HB0139 HD1 SD2 CDI (CCR 142), ACT 286 2000, Effective July 1, 2000.

RELATING TO FEDERAL CONSTRUCTION.

Redefines contractor to include a subcontractor, a specialty contractor, and any person, general engineering, general building, or specialty contractor who performs any of the activities directly or indirectly for the federal government, to the extent allowed under federal law

HB1759 HD2 SD2 CD1 (CCR 151), ACT 240, Effective July 1, 2000

RELATING TO TRAFFIC ENFORCEMENT.

Amends the traffic enforcement demonstration project provisions and Act 234, session laws of 1998, and amends Act 234, session laws of 1998, as amended by Act 263, session laws of 1999. Replaces county with the department of transportation and requires consultation with the county police. Changes the requirement that a citation be sent by mail within 48 hours of the incident to allow that a citation to be sent by mail within 3 days of the date of the incident by certified, registered, or 1st class mail with a certificate of mailing obtained as evidence of service. Authorizes the county police to provide oversight and all police services required for the project. Establishes a photo enforcement revolving fund to be administered by the department of transportation. Provides that payments resulting from citations and summons shall be deposited into the fund and shall be used to pay contractors and purchase county police oversight and services. Also allows 20 per cent of the fund to be used to pay non recurring state and county expenses and any temporary state positions needed. Allows photo speed imaging detector system to be mounted on a pole or bridge. Allows a private company to use pictures of license plates to identify the vehicle owners. Amends the definition of photo speed imaging detector and photo red light imaging to include video, conventional, or digital cameras. Allows a contractor to operate the equipment. Adds a progress report to the legislature. Changes the sunset date to July 1, 2003. Appropriation. ($$) -- HB1759 CD1

HBI900 HDI SDI CD1 (CCR 134), ACT 281 2000, Effective June 30, 2000, This Act contains vetoed items.

RELATING TO THE STATE BUDGET.

Supplemental Appropriations Act of 2000 (executive budget). Amends Act 91,session laws of 1999, relating to the state budget. ($$) -- HB1900 CD1

HB1902 HD1 SD1 CD1 (CCR 7), ACT 144 2000, Effective May 30, 2000.

RELATING TO THE STATE WATER CODE.

Amends provision relating to state water code by establishing dual line water supply system; installation in new industrial and commercial developments located in designated water management areas provision. Allows the commission on water resource management as a condition for issuing permits pursuant to the regulation of water use, to require the use of dual line water supply systems in new industrial and commercial developments located in designated water management areas. Provides that the commission shall not require the use of dual line water supply system if there is a threat to existing water quality or to public health and safety; a source of nonpotable water will not be reasonably available in the near future; or there is a serious threat to permitted ground or surface water uses within a designated water management area. Requires the county boards of water supply in consultation with the department of health to adopt standards for nonpotable water distributed through dual line water supply systems, and rules regarding the use of nonpotable water. Adds the term developments to mean I or more commercial or industrial subdivisions approved after the effective date of this Act. Prohibits the term to apply to any modification, addition to, or replacement of, any commercial or industrial subdivision in existence prior to the effective date of this Act. -- HB1902 CD1

HB2895 HD1 (HSCR 689-00), ACT 50 2000, Effective April 26, 2000

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS

Redefines environmental impact statement to mean an informational document prepared in compliance with rules adopted and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and the state. - Redefines significant effect to mean the sum of effects on the quality of the environment, including actions that adversely affect the economic welfare, social welfare, or cultural practices of the community of state - HB2895 HD1

SB2467 SD2 HDI CD1 (CCR 82), ACT 291 2000, Effective July 1, 2000

RELATING TO UNLICENSED CONTRACTORS.

Amends contractors provisions by providing that if an investigator finds any person who has acted in the capacity of, or engaged in the business of a contractor without having a current license, and the person is or was a defendant or respondent in a separate citation or lawsuit filed with or by the department of commerce and consumer affairs, the investigator may issue a notice of forfeiture of property and the property shall be turned over to the department for disposition. Requires all proceeds generated from any forfeiture action to be deposited in the compliance resolution special fund. -- SB2467 CDI

SB2521 SD1 HD1 CD1 (CCR 118), ACT 141 2000, Effective May 30, 2000

RELATING TO PROFESSIONAL SERVICE CONTRACTS.

Amends provision relating to procurement of professional services. Provides that the primary selection criteria employed by the screening committee awarding contracts for professional services shall include but not be limited to experience and professional qualifications of the staff to be assigned to the project; past performance on projects of similar scope for public agencies or private industry; and capacity to accomplish the work in the required time. Provides that contracts awarded under this provision shall be posted electronically within 7 days of the contract award by the chief procurement officer and shall remain posted for at least 1 year. Provides criteria. -- S62521 CD1

SB2781 SD2 HD2 CD1 (CCR 117), ACT 195 2000, Effective June 8, 2000; provided that: (1) Section 1 shall apply to taxable years beginning after December 31, 1988; (2) Section 2 shall apply to gross income or gross proceeds received after June 30, 2000; and (3) Section 3 shall apply to the entire gross income received by a public service company for the fiscal year preceding July 1, 2001; provided that in the case of a public service company operating on a calendar year, this Act shall apply to the entire gross income received for the calendar year in which July 1, 2001, occurs and for fiscal years thereafter.

RELATING TO TAXATION.

Introduced by: Mizuguchi N (BR)

Provides a hotel construction and remodeling income tax credit of 4 per cent of theconstruction or renovation costs incurred during the taxable year for each qualified hotel facility located in Hawaii. Tax credit applies from December 31, 1998, until December 31, 2002 (sunset). -- Provides a general excise tax exemption for amounts received from a person operating a call center by a person engaged in business as a telecommunications common carrier for interstate or foreign telecommunications services, including toll free telecommunications, telecommunication capabilities for electronic mail (e mail), voice, and data telecommunication, computerized telephone support, facsimile (fax), wide area telecommunication services, or computer to computer communication. Provides that public service company tax shall not apply to such persons and businesses. Further provides that these exemptions shall not apply to gross proceeds or gross income received after June 30, 2010 (sunset). -- SB2781 CD1

SB2859 SD1 HD1 CDI (CCR 115), ACT 253 2000, Effective July 1, 2002; provided that section 26-5(f), Hawaii Revised Statutes, in Section 2 and Parts V and IX of this Act shall take effect on July 1, 2000.

RELATING TO PUBLIC EMPLOYMENT.

Amends provision relating to the department of human resources development by repealing the directors authority to adopt rules exercised by the civil service commission. Repeals the civil service commission and replaces it with a merit appeals board that shall consist of 3 members appointed by the governor. Provides that nothing in this provision shall be construed to affect the civil service laws applicable to the several counties, the judiciary, or the Hawaii health systems. Provides that the merit appeals board of each jurisdiction shall decide appeals from any action taken by the chief executive, the director, an appointing authority, or a designee acting on behalf of 1 of these individuals, relating to recruitment and examination; classification and reclassification of a particular position; initial pricing of classes; and other employment actions under this provision. Establishes a special fund which shall consist of 2 separate accounts. Provides that revenues received by the department of human resources development as a result of entrepreneurial efforts in securing new sources of funds not provided for in the department’s budget for services rendered by the department shall be deposited into the entrepreneurial account and expended for the department’s related activities and programs. Further provides that all revenues received by the department from the charging of participant fees for in service training, that are inaddition to general fund appropriations in the department’s budget for developing and operating in service training programs, shall be deposited into the in service training account and expended for the department’s training activities and programs. Establishes classification provision. Requires each director to establish, implement, and maintain 1 or more classification systems covering all civil service positions, not otherwise exempted by rules. Amends general provisions of civil service by establishing the merit principle. Requires each jurisdiction to establish and maintain a separately administered civil service system based on the merit principle. Defines the merit principle to mean the selection of persons based on their fitness and ability for public employment and the retention of employees based on their demonstrated appropriate conduct and productive performance. Repeals furnishing of services and facilities provision and replaces it with alternatives in providing human resources program services. Provides that the chief executive may decentralize powers of the director under this provision, except for rule making, to an appointing authority. Provides that whenever consistent with economic and efficient administration, a jurisdiction may enter into agreements of furnishing services and facilities for human resources. If authorized by the legislature, an agreement may be with a private entity and shall be subject to any requirements and parameters set by the legislature or the respective legislative body, as applicable. Amends provision relating to when is chapter inoperative by repealing reference to the compensation law. Adds to the list of exemption from civil service for positions that must be filled without delay to comply with a court order or decree such as the Felix Cayetano consent decree; employees of the office of the lieutenant governor; and teaching assistant, educational assistants, bilingual I bicultural school home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational supportive / services specialists, and alternative school project coordinators in the department of education. Provides that when it is necessary to release employees due to lack of work, lack of funds, or other legitimate reasons, employees with permanent appointments in civil service positions shall have layoff rights. Repeals appeals from suspensions, dismissals and demotions provision and replaces it with merit appeals boards; appointment, authority, procedures. Requires each jurisdiction to establish a merit appeals board that shall have exclusive authority to hear and decide appeals relating to matters concerning the civil service of the jurisdiction. Provides criteria. Amends provisions relating to civil service for the counties of Hawaii, Maui, and Kauai and changes it to special civil service provisions for the counties of Hawaii, Maui, and Kauai. Establishes resolution of disputes; grievances provision. Provides that a public employer shall enter into written agreement with the exclusive representative setting forth a grievance procedure culminating in a final and binding decision, to be invoked in the event of any dispute concerning the interpretation or application of a written agreement. Requires the performance judge to be a neutral 3rd party to be selected from a list mutually agreed upon by the parties. Amends appropriate bargaining unit provision. Authorizes each employer to negotiate independently of one another, supplemental agreements that apply to their respective employees. Amends written agreements provision to include enforceability, cost items. Provides that any collective bargaining agreement reached between the employer and the exclusive representative shall be subject to ratification by the employees concerned, except for an agreement reached pursuant to an arbitration decision. Ratification is not required for other agreements during the term of the collective bargaining agreement, whether a supplemental agreement, an agreement on reopened items, or a memorandum of agreement, and any agreement to extend the term of the collective bargaining agreement. Amends provisions relating to the office of collective bargaining by including managed competition. Provides that the office of collective bargaining and managed competition shall assist the governor in implementation and review of the managed process of public private competition for particular government services through the managed competition process and negotiations between the State and the exclusive representatives on matter of wages, hours, and other negotiable terms and conditions of employment. Exempts employees of the office of collective bargaining from civil service, any civil service classification system, or any appropriate bargaining unit. Amends provisions relating to adjustments for excluded civil service employees. Provides that each appropriate authority shall determine the adjustments that are relevant for their respective excluded employees who are exempt from civil service in consideration of the compensation and benefit packages provided for other employees in comparable agencies. -- Establishes the voluntary severance benefit. Provides that any cMl service employee who is entitled to reduction in force rights and who receives an official notification that their position is being abolished or who is directly affected by the result of a reduction in force or workforce restructuring plan may elect to receive a voluntary severance benefit in lieu of any special retirement incentive benefit. Provides the benefit shall not exceed 50 per cent of the employee’s annual base salary. Defines base salary to mean an employee’s annual salary for the position from which the employee is to be separated, excluding all other forms of compensation paid or accrued, whether a bonus, allowance, differential, or value of leave or compensatory time off credits, including but not limited to shortage category differential, night shift differential, overtime, compensatory time off credits, vacation or sick leave credits, and workers’ compensation benefits. Prohibits the benefit to be considered as a part of a discharged employee’s salary, service credit, or a cost item when calculating retirement benefits or sick and vacation leave. Establishes special retirement incentive benefit. Provides that any employee who receives official notification that their position is being abolished or who is directly affected by the result of a reduction in force or work force restructuring plan may elect to receive special retirement benefits, if the employee is a vested member of the employees retirement system, in lieu of receiving any voluntary severance benefits. Requires the board of trustees to determine the portion of the additional actuarial present value of benefits to be charged to the State based on retirements under special retirement incentive benefits. Requires employee to meet criteria. Prohibits voluntary severance or special retirement incentive benefit to be payable to an employee discharged for disciplinary reasons or for reasons other than a reduction in force or workforce restructuring plan. Provides exception for employees who have received any benefits to be employed by the State. Requires the head of each affected state department to transmit a report on the positions affected to the directors of finance and human resources development who shall then abolish the vacated positions from the appropriate budget and personnel files. Requires the governor to report to the legislature. Requires the department of human resources development and the department of budget and finance to develop and administer guidelines and timeframes for participating to implement the voluntary separation and special retirement incentive benefits. Requires the department of human resources development, in cooperation with the employees’ retirement system and the public health fund, to provide briefings prior to the implementation of any strategic workforce reduction plan to educate those employees whose positions are being eliminated. Requires the department of human resources development to annually report to the legislature. Authorizes the governor to provide funds to obtain matching federal moneys to retrain employees in the state executive branch who separated from service. Authorizes the city and county of Honolulu, the county of Hawaii, the county of Kauai, the county of Maui, the judiciary, the Hawaii health systems corporation, the office of Hawaiian affairs, or the legislative branch to opt to provide the special retirement incentive benefit to their respective employees under a workforce restructuring plan. Requires the auditor to conduct a study on the effects on state government and report to the legislature and the governor. Provision shall be repealed on June 30, 2003 (sunset). -- Establishes school personnel engaged in instructional work, other than teachers and educational officers provision. Requires the board of education in consultation with the department of human resources development to prescribe the duties and qualifications for positions, adopt classification systems, classify and fix the compensation of positions accordingly, establish probationary and other requirements for tenure that protects employees from being disciplined without proper cause. Repeals compensation; leave of absence; hours of work; in service training programs; incentive and service awards; and temporary intergovernmental assignment of public employees laws. Appropriation to the department of human resources development for the purpose of the special fund and for the REACH (Resource for Employee Assistance and Counseling Help) program that provides short term counseling for trouble state employees who need help in dealing with personal problems affecting their work performance. Appropriates out of the employee's retirement system’s investment earnings to the employees’ retirement system to process the special retirement incentive benefit. Requires the department of human resources (development) to report to the legislature. ($$) --SB2859 CDI

SB2870 SD1 HD2 (HSCR 1385-00), ACT 196, Effective June 8, 2000

RELATING TO SAFE DRINKING WATER.

Changes mandatory certification of operating personnel in water treatment plants to mandatory certification of public water system operators. Provides that all classified distribution systems whether publicly or privately owned, used or intended for use by the public or private persons, shall at all times be under the direct supervision of a certified individual. -- SB2870 HD2

SB2987 SD1 HD2 CD1 (CCR 102), ACT 222 2000, Effective July 1, 2000, and shall apply to all public contracts entered into after June 30,2000

RELATING TO PUBLIC CONTRACTS.

Introduced by: Tam R

Amends provisions relating to contract retainage to include subcontractors. Provides that where a subcontractor has provided evidence to the contractor of a valid performance and payment bond for the project that is acceptable to the contractor and executed by a surety company authorized to do business in this State; any other bond acceptable to the contractor; or any other form of collateral acceptable to the contractor; the retention amount withheld by the contractor from its subcontractor shall be the same percentage of retainage as that of the contractor. Provides that this provision shall also apply to subcontractors who subcontract work to other subcontractors. Provides that this Act shall apply to all public works contracts entered into after June 30, 2000. -- SB2987 OD1

SB2988 SD2 HD2 CD1 (CCR 94), ACT 164 2000, Effective July 1, 2000, and shall apply to all public contracts entered into after June 30, 2000

RELATING TO PUBLIC CONTRACTS AND PROCUREMENT.

Introduced by: Tam R

Amends provision relating to prompt payment. Provides that where a subcontractor has provided evidence to the contractor of a valid union trust fund contribution bond acceptable to the contractor in an amount not less than 3 months of the subcontractor’s trust fund contribution; a performance and payment bond for the project executed by a surety company authorized to do business in the State; any other bond acceptable to the contractor; or any other form of mutually acceptable collateral; and the contractor fails to pay in accordance with this provision, a penalty of I and 1/2 per cent per month shall be imposed on the outstanding amounts due to the subcontractor. Further provides that the penalty may be withheld from future payment due to the contractor. Provides that a contractor found in violation 3 or more times within 2 years of the 1st violation shall be referred to the contractor license board by the procurement agency. Amends provision relating to contract clauses and procurement policy board administration by repealing requirement that the policy board adopt rules requiring the inclusion in contracts of clauses providing for prompt payment by contractors to subcontractors. Provides that this Act shall apply to all public contracts entered into after June 30, 2000. -- SB2988 CD1