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Cumulative Bills Signed

2004 REGULAR SESSION

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Act 242 (04)
SB3193 SD2 HD2 CD1

RELATING TO CONSUMERS.
Without Signature 7/14/2004 (see statement of concerns)

Act 241 (04)
SB1611 HD2 CD1

RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.
Without Signature 7/14/2004 (see statement of concerns)

Act 240 (04)
SB420 SD1 HD1 CD1

RELATING TO STATE FINANCES.
Without Signature 7/14/2004 (see statement of concerns)

Act 239 (04)
HB2798 HD1 SD2

RELATING TO THE PRACTICE OF PHARMACY.
Without Signature 7/14/2004 (see statement of concerns)

Act 238 (04)
SB3153 SD2 HD2 CD1

MAKING AN APPROPRIATION FOR BIOREMEDIATION RESEARCH.
Without Signature 7/14/2004 (see statement of concerns)

Act 237 (04)
SB3230 SD2 HD1 CD1

RELATING TO EARLY CHILDHOOD CARE.
Without Signature 7/14/2004 (see statement of concerns)

Act 236 (04)
HB2286 HD1 SD1

RELATING TO THE HAWAII COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.
Without Signature 7/14/2004 (see statement of concerns)

Act 235 (04)
HB2181 HD2

RELATING TO HOUSING FINANCING PROGRAMS.
Without Signature 7/14/2004 (see statement of concerns)

Act 234 (04)
HB1765 HD1 SD1 CD1

RELATING TO GOVERNMENT BOARDS, COMMISSIONS, AND AGENCIES.
Without Signature 7/14/2004 (see statement of concerns)

Act 233 (04)
SB2404 SD2 HD1 CD1

MAKING AN APPROPRIATION FOR EXPENSES OF THE 2005 NATIONAL ASSOCIATION OF COUNTIES MEETING IN HONOLULU.
Without Signature 7/14/2004 (see statement of concerns)

Act 232 (04)
HB2814 HD2 SD1 CD1

RELATING TO KALAUPAPA SETTLEMENT.
Without Signature 7/14/2004 (see statement of concerns)

Act 231 (04)
HB2294

RELATING TO FEES FOR ADMINISTRATIVE COSTS IN TRAFFIC CASES.
Without Signature 7/14/2004 (see statement of concerns)

Act 230 (04)
HB2292 HD1 SD1

RELATING TO FEES FOR ELECTRONIC FILING, SIGNING, SERVING, CERTIFICATION, AND VERIFICATION OF COURT DOCUMENTS.
Without Signature 7/14/2004 (see statement of concerns)

Act 229 (04)
HB2662 HD1 SD1 CD1

RELATING TO ECONOMIC DEVELOPMENT.
Without Signature 7/14/2004 (see statement of concerns)

Act 228 (04)
HB1860 HD1 SD2 CD1

RELATING TO CHILD ABUSE AND NEGLECT.
Without Signature 7/14/2004 (see statement of concerns)

Act 227 (04)
HB1987 HD1 SD1

RELATING TO MOTOR VEHICLES.
Without Signature 7/14/2004 (see statement of concerns)

Act 226 (04)
SB2716 SD1 HD2 CD1

RELATING TO EDUCATION.
Without Signature 7/14/2004 (see statement of concerns)

Act 225 (04)
SB214 SD3 HD2 CD1

RELATING TO WORKFORCE DEVELOPMENT.
Without Signature 7/14/2004 (see statement of concerns)

Act 224 (04)
SB1238 SD2 HD2 CD1
Signed 7/13/2004

RELATING TO MENTAL HEALTH.
Establishes the rights of adults and emancipated minors to make enforceable advance mental health care directives.

Act 223 (04)
HB2009 HD1 SD1 CD1
Signed 7/13/2004

MAKING AN APPROPRIATION FOR AGRICULTURAL RESEARCH AND MARKET DEVELOPMENT.
Appropriates $500,000 to the Hawaii Farm Bureau Federation for agricultural research and market development, and appropriates $500,000 to the College of Tropical Agriculture and Human Resources at the University of Hawaii for its various research programs.

Act 222 (04)
SB2200 HD1 CD1
Signed 7/13/2004

RELATING TO EDUCATION.
Repeals administrative rulemaking requirements for the Running Start program since the Department of Education has already implemented the program consistent with Board of Education internal policies.

Act 221 (04)
HB2002 HD2 SD1 CD2
Signed 7/13/2004

RELATING TO EDUCATION.
Amends the Reinventing Education Act of 2004 by accelerating the implementation of the weighted student formula, clarifying the role of community councils and principals, and allowing charter schools to participate in the weighted student formula. Also establishes an A+ after school program revolving fund to pay the administrative expenses of this program.

Act 220 (04)
SB2063 SD2 HD2 CD1
Signed 7/13/2004

RELATING TO EDUCATION.
Establishes a special account in the Department of Education for textbook and instructional material fees collected from students who negligently break, damage, lose or destroy school instructional materials including textbooks.

Act 219 (04)
SB17 SD1 HD1 CD2
Signed 7/13/2004

RELATING TO EDUCATION.
Requires the Department of Education to develop a junior kindergarten program for students born between the months of August and December beginning with the 2006-2007 school year. Allows students to move between junior and regular kindergarten and also allows students to be promoted directly from junior kindergarten to grade one.

Act 218 (04)
HB2840 HD1 SD3 CD1
Signed 7/13/2004

RELATING TO ENHANCING ECONOMIC DIVERSITY.
Establishes the Hawaii 3Ts school technology laboratories fund to encourage the placement of computers and related equipment in Hawaii's public schools.

Act 217 (04)
HB1893 HD2 SD1
Signed 7/13/2004

RELATING TO EDUCATION.
Allows the University of Hawaii to set aside federal funds in a charitable trust to provide scholarships to students from low-income families that participate in the Gaining Early Awareness and Readiness for Undergraduate Program (GEAR UP).

Act 216 (04)
HB2136 HD1 SD1 CD1
Signed 7/13/2004

RELATING TO PROCUREMENT.
Repeals statutory exemptions in the procurement code, adopts guidelines for the debarment and suspension of government contractors, provides that procurement selection committee recommendations cannot be overturned without due cause, and allows the Attorney General to procure out-of-state legal services not available in Hawaii. (Separate news release issued.)

Act 215 (04)
HB2396 HD2 SD2 CD1
Signed 7/13/2004

RELATING TO CAPITAL INVESTMENTS.
Amends various provisions of Act 221 (01) relating to high technology investment tax credits, extends the sunset date for this Act to December 31, 2010, and establishes a State Private Investment Fund. (Separate news release issued.)

Act 214 (04)
SB2396 SD1 HD1 CD1
Signed 7/13/2004

RELATING TO THE GENERAL EXCISE TAX.
Provides a general excise tax exemption for certain non-profit organizations that receive fees for renting out display and exhibit space at conventions, conferences, and trade shows.

Act 213 (04)
HB1929 HD1 SD2 CD1
Signed 7/13/2004

RELATING TO SCHOOL REPAIR AND MAINTENANCE.
Establishes a coordinator position for the Hawaii 3Rs program within the Department of Education and transfers the Hawaii 3Rs repair and maintenance fund to the Department of Education from the Department of Accounting and General Services.

Act 212 (04)
SB473 SD1 HD3 CD1
Signed 7/12/2004

RELATING TO HALFWAY HOUSES.
Requires each county to hold public informational hearings prior to issuing a permit for the operation of a halfway house for individuals released or under supervised release from a correctional facility, a mental health treatment facility, or receiving either substance abuse or sex offender treatment.

Act 211 (04)
HB1980 HD1 SD1 CD1
Signed 7/12/2004

RELATING TO FAMILY COURT.
Permits open hearings in Family Court Child Protective Services (CPS) matters when the judge determines it is in the best interests of the child. Allows parents involved in CPS matters to bring a non-lawyer advocate to hearings if the judge deems this is beneficial to the child.

Act 210 (04)
SB2165 SD1 HD1 CD1
Signed 7/12/2004

RELATING TO CHILD ABUSE AND PROTECTION.
Conforms Hawaii's statutes to the provisions of the Federal Child Abuse Prevention and Treatment Act and the Federal Keeping Children and Families Safe Act. Requires the Department of Human Services to seek Federal grants to enhance the medical treatment of drug-addicted newborns and the appropriate treatment referrals for their families.

Act 209 (04)
SB2595 SD2 HD2 CD1
Signed 7/12/2004

RELATING TO PROFESSIONAL COUNSELORS.
Establishes the mental health counselors licensing program. Authorizes assessment against licensees to repay general funds appropriated for program implementation. The program sunsets on December 31, 2008, subject to the legislative auditor's review.

Act 208 (04)
HB2022 HD2 SD1 CD1
Signed 7/12/2004

RELATING TO GENERAL ASSISTANCE.
Clarifies that a disability can be both mental and physical for determining if a person qualifies for State general assistance benefits.

Act 207 (04)
HB2023 HD2 SD2 CD1
Signed 7/12/2004

RELATING TO ADMINISTRATIVE APPEALS.
Requires administrative appeals conducted by the Department of Human Services to be decided in a fair and impartial manner.

Act 206 (04)
HB2074 HD1 SD1 CD1
Signed 7/12/2004

RELATING TO PENALTIES OF HEALTH, ENVIRONMENTAL, AND CULTURAL PRESERVATION LAWS.
Ensures that if a small business violates certain historic preservation or environmental laws, the civil fine or penalty for the violation may not be waived or reduced.

Act 205 (04)
HB2092 HD2 SD2
Signed 7/12/2004

RELATING TO MEDICINE AND SURGERY.
Permits recognition of Canadian medical residency training as meeting the State’s licensing requirements for physicians and surgeons who want to practice in Hawaii.

Act 204 (04)
SB2529 HD1 CD1
Signed 7/10/2004

RELATING TO SECURITIES FOR THE PROTECTION OF PUBLIC FUNDS.
Authorizes the use of certificates of deposit issued through the Certificate of Deposit Account Registry Service (CDARS) to secure public funds.

Act 203 (04)
HB2749 SD1
Signed 7/10/2004

RELATING TO STATE FUNDS.
Removes the interest rate cap paid to vendors when state and county governments are late on their payments for goods and services.

Act 202 (04)
HB2301 HD1 SD1
Signed 7/10/2004

RELATING TO APPELLATE JURISDICTION.
Establishes a process, effective July 1, 2006, for appeals cases to be referred directly to the Intermediate Court of Appeals rather than the Supreme Court.

Act 201 (04)
SB3080 SD2 HD2 CD1
Signed 7/10/2004

RELATING TO TRANSPORTATION.
Allows the State Department of Transportation to modify airport concession contracts in the event of an economic emergency such as 9/11.

Act 200 (04)
SB2606 SD1 HD2 CD1
Signed 7/10/2004

RELATING TO BREWPUB LICENSES.
Allows brewpubs to sell brewery-sealed containers of beer manufactured on the premises for consumption off premises.

Act 199 (04)
SB3190 SD1 HD1
Signed 7/10/2004

RELATING TO THE PUBLIC UTILITIES COMMISSION.
Requires the Public Utilities Commission to revoke the certificates or permits of motor carriers who knowingly and willfully engage the services of a driver who does not have a commercial driver's license (CDL).

Act 198 (04)
HB680 HD2 SD1 CD1
Signed 7/10/2004

RELATING TO ETHICS.
Establishes a mandatory ethics training program for all legislators, elected members of the board of education, OHA trustees, the Governor, Lieutenant Governor, and executive department heads and deputies. Requires the State Ethics Commission to design and conduct a two-hour program of ethics training.

Act 197 (04)
HB1904 HD1 SD2 CD1
Signed 7/10/2004

RELATING TO TAXATION.
Increases the allowable income tax deduction for National Guard members and reservists over five years, beginning in taxable year 2005.

Act 196 (04)
HB2547 HD2 SD2 CD1
Signed 7/9/2004

RELATING TO THE UNIVERSITY OF HAWAII.
Permits the Board of Regents of the University of Hawaii to authorize up to three million dollars a year to promote alumni relations and to generate private donations to the University of Hawaii Foundation. Sets forth requirements for the University of Hawaii’s annual report to the Legislature, including identification of each department of the University of Hawaii that is supported by moneys from the Foundation.

Act 195 (04)
HB1848 HD1 SD1 CD1
Signed 7/9/2004

RELATING TO EXCEPTIONAL TREES.
Establishes an income tax deduction of up to $3,000 that may be claimed once every three consecutive years for persons caring for an exceptional tree on their private property.

Act 194 (04)
HB1780 HD1 SD1
Signed 7/9/2004

RELATING TO EMPLOYMENT.
Limits paid leave for government employees who attend parent-teacher conferences to two hours, and clarifies that government employees are eligible to receive paid leave to attend the parent-teacher conferences of children 18 years old or older who are attending a public or private school in grades kindergarten through twelve.

Act 193 (04)
HB2206 HD1 SD1
Signed 7/9/2004

RELATING TO CONTROLLED SUBSTANCES.
Requires manufacturers, wholesalers, and retailers to maintain records of certain precursor chemicals used to create methamphetamine. Limits the sale of some of the precursor chemicals needed to manufacture methamphetamine. Updates the Hawaii State controlled substance list to conform to Federal regulations and the current Federal controlled substances roster.

Act 192 (04)
HB2098 HD1 SD2
Signed 7/9/2004

RELATING TO MEDICAL RECORDS.
Allows the release of a deceased person's medical records to the next of kin, with limitations on the release of information for specially protected illnesses such as HIV, AIDS, mental illness, or substance abuse.

Act 191(04)
HB1991 HD1 SD1
Signed 7/9/2004

RELATING TO AUTOMATIC EXTERNAL DEFIBRILLATORS.
Provides immunity from liability for a physician who administers an automatic external defibrillator (AED) without remuneration or an AED-trained individual using an AED device. Also provides immunity for those who administer free AED programs.

Act 190(04)
HB2005 HD1 SD1 CD1
Signed 7/9/2004

RELATING TO PRESCRIPTION DRUGS.
Establishes return, credit, and re-use procedures for unused prescription drugs within health care institutions. Authorizes pharmacists to receive and redistribute previously dispensed drugs and approves the establishment of drug repositories for pre-owned medicines.

Act 189(04)
HB1839 HD2 SD2
Signed 7/9/2004

RELATING TO PAIN PATIENT'S BILL OF RIGHTS.
Gives patients suffering from severe acute pain or severe chronic pain the option to request or reject medications to relieve the pain. Allows physicians who do not want to administer pain medications to refer patients to physicians who use opiates for pain management. Authorizes the Board of Medical Examiners to establish pain management guidelines.

Act 188(04)
SB2869 SD2 HD1
Signed 7/8/2004

RELATING TO THE MAINTENANCE OF PROPERTIES WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT.
Clarifies the responsibility of the Hawaii Community Development Authority to act as an ombudsman for the proper maintenance and care of the track of land designated as the Kalaeloa Community Development District.

Act 187(04)
SB2440 SD1 HD1 CD1
Signed 7/8/2004

RELATING TO PUBLIC LANDS.
Allows 999-year homestead leases and certificates of occupation managed by the Department of Land and Natural Resources to be assigned to a parent's siblings, children of a parent's siblings, or grandchildren of a parent's siblings, by amending the definition of "family."

Act 186(04)
SB2704 HD1 CD1
Signed 7/8/2004

RELATING TO MANDATORY SELLER DISCLOSURES.
Deems a release or waiver of liability for a construction defect to be a material fact that must be disclosed in writing by a seller of residential real property.

Act 185(04)
SB2926 SD1 HD2 CD1
Signed 7/8/2004

RELATING TO THE HOUSING LOAN AND MORTGAGE PROGRAMS.
Increases the bond authorization ceiling of the Housing and Community Development Corporation of Hawaii under the Hula Mae Multi-Family Housing Program from $200,000,000 to $300,000,000 to facilitate the development or rehabilitation of affordable rental housing projects.

Act 184(04)
SB2355 SD2 HD2 CD1
Signed 7/7/2004

RELATING TO PUBLIC EMPLOYEE HEALTH BENEFITS.
Clarifies that State and County employees with a break in service of 90 calendar days or less are considered to have continuous service for the purpose of determining retiree health benefits.

Act 183(04)
SB2878 SD2 HD2 CD1
Signed 7/7/2004

RELATING TO THE FEDERAL TAX LIMIT ON COMPENSATION APPLICABLE TO THE EMPLOYEES' RETIREMENT SYSTEM.
Protects the tax qualified status enjoyed by the Employees' Retirement System by conforming State law to the Internal Revenue Code (IRC). This bill will apply the federal tax limit on pension compensation that became effective on July 1, 1996 retroactively to State law, and will protect the pre-tax treatment of employees' contributions to the Employees' Retirement System.

Act 182(04)
SB2879 SD2 HD2 CD1
Signed 7/7/2004

RELATING TO FEDERAL TAX QUALIFICATION OF THE EMPLOYEES' RETIREMENT SYSTEM.
To comply with section 401(a) of the Internal Revenue Code. Incorporates federal tax provisions relating to government pension plans into chapter 88, HRS. Authorizes the State Board of Trustees to adopt as rules the remainder of the required provisions, with expedited rulemaking authority.

Act 181(04)
SB2873 SD1 HD2 CD1
Signed 7/7/2004

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.
Establishes the employer contributions to the Employees' Retirement System at 15.75 percent of the member's compensation for police and firefighters and 13.75 percent of the member's compensation for all other employees beginning in FY 2005-2006. Eliminates the separate computation of contributions for the Early Incentive Retirement Plan.

Act 180 (04)
SB2073 SD2 HD2 CD1
Signed 7/7/2004

RELATING TO THE UNIVERSITY OF HAWAII.
Allows the University of Hawaii to implement an optional retirement system outside of the State retirement system for employees hired after July 1, 2004.

Act 179 (04)
SB779 SD2 HD2 CD1
Signed 7/7/2004

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.
Establishes a new defined benefit retirement plan that combines employee contributions with age and years of service to determine eligibility for retirement benefits.

Act 178 (04)
SB3106 SD1 HD2 CD1
Signed 7/7/2004

RELATING TO COUNTIES.
Authorizes the counties to enter into a formal agreement with the State to extend the State's deferred compensation plan to part time, temporary, and seasonal or casual (PTS) employees of the county. Authorizes the State's Department of Human Resources Development to levy fees on the counties to cover the administrative costs incurred.

Act 177 (04)
SB3018 SD2 HD1 CD1
Signed 7/7/2004

RELATING TO PENSION AND RETIREMENT SYSTEMS.
Provides that if a police officer who suffers from a service-connected disability continues public service in a job other than as a police officer, the officer's retirement allowance shall be 2-1/2% of his/her average final compensation for each year of credited service as a police officer.

Act 176 (04)
SB3175 SD2 HD2 CD1
Signed 7/7/2004

RELATING TO FEDERAL SOCIAL SECURITY FOR PUBLIC EMPLOYEES.
Extends Medicare benefits to employees of the East-West Center hired before April 1, 1986.

Act 175 (04)
SB2895 SD1 HD1
Signed 7/6/2004

RELATING TO PEST CONTROL.
Requires pest control operators to obtain and maintain continuous workers' compensation and liability insurance coverage as a condition of renewing their license.

Act 174 (04)
HB2459 HD1 SD2
Signed 7/6/2004

RELATING TO PUBLIC ASSISTANCE.
Provides that covered loss deductibles shall not include benefits paid under a public assistance program.

Act 173 (04)
SB2948 SD2 HD1 CD1
Signed 7/6/2004

RELATING TO PUBLIC HEALTH NURSING SERVICES.
Establishes the public health nursing services program and sets forth the roles and functions of the program in the delivery of direct clinical nursing services.

Act 172 (04)
SB3049 SD2 HD2 CD1
Signed 7/6/2004

RELATING TO CHARITABLE ANNUITIES.
Allows smaller local non-profit organizations to use charitable gift annuities as a method to raise funds and sets standards for these annuity funds.

Act 171 (04)
HB2363 HD1 SD2
Signed 7/6/2004

RELATING TO PUBLIC BENEFIT CORPORATIONS.
Provides the Attorney General with authority to protect the charitable assets of non-profit organizations.

Act 170 (04)
SB2246 SD1 HD1
Signed 7/6/2004

RELATING TO AGRICULTURE.
Exempts agricultural leases, utility easements, and access easements from the prohibition on private restrictions on agricultural parcels in state agricultural districts.

Act 169 (04)
SB3044 HD1
Signed 7/6/2004

RELATING TO PUBLIC PROPERTY.
Creates a misdemeanor offense for obstructing a public right of way that provides access to the sea, the shoreline, or an inland public recreational area.

Act 168(04)
SB2909 SD1 HD1 CD1
Signed 7/6/2004

RELATING TO APPLICATIONS SEEKING GENERAL RATE INCREASES FILED BY PUBLIC UTILITIES HAVING ANNUAL GROSS REVENUES OF LESS THAN $2,000,000.
Establishes simplified rate filing procedures for public utilities with annual gross revenues under $2 million.

Act 167(04)
SB2951 SD1 HD1 CD1
Signed 7/2/2004

RELATING TO RADIOLOGIC TECHNOLOGY.
The measure changes the title of the administrative officer for the Radiologic Technology Board from "executive secretary" to "executive officer,” sets up a system wherein the Board decides on violation recommendations of the executive officer; authorizes the imposition of a maximum fine of $2,000 against persons who commit certain prohibited acts; and requires the Board to adopt rules that establish a fines schedule.

Act 166(04)
SB2586 SD2 HD2 CD1
Signed 7/2/2004

RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING.
Establishes a special license for out-of-state dentists and dental hygienists to practice in federally qualified non-profit health centers serving low-income and uninsured communities for up to five years. The law sunsets on July 1, 2009.

Act 165(04)
HB2140 HD1 SD1
Signed 7/2/2004

RELATING TO MANDATORY CONTINUING EDUCATION FOR PHARMACISTS.
Requires pharmacists to complete 30 hours of continuing education every two years as a condition of license renewal.

Act 163(04)
HB2147 HD1 SD1
Signed 7/2/2004

RELATING TO THE UNIFORM COMMERCIAL CODE.
Adopts Article 7 of the Uniform Commercial Code to recognize electronic documents and to update this article to reflect prior year changes in state and federal statutes.

Act 162(04)
HB1259 HD1 SD1 CD1
Signed 7/2/2004

RELATING TO THE UNIFORM COMMERCIAL CODE.
Amends and replaces Article 1 of the Uniform Commercial Code (UCC) to update definitions and general provisions as recommended by the National Conference of Commissioners on Uniform State Laws (NCCUSL). Article I, entitled "General Provisions," covers such matters as supplemental principles of law, general definitions, gender references and the use of electronic signatures.

Act 161(04)
HB2297 HD1 SD2
Signed 7/2/2004

RELATING TO GUARDIANSHIP AND PROTECTIVE PROCEEDINGS.
Updates the Hawaii Probate Code that covers guardianships of people and property. This update permits the court to remove only those rights that the ward or incapacitated person cannot manage and requires that the guardian or conservator consult with the ward or the protected person when feasible to make decisions. This update also allows parents and spouses to appoint future "standby" guardians.

Act 160(04)
SB2936 SD2 HD1 CD1
Signed 7/1/2004

RELATING TO MEDICAL ASSISTANCE FOR PREGNANT LEGAL IMMIGRANTS.
Authorizes the DHS to provide State-funded medical assistance to certain pregnant legal immigrants who are prohibited from participating in the federally funded medical assistance program as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. These legal immigrants are Medicaid income-eligible, but ineligible for benefits during their first five years after entering the United States. The measure authorizes DHS to provide state funded medical assistance to these pregnant legal immigrants who entered the United States on or after August 22, 1996, who are age 19 or older, and whose countable family income does not exceed 185% of the federal poverty level for Hawaii.

Act 159(04)
HB2883 HD2 SD2 CD1
Signed 7/1/2004

RELATING TO WIRELESS ENHANCED 911 SERVICE.
Places a 66 cents per month surcharge on cellular phone bills to pay for an enhanced 911 system. The enhancement would allow emergency personnel to pinpoint the location of the cellular phone caller to facilitate dispatching emergency assistance.

Act 158(04)
SB2690 SD2 HD2 CD1
Signed 7/1/2004

RELATING TO EMERGENCY MEDICAL SERVICES.
Authorizes a $5 increase in the state motor vehicle annual registration fee to fund expansion of emergency medical services. Appropriates specific amounts for ambulance services to designated rural and neighbor island communities.

Act 157(04)
SB2840 SD2 HD2 CD1
Signed 6/30/2004

RELATING TO TOBACCO.
Prohibits the distribution of untaxed cigarettes via telephone, mail order, the Internet, or other on-line source. Makes it a class "C" felony to import more than 1000 cigarettes into Hawaii without the proper tax stamps affixed to the product. Also limits to $150 million the value of supersedeas bond that the tobacco companies must post to stay a judgement during an appeal.

Act 156(04)
SB2045 SD2 HD1 CD1
Signed 6/30/2004

MAKING AN APPROPRIATION TO THE HAWAII CIVIL AIR PATROL.
Appropriates $50,000 in general funds to the Hawaii Civil Air Patrol for operational expenses, to be matched dollar-for-dollar funds from the Federal Emergency Management Performance Grant Program of the State Department of Defense.

Act 155(04)
HB2703 HD1 SD2 CD1
Signed 6/30/2004

RELATING TO IMPACT FEES.
Authorizing counties with a population over 500,000 to assess impact fees and to transfer revenues to a new state special fund. This bill will allow the State to receive over $3 million that the City and County of Honolulu has collected from developers in the Ewa plains area under an existing city ordinance enacted October 1, 2002. This measure is retroactive to the October 1, 2002 date.

Act 154(04)
SB1491 SD1 HD1 CD1
Signed 6/30/2004

RELATING TO STATE GOVERNMENT.
Appropriate an additional $34,406,910 in funds for fiscal year 2005, effective July 1, 2004.

Act 153(04)
SB2930 SD2 HD1 CD1
Signed 6/29/2004

RELATING TO HOME AND COMMUNITY-BASED SERVICES.
Expands the statutory authority for the licensing of community and home-based care management agencies and the certification of community care foster family homes until June 30, 2006. Makes the Department of Human Services, or its designee, responsible for certifying community care foster homes. Requires adult protective services background checks as a requirement for certification.

Act 152(04)
SB2748 SD1 HD2 CD1
Signed 6/29/2004

RELATING TO DRUG DEMAND REDUCTION ASSESSMENTS.
Expands the offenses for which an offender must pay the drug demand reduction assessment used to fund substance abuse treatment. Requires that restitution, probation and crime victim compensation fees be paid before the assessment is levied.

Act 151(04)
HB2472 HD2 SD1 CD1
Signed 6/29/2004

RELATING TO THE SALE OF STERILE SYRINGES FOR THE PREVENTION OF DISEASE.
The measure makes the "sale of sterile syringes for the prevention of diseases" statute permanent. The program began in 2002 and was scheduled to sunset on June 30, 2004.

Act 150(04)
SB3085 SD2 HD2 CD1
Signed 6/29/2004

RELATING TO NURSES.
Gives patients access to the services of advanced practice registered nurses (APRNs) by removing the June 30, 2004 sunset date of Act 192, SLH 2002, which provides prescriptive authority for APRNs.

Act 149(04)
SB2834 SD2 HD2 CD1
Signed 6/29/2004

MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES.
Appropriates nearly $13 million for the payment of claims against the State for tax refunds, judgements, settlements, and insurance claims payments. Approximately $2.4 million of this amount will be paid out of departmental general and special funds in recognition that these departments were at least partially responsible for the liability against the State.

Act 148(04)
SB2929 SD1 HD1 CD1
Signed 6/27/2004

RELATING TO MEDICAID REIMBURSEMENT.
Changes the effective start date of the revised medicaid reimbursement methodology for long-term care services from July 1, 2003 to July 1, 2008. Eliminates the "sunset" provision of critical access hospitals to enable their special designation to continue.

Act 147(04)
HB1908 HD2 SD1 CD1
Signed 6/24/2004

RELATING TO EDUCATION.
Allows the Department of Education to set aside $100,000 in federal impact aid to establish and fund a permanant, full-time military liaison position within the Department and to fund the joint venture education program that facilities interaction between the military community and the Department of Education.

Act 146(04)
HB2013 SD2 CD1
Signed 6/24/2004

RELATING TO POLYBROMINATED DIPHENYL ETHERS.
Phases out the use of polybrominated diphenyl ethers (PBDEs), flame retardant chemicals, in the State of Hawaii by January 1, 2006.

Act 145(04)
SB3092 SD1 HD1 CD1
Signed 6/24/2004

RELATING TO SOLID WASTE MANAGEMENT.
Provides that a person who reports illegal dumping activity resulting in a conviction shall receive 50 per cent of the fines collected.

Act 144(04)
SB2782 SD1 HD1 CD1
Signed 6/23/2004

RELATING TO THE FUNDING OF A HABITAT CONSERVATION PLAN.
Allows landowners that participate in a habitat conservation plan to use a variety of financing mechanisms, such as letters of credit, insurance, or surety bonds. This is similiar to arrangements provided to landowners under the federal habitat conservation laws.

Act 143(04)
HB2375 HD1 SD1
Signed 6/23/2004

RELATING TO SOLID WASTE CONTROL.
Creates a class C felony offense punishable with a maximum fine of $50,000 for knowingly disposing of solid waste anywhere other than a permitted solid waste facility when the amount disposed of is equal to or greater than 10 cubic yards for the first time violators, and one cubic yard for repeat offenders. This bill also creates a class C felony offense when illegal dumping results in a cleanup expense which exceeds $1,500, and provides for a deferred prosecution agreement for first time offenses.

Act 142(04)
SB2968 SD1 HD1 CD1
Signed 6/23/2004

RELATING TO NATURAL RESOURCE VIOLATIONS.
Establishes a new civil natural resource violations system within the Department of Land and Natural Resources to process violations of departmental regulations. Currently, all violations must be handled through costly and time-consuming criminal court cases. This new system will provide the department with an enforcement option that will allow it to quickly and efficiently enforce minor infractions. This bill also clarifies that DLNR has enforcement authority over the Kaho`olawe Island Reserve and the protection of caves.

Act 141(04)
HB2137 HD1 SD1 CD1
Signed 6/22/2004

RELATING TO A ONE-CALL CENTER.
Establishes a one-call center administered by the Public Utilities Commission to coordinate the dissemination of information on the location of underground utilities, cable service, and pipeline facilities to potential excavators.

Act 140(04)
SB3207 SD2 HD2 CD1
Signed 6/22/2004

RELATING TO ETHANOL TAX CREDIT.
Changes the existing ethanol tax credit to link the credit to the construction of facilities and the production of this alternate fuel. Places a cap of $12 million in the aggregate for such credits and stipulates that the credit claimed cannot exceed the amount invested in the qualifying ethanol production facility.

Act 139(04)
HB1944 HD1 SD1
Signed 6/22/2004

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST INDUSTRIAL ENTERPRISES.
Extends the time in which $50 million in special purpose revenue bonds may be issued to Worldwide Energy Group, Inc. from June 30, 2004 to June 30, 2009 for the purpose of developing an ethanol fuel project on the island of Kauai.

Act 138(04)
HB1710 HD2 SD2 CD1
Signed 6/21/2004

RELATING TO THE UNIVERSITY OF HAWAII.
Establishes a student Scholarship and Assistance Special Fund within the University of Hawaii. Appropriates $20 million from the Tuitions and Fees Special Fund into the Scholarship Fund to permit the University to issue scholarships in lieu of tuition waivers.

Act 137(04)
HB2645 HD2 SD2
Signed 6/21/2004

RELATING TO EDUCATION.
Exempts retired, licensed Department of Education teachers from the Department's required $100, 30-hour substitute teacher training course for a period of ten years from the individual's date of retirement.

Act 136(04)
HB2143 HD2 SD1 CD1
Signed 6/21/2004

RELATING TO BUSINESS REGULATION.
Expands the definition of "gift certificate" to include electronic gift cards, prohibits service charges or dormancy fees, and provides a two-year expiration date for gift certificates.

Act 135(04)
HB2223 SD1
Signed 6/21/2004

RELATING TO BOXING.
Conforms state law to the federal Professional Boxing Safety Act of 1996; clarifies the Boxing Commission's jurisdiction over professional boxing contests; and makes general housekeeping revisions.


Act 134 (04)
SB3148 SD2 HD3 CD1
Signed 6/18/2004

RELATING TO EDUCATION.
Authorizes the Legislative Reference Bureau to conduct a feasibility study on establishing two noncontiguous charter school districts in the State. One district would be set up for traditional primary and secondary education schools. The second district would encompass host culture (Hawaiian) charter schools.


Act 133 (04)
HB2667 HD2 SD1 CD1
Signed 6/18/2004

RELATING TO HAWAIIAN LANGUAGE MEDIUM EDUCATION.
Provides for the establishment of an instructional program in which children meet the State's education standards through the medium of the Hawaiian language. Establishes student eligibility requirements, gives preference for admittance to students from fluent Hawaiian-speaking families, and allows for the creation of a new oversight office. The bill states the DOE shall work collaboratively with the UH-Hilo Hawaiian Language College to implement this initiative.


Act 132 (04)
SB2425 SD1 HD1 CD1
Signed 6/17/2004

RELATING TO EDUCATION.
Provides $2,472,714 in additional funding for charter schools to adjust for the updated student count and per pupil allocation approved by the Board of Education. This bill will also expedite the distribution of charter school funding.  Additionally it allows the legislature to adjust the per pupil allocations for fringe benefits and facility costs.


Act 131 (04)
HB2322 HD1 SD2 CD1 S
Signed 6/17/2004

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST PROCESSING ENTERPRISES.
Authorizes the issuance of up to $12 million in special purpose revenue bonds for Aloun Farms, Inc., a local farming operation with 180 full-time employees, to build a modern agricultural processing plant. Bond authorization would expire on June 30, 2007.

Act 130 (04)
HB2739 HD1 SD2 CD1
Signed 6/17/2004

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS BY THE HIGH TECHNOLOGY DEVELOPMENT CORPORATION.
Authorizes the High Technology Development Corporation to issue up to $100,000,000 in special purpose revenue bonds to assist Townsend Capital, LLC, to construct wet lab space and a biotech incubator near the UH medical school in Kakaako. Bond authorization would expire on June 30, 2009.

Act 129 (04)
HB1756 HD2 SD1 CD1
Signed 6/17/2004

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST HIGH TECHNOLOGY INDUSTRIAL ENTERPRISES.
Authorizes the high technology development corporation to issue up to $30,000,000 in special purpose revenue bonds to assist Electricore, Inc. in the planning, design, construction and operation of unmanned vehicle systems. Bond authorization would expire on June 30, 2009.

Act 128 (04)
HB1786 HD1 SD2 CD1
Signed 6/16/2004

RELATING TO EXEMPT EMPLOYEES.
Allows employees in exempt positions, who have performed work satisfactorily for six or more consecutive years, to apply for civil service positions for which they meet the minimum qualifications.

Act 127 (04)
HB1824 SD1
Signed 6/16/2004

RELATING TO ELECTRICIANS AND PLUMBERS.
Requires plumbers to renew their licenses every three years and pass a continued competency test based on the Uniform Plumbing Code.

Act 126 (04)
SB2021 SD1 HD2
Signed 6/16/2004

RELATING TO STREET ROD VEHICLES.
Amends the law to allow vehicles made between 1949 and 1968, or manufactured to resemble pre-1968 vehicles, to be considered as “street rod vehicles” thereby allowing them to legally operate on Oahu’s streets.

Act 125 (04)
SB2380 SD1 HD1 CD1
Signed 6/16/2004

RELATING TO THE STATE ART MUSEUM.
Clarifies the duties of the State Foundation on Culture and the Arts.  The Foundation is responsible for the management and operation of the State Art Museum.  This bill also provides for the Museum’s funding to be drawn from the works of art special fund and establishes the Friends of Hawaii State Art Museum Citizens Group.

Act 124 (04)
HB1820 HD1 SD1 CD1
Signed 6/16/2004

RELATING TO MOTOR VEHICLE INSURANCE.
Permits the cancellation of a new motor vehicle insurance policy within the first 60 days of the policy and reduces the notice of cancellation for nonpayment of premium from 30 days to 20 days.

Act 123 (04)
HB851 HD1 SD1 CD1
Signed 6/15/2004

RELATING TO TAXATION APPEALS.
Repeals the requirement that assessed taxes must be paid prior to appealing a case to the Tax Appeal Court. Also known as the "pay to play" repeal bill.

Act 122 (04)
HB2411 HD1 SD1 CD1
Signed 6/15/2004

RELATING TO INSURANCE.
Updates, streamlines, and conforms insurance laws to the requirements of the Gramm-Leach-Bliley and Producers License Model Acts. Exempts health insurance policies for self-employed persons from mandatory coverage requirements.

Act 121 (04)
SB2908 SD1 HD1 CD1
Signed 6/15/2004

RELATING TO BUSINESS REGISTRATION.
Clarifies ambiguities and corrects errors and inconsistencies in business registration laws and allows shareholders to act by less than unanimous consent. This bill also authorizes appointment of a trustee for dissolved corporations; clarifies merger provisions; and stipulates how, when, and to whom shareholder agreement information is to be made known.

Act 120 (04)
SB2882 SD1 HD1
Signed 6/15/2004

RELATING TO ALIEN INSURERS.
Encourages diversification of Hawaii's economy by allowing foreign insurers to become licensed in Hawaii and to become licensed in other states as long as they maintain their base of U.S. operations in Hawaii.

Act 119 (04)
SB2358 SD2 HD1 CD1
Signed 6/15/2004

RELATING TO CONSTRUCTION CLAIMS.
Establishes a procedure for residential property owners and contractors to resolve construction defect claims without going to court.

Act 118 (04)
HB2408 HD2 SD1
Signed 6/15/2004

RELATING TO INSURANCE.
Requires health insurers to treat qualified trade associations as groups for the purpose of providing health insurance coverage.

Act 117 (04)
SB2906 SD1 HD2 CD1
Signed 6/15/2004

RELATING TO CERTIFICATES OF GOOD STANDING.
Reduces the fee from $25 to $5 for a Certificate of Good Standing issued by the Department of Commerce and Consumer Affairs to registered businesses who need to demonstrate their state filings are current.

Act 116 (04)
SB1318 SD1 HD2 CD1
Signed 6/15/2004

RELATING TO BUSINESS REGISTRATION.
Authorizes the Director of the Department of Commerce and Consumer Affairs to adjust business registration fees and other non-tax revenues to help maintain a reasonable relationship between revenue collections and the cost of public services rendered.

Act 115 (04)
SB2990 HD1
Signed 6/10/2004

RELATING TO THE INTEGRATED TAX INFORMATION MANAGEMENT SYSTEMS ACQUISITION BY THE DEPARTMENT OF TAXATION.
Extends the current "drop dead" date of July 1, 2004, to July 1, 2005, for the Integrated Tax Information Management Systems Special Fund. This extension allows additional time for the remaining work on the project to be completed.

Act 114 (04)
SB2994 SD1 HD2
Signed 6/10/2004

RELATING TO THE USE TAX.
Clarifies the definition of “import” for determining if the 0.5% use tax applies to goods being shipped into Hawaii. This legislation became necessary as a result of the Hawaii Supreme Court ruling in the case of “Baker & Taylor versus Kawafuchi”, involving books bought for the State library system.

Act 113 (04)
HB2511 SD1 CD1
Signed 6/10/2004

RELATING TO INCOME TAX WITHHOLDING.
Conforms the state’s monthly due date for remitting Hawaii withholding taxes to the Federal “semi-weekly” policy, but with a lower threshold of $40,000.

Act 112 (04)
HB2170 HD1 SD1
Signed 6/10/2004

RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR REHABILITATION HOSPITAL OF THE PACIFIC.
Authorizes the issuance of $20 million in special purpose revenue bonds for construction improvements and expansion of the Rehabilitation Hospital of the Pacific.

Act 111 (04)
HB2578 HD1 SD2 CD1
Signed 6/10/2004

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST HONOLULU SEAWATER AIR CONDITIONING LLC PROJECTS ON THE ISLAND OF OAHU.
Promotes alternative energy resources by authorizing the issuance of up to $32 million in special purpose revenue bonds. These bonds would finance Honolulu Seawater Air Conditioning, LLC for the design and construction of a seawater air conditioning/thermal energy storage system on Oahu.

Act 110 (04)
SB2671 SD1 HD1 CD1
Signed 6/9/2004

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR THE CONGREGATION OF CHRISTIAN BROTHERS, INC. DBA DAMIEN MEMORIAL HIGH SCHOOL.
Authorizes the issuance of up of to $10 million in special purpose revenue bonds for Damien Memorial High School to finance the planning, acquisition, construction, or improvement of its educational facilities.

Act 109 (04)
SB3086 HD1 CD1
Signed 6/9/2004

RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR ISLAND PACIFIC ACADEMY.
Authorizes the issuance of up to $20 million in special purpose revenue bonds to aid Island Pacific Academy in financing the planning, construction, and improvement of its education facilities.

Act 108 (04)
SB2538 SD1 HD1 CD1
Signed 6/9/2004

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR IOLANI SCHOOL.
Authorizes the issuance of up to $30 million in special purpose revenue bonds to aid Iolani school in financing the planning, construction, and improvement of its educational facilities.

Act 107 (04)
SB2790 SD1 HD1 CD1
Signed 6/9/2004

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR HALEAKALA WALDORF SCHOOL.
Authorizes the issuance of up to $9,450,000 in special purpose revenue bonds to assist Haleakala Waldorf School in financing the planning, acquisition, construction, or improvement of its educational facilities.

Act 106 (04)
SB2791 SD1 HD1 CD1
Signed 6/9/2004

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR MONTESSORI SCHOOL OF MAUI, INC.
Authorizes the issuance of up to $10 million in special purpose revenue bonds to finance school improvements at the Montessori School of Maui.

Act 105 (04)
SB3156 SD1 HD1 CD1
Signed 6/9/2004

RELATING TO EMERGENCY MEDICAL SERVICES.
Clarifies that the State shall not be held liable for the discretionary function of providing emergency aeromedical services.

Act 104 (04)
SB2887 SD2 HD2 CD1
Signed 6/3/2004

RELATING TO INTERSTATE INSURANCE COMPACT.
Adopts the National Association of Insurance Commissioners' Interstate Insurance Product Regulation Compact to provide insurers with a single, interstate authority to enact uniform standards for life insurance products. This bill will help insurers better compete in the marketplace and will benefit consumers by promoting new life insurance products, meeting specified standards, and ensuring clear and concise advertising of such products.

Act 103 (04)
SB2995 SD2 HD1 CD1
Signed 6/3/2004

RELATING TO COMMERCIAL DRIVER LICENSING.
Conforms Hawaii's Commercial Drivers licensing statutes to the Federal Motor Carrier Safety Improvement Act of 1999.

Act 102 (04)
HB1770 HD1 SD2 CD1
Signed 6/3/2004

RELATING TO MOTOR VEHICLES.
Increases fines for registered owners of cars with alarms that repeatedly and falsely sound. Authorizes the court to revoke the driver's license of someone driving at speeds exceeding 90 miles per hour. The revocation may be up to five years in length.

Act 101 (04)
HB2523 HD1 SD1 CD1
Signed 6/3/2004

RELATING TO PASSENGER FACILITY CHARGES.
Clarifies that passenger facility charges are exempt from fund transfers to pay for central service expenses.

Act 100 (04)
SB3113 SD1 HD1 CD1
Signed 6/3/2004

RELATING TO VOTING.
Allows Kalaupapa residents to fully enjoy their right to vote, which has in the past been made difficult due to their geographic and social isolation, by automatically mailing to those residents absentee ballots for each primary, special primary, special, general election, and special general election without the need to file an absentee ballot application.

Act 99 (04)
HB2048 HD1 SD1
Signed 6/2/2004

RELATING TO NET ENERGY METERING.
Promotes the use of renewable energy in Hawaii by increasing the maximum allowable generating capacity from ten kilowatts to fifty kilowatts for companies and individuals who generate their own power and sell their excess power back to the local utility.  Also would permit government entities to participate in net energy metering.

Act 98 (04)
HB2049 HD1 SD2 CD1
Signed 6/2/2004

RELATING TO ENERGY.
Helps State Government improve its energy efficiency by updating public facility energy retrofit and performance contracts for State Buildings.  Increases the length of energy performance contracts from 15 years to 20 years, expands financing options available for energy systems, and includes water conservation as a qualifying energy conservation retrofit.

Act 97 (04)
SB3162 SD1 HD1 CD1
Signed 6/2/2004

RELATING TO RENEWABLE ENERGY TECHNOLOGIES INCOME TAX CREDIT.
Clarifies that financial institutions, partnerships, S corporations, estates, and trusts are eligible to claim a renewable energy technologies income tax credit.  Allows for any unused credit to be claimed in subsequent taxable years until exhausted.

Act 96 (04)
SB1239 SD1 HD2 CD1
Signed 6/2/2004

RELATING TO ENERGY.
Reduces total fuel taxes by 50% for ethanol, methanol, biodiesel, and other alternative fuels, other than liquefied petroleum gas starting in calendar year 2004.

Act 95 (04)
SB2474 SD3 HD2
Signed 6/2/2004

RELATING TO RENEWABLE ENERGY.
Requires electric utilities to meet a renewable portfolio standard of 15 per cent for 2015 and 20 per cent for 2020.  Directs the Public Utilities Commission (PUC) to study the feasibility of implementing a rate structure to encourage the use of renewable energy.

Act 94 (04)
HB2421 SD1
Signed 5/28/04

RELATING TO THE LICENSING REQUIREMENTS FOR PRIVATE DETECTIVES AND GUARDS.
Establishes a one-tier licensing system that will allow a sole proprietorship to pay a single licensing fee as a firm, rather than having to pay multiple licensing fees as a principal and agency. This bill also enhances consumer protection by requiring principal detectives or guards to be responsible for the direct management and control of the agency, and by requiring licensees to have a history of honesty, truthfulness, financial integrity and fair-dealing. In addition, the bill clarifies that the Board of Private Detectives and Guards' disciplinary authorization includes the denial, renewal, and reactivation of a license.

Act 93 (04)
SB2839 SD2 HD2 CD1
Signed 5/28/04

RELATING TO SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES.
Protects charitable organizations and private donors from being taken advantage of by professional fundraisers by strengthening the oversight of professional solicitors and professional fundraisers. This bill will require professional fundraisers and solicitors to disclose the percent of every donation that reaches the charitable organization and establishes enforcement authority and penalties to protect the public from unethical practices.

Act 92 (04)
HB2674 HD1 SD1 CD1
Signed 5/28/04

RELATING TO IDENTITY THEFT.
Limits the possibility of identity theft by protecting individual social security numbers contained in public documents, by limiting the personal information club card issuers may require on applications, and by restricting the club card issuer's ability to share card holders' personal information with unaffiliated third parties, such as advertising agencies.

Act 91 (04)
HB2569 HD1 SD1
Signed 5/28/04

RELATING TO NI`IHAU SHELL PRODUCTS.
Protects the public and makers of Ni'ihau shell products including the valuable Ni'ihau Shell lei, from unscrupulous counterfeiters by specifically defining what a "Ni'ihau" shell is, and by clarifying that a "Ni'ihau" shell product must be made entirely (100%) of authentic Ni'ihau shells. This bill also makes provisions for the marketing of Ni'ihau shell products consisting of at least 80% Ni'ihau shells. However, such products must be clearly marked with the percentage of authentic shells contained in them.

Act 90 (04)
HB2250 HD2 SD2
Signed 5/26/04

RELATING TO HABITUAL OPERATION OF A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT.
This bill corrects the statute to ensure that habitual DUI offenders pay a driver education assessment, pay for substance abuse or dependence treatment, and allows the courts to order an offender to reimburse the counties for the cost of blood or urine testing.

Act 89 (04)
SB2983 SD2 HD1
Signed  5/26/04

RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE INTERNAL REVENUE CODE.
Provides certain tax relief by conforming Hawaii's income tax law to the federal (1) Military Family Tax Relief Act of 2003 and (2) Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Extends income tax filing deadlines for service personnel in combat zones and deployed overseas. Also excludes from income DOD homeowner assistance payments and allows direct deductions for overnight travel expenses for National Guard and Reserve members.

Act 88 (04)
SB2899 SD2 HD1
Signed 5/25/04

RELATING TO NURSES.
Allows the Nursing Board to require nurses who have not actively been practicing nursing for five years to pass a licensing exam. Also requires graduates of foreign nursing programs to prove proficiency in English.

Act 87 (04)
HB2871 HD2 SD1
Signed 5/25/04

RELATING TO TOBACCO.
Prohibits the use of tobacco by public employees in public schools and at public school functions. Provides that affected public employees shall be provided breaks for smoking at locations off-campus. Requires DOE to offer a smoking cessation program to interested employees.

Act 86 (04)
SB1302 SD1
Signed 5/25/04

MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS.
Appropriates money for UPW Bargaining Unit #10 for FY2004 and FY2005 to cover the arbitrated pay increase for this unit.

Act 85 (04)
HB2683 SD1 CD1
Signed 5/25/04

RELATING TO DEFERRED ACCEPTANCE OF GUILTY PLEA AND DEFERRED ACCEPTANCE OF NOLO CONTENDERE PLEA.
Corrects a flaw in Hawaii's sentencing law which currently allows a person guilty of causing "substantial bodily harm" to enter a deferred plea or nolo contendere plea and subsequently apply to have their criminal record expunged.

Act 84 (04)
HB1828 HD1 SD1 CD1
Signed by Lt. Governor Aiona, Acting Governor, 5/19/2004

RELATING TO PUBLIC ORDER.
Creates the offense of urinating or defecating in public in the downtown business area. This newly created offense is punishable with up to 40 hours of community service or a fine up to $200.

Act 83 (04)
SB2377 SD1 HD1 CD1
Signed by Lt. Governor Aiona, Acting Governor, 5/19/2004

RELATING TO PRIVACY.
Strengthens Hawaii's privacy law by prohibiting the use of mobile digital technologies, such as cell phones, to photograph a person in a stage of undress or a sexual activity without their consent.

Act 82 (04)
HB2020 HD1 SD2 CD1
Signed by Lt. Governor Aiona, Acting Governor, 5/19/2004

RELATING TO PROSTITUTION.
Creates a class C felony for the promotion by an individual or firm of travel sex tours.

Act 81 (04)
HB2337 HD1 SD1
Signed by Lt. Governor Aiona, Acting Governor, 5/19/2004

RELATING TO NAME CHANGES.
Reduces the filing fee for a legal name change from $100 to $50, while ensuring that the state's cost for administering this program is covered.

Act 80 (04)
HB2385 HD1 SD1
Signed by Lt. Governor Aiona, Acting Governor, 5/18/04

RELATING TO ACCESS TO VITAL STATISTICS RECORDS BY CHILD SUPPORT ENFORCEMENT AGENCIES.
Grants the Child Support Enforcement Agency access to birth and parentage records to improve its efforts to enforce child support payment orders and comply with federal audits.

Act 79 (04)
SB1362 SD3 HD2
Signed by Lt. Governor Aiona, Acting Governor, 5/18/04

RELATING TO MENTAL HEALTH.
Expands the Department of Health's authority to obtain criminal history record checks of employees, potential employees, and contractors providing mental health services to both adolescent and adult patients. Also provides for the establishment of a "Community Plan for Mental Health Services" and permits consolidation of the mental health service boards on Oahu.

Act 78 (04)
HB2293
Signed by Lt. Governor Aiona, Acting Governor, 5/18/04

RELATING TO INTERSTATE ADULT OFFENDER SUPERVISION.
Repeals obsolete statutes covering the supervision of adult offenders being transported between states. The old law has been replaced by a new interstate compact. This bill codifies the new compact.

Act 77 (04)
HB2295 HD1    
Signed by Lt. Governor Aiona, Acting Governor, 5/17/04

RELATING TO COLLECTIONS ON DELINQUENT COURT-ORDERED PAYMENTS.
Authorizes the judiciary to contract with a bonded collection agency or licensed attorney to collect delinquent
court-ordered payments.

Act 76 (04)
HB2439
Signed by Lt. Governor Aiona, Acting Governor, 5/17/04

RELATING TO CIVIL DEFENSE SIRENS.
Allows for expedited construction, installation, maintenance, repair, and /or replacement of civil defense sirens by exempting them from the costal zone management permit process.

Act 75 (04)
SB2550 HD1 CD1
Signed by Lt. Governor Aiona, Acting Governor, 5/17/04

MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS.
Appropriates funds for the first two years of the Hawaii State Teachers Association collective bargaining agreement negotiated in April.

Act 74 (04)
SB2551 HD1 CD1
Signed by Lt. Governor Aiona, Acting Governor, 5/17/04

MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS.
Appropriates funds for the first two years of the University of Hawaii Professional Assembly collective bargaining agreement negotiated earlier this year.

Act 73 (04)
SB3135 SD1 HD1 CD1
Signed by Lt. Governor Aiona, Acting Governor, 5/17/04

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST ST. FRANCIS HEALTHCARE SYSTEM OF HAWAII AND ITS AFFILIATES.
Authorizes the issuance of special purpose revenue bonds to assist St. Francis Healthcare System of Hawaii to finance the construction and renovation of their facilities as well as purchase updated equipment.

Act 72 (04)
SB2009 SD1 HD1
Signed by Lt. Governor Aiona, Acting Governor, 5/13/2004

RELATING TO CONDOMINIUM PROPERTY REGIMES.
Clarifies that a condominium board may lease or change the use of a condominium's common elements without obtaining the requisite owner approval, if acting under its authority to install, change, or abandon the use of telecommunications equipment.

Act 71 (04)
HB2296 HD1
Signed by Lt. Governor Aiona, Acting Governor, 5/13/2004

RELATING TO THE USE OF CREDIT AND DEBIT CARDS.
Authorizes the use of debit and credit cards when posting bail, and allows the Judiciary to charge a convenience fee for payments made when using these methods of payment.

Act 70 (04)
HB1560 HD1 SD1
Signed by Lt. Governor Aiona, Acting Governor, 5/13/2004

RELATING TO DISPOSITION OF VESSELS BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES.
Requires the department of land and natural resources to provide the owner of a vessel the opportunity for an administrative hearing before taking custody of a derelict or abandoned vessel. In addition, this measure raises the value of vessels impounded by the Department of Land and Natural Resources that must be sold by public auction from $250 to $5,000.

Act 69 (04)
SB2897 SD2 HD2
Signed by Lt. Governor Aiona, Acting Governor, 5/12/2004

RELATING TO THE DENTAL EXAMINATION.
Authorizes the Board of Dental Examiners to accept dental and dental hygienist examination results from regional or state testing agencies if the state of Hawaii exam cannot be administered. Repeals license eligibility of graduates of foreign dental schools not accredited by the American Dental Association.

Act 68 (04)
SB2556 HD1 CD2
Signed by Lt. Governor Aiona, Acting Governor, 5/12/2004

RELATING TO STATE OFFICERS AND EMPLOYEES EXCLUDED FROM COLLECTIVE BARGAINING AND MAKING APPROPRIATIONS AND OTHER ADJUSTMENTS.
Appropriates funds for salary increases and other cost adjustments for the office of the auditor, office of the legislative reference bureau, state ethics commission, and office of the ombudsman, since the officers and employees of these agencies are excluded from collective bargaining.

Act 67 (04)
HB2397 HD1 SD1
Signed 5/11/2004

MAKING AN EMERGENCY APPROPRIATION FOR THE HAWAII STATE DISASTER REVOLVING LOAN FUND.
Appropriates $1 million out of the State Disaster Revolving Fund to provide loans to businesses and individuals who suffered damage resulting from the flooding that occurred on December 7 through December 8, 2003. The impacted areas were Mapunapuna, Moanalua, Salt Lake, and Foster Village on Oahu.

Act 66 (04)
HB2354
Signed 5/11/2004

MAKING AN EMERGENCY APPROPRIATION TO RISK MANAGEMENT.
Makes an emergency appropriation of $1.55 million to cover prior year insurance losses and increases the spending ceiling of the Risk Management Revolving Fund to $12 million.


Act 65 (04)
SB2976 SD1 HD1 CD1
Signed 5/11/2004

MAKING AN EMERGENCY APPROPRIATION FOR THE DEPARTMENT OF PUBLIC SAFETY.
Appropriates $300,000 to the Department of Public Safety to transport and house inmates at mainland correctional facilities.

Act 64 (04)
HB2446
Signed 5/11/2004

MAKING AN EMERGENCY APPROPRIATION FOR COLLECTIVE BARGAINING INCREASES.
Funds pay increases in the Department of Education for bargaining units 1 and 5 that took effect in January 2003 but were inadvertently omitted from the biennium budget. Appropriates $7.4 million for FY2003-04.

Act 63 (04)
SB2424 SD2 HD2 CD1
Signed 5/11/2004

RELATING TO NEW CENTURY CONVERSION CHARTER SCHOOLS.
Provides that civil service employees of public schools that convert to charter schools shall retain their civil service status. Further provides that an employee with civil service status at a new century conversion charter school who transfers to another civil service position shall be entitled to all of the rights, privileges, and benefits of continuous, uninterrupted civil service.

Act 62 (04)
SB2861 SD1 HD2 CD1
Signed 5/10/2004

RELATING TO CRIMINAL PROCEDURE.
Allows certain class B and class C felony cases to be prosecuted without requiring witnesses to testify on multiple occasions. Allows the prosecutor or Attorney General to initiate felony criminal charges by filing written information.

Act 61 (04)
HB2254 SD1 CD1
Signed 5/10/2004

RELATING TO CHAPTER 707, HAWAII REVISED STATUTES.
Defines sexual penetration for criminal trial purposes. Makes it possible to charge individuals with the greater offense of sexual penetration (class A felony) rather than the lesser offense of sexual contact (class C felony).

Act 60 (04)
HB2789 HD1 SD1
Signed 5/10/2004
RELATING TO SEXUAL ASSAULT.

Proposes a constitutional amendment that would make it easier to prosecute cases involving a young child under age 14 who repeatedly suffered sexual abuse. Allows the Legislature to define sexual assault of a minor under 14 as three or more acts that a jury unanimously agrees occurred, regardless of whether the child can recall the specific dates and incidents.

Act 59 (04)
SB2842 SD1 HD4
Signed 5/10/2004
RELATING TO CHAPTER 846E, HAWAII REVISED STATUTES.

Requires persons convicted of crimes involving child pornography to register as sex offenders as currently required by the Federal Government. Requires these offenders to register with the Attorney General and the county police where the offender resides and to report to the county police every five years.

Act 58 (04)
HB2608 HD1 SD1
Vetoed 5/3/2004; Overridden 5/6/2004

RELATING TO HAWAII TOURISM AUTHORITY.
Authorizes the Hawaii Tourism Authority (HTA) to hire attorneys independent of the attorney general, diverts money from the Tourism Special Fund for administrative costs.  Clarifies the compensation package for the executive director of the authority ($274,500 per year).  Instructs the HTA to hire a sports coordinator and provides HTA with $8 million to cover an expenditure problem with the Hawaii Visitor Convention Bureau (HVCB) contract.

Act 57 (04)
HB267 HD2 SD2
Vetoed 5/3/2004; Overridden 5/6/2004

RELATING TO GOVERNMENT.
Exempts the Campaign Spending Commission and the Office of Elections from the procurement code and personnel laws.  Exempts the Office of Elections and Campaign Spending Commission from collective bargaining.  Allows the Office of Elections to hire its own private attorney.  Repeals the elections appointment and review panel and transfers all powers to the Election Commission, where the Governor would no longer appoint members and where a disproportionate number of members would represent the neighbor islands.

Constitutional Amendment
SB2843 SD1 HD2

PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII.
Proposes a constitutional amendment that would provide the public with expeditious access to information identifying sexual offenders. If ratified, this amendment would assist parents in protecting their children from known sexual predators. Also known as "Megan's Amendment."

Constitutional Amendment
SB2846 SD1 HD2

PROPOSING AMENDMENTS TO ARTICLE I, SECTION 14, OF THE HAWAII CONSTITUTION.
Protects the privacy of sexual assault victims by proposing an amendment to Article I, Section 14, of the State Constitution that would permit the legislature to provide for the inadmissibility of privileged confidential communications between an alleged crime victim and the alleged victim's physician, psychologist, counselor or licensed mental health professional. Also known as "Rape Shield."

Constitutional Amendment
SB2851 SD1

PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII.
Proposes an amendment to article I, section 10, of the Constitution of the State of Hawaii to permit prosecutors and the attorney general to initiate felony criminal charges by filing a written charge.

Act 56 (04)
SB3222 SD2 HD2
Signed 5/5/2004

RELATING TO MOTOR VEHICLE INSURANCE.
Adds naturopathy to the personal injury protection benefits provided in a motor vehicle insurance policy. Imposes the same limitations on naturopathy benefits as currently apply to chiropractic and acupuncture treatment.

Act 55 (04)
HB1294 SD1 CD1
Signed 5/5/2004

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.
Clarifies that the accepting agency or authority for an environmental impact statement (i.e. county planning department) is not required to be the approving agency (i.e. county council or mayor). Requires an environmental assessment for major wastewater facilities, waste-to-energy facilities, landfills, oil refineries, and power-generating facilities built on private land with private funds.

Act 54 (04)
SB2577 SD1 HD2
Signed 5/5/2004

RELATING TO PEER REVIEW.
Shields from discovery in court proceedings certain data and information compiled and submitted by a medical provider to a peer review committee of a hospital or medical facility to allow full discussion of medical errors.

Act 53 (04)
HB1043 SD1 CD1
Vetoed 5/3/2004; Overridden 5/3/2004

MAKING APPROPRIATIONS FOR SALARY INCREASES FOR PUBLIC EMPLOYEES.
Appropriates funds for collective bargaining arbitrator’s awards for collective bargaining units (2), (3), (4), (6), (8), and (13), and salary increases and other cost adjustments for their excluded counterparts.  Also changes number of sick days and vacation days for employees hired after July 1, 1999 who are in these bargaining units.  The funds appropriated are for fiscal year 2004-2005.  The effective date of this bill is July 1, 2004.

Act 52 (04)
HB2743 HD2 SD1 CD1
Line Item Vetoed 4/30/2004; Overridden 5/3/2004

RELATING TO NON-GENERAL FUNDS.
Authorizes the Director of Finance to transfer funds from various special funds and revolving funds to the general fund and reduces the ceiling of the Tobacco Enforcement Special Fund and the State Parking Revolving Fund at the close of June 30 of each year to $500,000 respectively.

Act 51 (04)
SB3238 SD2 HD2 CD1
Vetoed 4/29/2004; Overridden 5/3/2004

RELATING TO EDUCATION.
Establishes a committee to create a weighted student formula for allocating a portion of Department of Education monies in the schools.  Establishes an allocation floor of seventy percent of operating funds exclusive of debt service and capital improvement projects.  Places principals on performance contracts and establishes their role in developing academic and financial plans in their schools.  Sets up School Community Councils in each school no later than July 1, 2005.  Appropriates monies for various Department of Education programs including math textbooks, technology infrastructure, a principals training academy and seventy-five teachers to reduce class sizes in kindergarten through second grade.  Transfers various functions from the Department of the Attorney General, Department of Human Resources Development, and Department of Budget and Finance to the Department of Education.

Act 50 (04)
SB2294 SD1 HD1
Signed 5/4/2004

RELATING TO CRIMINAL TRESPASS.
Allows law enforcement officials to better protect public property including public housing, campgrounds, beaches, and other public areas.  Charges an individual with criminal trespass in the second degree if the person enters or remains unlawfully upon the public property after receiving a written request to leave.

Act 49 (04)
SB2844 SD1 HD1
Signed 5/4/2004

RELATING TO CRIME.
Creates a new class C felony that would address the problem of recidivism involving property crimes.  Under this bill a person who is convicted of three property crimes within five years of the first offense would be charged with a class C felony for a fourth or subsequent property offense.

Act 48 (04)
SB2443 SD1 HD1
Signed 5/4/2004

RELATING TO ATTORNEYS’ LIENS.
Exempts from potential double federal taxation attorneys’ fees awarded in non-physical injury cases in order to ensure that an individual receiving the award is not unfairly taxed by the federal government for the portion of the award that belongs to their attorney.

Act 47 (04)
SB3237 SD1 HD1
Signed 5/3/2004

RELATING TO PRESCRIPTION DRUGS.
Amends the Hawaii Rx prescription drug discount program based on the U.S. Supreme Court’s ruling on the Maine Rx program.  Amendments to the measure include the Governor’s initiatives originally introduced in HB2460 and SB2953:  streamlining the eligibility criteria, maximizing drug discounts by minimizing the government’s costs to operate the program, insisting the drugs on the Hawaii Rx preferred drug list are safe and efficacious, protecting Medicaid patients’ access to drugs, preventing employees from losing employer-sponsored insurance, and protecting pharmacies from transaction fees in order to encourage the participation in Hawaii Rx.

Act 45 (04)
HB2796 HD1 SD2 CD1
Did Not Sign

RELATING TO STATE FUNDS.
Appropriates funds from the emergency and budget reserve funds for various health and human services programs, including grants for FY 2005.


Act 46 (04)
HB1797
Vetoed 4/27/2004; Overridden 4/30/2004

RELATING TO OPTOMETRY.
Allows therapeutically certified optometrists to prescribe and use certain drugs and medications when treating eye ailments.

Act 44 (04)
HB2003 HD1 SD1
Vetoed 4/30/2004; Overridden 4/30/2004

RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES.
Amends laws relating to the use, possession, and manufacture of crystal methamphetamine.  Decreases criminal penalties for some offenders requiring diversion to substance abuse treatment.  Amends zero tolerance rule for public school students charged with drug offenses.  Adds new law allowing placement of drug rehabilitation homes with neighborhoods bypassing county permitting rules.  Amends duties of the Department of Public Safety to include coordination of drug abatement programs.

Act 42 (04)
HB2280 SD1 CD1
Signed  4/30/2004

RELATING TO STATE BONDS.
Authorizes the issuance of $460,896,000 in general obligation bonds to finance Executive Branch and Judiciary
projects, and provides a declaration of findings with respect to such authorizations as mandated by the State
Constitution.

Act 43 (04)
HB2743 HD2 SD1 CD1
Line Item Vetoed 4/30/2004; Overridden 5/3/2004

RELATING TO NON-GENERAL FUNDS.
Authorizes the Director of Finance to transfer funds from various special funds and revolving funds to the general fund and reduces the ceiling of the Tobacco Enforcement Special Fund and the State Parking Revolving Fund at the close of June 30 of each year to $500,000 respectively.

Act 41 (04)
HB1800 HD1 SD1 CD1
Did Not Sign

RELATING TO THE STATE BUDGET.
Appropriates $7.9 billion in total operating appropriations, including $3.9 billion in general funds for FY2004-2005. Also proposes expending $1.3 billion for capital improvement projects of which $566 million is funded through general obligation bonds.

Act 40 (04)
HB2004 HD1 SD1 CD1
Did Not Sign


RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES.
Appropriates $14,702,419 for substance abuse prevention and treatment services. Appropriates $9.5 million to DOH for substance abuse treatment and prevention. Also appropriates $3.2 million to the Judiciary to expand the drug court. Other appropriations include grant-in aids to counties for community-based substance abuse programs and funding for the Weed and Seed Program. Uses $13.3 million in general funds, $1.15 million in Emergency Special Funds and $300,000 in Environmental Special Funds to pay for these programs

Act 39 (04)
HB2466
Signed 4/29/2004

MAKING AN EMERGENCY APPROPRIATION FOR THE STATE WORKERS' COMPENSATION PROGRAM.
Makes an emergency appropriation in FY04 of $3,055,896 to allow the state to meet its legal obligation to pay for workers’ compensation claims.

 

Act 38 (04)
HB2300 HD1 SD1 CD1
Signed 4/29/2004

RELATING TO THE JUDICIARY.
Appropriates $162,108,478 for the Judiciary. Additionally, authorizes the issuance of $45,105,000 in general obligation bonds, for Judiciary-related capital improvement projects.

Act 37 (04)
HB1898 HD1
Signed 4/29/2004

RELATING TO FINANCIAL LITERACY FOR YOUTH MONTH.
Establishes April as Financial Literacy for Youth Month in Hawaii, but makes it clear this is not an offical state holiday.

Act 36 (04)
HB1819
Signed 4/29/2004

RELATING TO MOTOR VEHICLE INSURANCE.
This bill creates an exception from the requirement of having a complete sales and claims service located in Hawaii for an auto insurance company whose members are military personnel and their families.

Act 35 (04)
HB2630 HD2
Signed 4/29/2004

RELATING TO MOTOR VEHICLE RENTAL INDUSTRY.
Removes the prohibition on commissions or other compensation for U-drive/rental car employees when a customer selects the fuel-purchase option in their rental agreement.

Act 34 (04)
HB2558 HD1
Signed 4/29/2004

RELATING TO PENSION PLANS.
Protects 401(k) pension plans from attachment, execution, seizure, or foreiture under a bankruptcy proceeding.

Act 33 (04)
HB2539 HD2
Signed 4/29/2004

RELATING TO HOSPITALS.
To streamline the plan review use (PRU) permit process for medical facilities, the certificate of need (CON) requirement for existing hospitals would now be required at the time that a building permit is required.

Act 32 (04)
HB2498 HD1
Signed 4/29/2004

RELATING TO INTERIM RULES OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES.
Authorizes the Department of Land and Natural Resources to adopt interim rules to protect native species threatened with imminent danger or species extinction.

Act  31 (04)
HB2426
Signed 4/29/2004

RELATING TO THE LICENSING REQUIREMENTS FOR ELEVATOR MECHANICS.
Revises the training requirements for licensing of elevator mechanics to conform with federal and state apprenticeship standards.

Act 30 (04)
HB2414
Signed 4/29/2004

RELATING TO DENTAL INSURANCE.
Extends by one year the time to liquidate the insolvent dental plan, Hawaii Dental Health Plan. This change will allow DCCA to continue to seek monies to repay provider and consumer creditors.

Act 29 (04)
HB2341 HD1
Signed 4/29/2004

RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION.
Provides for staggered terms for the Board of Directors of the Agribusiness Development Corporation.

Act 28 (04)
SB2950 SD1
Signed 4/29/2004

RELATING TO GENERIC SUBSTITUTION OF PRESCRIPTION DRUG PRODUCTS.
This measure makes United States Food and Drug Administration approved, therapeutically equivalent generic drug
products, substitutable as generic drugs for use in Hawaii upon approval by the Director of Health.

Act 27 (04)
SB2589 SD1
Signed 4/29/2004

RELATING TO HEALTH INSURANCE.
Expands from 45 days to 60 days the time period within which, a managed care plan, after receiving an enrollee
complaint, must send notification to the enrollee of its decision.

Act 26 (04)
SB2905
Signed 4/29/2004

RELATING TO MEDICAL BOARD DISCIPLINARY ACTION.
Expands the types of disciplinary actions the Board of Medical Examiners may impose by adding the sanctions of
censure and reprimand, thereby allowing the severest sanctions (i.e. suspension or revocation of license) to be used
after intermediate sanctions have been imposed.

Act 25 (04)
SB2820
Signed 4/29/2004

RELATING TO AGRICULTURAL LANDS.
Revises statutory provisions that impair the transfer of agricultural land from the Department of Land and Natural
Resources to the Department of Agriculture by allowing the transfer of multiple, non-geographically adjacent parcels of land.

Act 24 (04)
SB2647 SD1
Signed 4/29/2004

RELATING TO CORRECTIONS.
Updates the membership of the nominating panel of the Hawaii Paroling Authority by replacing members from defunct organizations with individuals from active organizations that represent similar constituencies. Specifically, the president of the Hawaii Correctional Association is replaced by the President of the Hawaii Criminal Justice Association, and the representative of the Hawaii Council of Churches is replaced by a representative from the Interfaith Alliance Hawaii.

Act 23 (04)
HB2142 HD2
Signed 4/28/2004

RELATING TO BUSINESS PRACTICES.
Protects the confidientiality of trade secrets and proprietary information of private companies who are tenants or
prospective tenants of Natural Energy Laboratory of Hawaii Authority.

Act 22 (04)
SB2005
Signed 4/28/2004

RELATING TO MEDICAL RECORDS.
Requires mental health service providers to notify clients that the client's records will be released for billing purposes to the client's insurer. The information may only be released to the insurer after the patient has been offered the opportunity to pay the reimbursement claim directly and has declined to pay.

Act 21 (04)
HB1926
Signed 4/28/2004

RELATING TO EDUCATION.
Clarifies that the Hawaii State Teachers Standards Board rather than the Department of Education and Superintendent is responsible for interstate licensure reciprocity.

Act 20 (04)
SB2815
Signed 4/28/2004

RELATING TO MILK CONTROL.
Transfers from the Governor to the Director of Agriculture the responsibility to sign an order every month establishing a salvage value price for milk. The formula upon which the price is set is approved by the Governor.

Act No. 19 (04)
HB2198 HD1
Signed 4/26/2004

RELATING TO SCHOOL HEALTH.
Requires the Department of Education to permit the self-administration of medication by a student who has asthma. Allows a student to carry an inhaler or auto-injectable epinephrine, when they have a doctor's certificate and written authorization from a parent or guardian.

Act No. 18 (04)
HB2689
Signed 4/23/2004

RELATING TO STALKING.
Allows a case involving both stalking and domestic violence to be tried in the same court.

Act No. 17 (04)
HB2685
Signed 4/23/2004

RELATING TO BAIL JUMPING.
Changes the offense of bail jumping in the first and second degree to require that a person knowingly fails to appear, instead of an intentional failure to appear.

Act No. 16 (04)
HB2378
Signed 4/23/2004

RELATING TO THE SOVEREIGN IMMUNITY OF BOARDS AND COMMISSIONS.
Amends Chapter 26-35, HRS, to state that every board and commission established within a department is considered an arm of the State and enjoys the same sovereign immunity available to the state.

Act No. 15 (04)
HB2139 HD1
Signed 4/22/2004

RELATING TO INSURANCE.
This bill allows insurers the option to use the current 1.5 percent minimum interest rate in determining the cash value of individual fixed annuity contracts, or a new indexed rate.

Act No. 14 (04)
HB1737 HD1
Signed 4/22/2004

RELATING TO MORTGAGE BROKERS AND SOLICITORS.
Allows experience as a licensed insurance agent to substitute for experience in mortgage lending where the licensed insurance producer arranges mortgage loans with a bank or depository institution wholly owned by the insurance company.

Act No. 13 (04)
HB2423
Signed 4/22/2004

RELATING TO COSMETOLOGY LICENSE RESTORATION.
Allows the Board of Barbering and Cosmetology to apply the same criteria to restoring beautician's licenses as they do for barber's licenses. Both beauticians and barbers could regain their license within three years of it being inactive.

Act No. 12 (04)
HB2417
Signed 4/22/2004

RELATING TO REAL ESTATE LICENSING.
Allows the Real Estate Commission to enter into formal license recognition agreements with other states and jurisdictions.

Act No. 11 (04)
HB2418
Signed 4/22/2004

RELATING TO ABANDONED APPLICATIONS FOR PROFESSIONAL AND VOCATIONAL LICENSES.
Clarifies if an application for a professional or vocational license is not completed and/or the required supporting documents are not submitted to DCCA within two years, the application will be considered abandoned.

Act No. 10 (04)
SB2278
Signed 4/19/2004

RELATING TO STATUTORY REVISION: AMENDING, REENACTING, OR REPEALING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS.
Amends or repeals various provisions of the Hawaii revised statutes and the session laws of Hawaii for the purpose of correcting errors, clarifying language, correcting references, and deleting obsolete or unnecessary provisions.

Act No. 9 (04)
SB2394 SD1
Signed 4/19/2004

RELATING TO THE HAWAII TOURISM AUTHORITY.
Amends provision relating to Hawaii Tourism Authority (HTA). Mandates HTA develop a tourism strategic market plan and update it yearly. Adds the promotion of wellness, technology, agriculture and nature tourism as niche markets for HTA to develop.

Act No. 8 (04)
SB2902 SD2
Signed 4/19/2004

RELATING TO TELEMARKETING.
Specifies that a violation of the federal Do-Not-Call provisions constitutes an unfair or deceptive trade practice under Hawaii State law.

Act No. 7 (04)
SB3172 SD1
Signed 4/19/2004

RELATING TO PEST CONTROL.
Clarifies grounds upon which pest control licensee may be disciplined. Limits disciplinary action by State Pest Control Board to violations that rationally relate to licensee's qualifications, functions, duties, and responsibilities, including failure to complete work at the contract price.

Act No. 6 (04)
HB2251
Signed 4/16/2004

RELATING TO CHAPTER 291E.
Amends the law pertaining to the offense of driving under the influence of an intoxicant (DUI) while a license has been suspended or revoked so that
a prior DUI offense can be considered for the purpose of sentencing the individual as a repeat offender.

Act No. 5 (04)
HB2298 HD1
Signed 4/15/2004

RELATING TO DISQUALIFICATION OF JUDGES.
Provides that no person shall sit as a judge in any case in which the judge has a more than de minimis pecuniary interest, the investment or divestment of which are subject to the direction of the judge. De minimis interest means "very little interest" and is a term used in the Model Code of Judicial Conduct.

Act No. 4 (04)
HB2024 HD1
Signed 4/15/2004

RELATING TO TRANSFER OF OWNERSHIP OF FIREARMS AND AMMUNITION.
Provides that no person who is under a temporary restraining order shall transfer ownership of any firearm or ammunition so long as the restraining order is in effect. A person under a temporary restraining order shall surrender or dispose of their firearms and ammunition to the appropriate law enforcement agency.

Act No. 3 (04)
HB2299 HD1
Signed 4/15/2004

RELATING TO APPELLATE COURT COSTS.
Simplifies the payment process for filing an appeal to the Land Court or Supreme Court and eliminates duplicate payments. Also clarifies that all fees are deposited directly into the Judiciary's General Fund.

Act No. 2 (04)
HB1113
Signed 3/31/2004

RELATING TO DRIVERS' LICENSES.
This bill restores (1) Language regarding the illegal display or possession of a fictitious or fraudulent driver's license; and (2) Language regarding use of false or fictitious names in applications for driver's licenses, all of which language was inadvertently repealed by Act 224, Session Laws of Hawaii 2002, from section 286-131 Hawaii Revised Statutes.

Act No. 1 (04)
HB2585 HD1
Signed with Reservations:  2/10/2004

MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE LEGISLATURE, THE LEGISLATIVE AUDITOR, THE LEGISLATIVE REFERENCE BUREAU, AND THE OMBUDSMAN.
Appropriates for the interim expenses of the Senate and House of Representatives. Appropriates for the expenses of the Office of the Legislative Auditor, the Legislative Reference Bureau, the Office of the Ombudsman, the Legislative Information System, and the Legislative Broadcast Program.

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