BILLS THAT PASSED, OR FAILED, AT THE LEGISLATURE
Consumer protection

Advertiser Staff

Cap gasoline prices
(SB 2179 SD2 HD1 CD1)
Authorizes the state Public Utilities Commission to cap retail and wholesale gasoline prices, based on an index of West Coast gas prices. The price caps must include allowances to cover the cost of marketing, transportation and a Neighbor Island differential. Violators of the wholesale caps would be subject to fines of $250,000 or more per violation, while retailers would be subject to fines of $25,000 or more per violation. The price caps would take effect in 2004, and Gov. Ben Cayetano is expected to sign the bill into law.

Health insurance
(HB 1761 HD1 SD2 CD1)
Prohibits health insurance rates that are excessive, inadequate or unfairly discriminatory. Requires health insurers to submit rate filings for approval by the insurance commissioner, and to disclose the methods they use to set those rates. Gov. Ben Cayetano is expected to sign the bill into law.

Safety checks
(SB 2422 SD2 HD2)
Exempts vehicles less than two years old from safety inspections.

Genetic testing
(SB 2180 SD2 HD1)
Prohibits discrimination by employers based on a person's genetic information, and prohibits health insurers from denying or limiting health coverage based on genetic testing.

Prison sites
(HB 2382 HD1 SD2 CD1)
Requires the governor to notify the public of each proposed site for construction of a new prison or expansion of an existing prison and allows at least 60 days for public comment.

Anti-trust
(SB 1320 SD2 HD1)
Allows anyone to bring a class action claim on behalf of indirect purchasers alleging anti-trust violations, provided the state attorney general is notified of the suit in advance. Currently only the attorney general can file such suits.

Lease negotiations
Would have required landlords during lease renegotiations to grant tenants a one-time adjustment of rent for leases negotiated after 1990. The adjustment would result in a rent based on fair market value even if that is lower than existing rent, and even if the lease bars the lowering of rent during renegotiation.

Property condemnation
Would have restricted the eminent domain powers of the counties to ensure that private property, if required, is acquired only for public uses and not for private use.

Alcohol warning
Would have required premises licensed to sell liquor to post warnings that drinking while pregnant may cause birth defects.

Booster seats
Would have required that children be restrained in a child car seat or booster seat until they are at least six years old. Currently children must be in child car seats until they are four.

Phones and driving
Would have banned the use of hand-held cellular telephones while driving.

Telemarketing
Would have allowed consumers to put their names and numbers on a state "no sales solicitation" list, and telemarketers would be prohibited from calling those numbers. Consumers would have to pay a fee of $5 a year to remain on the list.

Cell phone oversight
Would have exempted companies with exclusive wireless telecommunications licenses from the Federal Communications Commission from additional oversight by the state Public Utilities Commission.

Non-profit oversight
Would have given the state attorney general authority over non-profit corporations, and require non-profits to file copies of their federal tax returns with the attorney general.