Senator Maile Shimabukuro’s Bill List 2015 (2/4/15)

Sen. Shimabukuro

Senator Shimabukuro

AGRICULTURE

SB774 / HB509 – Classification of Agricultural Lands; Taro Lands: Creates a classification of agricultural public lands entitled “taro lands”. Appropriates funds to the board of land and natural resources to create an inventory of lands classified as taro lands.

SB775 / HB1427 – Temporary Shelters; Agricultural Land: Permits temporary shelters on lands in the agricultural district.

COMMERCE AND CONSUMER PROTECTION

SB776 / HB1266 – Insurance; First Party Claims; Prompt Payment; Unfair Claim Settlement Practices; Makes an insurer’s failure to pay a claimant, in a first party insurance claim, an amount the insurer deems fair within thirty days of a demand for payment of the claim an unfair claim settlement practice.

SB772 – Public Utilities Commission; Disclosure Requirements: Requires utilities seeking to hire a public utilities commission employee or recent employee to file a notice of contact. Requires that commissioners’ financial disclosure statements be posted on the commission website.

SB784 – Public Agency Meetings; Notice Requirements; Persons with Disabilities; Accommodations: Requires public notices to provide information, including a point of contact, explaining how to request an accommodation in order to participate at the public meeting. Requires notices that are posted electronically to conform to the applicable provisions under the Rehabilitation Act of 1973.

SB994 / HB380 – HPIA; Mandatory Issuance of Policies; Removal of Moratorium: Requires member insurers of HPIA to offer a minimum number of policies proportionate to their market share on properties that are situated in the areas designated for coverage by the insurance commissioner and that have been previously and continuously insured since 06/01/2014. Prohibits HPIA from issuing or continuing a moratorium on issuing policies on those same properties.

SB1193 / HB370 – HPIA; Policy Renewals; Continued Coverage: Requires member insurers of HPIA to renew policies that were in effect as of 1/1/2014. Provides for continued coverage under an existing HPIA policy upon a transfer in ownership of the property.

ENERGY AND ENVIRONMENT

SB1325 – Waste Disposal; Contracts; Payments: Requires that all contracts between private entities that include disposal of waste or solid waste include a requirement of proof that the waste was received and disposed of at a licensed facility before payment is made for those contractual services.

SB1323 – Biogas; Renewable Gas Portfolio Standards: Requires the public utilities commission to direct public utilities that supply gas to the public to acquire biogas generated from nonfossil fuel sources. Establishes renewable gas portfolio standards for public utilities that sell biogas in the State.

SB777 – Public Utilities Commission: Requires the public utilities commission to hold a public hearing prior to issuing an order relating to electric transmission lines in residential neighborhoods, electricity rate cases, and mergers involving electrical utilities.

HAWAIIAN AFFAIRS

SB778 – Hawaiian Language Immersion Program; Student Assessments: Requires and appropriates funds for the department of education to establish procedures to develop an assessment of established statewide performance standards for students in the kaiapuni program. Requires reports to the legislature.

SB786 / HB1380 – Aha Moku Advisory Committee: Appropriates funds for the administration and operation of the aha moku advisory committee and for community outreach.

SB1191 – Aha Moku Advisory Committee: Provides that the aha moku advisory committee shall appoint a chair and vice-chair. Permits the committee to hire an executive assistant in lieu of an executive director. Enumerates duties for the positions established.

HEALTH

SB768 / HB864 – In Vitro Fertilization Procedure Coverage; Infertility Disability: Provides insurance coverage equality for women who are diagnosed with infertility by making available to them expanded treatment options, ensuring adequate and affordable health care services.

SB990 – Weed Whacker; Noise Regulations; Additional Restrictions: Makes it unlawful for any non-government entity or agent thereof to operate a weed whacker in or within one hundred feet of a residential zone, except between 8:00 a.m. and 6:00 p.m. on most days. Defines weed whacker.

SB787 – Health Insurance; Infertility Procedure Coverage; Auditor: Appropriates funds to the auditor to conduct a study on the effects of requiring insurers to cover infertility procedures.

SB789 / HB672 – In Vitro Fertilization Procedure Coverage; Infertility Disability: Provides insurance coverage equality for women who are diagnosed with infertility by making available to them expanded treatment options, ensuring adequate and affordable health care services.

SB781 / HB673 – Embryo, Oocyte, and Sperm Cryopreservation; Insurance: Requires insurance coverage for embryo, oocyte, and sperm cryopreservation procedures to preserve the fertility of adults diagnosed with cancer who have not yet started cancer treatment.

EDUCATION

SB991 / HB258 – University of Hawaii; College of Education: Requests the auditor to examine the University of Hawaii at Manoa college of education’s management of Ho`okulaiwi and its other programs that have ended within the last five fiscal years and submit a written report to the legislature prior to the convening of the regular session of 2016.

SB387 / HB451 – Affirmative Consent; University of Hawaii System: Requires the University of Hawaii system to establish and enforce an affirmative consent standard for all policies and protocols relating to sexual assault, domestic violence, dating violence, and stalking as a condition of receiving state funds for student assistance.

SB1195 / HB811 – UH Hawaii Educational Policy Center: Appropriates moneys for two full- time equivalent graduate assistant positions at the Hawaii educational policy center at UH.

HOUSING

SB763 / HB1265 – Mobile Home Parks; Low-income; Alternative Housing: Requires and appropriates funds for the department of land and natural resources, in consultation with the department of human services, to establish mobile home parks throughout the State for individuals whose family income is no more than 250 per cent of the federal poverty level. Allows private sector to develop mobile home parks.

SB785 / HB1379 – Affordable Housing Credit; Hawaiian Home Lands: Makes permanent Act 141, Session Laws of Hawaii 2009, which requires the counties to issue affordable housing credits to DHHL.    Makes permanent Act 98, Session Laws of Hawaii 2012, which requires the counties to issue affordable housing credits for each residential unit developed by DHHL. Allows credits to be issued for rental units developed by DHHL on a two-credit per one-unit basis and to satisfy affordable housing obligations imposed by the counties, regardless of the date of enactment thereof.

SB1192 / HB371 – Foreclosures; Asset: Prohibits a mortgage creditor from executing on any asset of the debtor beyond the asset that is secured by the mortgage.

SB392 – Women’s Legislative Caucus Package; Income Tax Credit: Amends income tax credit for low-income household renters to adjust for inflation. Applies to taxable years beginning after 12/31/2015.

HUMAN SERVICES

SB1327 / HB1239 – Compacts of Free Association; Health Care: Requires the State to pay costs assessed on low-income Compacts of Free Association residents and other lawfully present legal permanent residents who receive health care through the Hawaii Health Connector and would otherwise be eligible for Medicaid except for their citizenship status. Requires the Department of Human Services to engage in community outreach.

SB992 – Native Hawaiians; Child Welfare Act; Child Custody: Creates the Native Hawaiian Welfare Act establishing the na kupuna tribunal which is granted exclusive jurisdiction over child custody proceedings involving Native Hawaiian children. Establishes a one-year pilot project prior to full implementation of the Act.

JUDICIARY

SB764 / HB309 – Instructions to Jury: Allows the court to instruct the jury that the jury shall consider the prosecution’s  failure to disclose information or materials as required by the Hawaii rules of penal procedure as relevant in its deliberations to determine whether or not there is reasonable doubt.

SB779 / HB1157 – District Courts; Civil Actions: Raises the district courts’ jurisdictional limit for civil actions involving specific performance.

SB1194 / HB567 – State Ethics Commission; Online Access: Requires the electronic filing of lobbyist disclosure statements. Requires that the filed statements be posted online.

LABOR

SB766 / HB215 – Workers’ Compensation; Independent Medical Examination: Requires that a physician selected and paid for by an employer to conduct a medical examination for workers’ compensation purposes shall be actively treating at least ten patients in a one-month period; be actively treating at least 50 per cent of the physician’s total patient load in a one-month period; and possess medical malpractice insurance. Defines “actively treating.”

SB780 / HB35 – Taxation; Employee Benefits; Deduction: Limits the amount that an employer may deduct for benefits provided to an employee to 50 times the State’s median household income.

SB1324 / HB1370 – Employees’ Retirement System Benefits; Direct Payment to Former Spouse; Divorce: Provides statutory authority for the employees’ retirement system administrator to make direct payment to a former spouse of a member of benefits or portion thereof pursuant to valid court judgment, order, or decree.

PUBLIC SAFETY AND MILITARY AFFAIRS

SB783 / HB1381 – Mental Health; Firearm Permit Requirements; Psychological Clearance Requirements: Specifies that an additional penalty for refusal to submit to a breath, blood, or urine test and requires the surrender of all firearms and ammunition within possession. Requires firearms permit application forms to be accompanied by an affirmation that neither the applicant nor any family or household member is or has been diagnosed with or treated for certain mental disorders and that if the applicant or family or household member is subsequently diagnosed, the applicant shall lock and secure or surrender all firearms and ammunition within 48 hours. Requires payment of a fine of $50 per day of noncompliance with the requirement to lock and secure, or surrender, firearms and ammunition within 48 hours. Specifies failure to pay child or spousal support as a good cause for revocation of a firearm permit or license.

SB771 / HB310 – Law Enforcement Search Powers; Voluntary and Informed Consent: Requires law enforcement officers and officers of justice to request and obtain a person’s voluntary and informed consent prior to conducting a search of the person, the person’s belongings, the person’s residence, or the person’s vehicle when conducting the search without a search warrant. Provides an exception for law enforcement officers or officers of justice who have probable cause to believe that a person is armed and presents a danger to the officer’s safety.

SB773 – Animal Cruelty; Slaughter or Trafficking of Pet Animals for Human Consumption: Prohibits the slaughter or trafficking of pet animals’ for human consumption. Specifies that a “pet animal” shall include all dogs and cats.

TRANSPORTATION

SB769 / HB1446 – Farrington Highway; Feasibility Study: Appropriates moneys for the director of transportation to conduct a feasibility study regarding the establishment of a fifth lane of travel on the ocean side of Farrington highway in Nanakuli from Kahe point to Mohihi street, to be used for contraflow during rush hour and requiring relocation of the existing railroad.

SB770 – Farrington Highway Realignment: Authorizes the issuance of general obligation bonds and appropriates funds for planning and construction for the realignment of Farrington highway mauka of the Makaha beach area of Oahu.

SB767 / HB646– Motor Vehicles; Reconstructed: Repeals the requirement for special inspection and certification of reconstructed vehicles prior to operation upon a public highway.

SB765 / HB216 – Uninsured Motorist; Underinsured Motorist; Prompt Claims Payment: Requires an insurer in a claim under uninsured or underinsured motorist coverage to pay to the claimant an amount the insurer deems reasonable within thirty days of a demand for payment of the claim. Requires any undisputed amount paid to a claimant to be disclosed to the arbitrator or judge and deducted from the amount of any judgment or award.

 

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