More bills survive conference

Today was the deadline for non-fiscal bills to pass out of conference. The bills will go into final reading on both chamber floors for one last vote and if enough support is garnered for the measures, they will be sent to the Governor for review. The Governor can sign the bills and enact them into law, not sign them and the bills become law after 45 days, or veto the bills. Here are some of the measures that survived this week (date in parenthesis is when bill passed out):

Protecting Children

RELATING TO FAMILY COURT SB2054 SD2 HD2 CD1 (4/21) passed with amendments. The bill establishes criteria for the best interests of the child, to specify what factors the courts shall consider in making a custody or visitation determination concerning a minor child.

RELATING TO CHILD PROTECTION SB2730 SD2 HD2 CD1 (4/21) passed with amendments. This bill establishes a preference for placement of children needing child protective services.

RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS FOR SOCIAL SERVICES PROGRAMS SB3051 SD2 HD1 (4/24) passed with amendments. This bill authorizes the Department of Human Services or its designee to conduct criminal history record checks for those providing services to vulnerable adults and children.

Crime

RELATING TO CRIME SB2212 SD1 HD2 (4/21) passed with amendments. This bill defines "labor" and "service" in the context of extortion promoting prostitution and eliminates distinction between minors under 18 and minors under 16 for purposes of promoting prostitution.

RELATING TO PSEUDOEPHEDRINE SALES SB2373 SD1 HD2 (4/24) passed with amendments. This bill requires pharmacies and retailers to maintain an electronic log of sales of pseudoephedrine and related products and transmit the information to the Department of Public Safety Narcotics Enforcement Division on a monthly basis.

RELATING TO PROSTITUTION HB3002 HD1 SD1 (4/24) passed with amendments. This bill creates a new offense of habitual solicitation of prostitution, a class C felony, if the person pays, agrees to pay, or offers to pay a fee to another person to engage in sexual conduct, and has two or more specified prior offenses related to prostitution within ten years of the instant offense. Sunset 6/30/2010.

RELATING TO HAWAII PENAL CODE HB3383 SD1 (4/24) passed with amendments. This bill requires that multiple terms of imprisonment to run concurrently unless the court orders or the law mandates that the terms run consecutively. Prospective application from 1/1/09.

RELATING TO MENTAL HEALTH SB2396 SD1 HD3 (4/24) passed with amendments. This bill requires the Department of Health to submit an annual report on forensic patients; requires yearly court status hearings for individuals ordered to be conditionally released or hospitalized as an inpatient by the mental health court; reduces the minimum length of hospitalization from ninety to thirty days for individuals who are recommitted after conditional release; makes appropriation for mental health court operations.

RELATING TO ENDANGERING THE WELFARE OF A MINOR (4/21) HB2346 HD2 SD2 CD1 (4/21) passed with amendments. This bill expands the crimes of endangering the welfare of a minor in the first and second degrees to include situations in which an adult causes or permits a minor to inject, ingest, or inhale certain controlled substances that were not prescribed for the minor by a physician.

RELATING TO ANIMAL HOARDING SB3203 SD1 HD1 (4/24) passed with amendments. This bill makes it a misdemeanor to hoard pet animals and establishes elements of the offense.

RELATING TO HARASSMENT SB2456 SD2 HD1 CD1 (4/24) passed with amendments. This bill creates a new misdemeanor offense of harassment by impersonation.

Prison and Public Safety

RELATING TO PUBLIC SAFETY SB2341 SD1 HD1 (4/23) passed with amendments. This bill requires out-of-state detention facilities holding Hawaii prisoners under a contract with the State to make public information about the operation of the prison.

Business

RELATING TO INSURANCE SB3023 SD2 HD2 CD1 (4/21) passed with amendments. This bill authorizes the creation and regulation of special purpose financial captive insurance companies (SPFCIC), establishes confidentiality provisions applicable to captives, including SPFCICs. The bill also provides clarity on sponsored captive insurance companies.

REALATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY SB3166 HD1 CD1 (4/22) passed with amendments. This bill requires at least two members of the Hawaii Community Development Authority to represent small businesses and allows them to vote on matters concerning small business; directs the Governor to initially designate the small business representatives from among the current members of HCDA.


Agriculture

RELATING TO PUBLIC UTILITIES HB2550 HD2 SD2 (4/24) passed with amendments. This bill requires the public utilities commission to ensure that a percentage of the total rated generating capacity produced by eligible customer-generators be reserved for electricity produced by eligible residential or small commercial customer-generators. It allows public utilities commission to define maximum capacity for eligible residential or small commercial customer-generators and to evaluate, on an island-by-island basis, the applicability of the generating capacity requirements and, in its discretion, exempt an island or a utility grid system from the generating capacity requirements.

RELATING TO LAND USE HB2450 HD1 SD2 CD1 (4/21) passed with amendments. This bill establishes conditions for the granting of approval of petitions for boundary amendments where lands in the petition area are contiguous or adjacent to lands in the agricultural districts. Final reading will be on Tuesday, 4/29.

RELATING TO AGRICULTURAL LOANS HB2261 HD2 SD1 (4/23) passed with the House agreeing to the Senate amendments. The bill will include farm sustainable projects in the existing agricultural loan program, and aquaculture sustainable projects in the existing aquacultural loan program.

Environment

RELATING TO INVASIVE SPECIES HB2977 HD1 SD1 (4/24) passed with amendments. This bill requires the Hawaii invasive species council to give priority to eradicating coqui frogs in the coqui frog eradication plan.

Health

RELATING TO HEALTH CARE HB2519 HD2 SD2 (4/24) passed with amendments. This bill requires the legislative reference bureau to study student loan repayment and stipend payment programs in other jurisdictions to encourage physicians and dentists to serve shortage areas. Funds are appropriated. In addition, the bill creates a temporary pilot project with the Department of Business, Economic Development, and Tourism's enterprise zone program to grant tax and other benefits similar to those in an enterprise zone to physicians and dentists who establish or maintain practices in shortage areas.

RELATING TO CANCER SURVEILLANCE SB2040 SD1 HD2 (4/21) passed with the Senate agreeing to the House amendments. This bill allows a cancer patient to be contacted directly without initial physician contact for purposes of cancer surveillance. Pre-cancerous conditions are authorized for data collection. Biological specimens may be collected to assist cancer research.

RELATING TO LONG-TERM CARE HB2062 HD1 SD2 (4/24) passed with amendments. This bill allows persons eligible to receive Medicaid funds for care at nursing home facilities to remain at home and receive home- and community-based long-term care. It requires the Department of Human Services to apply for necessary waivers and grants to allow funds to be used in that manner.

RELATING TO WOMEN'S HEALTH HB2761 HD1 SD1 (4/24) passed with amendments. This bill requires at least 6 months post-partum and interconception care for women who participate in the Hawaii QUEST health insurance program.

RELATING TO MENTAL HEALTH SB1802 HD1 (4/24) passed with amendments. This bill provides an exception to the confidentiality of mental health records and allows disclosure of diagnosis and prescription information if it is made by the person's most recent healthcare provider to a subsequent health care provider for the purpose of continued care or treatment.

RELATING TO MENTAL HEALTH SB2396 SD1 HD3 (4/24) passed with amendments This bill requires the department of health to submit an annual report on forensic patients; requires yearly court status hearings for individuals ordered to be conditionally released or hospitalized as an inpatient by the mental health court; reduces the minimum length of hospitalization from ninety to thirty days for individuals who are recommitted after conditional release; makes appropriation for mental health court operations.

Education

RELATING TO EDUCATION SB2879 SD2 HD1 (4/24) passed with amendments. This bill establishes a power of attorney for special education and establishes the process to appoint an educational representative for an adult student who lacks capacity. It clarifies the authority of a guardian of an adult student.

RELATING TO EDUCATION HB2971 HD1 SD2 (4/21) passed with the House agreeing to Senate amendments. This bill requires the Department of Education to implement recommendations of the online learning task force.

RELATING TO TEACHER LICENSURESB2080 SD2 HD2 (4/24) passed with amendments. This bill allows the Hawaii Teacher Standards Board to suspend a teacher's license when the teacher has been convicted of certain sexual offenses and to initiate proceedings to permanently revoke the teacher's license.

RELATING TO EDUCATION SB2879 SD2 HD1 (4/24) passed with amendments. This bill establishes a power of attorney for special education and establishes the process to appoint an educational representative for an adult student who lacks capacity. It clarifies the authority of a guardian of an adult student.

Veterans

RELATING TO EMPLOYMENT SECURITY SB2876 HD2 (4/24) passed with amendments. Appropriates funds for fiscal year 2007-08 in Reed Act funds for the Hawaii work force investment board and one-stop career center.

Energy

RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST INDUSTRIAL ENTERPRISES HB2661 HD2 SD2 CD1 (4/21) passed out of conference with amendments and will go to final reading on Tuesday, 4/29/2008. The bill authorizes special purpose revenue bonds to Hui Mana ‘Oma‘o for the establishment of facilities to convert renewable energy resources into electrical energy.

AUTHORIZING THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST OCEANLINX HAWAII LLC SB2034 HD2 (4/21) passed with the Senate agreeing to the House amendments. The bill authorizes the issuance of special purpose revenue bonds for planning, designing, and constructing a wave or hydrokinetic power facility on Maui.

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST SOPOGY INC., IN THE DEVELOPMENT OF RENEWABLE ENERGY ON THE ISLAND OF OAHU SB3190 HD1 (4/21) passed with the Senate agreeing to the House amendments. The bill authorizes the issuance of special purpose revenue bonds in an amount not exceeding $35,000,000 to assist Sopogy, Inc. with planning, designing, construction, equipping, and operating a solar farm power plant on Oahu to produce electricity from solar power.

Government

RELATING TO WATER RATES HB2810 HD1 SD1 CD1 (4/18) passed with amendments, authorizes the public utilities commission to establish preferential potable water rates for agricultural activities in a public utility's service area. The bill goes to final reading tomorrow.

MAKING AN EMERGENCY APPROPRIATION TO THE HAWAII PUBLIC HOUSING AUTHORITY HB3140 SD2 (4/21) passed with the House agreeing to Senate amendments. This bill appropriates emergency funds for the Hawaii public housing authority to repay the Department of Budget and Finance for a loan made to cover payroll and risk management costs for liability insurance for fiscal year 2006-2007, and to address a critical funding shortfall for operational costs of its public housing programs for fiscal year 2007-2008.

RELATING TO ELECTRONIC PERMITTING FEES HB3151 HD2 SD1 (4/23) passed with the House agreeing to the Senate amendments. This bill allows certain Department of Health environmental programs to conduct business electronically and withhold sufficient moneys to cover the cost of electronic and credit card provider services.

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS SB2808 SD2 HD1 (4/23) passed with the Senate agreeing to the House amendments. This bill clarifies that when two or more agencies have jurisdiction, the office of environmental quality control shall determine which agency has the responsibility of preparing an environmental assessment after consultation with and assistance from the affected state or county agencies. It also makes clarifications to the rulemaking powers of the environmental council.