MEASURE:

HB0299 HD1 SD1 (SSCR 1115)

TITLE:

RELATING TO COURTS OF APPEAL.

INTRO:

Say C (BR) (586-6100)

DESCRIPT:

Amends provisions relating to appeals from decision of the intermediate appellate court,certiorari. Reduces the period to file an application for writ of certiorari with the supreme courtfrom 90 days to 30 days. Allows a party to request a 30 day extension. -- HB0299 SD1

EFF_DATE:

This Act shall take effect onJanuary 1,2012; provided that section 602-59(c), Hawaii Revised Statutes, shall apply in the form in which it read on the day before the effective date of this Act tocases where the intermediate appellate court's judgment or dismissal order was filed before theeffective date of this Act.

STATUS:

Apr-27 11 Received by the GovernorJun-01 11 Approved by Governor (Act 77 2011)

MEASURE:

HB1077 HD2 (HSCR 237)

TITLE:

RELATING TO EMPLOYMENT SECURITY LAW.

INTRO:

Say C (BR) (586-6100)

DESCRIPT:

Amends provisions relating to employment and training fund established under the Hawaiiemployment security law. Allows moneys to be used for the payment of interest due on a TitleXII advance under the provisions of section 1202 (b) of the Social Security Act for advancesmade to the unemployment compensation fund. Amends provisions relating to employment andtraining assessment. Provides that if interest is due on Title XII advance under the provisions ofsection 1202 (b) of the Social Security Act, requires the employment and training fundassessment to be increased to pay the interest due. Allows the director of labor and industrialrelations to have the discretion to determine the amount of the increase for the calendar year inincrements of .01 per cent. Requires that if interest payments on a Title XII advance aresubsequently waived by federal law, the aggregate amount of interest payment collected toconstitute the total employment and training assessment payable by employers for the calendaryear 2012 only. Act to be repealed on January 1, 2012 (sunset). -- HB1077 HD2

EFF_DATE:

This Act shall take effect upon its approval (February 23, 2011) and shall apply retroactively toJanuary 1, 2011; provided that onJanuary 1,2012, this Act shall be repealed and sections 383- 128 and 383-129, Hawaii Revised Statutes, shall be reenacted in the form in which they read onDecember 31, 2010.

STATUS:

Feb-22 11 Received by the GovernorFeb-23 11 Approved by Governor (Act 2 2011)

MEASURE:

SB0045 HD1 CD1 (CCR 4)

TITLE:

RELATING TO PUBLIC SAFETY.

INTRO:

Espero W (586-6360)

DESCRIPT:

Amends provisions relating to civil service and exemptions. Repeals the exemption for 1stdeputy sheriff, and 2nd deputy sheriff. -- SB0045 CD1

EFF_DATE:

January 1,2012

STATUS:

May-06 11 Received by the GovernorJul-11 11 Approved by Governor (Act 216 2011)

MEASURE:

SB0229 SD1 HD2 CD1 (CCR 31)

TITLE:

RELATING TO EMPLOYMENT RELATIONS.

INTRO:

Baker R (586-6070), Chun Oakland S, Tokuda J

DESCRIPT:

Amends provisions relating to discriminatory practices made unlawful; offenses defined. Addsthat it shall be unlawful discriminatory practice because of domestic or sexual violence victimstatus if the victim provides notice to the victim's employer of such status or the employer hasactual knowledge of such status. Allows an employer to verify that the employee is a victim ofdomestic or sexual violence by requesting that the employee provide a signed written statementfrom whom the employee or the employee's minor child has sought assistance related to thedomestic or sexual violence from an employee, agent, or volunteer of a victim servicesorganization; the employee's attorney or advocate; a minor child's attorney or advocate; amedical or other professional; or a member of the clergy or a police or court record related to thedomestic or sexual violence. Establishes provisions relating to victims protections. Prohibits anemployer to verify an employee's status not more than once every 6 months. Amends provisionsrelating to victims leave by changing it to victim protections. Requires that the employer providereasonable accommodations in the workplace for an employee who is a victim of domestic or

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sexual violence. Provides that an employer shall not be required to make the reasonableaccommodations if they cause undue hardship on the work operations of the employer.Establishes provisions relating to civil actions. Allows any employee denied reasonableaccommodations by an employer to file a civil action against the employer to enforce andrecover costs, including reasonable attorney's fees, incurred in the civil action. -- SB0229 CD1

EFF_DATE:

January 1,2012

STATUS:

May-06 11 Received by the GovernorJul-08 11 Approved by Governor (Act 206 2011)

MEASURE:

SB0232 SD1 HD1 (HSCR 156)

TITLE:

RELATING TO CIVIL UNIONS.

INTRO:

Galuteria B (586-6740)

DESCRIPT:

Establishes the civil union law. Provides that a person shall be eligible to enter into a civil unionif they are not a partner in another civil union, a spouse in a marriage, or a party to a reciprocalbeneficiary relationship; at least 18 years of age; and not related to the other partner. Providesthat partners in a civil union shall have the same rights, benefits, protections, and responsibilitiesas are granted to those who contract, obtain a license, and are solemnized pursuant to themarriage law. Provides that a party to a civil union shall be included in any definition or use ofthe term spouse, family, immediate family, dependent, next of kin, and any other term thatdenote the spousal relationship. -- Establishes provisions relating to the effect of civil union.Requires that all provisions of the Internal Revenue Code referred to in this chapter that apply toa husband and wife, spouses, or person in a legal marital relationship is deemed to apply in thislaw to partners in a civil union with the same force and effect as if they were "husband and wife","spouses", or other terms that describe persons in a legal marital relationship. -- Amendsprovisions relating to jurisdiction; hearing. Requires the family court of each circuit to have jurisdiction over all proceedings relating to the annulment, divorce, and separation of civil unionsentered into in this State in the same manner as marriages. -- SB0232 HD1

EFF_DATE:

This Act shall take effect onJanuary 1,2012, provided sections 3, 4, and 5 of this Act shall apply to taxable years beginning after December 31, 2011.

STATUS:

Feb-16 11 Received by the GovernorFeb-23 11 Approved by Governor (Act 1 2011)

MEASURE:

SB0946 SD1 HD1 (HSCR 1435)

TITLE:

RELATING TO THE JUDICIARY.

INTRO:

Chun Oakland S (586-6130)

DESCRIPT:

Establishes provisions relating to anonymous filings. Provides that upon petition to a court, thecourt may allow a petition, complaint, motion, or other document to be filed by a party identifyingthe parties as jane doe or john doe. -- Amends provisions relating to power enjoin andtemporarily restrain harassment. Provides that upon petition to a district court , the court mayallow a petition, complaint, motion, or other document to be filed identifying the petitioner as janedoe or john doe if court finds that the jane doe or john doe filing is reasonably necessary toprotect the privacy of the petitioner and will not unduly prejudice the prosecution or the defenseof the action. -- SB0946 HD1

EFF_DATE:

January 1,2012

STATUS:

May-06 11 Received by the GovernorJul-12 11 Became Law Without Governor's Signature (Act 225 2011)

MEASURE:

SB1073 SD2 HD2 CD1 (CCR 131)

TITLE:

RELATING TO SURCHARGE FOR INDIGENT LEGAL SERVICES.

INTRO:

Hee C (586-7330)

DESCRIPT:

Amends provisions relating to a surcharge for indigent legal services. Increases the surchargefee for civil actions in circuit court by increasing the initial filing fee from 25 dollars to 50 dollarseffective January 1, 2012, and to 65 dollars effective January 1, 2014. Also increases theadditional surcharge fee for civil actions in the district court from 10 dollars to 25 dollars effectiveJanuary 1, 2012, and to 35 dollars effective January 1, 2014. Changes civil action in thesupreme court to the courts of appeal and increases the surcharge from 25 dollars to 50 dollarseffective January 1, 2012, and to 65 dollars effective January 1, 2014. Provides that initial filingsfor which surcharges shall be assessed include complaints, petitions, interventions, applicationsfor special proceedings, and answers containing 1 or more cross claims or counter claims; and3rd party complaints, but not post judgment civil process. Requires the administrative director of

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the courts, or the contractor administering the fund to review on a biennial basis, the indigentlegal assistance fund to determine whether it is meeting the civil legal needs of indigent personsand report to the legislature each even numbered year. -- SB1073 CD1

EFF_DATE:

January 1,2012

STATUS:

May-03 11 Received by the GovernorJul-05 11 Approved by Governor (Act 180 2011)

MEASURE:

SB1274 SD2 HD3 CD1 (CCR 106)

TITLE:

RELATING TO HEALTH INSURANCE.

INTRO:

Tsutsui S (BR) (586-7344)

DESCRIPT:

Establishes provisions relating to external review of health insurance determinations underpatients' bill of rights and responsibilities act. Allows a health carrier enrollee or the enrolleesauthorized representative to file a request for an external review with the insurancecommissioner within 130 days of receipt of notice of an adverse action that involves a denial ofcoverage based on a determination or final adverse determination. Requires the commissionerto randomly assign an independent review organizations qualified to conduct external reviewsbased on the nature of the health care service that is the subject of the adverse action and otherfactors determined by the commissioner. Prohibits an independent review organization orclinical reviewer working on behalf of an independent review organization or an employee,agent, or contactor to be liable in damages to any person for any opinions rendered or acts oromissions performed within the scope of the organization's or person's duties under the lawduring or upon completion of an external review conducted, unless the opinion was rendered orthe act or omission was performed in bad faith or involved gross negligence. Requires thehealth carrier against which a request for a standard external review or an expedited externalreview is filed to pay the cost of the independent review organization for conducting the externalreview. Repeals provisions relating to external review procedure. Report to the legislature.Requires the insurance commission to assist the department of human services and the Hawaiiemployer union health benefits trust fund in compiling data relating to each entity's ownadministrative review process and report to the legislature. -- SB1274 CD1

EFF_DATE:

This Act shall take effect on June 30, 2011; provided that if the United States Department ofHealth and Human Services by rule or other written guidance extends the time period for theState's existing external review process under section 432E-6, Hawaii Revised Statutes, to anylater date during 2011, then the effective date of this Act shall be the sooner of the end date ofthe transition period orJanuary 1,2012; provided further that if the external review requirements of the federal Patient Protection and Affordable Care Act of 2010 are held unconstitutional by theUnited States Supreme Court, this Act shall be repealed as of the date that the United StatesSupreme Court issues its opinion and chapter 432E, Hawaii Revised Statutes, shall bereenacted in the form in which it existed as of the day before the United States Supreme Courtissued its decision.

STATUS:

May-06 11 Received by the GovernorJul-12 11 Approved by Governor (Act 230 2011)

MEASURE:

SB1278 SD1 HD2 CD1 (CCR 6)

TITLE:

RELATING TO INSURANCE.

INTRO:

Tsutsui S (BR) (586-7344)

DESCRIPT:

Establishes provisions relating to life insurance and annuities. Prohibits an insurance producerto solicit the sale of an annuity product unless the insurance producer has adequate knowledgeof the product to recommend the annuity and the insurance producer is in compliance with theinsurer's standards for product training. Prohibits an insurer to issue an annuity that has beenrecommended to a consumer unless the insurer has a reasonable basis to believe the annuity issuitable for the particular consumer based on the consumer's suitability information. Requiresan insurance producer or a representative of the insurer, where no insurance producer isinvolved at the time of sale to make a record of any recommendation; obtain a signed statementfrom the consumer documenting the customer's refusal to provide suitability information andobtain a signed statement from the consumer acknowledging that an annuity transaction is notrecommended if a consumer decides to enter into an annuity transaction that is not based on theinsurance producer's or insurer's recommendation. Requires an insurer to establish andmaintain a supervision system that is reasonable designed to achieve the insurer's and itsinsurance producers' compliance. Changes provisions relating to mitigation of responsibility tocompliance mitigation and penalties. Provides that if a violation occurs, either because of the