This publication contains brief descriptions of all bills passed by the Hawaii State Legislature during the Regular Session of 2003. We have included such data as the bill number, title, introducer, description, committee reports, current status, and sections of the Hawaii Revised Statutes affected by the bill. This publication reflects data recorded up to and including May 1, 2003, which is the date that the Legislature adjourned sine die. For your information, under Article III, Section 16 of the Hawaii State Constitution, the governor has 45 days after adjournment sine die (not counting Saturdays, Sundays, and holidays), to consider bills for approval.

The Legislative Reference Bureau discourages the use of these descriptions of bills as a substitute for the bills passed by the Legislature. These descriptions are meant to be handy reference tools, not substitutes for the text. Copies of bills may be obtained at the various locations mentioned in this report.

This publication has been created by the Legislative Reference Bureau — Systems Office. Information on the approval of bills, their effective dates, subjects of bills passed, laws affected by bills passed, or any questions covering the data shown may be directed to Dwight Kagawa or Lori Lee Ohta. They are located at the State Capitol, Room 413 and their phone number is (808) 587-0700.

”’Ken H. Takayama is the acting director of the Legislative Reference Bureau.”’

”Senate Bills that Passed the Legislature”

*SB 0003 SD1 (SSCR 464) RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR NORTH HAWAII COMMUNITY HOSPITAL, INC.

Introduced by: Sen. Lorraine Inouye, D-Big Island, this bill authorizes the issuance of special purpose revenue bonds to assist North Hawaii Community Hospital, Inc. for retirement of outstanding debt on existing health care facilities, for retirement of outstanding debt and purchase of leases on the existing equipment, for construction of new additions to existing facilities, for acquisition and installation of additional equipment and other assets, and for renovation and repair of existing facilities. Authorizes the issuance of refunding special purpose revenue bonds to refund the special purpose revenue bonds.

*SB 0038 HD2 CD1 (CCR 74) RELATING TO THE HAWAII TOURISM AUTHORITY.

Introduced by: Sen. Donna Kim, D-Kalihi, this bill establishes that the board of directors Hawaii tourism authority shall appoint or retain by contract 1 or more attorneys who are independent of the attorney general, to provide legal services for the authority.

*SB0041 HD1 CD1 (CCR 61) RELATING TO PUBLIC CONTRACTS.

Introduced by: Sens. Donna Kim, D-Kalihi, and Willie Espero, D-Ewa, this bill amends provision relating to the powers of the Hawaii tourism authority. Provides that any contract or subcontract, including all written information acquired by the authority during the course of securing and monitoring that contract or subcontract, that is funded with public funds shall be a government record and shall be subject to disclosure in accordance with the uniform Information practices act except for any information deemed proprietary by the person providing information to the authority.

*SB 0042 SD1 HD1 (HSCR 1328) RELATING TO WATERCRAFT.

Introduced by: Sen. Cal Kawamoto, D-Waipahu, this bill establishes provision relating to emergency communication devices in ocean recreation. Provides that it shall be unlawful to operate in the waters of the State beyond 1 mile of shore, any vessel required to be registered by the State or documented by the US Coast Guard, or manual or sailed propelled vessel not required to be registered by the State or documented by the US Coast Guard unless the vessel is equipped with properly functioning fixed mount or handheld marine VHF-FM radio (156-162 MHz band) or emergency position indicating radio beacon. Excludes canoes, thrill craft, surfboards, and paddleboards. Provides that kayaks and training sailboats shall be exempt when accompanied by at least 1 vessel that complies.

*SB 0044 SD2 HD2 CD1 (CCR 89) RELATING TO TRANSPORTATION.

Introduced by: Sens. Cal Kawamoto, D-Waipahu, Willie Espero, D-Ewa, and Brian Kanno, D-Kapolei, this bill amends provision relating to contracts for concessions; bid required, exception. Provides that a revocable permit issued by the department of transportation for use by state airports may be valid for a period not to exceed 2 years if the director of transportation determines that an extension to the term of a contract or revocable permit is necessary in light of a natural disaster or a continuation of an adverse economic condition occurring within the previous 12 months that would adversely affect the State’s ability to solicit and obtain favorable bid proposals. Amends provisions relating modification of contract terms. Provides that with respect to economic emergency relief, if a public airport concession contract has suffered a reduction of 15 per cent or more in gross receipts for a period of 60 days or more, computed on the average monthly gross receipts for 12 months immediately prior to the date relief is requested or as long as the concessionaire has been in business, whichever period is shorter, and that reduction was substantially caused by a reduction in the east bound or west bound passengers arriving during the period of time, the state official may modify the concession contract by granting rent relief by waiving guaranteed rents and collecting. Establishes provision relating to public airport concession contracts; economic emergency relief terms. Provides that all public airport concession contracts may contain economic emergency relief terms that provide that neither party to the contract shall be liable to the other for any failure, delay, or interruption in the performance of any of the terms, covenants, or conditions of the contract due to causes beyond the control of that party. Further provides that these provisions may also apply to all acts or situations that have the effect of reducing the number of passengers using the airports in the state. Provides that in case of any such reduction, failure, delay, interruption, act, or situation beyond the control of a party or not in the normal course of events that reasonably causes a reduction in eastbound or westbound passengers at a 15 per cent reduction in gross receipts, the parties shall agree to cancel the contract, return all security bonds and allow the concessionaire to do business with the State without prejudice due to such cancellation or modify the contracts terms; including, without limitation, the waiver and reduction of rental payments for a period of time. Requires the State to monthly report to the Legislature of the relief granted under these provisions.

*SB 0051 RELATING TO COMMERCIAL DRIVER’S LICENSES.

Introduced by: Sens. Cal Kawamoto, D-Waipahu, and Suzanne Chun Oakland, D-Nuuanu, this bill amends provisions relating to commercial motor vehicle driver’s license. Requires the director of transportation to establish a screening process including approval by a licensed physician to grant an intrastate waiver to persons who are not physically qualified (insulin users).

This bill was approved by the governor April 16, 2003 and is now referred to as Act 18 2003.

*SB 0058 SD1 HD2 CD1 (CCR 121) RELATING TO SCHOOL REPAIR AND MAINTENANCE.

Introduced by: Sens. Norman Sakamoto, D-Moanalua, Gary Hooser, D-Kauai, and Suzanne Chun-Oakland, D-Nuuanu, this bill establishes the Hawaii 3R’s school repair and maintenance fund as a separate fund of Hawaii 3R’s, a Hawaii non-profit organization. Provides that the Hawaii 3R’s shall expend moneys from the fund as grants to organizations or contracts with private vendors for the repair and maintenance of schools. Further provides for the appointment of a Hawaii 3R’s school maintenance and repair advisory board who shall solicit funds; establish criteria for the expenditure of funds; review grant proposals; and make recommendations for grants. Requires matching funds for every dollar of state moneys granted by the fund. Comptroller to annually report to the Legislature. Appropriation to the department of accounting and general services to provide a grant to Helping Hands Hawaii for the school repair and maintenance fund which shall be transferred to Hawaii 3R’s upon determination that Hawaii 3R’s is a nonprofit corporation. Appropriation to the department for a position to coordinate the public and private efforts to repair and maintain public schools provided that the coordinator serves at the pleasure of the comptroller and be exempt from civil service laws. — Provides that upon the determination that Hawaii 3R’s is a qualified nonprofit organization Act 309, session laws of 2001, is amended by repealing the Hawaii school repair and maintenance fund under Helping Hands Hawaii and transfers moneys in the fund to the Hawaii 3R’s fund.

*SB 0069 SD1 HD1 (HSCR 1265) RELATING TO THE TEACHER EDUCATION COORDINATING COMMITTEE.

Introduced by Sen. Norman Sakamoto, D-Moanalua, this bill amends provisions relating to the teacher education coordinating committee to include a representative of the Hawaii teacher standards board.

*SB 0078 SD2 HD1 (HSCR 1502) RELATING TO ELDER ABUSE.

Introduced by Sens. Roz Baker, D-Maui, Carol Fukunaga, D-Makiki, Suzanne Chun Oakland, D-Nuuanu, and Les Ihara, D-Kaimuki, this bill establishes provision relating to civil penalties and remedies within the department of human services for dependent elder abuse. Authorizes the attorney general to bring civil action against any caregiver who commits abuse of a dependent elder, to prevent, restrain, or remedy such conduct. Provides that any caregiver against whom a civil judgment is entered on a complaint alleging that the caregiver committed abuse against a dependent elder shall be subject to a civil penalty for each day the abuse occurred and the costs of the investigation. Defines abuse to mean actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment. Defines neglect to mean the reckless disregard for the health, safety, or welfare of a dependent elder that results in injury, loss, or damage, including failure assist in personal hygiene or in the provisions of necessary food, shelter, or clothing; failure to provide or arrange for necessary psychological, physical, or health care; failure to protect from known health or safety hazards; and failure to protect against known acts of abuse by 3rd parties.

*SB 0088 SD1 HD1 (HSCR 1428) RELATING TO MOTOR VEHICLES OWNED BY MILITARY PERSONNEL.

Introduced by Sens. Cal Kawamoto, D-Waipahu, and Willie Espero, D-Ewa, this bill amends provision relating to removal; member of armed forces. Provides that a member of the armed forces of the US under contract with an out of state dealer or financial institution identified as lien holder of record on a vehicle registration or vehicle title may remove the vehicle from the State without the consent of the seller.

*SB0205 SD3 HD2 CD1 (CCR 77) RELATING TO EMPLOYMENT.

Introduced by Sen. Colleen Hanabusa, D-Waianae, this bill establishes provision relating to paid leave; education of children. Provides that employees shall be eligible for at least 2 hours of paid leave during normal business hours to attend either a mutually scheduled parent teacher conference for the employee’s minor child attending a public or private school in grades kindergarten through 12 or a mutually scheduled parent caregiver conference for the employee’s preschool aged child attending a licensed group child care center. Establishes provisions. Provides that the employee shall take no more than 2 mutually scheduled conferences, per child, in a single calendar year.

*SB 0209 SD3 HD1 CD1 (CCR 126) RELATING TO PUBLIC EMPLOYMENT.

Introduced by Sen. Colleen Hanabusa, D-Waianae, this bill sets an appropriation to the department of education for the conversion of 10 month certificated positions to 12-month positions, as needed, for multi track schools.

*SB 0254 SD2 HD1 CD1 (CCR 93) RELATING TO AGRICULTURE.

Introduced by Sen. Colleen Hanabusa, D-Waianae, this bill amends Act 259, session laws of 2001, relating to the state budget, as amended by Act 3, 3rd special session of 2001, and by Act 177 session laws of 2002, by amending item A — 4C of AGR 141 in section 91 for fiscal year 2002-2003 to include appurtenant works.

*SB 0255 SD2 HD1 CD1 (CCR 71) RELATING TO AGRICULTURE.

Introduced by Sen. Colleen Hanabusa, D-Waianae, this bill establishes provision relating to private restrictions on agricultural uses and activities; not allowed. Provides that agricultural uses and activities on lands classified as agricultural, shall not be restricted by any private agreement contained in any deed, lease, agreement of sale, or other conveyance of land recorded in the bureau of conveyances after the effective date, that subject such agricultural lands to any servitude, including but not limited to covenants, easements, or equitable and reciprocal negative servitudes. Provides that any such private restriction limiting or prohibiting agricultural use or activity shall be voidable subject to special restrictions enacted by the county ordinance by the person who is occupying and using the land classified as agricultural, except that restrictions taken to protect environmental or cultural resources shall not be void or voidable.

*SB 0295 SD1 HD1 CD1 (CCR 51) RELATING TO MOTOR VEHICLE TOWING.

Introduced by Sen. Willie Espero, D-Ewa, this bill establishes provisions relating to the regulation of towing operations. Authorizes the counties to enact and enforce ordinances regulating towing operations.

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