY THERAPISTS.

Requires licensed marriage and family therapists to complete a minimum of forty-five hours of continuing education courses, including six hours in ethic courses, during each licensing renewal period, for the period beginning January 1, 2017, and thereafter.

 

CPC

HB 2042

Status

RELATING TO OCCUPATIONAL THERAPY PRACTICE.

Improves the regulation of occupational therapists and occupational therapy assistants by establishing an occupational therapy program and licensing requirements for occupational therapists and occupational therapy assistants.

 

CPC

HB 2215

Status

RELATING TO TRAVEL INSURANCE.

Establishes a limited lines travel insurance producer license for producers selling, soliciting, or negotiating travel insurance through a licensed insurer.  Authorizes travel retailers to offer the insurance if registered by a limited lines travel insurance producer.

 

CPC

HB 2043

Status

RELATING TO REAL ESTATE APPRAISERS.

Requires arbitration awards under chapter 466K, Hawaii Revised Statutes, to be open to the public.  Requires real estate appraisers, acting as arbitrators, to record arbitration awards, the records of the awards, if separately issued, and any supplementary, dissenting, or explanatory opinions with the bureau of conveyances within ninety days of the determination of the award and its notification to the parties.  Clarifies that failure to comply is a violation of real estate appraiser license or certification requirements.

 

CPC

HB 2268

Status

RELATING TO MORTGAGE SERVICERS.

Changes the annual license renewal date for mortgage servicers from June 30 to December 31 of each calendar year.

 

CPC

HB 2267

Status

RELATING TO SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT.

Adds definitions for clarity.  Requires a mortgage loan originator company to be open during specified regular business hours to the public and for examination or investigation by the commissioner.  Deletes exemptions for individuals facilitating mortgage loans for their family members and family property.  Clarifies that a branch manager may not oversee more than one branch office or principal place of business.  Excludes certain information included in NMLS from confidentiality provisions of the law.

 

CPC

HB 2046

Status

RELATING TO CONDOMINIUMS.

Clarifies fiduciary duties of condominium association boards.  Requires association approval of charges and penalties.

 

CPC

HB 1923

Status

RELATING TO CONDOMINIUMS.

Require resident managers to keep a record of the email addresses of condominium association members.

 

CPC

HB 2214

Status

RELATING TO THE REMOVAL OF CONDOMINIUM ASSOCIATION DIRECTORS.

Clarifies that condominium association boards may only fill board vacancies to serve until the next annual or duly noticed meeting.

 

CPC

HB 2585

Status

RELATING TO FORECLOSURES.

Specifies parties other than unit owners who may be served notice by publication and posting of nonjudicial foreclosure.

 

CPC

HB 2041

Status

RELATING TO FRANCHISES.

Voids provisions in a franchise that restricts the resolution of claims arising to foreign forums.

 

CPC

HB 1898

Status

RELATING TO THE UNIFORM COMMERCIAL CODE.

Amends the Uniform Commercial Code to require that exclusions or modifications of express warranties for the sale of goods in consumer contracts be printed in bold type at the beginning of the warranty.

 

CPC

HB 2391

Status

RELATING TO SALE OF GRAFFITI MATERIALS.

Requires all persons offering aerosol spray paint containers for sale to restrict public access to the containers so that access to them cannot be gained without employee assistance.  Effective July 1, 2014.

 

CPC

HB 2365

Status

RELATING TO THE STATE FIRE COUNCIL.

Authorizes the State Fire Council to: (1) Establish procedures for statewide qualifications, testing, and certification for individuals who conduct maintenance testing of fire protection systems; and (2) Implement a statewide system to promote the effective use of fire and life safety resources.

 

CPC

HB 2584

Status

RELATING TO PERSONAL INJURY PROTECTION BENEFITS.

Ensures personal injury protection benefits remain consistent with prepaid health care plans by clearly specifying requirements for the reimbursement of drugs, supplies, and materials.

 

CPC

HB 2108

Status

RELATING TO GIFT CARDS.

Requires an issuer of a gift card to hold in trust the moneys received in payment for the card.  Effective January 1, 2015.

 

CPC

HB 2012, HD1

(HSCR277-14)

Status

RELATING TO CONSUMER PROTECTION.

Prohibits (1) using computer software to circumvent online ticket purchase processes for the purpose of ticket scalping; and (2) selling or offering to sell event tickets for more than the face value of the tickets, excluding taxes and reasonable service charges.  Makes violations unfair or deceptive practices in the conduct of trade or commerce.  (HD1)

 

CPC

HB 2581, HD1

(HSCR347-14)

Status

RELATING TO INSURANCE.

Establishes and appropriates funds for the state innovation waiver task force to develop a plan for applying for a state innovation waiver under the PPACA.  Effective July 1, 2050.  (HB2581 HD1)

 

CPC

 

 

 

 

 

 

 

 

 

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony no later than 24 hours prior to the hearing.  Testimony should indicate:

·     Testifier's name with position/title and organization;

·     The Committee(s) to which the comments are directed;

·     The date and time of the hearing; and

·     Measure number. 

 

While every effort will be made to incorporate all testimony received, materials received on the day of the hearing or improperly identified or directed, may be distributed to the Committee after the hearing.  Those wishing to provide oral testimony will be limited to two minutes. 

 

Submit testimony in ONE of the following ways:

PAPER:  20 copies (including an original) to Room 314 in the State Capitol;

FAX:       For testimony less than 5 pages in length, transmit to 808-586-8437 (Oahu) or 1-800-535-3859 (for Neighbor Islander without a computer to submit testimony through e-mail or the Web); or

WEB:      For testimony less than 10MB in size, transmit from http://www.capitol.hawaii.gov/submittestimony.aspx.

 

Testimony submitted will be placed on the legislative website after the hearing adjourns.  This public posting of testimony on the website should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6160 or email your request for an interpreter to [email protected] at least 24 hours prior to the hearing for arrangements.  Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live.  Check the current legislative broadcast schedule on the "Capitol TV" website at www.capitoltv.org or call 536-2100.

 

 

 

 

 

________________________________________

Rep. Angus L.K. McKelvey

Chair