Bills Which Passed Third Reading - Legislative Reference Bureau

CROSSOVER BILLS 

(Bills Which Passed Third Reading) 

HAWAII STATE LEGISLATURE 

REGULAR SESSION OF 2012 

SHOWING ACTIONS TAKEN AS OF 

March 8, 2012 

Prepared by the: 

LEGISLATIVE REFERENCE BUREAU SYSTEMS OFFICE 

State Capitol, Room 413 

415 South Beretania Street 

Honolulu, HI 96813 

Caveat: While all data are believed accurate, they are 

subject to change pending confirmation against official 

records kept by the respective Chief Clerk's offices.

FOREWORD 

This publication includes all bills in the current legislature which passed Third 

Reading as of March 8, 2012. This publication has been created by the Legislative 

Reference Bureau - Systems Office. 

This publication includes such data as the bill number, title, introducer, description, 

and current status of the bill. It reflects data recorded up to and including March 8, 2012. 

March 2012 

Charlotte Carter-Yamauchi 

Acting Director 

Legislative Reference Bureau

SENATE BILLS WHICH PASSED THIRD READING 

SB0001 SD2 HD2 (HSCR 1199) RELATING TO STATE RECOGNITION OF THE NATIVE HAWAIIAN PEOPLE, THEIR 

LANDS, ENTITLEMENTS, HEALTH, EDUCATION, WELFARE, HERITAGE, AND 

CULTURE. 

Introduced by: Solomon M, Dela Cruz D 

Establishes the native Hawaiian recognition Act. Establishes the native Hawaiian role 

commission for the purpose of preparing and maintaining a roll of qualified native 

Hawaiians and certifying that the individuals meet the definition of qualified native 

Hawaiians. Provides that the publication of the roll of qualified native Hawaiians is 

intended to facilitate the process under which qualified native Hawaiians may 

independently commence the organization of a convention of qualified native Hawaiians, 

established for the purpose of organizing themselves. Requires the Hawaiian homes 

commission act, 1920 to be amended, subject to the approval of the US congress. 

Appropriation to the office of Hawaiian affairs. ($$) -- SB0001 HD2 

Current Status: Mar-18 11 Passed Second Reading House as amended (HD1) 

Mar-24 11 Referred to FIN 

SB0004 SD1 (SSCR 473) RELATING TO GAMBLING. 

Introduced by: Nishihara C, Chun Oakland S 

Establishes provisions relating to free play not a defense; when. Free play shall not be 

considered a defense to an offense charged if the free play was offered by mail or 

electronic communication as an alternative to play via purchase of an item that is not 

bona fide or is offered at a price that is disproportionate to the value of the item 

purchased or a chance to win if the free play by mail or electronic communication is 

offered from a pool different from the pool from which the chance to win via purchase is 

drawn. -- SB0004 SD1 

Current Status: Mar-10 11 Introduction/Passed First Reading - House 

Mar-18 11 Multiple Re referral to ERB/ JUD/ then FIN 

SB0019 RELATING TO THE STATE TREASURY. 

Introduced by: Kim D, Chun Oakland S 

Amends provisions relating to reports to the legislature. Requires the director of finance 

to make quarterly reports to the legislature that provide an update on the balances in the 

state treasury and all accounts within the state treasury. -- SB0019 

Current Status: Feb-15 11 Introduction/Passed First Reading - House 

Feb-15 11 Single Referral to FIN 

SB0020 SD1 (SSCR 111) RELATING TO THE BUDGET. 

Introduced by: Kim D, Chun Oakland S 

Establishes provisions relating to the reporting of intended material changes to capital 

improvement projects. Requires the director of finance to submit a report to the 

legislature that indicates the reasons for the material change. -- SB0020 SD1 



SB0026 SD2 (SSCR 600) RELATING TO ADVANCED PRACTICE REGISTERED NURSE FEES. 

Introduced by: Baker R, Green J 

Amends provisions relating to advance practice registered nurse; qualifications; 

recognition; endorsement; fees; eligibility. Requires the board of nursing to set 

appropriate fees for registered nurses and the center for nursing fee. Amends provisions 

relating to prescriptive authority for advanced practice registered nurses. Prohibits 

advanced practice registered nurse to be required to pay a fee relating to the grant of 

prescriptive authority. Amends provisions relating to renewal of license; denial, 

suspension, or revocation of license for default of student loan, student loan repayment 

contract, or scholarship contract; inactivation and reactivation of license; restoration of 

forfeited license. Requires each applicant to complete a survey developed by the Hawaii 

state center for nursing. -- SB0026 SD2 


Mar-10 11 Multiple Referral to HLT then CPC then FIN 

SB0030 SD1 (SSCR 766) RELATING TO ABANDONED VEHICLES. 

Introduced by: Baker R 

Amends provisions relating to notice to owner under the abandoned vehicles law. 

Extends the time that a legal and registered owner of an abandoned vehicle has to 

repossess the vehicle from 10 days to 20 days after mailing of the notice. Defines 

business days to exclude Saturdays, Sundays and state holidays. -- SB0030 SD1 

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Mar-10 11 Multiple Referral to TRN then JUD 

SB0036 SD1 (SSCR 154) RELATING TO HEALTH. 

Introduced by: Baker R, Green J, Chun Oakland S 

Requires the director of health to convene a mental health and substance abuse parity 

working group. Requires the working group to review special reports, and updates to the 

special reports that provide an analysis of the Paul Wellstone and Peter Domenici mental 

Health Parity and Addiction Equity Act of 2008 and relevant interim final rules; review the 

provisions in the national health care reform laws and regulation that affect behavioral 

health care; determine the state's role and responsibilities in implementing the mental 

health parity and Addiction Equity Act of 2008; and examine and make recommendations 

regarding the addition or enhancement of various components of the State's mental 

health and substance abuse parity laws. Requires the legislative reference bureau to 

assist the working group in drafting any appropriate legislation. Report to the legislature. 

Working group to cease to exist on June 30, 2013 (sunset). -- SB0036 SD1 


Feb-18 11 Multiple Referral to HLT/ HUS/ then FIN 

SB0041 SD1 HD1 (HSCR 1493) RELATING TO THE HAWAII PREPAID HEALTH CARE ACT. 

Introduced by: Baker R, Green J, Chun Oakland S, Fukunaga C 

Repeals the termination provision for the prepaid health care act. Repeals Act 99, 

session laws of 1994. -- SB0041 HD1 

Current Status: Apr=14 11 Senate Disagrees to House amendments 

Apr=18 11 Conference Committee: Senate Members: Green J, 

Hee C, Baker R -- none 

SB0048 SD1 HD2 (HSCR 1503) RELATING TO CORRECTIONS. 

Introduced by: Espero W 

Amends provisions relating to transfer of inmates to out of state institutions. Prohibits a 

committed felon to be transferred to an out of state correctional institution if that felon has 

12 months or less to serve on a sentence before being eligible to be paroled. Prohibits 

a committed felon with any serious medical or mental condition to be considered for 

transfer to an out of state correctional institution. Allows the director prior to the transfer 

of a committed felon to consider, among other things; whether the committed felon is 

regularly participating in extended family leave visitations with the committed felon's child 

and whether the transfer would disrupt the visitations; whether the committed felon is 

enrolled in a vocational, educational, treatment, re entry, or other program that cannot 

reasonably be resumed at the correctional facility in another state; and whether other 

committed felons volunteering for a transfer to be given preference for a transfer to 

achieve cost savings. -- SB0048 HD2 


Apr-18 11 Conference Committee: House Members: Aquino H, 

Oshiro M -- Cullen T, Fontaine G, Ichiyama L 

Apr=18 11 Conference Committee: Senate Members: Espero W 

-- Kidani M, Slom S 

SB0058 SD1 (SSCR 174) RELATING TO MEDICAL CANNABIS. 


Establish provisions relating to transfers under the uniform controlled substance law. 

Allows a qualifying patient or primary caregiver who is registered under medical use of 

marijuana registration requirements to provide usable cannabis or any part of the 

cannabis plant to any other registered qualifying patients or any other registered primary 

caregiver; provided that no consideration is paid for the cannabis and that the recipient 

does not exceed the adequate supply amount. Increases adequate supply and replaces 

the term marijuana with cannabis. Redefines written certification to include that the form 

may not require that the signing physician be the qualifying patient's primary care 

physician and allows the form to request the address of the location where the cannabis 

is grown and the information be kept confidential and not appear on the registry card 

issued by the department of public safety. -- Amends provisions relating to registration 

requirements. Requires physicians who issue written certifications to qualifying patients 

to provide the name, address, patient identification number. Further provides that the 

information to include the physician's attestation that the qualifying patient has 1 of the 

debilitating medical conditions and not name or describe the particular condition. 

Prohibits a primary caregiver be responsible for the care of more than 3 qualifying 

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March 8, 2012 2


patients at any given time. -- SB0058 SD1 


Mar-10 11 Multiple Referral to HLT/ PBM/ then JUD then FIN 

SB0077 SD1 HD1 (HSCR 973) RELATING TO THE COURTS 

Introduced by: Ihara L 

Establishes provisions relating to anonymous filings. Allows a plaintiff to file a petition 

in civil actions as jane doe or john doe provided the court consider certain factors. -- 

Establishes provisions relating to witness and notary requirements under the guardians 

and wards law and the protection of persons under disability and their property under the 

uniform probate law. Prohibits a durable power of attorney to be enforceable unless it is 

signed by 2 witnesses, and acknowledged by a notary public. Requires the witness to be 

18 years of age or older, not the attorney in fact named in the durable power of attorney, 

not related to the attorney in fact or to the other witnesses, and witness to either the 

signing of the instrument by the principal or the principal's acknowledgment of the 

signature on the durable power of attorney. -- Establishes provisions relating to fraud or 

undue influence; wills, estate plans, or trusts. Requires all actions to challenge or contest 

a will, estate plan, or trust be brought within 9 years after the cause of action accrued or 

within 6 years after discovery of the fraud or undue influence, which period is longer. -- 

Amends provisions relating to murder in the 1st degree, 2nd degree, and terroristic 

threatening to include death or bodily injury of a person who the defendant has been 

restrained, by order of any court, including an ex parte order, from contacting, 

threatening, or physically abusing; or a person who is being protected by a police officer 

ordering the defendant to leave the premises of that protected person during the effective 

period of that order, or a person known by the defendant to be a witness in a family court 

case and the killing is related to the person's status as a witness. -- Establishes labor 

trafficking in the 1st, and 2nd, additional sentencing considerations; victims held in 

servitude, extended terms of imprisonment; labor trafficking offenses, restitution for 

victims of labor trafficking, offense of nonpayment of wages, and offense of unlawful 

conduct with respect to documents. -- Establishes provisions relating to sex trafficking. 

Establishes sexual trafficking in the 1st and 2nd degrees and provisions for the rights of 

alleged trafficking victims. -- SB0077 HD1 


Mar-18 11 Referred to JUD 

SB0099 SD2 HD1 (HSCR 1508) RELATING TO THE PUBLIC UTILITIES COMMISSION. 

Introduced by: Baker R, Solomon M, English J, Kahele G, Tsutsui S, Kouchi R, Green 

J, Chun Oakland S 

Establishes provisions relating to notice of hearing required under the Hawaii water 

carrier act. Requires the public utilities commission to provide reasonable notice 

whenever the commission conducts a public hearing on an application for a certificate 

of public convenience and necessity. -- Amends provisions relating to public utilities 

commission; number, appointment of commissioners, qualifications; compensation; 

persons having interest in public utilities by adding establishment and composition of 

panel. Requires the commission to elect its chairperson from 1 of its members instead 

of being appointed by the governor. Requires the commission to establish 2 panels with 

membership consisting of 2 commissioners plus the chairperson. Further requires that 

1 panel to be devoted to issues relating to energy and the private water and sewage 

utilities and the other panel to be devoted to issues relating to motor and water carrier 

transportation services, telecommunications, and warehousing of goods. Repealed on 

July 1, 2017 (sunset). -- Amends provisions relating to employment by changing it to 

executive officer; appointment of assistants. Requires the commission to employ staff 

to include an executive officer, administrative personnel, and other personnel necessary 

to carry out the duties of the commission. -- Amends provisions relating to certificates of 

public convenience and necessity. Provides that if the application does not meet the 

criteria established, it shall be denied and requires any certificate issued to specify the 

service to be rendered and any reasonable conditions and limitations to the exercise of 

the privileges granted by the certificate as the public convenience and necessity may 

require at the time of issuance of the certificate or at any later time as determined by the 

commission. Requires the commission to post a link on the front page of the 

commission's website to publicly accessible electronic version of each application for a 

certificate, each order of the commission regarding posted applications, and the 

commission's final decision and order. Prohibits the commission to approve an 

application for a certificate or otherwise grant authorization to an application to operate 

as a water carrier until the commission has given notice and held public hearings. 

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Requires the commission to issue a certificate to any qualified applicant authorizing the 

whole or any part of the operations proposed in the application. Prohibits the commission 

to make finding of public convenience and necessity or issue an authorization, whether 

interim, permanent, or otherwise, to operate as a water carrier without specific finding 

supported by evidence in record indicates that the issuance of the certificate will diminish 

an existing water carrier's ability to realize its allowed rate of return or if the certificate 

would allow an applicant to serve only high margin or high profit ports or lines of service 

that are currently served by and existing carrier. -- Requires the public utilities 

commission to comprise 5 commissioners who reflect the requisite geographical and 

professional diversity by July 1, 2012 and allows the governor to nominate new 

commissioners as needed to meet the requirements or reduce the term of any 

commissioner as necessary. Initial and annual report to the legislature. Repealed on 

July 1, 2017 (sunset). Appropriation. ($$) -- SB0099 HD1 


Apr-18 11 Conference Committee: House Members: Herkes R, 

Oshiro M -- Chong P, Coffman D, Marumoto B, Nakashima M, 

Tokioka J 

Apr=18 11 Conference Committee: Senate Members: Baker R, 

Ige D, Kouchi R -- Nishihara C, Slom S 

SB0106 SD1 HD1 CD1 (CCR 28) RELATING TO THE HAWAII PENAL CODE. 

Introduced by: Shimabukuro M, Tsutsui S 

Amends Act 193, session laws of 2008, relating to multiple sentence of imprisonment, 

by making it apply to all terms of imprisonment imposed before, on, or after the effective 

date of this act. -- Requires the department of public safety, upon written request by an 

inmate serving multiple terms of imprisonment, to recalculate the inmate's term of 

imprisonment. -- SB0106 CD1 

Current Status: May=03 11 Re Committed to Conference Committee Senate 

May-03 11 Re Committed to Conference Committee House 

SB0110 SD2 (SSCR 579) RELATING TO INTOXICATING LIQUOR VIOLATIONS INVOLVING MINORS. 

Introduced by: Galuteria B, Ryan P, Chun Oakland S 

Amends provisions relating to prohibitions involving minors; penalty by adding immunity. 

Provides that any person ages 18 to 20 shall be guilty of a misdemeanor. Provides 

immunity from prosecution for a minor who has received treatment and for the minor who 

has summoned medical treatment for the minor who requires such treatment as a result 

of consuming liquor, remains at the scene until the medical treatment is administered to 

the minor, and cooperates with medical assistance and law enforcement personnel on 

the scene. Further provides immunity to 1 or 2 other minors acting in concert with the 

minor summoning medical treatment if the minors remain at the scene and cooperate. 

-- SB0110 SD2 


Mar-10 11 Single Referral to JUD 

SB0112 SD1 HD1 (HSCR 1070) RELATING TO TOURISM. 


Appropriation to the department of business, economic development, and tourism for the 

application for a spaceport license from the Federal Aviation Administration. Report to 

the legislature. ($$) -- SB0112 HD1 


Apr-18 11 Conference Committee: House Members: McKelvey A, 

Brower T, Choy I -- Evans C, Marumoto B 

Apr=18 11 Conference Committee: Senate Members: Espero W, 

Fukunaga C, Kim D, Ige D -- Kouchi R, Slom S 

SB0113 SD2 (SSCR 727) RELATING TO MEDICAL CANNABIS RESEARCH. 


Establishes a pilot medical (cannabis) research program within the department of public 

safety. Requires an individual or organization seeking to conduct a medical cannabis 

research project to register with the narcotics enforcement division of the department. 

Pilot program to cease to exist and Act to be repealed on December 31, 2015 (sunset). 

-- SB0113 SD2 


Mar-10 11 Multiple Referral to PBM/ HLT/ then JUD then FIN 

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SB0116 SD2 HD2 (HSCR 1206) RELATING TO CULTURE AND THE ARTS. 

Introduced by: Solomon M, Galuteria B 

Amends provisions relating to powers and duties of the Hawaii tourism authority. Allows 

the authority to have a permanent, strong focus on marketing and promotion, while 

balancing the need for the promotion and integration of native Hawaiian cultural 

initiatives, and to support and promote traditional Hawaiian arts and cultural activities, 

including but not limited to traditional Hawaiian music, dance, and arts and crafts. 

Requires the Hawaii tourism authority to consider establishing or designating a place in 

which the residents of Hawaii, particularly native Hawaiians, can gather to take part in, 

support, and promote traditional Hawaiian arts and cultural activities. Report to the 

legislature. -- SB0116 HD2 



SB0119 SD2 HD1 (HSCR 1038) RELATING TO PUBLIC BUILDINGS. 

Introduced by: Solomon M 

Establishes the state facility renovation partnership program law. Establishes the 

program administered by the department of accounting and general services. Requires 

the department to review all state office facilities and compile a list of priority facilities on 

state owned land that is best suited for the state facility renovation partnership program. 

Allows the department to enter into agreement with a private investor for the sale of a 

priority facility who shall renovate and maintain the facility and may lease the facility back 

to the State. Establishes the state facility renovation partnership special fund. -- SB0119 

HD1 




Introduced by: Baker R, Green J, English J 

Allows the Hawaii health system corporation to lease Kula hospital's medical clinic to the 

Community Clinic of Maui, Inc., doing business as Malama I Ke Ola Health Center for 

____ dollars per year for 10 years, with the option to renew. -- SB0121 SD2 


Mar-10 11 Multiple Referral to HLT then FIN 

SB0122 SD2 (SSCR 733) RELATING TO NATUROPATHIC PHYSICIANS. 


Amends the accident and health or sickness insurance contracts law, benefit societies 

law, and the health maintenance organizations act (HMOs) to include a rider that 

provides coverage for complementary or alternative medicine for services for purposes 

of health maintenance diagnosis, or treatment provided by a naturopathic physicians 

practicing within the scope of their licensure. Redefines child health supervision services 

to mean services supervised by a physician or osteopathic physician licensed or services 

delivered by a physician or osteopathic physician licensed, a naturopathic physician 

licensed or a registered nurse licensed. Amends provisions relating to coverage for 

specific services to include reimbursements for services within the respective allowable 

scope of practice and naturopathic physician licensed. Amends provisions relating to 

medical foods and low protein modified food products; treatment of inborn error of 

metabolism notice to include a naturopathic physician licensed. Requires all mutual 

benefit societies, fraternal benefit societies, and health maintenance organizations 

(HMOs) to work collaboratively with the board of naturopathic medicine to establish 

standards and criteria for certifying naturopathic physicians licensed and practicing within 

the scope of licensure as participating providers. -- SB0122 SD2 



SB0125 SD2 HD1 (HSCR 1040) RELATING TO PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL 

DISABILITIES. 

Introduced by: Chun Oakland S, Green J, Fukunaga C 

Establishes provisions relating to employment training and placement. Requires the 

department of human services in cooperation with the department of education and the 

department of health to establish an employment training and placement program for 

persons with intellectual and developmental disabilities. Requires the department to seek 

a Medicaid waiver to provide funding for services. Appropriation to the department of 

human services for the employment training and placement program as matching state 

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funding to federal funds received to a Medicaid waiver. ($$) -- SB0125 HD1 



SB0126 SD2 HD1 (HSCR 1041) RELATING TO PERSONS WITH DISABILITIES. 

Introduced by: Chun Oakland S, Green J 

Allows the speaker of the house of representatives and the president of the senate to 

establish a joint legislative task force to thoroughly study, assess, and accordingly revise 

the medicaid buy in program for working persons with disabilities. Report to the 

legislature. Task force to cease to exist on June 30, 2012 (sunset). Requires the 

legislative reference bureau to assist the joint legislative task force in preparing its report 

and any proposed legislation. -- SB0126 HD1 



SB0127 SD1 HD1 (HSCR 1042) MAKING A GRANT FOR THE ESTABLISHMENT AND OPERATION OF A 

COMPREHENSIVE DEAF CENTER. 

Introduced by: Chun Oakland S, Green J, Shimabukuro M, Ihara L 

Appropriation to the department of human services as a grant for the establishment of 

a comprehensive deaf center. -- Appropriation to the department to provide funding for 

grants for the operation of a comprehensive deaf center. ($$) -- SB0127 HD1 



SB0132 SD1 (SSCR 487) RELATING TO LEAF BLOWERS. 

Introduced by: Chun Oakland S, Gabbard M, Green J 

Amends provisions relating to leaf blower; restrictions. Prohibits any person to operate 

of a leaf blower for more than 15 minutes per day per 1/4 acre per parcel. -- SB0132 SD1 


Mar-10 11 Multiple Referral to EEP then JUD 

SB0141 SD2 (SSCR 711) RELATING TO LAND-SECURED FINANCING. 

Introduced by: Dela Cruz D, Kidani M, Kouchi R, Espero W 

Amends provisions relating to improvement by assessment; financing. Allows any county 

to enact ordinances to provide for the creation of improvement districts and community 

facilities districts to finance improvements in the county and operation expenses for 

certain county services. Allows the county to apply up to ____ per cent of the 

assessments of tax revenues to cover the administrative expenses of the counties in 

creating and administering an improvement district and the associated assessments, 

fees, and taxes. Allows the county to provide police protection services; fire protection 

and suppression services; ambulance and paramedic services; recreation program 

services; maintenance and lighting of parks, parkways; streets, roads, and open spaces; 

flood and storm protection services; services with respect to removal or remedial action 

for the cleanup of any hazardous substance released or threatened to be released into 

the environment; and maintenance of the capital improvements that are financed by 

improvement districts. Allows the counties to assess taxes to finance these services. 

Prohibits the additional services from supplanting services already available when the 

district was created. -- SB0141 SD2 


Mar-10 11 Multiple Referral to WLO then FIN 

SB0145 SD2 HD2 (HSCR 1555) RELATING TO IRRIGATION. 

Introduced by: Dela Cruz D, Kidani M, Kouchi R, Kahele G, Nishihara C, Espero W 

Authorizes the issuance of general obligation bonds for appropriation to the department 

of agriculture for capital improvements for the Waiahole irrigation system, Waimanalo 

irrigation system, Molokai irrigation system, upcountry Maui watershed, lower Hamakua 

ditch, Kau irrigation system, Kekaha ditch, and Kahuku agricultural park irrigation system. 

Projects for the upcountry Maui watershed and lower Hamakua ditch are deemed 

necessary to qualify for federal aid financing and reimbursement. ($$) -- SB0145 HD2 


Apr-18 11 Conference Committee: House Members: Tsuji C, 

Chang J, Hashem M -- Har S, Nakashima M, Riviere G 

Apr=18 11 Conference Committee: Senate Members: Nishihara 

C, Dela Cruz D, Kidani M, Kouchi R -- Slom S 

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SB0150 SD2 HD2 (HSCR 1513) RELATING TO BUILDING DESIGN FOR PERSONS WITH DISABILITIES. 

Introduced by: Green J, Chun Oakland S, Ihara L, Espero W, Nishihara C, Shimabukuro 

M 

Establishes provisions relating to accessible building design special account. Requires 

the disability and communication access board to establish an accessible building design 

special account within the disability and communication access board special fund. 

Amends provisions relating to building design to consider needs of persons with 

disabilities. Requires the board to charge a fee for services rendered. Establishes tiered 

fees based upon estimated construction costs. Annual report to the legislature. -- 

SB0150 HD2 


Apr-18 11 Conference Committee: House Members: Yamane R, 

Chang J, Lee M -- Morikawa D, Pine K, Wooley J 

Apr=18 11 Conference Committee: Senate Members: Chun 

Oakland S, Ige D -- Ihara L 

SB0154 SD1 HD1 (HSCR 1184) RELATING TO BROKER PRICE OPINIONS. 


Establishes provisions relating to broker price opinions. Allows a real estate broker or 

real estate salesperson licensed to prepare a broker price opinion that meets the 

requirements relating to the estimated price of a specific parcel of real estate and 

information of varying levels of detail about the property's condition and relevant market 

factors. Prohibits a real estate broker or real estate salesperson licensed to knowingly 

prepare a broker price opinion for use as an appraisal where an appraisal is required by 

law or otherwise. Prohibits a person aggrieved by a broker price opinion to be entitled 

to recover under the real estate recovery fund. Amends provisions relating to findings 

and purpose to include scope. Prohibits a broker price opinion as an appraisal. -- 

SB0154 HD1 



SB0155 SD2 HD1 (HSCR 1578) RELATING TO ATHLETIC TRAINERS. 

Introduced by: Baker R, Green J, Ige D 

Establishes the athletic trainers law. Prohibits a person to represent, advertise, or 

announce oneself, either publicly or privately, as an athletic trainer, nor use in connection 

with the person's name or place of business the words registered athletic trainer, or any 

other words, letters, abbreviations, or insignia indicating or implying that the person is an 

athletic trainer unless the person has registered with the department of commerce and 

consumer affairs. Require the department to maintain a current list of names and 

business addresses of athletic trainers and the registrant's copy of its certification from 

the National Athletic Trainers Association Board of Certification to be a public record. 

Requires physician to provide supervision to an athletic trainer for athletic training 

services plans or protocols. Establishes penalties. -- SB0155 HD1 



Espero W -- Taniguchi B 


Oshiro B, Chong P -- Brower T, Chang J, Marumoto B, Tokioka 

J 

SB0165 SD2 HD1 (HSCR 1068) RELATING TO AEROSPACE DEVELOPMENT. 


Amends Act 161, session laws of 2009, relating to the development of a statewide 

starlight reserve strategy by extending the advisory committee to June 30, 2013 (sunset). 

Appropriation to the department to support the aerospace advisory committee and 

starlight reserve advisory working committee; support for the pacific international space 

alliance; support for program development and outreach to the federal and foreign 

governments and the aerospace industry; support for public education; support of the 

Pacific international space center for exploration systems; salary for a full time 

administrative assistant; support for installation of the National Aeronautics and space 

Administration's habitat demonstration unit; and matching funds provided to the university 

of Hawaii to qualify for a grant from the experimental Program to Stimulate competitive 

Research of the National Science Foundation. ($$) -- SB0165 HD1 



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Choy I -- Evans C, Hashem M, Marumoto B, Nishimoto S 


Fukunaga C, Ige D -- Slom S 

SB0166 SD1 (SSCR 710) RELATING TO THE CLEAN AND SOBER HOME AND HALFWAY HOUSE TASK 

FORCE. 


Establishes a clean and sober home and halfway house task force within the department 

of health to address the health, safety, and welfare of individuals placed in clean and 

sober homes or halfway houses; address the needs and concerns of the communities 

in which the clean and sober homes or halfway houses are located; develop procedures 

and protocols for making clean and sober homes or halfway houses accountable, yet not 

requiring formal licensure; and ensure that all recommendations are in compliance with 

federal and state housing laws for persons with disabilities. Report to the legislature. -- 

SB0166 SD1 


Mar-10 11 Multiple Referral to HLT/ HUS/ then FIN 

SB0169 SD2 HD1 (HSCR 1162) RELATING TO CARGO INSPECTIONS. 

Introduced by: Espero W, Gabbard M 

Allows the state department of defense and the department of transportation in 

consultation with federal and state agencies and private organizations involved with 

shipping cargo into the State to develop and implement a 3 year pilot program to use 

dogs to inspect incoming cargo for illegal fireworks and explosives smuggled into the 

State. Requires the department of transportation to submit a report to the legislature on 

the implementation of the program. Appropriation out of the federal funds received under 

the homeland security grant program to the department of transportation to establish and 

administer the pilot program. ($$) -- SB0169 HD1 



SB0170 SD1 HD1 (HSCR 950) RELATING TO SHIPPING CONTAINER INSPECTIONS. 

Introduced by: Espero W, Kidani M 

Establishes provisions relating to power to inspect shipping containers. Allows the 

director of civil defense and the department of transportation to inspect any shipping 

container situated anywhere at any commercial harbor to detect and confiscate or detain 

any material constituting a threat directly or indirectly to the security of life and property 

in Hawaii, including explosives other than fireworks. Allows the department to collaborate 

with any federal agency, including the US armed services, and state and county 

agencies. -- SB0170 HD1 



SB0171 SD2 (SSCR 574) RELATING TO FIREWORKS. 

Introduced by: Espero W, Gabbard M 

Establishes provisions relating to aerial luminaries; prohibited. Provides that it shall be 

unlawful to ignite, possess, sell, or otherwise use aerial luminaries commonly known as 

sky lanterns, Hawaii lanterns, and flying luminaries. Establishes fines. -- SB0171 SD2 


Mar-10 11 Multiple Referral to PBM then JUD 



Amends provisions relating to definitions under the uniform controlled substances act. 

Redefines written certification by replacing department of public safety with the 

department of health. Amends provisions relating to registration requirement by 

transferring registration requirements to the department of health instead of the 

department of public safety. Transfers all rights, powers, functions, and duties of the 

department of public safety relating to the medical use of marijuana (cannabis) to the 

department of health. -- SB0175 SD2 


Mar-10 11 Multiple Referral to PBM/ HLT/ then FIN 

SB0179 SD1 (SSCR 674) RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM. 

Introduced by: Gabbard M, Chun Oakland S, Kouchi R, Kidani M 

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Amends provisions relating to definitions under the beverage container program. 

Redefines deposit beverage by repealing the exclusion of a liquid which is designed and 

consumed only as a dietary supplement and not as a beverage. -- SB0179 SD1 


Mar-10 11 Multiple Referral to EEP/ ERB/ then FIN 

SB0199 SD2 HD1 (HSCR 1449) RELATING TO RENEWABLE ENERGY. 

Introduced by: Gabbard M, Chun Oakland S, Shimabukuro M 

Establishes provisions relating to the transfer from a non general fund for renewable 

energy technologies income tax credit. Requires the director of finance to transfer to the 

general fund from a non general fund a cash amount equivalent to the renewable energy 

technologies income tax credit claimed by a taxpayer when certain conditions exist. 

Requires the director of finance to make a transfer of the tax credit amount from a non 

general fund to the general fund if the director of taxation disallows the claim from the tax 

credit provided that if the director of taxation disallows a claim after the transfer of the tax 

credit amount from a non general fund to the general fund, the director of finance shall 

reimburse the non general fund from the general fund. -- SB0199 HD1 


Apr-19 11 Conference Committee: House Members: Oshiro M -- 

Chong P, Ito K, Ward G, Yamashita K 

SB0209 SD1 (SSCR 224) RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO 

ASSIST PALOLO CHINESE HOME AND ITS SUBSIDIARIES. 


Authorizes the issuance of special purpose revenue bonds to assist Palolo Chinese 

Home, a Hawaii not for profit corporation, and it's not for profit subsidiaries, to finance the 

expansion, construction, and rebuilding of its health care facilities. Authorizes the 

issuance of refunding special purpose revenue bonds to refund the special purpose 

revenue bonds. ($$) -- SB0209 SD1 


Mar-18 11 Single Re referral to FIN 

SB0218 SD1 (SSCR 768) RELATING TO HEALTHCARE. 

Introduced by: Baker R, Kidani M, Shimabukuro M, Chun Oakland S, Tokuda J 

Establishes provisions relating to compassionate care. Requires hospitals that provide 

medical care to sexual assault survivors to provide each female assault survivor with 

medically and factually accurate and unbiased written and oral information about 

emergency contraception; orally inform female sexual assault survivor of the option to 

receive emergency contraception at the hospital; when medically indicated, provide 

emergency contraception to each female assault survivor who requests it; and ensure 

that each person at the hospital who may provide emergency medical care to be trained 

to provide a sexual assault survivor with medically and factually accurate and unbiased 

written and oral information about emergency contraception and sexual assault treatment 

options and access to emergency contraception. Prohibits a hospital to deny a sexual 

assault survivor emergency contraception based on a refusal to undergo a forensic or 

other medical examination or a refusal to report the alleged sexual assault to law 

enforcement. Prohibits a hospital to be required to provide emergency contraception to 

a sexual assault victim who has been determined to be pregnant. Requires the 

department of health pay the cost of the emergency contraception dispensed to sexual 

assault survivors from the domestic violence and sexual assault special fund. 

Establishes provisions relating to enforcement; administrative penalties. Requires the 

department to set charge and collect administrative fines and recover administrative fees 

and costs, including attorney's fees and costs, resulting from a violation. Requires the 

department to establish a policy and procedure to monitor compliance, including 

complaints process; respond to any complaint received by the department concerning 

noncompliance by a hospital and provide written notice to any hospital that the 

department determines is in violation, including an opportunity to take corrective action. 

Establishes penalty. -- SB0218 SD1 


Mar-10 11 Multiple Referral to HLT then JUD 

SB0223 SD1 (SSCR 2539) RELATING TO DOMESTIC ABUSE ORDERS. 

Introduced by: Baker R, Kidani M, Shimabukuro M, Chun Oakland S, Tokuda J 

Amends provisions relating to abuse of family or household members; penalty. Requires, 

rather than allows, any police officer, with or without a warrant, who has reasonable 

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March 8, 2012 9


grounds to believe that there was physical abuse or harm inflicted by 1 person upon a 

family or household member, regardless of whether the physical abuse or harm occurred 

in the officer's presence, to order the person to leave the premises for a period of 

separation of 24 hours, during which time the person shall not initiate any contact, either 

by telephone or in person, with the family member. -- SB0223 SD1 


Mar-08 12 Multiple Referral to HUS then JUD 

SB0224 SD2 (SSCR 673) RELATING TO LUPUS. 

Introduced by: Kidani M, Ryan P, Shimabukuro M, Fukunaga C, Chun Oakland S, 

Tokuda J, Baker R 

Requires the director of health to establish a working group within the department to 

develop a comprehensive plan to improve education and awareness of lupus in the State. 

Requires the plan to focus on minority populations and at risk communities to raise public 

awareness, educate consumers, and educate and train health professionals, human 

service providers, and other audiences. Requires the director of health to submit the 

working group's comprehensive plan and report to the legislature. Working group to 

cease to exist on June 30, 2012 (sunset). -- SB0224 SD2 



SB0233 SD2 HD1 (HSCR 1445) RELATING TO TOBACCO PRODUCTS. 


Amends provisions relating to the cigarette tax and tobacco tax law. Adds an excise tax 

of 1.60 dollars on each ounce of moist snuff. Defines moist snuff to mean any finely cut, 

ground, or powdered tobacco that is not intended to be smoked, but shall not include any 

finely cut, ground, or powdered tobacco that is intended to be placed in the nasal cavity. 

-- SB0233 HD1 



Baker R, Chun Oakland S -- none 


Oshiro M -- Lee M, Ward G 

SB0238 SD2 HD1 (HSCR 1060) RELATING TO THE UNIVERSITY OF HAWAII. 

Introduced by: Tokuda J, Kidani M, Chun Oakland S 

Establishes provisions relating to the university of Hawaii; carryover of funds. Allows the 

university of Hawaii to retain up to 5 per cent of general funds appropriated to be carried 

over to the subsequent fiscal year and become part of that fiscal year's appropriation, 

provided that the retention of appropriated funds shall not be used as a basis for reducing 

the university's future budget requirements. Requires an annual report to the director of 

finance which includes the total amount of funds that will carry over to the next fiscal 

year. Annual report to the legislature. -- SB0238 HD1 



SB0239 SD2 HD2 CD1 (CCR 2-12) RELATING TO THE HAWAII TOBACCO SETTLEMENT SPECIAL FUND. 

Introduced by: Tokuda J 

Amends provisions relating to the Hawaii tobacco settlement special fund. Adds that the 

28 per cent appropriated into the university of Hawaii revenue undertakings fund shall be 

used as payment of annual operating expenses incurred by the new medical school 

facility and provides that starting with fiscal year 2013 - 2014, the amount to be 

appropriated shall be reduced to 27 per cent and for fiscal year 2014 - 2015, the amount 

shall be reduced to 26 per cent. -- Requires the university to prepare a detailed 

accounting of all revenues and expenditures relating to moneys appropriated into the 

fund and any moneys used for the operating costs of the medical school facility. Reports 

to the legislature. Further requires the university to report to the legislature detailing its 

financial plan to fund the operating expenses of the John A. Burns school of medicine 

beginning July 1, 2015, when it is no longer authorized to use a portion of the Hawaii 

tobacco settlement special fund moneys. Reports to the legislature. -- SB0239 CD1 

Current Status: Jan-30 12 Received by the Governor 

Feb-13 12 Approved by Governor (Act 2 2012) 

SB0240 SD2 HD2 (HSCR 1514) RELATING TO PHYSICIAN WORKFORCE ASSESSMENT. 

Introduced by: Tokuda J, Chun Oakland S 

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March 8, 2012 10


Amends provisions relating to the John A. Burns school of medicine special fund. 

Provides that of the physician workforce assessment fees transferred and deposited into 

the fund 100 per cent shall be used to address communication of federal health care 

reform and implementation of the federal Affordable Care Act, support and develop the 

medical home model, and support increases in physician reimbursements. Amends Act 

18, special session laws of 2009, establishing the workforce assessment fee and 

requiring the director of commerce and consumer affairs to disburse from the compliance 

resolution fund, funds collected from the fee, to the special fund, by changing the report 

to the legislature, the state health planning and development agency, and the Hawaii 

medical board to be made annually and by extending the sunset date. -- SB0240 HD2 



Lee M -- Morikawa D, Pine K 

Apr=18 11 Conference Committee: Senate Members: Tokuda J, 

Green J, Ige D -- none 

SB0242 SD1 (SSCR 589) RELATING TO THE UNIVERSITY OF HAWAII. 


Amends provisions relating to the university of Hawaii. Repeals provision that the 

university report on each transfer implemented; that a statement of all trust funds be 

included in the annual report to the legislature and governor; the annual report on the 

scholarship and assistance special fund; the annual report on the community colleges 

conference center revolving fund; annual report by the board of regents of the university 

of Hawaii on salaries paid; annual report on the status of the construction academy 

program; and annual report on the nursing scholars program. Changes the report to the 

legislature by the commissioners of the Western Interstate Commission for Higher 

Education to be submitted every odd numbered year. Amends Act 188, session laws of 

2008, by repealing the annual incentive and performance report to the legislature. -- 

SB0242 SD1 


Mar-10 11 Multiple Referral to HED then FIN 

SB0243 SD2 HD1 (HSCR 1590) RELATING TO THE WESTERN INTERSTATE COMMISSION FOR HIGHER 

EDUCATION. 


Establishes provisions relating to the Hawaii western interstate commission for higher 

education. Establishes the commission comprised of the state commissioners to the 

western interstate commission for higher education placed within the university of Hawaii. 

Allows the Hawaii commission to establish a repayment program policy for students who 

receive any financial support from the student exchange program. Establishes the 

professional student exchange program special fund to receive repayments and which 

shall be used to support the program's activities and enforce collection. -- SB0243 HD1 


Apr-18 11 Conference Committee: House Members: Nishimoto 

S, Tokioka J -- Johanson A, Nakashima M, Saiki S 


Kidani M -- Taniguchi B 

SB0244 HD1 (HSCR 1062) RELATING TO THE UNIVERSITY OF HAWAII. 


Repeals and replaces benchmarks; annual budget requests; biennial reports with biennial 

reports. Requires the board of regents of the university of Hawaii to adopt strategic 

goals, outcomes, and performance indicators. Biennial reports to the legislature. -- 

SB0244 HD1 



S, Tokioka J -- Johanson A, Nakashima M, Saiki S, Wooley J 

Apr=18 11 Conference Committee: Senate Members: Tokuda J 

-- Slom S, Taniguchi B 

SB0249 SD2 HD2 (HSCR 1556) MAKING AN APPROPRIATION TO THE DEPARTMENT OF AGRICULTURE. 

Introduced by: Dela Cruz D, Espero W, Kidani M, Tokuda J 

Appropriation to the department of agriculture to acquire a slaughterhouse within the 

Campbell Industrial Park on the island of Oahu; fund necessary construction, renovation, 

and improvement projects; and purchase equipment. ($$) -- SB0249 HD2 

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March 8, 2012 11




Oshiro M -- Hashem M, Nakashima M, Riviere G 


C, Kidani M -- Dela Cruz D, Slom S 

SB0250 SD1 (SSCR 158) RELATING TO THE COMMISSION ON SALARIES. 


Amends provisions relating to commission on salaries. Requires the commission on 

salaries to conduct a public hearing to solicit public comment on the report and give 72 

hours prior notice of hearing as well as internet address where report will be accessible. 

Report to the legislature. -- SB0250 SD1 


Feb-18 11 Multiple Referral to LAB then FIN 

SB0258 SD1 (SSCR 631) RELATING TO PUBLIC SAFETY. 

Introduced by: Espero W, Baker R 

Establishes provisions relating to reduced ignition propensity cigarette program special 

fund. Requires that the fees collected from cigarette certification under the reduced 

ignition propensity cigarette law be deposited in a special fund to be administered by the 

state fire council. Requires that funds collected be expended to defray the actual cost 

of activities and requirements by employing an administrator and administrative assistant. 

-- Amends provisions relating to certification; marking by adding administration. 

Authorizes the council to annually adjust the certification fee to ensure it defrays the 

actual costs of the administration and staffing requirements and processing, testing, 

enforcement, inspection, and oversight activities. -- SB0258 SD1 


Mar-10 11 Multiple Referral to PBM then FIN 

SB0261 SD2 HD1 (HSCR 1205) RELATING TO HAWAIIAN MUSIC AND DANCE. 

Introduced by: Galuteria B, Kim D, Kidani M, Kahele G 

Establishes provisions relating to a museum for Hawaiian music, dance, and cultural arts 

design committee; established. Establishes the design committee within the state 

foundation of culture and the arts to invite developers to prepare plans, specifications, 

and designs for the construction of the museum, and to review for approval the proposed 

museum development plans submitted by developers. Allows the committee to establish 

a nonprofit group or select a nonprofit group to manage and operate the museum. 

Requires the state foundation on culture and the arts to convene a task force to develop 

the museum of Hawaiian music, dance, and cultural arts. Appropriation to finance the 

design and construction of the museum. Requires federal funds and private funds. ($$) 

-- SB0261 HD1 



SB0284 SD2 (SSCR 709) RELATING TO CORRECTIONS. 

Introduced by: Kahele G, Green J, Shimabukuro M, English J, Galuteria B, Ryan P, 

Chun Oakland S 

Requires the department of public safety to establish temporary pilot program to be 

known as the Hawaiian cultural restoration program to provide working opportunities for 

non violent inmates to participate in the restoration and rebuilding of sites culturally 

significant to Hawaiian history and to provide skills development training that will 

incorporate instruction in the methods of rebuilding the historical site as well as the 

background and cultural significance of the site. Requires the office of Hawaiian affairs 

to determine and identify the sites to be restored. Program to cease to exist on June 30, 

2015 (sunset). Appropriation. ($$) -- SB0284 SD2 


Mar-10 11 Multiple Referral to PBM/ HAW/ then FIN 

SB0289 SD2 HD1 (HSCR 1519) RELATING TO EDUCATION. 


Requires the Families for R.E.A.L. program to develop a plan to cover ____ per cent of 

its program costs and to transition into a greater statewide role to provide resources to 

train parents of young children, train school personnel who work with parents of young 

children, and make resource materials available to families. Report to the legislature and 

governor. Requires matching funds at a ratio of ____ per cent in public moneys to ____ 

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March 8, 2012 12


per cent in private funds. Appropriation to the department of education for the Families 

for R.E.A.L. program and professional and curriculum development in parent involvement 

for the department of education and the early learning council. ($$) -- SB0289 HD1 


Apr-18 11 Conference Committee: House Members: Takumi R, 

Oshiro M -- Belatti D, Chang J, Johanson A 


Kidani M -- Slom S 

SB0318 SD2 HD2 (HSCR 1585) RELATING TO BUSINESS DEVELOPMENT IN HAWAII. 

Introduced by: Galuteria B 

Amends provisions relating to the motion picture, digital media, and film production 

income tax credit by adding media infrastructure project and qualified persons crew 

training program rebate. Provides tax credits for qualified costs incurred for media 

infrastructure projects from July 1, 2011, ending January 1, 2016 (sunset) of ____ per 

cent for projects in a county with a population of over 700,000 and ____ per cent in a 

county with a population of 700,000 or less. Provides a qualified persons crew training 

program rebate of ____ per cent of the hourly wages of each resident participant in a 

qualified persons crew training program. -- Establishes provisions relating to digital media 

enterprise subzones. Provides a digital media infrastructure income tax credit equal to 

a percentage of the taxpayer's base investment. Requires the taxpayer to transmit 15 

per cent of the gross revenues derived from the project to the department of taxation for 

deposit into the general fund. To qualify the facility must be used for production or 

postproduction activity. Repealed on June 30 2021 (sunset). -- Establishes provisions 

relating to digital media production infrastructure tax credit under insurance laws. 

Repealed on June 30 2021. -- Amends the Hawaii television and film development board 

to the Hawaii film office board. -- Establishes the Hawaii film office special fund. 

Requires the fund to be used by the board to assist in, and provide incentives for, the 

production of eligible Hawaii projects that are in compliance with criteria and standards 

established by the board in accordance with rules adopted by the board, including a grant 

program and a venture capital program. -- Amends the Hawaii television and film 

development special fund by changing it to the Hawaii film office special fund. Requires 

rent from usage of the Hawaii film studio operated by the film office branch and fees 

collected for processing taxpayer letters pursuant to the motion picture, digital media, and 

film production income tax credits and the tax credit certification program to be deposited 

into the film office special fund. Repeals the deposit of profit or other amounts received 

from venture capital investments. Further repeals the provisions under the fund for 

grants and venture capital programs. Allows moneys in the fund to be used for the 

operation of the Hawaii film office including personnel costs. Repealed June 30, 2021. 

-- SB0318 HD2 


Apr=18 11 Conference Committee: Senate Members: Fukunaga 

C, Tokuda J, Ige D -- English J, Kouchi R 


Nishimoto S, Choy I -- Carroll M, Chong P, Har S, Hashem M, 

Marumoto B, Ward G, Yamashita K 

SB0333 SD3 HD2 (HSCR 1595) RELATING TO HISTORIC PRESERVATION. 


Amends provisions relating to the Hawaii historic preservation special fund. Requires 

that 1 per cent of all state fund appropriations for capital improvements designated for 

the construction or renovation of state buildings be deposited in to the fund. Requires 

the moneys in the fund be used solely for the costs related to site modifications, display, 

and interpretive work necessary to enhance the visitor experience for the Bernice Pauahi 

Bishop Museum, Iolani Palace, and Washington Place and Mauna Ala. Requires the 

comptroller to provide each agency receiving capital improvement appropriations with 

information regarding items that shall be included and excluded from the 1 per cent 

amount for historic preservation, ensure that each agency calculates its 1 per cent 

amount correctly, and ensure that each agency transfers the correct amount to the fund 

in a timely manner. Requires the comptroller and the department of land and natural 

resources to track amounts due from each agency. Requires the Comptroller to submit 

a report to the legislature and to the governor. -- SB0333 HD2 


Apr-18 11 Conference Committee: House Members: Hanohano 

F, Chang J, Oshiro M -- Ching C, Evans C, Har S, Lee C 

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March 8, 2012 13



C, Ige D -- Wakai G 

SB0367 SD3 HD2 (HSCR 1536) RELATING TO ENERGY. 


Establishes provisions relating to interisland transmission system. Provides that prior to 

installing a high voltage electric transmission cable system a cable company shall be 

selected through a request for proposal, or other process approved by the public utilities 

commission, and issued a certificate of public convenience and necessity by the 

commission. Requires the commission to approve, by order, the tariff of the certified 

cable company. Requires the commission to establish a cable surcharge to allow 

recovery of the high voltage electrical transmission cable system costs designated for 

recovery according to the rate making principles pursuant to certification. Allows the 

commission to approve an electric company's acquisition of a high voltage electric 

transmission cable system pursuant to a commission approved turnkey cable contract 

or a cable purchase contract. Allows the company to recover costs for the purchase of 

the cable. -- Provides that the surcharge shall be exempt from use tax and public utilities 

taxes. Further provides amounts received as cable surcharge by the electric company 

shall be excluded from income taxes. -- SB0367 HD2 


Apr-18 11 Conference Committee: House Members: Coffman D, 

Herkes R, Oshiro M -- Chong P, Ito K, Kawakami D, Marumoto B, 

Nakashima M 

Apr=19 11 Conference Committee: Senate Members: Gabbard 

M, Baker R, Ige D -- English J 

SB0414 SD3 HD1 (HSCR 980) RELATING TO THE HAWAII HEALTH SYSTEMS CORPORATION. 


Amends provisions relating to Hawaii health systems corporation law. Repeals provision 

that provides that the authority shall not be construed to authorize the sale, pledge, or 

mortgage of real property under the control of the corporation or a regional system board. 

Provides that the corporation or any regional system board shall not sell, assign, lease, 

hypothecate, mortgage, pledge, give or dispose of any ceded lands or any property 

affiliated with the US department of Veterans Affairs, including properties that serve as 

veterans homes; provides further that in cases where the corporation issues revenue 

bonds, the corporation shall not mortgage a property for a term longer than 30 years. 

Requires the Hawaii health systems corporation aggregate value of financing agreements 

per fiscal year shall not exceed 25 million dollars per regional system. -- SB0414 HD1 





Amendment relating to health. -- SB0416 SD1 





Amends provisions under the Hawaii health systems corporation. Amends provisions 

relating to corporation board by amending the membership of the board. Repeals the 5 

regional chief executive officers; increases the members who reside in the county of Maui 

to 3; increases the members who reside in eastern section of the county of Hawaii to 2; 

increases the members who reside in the western section of the county of Hawaii to 2; 

adds 1 member who shall alternately represent the eastern section and western section 

of the county of Hawaii and who shall be appointed by the respective regional system 

board; increases the members who reside on the island of Kauai to 2; increases the 

members who reside on the island of Oahu to 2; and repeals the at large voting member 

appointed by the governor. Amends provisions relating to regional system boards by 

changing the appointment terms from 3 years to between 2 and 5 years, with the specific 

term length to be established at the time of appointment by a 2/3rds affirmative vote of 

the existing regional system board members. -- SB0417 SD2 



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March 8, 2012 14


SB0420 SD3 HD1 (HSCR 1175) RELATING TO HEALTH. 


Appropriation to the department of health for breast and cervical cancer screening, for 

direct health care for the uninsured at federally qualified health centers throughout the 

state, which may include primary medical, breast and cervical cancer screening, dental, 

and behavioral health care services. Allows the distribution of funds to be on a per visit 

basis. -- Appropriation to the department of human services to restore basic adult dental 

benefits to medicaid enrollees; to comply with federal regulations requiring at least 1 out 

stationed eligibility worker to be placed at every federally qualified health center site, to 

provide outreach to families with children eligible for medicaid and Children's Health 

Insurance Program enrollment, to provide outreach to families eligible for medicaid 

enrollment, for the immigrant health initiative, and to establish an office to promote 

meaningful use and certify the eligibility of providers to obtain federal funds (requires the 

department to obtain the maximum federal matching funds for these expenditures). -- 

Appropriation to the department of health for Lanai community health center, Waianae 

district comprehensive health and hospital board, inc., Hana health, Ho'ola (Hoola) Lahui 

Hawaii, Molokai ohana health care, Inc, Kalihi Palama health center, and Pahoa family 

health center. -- Report by the department of human services to the Centers for Medicare 

and Medicaid Services. ($$) -- SB0420 HD1 



SB0425 SD3 (SSCR 774) RELATING TO MEDICAID. 


Appropriation to the department of human services for the creation of a wellness pilot 

program for Medicaid recipients or QUEST members. Establishes the joint legislative 

task force on Medicaid law. Authorizes the president of the senate and the speaker of 

the house of representatives, from time to time, to convene a joint legislative task force 

on Medicaid to examine issues relating to Medicaid shortfalls, including the Medicaid buy 

in program for working people with disabilities. ($$) -- SB0425 SD3 


Mar-10 11 Multiple Referral to HUS/ HLT/ then LMG then FIN 

SB0490 SD3 (SSCR 2598) RELATING TO THE HAWAII TOURISM AUTHORITY. 


Amends provisions relating to the transient accommodations tax. Increases the 

maximum amount deposited into the tourism special fund beginning on July 1, 2012, and 

ending on June 30, 2015 (sunset) to 71 million dollars and provides that beginning July 

1, 2012, 2 million dollars shall be expended for the development and implementation of 

initiatives to take advantage of expanded visa programs and increased travel 

opportunities for international visitors to Hawaii. -- SB0490 SD3 


Mar-08 12 Multiple Referral to TOU/ INT/ then FIN 

SB0573 SD2 HD2 (HSCR 1594) RELATING TO THE STATE BUDGET. 


Appropriation to the department of Hawaiian home lands to assess and track 

programmatic needs of applicants on its waitlists to determine the amount of future 

appropriations required. -- SB0573 HD2 



F, Oshiro M -- Lee C, Tokioka J, Ward G 

Apr=18 11 Conference Committee: Senate Members: Ige D -- 

Galuteria B, Kahele G, Kidani M, Slom S 

SB0580 SD2 (SSCR 769) RELATING TO AQUATIC LIFE. 

Introduced by: Tsutsui S, Baker R, English J 

Establishes provisions relating to conservation districts established; island of Maui. 

Requires the department of land and natural resources to establish 2 additional marine 

life conservation districts, each 1 to extend 3 miles or less from the shoreline of the island 

of Maui into state marine waters. -- Establishes provisions relating to conservation 

districts; reporting requirements. Requires the division of aquatic resources of the 

department of land and natural resources in collaboration with the university of Hawaii 

to report every 5 years to the legislature. -- SB0580 SD2 


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March 8, 2012 15



SB0582 SD2 (SSCR 717) RELATING TO COUNTY MUTUAL AID. 


Establishes the county mutual aid sharing of fresh water law. Establishes a mutual aid 

network of assistance among the counties where a county shall provide portable water 

and non portable water to another county during times of emergency if the mayor of an 

affected county petitions the governor to declare that an emergency exists within the 

affected county. -- Establishes the Hawaii statewide mutual aid system law. Designates 

the mayor of each county as the emergency management director for that county who 

shall serve as the governor's agent and who shall appoint an emergency management 

coordinator. Requires a county to render mutual aid to another county under a county 

mutual aid agreement executed among each of the counties. Establishes provisions 

relating to special mutual aid program for fire emergencies; creation of the Hawaii 

statewide mutual aid system administered by the department of defense; reimbursement 

of costs; State request or federal disaster relief; and reimbursement of costs by 

requesting county in the absence of a federal disaster declaration. -- SB0582 SD2 


Mar-15 11 Multiple Re referral to WLO then FIN 

SB0583 SD1 HD2 (HSCR 1509) RELATING TO CABLE TELEVISION SYSTEMS. 


Establishes provisions relating to designation of access organizations for PEG (public 

education and government) access channels. Allows the director of commerce and 

consumer affairs to designate an access organization to oversee the development, 

operation, supervision, management, production, and broadcasting of programs on PEG 

channels. Requires the director to establish requirements for the designation of access 

organization and ensure that the terms, conditions required of the operation of an access 

organization designated are fair to the public, taking into account the geographic, 

topographic, and economic characteristics of the service area and the economics of 

providing cable access in the service area. Provides that any decision designation, 

modifying, or rescinding a designation of an access organization or the requirements 

shall 1st be submitted for review to the cable advisory committee for advice. Amends 

provisions relating to cable advisory committee. Requires the committee to advise the 

director and access organizations on matters within the jurisdiction at the request of the 

director or any access organization and on any decision designating, modifying, or 

rescinding a designation of an access organization or the requirements. Requires the 

auditor to contract for a performance review or audit of Olelo Community Television to 

determine the effectiveness with which it implements its programs and uses its allocated 

resources. Report to the legislature. Requires the department of commerce and 

consumer affairs to make funds from the compliance resolution fund available to the 

auditor. Appropriation out of the compliance resolution fund to be expended by the 

auditor to contract for the performance review or audit. ($$) -- SB0583 HD2 


SB0591 SD2 HD2 (HSCR 1185) RELATING TO PHARMACY BENEFIT MANAGEMENT COMPANIES. 

Introduced by: Green J, Shimabukuro M 

Establishes in the department of commerce and consumer affairs a task force to review 

the policies of the state funded prescription drug coverage program and its services and 

customer complaints with the forced use of the mail order program. Report to the 

legislature. Task force shall cease to exist on May 1, 2012 (sunset). -- SB0591 HD2 



SB0595 SD2 HD1 (HSCR 1202) RELATING TO PHYSICIANS. 

Introduced by: Green J, Shimabukuro M 

Provides a medicaid physician income tax credit of ____ per cent of the amount of 

medical malpractice insurance premium paid by the physician if at least ____ per cent 

of the physician's total patient case load consists of medicaid patients and the physician 

does not owe the State delinquent taxes, penalties, or interest. -- SB0595 HD1 

Current Status: Mar-18 11 Passed Second Reading House 


SB0596 SD2 HD1 (HSCR 1165) RELATING TO HAWAII HEALTH CORPS. 

Introduced by: Green J, Nishihara C, Shimabukuro M, Baker R, Ige D 

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March 8, 2012 16


Appropriation to the university of Hawaii John A. Burns school of medicine and the school 

of nursing and dental hygiene to implement and sustain the Hilo medical center's rural 

interdisciplinary residency program. ($$) -- SB0596 HD1 



Nishimoto S, Morikawa D -- Nakashima M, Pine K, Saiki S 


Tokuda J, Ige D -- Shimabukuro M, Wakai G 

SB0597 SD2 (SSCR 693) RELATING TO PSYCHOLOGISTS. 

Introduced by: Green J, Baker R, Ige D, Fukunaga C 

Establishes provisions relating to prescription certification; application. Requires 

psychologist who applies for a conditional prescription certificate to demonstrate by 

official transcript or other official evidence satisfactory to the board of psychology that the 

psychologist holds a current license in good standing to practice psychology in Hawaii; 

consistent with established policies of the American Psychological Association for 

educating and training psychologists in preparation for prescriptive authority; successful 

completion of an examination for psychologists or an equivalent nationally examination 

relevant to establishing competence or prescribing and approved by the board; a federal 

drug Enforcement Administration registration number for limited use as restricted by state 

law; malpractice insurance in place sufficient to satisfy the rules adopted by the board, 

that covers the applicant during the period the conditional prescription certificate is in 

effect; completion of all other requirements, as determined by rules adopted by the board; 

and employment, including by contract, and an intent to practice the prescribing authority 

at a federally qualified health center established pursuant to title 42 US code Section 

1396. Requires the board to issue a conditional prescription certificate if it finds that the 

applicant has met all of the requirements or immediately relinquished the conditional 

prescription certificate if the psychologist no longer meets the requirements. Allows 

psychologist with a prescription certificate to prescribe psychotropic medication to any 

patient under the psychologist's care for whom psychotropic medication is clinically 

indicated if the psychologist holds a current license to practice psychology in Hawaii and 

maintain malpractice insurance, annually satisfies the continuing education requirements 

for prescribing psychologist recommended by the American Psychological Association 

which shall be no fewer than 20 hours each year, at least 1/2 of which shall be in 

pharmacology or psychopharmacology and maintains an ongoing collaborative 

relationship directly or by telecommunication with the doctors of medicine who oversees 

the general medical care of the psychologist's patients. Prohibits psychologist holding 

a conditional prescription certificate or prescription certificate to request, receive, or sign 

for professional controlled substance samples. Requires the board of psychology to act 

expeditiously to adopt rules and to take all other actions necessary to ensure that the 

pilot program established to commence no later than July 1, 2012. Report to the 

legislature. Act to be repealed on June 30, 2016 (sunset). -- SB0597 SD2 



SB0605 SD2 HD1 (HSCR 1106) RELATING TO THE DEPARTMENT OF EDUCATION. 

Introduced by: Kim D, Kouchi R, Galuteria B, Green J 

Establishes provisions relating to the duties of senior deputy superintendent for academic 

achievement. Establishes provisions relating to the duties of senior deputy 

superintendent for administration. Changes the department of education to consist of 2 

division, the academic achievement divisions and the administration division headed by 

the respective senior deputy superintendents. -- Amends provisions relating to salaries 

of the deputy superintendent, assistant superintendent, complex area superintendent 

being set by the board of education by adding senior deputy superintendents. Changes 

the limit that the salaries not exceed 80 per cent of the superintendent's salary to not 

exceed 90 per cent of the superintendent's salary. -- SB0605 HD1 



SB0608 SD2 HD1 (HSCR 1082) RELATING TO PUBLIC LANDS. 

Introduced by: Kim D, Kouchi R, Chun Oakland S 

Requires the department of land and natural resources to review and consider the sale 

or exchange of Sand Island parcels to leaseholders, and alternative sources of revenues 

to replace the lease revenues. Report to the legislature. -- SB0608 HD1 


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March 8, 2012 17



SB0640 SD1 (SSCR 645) RELATING TO THE WIRELESS ENHANCED 911 FUND. 

Introduced by: Kidani M, Espero W, Chun Oakland S, Dela Cruz D, Tokuda J 

Amends provisions relating to the report to the legislature by the wireless enhanced 911 

board. Requires the audit to include a survey of the status of and available funding for 

any projects that have been undertaken or planned during the previous year by public 

safety answering points and the results of the annual audit. -- Requires the board to 

select an independent 3rd party to audit the fund every year. -- SB0640 SD1 



SB0643 SD2 (SSCR 576) RELATING TO EXCESSIVE SPEEDING. 

Introduced by: Kidani M, Green J, Espero W, Shimabukuro M 

Amends provisions relating to excessive speeding. Provides that a vehicle owned by the 

defendant, used in the commission of the offense, and used by the defendant in at least 

2 prior convictions for offenses may be ordered by the court to be subject to criminal 

forfeiture. -- SB0643 SD2 



SB0646 SD1 (SSCR 494) RELATING TO ESCROW DEPOSITORIES. 


Establishes provisions relating to nationwide mortgage licensing system unique identifier 

required; reporting requirement under escrow depositories law. Requires every real 

estate transaction involving an escrow depository and a person under the enforcement 

for mortgage licensing act to maintain a unique identifier through the Nationwide 

Mortgage Licensing System and requires that the person include the person's unique 

identifier on all residential mortgage loan applications submitted to the escrow depository. 

Requires audited financial statements to include a listing of all information regarding 

unique identifiers reported to the commissioner and the date that the information was 

reported. Allows the commissioner of financial institutions to issue orders or directive to 

cease and desist the conduct of business; cease any harmful activities or violations; 

enter an immediate temporary order to cease doing business if the commissioner 

determines that the license was granted erroneously or that the licensee is currently in 

violation and any other affirmative action that the commissioner deems necessary. -- 

SB0646 SD1 


Mar-10 11 Multiple Referral to CPC then FIN 

SB0650 PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE 

CONSTITUTION OF THE STATE OF HAWAII AUTHORIZING THE CHIEF JUSTICE OF 

THE STATE SUPREME COURT TO APPOINT RETIRED JUDGES TO SERVE AS 

EMERITUS JUDGES. 

Introduced by: Baker R, Chun Oakland S, Tsutsui S, Shimabukuro M 

Proposes to amend the constitution. Allows the chief justice to appoint judges who have 

retired upon attaining the age of 70 years as emeritus judges, permitting the appointed 

judges to serve as per diem judges or judicial mentors in courts no higher than the court 

level they reached prior to the retirement and for terms not to exceed 3 months. -- 

SB0650 


Mar-08 12 Multiple Referral to JUD then FIN 

SB0652 SD2 HD1 (HSCR 1511) RELATING TO MORTGAGE FORECLOSURES. 

Introduced by: Baker R, Green J, Ihara L, Ige D, Chun Oakland S, Tsutsui S, Espero W 

Establishes provisions relating to conversion; residential property; conditions. Allows an 

owner occupant of a residential property that is being foreclosed nonjudicially may 

convert the action to a judicial foreclosure. -- Requires the notice of intent to foreclose 

nonjudicially that is served and posted to include a statement printed in not less than 14 

point font. Allows the foreclosing mortgagee to record a copy of the notice of intent to 

foreclose with the assistant registrar of the land court or bureau of conveyances. -- 

Amends provisions relating to pending actions; judgments; recording of, notice. Allows 

a notice of intent to foreclose to be recorded. -- Amends foreclosure under power of sale; 

notice; affidavit after sale by adding deficiency judgments. Requires the attorney to serve 

not less than 21 days before the date of sale, written notice of the intent to foreclose on 

LRB Systems 

March 8, 2012 18


all persons entitled to notice. Prohibits the mortgagee or other person who completes 

the nonjudicial foreclosure of a mortgage or other lien on residential property to be 

entitled to pursue or obtain a deficiency judgment against the owner occupant. -- Amends 

provisions relating to affidavit as evidence, when. Provides that the interests of the 

mortgagor is deemed extinguished upon the recordation of the affidavit in the bureau of 

conveyances within 30 days of the date of sale of the property at public auction. -- 

SB0652 HD1 



Keith-Agaran G, Oshiro M -- Cabanilla R, Ito K, McKelvey A, 

Riviere G 


Ige D -- Slom S 

SB0654 SD1 HD1 (HSCR 1190) RELATING TO TAXATION. 


Provides an ohana residential housing income tax credit for a taxpayer who signs a 

binding contract to purchase a newly constructed principal residence on or after April 1, 

2011, and before March 1, 2013 (sunset) or owns a residential real property and incurs 

construction or remodeling costs before July 1, ____. -- SB0654 HD1 



SB0655 SD1 (SSCR 708) RELATING TO CONVEYANCE TAX. 


Amends provisions relating to certificate of conveyance required. Requires the director 

of taxation to provide an image of all certificates of conveyance that were filed to the 

administrator of each county's real property assessment division within 10 days after the 

end of each week, without charge. -- SB0655 SD1 



SB0656 SD1 (SSCR 54) RELATING TO THE PUBLIC UTILITIES COMMISSION. 


Amends provisions relating to utilization of electricity generated from nonfossil fuels. 

Requires the public utilities commission to publish contracts for the purchase of nonfossil 

fuel generated energy by a public utility on a publicly accessible portion of the 

commission's website upon filing of the contract. Provides that upon final approval or 

determination of the commission the contract shall be published in its entirety. -- SB0656 

SD1 


Feb-14 11 Multiple Referral to EEP then CPC/ JUD/ then FIN 

SB0657 SD1 HD1 (HSCR 1171) RELATING TO CHIROPRACTIC. 


Amends provisions relating to chiropractic defined. Provides that chiropractic is the 

system of specific adjustment or manipulation of the joints and tissues of the body and 

the treatment of the human body by the application of manipulative, manual, mechanical, 

physiotherapeutic, or nutritional methods for which those persons licensed are trained. 

Allows the board of chiropractic examiners to require additional post licensure 

examination administered by the national Board of Chiropractic Examiners in 

circumstances where the board needs to assess a person's fitness to practice 

chiropractic including State to state reciprocity or endorsement; disciplinary action; or 

licensure lapse, suspension, or revocation. Requires the board to work with the 

American Chiropractic Association to define the scope of practice for chiropractic. Report 

to the legislature. -- SB0657 HD1 


Mar-24 11 Referred to CPC 

SB0671 SD2 (FLOOR RELATING TO ETHICS. 

AMENDMENT 2) Introduced by: Ihara L 

Amends provisions relating to gifts. Allows a legislator or employee to accept an 

invitation or ticket for a charitable event from a charitable entity, whether or not the 

charitable entity is the host of the charitable event. -- SB0671 SD2 


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March 8, 2012 19


Mar-23 11 Single Re referral to JUD 

SB0676 RELATING TO THE POWER OF ARREST. 

Introduced by: Taniguchi B 

Amends provisions relating to officer of US Customs and Border Protection Service or 

Citizenship and Immigration Service; arrest powers. Includes US Immigration and 

Custom Enforcement and Federal Bureau of Investigation. Also allows special agent in 

charge, Honolulu, US Immigration and Customs Enforcement, and special agent in 

charge, Honolulu Division, Federal Bureau of Investigation; or the Port Director, area port 

of Honolulu of the US customs and Border Protection to make arrests. -- SB0676 


Mar-10 11 Multiple Referral to PBM then JUD 

SB0682 SD1 (SSCR 2561) RELATING TO KAKAAKO. 

Introduced by: Dela Cruz D 

Amends provisions relating to prohibitions under the Hawaii community development law. 

Prohibits the Hawaii community development authority from approving any plan or 

proposal for any residential development in the makai portion of the Kakaako community 

development district, excluding lot 1, provided that at least 20 per cent of the units shall 

be dedicated as reserved housing. Provides that lot 1, as shown on the map filed with 

the bureau of conveyances of the State as file plan 2471, and tax map key (1) 2-1-15-61 

are conveyed to the office of Hawaiian affairs as grantee. -- SB0682 SD1 


Mar-08 12 Multiple Referral to WLO/ HAW/ then JUD then FIN 

SB0683 SD1 (SSCR 568) RELATING TO KAKAAKO. 


Establishes provisions relating to the transfer of development rights. Allows an owner 

of real property in Kakaako makai to convey all or a portion of the transferable 

development rights appurtenant to that real property to an owner of property in Kakaako 

mauka. -- Establishes provisions relating to the transfer of transferable development 

rights. Requires that transferable development right be considered an appurtenant real 

property right that runs with the land and shall be reflected on the title of the registered 

land of the receiving real property. -- SB0683 SD1 



SB0690 RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE. 


Amends provisions relating to rent. Provides that a landlord and tenant may agree that 

duly apportioned rent shall be payable at more frequent intervals. -- SB0690 


Mar-10 11 Multiple Referral to HSG then CPC 

SB0699 SD2 HD2 (HSCR 1539) RELATING TO THE OFFICE OF ENVIRONMENTAL QUALITY CONTROL. 

Introduced by: Gabbard M 

Establishes provisions relating to environmental review special fund; use of funds. 

Provides that the fund be used to fund the activities of the office of environmental quality 

control and the council; support outreach, training, education, and research programs; 

and modernize technology, maintain technology systems, and develop technology 

training programs. Establishes provisions relating to fees. Requires the council to collect 

filing fees from all applicants, including state and county agencies, required to file 

environmental review documents. Allows the office to waive filing fees for an applicant 

who demonstrates that the cost of the proposed action does not exceed ____ dollars; the 

applicant's annual revenue does not exceed ____ dollars; and the applicant has fewer 

than 10 employees. -- SB0699 HD2 



Kawakami D -- Chong P, Thielen C, Tokioka J 


M, Ige D -- Ihara L 


Introduced by: Gabbard M, Espero W, Chun Oakland S 

Amends provisions relating to definitions under nurses law. Redefines the practice of 

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March 8, 2012 20


nursing as a registered nurse to include the orders of a physician delivered through a 

physician assistant licensed and practicing with physician supervision. -- SB0705 SD2 


Mar-10 11 Multiple Referral to HLT then CPC 

SB0714 SD1 HD1 (HSCR 1049) RELATING TO RESIDENTIAL REAL PROPERTY. 


Amends provisions relating to documents of the association. Requires planned 

community associations and condominium property associations of apartment owners 

to make available association documents, the most current financial statement of the 

association, and the minutes of the most recent meeting of the board of directors other 

than minutes of executive sessions for examination by any member during normal 

business hours; in hard copy form for a reasonable fee; in electronic form through a 

website maintained by the property management company if available, and accessible 

to its member including financial and other records. Amends provisions relating to 

availability of project documents. Requires planned community associations and 

condominium property associations of apartment owners to keep an annual operating 

budget at the managing agent's office. Provides that if the planned community 

association and condominium property an association of apartment owners or project is 

not managed by a managing agent, requires the function to be delegated by the 

association of apartment owners. -- SB0714 HD1 



SB0715 SD1 (SSCR 630) RELATING TO GASOLINE. 


Repeals the ethanol content requirement that gasoline sold in Hawaii for use in motor 

vehicles contain 10 per cent of ethanol by volume. -- SB0715 SD1 


Mar-10 11 Multiple Referral to EEP then CPC then FIN 

SB0722 SD2 (SSCR 601) RELATING TO THE ENVIRONMENTAL RESPONSE, ENERGY, AND FOOD 

SECURITY TAX. 


Amends the environmental response, energy, and food security tax. Changes the tax on 

each barrel of petroleum product and changes the amount deposited into the energy 

security special fund, energy systems development special fund, and the agricultural 

development and food security special fund. Provides an amount to be deposited into 

a special account to be expended by the office of planning for the operations of the 

climate change task force. -- Amends Act 20, special session laws of 2009, relating to the 

climate change task force by changing the date that the task force would cease to exist 

(sunset). -- SB0722 SD2 


Mar-10 11 Multiple Referral to EEP/ AGR/ then FIN 

SB0723 SD1 HD2 (HSCR 1582) RELATING TO ENVIRONMENTAL IMPACT STATEMENTS. 


Amends Act 87, session laws of 2009, establishing provisions relating to exception to 

applicability of chapter under environmental impact statements law by extending the 

sunset date to July 1, 2013. -- SB0723 HD2 



M, Hee C -- Slom S 

SB0725 SD2 HD1 (HSCR 1537) RELATING TO SOLID WASTE. 


Amends provisions relating to solid waste disposal surcharge. Increases solid waste 

management surcharge per ton that is disposed of within the state at permitted or 

unpermitted solid waste disposal facilities and incineration facilities, or transferred to a 

solid waste reduction facility within the State that collect solid waste for transport to an 

out of state landfill or incineration facility. Adds that the surcharge may be paid by the 

person or entity responsible for the preparation for the out of state transfer of collected 

solid waste. -- SB0725 HD1 



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March 8, 2012 21


Oshiro M -- Hashem M, Kawakami D, Thielen C 



SB0729 SD1 (SSCR 153) RELATING TO ENVIRONMENTAL PROTECTION. 

Introduced by: Gabbard M, Green J 

Amends provisions relating to the environmental quality control law. Requires the 

director of the office of environmental quality control to annually report to the legislature 

and the governor on the effectiveness of the State's environmental review system during 

the prior year. Replaces the director of environmental quality control with the director of 

the office of environmental quality control who shall be appointed by the governor. Allows 

the director to vote only in the event of a tie vote among the other members. Requires 

the director to be responsible for directing the office in implementing the environmental 

quality control and the environmental impact statement law. Requires the office and the 

council to be placed within the department of health. Reduces the number of council 

members to 14. Requires the director to be responsible for administration and leadership 

of the office and ensures adequate funding and staff support for the office. Requires the 

council to serve the governor in an advisory capacity on all matters relating to 

environmental quality; consult with the office on proposed changes to statutes, rules and 

guidance; serve as a liaison between the governor and the general public and by 

publicizing these matters as requested by the governor; and meet at the call of council 

chairperson, director, or a quorum of council members. -- SB0729 SD1 


Feb-18 11 Multiple Referral to EEP then FIN 

SB0741 SD1 HD1 (HSCR 1458) RELATING TO INTOXICATING LIQUOR. 

Introduced by: Espero W, Fukunaga C, Shimabukuro M 

Amends provisions relating to liquor tax; limitations. Increases the per wine gallon tax 

from July 1, 2011. -- Establishes provisions relating to small breweries and brewpubs; 

tax. Establishes a gallonage tax of 23 cents per gallon on the 1st 60,000 barrels of beer 

brewed or produced during the taxable year and reverts to a tax of 93 cents per gallon 

after the 60,000 barrels. -- Amends provisions relating to prize, gift, premium, and other 

inducement. Prohibits any person acting as an agent or representative of a nonresident 

principal or for any licensee directly or indirectly, or through any subsidiary or affiliate, to 

provide a discount to the consumer either in the form of a coupon redeemed through a 

retail licensee or through a mail in rebate that the consumer sends to the licensee or its 

agent or representative, when purchasing intoxicating liquor in combination with other 

merchandise. -- SB0741 HD1 



Baker R, Ige D, Kouchi R -- Slom S 


Chong P, Choy I, Lee M, Riviere G 

SB0745 SD2 HD1 (HSCR 1140) RELATING TO SEAWATER AIR CONDITIONING. 

Introduced by: Fukunaga C 

Amends provisions relating to State enterprise zones. Redefines qualified business to 

include the production of air conditioning from a seawater air conditioning district cooling 

system. -- Amends provisions relating to state general excise exemptions to include the 

production of air conditioning from a seawater air conditioning district cooling system 

provided that the exemption shall not apply to the gross proceeds received by a 

contractor licensed in connection with the construction of a sea water conditioning district 

cooling system. -- SB0745 HD1 



SB0747 RELATING TO PETROLEUM. 


Establishes provisions relating to price posting of taxes required. Requires the 

department of agriculture to adopt rules to require any retail dispenser of gasoline or 

diesel to post on top or on the face panel of each gasoline pump and on any other pricing 

advertisement in conspicuous numbers, the breakdown of the amount of federal, state, 

and local taxes paid per gallon. Requires the amounts posted to include a cumulative 

total of all taxes paid per gallon, provided that individual amounts for federal, state, and 

local taxes are posted. -- SB0747 

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March 8, 2012 22



Mar-10 11 Multiple Referral to EEP/ ERB/ then CPC 

SB0750 SD1 (SSCR 506) RELATING TO CONDOMINIUMS. 


Amends provisions relating to board meetings. Allows association members or the board 

of directors to make audio recordings of meetings of the association or the board of 

directors, other than executive sessions, by audio tape or other electronic means. -- 

SB0750 SD1 



SB0752 SD2 HD1 (HSCR 1144) RELATING TO ECONOMIC DEVELOPMENT. 

Introduced by: Fukunaga C, Chun Oakland S 

Amends provisions relating to the Hawaii community based economic development 

revolving fund. Requires the department of business, economic development and 

tourism to use the appropriations and other moneys to fund the operations of the 

community based economic development technical and financial assistance program and 

the enterprise zone program, the personnel costs of the respective programs, and the 

operating costs of the community based economic development advisory council. 

Exempts grants from the Hawaii public procurement requirements. Appropriation into 

fund and out of the fund for the operations of the community based economic 

development technical and financial assistance program and the enterprise zone 

program. -- Amends provisions relating to the hydrogen investment capital special fund. 

Requires that moneys in the fund be expended by the Hawaii strategic development 

corporation to provide seed capital for and venture capital investments in private sector 

and federal projects for research, development, testing, and implementation of the Hawaii 

renewable hydrogen program. -- Establishes a surcharge upon fees for certain business 

and commerce related services by certain departments. Provides that beginning July 1, 

2011, and ending June 30, 2015 (sunset), the department of commerce and consumer 

affairs, the public utilities commission, the department of labor and industrial relations, 

and the department of taxation shall add a surcharge of 20 dollars upon certain fees 

charged. Requires each department to deposit the surcharges into the department of 

business, economic development, and tourism operation special fund. -- Establishes the 

department of business, economic development and tourism operation special fund to 

be expended for the operation of the department of business, economic development, 

and tourism, including the salary and fringe benefit costs of the department. ($$) -- 

SB0752 HD1 



Choy I -- Chong P, Evans C 


C, Espero W -- Baker R, Dela Cruz D, Slom S 

SB0753 SD2 HD2 (HSCR 1586) RELATING TO HIGH TECHNOLOGY. 

Introduced by: Fukunaga C, Chun Oakland S, Baker R, Shimabukuro M, Tokuda J 

Amends provisions relating to the income tax credit for research activities. Repeals 

provisions for the certification of qualified high technology businesses. Requires a 

qualified high technology business that claims the credit to file an annual survey through 

the department of taxation's website. Requires the department to allow the department 

of business, economic development, and tourism to assess the data to conduct economic 

impact analyses and legislative reports. Requires the department of business, economic 

development, and tourism to annually report to the legislature the results of its study. 

Extends the tax credit to December 31, 2015 (sunset). -- Requires the Manoa Innovation 

Center under the university of Hawaii to be leased to the high technology development 

corporation for 20 years. -- SB0753 HD2 



C, Ige D -- Baker R 


Choy I -- Chong P, Evans C, Hashem M, Marumoto B, Yamashita 

K 

SB0755 SD2 HD1 (HSCR 1193) RELATING TO ECONOMIC DEVELOPMENT. 

Introduced by: Fukunaga C, Chun Oakland S, Shimabukuro M 

LRB Systems 

March 8, 2012 23


Establishes the peer to peer entertainment law. Establishes the peer to peer 

entertainment commission within the department of business, economic development, 

and tourism to determine what contests of skill may be conducted as peer to peer 

entertainment; authorize operation peer to peer entertainment events at commercial 

venues, issue permits, and establish and collect fees for these permits; provide for the 

collection of all fees imposed and to collect, receive, expend, and account for all 

revenues derived from the operation of peer to peer entertainment events; investigate 

alleged violations and take disciplinary action; administer, regulate, and enforce this law; 

enter events authorized where evidence of the compliance or noncompliance with this 

chapter or rules is likely to be found; be present any time peer to peer entertainment 

events are conducted; conduct hearings; eject or exclude, or authorize the ejection or 

exclusion of, any person from facilities; permit peer to peer entertainment events to use 

a wagering system whereby wagerers' money may be converted to tokens, electronic 

cards, or chips; and impose and collect fines. -- Redefines gambling under offenses 

against public health and morals to exempt devices, machines, paraphernalia, or 

equipment used in peer to peer entertainment. -- Establishes the peer to peer internet 

entertainment law. Allows the commission to issue up to 2 licenses for a fee to operators 

of the infrastructure necessary to host peer to peer internet entertainment. -- SB0755 

HD1 




Introduced by: Fukunaga C, Chun Oakland S, Baker R, Wakai G, Tokuda J, 

Shimabukuro M, English J 

Establishes the direct broadcast satellite service providers excise tax law. Levies a 

quarterly privilege tax on revenue from the sale of direct broadcast satellite service. -- 

Amends provisions relating to renewable energy technologies; income tax credit. 

Provides that the eligible system be installed and placed in service prior to January 1, 

2015 (sunset) and that the tax credits claimed during 2012 taxable year will be paid 

starting July 1, 2013. Requires the department of business, economic development, and 

tourism to complete an assessment of the impact of the tax credit on the state's energy 

sector for the period 2003 - 2013 and of the continued need for the tax credit after 

December 31, 2014. -- Repeals the income tax exclusion of income from stock options 

from qualified technology businesses. -- SB0756 HD1 



C, Ige D, Gabbard M -- Baker R, Kim D 


Chong P, Choy I, Lee M, Marumoto B 

SB0757 SD2 HD1 (HSCR 1069) RELATING TO SMALL BUSINESS. 

Introduced by: Fukunaga C, Chun Oakland S, Shimabukuro M 

Establishes the Hawaii capital loan revolving fund into which shall be deposited all 

moneys appropriated by the legislature and received as repayment of loans and interest 

payments. Funds may be used to administer the revolving fund. Allows the department 

to contract with any financial institution for services, including servicing or administering 

loans. Appropriation to the department of business, economic development, and tourism 

for deposit into and out of the fund for the program. ($$) -- SB0757 HD1 



SB0769 SD1 (SSCR 308) RELATING TO ECONOMIC RECOVERY. 

Introduced by: Fukunaga C, Ige D, Chun Oakland S, Baker R 

Provides a hotel and resort property construction or renovation income tax credit of ____ 

per cent of construction or renovation costs between ____ dollars and ____ dollars and 

____ per cent of the costs over ____ dollars to a maximum of ____ dollars after 

December 31, 2010, until December 30, 2014 (sunset). -- SB0769 SD1 



SB0772 SD2 HD2 (HSCR 1583) RELATING TO BIOFUEL FACILITIES. 

Introduced by: Fukunaga C, Ige D, Chun Oakland S, Baker R 

Amends provisions relating to the ethanol facility income tax credit by replacing ethanol 

with biofuel production facility. Provides that a qualifying bioenergy production facility 

LRB Systems 

March 8, 2012 24


uses agricultural feedstock for at least 75 per cent of its production output. Requires the 

department of business, economic development, and tourism to annually report to the 

legislature and governor. -- SB0772 HD2 



McKelvey A, Oshiro M -- Chong P, Ito K, Kawakami D, Thielen C 


C, Gabbard M, Ige D -- none 

SB0775 SD2 (SSCR 732) RELATING TO CONSTRUCTION SITES. 

Introduced by: Fukunaga C, Baker R, Chun Oakland S, Tokuda J, Shimabukuro M 

Amends provisions relating to contractors. Requires every application submitted for a 

license to include a fee of ____ dollars to be deposited in the compliance resolution fund 

for offsetting costs incurred by the construction site inspection task force. Requires the 

biennial renewal fee, inactive license fee, the recovery fund, the education fund, and 

compliance resolution fund fees to include a ____ dollar surcharge to be deposited into 

the compliance resolution fund for offsetting costs incurred by the construction site 

inspection task force. Amends Act 121, session laws of 2010, to include 3 

representatives from the construction industry and providing that proceedings of the task 

force related to sensitive matters of law enforcement or public safety shall be exempt 

from the public meetings requirements. Repeals provisions that require the construction 

site inspection task force to discuss, research, and report on the use of undocumented 

workers, and workplace safety violations, tax evasion, violations of other labor laws or the 

condition or operation of a construction site. Requires the task force to evaluate the need 

for statutory changes including implementing effective criminal and civil sanctions to 

enforce licensing requirements and deter unlicensed activity. Initial and final report to the 

legislature. Appropriation. ($$) -- SB0775 SD2 


Mar-10 11 Multiple Referral to ERB then CPC then FIN 

SB0776 SD2 HD1 (HSCR 988) RELATING TO SCIENCE AND TECHNOLOGY. 

Introduced by: Fukunaga C, Baker R, Chun Oakland S, Tokuda J, Shimabukuro M 

Establishes a biotechnology task force within the university of Hawaii to assess barriers 

faced by businesses and develop recommendations to expedite permit processing 

including importation of organisms or other items that are typically classified as invasive 

species or hazardous. Report to the legislature. Appropriation. ($$) -- SB0776 HD1 


Mar-18 11 Referred to HED 

SB0777 SD1 HD1 (HSCR 1148) RELATING TO PAYMENT FOR GOODS AND SERVICES. 

Introduced by: Fukunaga C, Chun Oakland S, Baker R, Wakai G, Tokuda J 

Establishes a prompt payment task force within the department of accounting and 

general services to examine and resolve issues that prevent state agencies from making 

prompt payment for goods and services purchased through nonprofit organizations, in 

particular, human service nonprofit organizations, that deliver pivotal goods and services 

to individuals, families, and communities. Report to the legislature. Task force to cease 

to exist on June 30, 2012 (sunset). -- SB0777 HD1 


Mar-24 11 Referred to LMG 



Amends provisions relating to general excise tax benefits; denial of tax benefits for failure 

to properly claim. Provides that a person shall not be entitled to any general excise tax 

benefits unless the person claiming the benefit owes taxes of less than 50 per cent of the 

total general excise tax liability owed. Defines reasonable cause pursuant to the director 

of taxation's authorization to waive the denial of the general excise tax benefits for failure 

to comply due to reasonable cause and not to wilful neglect of the taxpayer. -- Amends 

provisions relating to certain amounts held in trust; liability of key individuals. Provides 

personal liability for any amount of gross excise tax liability not paid. -- SB0778 HD1 



Chong P, Choy I, Lee M, Ward G 


C, Ige D -- Slom S 

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March 8, 2012 25


SB0779 SD2 HD2 (HSCR 1477) RELATING TO PROCUREMENT. 

Introduced by: Ige D 

Amends provisions relating to competitive sealed proposals. Provides that competitive 

sealed proposals may be used to procure goods, services, or construction that are either 

not practicable or not advantageous to the State to procure by competitive sealed 

bidding. -- Allows the procurement officer for construction projects to make procurements 

using the design build method. Requires the procurement officer to issue a request for 

qualifications in advance of the request for proposals to prequalify offers; and the 

procurement officer will issue a request for proposals to the offerors selected for the short 

list. Provides that a 2nd request for proposals is to be issued to the pre qualified offerors 

selected for the short list prior to submittal of proposals or discussions and evaluations. 

Provides that nonselected offerors who were prequalified and selected for the short list 

may be paid a conceptual design fee. -- SB0779 HD2 



Choy I -- Evans C, Ichiyama L, Marumoto B 


Ige D -- Kidani M, Ryan P 


Introduced by: Ige D, English J, Kidani M, Green J, Tokuda J, Shimabukuro M, Chun 

Oakland S 

Appropriation to the department of human services to match the federal disproportionate 

share hospital allowance allocated to the State. ($$) -- SB0785 SD2 




Introduced by: Ige D, Chun Oakland S, Green J, Shimabukuro M 

Establishes provisions relating to Medicaid reimbursements under department of human 

services law. Requires Medicaid reimbursements to hospital to be equal to the acute 

medical services payment for patients occupying acute licensed beds who are on a 

waitlist for long term care. Requires Medicaid reimbursements to facilities with long term 

care beds to be equal to the state reimbursement rate for sub acute care for patients with 

medically complex conditions who prior to admission to the facility were receiving acute 

care services in an acute care hospital. Appropriation for increased Medicaid 

reimbursement. Establishes provisions relating to Medicaid funds; patient transition. 

Requires barriers or mechanisms to be eliminated that prevent or restrict the flexible use 

of Medicaid funds to enable reimbursements by Medicaid and its contracted health plan 

to follow patients transitioning out of acute care to community based care or private 

institutions. ($$) -- SB0787 HD1 


Apr-18 11 Conference Committee: House Members: Mizuno J, 

Yamane R, Jordan J -- Morikawa D, Pine K, Wooley J 


Chun Oakland S -- Baker R, Nishihara C, Slom S 


Introduced by: Ige D, Shimabukuro M, Chun Oakland S 

Establishes provisions relating to presumptive eligibility under Medicaid for waitlisted 

patients. Requires the department of human services to presume that a waitlisted patient 

applying for Medicaid coverage is eligible for coverage; provided that the applicant is able 

to show proof, and if the waitlisted patient is later determined to be ineligible for Medicaid 

after receiving services during the presumptive eligibility period requires the department 

to disenroll the waitlisted patient and notify the provider and the plan, if applicable, of 

disenrollment by facsimile transmission or e mail. Report to the legislature. Further 

requires the department to conduct a study of a computerized system for processing 

Medicaid applications. Report to the legislature. Appropriation. Act to be repealed on 

July 1, 2016. ($$) -- SB0788 SD2 


Mar-10 11 Multiple Referral to HUS/ HLT/ then FIN 

SB0796 SD2 (SSCR 628) RELATING TO INFORMATION. 

Introduced by: Ige D, Baker R, Chun Oakland S, Nishihara C, Espero W, Green J 

Establishes provisions relating to information security program. Requires any business 

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March 8, 2012 26


that maintains information about residents of Hawaii to implement a comprehensive 

written information security program. -- Amends provisions relating to notice of security 

breach. Requires notice of security breach to include and the toll free contact telephone 

numbers and addresses for the major credit reporting agencies that compile and maintain 

files on consumers and information on how to place a fraud alert or security freeze. -- 

Amends provisions relating to consumer reporting agencies to include security breach. 

-- SB0796 SD2 


Mar-15 11 Multiple Re referral to ERB then CPC/ JUD/ then FIN 

SB0797 SD1 HD1 (HSCR 1054) MAKING AN APPROPRIATION FOR HEALTH INFORMATION TECHNOLOGY. 

Introduced by: Ige D, Green J, Shimabukuro M, Chun Oakland S 

Appropriation to the department of health for participation in any federal matching grant 

programs authorized by the federal Health Information Technology for Economic and 

Clinical Health Act with respect to the design or development of health information 

technology systems. Requires the department to comply with all program specific 

requirements and timetables set forth by the federal Health Technology for Economic and 

Clinical Health Act and any federal agency charged with implementing the federal 

matching grant programs. Annual report to the legislature. ($$) -- SB0797 HD1 



Oshiro M -- Jordan J, Morikawa D, Pine K, Yamashita K 


Chun Oakland S -- Baker R, Nishihara C, Slom S 

SB0798 SD1 (SSCR 770) RELATING TO HEALTH CARE. 

Introduced by: Ige D, Shimabukuro M, Baker R, Chun Oakland S, Green J 

Amends provisions relating to proceedings and records of peer review committees and 

quality assurance committees. Redefines quality assurance committee to include an 

interdisciplinary committee composed of representatives of a group of organizations that 

is established collectively by the boards of trustees or administrative staff of these 

organizations who function is to monitor and evaluate patient care to identify, study, and 

correct deficiencies in the health care delivery system, with a goal of reducing the risk of 

harm to patients, improving patient safety, or otherwise improving the quality of care 

delivered to patients. -- SB0798 SD1 



SB0808 SD2 (SSCR 595) RELATING TO SALARIES. 

Introduced by: Tokuda J, Kidani M, Chun Oakland S, Ige D 

Amends provisions relating to salaries of the deputy superintendent, assistant 

superintendent, complex area superintendent being set by the board of education. 

Changes the limit that the salaries not exceed 80 per cent of the superintendent's salary 

to not exceed the superintendent's salary. -- SB0808 SD2 


Mar-10 11 Multiple Referral to EDN/ LAB/ then FIN 

SB0809 SD1 HD1 CD1 (CCR 3-12) RELATING TO THE UNIVERSITY OF HAWAII. 


Amends Act 161, session laws of 2007, as amended by Act 94, session laws of 2009, 

relating to university of Hawaii projects and purposes. Increases the principal amount of 

revenue bonds authorized. Appropriation out of the revenue bond proceeds. Requires 

the university to report to the legislature upon issuance of additional revenue bonds. ($$) 

-- SB0809 CD1 

Current Status: Jan-30 12 Received by the Governor 


SB0810 SD1 (SSCR 476) RELATING TO EDUCATION. 


Establishes provisions relating to college and career readiness diploma. Requires the 

department of education to establish high school diploma requirements for the 

completion of the completion of a rigorous high school academic program that aims to 

establish a strong academic foundation with the requisite knowledge and skills to prepare 

the student to enter postsecondary education or training programs, including degree or 

certification programs or an apprenticeship, without the need for remediation and obtain, 

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March 8, 2012 27


retain, and succeed in a career that offers a living wage and opportunities for 

advancement. Report to the legislature. -- SB0810 SD1 



SB0813 SD2 (SSCR 737) RELATING TO THE INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY 

FOR MILITARY CHILDREN. 

Introduced by: Tokuda J, Espero W, Chun Oakland S 

Amends Act 152, session laws of 2009, which establishes interstate compact on 

educational opportunity for military children law by repealing the sunset date. -- SB0813 

SD2 


Mar-10 11 Multiple Referral to EDN then FIN 

SB0814 SD2 HD1 (HSCR 1065) RELATING TO CERTAIN FUNDS OF THE UNIVERSITY OF HAWAII. 

Introduced by: Tokuda J, Chun Oakland S, Kidani M 

Amends the child care programs revolving fund, the discoveries and inventions revolving 

fund, the university of Hawaii alumni revolving fund, university of Hawaii at Manoa 

intercollegiate athletics revolving fund and the university of Hawaii at Hilo intercollegiate 

athletics revolving fund, animal research farm, Waialee, Oahu revolving fund, university 

of Hawaii at Manoa, and university of Hawaii Hilo theatre revolving fund to special funds. 

Repeals the western governors university special fund, university of Hawaii housing 

assistance revolving fund, conference center revolving fund, international exchange 

healthcare tourism revolving fund, community college and university of Hawaii at Hilo 

bookstore revolving fund, the Senator Hiram L. Fong scholarship program endowment 

trust, and the Senator Oren E. Long scholarship program endowment trust. Transfers 

balances remaining in the university of Hawaii conference center revolving fund to the 

university of Hawaii commercial revolving special fund. Transfers fund balances in the 

university of Hawaii housing assistance revolving fund to the Manoa faculty housing 

program. -- SB0814 HD1 



SB0815 SD1 (SSCR 620) RELATING TO ASSET FORFEITURE. 

Introduced by: English J, Shimabukuro M 

Amends provisions relating to a penalty under the Kahoolawe island reserve law. 

Requires forfeiture of any equipment, article, instrument, aircraft, vehicle, vessel, 

business record, or natural resource used or taken in violation of the laws or rules 

applicable to the island reserve. -- SB0815 SD1 



SB0824 SD2 HD1 (HSCR 1112) RELATING TO MOTOR CARRIERS. 

Introduced by: English J 

Establishes provisions relating to motor carrier indemnification agreements prohibited. 

Requires a transportation services contract or agreement that requires a motor carrier 

to indemnify, defend, or hold harmless or that has the effect of indemnifying, defending, 

or holding harmless the indemnitee under the contract or agreement from any claim or 

liability for the negligence or intentional acts or omissions of the indemnitee to be deemed 

void and unenforceable. Requires any insurer authorized to do business in Hawaii that 

has issued an insurance contract or policy for general liability or casualty insurance, 

property insurance, or other insurance that insures a motor carrier within 15 days refund 

to the motor carrier that portion of any prepaid insurance premium for coverage that 

insures that motor carrier for the indemnification for all transportation services contacts; 

any coverage for the indemnification within a policy of insurance or insurance contract 

terminated shall not be liable to the insurer for such terminated coverage for any 

transportation services contract; provided that all other portions of the policy or contract 

to remain valid and binding upon the parties. -- SB0824 HD1 


Mar-24 11 Referred to CPC/ JUD/ 



Provides a new markets income tax credit for a taxpayer who holds a qualified equity 

investment on a credit allowance date of that investment equal to the amount paid to a 

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March 8, 2012 28


community development entity for the applicable percentage of the amount paid to the 

qualified community development entity for the investment at its original issue. -- 

Provides that the new market income tax credit shall be operative for the taxation of 

banks and other financial corporations law. -- Provides that the new market income tax 

credit shall be operative for the insurance code law. -- Amends income tax provisions to 

conform the Hawaii income tax law to the Federal Internal Revenue Code. Provides that 

section 45D (with respect to new markets tax credits) shall be operative. Further 

provides that Revenue Code Section 501 (c) (12), (15) and (16) (with respect to exempt 

organizations) shall not be operative except for companies that provide potable water 

under section 501 (c) (12). -- Provides a general excise tax exemption for companies that 

provide potable water under section 501 (c) (12). -- SB0831 HD1 



C, Ige D -- Baker R, English J, Slom S 


Oshiro M -- Choy I, Evans C, Ward G 

SB0871 SD2 (SSCR 680) RELATING TO EXTRACURRICULAR ACTIVITIES. 

Introduced by: Slom S, Chun Oakland S 

Requires the department of education and board of education to develop policies and 

procedures to allow home schooled students to participate on an equal basis in 

extracurricular activities offered at the school that the home schooled students would 

otherwise be required to attend. Report to the legislature. -- SB0871 SD2 



SB0879 SD2 (SSCR 679) RELATING TO UNIFORM MAINTENANCE ALLOWANCE. 


Repeals provisions relating to the uniform maintenance allowance for enlisted personnel. 

-- SB0879 SD2 



SB0882 SD2 (SSCR 706) RELATING TO A MEMORIAL. 


Requires the office of veterans' services, with the assistance of the department of 

accounting and general services and the department of defense, to develop a plan to 

establish a memorial honoring the veterans of the Persian Gulf War, Operation Desert 

Storm, Operation Iraqi Freedom, Operation Enduring Freedom, Operation New Dawn, 

Operation Northern Watch, Operation Southern Watch, and other Middle East combat 

conflicts beginning with Operation Desert Storm, on the grounds of or near the State 

capitol near the Korean and Vietnam war memorial. Report to the legislature. -- SB0882 

SD2 



SB0893 SD3 HD2 (HSCR 1516) RELATING TO INFORMATION ACCESS. 

Introduced by: Chun Oakland S 

Establishes provisions relating to telephone based access to time sensitive print media. 

Requires the disability and communications access board to ensure that a telephone 

base audible information access service is available statewide to individuals with visual 

or other impairments that limit access to printed media. Requires the board to investigate 

the availability of experienced providers of quality telephone base audible information 

access service and award a contract to provide this service to 1 or more providers that 

the board determines to be best qualified. Report to the legislature. Appropriation out 

of the general fund for deposit into the disability and communication access board special 

fund and out of the fund. ($$) -- SB0893 HD2 



Morikawa D -- Lee C, Pine K, Tokioka J, Wooley J 


Espero W -- Slom S 

SB0897 SD2 HD1 (HSCR 1013) RELATING TO HOMELESSNESS. 

Introduced by: Chun Oakland S, Fukunaga C, Galuteria B 

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March 8, 2012 29


Establishes the Hawaii interagency council on homelessness under the department of 

human services. Requires the council to formulate and coordinate a unified plan to 

address homelessness on all counties and facilitate the acquisition of federal funding for 

homeless programs. Annual report to the legislature, governor, each county mayor and 

each county council. -- SB0897 HD1 



SB0900 SD2 HD2 (HSCR 1574) RELATING TO HOMELESSNESS. 

Introduced by: Chun Oakland S, Fukunaga C, Galuteria B, Espero W 

Appropriation to the department of human services to establish safe havens for persons 

who are homeless in surplus or available open or vacant locations. Requires funds be 

used for facilities and uses and further requires sites to permit camping only at night and 

each homeless person to be permitted a limited amount of possessions and a maximum 

of 1 pet. ($$) -- SB0900 HD2 



Oakland S, Ige D -- Fukunaga C, Ihara L, Slom S 

Apr-25 11 Conference Committee: House Members: Chong P, 

Mizuno J, Kawakami D -- Ching C 

SB0904 SD2 (SSCR 669) RELATING TO THE HOMELESS. 

Introduced by: Chun Oakland S, Espero W, Fukunaga C, Galuteria B, Baker R 

Requires the department of human services to identify state, county, and privately owned 

real estate properties that are appropriately zoned and have necessary infrastructure for 

the development of affordable rental housing for low income individuals and families 

under the housing 1st program; identify and provide a feasibility and cost analysis 

regarding an appropriate site on state, county, or privately owned real estate property 

that is appropriately zoned and has necessary infrastructure for the development, by new 

construction or refurbishing, of an initial housing 1st program model housing project; 

strive to locate health, social, educational, and employment services on housing 1st 

program project sites, where appropriate; and identify dedicated funding sources for the 

housing 1st program. Report to the legislature and governor. -- SB0904 SD2 



SB0912 SD2 HD1 (HSCR 1022) RELATING TO HOUSING. 


Appropriation to the department of human services for the housing placement program 

within the homeless programs office. -- Appropriation to the Hawaii community 

development authority, Hawaii housing finance and development corporation, Hawaii 

public housing authority, city and county of Honolulu, county of Maui, county of Hawaii, 

and county of Kauai to improve existing affordable rental housing stock and increase 

affordable rental housing units in the State or the respective county. -- Requires the 

department of human services to immediately implement the housing 1st program. 

Report to the legislature and governor. ($$) -- SB0912 HD1 



Oakland S, Ige D -- Fukunaga C, Ihara L, Slom S 


Chang J, Kawakami D -- Pine K 

SB0918 SD2 (SSCR 665) RELATING TO YOUTH SUICIDE PREVENTION. 

Introduced by: Chun Oakland S, Fukunaga C, Dela Cruz D, Kidani M, Shimabukuro M 

Appropriation to the department of education for the restoration of a peer education 

program resource teacher and a full time clerk typist to support suicide prevention 

services. ($$) -- SB0918 SD2 


Mar-10 11 Multiple Referral to HLT then EDN then FIN 


Introduced by: Chun Oakland S, Green J, Espero W 

Establishes provisions relating to medically accurate sexuality health education. Requires 

any recipient of state funding that provides sexual health education to provide medically 

accurate, factual information that helps students develop relationships and 

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March 8, 2012 30


communication skill to form healthy relationships; helps students develop skills in critical 

thinking, problem solving, decision making, and stress management; encourages 

students to communicate with their parents, guardians, and other trusted adults about 

sexuality and intimate relations. Beginning 2013 - 2014 school year, requires each public 

elementary, middle, intermediate, high, and alternative school operated by the 

department of education to provide sexuality health education. Requires the department 

of health, in consultation with the department of education to develop, maintain, and 

make available to the public a current list of sexuality health education curricula that are 

consistent with requirements. Provides that a student shall be excused from any 

instruction only upon the written request of the student's parent or legal guardian. 

Requires the department of education to establish minimum education and training 

qualifications for sexuality health education teachers. -- SB0922 SD1 



SB0925 SD2 (SSCR 667) RELATING TO CHILDREN. 

Introduced by: Chun Oakland S, Fukunaga C, Ryan P, Shimabukuro M, Kidani M 

Establishes provisions relating to assessment and home visitation program established. 

Established a hospital based screening and assessment and intensive home visitation 

program within the department of health. Requires the program to follow the 

department's improved healthy start program. Requires the services to continue until the 

child reaches 3 years of age, or until the child reaches 5 years of age if the child has a 

younger sibling. Appropriations out of the Hawaii tobacco settlement special fund for 

hospital based assessment and screening and intensive home visiting services. 

Appropriations out of the Hawaii tobacco settlement special fund for hospital based 

assessment and screening and intensive home visiting services and out of the temporary 

assistance for needy families fund (TANF) for intensive home visiting services. Requires 

sums appropriated to be transferred from the department of human services by 

interdepartmental transfer (U fund) to the department of health. ($$) -- SB0925 SD2 



SB0926 SD1 HD1 (HSCR 1176) RELATING TO CHILDREN. 

Introduced by: Chun Oakland S, Shimabukuro M 

Appropriation to the department of health for the baby S.A.F.E. (substance abuse free 

environment) program, Hawaii's healthy start program, fetal alcohol spectrum disorder 

services, family planning services, early intervention services, perinatal health programs, 

parenting support programs, and preschool developmental screening program; and to 

the department of human services for keiki care project, child care and preschool 

subsidies, and preschool open doors program. ($$) -- SB0926 HD1 



SB0931 SD2 (SSCR 607) RELATING TO EARLY LEARNING. 

Introduced by: Chun Oakland S, Green J, Espero W, Tsutsui S, Dela Cruz D 

Requires the early learning council with the assistance of the department of education, 

the department of health, and the department of human services to perform a fiscal 

mapping study to identify sources of funding for the early learning system. Report to the 

legislature. -- SB0931 SD2 



SB0934 SD2 HD2 (HSCR 1201) RELATING TO BULLYING AND CYBERBULLYING. 

Introduced by: Kidani M, Chun Oakland S, Galuteria B, Tokuda J, Dela Cruz D, Espero 

W 

Establishes provisions relating to bullying, cyberbullying and harassment; departmental 

responsibilities. Requires the department of education and charter school review panels 

to maintain and monitor anti bullying and anti harassment policies and maintain and 

enforce appropriate procedures that incorporates publicizing the policies, conducting 

annual training at the school level on how to promote peace and respect, and intervention 

strategies, establishing procedures for investigating violations reporting and response 

mechanism, mechanism for reporting incidents, making statistics available, filing of 

complaints against complex areas and schools for their failure, establishing lines of 

accountability, requiring school personnel to report incidents, prompt investigation or 

reports or complaints, provisions that prohibit reprisal or retaliation, provisions for 

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March 8, 2012 31


anonymous reporting, collection, reporting and analyzing data, and establishment of a 

school community culture that integrates the aloha spirit. Report to the legislature. -- 

SB0934 HD2 



SB0935 SD2 (SSCR 789) RELATING TO THE EMERGENCY AND BUDGET RESERVE FUND. 

Introduced by: Chun Oakland S, Baker R, Galuteria B, Tokuda J 

Appropriation out of the emergency and budget reserve fund (rainy day fund) to the 

department of health for respite services; to supplement the healthy start program; as 

grants to Waikiki community center; for kupuna care program; for the Aging and Disability 

Resource Center; for the developmental disabilities medicaid waiver program; for mental 

health services; for the partnerships in community living program; for substance abuse 

treatment; for the healthy aging partnerships program; for grants to the Waianae District 

Comprehensive Health and Hospital Board, Inc. to support its emergency room services; 

and for HIV / AIDS (human immunodeficiency, AIDS) related services for Life 

Foundation, Gregory House Programs, and Community Health Outreach Work to Prevent 

AIDS Project. -- Appropriation out of the emergency and budget reserve fund to the 

department of human services for the housing 1st pilot program. Report to the legislature 

by the Hawaii public housing authority. -- Appropriation out of the emergency and budget 

reserve fund to the department of health's executive office on aging for meals for the 

elderly for kupuna care. -- Appropriation out of the emergency and budget reserve fund 

to the department of health for grants to Kokua Kalihi Valley Comprehensive Family 

Services; as grants to The Path Clinic for services to pregnant women struggling with 

addiction; for the baby S.A.F.E (substance abuse free environment), for fetal alcohol 

spectrum disorders; for family planning; for perinatal health programs; and for the 

preschool developmental screening program. -- Appropriation out of the emergency and 

budget reserve fund to the department of human services for grants to the Blueprint for 

Change for neighborhood place walk in centers; as grants to the Hawaii Primary Care 

Association for the Hawaii immigrant health initiative program; for grants to support 

domestic violence shelters statewide for Child and Family Service, Parents and Children 

Together, Women Helping Women, Molokai community service council Inc., Young 

Women's Christian Association (YWCA) of Kauai, Windward Spouse Abuse Shelter, and 

statewide domestic violence shelters; for grants to Hale Mahaolu for personal care 

services; for the shelter plus care program; as grants to the Hawaii Primary Care 

Association for adult dental care, authorizes the governor to utilize enhanced federal 

medical assistance percentages funds to offset the amount appropriated, report to the 

legislature by the department of human services; for the adult dental care program at 

Maui community college; for grants to the Hawaii Primary Care Association for out 

stationed eligibility worker services, for outreach services, and for outreach services to 

locate uninsured children; for child care subsidies; to maintain the general assistance 

benefit amount; for grants to Adult Friends for Youth for youth gang prevention and 

intervention services; for grants to Hawaii Centers for Independent Living for the 

statewide independent living services; for grants to the Susannah Wesley Community 

Center for the Youth Service Center; for grants to Planned Parenthood of Hawaii for 

statewide sexual health education; for grants to Partners in Development Foundation to 

provide comprehensive family training and transitional services to homeless families on 

the leeward coast of Oahu and for the Tutu and Me traveling preschool; for the preschool 

open doors program; for grants to Oahu About Face Family of Programs; and for grants 

to Hawaii Primary Care Association for health care services for uninsured persons. -- 

Appropriation out of the emergency and budget reserve fund to the judiciary for domestic 

violence services; for grants to Volunteer Legal Services Hawaii to provide pro bono legal 

services for indigent persons; for grants to the Legal Aid Society of Hawaii to provide 

general civil legal services; for grants for the Hawaii Family Law Clinic to provide services 

to obtain temporary restraining orders; for grants to the Catholic Charities Hawaii to 

provide intra familial sex assault services; for grants to the Children's Alliance of Hawaii 

Inc., to provide child sex assault services; and for grants to the YMCA of Honolulu for the 

Operation Weed and Seed Program. -- Appropriation out of the emergency and budget 

reserve fund to the department of labor and industrial relations for the office of 

community services for employment core services; and for grants to the Hawaii Disability 

Rights Center to provide advocacy service to individuals with developmental disabilities 

and mental illness. -- Appropriation out of the emergency and budget reserve fund to the 

department of the attorney general for grants to the Kapiolani Medical Center for Women 

and Children for the sex abuse treatment center for statewide sex assault services. -- 

Appropriation out of the emergency and budget reserve fund to the department of 

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March 8, 2012 32


education for the Families for R.E.A.L. program; for grants to Read Aloud America, Inc. 

for the read aloud program; and for grants to Read To Me International Foundation for 

reading programs for children of incarcerated parents. ($$) -- SB0935 SD2 


Mar-10 11 Multiple Referral to HLT/ HUS/ LAB/ then JUD/ EDN/ 

then FIN 


Introduced by: Chun Oakland S, Ihara L, Fukunaga C 

Establishes provisions relating to statewide fall prevention and early detection 

coordinator. Establishes a statewide fall prevention and early detection coordinator 

position within the department of health. Allows the director of health to employ, fix the 

compensation, and dismiss the coordinator. Requires the coordinator to investigate and 

develop a statewide approach to falls among the elderly. Report to the legislature. 

Appropriation. ($$) -- SB0939 SD1 



SB0957 SD1 HD1 (HSCR 972) RELATING TO FAMILY COURT. 

Introduced by: Chun Oakland S, Green J, Ihara L, Fukunaga C 

Establishes a temporary domestic violence and citizen's family law advisory task force 

within the judiciary to discuss and seek policy to assist the judiciary and the legislature 

in continuing to improve the family court by gathering input and information regarding 

family law and family court issues or complaints; conducting studies, evaluations or 

surveys related to family law and family court issues; reviewing legislation, administrative 

procedures, and proposals relating to family law and family court issues; and evaluating 

alternatives and making recommendations relating to family law and family court issues. 

Report to the legislature and judiciary. Task force shall cease to exist on June 30, 2013 

(sunset). -- SB0957 HD1 



SB0958 SD2 HD1 (HSCR 967) RELATING TO FAMILY COURT. 

Introduced by: Chun Oakland S, Green J, Ihara L, Shimabukuro M, Fukunaga C 

Establishes provisions relating to child custody evaluators. Requires the board of family 

court judges to establish a child custody evaluator registry and to maintain and update 

the registry annually. Authorizes the board to establish child custody evaluation 

standards and to recommend the appointment and certification of child custody 

evaluators. -- SB0958 HD1 



SB0962 SD1 (SSCR 572) RELATING TO CHANGING REFERENCES IN THE HAWAII REVISED STATUTES 

FROM "MENTAL RETARDATION" TO "INTELLECTUAL DISABILITY". 

Introduced by: Chun Oakland S, Green J 

Amends provisions relating to definitions under services for persons with developmental 

disabilities or mental retardation. Defines intellectual disability to mean significantly 

subaverage general intellectual functioning resulting in or associated with concurrent 

moderate, severe, or profound impairments in adaptive behavior and manifested during 

the developmental period. Changes developmental disabilities or mental retardation to 

developmental or intellectual disabilities. Repeals the definition of mental retardation. 

Changes the mental health and mental retardation studies law to mental health and 

intellectual disability studies law. -- SB0962 SD1 



SB0981 SD2 HD1 (HSCR 996) RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS. 

Introduced by: Tsutsui S (BR) 

Establishes provisions relating to the required training relating to native Hawaiian and 

Hawaiian traditional and customary rights, native Hawaiian and Hawaiian natural 

resources protection and access rights, and the state's obligations under the public trust 

law. Requires certain council, board, and commission members to take a training course 

offered by the office of Hawaiian affairs. Requires the office to establish and design the 

course. -- SB0981 HD1 


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March 8, 2012 33



SB0985 SD1 HD1 (HSCR 1024) RELATING TO THE BUDGET OF THE OFFICE OF HAWAIIAN AFFAIRS. 


Office of Hawaiian Affairs Appropriations Act of 2011 (OHA budget). Appropriations to 

the office of Hawaiian affairs for the 2011 - 2013 fiscal biennium. ($$) -- SB0985 HD1 



SB0994 SD1 (SSCR 558) RELATING TO NEPOTISM. 


Establishes provisions relating to prohibitive practices; nepotism. Prohibits a public 

official from advocating for a relative for appointment, employment, promotion, or 

advancement to a position in the public official's agency or in an agency over which the 

public official exercises jurisdiction or control. Prohibits a public official or public 

employee from appointing, employing, promoting, or advancing to a position in an agency 

over which the public official or public employee exercises jurisdiction or control of a 

relative, a relative of another public official elected to or employed by the same agency, 

or a relative of another public official who exercises jurisdiction or control over the same 

agency, except under circumstances where the relative is highly qualified for the position. 

Prohibits a legislator from naming or appointing to public office or employment, or voting 

for the confirmation of, a relative of the legislator. -- SB0994 SD1 


Mar-10 11 Multiple Referral to LAB then LMG then JUD 

SB1006 SD1 HD1 (HSCR 1459) RELATING TO WATER QUALITY STANDARDS. 


Amends Act 126, session laws of 2009, relating to the Clean Water Act and the 2006 US 

Environmental Protection Agency national recommended water quality standards and the 

application to all state inland and marine waters, by extending the sunset date. -- SB1006 

HD1 



Chang J -- Ito K, Kawakami D, Riviere G 


M -- Green J, Slom S 

SB1041 SD1 (SSCR 504) RELATING TO RANGE LAND LIABILITY. 

Introduced by: Hee C 

Establishes provisions relating to range lands; trespass; no duty to care. Provides that 

there shall be a rebuttable presumption that an owner of range land owes no duty of care 

toward a trespasser for injury, property damage, or death occurring on range land or to 

warn a trespasser of dangerous natural conditions of range activities or uses if the land 

is fenced, enclosed, or secured, and has at least 1 private property sign displayed. -- 

SB1041 SD1 


Mar-10 11 Multiple Referral to AGR then JUD 

SB1054 SD1 HD2 (HSCR 1418) RELATING TO TEMPORARY RESTRAINING ORDERS. 


Establishes within the judiciary, for administrative purposes only, a temporary task force 

that shall discuss, review, and seek input on policy for establishing a process to issue 

temporary restraining orders by the family and district courts upon submission of sworn 

oral testimony or complaint communicated by the court by means of electronic voice 

communication. Report to the legislature. The task force is to cease to exist on June 30, 

2012 (sunset). -- Establishes provisions relating to temporary restraining order and 

protective order assistance program. Authorizes the judiciary to establish a program to 

assist persons seeking temporary restraining orders and protective orders during state 

furlough days and other times when such essential protective services are needed. -- 

Allows the judiciary to contract with a 3rd party to administer the program and provide 

program services. -- SB1054 HD2 


Apr=18 11 Conference Committee: Senate Members: Hee C, 

Shimabukuro M -- Slom S 


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March 8, 2012 34


Oshiro B -- Brower T, Jordan J, Pine K 

SB1055 SD1 HD1 (HSCR 1601) MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS. 


Appropriation to the director of finance, chief justice, and Hawaii health systems 

corporation for all collective bargaining cost items for collective bargaining unit 1 

(nonsupervisory blue collar employees) and unit 10 (nonprofessional hospital and 

institutional workers) and for salary increases and other cost adjustments for employees 

excluded from collective bargaining. ($$) -- SB1055 HD1 


Apr-18 11 Conference Committee: House Members: Rhoads K, 

Oshiro M -- Ichiyama L, Lee M, Ward G, Yamashita K 


Kidani M -- Shimabukuro M 



Establishes provisions relating to single use plastic checkout bags. Prohibits businesses 

with an annual gross sales of over 300,000 dollars from distributing single use plastic 

checkout bags to their customers at the point of sale beginning July 1, 2012 and subject 

to a fine. Allows the director of health to institute a civil action in any court of competent 

jurisdiction for injunctive relief and adopt rules. Allows the State to exempt an entity from 

this Act for an interim period of no longer than 1 year, upon sufficient showing by a 

business that implementation would cause undue hardship. Requires business to submit 

a request for an exemption to the director of health. -- SB1059 SD2 


Mar-10 11 Multiple Referral to EEP then ERB then FIN 





(supervisory blue collar employees), unit 3 (nonsupervisory white collar employees), unit 

4 (supervisory white collar employees), unit 9 (registered professional nurses), and unit 

13 (other professional and scientific employees), and for salary increases and other cost 

adjustments for employees excluded from collective bargaining. -- Appropriation to the 

director of finance for all collective bargaining cost items and for salary increases and 

other cost adjustments for negotiated collective bargaining cost items for public 

employees in collective bargaining unit 6 (educational officers and other personnel of the 

department of education) and unit 8 (personnel of the university of Hawaii and community 

college system) and for state officers and employees excluded from collective bargaining. 

($$) -- SB1061 HD1 



Oshiro M -- Jordan J, Lee M, Ward G, Yamashita K 





Appropriation to the director of finance for all collective bargaining cost items and for 

salary increases and other cost adjustments for negotiated collective bargaining cost 

items for public employees in collective bargaining unit 5 (teachers and other personnel 

of the department of education) and for state officers and employees excluded from 

collective bargaining. ($$) -- SB1062 HD1 



Oshiro M -- Hashem M, Lee M, Ward G, Yamashita K 


Shimabukuro M, Kidani M -- Kim D 

SB1063 SD1 (SSCR 71) MAKING APPROPRIATIONS FOR SALARY INCREASES FOR PUBLIC EMPLOYEES. 



corporation for all collective bargaining cost items for collective bargaining unit 13 (other 

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March 8, 2012 35


professional and scientific employees) and for salary increases and other cost 

adjustments for employees excluded from collective bargaining. ($$) -- SB1063 SD1 


Mar-04 11 Multiple Referral to LAB then FIN 





(supervisory white collar employees) and for salary increases and other cost adjustments 

for employees excluded from collective bargaining. ($$) -- SB1064 SD1 



SB1065 SD1 HD1 (HSCR 1550) RELATING TO COLLECTIVE BARGAINING. 


Establishes bargaining unit 14 (State law enforcement officers). -- SB1065 HD1 



Hee C -- Shimabukuro M 


Aquino H, Oshiro M -- Awana K, Cullen T, Fontaine G, Saiki S 

SB1066 SD2 HD1 (HSCR 1213) RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. 


Amends provisions relating to the department of the attorney general. Allows the Hawaii 

employer union health benefits trust fund to hire their own attorney. -- Amends provisions 

relating to the Hawaii employer union health benefits trust fund. Changes the 

composition of the board. Allows the board to appoint or retain by contract an attorney 

who is independent of the attorney general. Requires that health and other benefit plans 

be provided for collective bargaining units based on the collectively bargained 

contributions from both the employers and the employees; for retirees within the 

appropriation adopted by the legislature and the respective counties; and for all other 

eligible beneficiaries based on the contribution from both the employer and employees. 

Places the Hawaii employer union health benefits trust fund under the board of trustees 

and placed under the department of human resources development instead of the 

department of budget and finance. Repeals the provisions relating to the term of a 

trustee, vacancy. -- SB1066 HD1 







(personnel of the university of Hawaii and community college system) and for salary 

increases and other cost adjustments for employees excluded from collective bargaining. 

($$) -- SB1075 SD1 







(educational officers and other personnel of the department of education) and for salary 

increases and other cost adjustments for employees excluded from collective bargaining. 

($$) -- SB1077 SD1 



SB1078 SD2 HD1 (HSCR 1075) RELATING TO COLLECTIVE BARGAINING. 


Amends provisions relating to the Hawaii employer union health benefits trust fund law. 

Requires that health benefits plan and long term benefits be determined by collective 

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March 8, 2012 36


bargaining instead of the Hawaii employer union health benefits trust fund board. Allows 

group life insurance benefits or group life insurance program to be determined by 

collective bargaining instead of the board. Requires that under collective bargaining a 

long term care benefit plan be established for employee beneficiaries program or group. 

Allows collective bargaining for medical, hospital, or surgical benefits plans for part time, 

temporary, and seasonal or casual employees. Requires health benefits plan 

supplemental to medicare to be determined by collective bargaining instead of the board. 

Allows the board to administer health benefits plan and long term care benefits plan 

rates. Requires collective bargaining instead of the board to determine the rate structure 

for health benefit plans. -- Amends provisions relating to the scope of the collective 

bargaining negotiations; consultation. Requires the employer to negotiate in good faith 

with respect to health and group life insurance benefits. Repeals provisions that exclude 

benefits from collective bargaining negotiations. -- SB1078 HD1 



Oshiro M -- Chong P, Lee M, Ward G, Yamashita K 

Apr=19 11 Conference Committee: Senate Members: Hee C, Ige 

D -- Shimabukuro M 

SB1079 SD2 HD2 (HSCR 1498) RELATING TO LANDOWNER LIABILITY. 


Establishes provisions relating to trespass; no duty of care; liability of owner; rebuttable 

presumption. Provides that an owner of range land owes no duty of care to a trespasser 

for injury to, property damage, or death of the trespasser that occurs on range land or to 

warn the trespasser of dangerous natural conditions or range activities or uses if the 

range land is fenced, enclosed, or secured in a manner designed to the general public 

or marked by a structure or barrier, such as a cattle grid or cattle grate or other obstacle 

used to secure livestock; or has at least 1 sign displayed on the range land that is 

sufficient to give notice and that reads "No Trespassing" or a substantially similar 

message. -- Requires Hawaii Farm Bureau Federation to report to the legislature. -- Act 

to be repealed on December 31, 2017 (sunset). -- SB1079 HD2 



Chang J, Keith-Agaran G, Hashem M -- Har S, Nakashima M, 

Riviere G, Tokioka J 


Nishihara C, Ige D -- Shimabukuro M, Slom S 

SB1080 SD1 (SSCR 560) RELATING TO THE UNIFORM MILITARY AND OVERSEAS VOTERS ACT. 


Establishes provisions relating to uniform military and overseas voters act. -- SB1080 

SD1 


Mar-10 11 Multiple Referral to PBM then JUD then FIN 





(supervisory blue collar employees) and for salary increases and other cost adjustments 








(nonsupervisory white collar employees) and for salary increases and other cost 

adjustments for employees excluded from collective bargaining. ($$) -- SB1082 SD2 





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March 8, 2012 37


Appropriation to the director of finance for all collective bargaining cost items and for 

salary increases and other cost adjustments for negotiated collective bargaining cost 

items for public employees in collective bargaining unit 7 (faculty of the university of 

Hawaii and community college system) and for state officers and employees excluded 

from collective bargaining. ($$) -- SB1083 HD1 



Oshiro M -- Lee M, Ward G, Yamashita K 



SB1084 SD1 (SSCR 68) MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS. 


Appropriation to the director of finance for Hawaii employer union health benefits trust 

fund costs for collective bargaining unit 6 (educational officers and other personnel of the 

department of education) and for employees excluded from collective bargaining. ($$) 

-- SB1084 SD1 



SB1085 SD1 (SSCR 69) MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS. 


Appropriation to the director of finance for Hawaii employer union health benefits trust 

fund costs for collective bargaining unit 3 (nonsupervisory white collar employees) and 




SB1086 SD1 HD2 (HSCR 1494) RELATING TO CONSUMER INFORMATION. 


Establishes provisions relating to fresh baked goods; advertising. Prohibits baked goods 

to be represented, advertised, labeled, or marketed using the term fresh or fresh bread 

unless the baked goods have never been frozen prior to retail sale to the consumer. 

Amends provisions relating to notifying consumer. Prohibits a grocer or wholesale club 

to sell or offer to sell any baked bread that has been frozen after previously being baked 

in an oven or other heating device and is being offered for sale in a thawed state, unless 

the grocer or wholesale club posts a sign that identifies all of the baked bread products 

sold in the establishment that have been previously frozen; is displayed within the 

establishment at the primary location where the baked bread products are sold; and 

displays the words previously frozen in wording no less than 24 point font and the names 

of the previously frozen products in wording no less than 14 point font. -- SB1086 HD2 


Apr=18 11 Conference Committee: Senate Members: Baker R -- 

Galuteria B, Taniguchi B 


McKelvey A, Herkes R -- Mizuno J, Tokioka J 

SB1090 SD1 (SSCR 375) RELATING TO PUBLIC EMPLOYMENT. 


Provides that positions exempted from civil service shall cease to be exempt 3 years 

from the effective date of this Act. -- SB1090 SD1 





Appropriation to the director of finance for salary increases and other cost adjustments 

for negotiated collective bargaining cost items for public employees in collective 

bargaining unit 11 (firefighters) and for state officers and employees excluded from 

collective bargaining. ($$) -- SB1095 HD1 



Oshiro M -- Kawakami D, Lee M, Ward G, Yamashita K 



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March 8, 2012 38






(registered professional nurses) and for salary increases and other cost adjustments for 

employees excluded from collective bargaining. ($$) -- SB1096 SD1 



SB1106 SD1 HD1 (HSCR 1166) RELATING TO WELLNESS. 

Introduced by: Chun Oakland S, Fukunaga C, Baker R 

Requires the department of health to create of a workplace wellness pilot program. -- 

SB1106 HD1 



SB1107 SD1 HD2 (HSCR 1478) RELATING TO THE GENERAL EXCISE TAX. 


Amends provisions relating to additional amounts not taxable under the general excise 

tax law. Provides that the general excise tax law shall not apply to amounts received by 

a related entity and taking into account the attribution rules under section 267, Federal 

Internal Revenue Code, as amended, including salaries, wages and related taxes, 

vacation pay, sick pay, and pensions and insurance paid out to or on behalf of employees 

of the related management company and reimbursed by the related company for those 

operating expenses. -- SB1107 HD2 



Chun Oakland S, Kidani M, Kouchi R, Slom S 



SB1108 SD2 HD1 (HSCR 1084) RELATING TO INDIVIDUAL DEVELOPMENT ACCOUNTS. 


Amends provisions relating to individual development accounts. Defines department to 

mean the department of human services or any state agency authorized by the 

department of human services. Redefines qualified expenditures to include 1 motor 

vehicle purchase for school or work transportation. Changes the maximum income 

ceiling of the household of the individual development account holder to an amount 

determined by the department. Requires the department to contract with fiduciary 

organizations that meet the criteria and to make use of available federal moneys. 

Changes the match ratio by the State to be a specific match ratio for qualified 

expenditures as determined by the department. Requires the fiduciary organization to 

report annually to the department rather than to the legislature. Appropriation. ($$) -- 

SB1108 HD1 



SB1115 SD2 (SSCR 694) RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR 

SAINT LOUIS SCHOOL. 


Authorizes the issuance of special purpose revenue bonds to assist Saint Louis school, 

a Hawaii not for profit corporation, to finance or refinance the planning, construction, 

improvement, and equipping of its educational facilities. Authorizes the issuance of 

refunding special purpose revenue bonds to refund the special purpose revenue bonds. 

($$) -- SB1115 SD2 



SB1120 SD2 (SSCR 788) RELATED TO THE ECONOMY. 

Introduced by: Ige D, Tokuda J, Fukunaga C, Baker R, Chun Oakland S 

Appropriation to the university of Hawaii for fostering inspiration and relevance through 

science and technology pre academy program, for robotics and problem based, applied 

learning program, and for the research experiences for teachers program. Requires the 

university of Hawaii, department of education, Robotics Organizing Committee, and 

STEM demonstration project stakeholders to provide outcome measures for expansion 

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March 8, 2012 39


of the 1st Pre Academy approach to all public middle schools, and to identify where 

STEM and creative media experiential learning programs can significantly impact student 

performance outcomes in public high schools. -- Appropriation to be deposited into the 

Hawaii 3Ts school technology laboratories fund. Appropriation out of the fund to 

Economic Development Alliance of Hawaii, Inc. and implemented in partnership with 

county economic development boards for the STEMworks project based service learning 

model, service learning model that combines project based, high end software access 

and creative and digital media, pre engineering hardware and design components; 

provided that the University of Hawaii, department of education, and other STEMworks 

demonstration stakeholders shall provide outcome measures to the legislature for 

utilization of the updated STEMworks approach in additional schools throughout the 

State, and identify where STEMworks project based learning programs can significantly 

impact student performance outcomes in public high schools. Requires matching funds. 

-- Appropriation to the department of education for projects demonstrating cost effective 

outcomes in conjunction with improved student performance in STEM and creative media 

experiential learning programs. -- Annual report to the legislature and governor by the 

university of Hawaii, department of education, Economic Development Alliance of Hawaii, 

Inc., and department of business, economic development, and tourism. ($$) -- SB1120 

SD2 


Mar-10 11 Multiple Referral to HED/ EDN/ then ERB then FIN 

SB1125 SD2 HD1 (HSCR 1015) RELATING TO CONDOMINIUMS. 



relating to condominiums by repealing the sunset date. Amends Act 205, session laws 

of 2008, as amended by Act 9, session laws of 2009, relating to condominiums by 

extending the sunset date. -- SB1125 HD1 


Mar-21 11 Referred to JUD/ CPC/ 

SB1130 SD1 (SSCR 730) RELATING TO THE HAWAIIAN LANGUAGE. 

Introduced by: English J, Kidani M, Baker R, Dela Cruz D, Galuteria B 

Amends provisions relating to the Hawaiian language; spelling. Requires beginning 

January 1, 2013, all documents and letterhead prepared by or for state or county 

agencies or offices to include accurate, appropriate, and authentic Hawaiian names and 

words, including proper Hawaiian spelling and punctuation, including, but not limited to 

macrons and glottal stops that punctuate the English word which they relate, provided 

that any revision to conform any document or letterhead existing on or before January 

1, 2013 to the requirements of this section may be implemented when the document or 

letterhead requires replacement or reprinting, or otherwise requires revision. -- Amends 

provisions relating to State language. Requires beginning January 1, 2013 the Hawaiian 

languages is to be used on all emblems and symbols representative of the State provided 

that for emblems and symbols existing on January 1, 2013 conformance with this section 

may be delayed until a replacement for the emblem or symbol is required. -- SB1130 SD1 



SB1142 SD2 (SSCR 702) RELATING TO AGRICULTURE. 

Introduced by: Nishihara C, Wakai G, Chun Oakland S, Kahele G 

Establishes provisions relating to the food safety and security program. Establishes the 

program within the department of agriculture to provide training, certification, support, and 

assistance to the agriculture industry, and interfaces with other state and federal 

agencies to meet requirements food safety requirements. -- Amends provisions relating 

to the department of agriculture rules by requiring the department to adopt, amend, and 

repeal rules not inconsistent with the production, processing, and distribution of food 

products of agricultural commodities in order to meet state and federal food safety 

standards. Appropriation. ($$) -- SB1142 SD2 


Mar-10 11 Multiple Referral to AGR then FIN 


Introduced by: Nishihara C, Chun Oakland S, Shimabukuro M 

Establishes the food sustainability law. Establishes a percentage of all food sold for 

consumption in the State to be grown in the State. Requires the department of 

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March 8, 2012 40


agriculture to be responsible for measuring the amounts of food sold and grown in the 

State on an annual basis and make the information public. Requires the department to 

plan and adopt incentives to ensure that the food sustainability standards are met. 

Annual report to the legislature. Appropriation. ($$) -- SB1145 SD2 



SB1155 SD2 (SSCR 777) RELATING TO THE LONG-TERM AGRICULTURAL LEASE TASK FORCE. 

Introduced by: Ryan P, Shimabukuro M, Chun Oakland S 

Establishes a long term agricultural lease task force within the department of agriculture 

to develop a plan and make recommendations to expand the availability of long term 

leases favorable to small farms and agricultural enterprises to improve community 

investments in long term food sustainability in the State. Report to the legislature. 

Appropriation. Task force shall cease to exist on June 30, 2012 (sunset). ($$) -- SB1155 

SD2 


Mar-10 11 Multiple Referral to AGR/ WLO/ then FIN 

SB1161 SD1 HD3 (HSCR 1524) RELATING TO TELECOMMUNICATIONS. 


Exempts county permitting requirements and state permitting and approval requirements 

for any actions relating to the installation, improvement, construction or development of 

infrastructure relating to broadband service or broadband technology, including the 

interconnection of telecommunications cable from January 1, 2012 to January 1, 2017 

(sunset). Prohibits a person or entity to be required to upgrade or replace an existing 

utility pole when using that utility pole to install new or improve existing 

telecommunications cables provided that, in addition to other safety and engineering 

requirements the overall weight load on the utility pole following the installation or 

improvement is not greater than the weight load prior to the installation or improvement; 

the overall weight load on the utility pole does not exceed maximum utility pole safe 

weight capacities established by the Federal communications commission and the Hawaii 

public utilities commission; and the utility pole is not damaged due to the installation or 

improvement of telecommunications cables. Requires the director of commerce and 

consumer affairs in consultation with the administrator of the cable television division to 

review the state of broadband communications in Hawaii and the exemptions made; and 

make a recommendation whether to extend the exemptions. Report to the legislature. 

-- SB1161 HD3 



Herkes R, Yamashita K -- Choy I, Marumoto B, Tokioka J 


C, Espero W, Baker R -- Slom S 

SB1162 SD2 (SSCR 739) RELATING TO SECURITY BREACHES OF PERSONAL INFORMATION. 

Introduced by: Fukunaga C, Tokuda J, Kidani M, Chun Oakland S, Nishihara C, Baker 

R 

Establishes provisions relating to personal information security; government agencies; 

requirements. Requires any government agency that maintains 1 or more personal 

information systems to include mandatory training programs for any agency personnel 

to whom disclosures of personal information are made or to whom access to the personal 

information may be granted. Requires the government agency to submit a report to the 

legislature and to the information privacy and security council. -- Amends the provisions 

relating to information privacy and security council; established duties; reports. Requires 

the council to be responsible for coordinating the implementation of guidelines by 

government agencies. Requires the comptroller or the state chief information officer to 

serve as chair of the council. Appropriation for positions and funding in support of the 

information privacy and security council enhanced data security requirement, for 

specialist and coordinator positions in statewide network security, application scanning, 

security incident, and training, and for security tools, maintenance, and licenses. ($$) -- 

SB1162 SD2 



SB1164 SD2 HD1 (HSCR 1141) RELATING TO ENTERPRISE ZONES. 

Introduced by: Fukunaga C, Chun Oakland S 

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March 8, 2012 41


Amends provisions relating to state enterprise zones. Redefines eligible business activity 

to include renewable energy or ownership, control, operation, or management any 

seawater air conditioning district cooling project. the production of air conditioning from 

a seawater air conditioning district cooling system. -- Amends provisions relating to state 

general excise exemptions to include the production of air conditioning from a seawater 

air conditioning district cooling system provided that the exemption shall not apply to the 

gross proceeds received by a contractor licensed in connection with the construction of 

a sea water conditioning district cooling system. -- SB1164 HD1 



SB1168 SD1 (SSCR 2352) RELATING TO TOBACCO PRODUCTS. 

Introduced by: Wakai G, Shimabukuro M, Chun Oakland S 

Amends provisions relating to tobacco; minors. Provides that it is unlawful for a minor 

under 18 years of age to use tobacco in any shape or form, including chewing tobacco 

and snuff. Allows a law enforcement officer to confiscate any tobacco used in violation 

of this act. -- SB1168 SD1 



SB1173 SD2 (SSCR 747) MAKING AN APPROPRIATION FOR MATCHING GRANTS FOR SPACE EDUCATION 

PROGRAMMING SERVICES. 

Introduced by: Tokuda J, Nishihara C, Chun Oakland S, Espero W, Fukunaga C 

Appropriation to the department of education to award a grant for space education 

programming services at the Barbers Point elementary school on the island of Oahu. 

Requires matching private sector funds. -- Requires the Challenger Center Hawaii to 

formulate a plan to become financially self sufficient beginning fiscal year 2012 - 2013 

using private donations, fees, and federal grant moneys. Report to the legislature. ($$) 

-- SB1173 SD2 



SB1178 SD1 (SSCR 465) RELATING TO MORTGAGE LENDERS. 


Amends provisions relating to exemptions under mortgage servicers law. Exemptions 

to include a mortgage loan originator company licensed under the secure and fair 

enforcement for mortgage licensing act. Amends provisions relating to license; fees; 

renewals by adding voluntary surrender of license under the secure and fair enforcement 

for mortgage licensing act. Allows a mortgage servicer licensed to voluntarily cease 

business and surrender its license by giving written notice to the commissioner of 

financial institutions its intent to surrender its mortgage servicer license. -- SB1178 SD1 


Mar-10 11 Multiple Referral to CPC/ JUD/ then FIN 

SB1187 SD1 (SSCR 618) PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 6, OF THE HAWAII STATE 

CONSTITUTION, TO PROVIDE FOR THE ELECTION OF THE ATTORNEY GENERAL. 

Introduced by: Kim D, Dela Cruz D, Ihara L 

Proposes to amend the constitution. Requires the attorney general to be elected by the 

qualified voters of the State at a general election rather than to be appointed by the 

governor. Provides that, in case of a tie, the selection of the attorney general shall be as 

provided by law. -- SB1187 SD1 



SB1190 SD1 (SSCR 499) RELATING TO AUTOMOBILE PERSONAL INJURY LIMITATIONS. 


Amends provisions relating to limitation on charges under motor vehicle insurance law. 

Requires the independent medical examiner to be of the same specialty as the treating 

or prescribing provider whose treatment is being reviewed and the record review. 

Requires the record reviewer to have sufficient professional training, credentials, and 

experience in treating the type of injury at issue to competently evaluate the specific 

treatment that is the subject of the record review. Requires all records and charges 

relating to an independent medical examination and the record review to be made 

available to the claimant upon request. -- SB1190 SD1 


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March 8, 2012 42


Mar-22 11 Referred to CPC/ JUD/ 

SB1195 SD1 (SSCR 564) PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF THE 

STATE OF HAWAII. 


Proposes to amend the constitution. Requires that the revision or amendments to the 

constitution be effective only if approved at a general election by a majority of all the 

votes cast upon the question, this majority constituting at least 40 per cent of the total 

vote cast at the election; or at a special election by a majority of all votes cast upon the 

question, this majority constitution at least 30 per cent of the total number of registered 

voters, provided that only ballots that are voted either yes or no shall be tallied as votes 

cast upon the question and that all ballots that are voted, including blank votes, shall be 

tallied as votes cast at the election. -- SB1195 SD1 



SB1197 SD2 (SSCR 533) RELATING TO ENERGY. 

Introduced by: Kidani M, Shimabukuro M, Chun Oakland S 

Establishes provisions relating to state facility construction and renovation; alternative 

energy design requirement. Requires each state department with responsibilities for the 

design and construction of public buildings and facilities to implement alternative energy 

designs for the construction of all new state facilities and state facility renovations 

exceeding ____ dollars for which the planning and design of the project begins after July 

1, 2013. -- Establishes provisions relating to school construction and renovation; 

alternative energy design requirement. Requires the department of education to 

implement alternative energy designs for the construction of all new school buildings and 

school renovations exceeding ____ dollars for which the planning and design of the 

project begins on or after July 1, 2013. -- SB1197 SD2 


Mar-10 11 Multiple Referral to EEP then EDN then FIN 

SB1209 SD1 (SSCR 698) MAKING AN APPROPRIATION FOR THE OPERATION AND MAINTENANCE OF THE 

EAST KAUAI IRRIGATION SYSTEM. 

Introduced by: Kouchi R 

Appropriation to the agribusiness development corporation for the operation and 

maintenance of the east Kauai irrigation system by the east Kauai water users' 

cooperative, provided that the appropriation shall not supplant any other moneys 

appropriated to the cooperative. ($$) -- SB1209 SD1 




ASSIST PACIFIC POWER AND WATER COMPANY, INC. 


Authorizes the issuance of special purpose revenue bonds to assist Pacific Power and 

Water Company, Inc. with the planning, permitting, designing, constructing, equipping, 

and operating of hydropower plants at locations throughout Hawaii. Authorizes the 

issuance of refunding special purpose revenue bonds to refund the special purpose 



Mar-10 11 Multiple Referral to EEP then FIN 

SB1215 SD2 HD1 (HSCR 1039) RELATING TO PUBLIC LANDS. 

Introduced by: Ige D, Fukunaga C, Nishihara C, Chun Oakland S, Tokuda J, Kahele G, 

Shimabukuro M, Espero W, Kidani M 

Creates a task force under the university of Hawaii Kapiolani community college to 

conduct a feasibility study of the transfer of approximately 1.5 acres of land adjacent to 

land set aside for use by the university of Hawaii Kapiolani community college through 

Executive Order No. 3791 and currently under the jurisdiction of the department of land 

and natural resources to establish a proposed legacy center for the 100th Infantry 

Battalion / 442nd Regimental Combat Team. Requires the task force to also study 

alternative sites for the legacy center including a portion of the former Cannon Club. 

Report to the legislature. -- SB1215 HD1 



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March 8, 2012 43



Introduced by: Tsutsui S 

Requires the department of education to establish a pilot project for Lanai high and 

elementary school to expand the Hawaii virtual learning network e school program to 

provide high school students on the island of Lanai access to the selection of basic 

elective courses required for graduation. Requires the department to allow interested 

online education curriculum providers to become a partner of the Hawaii virtual learning 

network e school program. Appropriation. Report to the legislature. ($$) -- SB1217 SD1 



SB1219 SD2 HD2 (HSCR 1568) RELATING TO THE LANAI WATERSHED. 


Requires the department of land and natural resources to control and manage 

implementation of the Lanaihale watershed management plan and to fund it by private 

contributions and available federal funds in a 1 to 3, state to private funds match. -- 

SB1219 HD2 


Apr-18 11 Conference Committee: House Members: Chang J, 

Coffman D, Oshiro M -- Ito K, Thielen C 

Apr=18 11 Conference Committee: Senate Members: Solomon 

M, Ige D -- English J, Ryan P, Slom S 

SB1220 SD2 (SSCR 637) RELATING TO FISHING. 


Establishes provisions relating to Lanai community based fishery resource management 

area; advisory committee; rules. Designates the Lanai community based fishery 

resource management area around the island of Lanai. Establishes an advisory 

committee to incorporate traditional Hawaiian caretaker (konohiki) practices to implement 

traditional fishery management practices for the regulation of fishing and gathering to 

promote the sustainable use of marine resources. Appropriation. ($$) -- SB1220 SD2 



SB1227 SD2 (SSCR 542) RELATING TO ENHANCED 911 SERVICES. 


Amends provisions relating to enhanced 911 services for mobile phones (cell phone, 

cellular phone, mobile telephone, wireless telephone) law by repealing mobile phones. 

Replaces wireless enhanced to enhanced and replaces wireless provider with 

communications service provider. Increases the number of enhanced 911 board 

members to 13. Prohibits a 3rd party accounting firm, consultant, or other 3rd party hired 

to perform administrative duties to be retained if there is a conflict of interest. -- Requires 

the board to fund the development, deployment, and sustaining of enhanced 911 service, 

including funding future enhanced 911 technologies. -- Requires moneys in the fund to 

be expended exclusively by the board for the purposes of funding to deploy and sustain 

enhanced 911 service and develop and fund future enhanced 911 technologies. -- 

Provides that the rate of the surcharge is to be set at 66 cents per month for each 

communications service connection. -- Allows a public utility providing local exchange 

enhanced 911 communication services for its customer base and other service providers 

using the wire line provider's enhanced 911 service may collect and keep the surcharge 

at the established rate set. -- Requires every public safety answering point to be eligible 

to seek disbursements from the fund to pay for the reasonable costs associated with 

having representatives, other than enhanced 911 board members, on enhanced 911 

board committees to include, established and investigative committees. -- SB1227 SD2 


Mar-10 11 Multiple Referral to PBM then CPC then FIN 

SB1247 SD2 HD2 (HSCR 1559) RELATING TO THE ALOHA TOWER DEVELOPMENT CORPORATION. 


Establishes provisions relating to implementation of the commercial harbors 

modernization plan. Requires the department of transportation to implement the 

commercial harbors modernization plan which requires the projects to be approved by 

the governor. Amends provisions relating to district; established boundaries. Adds that 

the Kakaako community district shall include the Aloha Tower complex and defines the 

boundaries. Amends provisions relating to Aloha Tower Development Corporation; 

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March 8, 2012 44


established. Transfers the aloha tower development corporation from the department of 

business, economic development, and tourism to the department of transportation. 

Reduces board of director to 3 voting members. Amends provisions relating to Aloha 

Tower fund. Requires moneys deposited in the fund to include lease payments to the 

department of transportation. Appropriation out of the Aloha Tower Fund. ($$) -- SB1247 

HD2 


Apr-18 11 Conference Committee: House Members: Souki J, 

Chang J, Ichiyama L -- Har S, Johanson A, Tokioka J 

Apr=18 11 Conference Committee: Senate Members: Dela Cruz 

D, Ige D -- Kim D, Slom S, Solomon M 

SB1269 SD2 HD2 (HSCR 1599) RELATING TO THE DEFINITION OF COMPENSATION FOR PURPOSES OF THE 

EMPLOYEES' RETIREMENT SYSTEM. 


Amends provisions relating to employee compensation under the employees' retirement 

system. Provides that for service after June 30, 2011, compensation to an employee or 

officer shall include the normal periodic payments of money for services performed, 

overtime differentials, elective salary reduction contributions under the Internal Revenue 

Code and 12 month differentials for employees of the department of education. Prohibits 

any other additional or extra payments to an employee or officer, including overtime, 

supplementary payments, bonuses, lump sum salary supplements, allowances or 

differentials, including differentials for stand by duty, temporary unusual work hazards, 

compression differentials, or temporary differentials. -- SB1269 HD2 



Oshiro M -- Cullen T, Fontaine G, Yamashita K 


D -- Shimabukuro M, Slom S 

SB1271 HD1 (HSCR 1446) RELATING TO THE PUBLIC NOTICES FOR THE EXPENDITURE CEILING AND THE 

AWARDING OF GRANTS. 


Amends provisions relating to the director of finance; duties. Allows the notice of the 

state growth and expenditure ceiling be given by posting to the department of budget and 

finance internet website; publication of a daily or weekly publication of statewide 

circulation; and / or any other method the director of finance deems effective for 

publicizing the notice. Amends provisions relating to grants; release by the governor. 

Allows the notice of a grant awarded by posting to the office of the governor or the 

department of budget and finance internet website; publication in a daily or weekly 

publication of statewide circulation, and/or any other method the governor or director of 

finance deems effective for publicizing the notice. -- SB1271 HD1 



Choy I, Lee M, Ward G 


Espero W, Kidani M, Kouchi R, Slom S 

SB1272 SD2 (SSCR 735) RELATING TO INSURANCE. 


Amends provisions relating to risk based capital reports. Requires a benefits society or 

health maintenance organization's (HMOs) risk based capital to be determined in 

accordance with the formula in the risk based capital instructions. Requires that the 

insurance commissioner to have the rights, powers, and duties with respect to a benefits 

society or health maintenance organization and to take any actions that are necessary 

to cause the insurer to be place under regulatory control. Further requires the 

commission with respect to any domestic insurer or foreign insurer that are in possession 

or control of the commissioner to be confidential by law and privileged, shall not be made 

public, subject to subpoena, discovery and not be admissible as evidence in any private 

civil action. Allows the commission to share and receive documents, materials, or 

information, including otherwise confidential and privileged document, material, or 

information, from the national Association of Insurance commissioners and its affiliates 

and subsidiaries, and from regulatory and law enforcement officials of other foreign or 

domestic jurisdictions. -- SB1272 SD2 


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March 8, 2012 45



SB1276 SD2 HD1 (HSCR 1009) RELATING TO INSURANCE. 


Amends provisions relating the insurance code. Provides that if an insurance 

commissioner has not been appointed requires the chief deputy commissioner to have 

the power to perform any act conferred upon the commissioner until such appointment 

is made. Requires that any approval required by law to be deemed granted on the 75 

calendar day if the commissioner does not take any action to grant or deny the approval 

of the request. Require application for an adjuster or independent bill review license to 

be made to the commission upon forms as prescribed and furnished by the 

commissioner. Repeal provisions that requires an application additional requirements 

to be furnish if the applicant is a partnership or corporation or each individual to be 

required to furnish information to the commissioner for an individual license. Redefines 

managing general agent that adjust or pays claim in excess of 10,000 dollars or 

negotiates reinsurance on behalf of the insurer. Requires every managed care plan to 

file with the commissioner, every rate, charge, classification, schedule, practice, or rule 

and every modification by an electronic copy or 2 printed copies and every filing to be 

accompanied by a 50 dollar fee payable to the commissioner and to be deposited in the 

commissioner's education and training fund. Amends provisions relating to the Hawaii 

hurricane relief fund. Repeals provisions that the formula to calculate the amount and 

period of the surcharge for each covered event and the procedures and methodology for 

payment of claims and other obligation of the fund to be provided in the plan of 

operation. Requires the surcharge to remain in effect until all claims and other 

obligations of the fund, including but not limited to include claims under fund policies of 

hurricane property insurance. Allows the funds to establish procedures for insurers to 

collect a surcharge from their customers who hold property or casualty policies. Requires 

the society to deposit with the commissioner 50 per cent of the minimum net worth either 

in cash or in securities approved by the commissioner; provided that the deposit shall be 

not less than 1 million dollars and not exceed 2 million dollars. Amends provisions 

relating to fees, taxes and deposits law. Changes workers' compensation claim to claim 

adjusters issuance fee. Repeals life settlement contract provider and broker license 

issuance fee. Adds legal service plan certificate of authority issuance fee. Adds 

fingerprinting for each criminal history record check and fingerprinting check, a fee to be 

established by the commissioner. Repeal 150 dollars per year for all services including 

extension of the license for a regularly licensed life settlement contract provider or broker. 

Adds 500 dollars per year for all services including extension of the certificate for an 

authorized legal service plan. -- Amends Act 59, session laws of 2010. -- Repeals 

provisions relating to benefits funds. -- SB1276 HD1 





Amends provisions relating to State defined under administration of insurance laws. 

Redefines State to include the Northern Mariana Islands. Amends provisions relating to 

unauthorized insurers and surplus lines. Exempts transaction of contract of insurance 

for property and casualty multi state risks; provided that the producer is licensed to sell, 

solicit, or negotiate that insurance in the home state of the insured. Requires an 

unauthorized insurance for which this State is home state of the insured within 45 days 

after the end of the calendar quarter in which the insurance was procured, continued, or 

renewed, file a written report with the insurance commissioner. Provides that gross 

premiums, less any return premiums, charged for the insurance allocable to other states, 

are subject to the taxes and fees of those other states. Provides at the time of filing the 

report requires the insured to pay the tax and fees of this State to the home state of the 

insured when this State is not the home state of the insured to the director of finance 

through the commissioner. Provides that a surplus lines broker is not required to make 

a due diligence search to determine whether the full amount or type of insurance can be 

obtained from admitted insurers when the broker is seeking to procure or place 

nonadmitted insurance for an exempt commercial purchaser. Allows a surplus lines 

broker to place surplus lines insurance only with insurers who are authorized to write that 

type of insurance in the insurer's domiciliary state. Requires each insured who in this 

State after June 30, 2011, procures, continues, or renews surplus lines insurance for 

which this State is the home state of the inured, other than lines procured through an 

insurance broker to file with the commissioner within 45 days of the end of each calendar 

LRB Systems 

March 8, 2012 46


quarter a verified statement of all surplus line insurance transacted during the calendar 

quarter. Provides that within 45 days after the end of each calendar quarter requires 

each surplus lines broker to pay to the director of finance, through the commissioner a 

premium tax on surplus lines insurance transacted by the broker for which this State is 

the home state of the insured. Allows the commissioner to enter into a cooperative 

agreement, reciprocal agreement, or compact with other states to facilitate and provide 

for the collection, allocation, and disbursement of premium taxes attributable to the 

placement of surplus lines insurance; provide for uniform methods of allocation and 

reporting among surplus lines insurance risk classifications; conform to the requirement 

of the federal Nonadmitted and reinsurance Reform Act of 2010. Amends provisions 

relating to penalty for failure to file statement or remit tax. Changes annual report to 

quarterly reports to the commissioner. Requires the insurance commissioner to submit 

recommendations for legislation pertaining to and enabling the insurance commissioner 

to participate fully in the multistate cooperative agreement, interstate agreement, 

reciprocal agreement, or compact for the collection and distribution of surplus lines 

premium taxes and fees created pursuant the nonadmitted and Reinsurance Reform Act 

of 2010 to the 2012 legislature for adoption. -- SB1279 SD1 



SB1283 SD1 (SSCR 697) RELATING TO THE CERTIFICATION OF PRINCIPALS AND VICE-PRINCIPALS. 


Amends provisions relating to principals and vice principals. Allows the department of 

education's certification requirements to include equivalency for experience. -- SB1283 

SD1 



SB1285 SD2 HD1 (HSCR 1447) RELATING TO CAPITAL INVESTMENTS. 


Amends provisions relating to definitions for the executive budget. Redefines capital 

investment costs to mean costs, including all agency or contracted labor costs, hardware, 

software, and licenses allocated to the development, installation, monitoring, and 

replacement of agency wide technology or computer systems with an estimated useful 

life of greater than 7 years. Redefines cost element to include agency wide technology 

or computer systems with an estimated useful life of greater than 7 years. Redefines 

phases of capital improvement project for technology or computer systems to mean 

planning, acquisition, testing, implementation and monitoring. Amends provisions 

relating to the 6 year program and financial plan. Requires that the details of each capital 

improvement project include a schedule for planning, acquisition, testing, implementation 

and monitoring. -- SB1285 HD1 



Hashem M, Lee M, Ward G, Yamashita K 


C, Espero W -- Slom S, Wakai G 

SB1287 SD2 (SSCR 782) RELATING TO INFORMATION TECHNOLOGY. 


Amends provisions relating to information technology; chief information officer; 

information technology steering committee; establishment; responsibilities. Allows the 

chief information officer to employ persons that shall be exempt from civil service and 

collective bargaining laws. Transfers the shared services technology special fund from 

the department of budget and finance to the department of accounting and general 

services. Allows the chief information officer and the comptroller to raise funds to defray 

administrative costs and accept donations of money and personal property on behalf of 

the information technology committee provided that all donations accepted from private 

sources shall be expended in the manner prescribed by the contributor, and all moneys 

received from all sources shall be deposited into the trust account established to hold 

moneys received by the information technology steering committee. Annual report to the 

legislature and governor. -- Changes the amount deposited into the shared services 

technology special fund. Appropriation to the shared services technology special fund 

and out of the fund. ($$) -- SB1287 SD2 


Mar-10 11 Single Referral to FIN 

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March 8, 2012 47




Amends provisions relating to liquor tax; limitations. Changes the per wine gallon tax 

from July 1, 2011. -- SB1289 SD2 



SB1295 SD1 HD1 (HSCR 1044) RELATING TO GREENHOUSE GAS EMISSION RULES. 


Amends provisions relating to greenhouse gas emissions limits; rules. Extends the 

deadline for the director of health to adopt rules to December 31, 2015, and for the rules 

to become operative to January 1, 2016. -- SB1295 HD1 





Amends provisions relating to Hawaii paroling authority; appointment; tenure; 

qualifications. Repeals that requirement that the president of the Hawaii Criminal Justice 

association to be a member of the paroling authority. -- SB1307 SD1 


Mar-10 11 Single Referral to PBM 

SB1309 SD1 (SSCR 157) RELATING TO THE ESTABLISHMENT OF THE LIEUTENANT GOVERNOR SPECIAL 

FUND. 


Establishes provisions relating to the lieutenant governor; fees. Requires the lieutenant 

governor to charge a fee for signing apostilles and other certifications, for preparing 

photostat copy of documents, and allows the lieutenant governor to prescribe charges 

for other acts and duties. Requires the legislative auditor to examine whether a special 

fund established in the office of the lieutenant governor for the deposit of the fees would 

adequately fund the costs for the administration and operation of the lieutenant 

governor's functions. Report to the legislature. -- SB1309 SD1 


Feb-18 11 Multiple Referral to JUD then LMG then FIN 

SB1311 SD2 HD1 (HSCR 1481) RELATING TO FEES FOR HABITAT CONSERVATION PLANS. 


Amends provisions relating to conservation of aquatic life, wildlife, and land plants. 

Allows the department of land and natural resources to collect fees to cover the technical 

assistance program costs, and is to adopt rules for establishing such fees. -- SB1311 

HD1 



Coffman D, Har S -- Ito K, Riviere G, Tokioka J 


M, Kidani M -- English J, Kahele G, Ryan P 

SB1312 RELATING TO THE LEGACY LAND CONSERVATION COMMISSION. 


Amends provisions relating to acquisition of resource value land. Defines the commission 

to mean the legacy land conservation commission. Requires the chairperson of the 

natural area reserves system commission or chairperson's designated representative to 

serve as an ex officio voting member and the members of the commission shall elect the 

chairperson of the commission. -- SB1312 



SB1316 SD1 (SSCR 571) RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE 

INTERNAL REVENUE CODE. 


Amends income tax provisions to conform the Hawaii income tax law to the Federal 

Internal Revenue Code. -- SB1316 SD1 



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March 8, 2012 48


SB1324 SD2 HD2 (HSCR 1561) RELATING TO RENTAL MOTOR VEHICLE SURCHARGE TAX. 


Amends provisions relating to the rental motor vehicle and tour vehicle surcharge tax. 

Repeals the 2 dollar a day rate and sets the 3 dollar a day rate. Appropriation out of state 

highway fund to the department of transportation for the operations and maintenance of 

the state highways program. ($$) -- SB1324 HD2 


SB1326 SD2 HD1 (HSCR 1029) RELATING TO COSTS OF RELOCATION AND UNDERGROUNDING OF UTILITY 

FACILITIES. 


Amends provisions relating to contract not binding unless funds available. Repeals 

pursuant to relocation of utility facilities law. -- SB1326 HD1 



SB1332 SD2 HD2 (HSCR 1488) RELATING TO THE UNIVERSITY OF HAWAII. 


Establishes provisions relating to procurement complaints. Authorizes the administrator 

of the procurement office to determine corrective actions in the case of a complaint filed 

with the state procurement office regarding procurement at the University of Hawaii. -- 

Amends provisions relating to construction projects. Requires bidder to submit a list of 

subcontractors who will perform work with a value exceeding 1 per cent rather than 5 per 

cent of the total bid amount. -- Amends Act 82, session laws of 2010, which exempts the 

university of Hawaii or the board of regents of the university of Hawaii from the 

procurement code by extending the sunset date to December 31, 2012, and requiring 

annual reports until 2014. Requires the reports to include a description and status of 

construction projects in excess of 1 million dollars and any proposed legislation or 

recommendations to amend the procurement code. Further requires that in its report in 

2013, the university include a list of all construction contracts in excess of 1 million dollars 

entered into by the university that are exempt from the procurement code, the amount 

of each contract, and specific identification of which contracts either required or did not 

require the listing of subcontractors, and any formal complaints the university has 

received from subcontractors. -- SB1332 HD2 



S, Tokioka J -- Choy I, Johanson A, Nakashima M 



SB1337 SD2 (SSCR 651) RELATING TO LIVESTOCK. 

Introduced by: Nishihara C, Chun Oakland S 

Appropriation to the department of agriculture as a grant to the Hawaii Livestock 

Cooperative to make investments in modern equipment, expand and improve their stock 

of animals, develop new markets and products, and stabilize its slaughter facilities 

operations. Report to the legislature. ($$) -- SB1337 SD2 



SB1341 SD2 HD1 (HSCR 1212) RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. 


Amends provisions relating to the pension and retirement system to specify provisions 

for those hired after June 30, 2012, including employee contributions, return to service 

of a former member, service retirement, allowance on service retirement, unreduced 

allowance on service retirement, allowance on ordinary disability retirement, average final 

compensation, post retirement allowances, and service retirement allowance. Amends 

provisions relating to determination of employer normal cost and accrued liability 

contributions by increasing the rates. -- Reduces regular interest for a member who 

becomes a member after June 30, 2011. -- Requires the board of trustees of the 

employees' retirement system to conduct a study to determine whether the percentage 

of regular interest is appropriate. Report to the legislature. -- Provides that actuarial 

valuations shall be based on the contribution rates approved by the legislature, and the 

tables, assumptions, and factors adopted by the board and provides that the investment 

yield rate assumption for the year ending June 30, 2011, shall be 7 3/4 per cent. -- 

SB1341 HD1 

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March 8, 2012 49






Oshiro M -- Fontaine G, Yamashita K 


Introduced by: Chun Oakland S, Fukunaga C, Baker R, Kidani M, Tokuda J, Ige D 

Establishes provisions relating to business domiciled out of state; nexus presumptions. 

Provides that a person or entity conducting business in this State has its commercial 

domicile in another state is presumed to be systematically and regularly engaging in 

business in this State and taxable under State tax law, if the person or entity engages in 

or solicits business with persons within the State and the earns income, gross proceeds, 

gross rental, or gross rental proceeds attributable to source in this State. -- Establishes 

provisions relating to business domiciled out of state; annual statement. Requires any 

person or entity conducting business in this State that has its commercial domicile in 

another state, is presumed to be systematically and regularly engaging in business in this 

State and does not pay the general excise tax for sales of tangible personal property to 

residents of this State to file an annual statement with the department of taxation. -- 

Establishes provisions relating to business domiciled in the state; annual statement. -- 

SB1355 HD2 



C, Ige D -- Chun Oakland S 


Oshiro M -- Chong P, Choy I 



Amends provisions relating to substantial understatements or misstatements of amounts 

and erroneous claim for refund or credit. Provides that the penalty shall not apply to any 

portion of an underpayment on which a penalty is being imposed under substantial 

understatements or misstatements of amounts; penalty and erroneous claim for refund 

or credit violations. -- Amends provisions relating to general excise tax, transient 

accommodations tax, use tax, fuel tax, liquor tax, cigarette tax and tobacco tax, 

insurance tax by changing the day of payment from the 20th day to the last day of the 

calendar month. -- SB1356 HD1 



Choy I, Lee M, Ward G 


Fukunaga C, Kidani M, Kouchi R, Slom S 

SB1357 SD2 HD1 (HSCR 1094) RELATING TO PUBLIC SAFETY. 


Requires the department of public safety to develop a master plan and a time table for 

implementation of the plan that provides for returning Hawaii inmates housed in mainland 

correctional facilities; increasing the inmate capacity of state correctional facilities and 

providing interventional, educational, and rehabilitative services. Requires the 

department to consult with appropriate stakeholders, including community based service 

organizations, rehabilitative or counseling service entities, parties interested in a public 

private partnership to provide funding for capital improvements, county departments and 

agencies, and other state departments and agencies. Report to the legislature. -- 

SB1357 HD1 



SB1358 SD2 HD2 (HSCR 1504) RELATING TO PUBLIC SAFETY. 

Introduced by: Espero W, Baker R, Ryan P, Kidani M 

Requires the department of public safety to formulate a plan to reopen the Kulani 

correctional facility and include an implementation process to transfer back incarcerated 

person and to house new inmates with the emphasis on providing sex offender treatment 

rehabilitation services. Requires the department of defense to cooperate with the 

department of public safety. Requires the department of public safety to staff Kulani 

correctional facility with former employees and bring back any and all employees who 

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March 8, 2012 50


may have been bumped, terminated, or accepted employment elsewhere. Report to the 

legislature. -- SB1358 HD2 



Cullen T -- Chang J, Fontaine G, Hanohano F, Tsuji C 


Ige D -- Kahele G, Slom S 

SB1360 SD1 HD2 (HSCR 1535) RELATING TO COMMUNITY CARE FOSTER FAMILY HOMES. 

Introduced by: Espero W, Green J, Chun Oakland S 

Amends provisions relating to definitions under the department of human services law. 

Redefines community care foster family home or home to include a home that has been 

certified and in operation for not less than 1 year; require that the primary caregiver is a 

certified nurse aide who has completed a state approved training program and other 

training as required by the department including a minimum of 24 hours of continuing 

education every 2 years and the substitute caregiver is a nurse aide who has completed 

a minimum of 16 hours of continuing education every 2 years. Requires any community 

care foster family home to ensure that current and made available for inspection by the 

department and clients a certificate of approval; licenses for case managers and a list of 

case managers' names; certifications for nurse aides if applicable. -- SB1360 HD2 



Lee M -- Hashem M, Pine K 


Oakland S -- Ihara L, Slom S 

SB1361 SD1 (SSCR 480) RELATING TO COMMUNITY CARE FOSTER FAMILY HOMES. 

Introduced by: Espero W, Chun Oakland S 


Redefines community care foster family home or home to include a home for a 3rd adult 

who is at the nursing facility level of care and a Medicaid recipient that has been certified 

and in operation for not less than 1 year. -- SB1361 SD1 


Mar-10 11 Multiple Referral to HUS then FIN 

SB1363 SD2 HD2 (HSCR 1584) RELATING TO ENVIRONMENTAL PROTECTION. 

Introduced by: Gabbard M, Shimabukuro M 

Establishes provisions relating to single use checkout bag; fee under the solid waste 

pollution law. Beginning January 1, 2012, requires businesses to charge and collect a fee 

of 10 cents for each single use checkout bag that is provided to customers. Requires 

each business subject to the requirement to remit to the department of health the fees 

collected during the immediately preceding month. Further requires business with late 

or underpaid fees be subject to penalties and interest. Establishes provisions relating to 

violation. Provides that violations are subject to a fine of not less than 1,000 dollars. 

Establishes provisions relating to preemption. Exempts any county ordinance regulating 

single use checkout base in effect prior to the effective date and preempt the powers of 

any county to regulate the use of single use checkout bags. Requires the director of the 

department of health to adopt rules. Repealed on June 30, 2012 (sunset). -- SB1363 

HD2 



McKelvey A, Oshiro M -- Chong P, Hashem M, Thielen C, 

Tokioka J 


M, Fukunaga C, Ige D, Baker R -- English J, Kouchi R 


Introduced by: Kidani M, Tokuda J, Dela Cruz D 

Amends provisions relating to school year; instructional time. Requires multi track 

schools to implement a school year of no less than either 171 days or 90 per cent of the 

number of days required in other public schools and shall meet the instructional hours 

requirement. Amends Act 167, session laws of 2010. -- SB1375 HD1 



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March 8, 2012 51


SB1381 RELATING TO THE HAWAII HEALTH AUTHORITY. 

Introduced by: Taniguchi B (BR) 

Amends provisions relating to Hawaii health authority; duties and responsibilities. 

Extends the deadline for the authority to submit a comprehensive health plan for all 

individuals in the State to 2012. Report to the legislature. -- SB1381 




Introduced by: Tokuda J, Kidani M, Dela Cruz D, Chun Oakland S 

Establishes a federal higher education compliance and educational personnel licensure 

and certification task force attached to the university of Hawaii to examine the Higher 

Education Act of 1965 and to examine existing functions relating to the licensing or 

authorization of any educational institution in the State. Reports to the legislature. Task 

force shall cease to exist on June 30, 2013 (sunset). Requires the legislative reference 

bureau to assist the task force. -- SB1382 HD1 



S, Takumi R, Yamashita K, Tokioka J -- Belatti D, Johanson A, 

Nakashima M 




Introduced by: Tokuda J, Kidani M, Chun Oakland S, Dela Cruz D 

Establishes provisions relating to entrance to 1st grade; assessment. Requires a child 

between 4 and 6 years of age on or before August 1 of the school year who has attended 

a kindergarten program to be assessed by a qualified teacher with an early childhood 

education background to certify that the child is prepared to enter the 1st grade. 

Requires assessments by a private kindergarten program shall be certified by the Hawaii 

Association of Independent Schools or the early learning council prior to a child's 

entrance to the 1st grade. Provides that as a prerequisite to entering 1st grade, a child 

who will be at least 5 years of age on or before August 1 of the school year who did not 

attend any type of kindergarten program shall be assessed by qualified department of 

education personnel to ensure the child is prepared to enter the 1st grade. Further 

provides that based on the results of the assessment, the child shall be placed in the 

academically appropriate grade. -- Amends provisions relating to junior kindergartens and 

kindergarten programs. Allows junior kindergarten students to graduate directly to 1st 

grade. -- SB1384 SD2 



SB1385 SD2 HD2 (HSCR 1521) RELATING TO PUBLIC SCHOOL LANDS. 

Introduced by: Tokuda J, Kidani M, Chun Oakland S, Dela Cruz D 

Establishes provisions relating to the lease of lands under the control of the board of 

education. Allows the department with the approval of the board to lease public school 

land to a lessee who shall be required to construct workforce rental housing units. Allows 

the board to require the lessee to construct a new public school or substantially remodel 

existing schools at no cost to the board, department, and state. Establishes the school 

facilities special fund. Establishes the school facilities advisory board with the 

department to identify excess and underused school lands, develop a strategic plan and 

implementation schedule for the redevelopment of school lands, prepare development 

plans for school sites, and recommend the issuance of special purpose revenue bonds 

to loan or apply bond proceeds in accordance with the redevelopment projects approved 

by the department. Report to the legislature. -- SB1385 HD2 



Chang J, Oshiro M -- Belatti D, Har S, Johanson A 


Dela Cruz D, Ige D -- none 

SB1393 SD2 HD2 (HSCR 1554) RELATING TO AGRICULTURE. 

Introduced by: Dela Cruz D, Ryan P, Chun Oakland S, Nishihara C, Kidani M 

Establishes provisions relating to dams and reservoirs. Requires all dams and related 

reservoir areas designated as important agricultural lands to be eligible for inclusion in 

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March 8, 2012 52


the total acreage calculation for important agricultural lands and shall qualify for 

incentives pursuant to important agricultural land, farm dwellings and employee housing, 

provided that dams and reservoirs provide irrigation water to agricultural lands the 

majority of which are important agricultural lands and shall not be included in the total 

acreage calculation for a petition for declaratory order to designate important agricultural 

lands in combination with the reclassification of agricultural lands to the rural, urban, or 

conservation district. -- SB1393 HD2 



Chang J, Hashem M -- Awana K, Brower T, Riviere G 


D, Ige D -- Kouchi R, Slom S, Solomon M 

SB1426 SD2 (SSCR 678) RELATING TO PUBLIC FUNDS. 


Requires the city and county of Honolulu to return ____ million dollars of the revenues 

transferred to them pursuant to the county surcharge on state tax. -- Amends Act 247, 

session laws of 2005. Extends the sunset date to December 31, 2024. -- Authorizes the 

issuance of general obligation bonds for appropriation to the department of budget and 

finance to be transferred to the city and county of Honolulu to replace tax revenues that 

were returned. -- Amends provisions relating to the county surcharge on state tax; 

disposition of proceeds. Allows the director of finance to make payments from available 

sources other than the remaining balance after deducting costs of assessment and 

collection. -- Amends Act 226, session laws of 2008, as amended by Act 11, session laws 

of 2009. ($$) -- SB1426 SD2 



SB1443 SD2 (SSCR 519) RELATING TO IMPORTANT AGRICULTURAL LANDS. 

Introduced by: Nishihara C 

Establishes provisions relating to important agricultural lands. Requires the board of 

agriculture to determine which incentives or uses for important agricultural lands are 

available. -- Amends provisions relating to department of land and natural resources. 

Repeals the transfer of public lands from the department of natural resources to the 

department of agriculture. -- Amends provisions relating to important agricultural lands; 

public lands. Requires by June 30, 2012 the department of agriculture and the 

department of land and natural resources to identify and map by tax key qualified 

encumbered and unencumbered public lands to be considered for transfer from the 

department of land and natural resources to the department of agriculture. Requires that 

by June 30, 2013 that at least 50 per cent of the parcels of public lands qualified for 

transfer from the department of land and natural resources to the department of 

agriculture shall be transferred, and that the remainder will be transferred no later than 

June 30, 2014. Requires upon transfer that the department of agriculture with the 

approval of the board of agriculture will designate uses of the agricultural lands. -- 

Amends provisions relating to periodic review and amendment of important agricultural 

lands maps. Exempts maps of important agricultural lands created by transfer from the 

department of natural resources to the department of agriculture. -- SB1443 SD2 


Mar-10 11 Multiple Referral to AGR/ WLO/ then FIN 

SB1451 SD1 (SSCR 557) RELATING TO FARM TO SCHOOL MONTH. 

Introduced by: Kim D (BR) 

Establishes provisions relating to the farm to school month. Requires October to be 

known and designated farm to school month in Hawaii, but not be construed as a state 

holiday. -- SB1451 SD1 


Mar-10 11 Multiple Referral to AGR then HLT 

SB1453 SD2 HD1 (HSCR 977) RELATING TO PRESCRIPTION MEDICATIONS. 

Introduced by: Baker R, Chun Oakland S, Green J, Shimabukuro M 

Establishes a prescription medication prior authorization working group. Requires the 

working group to conduct research, assess and evaluate policies for a standardized and 

expeditious policy for use by health care and insurance providers to obtain prior 

authorization for prescription medications and make recommendations to the legislature 

based on best practices. Report to the legislature. Requires the Healthcare Association 

LRB Systems 

March 8, 2012 53


of Hawaii to convene the working group and provide the meeting space and support 

necessary to facilitate discussion and prohibits participation. Working group to cease to 

exist on December 31, 2012 (sunset). -- SB1453 HD1 




Introduced by: English J, Green J, Ryan P, Kidani M, Dela Cruz D, Nishihara C, Kahele 

G, Galuteria B, Tokuda J, Shimabukuro M, Solomon M, Wakai G, Kim D, Chun Oakland 

S 

Establishes a medical marijuana distribution pilot program within the department of public 

safety. Requires the program to be implemented in ____ County no later than August 

7, 2012. Requires the pilot program to provide a safe and accessible distribution system 

for qualifying patients by requiring qualifying patients to access medical marijuana though 

the compassion center; establishes compassion center license for selling medical 

marijuana; collect form the licensee an initial licensing fee; establish a compassion center 

in ____ county; ensure that all medical marijuana distributed through the distribution 

program is produced by the licensee; ensure that the compassion center provides 

medical marijuana exclusively to qualifying patients and primary care givers, and to other 

non Hawaii qualifying patient holding a temporary registration certificate; prohibit any 

person who has a felony drug conviction or any person convicted of any felony in the 

immediately preceding 10 years from obtaining or renewing a license; prohibit individuals 

who are less than 21 years of age from being a licensee or an employee or director of 

the licensed facility; establish inspection criteria for the business premises of the licensed 

facility; require the licensee to submit annual reports; ensure that the licensee is 

permitted to possess sufficient medical marijuana or marijuana plants to reasonable 

guarantee an adequate supply; establish security procedures to monitor medical 

marijuana; established procedures to allow out of state visitors who are qualifying 

patients or primary caregivers in their home state to obtain a temporary registration 

certificate valid for the length of time of the visit, upon payment of a 10,000 dollars 

administrative fee; and prohibit medical marijuana from being transported out of the ____ 

county. Defines adequate supply to mean an amount of marijuana jointly possessed by 

the qualifying patient and a compassion center that is not more than is reasonably 

necessary to assure the uninterrupted availability of marijuana for the purpose of 

alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; 

provided that adequate supply not exceed 7 marijuana plants and 6 ounces of usable 

marijuana per compassion center, per qualifying patient, per 14 day period; and 7 

marijuana plants and 2 ounces of usable marijuana per each plant for a qualifying patient. 

Prohibits a business or nonprofit entity to cultivate, distribute, manufacture, or sell 

marijuana for medical use or manufacture medical marijuana infused product without a 

compassion center license issued by the department of public safety. Allows the 

department to suspend, or revoke any license that is not in compliance. Requires the 

department to assess an annual fee of ____ dollars for the issuance of a medical 

marijuana compassion center licensee and a fee for annual renewal of a license in the 

same amount. Requires all fees collected to be transferred to the county of ____. 

Prohibits medical marijuana and infused product to be used or consumed on any 

business premises of a licensee. Requires the department to conduct criminal history 

record check on each applicant for a license or renewal and on other persons associated 

with the applicant. Requires all sales of medical marijuana sold by the licensee to be 

subject to tax and to be paid to the director of taxation for deposit into the general fund. 

Prohibits licensed facility to be located within 600 yards of any day care facility, 

preschool, or public or private school. Allows the department to convene a task force to 

study and advise on drafting the department rules. Pilot project to cease to exist no later 

than 5 years after the date of implementation (sunset). Annual reports to the legislature. 

-- SB1458 HD3 



Aquino H, Keith-Agaran G, Oshiro M -- Ito K, Riviere G 


Chun Oakland S, Espero W -- English J, Shimabukuro M 

SB1460 SD1 (SSCR 368) RELATING TO MARIJUANA. 

Introduced by: English J, Green J, Ryan P, Kidani M, Solomon M, Dela Cruz D, 

Nishihara C, Galuteria B, Tokuda J, Shimabukuro M, Kahele G, Wakai G, Gabbard M, 

Chun Oakland S 

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March 8, 2012 54


Establishes provisions relating to possession of marijuana (cannabis). Requires 

intentional or knowing possession of 1 ounce or less of marijuana to constitute a civil 

violation subject to a fine not to exceed 100 dollars. Requires civil fines and penalties for 

violation to be deposited into the general fund. Provides that a person commits the 

offense of promoting a detrimental drug in the 2nd or 3rd degree if the quantity is more 

than 1 ounce of marijuana. Amends provisions relating to crime related incidents in 

schools Provides that a conviction for 1 or more civil violations shall not constitute a prior 

offense that would make a conditional discharge unavailable to the defendant. -- SB1460 

SD1 


Mar-10 11 Multiple Referral to HLT/ PBM/ then JUD 


Introduced by: Chun Oakland S, Baker R, Kidani M, Tokuda J, Ihara L, Shimabukuro M, 

Green J, Ige D 

Establishes within the department of human services the Hawaii medicaid modernization 

and innovation task force to be appointed by the governor. Allows the task force to 

develop and implement the Hawaii patient centered health home pilot program. Further 

allows the task force to develop a program that is consumer driven, culturally appropriate, 

and family centered that optimizes access and provides team based, integrated and 

holistic care delivery. Reports to the legislature, governor, the director of health, and the 

director of human services. Task force to cease to exist on June 30, 2013 (sunset). 

Establishes provisions relating to advance health care directive program. Establishes an 

advance health care directive program within the appropriate agency to encourage 

Hawaii residents with advance health care directives to maintain a copy on their person. 

Establishes provisions relating to QUEST reimbursement modifications. Prohibits 

managed care plan or provider offering services under any QUEST program to modify 

reimbursement policies, guidelines, interpretation, or positions adopted by medicaid or 

any agent whether formally or informally, in writing or orally, without providing a 90 day 

prior written notice of change to any affected health care provider. -- SB1468 HD1 




ASSIST BIOENERGY HAWAII, LLC. 

Introduced by: Kahele G 

Authorizes the issuance of special purpose revenue bonds to assist BioEnergy Hawaii, 

LLC, a Hawaii limited liability company, or a partnership in which it is a general partner, 

for the establishment of a cogeneration facility and related energy production facilities. 

Authorizes the issuance of refunding special purpose revenue bonds to refund the 

special purpose revenue bonds. ($$) -- SB1476 SD2 



SB1481 SD1 (SSCR 566) RELATING TO PUBLIC ACCESS. 


Establishes provisions relating to suits by individuals. Provides that any person 

aggrieved by a violation of obstructing access to public property is to have a private right 

of action and may bring a civil action for injunctive relief in the circuit court. Provides that 

the prevailing party be entitled to recover the prevailing party's costs together with 

reasonable attorneys' fees. -- Amends provisions relating to obstructing access to public 

property; penalty. A person commits the offense of obstructing access to public property 

if the person, by action or by having installed a physical, visual, or other impediment. -- 

SB1481 SD1 


Mar-10 11 Multiple Referral to WLO then JUD 


Introduced by: Tokuda J, Kidani M 

Amends provisions relating to schools; opening and closing by adding consolidation. 

Authorizes the department of education to open new schools or close or consolidate 

existing schools. Requires the department to provide notice to the affected school. 

Requires the affected school and its school community council to propose a plan, along 

with the notification of closure and consolidation, for the affected school to avoid closure 

or consolidation. Further requires the plan to include target goals to increase enrollment, 

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March 8, 2012 55


raise additional revenue, or make additional cost reductions from administrative complex 

consolidations. Provides the affected school a maximum of 1 year to come into 

compliance with the plan and avoid closure or consolidation and that if a school achieves 

____ per cent of its target goal within 1 year the school shall be allowed to remain open 

for 12 months on a probationary status. -- SB1487 SD1 



SB1496 SD1 HD1 (HSCR 1146) RELATING TO ENTERPRISE ZONES. 

Introduced by: Espero W, Fukunaga C, Wakai G 

Amends provisions relating to state enterprise zones. Redefines eligible business activity 

to include the development and operation of space exploration and lunar research related 

activities. -- SB1496 HD1 



Choy I -- Evans C, Marumoto B, Nishimoto S 


Fukunaga C, Ige D -- Slom S 

SB1498 SD2 HD1 (HSCR 986) RELATING TO THE SMALL BUSINESS REGULATORY REVIEW BOARD. 

Introduced by: Fukunaga C, Baker R 

Establishes provisions relating to an annual review of rules affected by statutory changes. 

Requires each state agency to submit a report to the small business regulatory review 

board that updates the board on each rule that requires amendments and each new rule 

that requires adoption, due to a change in the applicable law, informs the board of the 

need for and priority status of any rule amendments or new rule requiring adoption, and 

informs the board of the status of each amended or new rule for which adoption is 

pending and the timeline for rule implementation. Directs the governor to work with the 

board to expedite rulemaking action for rules that affect small business and require 

amendment or adoption, due to a change in the applicable law. Requires the board to 

report to the legislature. -- SB1498 HD1 





Amends provisions relating to association of apartment owners registration; fidelity bond. 

Requires each condominium project or association of apartment owners having more 

than 5 apartments to submit data on the number of leasehold units in the condominium 

project or association of apartment owners. -- SB1499 SD1 



SB1500 RELATING TO ANATOMICAL GIFTS. 


Amends provisions relating to rights and duties of procurement organization and others 

under medical and research use of bodies. Requires a person to whom an anatomical 

gift passes to accept or reject the anatomical gift unless the anatomical gift is medically 

unsuitable for transplantation, therapy, research, or education. -- SB1500 




Introduced by: Green J 

Establishes a 2 year childhood obesity pilot program under the department of health. 

Requires the department to work with the Hawaii Primary Care Association to develop 

parameters and implementation guidelines for the program. Require the department to 

select 20 health care providers to participate in the program. Requires each accident 

and health or sickness insurance, mutual benefit society, and fraternal benefit society to 

provide coverage for the treatment of childhood obesity under and during the pilot 

program. Requires the childhood obesity pilot program provider participants to submit 

a joint report detailing their analysis of the operational successes and challenges of the 

program with other findings, recommendations, or proposed legislation to the legislature 

and the department. -- SB1506 HD1 


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March 8, 2012 56



SB1516 SD2 (SSCR 525) RELATING TO HEALTH CARE ADMINISTRATIVE UNIFORMITY. 


Amends provisions relating to exemption of certain cooperative organizations; insurance 

transactions; approved mergers of federally regulated companies; homeless facility and 

program donors and provider agencies. Exempts from the antitrust provisions any 

cooperation, collaboration, or agreement among any accident and health or sickness 

insurer, 3rd party administrator, health care provider or facility, managed care plan, 

government agency to develop and adopt uniform administrative procedures for 

measuring health care quality, prior authorization procedures for health care, or 

methodologies for drug lists based for clinical efficacy based on research based 

guidelines, provided that all accident and health or sickness insurers, 3rd party 

administrators, health care providers or facilities, managed care plans operating within 

the State, and the insurance division of the department of commerce and consumer 

affairs, are provided notice and an opportunity to participate in the cooperation, 

collaboration, or agreement. -- SB1516 SD2 


Mar-10 11 Multiple Referral to HLT then JUD/ CPC/ 

SB1521 SD2 (SSCR 695) RELATING TO AQUATIC RESOURCES. 


Amends provisions relating to university of Hawaii may use land, etc. Allows the 

university of Hawaii the privilege, free of charge, to use the security staff of the 

department of land and natural resources. -- Amends provisions relating to Hawaii marine 

laboratory refuge. Exempts the refuge from obtaining state and county permits, including 

all permits required under coastal zone management, for repair and maintenance of its 

facilities located on the island of Moku o loe (coconut island), Oahu. Act to be repealed 

on July 1, 2016. (sunset) -- SB1521 SD2 


Mar-15 11 Multiple Re referral to WLO then FIN 

SB1522 SD2 HD1 (HSCR 991) RELATING TO DOGS. 


Establishes the large scale dog breeder regulation law. Prohibits person to operate as 

a large scale dog breeder without prior approval of the appropriate county department 

of planning and permitting and license by the department of commerce and consumer 

affairs. Authorizes the director of commerce and consumer affairs to make any 

investigation necessary for compliance with this law. Establishes requirement for 

humane breeding. Establishes civil and criminal penalties. -- SB1522 HD1 



Herkes R, Keith-Agaran G, Choy I -- Marumoto B, Yamane R 


Hee C -- Slom S 



Requires the department of health, the civil defense division of the state department of 

defense, the Healthcare Association of Hawaii's emergency management program, and 

the emergency services department of the respective counties to submit a joint report to 

the legislature on the progress of implementing the statewide emergency dialysis plan. 

Appropriation to the department of health. ($$) -- SB1538 HD1 



SB1549 SD2 HD1 (HSCR 1570) RELATING TO SMALL BOAT HARBORS. 


Amends provisions relating to special improvement district. Exempts the Ala Wai boat 

harbor from the assessment and any special improvement district requirements regarding 

redevelopment. -- Amends provisions relating to the disposition of state boating facility 

properties. Allows ocean recreation as a permissible use. -- Amends provisions relating 

to the purpose and use of state small boat harbors. Repeals provisions prohibiting 

commercial vessels and commercial vessel activities in the Ala Wai. Allows the total 

number of valid commercial use permits that may be issued for vessels assigned 

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March 8, 2012 57


mooring in the Ala Wai boat harbor to be 15 per cent of the total berths and shall not 

exceed 35 per cent of the total berths at the Keehi boat harbor; provided that at the Ala 

Wai boat harbor, vessels issued commercial use permits shall meet certain conditions. 

Requires the department of transportation to allow a sole proprietor of a catamaran 

operating with a valid commercial use permit or existing registration. Amends provisions 

relating to permits and fees for state small boat harbors. Requires that moorage fees for 

commercial maritime activity be established by appraisal by a state licensed appraiser 

approved by the department. Authorizes the department to assess and collect utility 

fees, including electrical and water charges, and common area maintenance fees in small 

boat harbors. Requires the department of land and natural resources to lease certain 

fast lands at the Ala Wai boat harbor using the request for proposals process for the 

public private development, management and operation of areas of Ala Wai boat harbor. 

-- SB1549 HD1 



Har S -- Riviere G, Tokioka J 


D, Kouchi R, Ige D -- Galuteria B, Slom S, Solomon M 



Amends Act 125, session laws of 2008, reducing the period that a teacher can be hired 

on an emergency basis, by repealing the sunset date. -- SB1553 SD1 



SB2001 SD1 (SSCR 2519) RELATING TO THE PUBLIC LAND TRUST. 

Introduced by: Solomon M, Dela Cruz D, Kahele G 

Amends provisions relating to objectives and policies for facility systems--energy. 

Requires the State to promote the development of indigenous renewable energy 

resources that are located on public trust land as an affordable and reliable source of firm 

power for Hawaii, and ensure that the development of indigenous renewable energy 

resources on public trust land directly benefits native Hawaiians and the public 

beneficiaries of the trust. -- SB2001 SD1 


Mar-08 12 Multiple Referral to EEP/ WLO/ then HAW then FIN 

SB2005 SD2 (SSCR 2568) PROPOSING A CONSTITUTIONAL AMENDMENT TO ARTICLE X, SECTION 6, OF 

THE HAWAII STATE CONSTITUTION TO MODIFY THE APPOINTMENT PROCESS 

FOR THE BOARD OF REGENTS OF THE UNIVERSITY OF HAWAII. 

Introduced by: Solomon M, Kahele G, Dela Cruz D 

Proposes to amend the constitution. Repeals provisions that the candidate advisory 

council present candidates to the governor for appointment to the board of regents of the 

university of Hawaii. -- SB2005 SD2 


Mar-08 12 Multiple Referral to HED then JUD then FIN 



Establishes provisions relating to homeowners insurance claims history. Prohibits 

insurers from refusing to issue or renew, or canceling a homeowners insurance contract, 

or establishing rates for coverage based in whole or in part on inquiries made by any 

consumer to an insurer, unless the inquiry provides information not previously disclosed 

by the insured. -- SB2009 SD1 



SB2012 SD1 (SSCR 2411) RELATING TO PUBLIC FUNDS. 

Introduced by: Kidani M, Slom S, Ige D, Ryan P, Chun Oakland S, Espero W, Baker R, 

Wakai G, Fukunaga C, Ihara L, Green J, Hee C, Tsutsui S, Kim D, Galuteria B, Kouchi 

R, Kahele G, Nishihara C, Shimabukuro M, Dela Cruz D, Tokuda J, Gabbard M, Solomon 

M, Taniguchi B 


of education; university of Hawaii; department of accounting and general services; 

department of agriculture; to the department of defense; department of health; 

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March 8, 2012 58


department of human services; department of land and natural resources; department 

of public safety; and the judiciary for repair and maintenance projects. -- Authorizes the 

issuance of general obligation for appropriation to the university of Hawaii for its backlog 

of capital renewal and deferred maintenance projects. Exempts the from the Hawaii 

public procurement code for contracts that are less than 1 million dollars. Exempts 

capital improvement projects which are less than 1 million dollars from county permit, 

license, and certificate requirements. -- Establishes a legislative capital improvements 

program oversight committee to provide oversight of funds appropriated by this Act and 

the implementation of expenditures. Reports to the legislature. Committee to ceases to 

exist on June 30, 2014 (sunset). -- Requires the department of accounting and general 

services to prepare quarterly reports through fiscal year 2013 - 2014, to include the status 

of all appropriations made by this Act, including amounts appropriated, appropriated but 

not allotted, allotted, encumbered, and expended by projects and report to the legislature. 

($$) -- SB2012 SD1 



SB2013 SD1 (SSCR 2424) RELATING TO DENTAL HYGIENISTS. 


Amends provisions relating to who may become dental hygienists; fees. Requires that 

a copy of the currently renewed certificate of license be prominently displayed at all times 

in the office where the dental hygienist is employed or practices. Requires dental 

hygienists who are employed or practice in more than 1 office to have the pocket 

identification card available for viewing upon request. -- SB2013 SD1 



SB2030 SD2 (SSCR 2712) RELATING TO PROCUREMENT. 

Introduced by: Nishihara C, Kahele G 

Amends provisions relating to competitive sealed bidding. Allows the chief procurement 

officer of head of a purchasing agency to allow the scope of work for a listed 

subcontractor to be expanded within 5 working days of bid opening, provided further that 

the listed subcontractor possesses the proper contractor's license to include the 

expanded work, and permit a previously licensed and listed subcontractor whose license 

was suspended or forfeited at bid time to have the subcontractor's license reinstated 

before the award. -- SB2030 SD2 


Mar-08 12 Multiple Referral to ERB then FIN 

SB2035 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO 

ASSIST WAHIAWA GENERAL HOSPITAL. 


Authorizes the issuance of special purpose revenue bonds to assist Wahiawa general 

hospital in financing, refinancing, or reimbursing costs related to the construction of 

health care facilities. Authorizes the issuance of refunding special purpose revenue 

bonds to refund the special purpose revenue bonds. ($$) -- SB2035 



SB2047 SD1 (SSCR 2427) RELATING TO HOUSING. 


Amends provisions relating to housing development; exemption from statutes, 

ordinances, charter provisions, and rules. Changes from 45 to 60 days the time that the 

county has to approve, approve with modification, or disapprove the project by resolution 

after the Hawaii housing finance and development corporation has submitted the 

preliminary plans and specifications for the project to the county. Requires that if the 

project has not been disapproved after 60 days, it shall be deemed approved. -- SB2047 

SD1 


Mar-08 12 Multiple Referral to HSG then JUD 

SB2052 SD1 (SSCR 2475) RELATING TO ELECTIONS. 


Amends provisions relating to a request for an absentee ballot. Requires the chief 

election officer or the clerk in a county to mail an absentee ballot to each registered voter 

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March 8, 2012 59


in an area that has less than 500 registered voters as of the preceding general election 

in an area covered by a unique ballot type, if an election day polling place will not be 

established for such voters. -- SB2052 SD1 



SB2056 RELATING TO THE PENAL CODE. 


Amends provisions relating to terms of probation. Requires that the defendant's 

probation officer is to report to the court concerning the defendant's compliance or 

noncompliance with the conditions of probation prior to the court granting early discharge. 

-- SB2056 



SB2057 SD1 (SSCR 2542) RELATING TO SALARIES. 


Amends Act 85, session laws of 2009, as amended by Act 57, session laws of 2011, by 

extending the 5 per cent salary decrease for the governor, lieutenant governor, justices 

and judges of all state courts, the administrative director of the State or an equivalent 

position, and the department heads or executive officers and the deputies or assistants 

to the department heads or executive officers of certain departments, and members of 

the legislature until June 30, 2013 (sunset), provided that the salary recommendations 

of the 2006 commission on salaries for those positions effective July 1, 2011, shall 

become effective on July 1, 2013. Repeals provisions relating to restoring leaves of 

absence. -- SB2057 SD1 



SB2058 SD1 (SSCR 2066) RELATING TO FELONIES FOR WHICH CRIMINAL CHARGES MAY BE INSTITUTED 

BY WRITTEN INFORMATION. 


Amends provisions relating to felonies for which criminal charges may be instituted by 

written information. Allows a charge upon written information for habitual property crime, 

unauthorized entry in a dwelling in the 2nd degree, theft of copper, and for unauthorized 

entry in a dwelling in the 1st degree. -- SB2058 SD1 


Feb-14 12 Single Referral to JUD 

SB2060 SD2 (SSCR 2589) RELATING TO ACCUSED TO TRANSPORT WITNESS OR WITNESSES. 


Establishes provisions relating to accused to transport witness or witnesses. Permits the 

court, in any criminal matter triable in the family courts, to require the accused to 

transport a witness or witnesses, including a complaining witness or witnesses, to any 

court proceeding under certain circumstances. -- SB2060 SD2 



SB2061 SD1 (SSCR 2078) RELATING TO CRIMINAL PROCEDURE. 


Establishes provisions relating to criminal procedures in the district court and circuit court 

laws. Allows the prosecutor to dismiss a charge and the prosecution terminates. 

Requires the court to dismiss a charge upon motion of the defendant, with or without 

prejudice in its discretion, if trial is not commenced within 6 months. -- SB2061 SD1 


Feb-15 12 Multiple Referral to JUD then FIN 

SB2062 SD1 (SSCR 2064) RELATING TO USE OF FORCE BY PERSONS WITH SPECIAL RESPONSIBILITY 

FOR CARE, DISCIPLINE, OR SAFETY OF OTHERS. 


Amends provisions relating to use of force by persons with special responsibility for care, 

discipline, or safety of others. Provides that the following types of force to be unjustifiable 

where it is likely to cause bodily harm greater than transient pain or minor temporary 

marks including throwing, kicking, burning, biting, cutting, striking with a closed fist, 

shaking a minor under 3 years of age, striking or other actions that result in any 

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March 8, 2012 60


nonaccidental injury to a minor less than 18 months of age, interfering with breathing, 

threatening with a deadly weapon, or striking on the face. -- SB2062 SD1 



SB2070 SD1 (SSCR 2206) RELATING TO THE RESIDENCY OF APPOINTIVE OFFICERS. 


Amends provisions relating to citizenship and residence; exceptions. Provides that the 

1 year residency requirement may be waived by the appointing authority when the 

appointive office is required to have highly specialized or scientific knowledge and 

training and a qualified applicant who is a resident for at least 1 year is not available to 

fill the position. -- SB2070 SD1 


Mar-08 12 Multiple Referral to LAB then JUD then FIN 

SB2071 SD2 (SSCR 2467) RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR COUNTY EMPLOYEES. 


Amends provisions relating to criminal history record checks. Allows the county liquor 

commissions to check on employees and prospective employees involved in liquor 

administration, law enforcement, and liquor control investigations. Allows the counties to 

conduct criminal history record checks on prospective employees who work with 

vulnerable adults or senior citizens in community based programs, for fire department 

positions that involve contact with children or dependent adults, for emergency medical 

services positions that involve contact with children or dependent adults, for emergency 

management positions that involve planning and executing security measures. -- SB2071 

SD2 


Mar-08 12 Multiple Referral to LAB then JUD then FIN 


Introduced by: Green J, Chun Oakland S, Baker R, Espero W 


share hospital allowance allocated to the State. ($$) -- SB2083 SD1 



SB2084 SD1 (SSCR 2183) RELATING TO HEALTH INSURANCE. 

Introduced by: Green J, Baker R, Espero W 


law, and the health maintenance organizations act (HMOs) by prohibiting insurers to 

require an insured person over the age of 40 to obtain a referral from a primary care 

provider or other physician for an annual screening mammogram. Provides that if the 

screening mammogram indicates that follow up services are advisable, a referral shall 

be made to the patient's primary care physician or other physician, as designated by the 

patient. -- SB2084 SD1 





Amends the accident and health or sickness insurance contracts law and benefit 

societies law by allowing lower copayment for all medically necessary chemotherapy, 

including orally administered chemotherapy, as is applied to intravenously administered 

chemotherapy and requires that provision apply equally to generic and nongeneric 

medications. -- Amends provisions relating to chemotherapy services un benefit societies 

law by prohibiting individual and group hospital and medical service plan contracts from 

increasing enrollee cost sharing for nongeneric cancer medications to any greater extent 

than the contract provides for an increase in enrollee cost sharing for other nongeneric 

covered medications. -- SB2087 SD2 



SB2088 RELATING TO MEDICAID. 


Establishes provisions relating to Medicaid program. Requires the department of human 

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March 8, 2012 61


services to notify the standing committees of the state senate and state house of 

representatives with primary responsibility for Medicaid issues about any intended 

change to Hawaii's Medicaid program. Allows the state senate or state house of 

representatives to hold a hearing on any intended change to the Medicaid program or 

any proposed state plan amendment. Further allows the legislature to prohibit the 

department from making any intended change to the Medicaid program or require the 

department to withdraw any proposed state plan amendment that has been submitted 

to the Centers for Medicare and Medicaid Services. Allows the legislature to require the 

department to submit a Medicaid state plan amendment or to make any other change to 

the program. -- SB2088 


Mar-08 12 Multiple Referral to HUS/ HLT/ then LMG then FIN 

SB2089 SD1 (SSCR 2687) RELATING TO TRANSIENT ACCOMMODATIONS. 


Establishes provisions relating to nonresident owner; transient accommodations. 

Requires nonresident owner who operates a transient accommodation located in the 

nonresident owner's private residence including a condominium, apartment, or 

townhouse, to employ a real estate broker or salesperson licensed under the real estate 

brokers and salespersons law. Requires nonresident owner who operates a transient 

accommodation located in the nonresident owner's private residence condominium hotel 

to employ a condominium hotel operator. Further requires the nonresident owner to 

furnish the name, address, and contact information of the real estate broker or 

salesperson or condominium hotel operator to any association of homeowners, 

community association, condominium association, cooperative, or any other 

nongovernmental entity with covenants, bylaws, and administrative provisions with which 

the owner's compliance is required. Requires persons authorized to collect rent to be 

subject to filling requirements with the department of taxation under the general excise 

tax or transient accommodations tax laws respectively. Establishes fines. Requires 

counties to provide the department of taxation with relevant information about owners of 

real property that is permitted as a transient accommodation by the respective county. 

Requires advertisements for every transient accommodation to include the name and 

phone number of a local point of contact for each accommodation. Establishes fine. -- 

SB2089 SD1 


Mar-08 12 Multiple Referral to TOU then CPC/ JUD/ then FIN 



Establishes provisions relating to Medicaid; presumptive eligibility for waitlisted patients. 

Requires the department of human services to presume that a waitlisted patient applying 

for Medicaid is eligible for coverage; provided that the applicant is able to show proof, 

and if the waitlisted patient is later determined to be ineligible for Medicaid after receiving 

services during the presumptive eligibility period requires the department to disenroll the 

waitlisted patient and notify the provider and the plan, if applicable, of disenrollment by 

facsimile transmission or e mail. Requires the department to reimburse the provider or 

the plan for the time during which the waitlisted patient was enrolled. Report to the 

legislature. Appropriation. Act to be repealed on July 1, 2017 (sunset). ($$) -- SB2092 

SD2 





Establishes provisions relating to Medicaid reimbursements under department of human 

services law. Requires Medicaid reimbursements to hospitals for patients occupying 

acute care licensed beds who are on a waitlist for long term care to be at least equal to 

the rate paid for acute care services. Requires Medicaid reimbursements to facilities with 

long term care beds for patients with medically complex conditions who prior to 

admission to the facility were receiving acute care services in an acute care hospital to 

be at least equal to the rate for subacute care. Appropriation for increased Medicaid 

reimbursement. ($$) -- SB2093 SD2 



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March 8, 2012 62


SB2095 SD2 (SSCR 2698) RELATING TO THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 


Appropriation to the department of human services to sufficiently respond to and carry 

out the requirements of the US department of agriculture's mandate to amend 

supplemental nutrition assistance program eligibility requirements. ($$) -- SB2095 SD2 



SB2098 SD1 (SSCR 2573) RELATING TO PRIVACY OF HEALTH CARE INFORMATION. 

Introduced by: Green J, Baker R, Chun Oakland S, Espero W 

Establishes the health care privacy harmonization act law. Requires that any use or 

disclosure of individually identifiable health information by any covered entity or business 

associate that complies with 45 Code of Federal Regulations Part 164, Subpart E, shall 

be deemed to comply with all state laws relating to the use, disclosure, or confidentiality 

of health information. Requires that an authorization to release individually identifiable 

health information that complies with 45 Code of Federal Regulations section 164.508 

shall be deemed to comply with all state laws relating to individual authorization. 

Requires that any notice of breach of unsecured protected health information that 

complies with 45 Code of Federal Regulations Part 164, Subpart D, shall be deemed to 

comply with all state laws and rules relating to notice of breach of protected health 

information. -- SB2098 SD1 


Mar-08 12 Multiple Referral to HLT then CPC/ JUD/ 

SB2101 SD1 (SSCR 2585) RELATING TO THE TRICARE PROGRAM. 

Introduced by: Green J, Baker R, Chun Oakland S, Espero W 

Amends Act 70, session laws of 2009, providing a general excise tax exemption for 

amounts received by a managed care support contractor of the TRICARE program by 

repealing the sunset date of December 31, 2013. -- SB2101 SD1 


Mar-08 12 Multiple Referral to HLT then PBM then FIN 



Amends provisions relating to definitions under nurses law. Redefines the practice of 

nursing as a licensed practical nurse and redefines the practice of nursing as a registered 

nurse to include the orders of a licensed physician assistant, practicing with required 

physician supervision, and acting as the agent of the supervising physician. -- SB2103 

SD2 




Introduced by: Green J, Chun Oakland S 

Requires the director of health to convene a mental health and substance abuse parity 

working group and allows the director to work with any other department to carry out the 

purpose of the act. Requires the working group to review special reports, and updates 

to the special reports that provide an analysis of the Paul Wellstone and Pete Domenici 

mental Health Parity and Addiction Equity Act of 2008 and relevant interim final rules; 

review the provisions in the national health care reform laws and regulation that affect 

behavioral health care; determine the state's role and responsibilities in implementing the 

Mental Health Parity and Addiction Equity Act of 2008; and examine and make 

recommendations regarding the addition or enhancement of various components of the 

State's mental health and substance abuse parity laws. Requires the legislative 

reference bureau to assist the working group in drafting any appropriate legislation. 

Report to the legislature. Working group to cease to exist on June 30, 2014 (sunset). -- 

Establishes provisions relating to parity treatment for alcohol or drug dependency under 

mental health and alcohol and drug abuse treatment insurance benefits law. Requires 

unless greater benefits are required under law for alcohol and substance abuse services 

and benefits, that services and benefits provided by specified health insurance plans be 

equal to and co extensive with health insurance coverage for physical disease and 

illnesses; provided that nothing in this new requirement shall require the health insurance 

plan to provide residential treatment benefits except as it may provide for physical 

disease and illnesses and in accordance with an approved treatment plan by the health 

plan provider. Exempts new requirement from the impact assessment report by the 

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legislative auditor under provisions relating to proposed mandatory health insurance 

coverage; impact assessment report, under social and financial assessment of proposed 

mandatory health insurance coverage law. -- Requires that the treatment of drug and 

alcohol dependency provided under medical plans participating in QUEST and QUEST 

Expanded Access (QExA) be equal to and co extensive with QUEST and QExA coverage 

for physical disease and illnesses; provided that nothing in this new requirement shall 

require QUEST and QExA to provide residential treatment benefits except as it may 

provide for physical disease and illnesses. -- SB2105 SD2 





Amends accident and health or sickness insurance contracts law, benefit societies law, 

and the health maintenance organizations act (HMOs) to require coverage for outpatient 

prescription drugs. -- SB2106 SD2 



SB2108 SD1 (SSCR 2163) RELATING TO TELECOMMUNICATIONS. 


Amends provisions relating to retail intrastate services, fully competitive. Limits 

prohibition on charging a higher rate for retail telecommunications service to retail 

telecommunications basic exchange service. -- SB2108 SD1 


Mar-08 12 Single Referral to CPC 

SB2110 SD1 (SSCR 2603) RELATING TO THE PRESERVATION OF HAWAII'S MOVING IMAGES. 

Introduced by: Espero W, Gabbard M, Ige D, Fukunaga C, Ihara L, Baker R, Tsutsui S, 

Tokuda J 

Establishes provisions relating to 'Ulu'ulu (Ulu ulu) : the Henry Ku'ualoha (Kuualoha) 

Giugni Moving Image Archive of Hawaii. Designates as the official state archive moving 

image. Establishes the Ulu ulu: the Henry Kuualoha Giugni Moving Image Archive of 

Hawaii special fund to be administered by the university of Hawaii to support the archive's 

activities. -- SB2110 SD1 



SB2111 SD2 (SSCR 2688) RELATING TO FILM AND DIGITAL MEDIA INDUSTRY DEVELOPMENT. 

Introduced by: Fukunaga C, Galuteria B, Baker R, Espero W, Ihara L, Tokuda J, Ryan 

P, Ige D, Nishihara C, Tsutsui S 

Establishes provisions relating to the Hawaii film and digital media special fund. Provides 

that the fund shall receive appropriations from the legislature; donations and 

contributions; grants by governmental agencies; fees collected from the motion picture, 

digital media, and film production income tax credit; and payments of a percentage of the 

total aggregate wages and salaries paid to legal residents of this state. Requires the 

fund to be used for the operation of the film and digital media program; development 

projects; and internships, apprenticeships, and training programs that expand the skill set 

of Hawaii's workforce and the film and digital industry. -- Amends provisions relating to 

the motion picture, digital media, and film production income tax credit. Provides an 

additional income tax credit of ____ per cent of the qualified production costs paid to 

legal residents of this State and to Hawaii vendors and Hawaii suppliers. Allows a 

taxpayer to assign tax credits to any assignee who may subsequently assign a tax credit 

to 1 or more assignees. Provides an expenditure amount for a qualified digital media 

project or qualified independent and emerging media project. Increases the total tax 

credits that can be claimed per qualified production. Allows tax credit for a qualified 

digital media project or qualified independent and emerging media project. Requires 

marketing materials promoting the State as a tourist destination or film and digital media 

production destination. Provides that for digital media project or an independent 

emerging media project at least 50 per cent of the positions that make up the production 

cast and below the line production crew are filled by legal residents of this State or 

students enrolled in a film and entertainment related course of study at an institution of 

higher education in the State. Further provides that beginning January 1, 2016, the 

percentage of positions in the production cast and below the line production crew shall 

be set at levels certified by the State as reflecting an appropriate workforce requirement. 

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Authorizes the department of businesses, economic development, and tourism to 

establish a fee to process the taxpayer letter. Changes the maximum total credits 

allowed to be claimed per qualified production. Authorizes the director of taxation to 

revoke or modify any eligibility for tax credits. Requires the department of business, 

economic development, and tourism to annually report to the legislature and the governor 

on the return on investment and economic benefits for the tax credit. Redefines qualified 

production to include creation of related content for distribution via the Internet, wireless 

transmission. -- Provides a motion picture, digital media, and film production 

infrastructure income tax credit. -- Amends Act 88 session laws of 2006, by repealing the 

sunset date. Appropriation to the department of business, economic development, and 

tourism and the department of accounting and general services for resource and staffing 

support for the office of information management and technology for resource and 

staffing support to assist state agencies in collecting and reporting annually on estimates 

of the full time equivalent positions for legal Hawaii residents by each production 

receiving tax credits, aggregate wages and salaries paid to Hawaii residents and 

distribution of productions receiving credits, by county and type of production. Act to be 

repealed on January 1, 2027 (sunset). ($$) -- SB2111 SD2 



SB2112 SD1 (SSCR 2577) RELATING TO LEASEHOLD CONVERSION. 

Introduced by: Fukunaga C, Baker R, Espero W 

Amends Act 166, session laws of 2007, providing an income tax deduction of 100 per 

cent of the income derived by a fee simple owner from the sale of a leased fee interest 

in units within a condominium project, cooperative project, or planned unit development 

to the association of apartment owners or the residential cooperative corporation of the 

leasehold units by extending the sunset date to January 1, 2018. -- SB2112 SD1 


Mar-08 12 Multiple Referral to HSG then FIN 

SB2114 SD1 (SSCR 2673) RELATING TO THE TRANSIENT ACCOMMODATIONS TAX. 

Introduced by: Kim D 

Amends provisions relating to the transient accommodations tax. Amends the allocation 

to the convention center enterprise special fund to be for each calendar month of each 

fiscal year. Allows the Hawaii tourism authority to expend excess of any unencumbered 

reserve remaining in the convention center enterprise special fund for repair and 

maintenance projects of the Hawaii convention center. -- SB2114 SD1 


Mar-08 12 Multiple Referral to TOU then FIN 

SB2115 SD2 (SSCR 2750) RELATING TO CHARTER SCHOOLS. 

Introduced by: Tokuda J, Kidani M, Galuteria B, Tsutsui S, Ige D, Fukunaga C, Wakai 

G, Kahele G, Chun Oakland S, English J, Gabbard M, Espero W, Baker R, Kim D, Ryan 

P 

Repeals the private charter schools laws and replaces with the public charter schools 

law. -- SB2115 SD2 



SB2116 SD2 (SSCR 2699) RELATING TO CHARTER SCHOOLS. 

Introduced by: Tokuda J, Kidani M, Galuteria B, Tsutsui S, Ige D, English J, Fukunaga 

C, Wakai G, Espero W, Gabbard M, Chun Oakland S, Kahele G, Baker R, Ryan P 

Requires the board of education in consultation with national organizations to contract 

for an implementation and transition coordinator to assist with the implementation of the 

recommendations of the charter school governance, accountability, and authority task 

force and to transition from the current charter school system to a new charter school 

system. Exempts the contracting of the coordinator from the Hawaii public procurement 

code. Appropriation. ($$) -- SB2116 SD2 





Appropriation to the department of human services to increase payments for physician 

services for the care of medicaid eligible persons, fee for service, QUEST physician 

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services, and the QUEST expanded care program. Report to the legislature. ($$) -- 

SB2120 SD1 



SB2121 SD1 (SSCR 2260) RELATING TO MENTAL HEALTH. 


Amends provisions relating to emergency examination and hospitalization. Allows any 

interested person with a clear and abiding interest in the well being of a person to file a 

petition for emergency admission alleging that the person meets the criteria for 

commitment to a psychiatric facility. Requires the petitioner to appear before a judge in 

the county where the subject of the petition is located. Requires the judge to conduct an 

ex parte hearing to determine if there is probable cause, and upon finding probable cause 

that the subject is mentally ill or suffering from substance abuse, is dangerous to self or 

others, is gravely disabled, or is obviously ill, and in need of treatment, requires the judge 

to direct a law enforcement officer or other suitable individual to take the person into 

custody and deliver the person to the nearest facility designated by the director of health 

for emergency examination and treatment. Allows the court to appoint a guardian ad 

litem at any stage of the proceedings. Changes the provision allowing a psychiatrist or 

psychologist to further examine a patient to requiring a psychiatrist or psychologist at the 

licensed psychiatric facility to do an independent examination if the licensed physician, 

physician assistant, or psychologist who directed transportation of a person to the facility 

is not an employee or agent of the facility. Changes various references related to 

involuntary hospitalization and treatment in mental health, mental illness, drug addiction, 

and alcoholism law, from imminently dangerous to self or others, to dangerous to self or 

others. -- SB2121 SD1 


Mar-08 12 Multiple Referral to HLT/ HUS/ then JUD then FIN 

SB2123 SD2 (SSCR 2650) RELATING TO HUMAN TRAFFICKING. 

Introduced by: Chun Oakland S, Espero W, Kidani M, Dela Cruz D 

Establishes a working group within the department of the attorney general to develop a 

comprehensive state plan to coordinate services for survivors of human trafficking. 

Requires the working group to create a state plan on the coordination of services for 

survivors of human trafficking focusing on the coordination of services for survivors of 

human trafficking. Report to the legislature. Working group to dissolve on June 30, 2014 



Mar-08 12 Multiple Referral to HUS/ LAB/ then JUD then FIN 

SB2126 SD2 (SSCR 2653) RELATING TO HEALTH CARE. 

Introduced by: Chun Oakland S, Green J, Espero W 

Establishes provisions relating to home and community based case management 

agencies and community care foster family homes under department of health law. 

Requires the department to license any person, agency, or organization engaged in 

providing, coordinating, or monitoring comprehensive services to clients in community 

care foster family homes, or medicaid clients in expanded adult residential care homes, 

and assisted living facilities. Requires any person or household who wants to take in, for 

a fee, any adult who is at the nursing facility level of care to obtain a certificate of 

approval from the department. Requires the department to do criminal history checks 

and adult abuse perpetrator checks. Establishes penalty. -- Repeals provisions related 

to home and community based case management agencies and community care foster 

family homes under department of human services law. -- Transfers employees, 

equipment and property, contracts and other agreements, and funds from the department 

of human services to the department of health. Appropriation. ($$) -- SB2126 SD2 



SB2145 SD2 (SSCR 2701) RELATING TO MENTAL HEALTH. 


Amends provisions relating to mental health, mental illness, drug addiction, and 

alcoholism law. Requires any uninsured person with a qualifying diagnosis to be eligible 

for services provided by the adult mental health division of the department of health. -- 

Amends provisions relating to fees; payment of expenses for treatment services. Allows 

the department of health to bill an insurer and requires the department to be eligible to 

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receive reimbursement for treatment services rendered by the State. Appropriation. -- 

Amends provisions related to coordination of services with department of education 

under mental health services for children and youth law. Requires the department and 

the department of education to create an individualized education plan or modification 

plan for children and youth with challenging behaviors who may suffer from mental and 

emotional disorders, and provides that all children and youth, ages 3 to 21, shall be 

eligible for an individualized education plan or modification plan to receive mental health 

services, regardless of school enrollment status. ($$) -- SB2145 SD2 



SB2158 RELATING TO BAIL. 


Amends provisions relating to release after bail by adding procedure when court closed. 

Requires the prisoner to be discharged promptly from custody or imprisonment when bail 

is offered and taken. Provides that when the court with jurisdiction is closed, including 

nights, weekends, and holidays, a law enforcement agency having custody of a person 

is to accept cash bail or bail bond. -- SB2158 




Introduced by: Chun Oakland S (BR) 

Establishes the health insurance waste, fraud, and abuse task force to be chaired by the 

director of human services. Requires the task force to develop strategies, and plan and 

coordinate efforts to detect and prevent fraud and abuse before payments of illegitimate 

claims are made under the medicaid programs, including the medicaid managed care 

and children's health insurance programs. Prohibits any member on the basis of 

membership on the task force from being made subject to standards of conduct law. 

Report to the legislature. Task force to be dissolved on July 1, 2013 (sunset). -- SB2166 

SD2 



SB2167 SD1 (SSCR 2481) RELATING TO PROFESSIONS AND VOCATIONS. 


Amends provisions under professional engineers, architects, surveyors and landscape 

architects. Defines land surveying and professional surveyor. Redefines landscape 

architect to include a person who does perform professional services. Repeals the 

definitions of surveyor and land surveyor. -- SB2167 SD1 


Mar-08 12 Multiple Referral to ERB then CPC 



Amends provisions relating to unauthorized insurers and surplus lines. Requires the 

insurance commissioner to enter into the surplus lines insurance multi state compliance 

compact adopted by the national conference of insurance legislators, known as 

SLIMPACT. Establishes provisions relating to surplus lines insurance multi state 

compliance compact. -- SB2168 SD2 



SB2169 RELATING TO FUNDS. 


Amendment relating to funds. -- SB2169 


Mar-08 12 Multiple Referral to LMG then FIN 

SB2175 SD1 (SSCR 2522) RELATING TO HAWAIIAN LANGUAGE. 


Establishes provisions relating to Olelo Hawaii month. Designates the month of February 

to be known and designated as Olelo Hawaii month to celebrate and encourage the use 

of Hawaiian language, not a state holiday. -- Amends provisions relating to the Hawaiian 

language; spelling. Requires beginning January 1, 2013, all documents and letterhead 

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prepared by or for state or county agencies or offices to include accurate, appropriate, 

and authentic Hawaiian names and words, including proper Hawaiian spelling and 

punctuation, including, but not limited to macrons and glottal stops that punctuate the 

English word which they relate, provided that any revision to conform any document or 

letterhead existing on or before January 1, 2013 to the requirements of this section may 

be implemented when the document or letterhead requires replacement or reprinting, or 

otherwise requires revision. -- Amends provisions relating to State language. Requires 

beginning January 1, 2013 the Hawaiian languages is to be used on all emblems and 

symbols representative of the State provided that for emblems and symbols existing on 

January 1, 2013 conformance with this section may be delayed until a replacement for 

the emblem or symbol is required. -- SB2175 SD1 


Mar-08 12 Multiple Referral to HAW then JUD then FIN 

SB2178 SD2 (SSCR 2718) RELATING TO HUMAN SERVICES. 


Requires the department of human services to conduct a study on asset limits for public 

assistance programs to include an evaluation of current asset limits, information on 

promising activities, policies, and trends, and the effects of changing the asset limits on 

the supplemental nutritional assistance program, temporary assistance for needy families 

program (TANF), temporary assistance for other needy families program, and Med 

QUEST program. Report to the legislature. -- SB2178 SD2 



SB2179 SD1 (SSCR 2719) RELATING TO THE FEDERAL EARNED INCOME TAX CREDIT. 


Establishes provisions relating to outreach for earned income tax credit. Requires the 

department of taxation to coordinate an outreach initiative to ensure that the maximum 

number of eligible families apply for and receive the federal earned income tax credit. 

Allows the department to contract with a nonprofit agency. Appropriation. ($$) -- SB2179 

SD1 



SB2182 RELATING TO THE CENTER FOR NURSING. 

Introduced by: Baker R, Chun Oakland S, Kidani M, Shimabukuro M, Green J, Tsutsui 

S, Tokuda J 


by repealing the sunset date for the center for nursing fee and the requirement that the 

director of commerce and consumer affairs disburse the funds from the fee in an account 

in the compliance resolution fund to the credit of the center for nursing special fund. -- 

SB2182 


Mar-08 12 Multiple Referral to HLT then HED then FIN 

SB2184 RELATING TO PRIVATE TRANSFER FEES. 

Introduced by: Baker R, Espero W 

Amends Act 169, session laws of 2010, relating to prohibition of transfer fees by 

repealing the sunset date. -- SB2184 


Mar-08 12 Multiple Referral to WLO then CPC/ JUD/ 

SB2202 SD2 (SSCR 2684) RELATING TO EMPLOYMENT PRACTICES. 


Amends provisions relating to discriminatory practices made unlawful; offenses defined, 

under employment practices law. Includes as an unlawful discriminatory practice any 

employer or employment agency who publishes or causes to be published, in print or on 

the Internet, any advertisement for a job vacancy that includes any provision stating that 

the qualifications for a job include the current employment of an individual applying for 

the job, the employer or employment agency will not consider or review an application 

for employment submitted by an individual who is currently unemployed, or the employer 

or employment agency will consider or review only applications for employment submitted 

by an individual who is currently employed. -- SB2202 SD2 


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Mar-08 12 Multiple Referral to LAB/ ERB/ then JUD then FIN 

SB2205 PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII STATE 

CONSTITUTION TO LOWER THE NUMBER OF NOMINEES PRESENTED BY THE 

JUDICIAL SELECTION COMMISSION TO FILL STATE COURT JUDICIAL 

VACANCIES. 


Proposes to amend the constitution. Proposes to lower the number from not less than 

4, and not more than 6, to 3 nominees presented by the judicial selection commission to 

fill state court judicial vacancies. -- SB2205 




CONSTITUTION TO INCREASE THE MANDATORY RETIREMENT AGE FOR STATE 

JUSTICES AND JUDGES. 

Introduced by: Hee C, Shimabukuro M, Chun Oakland S, Galuteria B, Gabbard M 

Proposes to amend the constitution. Increases the mandatory retirement age of justices 

and judges from 70 to 80 years of age. -- SB2206 



SB2207 SD2 (SSCR 2702) RELATING TO PUBLIC LANDS. 


Establishes provisions relating to withdrawal of leased land; fair compensation; lease 

extension. Requires that upon a withdrawal or taking of leased land that causes any 

portion of the land to become unusable for the specific use or uses for which it has 

leased, the rent is to be reduced in proportion to the value of the land withdrawn or made 

unusable, provided that if any permanent improvement made to or constructed upon the 

land by the lessee is destroyed or made unusable in the process of the withdrawal or 

taking, the proportionate value thereof shall be paid to the lessee based upon the 

unexpired term of the lease. Prohibits any land under cultivation to be withdrawn or 

taken until the crops are harvested, unless the board of land and natural resources pay 

the lessee the value of the crops. Requires that upon a withdrawal, any person with a 

long term lease is to be compensated for the present value of all permanent 

improvements in place at the time of the withdrawal that were legally made to or 

construed upon the land by the lessee of the leased land being withdrawn. -- SB2207 

SD2 


Mar-08 12 Multiple Referral to WLO then AGR then FIN 

SB2208 SD2 (SSCR 2659) RELATING TO ANIMALS. 


Establishes the spay and neuter special fund. Requires the department of budget and 

finance to administer the fund. Requires moneys in the special fund be expended to 

reduce the number of feral animals through spaying and neutering, educating the public 

regarding the importance of spaying and neutering pets, and preventing homeless animal 

overpopulation; provided that the uses and expenditures of moneys in the special fund 

follow eligibility criteria established by the advisory committee. Establishes an advisory 

committee. Requires the advisory committee to submit a report to the director of finance. 

-- Amends provisions related to income check off authorized. Allows any individual 

whose state income tax refund for any taxable year is 5 dollars or more to designate 5 

dollars of the refund to be deposited into the spay and neuter special fund. Act to be 

repealed on July 1, 2055 (sunset). -- SB2208 SD2 




CONSTITUTION TO REQUIRE THE JUDICIAL SELECTION COMMISSION TO 

DISCLOSE THE NAMES OF AND CERTAIN INFORMATION REGARDING ACTIVE 

NOMINEES AND APPLICANTS TO FILL JUSTICE AND JUDGE VACANCIES. 


Proposes a constitutional amendment. Proposes that the judicial selection commission 

disclose the names of nominees and the names of applicants to fill any justice or judge 

vacancies and the names of active applicants to fill a justice or judge vacancy as well as 

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statistical information that serves the public interest, including the total number, gender 

and experience of applicants. -- SB2209 



SB2212 SD1 (SSCR 2713) RELATING TO HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED. 


Amends provisions relating to the Hawaiian homes commission act of 1920. Establishes 

provisions relating to community based governance on Hawaiian home lands. 

Establishes that it is the policy of the State to support participation in governance by 

promoting the empowerment of democratically elected Hawaiian homestead community 

self governance organizations by establishing a working relationship with a 

democratically elected Hawaiian homestead community self governance organization to 

promote community welfare. Allows the commission to contract with and delegate 

authority to a Hawaiian homestead community self governance organization. -- SB2212 

SD1 



SB2213 SD2 (SSCR 2663) RELATING TO CIVIL SERVICE. 


Amends provisions relating to performance appraisal systems; failure to meet 

performance requirements. Requires, prior to the end of the evaluation period that the 

employee is being considered for discharge due to failure to meet performance 

requirements, the appointing authority to consider the feasibility of transferring or 

demoting the employee to another position that is administered by the appointing 

authority and for which the employee qualifies. -- SB2213 SD2 



SB2214 SD2 (SSCR 2725) RELATING TO COLLECTIVE BARGAINING. 


Amends provisions relating to the scope of the collective bargaining negotiations; 

consultation. Provides that the obligation to meet and negotiate does not compel either 

party to agree to a proposal or make a concession. Repeals the provision that parties 

cannot negotiate about cost items. Requires that negotiations relating to the 

contributions to the Hawaii employer union health benefits trust fund be for the purpose 

of agreeing upon the amounts which the State and counties shall contribute toward the 

payment of costs for health benefits and group life insurance benefits provided that the 

parties shall not be bound by the amounts contributed under prior agreements. Repeals 

the provision arbitration shall not be available to resolve impasses or disputes. -- Amends 

provisions relating to the resolution of disputes; impasses. Requires that the decision of 

the arbitration panel be final and binding upon the parties of all provisions submitted to 

the arbitration panel. Repeals exceptions. -- SB2214 SD2 



SB2216 SD1 (SSCR 2035) RELATING TO TRANSFER OF PROPERTY. 


Amends provisions relating to joint tenancy, tenancy by the entirety, and tenancy in 

common. Provides that property that is held in tenancy by the entirety by persons who 

are spouses or reciprocal beneficiaries may be transferred to a joint revocable living trust, 

a joint irrevocable living trust, or to the separate revocable or irrevocable trusts of either 

spouse or reciprocal beneficiary. Also provides that the transferred property or any part 

or accumulation of the transferred property that was held in tenancy by the entirety at the 

time of transfer shall continue to be treated as though it is held in tenancy by the entirety 

and shall be subject to all applicable law while held in trust during the lifetime of both 

spouses or reciprocal beneficiaries except where the provisions of the trust instrument 

expressly provide to the contrary. -- SB2216 SD1 



SB2218 SD1 (SSCR 2065) PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII 

RELATING TO RESIDENCY REQUIREMENTS FOR MEMBERS OF THE 

LEGISLATURE. 

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Proposes to amend the constitution. Requires candidates for the office of state senate 

or house of representatives be domiciled in the senatorial or representative district that 

the person seeks to represent for not less than 12 consecutive months prior to the next 

succeeding general election. -- SB2218 SD1 


Feb-14 12 Multiple Referral to LMG then JUD then FIN 

SB2220 SD1 (SSCR 2662) RELATING TO THE BOILER AND ELEVATOR SAFETY LAW. 


Establishes provisions relating to boiler and elevator special fund; establishment; 

purposes. Establishes the fund into which shall be deposited fees and appropriations by 

the legislature to provide operating funds to carry out the boiler and elevator law. Annual 

reports to the legislature. Requires reimbursement over 5 years to pay back the start up 

appropriation. Establishes fees for inspections, permits, and examinations of boilers, 

pressure systems, elevators, and kindred equipment. -- Appropriation to the fund and out 

of the fund. ($$) -- SB2220 SD1 


Mar-08 12 Multiple Referral to LAB/ ERB/ then FIN 

SB2221 SD1 (SSCR 2463) RELATING TO CHILD ABUSE. 


Amends provisions relating to promoting child abuse in the 2nd degree. A person 

commits the offense of promoting child abuse in the 2nd degree if the person possesses 

30 or more images of any form of child pornography, and the content of at least 1 image 

contains 1 or more of a minor who is younger than the age of 12, sadomasochistic abuse 

of a minor, or bestiality involving a minor. -- SB2221 SD1 



SB2222 SD2 (SSCR 2566) RELATING TO SEXUAL IMAGES PRODUCED BY MINORS. 


Establishes provisions relating to promoting minor produced sexual images in the 1st 

degree. Provides that a person, 18 years of age or older, commits the offense of 

promoting minor produced sexual images in the 1st degree if the person intentionally or 

knowingly commands, requests, or encourages a minor to use a computer, cell phone, 

or any other device capable of electronic data transmission or distribution to transmit to 

any person a nude photograph or video of a minor. Makes it a class C felony. -- 

Establishes provisions relating to promoting minor produced sexual images in the 2nd 

degree. Provides that a minor commits the offense of promoting minor produced sexual 

images in the 2nd degree if the minor knowingly uses a computer, cell phone, or any 

other device capable of electronic data transmission or distribution to transmit or 

distribute to another person a nude photograph or video of a minor or the minor's self, 

intentionally or knowingly commands, requests, or encourages another minor to use a 

computer, cell phone, or any other device capable of electronic data transmission or 

distribution, to transmit to any person a nude photograph or video of a minor or the 

minor's self. Makes it a misdemeanor. -- SB2222 SD2 



SB2224 SD1 (SSCR 2171) RELATING TO THE TAX LIEN AND ENCUMBRANCE RECORD. 


Amends provisions relating to tax lien and encumbrance record. Adds that judgments 

payable to the state or county and liens or taxes payable to the county shall be recorded 

by the director of finance and maybe a condition precedent to the vehicle's renewal, 

registration, or transfer of ownership. Allows the taxpayer to provide evidence of entering 

into a payment plan with the director of taxation. Prohibits state and county agencies to 

be charged a fee for any entry made in the tax lien and encumbrance record. -- SB2224 

SD1 


Mar-08 12 Multiple Referral to TRN then JUD then FIN 

SB2225 SD1 (SSCR 2592) RELATING TO PRISON LITIGATION. 


Establishes provisions relating to proceedings in the forma pauperis for prisoners. Allows 

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any court of the State to authorize proceedings in forma pauperis for the commencement, 

prosecution, or defense of any suit action, or proceeding or appeal therein, without 

prepayment of fees or security therefor, by a prisoner who is incarcerated in a 

correctional facility; provided that the prisoner submits a statement of all financial assets 

for the previous 6 months that the prisoner possesses or possessed; and an affidavit or 

declaration given under penalty of perjury that the prisoner is unable to pay the fees or 

give security therefor; provided that an appeal may not e taken in forma pauperis if the 

trial court certifies in writing that the appeal is not taken in good faith. Requires the 

prisoner to pay the full amount of a filing fee if a prisoner brings a civil action or files an 

appeal of a civil or criminal judgment in forma pauperis that is not in compliance or if the 

court denies the in forma pauperis application. Allows the court to assess and, when 

funds exist, collect, as a partial payment of any court filing fees required by law, an initial 

partial filing fee of 20 per cent of the greater of the average monthly deposits to the 

prisoner's account; or the average monthly balance in the prisoner's account for the 6 

month period immediately preceding the filing of the complaint or notice of appeal. 

Requires the prisoner to make monthly payments of 20 per cent of the preceding month's 

income credited to the prisoner's account. Requires any prisoner who has 4 or more of 

in forma pauperis civil actions or appeals dismissed by any state or federal court as 

frivolous or malicious, or for failure to state a claim to prepay the full filing fee as a 

precondition of proceeding with any further civil actions during the time the prisoner 

remains incarcerated, unless the prisoner is in imminent danger of serious physical, 

mental, or emotional injury; provided that the prepayment may be waived at the discretion 

of the court in the interest of justice. Allows the court to require the State to pay certain 

expenses if required by the appellate court and authorized by the administrative director 

of the courts. Requires the court to dismiss the case if the court determines that the 

allegation of poverty is untrue; or the action or appeal is frivolous or malicious; fails to 

state a claim on which relief may be granted; or seeks monetary relief against a 

defendant who is immune from monetary relief. Allows for judgment to be rendered for 

costs at the conclusion of the suit or action, but requires the State not be liable for any 

of the costs incurred without regard to the outcome of the suit or action. -- SB2225 SD1 



SB2226 SD2 (SSCR 2630) RELATING TO TAXATION. 

Introduced by: Chun Oakland S, Green J, Ige D 

Establishes tax on wholesalers, service businesses, and contractors, tax on import of 

goods and services and contracting for resale, and insurance producer's tax. -- 

Establishes a committee to work with and oversee the department of taxation's 

implementation, administration, and compliance of the Streamlined Sales and Use tax 

Agreement. Requires the legislative reference bureau to assist the department or 

contractor in drafting appropriate legislation. -- SB2226 SD2 



SB2227 RELATING TO HEALTH. 


Appropriation to the department of health for the provision of health care services to 

uninsured persons through nonprofit community health centers. ($$) -- SB2227 



SB2228 SD2 (SSCR 2500) RELATING TO PSEUDOEPHEDRINE. 


Amends provisions relating to sales of products, mixtures, or preparations containing 

pseudoephedrine; reporting requirement for wholesalers. Prohibits a pharmacy or retailer 

from selling or distributing to a person without a prescription products containing more 

than 3.6 grams per day or more than 9 grams per 30 day period of pseudoephedrine 

base. Repeals provisions of any product, mixture, or preparation containing any 

detectable quantity of pseudoephedrine, its salts, optical isomers, or salts of optical 

isomers as the only active ingredient or in combination with other active ingredients. 

Requires pharmacy or retailer to comply with conditions that any person purchasing or 

otherwise acquiring any product, mixture, or preparation to produce a valid, government 

issued identification and maintain a record of required information for each sale of a 

nonprescription product containing pseudoephedrine and requires every purchaser to 

sign a written or electronic log attesting to the validity of the information. Requires a 

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March 8, 2012 72


pharmacy or retailer before completing an over the counter sale to electronically submit 

the required sales tracking information to the National Precursor Log Exchange 

administered by NADDI (National Association of Drug Diversion Investigators). Prohibits 

the seller from completing the sale if the system generates a stop sale alert. Immunizes 

retailers from civil liability for complying with the Act. Allows the administrator of the 

narcotics enforcement division of the department of public safety to grant temporary 

exemptions for good cause. Requires NADDI to forward Hawaii transaction records to 

the department of public safety weekly and provide real time access to the information 

through the national Precursor Log Exchange online portal to law enforcement in the 

State as authorized by the narcotics enforcement division provided that the narcotics 

enforcement division executes a memorandum of understanding with NADDI governing 

access to the information; provided further that the narcotics enforcement division shall 

establish the electronic tracking system in conjunction with the State's existing narcotics 

tracking system beginning no later than January 1, 2015. Requires the system to be 

capable of generating a stop sale alert, which shall be a notification that completion of 

the sale would result in the seller or purchaser violating quantity limits. Requires the 

system to contain an override function that may be used by the seller of pseudoephedrine 

who has a reasonable fear that imminent bodily harm will result if they do not complete 

the sale. Requires each override to be logged by the system. Changes prohibition 

against knowingly purchasing, possessing, receiving, or acquiring more than 9 grams of 

any product, mixture, or preparation containing any detectable quantity of 

pseudoephedrine or its salts, isomers, or salts of optical isomers within a 30 day period 

to knowingly purchasing, receiving, or otherwise acquiring 3.6 grams or more per day or 

9 or more grams per 30 day period of pseudoephedrine base; and makes violators guilty 

of a class C felony. Also makes guilty of a class C felony those who violate various 

tracking requirements established by the act. -- SB2228 SD2 


Mar-08 12 Multiple Referral to HLT then JUD then FIN 

SB2229 SD2 (SSCR 2564) RELATING TO VACCINATIONS. 


Establishes provisions relating to influenza vaccinations; children. Allows a pharmacist 

to administer the influenza vaccine to persons between 14 and 17 years of age pursuant 

to a valid prescription. Requires the pharmacist to verify that the prescriber or the 

prescriber's authorized agent is the patient's medical home and requires the pharmacist 

to provide information to the medical home within 72 hours and to the department of 

health immunization registry within 5 business days. Further requires the pharmacists 

to complete a training program approved by the Accreditation Council of Pharmacy 

Education. Defines medical home to mean the primary care physician who, working in 

collaboration with the family, oversees the acute, chronic, and preventive health needs 

of the patient in a comprehensive, coordinated, and continuous fashion. Amends 

provisions relating to renewal of licenses; continuing education requirement by requiring 

a pharmacist who administers the influenza vaccine to complete a specified training 

program every 4 years and submit proof of successful completion of the training program 

to the board. -- SB2229 SD2 



SB2232 SD1 (SSCR 2490) RELATING TO ANIMAL WELFARE. 


Amends provisions relating to prohibitions in the Hawaii meat inspection Act. Prohibits 

any person from buying, selling, transporting, delivering, offering for sale or 

transportation, or receiving for transportation in interstate commerce, any bear 

gallbladder or bile, or any product, item or substance containing, labeled as, or advertised 

as containing bear gallbladder or bile. -- SB2232 SD1 


Mar-08 12 Multiple Referral to AGR/ INT/ then JUD 

SB2233 SD2 (SSCR 2604) RELATING TO ELECTRONIC INFORMATION. 

Introduced by: Fukunaga C, Wakai G, Baker R, Espero W, Ihara L, Tokuda J, Chun 

Oakland S, Ryan P, Ige D, Galuteria B, Shimabukuro M, Kidani M, English J, Kahele G, 

Green J, Nishihara C 

Amends provisions relating to the publication of notice. Allows a State or county public 

notice to be given by electronic or online publication on the centralized website of the 

State of Hawaii. Requires the notices and the websites be accessible to the disabled, 

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March 8, 2012 73


the elderly, and other individual who require state assistance to access the website. 

Provides that if the notice is published on the centralized website of the State or the 

website of the affected county, the public notice shall include information or links to other 

locations of the electronic or online notice. Appropriations for the office of information 

management technology to establish a centralized website and for the Hawaii State 

public library system for public to access and print information from the centralized 

website. ($$) -- SB2233 SD2 



SB2234 SD2 (FLOOR RELATING TO ELECTRONIC INFORMATION. 

AMENDMENT 3) Introduced by: Fukunaga C, Wakai G, Baker R, Espero W, Tokuda J, Chun Oakland S, 

Ige D, Galuteria B, Shimabukuro M, Kidani M, English J, Kahele G, Green J, Nishihara 

C 

Amends provisions relating to notice. Requires the board to post the notice on the 

electronic calendar of the State internet website or on the appropriate county's internet 

website, on the website of the board or the website of the department within which the 

board is established if the board does not have a website. -- Amends provisions relating 

to emergency meetings. Requires an emergency agenda and findings be filed where 

notices are filed and allows notification by electronic mail. -- Amends provisions relating 

to minutes. Requires that minutes be public records and for a state board be posted on 

the website of the board or the website of the department within which the board is 

established if the board does not have a website, and for a county board requires the 

minutes be available upon request. -- Amends provisions relating to giving public notices. 

Requires all governmental agencies scheduling a public hearing to post public notice on 

the website of the county affected by the proposed action, to inform the public of the date, 

time, location and subject matter of the public hearing. -- SB2234 SD2 


SB2235 SD2 (SSCR 2633) RELATING TO COMMUNICATIONS TECHNOLOGY. 

Introduced by: Fukunaga C, Ige D, Espero W, Baker R, Ihara L, Galuteria B, 

Shimabukuro M, Chun Oakland S, Green J 

Amends provisions relating to objectives and policies for the economy in the Hawaii State 

planning Act. Promotes broadband services as a critical infrastructure for 21st century 

communications and encourages the public and private sectors to ensure that every 

home and business in the State has access to broadband service. Annual reports to the 

legislature and the governor. -- SB2235 SD2 



SB2236 RELATING TO INFORMATION TECHNOLOGY. 

Introduced by: Fukunaga C, Baker R, Chun Oakland S, Ige D, Galuteria B, Shimabukuro 

M 


information technology steering committee; establishment; responsibilities. Provides that 

the membership of the information technology steering committee shall consist of 13 

members with 4 members to be selected by the senate president, 4 members to be 

selected by the speaker of the house of representatives, and 4 members to be selected 

by the chief information officer. -- SB2236 




Introduced by: Fukunaga C, Baker R, Wakai G, Solomon M, Slom S 

Amends provisions relating to partial payment of taxes. Provides that partial payments 

be credited to principal, then penalties, and then to interest. -- SB2237 SD1 





Repeals Act 155, session laws of 2010, establishing provisions relating to general excise 

tax benefits; denial of tax benefits for failure to properly claim. -- SB2238 SD1 



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March 8, 2012 74


SB2239 SD1 (SSCR 2606) RELATING TO ECONOMIC DEVELOPMENT. 


Amends provisions relating to exemption from chapter 42F, grants and subsidies, by 

adding an exemption to chapter 103D, Hawaii public procurement code. Exempts grants 

made under the community based economic development program from the Hawaii 

public procurement code. -- Amends provisions related to hydrogen investment capital 

special fund. Requires moneys in the fund to be expended by the Hawaii strategic 

development corporation. -- Repeals the high technology development corporation. -- 

SB2239 SD1 


Mar-08 12 Multiple Referral to ERB then EEP then FIN 



Amends provisions relating to reduced ignition propensity cigarette program special fund. 

Requires funds appropriated by the legislature and collected by the state fire council from 

the reduced ignition propensity cigarette program to be deposited into the ignition 

propensity cigarette program special fund. -- Provides for appropriation out of the 

temporary deposits account in the trust fund of the department of labor and industrial 

relations to be deposited into the reduced ignition propensity cigarette program special 

fund. Appropriation out of the temporary deposits account in the trust fund of the 

department of labor and industrial relations, from moneys collected for the reduced 

ignition propensity cigarette program to the reduced ignition propensity cigarette program 

special fund. Appropriation out of the reduced ignition propensity cigarette program 

special fund for the cost of activities, including employing 1 full time administrator and 1 

full time assistant. ($$) -- SB2245 SD2 




Introduced by: Espero W, Kidani M, Nishihara C, Ryan P 

Amends provisions relating to interception, access, and disclosure of wire, oral, or 

electronic communications, use of pen register, trap and trace device, and mobile 

tracking device prohibited. Allows a person or entity providing electronic communication 

service to the public to divulge the contents of any such communication to a law 

enforcement agency, public safety agency, and public safety answering point if the 

provider, in good faith, believes that an emergency involving danger of death or serious 

bodily injury to any person requires disclosure without delay of communications relating 

to the emergency. -- SB2247 SD2 





Establishes medical release program under corrections law. Defines medical release as 

the release of an inmate before the expiration of the inmate's sentence due to the 

inmate's medical condition. Requires the Hawaii paroling authority to conduct a hearing 

and decide on requests for release. Prohibits the authority from granting a medical 

release to an inmate who poses a danger to society. -- SB2248 SD2 



SB2249 SD2 (SSCR 2694) RELATING TO CORRECTIONS. 

Introduced by: Espero W, Kidani M, Chun Oakland S, Baker R 

Establishes provisions relating to committed persons products and crafts. Requires the 

department of public safety to permit committed persons to create products and crafts 

for sale. Allows the director of public safety to sell the products and crafts. Of the 

proceeds from the sale of products and crafts, requires 25 per cent to be deposited into 

the committed person's current facility's fund for re entry or rehabilitation services or 

programs, 25 per cent to be deposited into the crime victim compensation special fund, 

and 50 per cent to be deposited into a specified account of the committed person. -- 

Amends provisions relating to crime victim compensation special fund; when payments 

authorized. Includes funds received under the act to be deposited into the fund. -- 

Requires the department to conduct a study to ascertain the practices of correctional 

facilities in other states with regard to the making and sale of arts and crafts by inmates. 

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March 8, 2012 75


Report to the legislature. -- SB2249 SD2 



SB2250 SD1 (SSCR 2026) RELATING TO PAROLE. 

Introduced by: Espero W, Kidani M, Chun Oakland S 

Establishes provisions relating to continuum of administrative sanctions. Allows the 

Hawaii paroling authority to utilize a continuum of administrative sanctions for violations 

of terms and conditions of parole except where a parolee has a pending criminal matter 

or prior parole revocation. -- SB2250 SD1 



SB2253 RELATING TO CORRECTIONS. 


Appropriation to the department of public safety to establish and administer a 2 year pilot 

program for high intensity parole supervision. Reports to the legislature. Act to be 

repealed on June 30, 2016 (sunset). ($$) -- SB2253 



SB2256 RELATING TO CONDOMINIUMS. 

Introduced by: Espero W, Fukunaga C 

Amends provisions of metering of utilities. Allows the board of directors to authorize the 

installation of separate meters to determine the use by each of the residential and 

commercial apartments of utilities, including electricity, water, gas, fuel, oil, sewerage, 

and drainage; provided that the cost of installing the meters shall be paid by the 

association. -- SB2256 





Provides a general excise tax exemption for proceeds received by the owner or lessor 

from the leasing of real property to a nonprofit organization, state, county, or federal 

agencies, or provider agencies contracted by the department of human services for 

homeless facilities or programs, provided that the real property is used to provide 

transitional shelter for homeless persons and there is a signed lease or rental agreement 

on the real property to which the nonprofit organization, government agency, or 

contracted agency is a party. -- SB2260 SD2 



SB2261 RELATING TO THE WEED AND SEED PROGRAM. 

Introduced by: Espero W, Fukunaga C 

Establishes provisions relating to weed and seed program; established under department 

of labor and industrial relations law. Establishes the weed and seed program within the 

department of labor and industrial relations to reduce crime and improve the quality of 

life for residents and neighborhoods in the State. Requires the weed and seed strategy 

to be a collaborative effort among residents, law enforcement agencies, social service 

providers, educators, area business, and other resource agencies and support 

organizations. Report to the legislature and the governor. Appropriation. ($$) -- SB2261 


Mar-08 12 Multiple Referral to PBM/ LAB/ then JUD then FIN 

SB2262 SD1 (SSCR 2320) RELATING TO PAIN PATIENTS BILL OF RIGHTS. 

Introduced by: Espero W, Ryan P 

Establishes provisions relating to medical use of marijuana under the pain patient's bill 

of rights law. Requires the medical use of marijuana to be considered consistent with the 

law. -- SB2262 SD1 


Mar-08 12 Multiple Referral to PBM/ HLT/ then JUD 

SB2268 RELATING TO QUEEN LILIUOKALANI. 

Introduced by: Galuteria B, Chun Oakland S, Ryan P, Solomon M, Kidani M, 

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March 8, 2012 76


Shimabukuro M, Tokuda J 

Changes the inscription on the memorial statue of Queen Liliuokalani on the grounds of 

the state capitol to the Queen's coronation on January 29, 1891, and to the date of her 

death on November 11, 1917. -- SB2268 


Mar-08 12 Multiple Referral to HAW then FIN 

SB2272 SD1 (SSCR 2622) MAKING AN APPROPRIATION FOR THE CONSTRUCTION OF A VAPOR HEAT 

TREATMENT FACILITY. 

Introduced by: Dela Cruz D, Solomon M, Kahele G 


of agriculture for the agribusiness development corporation to construct a vapor heat 

treatment facility on the island of Hawaii at a location to be determined by the 

corporation. ($$) -- SB2272 SD1 


Mar-08 12 Multiple Referral to ERB then AGR then FIN 

SB2277 SD2 (SSCR 2682) RELATING TO ENDANGERED AND THREATENED SPECIES. 


Establishes provisions relating to contested cases challenging issuance of a habitat 

conservation plan or safe harbor agreement and accompanying license. Prohibits a 

person from challenging the approval of a habitat conservation plan or safe harbor 

agreement or the issuance of an accompanying license except through a contested case 

hearing before the board of land and natural resources. -- Repeals provisions relating to 

administrative enforcement of rules, plans, agreements, or licenses. -- Amends Act 380, 

session laws of 1997, as amended by Act 3, session laws of 2001, as amended by Act 

90, session laws of 2006, by repealing the provision that no new safe harbor agreements, 

habitat conservation plans, or incidental take licenses shall be approved or issued 

subsequent to July 1, 2012. -- SB2277 SD2 


Mar-08 12 Multiple Referral to WLO then JUD then FIN 

SB2281 SD1 (SSCR 2154) RELATING TO ENVIRONMENTAL IMPACT STATEMENTS. 

Introduced by: Gabbard M, Ryan P, English J, Shimabukuro M 

Amends provisions relating to environmental impact statements law. Adds new 

definitions for direct to environmental impact statement decision and for direct to 

environmental impact statement notice. Amends provisions relating to applicability and 

requirements. Allows an agency to authorize an applicant to choose not to prepare an 

environmental assessment and to prepare an environmental impact statement if the 

agency determines that an environmental impact statement is likely to be required 

following adequate notice to the public and all interested parties and provides that 

publication of a direct to environmental impact statement notice shall be considered 

adequate notice. Amends provisions relating to limitation of actions. Extends provision 

for an agency's direct to environmental impact statement decision and changes time 

within which a judicial proceeding is required to be initiated from 30 to 60 days. -- SB2281 

SD1 



SB2284 SD1 (SSCR 2482) RELATING TO RESIDENTIAL REAL PROPERTY. 

Introduced by: Gabbard M, Ryan P 

Establishes provisions relating to membership list under time sharing plans law. 

Requires the plan manager to keep an accurate and current list of the names and 

addresses of association members, including the names and addresses of vendors under 

agreements of sale, if any, to be maintained at a place designated by the board of 

directors and a copy to be made available, at a reasonable cost, to any member of the 

association as provided in the declaration or bylaws or rules and regulations or, in any 

case, to any member who furnishes to the plan manager or board of directors a duly 

executed and acknowledged affidavit with specified information. Prohibits any board of 

directors from adopting any rule prohibiting the solicitation of proxies or distribution of 

materials relating to association matters by association members but allows a board of 

directors to adopt rules regulating reasonable time, place, and manner of such 

solicitations or distributions. Requires that any reasonable fee charged to a member to 

obtain a copy of a list not exceed 1 dollar per page, or 200 dollars, whichever is less. -- 

SB2284 SD1 

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March 8, 2012 77



Mar-08 12 Multiple Referral to TOU then CPC 


Introduced by: Gabbard M, English J 

Establishes within the department of accounting and general services a pilot program 

using the negotiated partner approach to execute energy savings performance contracts 

between June 30, 3013 and June 30, 2014 (sunset). Allows any state agency to 

negotiate directly with a vendor on the list of qualified vendors for a sole source energy 

savings performance contract for 1 building or structure under the agency's jurisdiction. 

Reports to the legislature. -- SB2288 SD1 





Amends provisions relating to common profits and expenses under condominium 

property regimes. Requires that any and all charges or assessments for health care 

services or services relating to personal care that maybe offered or provided to unit 

owners or residents of unit owners at a condominium licensed as an assisted living 

facility, be made against only the units occupied by persons who utilize such health care 

services and services relating to personal care, and not be included as part of the 

common expenses of the condominium. -- SB2295 SD1 



SB2304 SD2 (SSCR 2665) RELATING TO RIGHTS OF THE ACCUSED. 

Introduced by: Shimabukuro M 

Establishes provisions relating to eyewitness identification. Requires each county police 

department and all state investigative agencies identified by the attorney general to adopt 

procedures for conducting live lineups and photo lineups. Requires that the eyewitness 

be instructed prior to the identification procedure that the suspected perpetrator may not 

be among the persons in the live lineup or photo lineup and that the eyewitness should 

not feel compelled to make an identification. Establishes identification procedures for 

conducting photo lineups and live lineups. Establishes remedies for noncompliance. 

Requires the department of the attorney general to create, administer, and conduct a 

training program for law enforcement officers and recruits. -- SB2304 SD2 



SB2305 SD2 (SSCR 2496) RELATING TO OCEAN RESOURCES. 


Amends provisions relating to prohibitions under the public lands, management and 

disposition of. Amends the exception to the mining or taking or sand, dead coral or coral 

rubble, rocks, soil or other marine deposits to be an inadvertent taking from seaward of 

the shoreline of these materials such as those inadvertently carried away on the body, 

and on clothes, toys, recreational equipment, and bags. Exempts the taking of driftwood, 

shells, beach glass, glass floats, or seaweed, the exercise of traditional cultural practices 

as authorized by law or as permitted by the department of Hawaiian home lands, and the 

response to a public emergency or a state or local disaster. -- SB2305 SD2 


Mar-08 12 Multiple Referral to WLO then HAW then JUD 

SB2306 SD2 (SSCR 2763) RELATING TO LONG-TERM CARE. 


Establishes a long term care task force under the direction of the deputy healthcare 

transformation coordinator within the office of the healthcare transformation coordinator. 

Provides that the purpose of the task force shall be to identify state programs and 

services related to long term care and determine the feasibility of consolidating existing 

state functions and funds relating to these programs and services under a single 

executive department or division. Provides for composition of the task force and requires 

the deputy to serve as chairperson. Allows the task force to request staff assistance from 

the department of health, the department of human services, and other appropriate state 

and country executive agencies. Requires the task force to identify state programs and 

services related to long term care; conduct a comprehensive review of the identified 

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March 8, 2012 78


programs and services to determine the advantages, disadvantages, and feasibility of 

consolidating the programs and services under a single department or 1 division; 

determine whether programs and services for people with intellectual and developmental 

disabilities and mental health programs should be included; identify the most appropriate 

single executive department or division to house long term care programs and services; 

formulate a timetable for the transfer of functions; provide a timetable for compliance 

monitoring; ensure that appropriations or funds for identified state programs and services 

are transferred as necessary to the identified executive department or division; ensure 

that all federal and state funds are fully allocated in the course of the transfer of funds; 

resolve any other issues relating to the transfer of functions and funding to ensure the 

timely and efficient consolidation of responsibility of state long term care programs and 

services under a single executive department or division; and if a consolidation is 

determined to be advantageous and feasible, recommend a single executive department 

or division to best house all identified long term care programs and services. Report to 

the legislature. Requires the legislative reference bureau to assist the task force. 

Dissolves the task force on June 30, 2014 (sunset). Establishes within the office of the 

governor a deputy healthcare transformation coordinator for long term care to coordinate 

all state activities on long term care relating to financing, access, service delivery, and 

quality assurance. Specifies nomination, selection, and appointment procedure for the 

deputy. Establishes specified requirements in connection with the deputy including 

working with various directors and specified others and annual reports to the legislature. 

Requires the position of the deputy to be exempt from civil service law and collective 

bargaining in public employment law, and to terminate when management over all long 

term care services is consolidated within a single executive department or division. 




SB2308 SD2 (SSCR 2645) RELATING TO LONG TERM CARE. 

Introduced by: Chun Oakland S, Green J, Galuteria B, Shimabukuro M 

Requires the office on aging to conduct a long term care education and awareness 

campaign. Requires the director of the office to have the impact of the campaign 

independently evaluated for its effectiveness. Report to the legislature. Appropriation. 

($$) -- SB2308 SD2 



SB2309 SD2 (SSCR 2648) RELATING TO LONG-TERM CARE. 

Introduced by: Chun Oakland S, Green J, Galuteria B, Shimabukuro M 

Establishes the Hawaii long term partnership program law. Requires the department of 

human services to establish the program that enables an individual who has assets that 

would otherwise disqualify the individual from receiving medicaid benefits to continue 

receiving medicaid benefits if the individual purchases and maintains a certified long term 

care insurance partnership policy. Requires the insurance plan to specify that insurance 

plan shall be the primary payer of the long term care costs and that medicaid shall be the 

secondary payer. Requires the department to prepare a state plan amendment to seek 

appropriate amendments to its medicaid rules and state plan to allow protection of 

assets. -- Requires the department of commerce and consumer affairs to certify a policy 

as a certified long term care insurance partnership policy if it meets requirements of the 

insurance laws, 42 US Code 1396p, and section 7702B (b) of the Internal Revenue 

Code. Requires the department of human services to establish an outreach program to 

educate consumers about the need for long term care, the mechanisms for financing long 

term care, the availability of long term care insurance, and asset protections, and 

requires the department to coordinate with the executive office on aging to establish the 

program. -- SB2309 SD2 


Mar-08 12 Multiple Referral to HUS/ HLT/ then CPC then FIN 

SB2310 SD1 (SSCR 2764) RELATING TO HUMAN SERVICES. 

Introduced by: Chun Oakland S, Galuteria B, Ihara L, Shimabukuro M 

Appropriation to the department of human services to match the federal medicaid 

allowance allocated to the State for adult vision services. ($$) -- SB2310 SD1 



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March 8, 2012 79


SB2314 SD2 (SSCR 2711) RELATING TO THE ELDERLY. 

Introduced by: Chun Oakland S, Shimabukuro M, Green J, Ige D, Ihara L, Galuteria B, 

Espero W 

Establishes provisions relating to financial exploitation of an elder in the 1st degree. 

Provides that a person commits the offense of financial exploitation of an elder in the 1st 

degree if the person commits theft of property, the value of which exceeds 10,000 dollars 

of an elder, and knows that the owner of the property is an elder, or recklessly disregards 

the risk that the owner of the property is an elder. Makes it a class A felony. -- 

Establishes provisions relating to financial exploitation of an elder in the 2nd degree. 

Provides that a person commits the offense of financial exploitation of an elder in the 2nd 

degree if the person commits theft of property, the value of which exceeds 5,000 of an 

elder, and knows that the owner of the property is an elder, or recklessly disregards the 

risk that the owner of the property is an elder. Makes it a class B felony. -- Establishes 

provisions relating to an elder in the 3rd degree. Provides that a person commits the 

offense of financial exploitation of an elder in the 3rd degree if the person commits theft 

of property, the value of which exceeds 100 dollars, of an elder, and knows that the 

owner of the property is an elder, or recklessly disregards the risk that the owner of the 

property is an elder. -- Establishes provisions of financial exploitation of an elder in the 

4th degree. Provides that a person commits the offense of financial exploitation of an 

elder in the 4th degree if the person commits theft of property, the value of which is not 

in excess of 100 dollars, of an elder, and knows that the owner of the property is an elder, 

or recklessly disregards the risk that the owner of the property is an elder. Makes it a 

misdemeanor. -- Amends provisions relating to mandatory reporting of suspected 

financial abuse of an elder. Requires a financial institution to report suspected financial 

abuse that is directed towards, targets, or is committed against an elder to the 

appropriate law enforcement agency by telephone immediately, and by written report via 

electronic mail immediately or as soon thereafter as practicable. -- SB2314 SD2 


Mar-08 12 Multiple Referral to HUS then JUD/ CPC/ 

SB2316 RELATING TO CEMETERY AND FUNERAL TRUSTS. 

Introduced by: Baker R, Ihara L, Chun Oakland S 

Amends provisions relating to mortuary, cemetery, or pre need funeral authority; 

disclosure requirements. Requires specified notice in 12 point bold type regarding how 

to file complaints concerning cemeteries or pre need authority in disclosures of written 

contracts and in a written notice provided at the time the services or merchandise are 

provided. -- SB2316 




Introduced by: Chun Oakland S, Galuteria B 

Provides a small business caregiver leave income tax credit for a portion of the payroll 

costs of allowing employees to serve as a caregiver who has undertaken the care, 

custody, or physical assistance of an elderly or disabled relative. -- Provides a caregiver 

income tax credit for a person who cares for a qualified care recipient. -- Provides a 

caregiver educational cost income tax credit for a portion of the qualified educational 

costs incurred by the taxpayer. -- SB2317 SD1 


Mar-08 12 Multiple Referral to HLT/ HUS/ ERB/ then HED then 

FIN 

SB2318 SD1 (SSCR 2082) RELATING TO ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS 

JURISDICTION. 


Establishes the uniform adult guardianship and protective proceedings jurisdiction act. 

Establishes communication and cooperation between states and foreign jurisdictions to 

uniformly handle proceedings involving adult guardianships and protective proceedings. 

Establishes procedures in determining appropriate forum and transfer of guardianship 

or conservatorship to another state. -- SB2318 SD1 


Mar-08 12 Multiple Referral to HUS then JUD then FIN 


Introduced by: Chun Oakland S, Galuteria B, Fukunaga C, Shimabukuro M 

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March 8, 2012 80


Appropriation to the department of human services for the homeless programs office to 

assist homeless and at risk homeless individuals and families with support services, and 

for a homeless prevention program. -- Appropriation to the Hawaii housing finance and 

development corporation for the rental housing trust fund. -- Appropriation to the 

department of health for substance abuse treatment and mental health support services; 

to the clean and sober housing support services to be administered by the alcohol and 

drug abuse division. -- Appropriation to the department of human services for a rental 

assistance program (shallow subsidy program), and to provide matching funds for shelter 

plus care grants. ($$) -- SB2319 SD2 


Mar-08 12 Multiple Referral to HSG then HUS/ HLT/ then FIN 

SB2320 SD2 (SSCR 2766) RELATING TO AGING. 


Establishes the kupuna care program within the executive office on aging. Requires the 

program to provide affordable and quality home and community based services that are 

person centered and consumer directed for adults who are 60 years of age and older and 

family caregivers. Requires the kupuna care program to be available in every county as 

a function of the aging and disability resource centers. Appropriation for the kapuna care 

program. -- Appropriation for the healthy aging partnership program, Catholic Charities 

Hawaii for the Lanakila multi purpose senior center, Moiliili Community Center for the 

Moiliili senior center, and Waikiki community center. -- Appropriation to provide a grant 

to the Alzheimer's Association, Aloha Chapter, to establish a wanderer's registration 

service to protect individuals with Alzheimer's disease and related dementia; conduct 

targeted outreach throughout the State to increase enrollment in the national wanderer's 

registry and offer scholarships and subsidies to low income families who want to enroll 

in the registry; conduct annual training for 1st responders and other community members 

to increase awareness and provide ongoing education on best practices for search and 

rescue efforts for people with dementia; and when authorized by the family, issue 

customized updates and information through social media to provide alerts to the 

community and assist with search and rescue efforts. ($$) -- SB2320 SD2 



SB2321 SD2 (SSCR 2686) RELATING TO LONG-TERM CARE INSURANCE. 


Requires the director of the executive office on aging to convene a long term care 

financing task force to ascertain if there is public sentiment for a mandatory tax to 

implement a long term care insurance program for all residents of the State. Requires 

the task force to expand on the work of Act 245, Session Laws of 2002, and S.B. 1088, 

C.D. 1 (SB1088 2003), and consider and include recommendations on specified 

questions. Requires the task force to be chaired by the director. Allows the task force 

to request staff assistance from the department of health, the department of commerce 

and consumer affairs, the department of human services, and other appropriate state and 

country executive agencies. Report to the legislature. Task force to be dissolved on 

June 30, 2014 (sunset). Requires the task force to contract for the performance of an 

actuarial analysis and specifies items to be included. Report to the legislature. 



Mar-08 12 Multiple Referral to HLT/ HUS/ then CPC then FIN 

SB2323 SD1 (SSCR 2590) MAKING APPROPRIATIONS FOR PUBLIC EMPLOYMENT COST ITEMS. 




(registered professional nurses) and other cost adjustments for employees excluded from 

collective bargaining who belong to the same compensation plans as those officers and 

employees within collective bargaining unit 9 (registered professional nurses). ($$) -- 

SB2323 SD1 



SB2324 SD1 (SSCR 2793) MAKING APPROPRIATIONS FOR PUBLIC EMPLOYMENT COST ITEMS. 



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corporation for Hawaii employer union health benefits trust fund costs for collective 

bargaining unit 2 (supervisory blue collar employees), unit 3 (nonsupervisory white collar 

employees), unit 4 (supervisory white collar employees), unit 6 (educational officers and 

other personnel of the department of education), unit 8 (personnel of the university of 

Hawaii and community college system), and unit 13 (other professional and scientific 

employees); and for employees excluded from collective bargaining. ($$) -- SB2324 SD1 




Introduced by: English J, Kahele G, Gabbard M, Baker R, Chun Oakland S, Kidani M 

Amends provisions relating to home based agricultural producer of honey; exemption, 

under food, drugs, and cosmetics law. Changes the conditions under which a home 

based agricultural producer of honey is exempted from processing honey in a certified 

honey house or food processing establishment or obtaining a permit by increasing the 

sales limit to less than 500 gallons per year, allowing sales directly to retail stores, and 

requiring the label on the honey container to have in clear and conspicuous print the 

statements, "Honey should not be consumed by infants under 1 year of age" and "This 

product was not produced in a department of health inspected facility and may place you 

at greater risk of contracting a food borne illness or being exposed to environmental 

contaminants," and adding the conditions that the producer attends a department 

approved food safety workshop and passes the food safety certification examination and 

maintains records of honey production volume and honey product distribution for at least 

2 years, making the records available to the department upon request. -- SB2332 SD2 


Mar-08 12 Multiple Referral to AGR then HLT then FIN 

SB2335 RELATING TO SPECIAL MANAGEMENT AREAS. 

Introduced by: English J, Galuteria B, Chun Oakland S, Kidani M 

Amends provisions relating to definitions under the coastal zone management law. 

Redefines development by changing final subdivision approval to tentative or preliminary 

subdivision approval. -- SB2335 


Mar-08 12 Multiple Referral to WLO/ EEP/ then FIN 

SB2337 SD1 (SSCR 2122) RELATING TO TRANSPORTATION. 

Introduced by: English J, Galuteria B, Kahele G, Kidani M 

Allows the department of transportation to extend, modify, alter or amend, upon mutual 

agreement with a concession, the terms of concession contracts, leases, and permits in 

exchange for revenue enhancing improvements made or paid by the concession. -- 

SB2337 SD1 


Mar-08 12 Multiple Referral to TRN then FIN 

SB2339 SD1 (SSCR 2105) RELATING TO ETHANOL. 

Introduced by: English J, Tsutsui S, Kouchi R, Slom S, Kidani M, Chun Oakland S 

Repeals the ethanol content requirement that gasoline sold in Hawaii for use in motor 

vehicles contain 10 per cent of ethanol by volume. -- SB2339 SD1 


Mar-08 12 Multiple Referral to TRN then EEP then FIN 

SB2341 SD2 (SSCR 2675) RELATING TO LAND USE. 


Amends provisions relating to energy feedstock program. Requires the energy feedstock 

program within the department of agriculture to include in agricultural districts agricultural 

tourism activities. -- Amends provisions relating to districting and classification of lands. 

Requires agricultural districts to include agricultural tourist activities, including overnight 

accommodations of 21 days or less, for 1 stay with a county; provided that a county has 

adopted ordinances regulating agricultural tourism. -- Amends provisions relating to 

permissible uses within the agricultural districts. Requires that all lands with soil 

classified by the land study bureau's detailed land classification as overall (master) 

productivity rating class A or B be restricted to permitted uses, including agricultural 

tourist activities, including overnight accommodations of 21 days or less duration for any 

1 stay within a county; provided that the appropriate county has adopted an ordinance 

that specifically authorizes such use. -- Amends provisions relating to zoning. Repeals 

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the provision that agricultural tourism activities are not permissible in the absence of a 

bona fide farming operation and the provision that overnight recommendation not be 

permitted. -- SB2341 SD2 


Mar-08 12 Multiple Referral to AGR/ ERB/ then WLO 

SB2344 SD2 (SSCR 2652) MAKING AN APPROPRIATION FOR THE HAWAII HEALTH AUTHORITY. 


Appropriation to the office of the governor for the Hawaii health authority. ($$) -- SB2344 

SD2 



SB2348 SD2 (SSCR 2751) RELATING TO THE STATE EDUCATIONAL FACILITIES IMPROVEMENT SPECIAL 

FUND. 


Amends provisions relating to state educational facilities improvement special fund. 

Repeals provisions that requires a portion of all general excise tax revenues to be 

deposited into the fund. Limits the expenditure from the fund to projects authorized by 

the legislature for fiscal years ending prior to July 1, 2013 (sunset) and for lease 

payments for financing agreements entered into by the department of education prior to 

July 1, 2012. -- SB2348 SD2 



SB2349 SD1 (SSCR 2569) PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII 

RELATING TO THE STATE EDUCATIONAL FACILITIES IMPROVEMENT SPECIAL 

FUND. 


Proposes to amend the constitution. Repeals the provisions which allows appropriations 

from the state educational facilities improvement special fund to be made for periods 

exceeding 3 years. -- SB2349 SD1 


Mar-08 12 Multiple Referral to EDN then JUD then FIN 

SB2350 SD1 (SSCR 2486) RELATING TO AGRICULTURAL LANDS. 

Introduced by: Dela Cruz D, Solomon M 

Amends provisions relating to districting and classification of lands. Allows agricultural 

districts in any county with a population of 500,000 or less to include ohana dwellings 

provided that ohana dwelling means living quarters attached or detached to a main 

dwelling or within an accessory building located on the same lot as the main dwelling and 

meant to be used in connection with a farm or where agricultural activity provides income 

to the occupants of the farm dwelling. Prohibits the dwelling from being designated as 

a limited common element in a condominium separate for the lot's primary farm dwelling 

units, and prohibits it from being rented in any manner as a single unit separate from the 

primary farm dwelling units. -- SB2350 SD1 


Mar-08 12 Multiple Referral to AGR then WLO/ HSG/ 



Authorizes the issuance of special purpose revenue bonds for the purpose of assisting 

Kauai Coffee Company Incorporated in the planning, construction, and operation of a 

coffee processing facility for the production of Hawaii grown coffee products. Authorizes 

the issuance of refunding special purpose revenue bonds to refund the special purpose 




SB2354 SD1 (SSCR 2497) RELATING TO AGRICULTURAL COMMODITIES. 

Introduced by: Dela Cruz D, Kahele G 

Amends the provisions relating to agricultural commodities; ownership and movement 

certification. Requires every person upon sale of any agricultural commodity or upon 

transportation of lots of any agricultural commodity of more than 200 pounds or with a 

value of at least 100 dollars to complete a certificate describing the commodity, the 

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March 8, 2012 83


amount and value of the commodity and the seller's name, residence address, telephone 

number, and license plate number of any vehicle used by the seller to deliver the 

commodity to the place of purchase; the name of the farm owner and address of origin; 

the name of the buyer or consignee, and destination; and the signature of the seller, and 

upon sale, the signature of the buyer or consignee. Requires the buyer to require the 

seller to verify the seller's identity. Requires the seller to provide the buyer with a 

photocopy of the identification card or license of the seller if the commodity being offered 

for sale has a value of 300 dollars or more. Prohibits any prospective buyer or consignee 

from purchasing an agricultural commodity from a seller if the seller does not provide a 

copy of the ownership and movement certification and verification. -- Amends the 

provisions relating to lack of proof of ownership as a violation by making. Makes the 

failure to maintain required certification while in possession of agricultural commodities 

prima facie evidence of the offense of theft in the 2nd degree. -- Amends provisions 

relating to enforcement; citation and summons by changing it to enforcement; criminal 

penalties. Provides that violation of regulations of farm produce dealers shall be a 

criminal offense. -- Amends provisions relating to the authorization to seize and hold 

commodities; disposition. Defines officer or employee to mean any officer of the 

department of agriculture or person authorized and designated by the board of 

agriculture. -- Amends provisions relating to theft in the 2nd degree. Provides that a 

person commits the offense of theft in the 2nd degree if the person commits theft of 

agricultural commodities marketed for commercial purposes for which the person has 

failed to maintain a certificate of ownership. Possession of agricultural commodities 

without ownership and movement certificates is prima facie evidence that products are 

or have been stolen. -- SB2354 SD1 


Mar-08 12 Multiple Referral to AGR then JUD 

SB2362 SD1 (SSCR 2294) RELATING TO IRRIGATION. 



of agriculture for capital improvements for Kunia agricultural park irrigation system, Kau 

irrigation system, Molokai irrigation system, Waianae irrigation system, and the Waimea 

irrigation system. ($$) -- SB2362 SD1 



SB2375 SD3 (FLOOR RELATING TO AGRICULTURAL-BASED COMMERCIAL OPERATIONS. 

AMENDMENT 5) Introduced by: Dela Cruz D, Solomon M, Nishihara C 

Amends provisions relating to Hawaii right to farm Act. Redefines farming operation to 

include agricultural based commercial operations. -- Amends provisions relating to 

districting and classification of lands. Requires agricultural districts to include agricultural 

based commercial operations, including a producer operated roadside stand for 

displaying and selling fresh agricultural products that were grown in Hawaii and value 

added products that were produced using primarily raw Hawaii agricultural materials; 

retail activities in a producer operated enclosed structure where fresh agricultural 

products grown in Hawaii and value added products produced using raw Hawaii 

agricultural materials, logo items related to the producer's agricultural operations, and 

other food items are offered for sale directly to consumers; and a retail food 

establishment operated by a producer and permitted under the rules of the department 

of health that prepares and serves food at retail using products grown on the premises, 

raw Hawaii agricultural products, and value added products produced using raw Hawaii 

agricultural materials. Requires the operator of an agricultural based commercial 

operation to certify, upon request of an officer or agent charged with enforcement, that 

the agricultural products displayed or sold by the operation meet the requirements. -- 

Amends provisions related to permissible uses within the agricultural districts. Adds 

agricultural based commercial operations to uses permitted within agricultural districts. 

-- SB2375 SD3 


SB2378 SD1 (SSCR 2304) RELATING TO LEGACY LANDS. 

Introduced by: Dela Cruz D, Kidani M, Nishihara C 

Amends provisions relating to acquisition of resource value lands. Requires the board 

of land and natural resources, in consultation with the senate president and the speaker 

of the house of representatives, to require as a condition of the receipt of funds that the 

state and county agencies receiving funds provide a conservation easement or an 

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March 8, 2012 84


agricultural easement or deed restriction or covenant to an appropriate land conservation 

organization or county, state, or federal natural resource conservation agency, that shall 

run with the land and be recorded with the land to ensure the long term protection of land 

having value as a resource to the State and preserve the interests of the State. Requires 

the board of land and natural resources, in consultation with the senate president and the 

speaker of the house of representatives, to require as a condition of the receipt of funds 

that nonprofit land conservation organizations receiving funds shall provide either full or 

partial ownership of a conservation easement to an appropriate county, state, or federal 

natural resource conservation agency, that shall run with the land and be recorded with 

the land to ensure the long term protection of land having value as a resource to the 

State and preserve the interests of the State. -- Amends provisions relating to land 

conservation fund. Requires state and county agencies and nonprofit land conservation 

organizations to submit applications to the department that contains the project's public 

benefits, including but not limited to where public access may be practicable or not 

practicable and why, and results of the applicant's consultation with the staff of the 

department, the department of agriculture, the agribusiness development corporation, 

and the public land development corporation regarding the maximization of public 

benefits of the project, where practicable. -- SB2378 SD1 



SB2381 SD1 (SSCR 2567) RELATING TO DEPARTMENT OF LAND AND NATURAL RESOURCES MARITIME 

FACILITIES. 


Amends provisions relating to powers under the public lands, management and 

disposition act. Allows the department of land and natural resources to plan, construct, 

operate, and maintain any lands or facilities under the jurisdiction of the division of 

boating and ocean recreation, including the acquisition and use of lands necessary to 

stock pile dredged spoils, without the approval of county agencies. -- SB2381 SD1 




ASSIST NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE 

FACILITIES TO THE GENERAL PUBLIC. 

Introduced by: Galuteria B, Ryan P, Tokuda J 


notwithstanding the 5 year bond authorization limitation of which authorizes the issuance 

of special purpose revenue bonds to assist the Queen's health systems by extending the 

period to June 30, 2018 (sunset). -- SB2383 SD1 



SB2386 SD2 (SSCR 2574) RELATING TO THE NATIVE HAWAIIAN ROLL COMMISSION. 

Introduced by: Galuteria B, Ryan P, Kidani M, Kahele G, Solomon M, Tokuda J 

Amends the native Hawaiian roll commission. Requires the native Hawaiian roll 

commission to be responsible for receiving and maintaining documents that verify 

ancestry; cultural, social, or civic connection to the native Hawaiian community; and age 

from individuals seeking to be included in the roll of qualified native Hawaiians. Requires 

these documents be confidential. Prohibits the commission from publishing or releasing 

any verification documents of any qualified Native Hawaiian on the roll. -- SB2386 SD2 



SB2392 SD1 (SSCR 2483) RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING. 


Establishes provisions relating to licensure; acceptance of military education, training, or 

service under the uniform professional and vocational licensing act. Requires every 

licensing authority, notwithstanding any law to the contrary, to consider relevant 

education, training, or service completed by an individual as a member of the armed 

forces or reserves of the US, the national guard of any state, or the military reserves of 

any state, or the naval militia of any state as part of the evaluation process toward the 

qualifications requirements to receive the license. Requires that evidence presented to 

demonstrate substantial equivalency to state standards. -- Requires the licensing 

administrator of the professional and vocational licensing division of the department of 

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March 8, 2012 85


commerce and consumer affairs to communicate the intent and parameters of the act to 

each licensing authority and to submit a report detailing plans for the implementation of 

the act to the legislature. -- SB2392 SD1 



SB2394 SD1 (SSCR 2054) RELATING TO CONSUMER PROTECTION. 


Establishes provisions relating to protection of military; lending practices. Requires the 

director of commerce and consumer affairs to enforce Title 10 US Code, section 987, and 

federal regulations promulgated there under, including but not limited to Title 32 Code of 

Federal Regulations, Part 232. Allows the director to enter into an agreement with the 

US Federal Trade Commission to allow the director to access the Consumer sentinel / 

military database, part of the Consumer Sentinel Network. -- SB2394 SD1 



SB2395 SD1 (SSCR 2537) RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING. 


Establishes provisions under uniform professional and vocational licensing act. 

Establishes provisions relating to licensure by endorsement or licensure by reciprocity; 

experience requirements. Allows an applicant for licensure by endorsement or licensure 

by reciprocity who is a nonresident military spouse to demonstrate competency in a 

specific profession or vocation as determined by the licensing authority in lieu of a 

requirement that the applicant has worked or practiced in that profession or vocation for 

a specified period of time prior to the application for licensure by endorsement or 

licensure by reciprocity. Requires the licensing authority to expedite consideration of the 

application and issuance of a license by endorsement or license by reciprocity to a 

nonresident military spouse to whom these provisions apply. Establishes provisions 

relating to licensure by endorsement or licensure by reciprocity; initial acceptance by 

affidavit; temporary license. Provides that if a nonresident military spouse holds a current 

license in another state, district, or territory of the US with licensure requirements that the 

licensing authority determines are equivalent to or exceed those established by the 

licensing authority of this State, that nonresident military spouse shall receive a license 

pursuant to applicable statutes or requirements of the licensing authority of this State 

regarding licensure by endorsement or licensure by reciprocity; provided that the 

nonresident military spouse meet certain specifications. Requires the licensing authority 

to issue to nonresident military spouses temporary licenses to allow them to perform 

specified services, under the supervision of a professional licensed by this State if 

appropriate, while completing any requirements necessary for licensure in this State; 

provided that a temporary license shall only be issued in those professions where 

credentials, experience, or passage of a national exam is substantially equivalent to or 

exceed those established by the licensing authority of this State. Requires the licensing 

authority to expedite consideration of the application and issuance of a license by 

endorsement, license by reciprocity, or temporary license to a nonresident military 

spouse to whom these provisions apply. -- SB2395 SD1 



SB2396 SD2 (SSCR 2594) RELATING TO THE HAWAII PAROLING AUTHORITY. 

Introduced by: Espero W, Kidani M 

Amends provisions relating to service of Hawaii paroling authority members; 

compensation; expenses under corrections law. Increases the number of members on 

the authority to 5 by adding 2 part time members. Replaces set salary requirement of the 

chairperson of the Hawaii paroling authority with new requirement that it be established 

by the governor. -- Appropriation. ($$) -- SB2396 SD2 



SB2397 SD1 (SSCR 2055) RELATING TO FIRE SPRINKLERS. 

Introduced by: Espero W (BR) 

Establishes provisions relating to fire sprinklers; residences. Prohibits any county from 

requiring the installation or retrofitting of automatic fire sprinklers or an automatic fire 

sprinkler system in any new or existing detached 1 or 2 family dwelling unit in a structure 

used only for residential purposes. -- SB2397 SD1 

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Mar-08 12 Multiple Referral to HSG then PBM then FIN 

SB2398 SD2 (SSCR 2677) RELATING TO TATTOO ARTISTS. 


Establishes provisions relating to restrictions on sale of tattoo supplies. Prohibits tattoo 

supplies from being sold to any person under 18, any person not licensed as a tattoo 

artist; or any tattoo shop without a permit. Establishes provisions relating to blood test 

required for licensure. Requires applicants for a license to pass a blood borne pathogen 

test developed specifically for the tattoo industry and approved by the director of health 

as a prerequisite for licensure. Requires licensee to pass the blood borne pathogen test 

every 4 years after the initial test for licensure. Amends provisions relating to permit; 

required for tattoo shop and temporary locations. Repeals reference to trade shows 

under conditions for which a temporary permit may be issued, prohibits body 

modifications and body piercings under a temporary permit for a product demonstration 

or an educational demonstration, and prohibits tattoo trade shows from the State. -- 

Amends provisions relating to license required; exemptions by repealing trade shows 

from types of temporary licenses the department is allowed to issue to tattoo artists. -- 

Establishes a tattoo artist task force to review chapter 17, Hawaii Administrative Rules, 

relating to tattoo artists, with the goal of enhancing the regulation of tattoo artists. Report 

to the legislature. Requires the Legislative Reference Bureau to assist the task force. -- 

Requires licensed tattoo artists to pass a blood borne pathogen test developed 

specifically for the tattoo industry and approved by the director to continue licensure. -- 

SB2398 SD2 


Mar-08 12 Multiple Referral to HLT then CPC then LMG 

SB2399 SD2 (SSCR 2628) RELATING TO URBAN ART. 


Establishes a pilot program for the creation of urban art under the direction of the state 

foundation on culture and the arts. Requires the foundation to establish procedures that 

permit an individual or individuals to create urban art on property owned in fee simple by 

the State. Defines urban art to mean any painting or artistic work composed of 

arrangements of color or white that includes mosaics, murals, stencil art, and other art 

media and techniques. Report to the legislature. Project repealed on June 30, 2015 



Mar-08 12 Multiple Referral to CUA then FIN 

SB2402 SD1 (SSCR 2213) RELATING TO LIGHT POLLUTION. 


Establishes provisions relating to night sky protective strategy. Requires after June 30, 

3013 that all state agencies comply with shielded lighting fixture requirements, whereby 

every new outdoor light fixture emitting more that 3000 lumens installed be required to 

be fully shielded and have a correlated color temperature of 3800 Kelvin or less; provided 

that the impact of artificial light on shoreline and ocean waters be subject to provisions 

relating to artificial light on shoreline and ocean waters. Prohibits new mercury vapor 

lamps from being sold or installed in the state after June 30, 2013 (sunset). Requires the 

retrofit work or replacement of existing lighting fixtures meet specific standards. Identifies 

specific lighting sources that are exempt. -- SB2402 SD1 


Mar-08 12 Multiple Referral to TRN then EEP/ ERB/ then FIN 

SB2412 SD2 (SSCR 2734) RELATING TO CONTRACTS. 

Introduced by: Wakai G, Chun Oakland S 

Establishes provisions relating to performance bond under contractors law. Allows a 

contractor or subcontractor to execute a bond for the faithful performance of a contract. 

Requires the bond to be approved by the owner, contractor, or subcontractor entitled to 

withhold retainage. The bond shall require the obligations of the contract be performed, 

payment be made promptly to all persons supplying labor or material to the contractor 

or subcontractor, contributions due under state law from the contractor or subcontractor 

be made promptly, and all sums required to be deducted and retained from the wages 

of employees of the contractor or subcontractor pursuant to state law be paid over to the 

department of taxation. If no bond is obtained allows the owner, contractor, or 

subcontractor to withhold the percentage of the contract price of the work completed as 

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March 8, 2012 87


retainage as agreed by the parties. Requires interest of 1 1/2 per cent per month on the 

final payment due a contractor or subcontractor who did not obtain the bond. -- Amends 

provisions relating to prompt payment under expenditure of public money and public 

contracts law. Changes the time within which any money paid to a contractor is to be 

disbursed to subcontractors from 10 to 7 days. Requires interest of 1 1/2 per cent for 

delay of more than 7 days of periodic or final payment absent a bona fide dispute over 

performance. Requires full payment less authorized deductions to be made to 

subcontractors who complete 100 per cent of their contract by or before the project is 50 

per cent complete if the subcontractor has performed satisfactorily contingent on 

approval or certification of acceptable work. Upon receipt of approval or certification the 

procurement officer is required to reduce the retainage for those subcontractors to 1/2 

per cent. Requires that payment be made no later than 60 days following receipt of the 

subcontractor's request or immediately upon receipt of the surety's consent, whichever 

is later. Requires the inclusion of structural steel, piling, caisson, and rebar steel, and 

demotion as early finishing subcontractors. Requires bid documents to list the 

inspections required by the procurement officer before accepting the work and any 

financial information required by the procurement officer to release payment to the 

subcontractors. -- SB2412 SD2 


Mar-08 12 Multiple Referral to ERB then CPC/ JUD/ 

SB2419 SD2 (SSCR 2685) RELATING TO PERSONAL INFORMATION. 


Establishes provisions relating to unlawful use of certificate of identification or driver's 

license. Prohibits any business from scanning the machine readable zone of the 

individual's certificate of identification or driver's license to use or retain any information 

contained therein, except for limited purposes. -- Amends the social security number 

protection law by changing it to the personal information protection law. -- SB2419 SD2 


Mar-08 12 Multiple Referral to TRN then ERB then JUD 

SB2421 SD1 (SSCR 2538) RELATING TO PUBLIC ACCOUNTANCY. 

Introduced by: Baker R, Tsutsui S, English J, Chun Oakland S 

Repeals and replaces provisions relating to peer review process under the public 

accountancy law. Amends Act 66, session laws of 2010, by repealing the requirement 

that the board of accountancy adopt rules relating to the repealed peer review provision. 

-- SB2421 SD1 



SB2422 SD1 (SSCR 2333) RELATING TO TOBACCO PRODUCTS. 

Introduced by: Baker R, Chun Oakland S 

Amends provisions relating to the cigarette tax and tobacco tax law. Establishes a tax 

equal to 70 per cent of the wholesale price or 3.20 dollars for each article or item or 

tobacco products other than large cigars sold by the wholesaler or dealer. -- SB2422 SD1 



SB2424 SD2 (SSCR 2794) RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS. 


Amends provisions relating to professional employer organizations. Establishes the 

professional employer organization special fund administered by the department of labor 

and industrial relations to implement and operate the registration of organizations. 

Requires organizations to notify the department of any judgment, award, or disciplinary 

sanction imposed against the organization for violating a statutory provision in an 

enforcement action brought by a state or federal regulatory agency. Establishes a 

penalty. Authorizes the director of labor and industrial relations to deny, suspend, 

revoke, deny renewal of registration of any organization or impose a penalty under 

specified conditions. Establishes provisions relating to fees. Prohibits applicants from 

registering unless fees are paid. Establishes unspecified fees the department of 

commerce and consumer affairs is required to collect pursuant to professional employer 

organizations law until such time that the director amends the fees by rule. Establishes 

provisions relating to the responsibilities and duties of the director; professional employer 

agreements; failure to comply; penalty; injunction; hearings; judicial review by circuit 

court; payroll cost exemption. Amends provisions relating to definitions by defining 

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March 8, 2012 88


assurance organization, controlling person, and department, and redefining client 

company to mean any person that contracts with a professional employer organization 

and is assigned employees by the professional employment organization under that 

contract, professional employer organization or organization to mean a business entity 

that offers to co employ employees that are assigned to the worksites of its client 

companies, changing temporary help services to temporary help and redefining it to 

mean an organization hires its own employees and assigns them to a client company to 

support or supplement the client's workforce in a special situation, including an employee 

absence, a temporary skill shortage, a seasonal workload, or a special assignment or 

project. Amends provisions relating to registration required. Changes expiration of 

registration to June 30 of each even numbered year, and requires the director to mail a 

renewal application for registration before June 30 of each even numbered year. 

Requires failure to renew a registration to result in forfeiture and provides restoration 

specifications. Repeals requirement that the director establish fees and requirements for 

registration, maintenance, renewal, and restoration for professional employer 

organizations. Provides specification for electronic filing. Amends provisions related to 

bond required by changing bond requirement of 250,000 dollars to 250,000 dollars for 

professional employer organizations consisting of fewer than 100 full time or part time 

employees and for all other professional employer organizations an amount equal to 1 

per cent of the organization's prior year's total wages, benefits, workers' compensation 

premiums, and unemployment compensation contributions or a 1,000,000 dollar bond, 

whichever is less provided that the bond is required to be a minimum of 500,000 dollars, 

provides bond specifications, and allows alternatively a professional employer 

organization that is a member of an assurance organization to post a bond through the 

assurance organization provided that coverage consists of a bond of at least 1,000,000 

dollars issued by an A rated surety company plus a 10,000,000 dollar excess bond 

providing umbrella coverage for the benefit of the State, client companies, and client 

company employees. Allows the director or any person claiming to have sustained 

damage resulting from noncompliance of a professional employer organization to bring 

an action on the bond to recover the damage therefrom and allows the director to deposit 

all or any part of the sum of the bond with a court. -- Amends provisions relating to 

additional exemptions under general excise tax law. Changes references to employment 

organizations to employer organizations. -- Repeals professional employment 

organizations law. -- Allows the director to establish specified positions to carry out the 

purposes of the professional employer organizations law. Appropriation. ($$) -- SB2424 

SD2 


Mar-08 12 Multiple Referral to ERB then CPC/ JUD/ then FIN 


Introduced by: Baker R, Kouchi R, Chun Oakland S, Green J 

Establishes provisions relating to commission best practices. Requires the public utilities 

commission to implement best practices. Further requires the commission to establish 

a system to gather, assess, and update utility and regulatory best practices. Report to 

the legislature. Appropriation out of public utilities commission special fund. ($$) -- 

SB2427 SD2 



SB2429 SD2 (SSCR 2709) RELATING TO FORECLOSURES. 

Introduced by: Baker R, Galuteria B, Tsutsui S, Fukunaga C, Dela Cruz D, English J, Ige 

D, Ihara L, Chun Oakland S 

Amends provisions relating to planned community associations by establishing provisions 

relating to association fiscal matters; lien for assessments, association fiscal matters; 

collection of unpaid assessments from tenants or rental agents, and release of recorded 

liens of units by associations. -- Amends provisions relating to the mortgage foreclosures 

law by establishing provisions relating to association alternate power of sale foreclosure 

process. -- SB2429 SD2 



SB2432 SD1 (SSCR 2484) RELATING TO THE ONE CALL CENTER. 

Introduced by: Baker R, Kahele G, Green J, Tsutsui S, Kidani M, Chun Oakland S, 

Tokuda J, English J 

Amends definitions under 1 call center; advance warning to excavators law. Amends 

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definition of excavation by specifying that the exclusion of any regulated pest control 

activity is that which is not performed under contract with any county or state agency. -- 

Requires the public utilities commission to require any operator exempt from 

requirements of the 1 call center to participate in training seminars on excavation 

requirements and best practices to minimize risks. -- Requires the public utilities 

commission to conduct an investigation assessing the risk of residential pest control 

application. Report to the legislature. -- Amends provisions relating to Act 72, session 

laws of 2009, relating to the 1 call center, by extending the sunset date to June 30, 2014. 

-- SB2432 SD1 



SB2433 SD2 (SSCR 2624) RELATING TO CHALLENGE COURSE TECHNOLOGY. 

Introduced by: Baker R, Chun Oakland S, Green J, Kidani M, Tsutsui S 

Establishes the ziplines and canopy tours law. Requires zipline and canopy tour 

operators to construct, install, maintain, and operate all ziplines and canopy tours in 

accordance with challenge course standards; ensure that ziplines and canopy tours are 

inspected at least annually by the department of labor and industrial relations or a 

qualified challenge course professional (QCCP) inspector; train employees operating 

ziplines and canopy tours in accordance with challenge course standards; procure and 

maintain commercial general liability insurance against claims for personal injury, death, 

and property damages occurring upon, in, or about the zipline or canopy tour; and 

maintain the following records of proof of insurance; inspection reports; maintenance 

records; and participant acknowledgment of risks and duties. Requires annual permit for 

a fee by the department to operate. Requires the department to certify QCCP inspectors. 

-- SB2433 SD2 


Mar-08 12 Multiple Referral to ERB/ TOU/ then CPC/ JUD/ then 

FIN 

SB2434 SD1 (SSCR 2431) RELATING TO THE HAWAII HEALTH INSURANCE EXCHANGE. 

Introduced by: Baker R, Green J, Tsutsui S, Kidani M, Chun Oakland S 

Amends provisions relating to the Hawaii health insurance exchange law. Establishes 

provisions relating to separate programs for individual market and small group market; 

participation by insurers. Requires the connector to establish a separate program and 

risk pool to serve each the individual market and the small group market. Requires 

insurers who offer a qualified plan or qualified dental plan to the small group market to 

also offer qualified plans or qualified dental plans to the individual market of the 

connector. Allows the insurance commission to waive requirement. Requires all insurers 

who participate in the connector to make plans available to all residents of the state. 

Requires insurers offering a qualified plan through the connector to establish a separate 

risk pool for its plans offered in the individual market and in the small group market. -- 

Establishes provisions relating to the navigator program. Requires the board of directors 

of the Hawaii health connector to establish a navigator program consistent with federal 

law. Allows the connector to award grants to entities selected by the board to serve as 

navigators who meet certain qualifications. Prohibits insurance producers or insurance 

brokers from serving as navigators. Prohibits federal funds from being used to fund 

grants to navigators. -- Amends provision relating to board of directors; composition; 

operation. Adds to requirement that the governor submit nominations no later than 

February 1, 2012, that the governor submit nominations no later than February 1 in any 

year thereafter in which nominations are made. Changes requirement that the interim 

board recommend a schedule for staggered terms with requirement that the board 

members be appointed to 4 year staggered terms. by changing requirement that the 

interim board recommend a schedule for staggered terms with requirement that the board 

members be appointed to 4 year staggered terms. -- Amends provisions relating to 

eligibility determination for applicants in medicaid adult and children's health insurance 

program by changing the requirement that the department of human services' 

determination and verification of eligibility enables purchases of plans through the 

connector to requiring the department to make a determination of eligibility for each 

individual who applies through the connector unless the applicant declines an eligibility 

determination. -- SB2434 SD1 



SB2435 SD1 (SSCR 2583) RELATING TO INFORMATION ACCESS. 

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Introduced by: Baker R, Green J, Tokuda J, Tsutsui S, Espero W, English J, Fukunaga 

C, Kidani M, Chun Oakland S 

Appropriation to the vocational rehabilitation and services for the blind division of the 

department of human services to maintain a telephone base audible information access 

service. ($$) -- SB2435 SD1 



SB2436 SD1 (SSCR 2533) RELATING TO PRESCRIPTION DRUG. 


Establishes provisions relating to prescription drug prior authorization. Requires the 

director of human services to establish a uniform prior authorization form for prescription 

drugs and to consult with health care insurance providers, prescribers, and the Hawaii 

Pharmacists Association when developing the form and take into consideration existing 

prior authorization forms established by the federal Centers for Medicare and Medicaid 

Services and national standards pertaining to electronic prior authorization. Requires the 

form to meet specified criteria. -- SB2436 SD1 




Introduced by: Baker R, Fukunaga C, Galuteria B, Espero W, Chun Oakland S, Ige D, 

Ihara L, Green J, Tsutsui S 

Amends provisions relating to general powers and duties under public utilities 

commission law. Allows the public utilities commission, in making its final determination 

on renewable energy projects, to take into consideration the economic impact of such 

projects, balancing costs to consumers, job creation, capital attraction, increased 

revenues, and other critical indicators; provided that the department of business, 

economic development, and tourism shall 1st provide the commission with the 

appropriate analysis for consideration. -- SB2438 SD1 


Mar-08 12 Multiple Referral to EEP then CPC 

SB2444 SD1 (SSCR 2040) RELATING TO UNIFORM COMMERCIAL CODE ARTICLE 9. 


Establishes provisions relating to transition provisions for 2010 amendments under 

secured transactions under the uniform commercial code. Includes provisions for public 

organic record, rules for collateral, information statements. -- SB2444 SD1 



SB2447 RELATING TO HIGHWAY SAFETY. 

Introduced by: Kim D, Kahele G, Dela Cruz D, Espero W, Ige D, Tokuda J, Kouchi R, 

Kidani M, Gabbard M, English J 

Amends provisions relating to certificates of inspection. Requires all other vehicles, 

including motorcycles, trailers, semitrailers, and pole trailers have a gross vehicle weight 

rating of 10,000 pounds or less, and antique motor vehicles are to be certified every 12 

months; provided that any vehicle to which this law applies is not to require inspection 

(safety check) within 3 years of the date on which the vehicle was 1st sold. -- SB2447 



SB2457 SD2 (SSCR 2615) RELATING TO PROCUREMENT. 


Amends provisions relating to the Hawaii public procurement code. Establishes 

provisions requiring the state procurement office to keep statistics on solicitations and 

awards protested. -- Amends provisions relating to authority to resolve protested 

solicitations and awards. Allows the chief procurement officer or a designee to settle and 

re solve a protest concerning the solicitation or award of a contract within 10 business 

days after the receipt of the protest. Requires a record of the protest to be compiled and 

include evidence received or considered, including oral testimony, exhibits, and a 

statement of the matters officially noticed, and proposed findings of fact. -- Amends 

provisions relating to administrative proceedings for review. Requires the several 

hearings officers appointed by the director of the department of commerce and consumer 

affairs to have jurisdiction to review and determine any request from any bidder, offeror, 

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contractor, person, or governmental body aggrieved by a determination of the chief 

procurement officer, head of a purchasing agency, or a designee of either officer. 

Provides that the party shall have the burden of proof, including the burden of producing 

evidence as well as the burden of persuasion. -- SB2457 SD2 



SB2460 RELATING TO AGRICULTURE. 

Introduced by: Nishihara C, Kahele G, Tokuda J 

Amends provisions relating to pest inspection, quarantine, and eradication fund. 

Requires expenditure from the fund for the electronic importer manifest program. 

Appropriation out of the pest inspection, quarantine, and eradication fund to implement 

the electronic importer manifest program. ($$) -- SB2460 





Amends provisions relating to condominium property regimes. Requires that adequate 

time be allowed during the special meeting for the petitioners to address their concerns 

for which the meeting was called. Prohibits an association from adopting any rules 

regarding association meetings that would otherwise require a vote of a majority of the 

quorum to change those rules. -- SB2465 SD1 



SB2466 SD2 (SSCR 2644) RELATING TO LONG-TERM CARE FACILITIES. 


Establishes the nursing facility sustainability program law. Establishes the nursing facility 

sustainability program special fund administered by the department of human services 

into which shall be deposited revenues from the nursing facility sustainability fee and 

federal matching funds. Provides that 95 per cent of the fee shall match federal medicaid 

funds with the combined total to be used to enhance capitated rates to the QUEST and 

QUEST expanded access plans for the purpose of increasing medicaid nursing facility 

payments to the maximum permitted by federal law. Requires the department to charge 

and collect a provider fee on health care items or services provided by nursing facilities. 

Requires nursing facilities to pay the nursing facility sustainability fee on a per resident 

day basis exclusive of medicare resident days. Establishes penalties. -- SB2466 SD2 



SB2467 SD2 (SSCR 2767) RELATING TO HOSPITALS. 


Establishes the hospital sustainability program law. Establishes the hospital 

sustainability program special fund into which shall be deposited revenues from the 

hospital sustainability fee, federal matching funds, and other moneys. Provides that no 

less than 95 per cent of the fee shall go to match federal medicaid funds, with the 

combined total to be used to enhance capitated rates to the QUEST and QUEST 

expanded access plans for increasing medicaid hospital payments to the maximum 

permitted by federal law; to match any remaining federal uncompensated care cost funds 

under the current Section 1115 waiver; or to match any additional federal medicaid funds 

available for uncompensated care. Requires the department to charge and collect a 

provider fee on health care items or services provided by hospitals. Establishes 

penalties. -- SB2467 SD2 



SB2469 SD1 (SSCR 2514) RELATING TO MEDICAL CLAIM CONCILIATION. 


Amends provisions relating to medicine and surgery law and the medical torts law by 

repealing claim and replacing with inquiry. -- SB2469 SD1 


Mar-08 12 Multiple Referral to HLT then JUD then FIN 

SB2472 SD2 (SSCR 2777) RELATING TO PATIENT-CENTERED MEDICAL HOMES. 

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Requires the department of human services to prepare a medicaid state plan amendment 

to participate in the US Centers for Medicare and Medicaid Services patient centered 

medical home initiative under the health home provision in the Patient Protection and 

Affordable Care Act (section 2703(a), P.L. 111-148), which provides an opportunity to 

build a patient centered system of care that achieves improved outcomes for patients and 

better services for enrollees in state medicaid programs. Requires the healthcare 

transformation coordinator to develop a process to coordinate the med QUEST patient 

centered medical home initiative and the medical home efforts of private health insurance 

plans in the state and develop and harmonize defined measures to report and evaluate 

outcomes in terms of quality and costs. Requires the coordinator to consult with 

specified persons for specified purposes. Provides time schedule for and requires 

presentation and preliminary report. Reports to the legislature. Appropriation for the 

department to implement a patient centered medical home pilot with federal matching 

funds. Appropriation to support the position of the healthcare transformation coordinator 

and staff in the office of the governor. ($$) -- SB2472 SD2 


Mar-08 12 Multiple Referral to HUS/ HLT/ then CPC then FIN 


Introduced by: Kidani M, Tokuda J, Ige D, Galuteria B, Ryan P, Dela Cruz D, Baker R, 

Tsutsui S, Espero W, English J, Nishihara C, Chun Oakland S, Kahele G 

Provides an income tax credit for certain expenses of school teachers. -- SB2484 SD2 



SB2486 SD1 (SSCR 2451) RELATING TO THE PENAL CODE. 

Introduced by: Kidani M, Espero W, Shimabukuro M, Chun Oakland S 

Amends provisions relating to terroristic threatening, defined. Adds that a person 

commits the offense of terroristic threatening if the person threatens to harm pets or 

livestock of another. -- SB2486 SD1 



SB2489 SD2 (SSCR 2657) RELATING TO THE MILITIA. 

Introduced by: Kidani M, Ryan P, Galuteria B 

Provides a national guard employee insurance income tax credit for an employer who 

maintain the insurance coverage for members of the national guard for the duration of 

the guard's state active duty. -- Amends provisions relating to militia / national guard. 

Authorizes the governor to order the national guard or other component of the militia into 

active service for a public disaster or danger from flood, fire, storm, earthquake, civil 

disturbances, or terrorist events. Also to provide support to other states in response to 

a request for assistance and to detect, prevent, prepare for, investigate, respond to, or 

recover from any of the events for which an order to active service may be made. 

Authorizes the adjutant general to order the national guard or other component of the 

militia into active service for nonemergency purposes. Provides national guard members 

the right to the Servicemembers Civil Relief Act and the Uniformed Services Employment 

and Reemployment Rights Act. -- SB2489 SD2 


Mar-08 12 Multiple Referral to PBM then ERB then FIN 

SB2492 SD1 (SSCR 2452) RELATING TO ANIMAL CRUELTY. 


Establishes prevention of cruelty to dogs law. Prohibits a person from owning, 

possessing, controlling, or otherwise have charge or custody of more than 30 dogs over 

the age of 6 months with intact sexual organs. Requires any person having custody or 

owning more than 10 dogs over the age of 4 months with intact sexual organs to provide 

minimum care requirements and record keeping. Establishes prohibitions on certain 

types of dogs in the same enclosure. Makes it a misdemeanor or a charge of animal 

cruelty if warranted. -- SB2492 SD1 



SB2493 SD1 (SSCR 2176) RELATING TO CAMPAIGN SPENDING. 


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Amends provisions relating to elections. Authorizes the campaign spending commission 

to investigate any treasurer for reports required by the commission. Changes filing dates 

for reports. Requires reports to include the amount and date of each contribution made 

and the name and address of the candidate committee or noncandidate committee to 

which the contribution was made. Requires the stated purpose of an independent 

expenditure include the name of the candidate who is supported or opposed by the 

expenditure, and whether the expenditure supports or opposes the candidate. -- SB2493 

SD1 





Establishes provisions relating to prevention of cruelty to dogs law. Prohibits a person 

from owning, possessing, controlling, or otherwise have charge or custody of more than 

30 dogs over the age of 1 year with intact sexual organs. Requires any person who 

owns, possesses, controls, or otherwise has custody of more than 10 dogs over the age 

of 4 months with intact sexual organs to provide minimum care requirements and record 

keeping. Establishes prohibitions on certain types of dogs in the same enclosure. 

Makes it a misdemeanor or a charge of animal cruelty if warranted. -- Establishes 

provisions relating to dog breeders; license required; fees; minimum requirements; 

premises available for inspection; civil penalties. Prohibits any person to own or operate 

as a dog breeder unless the person obtains a valid license as a dog breeder. Allows 

each county to issue licenses to commercial dog breeders and to fix license fees. Allows 

each county to establish minimum standards regarding the housing and treatment of 

dogs in commercial dog breeding operations. Requires the commercial dog breeder 

licensee to make its premises available for unannounced inspection by the county or the 

county's designee. Establishes a civil penalty for operating without a license. -- Amends 

provisions relating to contracts for seizing and impounding dogs. Allows any county to 

contract with any society or organization formed for the prevention of cruelty to animals, 

or similar dog protective organization for the seizure and impounding of all unlicensed 

dogs owned by a dog breeder and dogs owned by a person acting in the capacity of or 

engaged in the business of a dog breeder within the county without a dog breeder license 

not in compliance with this law. -- SB2494 SD1 


Mar-08 12 Multiple Referral to JUD/ CPC/ then FIN 

SB2495 SD1 (SSCR 2516) RELATING TO THE PENAL CODE. 


Establishes provisions relating to maintaining a property nuisance. Establishes that a 

person commits the offense of maintaining a property nuisance by owning, leasing, 

occupying, or having charge or possession of any residential property and maintaining 

that property in such a manner that any 1 or more of the following conditions or activities 

is allowed to exist or continue: keeping, storing, depositing, or accumulating on improved 

or unimproved real property any personal property that is within the view of persons on 

adjacent or nearby real property or public highway when the person's property constitutes 

visual blight; keeping, storing, depositing, or accumulating dirt, sand, gravel, concrete, 

or other similar materials that constitute visual blight, operating a junk yard or automobile 

dismantling yard, permitting standing or stagnant water to accumulate, allowing vermin 

and insets to live, breed, and multiply, creating, permitting, or maintaining any dangerous, 

unsightly, or blighted condition that constitutes visual blight, attracting and providing a 

place of temporary abode for vagrants, interlopers, or trespassers, and creating, 

permitting, or maintaining any condition recognized in law or in equity as constituting a 

public nuisance. Makes it a misdemeanor. -- SB2495 SD1 



SB2496 SD1 (SSCR 2517) RELATING TO LANDOWNER LIABILITY. 


Establishes provisions relating to liability for maintenance of property nuisance. 

Establishes that a person may be held personally liable in damages for injury or trespass, 

whether direct or indirect, including the diminution of property valuation, to another 

person or property of the other person proximately caused by the maintenance of a 

residentially zoned property nuisance. Requires a person engaging in conduct that 

constitutes the maintenance of a property nuisance involving 3 or more residentially 

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zoned separate properties within a 1 mile radius from a claim arising out of maintenance 

of a property nuisance and judgment is entered for the person who is asserting the claim, 

the person shall be awarded a sum equal to 3 fold damages sustained by that person. 

-- SB2496 SD1 



SB2497 RELATING TO THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT. 


Establishes the uniform interstate depositions and discovery act law. Establishes 

procedures for issuance and service of subpoenas and applications to the court. -- 

SB2497 





Establishes provisions relating to reporting of dog or cat captured or killed in snare or 

trap. Requires that any dog or cat captured or killed in any steel jawed leg hold trap, 

snare, conibear trap, or foot or leg hold trap in an area zoned as residential is to 

immediately be checked for identification and reported to a county animal control officer 

and, upon request, is to be turned over to the animal control officer. -- Establishes 

provisions relating to cruelty to animals by trapping. Provides that a person commits the 

offense of cruelty to animals by trapping if the person intentionally, knowingly, or 

recklessly uses, sets, or maintains a steel jawed leg hold trap, a snare, conibear, or foot 

or leg hold trap in an area zoned as residential or any other area where such trap is 

prohibited by law or rule. Exempted from these provisions are persons carrying out 

accepted practices for rodent control; and employees or authorized agents of state or 

federal agencies who are carrying out activities required under a management plan 

approved by state or federal agencies if pursuant to a mandatory statutory duty for the 

protection of species listed as threatened or endangered species, and other wildlife 

species protected by laws. Cruelty to animals is a misdemeanor. -- SB2502 SD1 





Amends provisions relating to forfeiture of animal prior to disposition of criminal charges 

include equine. Provides that in addition to any reasonable costs incurred by the 

petitioner in the caring for the pet animal or equine animal, the petitioner is entitled to an 

award of attorney's fees and court costs incurred by the petitioner in the filing of the 

petition for the forfeiture of the pet animal or equine animal as restitution following 

conviction of the defendant. -- SB2503 SD1 



SB2504 SD2 (SSCR 2565) RELATING TO THE SALE OF DOGS AND CATS. 


Establishes sale of dogs and cats law. Requires retail pet store to implant an 

identification microchip in a dog or cat prior to the sale or exchange of the dog or cat, 

register that microchip with the appropriate microchip company, and provide the 

microchip information to the purchaser. Requires a retail pet store to have the purchaser 

complete the appropriate county dog licensing form, collect the appropriate fees, and 

submit the form and payment to the respective county agency who issues dog licenses. 

Requires the pet seller to deliver to the retail pet store, who shall deliver the following 

information to the purchaser, the breeder's name and address and license information, 

the date of the dog or cat's birth, the date the pet seller or retail pet store received the 

dog or cat, the breed, sex, color, and identifying marks of the dog or cat, veterinarian 

information regarding treatment, known diseases or illnesses and whether spayed or 

neutered. Prohibits any person to sell, exchange, give away, display for commercial 

purposes, or trade for monetary or other compensation any dog or cat in any public 

place. Establishes penalties. -- SB2504 SD2 


Mar-08 12 Multiple Referral to ERB then CPC/ JUD/ then FIN 

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SB2505 SD1 (SSCR 2491) RELATING TO TEMPORARY RESTRAINING ORDERS. 


Amends provisions relating to temporary restraining order. Requires that if the basis of 

the ex parte temporary restraining order is sworn oral testimony, the sworn oral testimony 

is to be reduced in writing in the form of a written petition or complaint and filed with the 

court prior to or no later than 1 business day after the issuance of the ex parte temporary 

restraining order. Requires the sworn oral testimony or complaint to be communicated 

to the court by telephone, radio, or other means of electronic voice communication. -- 

Amends provisions relating to power to enjoin and temporarily restrain harassment. 

Provides that the court may issue an order upon sworn oral testimony or complaint of an 

applicant who is not physically present if the court determines the exigent circumstances 

exist sufficient to excuse the failure of the applicant to appear personally and that 

sufficient grounds for granting the application have been shown. -- SB2505 SD1 



SB2506 SD2 (SSCR 2669) RELATING TO CIVIL IDENTIFICATION. 


Transfers the power, function, and duties of the department of the attorney general as 

they relate to the civil identification program to the department of transportation. -- 

Establishes provisions relating to issuance of identification card or temporary card under 

the highway safety law. Requires the examiner to drivers to issue cards. Establishes the 

state identification card fee special fund to be administered by the director of 

transportation to be used for the card program. Requires the counties to be reimbursed 

for the costs incurred in the administration of the card program. -- Repeals, repealed 

background check provisions. -- SB2506 SD2 



SB2508 SD2 (FLOOR RELATING TO CAMPAIGN REPORTING LAWS. 

AMENDMENT 2) Introduced by: Hee C 

Amends provisions relating to the time for candidate committee to file preliminary, final, 

and supplemental reports. Changes certain deadlines for campaign spending preliminary 

reports. -- SB2508 SD2 




Introduced by: Gabbard M, Chun Oakland S, Kidani M 

Establishes provisions relating to single use checkout bag fee under the solid waste 

pollution law. Beginning January 1, 2013, requires businesses to charge and collect a fee 

of 10 cents for each single use checkout bag that is provided to customers. Requires if 

after July 1, 2016, the department of health determines that the statewide distribution of 

single use checkout bags has not decreased by at least 75 per cent the fee shall 

automatically increase to 25 cents on January 1, 2017. Allows businesses to retain 20 

per cent of fees through December 31, 2013, and 10 per cent from January 1, 2014. 

Requires the department to deposit all fees collected under this part into a special 

account in the environmental management special fund and that the 1st 800,000 dollars 

per year shall be expended by the department for administrative, education, audit, 

compliance, and enforcement activities associated with collection of the single use 

checkout bag fee and from any remaining balance 20 per cent shall be deposited into the 

environmental response revolving fund and 80 per cent shall be deposited into the 

natural area reserve fund. Provides that violations are subject to a fine of not less than 

1,000 dollars. Allows the director of health to institute civil actions for injunctive and other 

relief. Prohibits act from preempting county ordinance and provides that the fee shall 

apply to single use bags that are not prohibited or restricted by a county ordinance. 

Allows counties to enact more stringent ordinances to control or prohibit single use 

checkout bags. Requires businesses which are required to charge and collect fees to 

submit an annual report with specified information as well as a 1 time report for the 2012 

calendar year. The records of each business are required to be made available upon 

request for inspection by the department. Requires such information to be kept 

confidential with specified exceptions. -- Reports to the legislature. -- SB2511 SD2 


Mar-08 12 Multiple Referral to EEP then ERB then FIN 

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SB2512 SD2 (SSCR 2716) RELATING TO SUSTAINABILITY. 

Introduced by: Gabbard M, Chun Oakland S, Nishihara C 

Amends Act 73, session laws of 2010, by changing the Hawaii economic development 

task force to the Hawaii food and energy security council. Annual reports to the 

legislature until 2014. Council to cease to exist on June 30, 2014 (sunset). -- SB2512 

SD2 


Mar-08 12 Multiple Referral to EEP then AGR then FIN 

SB2518 SD1 (SSCR 2048) RELATING TO MOTOR AND OTHER VEHICLES. 

Introduced by: Ryan P, Galuteria B, Chun Oakland S, Espero W, Shimabukuro M, Kidani 

M, Tokuda J 

Amends provisions relating to expiration of licenses; out of country active duty military 

personnel by adding dependents. Provides that any member of the US armed forces 

who is on active federal service or the member's dependent if the dependent 

accompanied the member, and whose driver's license expired while the member was 

deployed outside the US, shall remain valid for 90 days after the service member's return 

to the US. -- SB2518 SD1 


Feb-10 12 Multiple Referral to PBM/ TRN/ then JUD 

SB2522 SD1 (SSCR 2512) RELATING TO CONTINUING EDUCATION FOR VETERINARIANS. 

Introduced by: Ryan P (BR) 

Amends provisions relating to definitions under veterinary medicine law. Adds definitions 

for continuing education courses and for credit hour. Amends provisions relating to 

licenses. Makes failure to renew on or before June 30 of each even numbered year an 

automatic forfeiture of license and provides for restoration schemata. Prior to payment 

deadlines for license renewal requires licensees to pay all required fees and to complete 

at least 20 credit hours of continuing education within the 2 year period preceding the 

renewal date. Exempts licensees who have graduated within 1 year of the 1st license 

renewal from continuing education requirement for the 1st renewal. Requires licensees 

to certify compliance with continuing education requirements under oath and allows the 

board of veterinary examiners to require licensees to submit satisfactory evidence of 

compliance with the requirement. Allows the board to conduct random audits to 

determine compliance with continuing education requirements. Amends provisions 

relating to refusal to grant and revocation or suspension of license by including among 

the false statements for which a license may be revoked or suspended, a false 

certification of compliance with continuing education requirements. -- SB2522 SD1 




HAWAII PACIFIC UNIVERSITY. 


Authorizes the issuance of special purpose revenue bonds to assist Hawaii Pacific 

university, a private not for profit university, and 1 or more of its affiliates to finance, 

refinance, and reimburse costs related to the planning, acquisition, and construction of 

its educational facilities including student housing and athletic facilities, renovation of 

existing educational facilities, purchase of tangible assets including land and 

improvements, acquisition and installation of information technology, and other 

capital-related projects. Authorizes the issuance of refunding special purpose revenue 

bonds to refund the special purpose revenue bonds. ($$) -- SB2525 SD2 




Introduced by: Tokuda J, Chun Oakland S, Kidani M, Ige D, Nishihara C 

Amends provisions relating to sale of school lands unnecessary for school purposes. 

Adds that no school facility or portion of a school facility shall be sold before being made 

available to pre plus programs. -- Amends provisions relating to use of vacant public 

school facilities by charter schools by repealing charter schools. Provides that when the 

department of education considers whether to close any particular public school it shall 

make all or portions of the public school's facilities available to charter schools and pre 

plus programs. Further provides that the facilities may be used for any other purpose the 

board of education deems appropriate. Requires the department to identify unused 

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public school facilities that may be appropriate for charter schools, early learning 

programs such as the pre plus program, and any other purpose the board deems 

appropriate. Provides that suitable empty classrooms shall be inventoried for potential 

use by charter schools, early learning programs such as the pre plus program, or for any 

other purpose the board deems appropriate with priority given to facilities on sites with 

sufficient space for 3 or more classrooms. -- SB2527 SD2 


Mar-08 12 Multiple Referral to EDN then WLO then FIN 

SB2528 SD2 (SSCR 2636) RELATING TO TECHNOLOGY. 


Transfers the Hawaii 3Ts school technology laboratories fund from the department of 

education to the department of business, economic development, and tourism. -- SB2528 

SD2 


Mar-08 12 Multiple Referral to ERB then EDN then FIN 

SB2534 SD2 (SSCR 2637) RELATING TO PUBLIC SCHOOL FACILITIES. 


Establishes provisions relating to schools facilities special fund. Requires all proceeds 

from leases, permits, interest income generated from public school lands and facilities, 

and other revenue generated from the nonpermanent disposition of public school lands 

and facilities to be deposited into the fund. Requires the fund to be administered by the 

department of education in consultation with the board of education. Requires that all 

monies in the school facilities special fund be used exclusively for the new construction 

and upgrade of 21st century school facilities, and the retrofit and upgrade of existing 

school facilities to meet 21st century school standards. -- SB2534 SD2 


Mar-08 12 Multiple Referral to WLO then EDN then FIN 

SB2535 SD2 (SSCR 2706) RELATING TO INSTRUCTIONAL TIME. 


Establishes provisions relating to bell schedules. Requires the department of education 

to devise up to 4 standard bell schedule options for elementary, middle, and high schools 

and provides that a school has the discretion to implement 1 of the schedules for each 

grade level. Allows the board of education to grant waivers for standard instructional 

periods to any individual school. Redefines student instructional hours for elementary 

schools and secondary schools. Reduces the annual reports to the legislature by the 

department with the board and the office of the governor in consultation with 

representatives of affected collective bargaining units to 2013, 2014, and 2015. -- 

SB2535 SD2 



SB2536 RELATING TO CLEAN AND SOBER HOMES AND HALFWAY HOUSES. 


Establishes a temporary clean and sober home and halfway house task force exempt 

from requirements set forth under selection and terms of members of boards and 

commissions provisions. Requires the task force to establish a clear, legal definition of 

a clean and sober home; establish clear occupancy requirements for clean and sober 

homes and halfway houses; develop a plan of accountability for clean and sober homes 

and halfway houses to ensure compliance with occupancy and other requirements; 

conduct an inventory of clean and sober homes statewide, identifying current occupancy 

levels, and determining compliance with county zoning laws and tax requirements; 

promote community and advocate education; and balance community concerns with the 

needs of individuals requiring clean and sober homes and halfway houses. Requires the 

task force to consult with appropriate county agencies to ensure that clients are referred 

only to clean and sober homes and halfway homes meeting various state and federal 

requirements. -- Report to the legislature. -- Task force to cease to exist on June 30, 

2013 (sunset). -- SB2536 



SB2538 SD1 (SSCR 2707) RELATING TO CONCUSSIONS. 


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Requires the department of education and the Hawaii high school athletic association to 

develop a concussion educational program for students, parents, sports officials, school 

faculty, coaches, and staff, and school administrators about the signs and symptoms of 

a concussion and the procedures to follow if a person displays any of the signs or 

symptoms of a concussion. Provides annual educational sessions about the signs and 

symptoms of a concussion for coaches and athletic trainers; the need for the mandatory 

removal of a student from the athletic activity that the student is participating in, if the 

student demonstrates any signs and symptoms of a concussion; the need for a 

concussed student's licensed health care provider to evaluate the student and determine 

whether the student is able to return to a particular athletic activity; and the monitoring 

of a student's return to physical activity by the school's certified athletic trainer, if an 

athletic trainer is employed by the school. Requires every school that is a member of the 

Hawaii High School athletic Association to develop and implement a concussion 

awareness plan. Report to the legislature. -- SB2538 SD1 





Amends provisions relating to districts, generally under the boundaries laws. Repeals 

provision that the state shall be divided into districts for education. -- Amends provisions 

relating to education. Defines district to mean the state public education system as 

whole, except as used by the department for federal compliance and reporting 

requirements. Repeals job sharing; and annual report on the Hawaii teacher cadet 

program fund. Provides that gender equity applies to grades 9 to 12 only. Requires 

complex area supervisors to supervise the delivery of administrative and instructional 

services for special education programs and special schools within their complex. 

Repeals regional educational units. Repeals provision which allows the department of 

education to group students in accordance with their abilities and educational needs. 

Authorizes the collection of charges for the loss, destruction, breakage, or damage of 

school textbooks, instructional materials, library books, equipment, or supplies. Requires 

a minor to attend school of the complex in which they reside. Provides that moneys in 

the non appropriated local school account may be used by the school. Changes 

pregrade education to early education. Changes federal indirect overhead 

reimbursement to federal impact aid military liaison. Repeals incentive and innovation 

grants; work based learning program authorized; school to work transition program; 

established; agriculture education program; career and technical education program; 

veterans high school diploma for armed services veterans and others; programs for gifted 

and talented children; e mail accounts for students; factors; unequal aggregate 

expenditures; equity in athletics; rules and implementation; compliance report; no private 

right of action; newly hired employees; considerations in appointing teachers; school 

personnel engaged in instructional work, other than teachers and educational officers; 

retired teachers; coursework waiver; substitute teachers; public schools; minimum 

staffing levels; Hawaii principal academy; principal; authority and responsibility; learning 

support centers; textbook replacement fees; restitution; textbook list; school districts; 

record of pupils; release from attendance; schools; merchandise; use of school buildings; 

school based budget flexibility; school budget, general fund; use of resources by schools; 

federal / state cooperation authorized; noise and climate control at school facilities; 

asbestos testing; school inspection program; providers of construction or project related 

professional services for the repair and maintenance of public schools; volunteer status; 

coordinator position established; and prioritization of repair and maintenance. -- SB2540 

SD2 





Amends provisions relating to education. Repeals provisions for public employees 

smoking off campus and a smoking cessation program; reemployed teachers; rights; job 

sharing; authorized leaves of absence; tenure status unaffected; exchange teachers and 

educational officers terms of contract; sabbatical leaves; classification, teachers; salary 

ranges, educational officers; educational officers' salary schedules; educational officers; 

demotion, transfers; educational officers with special assignments; principals and vice 

principals at special needs schools; additional benefits to certain personnel and teachers; 

allocations for coaches; cafeteria managers; houseparents; and statewide center for 

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March 8, 2012 99


students with hearing and visual impairments. -- SB2541 SD2 




Introduced by: Tokuda J, Kidani M 

Amends provisions relating to attend school in what district by changing it to attending 

school; district. Allows attendance out of district if enrolled in a charter school. Provides 

that geographic exception may be granted at the discretion of the department of 

education. Further provides that out of district attendance may be mandated by the 

department or by federal law. -- SB2542 SD1 


Feb-09 12 Multiple Referral to EDN then FIN 

SB2543 RELATING TO EDUCATION. 


Amends provisions relating to Hawaii 3R's school repair and maintenance fund. Repeals 

the Hawaii 3R's school repair and maintenance advisory board. -- Repeals the Hawaii 

teacher cadet program fund. -- SB2543 




Introduced by: Tokuda J, Tsutsui S 

Amends Act 97, session laws of 2011, by repealing itemized deduction; limitations. -- 

SB2544 SD1 





Establishes provisions relating to the executive office on early learning; director; general 

functions, duties, and powers. Establishes the office within the department of education. 

Provides that the office shall be head by the director of the executive office on early 

learning who shall be nominated and, by and with the advice and consent of the senate, 

appointed by the governor. Require the office to develop the early learning system. 

Establishes an early learning advisory board appointed by the governor to advise the 

office. Establishes the early childhood education pre plus program within the office to 

expand access to affordable early learning education for children from low income 

families. Requires the office, the department, and the department of human services to 

work to develop suitable pre plus classrooms. Repeals the junior kindergarten program. 

Allows the use of vacant public school facilities for pre plus programs. Repeals the early 

learning council. Report to the legislature. Appropriation. ($$) -- SB2545 SD2 


Mar-08 12 Multiple Referral to EDN/ HUS/ then FIN 

SB2546 SD2 (SSCR 2613) RELATING TO THE UNIVERSITY OF HAWAII. 

Introduced by: Tokuda J, Nishihara C, Chun Oakland S, Kidani M, 

Repeals the regents candidate advisory council for the board of regents of the university 

of Hawaii and establishes the candidate advisory council for the board of regents of the 

university of Hawaii. -- SB2546 SD2 


Mar-08 12 Multiple Referral to HED then JUD 

SB2563 SD2 (SSCR 2631) RELATING TO MANAGEMENT OF STATE FUNDS. 

Introduced by: Ihara L, Chun Oakland S 

Amends provisions relating to full disclosure of entities receiving state awards. Changes 

the date to establish, implement and maintain a single searchable website and implement 

a pilot program on data collection and subawards reporting from January 1, 2009, to 

January 1, 2013. Replaces the department of budget and finance with the chief 

information officer of the department of accounting and general services. Changes the 

dates that the pilot program must be implemented by to January 1, 2014 and be 

terminated to July 1, 2015 (sunset). -- SB2563 SD2 



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SB2568 RELATING TO THE HOMELESS. 

Introduced by: Ihara L (BR) 

Amends provisions relating to temporary emergency shelter. Requires each county to 

partner with nonprofit organizations to provide information on and access to temporary 

emergency shelters if the county relocates homeless individuals and families from public 

property. -- SB2568 



SB2571 SD1 (SSCR 2558) RELATING TO DOMESTIC RELATIONS. 

Introduced by: Ihara L, Chun Oakland S 

Amends provisions relating to the civil union law. Establishes provisions relating to 

tenancy by the entirety when owners change relationship status. -- Amends provisions 

relating to the uniform parentage act. Includes child of parents in a civil union. -- SB2571 

SD1 



SB2576 SD1 (SSCR 2474) RELATING TO PROSTITUTION. 

Introduced by: Chun Oakland S, Kidani M, Tokuda J, Shimabukuro M, Baker R 

Establishes provisions relating to prostitution; motion to vacate judgment. Provides that 

a person convicted of committing the offense of prostitution, loitering for the purpose of 

engaging in or advancing prostitution, street solicitation of prostitution in designated 

areas, or convicted of a lesser offense when originally charged with a violation of 

prostitution, may file a motion to vacate the conviction if the defendant's participation in 

the offense was the result of the person having been a victim of promoting prostitution 

in the 1st and 2nd degree, or a severe form of trafficking. -- SB2576 SD1 



SB2579 SD2 (SSCR 2720) RELATING TO MINORS. 

Introduced by: Chun Oakland S, Fukunaga C, Baker R, Kidani M, Tokuda J, 

Shimabukuro M 

Establishes the safe harbor for sexually exploited children law. Requires the department 

of human services to develop a victim services program to address the needs of sexually 

exploited children and minors at risk of commercial sexual exploitation. Annual report to 

the legislature. Requires the department, to the extent that funds are available, to 

operate or contract with an appropriate nonprofit agency with experience working with 

sexually exploited children to operate at least 1 safe house in a geographically 

appropriate area of the State. Requires the department to develop a protocol for the 

interplay between the exemption provisions for sexually exploited children established 

by this chapter and other existing child protection statutes. -- Establishes provisions 

relating to minor victims of prostitution special fund. Requires any person who is 

convicted of an offense that involves prostitution or promoting prostitution and who has 

been granted a deferred acceptance of guilty or no contest plea when the offense 

involves prostitution or promoting prostitution of a person less than 18 years old, or 

charged with an offense when the offense involves prostitution or promoting prostitution 

of a person less than 18 years old and who has been granted a deferred acceptance of 

guilty or no contest plea to pay a monetary assessment of 5,000 dollars. Establishes the 

fund to be administered by the department of human services. Requires moneys 

disbursed from the fund be used only for the provision of services and treatment, such 

as securing residential housing, health services, and social services to sexually exploited 

children. -- Amends provisions relating to jurisdiction; children. Requires the family court 

to have exclusive jurisdiction concerning any person under 18 years of age who is 

suspected of or charged with a violation of prostitution and later granted immunity. 

Regardless of where the violation occurred, jurisdiction may be taken by the court of the 

circuit where the person resides, is living, or is found, or in which the offense is alleged 

to have occurred. -- Amends provisions relating to statute of limitations. The limitation 

period provided for coercion into prostitution is tolled until the plaintiff discovers that an 

act of promoting prostitution by coercion has occurred and the defendant caused, was 

responsible for, or profited from the act of promoting prostitution by coercion, and if the 

plaintiff is a victim of a series of acts of promoting prostitution by coercion by the same 

defendant, until the last act of promoting prostitution by coercion has occurred. Provides 

that a statute of limitations defense may not be asserted if the defendant induced or 

attempted to induce the plaintiff to delay filing of a claim. -- Amends provisions relating 

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March 8, 2012 101


to prostitution. Provides that if it is determined, after a reasonable detention for 

investigative purposes, that a person suspected of or charged with prostitution was less 

than 18 years old at the time the offense was committed, that person shall not be 

prosecuted under this section, and shall be subject to the safe harbor provisions of 

chapter _____. Provides that immunity to prosecution shall not apply to patrons of 

prostitution or persons who procure or solicit patrons for prostitution. -- SB2579 SD2 



SB2581 SD2 (SSCR 2655) RELATING TO AN AUTOMATED VICTIM NOTIFICATION SYSTEM. 

Introduced by: Fukunaga C, Chun Oakland S, Kidani M, Tokuda J, Shimabukuro M, 

Baker R 

Establishes provisions relating to an automated victim notification system. Requires the 

department of public safety to establish a statewide automated victim information and 

notification system to automatically notify a registered victim or concerned member of the 

community of the status of the offender. Requires the prosecuting agency to notify the 

victim of their right to register and makes the victim responsible for registering. Requires 

the attorney general, the chiefs of police, and the prosecuting attorneys to cooperate in 

establishing and maintaining the system. Establishes the automated victim information 

and notification system special fund administered by the department to be used for the 

system. Establishes an automated victim notification system governance committee to 

advise the department. Appropriation out of the special fund. ($$) -- SB2581 SD2 



SB2582 SD2 (SSCR 2654) RELATING TO THE HAWAII PUBLIC PROCUREMENT CODE. 

Introduced by: Espero W, Ryan P 

Amends provisions relating to assistance to small businesses. Requires at least 3 per 

cent of the 20 per cent set aside for small businesses be awarded to veteran owned 

small businesses and service disabled veteran owned small businesses. -- SB2582 SD2 


Mar-08 12 Multiple Referral to PBM then ERB then FIN 

SB2584 SD1 (SSCR 2595) RELATING TO TUITION ASSISTANCE. 

Introduced by: Espero W, Ryan P, Kidani M 

Amends provisions relating to tuition assistance for Hawaii national guard personnel to 

attend the university of Hawaii. Authorizes the adjutant general to award tuition 

assistance for qualified enlisted persons, warrant officers, and officers in the Hawaii 

national guard who are students working toward a degree on any campus of the 

University of Hawaii. Provides a priority to students working toward an undergraduate 

degree for the awarding of available funding for tuition assistance. Appropriation. ($$) 

-- SB2584 SD1 


Mar-08 12 Multiple Referral to PBM then HED then FIN 

SB2588 SD1 (SSCR 2473) RELATING TO LIMITATION OF ACTIONS. 

Introduced by: Shimabukuro M, Chun Oakland S, Kidani M, Fukunaga C, Ige D 

Establishes provisions relating to civil action arising from sexual offenses; application; 

certificate of merit. Provides that an action for recovery of damages based on physical, 

psychological, or other injury or condition suffered by a minor arising from sexual abuse 

of the minor may be commenced against the person who committed the act of sexual 

abuse. Provides that the time for commencement of the action shall be within 8 years 

of the date the plaintiff or the person who committed the act attains the age of majority 

or 3 years of the date the plaintiff discovers or reasonably should have discovered that 

psychological injury or illness occurring after the age of majority was caused by the 

sexual abuse. Provides that for a period of 2 years following the effective date of this 

Act, a victim of child sexual abuse that occurred in this State who has been barred from 

filing a claim against the victim's abuser due to the expiration of the applicable civil 

statute of limitations that was in effect prior to the effective date of this Act may file a 

claim in the circuit courts of this State against the person who committed the act of 

sexual abuse. Allows claims against a legal entity for gross negligence, except against 

the State. Allows a defendant to recover attorney's fees if a court determines that false 

accusations were made. Requires a certificate of merit to be filed by the attorney for the 

plaintiff and shall be sealed and remain confidential. Requires the certificate to include 

a notarized statement by a psychologist, marriage and family therapist, mental health 

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March 8, 2012 102


counselor, or clinical social worker. -- SB2588 SD1 



SB2589 SD1 (SSCR 2721) RELATING TO FOSTER YOUTH. 


Establishes provisions relating to medical assistance for former foster youth. Requires 

the department of human services to offer and provide medical assistance to former 

foster youth who meet specified criteria. Requires the department to seek approval from 

the federal Centers for Medicare and Medicaid Services prior to providing any medical 

assistance authorized under the act. -- SB2589 SD1 



SB2590 SD2 (SSCR 2722) RELATING TO CHILD PROTECTION. 

Introduced by: Chun Oakland S, Galuteria B, Kidani M, Shimabukuro M 

Amends provisions relating to the service plan under the child protection act. Requires 

that the service plan's specific steps to include treatment and services that will be 

provided to the child and to the perpetrator of the abuse, as necessary. -- Amends 

provisions relating to return hearing. Requires the court to consider whether the alleged 

or potential perpetrator of imminent harm, harm, or threatened harm should be removed 

from the family home rather than continuing the child's placement in foster care. 

Requires the child's family to have the burden of establishing that it is in the child's best 

interest to remove the child, rather than the alleged or potential perpetrator, from the 

family home. -- SB2590 SD2 



SB2591 SD2 (SSCR 2646) RELATING TO CHILDREN AND YOUTH. 

Introduced by: Chun Oakland S, Fukunaga C, Kidani M, Ige D 

Amends provisions relating to child and youth day and month. Requires that public 

events celebrating children and youth day be held in the area of the state capitol on the 

1st Sunday of October, if the children and youth day planning committee so chooses, 

unless otherwise determined by the governor. -- SB2591 SD2 



SB2592 SD2 (SSCR 2768) RELATING TO UNIVERSAL CHILDREN'S SAVINGS ACCOUNTS. 

Introduced by: Chun Oakland S, Shimabukuro M 

Establishes a universal children's savings program law. Establishes the universal 

children's savings account program within the department of budget and finance to 

enable families to establish savings accounts for their children. Requires the department 

to establish eligibility requirements for participation and minimum amount of state 

matching fund to deposit into each account. Establishes the universal children's savings 

account trust fund which will be invested by the director of finance in securities. 





Introduced by: Chun Oakland S, Tokuda J 

Requires the homeless programs office to establish designated safe facilities, providing 

clean eating areas, showers, toilets, and laundry facilities, in various locations throughout 

the state for homeless persons to reside until permanent housing becomes available. 

Requires the office to establish rules and a code of conduct for residents. Authorizes the 

office to take appropriate action against residents violating the rules or engaging in illegal 

activity while residing in the designated safe facility. Allows the office to establish a 

minimum fee to live in the safe facility which is required to be used to offset expenses. 

Requires the office to partner with community and nonprofit organizations to provide 

homeless support services and coordinate with state and county law enforcement 

officials to establish security for the safety of residents. Appropriation to establish safe 

facilities. ($$) -- SB2594 SD2 


Mar-08 12 Multiple Referral to HSG then HUS then FIN 

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SB2595 SD2 (SSCR 2649) RELATING TO EARLY INTERVENTION SERVICES. 

Introduced by: Chun Oakland S, Kidani M, Tokuda J, Ige D, Baker R 

Amends provisions relating to early intervention services for infants and toddlers with 

special needs. Requires the department of health or any other department or office 

responsible for providing early intervention services, to maintain eligibility criteria or the 

scope of covered services for early intervention services at a minimum of the same level 

that was in effect on January 1, 2012. Requires that any child who was eligible for early 

intervention services as of January 1, 2012, remain eligible for early intervention services 

until ineligible based on indicia or age. Allows the department to develop and establish 

a family cost participation schedule of monthly cost participation fees for early 

intervention services. Allows private insurers to be charged for services covered by a 

patient's private health insurance. -- Amends provisions relating to the early intervention 

special fund by including among things allowed to be deposited into the special fund, fees 

received from family cost participation. -- SB2595 SD2 



SB2598 PROPOSING AMENDMENTS TO THE HAWAII STATE CONSTITUTION RELATING 

TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS. 


Proposes to amend to the constitution. Allows special revenue bonds be issued for 

charter schools, not for profit corporations that support charter schools, and community 

development financial institutions that support charter schools. -- SB2598 


Mar-08 12 Multiple Referral to EDN then JUD then FIN 

SB2605 SD2 (SSCR 2770) RELATING TO ORAL HEALTH. 


Requires the department of health, family health services division, with the assistance 

of the Hawaiian islands oral health task force to educate the public about baby bottle 

tooth decay; topical fluoride varnish for children; sealants for children; and regular annual 

dental visits for children. Appropriation to the department of health to establish and 

implement an electronic system to track data on children's dental health. -- Provides that 

rates of payment to dentists shall be determined by the department of human services. 

Appropriation to the department of human services to increase payments to dentists who 

provide dental services to individuals who receive medical assistance through QUEST 

or the QUEST expanded access program. ($$) -- SB2605 SD2 



SB2620 SD1 (SSCR 2129) RELATING TO THE UNIVERSITY OF HAWAII BOARD OF REGENTS. 

Introduced by: Slom S 

Repeals the regents candidate advisory council for the board of regents of the university 

of Hawaii. -- SB2620 SD1 


Mar-08 12 Multiple Referral to HED then LMG then FIN 

SB2630 RELATING TO NOISE. 


Amends provisions relating to the jurisdiction and power under the liquor law. Authorizes 

the liquor commission to exclusively employ a dbc sound level measurement system for 

purposes of community noise control. -- SB2630 


Mar-08 12 Multiple Referral to EEP then CPC 

SB2631 SD2 (SSCR 2778) RELATING TO HEALTH INSURANCE. 



law, and the health maintenance organizations act (HMOs) by requiring coverage for the 

well baby and well child screening and for the diagnosis and treatment of autism 

spectrum disorder for covered individuals under the age of 26. -- SB2631 SD2 



SB2632 SD1 (SSCR 2288) RELATING TO FEE TIME SHARE INTERESTS. 

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March 8, 2012 104


Introduced by: Baker R, Dela Cruz D, Tokuda J 

Amends provisions relating to land court registration. Redefines deregistered land to 

mean land, other than a fee time share interest, that is the subject of a certificate of title, 

and a fee time share interest that is the subject of a certificate of tile recorded in the 

bureau of conveyances prior to July 1, 2012, whether such certificate of tile is certified 

by the assistant registrar on, before, or after July 1, 2012, and all other fee time share 

interests. -- Amends provisions relating to deregistration of fee interests. Allows the 

registered owner of the fee interest in registered land to submit a written request to the 

assistant registrar to deregister the land. Provides procedures for request for 

deregistration. Requires that fee time share interests no longer constitute registered land 

and title to fee time share interests shall no longer be registered. -- Amends provisions 

relating to effect of deregistration. Provides that neither voluntary deregistration of land 

other than a fee time share interest nor mandatory deregistration of any fee time share 

interest, whether by recordation of a certificate of title in the bureau of conveyances prior 

to July 1, 2012, by operation of law thereafter, shall disturb the effect of any proceedings 

in the land court where the question of title has been determined. -- Amends provisions 

relating to chain of title of deregistered land. Requires that a certificate of title for land 

other than a fee time share interest certified by the assistant registrar constitutes a new 

chain of record title in the registered owner of any estate or interest as shown on the 

certificate of title so certified. -- SB2632 SD1 


Mar-08 12 Multiple Referral to TOU then WLO then FIN 

SB2639 SD2 (SSCR 2785) RELATING TO THE DEPARTMENT OF HAWAIIAN HOME LANDS. 


Establishes provisions relating to authority to live on a homestead lot in a temporary 

structure. Requires the department of Hawaiian home lands to allow a Hawaiian home 

lands lessee to settle on a vacant homestead lot that has already been awarded to the 

lessee in a temporary structure for up to 5 years after the lot award date while a legal, 

permitted, and permanent dwelling is being constructed. Requires the temporary 

structure to meet basic habitation requirements including the provision of potable water 

and toilet facilities. Requires the construction of the permanent structure to comply with 

county building code and building permitting requirements or indigenous native Hawaiian 

architecture practices, styles, customs, techniques, and materials. Requires the 

department to conduct a public awareness campaigns. -- SB2639 SD2 



SB2640 SD1 (SSCR 2524) RELATING TO WASTEWATER. 


Amends provisions relating to functions reassigned to the counties. Requires counties 

to permit the use of authorized individual wastewater treatment system as an onsite 

means of wastewater disposal when the individual wastewater treatment system pre 

dates a county operated wastewater treatment system; and the county determines that 

allowing the individual wastewater treatment system is fair and equitable. -- SB2640 SD1 


Mar-08 12 Multiple Referral to EEP/ WLO/ then JUD 

SB2642 SD1 (SSCR 2599) MAKING AN APPROPRIATION FOR THE HAWAII TOURISM AUTHORITY. 

Introduced by: Kim D, Kouchi R 

Appropriation to the Hawaii tourism authority for development and implementation of 

initiatives to take advantage of expanded visa programs and increased travel 

opportunities for international visitors to Hawaii. ($$) -- SB2642 SD1 


Mar-08 12 Multiple Referral to TOU/ INT/ then FIN 

SB2646 SD1 (SSCR 2494) RELATING TO BUILDING PERMITS. 


Establishes provisions relating to agricultural buildings and structures; no building permit 

required. Prohibits a county from requiring a building permit for the construction, 

installation, or operation of a nonresidential building or structure, or appurtenances 

thereto, and located on commercial farms or ranches used for general agricultural or 

aquacultural operations, provided that the building or structure is constructed or installed 

on a lot that is 2 or more contiguous acres in area and is primarily used for agricultural 

or aquacultural operations or 2 or more contiguous acres in area if located in a non 

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March 8, 2012 105


residential agricultural or aquacultural park; that upon completion of construction or 

installation, the owner or occupier provides written notice to the appropriate county fire 

department and county building permitting agency of the size, type, and location of the 

building structure; that the building or structure complies with the applicable state building 

code electrical standards; and that disposal of wastewater from the building or structure 

complies with water pollution law. Exempts buildings and structures from county permit 

requirements. -- SB2646 SD1 


Mar-08 12 Multiple Referral to AGR then WLO 

SB2648 RELATING TO CAMPAIGN FINANCE. 

Introduced by: Kim D, Espero W, Galuteria B, Shimabukuro M, Kouchi R, Kahele G, 

Kidani M, Nishihara C, Dela Cruz D 

Amends provisions relating to campaign funds only used for certain purposes. Allows 

campaign funds to award scholarships to students attending an institution of higher 

education or vocational education school full time in a program leading to a degree, 

certificate, or other recognized educational credential; provided that in any election 

period, the total amount of all scholarships awarded shall be no more than twice the 

maximum amount that 1 person may contribute to that candidate; provided further that 

no awards shall be made from the filing deadline for nomination papers to the date of the 

general election. -- SB2648 



SB2650 SD1 (SSCR 2225) RELATING TO PROMOTION OF CONTROLLED SUBSTANCES. 

Introduced by: Kim D, Kidani M, Espero W, Chun Oakland S, Fukunaga C, Ryan P, 

Shimabukuro M 

Amends provisions relating to promoting a controlled substance in, on, or near schools, 

school vehicles, or public parks by adding public housing projects or complexes. -- 

SB2650 SD1 


Mar-08 12 Multiple Referral to HSG then JUD 


HAWAII PREPARATORY ACADEMY. 


Amends Act 116, session laws of 2007, which authorizes the issuance of special purpose 

revenue bonds to assist Hawaii Preparatory Academy, to finance or refinance the 

planning, construction, and improvement of its educational facilities in the State by 

extending the period to June 30, 2017 (sunset). -- SB2651 SD1 





Amends provisions relating to teachers' salary schedule. Repeals provision that wage 

adjustments by the board of education for substitute teachers shall be comparable to 

wage adjustments for teachers that are negotiated for bargaining unit 5 (teachers and 

other personnel of the department of education) subject to legislative approval. -- SB2652 

SD1 





Amends provisions relating to the program execution of the budget. Prohibits the 

department of education from transferring funds from EDN 100 school based budgeting 

program identifier to any other program, except when the department has received 

unanticipated federal grant funds appropriated for the EDN 100 school based budgeting 

program identifier; except when the transfer is of general funds that do not exceed the 

amount of the federal grant, and when the transfer is necessary to address an 

unforeseen funding shortfall in any other program within the department. -- SB2654 SD2 



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SB2655 SD2 (SSCR 2629) RELATING TO PORTABLE ELECTRONICS INSURANCE. 

Introduced by: Baker R, Fukunaga C 

Establishes provisions relating to portable electronics insurance. Provides for the 

licensure of vendors with a limited lines license, requirements for sale of portable 

electronics insurance, authority of vendors of portable electronics, sanctions for 

violations, termination or modification of portable electronics insurance, application for 

license and fees, and portable electronics insurance claims. -- SB2655 SD2 



SB2659 SD2 (SSCR 2771) RELATING TO THE EMERGENCY AND BUDGET RESERVE FUND. 

Introduced by: Chun Oakland S, Baker R, Ihara L, Fukunaga C 

Appropriation out of the emergency and budget reserve fund (rainy day fund) to the 

department of health for respite services; to supplement the healthy start program; as 

grants to Catholic Charities Hawaii for Lanakila Multi purpose Senior Center, Moiliili 

community Center for Moiliili Senior Center Program, and to Waikiki community center; 

for kupuna care program; for the Aging and Disability Resource Center; for the 

developmental disabilities medicaid waiver program; for mental health services; for the 

partnerships in community living program; for substance abuse treatment; for the healthy 

aging partnerships program; for grants to the Waianae District Comprehensive Health 

and Hospital Board, Inc. to support its emergency room services; and for HIV / AIDS 

(human immunodeficiency, AIDS) related services for Life Foundation, Gregory House 

Programs, and Community Health Outreach Work to Prevent AIDS Project. -- 

Appropriation out of the emergency and budget reserve fund to the department of human 

services for the housing 1st pilot program, for chronically homeless individuals, including 

those who have an addiction or mental illness. Report to the legislature by the 

department. -- Appropriation out of the emergency and budget reserve fund to the 

department of health's executive office on aging for meals for the elderly for kupuna care. 

-- Appropriation out of the emergency and budget reserve fund to the department of 

health for grants to Kokua Kalihi Valley (Comprehensive Family Services); for services 

to pregnant women struggling with addiction; for the baby S.A.F.E (substance abuse free 

environment), for fetal alcohol spectrum disorders; for family planning services; for 

perinatal health programs; and for the preschool developmental screening program. -- 


services for grants to the Blueprint for Change for neighborhood place walk in centers; 

as grants to the Hawaii Primary Care Association for the Hawaii immigrant health 

initiative program; for grants to support domestic violence shelters statewide for Child and 

Family Service, Parents and Children Together, Women Helping Women, Molokai 

community service council Inc., Young Women's Christian Association (YWCA) of Kauai, 

Windward Spouse Abuse Shelter, and statewide domestic violence shelters; for grants 

to Hale Mahaolu for personal care services; for the shelter plus care program; as grants 

to the Hawaii Primary Care Association for adult dental care, authorizes the governor to 

utilize enhanced federal medical assistance percentages funds to offset the amount 

appropriated, report to the legislature by the department of human services; for the adult 

dental care program at Maui community college; for outstationed eligibility worker 

services provided at federally qualified health centers; to Hawaii Primary Care 

Association for outreach services provided at federally qualified health centers and for 

outreach services to locate uninsured children; for child care subsidies; to maintain the 

general assistance benefit amount; for grants to Adult Friends for Youth for youth gang 

prevention and intervention services; for grants to Hawaii Centers for Independent Living 

for the statewide independent living services; and for grants to the Susannah Wesley 

Community Center for the Youth Service Center. -- Appropriation out of the emergency 

and budget reserve fund to the department of health for grants to Planned Parenthood 

of Hawaii for statewide sexual health education. -- Appropriation out of the emergency 

and budget reserve fund to the department of human services for grants to Partners in 

Development Foundation to provide comprehensive family training and transitional 

services to homeless families on the leeward coast of Oahu, to offer early screening, 

assessment, and referral services for homeless children from birth to age 5, and prepare 

homeless children for kindergarten; and for grants to PATCH (People Attentive to 

Children) for the preschool open doors program. -- Appropriation out of the emergency 

and budget reserve fund to the judiciary for domestic violence services; for grants to 

Volunteer Legal Services Hawaii to provide pro bono legal services for indigent persons; 

for grants to the Legal Aid Society of Hawaii to provide general civil legal services; for 

grants for the Hawaii Family Law Clinic to provide services to obtain temporary 

restraining orders; for grants to the Catholic Charities Hawaii to provide intra familial sex 

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March 8, 2012 107


assault services; for grants to the Children's Alliance of Hawaii Inc., to provide child sex 

assault services; and for grants to the YMCA of Honolulu for the Operation Weed and 

Seed Program. -- Appropriation out of the emergency and budget reserve fund to the 

department of labor and industrial relations for the office of community services for 

employment core services; and for grants to the Hawaii Disability Rights Center to 

provide advocacy service to individuals with developmental disabilities and mental illness. 

-- Appropriation out of the emergency and budget reserve fund to the department of 

human services for grants to the Hawaii meth project for methamphetamine use 

prevention programs. -- Appropriation out of the emergency and budget reserve fund to 

the department of education for the Families for R.E.A.L. program; for grants to Read 

Aloud America, Inc. for the read aloud program; and for grants to Read To Me 

International Foundation for reading programs for children of incarcerated parents. -- 


services for grants to the Hawaii Primary Care Association for health care services for 

uninsured persons. -- Appropriation out of the emergency and budget reserve fund to the 

department of education to provide non school hour programs, purchasing or leasing of 

vehicles by a school to furnish students with transportation. Requires 40 per cent of the 

funds to be allocated to the 4 counties, 40 per cent to the department of education and 

20 per cent to the office of youth services. ($$) -- SB2659 SD2 





Provides a biofuel production facility income tax credit for the qualified development and 

construction costs of a facility. Requires the taxpayer to submit a written report to the 

department of business, economic development, and tourism identifying the costs and 

number of hires related to the development or construction. -- Amends provisions relating 

to environmental impact statements law. Defines oil refinery to mean a new facility that 

processes fossil fuels into refined products or the expansion of an existing fossil fuel 

refinery. Act to be repealed on January 1, 2029 (sunset). -- SB2666 SD2 



SB2669 SD1 (SSCR 2468) RELATING TO VACANCIES. 

Introduced by: Galuteria B, Kidani M 

Amends provisions relating to the board of trustees, office of Hawaiian affairs. Provides 

that if a vacancy occurs not later than on the 75th day prior to the next succeeding 

special election, the vacancy shall be filled for the unexpired term at the next succeeding 

special election held in conjunction with the general election. Requires all candidates for 

the unexpired term to file nomination papers on the 16th day prior to the special election. 

Provides that if a vacancy occurs after the 75th day prior to the next succeeding special 

election, the board or the governor shall make an appointment to fill the vacancy. -- 

SB2669 SD1 



SB2670 RELATING TO PUBLIC LAND LEASEHOLDERS RIGHTS. 


Amends provisions relating to renewable energy producers; lease of public lands without 

public auction. Requires that if the public land is held by an existing lessee who is 

currently in compliance with the terms of the lease, the board of land and natural 

resources is to seek input from that lessee regarding the renewable energy producer's 

proposal of its evaluation and determination to award or not award a lease to a renewal 

energy producer. -- SB2670 


Mar-08 12 Multiple Referral to WLO/ EEP/ then AGR then FIN 



Amends provisions relating to Hawaii labor relations board. Allows the board to hire 

attorneys, paralegals and other personnel. Allows any attorney employed by the board 

part time or contract staff member to represent the board in litigation, draft legal 

documents for the board, and provide other necessary legal services to the board. -- 

SB2671 SD1 

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SB2678 SD2 (SSCR 2634) RELATING TO HONOULIULI. 

Introduced by: Espero W, Kidani M, Fukunaga C, Ige D, Gabbard M 

Requires the department of land and natural resources to establish a Honouliuli park site 

project advisory group to develop recommendations to leverage county, state, federal, 

and private funding for an educational resource center at the Honouliuli site. Requires 

the advisory group to work with the Japanese cultural center of Hawaii, Japanese 

American citizens league, university of Hawaii at west Oahu, historians, and other 

interested stakeholders, including business, veteran, community, legislative, and other 

organizations. Report to the legislature. -- Appropriation out of the special fund to be 

deposited into the Hawaii historic preservation special fund. Appropriation out of the 

special fund. ($$) -- SB2678 SD2 



SB2681 SD2 (SSCR 2596) RELATING TO DEFENDANTS COMMITTED TO THE CUSTODY OF THE DIRECTOR 

OF HEALTH. 

Introduced by: Tokuda J, Kidani M, Espero W, Nishihara C 

Establishes provisions relating to committed persons; transfer to a correctional facility. 

Requires the court to order, upon application of the director of health in written agreement 

with the director of public safety determines that a defendant who has been committed 

to the custody of the director of health, be transferred to a correctional facility if the 

defendant no longer requires inpatient level of psychiatric care, the defendant's mental 

health needs can be adequately addressed at a correctional facility, the defendant is not 

ordered released on bail or on the defendant's own recognizance, no longer requires an 

inpatient level of psychiatric care but is not otherwise suitable for discharge into a less 

restrictive community or residential treatment setting, or requires stricter security than 

can be provided at the Hawaii state hospital or other facility designated by the director 

of health. Requires the director of health or the director's designee to work with the 

correctional facility in creating an adequate mental health plan for any defendant 

transferred pursuant to this section. -- SB2681 SD2 


Mar-08 12 Multiple Referral to PBM/ HLT/ then JUD then FIN 

SB2691 RELATING TO THE BOARD OF AGRICULTURE. 


Amends provisions relating to the department of agriculture. Requires the chairperson 

of the board of land and natural resources, the director of business, economic 

development, and tourism, and the dean of the university of Hawaii college of tropical 

agriculture and human resources or their designated representatives, to serve as an ex 

officio voting members of the board of agriculture. -- SB2691 


Feb-07 12 Single Referral to AGR 



Establishes provisions relating to the agricultural development and food security program. 

Establishes the program within the department of agriculture to provide oversight, 

administration, coordination, revenue development, and funding to develop Hawaii's 

agricultural industry from farm to market, and to collaborate with private and public 

organizations and agencies to implement the objectives of the program. -- Establishes 

provisions relating to the objectives of the agricultural development and food security 

program. -- Amends the provisions relating the agricultural development and food 

security special fund; establishment. Allows money in the fund to be expended for the 

promotion and implementation of the program. Amends Act 73, session laws of 2010, 

by repealing the sunset date for the agricultural development and food security special 

fund. -- SB2692 SD2 



SB2693 RELATING TO AGRICULTURAL POLICY. 


Amends provisions relating to the objectives and policies for the economy--agriculture. 

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March 8, 2012 109


Requires the policy of the State to include the objective to strengthen diversified 

agriculture by developing an effective promotion, marketing, and distribution system 

between Hawaii's producers and consumers in the State, nation, and world and to 

promote economically competitive activities that increase Hawaii's agricultural self 

sufficiency including the increased purchase of Hawaii grown foods by residents and 

increased use by governmental bodies. -- Amends provisions relating to the economic 

priority guidelines to promote the growth and development of diversified agricultural and 

aquaculture by encouraging residents and visitors to support Hawaii's farmers by 

purchasing locally grown products. -- SB2693 



SB2695 SD2 (SSCR 2576) RELATING TO LIVESTOCK FEED. 


Requires the department of agriculture to implement a livestock feed feasibility pilot 

project to explore the viability of growing and processing livestock feed within the State, 

and to grow and process livestock feed on the land held by the department of agriculture. 

Report to the legislature. Appropriation. ($$) -- SB2695 SD2 



SB2698 SD1 (SSCR 2440) RELATING TO THE INFORMATION PRIVACY AND SECURITY COUNCIL. 


Amends provisions relating to information privacy and security council; established; 

duties; reports by allowing in addition to the comptroller of the State, the comptroller's 

designee to serve as the chair of the information privacy and security council. -- SB2698 

SD1 



SB2701 SD1 (SSCR 2208) RELATING TO EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. 


Amends provisions relating definitions for the Hawaii employer union health benefits trust 

fund. Defines credited service to mean service as an officer or employee paid by the 

State or county. Redefines employee by repealing the per diem employee. -- SB2701 

SD1 



SB2703 SD1 (SSCR 2454) RELATING TO CHILD SUPPORT ENFORCEMENT. 


Amends provisions relating to the child support enforcement law. Requires each 

employer in the State to report to the child support enforcement agency within 20 days 

of hire the date services for remuneration were 1st performed of each new employee. 

Requires the transfer of notice to the appropriate plan providing health care coverage for 

which the child is eligible within 20 business days after the date of the notice. -- SB2703 

SD1 



SB2709 RELATING TO FURNISHING THE DATE OF VITAL EVENTS TO GOVERNMENTAL 

AGENCIES WITHIN THE STATE OF HAWAII THAT REQUEST VERIFICATION. 


Amends provisions relating to disclosure of records under the state public health 

statistics act. Allows the department of health upon request from a governmental agency 

of the State of Hawaii or its political subdivisions to disclose verified vital events to the 

governmental agency. -- SB2709 


Feb-21 12 Multiple Referral to HLT then JUD then FIN 

SB2712 RELATING TO MEDICAID. 



Defines medical institution to mean for the purposes of dealing with Medicaid liens, an 

institution created for the practice of medicine and also provides long term care services 

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March 8, 2012 110


at a nursing facility level of care. -- SB2712 


Feb-14 12 Multiple Referral to HUS/ HLT/ then JUD then FIN 



Amends provisions relating to real property liens and provisions relating to recovery of 

payments and costs of medical assistance under the department of human services law. 

Requires the department to provide specified information including a written notice of lien 

to persons against whom restitution is sought in connection with the sentencing of a 3rd 

person who has caused injury to a recipient of medical assistance, and requires the 

amounts in the lien to be presumed to be valid in determining the amount of restitution. 

-- SB2713 SD1 



SB2720 SD1 (SSCR 2455) RELATING TO CONVERSIONS BY NONPROFIT CORPORATIONS. 


Amends Hawaii nonprofit corporations act. Repeals provisions relating to conversions 

into and from corporations under the Hawaii nonprofit corporations act. -- SB2720 SD1 


Mar-08 12 Single Referral to CPC/ JUD/ 

SB2730 SD2 (SSCR 2660) RELATING TO FALSE CLAIMS TO THE STATE. 


Establishes provisions relating to actions by and against the State. Requires any 

employee, contractor, or agent to be entitled to all relief necessary to make that 

employee, contractor, or agent whole, if that employee, contractor, or agent is 

discharged, demoted, suspended, threatened, harassed, or in any other manner 

discriminated against in the terms and conditions of employment, contract, or agency 

relationship because of lawful acts done by the employee, contractor, agent or 

associated others in furtherance of an action by private persons or other efforts to stop 

or address any conduct in action for false claims to the State. -- Provides that a person 

who knowingly makes, uses, or causes to be made or used, a false record or statement 

material to an obligation to pay or transmit money or property to a county, or knowingly 

conceals, or knowingly and improperly avoids or decreases an obligation to pay or 

transmit money or property to the State is liable to the State for a civil penalty. 

Establishes civil penalties. -- Prohibits a person from bringing an action which is based 

upon allegations or transactions which are the subject of a civil suit or an administrative 

civil money penalty proceeding in which the State is already a party. -- SB2730 SD2 



SB2737 SD1 (SSCR 2464) RELATING TO PUBLIC MEETINGS. 


Amends provisions relating to a meeting by videoconference by changing it to meeting 

by interactive conference technology; notice; quorum. Allows a board to hold a meeting 

by interactive conference technology provided that there is audio, or audio and visual 

interaction between all members. -- SB2737 SD1 



SB2738 SD1 (SSCR 2204) MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, 

OR ITS EMPLOYEES. 


Appropriation to the department of the attorney general for the purpose of satisfying 

claims for legislative relief to persons, firms, corporations, and entities which have claims 

against the State for the overpayment of taxes, refunds, reimbursements, payments of 

judgments or settlements, or other liabilities. -- Appropriation out of the state highway 

fund to the department of transportation, highways division, for the purpose of satisfying 

claims for legislative relief to persons, for claims against the State or its officers or 

employees for payments judgments or settlements, or other liabilities. ($$) -- SB2738 

SD1 



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March 8, 2012 111


SB2739 SD2 (SSCR 2607) RELATING TO THE SMALL BUSINESS REGULATORY REVIEW BOARD. 


Amends provisions relating to small business regulatory review board; powers. Allows 

the department of business, economic development and tourism to charge each agency 

submitting rules to the board. Requires the fees be used for the expenses of the board. 

-- Amends provisions relating to periodic review; evaluation report. Provides that each 

agency that is required to amend or repeal rules shall submit a list of these rules to be 

amended or repealed to the board. -- SB2739 SD2 



SB2740 SD1 (SSCR 2150) RELATING TO THE HOUSING LOAN AND MORTGAGE PROGRAM. 



as amended by Act 185, session laws of 2004, as amended by Act 231, session laws of 

2007, as amended by Act 121, session laws of 2008, authorizing the Hawaii housing 

finance development corporation to issue revenue bonds to maintain the housing loan 

program by increasing the amount. ($$) -- SB2740 SD1 



SB2742 SD1 (SSCR 2428) RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY. 


Amends provisions relating to the Hawaii community development authority; established. 

Reduces the number of required members for the authorities of each designated 

community development district from 13 to 9 voting members. Makes the chairperson 

of the Hawaiian homes commission, the director of the city and county of Honolulu 

department of planning and permitting, and a cultural expert ex officio, voting members 

in each initial designated district. -- Amends provisions relating to Barbers Point Naval 

Air Station redevelopment; power to redevelop established. Repeals provisions relating 

to board members. -- SB2742 SD1 



SB2745 SD1 (SSCR 2447) RELATING TO ENVIRONMENT. 


Establishes provisions relating to climate change adaptation priority guidelines under the 

Hawaii State planning act. -- SB2745 SD1 


Mar-08 12 Multiple Referral to EEP/ WLO/ then FIN 

SB2746 SD1 (SSCR 2085) RELATING TO ELECTRIC VEHICLES. 


Establishes provisions relating to electric vehicles; registration; license plates; parking 

fee exemptions. Authorizes the department of transportation to adopt rules for the 

registration of, and issuance of special license plates for, electric vehicles. Exempts an 

electric vehicle on which an electric vehicle license plate is affixed from payment of 

parking fees, including those collected through parking meters, charged by any state or 

county authority in this State, and from high occupancy vehicle (HOV) lane restrictions. 

Repeals Act 290, sessions laws of 1997. -- SB2746 SD1 



SB2747 SD1 (SSCR 2083) RELATING TO ELECTRIC VEHICLE PARKING. 


Amends provisions relating to designation of parking spaces for electric vehicles; 

charging units. -- Requires owners or managers of places of public accommodation with 

at least 100 parking space available for use by the general public to designate at least 

1 per cent of parking spaces or up to 5 parking spaces, whichever is lesser, exclusively 

for electric vehicles by July 1, 2012, provided that at least 1 space shall be equipped with 

an electric vehicle charging system, and provided further that no parking space 

designated for electric vehicles shall displace or reduce accessible stalls required by the 

Americans with disabilities act accessibility guidelines. -- Amends provisions relating to 

inattention to driving. Provides that beginning January 1, 2013, any person who parks 

a non electric vehicle in a space designated and marked as reserved for electric vehicles 

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March 8, 2012 112


shall receive a warning. -- SB2747 SD1 



SB2748 SD1 (SSCR 2735) RELATING TO UNCLAIMED PROPERTY. 


Amends provisions relating to unclaimed property. Requires that except for property held 

in a safe deposit box or other safekeeping depository, upon filing the report of abandoned 

property, the holder of property presumed abandoned shall pay, deliver, or cause to be 

paid or delivered to the administrator the property described in the report as unclaimed. 

-- Requires that an agreement which provides for compensation that exceeds 10 per cent 

to be unenforceable except by the owner. -- SB2748 SD1 



SB2749 SD2 (SSCR 2664) RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. 


Amends provisions relating to the allowance on service retirement. Repeals the provision 

that a member has at least 10 years of credited service of which the last 5 or more years 

prior to retirement is credited service as a water safety officer. -- Amends provisions 

relating to ordinary disability retirement allowance. Requires that a class H member who 

becomes a member after June 30, 2012, to receive a maximum retirement allowance 

equal to the higher of either 1 and 3/4ths per cent of the average final compensation 

multiplied by the number of years of class H credited service unreduced for age, plus 1 

and 1/4th per cent of the member's average final compensation multiplied by the number 

of years of class C credited service unreduced for age; or 25 per cent of the member's 

average final compensation. -- Amends provisions relating to ordinary death benefit. 

Requires that no pension is payable to the member's designated beneficiary if the 

member became a member before July 1, 2012, and had less than 5 of credited service 

at the time of death; or if the member became a member after July 30, 2012, and had 10 

or more years of credited serve at the time of death. Requires an amount equal to the 

member's hypothetical account balance be paid to the member's designated beneficiary 

if the member became a member before July 1, 2012 and had 5 or more years of 

credited service at the time of death; or the member became a member after June 30, 

2012; and had 10 or more years of credited service at the time of death. -- SB2749 SD2 



SB2750 SD1 (SSCR 2301) RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. 


Establishes provisions relating to payment by employers of costs associated with spiking. 

Requires the State and each county to include the actuarial present value resulting from 

spiking for each employee or former employee who became a member of the system 

prior to July 1, 2012, and retired in the previous year. Requires the employer to pay the 

contribution from the actuarial value. -- Amends provisions relating to compensation by 

defining base pay and non base pay. -- Amends provisions related to average final 

compensation by limiting of the amount of compensation included in average final 

compensation. -- SB2750 SD1 



SB2751 RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. 


Amends provisions relating to the composition of the board of trustees of the employees' 

retirement system. Requires that of the 3 citizen members, 1 has substantial experience 

providing financial services, including investments, to public, corporate or private clients. 

-- SB2751 



SB2752 SD1 (SSCR 2038) RELATING TO ELECTRIC UTILITIES. 


Establishes provisions relating to power purchase agreements; cost recovery for electric 

utilities. Allows power purchase costs to be recovered by the utility from the customer 

base of the electric utility company through 1 or more adjustable surcharges established 

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March 8, 2012 113


by the public utilities commission. -- SB2752 SD1 



SB2753 SD1 (SSCR 2210) RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. 


Establishes provisions relating to other post employment benefits trust. Authorizes the 

board of the employer union health benefits trust fund to create a trust fund for the 

purpose of receiving employer contributions that will prefund post employment health and 

other benefit costs for retirees and their beneficiaries. -- SB2753 SD1 



SB2758 SD1 (SSCR 2579) RELATING TO BUSINESS REGISTRATION. 


Amends provisions relating to the Hawaii business corporations act, the Hawaii nonprofit 

corporation act, the professional corporation act, partnerships law, the uniform limited 

partnership act, and the uniform limited liability company act. -- SB2758 SD1 



SB2759 SD1 (SSCR 2068) RELATING TO SECURITIES. 


Amends provisions relating to the uniform securities act. Requires an insurer claiming 

an exemption to file a notice of transaction with the commissioner of securities no later 

than 15 days after the 1st sale in this State. Changes the reference to 485A-202(a)(11) 

and (14) to 485A-202(a)(10) and (13). Changes the investment company Act to the 

investment advisers Act. -- SB2759 SD1 


Feb-15 12 Single Referral to CPC 

SB2760 SD1 (SSCR 2737) RELATING TO ESCROW DEPOSITORIES. 


Amends provisions relating to escrow depositories. Requires that all fees, fines, and 

payments be deposited into the compliance resolution fund. Authorizes the 

commissioner of financial institutions to raise or lower any fee and establish new fees. 

Increases fees, fines, and bond amounts. -- SB2760 SD1 



SB2761 SD2 (SSCR 2738) RELATING TO FINANCIAL INSTITUTIONS. 


Amends provisions relating to code of financial institutions. Increases fees. -- SB2761 

SD2 



SB2762 SD1 (SSCR 2623) RELATING TO MONEY TRANSMITTERS. 


Establishes provisions relating to money transmitters act. Allows the commissioner of 

financial institutions to require all licensed money transmitters to register with the 

nationwide mortgage licensing system and registry. Allows a licensed money transmitter 

to voluntarily cease business and surrender its license by giving written notice to the 

commissioner of its intent to surrender its money transmitter license. Allows the 

commissioner to establish relationships or contracts with the nationwide mortgage 

licensing system or other entities designated by the nationwide mortgage licensing 

system and registry to collect and maintain records and process transaction fees or other 

fees related to licensees. Allows the commissioner to use the nationwide mortgage 

licensing system and registry for requesting information from and distributing information 

to the US Department of Justice or any governmental agency; and requesting and 

distributing information to and from any source directed by the commissioner. Requires 

each application to be accompanied by a nonrefundable application fee and an initial 

annual license fee. Requires each money transmitter to pay renewal fees. Requires that 

all fees, administrative penalties, and other charges be deposited into the compliance 

resolution fund. Requires a money transmitter to pay a fee to change its name. 

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March 8, 2012 114


Requires a licensee to submit to the commissioner an application requesting approval 

of a proposed change of control of the licensee, accompanied by a nonrefundable 

application fee. Requires the commission to charge an examination fee to each licensed 

money transmitter and authorized delegate examined or investigated by the commission 

or the commissioner's staff at an hourly fee of 60 dollars. Increases civil penalties. -- 

SB2762 SD1 



SB2763 SD2 (SSCR 2580) RELATING TO MORTGAGE LOAN ORIGINATION. 


Amends provisions relating to secure and fair enforcement for mortgage licensing act. 

Provides that employees who perform mortgage loan originator activities for a mortgage 

servicer company or a nonprofit organization are exempt from registration and licensures 

as a mortgage loan originator under specified conditions. Establishes responsibilities for 

a branch manager for a branch office. Establishes fees for nonprofit organizations. -- 

SB2763 SD2 



SB2764 SD1 (SSCR 2739) RELATING TO MORTGAGE SERVICERS. 


Amends provisions relating to mortgage servicers. Authorizes the commissioner of 

financial institutions to require all mortgage servicers to register with the Nationwide 

Mortgage Licensing System. Prohibits a person licensed as a mortgage servicers from 

providing mortgage loan modification services without a license under the secure and fair 

enforcement for mortgage licensing act. -- SB2764 SD1 



SB2765 SD2 (SSCR 2740) RELATING TO CAPTIVE INSURANCE COMPANIES. 


Amends provisions relating to captive insurance companies. Authorizes the insurance 

commissioner to establish standards to ensure that a parent or its affiliated entity is able 

to exercise control of the risk management function of any controlled unaffiliated business 

to be insured or reinsured by a pure captive insurance company. Provides that captive 

insurance companies writing direct workers' compensation insurance policies may be 

subject to provisions relating to insurers supervision, rehabilitation and liquidation if the 

company is deemed insolvent. Amends provisions relating to grounds and procedures 

for suspension and revocation of certificate of authority by adding fines. Allows the 

commissioner to suspend or revoke the certificate of authority or impose a fine of not less 

than 100 dollars nor more than 10,000 dollars per violation or a combination of actions, 

and provides notice and hearing procedure related to commissioner's actions. -- SB2765 

SD2 



SB2766 SD2 (SSCR 2741) RELATING TO ENTITIES REGULATED BY THE INSURANCE COMMISSIONER. 


Amends provisions relating to benefit societies. Requires the insurance commissioner 

to collect in advance specified fees. Provides that fees and penalties shall be deposited 

into the compliance resolution fund. Provides that upon issuance of a certificate of 

registration the society may apply for a certificate of authority. Increases fee. -- Amends 

provisions relating to health maintenance organizations (HMOs) act. Increases fees. -- 

Amends provisions relating to mutual benefit societies. Repeals provisions relating to the 

authority to offer death, sick, disability, or other benefits; certificate of existence. -- 

SB2766 SD2 





Amends provisions relating to guaranty associations. Adopts the National Association 

of Insurance Commissioners' Property and Casualty Insurance Guaranty Association 

Model Act and Life and Health Insurance Guaranty Association Model Act. -- SB2767 

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March 8, 2012 115


SD2 





Amends provisions relating to unauthorized insurers and surplus lines. Allows a 

nonresident applicant to receive a nonresident surplus lines broker license under 

specified conditions. Requires the insurance commissioner to waive requirements if the 

applicant's home state awards nonresident surplus lines broker licenses to residents of 

this State on the same basis. Establishes provisions for surplus lines broker license 

examinations, prerequisites for license renewal, and continuing education recordkeeping. 

-- Amends provisions relating to producer licensing; reinsurance intermediary; and life 

insurance and annuities. -- SB2768 SD1 





Establishes and amends provisions under insurance law. Requires all homeowners and 

motor vehicle insurers to provide insurance premium information to the insurance 

commissioner upon the commissioner's request. Requires the commissioner to publish 

annually, by electronic or online publication on the official website of the insurance 

division, a list of all homeowners and motor vehicle insurers with representative annual 

premiums for insurance. Amends provisions related to rate adjustment mandates. 

Allows commissioner to adjust rates under certain circumstances and specifies procedure 

and authority of the commissioner where rate filings are disapproved, including rates set 

by the commissioner. -- SB2769 SD2 


Mar-08 12 Multiple Referral to HSG then CPC then FIN 

SB2770 SD1 (SSCR 2627) RELATING TO COLLECTION AGENCIES. 


Amends provisions relating to exempt out of state collections agency by changing it to 

designation as exempt out of state collection agency; limitations on business practices; 

fees; disciplinary action. Provides for the designation as an out of state collection agency 

provided the agency meets certain requirements. Increases penalties. -- SB2770 SD1 



SB2771 SD1 (SSCR 2417) MAKING AN EMERGENCY APPROPRIATION FOR REIMBURSEMENT OF COSTS 

RELATED TO THE ASIA-PACIFIC ECONOMIC COOPERATION MEETINGS. 


Appropriation to the department of defense to reimburse the moneys expended by the 

7 state departments for the costs related to APEC (Asia Pacific Economic Cooperation) 

meetings held in November 2011. ($$) -- SB2771 SD1 


Feb-22 12 Multiple Referral to PBM then FIN 

SB2772 SD1 (SSCR 2422) RELATING TO THE HAWAII STATE PUBLIC LIBRARY SYSTEM. 


Amends Act 51, session laws of 2004, relating to transfers to the department of 

education. Provides that it does not apply to the Hawaii state public library system and 

its employees. -- SB2772 SD1 



SB2773 SD1 (SSCR 2092) RELATING TO LIBRARIES. 


Amends provisions relating to the libraries law. Establishes provisions relating to the 

State librarian; appointment; duties. Transfers duties of the board of education relating 

to libraries to the State librarian. Repeals provisions relating to the bond memorial library 

in Kohala, North Kohala, county of Hawaii. -- SB2773 SD1 



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SB2774 SD2 (SSCR 2632) RELATING TO GOVERNMENT PUBLICATIONS. 


Establishes provisions relating to notification when electronic publications posted. 

Requires every state and county agency to notify the state publications distribution center 

with identification and location information for each electronic publication made available 

on a public networked information system such and the Internet. -- Amends provisions 

relating to deposit of publications. Requires every state and county agency to deposit 

7 copies with the state publications distribution center and additional copies upon a 

request of a representative of that center. -- Amends provisions related to disposition of 

statutes and court reports. Repeals the requirement for no more than 50 copies. -- 

Amends provisions relating to rules. Repeals the provision that the board of education 

may make rules about the center. Requires the chief information officer, with the 

assistance of the office of information management and technology and the Hawaii state 

public library system, to review the technology, personnel, training, fiscal, and other 

requirements necessary to implement a program through which state and county 

agencies would make all of their publications available in electronic format for online 

distribution. Report to the legislature. -- SB2774 SD2 





Amends provisions relating to department implementation (school health services 

program) by changing it to administration of medication. Repeals provisions requiring the 

department of education to implement the program. Amends provisions relating to 

school health aides by adding compensation. Repeals provision that compensation be 

based on a 6 1/2 hour work day including provisions for monthly rate and working 

schedule and leave allowance and provides that they be set in accordance with civil 

service and collective bargaining agreement, executive order, executive directive, or rule. 

-- SB2775 SD1 





Amends corrections law. Amends provisions relating to reentry intake service centers. 

Adds that the center shall provide pretrial risk assessments on adult offenders, except 

persons as specified, for the courts within 3 working days of admission to a community 

correctional center. Amends provisions relating to service of Hawaii paroling authority 

members; compensation; expenses. Increases the Hawaii paroling authority by adding 

2 part time members. Changes salary of the chairperson of the authority to that 

established by the Governor. Appropriation to implement changes to authority. Amends 

provision relating to terms and conditions of parole; suspension and revocation. Limits 

to no more than 6 months mandatory imprisonment for violating parole unless they have 

been charged with a new felony offense, absconded or left the state, did not register as 

a sex offender or condition related to proximity to specified person or locations, or has 

been previously reimprisoned for violating parole; but provides that reimprisonment may 

be for more than 6 months if the authority determines that the paroled prisoner poses a 

significant risk to the safety or property of other persons that can only be mitigated by 

additional incarceration. Amends provisions relating to parole procedure; release on 

parole; terms of parole, recommitment, and reparole; final unconditional release under 

disposition of convicted defendants law. -- Amends provisions relating to parole 

procedure; release on parole; terms of parole, recommitment, and reparole; final 

unconditional release, under disposition of convicted defendants. Provides that in cases 

of persons sentenced to multiple terms of imprisonment, the parole hearing shall not be 

required until at least 1 month before the expiration of the minimum term that expires last 

in time. Requires a validated risk assessment to be used to determine the person's risk 

of re offense and suitability for community supervision. Requires the department of 

public safety to select a research based risk assessment tool and validate the accuracy 

of the risk assessment tool at least every 3 years. Requires persons assessed as low 

risk for re offending to be granted parole upon completing the person's minimum 

sentence, unless the inmate within 2 years of the expiration of the minimum term of 

imprisonment, commits an act that is equivalent to a misdemeanor or felony crime; has 

any pending felony charges; is incarcerated for a sex offense or child abuse and has not 

completed a sex offender treatment program successfully; has local, state, or federal 

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detainers or holds; or is determined by the authority to pose a significant risk to the safety 

or property of other persons that can only be mitigated by additional incarceration. -- 

Amends provisions relating to victim restitution under corrections law. Increases the 

amount deducted and paid to the victim to 25 per cent of the total of all moneys earned 

to be deducted monthly and paid to the victim once the amount reaches 25 dollars, or 

annually, whichever is sooner. -- Amends provisions relating to parole procedure; release 

on parole; terms of parole, recommitment, and reparole; final unconditional release under 

disposition of convicted defendants law. Establishes parole terms for various classes of 

felonies and prohibits prisoners from incarceration beyond the expiration of their 

maximum term of imprisonment. -- Appropriation for the hiring of parole officers and to 

fund inmate pre release and reentry programs through private providers of service in 

order to expedite the release of inmates to parole. -- Reports to the legislature. ($$) -- 

SB2776 SD2 



SB2778 SD1 (SSCR 2262) MAKING AN APPROPRIATION FOR EARLY CHILDHOOD HEALTH. 


Establishes a childhood obesity prevention task force chaired by the director of health or 

designee to develop and recommend legislation related to the prevention of childhood 

obesity. Requires the task force to assemble accurate research, fiscal and demographic 

information, and justification to support policy development, and track outcomes and 

research other state, county, and organizational policy agendas and suggested best 

practices related to childhood obesity prevention policies. Requires the task force to 

meet at least monthly from July through November 2012. Report to the legislature. 

Appropriation to the department of health to collect and analyze Hawaii specific early 

childhood obesity data to identify children at risk; to increase awareness of the health 

implications of early childhood obesity; to promote best practices through community 

based initiatives to improve healthy life choices; and to establish a task force to develop 

and recommend legislation related to the prevention of childhood obesity. ($$) -- SB2778 

SD1 



SB2779 SD2 (SSCR 2772) RELATING TO THE AGING AND DISABILITY RESOURCE CENTERS. 


Establishes provisions relating to aging and disability resource centers program under 

executive office on aging law. Establishes a statewide aging and disability resource 

center with sites in each county to streamline access to long term supports and services 

by integrating the full range of long term supports and services into a single, coordinated 

system. Requires the executive office on aging to coordinate the implementation of the 

statewide aging and disability resource center. Requires the aging and disability 

resource center to be a function of each area agency on aging within the respective 

geographic service area. -- Appropriation to the executive office on aging to establish a 

statewide aging and disability resource center with sites in each county. ($$) -- SB2779 

SD2 



SB2780 SD1 (SSCR 2168) RELATING TO THE DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES 


Authorizes the issuance of general obligation bonds to the office of information 

management and technology to develop and implement an integrated financial and 

human resource management system. Appropriation for the support of the information 

technology transformation initiative. ($$) -- SB2780 SD1 





Appropriation to the department of land and natural resources for projects undertaken in 

accordance with watershed management plans including invasive species removal, 

construction and ongoing maintenance of fences, control of other forest threats, and 

forest restoration. ($$) -- SB2782 SD2 


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Mar-08 12 Multiple Referral to WLO/ EEP/ then FIN 

SB2783 RELATING TO THE PUBLIC TRUST LANDS. 


Conveys lots 1, 2, 3, 4, 5, 6 (portion), and 9 of File Plan 2471 filed at the bureau of 

conveyances on February 23, 2010; TMK (1) 2-1-15-61; and TMK (1) 2-1-15-51 

(Kakaako Makai lands) to the office of Hawaiian affairs as the office's portion of the 

income and proceeds from the public trust lands for the periods November 7, 1978, 

through June 30, 2012. -- SB2783 


Mar-08 12 Multiple Referral to WLO/ HAW/ then JUD then FIN 

SB2784 SD2 (SSCR 2626) MAKING APPROPRIATIONS TO RECAPITALIZE STATE FISCAL RESERVES. 


Appropriation to the department of budget and finance for the purposes of recapitalizing 

the emergency and budget reserve fund (rainy day fund). -- Appropriation to the 

department of commerce and consumer affairs for the purposes of recapitalizing the 

Hawaii hurricane relief fund. ($$) -- SB2784 SD2 



SB2785 SD2 (SSCR 2748) RELATING TO INTERISLAND ELECTRIC TRANSMISSION CABLE SYSTEMS. 


Provides that the cable surcharge shall be exempt from public service company taxes 

and public utilities taxes. Establishes provisions relating to interisland transmission 

system. Provides that prior to installing a high voltage electric transmission cable system 

a cable company shall be selected through a request for proposal, or other process 

approved by the public utilities commission, and issued a certificate of public 

convenience and necessity by the commission. Requires the commission to approve, 

by order, the tariff of the certified cable company. Requires the commission to establish 

a cable surcharge to allow recovery of the high voltage electrical transmission cable 

system costs designated for recovery according to the ratemaking principles determined 

by the commission. Allows the company to recover costs for the purchase of the cable. 

-- Provides that amounts received as a cable surcharge by the electric utility company 

shall be excluded from income taxes. -- SB2785 SD2 


Mar-08 12 Multiple Referral to WLO/ EEP/ then CPC then FIN 

SB2787 SD2 (SSCR 2743) RELATING TO ELECTRICITY. 


Establishes provisions relating to electric reliability. Authorizes the public utilities 

commission to adopt standards to ensure the reliable design and operation of the Hawaii 

electric system and to monitor reliability and operation of the system. Requires each 

user, owner, or operator of the Hawaii electric system or any other person, business, or 

other entity seeking to make an interconnection on the system to follow procedures to be 

established by the commission and allows the commission to require them to pay a 

surcharge to be collected by the utility. Requires the surcharge to be used to ensure the 

reliable operation of the system and overseeing grid access. -- SB2787 SD2 





Establishes provisions relating to employment; teachers. Allows any collective 

bargaining contract made between the exclusive representative of bargaining unit 5 

(teachers and other personnel of the department of education) and a public employer to 

allow the vesting of tenure to commence only upon the completion of 3 years of service 

by the employee to the department of education. -- Amends provisions relating to 

educational accountability system; annual reports. Allows rewards and recognition for 

educators. Requires performance indicators to include gaps in achievement between all 

students and student groups persistently achieving at lower levels; high school 

completion / graduation rates, graduates that met benchmarks for college and career 

readiness; and rates of students entering and persisting in postsecondary education and 

training. Requires evaluation of the effectiveness for individual educators and teachers. 

Requires the establishment of an annual rating of performance that differentiates using 

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March 8, 2012 119


at least 4 performance levels, as determined by the department of education. Reports 

to the legislature. -- SB2789 SD2 



SB2790 SD1 (SSCR 2667) RELATING TO THE DEPARTMENT OF HAWAIIAN HOME LANDS. 


Amends Act 187, session laws of 2010, which establishes the obligations of the 

department of Hawaiian home lands by changing the sunset date from June 30, 2012 to 

June 30, 2015 (sunset). Report to the legislature. -- SB2790 SD1 


Mar-08 12 Multiple Referral to HAW then WLO then FIN 

SB2792 SD3 (FLOOR RELATING TO RENEWABLE ENERGY REVENUE. 

AMENDMENT 4) Introduced by: Tsutsui S (BR) 

Amends provisions relating to the Hawaiian homes commission act of 1920. Requires 

the State to deposit ___ per cent of geothermal royalties collected and ____ per cent 

collected by the State from the disposition of state lands to nongeothermal renewable 

energy producers to be deposited into the native Hawaiian rehabilitation fund. -- Amends 

provisions relating to the disposition to governments, governmental agencies, public 

utilities, and renewable energy producers. Provides that ____ per cent of any revenue 

from any disposition to a nongeothermal renewable energy producer shall be paid to the 

department of Hawaiian home lands and shall be deposited to the native Hawaiian 

rehabilitation fund. -- Amends provisions relating to mineral rights leases. Changes the 

percentage paid to counties from royalties received by the state from geothermal 

resources from 30 per cent to ____ per cent. Provides that contingent upon the county 

in which mining operations are situated of ____ per cent of all royalties received by the 

State, ____ per cent of all royalties received by the State from geothermal mining leases 

shall be paid to the fund. -- SB2792 SD3 


SB2793 SD2 (SSCR 2681) RELATING TO THE HAWAIIAN HOMES COMMISSION ACT. 


Amends provisions relating to the Hawaiian homes commission act of 1920. Allows the 

chair with the unanimous consent from the Hawaiian homes commission to award a 

lease to any native Hawaiian with an original application date of not less than 20 years 

from the date of the approval. -- SB2793 SD2 



SB2796 SD1 (SSCR 2584) RELATING TO DEATH BENEFITS. 


Amends provisions relating to death benefits for deceased medical or financial 

assistance recipients and disposition of unclaimed corpses by changing corpses to dead 

human bodies. Requires all unclaimed dead human bodies to be cremated. Requires 

individuals who have possession, charge, or control of any unclaimed dead human body 

to be cremated at public expense to have 60 days from date of death to submit in writing 

to the department of human services determination that the body is unclaimed and its 

application for payment for cremation. Prohibits time limitation on county medical 

examiners or coroners by which to submit written determination that body is unclaimed 

and application for payment for cremation. Amends Act 205, session laws of 2010, 

establishing a 1 time lump sum death benefits equal to the Social Security Administration 

1 time lump sum death benefit by repealing the sunset date. -- SB2796 SD1 



SB2797 SD1 (SSCR 2334) RELATING TO PSYCHOTROPIC MEDICATIONS IN MEDICAID. 


Amends Act 205, session laws of 2010, by repealing the sunset date for psychotropic 

medication but retaining the repeal of provisions relating to death benefits and prohibiting 

the department of human services from expending money from the Medicaid budget 

without legislative approval. -- SB2797 SD1 



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SB2798 SD1 (SSCR 2139) RELATING TO INSURER REQUIREMENTS. 


Amends provisions relating to insurer requirements under medicaid related mandates. 

Requires health insurers to provide the State with a quarterly report listing its members 

for a cross reference check of prospective and current medicaid beneficiaries. Specifies 

minimum data required. Requires the department of human services to determine the 

data fields and electronic format of the member listing. -- SB2798 SD1 


Mar-08 12 Multiple Referral to HUS then CPC then FIN 

SB2800 SD1 (SSCR 2442) RELATING TO EXEMPTIONS FROM CHILD CARE LICENSING. 


Amends provisions relating to exclusions; exemptions under child care law. Prohibits 

from being construed to include, child care programs licensed by the department of 

education, charter school review panels, the Hawaii council of private schools, or any 

federal agency. Amends the exclusion of child care programs for children 5 years of age 

and older conducted by counties by repealing the age limitation. -- SB2800 SD1 


Mar-08 12 Multiple Referral to HUS then EDN then FIN 

SB2803 SD2 (SSCR 2501) RELATING TO CONTRACT PROPOSALS FOR CHILD CARE. 


Amends provisions relating to proposals and awards under purchases of health and 

human services law. Prohibits any contract to be performed by an applicant who lacks 

any license necessary to conduct the business being sought by the request for proposals, 

with the exception of proposals from applicants to operate a child care program required 

to be licensed under the license for group child care home, group child care center law. 

-- SB2803 SD2 



SB2804 SD2 (SSCR 2773) RELATING TO THE HAWAII INTERAGENCY COUNCIL ON HOMELESSNESS. 


Establishes the Hawaii interagency council on homelessness under department of human 

services. Requires the council to serve as the statewide homelessness planning and 

policy development entity with broad representation from state and county government 

and the community, to formulate and advise the governor on the implementation of a 

unified 10 year statewide plan to address homelessness in all Hawaii counties. Annual 

reports to the legislature, governor and mayors. Act repealed on June 30, 2022 (sunset). 




SB2805 RELATING TO PUBLIC HOUSING. 


Amends provisions relating to nomination of resident board member under Hawaii public 

housing authority law. Changes the number of individuals on the list the resident 

advisory board is required to submit for the governor's consideration when a vacancy 

occurs for the resident member seat on the board from 5 to no less than 3 but no more 

than 5. -- SB2805 



SB2806 SD1 (SSCR 2647) RELATING TO PUBLIC HOUSING. 


Amends provisions relating to Hawaii public housing authority; establishment, staff. 

Changes requirement that the executive director be paid a salary not to exceed 85 per 

cent of the salary of the director of human resources development to requirement that 

the executive director be paid a salary that is determined by the board of directors, 

considering, among other factors, compensation provided to public housing authority 

executive directors with comparable duties and responsibilities, to comparable state and 

local officials, and to comparable private sector executives. -- SB2806 SD1 


Mar-08 12 Multiple Referral to HSG then LAB then FIN 

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March 8, 2012 121


SB2808 MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HUMAN 

SERVICES FOR HEALTH CARE PAYMENTS. 


Appropriation to the department of human services for the health care payments program 

(HMS 401). ($$) -- SB2808 


Feb-22 12 Multiple Referral to HUS then FIN 

SB2810 SD1 (SSCR 2570) RELATING TO EMPLOYMENT EXEMPTION FOR DOMESTIC SERVICES 

AUTHORIZED BY THE DEPARTMENT OF HUMAN SERVICES. 


Amends provisions in workers' compensation law, temporary disability insurance, and 

prepaid health care act laws. Redefines employment to exclude domestic including 

attendant care and day care services authorized by the department of human services 

under the Social Security Act or provided through state funded medical assistance to 

individuals ineligible for medicaid and performed by an individual in the employ of a 

recipient of social services payments. -- SB2810 SD1 


Mar-08 12 Multiple Referral to HUS then LAB then FIN 

SB2811 RELATING TO QUALIFIED COMMUNITY REHABILITATION PROGRAMS. 


Amends Act 213, session laws of 2008, relating to qualified community rehabilitation 

programs. Repeals the requirement that the department of human resources 

development annually report to the legislature on expenditures of qualified community 

rehabilitation programs and related activities. -- SB2811 



SB2813 SD1 (SSCR 2642) RELATING TO THE DISABILITY AND COMMUNICATION ACCESS BOARD SPECIAL 

FUND. 


Amends provisions relating to the disability and communication access board special 

fund. Provides that the fund may receive all moneys received by the access board not 

just application fees for credentialing of interpreters. -- SB2813 SD1 



SB2816 SD1 (SSCR 2493) RELATING TO HOSPITAL LICENSING. 


Amends provisions relating to hospitals; licensing. Changes from a yearly to a continuing 

basis throughout the term of an accreditation of the joint commission on accreditation of 

healthcare organizations the time during which rules may provide that such accreditation 

demonstrates a hospital's compliance with licensing inspections. -- SB2816 SD1 



SB2818 RELATING TO DISPOSITION OF DEAD HUMAN BODIES. 


Amends provisions relating to unclaimed bodies by changing it to disposition of dead 

human bodies. Requires due diligence to notify the relatives, friends, any representative 

of a fraternal society of which the deceased was a member, and any legally responsible 

party. Requires a submittal of a written description of the efforts to determine that the 

dead body in unclaimed to the department of human services for payment for cremation. 

Repeals provisions relating to medical use of unclaimed bodies and university receiving 

unclaimed bodies. -- SB2818 


Feb-22 12 Multiple Referral to HLT then FIN 

SB2819 SD1 (SSCR 2432) RELATING TO SALES OF ELECTRONIC CIGARETTES. 


Amends provisions relating to tobacco and minors. Redefines tobacco and tobacco 

products to include electronic cigarette or e cigarette. -- SB2819 SD1 



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SB2820 RELATING TO THE HAWAII ADVISORY COMMISSION ON DRUG ABUSE AND 

CONTROLLED SUBSTANCES. 


Amends provisions relating to duties of the commission under uniform controlled 

substances act. Repeals from the required duties of the Hawaii advisory commission on 

drug abuse and controlled substances the duties to act in an advisory capacity to the 

department of public safety relating to the scheduling of substances and the 

establishment and maintenance of the classes of controlled substances, and to 

encourage research on abuse of controlled substances. -- SB2820 



SB2821 RELATING TO MORTALITY REVIEW OF DEATHS OF PERSONS WITH 

DEVELOPMENTAL OR INTELLECTUAL DISABILITIES. 


Establishes provisions relating to mortality review of deaths of persons with 

developmental or intellectual disabilities. Allows the department of health to conduct 

multidisciplinary and multiagency mortality review of deaths of person with developmental 

or intellectual disabilities in order to reduce the incidence of preventable deaths. 

Requires upon written request of the director of health, all providers of medical care or 

other services and state and county agencies to disclose to the department and 

individuals appointed by the director of health to participate in the mortality review of a 

death of a person with developmental or intellectual disabilities, adult death review 

information regarding the circumstances of death. Requires disclosure of information 

regarding ongoing civil or criminal investigation to be at the discretion of the applicable 

state, county, or federal law enforcement agency. Makes information and records 

acquired by the department during its review confidential and permits disclosure only as 

necessary to carry out the purposes of the act. Requires information that would not 

identify any person to be public record. Prohibits individuals participating in the review 

from being questioned in any civil or criminal proceeding regarding information presented 

in or opinions formed as a result of a meeting of the multidisciplinary and multiagency 

mortality review of deaths of persons with developmental or intellectual disabilities. 

Provides that nothing in provisions relating to use of information and records from 

mortality reviews of deaths of persons with developmental or intellectual disabilities be 

construed to prevent a person from testifying to information obtained independently of 

the department's review or which is public information or where disclosure is required by 

law or court order. Prohibits information held by the department as a result of the review 

from being subjected to subpoena, discovery, or introduction into evidence in any civil or 

criminal proceeding except that information otherwise available from other sources is not 

immune solely because they were provided as required by the act. Prohibits all agencies 

and individuals participating in reviews from civil and criminal liability for providing 

information under the act. -- SB2821 


Feb-21 12 Multiple Referral to HLT then JUD then FIN 

SB2822 SD2 (SSCR 2640) RELATING TO RECYCLING. 


Establishes the Hawaii electric device recycling task force, within the department of 

health, to make recommendations for a workable recycling program for electric devices 

in Hawaii, keeping in mind the conditions and needs of the various islands. Report to the 

legislature. Task force dissolved on June 30, 2013 (sunset). -- SB2822 SD2 



SB2823 SD1 (SSCR 2749) RELATING TO SOLID WASTE. 


Amends provisions relating to definitions under integrated solid waste management law. 

Adds definition for waste to energy facility. Amends provisions relating to solid waste 

disposal surcharge by changing surcharge to 1.25 dollars for solid waste disposed of 

within the State at landfills or transferred to solid waste reduction facilities within the State 

that collect it for transport out of state provided that there shall be no surcharge for ash 

originating from waste to energy facilities within the State that is disposed of at any 

permitted or unpermitted landfill within the State; and .60 dollars per ton of solid waste 

disposed of within the State at permitted or unpermitted waste to energy facilities; 

provided there shall be no surcharge for solid waste disposed of within the State at 

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March 8, 2012 123


permitted or unpermitted waste to energy facilities than accept less than 150,000 tons 

of solid waste annually. Adds that surcharge to be paid by the person or entity doing the 

disposal at a permitted or unpermitted landfill or at a waste to energy facility, or the 

person or entity responsible for the preparation of the out of state transfer of collected 

solid waste. -- SB2823 SD1 



SB2824 RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM. 


Amends provisions relating to definitions under the deposit beverage container program. 

Repeals the exclusion of energy drinks from the definition of deposit beverage. -- SB2824 


Mar-08 12 Multiple Referral to HLT then EEP/ ERB/ then FIN 

SB2825 SD1 (SSCR 2571) RELATING TO THE HAWAII IMMUNIZATION REGISTRY. 


Amends provisions relating to immunization registry. Adds that the registry information 

include the patient's history of vaccine preventable diseases and contraindications, 

precautions, or comments regarding immunizations or medication. Allows access to the 

registry by authorized health care providers or by authorized employees of the providers, 

and includes compliance with Hawaii vaccines for children and other state provided 

vaccine programs' vaccine ordering and accountability policies and procedures as a 

purpose for which the registry may be accessed. Further allows access to specific 

individuals by authorized health organizations that have been contracted to provide 

health insurance or health plan coverage for those individuals. Requires a patient's 

name and date of birth to be maintained in the registry when a patient, or the parent or 

legal guardian of a minor refuses inclusion in the registry. -- SB2825 SD1 



SB2826 SD1 (SSCR 2235) RELATING TO VOLUNTEER MEDICAL ASSISTANCE SERVICES. 


Amends provisions relating to the trauma system special fund. Provides that volunteer 

medical assistance personnel includes pharmacists. -- SB2826 SD1 



SB2827 SD1 (SSCR 2191) RELATING TO THE TRAUMA SYSTEM SPECIAL FUND. 


Amends provisions relating to trauma system special fund by including among the things 

the fund shall be used to subsidize, costs to staff and operate the State's injury 

prevention program. -- SB2827 SD1 



SB2828 RELATING TO THE HAWAII EARLY INTERVENTION COORDINATING COUNCIL. 


Amends provisions relating to Hawaii early intervention coordinating council; 

establishment. Increases the membership of the council and adds that the council advise 

and assist the department of education regarding the transition of toddlers with special 

needs to preschool and other appropriate services. -- SB2828 


Feb-21 12 Multiple Referral to HLT/ HUS/ then EDN then FIN 

SB2833 SD1 (SSCR 2680) RELATING TO EMPLOYMENT EXEMPTION FOR DOMESTIC SERVICES FOR 

PERSONS WITH DEVELOPMENTAL AND INTELLECUTAL DISABILITIES. (SIC) 


Amends provisions in Hawaii employment security law, workers' compensation law, 

temporary disability insurance, and prepaid health care act laws. Amends provisions 

referring to domestic in home and community based service for persons with 

developmental and intellectual disabilities under the medicaid home and community 

based service program by including as an alternative, services provided through state 

funded medical assistance to individuals ineligible for medicaid. -- SB2833 SD1 


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March 8, 2012 124


Mar-08 12 Multiple Referral to HUS then LAB then FIN 

SB2842 SD1 (SSCR 2478) RELATING TO CIVIL ACTIONS FOR DISCRIMINATORY PRACTICES IN REAL 

PROPERTY TRANSACTIONS. 


Amends provisions relating to enforcement discrimination in real property transactions. 

Allows an aggrieved person to file a civil action or discriminatory practice made unlawful 

no later than 2 years after the occurrence or the termination of an alleged discriminatory 

practice, provided that the civil rights commission shall issue a right to sue on a complaint 

filed with the commission if it determines that a civil action alleging similar acts has been 

filed. -- SB2842 SD1 



SB2845 SD1 (SSCR 2456) RELATING TO MEDICAL BENEFITS UNDER THE WORKERS' COMPENSATION LAW. 


Amends provisions relating to medical care, services, and supplies under workers' 

compensation law. Changes the requirement that the director of labor and industrial 

relations make a decision within 30 days of the filing of a dispute to allowing the director 

to make a decision without a hearing within 30 days of the filing of a dispute. -- SB2845 

SD1 


Mar-08 12 Multiple Referral to LAB then ERB then FIN 

SB2846 SD1 (SSCR 2477) RELATING TO NOTICE OF WORKERS' COMPENSATION INSURANCE. 


Amends provisions relating to notice of insurance under workers' compensation law. 

Allows the director of labor and industrial relations to also accept the notice of employer's 

insurance from approved 3rd party agencies in a manner and form approved by the 

director. -- SB2846 SD1 


Mar-08 12 Multiple Referral to LAB then ERB then FIN 

SB2849 SD1 (SSCR 2492) RELATING TO SAILING SCHOOL VESSELS. 


Amends provisions relating to ocean recreation and coastal areas programs. Redefines 

a sailing school vessel to require compliance with title 46 Code of Federal Regulations 

part 169. -- SB2849 SD1 



SB2850 SD1 (SSCR 2487) RELATING TO GROUNDED VESSELS. 


Amends provisions relating to vessel aground on State property. Authorizes the 

department of land and natural resources to remove and take control of any vessel that 

cannot be immediately removed by the owner within 24 hours in a manner that is 

reasonably safe, as determined by the department, or for which no effective salvage 

operation has been initiated within 24 hours of grounding. Allows the owner of the vessel 

to continue as the primary agent in salvaging the vessel after 24 hours upon providing 

proof of a marine insurance policy listing the State as an additional insured in the amount 

of at least 1 million dollars and proof that the owner is actively and effectively initiating 

a salvage effort with reasonable evidence, as determined by the department, that the 

vessel may be saved within 72 hours of grounding, provided that the department may 

allow an extension beyond the 72 hour limit, if it determines that no additional 

environmental damage exists. -- SB2850 SD1 



SB2852 SD2 (SSCR 2802) RELATING TO AQUATIC RESOURCE VIOLATIONS. 


Amends provisions relating to general administrative penalties. Authorizes the board of 

land and natural resources to require the performance of natural resource related 

community services for violations. -- Amends provisions relating to licensing. Requires 

the examiner of drivers, upon receipt of certification from the board of land and natural 

resources, to deny or suspend any license to operate motor vehicles and confiscate any 

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March 8, 2012 125


license issued to the person. Requires the examiner of drivers to not reinstate a person's 

driver's license until the board issues a release canceling the certification. Requires the 

board to provide the examiner of drivers the driver's license number and other identifying 

information of the person that is noncompliant with administrative penalties imposed by 

the board. Requires the board to provide a copy of the certification to the person by 

regular mail. -- SB2852 SD2 



SB2856 PROPOSING AN AMENDMENT TO ARTICLE VII, SECTION 12, OF THE HAWAII 

STATE CONSTITUTION TO ASSIST DAM AND RESERVOIR OWNERS. 


Proposes to amend the constitution. Authorizes the State to issue special purpose 

revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners. 

-- SB2856 



SB2857 SD1 (SSCR 2151) RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST DAM AND 

RESERVOIR OWNERS. 


Establishes provisions relating to assisting dams and reservoir owners. Authorizes the 

department of budget and finance, with the approval of the governor, to issue special 

purpose revenue bonds to assist owners of a dam, or reservoir, or land on which they are 

located. -- SB2857 SD1 



SB2858 SD1 (SSCR 2457) RELATING TO OPEN GOVERNMENT. 


Establishes provisions relating to agency appeal of a decision by the office of information 

practices. Allows an agency to seek judicial review of a decision by the office of 

information practices administered by the lieutenant governor. Requires the circuit 

court's decision to be limited to the record that was before the office when it rendered the 

decision, unless the circuit court finds that extraordinary circumstances justify discovery 

and admission of additional evidence. Requires the court to uphold a decision of the 

office unless it concludes that the decision was palpably erroneous. -- SB2858 SD1 



SB2859 SD1 (SSCR 2458) RELATING TO OPEN GOVERNMENT. 


Amends provisions relating to the public agency meetings and record law. Allows board 

member to hear testimony for a meeting cancelled for lack of quorum, provided that 

deliberation or decision making on any item, for which testimony or presentations are 

received, occurs only at a duly noticed meeting of the board held subsequent to the 

receipt of the testimony and presentations; the members present shall create a record 

of the oral testimony or presentations and provide copies of the testimony and 

presentations at the canceled meeting to all members of the board. Allows 2 or more 

members of a board, but fewer than the number of members necessary to constitute a 

quorum to attend an information meeting or presentation on matters relating to official 

board business and to participate in a discussion on a social media web site about 

matters relating to official board business. Allows from July 1, 2012 to June 30, 2016 

(sunset) 2 or more members of a board, but fewer than the quorum, may participate in 

a discussion on a social media website about matters relating to official board business; 

provided that the board has previously adopted a policy on the use of social media and 

no commitment to vote is made or sought and the discussion the social media meets 

certain criteria. Requires the board to give written public notice of any emergency 

meeting. -- SB2859 SD1 



SB2865 RELATING TO DEPARTMENT OF PUBLIC SAFETY FEDERAL REIMBURSEMENT 

MAXIMIZATION SPECIAL FUND. 


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Amends provisions relating to federal reimbursement maximization special fund. Adds 

that the funds in the federal reimbursement maximization special fund shall additionally 

be used by the department of public safety to hire consultants to provide training for 

corrections officers and to conduct facility or program evaluations; for vehicles to 

transport inmates; provide pre release and reentry programs; improve technology; and 

develop a plan for workforce recruitment and retention. -- SB2865 



SB2866 SD1 (SSCR 2443) RELATING TO COMPREHENSIVE OFFENDER REENTRY SYSTEM. 


Establishes provisions relating to offender reentry office under comprehensive offender 

reentry system law. Establishes within the department of public safety an offender 

reentry office to oversee the development and implementation of the comprehensive 

offender reentry system. -- Amends provisions relating to reentry intake service centers 

under corrections law. Repeals reentry provisions. -- Amends Act 24, special session 

laws of 2009. Requires the reentry commission to ensure that the comprehensive 

offender reentry under the comprehensive offender reentry system law is implemented 

as soon as practicable to provide programs and services that result in the release of 

inmates onto parole when the maximum terms have been served instead of delaying the 

release for lack of programs and services. Changes the composition of the reentry 

commission and decreases membership from 11 to 10 members. Extends date that the 

commission shall cease to exist to December 1, 2015 (sunset). -- Requires that the 

members of the commission appointed pursuant to Act 24, special session laws of 2009, 

cease to be members on June 30, 2012. Requires that new members to the commission 

be selected beginning July 1, 2012. -- SB2866 SD1 



SB2867 SD1 (SSCR 2433) RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE 




Internal Revenue Code. -- SB2867 SD1 



SB2868 SD1 (SSCR 2527) RELATING TO TAX CLEARANCE FEES. 


Establishes provisions relating to tax clearance fees. Allows the department of taxation 

to charge a fee for each tax clearance request submitted, a fee for each certified copy 

of a tax clearance and additional fees related to the issuance of tax clearance. Provides 

that electronic tax clearance requests may be submitted by taxpayers online at no 

charge. -- SB2868 SD1 



SB2869 SD1 (SSCR 2434) RELATING TO THE TAX REVIEW COMMISSION. 


Amends provisions relating to duties under the tax review commission. Requires the 

commission to submit the required evaluation and recommendations and report to the 

legislature 30 days prior to the convening of the regular session of 2013. Appropriation. 

($$) -- SB2869 SD1 



SB2871 SD1 (SSCR 2157) RELATING TO COMMERCIAL DRIVER'S LICENSE. 


Establishes provisions relating to using an electronic device for text messaging while 

operating a commercial motor vehicle. Prohibits a person from using an electronic 

device for texting while operating a commercial motor vehicle. Establishes fine and 

disqualification from driving a commercial vehicle. -- Amends provisions relating to 

commercial driver's license required. Prohibits a person to operate a commercial motor 

vehicle without a commercial driver's license in such person's possession. -- SB2871 

SD1 

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March 8, 2012 127




SB2872 RELATING TO PROCUREMENT. 


Amends provisions relating to the Hawaii public procurement code. Amends provisions 

requiring that in any contract involving not only state or county funds but supplemental 

funds from a utility, this law is applicable to that portion of the contract price payable out 

of state or county funds as well as that portion of the contract price payable out of funds 

from a utility, or payable out of state or county funds paid to a utility by repealing pursuant 

to the relocation of utility facilities provision. -- SB2872 


Mar-08 12 Multiple Referral to ERB then TRN then FIN 

SB2873 SD1 (SSCR 2446) RELATING TO ENVIRONMENTAL IMPACT STATEMENTS. 


Establishes provisions relating to exception to applicability of chapter under 

environmental impact statements law. Allows agencies to exempt secondary action from 

environmental impact statements law if a primary action that requires a permit or 

approval is not subject to discretionary consent, and that secondary action is ancillary 

and limited to the installation, improvement, renovation, construction, or development of 

infrastructure within an existing public right of way or highway. Amends provisions 

relating to applicability and requirements. Changes requirement that the agency initially 

receiving and agreeing to process a request for approval shall prepare an environmental 

assessment to requirement that the agency require the applicant to prepare an 

environmental assessment. Changes requirement that the office determine which 

agency shall prepare an environmental assessment where there are 2 or more state or 

county agencies with jurisdiction over a proposal, to requiring the office to determine 

whether preparation of an assessment by an applicant is required where there are 2 or 

more state or county agencies with jurisdiction over determining whether an 

environmental assessment is required. -- SB2873 SD1 


Mar-08 12 Multiple Referral to TRN then EEP then JUD 

SB2874 SD1 (SSCR 2119) RELATING TO AIRPORT REVENUE. 


Amends provisions relating to disposition by negotiation. Redefines airport related to 

mean a purpose or activity that requires air transportation to achieve that purpose or 

activity; or an activity that generates revenue for the airport system. Allows granting the 

use and occupancy of any portion of the land under the department of transportation 

jurisdiction which for the time being may not be required by the department for 

aeronautics purposes. -- SB2874 SD1 


Mar-08 12 Multiple Referral to TRN then WLO then FIN 

SB2876 SD2 (SSCR 2804) RELATING TO THE COMMERCIAL HARBORS. 


Establishes provisions relating to enforcement of rules under harbors law. Requires 

department of transportation enforcement officers or harbor agents to enforce rules by 

issuing notices of violation to purported violators. Requires the notice to inform the 

recipient to remit a fee to the harbor special fund to forfeit appearing before an 

administrative hearing to contest the charge, or to appear before an administrative 

hearing to answer to the charge. -- Amends provisions relating to creation of harbor 

special fund; disposition of harbor special fund. Requires fines and penalties arising 

under provisions relating to violation of rules; penalty and pursuant to provisions relating 

to fines arising from environmental protection violations to be paid into the harbor special 

fund. Repeals exclusion of recreational property from requirement that moneys derived 

from harbor properties be paid into the harbor special fund. Repeals exclusion of 

recreational property from use of moneys from the fund. -- Amends provisions relating 

to arrest or citation. Exempts from adjudication as a misdemeanor, and fine and 

imprisonment on conviction, enforcement of state law pursuant to laws relating to motor 

vehicle safety responsibility act; common carriers, compulsory insurance; used motor 

vehicle parts and accessories; abandoned vehicles; traffic violations; a nonresident 

violator compact; statewide traffic code; adjudication of traffic infractions; use of 

intoxicants while operating a vehicle; inchoate crimes; offenses against the person; 

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March 8, 2012 128


offenses against property rights; money laundering; offenses against the family and 

against incompetents; offenses against public administration; offenses against public 

health and morals; and forfeiture. -- Amends provisions relating to fines arising from 

environmental protection violations. Adds fines arising from maritime transportation 

security violations to title. Extends provisions to violations of maritime transportation 

security pursuant to 33 CFR Chapter 1 and to fines levied by the US Coast Guard. 

Allows the department to collect and deposit amounts reimbursable into the harbor 

special fund. -- SB2876 SD2 


Mar-08 12 Multiple Referral to TRN then JUD then FIN 

SB2877 SD1 (SSCR 2658) RELATING TO HARBORS FIREBOAT. 


Amends provisions relating to maintenance of fire boat. Repeals references to the city 

and county of Honolulu. -- SB2877 SD1 


Mar-08 12 Multiple Referral to TRN/ PBM/ then FIN 

SB2893 SD1 (SSCR 2541) RELATING TO GAMBLING. 

Introduced by: Ryan P, Galuteria B 

Establishes a gambling commission attached to the office of the auditor to undertake an 

independent analysis of the economic and social costs and benefits of gambling for the 

State. Reports to the legislature and governor. Commission to be dissolved on 

December 31, 2013 (sunset). Appropriation. ($$) -- SB2893 SD1 


Mar-08 12 Multiple Referral to ERB then JUD then FIN 

SB2895 SD2 (SSCR 2745) RELATING TO NEW MARKETS TAX CREDITS. 

Introduced by: Ryan P, Chun Oakland S 

Amends provisions relating to qualified community based development law. Defines 

qualified community development entity to mean the same as the definition in section 

45D(c) (1) of the Internal Revenue Code of 1986, as amended. Authorizes the 

department of business, economic development and tourism to prescribe the 

qualifications for loan guarantees and credit enhancements to provide, participate in, and 

acquire loans used to capitalize entities that make financing available for activities and 

enterprises, including qualified community development entities, and to establish interest 

rates, fees, and charges chargeable by the State for guarantees and credit 

enhancements. Amends provisions relating to loans by adding loans to entities that 

capitalize qualified community development entities that use the proceeds to make loans 

to borrowers. Amends provisions relating to terms and limitations of loans by adding 

guarantees and credit enhancement and by changing the amount of the loan from 

250,000 dollars to 5 million dollars. -- Provides a new markets income tax credit for a 

taxpayer who holds a qualified equity investment on a credit allowance date of that 

investment equal to the amount paid to a qualified community development entity for the 

applicable percentage of the amount paid to the qualified community development entity 

for the investment at its original issue. -- Provides that the new market income tax credit 

shall be operative for the taxation of banks and other financial corporations law. -- 

Provides that the new market income tax credit shall be operative for the insurance code 

law. -- Amends income tax provisions to conform the Hawaii income tax law to the 

Federal Internal Revenue Code. Provides that section 45D (with respect to new markets 

tax credits) shall be operative. Further provides that Revenue Code Section 501 (c) (12), 

(15) and (16) (with respect to exempt organizations) shall not be operative except for 

companies that provide potable water under section 501 (c) (12). -- SB2895 SD2 



SB2899 SD1 (SSCR 2459) RELATING TO THE HAWAII RULES OF EVIDENCE. 

Introduced by: Kahele G 

Amends provisions relating to Hawaii rules of evidence; title of rule 404. Prohibits 

evidence of a person's character for the purpose of proving action in conformity therewith 

on a particular occasion, except if evidence of a trait of character of aggressiveness of 

the victim is offered by an accused and admitted as evidence of the same trait of 

character of the accused offered by the prosecution. -- SB2899 SD1 



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March 8, 2012 129


SB2900 SD1 (SSCR 2518) RELATING TO POST CONVICTION PROCEEDINGS. 

Introduced by: Kahele G, Galuteria B 

Establishes provisions relating to time limitation under the habeas corpus law. Provides 

time limitations for filing of complaints under the habeas corpus law or a petition for post 

conviction relief law. -- Provides provisions for dismissal of claims presented in a 2nd or 

successive complaint not presented in a prior complaint. Provides exceptions. -- SB2900 

SD1 



SB2906 SD1 (SSCR 2445) RELATING TO THRILL CRAFT. 


Amends provisions relating to operation of thrill craft; parasailing; water sledding; 

commercial high speed boating. Allows a person to operate a thrill craft in the waters of 

the State to conduct ocean cleanup, as provided by the department of land and natural 

resources. Requires the chairperson of the board of land and natural resources to report 

to the legislature. -- SB2906 SD1 



SB2909 RELATING TO ENHANCED 911 SERVICES. 



cellular phone, mobile telephone, wireless telephone). Redefines public safety agency 

to mean a functional division of the State or a county rather than governmental entity, 

that provides or has authority to provide, or a state or county agency that provides 

firefighting, law enforcement, ambulance, medical, or other emergency services. -- 

SB2909 


Feb-21 12 Single Referral to PBM 

SB2918 SD2 (SSCR 2805) RELATING TO COMMUNITY DEVELOPMENT. 

Introduced by: Wakai G 

Directs the stadium authority to transfer the development rights of the parcel of land 

identified as tax map key ____ to the public land development corporation. -- SB2918 

SD2 



SB2923 SD3 (FLOOR RELATING TO OPIHI HARVESTING AND POSSESSION RESTRICTIONS. 

AMENDMENT 6) Introduced by: Hee C 

Establishes provisions relating to opihi harvesting and possession, restricted. Prohibits 

any person at any time to take, harvest, or possess opihi from any coastal area or 

nearshore waters of off shore islets in the State, including those islands listed in the Atlas 

of Hawaii, 3rd Edition (1998), manmade jetties and breakwaters, as well as fishery 

management areas, fisheries replenishment areas, natural area reserves, refuges, and 

marine life conservation districts established by the department of land and natural 

resources. Further prohibits any person at any time of the year to take or harvest opihi 

from below the waterline, or possess opihi taken from below the waterline, of any coastal 

area or nearshore waters of the islands of the State. Further prohibits any person to take 

or harvest opihi from above the waterline of the coastal areas or nearshore waters of the 

State or be in possession of opihi within the State during the closed seasons; provided 

that opihi taken or harvested for noncommercial purposes from above the waterline 

during the open seasons may be possessed for sale or consumption during the closed 

seasons. Requires the division of aquatic resources of the department and the Hawaii 

institute of marine biology of the university of Hawaii shall jointly determine the dates for 

open and closed opihi harvesting seasons. Requires the division of aquatic resources 

of the department of land and natural resources to submit an annual report to the 

legislature. Provides that the Kahoolawe island reserve commission shall govern the 

taking, harvesting, or possessing of opihi in the reserve, including the islands of Puukoae 

and Aleale. -- Prohibits harvesting or taking opihi for commercial purposesfrom the 

coastal areas or nearshore waters of the island of Oahu until June 30, 2017 (sunset). -- 

Amends provisions relating to Hihiwai, hapawai, and opae kala`ole (Kalaole) selling 

prohibited by adding opihi. Makes it unlawful to sell or offer for sale for commercial 

purposes any opihi taken from any of the waters within the jurisdiction of the State. -- 

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March 8, 2012 130


SB2923 SD3 


SB2927 SD2 (SSCR 2806) RELATING TO COMMUNITY PLANNING. 


Establishes provisions relating to planning districts. Establishes planning districts that 

consist of a main street redevelopment project and transit oriented development within 

a radius of a bus transit station or a rail transit station. Allows a qualified developer to 

submit an application for approval of an exceptional planning project within a planning 

district to the planning agency that shall include a transit ridership study that 

demonstrates the need for development to achieve desired goals for transit ridership and 

overall land use density. Provides state and county incentives for planning projects 

approved by the respective legislative body. Allows a county to establish transit or main 

street redevelopment programs to include community based planning for transit or main 

street redevelopment, strategies for infrastructure upgrades to support development and 

redevelopment and minimum urban design and site plan guidelines. Establishes a 

discretionary review process to be conducted by the county legislative body, subject to 

the recommendation of the county planning director, for the transfer of floor area within 

a planning district for the purpose of encouraging the transfer of floor area to properties 

with lot dimensions that allow for additional floor area while complying with the building 

envelope requirements and building height requirements set forth in a county land use 

ordinance. -- SB2927 SD2 


Mar-08 12 Multiple Referral to WLO/ HSG/ then TRN/ ERB/ then 

FIN 

SB2933 SD2 (SSCR 2601) RELATING TO OCEAN SAFETY. 

Introduced by: Baker R, Tsutsui S 

Establishes provisions relating to safety of ocean users; rules. Requires the department 

of land and natural resources to adopt rules to promote greater safety of ocean users in 

the State's nearshore waters. Appropriation to the department of land and natural 

resources for the installation of 8 swim zone buoys at Kamaole beach. ($$) Report to 

the legislature. -- SB2933 SD2 



SB2935 SD2 (SSCR 2651) RELATING TO HEALTH CARE COORDINATION. 


Establishes provisions relating to public private partnership under Hawaii health systems 

corporation law. Establishes the partnership within the Hawaii health systems 

corporation in a county with a population between 100,000 and 170,000, to research, 

develop, and implement a model of health care delivery that addresses the coordination 

of care across the spectrum of care from acute, to skilled nursing facility to home, 

seamlessly, efficiently, appropriately, and in a cost effective manner. Imposes 

requirements upon the partnership including working to resolve the current crises in post 

acute care. Allows Hale Makua Health Services to become a membership corporation 

with Hawaii health systems corporation as its sole member; provided that the rights and 

duties of the Hawaii health systems corporation shall be delegated to the Maui regional 

system board of directors; the directors of Hale Makua Health Services shall be 

appointed by the Hawaii health systems corporation from a list of persons provided by 

the current Hale Makua Health Services board of directors; and the sole membership 

corporation established by the act shall be exempt from collective bargaining in public 

employment law and expenditure of public money and public contracts law. -- 




SB2936 SD2 (SSCR 2641) RELATING TO PUBLIC ASSISTANCE PROGRAMS. 

Introduced by: Chun Oakland S (BR) 

Amends provisions relating to determination of amount of assistance under department 

of human services law. Includes other funds appropriated to the department of human 

services as a basis upon which the director of human services is required to determine 

allowances for general assistance to households without minor dependents. Amends 

provisions relating to general assistance to households without minor dependents. -- 

SB2936 SD2 

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March 8, 2012 131





ASSIST ST. FRANCIS HEALTHCARE SYSTEM OF HAWAII. 


Authorizes the issuance of special purpose revenue bonds to assist St. Francis 

healthcare system of Hawaii, a Hawaii nonprofit corporation, to finance the construction, 

improvement, and equipment of its healthcare facilities. Authorizes the issuance of 


($$) -- SB2939 SD1 



SB2941 SD2 (SSCR 2635) RELATING TO HIGH TECHNOLOGY. 


Amends provisions relating to the income tax credit for research activities. Requires a 


the department of taxation's website. Report to the legislature. Extends the tax credit 

to December 31, 2016 (sunset). -- SB2941 SD2 






Extends the sunset date of the 7.50 dollars surcharge tax to June 30, 2015. Amends Act 

104, session laws of 2011, relating to the remittance of the surcharge and establishing 

a rental motor vehicle customer facility charge on the customer, by extending the sunset 

date to June 30, 2015. -- Authorizes the department of transportation to issue airport 

revenue bonds for airport capital improvement projects. governor to report to the 

legislature. ($$) -- SB2946 SD2 





Establishes provisions relating to annual reports on tax credits or exemptions relating to 

economic development; posting on department website. Requires state agencies 

required to certify or administer a tax credit or exemption that has a purpose related to 

economic development to report to the department of taxation. Requires the department 

to identify the relevant authority and notify the respective agencies. Provides that if no 

agency has authority, the department shall prepare the report. Requires information from 

the report to be posted on the department's website. Appropriation. ($$) -- SB2947 SD2 



SB2948 SD1 (SSCR 2528) RELATING TO FINANCING AGREEMENTS. 

Introduced by: Kidani M 

Amends provisions relating to financing agreements. Allows the issuance of certificates 

of participation without legislative approval, providing certain limitations. -- SB2948 SD1 



SB2950 SD2 (SSCR 2796) RELATING TO APPROPRIATIONS FOR THE HONOLULU FAMILY JUSTICE CENTER. 

Introduced by: Kidani M (BR) 

Appropriation to the department of the prosecuting attorney of the city and county of 

Honolulu as a grant in aid to the Honolulu family justice center including the hiring of 

necessary staff. ($$) -- SB2950 SD2 



SB2952 SD2 (SSCR 2614) RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR LE 

JARDIN ACADEMY. 


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March 8, 2012 132


Authorizes the issuance of special purpose revenue bonds to assist Le Jardin academy, 

a private not for profit elementary and secondary school, in financing and refinancing the 

planning, acquisition, construction, improvement, and equipping of its educational 

facilities in the state of Hawaii. Authorizes the issuance of refunding special purpose 

revenue bonds to refund the special purpose revenue bonds. ($$) -- SB2952 SD2 





Appropriation to the department of health for the implementation of a new bone marrow 

transplantation program in the State. ($$) -- SB2958 SD2 



SB2960 SD2 (SSCR 2801) RELATING TO AERONAUTICS. 

Introduced by: Tsutsui S, English J 

Amends provisions relating to operation and use privileges under aeronautics law. 

Prohibits landing fees from being assessed by the department of transportation upon air 

carriers that provide interisland service, except for flights landing at Molokai airport, Lanai 

airport, Kapalua West Maui airport, Hana airport, Kalaupapa airport, and Waimea Kohala 

airport. -- Requires that the act only take effect on the date of receipt of written 

notification from the Federal Aviation Administration that the act does not conflict with the 

State's eligibility to receive financial aid from the federal government. Act to be repealed 

on June 30, 2014 (sunset). -- SB2960 SD2 



SB2966 SD2 (SSCR 2678) RELATING TO RENEWABLE ENERGY. 


Amends provisions relating to maximum capacity of eligible customer generator. 

Changes the allowable maximum capacity from 50 kilowatts to 2 megawatts if the 

generating facility is sited on property owned or controlled by the State, or a maximum 

of 1 megawatt for all other customer generators. -- Provides that if the public utilities 

commission issues an order or decision prior to July 1, 2013, pursuant to docket 

2007-0176 or 2011-0206, which relate to the implementation of the intragovernmental 

wheeling of electricity and the reliability standards for certain electric companies, 

respectively, the act shall be repealed on the date of the public utilities commission's 

order or decision on either docket (sunset). -- SB2966 SD2 


Mar-08 12 Multiple Referral to EEP/ WLO/ then CPC 



Establishes bargaining unit 14 (ocean safety officers and water safety officers employed 

by the State or counties). Requires the Hawaii labor relations board to assist in the 

resolution of the impasse existing between public employer and the exclusive 

representative of bargaining unit 14, ocean safety officers and water safety offices 

employed by the State or counties. Requires employers and exclusive representative to 

meet and consult to identify all those workers and corresponding classes of work that 

would meet the definition of collective bargaining and be migrated over to the newly 

created bargaining unit 14. Report to the legislature. -- SB2967 SD2 


Mar-08 12 Multiple Referral to LAB/ PBM/ then FIN 

SB2968 SD2 (SSCR 2621) RELATING TO MOTOR VEHICLE INSURANCE. 

Introduced by: Tsutsui S, Baker R, English J, Ihara L, Tokuda J, Ige D 

Establishes provisions relating to driver safety or driver improvement course; premium 

discounts under motor vehicle insurance law. Allows insurers to offer premium discounts 

for insureds who complete a driver safety course or driver improvement course. -- 

SB2968 SD2 


Mar-08 12 Multiple Referral to TRN then CPC 

SB2969 SD1 (SSCR 2761) RELATING TO EARLY LEARNING. 

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March 8, 2012 133


Introduced by: Tsutsui S, Baker R, English J, Ihara L, Espero W, Tokuda J, Fukunaga 

C, Ige D 

Establishes provisions relating to additional income designation or check off authorized. 

Allows an individual to designate a portion of their income tax refund to the early learning 

trust fund. -- SB2969 SD1 



SB2971 RELATING TO VEHICLES. 


Amends provisions relating to offenses against the person. Redefines vehicle to mean 

the same as the use of intoxicants while operating a vehicle law. Amends provisions 

relating to negligent injury in the 1st degree. Provides that a person is guilty of the 

offense of negligent injury in the 1st degree if that person causes serious bodily injury to 

another person by the operation of a vehicle in a negligent manner. -- Amends provisions 

relating to negligent injury in the 2nd degree. Provides that a person is guilty of the 

offense of negligent injury in the 2nd degree if that person causes substantial bodily injury 

to another person by the operation of a vehicle in a negligent manner. -- SB2971 





Provides an aviation fuel income tax credit for an interisland airplane carrier for the 

amount paid by the interisland airplane carrier representing the fuel taxes passed on to 

the interisland airplane carrier by a distributor. -- SB2977 SD2 



SB2981 SD2 (SSCR 2679) RELATING TO RENEWABLE ENERGY. 


Allows the public utilities commission to direct electric utilities to develop specified 

scenarios as part of their integrated resource plans and may direct them to consider 

specified resource options as part of their integrated resource plans. Requires the 

commission to include specified information in its 2013 and 2014 annual reports to the 

governor. -- SB2981 SD2 




Introduced by: Kouchi R 


defining power generating facility to mean any electricity generating facility that requires 

a permit issued under the Federal Clean Air Act or the Hawaii air pollution control law, 

or both and increasing the tax for each gallon of naphtha sold for use in a power 

generating facility to 2 cents by extending the sunset date to December 31, 2017. -- 

SB2986 SD1 



SB2988 RELATING TO STATE FUNDS. 

Introduced by: Kim D, Ige D, Kouchi R, Ryan P, Tokuda J, Shimabukuro M, Kidani M, 

Galuteria B 

Establishes provisions relating to the debt service; restructuring. Allows the director of 

finance to restructure the debt service for state obligations; provided that any such 

restructuring shall take into consideration the long term financial obligations of the State 

and shall not be undertaken solely to provide short time savings. -- SB2988 



SB2990 SD2 (SSCR 2609) RELATING TO ALOHA STADIUM. 


Appropriation out of the stadium special fund to the department of accounting and 

general services to contract with an independent 3rd party to develop a long range plan 

for Aloha Stadium, which shall include a feasibility study to determine the cost benefits 

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March 8, 2012 134


of placing Aloha Stadium under the jurisdiction of the university of Hawaii rather than the 

department of accounting and general services. Report to the legislature. ($$) -- SB2990 

SD2 


Mar-08 12 Multiple Referral to WLO then HED then FIN 

SB2994 SD2 (SSCR 2762) RELATING TO STATE LIBRARIES. 

Introduced by: Slom S, Kidani M, Chun Oakland S 

Amends provisions relating to the libraries law. Allows the board of education to enter 

into contract as approved by the governor with any tax exempt nonprofit corporation 

whose primary purpose is the support of a library within the Hawaii state public library 

system. Authorizes the head librarian of each library branch, with the approval of the 

state librarian, and in consultation with the board of education to issue license, revocable 

permits, concessions or rights of entry for the use of library facilities and grounds. 

Empowers the board to determine the amount of net income or proceeds received from 

the operation of any concession, vending machine, or other for profit business enterprise 

within or on the grounds of any state library facility that will be deposited into the libraries 

special fund. Repeals the Hawaii state library foundation trust fund. -- SB2994 SD2 



SB2998 SD1 (SSCR 2436) RELATING TO TAX PENALTIES. 

Introduced by: Ige D, Wakai G, Kidani M, Shimabukuro M 

Amends provisions relating to penalties and interest under the administration of taxes 

law. Provides that wilful failure to collect and pay over tax, substantial understatements 

or misstatements of amounts, and erroneous claim for refund or credit provisions shall 

not apply to any portion of an underpayment on which a penalty is imposed. -- SB2998 

SD1 



SB3001 SD2 (SSCR 2591) RELATING TO WILDLIFE. 

Introduced by: Kahele G, Solomon M, Gabbard M, Ryan P, Kidani M, Shimabukuro M, 

Green J 

Establishes provisions relating to interisland transportation of wild or feral mammals 

prohibited. Prohibits a person to intentionally, knowingly, or recklessly transfer or 

transport through interisland movement any wild or feral mammal, provided that 

specimens of wild or feral mammals required for scientific or educational purposes may 

be transported only when authorized under permits issued by the department of land and 

natural resources. -- Establishes penalties and fines. -- SB3001 SD2 



SB3002 SD2 (SSCR 2498) RELATING TO REAL ESTATE BROKERS AND SALESPERSONS. 

Introduced by: Kahele G, Shimabukuro M 

Amends provisions relating to revocation, suspension, and fine under real estate brokers 

and salespersons law. Provides that real estate brokers or salespersons shall not be 

held liable for misrepresentations based upon a good faith reliance on the information 

provided by a reputable property inspector, by the seller or a representative of the seller, 

by a surveyor, contractor, or other licensed professional, by a community or homeowner 

association's representative, by a property manager, or in public records, and that real 

estate brokers and salespersons shall not be held liable for reliance in good faith and with 

due care on a disclosure that is prepared pursuant to provisions relating to good faith and 

due care in preparing the disclosure statement, under mandatory seller disclosures in 

real estate transactions law. -- SB3002 SD2 


Mar-08 12 Single Referral to CPC/ JUD/ 

SB3003 SD1 (SSCR 2408) RELATING TO GEOTHERMAL RESOURCES. 

Introduced by: Kahele G, Solomon M, Green J, Chun Oakland S, Galuteria B, Espero 

W, Dela Cruz D, Shimabukuro M 

Repeals provisions relating to no environmental assessment or environmental impact 

statement required for geothermal resources exploration lease or permit. -- Amends 

provisions relating to zoning amendments under conservation district law. Requires 

geothermal resources exploration and geothermal resource development to be permitted 

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March 8, 2012 135


uses in all zones of the conservation district. -- Amends provisions relating to districting 

and classification of lands under the land use commission. Requires rural districts to 

include geothermal resources exploration and geothermal resource development. 

Repeals provisions relating to permits and site plan approvals. Repeals provisions 

relating to geothermal resource subzones. -- SB3003 SD1 



SB3006 SD2 (SSCR 2588) RELATING TO MOTOR VEHICLE TIRES. 


Requires the director of health to convene a task force to study ways to prevent or control 

the problem of abandoned tires littering the landscape. Report to the legislature. Task 

force dissolved on June 30, 2013 (sunset). -- SB3006 SD2 



SB3007 SD1 (SSCR 2523) RELATING TO INDIGENOUS PEOPLE'S DAY. 


Amends provisions relating to holiday designated to discovers' day on the 2nd Monday 

in October by changing the name to indigenous peoples' day. Recognizes the 

Polynesian discoverers of the Hawaiian Islands; accomplishments of the indigenous 

voyagers who founded and settled the myriad islands of the Pacific Ocean more than 100 

years before Columbus was born; and countless indigenous peoples who perished as a 

result of confrontation between indigenous peoples and Europeans. Requires the day 

to serve as a day to educate the general public on the State of Hawaii's obligations to the 

native people of Hawaii, including the State's continued protection of all rights customarily 

and traditionally exercised by the descendants of those native people. -- SB3007 SD1 


Mar-08 12 Multiple Referral to HAW/ CUA/ then FIN 

SB3008 RELATING TO FAMILY COURT. 


Amends provisions relating to publication of notices and process. Provides that in all 

family court cases, if the plaintiff or petitioner, as a result of impoverishment, is unable 

to publish notice, the plaintiff or petitioner shall file an affidavit attesting to 

impoverishment and to the fact that, after due and diligent search, the whereabouts of 

the individual sought to be served are unknown. Provides that upon such filings, the 

family court shall order that service be made by forwarding a certified copy of the 

pleadings and process to the individual at the last known address by registered or 

certified mail. -- SB3008 




Introduced by: Tsutsui S, Kidani M, Shimabukuro M, Green J, Chun Oakland S 

Exempts the department of transportation and any of its contractors from specified 

governmental requirements to the extent necessary to expedite specified projects for the 

bridge rehabilitation and replacement program beginning July 1, 2012, and ending June 

30, 2017 (sunset). Requires that the rules under the act to meet federal requirements 

that are a necessary condition to the receipt of federal funds by the State. -- SB3010 SD2 



SB3011 SD2 (SSCR 2807) RELATING TO PUBLIC LANDS. 


Requires the department of land and natural resources to transfer the parcels of land 

identified by tax map key numbers 9-4-012:001, 9-4-012:002, and 9-4-012:003 to the 

agribusiness development corporation no later than January 1, 2013. Requires the 

department to be responsible for properly documenting the changes in title. -- SB3011 

SD2 


Mar-08 12 Multiple Referral to WLO then AGR then FIN 

SB3013 SD2 (SSCR 2808) RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES. 

Introduced by: Dela Cruz D, Chun Oakland S 

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Establishes the forest carbon offsets program law. Requires the department of land and 

natural resources to establish a forest carbon offsets program to develop a process to 

identify forest management actions that contribute to carbon sequestration and offset 

credits that can be transferred or sold among public and private agencies in the State, 

on regulated or volunteer markets, to guarantee sustainable management of Hawaii's 

natural resources, ensure land conservation and reduce carbon emissions. Requires the 

department to develop a process for recognizing sustainable management of Hawaii's 

natural resources and the additional benefits related to forest carbon offsets. Establishes 

fees which shall be deposited in the forest stewardship fund. -- SB3013 SD2 





Directs the department of public safety to work with 'Ohana (Ohana) Ho'opakele 

(Hoopakele) and other restorative justice groups, to prepare a plan for the creation of a 

pu'uhonua (puuhonua), or wellness center, on lands owned or controlled by the State, 

and requires the public land development corporation to assist in determining an 

appropriate site and requires the site formerly used as the Kulani correctional facility on 

the island of Hawaii to be given preference unless another site will provide greater 

possibility of success. Report to the legislature. -- Creates a work release pilot program 

on the island of Hawaii within the department of public safety. Requires the department 

of land and natural resources to collaborate with the department of public safety. Allows 

the department of public safety to receive public and private grants for the pilot program. 

Repealed on June 30, 2015 (sunset). -- SB3016 SD2 


Mar-08 12 Multiple Referral to PBM then WLO/ HAW/ then FIN 

SB3017 SD2 (SSCR 2799) RELATING TO THE TRANSIENT ACCOMMODATIONS TAX. 

Introduced by: Kim D, Tsutsui S, Kouchi R 

Amends provisions relating to the transient accommodations tax. Defines transient 

accommodation furnished on a complimentary or gratuitous basis to include transient 

accommodations such as prize giveaways, contestant winnings, charitable gifts, and 

complimentary or gratuitous rooms furnished as part of a travel package and to not 

include accommodations furnished as part of a tourism industry promotional or marketing 

activity. -- SB3017 SD2 



SB3024 SD1 (SSCR 2421) RELATING TO CORPORATIONS. 


Amends provisions relating to action plan under the Hawaii business corporation act. 

Provides that if the plan involves a merger of a publicly traded corporation with or into a 

direct or indirect subsidiary corporation, of which all of the outstanding shares of each 

class are owned directly or indirectly by the parent corporation, the plan shall be 

approved upon receiving the affirmative vote of the holders of a majority of each class 

of the shares entitled to vote thereon as a class and of the total shares entitled to vote 

thereon and any class of shares of any such corporation shall be entitled to vote as a 

class if any such plan contains any provision that, if contained in a proposed amendment 

to articles of incorporation, would entitle that class of shares to vote as a class and, in the 

case of an exchange, if the class is included in the exchange; as if each party to the 

merger was incorporated on or after July 1, 1987. -- SB3024 SD1 


Mar-06 12 Single Referral to ERB 

SB3025 SD2 (SSCR 2616) RELATING TO AFFORDABLE HOUSING CREDITS. 


Amends provisions relating to housing; county powers. Requires each county to issue 

affordable housing credits to the department of Hawaiian home lands. Requires credits 

to be issued for each single family residence, multi family unit, other residential unit, or 

if allowed under the county's affordable housing program, vacant lot, to be developed by 

the department of Hawaiian home lands according to specified provisions. Requires that 

credit be freely transferable, not issued on a 1 unit for 1 unit basis. Requires that certain 

county requirements for affordable housing units, including project specific requirements 

for the location of affordable housing units, housing class, use, or type, construction time, 

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not impair, restrict, or condition the county's obligation to apply the affordable housing 

credits to the department of Hawaiian home lands in full satisfaction of all county 

requirements. Prohibits credits originally issued to the department of Hawaiian home 

lands from being subject to any county restrictions regarding the application of credits 

toward affordable housing obligations, whether by rule, ordinance, or zoning conditions 

of a project, including restrictions on the location in which the credits may be used, the 

types of required affordable units that may be offset with the credits, the income groups 

that were intended to be served by the required housing units, or the timing of the 

affordable housing requirements. -- SB3025 SD2 


Mar-08 12 Multiple Referral to HSG then HAW then FIN 

SB3028 SD2 (SSCR 2809) RELATING TO CONSERVATION AND RESOURCES. 

Introduced by: Tsutsui S, Green J, Shimabukuro M, Chun Oakland S, Espero W, Baker 

R, Tokuda J, Kidani M, Nishihara C 

Establishes provisions relating to native forest resources. Requires the department of 

land and natural resources to support reforestation efforts throughout the State for all 

native forest resources deemed in need of conservation, support the sustainable 

management and use of native forest resources throughout the State, identify and protect 

native forest resources deemed in need of conservation or sustainable management and 

conservation of those species and ecosystems, establish rules for designating forest 

resources in need of conservation and establish rules regarding the issuance of permits 

for commercial harvest of forest resources deemed in need of conservation, provide 

incentives to local entrepreneurs to cultivate native species, especially those deemed in 

need of conservation, for reforestation programs or sustainable commercial operations, 

and provide support for programs that ensure the sustainability of commercial operations 

for forest resources deemed in need of conservation in the State. Establishes fees which 

shall be deposited into the forest stewardship fund to support forest management and 

restoration. Makes violations a misdemeanor. -- SB3028 SD2 



SB3029 SD1 (SSCR 2530) RELATING TO STATUTORY REVISION: AMENDING VARIOUS PROVISIONS OF THE 

HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE 

PURPOSE OF CORRECTING ERRORS AND REFERENCES AND CLARIFYING 

LANGUAGE. 


Amends or repeals various provisions of the Hawaii revised statutes and the session laws 

of Hawaii for the purpose of correcting errors, clarifying language, correcting references, 

and deleting obsolete or unnecessary provisions. -- SB3029 SD1 



SB3030 SD2 (SSCR 2666) RELATING TO THE AUDITOR. 


Amends provisions relating to the salary of the auditor and appropriations. Requires that 

the salary of the auditor not be diminished during the auditor's term of office, unless by 

general law applying to all salaried officers of the State. -- SB3030 SD2 



SB3031 SD1 (SSCR 2575) RELATING TO INTOXICATING LIQUOR. 


Amends provisions relating to prohibitions under intoxicating liquor law. Changes 

prohibition against licensees failing immediately, to failing to timely, prevent or suppress 

any violent, quarrelsome, disorderly, lewd, immoral or unlawful conduct of any person on 

the premises. -- SB3031 SD1 


Mar-08 12 Multiple Referral to ERB then CPC 


Introduced by: Espero W, Chun Oakland S, Shimabukuro M 

Amends provisions relating to requirements for coverage of an adopted child under 

medicaid related mandates law. Requires a group health plan that provides coverage 

for dependent children of participants or beneficiaries to provide coverage for natural 

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grandchildren of participants or beneficiaries that are adopted by or placed for adoption 

with the participants or beneficiaries. -- SB3036 SD1 



SB3037 SD2 (SSCR 2798) RELATING TO THE PACIFIC INTERNATIONAL SPACE CENTER FOR EXPLORATION 

SYSTEMS. 


Establishes provisions relating to the Pacific international space center for aerospace 

development within the department of business, economic development and tourism. 

Establishes a board of directors. Establishes provisions relating to the powers and duties 

of director. Requires the director to oversee, supervise, and direct the planning, 

evaluation, and coordination of space related activities and identify and promote 

opportunities for expanding and diversifying aerospace related industries in the State, 

including a Pacific international space center for exploration systems to support space 

exploration and settlement. Transfers rights, powers, functions, and duties of the 

university of Hawaii pertaining to the Pacific international space center for exploration 

systems to the office of aerospace development of the department. Authorizes the 

director of finance to issue general obligation bonds for the purpose of constructing the 

Pacific international space center for exploration system aerospace research technology 

park project. Appropriation. ($$) -- SB3037 SD2 


Mar-08 12 Multiple Referral to ERB/ HED/ then FIN 

SB3039 SD1 (SSCR 2572) RELATING TO ANATOMICAL TRANSPLANTS. 


Establishes provisions relating to anatomical transplants. Prohibits health care facilities 

or health care providers from discriminating against a person who has HIV (human 

immunodeficiency virus), AIDS (acquired immune deficiency syndrome), or ARC (AIDS 

related complex) and who is need of an organ transplantation by refusing to perform the 

organ transplantation. -- Amends provisions relating to persons that may receive 

anatomical gift; purpose of anatomical gift. Prohibits anything in provision from being 

construed to prohibit a person with HIV, AIDS, or ARC from receiving an anatomical gift. 

-- SB3039 SD1 






Redefines rental motor vehicle to exclude vehicles that are rented by a car sharing 

organization to a member of that organization on an hourly basis or other incremental 

basis for a period of up to 6 hours per day per vehicle. -- SB3040 SD2 



SB3048 SD2 (SSCR 2600) RELATING TO TRAVEL AND TOURISM STIMULUS INITIATIVES. 

Introduced by: Kim D 

Provides an employer income tax credit for hiring certain individuals at new or renovated 

hotel or resort facilities. Provides that the credit shall be 4.5 per cent of the wages paid 

by the qualified employer to the qualified employee for 7 years after the facility was 

substantially completed (sunset). -- Provides a general excise tax exemption for income 

earned from the construction or renovation of a hotel facility or resort facility. Requires 

department of business economic development. and tourism to pre certify the 

construction or renovation. Requires construction and renovation to be completed by 

June 30, 2017. -- SB3048 SD2 



SB3050 SD2 (SSCR 2746) RELATING TO FILM, TELEVISION, DIGITAL, AND NEW MEDIA DEVELOPMENT. 

Introduced by: Kim D, Kidani M, Espero W 

Establishes provisions relating to film, television, digital, and new media development 

under the Hawaii tourism authority. -- Establishes provisions relating to the Hawaii film 

facility. Provides a general excise tax exemption for amounts received from the 

construction of a Hawaii film facility under a financing agreement or from the operations 

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of a Hawaii film facility constructed under a financing agreement. -- Repeals provisions 

relating to consolidated film permit processing. Repeals the Hawaii television and film 

development law and transfers rights, powers, functions, and duties to the Hawaii tourism 

authority. -- Requires the authority to restructure the debt service for state obligations 

related to the Hawaii convention center; provided that there is appropriated out of the 

convention center enterprise special fund from the savings from any debt restructuring, 

the sum of ____ dollars or so much thereof as may be necessary for fiscal year 

2012-2013 and the same sum or so much thereof as may be necessary for fiscal year 

2013-2014 to be deposited into the film, television, digital, and new media development 

special fund. Appropriation to the film, television, digital, and new media development 

special fund and out of the fund. ($$) -- SB3050 SD2 


Mar-08 12 Multiple Referral to ERB/ TOU/ then FIN 

SB3053 SD2 (SSCR 2784) RELATING TO NATIVE HAWAIIANS. 

Introduced by: Ryan P, Kidani M 

Establishes provisions relating to the Ahu moku advisory committee; established. 

Establishes the committee within the office of Hawaiian affairs to advise the chairperson 

of the board of land and natural resources on integrating indigenous resource 

management practices with western management practices in each moku; identifying a 

comprehensive set of indigenous practices for natural resource management; fostering 

the understanding and practical use of native Hawaiian resource knowledge, 

methodology, and expertise; sustaining the State's marine, land, cultural, agricultural, and 

natural resources; providing community education and fostering cultural awareness of 

the benefits of the aha moku system; fostering protection and conservation of the State's 

natural resources; and developing an administrative structure that oversees the aha 

moku system. Requires an annual report to the legislature and the chairperson of the 

board of trustees of the office of Hawaiian affairs with a list of all recommendations made 

by the committee and the resulting action taken by the office. Appropriation. -- Amends 

provisions relating to island burial councils; creation; appointment; composition; duties 

by adding quorum. Provides that members present at the scheduled start time of any 

meeting shall constitute a quorum to do businesses. ($$) -- SB3053 SD2 


Mar-08 12 Multiple Referral to HAW then WLO then FIN 

SB3054 RELATING TO CORRECTIONS. 

Introduced by: Kidani M, Green J, Chun Oakland S, Espero W 

Requires the auditor to conduct a financial and management audit of the department of 

public safety's commissary operations as well as the commissary operations of the 

commissaries in out of state contracted correctional facilities where Hawaii inmates are 

confined. Report to the legislature. -- SB3054 


Mar-08 12 Multiple Referral to PBM then LMG then FIN 



Establishes the life settlements law (viatical settlement). Prohibits a person to act as a 

provider or broker with an owner of life insurance who is a resident of Hawaii without 1st 

having obtained a license from the insurance commissioner. Allows the commissioner 

to suspend, revoke, or refuse to renew the license of any licensee. -- Amends provisions 

related to fees under insurance code law by establishing fees for life settlement contract 

provider's and broker's licenses and fees for services as specified. -- SB3062 SD1 



SB3068 SD1 (SSCR 2479) RELATING TO BAIL BONDS. 


Establishes provisions relating to bail bondsmen. Requires each court to implement a 

system for recording and disseminating the names of bail bondsmen who are prohibited 

from posting bail bonds in the state due to any unpaid judgment. -- SB3068 SD1 





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Appropriation to the university of Hawaii to fund 3 faculty positions and operating 

expenses for Ho'okulaiwi: 'Aha Ho'ona'auao 'Oiwi (Hookulaiwi: Aha Hoonaauao Oiwi) 

(center for native Hawaiian and indigenous education) within the University of Hawaii at 

Manoa under program ID UOH 100. ($$) -- SB3071 SD2 


Mar-08 12 Multiple Referral to HAW then HED then FIN 

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HOUSE BILLS WHICH PASSED THIRD READING 

HB0018 HD1 (HSCR 813) RELATING TO ALL-TERRAIN VEHICLES. 

Introduced by: Marumoto B 

Establishes provisions relating to all terrain vehicles. Prohibits any person less than 6 

years old to operate an all terrain vehicle. Establishes fines. Makes parents or legal 

guardians having control or custody of the minor liable for the fine. -- HB0018 HD1 

Current Status: Mar=10 11 Introduction/Passed First Reading - Senate 

Mar=10 11 Multiple Referral to TIA/ JDL/ then WAM 

HB0042 RELATING TO PUBLIC ORDER. 

Introduced by: Rhoads K 

Amends Act 84, session laws of 2004, as amended by Act 77, session laws of 2008, as 

amended by Act 75, session laws of 2010, relating to urinating or defecating in public by 

repealing the sunset date. -- HB0042 


Mar=08 12 Single Referral to JDL 

HB0046 HD2 (HSCR 657-12) RELATING TO PUBLIC HOUSING. 


Establishes provisions relating to prohibition on smoking under Hawaii public housing 

authority law. Prohibits smoking in enclosed or partially enclosed common areas of any 

public housing project or state low income housing project. Allows the authority to 

terminate any lease, rental agreement, permit, or licensee upon the 3rd violation provided 

that, a violation by a non resident who is visiting a resident shall be deemed a violation 

by the resident if the resident is within 20 feet of the visitor at the time of the violation. 

Requires the authority to adopt rules expanding the areas to which the smoking 

prohibition will apply in public housing projects and state low income housing projects 

within 18 months. -- HB0046 HD2 

Current Status: Feb=22 12 Introduction/Passed First Reading - Senate 

Mar=01 12 Multiple Referral to HMS then JDL 

HB0069 HD2 (HSCR 695-12) RELATING TO PLANNED COMMUNITY ASSOCIATIONS. 

Introduced by: Cabanilla R 

Establishes provisions relating to display of house mounted US and State of Hawaii flags. 

Provides that no member or bona fide tenant of the member shall be prohibited by any 

association document, covenant, declaration, bylaw, restriction, deed, lease, term, 

provision, condition, codicil, contract, or similar binding agreement, however worded, 

from displaying a house mounted US or State of Hawaii flag within specified size limits 

on any residential dwelling that the member owns or has rented to a bona fide tenant. 

Further prohibits an association or board of directors to assess or charge any member 

any fee or fine, or impose on any member or bona fide tenant of a member any penalty 

for the house mounted display of flags. -- HB0069 HD2 


Mar=08 12 Multiple Referral to CPN then JDL 

HB0070 HD2 SD1 (SSCR 897) RELATING TO THE HOMELESS. 


Establishes provisions relating to return to home program. Establishes a voluntary 

homeless assistance program to be known as the return to home program within the 

department of human services to provide for eligible homeless individuals with assistance 

to be reunited with their families and relatives in the individual's home state. Requires the 

department to administer the program and actively seek the participation of local airlines, 

cruise lines, charter companies, homeless programs, travel agencies, and the visitor 

industry to implement and coordinate the program. Requires the department to assist 

program participants with necessary and proper preparations for the return trip and follow 

up with them within 1 month of their return to assess their efforts at successful 

reunification with any family or support system. Appropriation. ($$) -- HB0070 SD1 

Current Status: Apr-14 11 House Disagrees to Senate amendments 


Oakland S, Ige D -- Fukunaga C, Slom S 


Mizuno J, Kawakami D -- Pine K 

HB0079 HD1 SD1 (SSCR 990) RELATING TO STATE FUNDS. 

Introduced by: Choy I, Ichiyama L, Aquino H, Cullen T, Hashem M, Keith-Agaran G, Lee 

C 

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March 8, 2012 1


Amends Act 285, session laws of 1991, by providing that the travel agency recovery fund 

shall be closed on June 30, 2011 (sunset). -- Requires the judiciary to terminate the 

Pulama Na Opio O Hawaii trust fund. -- Requires the Maui region system board, east 

Hawaii regional board, and the west Hawaii regional board of the Hawaii health systems 

corporation to terminate their collections revolving funds. -- Requires the department of 

human services to terminate the federal maximization revolving fund, Hawaii public 

housing administration revolving fund and Kahikolu Ohana O Waianae project trust fund. 

-- Authorizes the director of finance to transfer to the general fund any balances 

remaining in the collections revolving funds, federal maximization revolving fund, health 

care revolving fund, Hawaii public housing authority administration revolving fund, 

Kahikolu Ohana O Waianae project trust fund, Pulama Na Opio O Hawaii trust fund, and 

teacher's housing operating fund. -- HB0079 SD1 





Espero W, Fukunaga C, Kidani M, Slom S 

HB0101 HD2 (HSCR 34-12) RELATING TO TRANSPORTATION. 

Introduced by: McKelvey A, Lee C, Keith-Agaran G, Belatti D 

Amends provisions relating to statewide traffic code. Redefines bicycle to include a 

vehicle upon which any person may ride that is propelled solely by human power and that 

has 2 tandem wheels, including any vehicle generally recognized as a bicycle even if 

equipped with 2 front or 2 rear wheels and an electric motor that shall produce less than 

750 watts (1 h.p.) and is capable of propelling the vehicle at a maximum speed of less 

than 20 miles per hour on a paved level surface. Requires bicycles having a wheel base 

no longer than 44 inches, tires that are not more than 2.3 inches wide, wheel diameters 

of 20 inches or larger, and a total weight of not more than 55 pounds to be allowed on 

buses. -- HB0101 HD2 


Feb=15 12 Multiple Referral to TIA then JDL 

HB0108 HD1 (HSCR 626) RELATING TO CRUELTY TO ANIMALS. 

Introduced by: McKelvey A 

Establishes provisions relating to cruelty to animals by fighting dogs in the 2nd degree. 

Establishes that a person commits the offense of cruelty to animals by fighting dogs in 

the 2nd degree if the person knowingly wagers on a dog fight; or knowingly possesses 

any device intended to enhance the dog's fighting ability with the intent that the device 

be used to train or prepare the dog for a dogfight. Defines bait dog to mean a live animal 

used to train or prepare dogs for a dogfight. Defines device to mean both animate and 

inanimate objects and includes live animals used as bait animals. Defines dogfight as a 

dog or dogs pitted against another dog or dogs with the intent that the encounter will 

result in injury to 1 or more of the dogs. Defines wager to mean staking or risking 

something of value on the outcome of a dogfight. Establishes this crime to be a class C 

felony. Allows the court to order the surrender or forfeiture of the dog.-- Amends 

provisions relating to cruelty to animals by fighting dogs to be an offense in the 1st 

degree. Provides that a person commits the offense of cruelty to animals by fighting 

dogs in the 1st degree if the person knowingly causes, sponsors, arranges or holds a 

dogfight for entertainment or financial gain; or owning, training, transporting, possessing, 

selling, transferring, or equipping a dog with the intent that the dog will be engaged in a 

dogfight; or recklessly allowing a dog fight to occur on any property owned or controlled 

by the person, or allowing any dog intended by the person to be used for a dogfight to be 

kept in, trained on, or transported in any property owned or controlled by the person. -- 

Defines dogfight to mean a dog or dogs pitted against another dog or dogs with the intent 

that the encounter will result in injury to 1 or more of the dogs. Makes it a class B felony. 

-- HB0108 HD1 



HB0109 HD1 (HSCR 606) RELATING TO THE SUNSHINE LAW. 

Introduced by: McKelvey A, Evans C, Tokioka J 

Amends provisions relating to permitted interactions of members. Allows 2 or more 

members of a board but less than the number that would constitute a quorum to attend 

a public gathering or community event; provided that the public gathering or community 

event does not relate to any matter over which the board is currently exercising its 

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March 8, 2012 2


adjudicatory, advisory, or legislative function; and the gathering or event is not specifically 

and exclusively organized for or directed toward members of the board. Also allows 

attendance at professional association conferences and professional development 

activities provided the attending members post a publicly accessible report of their 

conference and training activities. -- HB0109 HD1 



HB0121 HD1 SD1 (SSCR 822) MAKING AN APPROPRIATION FOR THE HAWAII CIVIL AIR PATROL. 

Introduced by: McKelvey A, Evans C, Morita H, Morikawa D, Awana K, Lee C, Ito K, 

Hanohano F, Takai K, Nakashima M, Coffman D 

Appropriation to the department of defense for the operational expenses of the Hawaii 

civil air patrol. ($$) -- HB0121 SD1 



Lee M -- Cullen T, Evans C, Fontaine G 



HB0123 HD2 SD1 (SSCR 928) RELATING TO INTRA-STATE AVIATION. 

Introduced by: McKelvey A, Hanohano F, Herkes R, Evans C 

Establishes provisions relating to aviation fuel for air transportation. Provides that general 

excise tax provisions shall not apply to amounts received from the sales of aviation fuel 

categorized as privileged foreign merchandise, non privileged foreign merchandise, 

domestic merchandise, or zone restricted merchandise, that is admitted into foreign trade 

zone and is purchased by a common carrier for consumption or use in air transportation 

between 2 points in the state. -- Provides that use does not include use of aviation fuel 

categorized as privileged foreign merchandise, non privileged foreign merchandise, 

domestic merchandise, or zone restricted merchandise, that is admitted into a foreign 

trade zone and used by a common carrier for consumption or use in air transportation 

between 2 points in the state, for use tax purposes. -- HB0123 SD1 

Current Status: Mar=24 11 Passed Second Reading Senate as amended (SD1) 

Mar=24 11 Referred to WAM 

HB0129 HD2 SD2 (SSCR 1150) RELATING TO PERINATAL CARE. 

Introduced by: Lee M, Thielen C, Marumoto B, Hanohano F, Morikawa D, Ichiyama L, 

Wooley J, Pine K, Belatti D, Morita H, Luke S, Awana K, Mizuno J 

Appropriation to the department of health as a grant to the Path Clinic for case 

management and other social services that it provides, to be used for case management 

for pregnant and recently delivered (up to 6 months) women struggling with substance 

use, including alcohol, to be provided by a master's degree level social worker or nurse 

experienced in the area of substance abuse treatment; addiction medicine services that 

may not be medicaid funded; therapeutic childcare during clinic appointments and 

classes or activity groups; transportation assistance to and from clinic appointments and 

classes or activity groups; group classes and activities to support women in achieving 

their goals of giving birth to healthy infants that they are capable of parenting; and 

administrative support. ($$) -- HB0129 SD2 



Lee M -- Ching C, Morikawa D 


Chun Oakland S -- Slom S 

HB0130 HD1 SD1 (SSCR 1159) RELATING TO COMMUNITY REINTEGRATION. 

Introduced by: Hanohano F, Morikawa D, Lee M, Evans C, Luke S, Ichiyama L, Belatti 

D, Morita H, Awana K, Mizuno J 

Requires the department of public safety to determine the number of women who are 

eligible for reintegration into the community and contract with gender responsive 

community services providers to assist women in transitioning to the community. 

Appropriation. ($$) -- HB0130 SD1 



Lee M -- Cullen T, Fontaine G 



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March 8, 2012 3


HB0139 HD1 (HSCR 817) RELATING TO REAL ESTATE APPRAISERS. 

Introduced by: Keith-Agaran G 

Amends provisions relating to findings and purpose under real estate brokers and 

salespersons. Requires the department of commerce and consumer affairs to analyze 

the impact of expanding the current scope of the real estate brokers and salesperson 

chapter to include the regulation of real estate appraisal management companies, in 

order to accommodate the applicable provisions of the Financial Institutions Reform, 

Recovery, and Enforcement Act of 1989 (FIRREA), 12 US code section 3331 et seq., 

and the federal rules adopted. Report to the legislature. -- HB0139 HD1 


Mar=10 11 Single Referral to CPN 

HB0159 HD1 SD2 (SSCR 1165) RELATING TO CHARTER SCHOOLS. 

Introduced by: Oshiro M 

Amends provisions relating to charter schools. Allows charter schools that are denied 

reauthorization or have their charter revoked to appeal to the board of education. Allows 

the charter school review panel to withhold allocation for non compliance issues and 

requires that they ensure that local school boards are fulfilling their oversight 

responsibilities. Requires local school boards to meet at least once every quarter. 

Allows the review panel to requires school boards to undergo mandatory board training 

and may reconstitute the local school board. Requires school boards to make their 

policies, procedures, and by laws available for public review. Requires charter schools 

and their local school boards to develop internal policies and procedures consistent with 

ethical standards of conduct. Increases the amount that the charter school administrative 

office may withhold for operational expenses from 2 per cent to 5 per cent. Requires the 

office to annually report to the legislature. -- HB0159 SD2 



Oshiro M -- Belatti D, Johanson A, Lee M 



HB0160 HD2 SD2 (SSCR 1200) RELATING TO HUMAN SERVICES AND HEALTH. 

Introduced by: Mizuno J 

Appropriation to the department of health for additional funding for the kupuna care 

program. -- Appropriation out of the emergency and budget reserve fund (rainy day fund) 

to the department of health for respite services; to supplement the healthy start program; 

as grants to Waikiki community center; for kupuna care program; for the aging and 

disability resource center; for the developmental disabilities medicaid waiver program; 

for mental health services; for the partnerships in community living program; for 

substance abuse treatment; for the healthy aging partnerships program; for grants to the 

Waianae District Comprehensive Health and Hospital Board, Inc. to support its 

emergency room services; and as grants for HIV / AIDS (human immunodeficiency, 

AIDS) related services for Life Foundation, Gregory House Programs, and Community 

Health Outreach Work Project to Prevent AIDS. -- Appropriation out of the emergency 

and budget reserve fund to the department of human services for the housing 1st pilot 

program. Report to the legislature by the Hawaii public housing authority. -- 

Appropriation out of the emergency and budget reserve fund to the department of 

health's executive office on aging for meals for the elderly for kupuna care. -- 

Appropriation out of the emergency and budget reserve fund to the department of health 

for grants to Kokua Kalihi Valley (Comprehensive Family Services); as grants to The 

Path Clinic for services to pregnant women struggling with addiction; for the baby S.A.F.E 

(substance abuse free environment); for fetal alcohol spectrum disorders; for family 

planning; for perinatal health programs; and for the preschool developmental screening 

program. -- Appropriation out of the emergency and budget reserve fund to the 

department of human services for grants to the Blueprint for Change for neighborhood 

place walk in centers; as grants to the Hawaii Primary Care Association for the Hawaii 

immigrant health initiative program at federally qualified health centers; for grants to 

support domestic violence shelters statewide for Child and Family Service, Parents and 

Children Together, Women Helping Women, Molokai community service council Inc., 

Young Women's Christian Association (YWCA) of Kauai, Windward Spouse Abuse 

Shelter, and statewide domestic violence shelters; for grants to Hale Mahaolu for 

personal care services; for the shelter plus care program; as grants to the Hawaii Primary 

Care Association for health care services for uninsured persons; as grants to the Hawaii 

Primary Care Association for adult dental care, authorizes the governor to utilize 

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March 8, 2012 4


enhanced federal medical assistance percentages funds to offset the amount 

appropriated, report to the legislature by the department of human services; for the adult 

dental care program at Maui community college; for grants to the Hawaii Primary Care 

Association for out stationed eligibility worker services provided at federally qualified 

health centers, for outreach services provided at federally qualified health centers, and 

for outreach services to locate uninsured children provided at federally qualified health 

centers; for child care subsidies; to maintain the general assistance benefit amount to 

households without minor dependents program; for grants to Adult Friends for Youth for 

youth gang prevention and intervention services; for grants to Hawaii Centers for 

Independent Living for the statewide independent living services; for grants to the 

Susannah Wesley Community Center Youth Service Center; for grants to Planned 

Parenthood of Hawaii for statewide sexual health education; for grants to Partners in 

Development Foundation to provide comprehensive family training and transitional 

services to homeless families on the leeward coast of Oahu and for the Tutu and Me 

traveling preschool; for the preschool open doors program; and for grants to Oahu About 

Face Family of Programs. -- Appropriation out of the emergency and budget reserve fund 

to the judiciary for domestic violence services; for grants to Volunteer Legal Services 

Hawaii to provide pro bono legal services for indigent persons; for grants to the Legal Aid 

Society of Hawaii to provide general civil legal services; for grants for the Hawaii Family 

Law Clinic to provide services to obtain temporary restraining orders; for grants to the 

Catholic Charities Hawaii to provide intra familial sex assault services; for grants to the 

Children's Alliance of Hawaii Inc., to provide child sex assault services; and for grants to 

the Young Men's Christian Association of Honolulu for the operation of the weed and 

seed program in Kalihi Palama, Waipahu, and Ewa Beach. -- Appropriation out of the 

emergency and budget reserve fund to the department of labor and industrial relations 

for the office of community services for employment core services; and for grants to the 

Hawaii Disability Rights Center to provide advocacy service to individuals with 

developmental disabilities and mental illness. -- Appropriation out of the emergency and 

budget reserve fund to the department of the attorney general for grants to the Kapiolani 

Medical Center for Women and Children for the sex abuse treatment center for statewide 

sex assault services. -- Appropriation out of the emergency and budget reserve fund to 

the department of education for the Families for R.E.A.L. program; for grants to Read 

Aloud America, Inc. for the read aloud program; and for grants to Read To Me 

International Foundation to strengthen families and promote childhood literacy. -- 

Appropriation out of the emergency and budget reserve fund to the judiciary for the 

HOPE probation program (Hawaii's opportunity probation with enforcement). -- 


services for the housing placement program within the department of human services, 

to assist those transitioning from a homeless shelter or other credit risky families to 

secure permanent housing by cultivating landlords, providing deposit or fist (sic) month 

rental assistance, and providing other support services. -- Requires any moneys or 

appropriations from the emergency and budget reserve fund that are used to meet any 

general fund shortfall during the 2011 - 2012 fiscal year to be reimbursed from the 

general fund no later than July 1, 2012. Authorizes the director of finance to deposit 

moneys from the general fund into the emergency and budget reserve fund. ($$) -- 

HB0160 SD2 



Mizuno J, Lee M -- Ching C, Jordan J, Morikawa D 


Oakland S, Ige D -- Green J, Ihara L, Slom S 

HB0169 HD2 SD2 (SSCR 1201) RELATING TO EMPLOYMENT SECURITY. 


Amends provisions relating to definitions under employment security law. Redefines 

extended benefit period to include that there is a state on indicator for this State with 

respect to weeks of unemployment beginning after January 1, 2011, until the week 

ending 4 weeks prior to the last week of unemployment for which 100 per cent federal 

sharing is available under federal law. Amend provisions relating to total extended 

benefit amount. Requires the total extended benefit amount payable to any eligible 

individual with respect to the individual's applicable benefit year to be the lesser of the 

amounts of 50 per cent of the total amount of regular benefits that were payable to the 

individual in the individual's applicable benefit year; or 13 times the individual's weekly 

benefit amount that was payable to an individual for a week of total unemployment in the 

applicable benefit year. Appropriation to the department of labor and industrial relations 

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March 8, 2012 5


for an automated extended benefit claims system. ($$) -- HB0169 SD2 



McKelvey A, Yamashita K -- Awana K, Brower T, Johanson A 



HB0174 HD1 (HSCR 777) RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. 

Introduced by: Say C (BR) 

Amends provisions relating to the board of trustees of the employees' retirement system. 

Increases the number of members on the board to 10. Increases the number of 

members who are general employees by 1. Adds 1 member be appointed by the mayors 

of each county and approved by the senate and requires that the counties be responsible 

for all necessary expenses incurred in the performance of the member's duties. -- 

HB0174 HD1 


Mar=10 11 Multiple Referral to JDL/ PGM/ then WAM 

HB0175 HD2 (HSCR 778) RELATING TO THE EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. 


Amends provisions relating to composition of the board of trustees of the employer union 

health benefits trust fund. Requires 4 of the 5 seats allocated to public employers be 

appointed by the governor, and 1 be appointed by unanimous agreement of the mayors 

of each of the 4 counties and approved by the Hawaii State Association of Counties, 

provided that if the counties do not make an appointment within 60 days, the governor 

may fill the vacancy. -- HB0175 HD2 


Mar=10 11 Multiple Referral to JDL/ PGM/ then WAM 

HB0198 HD2 (HSCR 878) RELATING TO THE DEPARTMENT OF EDUCATION. 

Introduced by: Wooley J 

Establishes provisions relating to school gardens. Authorizes schools to grow food in 

school gardens for consumption in their school meals programs. Requires the food 

products to be inspected and certified as safe by the department of agriculture. -- 

HB0198 HD2 


Mar=10 11 Multiple Referral to EDU/ AGL/ then WAM 

HB0231 HD2 SD1 (SSCR 949) RELATING TO PUBLIC HOUSING. 


Requires the Hawaii public housing authority to establish a 2 year pilot project for Mayor 

Wright homes to provide residents with increased safety and security from trespassers. 

Report to the legislature. Pilot project to cease to exist on June 30, 2013 (sunset). 




HB0235 HD2 SD2 (SSCR 1058) RELATING TO LIMITED LIABILITY COMPANIES. 

Introduced by: Oshiro M, McKelvey A 

Establishes provisions relating to sustainable business limited liability companies law. 

Allows a manager managed domestic limited liability company incorporated to elect to 

become a sustainable business limited liability company by including in its articles or 

amending its article to include a statement that the limited liability company is a 

sustainable business limited liability and require the consent of all members. Requires 

a sustainable business limited liability company to deliver annual benefit report to each 

member and the director of financial institutions. -- HB0235 SD2 



Yamane R, Oshiro M -- Brower T, Kawakami D, Marumoto B 


C, Baker R -- Wakai G 

HB0238 HD2 SD1 (SSCR 2063) RELATING TO TEMPORARY RESTRAINING ORDERS. 


Amends provisions relating to temporary restraining order. Requires that a person serve 

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March 8, 2012 6


a mandatory minimum term of imprisonment of 15 days and be fined for a 1st conviction 

for violation of a temporary restraining order if the person has a prior conviction for 

murder in the 1st and 2nd degree, assault in the 1st and 2nd degree, kidnapping, 

unlawful imprisonment in the 1st degree. sexual assault in the 1st, 2nd and 3rd degrees, 

continuous sexual assault of a minor under the age of 14, promoting child abuse in the 

1st degree, burglary in the 1st and 2nd degree, abuse of family or household members, 

and aggravated harassment by stalking. -- HB0238 SD1 

Current Status: Feb-13 12 House Disagrees to Senate amendments 

HB0241 HD1 (HSCR 631) RELATING TO PROMOTING PROSTITUTION. 


Amends provisions relating to promoting prostitution. Changes the charge of promoting 

prostitution in the 1st degree from a class B felony to a class A felony, and changes 

promoting prostitution in the 2nd degree to a class B felony. -- HB0241 HD1 



HB0242 HD1 (HSCR 628) RELATING TO PROMOTING PROSTITUTION. 


Amends provisions relating to prostitution and promoting prostitution. Provides that a 

person commits the offense of prostitution if the person engages in, or agrees or offers 

to engage in, sexual conduct with another person for a fee; or pays agrees to pay, or 

offers to pay a fee to another to engage in sexual conduct -- Establishes provisions 

relating to habitual solicitation of prostitution. Makes it a class C felony. -- HB0242 HD1 



HB0243 HD1 SD1 CD1 (CCR 75) RELATING TO ANIMAL CRUELTY. 


Establishes provisions relating to unsterilized cats and unsterilized dogs; sales prohibited. 

Prohibits the sale by any pet retailer of an unsterilized cat or unsterilized dog in this State. 

Establishes fine. -- HB0243 CD1 

Current Status: May=03 11 Passed Senate Final Reading 

May-03 11 Re Committed to Conference Committee House 

HB0245 HD1 SD1 (SSCR 2062) RELATING TO WITNESSES. 


Amends provisions relating to fees; criminal cases. Allows an increase in witness fees 

for per diem travel testimony from outside the state from 110 dollars to 145 dollars or who 

attends a state court from any other island and is required to stay overnight, the witness 

shall be entitled to an additional 90 dollars per 24 hour day. -- HB0245 SD1 

Current Status: Feb=08 12 Passed Second Reading Senate as amended (SD1) 

Feb=08 12 Referred to WAM 

HB0246 HD1 SD1 (SSCR 2069) RELATING TO APPROPRIATIONS TO THE DEPARTMENT OF THE PROSECUTING 

ATTORNEY OF THE CITY AND COUNTY OF HONOLULU. 


Appropriation to the city and county of Honolulu department of the prosecuting attorney 

for grants in aid for the career criminal prosecution unit, for prosecution in drug court, for 

prosecution in Hawaii's opportunity probation with enforcement, and for the victim witness 

assistance program, including the hiring of necessary staff. ($$) -- HB0246 SD1 



HB0250 RELATING TO EMPLOYMENT OF ATTORNEYS. 


Amends provisions relating to the employment of attorneys. Allows the state ethics 

commission to hire their own attorney. -- HB0250 


Mar=10 11 Multiple Referral to JDL then WAM 

HB0254 HD1 (HSCR 685) RELATING TO PUBLIC ORDER. 


Establishes that a person commits the offense of urinating or defecating in public in the 

Waikiki area if the person intentionally or knowingly urinates or defecates in a public 

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March 8, 2012 7


place or any area where such an act is likely to be observed by any member of the public 

within the Waikiki area. Establishes penalty and fine. -- HB0254 HD1 



HB0257 HD2 SD1 (SSCR 1123) RELATING TO CAMPAIGN SPENDING. 


Amends provisions relating to elections. Provides a fine of 100 dollars for not filing an 

organizational report by the due date. Requires every person signing the application for 

electronic filing to certify that the electronically filed reports is true and accurate. 

Provides that a preliminary report by the candidate and noncandidate committee be filed 

on September 30 of the election year. Requires a candidate and treasurer of the 

candidate committee to file a supplemental report prior to an election year. Requires 

schedules filed with the report to include the amount and date of each contribution made, 


which the contribution was made. Requires that the report about an independent 

expenditure to include the name of the candidate who is supported or opposed by the 

expenditure, and whether the expenditure supports or opposes the candidate. Provides 

that the fine for not filing an electioneering communication's statement by the due date 

is 100 dollars. Provides that the fine for not filing a notice of intent to hold a fundraiser 

prior to the fundraiser is 100 dollars. Allows campaign funds to be used by a candidate, 

treasurer, or candidate committee to purchase not more than 2 tickets with a maximum 

price of 100 dollars per ticket for each event held by another candidate committee or 

noncandidate committee. Requires any candidate advertisement to include the name 

and address of the candidate, candidate committee, noncandidate committee, or other 

person paying for or placing the advertisement, including at the beginning of an 

automated phone call. Requires that a candidate file an affidavit about voluntary 

expenditure limits no later than the time of filing nomination papers with the chief election 

officer or county clerk. Repeals the provision that if the candidate exceeds the 

expenditure limit for that election, the candidate has to provide reasonable notice to all 

contributors. Requires that the candidate receive contributions of 100 dollars or less 

during each matching payment period. Provides a fine of 100 dollars for not filing an 

expenditure of public funds report by the due date. Deletes the provisions relating to a 

tax deduction for qualifying contributions. -- HB0257 SD1 


Apr-15 11 Conference Committee: House Members: 

Keith-Agaran G, Choy I -- Oshiro B, Thielen C 


Shimabukuro M -- Kim D 

HB0258 HD1 (HSCR 78) RELATING TO CAMPAIGN SPENDING. 



and supplemental reports. Provides that a preliminary report by the candidate and 

noncandidate committee be filed on September 30 of the election year. -- HB0258 HD1 


Feb=17 11 Single Referral to JDL 

HB0260 HD1 (HSCR 52) RELATING TO PROCUREMENT. 


Amends provisions relating to chief procurement officers. Makes the director of a semi 

autonomous county public transit agency a chief procurement officer of the county. -- 

HB0260 HD1 


Mar=10 11 Multiple Referral to PGM/ TIA/ then WAM 

HB0261 HD1 SD1 (SSCR 887) RELATING TO ADMINISTRATIVE PROCEDURES. 


Amends provisions relating to semi autonomous public transit entities; rule making 

authority. Allows any county's semi autonomous public transit entity to adopt, amend, 

or repeal rules exempt from approval of the governor. -- HB0261 SD1 


Mar=24 11 Referred to JDL 

HB0266 RELATING TO WATER QUALITY STANDARDS. 

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March 8, 2012 8



Amends Act 126, session laws of 2009, relating to the Clean Water Act and the 2006 US 

Environmental Protection Agency national recommended water quality standards and the 

application to all state inland and marine waters, by repealing the sunset date. -- HB0266 


Mar=08 11 Single Referral to ENE/ WLH/ 

HB0273 HD1 SD1 (SSCR 857) RELATING TO TOBACCO PRODUCTS. 

Introduced by: Yamane R 

Amends provisions relating to the cigarette tax and tobacco tax law. Changes the excise 

tax of 70 per cent to ____ dollars for each article or item of tobacco products, other than 

large cigars, sold by the wholesaler or dealer and provides that ____ per article or item 

of tobacco products, other than large cigars, sold by the wholesaler or dealer shall be 

expended by the department of health for tobacco prevention programs and tobacco 

dependence treatment services. Establishes an excise tax equal to ____ per cent of the 

wholesale price of each article or item of tobacco products, other than cigars, and ____ 

per cent of the wholesale price for large cigars sold by the wholesaler or dealer on and 

after July 1, 2011. -- HB0273 SD1 



Oshiro M -- Lee M, Ward G 


Baker R, Chun Oakland S -- none 

HB0277 HD2 SD2 (SSCR 1233) RELATING TO MILITARY AFFAIRS. 

Introduced by: Chong P, Yamashita K, Ito K, Tokioka J, Har S, Oshiro B, Herkes R, Lee 

M, Ichiyama L, McKelvey A, Mizuno J, Tsuji C, Chang J, Cullen T 

Establishes the military affairs liaison law. Establishes the military liaison trust fund to 

receive moneys from the state, county, or federal government, and private contributions 

of cash and other property to support the duties of the state liaison in matters relating to 

the military. Establishes a military affairs liaison trust fund advisory committee within the 

department of business, economic development, and tourism to make recommendations 

to the nonprofit corporation for the expenditure of funds for grantmaking with private 

nonprofit organizations, public agencies, or qualified individuals to foster beneficial 

relations between the military and the State, grantmaking to raise community awareness 

of the trust fund, and administration of the trust fund; establish criteria and guidelines for 

grantmaking; publicize the fund and solicit moneys from public and private sources; 

promote statewide planning and strategies for fostering beneficial relations between the 

military and the State; advise the department of defense on matters involving the 

presence of the military in the State and the impact of defense spending on Hawaii's 

economy; and facilitate the exchange of information between groups concerned with 

matters relating to the military, the military's presence in Hawaii, and the impact that 

defense spending has on Hawaii's economy. Provides that grants shall be subject to the 

approval of the adjutant general. Appropriation to the fund and out of the fund. ($$) -- 

HB0277 SD2 



Chong P -- Cullen T, Fontaine G, Ito K 


Kidani M -- Kouchi R 

HB0280 HD1 (HSCR 295-12) RELATING TO AGRICULTURE. 

Introduced by: Tsuji C 

Amends provisions relating to inspection and classification of agricultural commodities; 

fees. Repeals requirement that the department of agriculture inspect all Hawaii grown 

green coffee beans. -- Amends provisions relating to prohibited act. Repeals provisions 

that prohibits Hawaii grown green coffee beans from being shipped outside the area of 

their geographic origin unless they have been inspected by the department. -- HB0280 

HD1 


Mar=08 12 Multiple Referral to AGL then WAM 

HB0283 HD1 (HSCR 716-12) RELATING TO STATE FUNDS. 

Introduced by: Tsuji C, Ito K, Herkes R, Chong P, Awana K, Har S 

Authorizes the director of finance to transfer funds from the agricultural loan revolving 

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March 8, 2012 9


fund to the pest inspection, quarantine, and eradication fund. Appropriation out of the 

pest inspection, quarantine, and eradication fund for a program to control and eradicate 

the coffee borer beetle, including the destruction of feral coffee trees. ($$) -- HB0283 

HD1 



HB0285 HD2 (HSCR 886) RELATING TO MEASUREMENT STANDARDS. 

Introduced by: Tsuji C, Morita H, Herkes R, Chong P, Awana K, Har S 

Establishes provisions relating to the weights and measurements special fund. 

Establishes the fund to be administered by the board of agriculture. Requires all moneys 

received by the board as application fees for applications and for licenses to be deposited 

into the fund and that the fund to be expended to cover all cost of administering the 

measurement standards law including salaries, fringe benefits, operating expenses, 

equipment, motor vehicles, contracts for services, and promotional expenses. Requires 

a reserve to be maintained in the special fund to cover contingency costs, including 

accrued vacation leave, unemployment insurance, and workers' compensation. Requires 

the board to adopt new or amend existing rules to impose or increase fees authorized 

under the measurement standards law. Provides that if, by September 30, 2011, the 

board of agriculture has not complied, then the fee charged for each licensing, testing, 

calibration, or inspection of a measuring or other device shall be ____ dollars effective 

on October 1, 2011. Appropriation into the weights and measurements special fund and 

out of the fund. ($$) -- HB0285 HD2 


Mar=10 11 Multiple Referral to AGL/ CPN/ then WAM 

HB0290 HD1 (HSCR 38) RELATING TO AGRICULTURE. 

Introduced by: Tsuji C, Yamashita K, Ito K, Morita H, Herkes R, Chong P, Awana K, Har 

S 

Establishes provisions relating to the agriculture inspection and certification special fund. 

Provides that moneys in the fund shall be expended by the department of agriculture for 

the licensure of commission merchants, dealers, brokers, agents, processors, and retail 

merchants; the administration, operation, and enforcement of feed laws, regulation of 

farm produce dealers, and the grades and standards law; and the inspection, 

certification, weighing, or grading of agricultural commodities that are to be imported into, 

exported from, or shipped within the State. -- Allows the department to enter into 

cooperative agreements and contracts to hire and pay travel and other expenses for 

temporary inspectors to perform the certification and audit services and to establish and 

maintain an Internet food safety promotional and reporting system. -- Repeals the 

certification services revolving fund. -- Requires the department of agriculture to adopt 

new or amend existing rules to impose or increase fees authorized under the weight of 

coffee laws, feed laws, regulation of farm produce dealers, and the grades and standards 

law, and the grades and standards law. Provides that if the department of agriculture has 

not complied, then establishes the fees. Appropriation for the agriculture inspection and 

certification program. Appropriation out of the agriculture and certification special fund. 

($$) -- HB0290 HD1 


Mar=10 11 Multiple Referral to AGL/ JDL/ then WAM 

HB0297 HD1 SD1 (SSCR 2344) RELATING TO THE PROBATION SERVICES FEE. 


Amends provisions relating to probation services fee. Requires court to order a 

defendant to pay a compensation fee and a probation services fee upon every defendant 

who has entered a plea of guilty or nolo contendere to a petty misdemeanor, 

misdemeanor, or felony. -- HB0297 SD1 



HB0302 HD1 SD1 (SSCR 2338) RELATING TO THE PROBATION SERVICES SPECIAL FUND. 


Amends provisions relating to interstate transfer fee. Requires fees collected to be 

deposited into the probation services special fund. -- Requires moneys in the probation 

services special fund to be used by the judiciary to monitor and enforce compliance with 

the terms and condition of probation and other supervision; and support other duties and 

activities related to the supervision of defendants. -- HB0302 SD1 

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March 8, 2012 10




HB0304 HD1 (HSCR 727-12) RELATING TO STATE FINANCES. 


Establishes provisions relating to allocation pooling. Allows the department of budget 

and finance to enter into an agreement with an entity authorized to issue bonds to pool 

allocations for the issuance of bonds. Allows the total pool to exceed the state ceiling; 

provided that the entity with which the state enters into an agreement is authorized to 

issue bonds in accordance with the laws of any state of the US; and provided further that 

the State's allocation to the pool does not exceed the state ceiling. -- HB0304 HD1 


Mar=08 12 Single Referral to WAM 

HB0306 HD1 SD2 (SSCR 1244) RELATING TO TAXATION. 


Amends provisions relating to the estate and transfer tax. Redefines generation skipping 

transfer to mean a generation skipping transfer as defined and used in the Internal 

Revenue Code that occurs at the same time as, or as a result of, the death of an 

individual. Repeals the tax equal to the federal credit and establishes a resident tax rate 

table. Provides that a tax of 2 25/100 per cent is imposed on every generation skipping 

transfer exceeding an aggregate exclusion of 3 million 560,000 dollars. Establishes a 

nonresident not citizens tax rate table. -- Amends provisions relating to State enterprise 

zones. Redefines eligible business activity to include ownership, control, operation, or 

management of any seawater air conditioning district cooling project. -- HB0306 SD2 



C, Gabbard M, Ige D -- Baker R, Slom S 



HB0314 HD1 (HSCR 282) RELATING TO DISASTER PREPAREDNESS. 

Introduced by: Herkes R 

Establishes disaster preparedness law. Establishes the office of disaster preparedness 

in the department of ____. Requires the director to develop a comprehensive disaster 

preparedness plan for the State which includes the identification of natural hazards; the 

designation of natural hazard impact zones; priorities for natural hazard mitigation; 

policies, requirements, and incentives to mitigate the problems caused by natural 

hazards; plans for best responses to natural and other disasters. Annual report to the 

legislature and governor. Establishes a commission to advise and assist the director. 

Appropriation. ($$) -- HB0314 HD1 


Mar=10 11 Multiple Referral to PGM then WAM 

HB0316 HD1 (HSCR 620) RELATING TO INSURANCE RECORDS. 

Introduced by: Herkes R (BR) 

Amends provisions relating to records of insurance producer. Exempts licensed 

producer to apply motor vehicle or homeowners insurance if the records required are 

customarily maintained in the offices of the insurer or maintained electronically and are 

accessible by the producer and available within 1 business day. -- HB0316 HD1 



HB0324 HD2 SD2 (SSCR 1238) RELATING TO HISTORIC PRESERVATION. 


Establishes the South Kona wilderness area to be administered by the department of 

land and natural resources for the preservation of the visual, cultural, and historical 

aspects of the lands including preserving the extensive archaeological sites in the area, 

preserving and protecting native Hawaiian plants and animals currently in the area, 

providing for a wilderness area with minimal human made structures, permit limited 

access for recreational purposes, such as fishing, swimming, camping, and exploration, 

and preventing additional development in the area. Authorizes the department to acquire 

any private lands included in the area by a value for value land exchange. -- Establishes 

provisions relating to historical district designation. Allows the legislature to designate 

a contiguous geographical area in the State as a historical district to recognize the 

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March 8, 2012 11


historical and cultural significance of that area to Hawaii. Allows the department of land 

and natural resources to collaborate with interested parties to preserve historic property 

and other historically significant sites within a historical district and promote the historical 

district for educational, tourism, and economic purposes. -- Establishes the Pearl Harbor 

Honouliuli historical district to include the Ewa plain in west Oahu, referring to the area 

including and bounded by Pearl Harbor to the east, to the Marine Corps Air Station Ewa 

Field in the west, to the Honouliuli Internment Camp in the north, including the area in 

which the Arizona Memorial Pacific Aviation Museum is located from Kapolei to the 

Waipahu and including Ko Olina, Kalaeloa, and the Ewa marina as the west Oahu 

historical district. -- HB0324 SD2 



Har S -- Evans C, Herkes R, Riviere G 

HB0326 HD1 SD2 (SSCR 1152) RELATING TO HEALTH. 


Establishes provisions relating to telehealth services; medicaid and QUEST. Prohibits 

the department of human services to require the department's approval for a health plan 

under the department's medicaid or QUEST program to deliver services using a 

telehealth services; or in person visits to qualify any telehealth service for coverage under 

the department's medicaid or QUEST program and only apply to a mobile medical van 

program operating in a county of with a population of less than 250,000 and operated by 

Kona community hospital to be funded through a partnership with a nonprofit mutual 

benefit society operating in the State that provides health care coverage to at least 

600,000 members. Requires the department of human services to establish and 

implement the Hawaii patient centered health home pilot program within the Medicaid 

program. Requires the program to provide comprehensive person centered, and 

integrated primary care services to state health care program members using a health 

home model of care deliver. Pilot program to cease to exist on June 30, 2013 (sunset). 

Establishes the Hawaii Medicaid modernization and innovation council within the 

department of human services to be appointed by the governor. Requires the council to 

develop and implement the Hawaii patient centered health home pilot program that is 

consumer driven, culturally appropriate, and family centered and that optimizes access 

and provides team based, integrated, and holistic care deliver. Report to the legislature, 

governor, the director of health, and the director of human services. Council to cease to 

exist on June 30, 2013 (sunset). -- HB0326 SD2 



Mizuno J, Morikawa D -- Ching C, Herkes R 


Oakland S, Ige D -- Green J, Slom S 

HB0337 HD1 (HSCR 541) RELATING TO ATHLETIC TRAINERS. 

Introduced by: Chang J, Tsuji C, Takumi R, Nakashima M, Souki J, Thielen C, Ichiyama 

L, Morita H, Coffman D, Morikawa D, Har S, Tokioka J, Hanohano F, Keith-Agaran G, 

Lee C, Ito K 

Establishes the athletic trainers law. Prohibits a person to represent, advertise, or 

announce oneself, either publicly or privately, as an athletic trainer, nor use in connection 

with the person's name or place of business the words registered athletic trainer, or any 

other words, letters, abbreviations, or insignia indicating or implying that the person is an 

athletic trainer unless the person has registered with the department of commerce and 

consumer affairs. Require the department to maintain a current list of names and 

business addresses of athletic trainers and the registrant's copy of its certification from 

the National Athletic Trainers Association Board of Certification to be a public record. 

Requires physician to provide supervision to an athletic trainer for athletic training 

services plans or protocols. Establishes penalties. -- HB0337 HD1 


Mar=10 11 Multiple Referral to CPN then WAM 

HB0338 HD2 SD1 (SSCR 991) RELATING TO EDUCATION. 

Introduced by: Takumi R, Oshiro M, Evans C, Mizuno J, Yamashita K, Ito K, Belatti D 

Amends provisions relating to state student council. Repeals provisions that requires the 

council to directly select the student member of the board of education or to run an 

election to select that individual. -- Amends Act 5, session laws of 2011. Increases the 

number of members of the board of education to 10 by adding 1 public high school 

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March 8, 2012 12


student. Prohibits the student member to vote on any issue directly related to personnel 

matters. Requires the student member to be appointed by the governor with the advice 

and consent of the senate. -- HB0338 SD1 



Lee M -- Belatti D, Johanson A, Nakashima M, Wooley J 


-- Kidani M, Slom S 

HB0341 HD4 (FLOOR RELATING TO EMPLOYMENT PRACTICES. 

AMENDMENT 1) Introduced by: Takumi R, Belatti D 

Amends provisions relating to unlawful suspension, discharge, or discrimination under 

employment practices law. Provides that it shall be unlawful practice for any employer 

who has a collective bargaining agreement with their employees and 100 or more 

employees or a labor organization to bar or discharge from employment, withhold pay 

from, or demote an employee because the employee uses accrued and available sick 

leave. Provides that after an employee uses 3 or more consecutive days of sick leave 

allows an employer or labor organization to require the employee to provide a written 

verification from a physician indicating that the employee was ill when the sick leave was 

used. Provides that employers and labor organizations are not prohibited from barring 

or discharging from employment, withholding pay from, or demoting an employee if the 

employee is unable to fulfill the essential job functions or requirements of the employee's 

position. -- HB0341 HD4 


Apr=01 11 Single Re referral to JDL 

HB0354 HD1 SD2 (SSCR 1176) RELATING TO TAX APPEALS. 


Amends provisions relating to small claims. Provides that the tax appeals court shall not 

allow pretrial discovery and that the costs and fees awarded to the prevailing party shall 

be limited to fees paid directly to the court in the course of conducting the tax appeal at 

issue. -- HB0354 SD2 


Apr-15 11 Conference Committee: House Members: Oshiro B, 

Oshiro M -- Luke S, McKelvey A, Thielen C 


Shimabukuro M, Kidani M -- Slom S 

HB0376 HD1 SD1 (SSCR 971) RELATING TO STREAMLINING PERMIT, LICENSE, AND APPROVAL APPLICATION 

PROCESSING. 


Establishes provisions relating to 3rd party permit, license, and approval processing 

review. Authorizes each county to provide a 3rd party with permit, license, and approval 

processing review powers to increase the efficiency and timeliness of permit, license, or 

approval applications submitted to the State or respective county. Further authorizes 

each county to contract with qualified licensed architects and engineers. Requires an 

owner of the property to retain the 3rd party reviewers and pay all fees and costs. 

Prohibits an owner to retain a 3rd party reviewer who works for or is employed by the 

same person or entity that designed the property. Requires the 3rd party reviewers to 

conduct their review services for the purpose of certifying that the proposed plans and 

specification are in compliance with applicable federal, state, or county laws, rules, 

ordinances, and codes and limited to those areas authorized by the State or respective 

county and those areas in which the 3rd party reviewer is licensed. Prohibits the 3rd 

party reviewers from granting any modification, variances, waivers, exemptions, or other 

discretionary approvals. 3rd party reviewers are immune from liability, except for acts 

that result from the reviewer's intentional misconduct, gross negligence or malfeasance. 

-- HB0376 SD1 



HB0377 HD2 SD2 (SSCR 1219) RELATING TO PUBLIC LANDS. 

Introduced by: Nakashima M 

Establishes provisions relating to lease preferences; Hawaiian fishponds. Requires the 

board of land and natural resources to give preference for the reconstruction, restoration, 

repair, or use of Hawaiian fishponds when issuing leases for state land suitable for 

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March 8, 2012 13


Hawaiian fishponds. -- Amends provisions relating to Hawaii marine laboratory refuge. 

Exempts the refuge from obtaining state permits for repair and maintenance of its 

facilities located on the island of Moku o loe (coconut island), Oahu. -- HB0377 SD2 



Hanohano F, Har S -- Ito K, Nakashima M, Riviere G 

Apr=19 11 Conference Committee: Senate Members: Galuteria 

B, Dela Cruz D, Hee C -- Slom S 

HB0393 HD2 SD2 (SSCR 1260) RELATING TO CRIME. 

Introduced by: Souki J, McKelvey A, Yamashita K, Keith-Agaran G, Carroll M 

Amends provisions relating to mandatory revocation of license by a court. Requires a 

court of competent jurisdiction to immediately revoke the license of any driver for a period 

of up to 10 years upon a conviction of the driver of manslaughter. Requires a court to 

immediately revoke the license of any driver for a period of up to 5 years upon a 

conviction of the driver of negligent homicide in the 1st degree or negligent homicide in 

the 2nd degree. -- Amends provisions relating to conditions of probation. Requires that 

the defendant serve a term of imprisonment not exceeding 2 years in a conviction of 

manslaughter. -- Amends provisions relating to ignition interlock permits; driving for 

employment. Provides that upon the receipt by the director of an order of eligibility for 

an ignition interlock permit and an order directing the director to issue temporary number 

plates and temporary motor vehicle registration, the director shall issue temporary 

number plates and temporary motor vehicle registration to the respondent named in the 

order. Requires that the temporary number plates and temporary motor vehicle 

registration is to be for a period not exceeding 10 business days. -- Amends provisions 

relating to operating a motor vehicle under the influence of an intoxicant. Prohibits court 

to issue an ignition interlock permit to a defendant whose license is expired, suspended, 

or revoked as a result of action other than the instant offense; a defendant who does not 

hold a valid license at the time of the instant offense; or a defendant who holds either a 

category 4 license or a commercial driver's license, unless the ignition interlock permit 

is restricted to a category 1, 2, or 3 license. -- HB0393 SD2 



Keith-Agaran G -- Har S, Ichiyama L, Ito K, Saiki S, Thielen C 

Apr=18 11 Conference Committee: Senate Members: English J, 


HB0418 HD1 (HSCR 671) RELATING TO GENERAL EXCISE TAX LAW. 

Introduced by: Say C 

Amends provisions relating to filing and payment of taxes by electronic funds transfer. 

Reduces the tax liability amount to 50,000 dollars and the tax withholding amount to 

20,000 dollars. -- HB0418 HD1 


Mar=10 11 Multiple Referral to EDT then WAM 

HB0422 HD2 (HSCR 728) RELATING TO SOLID WASTE. 

Introduced by: Morita H 

Amends provisions relating to solid waste disposal surcharge. Adds that solid waste 

management surcharge shall be for solid waste disposed of within the state at permitted 

or unpermitted solid waste disposal incineration facilities and waste to energy facilities, 

or transferred to a solid waste reduction facility within the State that collect solid waste 

for transport to an out of state landfill, incineration facility, or waste to energy facility. 

Adds that surcharge to be paid by the person or entity responsible for the preparation of 

collected solid waste for the out of state transfer. -- HB0422 HD2 


Mar=10 11 Multiple Referral to ENE then WAM 

HB0425 HD3 (HSCR 713-12) RELATING TO PUBLIC UTILITIES. 


Amends provisions relating to general powers and duties under public utilities 

commission law. Requires the public utilities commission to consider the costs and 

benefits of a diverse fuel portfolio and of maximizing the efficiency of all electric utility 

assets to lower and stabilize the cost of electricity. Prohibits anything in provisions 

relating to general powers and duties from subverting the obligation of electric utilities to 

meet the renewable portfolio standards set forth in provisions relating to renewable 

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March 8, 2012 14


portfolio standards. -- HB0425 HD3 


Mar=08 12 Multiple Referral to ENE then CPN 

HB0453 HD1 (HSCR 697) RELATING TO PUBLIC ACCESS. 

Introduced by: Keith-Agaran G, McKelvey A, Souki J, Nishimoto S, Nakashima M 

Amends provisions relating to public access. Allows the counties to require that the 

subdivider establish and initially fund a stewardship fund to be controlled by the county 

for the improvement and future maintenance of the right of way or require that the 

subdivider or subdivider's successor improve and maintain the right of way. -- HB0453 

HD1 


Mar=10 11 Multiple Referral to PGM then JDL 

HB0461 HD1 SD1 (SSCR 2450) RELATING TO THE UNIFORM MILITARY AND OVERSEAS VOTERS ACT. 


Establishes provisions relating to uniform military and overseas voters act. -- HB0461 

SD1 

Current Status: Mar-08 12 House Disagrees to Senate amendments 

HB0466 HD3 SD1 (SSCR 2263) RELATING TO WORKERS' COMPENSATION. 


Establishes provisions relating to medical examinations; selection of physicians under 

workers' compensation law. Requires that following an injury and after a claim is filed by 

the employee, the employer, upon mutual agreement of the parties, may appoint a 

qualified physician paid by the employer to conduct an independent medical examination 

of the injured employee or a permanent impairment rating examination of the injured 

employee and make a report to the employer. Requires that if the parties cannot agree 

on a physician, the employer or employee may request in writing that the director of labor 

and industrial relations appoint a physician licensed in a relevant medical specialty 

licensed to practice in Hawaii, and willing to undertake such examination within 7 

calendar days of the directors receipt of the request. Requires the physician selected to 

examine the employee within 45 days. Prohibits an independent medical examination 

and a permanent impairment rating examination be combined into a single medical 

examination unless the injured employee consents in writing prior to scheduling the 

examination. Prohibits the director, the appellate board, or any court order more than 1 

independent medical examination and 1 permanent impairment rating examination per 

case unless valid reasons exist or where major surgery and elective surgery, or either, 

is contemplated. Requires that if an employee refuses to submit to or in any way 

obstructs an examination, the employee's rights to claim compensation for the work injury 

to be suspended until the refusal or obstruction ceases and no compensation to be 

payable for the period during the period the refusal or obstruction continues. Requires 

that the cost of conducting the ordered independent medical examination or permanent 

impairment rating examination to be limited to the complex consultation charges 

governed by the medical fee schedule. Requires the physicians selected to perform 

independent medical examination or permanent impairment rating examinations be 

licensed in Hawaii, except on approval by the director and subject to specifications and 

conditions. Provides when an injured employee has attained medical stability by the 

attending physician, the employer may appoint a physician, paid by the employer and 

selected by agreement of the parties to conduct a permanent impairment rating 

examination of the injured employee. Repeals provisions relating to medical examination 

by employer's physician. Appropriation to the department of labor and industrial relations 

to establish 3 full time equivalent (3.00 FTE) permanent workers' compensation hearing 

officer positions and 2 full time equivalent (2.00 FTE) permanent office assistant positions 

in the disability compensation division of the department to assist in workers 

compensation claims. Act to be repealed on June 30, 2017 (sunset). ($$) -- HB0466 

SD1 



HB0468 HD1 (HSCR 624) RELATING TO COUNTY ETHICS COMMISSIONS. 


Establishes provisions relating to county ethics commissions. Establishes a process of 

selecting members of county ethics commissions. -- HB0468 HD1 


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March 8, 2012 15



HB0492 HD2 SD2 (SSCR 1161) RELATING TO PUBLIC SAFETY. 

Introduced by: Awana K, Fontaine G 

Amends provisions relating to the director of public safety; powers and duties. Requires 

instead of allows the director to preserve the public peace, prevent crime, detect and 

arrest offender against the law, protect the rights of person and property, and enforce and 

prevent violation of all laws and administrative rules of the State; may, upon request, 

assist other state officers or agencies that have primary administrative responsibility over 

specific subject matters or programs; train, equip, maintain, and supervise the force of 

public safety officers, including law enforcement and correctional personnel and other 

employee of the department; to serve process both in civil and criminal proceeding; 

perform other duties required by law; adopt rules that are necessary or desirable for the 

administration of public safety programs; and enter into contracts in behalf of the 

department and take all actions deemed necessary and appropriate for the proper and 

efficient administration of the department. Requires the department of public safety to 

develop and implement a comprehensive strategic plan to correct the deficiencies in the 

sheriff division. Report to the legislature. -- HB0492 SD2 



Cullen T -- Awana K, Fontaine G, Saiki S 


Ige D -- Kim D, Slom S 

HB0496 SD2 (SSCR 1184) RELATING TO LAKE WILSON. 


Establishes a pilot project within the department of land and natural resources to 

demonstrate the effectiveness of phytoremediation using plants that are native to Hawaii 

to remove pollutants and improve water clarity in Lake Wilson. Report to the legislature. 




Oshiro M -- Cabanilla R, Riviere G 


D, Solomon M, Kidani M, Gabbard M -- Slom S 

HB0505 HD2 SD2 (SSCR 1146) RELATING TO FLOOD MITIGATION. 

Introduced by: Awana K, Chong P, Yamashita K, Brower T, Har S, Tokioka J, Cabanilla 

R 

Appropriation to the department of transportation for flood mitigation efforts on Farrington 

highway between Maili and Nanakuli, Lualualei valley area, and Waiahole Waikane on 

Oahu; Kawa flats on Hawaii; north side section of Kuhio highway, west side section of 

Rice street, and Kaumualii highway on Kauai; and Kahekili highway, Puunene avenue, 

Hana highway, north Kihei road, and Honoapiilani highway on Maui. ($$) -- HB0505 SD2 



Har S -- Awana K, Jordan J, Nakashima M, Riviere G 

Apr=18 11 Conference Committee: Senate Members: English J, 


HB0518 HD2 (HSCR 709-12) RELATING TO ACCESS TO REAL PROPERTY. 


Establishes provisions relating to public access; residential and agricultural real property. 

Requires the seller or the seller's agent to disclose in writing to the buyer the existence, 

if any, of any access, including an easement or court ordered access, and any traditional 

public access of which the seller has actual knowledge that burdens or may burden the 

real property being sold. -- HB0518 HD2 



HB0526 HD1 SD2 (SSCR 1149) RELATING TO HIGH TECHNOLOGY. 

Introduced by: Yamashita K, McKelvey A, Manahan J, Chong P, Tokioka J, Chang J, 

Oshiro B, Tsuji C, Har S, Hashem M 

Requires the department of business, economic development, and tourism and the high 

technology development corporation to plan for the establishment of a high technology 

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March 8, 2012 16


park or technology incubator facility on Oahu. Requires the corporation to manage and 

oversee the park's operations in cooperation with other government agencies and private 

entities. Report to the legislature. Appropriation to the department of business, 

economic development, and tourism. ($$) -- HB0526 SD2 



Chang J, Choy I -- Hashem M, Marumoto B, Yamashita K 


C, Espero W -- Wakai G 

HB0527 HD2 (HSCR 780) RELATING TO WORKERS' COMPENSATION. 

Introduced by: Yamashita K, Choy I, McKelvey A, Chong P, Hashem M, Tsuji C, Tokioka 

J 

Amends provisions relating to injures covered under workers' compensation law. 

Prohibits compensation for an injury incurred by an employee by the employee's wilful 

intention to injure the employee or another by actively engaging in any unprovoked non 

work related physical altercation other than in self defense, or by the employee's 

intoxication or the exacerbation of an existing, work related injury through voluntary 

participation in any recreational or social activity including employer sponsored sporting 

events, team activities, parties, and picnics; provided that the attending physician had 

placed restrictions on the employee's physical activity for participation in such activities 

and the employee disregarded the restrictions. -- HB0527 HD2 



HB0530 HD1 (HSCR 725-12) RELATING TO COASTAL ZONE MANAGEMENT. 

Introduced by: Yamashita K, Har S, Chang J 

Establishes provisions relating to the special management area permits for state projects. 

Requires the lead agency for state projects to grant or deny special management area 

permits in accordance with State administrative procedures. Exempts the lead agency 

from State administrative procedures when granting or denying a special management 

permit. Requires the office of planning to adopt rules necessary to implement these 

provisions. Allows the board of land and natural resources to exempt any state project 

from special management areas and shoreline setback requirements. Authorizes the 

director of transportation to exempt any state project from the requirements of special 

area management permits and shoreline setback requirements, provided that any 

projected exempted be subject to the requirements of environmental impact statements 

and consultation with the office of conservation and coastal lands and the office of 

planning. Act to be repealed June 30, 2015 (sunset). -- HB0530 HD1 


Mar=08 12 Multiple Referral to WLH/ TIA/ then WAM 

HB0548 HD3 SD1 (SSCR 894) RELATING TO TRESPASS. 

Introduced by: Tokioka J, Say C, Har S, Awana K, Oshiro B 

Establishes a task force attached to the department of business, economic development, 

and tourism to identify problem areas on the various islands related to trespass over 

privately held or public lands as the result of information published on visitor guide 

websites and in visitor guide publications. Provides that the legislative reference bureau 

may provide assistance. Report to the legislature. -- HB0548 SD1 



HB0549 HD1 (HSCR 251) RELATING TO PUBLIC AGENCY MEETINGS. 

Introduced by: Tokioka J, Say C, Yamashita K, Har S, Awana K, Marumoto B 

Amends provisions relating to notice. Requires the board to file and post the notice at 

least 6 calendar days before the meeting. Requires a state board to file the notice by 

electronic posting on the state calendar. Requires a county board to file the notice by 

electronic posting on the county calendar maintained on the designated county internet 

website. -- Amends provisions relating to emergency meetings. Requires an emergency 

agenda and findings be filed where notices are filed. Requires notification by telephone 

of persons requesting notification. -- HB0549 HD1 



HB0550 HD1 SD1 (SSCR 853) RELATING TO TELEVISION. 

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March 8, 2012 17


Introduced by: Tokioka J, Say C, Chong P 

Requires the legislative auditor to conduct an analysis of the allocation of cable operator 

franchise fees to public, education, and government access organizations; Hawaii Public 

Television Foundation; and the department of commerce and consumer affairs' cable 

television division to determine the basis and rationale for the distribution of amounts to 

each entity for fiscal years 2008, 2009, and 2010. Report to the legislature. -- Requires 

the legislative auditor to review the reports of financial, technical, and operational 

condition and ownership submitted for the years 2005 through 2010 by Olelo Community 

Television and the most recent independent, 3rd party review and compliance with 

agreements with the department of commerce and consumer affairs. Report to the 

legislature. -- HB0550 SD1 



Yamashita K, Tokioka J -- Chong P, McKelvey A, Ward G 

HB0551 HD2 (HSCR 810) RELATING TO ELECTRIC GUNS. 

Introduced by: Tokioka J, Say C, Awana K 

Amends provisions relating to restriction on possession, sale, gift, or delivery of electric 

guns. Exempts county liquor authority investigators in counties having a population of 

500,000 or less. Requires the county liquor authorities to maintain written and video 

records for every electric gun in their custody and control. Requires the records to 

consist of a written report and video record of every instance in which an electric gun is 

used. Annually report to the legislature. Requires the county liquor authority to ensure 

that its investigators receive training prior to deployment of the electric guns. Further 

requires the county liquor authorities to ensure that each of its investigators pursue law 

enforcement accreditation or recognition in the use of electric guns prior to purchasing 

electric guns and related equipment and obtaining training for the use of the electric guns 

by its investigators. -- Requires the county liquor authority to authorize the purchase or 

acquisition of electric guns that are equipped with video recording capabilities that are 

designed to automatically record and document each use of the electric gun. Authorizes 

county liquor authority investigators to carry and use only those electric guns issued to 

them by their respective county liquor control authority while on authorized duty. -- 

HB0551 HD2 



HB0560 RELATING TO FINANCE. 

Introduced by: Chong P, Yamashita K, Lee M, Oshiro B, Say C 

Amends provisions relating to the department of commerce and consumer affairs. 

Requires that the director of finance to transfer moneys from the compliance resolution 

fund to retroactively fund all interest payments on general obligation bonds issued for the 

purposes of assisting the operations of the department of commerce and consumer 

affairs through infrastructure improvements. -- HB0560 



HB0561 HD1 SD1 (SSCR 899) RELATING TO PUBLIC ASSISTANCE. 


Establishes provisions relating to supplemental private health insurance coverage; notice 

to department. Requires QUEST or QUEST net vendors under contract with the 

department of human services to notify the department of enrollees who also have 

coverage through a private health care insurer. Requires the private insurance plan to 

be the primary payor of any covered claims and the QUEST or QUEST net to be the 

secondary payor. -- HB0561 SD1 



HB0562 HD1 (HSCR 663) RELATING TO STATE MONEYS. 


Establishes provisions relating to non general fund moneys; investments. Allows the 

director of finance to invest non general fund moneys in any state issued general 

obligation bond or interest bearing note or other obligation. Requires a report to the 

legislature 30 days after each investment is made. -- HB0562 HD1 



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March 8, 2012 18




Amends provisions relating to the ethanol production facility income tax credit by 

beginning the tax credit on January 1, 2014, and changes the amount of the tax credit. 

-- HB0563 SD1 



Chong P -- Chang J, Ito K, Kawakami D, Thielen C 


M, Ige D -- Slom S 

HB0564 HD1 (HSCR 672) RELATING TO THE EMERGENCY AND BUDGET RESERVE FUND. 


Amends provisions relating to emergency and budget reserve fund (rainy day fund). 

Increases the amount of the state general fund balance that shall be deposited into the 

fund whenever the state general fund revenues for each of 2 successive fiscal years 

exceeds revenues for each of the preceding fiscal years by 5 per cent, from 5 per cent 

to 10 per cent and that 50 per cent of the moneys deposited to be used to address the 

unfunded liability of the employees retirement system. -- HB0564 HD1 



HB0566 HD2 (HSCR 883) RELATING TO TAXATION. 

Introduced by: Chong P, Yamashita K, Lee M, Tokioka J, Oshiro B 


Provides that the eligible system be installed and placed in service prior to January 1, 

2017 (sunset) and that the credits claimed during 2012 taxable year will be paid starting 

July 1, 2013. Requires the department of business, economic development, and tourism 

to complete and assessment of the impact of the tax credit on the state's energy sector 

for the period 2003 - 2013 and of the continued need for the tax credit after December 

31, 2016. -- HB0566 HD2 


Mar=10 11 Multiple Referral to ENE/ EDT/ then WAM 

HB0568 HD2 (HSCR 838) RELATING TO AQUACULTURE. 

Introduced by: Chong P, Tsuji C, Har S, Hashem M, Yamashita K 

Amends provisions relating to disposition by negotiation. Provides that the disposition 

of public lands shall not exceed a maximum term of 35 years, except in the case of 

aquaculture operations, which may provide for a maximum term of 45 years, or a 

maximum term of 65 years for existing aquaculture operations in good standing for 10 

or more years. Aquaculture operations in good standing are to have the right of 1st 

refusal and may seek to renew a lease issued under this law. Aquaculture operations, 

during the lease term, may engage in supportive activities that are related to aquaculture. 

-- HB0568 HD2 


Mar=10 11 Multiple Referral to AGL/ WLH/ then WAM 

HB0569 HD1 SD2 (SSCR 1151) RELATING TO MEDICAID. 

Introduced by: Chong P, Oshiro B, Yamashita K, Har S, Say C 

Appropriation to the department of human services for the creation of a wellness pilot 

program for medicaid recipients or QUEST members. Requires the president of the 

senate and the speaker of the house of representatives to convene a joint legislative task 

force on Medicaid to examine issues relating to Medicaid. ($$) -- HB0569 SD2 



Yamane R, Jordan J -- Chong P, Lee C, Ward G 


Oakland S, Ige D, Green J -- Slom S 

HB0578 HD2 (HSCR 706-12) RELATING TO SHARK FEEDING. 

Introduced by: Har S, Ito K, Chang J 

Amends provisions relating to shark feeding; prohibitions; exceptions; penalties. 

Provides that any person in violation of this law is to be subject to an administrative fine 

of not less than 5,000 dollars and not more than 15,000 dollars. Also provides that the 

violator may be assessed administrative fees and costs and attorney's fees and costs. 

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March 8, 2012 19


-- HB0578 HD2 


Mar=08 12 Multiple Referral to WLH/ JDL/ then WAM 

HB0587 HD2 (HSCR 781) RELATING TO COUNTIES. 


Amends provisions relating to liquor commission and board attorney by adding 

administrator. Allows the liquor commission of each county to appoint and remove a 

liquor administrator who may also be appointed as an investigator, unless prescribed by 

the charter of each county. Requires the administrator to be responsible for the 

operations and activities of the liquor commission staff. -- HB0587 HD2 




Introduced by: Yamane R, Manahan J, Lee M, Aquino H, McKelvey A, Cullen T 


share hospital allowance allocated to the State. ($$) -- HB0594 SD2 



Morikawa D -- Ching C, Lee C, Wooley J 


Oakland S, Ige D -- Slom S 


Introduced by: Yamane R, Manahan J, Cullen T, Lee M, Aquino H, McKelvey A 

Establishes provisions relating to presumptive eligibility under Medicaid for waitlisted 

patients. Requires the department of human services to presume that a waitlisted patient 

applying for Medicaid coverage is eligible for coverage; provided that the applicant is able 

to show proof, and if the waitlisted patient is later determined to be ineligible for Medicaid 

after receiving services during the presumptive eligibility period requires the department 

to disenroll the waitlisted patient and notify the provider and the plan, if applicable, of 

disenrollment by facsimile transmission or e mail. Report to the legislature. Further 

requires the department to conduct a study of a computerized system for processing 

Medicaid applications. Report to the legislature. Appropriation. Act to be repealed on 

July 1, 2016. ($$) -- HB0596 SD1 



Yamane R, Jordan J -- Lee C, Pine K, Wooley J 


Oakland S, Ige D -- Kahele G 

HB0608 HD3 SD1 CD2 (SENATE RELATING TO HEALTH. 

FLOOR AMENDMENT 1 OR Introduced by: Yamane R 

HOUSE FLOOR AMENDMENT 1) Appropriation to the department of health for a grant in aid for The Queen's Medical 

Center to support services to perform kidney and liver transplants in Hawaii. Requires 

matching private funds. -- Appropriation to the department of health for a grant in aid for 

National Kidney Foundation of Hawaii to maintain its chronic kidney disease 

management program. Requires matching private funds. -- HB0608 CD2 

Current Status: Feb-03 12 Received by the Governor 


HB0609 HD2 (HSCR 826-12) RELATING TO HEALTH. 


Establishes provisions relating to Hawaii Medical Center East; affiliation; acquisition. 

Allows the Hawaii Medical Center East on Oahu to be assimilated into the Hawaii health 

systems corporation by negotiation between the corporation and the owners of the Hawaii 

Medical Center East. Prohibits any liabilities of the Hawaii Medical Center East from 

becoming liabilities of the corporation. Exempts the Hawaii Medical Center East, once 

assimilated, from concessions on public property and expenditure of public money and 

public contracts laws and its board of directors, if any, from provisions relating to 

meetings under public agency meetings and records law. Exempts the purchase of 

goods and services by or on behalf of Hawaii Medical Center East, after assimilation, 

from Hawaii public procurement code and purchases of health and human services laws. 

Exempts assimilation of Hawaii Medical Center East into the corporation from provisions 

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March 8, 2012 20


relating to hospital acquisition under health planning and resources development and 

health care cost control law. Appropriation. ($$) -- HB0609 HD2 


Mar=08 12 Multiple Referral to HTH then WAM 

HB0613 HD1 (HSCR 931) RELATING TO HEALTH INSURANCE. 



relating to health insurance by repealing the sunset date. -- HB0613 HD1 



HB0614 HD2 SD1 (SSCR 1118) RELATING TO CHILDREN. 

Introduced by: Yamane R, Mizuno J, Awana K 

Established provisions relating to hospital based screening and assessment and 

intensive home visitation program; established. Provides that within the limits of available 

funds, establishes within the department of health a hospital based screening and 

assessment and intensive home visitation program. Allows the program to follow the 

guidelines of the department's improved healthy start program. Appropriations out of the 

Hawaii tobacco settlement special fund for hospital based screening and assessment and 

intensive home visiting services. Appropriations out of the temporary assistance for 

needy families fund (TANF) for intensive home visiting services. ($$) -- HB0614 SD1 



Morikawa D -- Ching C, Jordan J, Wooley J 


Chun Oakland S -- Slom S 

HB0618 HD1 (HSCR 635) RELATING TO OFFENSES AGAINST PUBLIC ORDER. 

Introduced by: Evans C 

Establishes provisions relating to aggravated harassment by online impersonation. 

Provides that a person commits the offense of aggravated harassment by online 

impersonation if that person commits the offense of harassment by online impersonation 

and has been convicted of harassment by online impersonation within 5 years preceding 

the instant offense. Provides that it is a class C felony. -- Establishes provisions relating 

to online impersonation. Provides that a person commits the offense of online 

impersonation if that person uses the name or persona of another person to create a web 

page on or to post 1 or more messages on a commercial social networking site without 

obtaining the other person's consent and with the intent to harm, defraud, intimidate, or 

threaten any person. Provides that it shall be a misdemeanor. -- Amends provisions 

relating to offense of harassment by impersonation. Provides that if offense is committed 

with the intent to solicit a response by emergency services personnel, it shall be a class 

C felony. Redefines personal information to include a domain address. -- HB0618 HD1 


Mar=14 11 Multiple Re referral to EDT then JDL 

HB0625 HD3 (HSCR 753) RELATING TO EDUCATION. 


Amends provisions relating to sale of school lands unnecessary for school purposes by 

changing it to school lands unnecessary for school purposes; transfer to the department 

of land and natural resources; alternative uses. Requires the chairperson of the board 

of land and natural resources to transfer from the department of education to the 

department of land and natural resources, any land under the jurisdiction of the 

department of education that have not been used for school purposes. Requires the 

recommendation and approval by the superintendent of education and that consideration 

be 1st given to charter schools or other education programs or the county where the land 

or building is located provided the county is willing to accept the land and the land was 

previously under the jurisdiction of the county. Requires the department of education to 

consult with the board of land and natural resources prior to the final transfer. -- HB0625 

HD3 


Mar=10 11 Multiple Referral to EDU/ WLH/ then WAM 

HB0626 RELATING TO THE HAWAII UNIFORM COLLABORATIVE LAW ACT. 


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March 8, 2012 21


Establishes the Hawaii uniform collaborative law act. Establishes procedures intended 

to resolve a collaborative matter without intervention by a court, arbitrator, administrative 

agency, or other body acting in an adjudicative capacity or a legislative body conducting 

a hearing or similar process. -- HB0626 



HB0638 HD1 SD1 (SSCR 1116) RELATING TO ELECTIONS. 

Introduced by: Belatti D, Cabanilla R, Carroll M, Morita H, Luke S 

Establishes provisions relating to instant runoff voting method; procedure for counting 

votes. Provides for instant runoff voting for all elections in which no primary election is 

held. Provides method for voting, counting votes, and certifying results using the instant 

runoff method. -- HB0638 SD1 



Keith-Agaran G, Choy I -- Belatti D, Oshiro B, Thielen C 


Shimabukuro M -- Kim D 

HB0640 HD1 SD1 (SSCR 1107) RELATING TO PUBLIC AGENCY MEETINGS. 

Introduced by: Belatti D, Cabanilla R 

Amends provisions relating to executive meetings. Requires any final action taken by a 

board in an executive meeting be reported to the public when the board reconvenes in 

the open meeting at which the executive meeting is held, provided that in describing the 

final action taken by the board, the information reported shall not be inconsistent with the 

purpose for which the executive meeting was convened, and the board shall maintain 

confidentiality for the information described. -- HB0640 SD1 



Keith-Agaran G -- Belatti D, Oshiro B, Thielen C 


Shimabukuro M -- Slom S 

HB0678 HD3 SD2 (SSCR 1205) RELATING TO INFORMATION. 

Introduced by: Ito K, Chang J, McKelvey A, Awana K 

Establishes provisions relating to personal information security; government agencies; 

requirements. Requires any government agency that maintains 1 or more personal 

information systems to include mandatory training programs for any agency personnel 

to whom disclosures of personal information are made or to whom access to the personal 

information may be granted. Allows the government agency to request assistance from 

the department of accounting and general services for training purposes. -- Establishes 

provisions relating to personal information; business; security program. Requires a 

business that maintains personal information about residents of Hawaii to implement a 

comprehensive written information security program that includes administrative, 

technical, and physical safeguards for the protection of personal information of residents 

of Hawaii. Requires the program to ensure the security and confidentiality of personal 

information of residents of Hawaii, protect against any anticipated threats or hazards to 

the security or integrity of the information, and protect against unauthorized access to or 

use of the information that could result in substantial harm to any resident of Hawaii. 

Exempts a financial institution that is subject to the federal Interagency Guidelines 

Establishing Information Security Standards. -- Amends provisions relating to notice of 

security breach. Requires notice of security breach to include and the toll free contact 

telephone numbers and addresses for the major credit reporting agencies that compile 

and maintain files on consumers and information on how to place a fraud alert or security 

freeze. -- Amends provisions relating to consumer reporting agencies to include security 

breach. Appropriation for ___ positions and funding in support of the information privacy 

and security council and enhanced data security requirements, for specialist and 

coordinator positions in statewide network security, application scanning, security incident 

and training, and for security tools, maintenance, and licenses, including software and 

enhanced web applications, and to be expended by the department of accounting and 

general services. ($$) -- HB0678 SD2 



Herkes R, Keith-Agaran G, Choy I -- Ito K, Marumoto B 


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March 8, 2012 22


C, Baker R, Hee C, Ige D -- none 

HB0679 HD1 (HSCR 916-12) RELATING TO FIREARMS. 

Introduced by: Ito K, Chang J, Awana K, Har S, McKelvey A, Tsuji C 

Amends provisions relating to liability of firearm owners. Provides that if a firearm 

discharges and the discharge of the firearm proximately causes either personal injury or 

property damage to any person, the owner of the firearm shall be absolutely liable for the 

damage. Provides that the absolute liability shall not apply to the National Rifle 

Association certified firearms instructors during the course of providing firearms training 

or safety courses or classes at a firing range or other firearms training facility to persons 

seeking to acquire a permit for the acquisition of a pistol or revolver, provided that this 

act shall not be construed to relieve a National Rifle Association certified firearms 

instructor from any other tort liability that may be applicable. -- HB0679 HD1 



HB0681 HD1 (HSCR 807) RELATING TO THE MILITARY. 

Introduced by: Ito K, Har S, Cullen T, Chang J, Herkes R, Rhoads K, Manahan J, 

Ichiyama L, Yamane R, Awana K, McKelvey A, Tsuji C, Oshiro M, Tokioka J, Yamashita 

K, Aquino H, Keith-Agaran G, Lee M 

Amends provisions relating to nomination paper and filing of oath. Allows members of 

the reserves or national guard while on active duty to be permitted to fulfill the 

requirements to file nomination papers and oath by registered or certified mail, return 

receipt requested. -- HB0681 HD1 

Current Status: Mar=22 11 Passed Second Reading Senate 


HB0684 HD2 (HSCR 576) RELATING TO MINORS. 

Introduced by: Awana K, Yamane R, Thielen C, Fontaine G, Mizuno J 

Establishes provisions relating to consent to temporary safe shelter and related services. 

Allows a provider to provide temporary safe shelter and related services to a minor who 

consents to the shelter and services. -- HB0684 HD2 



HB0718 HD1 SD1 (SSCR 850) RELATING TO FOSTER YOUTH. 

Introduced by: Jordan J, Mizuno J 

Establishes provisions relating to housing assistance program for former foster youth. 

Allows the department of human services to develop and administer a program to assist 

former foster youth to understand the housing options available to them and access 

appropriate housing options as necessary once a former foster youth has attained 18 

years of age. Requires the department to consult and coordinate with other relevant 

state agencies, including the Hawaii public housing authority and the Hawaii housing and 

finance development corporation. Appropriation to the department of human services to 

develop and administer a housing assistance program for former foster youth. ($$) -- 

HB0718 SD1 



HB0744 HD1 SD1 (SSCR 934) RELATING TO DAM SAFETY. 


Establishes provisions relating to dams and reservoirs. Requires all dams and related 

reservoir areas designated as important agricultural lands that are used primarily for 

cultivation of crops, game and fish propagation, or raising of livestock to be eligible for 

inclusion in the total acreage calculation for important agricultural land and shall qualify 

for incentives pursuant to important agricultural land, farm dwellings and employee 

housing, provided that dams and reservoirs classified as important agricultural lands shall 

not be included in the total acreage calculation for a petition for declaratory order to 

designate important agricultural lands in combination with the reclassification of 

agricultural lands to the rural, urban, or conservation district. -- Establishes a dam safety 

task force within the department of land and natural resources. Requires the task force 

to review applicable state laws, administrative rules, and county ordinances and 

recommend actions to be taken by the engineering division of the department in its 

administration of the Hawaii dam safety program. Report to the legislature. Task force 

to cease to exist on June 30, 2012 (sunset). -- HB0744 SD1 

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March 8, 2012 23



Apr=12 11 Re Committed to WAM 

HB0755 HD3 (HSCR 785-12) RELATING TO PUBLIC HOUSING. 

Introduced by: Cabanilla R, Mizuno J, Chong P, Brower T, Awana K, Say C 

Amends provisions relating to Hawaii public housing authority law. Amends provisions 

relating to termination and eviction. Requires a written notice in accordance with 

requirements imposed under federal law to inform the tenant of the delinquency payment. 

Amends provisions relating to hearings. Changes membership on eviction board from 

no fewer than 3 of which 1 shall be a tenant, to no fewer than 1 and no more than 3 

persons of which 1 shall be a tenant. -- HB0755 HD3 



HB0756 HD3 (HSCR 896) RELATING TO BUILDING DESIGN FOR PERSONS WITH DISABILITIES. 

Introduced by: Mizuno J, Yamane R 

Establishes provisions relating to accessible building design special account. Requires 

the disability and communication access board to establish an accessible building design 

special account within the disability and communication access board special fund to be 

used to pay the board's costs in administering the review requirements. -- Amends 

provisions relating to building design to consider needs of persons with disabilities. 

Allows the board to approve a site specific alternate design when an alternate design 

provides equal or greater access. Requires the board to charge a fee for services 

rendered by the board in performing its duties and establishes a fee schedule that 

includes reasonable tiered fees based on estimated construction costs. Annual report 

to the legislature. -- HB0756 HD3 


Mar=10 11 Multiple Referral to HMS then WAM 

HB0758 HD1 SD2 (SSCR 1153) AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING 

AN APPROPRIATION FOR THE VOCATIONAL REHABILITATION AND SERVICES 

FOR THE BLIND DIVISION. 


Appropriation to the department of accounting and general services for the department 

of human services vocational rehabilitation and services for the blind division to upgrade 

equipment and facilities for the Hoopono program. Authorizes the issuance of general 

obligation bonds for appropriation to the department of accounting and general services 

for the division to upgrade equipment and facilities for the Hoopono program. ($$) -- 

HB0758 SD2 



Jordan J -- Pine K 


Oakland S, Ige D -- Fukunaga C, Slom S 

HB0782 HD2 SD2 (SSCR 1247) RELATING TO THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, 

AND TOURISM. 


Amends Act 161, session laws of 2009, relating to the development of a statewide 

starlight reserve strategy by extending the advisory committee to June 30, 2013 (sunset). 

Appropriation to the department of business, economic development, and tourism for the 

office of aerospace development to support the aerospace advisory committee and 

starlight reserve advisory working committee; support for the pacific international space 

alliance; support for program development and outreach to the federal and foreign 

governments and the aerospace industry; support for public education and community 

outreach; support for the Pacific international space center for exploration systems; 

salary for a full time administrative assistant; support for installation of the National 

Aeronautics and space Administration's habitat demonstration unit; and matching funds 

provided to the university of Hawaii to qualify for a grant from the experimental Program 

to Stimulate competitive Research of the National Science Foundation. ($$) -- HB0782 

SD2 


Apr=12 11 Re Committed to WAM 

HB0786 HD2 SD2 (SSCR 1147) RELATING TO SOLID WASTE. 

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March 8, 2012 24



Amends provisions relating to solid waste disposal surcharge. Changes the solid waste 

management surcharge to ____ cents per ton of solid waste disposed of within the State 

at permitted or unpermitted solid waste disposal facilities. -- HB0786 SD2 



Oshiro M -- Hashem M, Kawakami D, Thielen C 



HB0793 SD1 (SSCR 1131) RELATING TO TAXATION. 


Establishes provisions relating to the temporary suspension of general excise tax 

exemptions and use tax exemptions of certain amounts and levies a tax of 4 per cent on 

those amounts from January 1, 2012, to June 30, 2015 (sunset). Act to be repealed on 

June 30, 2015 (sunset). Appropriation to the department of taxation. ($$) -- HB0793 SD1 






Establishes provisions relating to itemized deductions; limitation. Establishes limits on 

itemized tax deductions. Provision to be repealed on January 1, 2016 (sunset). -- 

HB0794 HD1 





Amends provisions relating to the transient accommodations tax. Changes the amount 

distributed to the counties to be 44.8 per cent or 101 million 978,000 dollars, whichever 

is less. Requires the director of finance to pay the 101 million 978,000 dollars and make 

adjustments to the following year until June 30, 2015. Act to be repealed on June 30, 

2015 (sunset). -- HB0795 HD1 


Mar=10 11 Multiple Referral to TSM/ PGM/ then WAM 



Establishes a general excise tax on gross income from life settlement contract by a 

person unrelated to the insured. -- HB0798 SD1 





Establishes provisions relating to the temporary suspension of general excise tax 

exemptions and use tax exemptions of certain amounts and levies a tax of 2 per cent on 

those amounts through December 31, 2012, 3 per cent through December 31, 2013, and 

4 per cent through June 30, 2015 (sunset). Act to be repealed on June 30, 2015 

(sunset). -- HB0799 HD1 





Amends provisions relating to the taxation of banks and other financial corporations. 

Repeals the provision that requires 2 million dollars from the tax be deposited to the 

credit of the compliance resolution fund. Act to be repealed on December 31, 2015 




HB0805 RELATING TO TAXATION. 

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March 8, 2012 25



Repeals the income tax exclusion of income from stock options from qualified technology 

businesses. -- HB0805 



HB0808 HD1 (HSCR 666) RELATING TO THE CONVEYANCE TAX. 


Amends provisions relating to land conservation fund. Suspends the deposit of 10 per 

cent of the conveyance taxes collected into the fund until after June 30, 2013 (sunset). 

-- Amends provisions relating to disposition of conveyance taxes. Suspends the 

distribution to the land conservation fund until after June 30, 2013. -- HB0808 HD1 


Mar=10 11 Multiple Referral to WLH then WAM 

HB0809 HD2 (HSCR 923) RELATING TO THE TRANSIENT ACCOMMODATIONS TAX. 


Amends provisions relating to the transient accommodations tax. Provides that for resort 

time share vacation units, for the period beginning July 1, 2011 to June 30, 2015 

(sunset), the occupant shall be assessed an additional 2 per cent on the fair market 

rental value and that the revenues shall be deposited into the general fund. -- HB0809 

HD2 


Mar=10 11 Multiple Referral to TSM then WAM 

HB0814 HD1 SD1 (SSCR 906) RELATING TO PUBLIC EMPLOYMENT. 


Amends provisions relating to group life insurance benefits or group life insurance 

programs. Requires the board or trustees of the Hawaii employer union health benefits 

trust to provide group life insurance benefits to retired employees who retired before July 

1, 2011. Prohibits the board from providing or making available group life insurance 

benefits to active employees or retired employees who retire after June 30, 2011. -- 

HB0814 SD1 



Oshiro M -- Ward G, Yamashita K 



HB0823 HD1 SD1 (SSCR 911) RELATING TO TRAFFIC FINES AND FEES. 


Amends provisions relating to the judiciary computer system special fund. Provides that 

50 per cent of fees collected for administrative costs of processing traffic citations shall 

be deposited into the fund. -- Amends provisions relating to district court costs. Provides 

that 50 per cent of fees collected for administrative costs of processing traffic citations 

shall be deposited into the judiciary computer system special fund and 50 per cent into 

the general fund. -- HB0823 SD1 



HB0830 RELATING TO STUDENT LOAN FUNDS. 

Introduced by: Choy I 

Repeals provisions relating to the authorization of a corporation to acquire educational 

loan notes. -- HB0830 


Mar=10 11 Multiple Referral to EDU then WAM 

HB0837 HD2 (HSCR 914) RELATING TO UNEMPLOYMENT INSURANCE BENEFITS. 


Amends provisions relating good cause for leaving part time employment under 

employment security law. Provides good cause for voluntarily leaving part time 

employment and may be found where the individual has established eligibility for partial 

unemployment due to loss of full time work with a regular employer made it economically 

unfeasible to continue part time employment; the part time employment was outside of 

the individual's customary occupation and would not have been considered suitable work; 

LRB Systems 

March 8, 2012 26


the employer failed to provide sufficient advance notice of a work schedule change; there 

was a work schedule conflict with the regular full time employer; or any other factor 

relevant to a determination of good cause. -- HB0837 HD2 



HB0840 HD1 (HSCR 668) RELATING TO LIQUOR. 


Amends provisions relating to liquor tax; limitations. Increases the per wine gallon tax 

from July 1, 2011. -- Establishes provisions relating to small breweries and brewpubs; 

tax. Establishes a gallonage tax of 23 cents per gallon on the 1st 60,000 barrels of beer 

brewed or produced during the taxable year and reverts to a tax of 93 cents per gallon 

after the 60,000 barrels. -- Amends provisions relating to prize, gift, premium, and other 

inducement. Prohibits any person acting as an agent or representative of a nonresident 

principal or for any licensee directly or indirectly, or through any subsidiary or affiliate, to 

provide a discount to the consumer either in the form of a coupon redeemed through a 

retail licensee or through a mail in rebate that the consumer sends to the licensee or its 

agent or representative, when purchasing intoxicating liquor in combination with other 

merchandise. -- HB0840 HD1 



HB0845 HD2 SD1 (SSCR 948) RELATING TO GROUND LEASES. 


Establishes provisions relating to expiration of long term residential ground leases. 

Requires lessor to notify all lessees no later than 5 years prior to the expiration of a long 

term residential ground lease for housing units in a condominium or cooperative housing 

project whether the lessor plans to develop or redevelop the property that is subject to 

the long term ground lease and whether the lessor is willing to extend the long term 

ground lease or sell the leased fee interest, or whether the lessor intends to enforce the 

expiration of the lease. -- Allows lessee to request an extension of the long term ground 

lease for all or any part of the land that is not subject to development or redevelopment 

within the 5 year period for a minimum of 10 years if the lessor of a long term residential 

ground lease intends to develop or redevelop all or any part of the property subject to the 

long term ground lease no sooner than 5 years after the expiration of the long term 

ground lease. -- Requires extension of leases of ownership of all residential units on the 

subject land until the commencement of development or redevelopment of the land if the 

lessor extends a long term residential ground lease. -- Requires the lease to terminate 

on the expiration date specified in the lease if a lessor does not extend a long term 

residential ground lease. -- Provides an income tax credit to promote the extension of 

long term residential ground leases. Allows any taxpayer that is the lessor of a long term 

residential ground lease that properly files an income tax return for the taxable year to 

claim an income tax credit against the taxpayer's net income tax liability. The tax credit 

is to be ___ per cent of the annual rental income collected from the property subject to 

a lease extension. -- HB0845 SD1 



HB0848 HD2 SD1 (SSCR 993) RELATING TO THE GENERAL EXCISE TAX. 


Amends provisions relating to additional amounts not taxable under the general excise 

tax law. Provides that the general excise tax law shall not apply to amounts received by 

a related entity and taking into account the attribution rules under section 267, Federal 

Internal Revenue Code, as amended, including salaries, wages and related taxes, 

vacation pay, sick pay, and pensions and insurance paid out to or on behalf of employees 

of the related management company and reimbursed by the related company for those 

operating expenses. -- HB0848 SD1 



Chun Oakland S, Kidani M, Kouchi R, Slom S 



HB0850 HD1 SD2 (SSCR 1183) RELATING TO FISHING. 


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March 8, 2012 27


Establishes provisions relating to Lanai community based fishery resource management 

area; advisory committee; rules. Designates the Lanai community based fishery 

resource management area around the island of Lanai. Establishes an advisory 

committee to incorporate traditional cultural practices to emphasize natural resource 

conservation to develop a community based fishery resource management area program 

for the island of Lanai to implement fishery management practices for the regulation of 

fishing and gathering to promote the sustainable use of marine resources. -- Act to be 

repealed upon the adoption of rules to implement the 'aha kiole management system, 

also known as the 'aha moku management system (sunset). Appropriation. ($$) -- 

HB0850 SD2 



Coffman D, Har S -- Carroll M, Riviere G 


M, English J, Ige D -- Kahele G, Ryan P, Slom S 

HB0853 HD1 (HSCR 678) RELATING TO THE BANK OF THE STATE OF HAWAII. 

Introduced by: Oshiro M, Takumi R, Lee M, McKelvey A 

Establishes a task force on establishing the bank of the State of Hawaii. Reports to the 

legislature. Task force to cease to exist on June 30, 2013 (sunset). Requires the 

legislative reference bureau to provide research and organizational support services. -- 

HB0853 HD1 


Mar=10 11 Multiple Referral to EDT/ CPN/ then WAM 

HB0878 HD1 (HSCR 815) RELATING TO NONPROFIT CORPORATIONS. 


Establishes provisions relating to action by ballot under Hawaii nonprofit corporations act. 

Allows any action to be taken at any annual, regular, or special meeting of members to 

be taken without a meeting if the membership corporation delivers a ballot to every 

member entitled to vote on the matter, except as otherwise restricted by the article of 

incorporation or bylaws. Allows membership corporation to deliver ballots by electronic 

transmission. Requires approval by ballot to be valid only if the number of votes cast by 

ballot equals or exceeds the quorum required to be present at a meeting authorizing the 

action. Allows members or proxies of members to participate at an annual or regular 

meeting of member by means of the internet, teleconference, or other electronic 

transmission technology if authorized by the board of directors. Amends provisions 

relating to other methods of electing directors. Repeals that allows the directors or 

officers are to be elected by member, the bylaws or board of directors election to be 

conducted by mail. Allows a ballot to be signed by means of an electronic signature. -- 

HB0878 HD1 



HB0879 HD1 SD2 (SSCR 1261) RELATING TO MORTGAGE FORECLOSURES. 

Introduced by: Herkes R, Keith-Agaran G 

Establishes provisions relating to foreclosure by action under planned community 

associations. Requires all sums assessed by the association but unpaid for the share 

of the common expenses chargeable to any unit to constitute a lien on the unit with 

priority over all other liens. Allows the lien of the association to be foreclosed by action 

or by nonjudicial or power of sale foreclosure procedures by the managing agent or 

board, acting on behalf of the association. -- Establishes provisions relating to 

association fiscal matter; lien following mortgage foreclosure under condominiums law. 

Allows the board to specially assess the amount of the unpaid regular month common 

assessment for common expenses against a person who, in a judicial or nonjudicial 

foreclosure, purchases a delinquent unit and prohibits the amount of the special 

assessment to exceed the total amount of unpaid regular monthly common assessments 

that were assessed during the 6 months immediately preceding the completion of the 

judicial or nonjudicial foreclosure or exceed 3,600 dollars. -- Establishes provisions 

relating to association fiscal matters; payment under protest; remedies after payment of 

disputed amounts. Prohibits an apartment owner to withhold any assessment claimed 

by the association for any reason. -- Establishes provisions relating to association fiscal 

matters; additional remedies. Allows the association of apartment owners to authorize 

its managing agent or board in conjunction with or as an alternative to foreclosure 

proceedings where an apartment is owner occupied after 60 days written notice to the 

LRB Systems 

March 8, 2012 28


apartment owner and to the apartment's 1st mortgagee of the nonpayment of the 

apartment's share of the common expenses, terminate the delinquent apartment's 

access to the common elements and cease supplying a delinquent unit with any and all 

services normally supplied or aid for by the association of apartment owners. Amends 

provisions relating to priority of liens by changing to association fiscal matters; lien for 

assessment. Repeals provisions that provides when the mortgagee of a mortgage of 

record or other purchaser of an apartment obtains title to the apartment as a result of 

foreclosure of the mortgage, the acquirer of title and the acquirer's successors and 

assigns shall not be liable for the share of the common expenses or assessments by the 

association of apartment owners chargeable to the apartment. Allows the circuit court 

to assess the amount due to the association without the intervention of a jury and render 

judgment for the amount awarded in the foreclosure of the association's lien. Requires 

any dispute that arises to be subject to the alternative dispute resolution process. Allows 

the circuit court to assess the amount due to the association without the intervention of 

a jury and shall render judgment for the amount awarded in the foreclosure of the 

association's lien. Amends provisions relating to nonjury cases. Requires several circuit 

courts to have jurisdiction, without the intervention of a jury to include foreclosure of liens 

by a condominium association or planned community association. -- HB0879 SD2 



Keith-Agaran G, Oshiro M -- Cabanilla R, Ito K, McKelvey A, 

Riviere G 



HB0884 HD1 SD1 (SSCR 2472) RELATING TO FAMILY LEAVE. 

Introduced by: Oshiro M, Rhoads K 

Amends provisions relating to family leave. Adds that an employee be entitled to a total 

of 4 weeks of family leave during any calendar year to care for the employee's sibling. 

-- HB0884 SD1 



HB0894 HD1 (HSCR 127) RELATING TO MORTGAGE FORECLOSURES. 

Introduced by: Carroll M, Hanohano F 

Prohibits a mortgagee to initiate or continue with a foreclosure under power of sale or the 

alternative power of sale foreclosure process beginning on the effective date of this Act 

and ending 5 months subsequent to the effective date of this Act. Provides that this Act 

shall not prohibit a mortgage foreclosure by action in the circuit court. -- HB0894 HD1 


Feb=17 11 Multiple Referral to CPN then JDL 

HB0898 HD2 (HSCR 787) RELATING TO HOUSING POLICY. 

Introduced by: Saiki S, Belatti D, Rhoads K, Nishimoto S, Brower T 

Amends Act 191, session laws of 2010, relating to the emergency and budget reserve 

fund (rainy day fund), by extending the lapse date for the housing 1st pilot program to 

December 31, 2012 (sunset). ($$) -- HB0898 HD2 



HB0902 HD2 SD1 (SSCR 877) RELATING TO THE UNIVERSITY OF HAWAII. 

Introduced by: Yamane R, Lee M, Yamashita K, Cullen T, Manahan J, Aquino H 

Establishes the Hawaii health corps law. Requires the university of Hawaii John A. Burns 

school of medicine and the school of nursing and dental hygiene to administer the Hawaii 

health corps program to encourage physicians, physician assistants, and nurse 

practitioners to serve in counties where there is a shortage, with priority given to a rural 

area county. Creates the Hawaii rural health care provider loan repayment program 

within the program to provide loan repayments to eligible physicians, assistants, and 

nurses. Provides that participants in the program may be ordered by the governor to 

serve as 1st responders in the event of a declared emergency in the State and at the 

capacity determined by the director of health. Establishes the Hawaii health corps 

revolving fund. Requires the deans of the school of medicine and school of nursing and 

dental hygiene to annually report to the legislature. Appropriation to the program. 

Appropriation to implement and sustain the Hilo medical center's rural interdisciplinary 

residency program. Appropriation to enable the school of medicine to continue to 

LRB Systems 

March 8, 2012 29


participate as the accreditation council for graduate medical education sponsoring 

institution. Appropriation to provide yearly incentive stipend to each medical resident in 

a family medicine residency at the Hilo medical center. ($$) -- HB0902 SD1 



Nishimoto S, Morikawa D -- Ching C, Nakashima M, Saiki S 


Tokuda J, Ige D -- Shimabukuro M, Slom S 

HB0904 HD2 SD1 (SSCR 809) RELATING TO INTOXICATING LIQUOR. 

Introduced by: Yamane R, Lee M, Cullen T, Manahan J, Aquino H 

Establishes provisions relating to caffeinated beer beverage; intoxicating liquor. Prohibits 

a person to sell, offer for sale, or otherwise distribute any caffeinated beer beverage in 

the State unless the caffeinated beer beverage is labeled as intoxicating liquor and 

contains a warning that the potential harmful effects of consuming a caffeinated beer 

beverage may amplify any harmful effect of consuming an intoxicating liquor. -- HB0904 

SD1 



HB0905 HD1 SD1 CD1 (CCR 4-12) RELATING TO DELIVERY OF GOVERNMENT SERVICES. 

Introduced by: Yamane R, Yamashita K, Cullen T, Manahan J, Aquino H 

Amends provisions relating to collaboration of providers by changing it to participation of 

providers. Provides that prior to a state agency's release of a request for proposal, at the 

request of the agency, a provider shall participate in the agency's development of a 

delivery plan for health and human services. -- HB0905 CD1 



HB0908 RELATING TO EDUCATION. 

Introduced by: Takumi R, Belatti D 

Amends Act 51, session laws of 2004, relating to education. Provides that the single 

school calendar shall not apply to other schools designated by the board of education in 

furtherance of a plan to improve educational outcome in students. -- HB0908 


Mar=10 11 Single Referral to EDU 

HB0916 SD1 (SSCR 963) RELATING TO FUNDING FOR PARKING FOR DISABLED PERSONS. 

Introduced by: Souki J, Yamane R 

Establishes provisions relating to costs. Requires that all costs beginning July 1, 2012, 

associated with the statewide parking program for persons with disabilities to be 

appropriated from the accessible parking special account established with disability and 

communication board. -- Establishes provisions relating to accessible parking special 

account. Requires the disability and communication access board to establish and 

administer an accessible parking special account within the disability and communication 

access board special fund. Requires that moneys in the account be expended to cover 

the costs to administer the statewide parking program for persons with disabilities. -- 

Requires that from each annual motor vehicle registration fee collected 1 dollar is to be 

deposited into the accessible parking special account; provided that beginning July 1, 

2012, if the amount of the revenue collected exceeds the operating expenses of the 

disability and communication access board at the end of each fiscal year, the excess is 

to be deposited into the state highway fund. -- Amends provisions relating to state 

registration fee. Increases the annual vehicle registration fee to 26 dollars. -- HB0916 

SD1 

Current Status: May-03 11 Reconsideration of action to Disagree 

May-05 11 Re Committed to FIN 

HB0922 SD3 (FLOOR RELATING TO PUBLIC LANDS. 

AMENDMENT 6) Introduced by: Wooley J, Hanohano F 

Amends provisions relating to continuation of rights under existing homestead leases, 

certificates of occupation, right of purchase leases, and cash freehold agreements. 

Provides that the transfer or assignment by conveyance, devise, or bequest of a 999 year 

homestead lease shall be limited to any person or persons designated as a trustee of a 

land trust. -- HB0922 SD3 

Current Status: May-03 11 Reconsideration of action to Disagree 

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March 8, 2012 30


May-05 11 Re Committed to JUD 

HB0927 HD1 (HSCR 733) RELATING TO ROADWAY MATERIALS. 

Introduced by: Har S 

Amends provisions relating to construction projects, roadway materials; recycled glass 

content requirements. Allows, rather than requires, state agencies to purchase roadway 

materials with a minimum recycled glass content. -- HB0927 HD1 


Mar=10 11 Multiple Referral to PGM/ TIA/ then WAM 

HB0952 HD1 (HSCR 881) RELATING TO PUBLIC SCHOOL LANDS. 


Establishes the public school lands trust law. Creates the trust to maximize the use of 

public school lands and generate income to construct, repair, and retrofit public schools. 

Transfers the title of public school trust lands to the trust. Establishes the public school 

lands trust commission to manage the trust. Annual report to the legislature. Establishes 

the public school lands trust permanent fund which shall be administered by the director 

of finance and into which shall be deposited all proceeds from the sale of public school 

trust lands. Establishes the school facilities special fund administered by the department 

of education and into which proceeds from leases, permits, interest from sale contracts, 

and interest income generated from the trust permanent fund. Requires the fund to be 

used to construct and improve public school facilities. -- Redefines public lands to exempt 

lands under the public school lands trust. -- HB0952 HD1 


Mar=10 11 Multiple Referral to EDU/ WLH/ then WAM 

HB0972 HD1 (HSCR 543) RELATING TO GASOLINE DEALERS. 

Introduced by: Chong P 

Amends provisions relating to violation; penalties of gasoline dealers. Requires the 

attorney general to institute a civil action for recovery of a civil penalty assessed by the 

public utilities commission that is not paid within the prescribed period. -- HB0972 HD1 


Mar=10 11 Multiple Referral to CPN/ JDL/ then WAM 


Introduced by: Chong P, Yamashita K, Oshiro M, Oshiro B, Say C 

Amends provisions relating to filing and payment of taxes by electronic funds transfer by 

repealing filing. Repeals provisions which authorized the director of taxation to require 

any person required to electronically file a federal return or electronically remit any 

federal taxes to the federal government, to do the same with the State. Further 

authorizes the director to require any employer required to remit any withheld taxes to the 

federal government on a semi weekly schedule to remit the complete amount to the 

department of taxation on a semi weekly schedule. -- Amends provisions relating to 

general excise tax, transient accommodations tax, use tax, fuel tax, liquor tax, cigarette 

tax and tobacco tax, insurance tax by changing the day of payment from the 20th day to 

the last day of the calendar month. -- HB0973 HD1 



HB0978 HD2 (HSCR 901) RELATING TO HEALTH. 

Introduced by: Yamashita K, Yamane R, Keith-Agaran G 

Allows the Hawaii health system corporation to lease Kula hospital's medical clinic to the 

Community Clinic of Maui, Inc., doing business as Malama I Ke Ola Health Center for 

____ dollars per year for 10 years, with the option to renew. Provides that the clinic shall 

have received federal funds during the term of the lease and maintains its status as a 

federally qualified health center. -- HB0978 HD2 



HB0980 HD1 SD1 (SSCR 878) RELATING TO THE SMALL BUSINESS REGULATORY REVIEW BOARD. 

Introduced by: Yamashita K, Yamane R, Chong P, Hashem M, McKelvey A, Tsuji C, 

Herkes R 

Amends provisions relating to small business regulatory review board; powers. Transfers 

the board from department from the department of business, economic development, and 

tourism to the department of commerce and consumer affairs for administrative purposes 

LRB Systems 

March 8, 2012 31


only. Allows the board to be funded by the compliance resolution fund, provided that this 

provision shall not require the board to charge any fee for its service. Requires the 

department to include as part of any other fee charged to a person or organization with 

a reasonable nexus to the small business regulatory review, an amount for the activities 

of the board. -- Amends provisions relating to periodic review; evaluation report. 

Provides that each agency that is required to amend or repeal rules shall submit a list of 

these rules to be amended or repealed to the board. Requires that all rights, powers, 

functions, and duties of the department of business, economic development, and tourism 

relating to the small business regulatory review board are transferred to the department 

of commerce and consumer affairs. -- HB0980 SD1 



HB0983 HD2 SD1 (SSCR 973) RELATING TO THE HAWAII STRATEGIC DEVELOPMENT CORPORATION. 

Introduced by: McKelvey A, Yamashita K, Chong P 

Establishes provisions relating to the State private investment fund. Redefines tax 

credits to include tax on insurance premiums. Changes the amount of tax credits that 

may be transferred and the deadline for the credits to be transferred (sunset). -- HB0983 

SD1 



Choy I -- Chong P, Evans C, Marumoto B 



HB0986 HD2 SD1 (SSCR 974) RELATING TO TELEVISION AND FILM PRODUCTION. 

Introduced by: McKelvey A, Manahan J, Evans C, Souki J 

Amends provisions relating to consolidated film permit processing. Requires the 

department of business, economic development, and tourism to establish and collect a 

surcharge on each film permit it approves and issues to be deposited into the Hawaii 

television and film department special fund. -- Amends provisions relating Hawaii 

television and film development special fund. Requires that revenues collected by the 

department from film permit surcharges, from rental of the Hawaii film studio, film permit 

violation fees assessed by the department, and fees for processing tax incentive 

applications be deposited into the fund and be used to fund the department's creative 

industries division. Appropriation. ($$) -- HB0986 SD1 



HB0993 HD1 (HSCR 740) RELATING TO THE HAWAII MARINE HIGHWAY SYSTEM. 

Introduced by: Souki J 

Establishes the Hawaii marine highway system law. Requires the department of 

transportation to develop a comprehensive long range plan for the development and 

improvement of the system. Report to the legislature. -- Requires the department to 

construct, purchase, or lease ferry terminal facilities in Honolulu harbor, Nawiliwili harbor, 

Kahului harbor, and Kawaihae harbor. Establishes the Hawaii marine highway system 

fund administered by the department to be expended for the operation and maintenance 

of the system. -- HB0993 HD1 



HB0994 HD1 (HSCR 1-12) RELATING TO MOTOR VEHICLE INSURANCE. 


Amends provisions relating to covered loss deductible. Requires covered loss deductible 

to not include any optional coverage, or benefits paid or incurred. -- HB0994 HD1 


Mar=08 12 Multiple Referral to JDL then CPN 

HB1001 HD2 SD2 (SSCR 1173) MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, 







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March 8, 2012 32




employees for payments judgments or settlements, or other liabilities. ($$) -- HB1001 

SD2 



Oshiro M -- Thielen C 



HB1007 HD1 SD1 (SSCR 925) RELATING TO PORNOGRAPHY OFFENSES AGAINST CHILDREN. 


Establishes provisions relating to disseminating material that is pornographic for minors 

to other minors over the internet or by electronic communication. -- Provides that a 

person commits the offense of disseminating material that is pornographic for minors 

over the internet or by electronic communication if, knowing the character and content 

of the material disseminated, the person knowingly transmits the material directly to a 

specific individual who is known or believed by the person to be a minor, material that is 

pornographic. Makes it a class _____ felony. -- Amends provisions relating to promoting 

pornography for minors. A person commits the offense of promoting pornography for 

minors if the person knows its character and content and disseminates the material to a 

minor known by the person to be under the age of 18 years; or who the person believes 

to be under the date of 18 years. -- Amends provisions relating to felonies for which 

criminal charges may be instituted by written information by adding promoting child abuse 

in the 3rd degree. -- HB1007 SD1 



HB1008 HD2 SD1 (SSCR 905) RELATING TO THE POWER OF ARREST. 


Amends provisions relating to officer of US Customs and Border Protection Service or 

Citizenship and Immigration Service; arrest powers. Includes US Immigration and 

Custom Enforcement and Federal Bureau of Investigation. Also allows special agent in 

charge of the Honolulu Division of the Federal Bureau of Investigation; the special agent 

in charge of the Honolulu Guam Commonwealth of the Northern Marianas Division of 

Immigration and Customs Enforcement; or the port director of the area port of Honolulu 

of the US customs and Border Protection Service to make arrests. -- HB1008 SD1 



HB1012 HD1 SD2 (SSCR 1240) RELATING TO THE DEPARTMENT OF THE ATTORNEY GENERAL. 


Appropriation to the department of the attorney general for operating expenses relating 

to the planning and operation of security services and activities for the 2011 Asia Pacific 

Economic Cooperation Leaders Meeting in Honolulu, Hawaii. ($$) -- HB1012 SD2 


Apr-15 11 Conference Committee: House Members: Awana K, 

Aquino H, Hashem M -- Brower T, Ward G, Yamane R, 

Yamashita K 



HB1017 HD2 (HSCR 734) RELATING TO BIOFUELS. 


Amends provisions relating to definitions under the renewable energy facility siting 

process law. Redefines renewable energy to mean a new facility or distribution 

infrastructure with a capacity to produce or distribute 100,000 gallons, instead of 1 million 

gallons, or more annually. -- HB1017 HD2 


Mar=10 11 Multiple Referral to ENE then CPN 

HB1019 HD1 SD2 (SSCR 1252) RELATING TO SUSTAINABILITY. 


Amends the environmental response, energy, and food security tax. Changes the 

amount deposited into the energy security special fund and the amount deposited into 

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March 8, 2012 33


the agricultural development and food security special fund. Adds that ____ cent of the 

tax shall be deposited into a special account to be expended by the office of planning for 

the operations of the climate change task force. -- Amends Act 20, special session laws 

of 2009, relating to the climate change task force by extending the date that the task 

force would cease to exist to June 30, 2013 (sunset). Appropriation out of any portion 

of the environmental response, energy, and food security tax collected and allocated to 

the climate change task force. ($$) -- HB1019 SD2 



M, Nishihara C, Ige D -- none 

HB1033 HD1 (HSCR 728-12) RELATING TO PUBLIC FINANCE. 


Establishes the clean economy bank of the State of Hawaii law. Establishes the bank 

to enable the State to leverage aligned resources and collective influence to build a 

national clean economy that creates jobs, reduces carbon emissions, and ensures the 

US energy security; to increase access to capital for local governments, businesses, and 

non profits in partnership with local financial institutions; to lessen the burden on the 

State and other participating states, territories, and municipalities of financing qualified 

renewable energy, renewable energy transmission, energy efficiency, distributed 

generation, and oil saving projects and technologies; 0 or low carbon transportation; 

clean energy manufacturing; municipal water efficiency; municipal waste efficiency; job 

training for energy efficiency projects; evaluate and coordinate financing for qualifying 

clean economy projects; provide loans, loan guarantees, debt securitization, insurance, 

portfolio insurance, and other forms of financing support or risk management to qualified 

clean economy projects; facilitate efficient tax equity markets for qualified clean economy 

projects; facilitate the financing of long term clean energy purchasing by governmental 

and nongovernmental not for profit entities; develop and foster the consistent application 

of transparent underwriting standards, standard contractual terms, and measurement and 

verification protocols for qualifying clean economy projects; compile performance data 

that enables effective underwriting, risk management, and pro forma modeling of financial 

performance of qualifying clean economy projects to support primary financing markets 

and stimulate development of secondary investment markets for clean economy projects; 

and foster within the State the level of financing support for qualifying clean economy 

projects necessary to advance vital national and state objectives. Establishes the board 

of the clean economy bank of the State of Hawaii chaired by the governor to operate, 

manage, and control the bank. Establishes an advisory board. Establishes a Hawaii 1st 

fund to support clean economy projects businesses and farms located in the State and 

Hawaii based businesses that seek financing for clean economy projects elsewhere in 

the US. -- HB1033 HD1 



HB1041 HD2 SD2 (SSCR 1246) RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. 


Amends provisions relating to health benefits plan supplemental to medicare. Provides 

that medicare part B shall not apply for employee beneficiaries and their spouses hired 

after June 30, 2011. -- HB1041 SD2 



Oshiro M -- Fontaine G, Yamashita K 



HB1043 HD1 (HSCR 727) RELATING TO THE HAWAII HURRICANE RELIEF FUND. 


Appropriation out of the Hawaii hurricane relief fund to the department of commerce and 

consumer affairs for deposit into the general fund to balance the State's budget and 

maintain the levels of programs determined to be essential for education, public health, 

and public welfare. ($$) -- HB1043 HD1 



HB1051 HD2 (HSCR 916) RELATING TO INSURANCE. 


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March 8, 2012 34


Establishes provisions relating to life insurance and annuities. Prohibits an insurance 

producer to solicit the sale of an annuity product unless the insurance producer has 

adequate knowledge of the product to recommend the annuity and the insurance 

producer is in compliance with the insurer's standards for product training. Prohibits an 

insurer to issue an annuity that has been recommended to a consumer unless the insurer 

has a reasonable basis to believe the annuity is suitable for the particular consumer 

based on the consumer's suitability information. Requires an insurance producer or a 

representative of the insurer, where no insurance producer is involved at the time of sale 

to make a record of any recommendation; obtain a signed statement from the consumer 

documenting the customer's refusal to provide suitability information and obtain a signed 

statement from the consumer acknowledging that an annuity transaction is not 

recommended if a consumer decides to enter into an annuity transaction that is not 

based on the insurance producer's or insurer's recommendation. Requires an insurer to 

establish and maintain a supervision system that is reasonable designed to achieve the 

insurer's and its insurance producers' compliance. Changes provisions relating to 

mitigation of responsibility to compliance mitigation and penalties. Provides that if a 

violation occurs, either because of the action or inaction of the insurer or its insurance 

producer allows the commissioner to order a business entity, general agency, 

independent agency, or the insurance producer to take reasonably appropriate corrective 

action for any consumer harmed by the insurance or order appropriate penalties and 

sanctions. Establishes provisions relating to use of senior specific designations and 

professional designations. Prohibits the use of senior specific certifications or 

professional designation by a insurance producer. -- HB1051 HD2 





Amends provisions relating to the committee on weights. Requires the committee to 

meet at least biennially, every odd numbered year, instead of annually and for the 

committee to adopt a weighted school formula biennially. -- HB1054 HD1 





Amends provisions relating to performance standards. Repeals the requirement that the 

department of education establish procedures and guidelines for its statewide 

assessment program to include norm testing in the same grades as required by the 

Federal No Child Left Behind Act of 2001, standards based assessment in reading and 

math, using the most appropriate nationally normed test. -- HB1055 HD1 



HB1058 HD1 (HSCR 758) RELATING TO CAPITAL INVESTMENTS. 


Amends provisions relating to definitions for the executive budget. Redefines capital 

investment costs to mean costs, including all agency or contracted labor costs, hardware, 

software, and licenses allocated to the development, installation, monitoring, and 

replacement of agency wide technology or computer systems with an estimated useful 

life of greater than 7 years. Redefines cost element to include agency wide technology 

or computer systems with an estimated useful life of greater than 7 years. Redefines 

phases of capital improvement project for technology or computer systems to mean 

planning, acquisition, testing, implementation and monitoring. Amends provisions 

relating to the 6 year program and financial plan. Requires that the details of each capital 

improvement project include a schedule for planning, acquisition, testing, implementation 

and monitoring. -- HB1058 HD1 



HB1063 HD1 SD1 (SSCR 1177) RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED. 


Amends provisions relating to the Hawaiian homes commission act of 1920. Changes 

the amount the department of Hawaiian home lands can secure, pledge, or otherwise 

guarantee the repayment of moneys borrowed by the department from government 

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March 8, 2012 35


agencies or private lending institutions from 50 million dollars to ____ dollars. -- HB1063 

SD1 



F, Oshiro M -- Lee C, Mizuno J, Ward G 

Apr=19 11 Conference Committee: Senate Members: Galuteria 

B, Kidani M, Kahele G -- Slom S 

HB1064 HD2 (HSCR 699) RELATING TO CHILD PROTECTIVE ACT COURT PROCEEDINGS. 


Amends provisions relating to the child protective act. Requires that if the court finds that 

the child's physical or psychological health or welfare has been harmed or is subject to 

threatened harm by the acts or omissions of the child's family, it determines whether 

aggravated circumstances are present to terminate parental rights unless the department 

of human services has documented in the safe family home factors or other written report 

submitted to the court a compelling reason why it is not in the best interest of the child 

to file a motion to terminate parental rights. -- Amends periodic review hearing. Requires 

the court to conduct periodic review hearings at intervals of no longer than 6 months until 

the court's jurisdiction is terminated unless the child is in the permanent custody of the 

department or an authorized agency. Provides that the child be placed in foster custody 

if the court finds that the child's remaining in the family home is contrary to the welfare 

of the child and the child's parents are not willing and able to provide a safe family home 

for the child, even with the assistance of a service plan; the child be placed in family 

supervision if the court finds that the child's parents are willing and able to provide the 

child with a safe family home with the assistance of a service plan; or terminate 

jurisdiction if the court finds that the child's parents are willing and able to provide the 

child with a safe family home without the assistance of a service plan. -- HB1064 HD2 



HB1065 HD1 (HSCR 921) MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HUMAN 

SERVICES FOR HEALTH CARE PAYMENTS. 


Appropriation to the department of human services for the health care payments program 

(HMS 401). Appropriation out of federal Medicaid funds as a federal match. ($$) -- 

HB1065 HD1 



HB1066 HD1 (HSCR 922) MAKING EMERGENCY APPROPRIATIONS FOR THE DEPARTMENT OF HUMAN 

SERVICES. 


Appropriation to the department of human services for cash support for families self 

sufficiency (HMS 211) and for general support for self sufficiency services (HMS 903). 

($$) -- HB1066 HD1 



HB1083 HD1 (HSCR 843) RELATING TO IMPOUNDED VESSELS. 


Amends provisions relating to mooring of unauthorized vessel in state small boat harbors 

and offshore mooring areas; impoundment and disposal proceedings. Requires the 

owner of the vessel to be solely responsible for all costs of the impoundment and the 

disposal of the vessel. Requires all proceeds resulting from the impoundment of the 

unauthorized vessel to be used 1st to pay the costs of impoundment and disposal then 

any mooring fees due. Provides that if the proceeds resulting from the impoundment are 

inadequate to pay for all costs and mooring fees due, the owner of the vessel is to remain 

liable for the outstanding costs and mooring fees. -- HB1083 HD1 



HB1090 HD1 (HSCR 892) RELATING TO CHAPTER 243, HAWAII REVISED STATUTES. 


Amends provisions relating to fuel tax. Changes statement to return. Provides that 

returns shall be public records. -- HB1090 HD1 

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March 8, 2012 36




HB1091 HD1 (HSCR 658) RELATING TO USE TAX. 


Amends provisions relating to application of tax under the use tax law. Repeals 

provisions which provides that exemptions or exclusion allowed before April 1, 1978, 

under the Constitution of the US or an act of Congress to persons or common carriers 

engaged in interstate or foreign commerce, whether ocean going or air shall continue. 

-- HB1091 HD1 



HB1092 HD1 SD3 (FLOOR RELATING TO TAXATION. 

AMENDMENT 5) Introduced by: Say C (BR) 

Establishes income tax on pension income. Amends income tax deduction under 164 

(a)(3) and 164 (b) (5) to not be operative for corporate taxpayers and operative for 

individual taxpayers with a specified income. -- HB1092 SD3 





Chong P, Choy I, Lee M 

HB1095 HD2 (HSCR 646) RELATING TO MOPEDS. 


Amends provisions relating to driving of mopeds. Prohibits any driver of a 3 wheeled 

moped to carry as a passenger or to permit to ride thereon any person under the age of 

12 years old. -- HB1095 HD2 


Mar=10 11 Multiple Referral to TIA then JDL 

HB1096 HD1 (HSCR 647) RELATING TO MOPED INSTRUCTION PERMITS. 


Amends provisions relating to instruction permits. Prohibits a holder of a temporary 

instruction permit to operate a moped during hours of darkness or carry any passengers. 

-- HB1096 HD1 



HB1097 HD1 (HSCR 742) RELATING TO RENTAL MOTOR VEHICLE SURCHARGE TAX. 



Repeals the sunset of the 3 dollar a day rate. Appropriation out of state highway fund to 

the department of transportation for the operations and maintenance of the state 

highways program. ($$) -- HB1097 HD1 


Mar=16 11 Multiple Re referral to TIA/ CPN/ then WAM 

HB1098 HD1 (HSCR 648) RELATING TO MOTOR VEHICLE REGISTRATION. 


Amends provisions relating to highway safety. Allows the county director of finance to 

register a motorcycle with an aftermarket motorcycle frame, using the number of the 

frame as issued by the manufacturer of the frame, the vehicle identification number on 

the certification label, or a vehicle identification number assigned by the director of 

finance. -- HB1098 HD1 


Mar=10 11 Multiple Referral to TIA then CPN 

HB1100 HD1 (HSCR 741) RELATING TO PASSENGER FACILITY CHARGES. 


Amends provisions relating to operation and use privileges under aeronautics. Allows 

the departments of transportation to assess passenger facility charges for each overseas 

or international passenger who uses a state airport. Prohibits passenger charge to be 

assessed on flight segments between 2 or more airports within the State. -- HB1100 HD1 

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March 8, 2012 37



Mar=10 11 Multiple Referral to TIA then WAM 

HB1101 HD2 (HSCR 737) RELATING TO MOTOR VEHICLE REGISTRATION. 


Amends provisions relating to the State registration fee. Increases the motor vehicle 

registration fee and the amount deposited into state highway fund. Appropriation out of 

state highway fund to the department of transportation for the operations and 

maintenance of the state highways program. ($$) -- HB1101 HD2 



HB1102 HD2 (HSCR 739) RELATING TO MOTOR VEHICLE WEIGHT TAX. 


Increases state vehicle weight taxes. Appropriation out of the state highway fund to the 

department of transportation for the operation and maintenance of the state highways 

program. ($$) -- HB1102 HD2 



HB1109 HD1 SD1 (SSCR 821) RELATING TO FAMILY LEAVE. 

Introduced by: Takai K, Cullen T, Lee C, Herkes R, Nishimoto S, Aquino H, Chong P, 

Mizuno J, Ward G, Belatti D, Pine K, Ching C, Johanson A, Riviere G, McKelvey A, 

Chang J 

Amends provisions relating to family leave. Requires that an employee be entitled to a 

total of 4 weeks of family leave during any calendar year upon the birth or adoption of a 

child of the employee; to care for a child, spouse, reciprocal beneficiary, or parent with 

a serious health condition; for any qualifying exigency arising out of the fact that the 

spouse, son, daughter, or parent is on covered active duty in the armed forces of the US 

(as defined by Title 29 code of Federal Regulations Section 825.126). -- HB1109 SD1 



HB1112 HD1 (HSCR 627) RELATING TO LICENSING. 

Introduced by: Lee C, Takai K 

Amends provisions relating to by whom solemnized. Allows a temporary license to 

solemnize marriages to be issued to, and the marriage rite to be performed and 

solemnized by any individual who has the prior written consent of both persons whose 

marriage the individual will be licensed to solemnize. Requires a person who performs 

a solemnization of marriage using a temporary license to make and preserve a record 

of every solemnization. -- HB1112 HD1 



HB1133 HD2 SD1 (SSCR 810) RELATING TO VETERINARY MEDICINE. 

Introduced by: Oshiro B 

Amends provisions relating to criminal penalties under veterinary medicine law. Provides 

that any person convicted of practicing veterinary medicine without a license and who in 

the course of that violation intentionally or knowingly performed any veterinary procedure 

on a pet animal in a cruel or inhumane manner shall have committed a class C felony. 

Amends provisions relating to cruelty to animals in the 1st degree. Exempts accepted 

veterinary practices performed by a person licensed and cropping or docking as 

customarily practiced and performed by a person licensed. -- HB1133 SD1 



HB1139 RELATING TO DISTRICT COURTS. 


Amends provisions relating to powers and venue of the district courts. Allows a 

summons or other writ issued by the district court to be served without the State in 

accordance with provisions relating to service on boat operators, acts submitting to 

jurisdiction, or manner of service. -- HB1139 



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March 8, 2012 38


HB1140 HD1 (HSCR 683) RELATING TO ARBITRATION. 


Amends provisions relating to arbitration process. Provides that if all parties in an 

arbitration are commercial entities and any of the parties fail to pay the arbitration fees 

or costs directed by an arbitrator or arbitration organization, an arbitrator may enter a 

default ruling against that party. -- HB1140 HD1 



HB1141 HD2 (HSCR 942) RELATING TO THE UNIFORM INFORMATION PRACTICES ACT. 


Establishes provisions relating to consumer complaints; consumer complaints history 

reports. Requires any agency that receives a consumer complaint and keeps a record 

of complaints to make these complaints available to the public provided that if the agency 

posts consumer complaints on the agency's website, certain requirements are to be met. 

-- HB1141 HD2 



HB1176 HD3 (HSCR 884) RELATING TO RENEWABLE ENERGY TRANSMISSION CABLE. 


Establishes provisions relating to interisland transmission system. Requires a cable 

company to be certified by the public utilities commission prior to installing a high voltage 

electric transmission cable system. Requires the commission by order, approve, 

disapprove, or approve subject to conditions the tariff of the certified cable company. 

Requires the company to make the capacity of its high voltage electric transmission cable 

system available to the electric utility company or companies. Requires the commission 

to establish a surcharge to allow recovery of the high voltage electrical transmission 

cable system costs designated for recovery according to the ratemaking principles 

determined by the commission. Allows the commission to approve an electric company's 

acquisition of a high voltage electric transmission cable system pursuant to a commission 

approved turnkey cable contract or a cable purchase contract. Allows the company to 

recover costs for the purchase of the cable. -- Provides that the surcharge shall be 

exempt from use tax and public utilities taxes. Further provides that amounts received 

as monthly surcharge by the electric company shall be excluded from income taxes. -- 

HB1176 HD3 


Mar=10 11 Multiple Referral to ENE/ CPN/ then WAM 

HB1179 HD3 SD1 (SSCR 1130) RELATING TO INVESTMENTS. 

Introduced by: Oshiro M, Chong P, Choy I 

Establishes provisions relating to the advisory committee on short term investments to 

be administratively attached to the department of budget and finance. Requires the 

advisory committee to assist and advise the director of finance on the establishment and 

operation of a short term investment pool for the purpose of investing moneys of the 

State which, in the director of finance's judgment, exceed the amounts necessary to meet 

the immediate requirement of the State. Allows the short term investment pool to be 

operated under contract with a private investment advisor approved by the director of 

finance and the advisory committee. Repeals provisions relating to short term 

investment of state moneys. -- HB1179 SD1 



Herkes R, Oshiro M -- Choy I, Marumoto B 


Espero W, Fukunaga C, Kim D, Slom S 



Establishes provisions relating to transfer of controlling interest; applicability. Provides 

that the conveyance tax shall apply to the transfer or acquisition within any 12 month 

period that result in the transfer of a controlling interest in an entity with an interest in real 

property located in this State for valuable consideration. -- Establishes provisions relating 

to taxation at the lowest rate. Provides that the conveyance tax shall be imposed at the 

lowest rate on certain transfers. -- HB1180 HD1 


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March 8, 2012 39



HB1181 HD1 (HSCR 717-12) RELATING TO GOVERNMENT. 

Introduced by: Choy I (BR) 

Establishes provisions relating to relief from retaliatory actions under the general 

provisions (counties) law. Requires any employee, contractor, or agent to be entitled to 

all relief necessary to make that employee, contractor, or agent whole, if that employee, 

contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any 

other manner discriminated against in the terms and conditions of employment, contract, 

or agency relationship because of lawful acts done by the employee, contractor, agent 

or associated others in furtherance of an action by private persons or other efforts to stop 

or address any conduct in action for false claims to the State. Prohibits a person from 

bringing an action which is based upon allegations or transactions which are the subject 

of a civil suit or an administrative civil money penalty proceeding in which the State is 

already a party. Provides that a person who knowingly makes, uses, or causes to be 

made or used, a false record or statement material to an obligation to pay or transmit 

money or property to the county, or knowingly conceals, or knowingly and improperly 

avoids or decreases an obligation to pay or transmit money or property to the county is 

liable to the State for a civil penalty. Increases civil penalties. -- Amends provisions 

relating to action for false claims to the counties, qui tam actions. -- Establishes 

provisions relating to relief from retaliatory actions under the actions by and against the 

state law. Requires any employee, contractor, or agent to be entitled to all relief 

necessary to make that employee, contractor, or agent whole, if that employee, 

contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any 

other manner discriminated against in the terms and conditions of employment, contract, 

or agency relationship because of lawful acts done by the employee, contractor, agent 

or associated others in furtherance of an action by private persons or other efforts to stop 

or address any conduct in action for false claims to the State. Provides that a person 

who knowingly makes, uses, or causes to be made or used, a false record or statement 

material to an obligation to pay or transmit money or property to the State, or knowingly 

conceals, or knowingly and improperly avoids or decreases an obligation to pay or 

transmit money or property to the State is liable to the State for a civil penalty. 

Establishes civil penalties. -- Prohibits a person from bringing an action which is based 

upon allegations or transactions which are the subject of a civil suit or an administrative 

civil money penalty proceeding in which the State is already a party. -- HB1181 HD1 


Mar=08 12 Multiple Referral to PGM/ JDL/ then WAM 

HB1183 HD2 SD1 (SSCR 978) RELATING TO THE GENERAL EXCISE TAX. 


Establishes tax on wholesalers, service businesses, and contractors, tax on import of 

goods and services and contracting for resale, and insurance producer's tax. -- 

Establishes a committee to work with and oversee the department of taxation's 

implementation, administration, and compliance of the Streamlined Sales and Use tax 

Agreement. Requires the legislative reference bureau to assist the department or 

contractor in drafting appropriate legislation. -- HB1183 SD1 



Oshiro M -- Chong P, Choy I, Marumoto B 


C, Ige D -- Chun Oakland S 

HB1201 HD1 (HSCR 190) RELATING TO THE HAWAII HEALTH BENEFIT EXCHANGE. 

Introduced by: Yamane R, Oshiro B, Herkes R 

Establishes the Hawaii health benefit exchange law. Establishes the Hawaii health 

benefit exchange as a nonprofit organization to facilitate the purchase and sale of 

qualified health plans. Establishes a board of directors to govern the exchange. Annual 

report to the legislature. Allows the board to establish fees to offset administrative costs. 

-- Requires the board to work with the state health insurance exchange task force 

established in the department of commerce and consumer affairs to comply with Federal 

domestic Assistance grant to develop policies and proposed legislation to implement the 

duties and responsibilities of the Hawaii health benefit exchange in compliance with the 

Patient Protection and Affordable Care Act. Report to the legislature. -- HB1201 HD1 


Mar=10 11 Multiple Referral to CPN/ HTH/ then WAM 

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March 8, 2012 40


HB1203 HD2 SD1 (SSCR 962) RELATING TO PHYSICIAN WORKFORCE ASSESSMENT. 


Amends provisions relating to the John A. Burns school of medicine special fund. 

Repeals that provides that expenditures from the special fund to be limited to no more 

than 150,000 dollars. Amends provisions relating to physician workforce assessment 

fee; license; physician workforce information. Provides that funds to support ongoing 

assessment and planning of the physician workforce in Hawaii in collaboration with 

residency programs in this State and the Hawaii medical board to address adequate 

reimbursement to physicians by private and government payors; the portability and 

reciprocity of physician licenses between and among state jurisdictions; enhancing the 

use of telemedicine with exploration of responsible regulatory oversight; continuing 

medical education requirements; advancing the medical home model; and implementing 

communications technologies to inform physicians of development impacting the practice 

of medicine including new regulatory requirements, federal health care reform, and 

improved quality of care issues. Requires the john A. Burns school of medicine to 

annually report to the legislature. Amends Act 18, special session laws of 2009, 

establishing the special fund, by repealing the sunset date. -- HB1203 SD1 



Lee M -- Ching C, Morikawa D 

HB1221 HD1 SD2 (SSCR 1257) RELATING TO INTOXICATING LIQUOR. 

Introduced by: Takai K, Riviere G 

Amends provisions relating to prohibitions under intoxicating liquor law. Provides that the 

consumption of liquor by a minor is not deemed to be a violation if a licensee who serves 

alcohol in a large public facility receives the appropriate county liquor commission's 

approval of the licensee's security plans for preventing minors from consuming alcohol 

on the licensed premises, and the licensee implements that plan in good faith. -- HB1221 

SD2 



Keith-Agaran G, McKelvey A -- Ito K, Takai K, Thielen C 


Baker R, Hee C -- Slom S 

HB1239 HD1 (HSCR 736) RELATING TO FERRIES. 

Introduced by: Souki J, Ichiyama L, Chang J, Yamashita K, Har S, McKelvey A, Ito K 

Establishes the Hawaii State ferry system law. Establishes the Hawaii state ferry system 

authority to engage in communication with the US Department of Transportation and US 

Maritime Administration relating to federal funding assistance and the possible purchase 

or lease of the former Hawaii super ferry vessels Alakai and Huakai or other available 

suitable vessels to commence its operations. Establishes the Hawaii State ferry system 

special fund to receive fees, charges and appropriations to fund the system. -- Repeals 

the ferries law. Appropriation. ($$) -- HB1239 HD1 



HB1240 HD2 (HSCR 893) RELATING TO MOTOR VEHICLE RENTAL. 

Introduced by: Souki J, Ichiyama L 

Amends provisions relating to license and registration fees under the motor vehicle rental 

industry law. Allows a lessor to visibly pass on to a lessee the vehicle license and 

registration fee and weight taxes calculated either by prorating the annual license and 

registration fees and weight taxes at 1 / 365th of the annual amount actually paid on the 

particular vehicle being rented and adding the prorated amount to each full or partial 24 

hour rental day that the vehicle is rented; provided that the total of all vehicle license and 

registration fees and weight taxes charged to all lessees of a single vehicle shall not 

exceed the annual vehicle license and registration fee and weight taxes actually paid for 

the particular vehicle rented or for lessors whose primary business is renting motor 

vehicles to consumers under contracts for a period of 90 days or less, by calculating a 

good faith estimate of the daily rate required by the lessor to recover the actual total cost 

of annual licensing, registration, and inspection fees and weight taxes and adding the 

amount to each full or partial 24 hour day that the vehicle is rented. -- HB1240 HD2 


Mar=10 11 Multiple Referral to TIA then CPN 

LRB Systems 

March 8, 2012 41


HB1243 HD2 SD1 (SSCR 921) RELATING TO REPACKAGED DRUGS AND COMPOUND MEDICATIONS. 

Introduced by: Souki J 

Amends provisions relating to medical care, services and supplies under workers 

compensation law to include drugs. Requires that the reimbursement amounts for drugs, 

supplies, and material to be priced in accordance with the medical fees schedule adopted 

by the director of health or a lower amount for which the carrier contracts. Requires an 

employer, insurer, or the special compensation fund to reimburse the medical services 

provider for all allowable charges within 60 days of receipt of the bill. -- HB1243 SD1 



HB1244 HD1 (HSCR 634) RELATING TO SOLEMNIZATION. 

Introduced by: Souki J (BR) 

Amends provisions relating to solemnization; license to perform; refusal to join persons 

in a civil union. Provides that no religious institution or organization is to be required to 

provide services relating to a solemnization or celebration is in violation of its religious 

beliefs or faith. Also provides that no refusal to provide services that is made in 

accordance with this law is to give rise to any civil action or cause of action. -- HB1244 

HD1 



HB1248 HD1 SD1 (SSCR 1141) RELATING TO AGRICULTURAL LOANS. 


Amends provisions relating to agricultural loans. Redefines new farmer program to mean 

a new farm enterprise for qualified new farmers who by reason of ability, experience, and 

training are likely to successfully operate a farm and who otherwise meet the eligibility 

requirements. Provides that loans require 2 credit denials except for the new farmer 

program which requires 1 credit denial. Requires that the interest on class F loans be 

at a rate of 1 1/2 per cent below the prime rate or at a rate of 6 per cent a year, whichever 

is less. Requires that loans for the new farmer program provide for costs of a new farm 

enterprise for qualified new farmers in an amount not to exceed 250,000 dollars, instead 

of 100,000 dollars. Appropriation to the agricultural loan revolving fund and out of the 

fund. ($$) -- HB1248 SD1 



Hashem M -- Chong P, Nakashima M, Riviere G 


C, Kidani M, Kouchi R -- Slom S 

HB1252 HD1 (HSCR 659) RELATING TO GOVERNMENT FACILITIES. 

Introduced by: Saiki S, Belatti D, Nishimoto S, Brower T 

Amends provisions relating to the public works project assessment fund. Requires that 

the assessments are to be ____ per cent of all state fund appropriations for capital 

improvements designated for the construction cost element; provided that assessment 

moneys are to apply only to capital improvement appropriations that are designated for 

the construction or renovation of state buildings. -- HB1252 HD1 



HB1267 HD1 (HSCR 674) RELATING TO HEALTH CARE. 

Introduced by: Chong P, Yamashita K, Tsuji C, Oshiro B, Chang J, Herkes R, Say C, 

McKelvey A 

Amends provisions relating to the Hawaii tobacco settlement special fund. Requires 15 

per cent to be appropriated into the emergency and budget reserve fund and 6 and 1/2 

per cent to be appropriated into the Hawaii tobacco prevention and control trust fund for 

fiscal years 2012 and 2013, to be deposited into the general fund. Appropriation out of 

the Hawaii tobacco settlement special fund to the department of human services for costs 

associated with Medicaid programs; to the Hawaii health systems corporation for costs 

associated with comprehensive health care services; the department of human services 

for a new eligibility system, to implement the electronic health records program and for 

the preschool open doors program; the judiciary for all purchase of service contracts for 

court substance abuse programs and the HOPE (Hawaii's opportunity probation with 

enforcement) probation program; the department of health to match the federal 

disproportionate share hospital allowance allocated to the State; the department of 

LRB Systems 

March 8, 2012 42


human services to provide additional funding for the kupuna care program in addition to 

the base budget of the executive office on aging. -- HB1267 HD1 



HB1268 HD1 (HSCR 784) RELATING TO HEALTH INSURANCE. 

Introduced by: Chong P, Yamane R, Tsuji C, Oshiro B, Yamashita K, Awana K, Herkes 

R, Lee M, Mizuno J 

Amends provisions relating to health benefits plan; carriers. Requires the board of 

trustees of the public employees' health fund to enter into contracts with carriers that 

provide or administer prescription drug benefits together with medical benefits. -- HB1268 

HD1 




Introduced by: Chong P, Yamashita K 

Requires persons claiming certain tax credits, exclusions, or exemptions to complete and 

file an annual statistical report on electronic forms prepared and prescribed by the 

department of taxation with the director of taxation through the department's website. 

Requires the report to include the amount of tax credit claimed; number of jobs created 

based on the tax credit; job quality standards provided by the taxpayer; amount of tax 

credit recaptured, if any; and conformance by the taxpayer with the purpose of the tax 

credit, exclusion, or exemption. Establishes penalties. -- Requires the department to use 

the information to prepare summary descriptive statistics by category and study the 

effectiveness of each tax credit, exclusion, and exemption. Report to the legislature. -- 

HB1270 SD1 





Espero W, Fukunaga C 

HB1277 HD2 SD2 (SSCR 1142) MAKING AN APPROPRIATION FOR THE STATEWIDE AGRICULTURE WATER 

DEVELOPMENT STUDY. 

Introduced by: Hashem M, Tsuji C, Awana K, McKelvey A, Marumoto B 


of agriculture to complete the statewide agriculture water use and development study. 

($$) -- HB1277 SD2 



Chang J, Hashem M -- Kawakami D, Riviere G, Tokioka J 


C, Kidani M, Kouchi R -- Slom S, Solomon M 

HB1295 HD3 (HSCR 693-12) RELATING TO BUSINESS. 


Establishes provisions relating to unlicensed contracting offenses. Provides that a 

person commits the offense of unlicensed contracting activity if the person engages in 

any activity that requires a contractor's license and is not a licensed contractor when 

engaging in the activity, or uses any word, title, or representation to induce the false 

belief that the person is licensed to engage in contracting activity. Makes it a 

misdemeanor. -- Provides that a person commits the offense of habitual unlicensed 

contracting activity if the person is has had 2 or more convictions within 10 years, 

preceding the time of the conduct for which the person is charged, for unlicensed 

contracting activity, and engages in any activity for which a contractor's license is 

required and is not licensed as a contractor when engaging in the activity, or uses any 

word, title, or representation to induce the false belief that the person is licensed to 

engage in contracting activity. Makes it a class C felony. -- Provides that a person 

commits the offense of unlicensed contractor fraud if the person engages in any activity 

that requires a contractor's license and is not licensed as a contractor when the person 

engages in the activity, and with intent to fraud, engages in an act, practice, or course of 

business that operates or would operate as a fraud or deceit upon another person. 

Makes it a class A, B, or C felony depending on value paid or lost. -- HB1295 HD3 


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March 8, 2012 43


Mar=08 12 Multiple Referral to JDL/ CPN/ then WAM 



Amends provisions relating to electronic filing of tax returns. Requires the department 

of taxation to establish a system to allow taxpayers to file tax returns, applications, 

reports, and other documents, electronically, telephonically, or by optical means at no 

additional cost to the taxpayer. -- Amends provisions relating to filing and payment of 

taxes by electronic funds transfer. Allows the director of taxation to require a taxpayer 

with a tax liability over ____ dollars to remit taxes by electronic funds transfer approved 

by the department or through the State's internet portal. -- Repeals Act 22, session laws 

of 2010. -- HB1300 SD2 



Choy I -- Chong P, Evans C, Jordan J, Marumoto B 



HB1303 HD2 SD1 (SSCR 847) RELATING TO PUBLIC HOUSING. 

Introduced by: Cabanilla R, Tsuji C, Manahan J, Souki J, Chong P, Mizuno J, Chang 

J, Evans C, Yamashita K, Brower T, Pine K, Hanohano F, Lee C, McKelvey A, Ito K, 

Johanson A, Takai K 

Establishes provisions relating to community facilities; fees. Allows the Hawaii public 

housing authority to charge a community facilities maintenance fee of at least 1 per cent 

of the community facilities expenses for the rental and use of common areas for private 

functions. Requires the authority to notify all tenants in writing of any increase in the 

community facilities maintenance fee at least 30 days prior to an increase. Amends 

provisions relating to housing; tenant selection. Requires veterans with a permanent 

disability of 10 per cent or more as certified by the US Department of Veterans Affairs, 

the dependent parents of the veteran, and the deceased veteran's widow to be given 1st 

preference. -- HB1303 SD1 



HB1306 HD2 (HSCR 789) RELATING TO HOUSING. 


Amends provisions relating to housing; county powers. Repeals the provision that county 

projects be granted an exemption from general excise taxes or receipts taxes. -- Amends 

provisions relating to exemption from general excise taxes. Requires all claims be filed 

with the Hawaii housing finance and development corporation and reviewed by the 

department of taxation prior to any initial or renewal certification, provided that renewal 

certification shall be obtained every 4 years and each certification may be audited by the 

auditor as directed by the legislature. Provides that all funds collected from claims that 

do not meet the requirements for an exemption be deposited into the rental housing trust 

fund. Requires the department to maintain an annual and cumulative record of all tax 

exemptions claimed. Requires the corporation to submit an annual report to the 

legislature. -- HB1306 HD2 


Mar=10 11 Multiple Referral to PGM/ WLH/ then WAM 


Introduced by: Har S, Ito K, Chang J, Tokioka J, Oshiro B, Manahan J, Hashem M, 

Ichiyama L, Tsuji C, Yamashita K, McKelvey A, Yamane R, Mizuno J, Cullen T, Awana 

K, Aquino H 

Provides an ohana residential housing income tax credit for a taxpayer who signs a 

binding contract to purchase a newly constructed principal residence on or after April 1, 

2011, and before January 1, 2013 (sunset). -- HB1307 SD1 



Choy I -- Cabanilla R, Chong P, Evans C, Har S, Marumoto B 



HB1308 HD2 SD2 (SSCR 1234) RELATING TO DIGITAL MEDIA. 

Introduced by: Har S, Ito K, Chang J, Tokioka J, Cullen T, Awana K, Aquino H, Oshiro 

LRB Systems 

March 8, 2012 44


B, Manahan J, Ichiyama L, McKelvey A, Yamane R, Hashem M, Mizuno J, Tsuji C 


income tax credit by adding special or visual effects and animation, and media 

infrastructure project. Changes the credit for production costs and provides a credit for 

special or visual effects and animation production costs. Provides credits for qualified 

costs incurred for media infrastructure projects from July 1, 2011, ending January 1, 2016 

(sunset) of ____ per cent for projects in a county with a population of over 700,000 and 

____ per cent in a county with a population of 700,000 or less. Provides a local crew 

training program rebate of ____ per cent of the hourly wages of each resident participant 

in a qualified persons crew training program. -- HB1308 SD2 



C, Tokuda J, Ige D -- Kouchi R, Slom S 


Nishimoto S, Choy I -- Carroll M, Chong P, Har S, Hashem M, 

Marumoto B, Ward G, Yamashita K 

HB1312 HD2 SD2 (SSCR 1204) RELATING TO SMALL BOAT HARBORS. 

Introduced by: Ito K, Har S, Yamashita K, Awana K, Ichiyama L 

Establishes provisions relating to Ala Wai boat harbor; leases. Establishes provisions 

for the lease of the fast lands or submerged lands of the Ala Wai boat harbor issued 

pursuant to a request for proposals. Requires that all revenues from the lease are to be 

deposited in the boating special fund. -- Amends provisions relating to disposition of state 

boating facility properties. Allows the board of land and natural resources to lease fast 

lands and submerged lands within an existing state boating facility by public auction, a 

request for proposals, or by direct negotiation. -- HB1312 SD2 



Har S -- Ito K, Riviere G, Tokioka J 


D, Solomon M, Ige D -- Kouchi R, Slom S 

HB1319 HD1 (HSCR 660) RELATING TO THE PROGRESSIVE TAX REFORM TASK FORCE. 


Establishes a progressive tax reform task force within the department of taxation to 

identify the steps needed to reform Hawaii's tax laws; and become a resource to assist 

the director of taxation in creating a consistent, fair, and uniform tax structure in Hawaii. 

Report to the legislature. Task force to cease to exist on June 30, 2012 (sunset). -- 

HB1319 HD1 



HB1322 HD2 SD2 (SSCR 1167) RELATING TO CERTAIN FUNDS OF THE UNIVERSITY OF HAWAII. 

Introduced by: Nishimoto S 

Amends the child care programs revolving fund, the discoveries and inventions revolving 

fund, the university of Hawaii alumni revolving fund, university of Hawaii at Manoa 

intercollegiate athletics revolving fund and the university of Hawaii at Hilo intercollegiate 

athletics revolving fund, animal research farm, Waialee, Oahu revolving fund, and 

university of Hawaii Hilo theatre revolving fund to special funds. Repeals the western 

governors university special fund, university of Hawaii housing assistance revolving fund, 

conference center revolving fund, international exchange healthcare tourism revolving 

fund, community college and university of Hawaii at Hilo bookstore revolving fund, the 

Senator Hiram L. Fong scholarship program endowment trust, and the Senator Oren E. 

Long scholarship program endowment trust. Provides that the balance in the conference 

center revolving fund shall be transferred to the university of Hawaii commercial 

enterprises special fund. Requires all fund balances remaining in the university of Hawaii 

housing assistance revolving fund to be transferred to the credit of the Manoa faculty 

housing program under the university of Hawaii auxiliary enterprises special fund. -- 

HB1322 SD2 



S, Tokioka J -- Chong P, Johanson A 


Ige D -- Taniguchi B 

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March 8, 2012 45


HB1323 HD1 (HSCR 359) RELATING TO THE WESTERN INTERSTATE COMMISSION FOR HIGHER 

EDUCATION. 


Establishes the professional student exchange program. Allows the Hawaii western 

interstate commission for higher education to establish a repayment program policy for 

students who receive any financial support from the student exchange program. 

Establishes the professional student exchange program special fund to receive 

repayments and which shall be used to support the program's activities and enforce 

collection. Amends provisions relating to State commissioners by changing it to the 

Hawaii western interstate commission for higher education. Establishes the commission 

composed of commissioners for the State to the western interstate commission for higher 

education within the university of Hawaii. -- HB1323 HD1 



HB1326 HD2 SD1 (SSCR 992) RELATING TO THE UNIVERSITY OF HAWAII. 


Repeals and replaces benchmarks; annual budget requests; biennial reports with biennial 

reports. Requires the board of regents of the university of Hawaii to adopt strategic 

goals, outcomes, and performance indicators. Biennial reports to the legislature. -- 

HB1326 SD1 



S, Tokioka J -- Johanson A, Nakashima M, Saiki S, Wooley J 


-- Slom S, Taniguchi B 

HB1327 HD2 (HSCR 749) RELATING TO THE BOARD OF REGENTS OF THE UNIVERSITY OF HAWAII. 


Amends provisions relating to regents; appointment; tenure; qualifications; meetings. 

Requires the board of regents of the university of Hawaii to elect a chairperson and up 

to 2 vice chairpersons before July 1. -- HB1327 HD2 



HB1330 HD1 SD2 (SSCR 1249) RELATING TO THE HAWAII TOBACCO SETTLEMENT SPECIAL FUND. 


Amends provisions relating the tobacco settlement special fund. Changes the amount 

of funding to the John A. Burns school of medicine for the annual operating expenses 

incurred by the new medical school facility by ____ per cent each fiscal year starting with 

fiscal year 2012 - 2013 and changes the amount deposited to the credit of the state 

general fund by ____ per cent each fiscal year starting with fiscal year 2012 - 2013. 


relating the tobacco settlement special fund revenues to continue funding to the John A. 

Burns school of medicine by extending the sunset date to June 30, 2015. Requires the 

university of Hawaii to prepare a detailed accounting of all revenues and expenditures 

relating to the university revenue undertakings fund and moneys used for the operating 

costs of the medical facility. Annual reports to the legislature until 2015. Act to be 

repealed on June 30, 2015 (sunset). -- HB1330 SD2 



Nishimoto S, Oshiro M -- Ching C, Lee M, Nakashima M 


Green J, Ige D -- none 

HB1339 HD1 (HSCR 932) RELATING TO LIQUOR COMMISSIONS. 

Introduced by: Yamashita K 

Amends provisions relating to jurisdiction and power under the intoxicating liquor law. 

Requires the liquor commission within their county to prescribe by rule limitations on 

licensed premises regarding the expression and conduct of patrons no later than July 1, 

2012. -- HB1339 HD1 



HB1380 HD3 SD1 (SSCR 865) RELATING TO HAWAII-GROWN PRODUCE. 

LRB Systems 

March 8, 2012 46


Introduced by: Oshiro B, Tsuji C, Belatti D 

Establishes provisions relating to farm to school program. Establishes the program in 

the department of agriculture to increase procurement of locally grown fruits and 

vegetables. Allows the department of agriculture, in consultation with the department of 

health, department of accounting an general services, and the department of education 

to coordinate the identification and development of policies and procedures, assist in the 

marketing of Hawaii grown produce to schools, assist school to connect to growers and 

distributors, identify and encourage the use of existing curricula programs and publication 

to educate students, support efforts to advance other farm to school connections, and 

seek additional funding. -- Establishes a Hawaii grown produce in schools task force 

within the department of agriculture to examine the feasibility of establishing school 

gardens to grow food for consumption as part of each school's lunch program, examine 

the feasibility of establishing a Hawaii grown fresh fruit and vegetable program to be 

modeled after the US Department of Agriculture Fresh Fruit and Vegetable Program, and 

advise the department of agriculture in the creation and implementation of the farm to 

school program. Report to the legislature. -- HB1380 SD1 



HB1384 HD2 (HSCR 535) RELATING TO PRESCRIPTION MEDICATIONS. 


Requires the John A. Burns school of medicine to convene a working group comprised 

of healthcare providers, pharmacists, insurance carriers, health maintenance 

organizations (HMOs), governmental agencies, and other key stakeholders to discuss 

potential improvements to the current prior authorization process for prescription 

medications. Report to the legislature. -- HB1384 HD2 


Mar=10 11 Multiple Referral to CPN/ HTH/ then WAM 

HB1398 HD1 (HSCR 786-12) RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY. 

Introduced by: Jordan J 

Establishes provisions relating to development of property; partnership or development 

agreement. Authorizes the Hawaii public housing authority to execute a partnership or 

development agreement with a private party for any public housing project. Except as 

provided by federal law or regulation exempts the authority from expenditure of public 

money and public contracts law and the Hawaii public procurement code. Annual report 

to the legislature. -- HB1398 HD1 


Mar=08 12 Multiple Referral to HMS/ PGM/ then WAM 

HB1407 HD1 SD2 (SSCR 1258) RELATING TO ADOPTION RECORDS. 

Introduced by: Jordan J (BR) 

Amends provisions relating to secrecy of proceedings and record. Allows the natural 

parent to place a contact preference into the sealed record at any time prior to or after 

the final disposition of the petition. Provides that for all adoptions, regardless of date of 

occurrence after the adopted individual attains the age of 18 and upon submission of a 

written request for inspection by the adopted individual; provided that the family court 

shall provide the adopted individual with a copy of the contact preference filed in the 

sealed record at the time the request for inspection is submitted to the court. Further 

provides that for all adoptions, regardless of date of occurrence, if a natural parent places 

a contact preference into the sealed adoption record indicating an acceptance of 

personal contact, the effect of any previously filed affidavit requesting confidentiality is 

suspended and if a natural parent later places a contact preference into the sealed 

adoption record declining personal contact, any current affidavits requesting 

confidentiality shall be reinstated. -- HB1407 SD2 



Keith-Agaran G -- Ching C, Jordan J, Oshiro B 


Oakland S, Hee C -- Shimabukuro M, Slom S 

HB1411 HD2 SD2 (SSCR 1245) RELATING TO MORTGAGE FORECLOSURES. 

Introduced by: Say C, McKelvey A, Cabanilla R, Carroll M, Brower T, Coffman D, Oshiro 

M, Evans C, Nakashima M, Awana K, Har S, Tokioka J, Hashem M, Keith-Agaran G, 

Oshiro B, Manahan J, Yamashita K, Aquino H, Choy I, Mizuno J 

LRB Systems 

March 8, 2012 47


Allows an owner occupant of a residential property that is being foreclosed non judicially 

to convert the action to a judicial foreclosure under specified conditions. -- Establishes 

provisions relating to unlicensed foreclosure actions voided. Voids action taken in 

connection with a mortgage foreclosure by a person who engages in the business of 

mortgage servicing without a license. -- Prohibits a person to be engaged in the business 

of mortgage servicing unless the person providing services has a physical presence in 

the State. Requires a yearly renewal statement. Increases penalties. -- Establishes 

provisions relating to mandatory foreclosure dispute resolution. Allows the foreclosing 

mortgagee, at the election of the mortgagor, to participate in dispute resolution in an 

attempt to avoid foreclosure or to mitigate damages if foreclosure is unavoidable. 

Requires all foreclosure proceedings to be stayed effective upon the center for alternative 

dispute resolution's receipt of notice of election to pursue dispute resolution pending the 

outcome of the dispute resolution process. Allows the center for alternative dispute 

resolution to charge a fee not to exceed ____ dollars. Allows the chief justice of the 

supreme court to adopt rules. Establishes the foreclosure dispute resolution special fund 

to be administered by the supreme court to implement the mandatory dispute resolution 

in foreclosure proceedings. Repealed on June 30, 2016 (sunset). -- Requires the center 

for dispute resolution to report to the legislature annually until 2016. Appropriation to the 

fund. Places a 3 month moratorium on foreclosure actions for property. ($$) -- HB1411 

SD2 



Keith-Agaran G, Oshiro M -- Cabanilla R, Ito K, Marumoto B, 

McKelvey A 


Ige D -- Taniguchi B 

HB1431 HD1 SD1 (SSCR 834) RELATING TO COVENANTS. 

Introduced by: Marumoto B, Hashem M, Har S, Chang J 

Amends provisions relating to regulation of certain public nuisances. Allows the council 

of any county to adopt ordinances or rules including the adoption of penalties, to enforce 

covenants that run with the land that impose standards regarding use, maintenance, 

landscaping, and setbacks. -- HB1431 SD1 



HB1435 HD2 SD1 (SSCR 929) RELATING TO HIGHWAY SAFETY. 

Introduced by: Har S, Ito K, Chang J, Tokioka J, Aquino H, Choy I, Manahan J, Hashem 

M, Ichiyama L, Souki J, McKelvey A, Yamane R, Chong P, Mizuno J, Tsuji C, Cullen T, 

Awana K, Cabanilla R, Lee M, Oshiro B, Yamashita K, Keith-Agaran G 

Establishes provisions relating to repeat intoxicated driver after December 31, 2010; 

return of motor vehicle registration and number plates. Allows repeat intoxicated drivers 

arrested after December 31, 2010, to request the return of any motor vehicle registration 

and number plates surrendered to the director. Requires the director to return the motor 

vehicle registration and number plates unless a new registration and number plates have 

been issued as a result of the approval of an application for a special motor vehicle 

registration or application for consent to transfer title and the repeat intoxicated driver 

may apply for an ignition interlock permit for employment. Repeals provisions relating 

to special series number plates, failure to surrender number plates, special motor vehicle 

registration, transferring title to, or ownership interest in, vehicle prohibited; exceptions. 

-- Requires Hawaii ignition interlock implementation task force to exist after June 30, 

2012 (sunset). -- HB1435 SD1 



HB1454 HD1 (HSCR 718-12) RELATING TO THE PETROLEUM INDUSTRY. 


Amends provisions relating to volume discounts. Requires any motor vehicle fuel 

manufacturer, distributor, refinery, or jobber that provides motor vehicle fuel volume 

discounts to any gasoline dealer, retail service station, or group of retail service stations 

to provide the same volume discounts to all other gasoline dealers, retail service stations 

and groups of retail service stations. -- Establishes provisions relating to cooperative 

purchasing authorized. Allows a gasoline dealer who operates an independent retail 

station or stations to participate in, sponsor, conduct, or administer a cooperative 

purchasing agreement for the purchase of gasoline with 1 or more gasoline dealers to 

LRB Systems 

March 8, 2012 48


acquire discounts. Such cooperative agreements are not in restraint of trade. -- HB1454 

HD1 



HB1455 HD2 (HSCR 820) RELATING TO PETROLEUM PRODUCTS. 

Introduced by: Chong P, Tokioka J, Har S, Oshiro B 

Establishes provisions relating to cooperative purchasing authorized. Allows a gasoline 

dealer who operates an independent retail station or stations to participate in, sponsor, 

conduct, or administer a cooperative purchasing agreement for the purchase of gasoline 

with 1 or more gasoline dealers to acquire discounts. Such cooperative agreements are 

not in restraint of trade. -- HB1455 HD2 



HB1456 HD1 (HSCR 819) RELATING TO THE PETROLEUM INDUSTRY. 


Amends provisions relating to a penalty under the uniform trade practices by petroleum 

industry. Requires that any person who violates be subject to an administrative fine of 

not more than 5,000 dollars for each day a person is in violation. -- HB1456 HD1 



HB1457 HD1 (HSCR 750) RELATING TO HIGHER EDUCATION. 


Establishes provisions relating to annual reports of excessive undergraduate credits; 

assessments. Requires the university to submit a report for each semester on the 

number of undergraduate students attending the university that have already completed 

the number of credits necessary to obtain their respective bachelor's degree, but have 

not yet graduated; the number of undergraduate students attending the university system 

who have not declared a major and have completed more than ____ credits; and the 

additional cost to the university directly attributable to each of those students to the 

director of finance. Requires the director to assess the university for the additional cost 

to the State, including research and other costs, that are directly attributable to 

undergraduate students who exceeded the number of credits necessary to graduate, and 

students who have not declared a major and have completed more than credits. -- 

HB1457 HD1 



HB1483 HD1 SD2 (SSCR 1143) RELATING TO THE MOLOKAI IRRIGATION SYSTEM. 

Introduced by: Carroll M, Hanohano F, Manahan J 

Requires the department of agriculture to provide water to Molokai irrigation system users 

who lease tracts of Hawaiian home lands at a reduced rate of at least ____ per cent but 

not more than ____ per cent of the standard rate. Allows the department to forgive all 

amounts owed by any Molokai homestead farmer for irrigation water that is past due. 

Appropriation for the operational costs of the irrigation system. ($$) -- HB1483 SD2 



F, Tsuji C, Chang J, Oshiro M -- Carroll M, Hashem M, Ward G 


C, Kidani M, Galuteria B, Kouchi R -- Ryan P, Slom S 

HB1486 HD1 (HSCR 654) RELATING TO SMALL BOAT HARBORS. 

Introduced by: Carroll M, Hanohano F, Wooley J, Evans C, Manahan J 

Establishes provisions relating to commercial excursions; permit conditions. Requires a 

permittee, who disembarks fare paying passengers in counties with a population of 

200,000 or less with the expectation that the passengers will visit and participate in 

recreational activity on state property adjacent to quasi public property before the 

conclusion of the excursion, to ensure that all such passengers while ashore are 

accompanied by and remain at all times during the excursion under the active 

supervision and direction of a member of the crew qualified to render aid in an 

emergency. -- HB1486 HD1 


Mar=11 11 Multiple Referral to WLH then JDL 

LRB Systems 

March 8, 2012 49


HB1511 HD2 (HSCR 836-12) RELATING TO HIGH TECHNOLOGY. 


Requires the university of Hawaii to extend the current land lease agreement with the 

high technology development corporation. -- HB1511 HD2 


Mar=08 12 Multiple Referral to EDU/ EDT/ then WAM 

HB1513 HD1 SD2 (SSCR 1171) RELATING TO THE WEED AND SEED STRATEGY. 

Introduced by: Aquino H, Cullen T, Yamane R, Pine K, Manahan J 

Establishes provisions relating to weed and seed program; established under department 

of labor and industrial relations law. Establishes the weed and seed strategy within the 

department of labor and industrial relations to reduce crime and improve the quality of 

life for residents and neighborhoods in the State. Requires the weed and seed program 

to be a collaborative effort among residents, law enforcement agencies, social service 

providers, educators, area business, and other resource agencies and support 

organizations. Report to the legislature and the governor. Appropriation. ($$) -- HB1513 

SD2 



Oshiro B, Yamashita K -- Aquino H, Cabanilla R, Cullen T, 

Fontaine G 


Kidani M -- Shimabukuro M, Slom S 

HB1517 HD1 (HSCR 644) RELATING TO THE PUBLIC UTILITIES COMMISSION. 

Introduced by: Morita H, Thielen C, Nakashima M, Coffman D, Chang J, Riviere G, Har 

S, Herkes R, Carroll M, Cabanilla R 

Amends provisions relating to general powers and duties under the public utilities 

commission law. Requires the public utilities commission to consider the need to reduce 

the State's reliance on fossil fuels through energy efficiency and increased renewable 

energy generation. -- HB1517 HD1 


Mar=11 11 Multiple Referral to ENE/ CPN/ then WAM 

HB1524 HD2 SD1 (SSCR 2289) RELATING TO AGRICULTURAL THEFT. 

Introduced by: Hashem M, Tsuji C, Choy I, McKelvey A, Awana K 

Establishes provisions relating to theft; agricultural product; sentencing. Requires person 

who is sentenced for an offense involving theft of an agricultural product or commodity 

to make payment to the property owner for the value of the stolen agricultural product 

and the cost of replanting. -- Amends provisions relating to theft in the 2nd degree. 

Provides that a person commits the offense of theft in the 2nd degree if the person 

commits theft of agricultural commodities marketed for commercial purposes and for 

which the person has failed to maintain a certificate of ownership. -- HB1524 SD1 


Feb=17 12 Referred to JDL 

HB1529 HD2 SD1 (SSCR 1134) RELATING TO PLANNING. 

Introduced by: Nakashima M, Chang J, McKelvey A, Oshiro M, Choy I, Keith-Agaran G, 

Har S 

Establishes the 1st nation government law. Provides that the State of Hawaii reaffirms 

that native Hawaiians are a unique and distinct, indigenous, native people with whom the 

State of Hawaii has a special political and legal relationship, which includes promoting 

the welfare of Native Hawaiians; the legislature possesses and hereby exercises the 

authority to enact legislation to address the conditions of Native Hawaiians; native 

Hawaiians have an inherent right to autonomy in their internal affairs, an inherent right 

of self determination and self governance; the right to reorganize a 1st nation 

government; and the right to become economically self sufficient. Requires the governor 

to establish and appoint a commission to prepare and maintain a roll of qualified Native 

Hawaiian constituents and certify that the individuals on the roll of qualified Native 

Hawaiian constituents meet the definition of a qualified Native Hawaiian. Further requires 

the commission to develop criteria for candidates to be elected to serve on the interim 

1st nation governing council; determine the structure of the council; and elect members 

to the council. Requires the governor to dissolve the commission upon the election of 

the interim council. Requires the council to represent those listed on the roll and conduct 

a referendum to determine the proposed elements of the organic governing documents 

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March 8, 2012 50


of the 1st nation government. Appropriation to the office of Hawaiian affairs. ($$) -- 

HB1529 SD1 



Hanohano F, Keith-Agaran G, Oshiro M -- Choy I, Marumoto B, 

Nakashima M 


M, Ige D, Dela Cruz D, Galuteria B -- Hee C, Slom S 

HB1543 RELATING TO THE MOTOR VEHICLE INDUSTRY LICENSING LAW. 


Amends provisions relating to procedures, protections, rights, and remedies made 

available to licensees under the motor vehicle industry licensing act. Provides that 

provisions relating to manufacturer, distributor, and dealer disputes shall apply to a 

distributor that is not a manufacturer. -- HB1543 



HB1551 HD2 (HSCR 928) RELATING TO TAX CREDITS. 

Introduced by: Brower T, Keith-Agaran G 


income tax credit by adding media infrastructure project and qualified persons crew 

training program rebate. Provides tax credits for qualified costs incurred for media 

infrastructure projects from July 1, 2011, ending January 1, 2016 (sunset) of ____ per 

cent for projects in a county with a population of over 700,000 or ____ per cent in a 

county with a population of 700,000 or less. Provides a qualified persons crew training 

program rebate of ____ per cent of the hourly wages of each resident participant in a 

qualified persons crew training program. -- HB1551 HD2 



HB1565 RELATING TO STATE REHABILITATION COUNCIL. 

Introduced by: Tokioka J, Mizuno J 

Amends provisions relating to the State rehabilitation council. Reduces the number of 

council members appointed by the governor to 15. -- HB1565 


Mar=08 11 Single Referral to HMS 

HB1570 HD2 SD1 (SSCR 832) RELATING TO AGRICULTURE. 

Introduced by: Tsuji C, Brower T, Chong P, Yamashita K, Tokioka J, Awana K 

Amends provisions relating to definitions under the livestock revitalization program. 

Redefines milk to include goats and processing into milk products. Redefines qualified 

producer to include 25 lactating milking goats. Amends provisions relating to grants. 

Prohibits a subsidy if the herd size falls 5 per cent or more below the minimum of 25 

lactating milking goats. Appropriation to the agricultural development division of the 

department of agriculture to reimburse qualified producers of milk, pork, eggs, poultry, 

and beef, for the cost of feed for beef cattle, dairy cows or goats, hogs, and poultry and 

provide for the administrative costs of the livestock revitalization program. ($$) -- HB1570 

SD1 



Hashem M -- Kawakami D, Riviere G, Yamashita K 


C, Dela Cruz D, Kidani M -- none 

HB1584 HD1 (HSCR 414) ESTABLISHING A COMMISSION TO EXPLORE OPPORTUNITIES TO FOSTER 

INTERNATIONAL RELATIONSHIPS. 

Introduced by: Awana K, Ward G, Tsuji C, McKelvey A 

Establishes the permanent ____ commission within the department of business, 

economic development, and tourism to explore opportunities to develop and foster 

international relationships and showcase Hawaii's unique culture when Hawaii serves as 

the venue for major events. Annual report to the legislature. -- HB1584 HD1 


Mar=11 11 Multiple Referral to EDT/ TIA/ TSM/ then WAM 

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March 8, 2012 51


HB1589 HD1 (HSCR 681-12) DESIGNATING FEBRUARY AS HAWAIIAN GROWN CACAO MONTH. 

Introduced by: Ching C, McKelvey A 

Establishes provisions relating to the Hawaiian grown cacao month. Requires February 

to be known and designated Hawaiian grown cacao month in Hawaii, but not be 

construed as a state holiday. -- HB1589 HD1 


Mar=08 12 Single Referral to AGL 

HB1598 HD2 (HSCR 885) RELATING TO THE CACAO INDUSTRY. 

Introduced by: Ching C, Riviere G 

Provides a general excise tax exemption for amounts received for the sale of cacao from 

a producer or processed cacao from a processor. -- Requires the department of 

agriculture to collaborate with the department of business, economic development, and 

tourism and the department of land and natural resources to determine the best locations 

for a cacao processing facility and report to the legislature. -- HB1598 HD2 



HB1603 HD1 (HSCR 751) RELATING TO THE UNIVERSITY OF HAWAII. 



relating to university of Hawaii projects and purposes. Changes the principal amount of 

revenue bonds authorized. Appropriation out of the revenue bond proceeds. Requires 

the university to report to the legislature upon issuance of additional revenue bonds. ($$) 

-- HB1603 HD1 



HB1611 HD2 (HSCR 584-12) RELATING TO THE SUNSHINE LAW. 


Amends provisions relating to permitted interactions of members. Allows 1 or more 

members of a board to attend a public gathering or community event; provided that the 

public gathering or community event does not relate to any specific matter over which the 

board is currently exercising its adjudicatory, advisory, or legislative function and the 

members do not participate in ex parte communications at the public gathering or 

community event. Also allows attendance at professional association conferences or 

professional development seminars provided the attending members provide to the 

board's presiding officer a report summarizing each conference and seminar within a 

reasonable time. Allows notification of meetings to be sent by e mail. -- HB1611 HD2 



HB1617 HD2 (HSCR 832) RELATING TO PUBLIC LANDS. 

Introduced by: Chang J, Tsuji C, Herkes R, Har S, Nakashima M, McKelvey A 

Establishes provisions relating to commercial, hotel, resort, or industrial leases; extension 

of term. Allows the board of land and natural resources to extend the term of a lease of 

public lands for commercial, hotel, resort, or industrial use upon the approval by the 

board of a development agreement proposed by the lessee, or the lessee and developer 

to make substantial improvements to the demised premises. Requires the lessee, or the 

lessee and developer to submit to the board the plans and specifications for the total 

development being proposed. Requires the board to review the specifications and 

determine whether the development is of sufficient worth and value to justify the 

extension of the lease; the estimated period of time to complete the improvements and 

expected date of completion of the improvements; and the minimum revised annual rent 

based upon the fair market value of the lands to be developed exceed a specified 

amount. Prohibits any lease extension until the board and the lessee, or the lessee and 

the developer, mutually agree to the terms and conditions of the written agreement. 

Prohibits construction to commence until the lessee, or the lessee and developer have 

filed with the board a good and sufficient bond or other financial guaranty satisfactory to 

the board. Requires extension of the lease to be based upon the substantial 

improvements made and to be no longer than 55 years. -- Requires that any extension 

of a lease granted pursuant to this law is to be effectuated, documented, and executed 

using the most current lease form and leasing practices and policies of the board. -- 

HB1617 HD2 


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March 8, 2012 52


Mar=11 11 Multiple Referral to WLH/ TSM/ then WAM 

HB1620 RELATING TO INSURANCE. 

Introduced by: Oshiro B, Herkes R 

Amends provisions relating to exemption of certain societies under fraternal benefit 

societies. Exempts any association, whether a fraternal benefit society that was 

organized before 1880; the association's membership consists of active, retired, or 

honorably discharged members of the armed forces or sea services of the US, including 

officers or enlisted members and regular or reserve members; and a principal purpose 

of the association is to provide insurance and other benefits to its members and their 

dependents or beneficiaries. -- HB1620 



HB1626 HD1 SD2 (SSCR 1242) RELATING TO FUEL TAXES. 

Introduced by: Hanohano F 

Amends provisions relating to the fuel tax. Provides that the county of Hawaii may 

expend funds for the maintenance of substandard private subdivision roads that are used 

by the public. Act to be repealed on June 30, 2016 (sunset). -- HB1626 SD2 



Ichiyama L -- Hanohano F, Tokioka J, Ward G 


Ige D -- Kahele G, Ryan P 

HB1637 HD1 (HSCR 617) RELATING TO THE STATE TREE. 

Introduced by: Lee C, Oshiro B, Mizuno J 

Amends provisions relating to state tree by changing it to state heritage tree; state native 

tree. Designates the kukui tree (Aleurites moluccana) as the official heritage tree of the 

state. Designates the ohia lehua (Metrosideros polymorpha) as the official native tree 

of the state. -- HB1637 HD1 


Mar=11 11 Single Referral to WLH/ HWN/ 

HB1642 HD2 SD1 (SSCR 976) RELATING TO HIGH TECHNOLOGY. 

Introduced by: Yamashita K, Chong P, Carroll M, Aquino H, Nakashima M, Brower T, 

Awana K, McKelvey A, Tsuji C, Evans C, Mizuno J, Say C, Ito K, Manahan J, Oshiro B, 

Hashem M, Ichiyama L, Chang J, Souki J, Tokioka J, Yamane R, Cullen T 

Amends provisions relating to the income tax credit for research activities. Requires a 


the department of taxation's website. Report to the legislature. Extends the tax credit 

to December 31, 2015 (sunset). -- HB1642 SD1 



Choy I -- Chong P, Marumoto B, Yamashita K 


C, Ige D -- Baker R, Slom S 

HB1666 HD1 (HSCR 799-12) RELATING TO THE PENAL CODE. 


Amends provisions relating to negligent homicide in the 2nd degree. Provides that if the 

person whose death is caused by the operation of a vehicle in a negligent manner is a 

vulnerable user, negligent homicide in the 2nd degree is a class B felony. -- Provides that 

if the person whose death is caused by the operation of a vehicle in a manner which is 

simple negligence is a vulnerable user, negligent homicide in the 3rd degree is a class 

C felony. -- Provides that if the person whose substantial injury is caused by the 

operation of a motor vehicle in a negligent manner is a vulnerable user, negligent injury 

in the 2nd degree is a class C felony. -- HB1666 HD1 



HB1671 HD2 (HSCR 922-12) RELATING TO PROCUREMENT. 


Amends provisions relating to the Hawaii public procurement code. Establishes 

provisions requiring the state procurement office to keep statistics on solicitations and 

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March 8, 2012 53


awards protested. -- Amends provisions relating to administrative proceedings for review. 

Requires the several hearings officers appointed by the director of the department of 

commerce and consumer affairs to have jurisdiction to review and determine any request 

from any bidder, offeror, contractor, person, or governmental body aggrieved by a 

determination of the chief procurement officer, head of a purchasing agency, or a 

designee of either officer. Provides that the party shall have the burden of proof, 

including the burden of producing evidence as well as the burden of persuasion. -- 

Requires party initiating proceedings to pay the department of commerce and consumer 

affairs a specified cash or protest bond amount that will be returned if the initiating party 

prevails. -- Reduces the number of days the hearings officer has to transmit the record 

of the administrative proceedings to the circuit court upon the filing of an application for 

judicial review. Provides that judicial review shall be resolved within 30 days or the circuit 

court shall lose jurisdiction and the decision of the hearings officer shall remain. -- 

HB1671 HD2 



HB1672 HD1 (HSCR 645-12) RELATING TO TAXATION. 


Establishes provisions relating to whistleblower awards. Provides an award of 15 per 

cent to 30 per cent of the collected proceeds to an individual when the director of taxation 

uses information from the individual for action for any violation of the tax laws. -- HB1672 

HD1 



HB1683 HD1 (HSCR 781-12) RELATING TO JUNIOR KINDERGARTEN. 


Amends provisions relating to junior kindergartens and kindergarten programs by 

repealing junior kindergarten. Provides that beginning with the 2014 - 2015 school year, 

the department of education shall not offer or maintain junior kindergartens. -- HB1683 

HD1 



HB1689 HD1 (HSCR 572-12) RELATING TO LONG-TERM CARE. 

Introduced by: Rhoads K, Lee M 

Establishes the long term care partnership program law. Requires the department of 

human services to establish the program that enables an individual who has assets that 

would otherwise disqualify the individual from receiving medicaid benefits to continue 

receiving medicaid benefits if the individual purchases and maintains long term care 

insurance. Requires the insurance plan to specify that insurance plan shall be the 

primary payer of the long term care costs and that medicaid shall be the secondary 

payer. Requires the department to prepare a state plan amendment to seek appropriate 

amendments to its medicaid rules and state plan to allow protection of assets. Requires 

the department of commerce and consumer affairs to certify a policy as a certified long 

term care insurance partnership policy if it meets requirements of the insurance laws, 42 

US Code 1396p, and section 7702B (b) of the Internal Revenue Code. Further requires 

the department of human services to establish an outreach program to educate 

consumers about the need for long term care, the mechanism for financing long term 

care, the availability of long term care insurance, and asset protections. -- HB1689 HD1 





Amends provisions relating to collection of tax by seller; penalty under the use tax law. 

Defines engaged in business to include any seller that is a member of a commonly 

controlled group that includes an entity that has a substantial nexus with the State and 

sells a similar line of products as the seller and does so under the same or similar 

business name or uses trademarks, service marks, or trade names in the State that are 

the same or substantially similar to those used by the seller; any seller that is a member 

of a commonly controlled group that includes another member that, pursuant to an 

agreement with or in cooperation with the seller, performs services in the State in 

connection with tangible personal property to be sold by the seller, including the design 

LRB Systems 

March 8, 2012 54


and development of tangible personal property sold by the seller, or the solicitation of 

sales of tangible personal property on behalf of the seller; and any seller entering into an 

agreement or agreements under which a person or persons in the State, for a 

commission or other consideration, directly or indirectly refer potential purchasers of 

tangible personal property to the seller, whether by an internet based link or an internet 

web site, or otherwise provided that the total cumulative sales price from all of the seller's 

sales, within the preceding 12 months, of tangible personal property to purchasers in the 

State that are referred pursuant to all of those agreements with a person or persons in 

the State, is in excess of 10,000 dollars and the seller, within the preceding 12 months, 

has total cumulative sales of tangible personal property to purchasers in the State in 

excess of 10,000 dollar and provided further that an agreement under which a seller 

purchases advertisements from a person or persons in the State, to be delivered on 

television, radio, in print, on the Internet, or by any other medium, is not an agreement 

for the purposes of this paragraph unless the advertisement revenue paid to the person 

or persons in the State consists of commissions or other consideration that is based upon 

sales of tangible personal property; and provided further that an agreement under which 

a seller engages a person in the State to place an advertisement on an internet web site 

operated by that person, or operated by another person in the State, is not an agreement 

for the purposes of this paragraph unless the person entering the agreement with the 

seller also directly or indirectly solicits potential customers in the State through use of 

flyers, newsletters, telephone calls, electronic mail, blogs, microblogs, social networking 

sites, or other means of direct or indirect solicitation specifically targeted at potential 

customers in the State. -- Requires the director of taxation to certify to the governor and 

legislature whether a federal law has been enacted authorizing the states to require a 

seller to collect taxes of sales of goods to in state purchasers without regard to the 

location of the seller. -- HB1694 HD2 



HB1695 RELATING TO TAXATION. 


Amends provisions relating to penalties and interest under the administration of taxes 

law. Provides that wilful failure to collect and pay over tax, substantial understatements 

or misstatements of amounts, and erroneous claim for refund or credit provisions shall 

not apply to any portion of an underpayment on which a penalty is imposed. -- HB1695 



HB1698 RELATING TO QUALIFIED COMMUNITY REHABILITATION PROGRAMS. 


Amends Act 213, session laws of 2008, relating to qualified community rehabilitation 

programs. Repeals the requirement that the department of human resources 

development annually report to the legislature on expenditures of qualified community 

rehabilitation programs and related activities. -- HB1698 






Internal Revenue Code. Provides that Revenue Code Section 501 (c) (12), (15) and (16) 

(with respect to exempt organizations) shall not be operative except that section 501 (c) 

(12) shall be operative for companies that provide potable water to communities that lack 

any access to public utility water services. -- Provides a general excise tax exemption for 

companies that provide potable water to communities that lack any access to public utility 

water services and are exempt under section 501 (c) (12). -- HB1705 HD1 



HB1706 HD1 (HSCR 710-12) RELATING TO CONDOMINIUMS. 


Establishes provisions relating to nonresident owners; rental agents. Requires an owner 

of a residential apartment who resides on a different island from that on which the 

apartment is located or out of state and who rents or leases the apartment to a tenant is 

to provide the managing agent or resident manager annually with the name, address, and 

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March 8, 2012 55


telephone number of the rental agent located in the state who is responsible for the 

management of the apartment. -- HB1706 HD1 



HB1708 HD2 (HSCR 379-12) RELATING TO MENTAL HEALTH. 


Amends provisions relating to emergency examination and hospitalization. In the case 

of a facility in a geographically remote area when no licensed physician, psychiatrist, or 

psychologist is immediately available, allows the emergency examination of the patient 

by the licensed physician, psychiatrist or psychologist to be conducted by telemedicine 

provided that a licensed health care professional be in the room with the patient and 

obtain and record certain information. Requires a personal examination by a licensed 

physician or psychiatrist in order to extend emergency hospitalization. -- Amends 

provisions relating to initiation of proceeding for involuntary hospitalization by requiring 

the certificated examination to be based on a personal examination. -- HB1708 HD2 


Mar=08 12 Multiple Referral to HTH/ JDL/ then WAM 

HB1709 HD1 (HSCR 673-12) RELATING TO OFFENSES AGAINST PUBLIC ORDER. 


Establishes provisions relating to aggravated harassment by impersonation. Provides 

that a person commits the offense of aggravated harassment by impersonation if that 

person commits the offense of harassment by impersonation and has been convicted of 

harassment by impersonation within 5 years preceding the instant offense, or poses as 

another person, without the express authorization of the other person, and makes or 

causes to be made, a transmission of any personal information of the other person to 

another by any oral statement, any written statement, or any statement conveyed by any 

electronic communication means, and the offense causes substantial harm, was 

committed with the intent to solicit a response by public safety agency personnel, or 

causes a response by public safety agency personnel. Provides that it is a class C 

felony. -- Amends provisions relating to offense of harassment by impersonation. 

Redefines personal information to include an internet domain address. -- HB1709 HD1 



HB1723 HD1 (HSCR 827-12) RELATING TO THE TRICARE PROGRAM. 


Amends Act 70, session laws of 2009, providing a general excise tax exemption for 

amounts received by a managed care support contractor of the TRICARE program by 

extending the sunset date to December 31, 2015. -- HB1723 HD1 



HB1724 HD1 (HSCR 874-12) RELATING TO HEALTH AND HUMAN SERVICES. 


Establishes provisions relating to presumptive eligibility for medicaid; waitlisted patients. 

Requires the department of human services to presume that a waitlisted patient applying 

for Medicaid coverage is eligible for coverage; provided that the applicant is able to show 

proof, and if the waitlisted patient is later determined to be ineligible for Medicaid after 

receiving services during the presumptive eligibility period requires the department to 

disenroll the waitlisted patient and notify the provider and the plan, if applicable, of 

disenrollment by facsimile transmission or e mail. Further requires the department to 

conduct a study of a computerized Medicaid applications system to address inefficiencies 

and other problems associated with processing Medicaid applications. Reports to the 

legislature. Appropriation. Act to be repealed on June 30, 2017 (sunset). ($$) -- HB1724 

HD1 



HB1726 HD1 (HSCR 905-12) RELATING TO ENERGY. 

Introduced by: Coffman D 

Amends Act 253, session laws of 2007, establishing the energy systems development 

special fund to develop an integrated approach and portfolio management of renewable 

energy project that will reduce Hawaii's dependence on fossil fuel and imported oil and 

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March 8, 2012 56


other imported energy resources and move Hawaii toward energy self sufficiency by 

extending the sunset date. -- HB1726 HD1 



HB1730 HD2 (HSCR 694-12) RELATING TO THE LAND USE COMMISSION. 


Establishes provisions relating to conflict of interest. Requires any member of the land 

use commission to disclose the nature of material personal involvement with a parcel of 

land that is the subject of action to be taken by the commission and not vote or take any 

official action relating to that parcel of land. -- HB1730 HD2 



HB1743 RELATING TO DRIVER LICENSING. 


Amends provisions relating to driver licensing. Increases the gross vehicle weight rating 

to 18,000 pounds or less. -- HB1743 


Feb=16 12 Single Referral to TIA 

HB1744 HD1 (HSCR 955-12) RELATING TO COMPENSATION. 

Introduced by: Rhoads K, Say C 


extending the 5 per cent salary decrease for the governor, lieutenant governor, justices 

and judges of all state courts, the administrative director of the State or an equivalent 

position, and the department heads or executive officers and the deputies or assistants 

to the department heads or executive officers of certain departments, and members of 

the legislature until June 30, 2013 (sunset), provided that the salary recommendations 

of the 2006 commission on salaries for those positions effective July 1, 2011, shall 

become effective on July 1, 2013. Repeals provisions relating to restoring leaves of 

absence. -- HB1744 HD1 


Mar=08 12 Single Referral to JDL/ WAM/ 

HB1746 HD1 (HSCR 264-12) RELATING TO CONDOMINIUMS. 

Introduced by: Rhoads K, Brower T, Luke S, Ichiyama L 

Amends provisions of metering of utilities. Allows the board of directors to authorize the 

installation of separate meters to determine the use by each of the residential and 

commercial apartments of utilities, including electricity, water, gas, fuel, oil, sewerage, 

and drainage; provided that the cost of installing the meters shall be paid by the 

association. -- HB1746 HD1 



HB1753 HD1 (HSCR 912-12) RELATING TO LIABILITY. 



redefining improved public lands by repealing the exclusion of public beach parks falling 

within Act 190, session laws of 1996, as amended by Act 101, session laws of 1999. -- 

Amends Act 82, session laws of 2003, as amended by Act 152, session laws of 2007, as 

amended by Act 81, session laws of 2009, relating to state and county tort liability, by 

extending the sunset date. -- Amends Act 170, session laws of 2002, as amended by Act 

152, session laws of 2007, as amended by Act 81, session laws of 2009, relating to state 

and county tort liability, by extending the sunset date. -- HB1753 HD1 



HB1754 HD1 (HSCR 11-12) RELATING TO ELECTIONS. 


Amends provisions relating to a request for an absentee ballot. Requires the chief 

election officer or the clerk in a county to mail an absentee ballot to each registered voter 

in an area that has less than 500 registered voters as of the preceding general election 

in an area covered by a unique ballot type, if an election day polling place will not be 

established for such voters. -- HB1754 HD1 

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March 8, 2012 57




HB1755 HD2 (HSCR 773-12) RELATING TO VOTER REGISTRATION. 


Establishes provisions relating to the application to register electronically. Allows the 

clerk of the county to permit a person who has a valid government issued identification 

that is capable of electronic confirmation to submit an application to register to vote 

electronically. -- Amends provisions relating to the general county register; restrictions 

in use. Repeals the requirement that the clerk maintain a list of all registered voters in 

each precinct and copies of affidavit of registration. Allows the clerk to release voter lists 

or data, provided that the information furnished in the affidavit is copied or released for 

election or government purposes only. Repeals the requirement that the clerk maintain 

records by computer tape or otherwise of office of Hawaiian affairs registered voters to 

facilitate their identification as a separate category of voters. -- Amends provisions 

relating to the application to register. Repeals the provision that any person qualified to 

and desiring to register as a voter for the election of members of the board of trustees 

of the office of Hawaii affairs make and subscribe to an application in the form of an 

affidavit that the person is Hawaiian. Requires the applicant to swear to the truth of the 

allegations of self subscribing affirmation in the affidavit. Requires the voter registration 

transaction captured by the online voter registration system to be assigned a transaction 

number. -- Amends provisions relating to closing register; list of voter. Repeals the 

requirement that the clerk of each county maintain a list of all registered voters in each 

precinct. Requires the chief election officer and the clerk of each county to work 

collaboratively to study the feasibility of using the last 4 digits of the social security 

number in lieu of using that number in its entirety in voter registration and record keeping. 

Report to the legislature. Appropriation. ($$) -- HB1755 HD2 



HB1756 HD1 (HSCR 31-12) RELATING TO CAMPAIGN SPENDING. 


Amends provisions relating to elections. Authorizes the campaign spending commission 

to investigate any treasurer for reports required by the commission. Changes filing dates 

for reports. Requires reports to include the amount and date of each contribution made 


which the contribution was made. Requires the stated purpose of an independent 

expenditure include the name of the candidate who is supported or opposed by the 

expenditure, and whether the expenditure supports or opposes the candidate. -- HB1756 

HD1 



HB1758 HD1 (HSCR 612-12) RELATING TO BUSINESS DEVELOPMENT IN HAWAII. 


Establishes provisions relating to the qualified media infrastructure projects. Establishes 

revenue bonds and special fund. Authorizes the department of business, economic 

development, and tourism to issue revenue bonds for qualified media infrastructure 

projects. Creates the media infrastructure projects special fund for disbursement of 

funds. Requires matching funds. Requires the applicant for financial assistance to agree 

to a financial and management audit by the legislative auditor. -- HB1758 HD1 



HB1764 HD1 (HSCR 455-12) RELATING TO THE RESIDENCY OF APPOINTIVE OFFICERS. 


Amends provisions relating to citizenship and residence; exceptions. Provides that the 

1 year residency requirement may be waived by the appointing authority when the 

appointive office is required to have highly specialized or scientific knowledge and 

training and a qualified applicant who is a resident for at least 1 year is not available to 

fill the position. -- HB1764 HD1 


Feb=22 12 Single Referral to JDL/ WAM/ 

HB1765 HD2 (HSCR 534-12) RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR COUNTY EMPLOYEES. 

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March 8, 2012 58



Amends provisions relating to employer inquiries into conviction record under 

employment practices law. -- Amends provisions relating to criminal history record 

checks. Allows the county liquor commissions to check on employees and prospective 

employees involved in liquor administration, law enforcement, and liquor control 

investigations. Allows the counties to conduct criminal history record checks on 

prospective employees who work with vulnerable adults or senior citizens in community 

based programs, for fire department positions that involve contact with children or 

dependent adults, for emergency medical services positions that involve contact with 

children or dependent adults, for emergency management positions that involve planning 

and executing Homeland Security measures including viewing, handling, and engaging 

in law enforcement or classified meetings and assisting vulnerable and disabled citizens 

during emergencies or crises. -- HB1765 HD2 


Mar=08 12 Multiple Referral to PGM/ HMS/ then JDL 

HB1768 HD2 (HSCR 837-12) RELATING TO THE HAWAII PUBLIC PROCUREMENT CODE. 


Amends provisions relating to remedies after an award. Provides that if the contract has 

not been fully executed by all the parties, the award may be rescinded and remedies prior 

to award is to be applied after the award, which may include the reevaluation and award 

of the contract to the next lowest responsive and responsible bidder or next ranked 

responsible offeror. -- HB1768 HD2 



HB1771 HD1 (HSCR 672-12) RELATING TO FELONIES FOR WHICH CRIMINAL CHARGES MAY BE INSTITUTED 

BY WRITTEN INFORMATION. 


Amends provisions relating to felonies for which criminal charges may be instituted by 

written information. Allows a charge upon written information for habitual property crime, 

unauthorized entry in a dwelling in the 2nd degree, theft of copper, and for unauthorized 

entry in a dwelling in the 1st degree. -- HB1771 HD1 



HB1772 RELATING TO VIOLATION OF PRIVACY. 


Amends provisions relating to violation of privacy in the 2nd degree. Clarifies that a 

person commits the offense of violation of privacy in the 2nd degree if the person 

intentionally installs or uses, or both, in any private place, without consent of the person 

or persons entitled to privacy therein, any means or device for observing, recording, 

amplifying, or broadcasting sounds or events in that place other than another person in 

a stage of undress or sexual activity. -- HB1772 



HB1776 HD1 (HSCR 674-12) RELATING TO COMMUNICATION SERVICE PROVIDERS. 


Amends provisions relating to interception, access, and disclosure of wire, oral, or 

electronic communications, use of pen register, trap and trace device, and mobile 

tracking device prohibited. Allows a person or entity providing electronic communication 

service to the public to divulge the contents of any such communication to a 

governmental entity, if the provider, in good faith, believes that an emergency involving 

danger of death or serious physical injury to any person requires disclosure without delay 

of communications relating to the emergency, and is provided with a certification in 

writing from the governmental entity that provides the facts and circumstances 

establishing the existence of the emergency, that the specific disclosure is required, 

setting forth the period of time during which the providing of the information, facilities, or 

technical assistance is authorized and specifying the information, facilities, or technical 

assistance required. Prohibits a cause of action in any court against any provider of wire 

or electronic communication service, its officers, employees, or agents, landlord, 

custodian, or other specified person for providing information, facilities, or assistance in 

accordance with the terms of a certification under this part. -- HB1776 HD1 


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HB1777 HD1 (HSCR 634-12) RELATING TO PRODUCTION OF RECORDS. 


Establishes criminal process records law. Allows the search of or commanding 

production of records that are in the actual or constructive possession of a recipient who 

receives service outside Hawaii, regardless of whether the recipient or the records are 

physically located within the State. Requires records production to be made within 20 

business days of service. -- HB1777 HD1 



HB1788 HD1 (HSCR 676-12) RELATING TO COMPUTER CRIME. 

Introduced by: Keith-Agaran G, Lee C, Luke S, Nishimoto S, Brower T, Rhoads K, 

Aquino H 

Establishes provisions relating to computer fraud in the 3rd degree. Provides that a 

person commits the offense of computer fraud in the 3rd degree if the person knowingly 

accesses a computer, computer system, or computer network, including by phishing or 

the use of spyware to obtain identifying information with the intent to commit the offense 

of theft in the 3rd or 4th degree. Makes it a class C felony. -- Amends provisions relating 

to computer fraud in the 1st degree. Provides that a person commits the offense of 

computer fraud in the 1st degree if the person knowingly accesses a computer, computer 

system, or computer network, including by phishing or the use of spyware to obtain 

identifying information with the intent to facilitate the commission of a murder in any 

degree, any class A felony, kidnapping, unlawful imprisonment in any degree, extortion 

in any degree, any offense involving firearms, ammunition and dangerous weapons, 

criminal property damage in the 1st or 2nd degree, escape in any degree, any offenses 

against public administration, any offenses against public order, or any offense involving 

organized crime, or commit the offense of theft in the 1st degree. Makes it a class A 

felony. -- Provides that a person commits the offense of computer fraud in the 2nd 

degree if the person knowingly accesses a computer, computer system, or computer 

network including by phishing or the use of spyware to obtain identifying information, with 

the intent to commit the offense of theft in the 2nd degree. Makes it a class B felony. -- 

Amends provisions that a person commits the offense of unauthorized computer access 

in the 1st degree if the person knowingly accesses a computer, computer system or 

computer network without authorization including by phishing or the use of spyware, and 

thereby obtains identifying information, the value of the identifying information obtained 

exceeds 20,000 dollars, or the identifying information has been determined by statute or 

rule of court to require protection against unauthorized disclosure. Makes it a class A 

felony. -- Amends provisions that a person commits the offense of unauthorized 

computer access in the 2nd degree if the person knowingly access a computer, computer 

system, or computer network without authorization, including by phising or the use of 

spyware and thereby obtains identifying information. Makes it a class B felony. -- 

Amends provisions that a person commits the offense of unauthorized computer access 

in the 3rd degree if the person knowingly accesses a computer, computer system, or 

computer network without authorization, including by phishing or the use of spyware. 

Makes it a class C felony. -- HB1788 HD1 


Mar=08 12 Multiple Referral to EDT then JDL 

HB1791 RELATING TO HOMICIDE. 


Amends provisions relating to mandatory revocation of license by a court. Requires a 

court of competent jurisdiction to immediately revoke the license of any driver for a period 

of up to 10 years upon a conviction of the driver of manslaughter. Requires a court to 

immediately revoke the license of any driver for a period of up to 5 years upon a 

conviction of the driver of negligent homicide in the 1st degree or negligent homicide in 

the 2nd degree. -- Amends provisions relating to conditions of probation. Requires that 

the defendant serve a term of imprisonment not exceeding 2 years in a conviction of 

manslaughter. -- Amends provisions relating to sentence of imprisonment for class A 

felony. Requires that a person who has been convicted of manslaughter be sentenced 

to an indeterminate term of imprisonment of 20 years without the possibility of 

suspension of sentence or probation. -- HB1791 



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HB1829 HD2 (HSCR 958-12) RELATING TO LEASES. 


Establishes the real property commercial and industrial leases law. Requires that any 

agreement for the lease of private lands provides for the renegotiation of the rental 

amount or other compensation during the term of the lease and that the amount of rental 

or other compensation shall be calculated based on the use to which the land is restricted 

by the lease agreement. Provides that for lease renegotiations, fair market value shall 

be determined in conformance with the uniform standards and that any disputes shall be 

settled by the procedure selected by the lessee and the lessorand not by arbitration. 

Further provides that any other provision or remedy afforded any class of lessee shall be 

equally available to all lessees. Requires the department of business, economic 

development, and tourism to adopt rules to implement this law. -- Establishes provisions 

relating to commercial and industrial leases. Requires the lessor of commercial, 

business, manufacturing, mercantile, or industrial or other nonresidential property leased 

for 5 years or more, to afford the lessee the option to renew the lease according to terms 

that are fair and reasonable to both the lessor and lessee. Provides that for leases of 

real property greater than 50,000 square feet of land the market rent or fair market rent 

shall be established by a licensed appraiser, the renewal period shall not be less than 35 

years, with a rent that is fixed for the initial 15 years and renegotiated every 10 years 

thereafter, and when provided for in the lease agreement between the lessor and lessee, 

during or after the 40 year of any ground lease between a lessor and a lessee, if the 

lessor intends to acquire the leasehold interest and improvements from the lessee, the 

lessor may do so for a value to be determined by appraisal by a licensed or certified 

appraiser licensed provided that the lessor notifies the lessee of such intent at least 5 

years prior to the end of any fixed rent term, and any increased value of the leasehold 

interest based on excess rent shall be shared equitably between lessor and lessee, with 

no less than 5 per cent and no more than 50 per cent to be the lessor's share, as 

determined by appraisal. -- HB1829 HD2 



HB1838 RELATING TO STATE BONDS. 


Establishes debt limit on general obligation bonds. Authorizes the issuance of general 

obligation bonds. Authorizes the issuance of general obligation bonds to refund any 

general obligation bonds. ($$) -- HB1838 



HB1840 HD3 (HSCR 923-12) RELATING TO STATE-OWNED BANK. 

Introduced by: Oshiro M, Tsuji C 

Establishes a task force within the department of commerce and consumer affairs to 

study the feasibility of establishing a state owned bank. Requires the task force to review 

and evaluate the bank of North Dakota, the findings from Massachusetts studies in 

creating a state owned bank, models used in other states and banking institutions, the 

effectiveness and usefulness of an existing state bank, specifically the economic impact 

of having a state owned bank, any impacts on existing banks and financial institutions in 

the State, the long term broad economic effects and long term job creation and state 

revenue effects of having a state owned bank, the capital requirements of a state owned 

bank, initial capitalization options for a state owned bank, the cash management and 

banking needs of the State, an estimation of the short term operating costs and projected 

revenues of a state owned bank, and the laws, statutes, rules, and regulations applicable 

to establishing a state owned bank. Report to the legislature. Task force shall cease to 

exist on June 30, 2013 (sunset). Requires the legislative reference bureau to assist the 

task force in preparing findings, recommendations, and proposed legislation. -- HB1840 

HD3 



HB1848 HD2 (HSCR 949-12) RELATING TO COLLECTIVE BARGAINING. 


Amends provisions relating to scope of negotiations; consultation. Provides that the 

obligation to meet and negotiate does not compel either part to agree to a proposal or 

make a concession. -- Amends provisions relating to written agreements; enforceability; 

cost items. Provides that the cost items relating to the amounts of contributions by the 

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state and counties to the Hawaii employer union health benefits trust fund may be 

deemed discrete cost items apart from other cost items submitted to them as a result of 

an arbitration award or negotiated agreement. Allows the legislature to approve, reject, 

or modify the arbitration award or negotiated agreement on the amounts of contributions. 

Allows the parties to submit their respective recommendations on the appropriate 

amounts of contributions to the legislature. Requires that a modification or rejection by 

the legislature not invalidate any other provisions in the negotiated agreement or 

arbitration award. Requires the final and binding agreement of the parties on the 

amounts of contribution consist of the amounts of contributions established by the 

legislature. -- Amends provisions relating to the resolution of disputes; impasses. 

Repeals exceptions to the arbitration process. -- HB1848 HD2 



HB1858 RELATING TO WORKFORCE INFORMATION. 

Introduced by: Oshiro M, Rhoads K 

Establishes provisions relating to executive branch workforce demographic profile. 

Requires the director of human resources development to compile a profile on the 

workforce of the executive branch. Annual report to the legislature. -- HB1858 



HB1868 HD1 (HSCR 59-12) RELATING TO TELECOMMUNICATIONS. 


Amends provisions relating to retail intrastate services, fully competitive. Limits 

prohibition on charging a higher rate for retail telecommunications service to retail 

telecommunications basic exchange service. -- HB1868 HD1 


Feb=16 12 Multiple Re referral to EDT then CPN 

HB1874 RELATING TO VOG. 


Amends provisions relating to Act 229, session laws of 2011, relating to vog by adding 

to the required members of the interagency task force on vog any other representative 

from a representative district that is impacted by vog as may be appointed at the 

discretion of the speaker of the house of representatives and any other senator from a 

senatorial district that is impacted by vog as may be appointed at the discretion of the 

president of the senate. -- HB1874 


Mar=08 12 Single Referral to PGM/ HTH/ 

HB1875 HD2 (HSCR 852-12) RELATING TO FORECLOSURES. 


Amends provisions relating to planned community associations by establishing provisions 

relating to fiscal matters; lien for assessments, association fiscal matters and collection 

of unpaid assessments from tenants or rental agents. -- Amends provisions relating to 

the mortgage foreclosures law by establishing provisions relating to association alternate 

power of sale foreclosure process. -- HB1875 HD2 



HB1879 HD2 (HSCR 846-12) RELATING TO THE ONE CALL CENTER. 

Introduced by: Herkes R (BR) 

Amends definitions under 1 call center; advance warning to excavators law. Changes 

types of operations excluded from definition of excavation by limiting the exclusion of pest 

control activity regulated under pest control operators law to pest control activity that is 

not performed under contract with any state or county agency or entity. -- Amends 

provisions relating to Act 72, session laws of 2009, relating to definitions under 1 call 

center; advance warning to excavators law by repealing the sunset date. -- HB1879 HD2 



HB1892 RELATING TO THE REAPPORTIONMENT COMMISSION. 


Amends provisions relating to the reapportionment commission. Places the commission 

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within the office of elections and requires the chief elections office to request an 

appropriation a separate appropriation for the commission. -- HB1892 



HB1905 HD2 (HSCR 554-12) RELATING TO HUMAN SERVICES. 


Amends provisions relating to determination of amount of assistance under department 

of human services law. Includes other funds appropriated to the department of human 

services as a basis upon which the director of human services is required to determine 

allowances for general assistance to households without minor dependents. Amends 

provisions relating to general assistance to households without minor dependents. -- 

HB1905 HD2 



HB1925 HD1 (HSCR 732-12) RELATING TO LIQUOR. 

Introduced by: Keith-Agaran G, Lee C, Luke S, Nishimoto S, Brower T, McKelvey A, 

Morikawa D, Kawakami D 

Amends provisions relating to licenses, classes under intoxicating liquor law. Changes 

provision allowing class 1 licensees to manufacture and sell draught beer or wine 

manufactured from grapes or other fruits grown in the State to instead allow class 1 

licensees to sell beer, wine, or other specified liquor manufactured or distilled in the State 

at wholesale in original packages to any person who holds a license to resell it and to any 

person for private use and consumption. -- HB1925 HD1 


Mar=08 12 Single Referral to AGL/ PGM/ 

HB1926 HD1 (HSCR 267-12) RELATING TO ASSAULTS AGAINST MEDICAL SERVICES PROVIDERS. 

Introduced by: Keith-Agaran G, Nakashima M, Cullen T, Morikawa D, Aquino H 

Amends provisions relating to assault in the 2nd degree. Provides that a person commits 

the offense of assault in the 2nd degree if the person intentionally or knowingly causes 

bodily injury to any medical services provider who is engaged in the performance of duty. 

Medical services provider means emergency medical services personnel, physicians, 

physician's assistants, nurses, or nurse practitioners, certified registered nurse 

anesthetists, physical therapists, respiratory therapists, laboratory technicians, radiology 

technicians, and social workers, providing services in the emergency room of a hospital, 

medical clinic, or federally qualified health center, long term facility, or specialized nursing 

facility, or other licensed medical professional involved in the direct care of patients. -- 

HB1926 HD1 


Mar=08 12 Multiple Referral to HTH then JDL 

HB1927 SD1 (SSCR 2489) RELATING TO CAMPAIGN SPENDING COMMISSION LAW. 

Introduced by: Keith-Agaran G (BR) 


and supplemental reports. Changes certain deadlines for campaign spending preliminary 

reports. -- HB1927 SD1 


Mar=06 12 Re Committed to JDL 

HB1928 RELATING TO TESTING FOR INTOXICANTS. 

Introduced by: Keith-Agaran G, Nakashima M, Souki J, Aquino H, Lee C 

Repeals provisions relating to refusal to submit to a breath, blood, or urine test, penalty, 

which makes it a petty misdemeanor. -- HB1928 



HB1941 HD2 (HSCR 942-12) MAKING AN APPROPRIATION FOR AGRICULTURAL INSPECTION FACILITIES AND 

RELATED INFRASTRUCTURE. 

Introduced by: Tsuji C, Hashem M, Chong P, Yamashita K, McKelvey A, Awana K, Ito 

K 

Appropriation out of the agricultural development and food security special fund to the 

department of agriculture to finance projects at the Honolulu international airport, Kona 

international airport, Kawaihae harbor, Honolulu harbor, and Kamuela vacuum cooling 

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plant. Requires the department of agriculture and the department of transportation to 

report to the legislature. ($$) -- HB1941 HD2 


Mar=08 12 Multiple Referral to AGL/ TIA/ then WAM 


Introduced by: Tsuji C, Hashem M, Awana K, Chong P, McKelvey A, Ito K 

Amends provisions relating to pest inspection, quarantine, and eradication fund. 

Requires expenditure from the fund for the electronic importer manifest program. 

Appropriation out of the pest inspection, quarantine, and eradication fund to implement 

the electronic importer manifest program. ($$) -- HB1942 HD2 



HB1943 HD2 (HSCR 753-12) RELATING TO INVASIVE SPECIES. 

Introduced by: Tsuji C, McKelvey A, Awana K, Hashem M, Ito K 

Appropriation to the department of agriculture to match the grant provided by the federal 

Office of Insular Affairs to fund the plant quarantine detector dog program, including 1 - 

1/2 (0.5) inspector / detector dog trainer and 3 - 1/2 (0.5) inspectors / dog handlers. 

Requires the department to report to the legislature on its progress in implementing the 

detector dog program. ($$) -- HB1943 HD2 




Introduced by: Tsuji C, Awana K, Hashem M, Ito K, Chong P 

Establishes the agricultural practices audit and certification revolving fund to be 

administered by the department of agriculture. Requires fees received by the department 

for audits and certifications to be deposited into the fund and for fund to be expended to 

establish and update agricultural and management practices, to conduct the audit and 

certification services, and to assist, train, and educate producers to achieve certification. 

-- Amends the grades and standards law by changing it to the grades, standards, safety 

and security law. Allows the department to establish a program to audit and certify that 

producers are following generally accepted agricultural and management practices and 

are maintain food security and traceability. Requires the department to adopt generally 

accepted agricultural and management practices as deemed necessary after giving due 

consideration to available information of the department and written recommendations 

from the university of Hawaii college of tropical agriculture and human resources. 

Requires the department to conduct audit and certification services under the program 

only for producers who apply and pay the relevant fee to and comply with other 

requirements set by the department. Requires the department to assist, train, and 

educate producers in complying with applicable generally accepted agricultural and 

management practices. Allows the department to designate any employee or agent of 

the department to conduct the audits and certifications. Allows the department to enter 

into cooperative agreements with the US Department of Agriculture or other agreements 

and contracts with private parties or other governmental agencies to conduct the audits 

and certifications. -- HB1947 HD2 



HB1952 HD2 (HSCR 794-12) RELATING TO BONE MARROW TRANSPLANTS. 


Appropriation to the department of health for Hawaii pacific health to establish a bone 

marrow transplant center in Hawaii. Requires matching funds. ($$) -- HB1952 HD2 



HB1953 HD1 (HSCR 795-12) RELATING TO EMERGENCY MEDICAL CARE. 

Introduced by: Yamane R, Say C, Har S, Aquino H, Cullen T 

Appropriation to the department of health to increase the on call availability of emergency 

medical services and ambulance services in Ewa Beach to 16 hours per day and in 

Nanakuli to 24 hours per day. Appropriation to the department of health as a grant to 

Wahiawa general hospital to provide additional emergency room services. ($$) -- HB1953 

HD1 


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HB1957 HD2 (HSCR 735-12) RELATING TO HEALTH CARE INFORMATION. 

Introduced by: Yamane R, Wooley J, Mizuno J, Belatti D, Hanohano F, Morikawa D, Lee 

C 

Establishes the health care privacy harmonization act law. Requires that any use or 

disclosure of individually identifiable health information by any covered entity or business 

associate that complies with 45 Code of Federal Regulations Part 164, Subpart E, shall 

be deemed to comply with all state laws relating to the use, disclosure, or confidentiality 

of such information. Requires that an authorization to release individually identifiable 

health information that complies with 45 Code of Federal Regulations section 164.508 

shall be deemed to comply with all state laws relating to individual authorization. 

Requires that any notice of breach of unsecured protected health information that 

complies with 45 Code of Federal Regulations Part 164, Subpart D, shall be deemed to 

comply with all state laws relating to notice of breach of protected health information. -- 

HB1957 HD2 





Amends provisions relating to chemotherapy services under the accident and health or 

sickness insurance contracts law and under benefit societies law by changing them to 

provisions relating to cancer treatment. Specifies that the chemotherapy referred to 

includes all types. Requires the cost sharing for generic and non generic oral 

chemotherapy to be provided at the same or lower amount or percentage as is applied 

to generic and non generic intravenously administered chemotherapy and prohibits 

insurers from increasing cost share to achieve compliance with new requirement. 

Prohibits individual and group accident and health or sickness insurance policies from 

increasing enrollee cost sharing for non generic medications used for the treatment of 

cancer to any greater extent than the policy increases enrollee cost sharing for other non 

generic medications. Provides that the provisions shall not apply to an accident only 

specified disease, hospital indemnity, long term care, or other limited benefit health 

insurance policy. -- HB1964 HD2 


Mar=08 12 Multiple Referral to HTH then CPN 

HB1965 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS. 


Amends provisions relating to definitions under pharmacists and pharmacy law. 

Redefines continuing education courses to mean courses approved by the Accreditation 

Council for Pharmacy Education. -- HB1965 



HB1966 HD2 (HSCR 712-12) RELATING TO VACCINATIONS. 


Establishes provisions relating to influenza vaccinations; children. Allows a pharmacist 

to administer the influenza vaccine to persons between 14 and 17 years of age pursuant 

to a valid prescription. Requires the pharmacist to verify that the prescriber or the 

prescriber's authorized agent is the patient's medical home and requires the pharmacist 

to provide information to the medical home within 72 hours and to the department of 

health immunization registry within 5 business days. Further requires the pharmacists 

to complete a training program approved by the Accreditation Council for Pharmacy 

Education. Defines medical home to mean the primary care physician who, working in 

collaboration with the family, oversees the acute, chronic, and preventive health needs 

of the patient in a comprehensive, coordinated, and continuous fashion. Amends 

provisions relating to renewal of licenses; continuing education requirement by requiring 

a pharmacist who administers the influenza vaccine to complete a specified training 

program within every other biennial renewal period and submit proof of successful 

completion of the course to the board. -- HB1966 HD2 



HB1967 HD2 (HSCR 579-12) RELATING TO MEDICAL CLAIM CONCILIATION. 

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March 8, 2012 65


Introduced by: Yamane R, Manahan J, Morikawa D, Say C 

Amends provisions relating to medicine and surgery law and the medical torts law by 

repealing claim and replacing with inquiry. -- HB1967 HD2 



HB1968 HD1 (HSCR 927-12) RELATING TO CIGARETTES. 

Introduced by: Yamane R, Manahan J, Say C, Aquino H, Cullen T 

Appropriation out of the reduced ignition propensity cigarette program special fund to the 

department of labor and industrial relations to fund 1 full time administrator, 1 full time 

assistant, and other costs to the reduced ignition propensity cigarette program. ($$) -- 

HB1968 HD1 



HB1969 HD1 (HSCR 199-12) RELATING TO CONTRACTS. 

Introduced by: Yamane R, Rhoads K, Manahan J, Cullen T, Nakashima M, Takai K, 

Tokioka J, Hanohano F, Lee C, Brower T, Aquino H 

Establishes provisions relating to performance bond under contractors law. Allows a 

contractor or subcontractor to execute a bond for the faithful performance of a contract. 

Requires the bond to be approved by the owner, contractor, or subcontractor entitled to 

withhold retainage. The bond shall require the obligations of the contract be performed, 

payment be made promptly to all persons supplying labor or material to the contractor 

or subcontractor, contributions due under state law from the contractor or subcontractor 

be made promptly, and all sums required to be deducted and retained from the wages 

of employees of the contractor or subcontractor pursuant to state law be paid over to the 

department of taxation. If no bond is obtained allows the owner, contractor, or 

subcontractor to withhold the percentage of the contract price of the work completed as 

retainage as agreed by the parties. Requires interest of 1 per cent per month on the final 

payment due a contractor or subcontractor who did not obtain the bond. -- Establishes 

provisions relating to prompt payment under expenditure of public money and public 

contracts law. Changes the time within which any money paid to a contractor is to be 

disbursed to subcontractors from 10 to 7 days. Requires interest of 1 1/2 per cent for 

delay of more than 7 days of periodic or final payment absent a bona fide dispute over 

performance. Requires full payment less authorized deductions to be made to 

subcontractors who complete 100 per cent of their contract by or before the project is 50 

per cent complete if the subcontractor has performed satisfactorily contingent on 

approval or certification of acceptable work. Upon receipt of approval or certification the 

procurement officer is required to reduce the retainage for those subcontractors to 1/2 

per cent. Requires that payment be made no later than 60 days following receipt of the 

subcontractor's request or immediately upon receipt of the surety's consent, whichever 

is later. Requires the inclusion of structural steel, piling, caisson, and rebar steel, and 

demotion as early finishing subcontractors. Requires bid documents to list the 

inspections required by the procurement officer before accepting the work and any 

financial information required by the procurement officer to release payment to the 

subcontractors. -- HB1969 HD1 



HB1972 HD2 (HSCR 790-12) RELATING TO HISTORIC PRESERVATION. 

Introduced by: Evans C, Carroll M 

Amends provisions relating to the historic preservation program. Requires the 

department of land and natural resources to determine fees that are proportional to the 

nature and complexity of the projects or services provide and adjusted from time to time 

to ensure that the proceeds, together with all other fines, income, and penalties collected, 

do not surpass the annual operating costs of the program. -- HB1972 HD2 


Mar=08 12 Multiple Referral to EDT/ WLH/ then WAM 

HB1974 HD2 (HSCR 925-12) RELATING TO VETERANS. 

Introduced by: Evans C, Ito K, Lee M, Cabanilla R, Cullen T, Aquino H, McKelvey A, 

Takai K 

Amends provisions relating to councils' responsibility; burial of servicemen, veterans and 

dependents by changing servicemen to service members. Repeals residency 

requirement. Changes specifications of those the councils of the counties of Hawaii, 

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March 8, 2012 66


Kauai, and Maui are required to provide interment for. Requires that the determination 

of eligibility for burial within any state veterans' cemetery be in accordance with current 

Veterans Affairs and National Cemeteries Administration Regulations. Repeals 

provisions relating to burial of nonresident servicemen and dependents. -- HB1974 HD2 





Amends provisions relating to general excise tax, transient accommodations tax, use tax, 

fuel tax, liquor tax, cigarette tax and tobacco tax, rental motor vehicle and tour vehicle 

surcharge tax, and insurance tax by changing the day of payment from the 20th day to 

the last day of the calendar month. -- HB1980 HD1 



HB1984 RELATING TO HAWAIIAN LANGUAGE. 


Establishes provisions relating to Olelo Hawaii month. Designates the month of February 

to be known and designated as Olelo Hawaii month to celebrate and encourage the use 

of Hawaiian language, not a state holiday. -- HB1984 


Mar=08 12 Single Referral to HWN/ EDT/ 

HB2002 HD1 (HSCR 5-12) MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE 

LEGISLATURE, THE AUDITOR, THE LEGISLATIVE REFERENCE BUREAU, THE 

OMBUDSMAN, AND THE ETHICS COMMISSION. 


Appropriation to the senate and the house of representatives for session and nonsession 

expenses up to and including June 30, 2013, including the 2012 regular session. 

Expenses of the senate to be approved by the president and expenses of the house of 

representatives to be approved by the speaker. Requires the senate and the house of 

representatives to have their accounts audited and report to the senate and house of 

representatives respectively. Expenses for legislators while traveling abroad shall be 145 

dollars a day. -- Appropriation to the auditor for the expenses of the office of the auditor. 

-- Appropriation to the office of the auditor to be deposited into the audit revolving fund. 

Appropriation out of the fund for the auditor to conduct or complete its audit functions. -- 

Appropriation to the legislative reference bureau for defraying expenses. -- Appropriation 

to the office of the ombudsman for defraying expenses. -- Appropriation to the office of 

the state ethics commission for defraying expenses. -- Appropriation to the legislature for 

the legislative broadcast program. ($$) -- HB2002 HD1 




Introduced by: Souki J, Ichiyama L, Aquino H, Keith-Agaran G, Okamura T, Cullen T, 

Yamashita K 

Allows the department of transportation to extend, modify, alter or amend, upon mutual 

agreement with a concession, the terms of concession contracts, leases and permits in 

exchange for revenue enhancing improvements made or paid by the concession. Act to 

be repealed on July 1, 2014 (sunset). -- HB2004 HD2 



HB2007 HD1 (HSCR 299-12) RELATING TO INSTRUCTIONAL TIME. 


Amends provisions relating to school year; instructional time. Requires all public schools, 

excluding charter schools and multi track school to maintain standard instructional time 

periods by implementing a bell schedule devised by the department of education. 

Requires the department to devise up to 4 standard bell schedules each for elementary, 

middle, and high schools. Allows the board of education to grant waivers for standard 

instructional time to any individual school. Defines student instructional time for 

elementary schools and secondary schools. Reduces the annual reports to the legislature 

by the department with the board and the office of the governor in consultation with 

representatives of affected collective bargaining units to 2013, 2014, and 2015. -- 

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HB2007 HD1 



HB2013 HD2 (HSCR 711-12) RELATED TO MIXED MARTIAL ARTS. 

Introduced by: Chang J, Ito K, Tsuji C, Awana K, McKelvey A, Yamashita K, Mizuno J, 

Okamura T, Cullen T, Ichiyama L 

Amends provisions relating to definitions under mixed martial arts contests law. Requires 

kickboxing, pankration, muay thai, and xtreme martial arts to be considered mixed martial 

arts. -- HB2013 HD2 


Mar=08 12 Multiple Referral to EDT then CPN 

HB2018 HD1 (HSCR 43-12) RELATING TO FORECLOSURES. 


Repeals provisions relating to unfair or deceptive act or practices and replaces with 

provisions relating to unfair or deceptive act or practice; transfer of title. Requires that 

any foreclosing mortgagee who engages in certain violations commits an unfair or 

deceptive act or practice. Provides list of violations that construe an unfair or deceptive 

act or practice. Provides that the transfer of title to the purchaser of the property as a 

result of the foreclosure is only to be subject to avoidance if the violations are shown to 

be substantial and material and provided that a foreclosure sale is not subject to 

avoidance for a violation of completing nonjudicial foreclosure proceeding during short 

sale escrow with a bona fide purchaser. -- HB2018 HD1 



HB2019 HD1 (HSCR 946-12) RELATING TO MORTGAGES. 


Establishes provisions relating to deficiency judgment prohibited for short sales of certain 

mortgaged residential property. Prohibits a deficiency to be owed or collected, and no 

deficiency judgment to be requested or rendered, for any deficiency upon a note secured 

by a mortgage for a residential property of not more than 4 units, in any case in which the 

mortgagor sells the property for a sale price less than the remaining amount of the 

indebtedness outstanding at the time of sale, in accordance with the written consent of 

the mortgage holder. -- Prohibits a court from awarding a deficiency judgment against the 

mortgagor in a foreclosure action notwithstanding any deficiency of the proceeds 

collected in the public sale and a balance remaining due on the indebtedness. -- HB2019 

HD1 



HB2023 RELATING TO THE CENTER FOR NURSING. 

Introduced by: Lee M, Awana K, Takai K, Cabanilla R, Mizuno J 


by repealing the sunset date for the center for nursing fee and the requirement that the 

director of commerce and consumer affairs disburse the funds from the fee in an account 

in the compliance resolution fund to the credit of the center for nursing special fund. -- 

HB2023 



HB2024 HD1 (HSCR 684-12) RELATING TO EMPLOYMENT SECURITY. 

Introduced by: Lee M, Takai K, Chong P, Awana K, Mizuno J, Ward G, McKelvey A 

Establishes, within the department of labor and industrial relations, a temporary program 

to be known as the self employment assistance program required to be developed by the 

department of labor and industrial relations and approved by the director of labor and 

industrial relations. Makes unemployed participants eligible for benefits under the federal 

Emergency Unemployment Compensation Program subject to specifications. Act to be 

repealed on June 30, 2015 (sunset). -- HB2024 HD1 



HB2030 HD2 (HSCR 911-12) RELATING TO THE STATEWIDE TRAFFIC CODE. 

Introduced by: Keith-Agaran G, Luke S, Cullen T, Fontaine G, Aquino H, Brower T, 

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March 8, 2012 68


Takumi R, Nishimoto S, Nakashima M, Morikawa D, Yamashita K, Souki J, Say C, 

Kawakami D, Lee C, Johanson A, Rhoads K 

Amends provisions relating to following emergency vehicle by adding or passing and 

deleting prohibited. Requires a driver who is approaching a stationary emergency vehicle 

that has its visual signals activated, a driver who is passing the stationary emergency 

vehicle, unless otherwise directed by a police officer or person of authority, to vacate the 

lane directly next to the stationary emergency vehicle, when driving on a highway with 2 

or more lanes traveling in the direction of the stationary emergency vehicle and continue 

to travel in that lane until at least 500 feet beyond the stationary emergency vehicle, 

provided that the driver is able to execute the lane change safely before reaching the 

stationary emergency vehicle and without causing an unsafe traffic condition; slow to a 

safe and appropriate speed when driving on a highway traveling in the direction of the 

stationary emergency vehicle, and continue to drive at a speed no greater than is 

reasonable and prudent, given the actual and potential hazards and conditions then 

existing, until at least 500 hundred feet beyond the stationary emergency vehicle. Makes 

it a petty misdemeanor. -- HB2030 HD2 


Mar=08 12 Single Referral to TIA/ PGM/ 

HB2046 RELATING TO ADULT AND COMMUNITY EDUCATION. 

Introduced by: Ito K, Chang J, Cabanilla R, Okamura T, Aquino H, Marumoto B, 

Fontaine G, Souki J, Say C, Ichiyama L, McKelvey A, Manahan J, Awana K, Lee M, 

Chong P, Tsuji C, Thielen C, Johanson A, Rhoads K, Kawakami D 

Amends provisions relating to financing adult and community education program by 

adding special fund. Establishes the adult and community education program special 

fund administered by the department of education into which shall be deposited 

appropriations made by the legislature and fees collected from students enrolled in the 

program. Requires the fund to include a separate account for each community school 

for adults. -- HB2046 



HB2047 HD1 (HSCR 686-12) RELATING TO INFORMATION PROTECTION. 

Introduced by: Ito K, Manahan J, Har S, Tsuji C, Chang J 

Establishes provisions relating to identity theft prevention policy and procedure; 

requirements; penalty. Requires every business that maintains personal information to 

implement a comprehensive, written policy and procedure to prevent identity theft. 

Requires the business to train all employees in the implementation of the policy and 

procedures to prevent identity theft. Establishes fines. -- Amends provisions relating to 

social security number protection by changing it to protection of personal information. -- 

Amends provisions relating to policy and oversight responsibility. Requires the 

designated agency or business employee to have policy and oversight responsibilities 

for the protection of personal information by specifying business employee. -- HB2047 

HD1 


Mar=08 12 Multiple Referral to EDT/ CPN/ then JDL 



Amends provisions relating to certificate of registration under the transient 

accommodations law. Requires the website address to a website containing the operator 

or plan manager's registration identification number to be displayed conspicuously in all 

advertisements and solicitations and on all operator or plan manager maintained 

websites regarding transient accommodations for which the registration is issued, unless 

10 or fewer registration identification numbers are to be listed, in which case the 

registration identification number shall be displayed conspicuously directly on the 

advertisement, solicitation, or website. Provides that if the operator resides out of state 

or on another island from where the transient accommodations are located, contact 

information of an agent who resides on the island on which the transient 

accommodations are located shall be included. -- HB2078 HD2 


Mar=08 12 Multiple Referral to TSM then CPN 

HB2079 HD1 (HSCR 682-12) RELATING TO THE STATE MICROBE. 

Introduced by: Tokioka J 

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March 8, 2012 69


Designates the bacterium Nesiotobacter exalbescens, translated from Latin as an island 

derived rod whose color fades to white, as the official microbe of the State. -- HB2079 

HD1 


Mar=08 12 Single Referral to HTH 

HB2093 HD2 (HSCR 328-12) RELATING TO AGRICULTURAL EDUCATION. 

Introduced by: Nakashima M, Evans C, Hashem M, Chang J, Tsuji C, Hanohano F, 

Herkes R 

Establishes provisions relating to the center for agricultural leadership. Establishes the 

center within the university of Hawaii at Hilo college of agriculture, forestry, and natural 

resources, management to encourage the development of agricultural education, provide 

opportunities for agriculture teacher education, and make a positive difference in the lives 

of students and develop their potential for premier leadership, personal growth, and 

career success through agricultural education. Requires the center to collaborate with 

the department of education and other relevant organizations and agencies. Requires 

the center to be headed by a director who shall be appointed by the board of regents of 

the university of Hawaii and who shall be responsible for the mission, direction, and goals 

of the center, to develop partnerships with agricultural organizations and stakeholders 

to further the center's mission and objectives, maintain and support the Future Farmers 

of America program or successor organization, and recommend projects and programs 

to promote the expansion and development of the agricultural industry in Hawaii. -- 

Requires the university to establish a 2 year pilot project within the center for agricultural 

leadership to determine the steps necessary for farms operated through school programs 

to achieve food safety certification by the department of agriculture. Requires the project 

to be conducted at 1 high school in each county. Reports to the legislature. 

Appropriation. ($$) -- HB2093 HD2 




Introduced by: Rhoads K, Yamashita K, Okamura T, Tokioka J, Say C, Chong P, 

Ichiyama L, Hashem M, McKelvey A, Morikawa D, Takai K, Jordan J, Oshiro M, Lee M, 

Kawakami D, Lee C, Aquino H, Manahan J, Evans C, Ito K, Mizuno J, Cullen T, Awana 

K, Nishimoto S, Herkes R, Yamane R, Brower T, Choy I, Tsuji C, Wooley J, Chang J, Har 

S, Belatti D, Cabanilla R, Carroll M, Keith-Agaran G, Hanohano F, Coffman D, Luke S, 

Nakashima M 

Amends provisions relating to the Hawaii employment security law. Amends weekly 

benefit amount; computation, minimum and maximum. Changes the beginning date to 

start the 70 per cent maximum weekly benefit amount from January 1, 2012 to January 

1, 2013. Extends the 75 per cent maximum weekly benefit amount to begin again on 

April 1, 2012 and end on December 31, 2012. Requires contribution rate schedule F to 

apply for calendar year 2012. Amends provisions relating to employment and training 

fund established. Allows moneys in the employment and training fund to be used to fund 

the payment of interest due on Title XII advances made under the provisions of section 

1202(b) of the Social Security Act to the unemployment compensation fund. -- Amends 

provisions relating to employment and training assessment. Requires any interest due 

on a Title XII advance to be paid from the employment and training fund assessment. 

Allows the director of labor and industrial relations discretion to determine the amount of 

the employment and training assessment rate for the calendar year 2012 in increments 

of .01 per cent. Prohibits any amounts collected but not applied to interest payments due 

in 2012, from being returned retroactively to any employer and requires such amounts 

to be retained in the employment and training fund. Repealed on January 1, 2013 

(sunset). -- Allows the director to borrow moneys from the federal government pursuant 

to title XII of the Social Security Act to cover the insolvency of the unemployment 

compensation fund. -- Requires the act to apply retroactively to January 1, 2012. -- 

HB2096 HD1 

Current Status: Mar=08 12 Passed Legislature 

HB2097 HD2 (HSCR 796-12) RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO 

ASSIST NOT-FOR-PROFIT CORPORATIONS THAT PROVIDE HEALTH CARE 

FACILITIES TO THE GENERAL PUBLIC. 



which authorizes the issuance of special purpose revenue bonds to assist the Queen's 

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March 8, 2012 70


health systems by extending the period to June 30, 2017 (sunset). -- HB2097 HD2 



HB2099 HD1 (HSCR 628-12) RELATING TO WORKERS' COMPENSATION. 


Amends provisions relating to costs under workers' compensation law. Permits 

reasonable attorney's fees to be included as part of the whole costs of the proceedings 

that the director of labor and industrial relations, appellate board, or court may assess 

against a party who has brought, prosecuted, or defended in any proceeding under 

workers' compensation law without reasonable ground. -- HB2099 HD1 



HB2100 HD2 (HSCR 750-12) RELATING TO BEES. 

Introduced by: Tsuji C, Hashem M, Hanohano F, Brower T, Yamashita K, Evans C, 

Chang J, Choy I, Awana K, Nishimoto S, McKelvey A, Nakashima M, Herkes R 

Appropriation to the university of Hawaii for a statewide bee hive research conducted 

through the university of Hawaii system, including the purchase of hives and related 

equipment. Requires the university of Hawaii to consult with the department of 

agriculture. ($$) -- HB2100 HD2 



HB2103 HD2 (HSCR 924-12) RELATING TO THE BANK OF THE STATE OF HAWAII. 

Introduced by: Say C, Oshiro M, Herkes R, McKelvey A, Choy I, Tsuji C 

Requires the department of commerce and consumer affairs, in conjunction with the 

department of accounting and general services, the department of agriculture, the 

department of the attorney general, the department of budget and finance, the 

department of human resources development, the department of land and natural 

resources, the Hawaii housing finance and development corporation, the agribusiness 

development corporation; and the public land development corporation to conduct a 

comprehensive review of the State's laws relating to financial institutions, mortgage 

lending, housing development, agricultural development, and land use for the purpose 

of developing proposed legislation to establish a bank of the State of Hawaii. Reports 

to the legislature. Appropriation out of the compliance resolution fund. -- Requires the 

Hawaii housing finance and development corporation to establish an interim purchase 

program to address problematic mortgages until the bank is established. ($$) -- HB2103 

HD2 



HB2106 HD1 (HSCR 782-12) RELATING TO STUDENT ACTIVITY FUNDS. 

Introduced by: Lee M, Nishimoto S, Takai K, Awana K, Mizuno J 

Amends provisions relating to inactive student activity accounts. Repeals 5 year period 

and allows student activity funds that are left in school's nonappropriated local school 

fund account after the graduation of the class to which the funds belong to be made 

available for use by the school for general school needs. -- HB2106 HD1 



HB2113 HD1 (HSCR 708-12) RELATING TO FIRE PROTECTION. 

Introduced by: Yamane R, Manahan J, Cullen T, Aquino H 

Establishes provisions relating to aerial luminaries; prohibited. Provides that it shall be 

unlawful to ignite, possess, sell, or otherwise use aerial luminaries commonly known as 

sky lanterns, Hawaii lanterns, and flying luminaries. Establishes fines. -- HB2113 HD1 



HB2121 HD2 (HSCR 906-12) RELATING TO RENEWABLE ENERGY. 

Introduced by: Chong P, Yamashita K 


Prohibits a taxpayer to claim a tax credit for installing a renewable energy system for, or 

entering into a power purchase agreement with, any county, state, or federal agency. -- 


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March 8, 2012 71


of accounting to purchase renewable energy systems for state facilities that are operated 

by programs funded by general funds. ($$) -- HB2121 HD2 



HB2122 HD2 (HSCR 831-12) RELATING TO THE PROCUREMENT CODE. 

Introduced by: Chong P, Har S, Say C, Yamashita K 

Establishes provisions relating to temporary exemption of certain construction and design 

build procurements from protest and administrative review of nonresponsive offeror 

determination. Allows the governor or the mayor of a county to exempt a procurement 

for a construction or design build contract under the governor's or mayor's jurisdiction 

from protest and administrative review of a nonresponsible offeror determination under 

certain conditions. -- Act to be repealed on June 30, 2014 (sunset). -- HB2122 HD2 



HB2127 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR 

HAWAII PREPARATORY ACADEMY. 

Introduced by: Evans C, McKelvey A, Hanohano F, Chang J, Awana K, Coffman D 

Amends Act 116, session laws of 2007, which authorizes the issuance of special purpose 

revenue bonds to assist Hawaii Preparatory Academy, to finance or refinance the 

planning, construction, and improvement of its educational facilities in the State by 

extending the period to June 30, 2017 (sunset). -- HB2127 



HB2133 RELATING TO DOMESTIC VIOLENCE. 

Introduced by: Mizuno J, Manahan J, Aquino H, Brower T, Awana K, Yamane R 

Amends provisions relating to holidays. Requires October to be known as domestic 

violence awareness month, but not be construed as a state holiday. -- HB2133 


Mar=01 12 Single Referral to HMS/ EDT/ 

HB2143 RELATING TO PUBLIC HOUSING. 


Amends provisions relating to nomination of resident board member under Hawaii public 

housing authority law. Changes the number of individuals on the list the resident 

advisory board is required to submit for the governor's consideration when a vacancy 

occurs for the resident member seat on the board from 5 to no less than 3 but no more 

than 5. -- HB2143 


Mar=08 12 Single Referral to HMS 

HB2145 HD2 (HSCR 891-12) RELATING TO ECONOMIC DEVELOPMENT. 

Introduced by: McKelvey A, Say C, Evans C 

Establishes that it is the policy of the state to delineate the key economic sectors of 

importance for economic diversification in Hawaii and to identify some of the key projects 

within economic sectors of importance in Hawaii to be completed by December 31, 2023 

under the Hawaii State planning Act, including projects in the renewable energy, 

broadband, infrastructure and construction, aerospace, visitor industry, film and digital 

media, and military economic sectors. -- HB2145 HD2 



HB2150 HD2 (HSCR 691-12) RELATING TO AGRICULTURAL LANDS. 

Introduced by: Chang J, Tsuji C, Hashem M, Ito K, Har S, Herkes R, Souki J, Ichiyama 

L 

Amends provisions relating to districting and classification of lands. Allows photovoltaic, 

biogas, and other small scale renewable energy systems producing energy solely for use 

in the agricultural activities of the fee or leasehold owner of the property. -- HB2150 HD2 


Mar=08 12 Single Referral to AGL/ ENE/ WLH/ 

HB2152 HD2 (HSCR 951-12) RELATING TO WORKERS' COMPENSATION. 

Introduced by: Souki J, Rhoads K, Cullen T, Aquino H, Keith-Agaran G, Oshiro M 

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March 8, 2012 72


Requires the office of the auditor to conduct a study on the workers' compensation 

reimbursement system in Hawaii. Requires the study to analyze the concerns within the 

healthcare community about the difficulty in providing healthcare services in workers' 

compensation cases due to their low reimbursement rates, the study's analysis to include 

specified concerns. Report to the legislature. -- HB2152 HD2 



HB2153 HD1 (HSCR 326-12) RELATING TO TOLL ROADS. 

Introduced by: Souki J, Ichiyama L, Yamashita K 

Establishes provisions relating to toll roads; agreement with private entities. Allows the 

department of transportation to request competing proposals from private entities by 

advertising and to enter into written agreements with private entities relating to the 

construction of toll roads by private entities; and the lease of toll roads constructed. 

Requires any agreement with a private entity to have various provisions, including 

prohibition against construction of a toll road where there is no alternative toll free route 

available for public use. Prohibits the director of transportation from approving more than 

2 proposals. Provides that nothing in new provision prohibits the director from 

designating any existing public highway owned by the State as a toll road or from 

imposing toll charges if there is a toll free alternative route available for public use. -- 

Establishes provisions relating to prior determination of feasibility. Requires the director 

to determine the feasibility of imposing toll charges on the use of any existing public 

highway or road owned by the State or constructing any new highway or road in the State 

for which use toll charges are to be imposed. -- HB2153 HD1 



HB2154 HD2 (HSCR 405-12) RELATING TO SPECIAL MANAGEMENT AREA USE PERMITS. 

Introduced by: Souki J, McKelvey A, Chang J, Oshiro M, Har S, Say C, Chong P, Ito K, 

Yamashita K 

Amends provisions relating to airports, general under aeronautics law. Exempts all 

structures and improvements to land to be used for airport purposes from having to 

obtain a special management area minor permit or special management area use permit 

if the structures and improvements are necessary to comply with Federal Aviation 

Administration regulations. Act to be repealed on June 30, 2013 (sunset). -- HB2154 

HD2 


Mar=08 12 Multiple Referral to TIA then WLH 

HB2162 HD1 (HSCR 627-12) RELATING TO UNIFORM COMMERCIAL CODE ARTICLE 9. 


Establishes provisions relating to transition provisions for 2010 amendments under 

secured transactions under the uniform commercial code. Includes provisions for public 

organic record, rules for collateral, information statements. -- HB2162 HD1 



HB2169 HD2 (HSCR 921-12) RELATING TO PUBLIC ACCOUNTANCY. 


Repeals and replaces provisions relating to peer review process under the public 

accountancy law. Amends Act 66, session laws of 2010, by repealing the requirement 

that the board of accountancy adopt rules relating to the repealed peer review provision. 

-- HB2169 HD2 



HB2174 HD1 (HSCR 639-12) RELATING TO CAMPAIGN SPENDING. 

Introduced by: Keith-Agaran G, Rhoads K, Belatti D, McKelvey A, Luke S, Lee C 

Amends provisions relating to elections. Defines entity to mean a partnership, a 

candidate committee or noncandidate committee, a party, an association, a corporation, 

a business entity, an organization, or a labor union and its auxiliary committees. 

Requires the campaign spending commission to ascertain whether any person has failed 

to file a report. Requires every report required to be filed by an individual or entity to be 

certified as complete and accurate. Requires all reports be made available for public 

inspection on the commission's website in a searchable database. Requires schedules 

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March 8, 2012 73


files to include the amount and date of each contribution made, and the name and 

address of the candidate, candidate committee, or noncandidate committee to which the 

contribution was made. Requires that expenditures for advertisements or electioneering 

communication shall include the names, if known, of the candidates identified or to be 

identified; independent expenditures to include the name of any candidate referenced; 

and for noncandidate committees making independent expenditures only, certification 

that no expenditures have been coordinated with a candidate, candidate committee, or 

noncandidate committee, or any agent of a candidate, candidate committee, or 

noncandidate committee. Further requires any expenditure that is contracted or paid for 

and that is to be rendered during the last 3 days of an election period to be included in 

a late expenditure report. Amends late contributions report to include late expenditures. 

Requires that if an electioneering expenditure is made by an entity, the names and titles 

of the executives or board of directors who authorized the expenditure be filed with the 

commission. Amends provisions relating to advertisements to include electronic means 

and establishes notice requirements for advertisement paid for a person other than the 

candidate or candidate committee. -- Requires the campaign spending commission to 

enhance its website to make all reports available to the public by a searchable database. 

-- HB2174 HD1 



HB2175 HD2 (HSCR 797-12) RELATING TO ETHICS. 

Introduced by: Keith-Agaran G, Rhoads K, Say C, Cabanilla R, Tsuji C, Luke S, Herkes 

R, Carroll M, McKelvey A, Ito K, Souki J, Yamashita K, Chong P, Brower T 

Amends provisions relating to definitions under the standards of conduct law. Defines 

task force to mean a group convened by resolution, statute, executive order, 

proclamation, or by invitation of the legislature, governor, or another state officer, to study 

a specific subject or issue, for a specific defined period of time, and to report to, offer a 

recommendation to, or advise the legislature, governor, or a state officer. Redefines 

employee by excluding members of a task force who but for their service with task force 

would not be considered an employee. -- HB2175 HD2 



HB2179 RELATING TO THE AUDITOR. 


Amends provisions relating to the salary of the auditor and appropriations. Requires that 

the salary of the auditor not be diminished during the auditor's term of office, unless by 

general law applying to all salaried officers of the State. -- HB2179 



HB2181 RELATING TO VACANCIES. 


Amends provisions relating to the board of trustees, office of Hawaiian affairs. Provides 

that if a vacancy occurs not later than on the 75th day prior to the next succeeding 

special election, the vacancy shall be filled for the unexpired term at the next succeeding 

special election held in conjunction with the general election. Requires all candidates for 

the unexpired term to file nomination papers on the 16th day prior to the special election. 

Provides that if a vacancy occurs after the 75th day prior to the next succeeding special 

election, the board or the governor shall make an appointment to fill the vacancy. -- 

HB2181 


Mar=08 12 Multiple Referral to HWN/ PGM/ then JDL 

HB2183 HD1 (HSCR 806-12) RELATING TO THE CONVENTION CENTER. 


Establishes provisions relating to the convention center district. Requires the Hawaii 

tourism authority to serve as the local redevelopment authority of the district to develop 

uses and activities that promote and encourage use of the convention center. Establishes 

the convention center district boundaries, board, and policies, and the convention center 

district revolving fund. -- HB2183 HD1 


Mar=08 12 Multiple Referral to TSM/ WLH/ then WAM 

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March 8, 2012 74


HB2226 HD2 (HSCR 736-12) RELATING TO AN AUTOMATED VICTIM NOTIFICATION SYSTEM. 

Introduced by: Lee M, Thielen C, Morikawa D, McKelvey A, Marumoto B, Mizuno J, 

Ichiyama L, Pine K, Hanohano F 

Establishes provisions relating to an automated victim notification system. Requires the 

department of public safety to establish a statewide automated victim information and 

notification system to automatically notify a registered victim or concerned member of the 

community of the status of the offender. Requires the prosecuting agency to notify the 

victim of their right to register and makes the victim responsible for registering. Requires 

the attorney general, the chiefs of police, and the prosecuting attorneys to cooperate in 

establishing and maintaining the system. Establishes the automated victim information 

and notification system special fund administered by the department to be used for the 

system. Establishes an automated victim information and notification system governance 

committee to advise the department. Appropriation out of the special fund. ($$) -- 

HB2226 HD2 



HB2227 HD1 (HSCR 358-12) RELATING TO BIRTH CERTIFICATES. 

Introduced by: Lee M, McKelvey A, Pine K, Thielen C, Morikawa D, Hanohano F, Evans 

C, Jordan J 

Amends provisions relating to establishment of new certificates of birth, when. Changes 

the circumstances under which the department of health is required to establish a new 

certificate of birth from receipt of an examining physician affidavit stating the sex 

designation was entered incorrectly on a birth certificate or that the birth registrant had 

a sex change operation to a written request from a birth registrant that the department 

issue a birth certificate with a gender designation that differs from the gender designated 

on the birth registrant's original birth certificate; a notarized statement from a treating or 

evaluating physician stating that the birth registrant's sex designation was entered 

incorrectly on the original birth certificate or that the birth registrant has undergone 

surgical, hormonal, or other gender transition treatment and that the gender designation 

should be changed accordingly; and if the birth registrant requests a name change on the 

new certificate, an official copy of the legal name change document. Prohibits new 

certificates from being marked as having been amended and from revealing the original 

language changed by the amendment. Adds to the condition under which sealed 

documents are required to be opened at request by the birth registrant. Prohibits the 

department from requiring any additional medical information or records. Gives birth 

registrants cause of action to petition a court for a new certificate where the department 

refuses to establish a new birth certificate. -- HB2227 HD1 



HB2228 HD2 (HSCR 704-12) RELATING TO BREASTFEEDING IN THE WORKPLACE. 

Introduced by: Marumoto B, Thielen C, Morikawa D, McKelvey A, Hanohano F, Evans 

C, Carroll M, Yamane R, Lee M 

Establishes provisions relating to breastfeeding under wage and hour law. Prohibits 

employers from prohibiting an employee from expressing breastmilk during any meal 

period or other break period required by law to be provided by the employer or required 

by collective bargaining agreement. Requires employers to make reasonable efforts to 

provide a clean location other than a bathroom where an employee may express breast 

milk in privacy. Requires employers to post notice as prescribed by the director of labor 

and industrial relations in the application of this act in a conspicuous place accessible to 

employees. Establishes civil fine. Repeals provisions relating to breastfeeding under 

employment practices law. -- HB2228 HD2 




Introduced by: Jordan J, Morikawa D, McKelvey A, Mizuno J, Marumoto B, Belatti D, 

Pine K, Riviere G, Wooley J, Hanohano F, Evans C, Carroll M, Yamane R, Lee M 

Establishes provisions relating to pelvic examinations on anesthetized or unconscious 

female patients. Prohibits physicians, osteopathic physicians, surgeons, or medical 

students from performing a pelvic examination on an anesthetized female patient unless 

prior informed verbal or written consent was given, the physician, osteopathic physician, 

surgeon or medical student has the patient's permission to be involved in the patient's 

care and a pelvic examination is within the scope of care for the surgical procedure or 

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March 8, 2012 75


diagnostic examination scheduled to be performed, or on a female patient who is 

unconscious unless the examination is required for diagnostic purposes. -- HB2232 HD2 



HB2238 HD1 (HSCR 685-12) RELATING TO MOTOR VEHICLES. 

Introduced by: Ward G 

Amends provisions relating to reimbursement for parts under the motor vehicle industry 

licensing act. Prohibits a manufacturer or distributor to recover, or attempt to recover, 

from dealers its cost for reimbursing a dealer for warranty work. -- HB2238 HD1 



HB2241 HD1 (HSCR 678-12) RELATING TO ANTIQUE GAMBLING DEVICES. 

Introduced by: Hashem M, McKelvey A, Yamashita K, Carroll M, Tsuji C, Evans C 

Amends provisions relating to possession of a gambling device. Exempts possession 

of any antique gambling device. Defines antique gambling device to mean any 

inoperable, nonelectronic, mechanical gambling device that is 25 years or older from the 

date of manufacture and is used for display purposes only. -- HB2241 HD1 



HB2242 HD1 (HSCR 104-12) RELATING TO CONTINUING EDUCATION FOR VETERINARIANS. 

Introduced by: Hashem M, Keith-Agaran G, Herkes R, Ichiyama L, Wooley J, Aquino H, 

Yamane R 

Amends provisions relating to veterinary medicine law. Adds definitions for continuing 

education courses and for credit hour. Amends provisions relating to licenses. Provides 

that failure to renew licenses on or before June 30 of even numbered years automatically 

constitutes a forfeiture of license but allows restoration upon written application, if fees 

and documentation of completion of continuing education credits are submitted. 

Requires that prior to June 30, 2016 and every license renewal thereafter, licensees pay 

all required fees and complete at least 20 credit hours of continuing education within the 

2 year period preceding the renewal date. Exempts licensees who have graduated within 

1 year of the 1st license renewal from continuing education requirement for the 1st 

renewal. Requires licensees to certify compliance with continuing education 

requirements under oath and allows the board of veterinary examiners to require 

licensees to submit additional evidence of compliance with the requirement. Allows the 

board to conduct random audits to determine compliance with continuing education 

requirements. -- HB2242 HD1 



HB2244 HD1 (HSCR 339-12) RELATING TO AGRICULTURE INSPECTORS. 

Introduced by: Hashem M, Tsuji C, Evans C 

Amends provisions relating to rules under the department of agriculture. Requires the 

department to establish, maintain, and enforce compliance agreements with federal or 

state departments of agriculture authorizing agriculture inspectors from the state of origin 

to monitor the growing and packing of commodities, any treatment procedures to insure 

compliance to quarantine laws, and the assessment of fees for conducting inspections. 

-- HB2244 HD1 


Mar=08 12 Multiple Referral to AGL/ PGM/ then WAM 

HB2246 HD2 (HSCR 892-12) RELATING TO HAIKU VALLEY. 

Introduced by: Ito K, Chong P, Yamane R, Har S, Tsuji C, Carroll M, Thielen C, Chang 

J 

Establishes the Haiku Valley cultural preserve law. Establishes the Haiku valley cultural 

preserve for the preservation and practice of all rights customarily and traditionally 

exercised by native Hawaiians for cultural, spiritual, and subsistence purposes, 

preservation and protection of the area's cultural, archaeological, historical, and 

environmental resources, rehabilitation, re vegetation, habitat restoration, and 

preservation, education, and other purposes as determined by the Haiku valley cultural 

preserve commission. Establishes the commission within the department of land and 

natural resources. Requires the commission to establish criteria, policies, and controls 

for permissible uses within the valley, approve contracts for services, advise the 

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March 8, 2012 76


department of land and natural resources, governor, and department on matters relating 

to the valley, advise the office of planning and the department of the attorney general on 

matters relating to the conveyance of the valley to the department, and enter in curator 

or stewardship agreements with Hawaiian cultural and spiritual community organizations 

for the perpetuation of native Hawaiian cultural, religious, and subsistence customs, 

beliefs, and practices. -- Establishes the Haiku valley cultural preserve trust fund to be 

administered by the department of land and natural resources with the approval of the 

commission. Annual report to the legislature. -- Authorizes the office of state planning 

and the department of the attorney general to initiate the conveyance of the valley to the 

department of land and natural resources. Appropriation. ($$) -- HB2246 HD2 



HB2248 HD2 (HSCR 788-12) RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR 

HAWAII PACIFIC UNIVERSITY. 

Introduced by: Ito K, Nishimoto S 

Authorizes the issuance of special purpose revenue bonds to assist Hawaii Pacific 

university, a private not for profit university, and 1 or more of its affiliates to finance, 

refinance, and reimburse costs related to the planning, acquisition, and construction of 

its educational facilities including student housing and athletic facilities, renovation of 

existing educational facilities, purchase of tangible assets including land and 

improvements, acquisition and installation of information technology, and other 

capital-related projects. Authorizes the issuance of refunding special purpose revenue 

bonds to refund the special purpose revenue bonds. ($$) -- HB2248 HD2 



HB2249 HD2 (HSCR 941-12) RELATING TO LANDFILLS. 

Introduced by: Ito K, Tsuji C, Yamane R, Carroll M, Thielen C, Chang J 

Establishes provisions relating to alternative daily cover; reporting. Requires alternative 

daily covers to be processed to prevent gaps in the exposed landfill face. Requires 

permitted landfills to track daily the types, amounts, and origins of alternative materials 

used. -- Amends provisions relating to solid waste management priorities. Requires the 

department of health and each county to encourage recycling and facilitate the disposal 

of residual wastes produced in the recycling process. Requires all state and county 

agencies to give to the maximum extent practicable preferential treatment to the disposal 

of residual recycling wastes in landfill and incineration disposal facilities. Prohibits state 

and county agencies from prohibiting the disposal of residual recycling wastes in landfill 

or incineration disposal facilities. -- HB2249 HD2 


Mar=08 12 Multiple Referral to ENE/ PGM/ then WAM 

HB2250 HD2 (HSCR 865-12) RELATING TO THE EMERGENCY ENVIRONMENTAL WORKFORCE. 

Introduced by: Chang J, Har S, Chong P, Manahan J, Yamashita K, Souki J, Mizuno J, 

Awana K, Rhoads K, Jordan J, Tokioka J, Kawakami D, Ichiyama L, Hashem M, 

Nishimoto S, Cabanilla R, Tsuji C, Hanohano F, Keith-Agaran G, Morikawa D, Cullen T, 

Oshiro M, Ito K, Evans C, Herkes R, Aquino H, Coffman D, Brower T 

Establishes the emergency environmental workforce attached to the research corporation 

of the university of Hawaii. Requires the workforce to employ approximately 500 to 750 

individuals who were terminated from their jobs as a result of the local economic 

downturn as 6 month contract employees; supplement current services being provided 

for the maintenance and strengthening of watersheds throughout the State, eradication 

of the miconia plant and other invasive plants, and the reduction of coqui frog, coffee 

borer beetle, and fire ant populations; and coordinate its efforts with the department of 

agriculture, department of land and natural resources, and the invasive species 

committees of Hawaii. Requires the research corporation together with the Pacific 

Cooperative Studies Unit, develop a planning, administration, implementation, and 

evaluation strategy; develop a recruitment and public information plan; develop a strategy 

for the interviewing and selection of program participants; request the attorneys 

employed or retained by the university to prepare employment contracts; and submit 

reports to the legislature and the governor. Appropriations out of the special land and 

development fund, the forest and wildlife resource fund, the land conservation fund, water 

resource management fund, natural area reserve fund, the forest stewardship fund, the 

pest inspection, quarantine, and eradication fund, and the general fund. Requires prior 

approval of the Pacific Cooperative Studies Unit. -- Authorizes the issuance of general 

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obligation bonds for appropriation to the research corporation for the emergency 

workforce to fence lands and easements in the state conservation district to protect 

watershed lands and mitigate invasive species. Provides that moneys appropriated from 

the general fund and the revenues from the general obligation bonds shall be released 

and expended only when about 65 per cent of the other moneys appropriated from other 

funds have been authorized for expenditure by the director of finance. ($$) -- HB2250 

HD2 


Mar=08 12 Multiple Referral to WLH/ ENE/ EDU/ then WAM 

HB2251 RELATING TO ELECTIONS. 

Introduced by: Morikawa D, Keith-Agaran G 

Amends provisions relating to a request for an absentee ballot. Requires the respective 

clerk to mail an absentee ballot to each registered voter who resides on any island of a 

county that is not contiguous with the island where the county seat of government is 

located; provided that the county has a population of less than 100,000. -- HB2251 



HB2254 HD1 (HSCR 544-12) RELATING TO THE PRETAX TRANSPORTATION BENEFIT. 

Introduced by: Morikawa D, Hanohano F 

Establishes provisions relating to pretax transportation benefit program; statewide; 

reports. Allows each chief executive to establish a wage and salary reduction benefit 

program which qualifies as a pretax transportation benefit program. Allows eligible 

employees to elect to reduce their pretax compensation in return for payment by the 

jurisdiction of the expenses of eligible benefits. Authorizes each chief executive to enter 

into all contracts necessary to establish, administer, or maintain the pretax transportation 

benefit programs. -- HB2254 HD1 



HB2257 HD1 (HSCR 177-12) RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING. 

Introduced by: Aquino H, Cullen T, Manahan J, Yamane R, Ito K, Yamashita K, Ichiyama 

L, Say C, Luke S, Souki J, Har S 

Establishes provisions relating to licensure by endorsement; experience requirements, 

and licensure; expedition of issuance; temporary permits, under the uniform professional 

and vocational licensing act. Allows an applicant for licensure by endorsement to 

demonstrate competency in a specific occupation or profession as determined by the 

licensing authority by rule in lieu of a requirement that the applicant has worked or 

practiced in that occupation or profession for a specified period of time prior to the 

application for licensure by endorsement unless otherwise provided by law. Allows every 

licensing authority to establish by rule a procedure to expedite the issuance of a license, 

certification, or permit to perform services regulated by the licensing authority to persons 

who are certified or licensed to perform services in another state, whose spouse is a 

member of the armed forces of the US, whose spouse is the subject of a military transfer 

to Hawaii, and who left employment to accompany the person's spouse to Hawaii. Allows 

the procedure to include issuance of a license, certificate, or permit where licensure in 

the other state is equal to or greater than Hawaii requirements, and developing a method 

to authorize performance under a temporary permit for a limited time to allow the person 

complete necessary requirements. -- HB2257 HD1 



HB2258 HD2 (HSCR 737-12) RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING. 

Introduced by: Aquino H, Cullen T, Chong P, Manahan J, Yamane R, Ito K, Har S, 

Cabanilla R 

Establishes provisions relating to licensure; acceptance of military education, training, or 

service under the uniform professional and vocational licensing act. Requires every 

licensing authority to consider the education, training, or service completed by an 

individual as a member of the armed forces or reserves of the US, the national guard, the 

military reserves, or the naval militia of any state toward the qualifications to receive a 

license. Requires that the education, training, or service satisfy the training or experience 

requirement of the respective licensing authority unless the board determines that it is 

not substantially equivalent to the standards of the State. -- HB2258 HD2 


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March 8, 2012 78



HB2262 HD2 (HSCR 907-12) RELATING TO ENERGY. 

Introduced by: Coffman D, Chong P 

Amends provisions relating to the ethanol facility income tax credit by changing it to the 

renewable fuels facility income tax credit. Limits the tax credit to 5 years (sunset). 

Redefines name plate capacity to mean the qualifying renewable fuels production 

facility's production design capacity in British thermal units of fuel grade renewable fuels 

per year. Redefines qualifying renewable fuel production facility to mean production of 

renewable fuels from renewable feedstocks sold in the State. -- HB2262 HD2 




Introduced by: Yamashita K, Rhoads K 

Amends provisions relating to contribution rate schedules; fund solvency rate schedule; 

rates based on experience under Hawaii employment security law. Increases 

percentages in the contribution rate schedule for reserve ratios starting from -.0500 to 

-.0999 ending at -2.0000 and less. -- HB2264 HD2 



HB2265 HD2 (HSCR 838-12) RELATING TO THE STATE PROCUREMENT CODE. 



by repealing the sunset provisions changing small purchases to less than 100,000 dollars 

for goods or services and 25,000 dollars for construction; requiring security bonds for 

procurements greater than 50,000 dollars for construction; and requiring that 

procurements of 25,000 dollars to less than 100,000 dollars be made in accordance with 

small purchase procedures; provided that small purchase procurements through an 

electronic system shall be required after the policy board has adopted rules for electronic 

procurement and provided training to the affected agency. -- HB2265 HD2 



HB2266 HD1 (HSCR 98-12) RELATING TO INFORMATION TECHNOLOGY. 

Introduced by: Yamashita K, Chong P, Choy I, McKelvey A 


information technology steering committee; establishment; responsibilities. Provides that 

the membership of the information technology steering committee shall consist of 8 

members with 2 members to be selected by the senate president, 2 members to be 

selected by the speaker of the house of representatives, and 1 member to be appointed 

by the chief justice, and 2 members appointed by the governor. -- HB2266 HD1 


Mar=08 12 Single Referral to EDT 


ASSIST CLEARCOM, INC., IN THE DEVELOPMENT OF BROADBAND 

INFRASTRUCTURE IN HAWAII. 

Introduced by: Yamashita K, Kawakami D, Har S, Carroll M, Okamura T, Manahan J, 

Ichiyama L, Choy I, Tsuji C, Aquino H, McKelvey A, Yamane R, Ito K, Hashem M, 

Rhoads K, Souki J, Cullen T, Morikawa D, Keith-Agaran G, Nishimoto S 

Authorizes the issuance of special purpose revenue bonds to assist Clearcom, Inc., or 

a partnership headed by Clearcom, Inc., with the planning, permitting, design, 

construction, equipping, and operating of broadband infrastructure at locations 

throughout the State. Authorizes the issuance of refunding special purpose revenue 

bonds to refund the special purpose revenue bonds. ($$) -- HB2267 HD1 



HB2268 HD2 (HSCR 834-12) RELATING TO SMALL BUSINESS. 

Introduced by: Yamashita K, Choy I, Kawakami D, Okamura T, Manahan J, Yamane R, 

Ito K, Hashem M, Chong P, Nakashima M, Say C, McKelvey A, Ichiyama L, Morikawa 

D, Hanohano F, Keith-Agaran G, Rhoads K, Cullen T, Aquino H, Souki J, Tsuji C, 

Nishimoto S, Har S, Carroll M, Oshiro M 

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March 8, 2012 79


Amends provisions relating to a small business statement after public hearing. Requires 

that for any proposed rule that affects a small business, the agency shall submit a small 

business statement to the small business regulator review board. Allows the board to 

require another public hearing on the proposed rule provided that the board finds that a 

statement of the reasons for adopting the proposed rule indicates inconsistency with any 

of the agency's determinations or does not address the concerns of public input. -- 

HB2268 HD2 



HB2272 HD2 (HSCR 734-12) RELATING TO PROFESSIONS AND VOCATIONS. 


Amends provisions under professional engineers, architects, surveyors and landscape 

architects. Defines land surveying and professional surveyor. Redefines landscape 

architect to include a person who does perform professional services. Repeals the 

definitions of surveyor and land surveyor. -- HB2272 HD2 



HB2273 RELATING TO CONCUSSIONS. 


Requires the department of education and the Hawaii high school athletic association to 

develop a concussion educational program for students, parents, sports officials, school 

faculty, coaches, and staff, and school administrators about the signs and symptoms of 

a concussion and the procedures to follow if a person displays any of the signs or 

symptoms of a concussion. Provides annual educational sessions about the signs and 

symptoms of a concussion for coaches and athletic trainers; the need for the mandatory 

removal of a student from the athletic activity that the student is participating in, if the 

student demonstrates any signs and symptoms of a concussion; the need for a 

concussed student's licensed health care provider to evaluate the student and determine 

whether the student is able to return to a particular athletic activity; and the monitoring 

of a student's return to physical activity by the school's certified athletic trainer, if an 

athletic trainer is employed by the school. Provides that there is an educational program 

developed for school on how to develop a school's concussion awareness plan. Report 

to the legislature. -- HB2273 


Mar=08 12 Multiple Referral to EDU/ HTH/ then WAM 

HB2274 HD2 (HSCR 828-12) RELATING TO LONG-TERM CARE FACILITIES. 

Introduced by: Yamane R, Chong P, Say C, Mizuno J 

Establishes the nursing facility sustainability program law. Establishes the nursing facility 


into which shall be deposited revenues from the nursing facility sustainability fee, federal 

matching funds, and other moneys. Provides that 95 per cent of the fee shall match 

federal medicaid funds with the combined total to be used to enhance capitated rates to 

the QUEST and QUEST expanded access plans for the purpose of increasing medicaid 

nursing facility payments to the maximum permitted by federal law. Requires the 

department to charge and collect a provider fee on health care items or services provided 

by nursing facilities. Requires nursing facilities to pay the nursing facility sustainability 

fee on a per resident day basis exclusive of medicare resident days. Establishes 

penalties. Act to be repealed on June 30, 2013 (sunset). -- HB2274 HD2 



HB2275 HD2 (HSCR 932-12) RELATING TO HOSPITALS. 

Introduced by: Yamane R, Chong P, Mizuno J 

Establishes the hospital sustainability program law. Establishes the hospital 


into which shall be deposited revenues from the hospital sustainability fee and federal 

medicaid funds received as a result of matching revenue from the fee. Provides that no 

less than 95 per cent of the fee shall go to match federal medicaid funds, with the 

combined total to be used to enhance capitated rates to the QUEST and QUEST 

expanded access plans for increasing medicaid hospital payments to the maximum 

permitted by federal law. Requires the department to charge and collect a provider fee 

on health care items or services provided by hospitals. Establishes penalties. Act to be 

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March 8, 2012 80


repealed on June 30, 2013 (sunset). -- HB2275 HD2 


Mar=08 12 Multiple Referral to HTH/ HMS/ then WAM 

HB2276 HD1 (HSCR 702-12) RELATING TO SKATEBOARDS. 

Introduced by: Ichiyama L, Lee M 

Establishes provisions relating to skateboards; helmets; fine. Prohibits operation of a 

skateboard by any person unless that person is wearing a properly fitted and fastened 

skate helmet that has been tested by a nationally recognized agency such as the 

American Society for Testing and Materials, the US Consumer Product Safety 

Commission, or the Snell Memorial Foundation, and is designed to fit the user and 

protect against head trauma. Establishes a fine. -- HB2276 HD1 



HB2277 HD1 (HSCR 960-12) RELATING TO ALL-TERRAIN VEHICLES. 

Introduced by: Ichiyama L, Lee M 

Establishes provisions relating to all terrain vehicles. Prohibits any person less than 8 

years old to operate an all terrain vehicle. Establishes equipment requirements, 

prohibited acts by owners and operator and prohibited acts by seller. Establishes fines. 

-- HB2277 HD1 



HB2290 HD1 (HSCR 494-12) RELATING TO CHILDREN AND YOUTH. 

Introduced by: Mizuno J, McKelvey A, Thielen C, Ichiyama L, Okamura T, Aquino H, 

Awana K, Har S, Hanohano F, Pine K, Evans C, Cullen T 

Amends provisions relating to child and youth day and month. Allows public events 

celebrating the children and youth day and the children and youth summit to be held on 

the grounds of the state capitol, unless otherwise determined by the governor. -- HB2290 

HD1 



HB2295 HD1 (HSCR 677-12) RELATING TO CYBERBULLYING. 

Introduced by: Wooley J, Rhoads K, Keith-Agaran G, Nishimoto S, Takumi R 

Establishes provisions relating to harassment by cyberbullying. Provides that a person 

commits the offense of harassment by cyberbullying if, with intent to harass, annoy, or 

alarm another person, or in reckless disregard of the risk thereof, that person engages 

in conduct involving pursuit, surveillance, digital nuisance, or nonconsensual contact 

upon the other person without legitimate purpose by means of electronic communication. 

Makes it a petty misdemeanor. -- HB2295 HD1 


Mar=08 12 Multiple Referral to EDT then JDL 

HB2296 HD1 (HSCR 680-12) RELATING TO ANIMAL WELFARE. 

Introduced by: Wooley J, Rhoads K, Nishimoto S, Lee C 

Amends provisions relating to prohibitions in the Hawaii meat inspection Act. Prohibits 

any person from buying, selling, transporting, delivering, offering for sale or 

transportation, or receiving for transportation in intrastate commerce, any product, item, 

or substance containing, labeled, or advertised as containing bear gallbladders or bile. 

-- HB2296 HD1 



HB2298 HD2 (HSCR 692-12) RELATING TO PRIVACY RIGHTS. 

Introduced by: Nishimoto S, Keith-Agaran G, Nakashima M, Brower T, Takumi R 

Requires the director of commerce and consumer affairs to establish, in coordination with 

the senate president and the speaker of the house of representatives, the complaints 

disclosure task force within the department of commerce and consumer affairs to 

research, assess, plan, and evaluate the appropriate timing for public disclosure of 

complaints against individuals holding professional or vocational licenses. Dissolves the 

task force on June 30, 2013 (sunset). Report to the legislature. -- HB2298 HD2 



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March 8, 2012 81


HB2302 HD2 (HSCR 787-12) RELATING TO CAPITAL IMPROVEMENT PROJECTS. 

Introduced by: Cabanilla R, Chong P 

Amends provisions relating to exemption of certain county positions. Exempts from civil 

service persons hired or contracted from July 1, 2012 to June 30, 2015 (sunset) to 

perform repair or maintenance work on vacant housing units under the jurisdiction of the 

county; or planning, design, engineering, or permit processing work for capital 

improvements projects of a county agency. -- Amends the civil service law to allow for 

these exemptions. -- Authorizes the issuance of general obligation bonds for 

appropriation to the Hawaii public housing authority for the purpose of renovating 

uninhabitable public housing units. ($$) -- HB2302 HD2 


Mar=08 12 Multiple Referral to HMS/ JDL/ then WAM 

HB2309 HD1 (HSCR 802-12) RELATING TO PERSONAL INFORMATION. 

Introduced by: Chong P, Tsuji C, Hashem M, Yamashita K, Keith-Agaran G, Morikawa 

D, Cullen T, Ichiyama L, Jordan J 

Establishes provisions relating to unlawful use of certificate of identification or driver's 

license. Prohibits any business from scanning the machine readable zone of the 

individual's certificate of identification or driver's license to use or retain any information 

contained therein, except for limited purposes. -- Amends the social security number 

protection law by changing it to the personal information protection law. -- HB2309 HD1 


Mar=08 12 Multiple Referral to CPN/ EDT/ then JDL 

HB2312 HD2 (HSCR 705-12) RELATING TO TORTS. 

Introduced by: Brower T, Lee C, Hanohano F, Okamura T, Keith-Agaran G, Luke S, 

Chong P, Awana K, Manahan J, Evans C, Choy I, McKelvey A, Oshiro M 

Amends provisions relating to exception to liability. Prohibits any person who in good 

faith, without remuneration or expectation of remuneration, attempts to resuscitate an 

individual in a perceived medical emergency when administering cardiopulmonary 

resuscitation to be liable for any civil damages resulting from any act or omission except 

as may result from the person's gross negligence or wanton acts or omissions; any 

person who provides for a cardiopulmonary resuscitation training program, and any 

physician or physician assistant who administers a cardiopulmonary resuscitation training 

program. -- HB2312 HD2 



HB2313 HD2 (HSCR 798-12) RELATING TO RESISTING ARREST. 

Introduced by: Brower T, Keith-Agaran G, Lee C, Hanohano F, Luke S, McKelvey A, 

Manahan J, Okamura T, Cullen T, Nishimoto S 

Establishes provisions relating to resisting arrest in the 1st degree. Provides that a 

person commits the offense of resisting arrest in the 1st degree if the person intentionally 

prevents a law enforcement officer acting under color of the law enforcement officer's 

official authority from effecting an arrest by removing or attempting to remove a firearm 

from the person of a law enforcement officer. Makes it a class C felony. -- Makes 

resisting arrest in the 2nd degree a misdemeanor. -- HB2313 HD2 



HB2314 HD1 (HSCR 804-12) RELATING TO THE TRANSIENT ACCOMMODATIONS TAX. 

Introduced by: Brower T, Tokioka J, Mizuno J, McKelvey A, Keith-Agaran G, Awana K, 

Lee C, Nishimoto S, Takumi R 

Amends provisions relating to the transient accommodations tax. Amends the allocation 

to the convention center enterprise special fund to be for fiscal year instead of calendar 

year. -- HB2314 HD1 


Mar=08 12 Multiple Referral to TSM then WAM 

HB2319 HD2 (HSCR 832-12) RELATING TO ECONOMIC DEVELOPMENT. 

Introduced by: McKelvey A, Yamashita K, Choy I 

Appropriation to the Hawaii strategic development corporation for a venture accelerator 

funding program that shall support organizations that closely integrate entrepreneurial 

support and capital investment to develop technology based entrepreneurial 

commercialization outcomes in Hawaii. Annual report to the legislature. ($$) -- HB2319 

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March 8, 2012 82


HD2 



HB2320 HD2 (HSCR 650-12) RELATING TO HIGHWAY SAFETY. 

Introduced by: Souki J, Takumi R, Ichiyama L, Har S, Aquino H, Okamura T, Cullen T, 

Lee M, Yamashita K 

Establishes provisions relating to license revoked for operating a vehicle under the 

influence of an intoxicant; eligibility for license renewal. Allows any person arrested after 

December 21, 2010, whose license is revoked and who otherwise qualifies for a permit, 

to apply for a renewal of a driver's license provided that the license renewal is for the sole 

purpose of obtaining or extending a permit issued due to ignition interlock permits driving 

for employment and operating a vehicle under the influence of an intoxicant, no physical 

driver's license is to be issued to the person, and the driver's license is to expire upon the 

end of the revocation period. -- Establishes provisions relating to repeat intoxicated driver 

after December 31, 2010; eligibility to obtain motor vehicle registration and number 

plates. Provides that any repeat intoxicated driver arrested for a violation of operating 

a vehicle under the influence of an intoxicant or habitually operating a vehicle under the 

influence of an intoxicant may request that the director of motor vehicles remove any 

stopper imposed on the motor vehicle registration files. -- Establishes provisions relating 

to petition for ignition interlock instruction permit and ignition interlock permit; eligibility; 

requirements. Allows any person to file an ex parte petition in the district court for 

permission to apply for an ignition interlock instruction permit that will allow the person 

to take the driving demonstration portion of the driver's license examination and to apply 

for an ignition interlock instruction permit. -- Amends provisions relating to ignition 

interlock devices; certification. The director of transportation may require the vendor to 

pay for all or part of the costs incurred in conducting the audit. -- Amends notice of 

administrative revocation; effect. Repeals requirement that the registration of any motor 

vehicle registered to a respondent who is a repeat intoxicated driver shall be terminated 

30 days after the date of an arrest. -- Amends provisions relating to probable cause 

determination; issuance of notice of administrative revocation; procedures. Requires that 

a law enforcement officer is to complete and issue to the person a notice of 

administrative revocation and to indicate thereon whether the notice is to serve as a 

temporary permit. -- Amends provisions relating to administrative review; procedures; 

decision. Repeals provision requiring the director to revoke the registration of any vehicle 

owned or registered to the respondent and to take custody of the numbered plates. -- 

Amends provisions relating to ignition interlock permits; driving for employment. Provides 

that upon proof that the respondent has installed an ignition interlock device in any 

vehicle the respondent operates and obtained motor vehicle insurance or self insurance, 

the director is to issue an ignition interlock permit that will allow the respondent to drive 

a vehicle equipped with an ignition interlock device during the revocation period. 

Requires the director to not issue an ignition interlock permit to a respondent who holds 

a license that is a learner's permit or instruction permit. -- Amends provisions relating to 

refusal to submit to a breath, blood, or urine test; penalty. Makes it a petty misdemeanor. 

-- HB2320 HD2 


Mar=08 12 Multiple Referral to TIA/ JDL/ PGM/ then WAM 

HB2324 HD2 (HSCR 839-12) RELATING TO BROADBAND. 


Exempts county permitting requirements and state permitting and approval requirements 

for any actions relating to the installation, improvement, construction, upgrading, 

development of new and existing broadband facilities on state buildings, and the property 

on which the state buildings are located from July 1, 2012, to June 30, 2017 (sunset). 

Requires entity to give the department of commerce and consumer affairs 30 day notice. 

Report to legislature. -- HB2324 HD2 


Mar=08 12 Multiple Referral to EDT then CPN 


Introduced by: Yamashita K, Kawakami D, Okamura T, Manahan J, Yamane R, Ito K, 

Hashem M, Nishimoto S, Say C, McKelvey A, Tsuji C, Har S, Carroll M, Choy I, Oshiro 

M, Keith-Agaran G, Chong P, Ichiyama L, Morikawa D, Hanohano F, Cullen T, Aquino 

H, Nakashima M 

Establishes provisions relating to broadband related permits; automatic approval by the 

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State. Requires the State to approve, approve with modification, or disapprove all 

applications for broadband related permits within 45 business days of submission of a 

complete permit application and full payment of any applicable fee. Provides that If on 

the 46th business day an application is not approved, approved with modification, or 

disapproved, it shall be deemed approved by the State. Requires the State to notify the 

applicant if the application is incomplete. Requires the upgrading and replacement of, 

and access to, any utility pole as in broadband related permit application be subject be 

consistent with federal law. -- Establishes provisions relating to broadband related 

permits; automatic approval by a county. Requires the county to approve, approve with 

modification, or disapprove all applications for broadband related permits within 45 

business days of submission of a complete permit application and full payment of any 

applicable fee. Provides that if on the 46th business day an application is not approved, 

approved with modification, or disapproved, it shall be deemed approved by the county. 

Requires the county to notify the applicant if the application is incomplete. Requires the 

upgrading and replacement of, and access to, any utility pole as in broadband related 

permit application be subject be consistent with Act 151, session laws of 2011. Act to be 

repealed June 30, 2017 (sunset). -- HB2325 HD2 




Introduced by: Yamashita K, Choy I, Chong P 

Amends provisions relating to the energy conservation income tax credit; the renewable 

energy technologies; income tax credit; the ethanol facility tax credit; the attractions and 

educational facilities tax credit; Ko Olina Resort and Marina; Makaha Resort; and the 

capital goods excise tax credit. Provides that the basis of eligible property for 

depreciation of accelerated cost recovery system purposes for state income taxes shall 

be reduced by the amount of credit allowable and claimed. -- HB2326 HD1 





Establishes the estate and generation skipping transfer tax law. Defines generation 

skipping transfer to mean a generation skipping transfer as defined and used in section 

2611 of the Internal Revenue Code. -- HB2328 HD1 




ASSIST THE HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION. 


Authorizes the issuance of special purpose revenue bonds to assist the Hawaii island 

community development corporation, a Hawaii not for profit corporation, for the 

construction of an adult day care center in Hilo, Hawaii. Authorizes the issuance of 


($$) -- HB2334 HD2 



HB2338 HD2 (HSCR 862-12) RELATING TO THE CREATIVE MEDIA INDUSTRY. 

Introduced by: Har S, Jordan J, Ito K, Chang J, Tokioka J, Kawakami D, McKelvey A, 

Mizuno J, Chong P, Okamura T, Herkes R, Aquino H, Ichiyama L, Cullen T, Yamane R, 

Hashem M, Yamashita K 

Establishes provisions relating to creative media industry leases. Authorizes the 

department of land and natural resources to lease by direct negotiation and without 

recourse to public auction, public lands for purposes of developing creative media 

facilities. Establishes restrictions to leases. -- HB2338 HD2 


Mar=08 12 Multiple Referral to EDT/ WLH/ then WAM 

HB2339 HD2 (HSCR 791-12) RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY. 

Introduced by: Har S, Aquino H, Cullen T, Yamane R, Awana K, Cabanilla R, Jordan J 

Establishes provisions relating to the Kalaeloa community development district; 

representation to the Hawaii community development authority. Requires the governor 

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to appoint 5 voting members to the authority to represent the Kalaeloa community 

development district and to only vote on issues relating to the Kalaeloa community 

development district. Requires the members be the chairperson of the Hawaiian homes 

commission or the chairperson's designee; the director of the city and county of Honolulu 

department of planning and permitting or the director's designee, 1 member who is 

determined by the authority to be a Hawaiian cultural specialist; and 2 members, each 

of whom shall be a resident of Kalaeloa community development district, the Ewa zone, 

or the Waianae zone, provided that 1 member appointed shall be appointed from a list 

of not fewer than 3 prospective appointees submitted by the mayor of the city and county 

of Honolulu. Allows the governor to remove or suspend for cause any member appointed 

after due notice and public hearing. -- Amends provisions relating to Hawaii community 

development authority; established. -- Amends provisions relating to Barbers Point naval 

air station redevelopment; power to redevelop established. Repeals provisions relating 

to the Kalaeloa community development community members. -- HB2339 HD2 




ASSIST ST. FRANCIS HEALTHCARE SYSTEM OF HAWAII. 

Introduced by: Cabanilla R, Har S, Yamane R, Cullen T, Aquino H, Rhoads K, Say C, 

Ching C 

Authorizes the issuance of special purpose revenue bonds to assist St. Francis 

healthcare system of Hawaii, a Hawaii nonprofit corporation, to finance the construction, 

improvement, and equipment of its healthcare facilities. Authorizes the issuance of 


($$) -- HB2345 HD1 



HB2347 RELATING TO GENERAL OBLIGATION BONDS FOR REVENUE-PRODUCING 

UNDERTAKINGS. 


Amends provisions relating to bonds for revenue producing undertakings. Allows the 

county to covenant with the holders of the bonds additionally secured by a pledge of such 

revenues that it will continue to impose and collect such revenues in amounts at least 

sufficient to provide for the payment of the principal and interest on such bonds to the 

extent authorized or permitted by law. Allows a county to reserve the right to issue 

subsequent general obligation bonds equally and additionally secured by a pledge of 

such revenues of an undertaking, loan program, or other purpose. Allows general 

obligation bonds also to be issued for any purpose authorized for public improvements 

of the county additionally secured by a pledge of 1 or more specific categories of receipts 

that are not derived from an undertaking or loan program for which such bonds are 

issued, as the governing body may determine, subject to the rights of the holders of any 

bonds then outstanding and the provisions of the ordinances or resolutions authorizing 

the outstanding bonds. -- HB2347 



HB2358 HD3 (HSCR 936-12) RELATING TO THE BUILDING CODE. 

Introduced by: Herkes R, McKelvey A 

Establishes provisions relating to natural disaster preparedness commission; duties. 

Establishes the commission within the civil defense agency of the department of defense 

to adopt any amendments to the code provided that any amendments adopted shall not 

exceed minimum standards necessary to protect public health and safety. Requires that 

no building code related to natural disaster preparedness be adopted by the council 

without the commissions concurrence. -- Amends provisions relating to state building 

code and design standards by changing it to Hawaii State building code. Establishes the 

Hawaii state building code council. Allows the council to adopt any amendments to the 

Hawaii state building code provided that any amendments adopted shall not exceed 

minimum standards necessary to protect public health and safety. Requires the code to 

consist of the 2012 International Building Code, as amended by the council. Allows any 

county to amend the state building code as it applies within its respective jurisdiction with 

the approval of the council. to the Hawaii state building code council a proposal to 

amend the Hawaii state building code, provided that the proposed amendment shall 

apply only to the county that makes the submission. Exempts all state building 

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March 8, 2012 85


construction from compliance with the code. Provides that that regulations, special 

conditions, and restrictions shall not permit the modification of any building code. 

Permits the application of indigenous Hawaiian architecture be permitted in all zoning 

districts provided that it is consistent with the purpose of any uniquely designated, special 

or historic district. Requires a licensed adult family boarding home or licensed care home 

to meet the state building code. Requires the fire chief of each county to adopt rules that 

are consistent with the code. Requires the council to approve any fire code changes. 

Requires a Hawaii registered architect be included when converting to a condominium 

status to list any outstanding violations of the code. Deletes provisions relating to energy 

conservation standards for building design and construction. Appropriations for the 

council and the commission. ($$) -- HB2358 HD3 



HB2359 HD2 (HSCR 849-12) RELATING TO PORTABLE ELECTRONICS INSURANCE. 


Establishes provisions relating to portable electronics insurance. Provides for the 

licensure of vendors with a limited lines license, requirements for sale of portable 

electronics, authority of vendors of portable electronics, sanctions for violations, 

termination of portable electronics insurance, application for license and fees, and 

portable electronics insurance claims. -- HB2359 HD2 



HB2361 HD2 (HSCR 956-12) RELATING TO DEBT COLLECTION. 

Introduced by: Hashem M, Ichiyama L, Chang J, Herkes R, Wooley J, Yamashita K, 

Aquino H, Yamane R 

Establishes provisions relating to collects delinquent accounts. Requires the attorney 

general to assume the collection of delinquent accounts for any executive department, 

except the department of taxation and the university of Hawaii, having an account due 

which is delinquent more than 90 days. Establishes the civil recoveries fund into which 

shall be deposited ____ percent of any moneys collected by the attorney general for any 

executive department which has turned over delinquent accounts for collection, and 

appropriations made by the legislature. Requires the fund be administered by the 

department of the attorney general and be used for expenditures relating to the collection 

of delinquent accounts of executive departments. Annual report to the legislature. -- 

Amends provisions relating to uncollectible accounts. Repeals the requirement that 

directors, boards, or executive heads of executive departments prepare and submit a list 

of uncollectible accounts in their departments. Allows the attorney general to prepare a 

list of delinquent accounts for which the attorney general has assumed the collection. 

Requires that the delinquent accounts that the attorney general finds to be uncollectible 

be entered in a special record and be deleted from the accounts receivable records of 

the departments. -- Amends provisions relating to delinquent accounts, collection. Allows 

the judiciary or the university of Hawaii who has an account due which is delinquent may 

contract with a collection agency bonded for collection of the delinquent account. 

Requires any executive department having an account due which is delinquent more than 

90 days to turn the delinquent account over to the attorney general for collection, 

excepting the University of Hawaii. -- HB2361 HD2 



HB2368 HD1 (HSCR 526-12) RELATING TO THE UNIVERSITY OF HAWAII AT HILO. 

Introduced by: Chang J, Evans C, Nakashima M, Coffman D, Herkes R, Tsuji C, 

Hanohano F 

Appropriation to the university of Hawaii at Hilo for the establishment of a medical 

residency program under program ID UOH 210. ($$) -- HB2368 HD1 



HB2374 RELATING TO THE OFFICE OF LANGUAGE ACCESS. 

Introduced by: Yamane R, Manahan J, Cullen T, Aquino H 

Establishes the office of language access law. Establishes the office within the 

department of health and transfers rights, powers, functions, and duties of the office of 

language access from the department of labor and industrial relations to the department 

of health. -- HB2374 

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March 8, 2012 86




HB2375 RELATING TO THE MORTGAGE RESCUE FRAUD PREVENTION ACT. 


Establishes the mortgage rescue fraud prevention special fund with the department of 

commerce and consumer affairs. Deposits fines into the special fund and expends the 

funds to enforce and educate regarding the mortgage rescue fraud prevention Act. -- 

Establishes provisions relating to criminal penalties. Makes it a class C felony. -- 

Amends provisions relating to the department of commerce and consumer affairs. 

Exempts the mortgage rescue fraud prevention special fund from having its 

unencumbered balances existing on June 30 from being deposited into the compliance 

resolution fund. -- Amends provisions relating to violation; penalties by changing it to 

unfair or deceptive act or practice; penalties. -- HB2375 


Mar=08 12 Multiple Referral to CPN/ JDL/ then WAM 

HB2380 HD2 (HSCR 459-12) RELATING TO SHIPPING. 

Introduced by: Carroll M, Brower T, Evans C, McKelvey A 

Establishes a working group within the department of business, economic development, 

and tourism to study and consider ways to reduce the time and cost of shipping goods 

to Oahu from Molokai and Lanai. Report to the legislature. Working group to cease to 

exist on June 30, 2013 (sunset). -- HB2380 HD2 


Mar=08 12 Multiple Referral to EDT/ TIA/ then WAM 

HB2398 HD2 (HSCR 873-12) RELATING TO LAND USE. 

Introduced by: Coffman D, Evans C 

Establishes provisions relating to the Honokohau marina development district. Requires 

the Hawaii community development authority to provide opportunity for the restoration 

and implementation of sustainable, culturally appropriate, biologically responsible, and 

economically beneficial enterprise. Requires the governor to appoint 3 additional 

members to the authority to represent the district and who shall be considered in 

determining quorum and majority only on issues relating the district and may vote only 

on issues related to the district. -- HB2398 HD2 



HB2401 HD2 (HSCR 774-12) PROPOSING AN AMENDMENT TO ARTICLE IV, SECTION 2, OF THE HAWAII STATE 

CONSTITUTION TO ADD A RESIDENCY REQUIREMENT FOR MEMBERS 

APPOINTED TO THE REAPPORTIONMENT COMMISSION. 

Introduced by: Lee C, Keith-Agaran G 

Proposes a constitutional amendment. Requires that president of the senate and the 

speaker of the house of representatives to each select 2 members who shall each be a 

resident of a different basic island unit from the other. Requires that the 1 member 

appointed by the members of the senate belonging to the party different from that of the 

president and the member appointed by members of the house belonging to the party 

different from that of the speaker shall each select 2 members who shall be a resident 

of a different basic island unit from the other. -- HB2401 HD2 



HB2404 HD1 (HSCR 537-12) RELATING TO PUBLIC INFORMATION. 

Introduced by: Lee C, Brower T, Takumi R, Wooley J, McKelvey A, Fontaine G, Takai 

K, Belatti D, Riviere G, Manahan J, Souki J, Rhoads K, Nishimoto S, Hashem M, Thielen 

C, Cabanilla R, Morikawa D, Cullen T, Pine K 

Amends provisions relating to minutes. Requires that minutes be public records be 

available in hard copy form and posted on the website of the board, or if the board does 

not have a website, on the official website of the State or the website of the appropriate 

county. -- HB2404 HD1 


Mar=08 12 Single Referral to EDT/ JDL/ 

HB2409 RELATING TO CONSUMER PROTECTION. 

Introduced by: Aquino H, Cullen T, Manahan J, Chong P, Yamane R, Herkes R, Ito K, 

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Say C, Cabanilla R, Har S 

Establishes provisions relating to protection of military; lending practices. Requires the 

director of commerce and consumer affairs to enforce Title 10 US Code, section 987, and 

federal regulations promulgated there under, including but not limited to Title 32 Code of 

Federal Regulations, Part 232. Allows the director to enter into an agreement with the 

US Federal Trade Commission to allow the director to access the Military Sentinel 

database for the purpose of enforcing these provisions. -- HB2409 


Mar=08 12 Multiple Referral to PGM then CPN 

HB2410 HD1 (HSCR 738-12) RELATING TO THE MILITARY. 

Introduced by: Aquino H, Cullen T, Manahan J, Yamane R, Say C, Fontaine G, Herkes 

R, Ito K, Yamashita K, McKelvey A, Ichiyama L, Cabanilla R, Johanson A, Har S 

Requires the governor to enter into a memorandum of understanding with the US 

Department of Defense to enhance the State's relationship with the military. -- HB2410 

HD1 



HB2411 HD1 (HSCR 840-12) RELATING TO CAPITAL IMPROVEMENTS. 

Introduced by: Say C, Chong P, Yamashita K, McKelvey A, Evans C, Lee M, Okamura 

T, Carroll M, Nishimoto S, Ito K, Cullen T, Hashem M, Ichiyama L, Jordan J 

Amends provisions relating to the budget law. Provides that capital investment costs, 

cost elements, and phases of capital improvement projects include contracting. -- 

HB2411 HD1 



HB2415 HD2 (HSCR 930-12) RELATING TO MEDICAID. 

Introduced by: Chong P, Mizuno J, Ito K 

Establishes provisions relating to medicaid prescription drug benefits; copayment. 

Requires medicaid recipients to pay a copayment for prescription drugs in accordance 

with a system established by the department of human services except as specified. 

Requires the department to establish and implement a medicaid prescription drug benefit 

copayment program and requires that the copayment amounts equal the lowest tier 

amounts under the Medicare Part D low income subsidy. Requires the department to 

seek the approval of the Centers for Medicare and Medicaid Services for the program. 

-- HB2415 HD2 



HB2417 HD2 (HSCR 909-12) RELATING TO RENEWABLE ENERGY. 



Amends the tax to be per tax map key number instead of per system. Increases the 

credit for solar energy systems for residential properties. Amends the cap amount for a 

single nonresidential tax map key number. -- Provides that independent power producers 

not currently regulated by the public utilities commission that have submitted an 

agreement with an electric utility company for approval by the commission by January 1, 

2013 (sunset), shall be allowed the tax credit as authorized in the 2012 calendar year for 

renewable technologies placed into service after January 2013. -- HB2417 HD2 



HB2429 HD1 (HSCR 658-12) RELATING TO THE BOARD OF AGRICULTURE. 


Amends provisions relating to the department of agriculture. Requires the chairperson 

of the board of land and natural resources, the director of business, economic 

development, and tourism, and the dean of the university of Hawaii college of tropical 

agriculture and human resources or their designated representatives, to serve as an ex 

officio voting members of the board of agriculture. -- HB2429 HD1 


Mar=08 12 Single Referral to AGL 

HB2436 HD1 (HSCR 380-12) RELATING TO THE INFORMATION PRIVACY AND SECURITY COUNCIL. 

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Amends provisions relating to information privacy and security council; established; 

duties; reports. Changes the chair of the information privacy and security council from 

the comptroller to the chief information officer or the chief information officer's designee. 

-- HB2436 HD1 


Feb=22 12 Single Referral to EDT 

HB2437 HD1 (HSCR 172-12) RELATING TO ELECTIONS. 


Appropriation to the department of accounting and general services for the purpose of 

funding the payment of the voting system contract for the 2012 elections. ($$) -- HB2437 

HD1 

Current Status: Mar-07 12 Received by the Governor 

HB2438 HD2 (HSCR 296-12) MAKING EMERGENCY APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS 

OFFICERS, OR ITS EMPLOYEES. 








employees for payments judgments or settlements, or other liabilities. -- Appropriation 

out of the state harbor special fund to the department of transportation, harbors division 

for the purpose of satisfying claims for legislative relief to persons, for claims against the 

State or its officers or employees for payments judgments or settlements, or other 

liabilities. ($$) -- HB2438 HD2 

Current Status: Mar-07 12 Received by the Governor 

HB2439 HD1 (HSCR 814-12) RELATING TO EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. 


Amends provisions relating definitions for the Hawaii employer union health benefits trust 

fund. Defines credited service to mean service as an officer or employee paid by the 

State or county. Redefines employee by repealing the per diem employee. -- HB2439 

HD1 



HB2441 HD2 (HSCR 700-12) RELATING TO CHILD SUPPORT ENFORCEMENT. 


Amends provisions relating to the child support enforcement law. Requires each 

employer in the State to report to the child support enforcement agency within 20 days 

of hire the date services for remuneration were 1st performed of each new employee. 

Requires the transfer of notice to the appropriate plan providing health care coverage for 

which the child is eligible within 20 business days after the date of the notice. -- HB2441 

HD2 



HB2448 HD2 (HSCR 635-12) RELATING TO MEDICAID. 


Amends provisions relating to recovery of payments and costs of medical assistance. 

Provides for allocation of liens and restitution. -- HB2448 HD2 


Mar=08 12 Multiple Referral to HMS/ JDL/ then WAM 

HB2452 HD2 (HSCR 853-12) RELATING TO NOTARIES PUBLIC. 


Amends provisions relating to notaries public. Requires only the name of the notary 

public, notary's commission number, and the words "notary public" and "State of Hawaii" 

to be on the engraved seal or rubber stamp facsimile seal. Increases fees for issuing 

and renewing the commission. -- HB2452 HD2 


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March 8, 2012 89



HB2453 HD1 (HSCR 935-12) RELATING TO CIVIL IDENTIFICATION. 


Establishes provisions relating to issuance of identification card or temporary card. 

Requires the examiner of drivers, upon receipt of an application filed by any person who 

is a resident or a temporary resident of this State, and, upon receipt of the fee therefore, 

is to issue an identification card to that person. Establishes application process 

procedures. Requires each identification card issued by the examiner to display a 

distinguishing number assigned to the cardholder, and display the inscription State of 

Hawaii Identification Card. Establishes a state identification card fee special fund to be 

used for the purposes of the identification card program and administered by the director 

of transportation. Requires the counties to be reimbursed the incremental costs incurred 

in the administration of this program. -- Repeals the Hawaii criminal justice data center 

civil identification act and transfer powers to the department of transportation and 

transfers personnel to the examiner of drivers of the respective counties. -- HB2453 HD1 


Mar=08 12 Multiple Referral to TIA/ PGM/ JDL/ then WAM 

HB2454 HD1 (HSCR 539-12) RELATING TO THE RAP BACK PROGRAM OF THE HAWAII CRIMINAL JUSTICE 

DATA CENTER. 


Amends provisions relating to criminal history checks. Allows the agencies and other 

entities statutorily authorized to conduct state and national criminal history record checks 

on the personnel statutorily identified to participate in the rap back program. Requires 

notification to be given to the applicants and employees subject to the rap back program 

that their fingerprints shall be retained by the Hawaii criminal justice data center and the 

federal bureau of investigation. -- HB2454 HD1 



HB2455 HD1 (HSCR 524-12) RELATING TO THE STATE CODE OF ETHICS. 


Amends provisions relating to definitions under the standards of conduct law. Defines 

a task force to mean a group convened by resolution, statute, executive order, 

proclamation, or by invitation of the legislature, governor, or another state officer, to study 

a specific subject or issue, for a specific defined period of time, and to report to, offer a 

recommendation to, or advise the legislature, governor, or a state officer. Redefines 

employee to exclude members of a task force. -- HB2455 HD1 



HB2458 RELATING TO CONVERSIONS BY NONPROFIT CORPORATIONS. 


Amends Hawaii nonprofit corporations act. Repeals provisions relating to conversions 

into and from corporations under the Hawaii nonprofit corporations act. -- HB2458 


Mar=08 12 Single Referral to CPN/ JDL/ 

HB2476 HD1 (HSCR 237-12) MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, 









employees for payments judgments or settlements, or other liabilities. ($$) -- HB2476 

HD1 





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March 8, 2012 90


Amends provisions relating to public hearing for decision making; separate hearing 

required. Requires the notice for public hearings of the Hawaii community development 

authority to be made in a daily or weekly publication with statewide circulation and in a 

daily or weekly publication with county wide circulation in the affected county. -- HB2481 

HD1 


Mar=08 12 Multiple Referral to WLH/ EDT/ then JDL 



Establishes provisions relating to lease of projects. Allows the Hawaii community 

development authority, without recourse to public auction or public notice for sealed bids, 

to lease for a term not exceeding 65 years all or any portion of the real or personal 

property constituting a project to any person, upon such terms and conditions as may be 

approved by the authority, if the authority finds that the lease is in conformity with the 

community development plan. Requires the authority to repurchase the leasehold 

interest in the project, if the purchaser other than a state agency, desires to sell the 

property within 10 years; provided that the authority determines that a waiver will not be 

contrary to the community development plan. Allows the authority to include as a term 

of the sale the provision for the repurchase of the property if the purchaser in a 

residential project is a state agency. -- HB2482 HD1 


Mar=08 12 Multiple Referral to WLH/ EDT/ then WAM 

HB2483 HD1 (HSCR 314-12) RELATING TO ENVIRONMENT. 


Establishes provisions relating to climate change adaptation priority guidelines under the 

Hawaii State planning act. -- HB2483 HD1 


Mar=08 12 Single Referral to ENE/ WLH/ 

HB2485 HD3 (HSCR 902-12) RELATING TO ELECTRIC VEHICLE PARKING. 


Amends provisions relating to designation of parking spaces for electric vehicles; 

charging by adding system and repealing units. -- Requires places of public 

accommodation with at least 100 parking spaces available for use by the general public 

to have at least 1 parking space designated exclusively for electric vehicles and equipped 

with an electric vehicle charging system located anywhere in the parking structure or lot. 

-- Provides that beginning January 1, 2013, any person who parks a non electric vehicle 

in a space designated and marked as reserved for electric vehicles shall receive a 

warning. -- HB2485 HD3 


Mar=08 12 Multiple Referral to TIA/ ENE/ then WAM 

HB2487 HD1 (HSCR 885-12) RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. 


Amends provisions relating to service retirement for judges hired before July 1, 2012. 

Reduces from 10 to 5 the number of years of credited service needed to receive a 

retirement allowance after the member has terminated service. Reduces the age from 

60 to 55 for determining the retirement allowance. -- Amends provisions relating to 

ordinary disability retirement allowance. Requires that a class H member who becomes 

a member after June 30, 2012, to receive a maximum retirement allowance equal to the 

higher of either 1 and 3/4ths per cent of the average final compensation multiplied by the 

number of years of class H credited service unreduced for age, plus 1 and 1/4th per cent 

of the member's average final compensation multiplied by the number of years of class 

C credited service unreduced for age; or 25 per cent of the member's average final 

compensation. -- Amends provisions relating to service connected disability retirement 

allowance. Requires the member's accumulated contributions be paid to the members 

designated beneficiary if the member became a member before July 1, 2012, and had 

less than 5 years of credited service at the time of death; or the member became a 

member after June 30, 2012, and had less than 10 years of credited service at the time 

of death. Requires that an amount equal to the member's hypothetical account balance 

be paid to the member's designated beneficiary if the member became a member before 

July 1, 2012, and had 5 or more years of credited service at the time of death; or if the 

member became a member after July 30, 2012, and had 10 or more years of credited 

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March 8, 2012 91


serve at the time of death. -- HB2487 HD1 



HB2491 HD1 (HSCR 329-12) RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND. 


Establishes provisions relating to other post employment benefits trust. Authorizes the 

board of the employer union health benefits trust fund to create a trust fund for the 

purpose of receiving employer contributions that will prefund post employment health and 

other benefit costs for retirees and their beneficiaries. -- HB2491 HD1 





Amends provisions relating to state and county contributions; retired employees. 

Changes the date that the base monthly contribution is annually adjusted from July 1 of 

each year to January 1 of each year. -- HB2492 HD1 



HB2493 HD1 (HSCR 551-12) RELATING TO COLLECTIVE BARGAINING COST ITEMS. 


Provides employer and employee contribution amounts to the Hawaii employer union 

health benefits trust fund health benefit plan and group life insurance for collective 

bargaining unit 9 (registered professional nurses); and for state officers and employees 

excluded from collective bargaining. -- HB2493 HD1 







bargaining unit 10 (nonprofessional hospital and institutional workers); and for state 

officers and employees excluded from collective bargaining. -- HB2494 HD1 







bargaining unit 11 (firefighters); and for state officers and employees excluded from 

collective bargaining. -- HB2495 HD1 



HB2497 RELATING TO SECURITIES. 


Amends provisions relating to the uniform securities act. Requires an insurer claiming 

an exemption to file a notice of transaction with the commissioner of securities no later 

than 15 days after the 1st sale in this State. Changes the reference to 485A-202(a)(11) 

and (14) to 485A-202(a)(10) and (13). Changes the investment company Act to the 

investment advisers Act. -- HB2497 



HB2501 HD1 (HSCR 948-12) RELATING TO MORTGAGE LOAN ORIGINATION. 


Amends provisions relating to secure and fair enforcement for mortgage licensing act. 

Provides that employees who perform mortgage loan originator activities for a mortgage 

servicer company or a nonprofit organization are exempt from registration and licensures 

as a mortgage loan originator under specified conditions. Establishes responsibilities for 

a branch manager for a branch office. Establishes fees for nonprofit organizations and 

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March 8, 2012 92


for a mortgage loan originator who is the sole proprietor of a mortgage loan originator 

company. -- HB2501 HD1 



HB2502 HD2 (HSCR 945-12) RELATING TO MORTGAGE SERVICERS. 


Amends provisions relating to mortgage servicers. Authorizes the commissioner of 

financial institutions to require all mortgage servicers to register with the Nationwide 

Mortgage Licensing System and Registry. Prohibits a person licensed as a mortgage 

servicer from providing mortgage loan modification services without a license under the 

secure and fair enforcement for mortgage licensing act. -- HB2502 HD2 



HB2508 HD1 (HSCR 850-12) RELATING TO COLLECTION AGENCIES. 


Amends provisions relating to exempt out of state collection agency by changing it to 

designation as exempt out of state collection agency; limitations on business practices; 

fees; disciplinary action. Provides for the designation as an out of state collection agency 

provided the agency meets certain requirements. Increases penalties. -- HB2508 HD1 



HB2513 HD1 (HSCR 308-12) RELATING TO EDUCATION. 


Amends provisions relating to department implementation (school health services 

program) by changing it to administration of medication. Repeals provisions requiring the 

department of education to implement the program. Amends provisions relating to 

school health aides by adding compensation. Repeals provision that compensation be 

based on a 6 1/2 hour work day including provisions for monthly rate and working 

schedule and leave allowance and provides that they be set in accordance with civil 

service and collective bargaining agreement, executive order, executive directive, or rule. 

-- HB2513 HD1 



HB2514 HD3 (HSCR 928-12) RELATING TO PUBLIC SAFETY. 


Amends corrections law. Amends provisions relating to reentry intake service centers. 

Adds that the center shall provide pretrial risk assessments on adult offenders, with 

specified exceptions, for the courts within 3 working days of admission to a correctional 

center. Increases the Hawaii paroling authority by adding 2 part time members. Limits 

to no more than 6 months mandatory imprisonment for violating parole unless they have 

been charged with a new felony offense, absconded or left the state, did not register as 

a sex offender or condition related to proximity to specified person or locations, or has 

been previously reimprisoned for violating parole, so long as the authority has approved 

a parole plan. Amends provisions relating to parole procedure; release on parole; terms 

of parole, recommitment, and reparole; final unconditional release. Requires a validated 

risk management assessment to be used to determine the person's risk of re offense and 

suitability for community supervision. Amends provisions relating to victim restitution. 

Increases the amount deducted and paid to the victim to 25 per cent of the total of all 

moneys earned to be deducted monthly and paid to the victim once the amount reaches 

25 dollars, or annually, whichever is sooner. Establishes parole terms for various classes 

of felonies so long as the authority has approved a parole plan. -- Requires that savings 

realized by reducing the incarcerated population be reinvested within the criminal justice 

system to protect public safety through the proper supervision of offenders in the 

community, adequate community based programs and services to reduce the incidence 

of recidivism, victim services to promote restorative justice, and professional support to 

realize the goals of the justice reinvestment initiative. -- Requires that funds saved 

through reducing the incarcerated population be reinvested in staffing programs to 

achieve the goals of the justice reinvestment initiative based on specified guidelines. -- 

Appropriation for specified positions and operating expenses. ($$) -- HB2514 HD3 



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HB2515 HD3 (HSCR 929-12) RELATING TO CRIME. 


Amends provisions relating to sentencing for 1st time drug offenders; expungement by 

deleting 1st time offenders. -- Amends provisions relating to probation. Specifies 5 years 

probation for class B or class C felony under criminal homicide, sexual offense, child 

abuse, offenses against the family and against incompetents or prostitution and 

promoting prostitution, and 3 years for other class B or class C felony. -- Amends 

provisions relating to theft in the 2nd degree. Provides that a person commits the offense 

of theft in the 2nd degree if the person commits theft of property or services the value of 

which exceeds 750 dollars. -- HB2515 HD3 



HB2519 HD2 (HSCR 938-12) RELATED TO EARLY LEARNING. 


Appropriation to the department of education to provide funding for the early learning 

council and the governor's early childhood coordinator to further develop and implement 

a comprehensive early childhood system and to develop, execute, and monitor a phased 

implementation plan for a public private preschool program for 4 year olds, including a 

financial business plan with potential sources of sustainable revenue. ($$) -- HB2519 

HD2 



HB2524 HD2 (HSCR 910-12) RELATING TO THE REGULATION OF TELECOMMUNICATIONS AND CABLE 

TELEVISION SERVICES. 


Establishes the telecommunications and cable television services law. Establishes the 

telecommunications and cable television services commission within the department of 

business, economic development, and tourism consisting of 3 members, selected by the 

governor from a list submitted by the speaker of the house of representative and 

president of the senate, with the advice and consent of the senate. Further requires the 

governor with the advice and consent of the senate to select the chairperson from the 3 

commissioners. Annual reports to the governor and from the governor to the legislature. 

Prohibits telecommunications carrier to commence business without a certificate of 

convenience and necessity from the commission. Establishes the telecommunications 

and cable television services commission special fund administered by the commission 

and used by the commission and division of consumer advocacy for all expenses 

incurred in the administration of this law. Establishes the universal service program fund 

administered by the commission to implement the policies and goals of universal service. 

Establishes the cable advisory committee to advise the commission of cable operators. 

Authorizes the commission to issue cable franchises. -- Amends provisions relating to 

the department of commerce and consumer affairs. Exempts any fee imposed by the 

telecommunications and cable television services commission from having 

unencumbered balances existing on June 30, from being deposited into the compliance 

resolution fund. -- Amends provisions relating to the employment of attorneys. Allows the 

commission to hire their own attorney. -- Repeals provisions relating to telephone and 

telecommunications from the public utilities laws. -- Repeals the cable television system 

law. -- Requires that 50 per cent of the moneys collected by the public utilities 

commission from telecommunication carriers during fiscal year 2012 - 2013, shall be 

transferred to the telecommunications and cable television services commission special 

fund. Appropriation out of the special fund. ($$) -- HB2524 HD2 



HB2526 HD2 (HSCR 851-12) RELATING TO REPORTING REQUIREMENTS FOR TELECOMMUNICATIONS AND 

CABLE TELEVISION PROVIDERS. 


Establishes the telecommunications and cable industry information reporting law. 

Establishes reporting requirements for cable operators, telecommunications carrier, and 

telecommunications common carrier that provides broadband service to file with the 

department of commerce and consumer affairs. Requires a separate filing for each 

county in which the provider offers services. -- HB2526 HD2 



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HB2527 HD2 (HSCR 783-12) RELATING TO EDUCATION. 


Amends provisions relating to salary increases; annual, longevity. Establishes that 

teachers and educational officers must be rated effective or highly effective on their 

annual evaluation in order to be entitled to an annual increment or longevity step 

increases. -- Amends provisions relating to evaluation of teachers and educational 

officers. Requires the department of education to establish a consistent performance 

management program that includes an evaluation component to provide teachers and 

educational officers information necessary to improve their instructional practice and 

leadership in order to successfully facilitate student learning and growth. Requires the 

department to develop a minimum of 4 performance levels ratings. Requires evaluation 

at least once each school year with timely feedback of evaluation results to guide 

professional development and identify areas of strength and areas requiring 

improvement. Provides that collective bargaining agreements shall be limited to the 

impact on personnel arising from the superintendent's decision to implement the 

performance management program. Requires teachers and educational officers to be 

rated as effective or highly effective in order to receive incentive packages to remain in 

schools with high teacher and educational officer turnover or schools designated by the 

department as high need. Provides tuition assistance for effective and highly effective 

teachers to attend the university of Hawaii. Requires student performance indicators to 

include gaps in achievement between all students and student groups persistently 

achieving at lower levels; high school completion and graduation rates and rates of 

graduates who met benchmarks for college and career readiness; and rates of students 

entering and persisting in postsecondary education and training. Reports to the 

legislature. -- Establishes provisions for probationary period of employment for 1st time 

teachers. -- HB2527 HD2 


Mar=08 12 Multiple Referral to EDU/ JDL/ then WAM 

HB2529 HD1 (HSCR 898-12) RELATING TO THE DEPARTMENT OF HAWAIIAN HOME LANDS. 


Amends provisions relating to the Hawaiian homes commission act of 1920. Exempts 

expenditures and procurements less than 250,000 dollars made from the department of 

Hawaiian home lands funds from the Hawaii public procurement code, but requires the 

department to develop internal policies and procedures for the procurement of goods, 

services and construction consistent with the goals of public accountability and public 

procurement practices for expenditures from these funds. Annual report to legislature. 

Act to be repealed on June 30, 2015 (sunset). -- HB2529 HD1 


Mar=08 12 Multiple Referral to HWN/ PGM/ then WAM 

HB2533 HD2 (HSCR 703-12) RELATING TO THE DEFINITION OF AGGRAVATED CIRCUMSTANCES IN THE 

CHILD PROTECTIVE ACT. 


Amends provisions relating to child protective act. Redefines aggravated circumstances 

to include the parent has committed sexual abuse against another child of the parent or 

the parent is required to register with a sex offender registry under the Adam Walsh Child 

Protection and Safety Act. -- HB2533 HD2 



HB2537 HD2 (HSCR 698-12) RELATING TO DISCLOSURE OF RECORDS CONCERNING APPLICANTS AND 

RECIPIENTS OF HUMAN SERVICES AFTER AN IN CAMERA REVIEW BY THE 

COURT. 


Amends provisions relating to protection of records; divulging confidential information 

prohibited under human services law. Repeals from the limits of the uses or disclosures 

of information concerning applicants purposes directly connected to and necessary for 

the career planning, job training, education, job placement, or employment of participants 

in the workfare program, and extends the limits to disclosure pursuant to a court order, 

after an in camera review of the records by the court, upon a showing of good cause by 

the party seeking the release of the records. -- HB2537 HD2 


Mar=08 12 Single Referral to HMS/ JDL/ 

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HB2539 HD1 (HSCR 160-12) RELATING TO ADULT ABUSE PERPETRATOR CHECKS FOR CHILD CARE 

PROVIDERS. 


Amends provisions relating to child care under department of human services law. 

Requires adult abuse perpetrator checks in the department's adult protective services 

file. -- HB2539 HD1 



HB2540 HD2 (HSCR 875-12) RELATING TO FEES FOR CHILD CARE LICENSING AND REGISTRATION. 


Establishes provisions relating to child care licensing and registration special fund. 

Establishes the fund to be administered by the department of human services into which 

shall be deposited fees received from applicants for a license to operate group child care 

homes or group child care centers and from applicants for a certificate of registration for 

family child care homes, appropriations from the legislature, any other revenues 

designated for the fund, and interest accrued. Requires the moneys in the special fund 

to be used to administer child care licensing and registration and any other purpose 

deemed necessary by the department to ensure the health and safety of children. -- 

Amends provisions relating to licenses and temporary permits and to provisions relating 

to procedure for registration. Allows the department to establish reasonable fees for the 

issuance or renewal of licenses and permits for group child care homes or group child 

care centers, or for the issuance of a certificate of registration for a family child care 

home. -- HB2540 HD2 



HB2547 HD1 (HSCR 553-12) MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HUMAN 

SERVICES. 


Appropriation to the department of human services for general assistance payments 

(HMS 204). ($$) -- HB2547 HD1 



HB2553 HD2 (HSCR 937-12) RELATING TO BUILDING DESIGN FOR PERSONS WITH DISABILITIES. 


Amends provisions relating to building design to consider needs of persons with 

disabilities by adding review fees. Requires the disability and communication access 

board to charge a review fee for services rendered by the board in performing its duties 

and establishes a fee schedule that includes tiered fees based on estimated construction 

costs. Annual report to the legislature. Act to be repealed on December 31, 2017 




HB2555 HD1 (HSCR 349-12) RELATING TO VITAL STATISTICS FEES. 


Amends vital statistics law. Establishes fees for expedited copies or special services. 

Requires charge of 50 dollar fee for expedited certified copy service or services that 

require special attention for birth, death, and marriage records that are already registered 

and accepted by the department of health. Requires the department to keep an account 

of all fees collected and deposit them to the vital statistic improvement special fund. 

Amends provisions relating to fees for certified copies and searches; transcripts or other 

statistical summaries of vital records for national center for health statistics; certified 

copies for veterans and others; and corrections on vital statistics certificates by setting 

fees as follows: 25 dollars for correction in the items on vital statistics certificate and 10 

dollars for searches of files and records not involving the issuance of certified copies; and 

changing deposit fund from general fund to vital statistic improvement special fund. 

Amends provisions relating to copies of certificate; fees by increasing fees from 10 

dollars to 15 dollars for 1st copy and from 4 dollars to 5 dollars for additional copies of 

birth, marriage, divorce, or death certificates. Changes amounts and allocation of 

moneys to various funds as specified. -- HB2555 HD1 



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HB2564 HD1 (HSCR 707-12) RELATING TO VOLUNTEER MEDICAL ASSISTANCE SERVICES. 


Amends provisions relating to the trauma system special fund. Provides that volunteer 

medical assistance personnel as well as volunteer emergency medical disaster response 

personnel include pharmacists. -- HB2564 HD1 



HB2567 HD1 (HSCR 350-12) RELATING TO MARRIAGE LICENSE FEES. 


Amends provisions relating to vital statistics improvement special fund. Adds marriage 

license fees to type of fees remitted to the fund. Amends provisions relating to marriage 

license; agent to grant; fee by increasing fee to 100 dollars, increasing to 91 dollars 

amount remitted to the director of health, and requiring the director to deposit 40 dollars 

for each license issued to the credit of the fund. -- HB2567 HD1 



HB2568 HD2 (HSCR 830-12) RELATING TO BACKGROUND CHECKS. 


Amends provisions relating to criminal history record checks under the department of 

health, checks under services for persons with developmental or intellectual disabilities 

law, and under Hawaii criminal justice data center; civil identification law. Permits as an 

alternative to the department of health, the department's designee to conduct criminal 

history record checks. -- HB2568 HD2 


Mar=08 12 Single Referral to HTH 

HB2569 HD2 (HSCR 957-12) RELATING TO CIVIL UNIONS. 


Establishes provisions relating to exception; religious organizations. Allows a religious 

organization, association, or society, or any nonprofit institution or organization operated, 

supervised, or controlled by or in conjunction with a religious organization, association, 

or society to not be required to provide services, accommodations, advantages, facilities, 

goods, or privileges to an individual if the request for such services, accommodation, 

advantages, facilities, goods, or privileges is related to the solemnization of a civil union. 

Provides that any refusal to provide services, accommodations, advantages, facilities, 

goods, or privileges shall not create any civil claim or cause of action. -- Establishes 

provisions relating to transition from reciprocal beneficiary relationship to civil union; 

uninterrupted rights. Provides that 2 persons who terminate their reciprocal beneficiary 

relationship and enter into a civil union solemnized thereafter within a period of 6 months, 

or 2 persons who entered into a reciprocal beneficiary relationship and entered into a 

union outside the State who are recognized under law as partners in a civil union in the 

State, shall suffer no loss or interruption of any rights, benefits, protections, or obligations 

derived from their reciprocal beneficiary relationship. -- Amends provisions relating to 

requisites of valid marriage contract. Requires that in order to make valid the marriage, 

which shall be only between a man and a woman, it shall be necessary that the 

respective parties do not stand in relation to each other of ancestor and descendant of 

any degree whatsoever, whether the relationship is the result of the issue of parents 

married or not married to each other or parents who are partners to a civil union or not 

partners to a civil union. -- Amends provisions relating to eligibility to enter into a civil 

union. Authorizes any minister, priest, or officer of any religious denomination or society 

who has been ordained or is authorized to solemnize civil unions according to the usages 

of such demonization or society, or any religious society not having clergy but providing 

solemnization in accordance with the rules and customs of that society, may solemnize 

a civil union. -- Amends provisions relating to unions performed in other jurisdictions by 

deleting civil. Provides that a legal union of 2 persons that is not a marriage under this 

act, which was validly formed in another jurisdiction, and which is substantially equivalent 

to a civil union under this act, is to be recognized as a valid civil union in this State and 

is to be treated the same as a civil union entered into in this State regardless of whether 

it bears the name civil union. -- Amends provisions relating to jurisdiction; hearing. 

Requires that the family court of each circuit has jurisdiction over all unions recognized 

as civil unions in this State. -- HB2569 HD2 


Mar=08 12 Single Referral to JDL/ HTH/ 

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HB2573 HD1 (HSCR 886-12) RELATING TO APPRENTICESHIP. 


Amends provisions relating to apprenticeship. Redefines apprentice to include a worker 

at least 16 years of age, except where a higher minimum age standard is fixed by law, 

who is employed to learn an apprenticeable occupation. Changes the standard of the 

program to conform to the federal regulations established by the director of labor and 

industrial relations. Requires the director to accord reciprocal approval to apprenticeship 

programs and agreements that are registered in other states by the federal Office of 

Apprenticeship. -- HB2573 HD1 



HB2574 HD1 (HSCR 574-12) RELATING TO NOTIFICATION OF CHAPTER 91 HEARINGS. 


Amends provisions relating to labor and industrial relations appeals board. Requires all 

parties be given written notice of a hearing by 1st class mail at least 15 days before the 

hearing. Allows notice to be given to the party by publication in a newspaper if and 

party's address cannot be ascertained. -- HB2574 HD1 



HB2575 HD3 (HSCR 815-12) RELATING TO THE BOILER AND ELEVATOR SAFETY LAW. 


Establishes and amends provisions relating to boiler and elevator law. Establishes 

provisions relating to boiler and elevator special fund; establishment; purposes; annual 

report. Establishes the fund into which shall be deposited fees collected under boiler and 

elevator law to carry out the purposes of the law. Annual report to the legislature. 

Establishes fees for inspections, permits, and examinations of boilers, pressure systems, 

amusement rides, and elevators and kindred equipment. Amends provisions relating to 

violations and penalties by changing recipient of civil penalties from the department of 

labor and industrial relations to the general fund. Authorizes the director of labor and 

industrial relations to establish 10 permanent positions subject to civil service and 

collective bargaining. Requires the department to submit an annual report to the 

legislature on the status of the elevator and boiler inspection backlog, including the 

number of inspections completed for the year and the effect the increase in fees and 

establishment of the boiler and elevator special fund have had on the elevator and boiler 

inspection backlog. Appropriation to the fund, of which an unspecified amount is required 

to be paid back within 5 years, and out of the fund. ($$) -- HB2575 HD3 



HB2576 HD2 (HSCR 816-12) RELATING TO EMPLOYMENT SECURITY LAW. 


Amends provisions relating to procedure for rate determination under the Hawaii 

employment security law. Repeals the provisions that allows the employer to file an 

application for review and redetermination in the absence of filing a written notice of 

appeal within 15 days after the mailing of the notice. Requires the appeal to be heard 

by the referee in accordance with applicable provisions of appeals, filing, and hearing, 

and procedure. -- HB2576 HD2 



HB2578 HD1 (HSCR 175-12) RELATING TO THE ADVISORY COUNCIL FOR COMMUNITY SERVICES. 


Amends provisions relating to community services law. Repeals the advisory council for 

community services. -- HB2578 HD1 



HB2584 HD1 (HSCR 629-12) RELATING TO NOTICE OF WORKERS' COMPENSATION INSURANCE. 


Amends provisions relating to notice of insurance under workers' compensation law. 

Allows the director of labor and industrial relations to also accept the notice of employer's 

insurance from approved 3rd party agencies in a manner and form approved by the 

director. -- HB2584 HD1 

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HB2587 HD1 (HSCR 696-12) RELATING TO SAILING SCHOOL VESSELS. 


Amends provisions relating to ocean recreation and coastal areas programs. Redefines 

a sailing school vessel to require compliance with title 46 Code of Federal Regulations 

part 169. -- HB2587 HD1 



HB2589 HD2 (HSCR 648-12) RELATING TO VESSELS. 


Amends provisions relating to disposition by deleting by chairperson of certain 

abandoned vessels. Provides that any vessel may be deemed abandoned if the vessel 

has been moored or otherwise left in the waters of the State or on public property 

contrary to law or rules having the force and effect of law, or left on private property 

without authorization of the owner or occupant of the property and if the vessel's 

registration certificate or marine document has expired and the registered owner no 

longer resides at the address listed in the vessel registration or marine document records 

of the department of the US Coast Guard; the last registered owner of record disclaims 

ownership and the current owner's name or address cannot determined; the vessel 

identification numbers and the means of identification have been removed so as to hinder 

or nullify efforts to locate or identify the owner; and the vessel registration records of the 

department of land and natural resources and the marine document records of the US 

Coast Guard contain no record that the vessel has ever been registered or documented 

and the owner's name or address cannot be determined. Allows decision whether a 

vessel is abandoned to be made by the chairperson of the board of land and natural 

resources with regard to public property under the jurisdiction of the department of land 

and natural resources; any other state department or agency through its director with 

regard to public property within the department or agency's respective jurisdiction; or any 

county through its mayor or the mayor's designee, or chief of police with regard to public 

property within the respective county's jurisdiction. -- Amends provisions relating to when 

public auction not required. Allows the state or county agency that took custody of the 

vessel to sell the vessel by negotiation, dispose of it as junk or donate the vessel to any 

governmental agency after public notice of intended disposition has been given. -- 

Amends provisions relating to vessels abandoned on premises of persons engaged in 

repair business, of private marinas, and by adding of yacht clubs or of other private 

property owners. -- HB2589 HD2 



HB2591 HD2 (HSCR 701-12) RELATING TO ACCRETED LANDS. 


Amends provisions relating to definition of public lands, accretion to land and quieting 

title. Requires that land accreted after May 20, 2003, is to be public land except as 

otherwise provided by law. -- HB2591 HD2 



HB2593 HD2 (HSCR 914-12) RELATING TO EMERGENCY RULES FOR THREATS TO NATURAL RESOURCES OR 

THE HEALTH OF THE ENVIRONMENT. 


Amends the provisions relating to the procedure for adoption, amendment or repeal of 

rules. Allows an agency to proceed without prior notice or hearing provided that an 

agency finds that an imminent peril to natural resources requires adoption, amendment 

or repeal of a rule. -- Amends the provisions relating to filing and taking effect of rules. 

Provides for the immediate adoption of a rule if the agency finds it necessary because 

of imminent peril to natural resources. -- HB2593 HD2 


Mar=08 12 Multiple Referral to ENE/ WLH/ then JDL 

HB2594 HD2 (HSCR 644-12) PROPOSING AN AMENDMENT TO ARTICLE VII, SECTION 12, OF THE HAWAII 

STATE CONSTITUTION TO ASSIST DAM AND RESERVOIR OWNERS. 


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March 8, 2012 99


Proposes to amend the constitution. Authorizes the State to issue special purpose 

revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners. 

-- HB2594 HD2 



HB2595 HD2 (HSCR 866-12) RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST DAM AND 

RESERVOIR OWNERS. 


Establishes provisions relating to assisting dams and reservoir owners. Authorizes the 

department of budget and finance, with the approval of the governor, to issue special 

purpose revenue bonds to assist owners of a dam, or reservoir, or land on which they are 

located. -- HB2595 HD2 



HB2598 HD1 (HSCR 607-12) RELATING TO PRE-SENTENCE REPORTS. 


Amends provisions relating to presentence diagnosis; notice to victims, and report. 

Requires the presentence diagnosis and report to be made by personnel assigned to the 

court or other agency designated by the court. Repeals intake service centers. -- 

HB2598 HD1 



HB2599 HD1 (HSCR 603-12) RELATING TO REENTRY INTAKE SERVICE CENTERS. 


Amends provisions relating to reentry intake service centers. Changes the requirement 

relating to providing pretrial assessment on adult offenders to requirement that centers 

do so when they are consented to or when they are ordered by the court. Requires the 

centers to provide continuing supervision and control of persons ordered to be placed on 

pretrial supervision by the court and persons ordered by the director of public safety. -- 

HB2599 HD1 


Mar=08 12 Single Referral to PGM/ JDL/ 

HB2600 HD2 (HSCR 739-12) RELATING TO CONTROLLED SUBSTANCES. 


Amends provisions relating to schedule I and schedule II. -- HB2600 HD2 


Mar=08 12 Single Referral to HTH/ PGM/ 

HB2601 HD3 (HSCR 740-12) RELATING TO THE SERVICE OF PROCESS. 


Amends provisions relating to the circuit courts, district courts, costs and fees, small 

claims, district courts, civil actions and proceedings, generally, attachment and execution, 

and landlord and tenant. Provides that persons authorized by the rules of the court may 

serve process. Provides that only the sheriff, deputy sheriffs, or police officers can serve 

criminal process. -- HB2601 HD3 


Mar=08 12 Single Referral to PGM/ JDL/ 

HB2602 HD2 (HSCR 766-12) RELATING TO CREDIT FOR TIME OF DETENTION PRIOR TO SENTENCE. 


Amends provisions relating to credit for time of detention prior to sentence; credit for 

imprisonment under earlier sentence for same crime. Requires that when a defendant 

is convicted for a crime committed while serving a sentence of imprisonment on a 

separate unrelated felony conviction, credit for time being served for the term of 

imprisonment imposed on the defendant for the separate unrelated felony conviction is 

not to be deducted from the term of imprisonment imposed on the defendant for the 

subsequent conviction. -- HB2602 HD2 



HB2605 HD1 (HSCR 720-12) RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE 

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Internal Revenue Code. -- HB2605 HD1 



HB2606 HD1 (HSCR 721-12) RELATING TO TAX CLEARANCE FEES. 


Establishes provisions relating to tax clearance fees. Allows the department of taxation 

to charge a fee for each tax clearance application submitted and for each certified copy 

of a tax clearance. -- HB2606 HD1 



HB2608 HD1 (HSCR 599-12) RELATING TO DRIVER LICENSING. 


Establishes provisions relating to driver license reciprocity with foreign countries. 

Requires the director of the Hawaii state department of transportation to establish a 

statewide driver's license reciprocity committee. Report to the legislature. -- HB2608 

HD1 


Mar=08 12 Multiple Referral to TIA/ PGM/ then WAM 

HB2609 HD2 (HSCR 801-12) RELATING TO COMMERCIAL DRIVER'S LICENSE. 


Establishes provisions relating to mobile electronic devices; use while operating a 

commercial motor vehicle prohibited. Prohibits a person from operating a commercial 

motor vehicle while using a mobile electronic device, including using the mobile electronic 

device for texting. Exempts emergency responders using a mobile electronic device 

while in the performance and scope of their official duties, drivers using 2 way radios 

while in the performance and scope of their work related duties and who are operating 

fleet vehicles, and drivers holding a valid amateur radio operator license issued by the 

federal communications commission and using a 1/2 duplex 2 way radio. Establishes 

fine and disqualification from driving a commercial vehicle. -- Amends provisions relating 

to commercial driver's license required. Prohibits a person to operate a commercial 

motor vehicle without a commercial driver's license in such person's possession. -- 

HB2609 HD2 



HB2611 HD2 (HSCR 917-12) RELATING TO ENVIRONMENTAL IMPACT STATEMENTS. 


Establishes provisions relating to exception to applicability of chapter under 

environmental impact statements law. Allows the agency to exempt secondary action 

that is limited to the installation, improvement, renovation, construction, or development 

of infrastructure within an existing public right of way or highway; provided that the 

primary action requires a permit or approval that is not subject to discretionary consent. 

Act to be repealed on July 1, 2059 (sunset). -- HB2611 HD2 


Mar=08 12 Single Referral to ENE 



Establishes provisions relating to exemption from conservation district permitting and site 

plan approval requirements under harbors law. Exempts all work involving submerged 

lands used for state commercial harbor purposes from any permitting and site plan 

approval requirements established for lands in a conservation district. -- HB2613 HD1 


Mar=08 12 Multiple Referral to WLH/ TIA/ then JDL 

HB2614 HD2 (HSCR 758-12) RELATING TO THE COMMERCIAL HARBORS. 


Establishes provisions relating to enforcement of rules under harbors law. Requires 

department of transportation enforcement officers or harbor agents to enforce rules by 

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issuing notices of violation to purported violators. Requires the notice to inform the 

recipient to remit a fee to the harbor special fund to forfeit appearing before an 

administrative hearing to contest the charge, or to appear before an administrative 

hearing to answer to the charge. -- Amends provisions relating to creation of harbor 

special fund; disposition of harbor special fund. Requires fines and penalties arising 

under provisions relating to violation of rules; penalty and pursuant to provisions relating 

to fines arising from environmental protection violations to be paid into the harbor special 

fund. Repeals exclusion of recreational property from requirement that moneys derived 

from harbor properties be paid into the harbor special fund. Repeals exclusion of 

recreational property from use of moneys from the fund. -- Amends provisions relating 

to arrest or citation. Exempts from adjudication as a misdemeanor, and fine and 

imprisonment on conviction, enforcement of state law pursuant to laws relating to motor 

vehicle safety responsibility act; common carriers, compulsory insurance; used motor 

vehicle parts and accessories; abandoned vehicles; traffic violations; a nonresident 

violator compact; statewide traffic code; adjudication of traffic infractions; use of 

intoxicants while operating a vehicle; inchoate crimes; offenses against the person; 

offenses against property rights; money laundering; offenses against the family and 

against incompetents; offenses against public administration; offenses against public 

health and morals; and forfeiture. -- Amends provisions relating to fines arising from 

environmental protection violations. Adds fines arising from maritime transportation 

security violations to title. Extends provisions to violations of maritime transportation 

security pursuant to 33 CFR Chapter 1 and to fines levied by the US Coast Guard. 

Allows the department to collect and deposit amounts reimbursable into the harbor 

special fund. -- HB2614 HD2 


Mar=08 12 Multiple Referral to WLH/ TIA/ then WAM 

HB2617 HD1 (HSCR 697-12) RELATING TO PENALTIES. 


Amends provisions relating to regulation of bumper height. Prohibits a person to operate 

upon any public road, street, or highway within the State a motor vehicle with a bumper 

height in excess of the maximum bumper height requirements. -- HB2617 HD1 



HB2623 HD1 (HSCR 675-12) RELATING TO TRANSFER OF PROPERTY. 

Introduced by: Luke S, Keith-Agaran G, Lee C, Saiki S 

Amends provisions relating to creation of joint tenancy, tenancy by the entirety, and 

tenancy in common. Provides that where spouses or reciprocal beneficiaries make a 

contribution of property to a joint trust or in equal shares to their respective separate 

trusts such property or any part thereof or any accumulation thereto be treated as though 

it were a tenancy by the entirety property. -- HB2623 HD1 



HB2626 HD2 (HSCR 759-12) RELATING TO SAFE ROUTES TO SCHOOL. 

Introduced by: Kawakami D, Cullen T, Ito K, Mizuno J, Evans C, Morikawa D, Chong P, 

Say C, Tokioka J, Aquino H, Johanson A, Har S, Ichiyama L, Lee M, Carroll M 

Establishes provisions relating to safe routes to school program surcharge. Provides that 

a person who violates any traffic violation offense shall be ordered to pay a safe routes 

to school program surcharge of 10 dollars in addition to any other civil penalties ordered 

by the court. -- Establishes a safe routes to school program within the department of 

transportation to enhance traffic safety around Hawaii's schools, enable and encourage 

children to walk and bicycle to school, and make bicycling and walking to school a safer 

and more appealing transportation alternative through the federal safe routes to school 

program. Establishes the position of safe routes to school coordinator. Requires a 

county designated office to provide safe routes to school funds for school based and 

community based workshops and infrastructure and non infrastructure projects that will 

reduce vehicular traffic and congestion, encourage walking and bicycling, and promote 

health and safety around Hawaii's schools. Requires the director of transportation 

through the county safe routes to school program coordinator, and in consultation with 

county safe routes to school program coordinators to develop a mechanism to provide 

funds to county safe routes to school programs from the safe routes to school program 

special fund to be used for the implementation of county safe routes to school program 

projects. Annual report to the legislature. Establishes the safe routes to school fund into 

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which shall be deposited assessments collected for speeding in a school zone, and safe 

routes to school program surcharges collected. Requires that the funds be distributed 

to the counties by the director of transportation. -- HB2626 HD2 


Mar=08 12 Multiple Referral to EDU/ TIA/ then WAM 

HB2628 HD2 (HSCR 443-12) RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE. 


Amends provisions relating to exclusions from application of chapter under the residential 

landlord tenant code. Exempts a private dorm management company that offers a 

minimum of 50 beds to students of any college, university, or other institution of higher 

education in the State. -- HB2628 HD2 


Mar=08 12 Multiple Referral to EDU then CPN 

HB2639 HD2 (HSCR 741-12) RELATING TO HIGHER EDUCATION. 

Introduced by: Nishimoto S, Johanson A, Chang J, Manahan J, Aquino H, Wooley J, 

McKelvey A, Hashem M, Ichiyama L, Choy I, Kawakami D, Coffman D, Pine K, Takai K, 

Lee C, Tsuji C, Keith-Agaran G, Fontaine G, Ward G, Brower T, Rhoads K, Lee M, 

Cullen T, Yamashita K, Yamane R, Saiki S, Souki J, Ito K, Mizuno J, Evans C, Har S 

Amends provisions relating to college credit equivalency program established; purpose; 

policies and procedures; eligibility. Requires the program to award credits for 

professional experience gained through service in the US armed forces. Requires the 

program to prepare and make public a learning assessment or other criteria to determine 

college level learning gained during service in the US armed forces. -- HB2639 HD2 


Mar=08 12 Single Referral to EDU/ PGM/ 

HB2642 HD2 (HSCR 742-12) RELATING TO FIREWORKS. 

Introduced by: Aquino H, Tsuji C, Cullen T, Yamane R, Manahan J 

Amends provisions relating to importation of aerial devices, display fireworks, or articles 

pyrotechnic for display. Requires that aerial devices, display fireworks, or articles 

pyrotechnic only be imported and stored, if necessary, in an amount sufficient for an 

anticipated 3 month inventory. Provides that if a licensee provides aerial devices, display 

fireworks, or articles pyrotechnic for displays more than once a month, the licensee may 

import or store, if necessary, sufficient aerial devices, display fireworks, or articles 

pyrotechnic for a 6 month inventory, provided further that this section shall not apply to 

any licensee who imports aerial devices, display fireworks, or articles pyrotechnics and 

provides proof of a licensed fireworks storage facility, accurate recordkeeping and 

auditing procedures of fireworks, and the production of at least 12 displays within the last 

12 calendar months. -- Amends provisions relating to requirements of licensee under the 

fireworks law. Requires the importer or consignee to provide written notification to the 

appropriate county official, and if applicable, the location of the storage facility in which 

the fireworks or articles pyrotechnic are to be stored; and provide a bill of lading or 

packing list, or both, specifying the types of products being imported, their classification, 

and their gross weight. -- Amends provisions relating to labeling of display fireworks. 

Requires all licensed importers to place the following marks of identification on all display 

fireworks, articles pyrotechnic, or aerial devices imported, and in no event later than 15 

days after the date of importation into the State the name and address (city and state) 

of the importer, and the location (city and country) where the display fireworks, articles 

pyrotechnic, or aerial devices were manufactured and the date and shift of manufacture; 

provided that a foreign manufacturer that operates a plant for only 1 shift during the day 

need not show the shift of manufacturers. -- HB2642 HD2 



HB2644 HD2 (HSCR 947-12) RELATING TO THE PUBLIC UTILITIES COMMISSION. 

Introduced by: Souki J, McKelvey A, Herkes R 

Establishes provisions relating to commission best practices. Requires the public utilities 

commission to implement best practices. Further requires the commission to establish 

a system to gather, assess, and update utility and regulatory best practices. Report to 

the legislature. Appropriation. ($$) -- HB2644 HD2 



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HB2655 HD2 (HSCR 817-12) RELATING TO LABOR. 

Introduced by: Yamashita K, Rhoads K, Hashem M, Ichiyama L, Morikawa D, Cullen T, 

Aquino H, Kawakami D, Yamane R, Tokioka J 

Requires the department of labor and industrial relations to establish and operate a 

training program to augment and expand the reach of the workforce investment activities 

currently administered by the department pursuant to the federal Workforce Investment 

Act of 1998. Requires the program to use state funds to develop and administer 

workforce investment activities to address the training needs of unemployed and 

underemployed workers, veterans, persons with disabilities, persons with limited English 

proficiency, homeless persons, and persons recently released from incarceration. 

Requires the program funds to be allocated to county workforce investment boards in 

proportion to the allocation of federal funds under the federal Workforce Investment Act 

of 1998, as amended, to each respective county. -- Appropriation for the establishment 

of a training program to expand the workforce investment activities administered by the 

department of labor and industrial relations under the federal Workforce Investment Act 

of 1998, as amended. -- Authorizes the moneys in the employment and training fund, for 

the period July 1, 2012, to June 30, 2013, to fund costs to administer, manage, report, 

and oversee Title I programs funded under the federal Workforce Investment Act of 1998, 

Public Law 105-220, as amended, for which insufficient federal funds were allocated; and 

repeals that authorization on July 1, 2013 (sunset). ($$) -- HB2655 HD2 



HB2656 HD2 (HSCR 889-12) RELATING TO AIR POLLUTION CONTROL. 


Establishes provisions relating to crematoriums. Subjects crematoriums of human 

remains to permit requirements of the air pollution control law. -- HB2656 HD2 


Mar=08 12 Multiple Referral to HTH/ ENE/ then WAM 

HB2658 HD1 (HSCR 683-12) RELATING TO CORPORATIONS. 


Amends provisions relating to action plan under the Hawaii business corporation act. 

Provides with respect to corporations incorporated before July 1, 1987, that the vote of 

the shareholders at the meeting is subject to specified notification requirements. 

Provides that if the plan involves a merger of a publicly traded corporation with or into a 

direct or indirect subsidiary corporation, of which all of the outstanding shares of each 

class are owned directly or indirectly by the parent corporation, the plan shall be 

approved upon receiving the affirmative vote of the holders of a majority of each class 

of the shares entitled to vote thereon as a class and of the total shares entitled to vote 

thereon and any class of shares of any such corporation shall be entitled to vote as a 

class if any such plan contains any provision that, if contained in a proposed amendment 

to articles of incorporation, would entitle that class of shares to vote as a class and, in the 

case of an exchange, if the class is included in the exchange; as if each party to the 

merger was incorporated on or after July 1, 1987. -- HB2658 HD1 





Requires the department of budget and finance to conduct a study of the Hawaii 

employer union health benefits trust fund to moderate the annual contributions of public 

employers for the health benefits of active and retired members while maintaining 

sufficient health benefits coverage for the active and retired members and amortize the 

unfunded actuarial accrued liability the trust over 30 years. Report to legislature and 

governor. Appropriation. ($$) -- HB2661 HD2 



HB2662 HD1 (HSCR 453-12) RELATING TO STATUTORY REVISION: AMENDING VARIOUS PROVISIONS OF THE 

HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE 

PURPOSE OF CORRECTING ERRORS AND REFERENCES AND CLARIFYING 

LANGUAGE. 


Amends or repeals various provisions of the Hawaii revised statutes and the session laws 

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of Hawaii for the purpose of correcting errors, clarifying language, correcting references, 

and deleting obsolete or unnecessary provisions. -- HB2662 HD1 



HB2664 HD1 (HSCR 829-12) RELATING TO HEALTH CARE COORDINATION. 

Introduced by: Yamane R, Yamashita K, Carroll M, Souki J, McKelvey A 

Establishes provisions relating to public private partnership under Hawaii health systems 

corporation law. Establishes the partnership within the Hawaii health systems 

corporation in a county with a population between 100,000 and 170,000, to research, 

develop, and implement a model of health care delivery that addresses the coordination 

of care across the spectrum of care from acute, to skilled nursing facility to home, 

seamlessly, efficiently, appropriately, and in a cost effective manner. Imposes 

requirements upon the partnership including working to resolve the challenges in the post 

acute care environment. Appropriation. ($$) -- HB2664 HD1 




Introduced by: Tsuji C, McKelvey A, Chong P, Awana K, Yamashita K, Hashem M, 

Evans C, Ichiyama L, Kawakami D, Tokioka J, Chang J, Brower T, Lee C, Har S, 

Morikawa D 

Provides a livestock feed income tax credit for each qualified producer after December 

31, 2011, and ending before January 1, 2013 (sunset). Requires the department of 

agriculture to issue a certificate to verify that the taxpayer qualifies for the credit. -- 

Provides a livestock feed development income tax credit for a qualified producer after 

December 31, 2012, and ending before January 1, 2015. Requires the department of 

agriculture to issue a certificate to verify that the taxpayer qualifies for the credit. -- 

Amends provisions relating to important agricultural land qualified agricultural cost 

income tax credit. Provides an additional tax credit for expenditure for drought mitigation 

projects providing water for lands that are important agricultural lands. Requires the 

department of agriculture to verify the project expenditures. Repealed on January 1, 

2021. -- HB2668 HD2 



HB2679 HD1 (HSCR 679-12) RELATING TO ANIMAL CRUELTY. 

Introduced by: Saiki S, Luke S, Keith-Agaran G 

Amends provisions relating to authority to enter premises; notice of impoundment of 

animal; damage resulting from entry. Allows a law enforcement officer, after obtaining 

a search warrant, to enter the premises where the equine animal is located to provide the 

equine animal with food, water, and emergency medical treatment or to impound the 

equine animal if there is probable cause to believe that an equine animal is being 

subjected to cruelty to animals treatment. -- Amends provisions relating to forfeiture of 

animal prior to disposition of criminal charges include equine. Provides that in addition 

to any reasonable costs incurred by the petitioner in the caring for the pet animal or 

equine animal, the petitioner is entitled to an award of attorney's fees and court costs 

incurred by the petitioner in the filing of the petition for the forfeiture of the pet animal or 

equine animal. -- HB2679 HD1 



HB2681 HD1 (HSCR 743-12) RELATING TO ELECTRIC GUNS. 

Introduced by: Jordan J, Okamura T 

Amends provisions relating to restriction on possession, sale, gift, or delivery of electric 

guns. Requires that any electric gun possessed, offered, held, sold, given, lent, or 

delivered is to be confiscated or disposed of by the chief of police. Repeals provisions 

relating to the requirement that the conservation and resources enforcement program of 

the department of land and natural resources meet the law enforcement accreditation or 

recognition standards of the Commission on Accreditation for law Enforcement Agencies. 

Act to be repealed on June 30, 2017 (sunset). -- HB2681 HD1 


Mar=08 12 Single Referral to PGM/ WLH/ 

HB2682 HD1 (HSCR 476-12) RELATING TO COMMERCIAL ACTIVITIES ON OCEAN WATERS. 

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March 8, 2012 105


Introduced by: Jordan J, Kawakami D 

Amends provisions relating to ocean recreation and coastal areas program. Authorizes 

the department of land and natural resources to regulate the commercial use of state 

waters and marine resources, including those operations that use private marinas and 

commercial activities in state waters including those operations originating from private 

marinas. -- HB2682 HD1 


Mar=08 12 Multiple Referral to WLH then CPN 

HB2684 HD2 (HSCR 760-12) RELATING TO THE ZIPPER LANE. 

Introduced by: Jordan J, Cullen T, Har S, Ichiyama L, Okamura T 

Requires the department of transportation to conduct a feasibility study on extending the 

zipper lane westward from Waipahu toward Kapolei, west of the Kunia on ramp. Report 

to the legislature. Appropriation out of the state highway fund. ($$) -- HB2684 HD2 



HB2685 HD2 (HSCR 876-12) RELATING TO HUMAN SERVICES. 


Amends provisions relating to applications for public assistance; manner, form, 

conditions. Increases the amount of assets for households with minor dependents, from 

5,000 to 10,000 dollars, that is disregarded in determining the needs of persons for 

financial assistance (temporary assistance for needy families TANF). -- HB2685 HD2 



HB2686 HD1 (HSCR 730-12) RELATING TO CIVIL LIABILITY. 

Introduced by: Wooley J, Rhoads K 

Establishes provisions relating to providing access to land, shelter, and subsistence 

during a disaster; exemption from liability. Exempts an owner from civil liability for any 

injury or damage suffered by the person that resulted from the owner, who in good faith, 

providing access to land, shelter, or subsistence, including food and water, to a person 

during a disaster without remuneration or expectation of remuneration, unless the injury 

or damage was caused by the gross negligence or intentional or wanton acts or omission 

of the owner. -- HB2686 HD1 



HB2690 HD2 (HSCR 890-12) RELATING TO GEOTHERMAL RESOURCES. 

Introduced by: Coffman D, Say C, Manahan J 

Amends provisions relating to reservation and disposition of government mineral rights. 

Prohibits the board of land and natural resources to require any person applying for a 

lease or permit exclusively for geothermal resources exploration to prepare an 

environmental assessment or environmental impact statement as a condition of 

accepting an application for or issuing the lease or permit. -- Amends provisions relating 

to zoning amendments under conservation district law. Requires geothermal resources 

exploration and geothermal resource development to be permitted uses in all zones of 

the conservation district. -- Amends provisions relating to districting and classification of 

lands under the land use commission. Requires urban districts and rural districts to 

include geothermal resources exploration and geothermal resource development. 

Provides that conservation districts shall also include areas for geothermal resources 

exploration and geothermal resources development. Repeals provisions relating to 

geothermal resource subzones. Exempts geothermal exploration from environmental 

impact statement law. -- HB2690 HD2 


Mar=08 12 Multiple Referral to ENE/ WLH/ PGM/ then CPN/ 

WAM/ 

HB2703 HD2 (HSCR 944-12) RELATING TO FOOD SELF-SUFFICIENCY. 

Introduced by: Lee C, Takumi R, Cullen T, Manahan J, Souki J, Mizuno J, Thielen C, 

Cabanilla R, Pine K, Morikawa D, Carroll M, Keith-Agaran G, Riviere G, Jordan J, 

Nishimoto S, Tsuji C, Okamura T, Brower T, Fontaine G, Takai K, Belatti D, Ward G, 

Marumoto B, Johanson A, Yamashita K, Ito K, Lee M, Coffman D, Hanohano F, Luke S, 

Evans C 

Establishes the food sustainability law. Requires the department of agriculture to be 

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March 8, 2012 106


responsible for measuring and analyzing the amount of food livestock, dairy and edible 

crop commodities grown and sold in the State on an annual basis and make the 

information public. Requires the department, on an annual basis and in conjunction with 

the department of business, economic development, and tourism, to identify key food 

commodities to be targeted for assistance for developing an increased local market 

share. Requires the department to plan and adopt incentives to ensure that the food 

sustainability standards are met. Annual report to the legislature. Requires the 

department to establish a statewide food sustainability standard, to be achieved by the 

year 2020, that requires the State to increase the production of food grown in the State 

for local consumption to no less than twice the amount of locally grown food in 2013; 

provided that the department shall measure this amount by the farm cash receipts for 

livestock, dairy, and crops without regard to any inflation adjustments, or by a 

comparable measurement as determined by the department. Report to the legislature. 

-- HB2703 HD2 


Mar=08 12 Multiple Referral to AGL/ WLH/ then WAM 

HB2736 HD1 (HSCR 800-12) RELATING TO PROMOTION OF CONTROLLED SUBSTANCES. 

Introduced by: Keith-Agaran G, Johanson A, Souki J, Aquino H, Yamane R, Rhoads K, 

Cullen T, Nishimoto S, Cabanilla R, Choy I, Manahan J 

Amends provisions relating to promoting a controlled substance in, on, or near schools, 

school vehicles, or public parks by adding or public housing projects or complexes. -- 

HB2736 HD1 




Introduced by: Tokioka J, Kawakami D, Morikawa D 


defining power generating facility to mean any electricity generating facility that requires 

a permit issued under the Federal Clean Air Act or the Hawaii air pollution control law, 

or both and increasing the tax for each gallon of naphtha sold for use in a power 

generating facility to 2 cents by extending the sunset date to December 31, 2015. -- 

HB2740 HD1 



HB2751 HD2 (HSCR 959-12) RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION. 


Establishes provisions relating to contempt. Requires that a person who is not a member 

of either house of the legislature will be in contempt if the person recklessly engages in 

disorderly or contemptuous behavior during a hearing of an investigating committee, or 

a session of the legislature or creates a breach of peace or disturbance with the intent 

to interrupt an investigating committee's proceedings or session of the legislature or 

either house thereof. Allows the investigating committee to find the person in summary 

contempt under the rules of the legislature or respective house of the legislature, 

provided that the person is provided with written notice of the charge levied against them, 

and is provided the opportunity to be heard and to present evidence in the person's own 

defense. Requires that the sergeant at arms to arrest and remove a person for probably 

contempt. -- Amends provisions relating to penalties. Reduces the time a person found 

guilty of contempt is to be imprisoned from a maximum of 1 year to a maximum of 10 

days. -- HB2751 HD2 



HB2760 HD2 (HSCR 918-12) RELATING TO TRAFFIC SAFETY. 

Introduced by: Fontaine G, Ichiyama L, Souki J, Rhoads K, Okamura T, Aquino H, 

Cullen T, Marumoto B, Pine K, Thielen C, Ching C 

Establishes provisions relating to mobile electronic devices; prohibition. Prohibits a 

person from operating a commercial motor vehicle while using a mobile electronic device, 

including using the mobile electronic device for texting. Exempts emergency responders 

using a mobile electronic device while in the performance and scope of their official 

duties, drivers using 2 way radios while in the performance and scope of their work 

related duties and who are operating fleet vehicles, and drivers holding a valid amateur 

radio operator license issued by the federal communications commission and using a 1/2 

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March 8, 2012 107


duplex 2 way radio. Establishes fine and disqualification from driving a commercial 

vehicle. -- Amends provisions relating to driving or parking upon bikeway; parking 

penalty. Prohibits any person from driving any vehicle other than a bicycle upon a bicycle 

path, except upon a permanent or authorized temporary driveway, or park any vehicle 

upon a bicycle path. Prohibits a moped driver to operate a moped on a bicycle lane or 

use a bicycle path. -- HB2760 HD2 



HB2766 HD2 (HSCR 818-12) RELATING TO PUBLIC WORKS. 

Introduced by: Chong P, Manahan J, Say C, Har S, Okamura T, Tokioka J, Ito K, Mizuno 

J, Carroll M, Morikawa D, Kawakami D, Cullen T, Evans C, Jordan J, Ichiyama L, 

Yamashita K, Hashem M 

Establishes provisions relating to wage and hour for public works projects special fund. 

Establishes the fund in the state treasury whose moneys shall be expended by 

department of labor and industrial relations to enforce the wage and hour law on public 

works projects. Excepting the department of transportation's airports division, requires 

any state department that receives an appropriation for capital improvement projects to 

transfer .03 per cent of all state fund appropriations made available for capital 

improvements designated for the construction cost element into the fund provided that 

this applies only to capital improvement project appropriations that are designated for the 

construction or renovation of state buildings. Prohibits the department from assessing 

any fees or any other charges on any state department depositing moneys into the fund. 

-- Annual reports to the legislature. Appropriation to establish 3 positions. ($$) -- HB2766 

HD2 



HB2769 RELATING TO ENHANCED 911 SERVICES. 



cellular phone, mobile telephone, wireless telephone). Redefines public safety agency 

to mean a functional division of the State or a county rather than governmental entity, 

that provides or has authority to provide, or a state or county agency that provides 

firefighting, law enforcement, ambulance, medical, or other emergency services. -- 

HB2769 


Mar=08 12 Single Referral to PGM 

HB2773 HD3 (HSCR 950-12) RELATING TO THE WEED AND SEED PROGRAM. 

Introduced by: Cullen T, Ito K, Fontaine G, Mizuno J, Rhoads K, Lee M 

Establishes provisions relating to weed and seed program; establishment, under 

department of labor and industrial relations law. Establishes the weed and seed program 

within the department of labor and industrial relations to reduce crime and improve the 

quality of life for residents and neighborhoods in the State. Requires the weed and seed 

strategy to be a collaborative effort among residents, law enforcement agencies, social 

service providers, educators, area business, and other resource agencies and support 

organizations. Report to the legislature and the governor. -- Appropriation as a grant 

under grants and subsidies law to the Young Men's Christian Association of Honolulu to 

support the program on Oahu and appropriation to the department to maintain and 

expand the program. ($$) -- HB2773 HD3 



HB2776 HD2 (HSCR 803-12) RELATING TO LIABILITY INSURANCE. 

Introduced by: Manahan J, Mizuno J, Yamane R, Aquino H 

Establishes provisions relating to liability insurance under department of health and 

department of human services laws. Requires the acquisition and maintenance of liability 

insurance by operators of adult foster homes, adult residential care homes, assisted 

living facilities, expanded adult residential care homes, and community care foster family 

homes in an amount deemed sufficient by the directors, respectively, but exempts those 

that are operating under a contract with the department of human services or the 

department of health and are in compliance with the liability insurance coverage 

requirements of their contacts. -- HB2776 HD2 


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March 8, 2012 108


Mar=08 12 Multiple Referral to HTH/ HMS/ then CPN 



Establishes the photo speed imaging detector program (photo speed imaging system) 

law. Authorizes any county to implement the program to enforce excessive speeding 

laws. Establishes the photo speed imaging detector program account into which fines 

collected will be deposited and which shall be used for the establishment, operation, 

management, and maintenance of the system. Appropriation to the counties. ($$) -- 

HB2789 HD1 





Establishes the photo red light imaging detector system program (photo red light imaging 

system). Authorizes any county to implement the program to impose monetary liability 

on the operator of a motor vehicle for failure to comply with traffic signal laws. Establishes 

the photo red light imaging detector program account into which fines collected will be 

deposited and which shall be used for the establishment, operation, management, and 

maintenance of the system. Establishes procedures for summons or citations. 

Appropriation to the counties. -- HB2790 HD1 



HB2793 HD1 (HSCR 867-12) RELATING TO BOARD OF LAND AND NATURAL RESOURCES. 

Introduced by: Ito K, Chang J, Har S 

Amends provisions relating to board of land and natural resources; terms and 

qualifications of members of the board; organization; expenses. Requires that for the 

purposes of making determinations on ocean resources matters, the board is to consist 

of 11 members. Requires that the 4 ocean resources members be appointed to the 

board by the governor. Requires the 4 members are to be considered in determining 

quorum and majority only on issues relating to ocean resources and may vote only on 

issues related to ocean resources. -- HB2793 HD1 


Mar=08 12 Single Referral to WLH 

HB2798 HD3 (HSCR 744-12) RELATING TO A VETERANS TREATMENT COURT. 

Introduced by: Aquino H, Cullen T, Manahan J, Chong P, Yamane R, Say C, Takumi R, 

Luke S, Cabanilla R, Ito K, Yamashita K, Keith-Agaran G, Johanson A, Ichiyama L, Lee 

M, Souki J, Okamura T 

Establishes provisions relating to a temporary Hawaii veterans court to be administered 

by a circuit court judge of the 1st circuit court to be selected by the chief justice. 

Establishes requirements for eligibility. Authorizes the hiring of personnel. Authorizes 

the judiciary to seek federal assistance. Appropriation. Act to be repealed on June 30, 

2021 (sunset). ($$) -- HB2798 HD3 



HB2799 HD1 (HSCR 483-12) RELATING TO ELECTRIC VEHICLES. 


Amends provisions relating to placement of electric vehicle charging system. Requires 

that if parking stalls are not assigned to specific owners, the private entity selects and 

assigns alternative parking stalls that, in the opinion of the private entity, are better suited 

for electric vehicle charging stations. -- HB2799 HD1 


Mar=08 12 Multiple Referral to ENE/ TIA/ then CPN 




Extends the sunset date of the 7.50 dollars surcharge tax to June 30, 2017. Provides 

that for fiscal years 2012 - 2013 to 2013 - 2014, 50 million dollars shall be deposited into 

the general fund and the remainder deposited into the rental motor vehicle customer 

facility charge special fund and that for fiscal years 2014 - 2015, 2015 - 2016, and 2016 

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March 8, 2012 109


- 2017, 30 million dollars shall be deposited into the general fund and the remainder shall 

be deposited into the rental motor vehicle customer facility charge special fund. Amends 

Act 104, session laws of 2011, relating to the remittance of the surcharge and 

establishing a rental motor vehicle customer facility charge on the customer, by 

extending the sunset date to June 30, 2017. -- HB2800 HD1 



HB2806 HD2 (HSCR 899-12) RELATING TO NATIVE HAWAIIANS. 


Establishes provisions relating to the Aha moku advisory committee; established. 

Establishes the committee within the department of land and natural resources to advise 

the chairperson of the board of land and natural resources on integrating indigenous 

resource management practices with western management practices in each moku; 

identifying a comprehensive set of indigenous practices for natural resource 

management; fostering the understanding and practical use of native Hawaiian resource 

knowledge, methodology, and expertise; sustaining the State's marine, land, cultural, 

agricultural, and natural resources; providing community education and fostering cultural 

awareness of the benefits of the aha moku system; fostering protection and conservation 

of the State's natural resources; and developing an administrative structure that oversees 

the aha moku system. Requires an annual report to the legislature and the board of land 

and natural resources with a list of all recommendations made by the committee and the 

resulting action taken by the department. Appropriation. ($$) -- HB2806 HD2 


Mar=08 12 Multiple Referral to HWN/ WLH/ then WAM 

HB2808 RELATING TO KIKALA-KEOKEA. 


Requires the lessees of the Kikala-Keokea homestead area whose leases were 

authorized to be allowed an additional period of 10 years within which to construct 

dwelling as required by their leases. -- HB2808 


Mar=08 12 Multiple Referral to HWN then WAM 

HB2809 HD1 (HSCR 690-12) RELATING TO KALO APPRECIATION MONTH. 

Introduced by: Hanohano F, McKelvey A, Wooley J 

Establishes provisions relating to kalo appreciation month. Requires October to be 

known and designated as kalo appreciation month in Hawaii to celebrate the kalo 

tradition in Hawaii and the cultural connection of native Hawaiians to kalo, the Hawaiian 

word for taro. This month shall not be construed to be a state holiday. -- HB2809 HD1 


Mar=08 12 Single Referral to AGL/ EDT/ 

HB2816 HD1 (HSCR 300-12) RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR LE 

JARDIN ACADEMY. 

Introduced by: Lee C 

Authorizes the issuance of special purpose revenue bonds to assist Le Jardin academy, 

a private not for profit elementary and secondary school, in financing and refinancing the 

construction, improvement and equipping of its educational facilities in the state of 

Hawaii. Authorizes the issuance of refunding special purpose revenue bonds to refund 

the special purpose revenue bonds. ($$) -- HB2816 HD1 




Introduced by: Chang J, Ito K, Nakashima M, Tsuji C, Ichiyama L, Yamashita K, Herkes 

R, Evans C 

Requires the Hawaii community development authority to determine the costs and 

benefits of selling and purchasing certain properties within the Kakaako community 

development district. Report to the legislature. -- HB2819 HD1 



HB2820 HD3 (HSCR 868-12) RELATING TO HAWAIIAN FISHPONDS. 

Introduced by: Chang J, Evans C, Chong P 

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March 8, 2012 110


Establishes provisions relating to East Honolulu fishpond heritage area. Requires the 

department of land and natural resources to establish the east Honolulu fishpond 

heritage area to preserve existing Hawaiian fishponds and related cultural and historical 

sites, including traditional fishpond structures, including traditional rock walls, fishpond 

gates, and auwai, while making it permissible and desirable to repair, strengthen, and 

maintain these structures; preserve existing native Hawaiian fish and habitat, plants and 

plant habitat, and endangered birds that presently inhabit the area; preserve existing 

spring water sources, on the surface and underground, from harmful alterations or 

development; and preserve customary and traditional uses of fishponds in the fishpond 

heritage area. -- Establishes provisions relating to lease preferences; Hawaiian 

fishponds, or loko i'a (ia). Requires the board of land and natural resources to provide 

preferences for the reconstruction, restoration, repair, or use of Hawaiian fishponds, 

generally referred to as loko i'a, when issuing leases for state land suitable for Hawaiian 

fishponds. -- Establishes provisions relating to traditional names of kanaka maoli 

fishponds, or loko I'a. Requires the board to provide preference to the retention of the 

traditional name of a kanaka maoli fishpond, or loko i'a, when issuing leases for public 

land suitable for reconstruction, restoration, repair, or use of kanaka maoli fishponds, or 

loko i'a. Requires the department to hold in trust all Hawaiian fishponds held as public 

lands under its jurisdiction and transfer the lands to a native Hawaiian government upon 

the establishment of such a government. -- HB2820 HD3 


Mar=08 12 Multiple Referral to WLH/ HWN/ then WAM 

HB2841 RELATING TO THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT. 

Introduced by: Luke S, Lee C, Evans C, Takumi R, Johanson A, Morikawa D, Okamura 

T, Souki J, Lee M, Fontaine G, Brower T, Ito K, Cabanilla R, Wooley J, McKelvey A, 

Keith-Agaran G, Takai K, Herkes R, Belatti D, Har S, Saiki S, Hanohano F, Tokioka J, 

Pine K, Cullen T, Rhoads K, Thielen C, Mizuno J, Carroll M, Marumoto B, Ichiyama L, 

Nishimoto S 

Establishes the uniform interstate depositions and discovery act law. Establishes 

procedures for issuance and service of subpoenas and applications to the court. -- 

HB2841 



HB2848 HD3 (HSCR 745-12) RELATING TO PUBLIC SAFETY. 

Introduced by: Manahan J, McKelvey A, Yamane R, Cullen T 

Establishes a legislative wellness center task force, within the legislature, to develop a 

plan and make recommendations to move forward the concept of pu'uhonua (puuhonua), 

or wellness center, and to recommend a location for the wellness center on lands owned 

or controlled by the State with preference given to the site formerly used as the Kulani 

correctional facility in east Hawaii. Requires the legislative reference bureau to provide 

administrative support. Report to the legislature. Task force to cease to exist on June 

30, 2013 (sunset). -- HB2848 HD3 


Mar=08 12 Multiple Referral to HWN/ WLH/ PGM/ then WAM 

HB2852 HD1 (HSCR 671-12) RELATING TO LANDOWNER LIABILITY. 

Introduced by: Hashem M, Manahan J, Chang J 

Establishes provisions relating to liability for maintenance of property nuisance. 

Establishes that a person may be held personally liable in damages for injury or trespass, 

whether direct or indirect, including the diminution of property valuation, to another 

person or property of the other person proximately caused by the maintenance of a 

residentially zoned property nuisance. Requires a person engaging in conduct that 

constitutes the maintenance of a property nuisance involving 3 or more residentially 

zoned separate properties within a 1 mile radius from a claim arising out of maintenance 

of a property nuisance and judgment is entered for the person who is asserting the claim, 

the person shall be awarded a sum equal to 3 fold damages sustained by that person. 

-- HB2852 HD1 



HB2869 HD2 (HSCR 841-12) RELATING TO THE ECONOMY. 

Introduced by: McKelvey A, Hashem M, Kawakami D, Morikawa D, Cullen T, Ichiyama 

L, Jordan J, Evans C, Lee M, Carroll M, Okamura T, Ito K, Say C 

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March 8, 2012 111



income tax credit. Changes the credit for qualified production cost to ____ per cent of 

the qualified production costs incurred by a qualified production in any county with a 

population of over 700,000. Provides a ____ per cent credit for wages and salaries of 

all cast, crew, and musicians that are included in the production costs incurred by a 

qualified production in any county of the State with a population of over 700,000, a ____ 

per cent credit for wages and salaries of all cast, crew, and musicians that are included 

in the production costs incurred by a qualified production in any county of the State with 

a population 700,000 or less, and for ____ per cent for wages and salaries of cast, crew, 

and musicians who are residents of the State. Requires the department of business, 

economic development, and tourism to submit reports to the legislature and the governor. 

Changes the total tax credits allowed per production. Redefines digital media to include 

production methods and platforms directly related to the creation of cinematic imagery 

and content to be delivered via the internet. Redefines production to include animation 

or special and visual effects and post production. Amends Act 88, session laws of 2006, 

by extending the sunset date. -- HB2869 HD2 



HB2871 HD1 (HSCR 477-12) RELATING TO THE WEST MAUI OCEAN RECREATION MANAGEMENT AREA. 

Introduced by: McKelvey A, Carroll M, Yamashita K, Souki J, Har S 

Requires the department of land and natural resources to establish a west maui ocean 

recreation management area advisory committee to advise the department on issues 

arising related to the uses and maintenance of state waters within the west Maui ocean 

recreation management area, particularly with respect to the waters adjacent to 

Kaanapali on the Island of Maui. Report to the legislature. -- HB2871 HD1 



HB2872 HD3 (HSCR 842-12) RELATING TO AEROSPACE HIGH TECHNOLOGY DISTRICTS. 

Introduced by: McKelvey A, Yamashita K, Say C, Herkes R 

Amends provisions relating to permissible uses within the agricultural districts. 

Authorizes aerospace high technology parks provided that the soil classification be C, D, 

or E and provided that the aerospace high technology park has obtained a special permit 

from the planning commission of the county. -- HB2872 HD3 


Mar=08 12 Multiple Referral to PGM/ EDT/ WLH/ then WAM 

HB2873 HD2 (HSCR 843-12) RELATING TO THE PACIFIC INTERNATIONAL SPACE CENTER FOR EXPLORATION 

SYSTEMS. 

Introduced by: McKelvey A, Choy I, Chang J, Evans C, Nakashima M, Johanson A, Say 

C, Chong P, Ichiyama L, Ward G 

Establishes provisions relating to the Pacific international space center for exploration 

systems within the department of business, economic development and tourism. 

Establishes a board of directors. Requires the director to oversee, supervise, and direct 

the planning, evaluation, and coordination of space related activities, establish 

partnerships with corporate, government, and University of Hawaii, and promote 

opportunities for expanding and diversifying aerospace related industries in the State, 

including a Pacific international space center for exploration systems to support space 

exploration and settlement. Transfers rights, powers, functions, and duties of the 

university of Hawaii pertaining to the Pacific international space center for exploration 

systems to the office of aerospace development of the department. Authorizes the 

issuance of general obligation bonds for the purpose of constructing the Pacific 

international space center for exploration system aerospace research technology park 

project. Appropriation. ($$) -- HB2873 HD2 


Mar=08 12 Multiple Referral to PGM/ EDU/ EDT/ then WAM 



Establishes the broadband special fund within the department of business, economic 

development and tourism to be expended on broadband access to public schools and 

the means for technology based learning in public schools, including the provision of 

laptop computers to public school students. Provides the fund will cease to exist June 

30, 2017 (sunset). Requires all recipients of moneys appropriate from fees collected 

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March 8, 2012 112


from cable television systems to receive no more in annual appropriations than the lesser 

of the amount that the recipient received in 2011 that was calculated based upon revenue 

generated by a cable operator in 2010; or the amount that the recipient would otherwise 

be calculated to receive in that current year based upon revenue generated by cable 

operator in the previous year. Requires the director of commerce and consumer affairs 

to deposit the difference between the amounts calculated each year into the broadband 

special fund. -- HB2874 HD1 



HB2875 RELATING TO THE HAWAIIAN LANGUAGE IMMERSION PROGRAM. 

Introduced by: Carroll M, Manahan J, Evans C, Mizuno J, Brower T, Cullen T, Luke S, 

Nishimoto S, Lee C 

Establishes the Hawaiian language immersion program law. Requires the reading, math, 

science, and other assessments administered to students in grades 3 and 4 in the 

department of education's Hawaiian language immersion program to be developed 

originally in the Hawaiian language and include accommodations regularly provided to 

these students in their classroom. -- HB2875 


Mar=08 12 Multiple Referral to HWN/ EDU/ then WAM 

HB2881 HD2 (HSCR 893-12) RELATING TO GREENWAYS. 

Introduced by: Jordan J, Har S, Rhoads K, Kawakami D 

Establishes provisions relating to statewide greenways and trails facilitator. Establishes 

the facilitator within the office of planning of the department of business, economic 

development and tourism to implement the statewide greenways plan and facilitate 

greenways initiatives at the local and regional level statewide. The facilitator will be a civil 

service exempt position. Requires the office of planning to contract for up to 2 years to 

develop a plan for the establishment and implementation of a statewide greenways plan 

by identifying and involving stakeholders and interest groups for each island in the 

development of the plan. involving the public and stakeholders in identifying 

opportunities, barriers, and priority projects for each island; and providing public outreach 

and education regarding the value of greenways and involvement in community 

greenways programs. Requires the plan to include a framework and implementation plan 

for facilitating greenways development statewide; a plan to establish a permanent funding 

mechanism for greenways support at the state level; and a monitoring component to 

evaluate programs in implement the plan. Appropriation. ($$) -- HB2881 HD2 



HB2883 HD2 (HSCR 864-12) RELATING TO MAKAHA VALLEY. 


Requires the department of land and natural resources to conduct a flood study for 

Makaha Valley on the Island of Oahu. Report to the legislature. Appropriation. ($$) -- 

HB2883 HD2 



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March 8, 2012 113

Bills Which Passed Third Reading - Legislative Reference Bureau

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