Today, House members voted on bills that successfully made it through the First Lateral deadline. These are bills that originated in the House, and have reached their final committee destination before they either die or cross over to the Senate. For example, if a bill was referred to three committees: Health, Judiciary, and Finance, the bill must have made it to the last committee, Finance, or else it is dead.
A great majority of proposals are still alive, either in its original bill or consolidated into another bill. At this first major deadline, the question is more likely to be - what didn't make it? What falls away to reveal a sharper focus on the House's priorities?
In the House Majority Package, all bills are still alive. In the Joint House/Senate Majority Package, however, there have already been casualties. They are:
HB2508, relating to the deposit beverage container program, that requires retail dealers of more than 75,000 square feet to operate redemption centers. The Senate companion, however, is still alive.
Here are some other House bills of interest that did not make the lateral deadline:
HB2495, which bans the use of polystyrene foam containers by food retailers.
HB2177, which requires to distribute only recyclable checkout bags.
HB2303, which transfers the Bureau of Conveyances from the Department of Land and Natural Resources to the Department of Commerce and Consumer Affairs.
HB2305, which probits smoking on public beaches.
HB2344, constitutional amendment which raises the mandatory retirement age for judges from 70 to 72.
HB2411, which give psychologists prescriptive authority if they are practicing at a federally qualified health center.
HB2416, which establishes a statewide agricultural cooperative.
HB2678, establishes a secure growing facility for medical marijuana, for not more than 14 qualified patients.
HB2680, banning the use of aspartame.
The next major deadline is two weeks from today. That's First Decking on February 29th.
Have a question on the status of a bill or issue? Go to the Legislative website here, or ask us a question and we'll do our best to answer.
Friday, February 15, 2008
Cost a problem for GPS tracking of TRO violators
Money was the biggest issue in a hearing yesterday discussing the future of HB2766, a measure that would allow courts to require electronic monitoring of offenders convicted of violating a domestic abuse temporary restraining order. The measure would also appropriate funds for offenders who cannot afford to pay for costs associated with the monitoring device.
A representative from the Public Defenders Office argued that many TRO violators wouldn't be able to afford the $5 cost of the electronic monitoring device. He said that most domestic disputes stem from money issues and that adding additional costs would exacerbate the situation, possibly putting the victim in more danger. The offender will blame the victim, he said. They are already upset about mandatory jail time and will become angrier about paying higher fees.
The Hawaii State Coalition Against Drunk Driving Domestic Violence begged to differ, disagreeing with the testimony that violators can't afford $5 a day and refuting the claim that money is a cause of domestic violence. A representative from the non-profit organization said that money is not the source of domestic violence problems; the need to guard all the power and control in a relationship is. Anyone can be an abuser, not only the indigent. They can be the wealthy businessperson walking down Bishop St., the physician you saw last week or the fastfood worker who took your order this afternoon.
Although the bill was passed out of Judiciary, Rep. Tommy Waters mentioned that funding will most likely be a problem. The state may not be able to afford the appropriation of funds to pay for electronic devices for indigent persons. Rep. Waters recommended passing the bill on to Finance for further discussion. Rep. Cindy Evans (D), Rep. Joseph Souki (D), Rep. Kymberly Pine (R) voted yes with reservations.
Photo from BBC News.
ERROR: Thank you to MADD for noticing a mistake in the post. The Hawaii State Coalition Against Drunk Driving (did i really write that!?) didn't give testimony because no such coalition exists; the Hawaii State Coalition Against Domestic Violence gave testimony on the issue.
ERROR: Thank you to MADD for noticing a mistake in the post. The Hawaii State Coalition Against Drunk Driving (did i really write that!?) didn't give testimony because no such coalition exists; the Hawaii State Coalition Against Domestic Violence gave testimony on the issue.
Thursday, February 14, 2008
House committees aglow for Depleted Uranium bill
Three House committees voted jointly today to advance a bill that would require the Department of Health to monitor air samples in areas adjacent or down wind of military facilities where depleted uranium munitions have been used. HB2076 names Makua Training Area and Schofield Barracks on Oahu, and Pohakuloa Training Area on the Big Island. The United States Army has recently collected data and completed a study which will be available by late March or early April, according to testimony given at today's hearing.
The bill, however, focuses on the Department of Health's responsibility to protect the public's health from radiation and contaminated dust. The bill requires the DOH to set up air sampling stations to collect data and to work with the John A. Burns School of Medicine and branches of the U.S. armed services to develop rules and standards. The three joint committees were Public Safety & Military Affairs, Health, and Energy & Environmental Protection. The bill will pass on to the Finance Committee. The Department of Health and the Department of Defense supported the intent of the bill, but were concerned about the cost of the stations. All other testimonies were in support or strong support. Rep. Cindy Evans introduced the bill.
The bill, however, focuses on the Department of Health's responsibility to protect the public's health from radiation and contaminated dust. The bill requires the DOH to set up air sampling stations to collect data and to work with the John A. Burns School of Medicine and branches of the U.S. armed services to develop rules and standards. The three joint committees were Public Safety & Military Affairs, Health, and Energy & Environmental Protection. The bill will pass on to the Finance Committee. The Department of Health and the Department of Defense supported the intent of the bill, but were concerned about the cost of the stations. All other testimonies were in support or strong support. Rep. Cindy Evans introduced the bill.
Wednesday, February 13, 2008
Nearly 300 supporters of an Uganda resolution to sleep at Capitol
Imagine walking from Ewa Beach to Pearl City. Now before you go, remove your socks and shoes, and leave behind your Ipod and water bottle. Pretend that there aren't any urban structures from point A to point B, only brush and dirt roads. Okay, now imagine partaking in this trek at age 13 while militia hunted you down, eager to chop off an ear - or two - , force you into sexual slavery, or arm you with machine guns and prepare you to kill.
There are those who don't need to imagine it. There are those who've lived it.
They're called "night commuters," and they're the children who have been most affected by the humanitarian disaster in northern Uganda.
Students and supporters from across the state want everyone to be aware of the atrocities against the children and families in northern Uganda, and they hope to cause a stir of progressive action and awareness at the State Capitol, Friday, Feb. 15, 2008.
Rep. Mizuno will host a candle light vigil, silent march and sleep over in the Rotunda. He will be joined by more than 250 participants who are in support of a bill that will prohibit the ERS from acquiring securities of companies that have active business operations with Uganda.
Participants hope to make lawmakers aware of the situation and encourage them to pass a resolution, introduced by Rep. John Mizuno, condemning the genocide and violence in northern Uganda and urging congress and the President to engage the international community to take action to protect the children of northern Uganda.
Invisible Children Hawaii encourages everyone to join them that evening to raise awareness about the children of northern Uganda.
6:00 p.m. Check-in
6:15 p.m. Introduction and Welcome from the Legislature
6:45 p.m. Candle Light Vigil, Silent March
7:15 p.m. Booth opening
7:30 p.m. Entertainment
8:30 p.m. Student's personal stories
9:00 p.m. Uganda history presentation
9:30 p.m. Invisible Children documentaries
12:30 a.m. "Quiet Time"
Over 20 years of battle between the Lord's Resistance Army (LRA) and the Government of Uganda (GOA) has displaced over 1.8 million of its citizens - over 80% of the region - into scurvy camps that lack sufficient protection from the LRA and appropriate resources for survival.
More than 40, 000 children have walked up to 12 miles from internal displacement camps to nearby towns to avoid getting kidnapped by the LRA and forced into battle or, in the case of girls, made sex slaves.
Legislature 2008 - Day 19 Highlights
This morning, the Health Committee voted to defer HB2680, the measure banning aspartame. Chair Green stated that he was not convinced by the testimony that there is a direct link between the artificial sweetener and medical ailments or death. Instead, he will introduce a resolution requesting the Department of Health to form a work group, including representatives who oppose aspartame, to study the issue and get back to the legislature with their findings and recommendations.
The Health Committee voted to pass the medical marijuana bill, HB2675, as amended in a House Draft 1. The bill advances to the joint Public Safety & Military Affairs/Judiciary committees.
The Transportation Committee passed a bill, HB2860 HD1, which exempts from the general excise and use taxes, fuel sold from a foreign trade zone for intrastate air transportation by common carriers.
The Water, Land, Ocean Resources & Hawaiian Affairs committee passed out HB3260 as an HD1. This bill establishes a fishing bag limit for uhu and goatfish. The limit proposes is no more than two kumu, two moano ukali, two munu, and two uhu per person, per day, for recreational, subsistence, or commercial purposes.
The joint Water, Land, Ocean Resources & Hawaiian Affairs/Agriculture committees passed out three Important Agricultural Lands bills, all with amendments. HB2807 provides incentives to landowners who designate their land as important agricultural lands, HB2357 establishes new policies for the districting and protection of land in agricultural districts designated as IAL, and HB2361 defines agricultural lands and designates ag lands as IAL.
In the noon hour floor session, the House stood for a moment of silence to remember Robert C. Oshiro, father of Representative Marcus Oshiro, who passed away on Tuesday, Feb. 12th from a sudden aortic aneurysm.
This afternoon, the Consumer Protection and Commerce committee advanced a medical liability bill, HB1992, HD1 with amendments. The HD2 includes changes to limit the bill to neighbor islands only, and to cap non-economic damages at $250,000 for low risk practices, and at $500,000 for high-risk practices (surgical practices). The bill, HB2001 HD1 to permit remote dispensing pharmacies was also passed out of committee with amendments.
The Health Committee voted to pass the medical marijuana bill, HB2675, as amended in a House Draft 1. The bill advances to the joint Public Safety & Military Affairs/Judiciary committees.
The Transportation Committee passed a bill, HB2860 HD1, which exempts from the general excise and use taxes, fuel sold from a foreign trade zone for intrastate air transportation by common carriers.
The Water, Land, Ocean Resources & Hawaiian Affairs committee passed out HB3260 as an HD1. This bill establishes a fishing bag limit for uhu and goatfish. The limit proposes is no more than two kumu, two moano ukali, two munu, and two uhu per person, per day, for recreational, subsistence, or commercial purposes.
The joint Water, Land, Ocean Resources & Hawaiian Affairs/Agriculture committees passed out three Important Agricultural Lands bills, all with amendments. HB2807 provides incentives to landowners who designate their land as important agricultural lands, HB2357 establishes new policies for the districting and protection of land in agricultural districts designated as IAL, and HB2361 defines agricultural lands and designates ag lands as IAL.
In the noon hour floor session, the House stood for a moment of silence to remember Robert C. Oshiro, father of Representative Marcus Oshiro, who passed away on Tuesday, Feb. 12th from a sudden aortic aneurysm.
This afternoon, the Consumer Protection and Commerce committee advanced a medical liability bill, HB1992, HD1 with amendments. The HD2 includes changes to limit the bill to neighbor islands only, and to cap non-economic damages at $250,000 for low risk practices, and at $500,000 for high-risk practices (surgical practices). The bill, HB2001 HD1 to permit remote dispensing pharmacies was also passed out of committee with amendments.
Women's Caucus annual easter basket project update
Who: Benefits clients of the Institute for Human Services
What: Easter baskets or plastic boxes (preferred by IHS) suitable for storing items under a bed. Suggestions to fill your basket/box include: personal hygiene items, toiletries, small nonperishable snacks, razor blades, new socks (all sizes), new underwear (men, women and children's sizes), hand sanitizer and detergent (clothes washing facilities are available at IHS but detergent isn't furnished)
When: IHS will pick up the completed baskets/boxes on
March 20, 2008.
Where: Chamber level turnaround level of the State Capitol.
Questions? Call Rep. Marilyn Lee's office at 586-9460.
What: Easter baskets or plastic boxes (preferred by IHS) suitable for storing items under a bed. Suggestions to fill your basket/box include: personal hygiene items, toiletries, small nonperishable snacks, razor blades, new socks (all sizes), new underwear (men, women and children's sizes), hand sanitizer and detergent (clothes washing facilities are available at IHS but detergent isn't furnished)
When: IHS will pick up the completed baskets/boxes on
March 20, 2008.
Where: Chamber level turnaround level of the State Capitol.Questions? Call Rep. Marilyn Lee's office at 586-9460.
Bills of interest for THURSDAY, FEB. 14TH
Committee on Public Safety & Military Affairs, Room 309, 9:15 a.m.
HB2664 RELATING TO DISASTER RELIEF. Clarifies the use of the governor's emergency powers. (Say)
Committee on Economic Development & Business Concerns, Room 325, 10:00 a.m.
HB2434 HD1 RELATING TO ENVIRONMENTAL PROTECTION. Requires certain retailers in the state to implement an at-store plastic carryout bag recycling program. (Berg)
Committee on Public Safety & Military Affairs/Committee on Water, Land, Ocean Resources & Hawaiian Affairs, Room 309, 10:55 a.m.
HB2543 MAKING AN APPROPRIATION FOR A SHOOTING RANGE IN WEST HAWAII ON THE ISLAND OF HAWAII. Appropriates funds to plan, design, and construct a shooting range in West Hawaii on the island of Hawaii. (Evans)
Committee on Public Safety & Military Affairs/Committee on Health/Committee on Energy & Environmental Protection, Room 309, 11:00 a.m.
HB2076 RELATING TO DEPLETED URANIUM. Requires the Department of Health to establish air sampling stations to monitor for levels of depleted uranium. (Evans)
Committee on Judiciary, Room 325, 2:40 p.m.
HB2766 HD1 RELATING TO ELECTRONIC MONITORING. Allows the courts to require electronic monitoring of persons convicted of violating a domestic abuse temporary restraining order or protective order. (Lee)
HB2664 RELATING TO DISASTER RELIEF. Clarifies the use of the governor's emergency powers. (Say)
Committee on Economic Development & Business Concerns, Room 325, 10:00 a.m.
HB2434 HD1 RELATING TO ENVIRONMENTAL PROTECTION. Requires certain retailers in the state to implement an at-store plastic carryout bag recycling program. (Berg)
Committee on Public Safety & Military Affairs/Committee on Water, Land, Ocean Resources & Hawaiian Affairs, Room 309, 10:55 a.m.
HB2543 MAKING AN APPROPRIATION FOR A SHOOTING RANGE IN WEST HAWAII ON THE ISLAND OF HAWAII. Appropriates funds to plan, design, and construct a shooting range in West Hawaii on the island of Hawaii. (Evans)
Committee on Public Safety & Military Affairs/Committee on Health/Committee on Energy & Environmental Protection, Room 309, 11:00 a.m.
HB2076 RELATING TO DEPLETED URANIUM. Requires the Department of Health to establish air sampling stations to monitor for levels of depleted uranium. (Evans)
Committee on Judiciary, Room 325, 2:40 p.m.
HB2766 HD1 RELATING TO ELECTRONIC MONITORING. Allows the courts to require electronic monitoring of persons convicted of violating a domestic abuse temporary restraining order or protective order. (Lee)
Tuesday, February 12, 2008
House Honors Bert A. Kobayashi
L to R: Rep. Kirk Caldwell, Susan Kobayashi, Bert A. Kobayashi, Rep. Ken ItoToday, the House of Representatives passed a resolution honoring Bert A. Kobayashi, one of Hawaii's most successful developers. Rep. Ken Ito, who went to high school with Mr. Kobayashi, said a few words as a tribute to his friend:
"Mr. Speaker, we have all heard the story of Horatio Alger, who went from rags to riches.
Today we honor a gentleman who embodies the spirit of Horatio Alger, and his name is Bert Kobayashi.
Bert came from humble beginnings, and through hard work and dedication to Hawaii, he rose to become one of the most successful business people in our community.
What makes Bert so special, however, is that no matter how successful he became, he has never forgotten his Kalihi roots.
Mr. Speaker, I want to take us back to the year 1962 when Bert was barely out of high school. Bert's father, Albert C. Kobayashi, became very ill, and the responsibility for running the company fell upon Bert's young shoulders.
Since that time, Bert has run the company, building a reputation for getting the job done, on schedule, and on budget. During his tenure as the Chairman and CEO, business revenues grew from $2 million-a-year to $125 million-a-year.
I believe that the reason for his success lies in his desire to give back to Hawaii. Bert's heart has always been in building affordable housing to ensure that the local people, especially the young people, can live and work in Hawaii. Bert is credited with building hundreds of affordable homes in West Loch, Kapolei and on Maui.
Throughout government and business, many people know Bert as one of Hawaii's most successful builders, but because he is so humble, most people don't know how much time and energy he devotes to community service.
Over the years, Bert has served on the boards of the Japan-America society of Hawaii, the University of Hawaii foundation, the Kapiolani Health Care Foundation, and the Nature Conservancy of Hawaii, among others.
All are important, but Bert seems to have a special place in his heart for the Polynesian Voyaging Society. As the board member in charge of fundraising, Bert was instrumental in rallying the general and business communities to embrace, support and ultimately strengthen the society. As we all know, without funds, good programs die. Bert did not let that happen, and to this day, Bert can always be called upon whenever the Polynesian Voyaging Society needs help.
Bert has also served on the Board of Regents for the University of Hawaii and for Georgetown University. He has won many awards, including Georgetown's Patrick Healy award in 1994, the Pacific Business News' Business leader of the year award in 2002, and Bishop Museum's Charles Reed Bishop medal in 2004.
Mr. Speaker, I've known Bert Kobayashi for a very long time, in fact, I knew him when he was still single. Bert is a brilliant business man and he has worked very hard to become what he is today. But it is also true that behind this great man is a great woman, as the saying goes, and her name is Susan Kobayashi.
Susan, will you please stand and be recognized.
Throughout their courtship and marriage, Susan has always been there for Bert. She has guided him, encouraged him, and supported him through all of his endeavors. Most of all, she has provided Bert with the love and understanding of a devoted wife.
Thank you Susan for all you have done to help Bert throughout his career. I truly don't know what Bert would have done without you, and, together, the two of you have blessed Hawaii with your partnership.
Mr. Speaker, Bert Kobayashi is the living example of the saying, "it is not how much money you have; it is what you can create in your mind and put on paper."
Whether in business or community work, Bert wanted to achieve great things for others, but he never sought recognition for himself. He would much rather be known as a hard working, honest person, who came from humble roots in Kalihi. His measure of a success is not fame or fortune, but how much you are able to give back to the community. That is the mark of a great man.
Thank you Mr. Speaker."
College of Ag could be relocated to Kunia
Members from the Committee on Higher Education visited the site in Kunia yesterday, where the College of Tropical Agriculture and Human Resources (CTAHR) will move their Agribusiness Incubator Program and Poamoho Research Station projects and personnel to if HB3309, HD1, a measure appropriating $250,000 to aid with the relocation, becomes law."Locating the Agribusiness Incubator Program at this agricultural business complex will make it easier for start-ups and established businesses to benefit from consulting and product development services they might not otherwise be able to access," said University of Hawaii Chancellor Virginia S. Hinshaw in a written testimony.
Several agricultural front runners, including the Hawaii Farm Bureau Federation, the Hawaii Agriculture Research Center (HARC), the Agricultural Leadership Foundation of Hawaii, and the Landscape Industry Council of Hawaii, are interested in co-locating operations to the Kunia site to share business-related resources.
Education Committee Chair Jerry Chang, the legislature representing South Hilo, said that bringing Hawaii agricultural groups together is a once in a life time opportunity.
With the increase of housing developments, farmlands have gradually dwindled. They are under extreme urban development pressure. In Ewa and Kunia, thousands of agricultural acres have already been - or will be - converted to homes and shopping centers.
Rep. Michael Magaoay, D46th (Kunia, Schofield), said, "We need to carry tradition and maintain agriculture in that [Kunia] area." Bringing our agricultural organizations together by creating a business complex for existing businesses to expand and mature, and new business to receive the support needed to develop successfully will help perpetuate agriculture in Hawaii, he said.
Campbell Estate is willing to contribute 119 acres of land, worker housing and office facilities to HARC. Del Monte, Inc., former lessee of the land, stopped producing pineapple in 2006, and will cease all operations in 2008 after the final crop is harvested.
"I'm thankful for Campbell Estate reaching out and HARC stepping forward to keep it [Kunia lands] in agriculture," Rep. Magaoay said.
The measure passed out of the Committee on Higher Education today. It is awaiting hearing with the Finance Committee.
Photo from the Star-Bulletin.
Hawaii 2050 Sustainability Plan
The Hawaii 2050 Sustainability Task Force unveiled their Sustainability Plan yesterday at a well attended press conference. The Advertiser's report (including video) is here. The Star-Bulletin story is here.Majority Leader Kirk Caldwell, representing the Speaker, pointed out that there will be annual reports showing what progress has been made and what needs attention. Senate President Colleen Hanabusa said what may have been on others' minds; I know it was on mine. To paraphrase, she said it was, indeed, a beautiful book with a lot of beautiful pictures. Too often, after the buzz is over, books like this are sentenced to a life gathering dust. This book, however, is too important to sit on a shelf. It contains a plan for people to read, to debate, and to use as we think about and shape our future.
Some interesting points about this plan:
It's been over 30 years since the last significant state planning project. This is the first long-range plan for the future of our state since "Hawaii 2000" which was completed in the early 1970's.
It also builds upon the 1961 plan produced by former Governor Bill Quinn.
It contains the first official definition of sustainability for Hawaii. Here it is:
A Hawaii that achieves the following:The plan includes priority actions and intermediate goals for the Year 2020. Here are the specific benchmarks:
Respects the culture, character, beauty and history of our state's island communities.
Strikes a balance among economic, social and community, and environmental priorities.
Meets the needs of the present without compromising the ability of future generations to meet their own needs.
1. Affordable Housing: By 2020, Hawaii's shelter-to-income ratio is nearing the national ratio of 22% of income spent for homeowner housing, and 30% for rental housing. We meet the estimated need for approximately 23,000 affordable and workforce housing units by 2011.
2. Public Education: By 2019, per DOE projections, 61% of grade 4 students will be proficient in math and 35% will be proficient in reading. Also, 31% of grade 8 students will be proficient in math and 22% will be proficient in reading.
3. Reliance on fossil fuels: 20% of electricity is to be generated from renewable resources by the end of 2020.
4. Recycling, reuse and waste reduction: 50% of Hawaii's municipal solid waste will be diverted from landfills.
5. Economy: The innovation sector will comprise 7% of all private sector jobs.
6. Sustainability ethic: 85% of Hawaii residents consider sustainability to be a "critically important" issue to our state.
7. Local foods and products: 30% of food consumed can be grown locally, 85% of fruits and vegetables we consume can be grown locally.
8. Long-term care and elderly housing: 40 beds per 1,000 residents aged 65 and older is desired.
9. Island cultural values: Hawaii residents attend a cultural event at least once a quarter.
More on the Hawaii 2050 Sustainability Plan can be found on the task force website: www.hawaii2050.org.
Regarding legislation, the House bill, HB2590 HD1 was held today in the Committee on Economic Development & Business Concerns. Chair Kyle Yamashita explained that the House supports the bill, but since the companion bill, SB2833 is moving in the Senate, he would defer action on the House bill, thereby helping to ease the heavy load on the Finance committee.
Bills of interest for Wednesday, Feb. 13th
Committee on Health/Committee on Human Services & Housing, Room 329, 8:00 a.m.
HB2867 RELATING TO STATE HEALTH PLANNING. Repeals certificate of need process and the law governing acquisition of hospitals in relation to state health planning. (Say BR)
HB2187 RELATING TO TOXIC PRODUCTS. Prohibits the manufacturing, sale or distribution of toys and child care articles containing certain toxic chemicals and requires manufacturers to use the least toxic alternatives. (Thielen)
HB2419 RELATING TO HOSPITALS. Requires Hawaii health systems corporation to develop a plan to establish a hospital in South Maui and in Lahaina, Maui. (Bertram)
HB3347 MAKING AN APPROPRIATION TO THE QUEEN'S MEDICAL CENTER TO PROVIDE FOR EMERGENCY ENERGY CAPACITY. Appropriates $10 million to the Queen's Medical Center as a grant to increase its emergency power generator system to ensure a required maximum capacity of 6,000 kilowatts to continue operating its hospital and trauma center in the event of a disaster. (Evans)
DECISION MAKING ONLY:
HB2680 RELATING TO FOOD. Bans the use of the artificial sweetener aspartame in food products.
HB2675 RELATING TO MEDICAL MARIJUANA. Authorizes the use of a written certification or its equivalent issued by another state government to permit the medical use of marijuana by a qualifying patient in place of a certificate provided by the Department of Public Safety.
HB2077 RELATING TO HEALTH INSURANCE. Requires that mutual benefit societies annually spend on health community benefit programs no less than 50% of the savings that they receive annually from their general excise tax exemption as nonprofit organizations.
Committee on Consumer Protection & Commerce, Room 325, 2:00 p.m.
DECISION MAKING ONLY:
HB1992 HD1 RELATING TO MEDICAL LIABILITY. Addresses medical malpractice insurance costs by capping non-economic damages at $250,000, establishing a limit of $3 million for non-economic damages determined by the court to be catastrophic damages, and requiring that economic damages be allocated based upon proportionate percentage of negligence.
HB2867 RELATING TO STATE HEALTH PLANNING. Repeals certificate of need process and the law governing acquisition of hospitals in relation to state health planning. (Say BR)
HB2187 RELATING TO TOXIC PRODUCTS. Prohibits the manufacturing, sale or distribution of toys and child care articles containing certain toxic chemicals and requires manufacturers to use the least toxic alternatives. (Thielen)
HB2419 RELATING TO HOSPITALS. Requires Hawaii health systems corporation to develop a plan to establish a hospital in South Maui and in Lahaina, Maui. (Bertram)
HB3347 MAKING AN APPROPRIATION TO THE QUEEN'S MEDICAL CENTER TO PROVIDE FOR EMERGENCY ENERGY CAPACITY. Appropriates $10 million to the Queen's Medical Center as a grant to increase its emergency power generator system to ensure a required maximum capacity of 6,000 kilowatts to continue operating its hospital and trauma center in the event of a disaster. (Evans)
DECISION MAKING ONLY:
HB2680 RELATING TO FOOD. Bans the use of the artificial sweetener aspartame in food products.
HB2675 RELATING TO MEDICAL MARIJUANA. Authorizes the use of a written certification or its equivalent issued by another state government to permit the medical use of marijuana by a qualifying patient in place of a certificate provided by the Department of Public Safety.
HB2077 RELATING TO HEALTH INSURANCE. Requires that mutual benefit societies annually spend on health community benefit programs no less than 50% of the savings that they receive annually from their general excise tax exemption as nonprofit organizations.
Committee on Consumer Protection & Commerce, Room 325, 2:00 p.m.
DECISION MAKING ONLY:
HB1992 HD1 RELATING TO MEDICAL LIABILITY. Addresses medical malpractice insurance costs by capping non-economic damages at $250,000, establishing a limit of $3 million for non-economic damages determined by the court to be catastrophic damages, and requiring that economic damages be allocated based upon proportionate percentage of negligence.
Monday, February 11, 2008
Bills of interest for TUESDAY, FEB. 12TH
Committee on Human Services & Housing, Room 329, 8:34 a.m.
HB3236 RELATING TO COUNTY ZONING. Requires a prior public informational hearing be held in the affected community before a county agency may issue any permit for group living facilities with five or more unrelated persons. (Thielen)
Committee on Human Services & Housing, Room 329, 8:40 a.m.
HB3362 RELATING TO CRIME. Mandate minors be tried as adults in cases of first degree murder, second degree murder, first degree sexual assault and second degree sexual assault. (Pine)
HB3211 RELATING TO CLOTHESLINES. "Right to Dry". Allows for the use of clotheslines on any privately owned single family residental dwelling, with limited restrictions. (Morita)
HB2668 RELATING TO HOUSING. Makes the Hawaii Housing Finance and Development Corporation responsible for issuing special purpose revenue bonds for low and moderate income housing projects. Requires that only grants be made from the rental housing trust fund as equity gap financing. Repeals the sunset date on the transfer of part of the conveyance tax proceeds to the rental housing trust fund. (Say)
HB2238 RELATING TO PUBLIC HOUSING. Requires public housing projects and affordable housing funded by county or state funds to remain affordable in perpetuity. (Shimabukuro)
Committee on Labor & Public Employment, Room 309, 8:50 a.m.
HB3271 RELATING TO TAX CREDITS. Provides a tax credit to employers who allow employees to telecommute. (Awana)
Committee on Energy & Environmental Protection, Room 312, 8:55 a.m.
HB3001 RELATING TO NOISE. Authorizes injunctive relief and damages for private nuisance due to excessive noise. (Rhoads)
Committee on Economic Development & Business Concerns, Room 325, 9:00 a.m.
HB3333 RELATING TO KAKAAKO. Provides an unspecified tax credit for real property in the Kakaako community development district zones I-1 and I-2 for a portion of the industrial real property tax assessment imposed by the city and county of Honolulu, provided that the property was in use for light industrial, wholesaling, or service and commercial operations in the year in which the tax credit is taken and retains I-1 and I-2 zoning. (Brower)
Committee on Energy & Environmental Protection, Room 312, 9:05 a.m.
HB2779 RELATING TO GRAY WATER. Requires the Department of Health to establish a gray water recycling program. (Yamashita)
Committee on Legislative Management, Room 423, 2:00 p.m.
HB2007 HD1 RELATING TO CORRECTIONS. Requires the auditor to conduct a financial and management audit of each commissary located in a Hawaiii correctional facility, as well as commissaries located at out-of-state contracted correctional facilities where Hawaii inmates are confined. Also requires the auditor to conduct performance audits of private prisons on the mainland that house Hawaii prisoners. (Evans)
Committee on Judiciary, Room 325, 2:05 p.m.
HB2558 HD1 RELATING TO CHILD PROTECTION. Authorizes the Department of Human Services to conduct unannounced visits to inspect a parental home in which a household member was convicted or adjudicated for certain offenses of child abuse or neglect. Establishes a Well Child Follow-up Visit pilot project. (B. Oshiro)
HB3016 HD1 RELATING TO LAW ENFORCEMENT. Authorizes Department of Land and Natural Resources Conservation and Resources Enforcement Officers to use tasers while performing their duties upon the receipt of accreditation or recognition. (Carroll)
HB2823 RELATING TO DAM SAFETY. Establishes limitations on liability for damages for owners of dams and reservoirs. (Karamatsu)
HB1895 RELATING TO NATIVE HAWAIIAN CHILDREN. Creates the Native Hawaiian Child Welfare Act that establishes the Na Kupuna Tribunal and grants it exclusive jurisdiction over child custody proceedings involving native Hawaiian children. (Chong BR)
HB3383 RELATING TO HAWAII PENAL CODE. Requires that multiple terms of imprisonment run concurrently unless the court orders or the law mandates that the terms run consecutively. Effective upon approval and applies to all terms of imprisonment imposed before or after the effective date. (B. Oshiro)
Committee on Higher Education, Room 309, 2:15 p.m.
HB2519 HD1 RELATING TO HEALTH CARE. Establishes the Hawaii Health Corps Program to provide student loan repayments and physician and dentist stipends, and makes the enterprise zone business tax credit and general excise tax exemption available to physicians and dentists who practice in enterprise zones that are in health professional shortage areas of the state. (Green)
HB3236 RELATING TO COUNTY ZONING. Requires a prior public informational hearing be held in the affected community before a county agency may issue any permit for group living facilities with five or more unrelated persons. (Thielen)
Committee on Human Services & Housing, Room 329, 8:40 a.m.
HB3362 RELATING TO CRIME. Mandate minors be tried as adults in cases of first degree murder, second degree murder, first degree sexual assault and second degree sexual assault. (Pine)
HB3211 RELATING TO CLOTHESLINES. "Right to Dry". Allows for the use of clotheslines on any privately owned single family residental dwelling, with limited restrictions. (Morita)
HB2668 RELATING TO HOUSING. Makes the Hawaii Housing Finance and Development Corporation responsible for issuing special purpose revenue bonds for low and moderate income housing projects. Requires that only grants be made from the rental housing trust fund as equity gap financing. Repeals the sunset date on the transfer of part of the conveyance tax proceeds to the rental housing trust fund. (Say)
HB2238 RELATING TO PUBLIC HOUSING. Requires public housing projects and affordable housing funded by county or state funds to remain affordable in perpetuity. (Shimabukuro)
Committee on Labor & Public Employment, Room 309, 8:50 a.m.
HB3271 RELATING TO TAX CREDITS. Provides a tax credit to employers who allow employees to telecommute. (Awana)
Committee on Energy & Environmental Protection, Room 312, 8:55 a.m.
HB3001 RELATING TO NOISE. Authorizes injunctive relief and damages for private nuisance due to excessive noise. (Rhoads)
Committee on Economic Development & Business Concerns, Room 325, 9:00 a.m.
HB3333 RELATING TO KAKAAKO. Provides an unspecified tax credit for real property in the Kakaako community development district zones I-1 and I-2 for a portion of the industrial real property tax assessment imposed by the city and county of Honolulu, provided that the property was in use for light industrial, wholesaling, or service and commercial operations in the year in which the tax credit is taken and retains I-1 and I-2 zoning. (Brower)
Committee on Energy & Environmental Protection, Room 312, 9:05 a.m.
HB2779 RELATING TO GRAY WATER. Requires the Department of Health to establish a gray water recycling program. (Yamashita)
Committee on Legislative Management, Room 423, 2:00 p.m.
HB2007 HD1 RELATING TO CORRECTIONS. Requires the auditor to conduct a financial and management audit of each commissary located in a Hawaiii correctional facility, as well as commissaries located at out-of-state contracted correctional facilities where Hawaii inmates are confined. Also requires the auditor to conduct performance audits of private prisons on the mainland that house Hawaii prisoners. (Evans)
Committee on Judiciary, Room 325, 2:05 p.m.
HB2558 HD1 RELATING TO CHILD PROTECTION. Authorizes the Department of Human Services to conduct unannounced visits to inspect a parental home in which a household member was convicted or adjudicated for certain offenses of child abuse or neglect. Establishes a Well Child Follow-up Visit pilot project. (B. Oshiro)
HB3016 HD1 RELATING TO LAW ENFORCEMENT. Authorizes Department of Land and Natural Resources Conservation and Resources Enforcement Officers to use tasers while performing their duties upon the receipt of accreditation or recognition. (Carroll)
HB2823 RELATING TO DAM SAFETY. Establishes limitations on liability for damages for owners of dams and reservoirs. (Karamatsu)
HB1895 RELATING TO NATIVE HAWAIIAN CHILDREN. Creates the Native Hawaiian Child Welfare Act that establishes the Na Kupuna Tribunal and grants it exclusive jurisdiction over child custody proceedings involving native Hawaiian children. (Chong BR)
HB3383 RELATING TO HAWAII PENAL CODE. Requires that multiple terms of imprisonment run concurrently unless the court orders or the law mandates that the terms run consecutively. Effective upon approval and applies to all terms of imprisonment imposed before or after the effective date. (B. Oshiro)
Committee on Higher Education, Room 309, 2:15 p.m.
HB2519 HD1 RELATING TO HEALTH CARE. Establishes the Hawaii Health Corps Program to provide student loan repayments and physician and dentist stipends, and makes the enterprise zone business tax credit and general excise tax exemption available to physicians and dentists who practice in enterprise zones that are in health professional shortage areas of the state. (Green)
Big Kine Island News: Public meeting to discuss Kawaihae auction
Are you concerned about the auction of more than an acre of land next to the Kawaihae Canoe Club on the The Big Island? Do you want to be part of the discussion and get the latest updates on the the land bid process or the status of the boat harbor design?
If so, join officials from the Department of Land and Natural Resources, Gordon Heit of Land Division, and Eric Yuasa and Nancy Murphy of Harbor Division, and other community members for a meeting to discuss the State Land Lease Auction of property that could become the next store you shop at or restaurant you dine at.
When:
Sunday, Mar. 2, 2008
2-4 p.m.
Where:
Hamakua Macadamia Nut Company
61-3251 Maluokalani St.
The old Pioneer Warehouse, first street on the right, north of Kawaihae.
The auction is on March 27, 2008. The deadline for prospective bidders was on Feb. 1 2008.
Contact the Office of Rep. Cindy Evans of South Kohala at (808) 586-8510 with any questions or concerns.
Photo: Kawaihae Harbor from 2005 Hawaiian Images, Photography & Video
If so, join officials from the Department of Land and Natural Resources, Gordon Heit of Land Division, and Eric Yuasa and Nancy Murphy of Harbor Division, and other community members for a meeting to discuss the State Land Lease Auction of property that could become the next store you shop at or restaurant you dine at.
When:
Sunday, Mar. 2, 2008
2-4 p.m.
Where:
Hamakua Macadamia Nut Company
61-3251 Maluokalani St.
The old Pioneer Warehouse, first street on the right, north of Kawaihae.
The auction is on March 27, 2008. The deadline for prospective bidders was on Feb. 1 2008.
Contact the Office of Rep. Cindy Evans of South Kohala at (808) 586-8510 with any questions or concerns.
Photo: Kawaihae Harbor from 2005 Hawaiian Images, Photography & Video
Happy Birthday!
Today is the birthday of Rep. Josh Green from Kona and Rep. Roland Sagum from Waimea. We wish them both a great day and successful year.
Saturday, February 9, 2008
Bills of interest for MONDAY, FEB. 11TH
Committee on Transportation, Room 309, 9:00 a.m.
HB2951 RELATING TO TRANSPORTATION. Requires Department of Transportation to implement traffic congestion reduction plans, a statewide traffic flow improvement plan, a statewide infrastructure maintenance and improvement program, and a traffic safety enhancement plan. (Souki)
HB1972 RELATING TO TRAFFIC. Require DOT to establish and operate a county-wide highway traffic advisory radio system to advise motorists of updated current traffic conditions in any county having a population of greater than 300,000. (Takai)
HB3228 RELATING TO ABANDONED VEHICLES. Allow counties to remove abandoned motor vehicles from private roads. (Nishimoto BR)
HB2860 HD1 RELATING TO TAXATION. Exempts from general excise and use taxes the fuel sold from a foreign trade zone for intrastate air transportation by common carriers. (Souki)
Committee on Water, Land, Ocean Resources & Hawaiian Affairs, Room 312, 9:30 a.m.
HB2887 RELATING TO TATTOOING. Exempts experts in the practice of Kakau, traditional Hawaiian tattooing, from current tattoo licensure laws and directs the Department of Health to work with Kahuna ka Kakau to develop best practices for traditional Hawaiian tattooing. (Awana)
HB2525 RELATING TO HAWAII COMMUNITY DEVELOPMENT AUTHORITY. Requires the Hawaii Community Development Authority to incorporate smart growth principles in community plan rules. (Har) (House Majority)
Committee on Consumer Protection & Commerce, Room 325, 2:05 p.m.
HB2001 HD1 RELATING TO TELEPHARMACY. Permits the operation of remote dispensing pharmacies. (Morita)
HB3367 HD1 RELATING TO WIRELESS ENHANCED 911. Reduces the monthly surcharge on wireless telephone accounts for deployment of system to locate wireless 911 callers. (Caldwell)
HB2810 RELATING TO WATER RATES. Establishes a process for just and reasonable water rates for farming operations with PUC oversight, but excludes the water supplier from the definition of a "public utility". (Tsuji)
HB2965 HD1 RELATING TO AGRICULTURAL WATER SECURITY. Establishes measures for preserving the security of the State's agricultural water supply in the event of an emergency. (Takamine)
HB2951 RELATING TO TRANSPORTATION. Requires Department of Transportation to implement traffic congestion reduction plans, a statewide traffic flow improvement plan, a statewide infrastructure maintenance and improvement program, and a traffic safety enhancement plan. (Souki)
HB1972 RELATING TO TRAFFIC. Require DOT to establish and operate a county-wide highway traffic advisory radio system to advise motorists of updated current traffic conditions in any county having a population of greater than 300,000. (Takai)
HB3228 RELATING TO ABANDONED VEHICLES. Allow counties to remove abandoned motor vehicles from private roads. (Nishimoto BR)
HB2860 HD1 RELATING TO TAXATION. Exempts from general excise and use taxes the fuel sold from a foreign trade zone for intrastate air transportation by common carriers. (Souki)
Committee on Water, Land, Ocean Resources & Hawaiian Affairs, Room 312, 9:30 a.m.
HB2887 RELATING TO TATTOOING. Exempts experts in the practice of Kakau, traditional Hawaiian tattooing, from current tattoo licensure laws and directs the Department of Health to work with Kahuna ka Kakau to develop best practices for traditional Hawaiian tattooing. (Awana)
HB2525 RELATING TO HAWAII COMMUNITY DEVELOPMENT AUTHORITY. Requires the Hawaii Community Development Authority to incorporate smart growth principles in community plan rules. (Har) (House Majority)
Committee on Consumer Protection & Commerce, Room 325, 2:05 p.m.
HB2001 HD1 RELATING TO TELEPHARMACY. Permits the operation of remote dispensing pharmacies. (Morita)
HB3367 HD1 RELATING TO WIRELESS ENHANCED 911. Reduces the monthly surcharge on wireless telephone accounts for deployment of system to locate wireless 911 callers. (Caldwell)
HB2810 RELATING TO WATER RATES. Establishes a process for just and reasonable water rates for farming operations with PUC oversight, but excludes the water supplier from the definition of a "public utility". (Tsuji)
HB2965 HD1 RELATING TO AGRICULTURAL WATER SECURITY. Establishes measures for preserving the security of the State's agricultural water supply in the event of an emergency. (Takamine)
Friday, February 8, 2008
Health committee not too sweet on artificial sugar ban bill
Although Rep. Josh Green (D-North Kona) sympathized with supporters who have been affected by the artificial sweetener aspartame, he was unable to immediately pass a bill that would ban the artificial sweetener aspartame in food products without concrete evidence showing a connection between aspartame and medical ailments. We can't take numerous amounts of products off Hawaii store shelves without evidence of a connection, he said. Banning aspartame would be a major policy change, affecting many corporations and the market. Rep. Gene Ward (R-Hawaii Kai) said that putting a total ban on aspartame in July 2008 would be difficult and nearly impossible. Huge bans like this would need a phasing out process, he said. Decision making was deferred until Feb. 13, 2008. Rep. Green said that he is open to supporters providing more detailed and solid information about the connection between aspartame and health problems before decision making.
The Honolulu Advertiser covered the hearing.
Legislature 2008 - Day 16
Today was Day 16 of the 60-day session.
House Majority Package: All bills in the House Majority package are moving forward.
Joint House/Senate Majority Package: All bills are alive and moving.
Today in the floor session, here are some actions of note:
The Universal Healthcare bill, HB1598 HD1, passed second reading and will go next to Consumer Protection & Commerce. Voting no: Reps. Ching, Evans, Finnegan, Marumoto, Meyer, Ward.
The bill appropriating funds to purchase the Galbraith Estate lands, HB2292, passed second reading and now goes to Finance. None voting no.
A bill that limits liability for land owners with dams and reservoirs, HB2823 HD1, passed second reading and goes on to Judiciary. Voting no: Reps. Belatti, Berg, Morita, Saiki, Sonson, Thielen.
A bill authoring the use of tasers by DLNR enforcement officers (DOCARE), HB3016 HD1, passed second reading and moves to Judiciary. None voting no.
A bill that imposes a royalty fee on bottled water in order to protect the state's water supply. HB3445 HD1, also places a moratorium on bottled water originating from groundwater sources in the state that are not under the jurisdiction of any county boards of water supply. Voting no: Meyer, Souki.
Bills of note that were deferred indefinitely(dead):
HB3389, A bill that prohibits all commercial activities in marine life conservation districts designated after 1/01/68. Chair Ken Ito wants to work with the parties to find a better balance between commercial operations and conservationists.
HB3294, A bill that provides funds for a special election, convention expenses and compensation of delegates, a citizen education program and updating of the constitutional convention studies. Chair Tommy Waters cited problems on the timing of the bill, noting that funds would lapse before the state would be ready to spend money provided that voters approved a Constitutional Convention in the 2008 election.
Next big deadline: Thursday, February 14th is the filing deadline for First Lateral. All House bills with more than one referral must move to the final referral committee.
House Majority Package: All bills in the House Majority package are moving forward.
Joint House/Senate Majority Package: All bills are alive and moving.
Today in the floor session, here are some actions of note:
The Universal Healthcare bill, HB1598 HD1, passed second reading and will go next to Consumer Protection & Commerce. Voting no: Reps. Ching, Evans, Finnegan, Marumoto, Meyer, Ward.
The bill appropriating funds to purchase the Galbraith Estate lands, HB2292, passed second reading and now goes to Finance. None voting no.
A bill that limits liability for land owners with dams and reservoirs, HB2823 HD1, passed second reading and goes on to Judiciary. Voting no: Reps. Belatti, Berg, Morita, Saiki, Sonson, Thielen.
A bill authoring the use of tasers by DLNR enforcement officers (DOCARE), HB3016 HD1, passed second reading and moves to Judiciary. None voting no.
A bill that imposes a royalty fee on bottled water in order to protect the state's water supply. HB3445 HD1, also places a moratorium on bottled water originating from groundwater sources in the state that are not under the jurisdiction of any county boards of water supply. Voting no: Meyer, Souki.
Bills of note that were deferred indefinitely(dead):
HB3389, A bill that prohibits all commercial activities in marine life conservation districts designated after 1/01/68. Chair Ken Ito wants to work with the parties to find a better balance between commercial operations and conservationists.
HB3294, A bill that provides funds for a special election, convention expenses and compensation of delegates, a citizen education program and updating of the constitutional convention studies. Chair Tommy Waters cited problems on the timing of the bill, noting that funds would lapse before the state would be ready to spend money provided that voters approved a Constitutional Convention in the 2008 election.
Next big deadline: Thursday, February 14th is the filing deadline for First Lateral. All House bills with more than one referral must move to the final referral committee.
Medical marijuana bill changes not yet ready
A decision on a medical marijuana bill that we blogged about in a previous post was supposed to be made today, but the health committee chair deferred the measure until next Wednesday. Work is still in progress to create an effective vehicle that would help patients get better access to the medicine. Neither HB2675 nor HB2434 will be passed as is; however, the Committee on Health will make a decision next week about the future of a revised measure whose "primary concern is access for people who are sick."
Update on pilot program for ECG equipment
HB2063, a bill establishing a two-year pilot project to equip paramedics to transmit ECG data from ambulances, was passed out of Health today with amendments. For more information on the bill, refer to a previous post. The committee moved to amend the bill by creating a task force of different and informed members in hopes of working out the specifics and need of the project.
2 bills jailed, others pass go in Health hearing
Passed out of HealthProhibiting dentists from working in big box stores (HB2301)
Testimony in support of the bill claimed that practices in big box stores have no control over the facility. Dentists are not able to attend to patient needs 24 hours a day. Although they can make house visits for some situations like some medical doctors do, they wouldn't be able to attend to serious events that would require access to specific equipment. Supporters of the bill repeated frequently that dentists have an obligation to serve their patients and practices in big box corporation can't fulfill this obligation under third party regulations. The Health Committee passed the bill for more discussion. Rep. Josh Green, committee chair, recognized that dentist practices in commercial arenas lack 24 hour availability, but also said that the bill seems to target big box stores such as Wal-Mart and Cosco, and that the advertising provision seems problematic.
More money for TB treatment (HB2118)
This measure passed with an amendment proposed by the Attorney General's Office changing language in regards to the administrator of the funds.
Money wanted for epilepsy assistance (HB2286)
This measure, which would create a fund to help epilepsy victims and families, and create a committee to make recommendation for a treatment and education program, was passed with amendments that will add a task force and change and tighten language.
Center for Nursing asks for continual funding from nurses (HB2134, HD1)
While some nurses are opposed to a bill that would require them to pay a $40 fee each time they renew their nursing license, the Board of Nursing supports the funding of the Center for Nursing in order to continue efforts to alleviate nursing shortage in Hawaii. The Health Committee passed the bill extending the sunset date by only one year. Rep. Green said that although $40 may not seem like a lot of money, it shouldn't be coming from the pockets of Hawaii nurses. The Center for Nursing has proven its worth to the community, he said, and the State should start helping financially.
Keeping mental health counselors (HB2566)
This bill would repeal sunset provisions for Chapter 453D, Hawaii Revised Statutes, relating to mental health counselors. The chair agreed with the testimony in support of this bill and passed it out of health.
Tax credits for long-term care facilities (HB2171, HD1)
Although recognizing the points of the opposition, the health chair passed this bill that he said is prudent in addressing the shortage of long-term care facilities. Rep. Gene Ward said that if there is anyway to provide more beds for long-term care than it should be done. The bill does not need to be heard by another committee.
Name of medical board (HB2169, HD1)
With no opposing testimony, the bill that would change the "Board of Medical Examiners" to the "Hawaii Medical Board" was passed out of health.
Jury exemptions for practicing psychologists (HB2385)
Rep. Josh Green recommended passing this bill because although psychologists are not medical doctors they are still health care providers with huge work loads. Rep. Karl Rhoads (D-Downtown) voted with reservation on this recommendation because he believes that no one should have jury duty exemptions because. Rep. Karen Awana (D-Nanakuli) and Rep. Rida Cabanilla (D-Ewa) also voted with reservations.
Held indefinitely
False advertising = sanctioned dental license (HB2298)
This measure, which was vetoed last year by the governor, was deferred indefinitely on the recommendation of the chair because he claimed that it was not ready as opinions have not changed yet.
Informing patients of mercury effects (HB2286)
Rep. Green deferred the bill indefinitely because of insufficient evidence by public officials and experts attesting to the possible negative effects of vaccines containing any amount of mercury.
Thursday, February 7, 2008
What to do about OCCC?
Oahu Community Correctional Center - 2199 Kamehameha HighwayThe Oahu Community Correctional Center is the state's largest jail, situated on 16 acres in urban Honolulu. It is currently designed as a 950-bed facility housing pre-trial detainees. Today, the Public Safety and Military Affairs committee heard testimony on HB2685, which directs the Department of Public Safety and the Office of Planning to design a new minimum security facility on the site of OCCC.
Chair Cindy Evans said that OCCC is currently operating at 25% over its design capacity. Overcrowding is a major issue. And, while the facility was originally intended to be a community-based operation, Rep. Evans believes it has outgrown that role. According to the Department's website, in addition to its jail functions, the center provides re-integration programs for male sentenced felons.
The committee voted to pass the bill with amendments. Rather than on the same site as OCCC, Rep. Evans would like the department to work with the Department of Accounting and General Services to identify potential land in urban Honolulu for a vertical detention center. With the addition of the vertical facility, she wants OCCC to get back to its orginal intent as a community-based center. The bill now goes to Finance.
Bill aims to help inmates rejoin community
For some inmates, prison is the only home they know. Freedom may be the sweet nectar they all envy, but rejoining the community is most likely the bitter fruit some fear.
Like Nancy Neki, a former inmate who spent nine years making a correctional facility her home, transitioning back into society frightened her. Neki bounced around from foster home to foster home and had no family or relatives. She could neither read nor write and would probably have returned to the prison cell she once called home if it weren't for the classes that helped her transition back into the community.
"It helped me learn about how to deal with life," Neki said. She said that the program helped build a nonexistent self-esteem and forced her to reexamine her thoughts and values.
The Committee on Public Safety and Military Affairs heard HB3426 this morning, a measure, introduced by Rep. Karen Awana, D-24 (Nanakuli, Maile), that would appropriate funds to establish a cognitive restructuring program for Native Hawaiians. The program would combine strategies that help inmates get back in touch with their cultural values, and formal cognitive restructuring and transitional practices. In order to reintegrate offenders and reduce recidivism, the program aims to restructure thought processes and teach cognitive skills that would help with basic decision-making and problem-solving.
The bill passed with amendments that will change its language by reflecting a pilot program. Read Testimonies.
Like Nancy Neki, a former inmate who spent nine years making a correctional facility her home, transitioning back into society frightened her. Neki bounced around from foster home to foster home and had no family or relatives. She could neither read nor write and would probably have returned to the prison cell she once called home if it weren't for the classes that helped her transition back into the community.
"It helped me learn about how to deal with life," Neki said. She said that the program helped build a nonexistent self-esteem and forced her to reexamine her thoughts and values.
The Committee on Public Safety and Military Affairs heard HB3426 this morning, a measure, introduced by Rep. Karen Awana, D-24 (Nanakuli, Maile), that would appropriate funds to establish a cognitive restructuring program for Native Hawaiians. The program would combine strategies that help inmates get back in touch with their cultural values, and formal cognitive restructuring and transitional practices. In order to reintegrate offenders and reduce recidivism, the program aims to restructure thought processes and teach cognitive skills that would help with basic decision-making and problem-solving.
The bill passed with amendments that will change its language by reflecting a pilot program. Read Testimonies.
Kung Hee Fat Choy!
Happy Chinese New Year from the House Majority. On the floor today, members received a gift of steamed gau wrapped in red paper for good luck from the "Chinese Caucus" - Representatives Ching, Chang, Chong and Say.
Easter Baskets for IHS
Every year, the Women's Legislative Caucus organizes an Easter basket project for the clients of the Institute for Human Services. Today, they put out the call to consider putting together a basket for needy families. Easter is early this year, March 23rd, so now is the time to start thinking about and collecting goodies for your basket. Personal hygiene items, toiletries, and small, non-perishable food items are most welcomed. More information is forthcoming on when baskets should be completed, suggestions on what to fill them with, and where to bring them.
Bills on interest for FRIDAY, FEB. 8th
Committee on Health/ Committee on Human Services & Housing, Room 329, 8:00 a.m.
HB2680 RELATING TO FOOD. Bans the use of the artificial sweetener aspartame in food products. (Carroll)
HB3010 RELATING TO VACCINES. Ensures an informed consent prior to the administration of a vaccine containing any amount of mercury through the provision of written material containing information about the possible effects of the use of such vaccines. (Waters)
DECISION MAKING ONLY ON HB2675 MEDICAL MARIJUANA.
Committee on Water, Land, Ocean Resources & Hawaiian Affairs, Room 312, 8:30 a.m.
HB2687 RELATING TO AQUATIC RESOURCES. Fishing rights and regulations. Requires the Department of Land and Natural Resources to : review each rule adopted after 01/1/08, concerning the protection and propagation of certain aquatic life or the conservation and allocation of the natural supply of aquatic life; determine whether the rule has achieved its intended purpose; and submit a report. (M. Oshiro)
Committee on Education, Room 309, 2:00 p.m.
HB2141 RELATING TO EDUCATION. Establishes a program to provide accurate information on human papillomavirus to parents of female sixth graders in public schools. Makes available human papillomavirus immunization to female sixth graders in public schools. (Mizuno)
HB2533 RELATING VACCINATIONS. Provides free influenza vaccinations to students statewide to reduce mortality. Requires consent forms. (Mizuno)
DECISION MAKING ONLY. HB2973 RELATING TO EARLY LEARNING.
Committee on Judiciary, Room 325, 2:00 p.m.
HB2344 PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII CONSTITUTION TO EXTEND THE MANDATORY RETIREMENT AGE BY TWO YEARS FOR STATE JUSTICES AND JUDGES. Proposes a constitutional amendment to extend the mandatory retirement ago of 70 for state justices and judges to 72. (Waters)
HB2297 RELATING TO COUNTIES. Establishes a blue ribbon committee to plan the reorganization of the city and county of Honolulu into two separate counties. (M.Oshiro)
HB2680 RELATING TO FOOD. Bans the use of the artificial sweetener aspartame in food products. (Carroll)
HB3010 RELATING TO VACCINES. Ensures an informed consent prior to the administration of a vaccine containing any amount of mercury through the provision of written material containing information about the possible effects of the use of such vaccines. (Waters)
DECISION MAKING ONLY ON HB2675 MEDICAL MARIJUANA.
Committee on Water, Land, Ocean Resources & Hawaiian Affairs, Room 312, 8:30 a.m.
HB2687 RELATING TO AQUATIC RESOURCES. Fishing rights and regulations. Requires the Department of Land and Natural Resources to : review each rule adopted after 01/1/08, concerning the protection and propagation of certain aquatic life or the conservation and allocation of the natural supply of aquatic life; determine whether the rule has achieved its intended purpose; and submit a report. (M. Oshiro)
Committee on Education, Room 309, 2:00 p.m.
HB2141 RELATING TO EDUCATION. Establishes a program to provide accurate information on human papillomavirus to parents of female sixth graders in public schools. Makes available human papillomavirus immunization to female sixth graders in public schools. (Mizuno)
HB2533 RELATING VACCINATIONS. Provides free influenza vaccinations to students statewide to reduce mortality. Requires consent forms. (Mizuno)
DECISION MAKING ONLY. HB2973 RELATING TO EARLY LEARNING.
Committee on Judiciary, Room 325, 2:00 p.m.
HB2344 PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII CONSTITUTION TO EXTEND THE MANDATORY RETIREMENT AGE BY TWO YEARS FOR STATE JUSTICES AND JUDGES. Proposes a constitutional amendment to extend the mandatory retirement ago of 70 for state justices and judges to 72. (Waters)
HB2297 RELATING TO COUNTIES. Establishes a blue ribbon committee to plan the reorganization of the city and county of Honolulu into two separate counties. (M.Oshiro)
Wednesday, February 6, 2008
Thursday, Feb. 7th is "Triple Referral" deadline
Thursday, February 7th is an internal House deadline for triple referral bills. Those are bills that have been referred to be reviewed by three different House committees. Triple referral bills must be filed for Second Reading by this date or else they "die".
Creativity academy bill passes out of education
Supporters of a HB2587, introduced by Rep. Ryan I. Yamane, D-37 (Waipahu, Mililani),want to ignite the interests of Hawaii middle and high school students in core science, technology, engineering and mathematics studies through the integration of creative arts and media.
The bill states:
House Committees on Education and Higher Education passed the measure this afternoon, but mentioned concerns about DBEDT expending the appropriated funds and issues with No Child Left Behind.
The bill will be referred to the Committee on Finance.
The bill states:
"...the creativity academies will infuse science, technology, engineering, and mathematics course curriculum with animation, game development, digital media, and creative publishing projects, blending art and science into a comprehensive lesson plan."
Studies reveal that interest in math and science sharply declines after the 6th grade among Hawaii students. The bill aims to create a practical bridge between the arts and the sciences in an effort to prepare students for a growing science-and technology-driven economy.
Appropriated monies would fund the development of the program and its curriculum, after-school programs, and teacher training program activities.
The Department of Business, Economic Development and Tourism, which is in partnership with the Department of Education to create the academies, projected $1,629,474 for the development of the program.House Committees on Education and Higher Education passed the measure this afternoon, but mentioned concerns about DBEDT expending the appropriated funds and issues with No Child Left Behind.
The bill will be referred to the Committee on Finance.
Bills of interest for Thursday, February 7th
Committee on Human Services & Housing/Committee on Labor & Public Employment, Room 329, 8:30 a.m.
HB2765 RELATING TO CRIME. Enables prosecution of human trafficking under Hawaii law by creating new offense of sexual exploitation of a minor, amending existing kidnapping, extortion, and prostitution offenses, and including sexual exploitation of a minor in definition of racketeering. (Lee)
Committee on Public Safety & Military Affairs, Room 309, 8:45 a.m.
HB2685 RELATING TO PUBLIC SAFETY. Directs the Department of Public Safety and the Office of Planning to plan and design the construction and operation of a new minimum security facility at the site of the existing Oahu Community Correctional facility. (M. Oshiro)
Committee on Economic Development & Business Concerns, Room 325, 9:00 a.m.
HB2784 RELATING TO SHOPPING CARTS. Allows abandoned shopping carts to be confiscated by the refuse division of any county with a population greater than 500,000; allows the county to impose a $50 pickup fee or a $100 recycling fee. (Cabanilla)
Committee on Human Services & Housing, Room 329, 9:15 a.m.
HB3372 RELATING TO SERIOUS OFFENSES COMMITTED BY MINORS. Permits family court to commit a minor who commits an act that constitutes sexual assault or murder, to be incarcerated at a youth correctional facility until age 18 then transferred to the custody of the Director of Public Safety until age 26. (Waters)
Committee on Judiciary, Room 325, 5:30 p.m.
HB3355 RELATING TO ELECTRIC GUNS. Permits the investigators of the county liquor authorities to possess electric guns. (Nakasone)
HB3377 RELATING TO HIGHWAY SAFETY. Requires installation of ignition interlock device on the vehicle of a person arrested for driving under the influence that prevents the person from starting or operating a motor vehicle with more than a minimal alcohol concentration while their case in pending and while their license is revoked pursuant to chapter 291E, HRS. (Har)
HB3294 RELATING TO A CONSTITUTIONAL CONVENTION. Provides that if voters in the 2008 general election approve a constitutional convention, there shall be a special election for 102 delegates to be held in August 2009; the constitutional convention will convene on September 1, 2009; constitutional amendments proposed by the convention will be submitted for ratification by the voters in the 2010 general election. (Belatti)
HB2765 RELATING TO CRIME. Enables prosecution of human trafficking under Hawaii law by creating new offense of sexual exploitation of a minor, amending existing kidnapping, extortion, and prostitution offenses, and including sexual exploitation of a minor in definition of racketeering. (Lee)
Committee on Public Safety & Military Affairs, Room 309, 8:45 a.m.
HB2685 RELATING TO PUBLIC SAFETY. Directs the Department of Public Safety and the Office of Planning to plan and design the construction and operation of a new minimum security facility at the site of the existing Oahu Community Correctional facility. (M. Oshiro)
Committee on Economic Development & Business Concerns, Room 325, 9:00 a.m.
HB2784 RELATING TO SHOPPING CARTS. Allows abandoned shopping carts to be confiscated by the refuse division of any county with a population greater than 500,000; allows the county to impose a $50 pickup fee or a $100 recycling fee. (Cabanilla)
Committee on Human Services & Housing, Room 329, 9:15 a.m.
HB3372 RELATING TO SERIOUS OFFENSES COMMITTED BY MINORS. Permits family court to commit a minor who commits an act that constitutes sexual assault or murder, to be incarcerated at a youth correctional facility until age 18 then transferred to the custody of the Director of Public Safety until age 26. (Waters)
Committee on Judiciary, Room 325, 5:30 p.m.
HB3355 RELATING TO ELECTRIC GUNS. Permits the investigators of the county liquor authorities to possess electric guns. (Nakasone)
HB3377 RELATING TO HIGHWAY SAFETY. Requires installation of ignition interlock device on the vehicle of a person arrested for driving under the influence that prevents the person from starting or operating a motor vehicle with more than a minimal alcohol concentration while their case in pending and while their license is revoked pursuant to chapter 291E, HRS. (Har)
HB3294 RELATING TO A CONSTITUTIONAL CONVENTION. Provides that if voters in the 2008 general election approve a constitutional convention, there shall be a special election for 102 delegates to be held in August 2009; the constitutional convention will convene on September 1, 2009; constitutional amendments proposed by the convention will be submitted for ratification by the voters in the 2010 general election. (Belatti)
Tuesday, February 5, 2008
Quick Update on Shield Law bill
Rep. Blake Oshiro, vice chair of the Judiciary Committee, offered a House Draft 1 after hearing testimony on the bill, HB2557. The HD1 included new language that addressed the question of what to do about bloggers and others who are not professional journalists, what Rep. Oshiro called a "catch-all". Those who are not professional journalists, but who meet the standard provided by the Ethics Code of the Society of Professional Journalists, would be protected under the proposed shield law. The other significant addition is that the shield would not apply when the news source agrees to waive the protection. The bill passed out of committee. It is a single referral, so it does go to a vote on the floor by the full House, but the bill does not have any more hearings in other House committees.
The Judiciary and the Prosecutor's office opposed the bill. The Attorney General appreciated the intent, but had concerns. The Honolulu Community Media Council, the SPJ Hawaii Chapter, the Screen Actors Guild and American Federation of Musicians supported the bill. Six individuals submitted testimony in support or to provide comments.
The Judiciary and the Prosecutor's office opposed the bill. The Attorney General appreciated the intent, but had concerns. The Honolulu Community Media Council, the SPJ Hawaii Chapter, the Screen Actors Guild and American Federation of Musicians supported the bill. Six individuals submitted testimony in support or to provide comments.
Committee must decide between two tech plan bills
Because of the rapid expansion of science and high tech industries in Hawaii, two similar bills have been proposed to establish a task force to develop concrete technology plans that would create a prosperous future for high tech industries as well as the economy.
Most of the testifiers at the Committee on Economic Development & Business Concerns hearing this morning for the two bills, HB2931 and HB3360, had mix feelings about the language of both bills.
Here are my notes on the views of the testifiers:
Most of the testifiers at the Committee on Economic Development & Business Concerns hearing this morning for the two bills, HB2931 and HB3360, had mix feelings about the language of both bills.
Here are my notes on the views of the testifiers:
- HB2931 would be a better vehicle for the proposal because the plan would be subject to automatic review and updated every two years.
- The task force should represent private sectors in the high tech and science industries.
- There must be a working relationship between research, government and private sectors for this type of task force to benefit Hawaii.
- An 18-member task force would be too large.
- A member should be appointed or nominated based on their vision of the plan, rather than their position or stature.
- Outside industry professionals who aren't familiar with Hawaii should not be part of the task force.
- HB2931 should be amended to include science in the task force and master plan name because technology and scientific sectors are converging.
- The committee should consider whether it is good policy to exempt the task force in HB3360 from the Sunshine Law.
The Committee on Economic Development & Business Concerns decided to wait until Thursday before making a decision on the future of the bills.
They will probably stick with one bill and address the concerns of the makeup of the task force, said Rep. Kyle T. Yamashita, committee chair.
Bills of interest for Wednesday, February 6th
Committee on Health/Committee on Human Services & Housing, Room 329, 8:00 a.m.
HB2727 RELATING TO HEALTH INSURANCE. Requires all health insurers, mutual benefit societies, and health maintenance organizations to provide mandatory coverage for all policyholders, member, subscribers, and individuals under age 21 for the diagnosis and treatment of autism spectrum disorders beginning 1/1/2009. (Waters)
HB1598 RELATING TO HEALTHCARE. Establishes agency to operate a single-payer universal healthcare insurance system. (Mizuno)
DECISION MAKING ONLY: HB2675 RELATING TO MEDICAL MARIJUANA and HB2678 RELATING TO MARIJUANA.
Committee on Transportation, Room 309, 9:00 a.m.
HB2343 RELATING TO TRAFFIC VIOLATIONS. Authorizes a $4 administrative fee on all citations for traffic code violations to be shared by the Judiciary and the Counties for the establishment and maintenance of an electronic citation system. (Waters)
Committee on Finance, Room 308, 1:30 p.m.
HB2872 RELATING TO PUBLIC LANDS. Requires the Department of Land and Natural Resources to extend the recreation-residence use leases at the Kokee and Waimea Canyon State Parks for 5 years. (Sagum)
Committee on Consumer Protection & Commerce, Room 325, 2:00 p.m.
HB1992 RELATING TO MEDICAL LIABILITY. Addresses medical malpractice insurance costs by capping non-economic damages at $250,000, establishing a limit of $3,000,000 for non-economic damages determined by the court to be catastrophic damages, and requiring that economic damages by allocated based upon proportionate percentage of negligence. (Green)
Committee on Education/Committee on Labor & Public Employment, Room 309, 2:00 p.m.
HB2480 RELATING TO TEACHERS. Provides teachers receiving satisfactory service performance evaluations with annual step increases for five years. Denies public school teachers with marginal service performance evaluations from receiving annual step increases. Excludes teachers at the top salary levels from receiving annual step increases. (Sonson)
HB2727 RELATING TO HEALTH INSURANCE. Requires all health insurers, mutual benefit societies, and health maintenance organizations to provide mandatory coverage for all policyholders, member, subscribers, and individuals under age 21 for the diagnosis and treatment of autism spectrum disorders beginning 1/1/2009. (Waters)
HB1598 RELATING TO HEALTHCARE. Establishes agency to operate a single-payer universal healthcare insurance system. (Mizuno)
DECISION MAKING ONLY: HB2675 RELATING TO MEDICAL MARIJUANA and HB2678 RELATING TO MARIJUANA.
Committee on Transportation, Room 309, 9:00 a.m.
HB2343 RELATING TO TRAFFIC VIOLATIONS. Authorizes a $4 administrative fee on all citations for traffic code violations to be shared by the Judiciary and the Counties for the establishment and maintenance of an electronic citation system. (Waters)
Committee on Finance, Room 308, 1:30 p.m.
HB2872 RELATING TO PUBLIC LANDS. Requires the Department of Land and Natural Resources to extend the recreation-residence use leases at the Kokee and Waimea Canyon State Parks for 5 years. (Sagum)
Committee on Consumer Protection & Commerce, Room 325, 2:00 p.m.
HB1992 RELATING TO MEDICAL LIABILITY. Addresses medical malpractice insurance costs by capping non-economic damages at $250,000, establishing a limit of $3,000,000 for non-economic damages determined by the court to be catastrophic damages, and requiring that economic damages by allocated based upon proportionate percentage of negligence. (Green)
Committee on Education/Committee on Labor & Public Employment, Room 309, 2:00 p.m.
HB2480 RELATING TO TEACHERS. Provides teachers receiving satisfactory service performance evaluations with annual step increases for five years. Denies public school teachers with marginal service performance evaluations from receiving annual step increases. Excludes teachers at the top salary levels from receiving annual step increases. (Sonson)
Monday, February 4, 2008
Campaign Spending bill up for hearing Tuesday
The Honolulu Star-Bulletin published this op-ed in yesterday's paper criticizing House lawmakers for introducing HB2455, a bill that clarifies the campaign spending law regarding corporate contributions. The opening paragraph of the op-ed states: "Several legislators are fast tracking a piece of legislation that would lift a $1,000 cap on the amount of money that corporations can give to legislators. House Bill 2455 would add fuel to the fire of cynicism people feel about politics."
We're not sure why the authors, Kory Payne and Jeff Mikulina, claim the House is "fast tracking" the bill; it has not received any special treatment or waivers, and it comes up for its first hearing tomorrow in the Judiciary committee. Of greater significance, however, is that the piece does not mention three important facts.
One, the House lawmakers who proposed the original legislation in 2005, Representatives Blake Oshiro and Sylvia Luke, have always said that it was not the intent of the legislature to cap the corporate contributions to $1000 in the aggregate. The Campaign Spending Commission, however, interpreted the new law differently. HB2455 is to clarify the law per the intent of the legislature, and in light of a recent ruling by the Second Circuit Court.
Two, in late 2006, the Charmaine Tavares Campaign interpreted the law in the same way as the legislature and filed suit against the Campaign Spending Commission. The Attorney General also submitted a brief on the Charmaine Tavares Campaign case and summarized:
“The fact that . . . non-candidate committees [must register] once they give or spend more than $1,000 to one or more candidates . . . ought to have absolutely no bearing on their ability to make campaign contributions to the limits specified in HRS §11-204. Nothing in the plain language of HRS §11-204 comes even close to suggesting that the Legislature intended for those limits to apply only to campaign contributions individuals make. Nothing in the plain language of the section precludes those limits from applying to contributions non-individuals like businesses make. The plain language of HRS §11-204 should be uniformly applied to all who make campaign contributions.”
Three, in May 2007, Judge Joseph Cardoza ruled in favor of the plaintiff, the Charmaine Tavares Campaign. The legislature is proposing HB2455 as a means of clarifying the intent of the law, and to reflect the court's ruling.
Thank you to the Supreme Court of Hawaii (Unofficial) blog, which was the source of much of the information above. Click here to read their entire post on the matter.
2/5/08 - An Update. The bill passed out of the Judiciary committee with a house draft 1. Barbara Uphouse Wong, Exec. Dir. of the Campaign Spending Commission, testified that the CSC has filed an appeal of the Cardoza ruling.
Proposed pilot program may already exist, violent crime witnesses could get compensation
HB 2063
A measure that could save the lives of heart attack victims has been deferred until the end of the week so that the Committee on Health can confirm that the bill would not be repeating work currently in progress on Oahu.
Lawmakers proposed legislation (HB 2063) to equip ambulances en route to hospitals with the capability to wirelessly transfer electrocardiogram (ECG) data to emergency rooms. The Department of Health would be required to establish a 2-year pilot program on Oahu. Electrocardiograms measure the electrical activity of the heart and can show signs of damage to the heart muscle as it is occurring.
A wireless transmission system in North Carolina has reportedly reduced the time for patients to receive appropriate lifesaving treatment by more than one hour compared to the national average. Cardiac patients are getting treatment in about 30 minutes from arriving to the emergency room rather than the national average of nearly two hours.
HB 3244
Witnesses and survivors of cases involving death or violent crimes, and young and elderly witnesses may be able to claim criminal injuries compensation for mental health services if HB 3244 is passed by the House Judiciary and Finance Committees.
The Committee on Health passed HB 3244 without amendments today.
Testifiers mentioned the witnesses of the terrible crimes against Cyrus Belt and Janel Tupuola, and noted that although this tragic event greatly affected them emotionally, they would not be able to receive compensation for mental health services. Some witnesses may have access to services through their health plans, but other may not have the access or the means of paying for such services.
Lawmakers proposed legislation (HB 2063) to equip ambulances en route to hospitals with the capability to wirelessly transfer electrocardiogram (ECG) data to emergency rooms. The Department of Health would be required to establish a 2-year pilot program on Oahu. Electrocardiograms measure the electrical activity of the heart and can show signs of damage to the heart muscle as it is occurring.
A wireless transmission system in North Carolina has reportedly reduced the time for patients to receive appropriate lifesaving treatment by more than one hour compared to the national average. Cardiac patients are getting treatment in about 30 minutes from arriving to the emergency room rather than the national average of nearly two hours.
HB 3244
Witnesses and survivors of cases involving death or violent crimes, and young and elderly witnesses may be able to claim criminal injuries compensation for mental health services if HB 3244 is passed by the House Judiciary and Finance Committees.
The Committee on Health passed HB 3244 without amendments today.
Testifiers mentioned the witnesses of the terrible crimes against Cyrus Belt and Janel Tupuola, and noted that although this tragic event greatly affected them emotionally, they would not be able to receive compensation for mental health services. Some witnesses may have access to services through their health plans, but other may not have the access or the means of paying for such services.
Saturday, February 2, 2008
Bills of interest for Tuesday, February 5th
TUESDAY, FEBRUARY 5TH
Committee on Economic Development & Business Concerns/Committee on Agriculture, Room 325, 8:30 a.m.
HB2934 RELATING TO TOBACCO PRODUCTS. Prohibits use of tobacco products by minors. Requires minor to complete a tobacco use cessation program, perform community service, and his or her driver's license revoked for one year. (Wakai)
HB2615 RELATING TO HEALTH. Prohibits possession of tobacco products by any person under age 18. Requires Department of Health to adopt penalties. (Har)
HB1629 RELATING TO CORPORATION INCOME TAX. Repeals the corporate income tax. (Yamashita)
Committee on Labor & Public Employment, Room 309, 8:30 a.m.
HB2910 RELATING TO TRADE SECRETS. Invalidates trade secret protections unless fair compensation is negotiated collectively with employees involved in developing the trade secret. (M. Oshiro)
HB2930 RELATING TO THE STATE MINIMUM WAGE. Increases the state minimum wage to $8.00 beginning 7/1/2008; to $8.50 beginning 7/1/2009; and to $9.00 beginning 7/1/2010. (Caldwell)
Committee on Human Services & Housing, Room 329, 8:35 a.m.
HB2596 RELATING TO CHILDREN. Proposed HD1: Requires the Department of Human Services to investigate reports of drug use by a parent or legal custodian in the home of a child within 24 hours. Requires a parent or legal custodian to be drug free for at least 60 days prior to being allowed visitation with a child and to participate in substance abuse treatment for at least one year before being awarded full custody of a child. (Chong)
Committee on Energy & Environmental Protection, Room 312, 8:45 a.m.
HB2504 RELATING TO LIGHTING. Phases out and bans the use of lighting products with lead and high mercury content; establishes a statewide lighting efficiency standard for general purpose lights; directs the Department of Health to develop a statewide recycling program for recycling mercury-containing compact florescent bulbs. (Morita)
Committee on Human Services & Housing, Room 329, 9:00 a.m.
HB3385 RELATING TO HOUSING. Provides an expedited process for county review and decision on planning, zoning, and construction exemptions sought by a develop of an affordable rental project. Makes the provisions applicable only to a county with at lest 750,000 residents. (Say)
Committee on Higher Education, Room 309, 2:00 p.m.
HB2521 RELATING TO EDUCATION. Requires 1% of general revenues to be annually deposited into a special account for the repair and maintenance of University of Hawaii facilities. (Chang) (House Majority)
Committee on Judiciary, Room 325, 2:00 p.m.
HB2455 RELATING TO CAMPAIGN SPENDING. Clarifies limitations on corporate contributions to a noncandidate committee. Clarifies that retiring elected officials may contribute surplus funds to a political party without filing an organizational statement. (B. Oshiro)
HB2602 RELATING TO CAMPAIGN SPENDING. Doubles the amount a candidate can transfer from campaign or surplus funds to a community or charitable organization. (Caldwell)
HB3013 RELATING TO THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE. Adds a new chapter to Hawaii Revised Statutes to allow member state to determine the winner of a presidential election by "national popular vote." (Waters)
HB2557 RELATING TO EVIDENCE. Protects the disclosure of sources for journalists and newscasters. Establishes an exception. (B. Oshiro)
Committee on Economic Development & Business Concerns/Committee on Agriculture, Room 325, 8:30 a.m.
HB2934 RELATING TO TOBACCO PRODUCTS. Prohibits use of tobacco products by minors. Requires minor to complete a tobacco use cessation program, perform community service, and his or her driver's license revoked for one year. (Wakai)
HB2615 RELATING TO HEALTH. Prohibits possession of tobacco products by any person under age 18. Requires Department of Health to adopt penalties. (Har)
HB1629 RELATING TO CORPORATION INCOME TAX. Repeals the corporate income tax. (Yamashita)
Committee on Labor & Public Employment, Room 309, 8:30 a.m.
HB2910 RELATING TO TRADE SECRETS. Invalidates trade secret protections unless fair compensation is negotiated collectively with employees involved in developing the trade secret. (M. Oshiro)
HB2930 RELATING TO THE STATE MINIMUM WAGE. Increases the state minimum wage to $8.00 beginning 7/1/2008; to $8.50 beginning 7/1/2009; and to $9.00 beginning 7/1/2010. (Caldwell)
Committee on Human Services & Housing, Room 329, 8:35 a.m.
HB2596 RELATING TO CHILDREN. Proposed HD1: Requires the Department of Human Services to investigate reports of drug use by a parent or legal custodian in the home of a child within 24 hours. Requires a parent or legal custodian to be drug free for at least 60 days prior to being allowed visitation with a child and to participate in substance abuse treatment for at least one year before being awarded full custody of a child. (Chong)
Committee on Energy & Environmental Protection, Room 312, 8:45 a.m.
HB2504 RELATING TO LIGHTING. Phases out and bans the use of lighting products with lead and high mercury content; establishes a statewide lighting efficiency standard for general purpose lights; directs the Department of Health to develop a statewide recycling program for recycling mercury-containing compact florescent bulbs. (Morita)
Committee on Human Services & Housing, Room 329, 9:00 a.m.
HB3385 RELATING TO HOUSING. Provides an expedited process for county review and decision on planning, zoning, and construction exemptions sought by a develop of an affordable rental project. Makes the provisions applicable only to a county with at lest 750,000 residents. (Say)
Committee on Higher Education, Room 309, 2:00 p.m.
HB2521 RELATING TO EDUCATION. Requires 1% of general revenues to be annually deposited into a special account for the repair and maintenance of University of Hawaii facilities. (Chang) (House Majority)
Committee on Judiciary, Room 325, 2:00 p.m.
HB2455 RELATING TO CAMPAIGN SPENDING. Clarifies limitations on corporate contributions to a noncandidate committee. Clarifies that retiring elected officials may contribute surplus funds to a political party without filing an organizational statement. (B. Oshiro)
HB2602 RELATING TO CAMPAIGN SPENDING. Doubles the amount a candidate can transfer from campaign or surplus funds to a community or charitable organization. (Caldwell)
HB3013 RELATING TO THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE. Adds a new chapter to Hawaii Revised Statutes to allow member state to determine the winner of a presidential election by "national popular vote." (Waters)
HB2557 RELATING TO EVIDENCE. Protects the disclosure of sources for journalists and newscasters. Establishes an exception. (B. Oshiro)
Shield Law Bill comes up for hearing on Tuesday, Feb. 5th
Heads up - HB 2557, RELATING TO EVIDENCE, introduced by Rep. Blake Oshiro, is on the agenda for Tuesday's Judiciary Committee hearing. The hearing will be held on Tuesday, February 5th, in Room 325 of the State Capitol. Here is the hearing notice, which includes info on how to submit testimony.
Proposed HD1 available for Child Abuse bill
As a follow up to last week's briefing on domestic violence and child abuse, a new draft has been proposed by the House per Rep. Green's comments at the briefing. The bill is HB2596 RELATING TO CHILDREN, introduced by Rep. Pono Chong, and it will be up for hearing on Tuesday morning. The proposed draft is available for viewing online at the Legislature's website, www.capitol.hawaii.gov, or can be picked up in Room 406. In summary, the proposed HD1:
Requires the Department of Human Services to investigate reports of drug use by a parent or legal custodian in the home of a child within 24 hours. Requires a parent or legal custodian to be drug free for at least 60 days prior to being allowed visitation with a child and to participate in substance abuse treatment for at least one year before being awarded full custody of a child.
Friday, February 1, 2008
Bills of interest for Monday, February 4th
Committee on Water, Land, Ocean Resources & Hawaiian Affairs, Room 312, 8:30 a.m.
HB2890 RELATING TO ARCHAEOLOGISTS. Authorizes the Department of Land and Natural Resources to contract with archaeologists without regard to the procurement code. Exempts contracts between the department of land and natural resources and archaeologists from the procurement code. (Herkes)
CON-AM. HB3022 PROPOSING AMENDMENTS TO ARTICLE VII, SECTIONS 12 AND 13, OF THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO TAX INCREMENT BONDS. Proposes amendments to the Constitution of the State of Hawaii to expressly provide that the legislature may authorize the counties to issue tax increment bonds. (Har)
HB2823 RELATING TO DAM SAFETY. Establishes limitations on liability for damages for owners of dams and reservoirs. (Karamatsu)
HB3016 RELATING TO LAW ENFORCEMENT. Establishes a two-year pilot project authorizing Department of Land and Natural Resources' Conservation and Resources Enforcement Officers to use tasers while performing their duties within the Counties of Hawaii and Maui. (Carroll)
Committee on Transportation/Committee on Water, Land, Ocean Resources & Hawaiian Affairs, Room 309, 9:00 a.m.
HB3415 RELATING TO PUBLIC ROADS. Allows any person to file for a contested case hearing to determine jurisdiction over a public road and establishes the determination process. (Carroll)
Committee on Health, Room 329, 9:30 a.m.
HB2063 RELATING TO EMERGENCY MEDICAL SERVICES. Requires Department of Health to establish a 2-year pilot project on Oahu to equip paramedics to transmit electrocardiogram data in the field or in ambulances directly to a hospital's emergency room or to a cardiologist prior to a cardiac patient's arrival at an emergency room. (Mizuno)
HB2449 PROTECTING CHILDREN FROM CERTAIN TOXIC PRODUCTS. Prohibits the manufacturing, sale, or distribution of toys and child care articles containing certain toxic chemicals and requires manufacturers to use the least toxic alternatives. (Mizuno)
Committee on Health, Room 329, 10:45 a.m.
HB2426 RELATING TO CANCER TREATMENT. Requires the Department of Human Services to develop a program to provide cancer treatment to uninsured cancer patients in Hawaii. (Mizuno)
HB2890 RELATING TO ARCHAEOLOGISTS. Authorizes the Department of Land and Natural Resources to contract with archaeologists without regard to the procurement code. Exempts contracts between the department of land and natural resources and archaeologists from the procurement code. (Herkes)
CON-AM. HB3022 PROPOSING AMENDMENTS TO ARTICLE VII, SECTIONS 12 AND 13, OF THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO TAX INCREMENT BONDS. Proposes amendments to the Constitution of the State of Hawaii to expressly provide that the legislature may authorize the counties to issue tax increment bonds. (Har)
HB2823 RELATING TO DAM SAFETY. Establishes limitations on liability for damages for owners of dams and reservoirs. (Karamatsu)
HB3016 RELATING TO LAW ENFORCEMENT. Establishes a two-year pilot project authorizing Department of Land and Natural Resources' Conservation and Resources Enforcement Officers to use tasers while performing their duties within the Counties of Hawaii and Maui. (Carroll)
Committee on Transportation/Committee on Water, Land, Ocean Resources & Hawaiian Affairs, Room 309, 9:00 a.m.
HB3415 RELATING TO PUBLIC ROADS. Allows any person to file for a contested case hearing to determine jurisdiction over a public road and establishes the determination process. (Carroll)
Committee on Health, Room 329, 9:30 a.m.
HB2063 RELATING TO EMERGENCY MEDICAL SERVICES. Requires Department of Health to establish a 2-year pilot project on Oahu to equip paramedics to transmit electrocardiogram data in the field or in ambulances directly to a hospital's emergency room or to a cardiologist prior to a cardiac patient's arrival at an emergency room. (Mizuno)
HB2449 PROTECTING CHILDREN FROM CERTAIN TOXIC PRODUCTS. Prohibits the manufacturing, sale, or distribution of toys and child care articles containing certain toxic chemicals and requires manufacturers to use the least toxic alternatives. (Mizuno)
Committee on Health, Room 329, 10:45 a.m.
HB2426 RELATING TO CANCER TREATMENT. Requires the Department of Human Services to develop a program to provide cancer treatment to uninsured cancer patients in Hawaii. (Mizuno)
Results of medical marijuana bill hearing
The Committee on Health discuss important issues revealed by testifiers for and against the medical marijuana bills. From L-R: Rep. Josh Green, chair; Rep. Jon Mizuno, vice chair, Rep. Gene Ward, Rep. Joe Bertram III.The House Committee on Health has deferred two medical marijuana bills until next week Wednesday, when members will discuss and vote on them. No testimonies will be heard on that date.
Rep. Josh Green D-6 (N. Kona), committee chair, recommended that the introducers and authors, including Rep. Joe Bertram D-11 (Maui), revise the bills to focus on the issue that Hawaii patients are unable to access legal medical marijuana while visiting another county, rather than focusing on complicated measures that may interfere with federal law.
One of the measures, HB 2675, would make medical marijuana certificates from other states valid in Hawaii. The other, HB 2678, would authorize the establishment of a secure medical marijuana growing facility in Maui.
The main arguments from supporters of the bills were that patients want to abide by the laws and not buy illegal marijuana, but found it difficult without sufficient access. They noted that the medical marijuana card holders can't be prosecuted for having illegal marijuana in Hawaii.
The Star-Bulletin interviewed Keith Kamita, chief of the state Narcotics Enforcement Division, who opposes the bills, in an article in today's paper:
Although medical marijuana is legal in Hawaii, federal law makes it illegal to transport any kind of marijuana from one island to another.Keith Kamita, chief of the state Narcotics Enforcement Division, which administers the medical marijuana law, said a growing facility would violate federal law.
Also, because the bill mandates the DOH to control the facility, he said in an interview, "Now it's a state agency sanctioning marijuana. Say there's a bad batch and people die or get sick, the state would be liable for distributing a contaminated product."
Marijuana is still a Schedule 1 controlled substance, with no medical use allowed under federal law, and growers would have to obtain a research permit from the federal and state governments, he said.
To stress his point against HB 2675 that medical marijuana laws vary by state, Keith Kamita, chief of Narcotic Enforcement Division showed committee members what the difference between state legal limits of medical marijuana possession looks like with real bags of pot. Left: 24 oz, the legal limit in Oregon; Right: 3 oz, the legal limit in Hawaii.
Mentioned the Star-Bulletin article was an Allan Dougherty, 84, who has a criminal record for trying to bring his medical marijuana to Oahu from the Big Island. Here's an excerpt:
Dougherty, 84, said he comes to Honolulu at times for treatment at Tripler Army Medical Center and brought some marijuana with him on a recent trip because of pain in an injured foot.
It was seized at the airport, and six months later Hawaii County prosecutors charged him with transporting a detrimental drug, he said. He received a six-month suspended sentence and is on probation, he said.
He said the law restricts use of marijuana to a person's own house. "You can't take it or get it any place. I certainly hope that will be corrected so we can get our medical marijuana without all this hassle."
He said county prosecutors and the police "ignore marijuana as a medicine. They consider it to be a detrimental drug. That is a bad misnomer."
The discussion on medical marijuana lasted over an hour and a lot of good points were made. It seems highly unlikely that the two bills above will be passed in its current form; however, on Wednesday we will see if new language changes will push the issue forward for more discussion.
Happy Birthday to Speaker Say
Don't forget to wish Speaker Calvin Say a Happy Birthday today! He celebrated this year with a lei-adorned cake after session with the members of the House.
Wishing you a very Happy Birthday, Speaker Say!
Important Agricultural Lands
One of the most important issues for the future of land use in Hawaii is the state's planning for and implementation of the Important Agricultural Lands (IAL) process. As a complex and long-standing issue, it is not one that is likely to generate headlines. But, for those invested in the preservation and protection of land and resources, it's a hot topic. Today, the Water, Land, Ocean Resources & Hawaiian Affairs Committee and the Agriculture Committee convened to address a long agenda of bills devoted to IAL and land use.
The bill that generated the most dialog was HB2808 RELATING TO IMPORTANT AGRICULTURAL LANDS. Introduced by Ag Chair Clift Tsuji, the bill provides incentives and protections to establish and sustain agricultural operations on IAL lands. Those incentives include excluding rental income from agricultural leases on IAL lands from gross income, IAL tax credits, building residential housing on IAL lands for farmers, employees and families, income tax credits, and agricultural loans.
The section of the bill that generated the most debate relates to an amendment to Section 174C-2 Hawaii Revised Statutes, which is a section covering the State Water Code and the policy of the State Water Commission. The bill adds the following language to the section:
The bill that generated the most dialog was HB2808 RELATING TO IMPORTANT AGRICULTURAL LANDS. Introduced by Ag Chair Clift Tsuji, the bill provides incentives and protections to establish and sustain agricultural operations on IAL lands. Those incentives include excluding rental income from agricultural leases on IAL lands from gross income, IAL tax credits, building residential housing on IAL lands for farmers, employees and families, income tax credits, and agricultural loans.
The section of the bill that generated the most debate relates to an amendment to Section 174C-2 Hawaii Revised Statutes, which is a section covering the State Water Code and the policy of the State Water Commission. The bill adds the following language to the section:
(d) The public trust doctrine shall guide the actions of the commission. In the planning and allocation of water resources, to the extent feasible, the commission shall recognize the public trust purposes of resource protection, domestic uses, upholding the exercise of native Hawaiian traditional and customary rights, and the conservation and protection of agricultural activity on important agricultural lands under part III of chapter 205.There was significant opposition to amending the public trust doctrine. Several testifiers emphasized that while they support farming and the availability of agricultural water, there was no evidence that the water code needed to be changed for this purpose or that agricultural users have been denied water under the code. The protection of the doctrine was paramount.
In 1978, voters of the state approved Article XI, Section 3 of the State Consitution, which outlined the state's policy to preserve productive agricultural lands in Hawaii. In 2005, the Legislature passed HB1640,CD1, or Act 183, which set forth the plans to identify important agricultural lands and to provide for agricultural incentives to retain the viability of ag lands for the long-term. The bills heard today specify the types of incentives and the mechanisms to implement them.
The joint committee has deferred decision making to next week.
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