2010 session laws effective 1.1.11

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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 : January1, 2012STATUS : May-06 11 Received by the Governor

Jul-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 union

if 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 to

a 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 on January1, 2012, provided sections 3, 4, and 5 of this Act shall applyto 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


Jul-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 surcharge

fee 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

2011 ACTS EFFECTIVE JANUARY 11, 2012

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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


Jul-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 under

patients' 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 law

during 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 or January1, 2012; provided further that if the external review requirementsof the federal Patient Protection and Affordable Care Act of 2010 are held unconstitutional by the

United 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 producer

to 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


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action or inaction of the insurer or its insurance producer allows the commissioner to order abusiness entity, general agency, independent agency, or the insurance producer to takereasonably appropriate corrective action for any consumer harmed by the insurance or orderappropriate penalties and sanctions. Establishes provisions relating to use of senior specificdesignations and professional designations. Prohibits the use of senior specific certifications orprofessional designation by a insurance producer. -- SB1278 CD1

EFF_DATE : This Act shall take effect on July 1, 2011; provided that sections 2 through 6 of this Act shall takeeffect on January1, 2012.

STATUS : May-06 11 Received by the GovernorJun-14 11 Approved by Governor (Act 108 2011)


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2010 session laws effective 1.1.11

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