Categorized | Government, News

2010 Lingle-Aiona Administration initiatives

MEDIA RELEASE

The Lingle-Aiona Administration has submitted a comprehensive package of 110 bills and 29 resolutions to the Hawaii State Legislature. The following list includes brief descriptions of each proposed measure. The list also includes programs that do not require legislative approval that the Administration is implementing.

JOBS AND ECONOMIC RECOVERY

There is no priority more important than reinvigorating our economy so that people can return to work and support their families. The Lingle-Aiona Administration recognizes this is the most vital issue we must address. But, we must do so in a manner that creates jobs NOW, and that results in lasting, real economic growth, not artificial stimulus programs.

HB2558 / SB2711
RELATING TO JOB CREATION
Encourages business firms to hire new employees who are currently unemployed by allowing the business an income tax credit equal to the taxes the new employee pays, thus helping the economic recovery without increasing the costs to the State.

HB2559 / SB2712
RELATING TO REMODELING TAX CREDITS
Stimulates the economy by providing a 10 percent tax credit for construction or renovation of hotels and resorts through December 31, 2012.

HAWAII VOLUNTEER INTERNSHIP PROGRAM FOR UNEMPLOYMENT INSURANCE BENEFICIARIES
Allows people who are on unemployment to volunteer their time with an existing business or non-profit organization for up to eight weeks to learn about the company, demonstrate their skills, and allow the prospective employer an opportunity to consider them for future employment.

PREMIUM PLUS TO REIMBURSE EMPLOYERS FOR HEALTH CARE COSTS
Reimburses employers for 50 percent of the health care coverage premium for new hires who were previously unemployed, who are parents, and who earn no more than 300 percent of the federal poverty level, encouraging businesses and non-profits to create jobs.

HB2579 / SB2732
RELATING TO EMPLOYMENT SECURITY LAW
Amends the wage base and rate schedule for employers’ payments into the Unemployment Insurance Trust Fund to save an estimated $497 million over the next four years while ensuring the fund regains solvency.

HB2577 / SB2730
RELATING TO WORKERS’ COMPENSATION
Helps reduce unnecessary costs to businesses by exempting limited liability corporations, partnerships, and sole proprietorships from having to carry workers’ compensation insurance.

HB2590 / SB2743
RELATING TO THE HAWAII SPORTS COMMISSION
Establishes a Hawaii Sports Commission within the Department of Business, Economic Development and Tourism to attract, develop, and promote sporting events in the State.

HB2529 / SB2682
RELATING TO CREATIVE MEDIA
Reinvigorates the former television and film development board into a new Creative Media Commission; establishes a Creative Media Development Special Fund; and allows permit fees, rents from the film studio, and tax credit processing fees to be deposited into this fund to help support the operations of the Creative Industries Division.

HB2531 / SB2684
RELATING TO CLEAN ENERGY BONDS
Establishes the Hawaii Clean Energy Investment (HCEI) program that makes loans to residential and commercial property owners to help them improve the energy efficiency of their property, allows property owners to pay back the loan via an increase in their property tax assessment, and authorizes the issuance of up to $50 million in general obligation bonds to finance the program.

HB2581 / SB2734
RELATING TO INDUSTRIAL PARKS ON PUBLIC LANDS
Gives the Department of Land and Natural Resources the authority to establish industrial parks on State land to promote economic development.

HB2591 / SB2744
RELATING TO TIP CREDIT
Raises the “tip credit” from 25 cents to $1.25 for employees who receive tips as part of their wages and allows 25 percent of all tips, starting in 2011, to be counted as part of the “tip credit.”

HB2554 / SB2707
RELATING TO CONTRACTORS
Makes it easier for property owners to get minor repairs done by raising the threshold for work done by a handyman from $1,000 to $2,500. The threshold has not been raised since 1992.

TRN-R1 (10)
REQUESTING AUTHORIZATION TO ENTER INTO A DEVELOPMENTAL AGREEMENT FOR THE DEVELOPMENT OF KE‘EHI INDUSTRIAL LOTS, ISLAND OF O‘AHU
Seeks legislative concurrence to redevelop about 20 acres of public lands in Ke‘ehi Lagoon as part of the State’s Harbors Modernization Plan.

TRN-R2 (10)
REQUESTING AUTHORIZATION TO ENTER INTO A DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF GENERAL AVIATION LOTS AT THE KONA INTERNATIONAL AIRPORT AT KEAHOLE, ISLAND OF HAWAII
Seeks legislative concurrence to develop 65 acres adjoining Kona International Airport on the island of Hawaii into a general aviation facility with related commercial and industrial uses.

AGR-R1 (10)
STRONGLY URGING THE COMMISSION ON WATER RESOURCE MANAGEMENT TO GIVE THE SAME LEVEL OF PROTECTION TO WATER FOR AGRICULTURE AS THAT GIVEN TO DOMESTIC CONSUMPTION, THE PROTECTION OF TRADITIONAL AND CUSTOMARY HAWAIIAN RIGHTS, AND THE PROTECTION OF FISH AND WILDLIFE TO ACHIEVE A PROPER ECOLOGICAL BALANCE
Urges the Commission on Water Resources Management to ensure that water for agricultural use has the same priority as water for domestic consumption, water for fish and wildlife ecosystems, and water used for traditional and customary Hawaiian practices.

IMPROVING EDUCATION

Hawaii’s current public school structure has proven over the years that it is incapable of effectively educating our children and ensuring they are ready to enter college and the workforce, despite the fact that half of the state budget is devoted to education. The Lingle-Aiona Administration is proposing laws that will ensure the governor is held accountable for public education, will focus on improving the quality of education, will support the charter school movement, and will position Hawaii to compete successfully for federal funding.

HB2552 / SB2705
RELATING TO EDUCATION GOVERNANCE
Establishes accountability for public education by making the Department of Education a cabinet agency headed by a superintendent appointed by and responsible to the governor of the State of Hawaii.

HB2553 / SB2706
PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII TO MAKE THE DEPARTMENT OF EDUCATION A PRINCIPAL DEPARTMENT OF STATE GOVERNMENT
Allows the voters of Hawaii to decide in November 2010 whether they would like to abolish the elected Board of Education and make the Department of Education answerable to the governor and headed by an appointed superintendent.

HB2551 / SB2704
RELATING TO PUBLIC CHARTER SCHOOLS
Strengthens public education by eliminating impediments on the number of charter schools that can exist, allowing non-profits and higher education institutions to authorize new charter schools, and sets the per-pupil funding for charter schools at the same level as conventional schools in the annual Department of Education approved budget.

GOV-R2 (10)
URGING THE DEPARTMENT OF EDUCATION TO ALLOW VACANT CLASSROOMS TO BE USED BY CHARTER SCHOOLS
Urges the Department of Education to allow 80 vacant classrooms identified in the Department’s annual report for use by public charter schools as well as early learning facilities.

GOV-R4 (10)
URGING THE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION TO SET A REQUIRED MINIMUM NUMBER OF INSTRUCTIONAL DAYS PER SCHOOL YEAR
Urges the Board of Education to set a minimum of 180 days of instruction each school year.

HB2550 / SB2703
RELATING TO THE INTERDEPARTMENTAL COUNCIL ON EARLY CHILDHOOD EDUCATION
Ensures that Hawaii can compete for federal stimulus funds for early childhood education by extending the time the Interdepartmental Council on Early Childhood Education will operate to June 30, 2013 and expands the membership of the Council to include a representative of higher education, a child care provider and a member the federal Head Start program.

HB2608 / SB2761
RELATING TO THE UNIVERSITY OF HAWAII
Removes the sunset date of June 30, 2011 on the law that allows the University to use various sources of funds to establish commercial enterprises that help support the University.

HB2609 / SB2762
RELATING TO THE UNIVERSITY OF HAWAII
Removes the sunset date of June 30, 2011 on the authority of the University to process its own financial transactions, including the acquisition of goods and services.

CLEAN, RENEWABLE ENERGY FOR HAWAII

Hawaii has made great strides in addressing our dependence on fossil fuels during the seven years the Lingle-Aiona Administration has been in office. The 2010 legislative proposals will accelerate Hawaii’s progress in reaching the goal of 70 percent clean, renewable energy by the year 2030.

HB2531 / SB2684
RELATING TO CLEAN ENERGY BONDS
Establishes the Hawaii Clean Energy Investment (HCEI) program that makes loans to residential and commercial property owners to help them improve the energy efficiency of their property, allows property owners to pay back the loan via an increase in their property tax assessment, and authorizes the issuance of up to $50 million in general obligation bonds to finance the program.

HB2517 / SB2670
RELATING TO FOSSIL FUELS
Bans the construction of new electrical power plants greater than two megawatts in size that can only use fossil fuels.

HB2518 / SB2671
RELATING TO RENEWABLE ENERGY
Beginning in January 2015 requires that 2 percent of electricity be generated from facilities that can produce food, feed, wood, and fuel crops that can produce over 500,000 gallons of biofuel per year.

HB2519 / SB2672
RELATING TO BIOFUELS
Modifies the existing ethanol facility tax credit to make it applicable to other biofuel production facilities and removes the statewide production cap of 40 million gallons per year to encourage greater use of clean, renewable fuels including organic feedstocks and municipal solid waste.

HB2520 / SB2673
RELATING TO PHOTOVOLTAIC-READY NEW RESIDENTIAL HOMES
Requires new single-family residences constructed after January 1, 2012 to be built to allow easy installation of photovoltaic electrical power systems.

HB2521 / SB2674
RELATING TO NET ZERO ENERGY CAPABLE CONSTRUCTION
Requires single-family residences constructed after January 1, 2015 to be built in an energy-efficient manner such that on-site generation of power can cover the balance of the power needed to operate the home, a concept known as “net zero energy.”

HB2522 / SB2675
RELATING TO RENEWABLE ENERGY
Exempts from the general excise tax the sale, installation, or lease of renewable energy systems generating 2 megawatts of power or more that are placed into service between January 1, 2011 and January 1, 2015.

HB2530 / SB2683
RELATING TO RENEWABLE ENERGY PRODUCERS
Expedites the approval process for renewable energy projects proposed to be built on public lands by eliminating duplicative hearings on the project while still ensuring that at least one public hearing is held by the Land Board on the proposed project.

BED-R16 (10)
URGING THE COUNTIES TO WAIVE PROPERTY TAXES ON PROPERTY USED FOR RENEWABLE ENERGY
To help increase the availability of renewable energy in our islands, the resolution encourages the counties to waive property taxes on properties used for renewable energy projects, particularly renewable projects that depend on a crop that takes several years to grow and harvest before electricity can be generated.

HB2562 / SB2715
RELATING TO PETROLEUM INDUSTRY REPORTING
Saves an estimated $1.5 million per year by suspending the burdensome requirement that all petroleum transactions must be reported to the Public Utilities Commission and transfers the balance of $800,000 from the Petroleum Industry Monitoring, Analysis, and Reporting Special Fund into the State General Fund.

ELECTRIC VEHICLE AND CHARGE STATION INCENTIVE PROGRAM
Offers a rebate to those who buy or lease an electric vehicle or install an electric vehicle charging station between July 1, 2010 and January 1, 2020. The rebate amount will reimburse the buyer for the general excise taxes they pay and also provide an additional financial incentive to switch to an electric motor vehicle.

HOUSING OUR RESIDENTS AND MANAGING OUR LANDS

There are still too many government impediments to building affordable homes in Hawaii. And, land use laws are woefully out-of-date with the current needs of our citizens. To facilitate and encourage the timely construction of homes and communities, while protecting natural and agricultural resources, the Lingle-Aiona Administration proposes bills that directly address the current obstacles to responsible construction.

HB2525 / SB2678
RELATING TO LOW-INCOME HOUSING TAX CREDITS
Establishes a program for converting low-income housing tax credits into loans to stimulate the affordable housing development market and authorizes the issuance of general obligation bonds to fund the program.

HB2524 / SB2677
RELATING TO HOUSING DEVELOPMENT
Restores the ability of the Hawaii Community Development Authority (HCDA) to accept cash as a contribution from a developer to meet their affordable housing requirement, permitting the HCDA to leverage these funds with other financial resources to build additional housing.

HB2526 / SB2679
RELATING TO AFFORDABLE HOUSING
Expedites the construction of affordable housing by requiring State and county agencies to issue ministerial permits associated with an approved affordable housing project within 45 days of the time of acceptance of the permit application for the project.

HB2528 / SB2681
RELATING TO AFFORDABLE HOUSING
Standardizes to 60 days the timeframe for a county to accept infrastructure, such as roadways and sewers, that is built as part of an affordable housing development when the infrastructure is built to county standards.

HB2527 / SB2680
RELATING TO LAND USE
Establishes a legislative-like process to simplify the State Land Use Commission procedures governing county land use reclassifications and ensures conformity between State land use classifications and county regional and general land use plans.

HB2554 / SB2707
RELATING TO CONTRACTORS
Makes is easier for property owners to get minor repairs done by raising the threshold for work done by a handyman from $1,000 to $2,500. The threshold has not been raised since 1992.

HB2560 / SB2713
RELATING TO STANDARD TIMEFRAMES FOR APPLICATION REVIEWS
Ensures that publicly beneficial projects, namely mixed-used developments with an affordable housing component, renewable energy projects, and infrastructure, such as roads and sewer systems that are part of a residential development, are expedited by including them within the existing 45-day time limit for automatic approvals.

HB2561 / SB2714
RELATING TO LANDS CONTROLLED BY THE STATE
Clarifies that State-owned lands that were crown lands prior to August 15, 1895 (also referred to as ceded lands) are subject to a two-thirds approval vote in both Houses of the State Legislature before they can be sold.

HB2568 / SB2721
RELATING TO THE BOARD OF DIRECTORS OF THE HAWAII PUBLIC HOUSING AUTHORITY
Reduces the number of board members needed for a quorum from 7 to 6 members.

FISCAL NECESSITY

The Governor not only has the constitutional responsibility to balance the State budget, she also has the obligation to ensure that the State lives within its means, just like families have to. We should not hurt our economy and our citizens by burdening them with more tax and fee increases. The Lingle-Aiona Administration has a package of fiscally responsible proposals that ensures the tax burden is distributed in a fair fashion and that the State can still pay its bills.

HB2539 / SB2692
RELATING TO THE STATE FISCAL STABILIZATION FUND
Helps cushion the State against future economic downturns by revamping the State’s Rainy Day Fund into a State Fiscal Stabilization Fund that includes a transfer of 5 percent of the general fund balance at the end of each fiscal year when the State’s revenues have increased for at least two consecutive years.

HB2540 / SB2693
PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO THE STATE FISCAL STABILIZATION FUND
Proposes that the voters of Hawaii be allowed to vote in November 2010 on a constitutional amendment to set aside excess state moneys into a State Fiscal Stabilization Fund.

HB2542 / SB2695
RELATING TO TRANSFER OF NON-GENERAL FUNDS TO ADDRESS THE BUDGET SHORTFALL
Transfers a total of $10 million this fiscal year in excess funds from the Wireless Enhanced 911 Fund, State Motor Pool Revolving Fund, State Risk Management Revolving Fund, Medicaid Investigations Recovery Fund, and the University of Hawaii Housing Assistance Revolving Fund to help address the State budget shortfall.

HB2538 / SB2691
RELATING TO THE PAYMENT OF EMPLOYEES’ RETIREMENT SYSTEM BENEFITS
Saves an estimated $1 million by changing retirement payments for State and county retirees to once a month rather than semi-monthly and requires direct deposit of the payment into a bank, credit union, or similar financial institution, eliminating the need for the State to issue paper checks.

HB2535 / SB2688
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND
Saves $8.4 million per year by discontinuing the State reimbursement of Medicare Part B costs to the spouses of retirees, some of whom never worked as a public servant.

HB2534 / SB2687
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND
Saves $4.1 million annually by suspending the payment of life insurance premiums for active and retired State and county personnel.

HB2533 / SB2686
RELATING TO THE EMPLOYMENT OF EMPLOYEES’ RETIREMENT SYSTEM RETIRANTS
Establishes the conditions under which a retired public employee may be re-employed by the State or county while still receiving retirement benefits and requires the retiree to repay the retirement fund if he/she does not meet these conditions.

HB2200 / SB2765
RELATING TO THE STATE BUDGET
The Executive Supplemental budget for Fiscal Year 2010-2011 was transmitted to the Legislature on December 21, 2009.

HB2594 / SB2747
RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE INTERNAL REVENUE CODE
Annual “short form” bill that conforms Hawaii’s income tax laws to the Internal Revenue Code.

HB2598 / SB2751
RELATING TO TRANSIENT ACCOMMODATIONS TAX
Suspends for three years the State’s transfer to the counties of 44.8 percent of the Transient Accommodations Tax it collects on hotel rooms and short-term rentals.

HB2597 / SB2750
RELATING TO GENERAL EXCISE TAX ON INSURANCE PRODUCERS
Taxes the commissions paid to insurance agents at the rate of 4 percent, instead of the current .15 percent, in line with similar professions that earn commissions.

HB2600 / SB2753
RELATING TO TAX ADMINISTRATION
Changes from the 30th of the month to the 20th of the month the due date for payment of State taxes, including transient accommodation taxes, insurance premiums taxes, liquor taxes, fuel taxes, tobacco taxes, and rental motor vehicles taxes.

HB2595 / SB2748
RELATING TO GENERAL EXCISE TAX
Prohibits an entity from claiming a general excise tax (GET) exemption unless it obtains a GET license and requires that entities that collect GET taxes must remit them to the State.

HB2596 / SB2749
RELATING TO TAX CREDITS
Establishes that a taxpayer must take refundable tax credits first before claiming non-refundable tax credits. Refundable credits are those where the individual can receive money back from the State, even when he/she does not owe taxes.

HB2599 / SB2752
RELATING TO TAX ADMINISTRATION
Requires someone who is convicted of a tax crime to pay an assessment to the Tax Administration Special Fund to offset the costs of investigating and proving the person cheated on his/her taxes.

HB2565 / SB2718
RELATING TO DEATH BENEFITS
Adjusts the State funeral payment benefit to match the federal funeral payment benefit of $255 for those on public assistance who are not eligible for the federal Social Security Administration death benefit.

INTEGRITY AND TRANSPARENCY IN GOVERNMENT

The Lingle-Aiona Administration continues its commitment to making government accessible, responsive to the concerns of the public, and to operate State programs in an efficient, cost-effective manner.

HB2507 / SB2660
RELATING TO PAYROLL
Requires all State employees to automatically deposit their paycheck into a bank, credit union, or similar financial institution.

HB2505 / SB2658
RELATING TO THE ACCESS HAWAII COMMITTEE
Establishes a new special fund for receipt of fees charged to individuals using various State government websites and allows these fees to be used to support a position that oversees State website access.

HB2506 / SB2659
RELATING TO THE HAWAII PUBLIC PROCUREMENT CODE
Substantially revises the State Procurement Code to clarify who may serve as a procurement officer, what types of goods and services are subject to the procurement laws, when the electronic procurement system can be used, and how recycling-content and local small business preferences should be followed.

HB2515 / SB2668
RELATING TO AWARDS OF ATTORNEY’S FEES OR INTEREST AGAINST THE STATE
Affirms that the Legislature is the only entity that can waive the State’s sovereign immunity or agree to pay attorney’s fees and claims stemming from court decisions.

HB2536 / SB2689
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND
Ensures future savings by linking the State and county contributions for retirees hired between July 1, 1996 and June 30, 2001 to the applicable percentage of the actual health insurance premium or the base monthly contribution, whichever is less.

HB2537 / SB2690
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND
Ensures comparable treatment of retirees who are eligible for Medicare and those who are not by clarifying that payments for medical treatments by the Employer-Union Trust Fund shall be no more than what would have been paid out if the retiree was not covered by Medicare.

GOV-R3 (10)
URGING THE EMPLOYER-UNION HEALTH BENEFITS TRUST FUND TO JOIN THE DEPARTMENT OF HUMAN SERVICES QUEST PROGRAM IN IMPLEMENTING A HEALTH INSURANCE PUBLIC PURCHASING POOL
Urges the board of the Employer-Union Trust Fund that manages State health plans to implement the 1994 proposal to establish a purchasing pool that encompasses State employees and Medicaid recipients to promote health insurance cost savings.

HB2557 / SB2710
RELATING TO PUBLIC MEETINGS
Expands the ability of State boards and commissions to conduct their meetings and public hearings using modern interactive technology, including videoconferencing.

HB2564 / SB2717
RELATING TO GENERAL ASSISTANCE
Increases the efficiency of the general assistance welfare program for adults temporarily unable to support themselves due to physical or mental disabilities by eliminating the requirement that the State repeat its requests for medical evidence that was already previously requested.

HB2588 / SB2741
PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII TO CREATE THE OFFICE OF THE SECRETARY OF STATE
Asks the voters of Hawaii to consider on the November 2010 ballot whether the State Constitution should be changed to establish a non-partisan Secretary of State to conduct elections in Hawaii.

HB2589 / SB2742
RELATING TO THE GOVERNANCE OF ELECTIONS
Creates a Secretary of State office and transfers to that office the responsibility for conducting elections.

HB2610 / SB2763
RELATING TO THE UNIVERSITY OF HAWAII
Allows the University to continue to use its own procurement system instead of requiring the University to be governed by the State’s system.

HB2611 / SB2764
RELATING TO THE UNIVERSITY OF HAWAII
Allows the Board of Regents to establish fees for parking on campus property.

HB2582 / SB2735
RELATING TO VESSELS AT ALA WAI AND KE‘EHI BOAT HARBORS
Allows commercial marine vessels to use both the Ala Wai and Ke‘ehi boat harbors and adjusts the fees for those who live aboard their vessels, which have not changed since 1992.

ENVIRONMENTAL STEWARDSHIP

Hawaii’s unique natural beauty and cultural artifacts have been entrusted to us to preserve and protect for future generations. The Lingle-Aiona Administration is proposing initiatives that continue our stewardship of the land and oceans and that will enhance our recreational opportunities.

HB2503 / SB2656
RELATING TO THE ENVIRONMENT
Expands the permissible uses of the Pesticides Use Revolving Fund to include enforcement and compliance with pesticide laws, as well as registration, licensing, and training of pesticide users.

HB2504 / SB2657
RELATING TO INVASIVE SPECIES
Allows deposit of nursery stock certificate fees into the Pest Inspection, Quarantine, and Eradication Fund, rather than the general fund, to increase pest control and eradication efforts conducted by the Department of Agriculture.

HB2580 / SB2733
RELATING TO RECREATIONAL RENAISSANCE
Establishes a Recreational Renaissance Special Fund for the deposit and expenditure of fees, rents, appropriations, and donations made to help improve and maintain our State parks and recreational boat harbors.

HB2584 / SB2737
RELATING TO THE CONSERVATION AND RESOURCES ENFORCEMENT SPECIAL FUND
Establishes a Conservation and Resources Enforcement Special Fund to allow federal grants, gifts, donations, and fees to be used to help preserve and protect State-owned conservation lands.

HB2585 / SB2738
RELATING TO THE LEGACY LAND CONSERVATION COMMISSION
Allows the chairman of the Natural Area Reserves System Commission to designate someone to represent him or her on the Legacy Land Conservation Commission, rather than requiring the same person to sit on both commissions.

HB2556 / SB2709
RELATING TO ENVIRONMENTALLY SENSITIVE PRODUCTS
Allows the Department of Education to have a choice in the types of environmentally sensitive cleaning products they may purchase, rather than being restricted to only “Green Seal” labeled products.

HB2583 / SB2736
RELATING TO IMPOUNDED VESSELS
Clarifies that the owner of a boat or other marine vessel is responsible for all fees associated with disposing of the vessel if it is impounded and removed by the State.

HB2586 / SB2739
RELATING TO THE LICENSING OF ARCHAEOLOGISTS
Establishes a system for licensing archeologists, similar to the manner in which the Department of Commerce and Consumer Affairs licenses other professions and vocations.

LNR-R1 (10)
ESTABLISHING AN ARCHAEOLOGICAL WORKING GROUP TO RECOMMEND ARCHAEOLOGICAL PRACTICE GUIDELINES FOR THE STATE INCLUDING LICENSING AND PROFESSIONAL OVERSIGHT
Recommends the establishment of an Archeological Working Group to identify practices and procedures that could be used to set accreditation standards for the archaeology profession.

LNR-R2 (10)
REQUESTING THE AUDITOR TO PERFORM A SUNRISE ANALYSIS OF THE REGULATION OF THE PROFESSION OF ARCHAEOLOGY
Request a “sunrise analysis,” which is an initial review by the legislative auditor, if legislation is warranted to regulate the profession of archaeology.

PROTECTING THE PUBLIC

The most fundamental duty of government is to protect its citizens. The State also has a duty to respond promptly to natural disasters, ensure our privacy is not infringed, respond to pandemic disease outbreaks, and keep our roads safe. The Lingle-Aiona Administration will build upon past successes in strengthening laws that protect children, the elderly, consumers, drivers, and citizens.

HB2509 / SB2662
RELATING TO PORNOGRAPHY OFFENSES AGAINST CHILDREN
Increases protections against internet-based child pornography by clarifying that someone who sends pornographic information to a law enforcement officer posing as a child should be prosecuted as a predator engaging in electronic enticement of a child.

HB2514 / SB2667
RELATING TO SEX OFFENDER REGISTRATION
Clarifies when someone who is convicted of a sexual offense in another jurisdiction is covered by Hawaii’s sex offender registrations laws. Also clarifies that sex offenders must return documents verifying their addresses when asked to periodically update this information.

HB2511 / SB2664
RELATING TO IDENTITY THEFT
Clarifies that identity theft includes transmitting personal information about a fictitious person or a person that has died.

HB2512 / SB2665
RELATING TO VIOLATION OF PRIVACY
Removes the confusion between what constitutes an offense in the first degree and an offense in the second degree in Hawaii’s privacy laws and adds the violation of privacy in the first degree to repeat offender sentencing.

HB2513 / SB2666
RELATING TO DEFERRED ACCEPTANCE OF PLEA
Does not allow a person to repeatedly plead “no contest,” also referred to as “nolo contendere,” and receive a deferred sentence when he/she is found guilty.

HB2516 / SB2669
RELATING TO THE SOLICITATION OF FUNDS FROM THE PUBLIC
Improves Hawaii’s charitable solicitation and registration law to make it easier for the attorney general to investigate allegations of fraud or wrongdoing by charities, identifies what documents are acceptable financial reports by charities, and requires audited financial statements to be prepared in accordance with generally accepted accounting principles (GAAP).

HB2544 / SB2697
RELATING TO INSURANCE
Modernizes the Hawaii’s Insurance Code including, providing uniformity in licensing laws governing insurance agents, brokers, producers, and adjusters, clarifying when filing fees are payable, setting standards for audited financial statements, and strengthening consumer protections.

HB2548 / SB2701
RELATING TO CONSUMER PROTECTION
Provides important consumer protections and improved State oversight of prepared legal plans, where consumers pay in advance for services of a lawyer and related legal personnel.

HB2549 / SB2702
RELATING TO A MAJOR DISASTER TRUST ACCOUNT
Allows federal reimbursement moneys for disaster assistance to be deposited into a State trust fund account for future disaster relief.

HB2572 / SB2725
RELATING TO CONFIDENTIALITY OF FORENSIC MENTAL HEALTH EXAMINATION REPORTS
Protects a person’s privacy by requiring the courts to keep confidential the mental health examination reports done at the request of the courts and specifies which organizations are allowed to receive copies of these reports.

HB2575 / SB2728
RELATING TO TRAUMA
Protects the privacy of information collected by the State through its statewide multi-hospital trauma data management system.

HB2576 / SB2729
RELATING TO IMMUNIZATION
Establishes a statewide immunization records database to help coordinate the implementation of vaccination programs, particularly during pandemic disease outbreaks.

HB2592 / SB2745
RELATING TO CONTROLLED SUBSTANCES
Conforms Hawaii’s drug control and illegal substance laws to federal law.

HB2593 / SB2746
RELATING TO CORRECTIONS
Renames the Public Safety Department’s Reentry Intake Service Center Division to the Intake and Reentry Service Center Division and removes the American Civil Liberties Union from membership on the Reentry Commission that advises the State on prisoners being released from incarceration, to avoid a conflict of interest.

HB2567 / SB2720
RELATING TO WARRANTS ISSUED BY THE HAWAII YOUTH CORRECTIONAL AUTHORITY
Authorizes the executive director of the Office of Youth Services to issue warrants for the arrest of youth who have eloped or absconded from a community-based detainment program and allows the office to re-incarcerate the youth.

HB2602 / SB2755
RELATING TO HIGHWAY SAFETY
Bans the use of a cell phone or other mobile electronic device while driving, effective July 1, 2010.

HB2607 / SB2760
RELATING TO DRIVER LICENSING
Removes the sunset date of January 9, 2011 for the graduated driver’s license program that places safety restrictions on 16- and 17-year-old drivers.

HB2601 / SB2754
RELATING TO COMMERCIAL DRIVER LICENSING
Changes Hawaii’s penalties for those holding a commercial driver’s license to conform to federal requirements, such as increasing the suspension of a license for a first offense from 90 days to 180 days.

HB2604 / SB2757
RELATING TO COMMERCIAL DRIVER LICENSING
Lengthens the period of time a commercial driver’s license is valid from 6 years to 8 years in preparation for the new federal rules governing identification documents.

HB2605 / SB2758
RELATING TO SAFETY INSPECTION OF MOTOR CARRIER VEHICLES
Corrects inconsistencies in Hawaii laws governing the signage that must be used on a vehicle transporting hazardous cargo so that Hawaii still qualifies for federal motor vehicle safety funds.

HB2606 / SB2759
RELATING TO DRIVER LICENSING
Clarifies the difference between a commercial driver’s license and a category IV driver’s license so that a person with a category IV license cannot operate trucks weighing 15,000 pounds or more.

PUBLIC EMPLOYMENT

The past year has shown that Hawaii’s existing public sector labor laws are not suitable for today’s economic realities. It is time to reform these laws to allow management and unions to bargain and settle labor matters in a way that benefits the delivery of public services, not hinders it. The Lingle-Aiona Administration is proposing legislation to do this.

HB2569 / SB2722
RELATING TO PUBLIC EMPLOYMENT
Ensures that the State and counties can separately negotiate and execute collective bargaining agreements with the unions that represent their respective employees.

HB2570 / SB2723
RELATING TO INTEREST ARBITRATION
Ensures fiscal factors, such as the State’s fiscal solvency and the impact on other bargaining units, can be considered by an arbitration panel in making binding wage decisions for State and county employees.

HB2571 / SB2724
RELATING TO PUBLIC SECTOR COLLECTIVE BARGAINING
Returns the right to strike to all public employee collective bargaining units except those public employees directly related to health and safety, such as corrections officers.

HB2578 / SB2731
RELATING TO WORKERS’ COMPENSATION LAW
Provides public employee unions the same ability as private unions to enter into agreements to establish alternative workers’ compensation systems that can save the employer and the union money.

GOV-R1 (10)
URGING THE HAWAII HEALTH SYSTEMS CORPORATION TO ADOPT THE COURSE OF ACTION RECOMMENDED IN THE 2009 AUDIT REPORT OF THE HAWAII HEALTH SYSTEMS CORPORATION
Urges the State Legislature to adopt the recommendations of the Comprehensive Independent Review of the Hawaii Health Systems Corporation that would restructure the State hospital system as a private, non-profit corporation governing the 14 public hospitals in the state.

OTHER MEASURES IN THE LINGLE-AIONA LEGISLATIVE PACKAGE

HB2508 / SB2661
MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES
Annual legislation to appropriate funds to cover legal settlements, claims, and monetary judgments the State is obligated to pay.

HB2510 / SB2663
RELATING TO DEFENSES TO THEFT PROSECUTION
Corrects a legal flaw by adopting the Model Penal Code to clarify when a person needs to claim that he/she thought he/she had a right to property that he/she is alleged to have stolen.

HB2523 / SB2676
RELATING TO THE ALOHA TOWER DEVELOPMENT CORPORATION
Makes an emergency appropriation of $900,000 from the Aloha Tower Development Corporation’s Aloha Tower Fund to pay a portion of the settlement in the Hughes Development Corporation legal case.

HB2532 / SB2685
RELATING TO UNCLAIMED PROPERTY
Requires those who hold unclaimed property, such as banks and trusts, to remit the property on November 1 of each year when they submit their annual unclaimed property report and deletes the 120-day deadline for processing unclaimed property actions.

HB2541 / SB2694
MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS
Retains the current level of employer contributions for the health benefit plan premiums covering United Public Workers Unit 10 employees.

HB2543 / SB2696
RELATING TO DISTINGUISHING PUBLICITY RIGHTS TRADE NAMES FROM OTHER TYPES OF TRADE NAMES BY RENAMING THEM AS PUBLICITY RIGHTS NAMES AND SPECIFYING THE REGISTRATION PROCEDURES APPLICABLE TO PUBLICITY RIGHTS NAMES
Allows businesses to register publicity rights names with the Department of Commerce and Consumer Affairs and sets fees to cover the registration costs.

HB2545 / SB2698
RELATING TO INSURANCE
Extends the period of time parents can keep their children on their health insurance plan until the child reaches 27 years of age.

HB2546 / SB2699
RELATING TO RESTORATION OF CERTAIN FORFEITED PROFESSIONAL AND VOCATIONAL LICENSES
Ensures that chiropractors, real estate brokers, and realtors abide by the same time periods as other professional licensees for renewing their professional and vocational licenses.

HB2547 / SB2700
RELATING TO THE DENTAL LICENSURE EXAMINATION
Facilitates the licensing of dentists in Hawaii by giving the Board of Dental Examiners the flexibility to accept more than the American Board of Dental Examiners (ADEX) exam for licensing a new dentist.

HB2555 / SB2708
RELATING TO THE HAWAII LABOR RELATIONS BOARD
Ensure fairness in legal proceedings before the Hawaii Labor Relations Board by allowing employers to recoup legal fees when they prevail, the same way employees and labor unions can currently recoup their fees.

HB2563 / SB2716
RELATING TO CHILD PROTECTIVE ACT
Ensures Hawaii will continue to qualify for $50 million in annual federal funds by revising the timelines for child protection and custody legal hearings.

HB2566 / SB2719
RELATING TO PSYCHOTROPIC MEDICATION
Helps control State-paid drug costs for psychotropic medicines by allowing the use of appropriate generic medications in lieu of brand-name prescriptions.

HB2573 / SB2726
RELATING TO TIME FRAMES TO REGAIN FITNESS TO PROCEED
Sets the time period for a person to be kept in the State Hospital to 60 days for petty misdemeanors and 120 days for non-violent misdemeanors before the court makes a determination whether the individual is fit to stand trial, curtailing the prolonged and indefinite stays that currently occur when the court fails to act within a reasonable period of time.

HB2574 / SB2727
RELATING TO PARKING FOR DISABLED PERSONS
Gives the Disability and Communication Access Board the authority to issue parking placards for the disabled and extends from 4 years to 6 years the period when these placards are valid.

HB2587 / SB2740
RELATING TO SAINT DAMIEN DE VEUSTER DAY
Changes Father Damien Day from April 15 to May 10 of each year and renames the day to Saint Damien de Veuster Day.

HB2603 / SB2756
RELATING TO COST SHARING IN THE RELOCATION AND UNDERGROUNDING OF UTILITY FACILITIES
Requires utility companies to pay their share of the costs, at the start of a project, to relocate utility lines associated with a highway project.

BED-R01 (10) – BED-R12 (10); BED-R14 (10), BED-R15 (10), BED-R17 (10)
APPROVING THE FEE SIMPLE SALE OF VARIOUS PARCELS
These resolutions seek legislative concurrence for the fee simple sale of affordable housing properties and parcels owned by the Hawaii Housing Finance Development Corporation located at 1593 Papau Street, Kapaa Hawaii; 1951 Pahoehoe Street, Koloa, Hawaii; 1098 Onaha Street, Wailuku, Hawaii; 1051 Onaha Street, Wailuku, Hawaii; 91-1139 Kamaaha Loop, Kapolei, Hawaii; 91-1072 Welowelo Street, Kapolei Hawaii; 95-033 Kuahelani Avenue, Mililani, Hawaii; 94-940 Meheula Parkway, Mililani, Hawaii; 95-029 Kuahelani Avenue, Mililani, Hawaii; 95-021 Kuahelani Avenue, Mililani, Hawaii; 2949 Ala Ilima Street #201, Honolulu, Hawaii; Northwest corner parcel, Kapolei, Hawaii; 9.105 acre parcel in Village 8, Kapolei, Hawaii; Kekuilani Village 4, Kapolei, Hawaii; and two vacant parcels in Hokulele, Kaneohe, Hawaii.

HMS-R1 (10)
APPROVING THE FEE SIMPLE SALE OF 2890 HANA HIGHWAY, HANA, HAWAII
Seeks legislative approval to sell a vacant parcel in Hana that is not suitable for public use.

LNR-R3 (10) – LNR-R5 (10)
AUTHORIZING THE SALE OF STATE LANDS
These three resolutions seek legislative concurrence to sell reclaimed State land at Kaalaea, Koolaupoko on Oahu; at Kaneohe on Oahu; and at Hanapepe, Waimea on Kauai.

(Note: Resolution numbers have not been assigned yet.)

Links to the bills and resolutions can be found at: http://hawaii.gov/gov/leg/2010-legislative-session

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