Hawaii Legislation Restructures Controversial State Agency

News Release from House Democratic Caucus April 14, 2014

HONOLULU – The state House of Representatives has passed the omnibus bill that seeks to improve management, legislative oversight and public participation of the Hawaii Community Development Authority (HCDA). HB1866 HD2 SD2 is one of a number of bills that originated in the House, was amended by the Senate, and now goes to the Governor for his review. The Governor has the option of signing the bills into law, vetoing them, or allowing them to become law without his signature.

“HB1866 will allow us to ‘reboot’ HCDA and allow it to refocus on its mission, provide greater transparency in its operation and decision making, and allow the public to have greater input in its deliberations,” said Representative Scott Saiki (Kakaako, McCully, Kaheka, Downtown), who introduced the bill.

“At the end of the day, it will help HCDA create a community that is more livable, more productive and that better reflects our island values, lifestyle and sensibilities.”

Other bills passing final reading in the House Monday included:

HB33, SD1 extends the sunset date for the prohibition against urinating or defecating in public within the boundaries of downtown Honolulu to December 31, 2016.

HB1503, HD1, SD1 voids any rental agreement provision that allows for eviction of a tenant who has a valid certificate for the medical use of marijuana unless: (1) the rental agreement allows for eviction for smoking tobacco and the medical marijuana is smoked; or (2) the documents of a condominium property regime or planned community association prohibit the medical use of marijuana. Effective 11/01/2014.

HB1660, HD1, SD1 specifies that the offense of obstructing includes, in addition to obstructing a highway or public passage, providing less than thirty-six inches of space for passage on any paved public sidewalk, except as authorized by law, or failing to obey a law enforcement officer's order or request to cease any of the foregoing activities.

HB2269, HD1, SD1 authorizes the Insurance Commissioner to collect and annually publish health premium information from health insurers on the official website of the Insurance Division.

HB286, HD1, SD1 deletes the requirement that a condominium hotel or hotel have a commercial kitchen and dining room for liquor licensing purposes.

HB716, SD1 clarifies that the board of public accountancy may take one or more disciplinary actions against any person for violations of public accountancy regulatory law, repeals the maximum amount of time for which the board may suspend or refuse to renew a license or permit, and increases the amount of the administrative fine that may be imposed for any violation.

HB1300, HD1, SD1 accommodates the formation of directed trusts by specifying standards of care and performance for fiduciary actions subject to an advisor's authority under the terms of the trust.

HB1830, HD2, SD1 requires arbitration awards, records of awards, and related supporting materials under chapter 466K, Hawaii Revised Statutes, to be public records. Requires licensed or certified real estate appraisers who are named or appointed in a submission agreement to appraise or arbitrate entered into after July 1, 2014, to record with the bureau of conveyances all arbitration awards; records of awards, if separately issued; and any supplementary, dissenting, or explanatory opinions on awards within ninety days of the notification of the determination of the award to the parties. Specifies that no agreement between the parties or the appraisers acting as arbitrators may preclude or deny the requirement to record an award, the record of the award, or any supplementary, dissenting, or explanatory opinions. Clarifies that failure to comply is a violation of real estate appraiser license or certification requirements.

HB1881, SD1 amends the composition of the center for nursing advisory board by decreasing the number of voting members on the center for nursing advisory board to nine; specifying the membership of the advisory board to better facilitate the center for nursing's mission; and clarifying term limits and appointments to the advisory board. Amends certain powers and duties of the advisory board.

HB1882, HD2, SD1 adopts the national standard of a minimum of twenty-four months in an accredited podiatric residency prior to licensure as a podiatrist, beginning on 01/01/2015. Specifies separate requirements for out-of-state podiatrists who graduated from an approved college before 01/01/2004, who are seeking initial licensure in Hawaii.

HB1938, HD1, SD2 clarifies that the rules adopted by the Board of Agriculture referring to American Society for Testing and Materials (ASTM) D4814, relating to standard specification for automotive spark-ignition engine fuel, shall be deemed to refer to version ASTM D4814-13b adopted in 2013, as modified by the National Institute of Standards and Technology Handbook 130, part IV, subpart G, section 2.1 adopted in 2013.

HB1977, HD2, SD1 requires any further provisions each party is proposing for inclusion in the final position in a collective bargaining arbitration to be limited to those specific proposals that were submitted in writing to the other party and were the subject of collective bargaining up to the time of impasse. Provides the arbitration panel with authority to determine if final positions submitted are compliant with statutory requirements.

HB2045 HD1, SD1 provides a remedy for community associations to recover unpaid assessments for a share of common expenses up to the time of a grant or conveyance of property. Entitles both parties to a statement from the board of directors, either directly or through its managing agent or resident manager, setting forth the amount of the unpaid assessments. Relieves the grantee of liability for any unpaid assessments against the grantor in excess of the amount set forth in the statement, except as to the amount of subsequently dishonored checks mentioned in the statement as having been received within the thirty day period immediately preceding the date of such statement.

HB2496, HD1, SD1 amends the procedures by which regular and acting members of the Hawaii labor relations board are appointed by requiring the governor to appoint the representative of the public; the representative of management, after first considering, if the governor chooses to consider, a list of nominees submitted by the counties; and the representative of labor from a list submitted by mutual agreement from a majority of the exclusive representatives.

HB2666, HD1, SD2 makes permanent the amendments allowing a business to scan an individual's driver's license or identification card to verify age when providing age-restricted goods or services. Removes reference to "the business" from the reasonable doubt standard for proof of age.

In addition to the bills passed today, several hundred bills are now in conference committee where the House and Senate will negotiate differences in the measures and determine which will go through for final consideration.

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