HOUSE OF REPRESENTATIVES				H.B. NO.	
EIGHTEENTH LEGISLATURE, 1996	 		
STATE OF HAWAII	 		
				
A  BILL  FOR  AN  ACT

RELATING TO FAMILY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


	SECTION 1.  Section 11-14.5, Hawaii Revised Statutes, is amended by
amending subsection (a) to read as follows: "(a)  If a life threatening
circumstance exists to a law enforcement person or to the law
enforcement person's family, that law enforcement person may apply to
the county clerk to keep confidential the information relating to
residence address and telephone number contained in the affidavit of
registration of that law enforcement person, or any list or register
prepared therefrom. For the purposes of this section: "Economic
expenses of life" means the cost of the daily necessities of life
including the cost food, housing and clothing.  It shall be considered
sharing the expenses of life if only one person pays the entire costs
of the economic expenses of life for two or more people living
together; and" "Family" shall include those people who share a house or
apartment and the economic expenses of life."
	
	SECTION 2.  Section 46-15.3, Hawaii Revised Statutes, is amended by
amending subsection (b) to read as follows: "(b)  For the purpose of
this section:

	"Building code" means an ordinance the purpose of which is to provide
minimum standards to safeguard life or limb, health, property, and
public welfare by regulating and controlling the design, construction,
quality of materials, use and occupancy, location, and maintenance of
all buildings and structures within the county's jurisdiction and
certain equipment specifically regulated by the ordinance.
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together."
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life.
	
	"Fire code" means an ordinance adopted under section 132-3 or an
ordinance intended to prescribe regulations consistent with recognized
good practice for the safeguarding to a reasonable degree of life and
property from the hazards of fire and explosion arising from the
storage, handling, and use of hazardous substances, materials, and
devices and from conditions hazardous to life or property in the use or
occupancy of buildings or premises.
	
	"Licensed adult family boarding home" means an adult family boarding
home licensed under chapter 346, part IV.
	
	"Licensed care home" means a care home licensed under section
321-15.6.
	
	"Life safety code" means an ordinance the purpose of which is to
establish minimum requirements that will provide a reasonable degree of
safety from fire in buildings and structures."
	
	SECTION 3.  Section 150A-5, Hawaii Revised Statutes, is amended to
read as follows:
	
	"¤150A-5  Conditions of importation.  (a)  The importation into the
State of any of the following articles, viz., nursery- stock, tree,
shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf,
root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in
the natural or raw state; moss, hay, straw, dry-grass, or other forage;
unmanufactured log, limb, or timber, or any other plant-growth or
plant-product, unprocessed or in the raw state; soil; bacteria, fungus,
or virus; live bird, reptile, nematode, insect, or any other animal in
any stage of development (that is in addition to the so-called domestic
animal, the quarantine of which is provided for in chapter 142); box,
vehicle, baggage, or any other container in which such articles have
been transported or any packing material used in connection therewith
shall be made in the manner hereinafter set forth:
	
	(1)Notification of arrival.  Any person who receives for transport
	or brings or causes to be brought to the State as freight, air
	freight, baggage, or otherwise, for the purpose of debarkation or
	entry therein, or as ship's stores, any of the foregoing articles,
	shall, immediately upon the arrival thereof, notify the department,
	in writing, of the arrival, giving the waybill number, container
	number, name and address of the consignor, name and address of the
	consignee or the consignee's agent in the State, marks, number of
	packages, description of contents of each package, port at which
	laden, and any other information that may be necessary to locate or
	identify the same, and shall hold such articles at the pier, airport,
	or any other place where they are first received or discharged, in
	such a manner that they will not spread or be likely to spread any
	infestation or infection of insects or diseases that may be present
	until inspection and examination can be made by the inspector to
	determine whether or not any article, or any portion thereof, is
	infested or infected with or contains any pest.  In addition, the
	department by rules shall designate restricted articles that shall
	require a permit from the department in advance of importation. 
	Therestricted articles shall include, but not be limited to, fungi,
	bacteria, virus, or living insects.  Failure to obtain the permit
	in advance is a violation of this section.
	
    (2)  Individual passengers, officers, and crew.
          
	(A)  It(A)  It shall be the responsibility of the transportation
	company to distribute, prior to the debarkation of passengers and
	baggage, the State of Hawaii plant and animal declaration form to
	each passenger, officer, and crew member of any aircraft or vessel
	originating in the continental United States or its possessions or
	from any other area not under the jurisdiction of the appropriate
	federal agency in order that the passenger, officer, or crew member
	can comply with the directions and requirements appearing thereon. 
	All passengers, officers, and crew members, whether or not they are
	bringing or causing to be brought for entry into the State the
	articles listed on the form, shall complete the declaration, except
	that one adult member of a family may complete the declaration for
	other family members.  Any person who defaces the declaration form
	required under this section, gives false information, failsto declare
	restricted articles in the person's possession or baggage, or fails
	to declare in cargo manifests is in violation of this section.

    (B)Completed forms shall be collected by the transportation company and
	be delivered, immediately upon arrival, to the inspector at the first
	airport or seaport of arrival.  Failure to distribute or collect
	declaration forms or to immediately deliver completed forms is a
	violation of this section.

    (C)It shall be the responsibility of the officers and crew of an
	aircraft or vessel originating in the continental United States or
	its possessions or from any other area not under the jurisdiction
	of the appropriate federal agency to immediately report all sightings
	of any plants and animals to the plant quarantine branch.  Failure
	to comply with this requirement is a violation of this section.

	(3)Plant and animal declaration form.  The form shall include
directions for declaring domestic and other animals cited in chapter
142, in addition to the articles enumerated in this chapter.
	
	(4)Labels.  Each container in which any of the above- mentioned
articles are imported into the State shall be plainly and legibly
marked, in a conspicuous manner and place, with the name and address of
the shipper or owner forwarding or shipping the same, the name or mark
of the person to whom the same is forwarded or shipped or the person's
agent, the name of the country, state, or territory and locality
therein where the product was grown or produced, and a statement of the
contents of the container.  Upon failure to comply with this paragraph,
the importer or carrier is in violation of this section.
	
     
	(5)  Authority to inspect.  Whenever the inspector has good cause to
	believe that the provisions of this chapter are being violated, the
	inspector may:

(A)  Enter and inspect any aircraft, vessel, or other carrier at any
	time after its arrival within the boundaries of the State, whether
	offshore, at the pier, or at the airport, for the purpose of
	determining whether any of the articles or pests enumerated in this
	chapter or rules adopted thereto, is present.

(B)  Enter into or upon any pier, warehouse, airport, or any other
	place in the State where any of the above-mentioned articles are
	moved or stored, for the purpose of ascertaining, by inspection and
	examination, whether or not any of the articles is infested or
	infected with any pest ordisease or contaminated with soil or
	contains prohibited plants or animals.

(C)Inspect any baggage or personal effects of disembarking passengers,
	officers, and crew members on aircraft or vessels arriving in the
	State to ascertain if they contain any of the articles or pests
	enumerated in this chapter.  No baggage or other personal effects
	of the passengers or crew members shall be released until the baggage
	or effects have been passed. Baggage or cargo inspection shall be
	made at the discretion of the inspector, on the pier, vessel, or
	aircraft or in any quarantine or inspection area. Whenever the
	inspector has good cause to believe that the provisions of this
	chapter are being violated, the inspector may require that any box,
	package, suitcase, or any other container carried as ship's stores,
	cargo, or otherwise by any vessel or aircraft moving between the
	continental United States and Hawaii or between the Hawaiian Islands,
	be opened for inspection to determine whether any article or pest
	prohibited by this chapter or by rules adopted pursuant thereto is
	present.  It is a violation of this section if any prohibited article
	or any pest or any plant, fruit, or vegetable infested with plant
	pests is found.

	(6)  Request for importation and inspection.  In addition to
requirements of the United States customs authorities concerning
invoices or other formalities incident to importations into the State,
the importer shall be required to file a written statement with the
department, signed by the importer or the importer's agent, setting
forth the importer's desire to import certain of the above-mentioned
articles into the State and giving the following additional
information:  the kind (scientific name), quantity, and description;
the locality where same were grown or produced; the certification that
all animals to be imported are the progeny of captive populations or
have been held in captivity for a period of one year immediately prior
to importation or have been specifically approved for importation by
the board; the port from which the same were last shipped; the name of
the shipper; and the name of the consignee.  The statement shall also
contain:
	 
	(A)  A request that the department, by its duly authorized agent,
	examine the articles described;

(B)  An agreement by the importer to be responsible for all costs,
	charges, or expenses; and

(C)  A waiver of all claims for damages incident to theinspection or
	the fumigation, disinfection, quarantine, or destruction of the
	articles, or any of them, as hereinafter provided, if any treatment
	is deemed necessary. Failure or refusal to file a statement,
	including the agreement and waiver, is a violation of this section
	and may, in the discretion of the department, be sufficient cause for
	refusing to permit the entry of the articles into the State.

	(7)Place of inspection.  If, in the judgment of the inspector, it is
deemed necessary or advisable to move any of the above-mentioned
articles, or any portion thereof, to a place more suitable for
inspection than the pier, airport, or any other place where they are
first received or discharged, the inspector is authorized to do so. 
All costs and expenses incident to the movement and transportation of
the articles to such place shall be borne by the importer or the
importer's agent.
	
	(8)Disinfection or quarantine.  If, upon inspection, any article so
received or brought into the State for the purpose of debarkation or
entry therein is found to be infested or infected or there is
reasonable cause to presume that it is infested or infected and the
infestation or infection can, in the judgment of theinspector, be
eradicated, a treatment shall be given such article.  The treatment
shall be at the expense of the owner or the owner's agent, and the
treatment shall be as prescribed by the department.  The article shall
be held in quarantine at the expense of the owner or the owner's agent
at a satisfactory place approved by the department for a sufficient
length of time to determine that eradication has been accomplished.  If
the infestation or infection is of such nature or extent that it cannot
be effectively and completely eradicated, or if it is a potentially
destructive pest or it is not widespread in the State, or after
treatment it is determined that the infestation or infection is not
completely eradicated, or if the owner or the owner's agent refuses to
allow the article to be treated or to be responsible for the cost of
treatment and quarantine, the article, or any portion thereof, together
with all packing and containers, may, at the discretion of the
inspector, be destroyed or sent out of the State at the expense of the
owner or the owner's agent.  Such destruction or exclusion shall not be
made the basis of a claim against the department or the inspector for
damage or loss incurred.
	
	(9)  Disposition.  Upon completion of inspection, either at the time
of arrival or at any time thereafter shouldany article be held for
inspection, treatment, or quarantine, the inspector shall affix to the
article or the container or to the delivery order in a conspicuous
place thereon, a tag, label, or stamp to indicate that the article has
been inspected and passed.  This action shall constitute a permit to
bring the article into the State.
	
	(10)Ports of entry.  None of the articles mentioned in this section
shall be allowed entry into the State except through the airports and
seaports in the State designated and approved by the board. (b)  For
the purposes of this section: 	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 4.  Section 184-34, Hawaii Revised Statutes, is amended to
read as follows:
	
	"¤188-34  Fishing in Honolulu harbor, Hilo harbor, restricted.  It
is unlawful to take or kill fish by means of any draw, drag, or seine
net in the waters of the harbor of Honolulu; provided that commercial
marine licensees as defined in chapter187A may take bait fish by means
of any draw, drag, or seine net  during periods scheduled by the harbor
master.
	
	It is unlawful to take or kill fish by means of any net in the waters
of that portion of the bay of Hilo bounded by the breakwater, a line
from the outer end of the breakwater to Alealea Point, and the
shoreline from Alealea Point to the inshore end of the breakwater,
provided that commercial marine and pond operators with appropriate
licenses issued by the department of land and natural resources may
take bait fish or pua, or persons may use throw net, opae net, crab
net, or nehu net not longer than fifty feet to take nehu for family
consumption or bait purposes.
	
	For the purposes of this section:
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 5.  Section 188-45, Hawaii Revised Statutes, is amended to
read as follows:
	
	"¤188-45  Nehu and iao, taking prohibited; exceptions.  It is
unlawful for any person to fish for, catch, or take in or from any of
the waters within the jurisdiction of the State any nehuor iao;
provided that any person may lawfully catch nehu for the  person's
family consumption or bait purposes with a net not longer than fifty
feet; and provided further that the department of land and natural
resources may issue to commercial marine licensees, as defined in
chapter 187A, licenses to take nehu, iao, or any other species for
which an open season may be declared by the department for use as bait
only; provided that nehu may be taken by any licensed commercial marine
licensee only if employed on a live-bait tuna boat and only if the
licensee's principal means of livelihood is derived from tuna fishing
and the sale of tuna, and the nehu is not sold to others.  The licenses
may be issued by the department upon terms and conditions the
department may deem necessary to conserve the supply of the fish within
state waters.  The license may be summarily revoked for a violation of
any term or condition thereof, and any or all licenses may be revoked
summarily whenever, in the judgment of the department, the action is
necessary for the conservation of the fish.
	
	Any person whose license has been revoked for violation of the terms
and conditions of the person's license shall not be eligible for
another license until the expiration of one year from the date of
revocation.
	
	For the purposes of this section:
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 6.  Section 201F-3, Hawaii Revised Statutes, is amended by
amending subsection (c) to read as follows:
	
	"(c)  For the purposes of this chapter[, the applicable]:
	
	"Applicable median family income" shall be the median family income
for the county or standard metropolitan statistical area in which the
project is located as determined by the United States Department of
Housing and Urban Development, as adjusted from time to time[.];
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 7.  Section 209-29, Hawaii Revised Statutes, is amended to
read as follows:
	
     "¤209-29  Eligibility for loans.  (a)  Loans may be made to
     individuals, partnerships, corporations, cooperatives, or other business associations, but only if the applicant:
     
	(1)  Suffered loss of or damage to property in a rehabilitation area
	as a result of a state disaster;

	(2)For a commercial loan, had operated an industrial, manufacturing,
	processing, wholesaling, or retailing business, or professional or
	service business, or building rental business, immediately before the
	disaster;

	(3)Presents a suitable program for: 		
		
	(A)Rehabilitation or re-establishment of the applicant's business to
	its predisaster level when applying for a commercial loan; or

	(B)Meeting necessary expenses and satisfying the serious needs of the
	applicant and the applicant's family when applying for a personal
	loan;

	(4)Has reasonable ability to repay the loan; and

	(5)For a commercial loan, presents written evidence that the Small
	Business Administration had declined an application for financial
	assistance under the Small Business Administration Disaster Loan
	Program or has reduced the amount of the loan request; provided that
	the declination was not due to the applicant's having sufficient
	financial resources to rehabilitate the applicant; or

	(6)For a commercial loan, cannot secure any loans from the Small
	Business Administration Disaster Loan Programbecause the making of
	the loans is not covered by the program, and the director of
	business, economic development, and tourism is reasonably satisfied
	that the applicant is not able to secure loans from private lending
	institutions and does not have sufficient financial resources to
	rehabilitate the applicant.

	Paragraph (6) shall be applied in the alternative with respect to
paragraph (5) of this section.
	
	(b)  For the purposes of this section:
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 8.  Section 231-25, Hawaii Revised Statutes, is amended to
read as follows:
	
	"¤231-25  Payment, enforcement of by assumpsit action or by levy and
distraint upon all property and rights to property.  (a)  If any tax be
unpaid when due, the director of taxation may proceed to enforce the
payment of the same, with all penalties, as follows:
	
	(1)  By action in assumpsit, in the director's own name, onbehalf of
	the State, for the amount of taxes and costs, or, if the tax is
	delinquent, for the amount of taxes, costs, penalties, and interest,
	in any district court, irrespective of the amount claimed.  Execution
	may issue upon any judgment rendered in any such action which may
	be satisfied out of any real or personal property of the defendant.

	(2)By levy upon all property and rights to property (except such
	property as is exempt under paragraph (b)(5) of this section)
	belonging to such taxpayer or on which there is a lien, as the
	director may deem sufficient to satisfy the payment of taxes due,
	penalties and interest if any, and the costs and expenses of the
	levy.

	(b)  The following rules are applicable to the levy as provided for in
	paragraph (a)(2) of this section:

	(1)Seizure and sale of property.  The term "levy" as used in this
	section includes the power of distraint and seizure by any means. 
	A levy shall extend only to property possessed and obligations
	existing at the time thereof.  In any case in which the director or
	the director's representative may levy upon property or rights to
	property, the director may seize and sell such property or rights
	to property (whether real or personal, tangible or intangible).

	(2)Successive seizures.  Whenever any property or right toproperty upon
	which levy has been made is not sufficient to satisfy the claim of
	the State for which levy is made, the director or the director's
	representative may, thereafter, and as often as may be necessary,
	proceed to levy in like manner upon any other property liable to levy
	of the person against whom such claim exists, until the amount due
	from the person, together with all expenses, is fully paid.

	(3)  Surrender of property subject to levy.

	(A)  Requirement.  Any person in possession of (or obligated with
	respect to) property or rights to property subject to levy upon which
	a levy has been made shall, upon demand of the director or the
	director's representative, surrender such property or rights (or
	discharge such obligation) to the director or the director's
	representative, except such part of the property or rights as is,
	at the time of such demand, subject to an attachment or execution
	under any judicial process.

	(B)  Extent of personal liability.  Any person who fails or refuses to
	surrender property or rights to property, subject to levy, upon
	demand by the director or the director'srepresentative, shall be
	liable in the person's own person and estate to the State in a sum
	equal to the value of the property or rights not so surrendered, but
	not exceeding the amount of taxes for the collection of which such
	levy has been made, together with costs and interest on such sum at
	the rate of eight per cent a year from the date of such levy.  Any
	amount (other than costs) recovered under this subparagraph shall
	be credited against the tax liability for the collection of which
	such levy was made.

	(C)Penalty for violation.  In addition to the personal liability
	imposed by subparagraph (B), if any person required to surrender
	property or rights to property fails or refuses to surrender such
	property or rights to property without reasonable cause, such person
	shall be liable for a penalty equal to fifty per cent of the amount
	recoverable under subparagraph (B).  No part of such penalty shall
	be credited against the tax liability for the collection of which
	such levy was made.

	(D)Effect of honoring levy.  Any person in possession of (or obligated
	with respect to) property or rights to property subject to levy upon
	which a levy has been made who, upon demand by thedirector or the
	director's representative, surrenders such property or rights to
	property (or discharges such obligation) to the director or the
	director's representative shall be discharged from any obligation
	or liability to the delinquent taxpayer with respect to such property
	or rights to property arising from such surrender or payment.

	(E)  Person defined.  The term "person," as used in subparagraph (A),
	includes an officer or employee of a corporation or a member or
	employee of a partnership, who as such officer, employee, or member
	is under a duty to surrender the property or rights to property, or
	to discharge the obligation.

	(4)  Production of books.  If a levy has been made or is about to be
	made on any property, or right to property, any person having custody
	or control of books or records, containing evidence or statements
	relating to the property or right to property subject to levy, shall,
	upon demand of the director or the director's representative, exhibit
	such books or records to the director or the director's
	representative.

	(5)  Property exempt from levy.  Notwithstanding any other law of the
	State, no property or rights to property shall be exempt from levy
	other than the following:

	(A)Wearing apparel and school books.  Such items of wearing apparel and
	such school books as are necessary for the taxpayer or for members
	of the taxpayer's family.

	(B)Fuel, provisions, furniture, and personal effects.  If the taxpayer
	is the head of a family, so much of the fuel, provisions, furniture,
	and personal effects in the taxpayer's household, and of the arms for
	personal use, livestock, and poultry of the taxpayer, as does not
	exceed $500 in value.

	(C)Books and tools of a trade, business or profession.  So many of the
	books and tools necessary for the trade, business, or profession of
	the taxpayer as do not exceed in the aggregate $250 in value.

	(D)Unemployment benefits.  Any amount payable to an individual with
	respect to the individual's unemployment (including any portion
	thereof payable with respect to dependents) under an unemployment
	compensation law of the United States or the State.

	(E)Undelivered mail.  Mail, addressed to any person, which has not been
	delivered to the addressee.

	(6)Sale of the seized property.
	
	(A)Notice of sale.  The director shall take possession and keep the
	levied property until the sale.  After taking possession, the
	director shall sell the taxpayer's interest in the property at public
	auction after first giving fifteen days' public notice of the time
	and place of the sale by publication at least once in a newspaper,
	published in the district, or by posting the notice in at least three
	public places in the district where the sale is to be held.

	(B)  Assistance in seizure and sale.  The director may require the
	assistance of any sheriff or authorized police officer of any county
	to aid in the seizure and sale of the levied property.  The director
	may further retain the services of any person competent and qualified
	to aid in the sale of the levied property, provided that the consent
	of the delinquent taxpayer is obtained.  Any sheriff or the person
	so retained by the director shall be paid a fair and reasonable fee
	but in no case shall the fee exceed ten per cent of the gross
	proceeds of the sale.  Any person other than a sheriff so retained
	by the director to assist the director may be required to furnish
	bond in an amount to be determined by the director.  The feesand the
	cost of the bond shall constitute a part of the costs and expenses
	of the levy.

	(C)Time and place of sale.  The sale shall take place within thirty
	days after seizure; provided that by public announcement at the sale,
	or at the time and place previously set for the sale, it may be
	extended for one week.  Any further extension of the sale shall be
	with the consent of the delinquent taxpayer.  The sale shall, in any
	event, be completed within forty-five days after seizure of the
	property.

	(D)Manner and conditions of sale.  Sufficient property shall be sold to
	pay all taxes, penalties, interest, costs, and expenses.  On payment
	of the price bid for any property sold, the delivery thereof with a
	bill of sale from the director shall vest the title of the property
	in the purchaser.  No charge shall be made for the bill of sale.  All
	surplus received upon any sale after the payment of the taxes,
	penalties, interest, costs, and expenses, shall be returned to the
	owner of the property sold, and until claimed shall be deposited with
	the department subject to the order of the owner.  Any unsold portion
	of the property seized may be left at the place of sale at the risk
	of the owner.

	(E)Redemption of property.  If the owner of the property seized
	desires to retain or regain possession thereof, the owner may give
	a sufficient bond with surety to produce the property at the time and
	place of sale, or pay all taxes, penalties, interest, costs and
	expenses.

	(c) For the purposes of this section:
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 9.  Section 321-123, Hawaii Revised Statutes, is amended to
read as follows:
	
	"¤321-123  Financial assistance; eligibility standards.  (a)  The
department of health shall extend financial assistance under this part
to aid in offsetting:
	
	(1)  Expenses directly incurred in dialysis or any other medical or
	surgical procedures necessary for the care and treatment of chronic
	renal disease; and

	(2)  The cost of purchasing and installing home dialysis equipment and
	the supplies therefor.

	(b)  The department shall establish standards of eligibility for
financial assistance under this part which, taking into consideration
the total funds available under this part and the number of sufferers
needing financial assistance, seek to minimize, to the greatest extent
possible, the effect of chronic renal disease on the economic
well-being of the sufferer and the sufferer's family.  In determining
eligibility for financial assistance under this part, the department
shall consider the financial resources of the patient, the availability
of third party reimbursement for all or part of the expense of the care
and treatment of the sufferer, and the extent to which the failure to
extend financial assistance under this part would affect the sufferer
and the sufferer's family; provided that the financial assistance
extended under this part shall not be used to reduce assistance
payments from the department of human services to which the sufferer or
the sufferer's family is otherwise entitled.
	
	(c)  For the purposes of this section:
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."	SECTION 10.  Section 321-351,
Hawaii Revised Statutes, is amended by adding two new definitions to be
appropriately inserted and to read as follows:
	
	""Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together.
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 11.  Section 323-51, Hawaii Revised Statutes, is amended to
read as follows:
	
	"[[]¤323-51[]]  Animal therapy.  Animals of the kind commonly kept
as household or family pets may be brought into long term health care
facilities for the purpose of visiting patients therein.  The
institution shall determine whether an animal is suitable for
visitation, the location where the visit may take place, and the
policies governing the visit.  At the discretion of the institution,
the animal owner may be required to produce written documentation from
a veterinarian attesting to the animal's good health, before visitation
is permitted.

    For the purposes of this section:
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 12.  Section 327-3, Hawaii Revised Statutes, is amended to
read as follows:
	
	"¤327-3  Making, revoking, and objecting to anatomical gifts, by
others.  (a)  Any member of the following classes of persons, in the
order of priority listed, may make an anatomical gift of all or a part
of the decedent's body for an authorized purpose, unless the decedent,
at the time of death, has made an unrevoked refusal to make that
anatomical gift:

	(1)The spouse of the decedent or[;] adult family member who lived with
	the decedent just prior to death as defined in subsection (f);

	(2)An adult son or daughter of the decedent;

	(3)Either parent of the decedent;

	(4)An adult brother or sister of the decedent;

	(5)A grandparent of the decedent; and

	(6)A guardian of the person of the decedent at the time of death.

	(b)  An anatomical gift may not be made by a person listed in
subsection (a) if:
	
	(1)A person in a prior class is available at the time of death to make
	an anatomical gift; (2)The person proposing to make an anatomical
	gift knows of a refusal or contrary indications by the decedent; or

(3)  The person proposing to make an anatomical gift knows of an
	objection to making an anatomical gift by a member of the person's
	class or a prior class.

	(c)  An anatomical gift by a person authorized under subsection (a)
shall be made by:
	     
	(1)  A document of gift signed by the person; or

	(2)  The person's telegraphic, recorded telephonic, or other recorded
	message, or other form of communication from the person that is
	contemporaneously reduced to writing and signed by the recipient.

	(d)  An anatomical gift by a person authorized under subsection (a)
may be revoked by any member of the same or a prior class if, before
procedures have begun for the removal of a part from the body of the
decedent, the physician, surgeon, technician, or enucleator removing
the part knows of the revocation.
	
	(e)  A failure to make an anatomical gift under subsection (a) is not
an objection to the making of an anatomical gift.
	
	(f)  For the purposes of this section:
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 13.  Section 334-59, Hawaii Revised Statutes, is amended by
amending subsection (d) to read as follows:
	
	"(d)  Emergency hospitalization.  If the physician or the
psychologist who performs the emergency examination has reason to
believe that the patient is:
	
	
	(1)Mentally ill or suffering from substance abuse;

(2)Imminently dangerous to self or others, or is gravely disabled, or
	is obviously ill; and

(3)In need of care or treatment, or both; the physician or the
	psychologist may direct that the patient be hospitalized on an
	emergency basis or cause the patient to be transferred to another
	psychiatric facility for emergency hospitalization, or both.  The
	patient shall have the right immediately upon admission to telephone
	the patient's guardian or a family member or an adult friend and an
	attorney.  If the patient declines to exercise that right, the staff
	of the facility shall inform the adult patient of the right to waive
	notification to the family and shall make reasonable efforts to
	ensure that the patient's guardian or family is notified of the
	emergency admission but the patient's family need not be notified
	if the patient is an adult and requests that there be nonotification.
	 The patient shall be allowed to confer with an attorney in private. 
	    
	For the purposes of this section:
	
	"Economic expenses of life" means the cost of the daily necessities
of life including the cost food, housing and clothing.  It shall be
considered sharing the expenses of life if only one person pays the
entire costs of the economic expenses of life for two or more people
living together; and
	
	"Family" shall include those people who share a house or apartment
and the economic expenses of life."
	
	SECTION 14.  Statutory material to be repealed is bracketed.  New
statutory material is underscored.
	
	SECTION 15.  This Act shall take effect upon its approval.
	
                   INTRODUCED BY:________________________

	Appendix E	Reports and Studies	Table of Contents