HOUSE OF REPRESENTATIVES

THE TWENTY-THIRD LEGISLATURE

REGULAR SESSION OF 2006

COMMITTEE ON JUDICIARY

Rep. Sylvia Luke, Chair

Rep. Blake K. Oshiro, Vice Chair

Rep. Kirk Caldwell

Rep. Alex M. Sonson

Rep. Ezra R. Kanoho

Rep. Joseph M. Souki

Rep. Jon Riki Karamatsu

Rep. Barbara C. Marumoto

Rep. Hermina M. Morita

Rep. Cynthia Thielen

NOTICE OF HEARING

DATE:

Thursday, February 9, 2006

TIME:

2:30 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

A G E N D A

HB 3217

RELATING TO KUPUNA RECOGNITION DAY.

Establishes Kupuna Recognition Day; appropriates funds.

JUD, FIN

HB 1982

HD1

(HSCR16-06)

RELATING TO THE STATE FISH.

Permanently establishes the humuhumunukunukuapua‘a (rhinecanthus rectangulus) as the official fish of the State, effective July 1, 2008. (HB1982 HD1)

WLO, JUD

HB 2060

HD1

(HSCR20-06)

RELATING TO HEALTH.

Requires recipients of state funding that provide information or offer programs regarding sex information to provide medically accurate, factual information that is age-appropriate and includes information on both abstinence and contraception.

HLT, JUD, FIN

HB 2212

(HSCR33-06)

RELATING TO SUBSTANCE ABUSE.

Makes permanent provisions allowing a child who violates the zero tolerance policy for drugs and alcohol in public schools to return to school earlier than indicated in the original disciplinary determination following the completion of a substance abuse assessment and related treatment or counseling. Requires public schools to screen students facing substance abuse-related discipline to determine if there is a need for a substance abuse assessment referral. Requires the parent or legal guardian of a child facing discipline but who has been assessed as not needing treatment to consent to follow-up counseling for the child's family. Requires school administrators to review and determine the nature and severity of the child's offense, its impact on others, the offender's age, and whether the child is a repeat offender. Allows certified substance abuse counselors to conduct substance abuse assessments qualifying individuals for substance abuse-related insurance benefits. Requires assessments to be completed within ten days for children facing substance abuse-related school discipline.

EDN/HLT, JUD, FIN

HB 2213

(HSCR34-06)

MAKING AN APPROPRIATION FOR SUBSTANCE ABUSE ASSESSMENTS FOR UNINSURED STUDENTS.

Establishes an "assessment bank" to cover the cost of substance abuse assessments for uninsured students who are found to be in violation of the department of education's zero tolerance policy relating to alcohol and other drugs. Makes appropriation.

EDN/HLT, JUD, FIN

HB 2443

(HSCR54-06)

RELATING TO THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT.

Ratifies the Emergency Management Assistance Compact and allows Hawaii to become a member.

PSM, JUD, FIN

HB 2707

(HSCR74-06)

RELATING TO OUTDOOR ADVERTISING.

Prohibits advertising on a vehicle engaged in business when the vehicle is operated or parked in a public place, or private place if viewed from a public place, if the primary purpose is advertising.

EDB, JUD

HB 2708

HD1

(HSCR75-06)

RELATING TO ADVERTISING.

Prohibits commercial advertising for consideration on vehicles. (HB2708 HD1)

EDB, JUD

HB 3016

RELATING TO UNSERVED ARREST WARRANTS.

Provides amnesty from prosecution or license suspension or revocation for minor traffic offenses when those offenses are pending at a time when the offender is sentenced to prison.

JUD

HB 3014

RELATING TO BAIL.

Regulates persons who apprehend bail fugitives. Establishes qualifications. Establishes requirements and prohibits certain practices for fugitive apprehension. Establishes penalty for violations. Permits surrender of a defendant by a bail bond agent only if the defendant has violated a condition of the bond.

JUD

HB 2895

RELATING TO LIMITATION OF ACTIONS.

Extends the statute of limitations for a civil action based on child sex abuse to 20 years after the victim reaches age of majority. Provides a 1-year window to bring an action for child sex abuse if the extended statute of limitations has expired, provided that no more than 35 years has passed since the victim reached the age of majority.

JUD

HB 2250

RELATING TO TIME LIMITATIONS.

Increases the statute of limitations from 6 years to 10 years for class A felony sexual offenses committed against minors and from 3 years to 6 years for class B and C felony sexual offenses committed against minors.

JUD

HB 2208

RELATING TO COUNTIES.

Extends statute of limitations for actions against a county for damage or injury from 6 months to 2 years.

JUD

HB 3251

RELATING TO COUNTIES.

Permits the counties to identify, by charter, the person to whom claimant should give notice of claim for injuries or damage sustained on public property or as a result of the negligence of county official or employee.

JUD, FIN

HB 1947

RELATING TO LIABILITY.

Clarifies that any decision of the State, the department of transportation, the counties, or any officer, employee, or agent thereof, to select or apply flexible highway design shall not give rise to a cause of action or claim against them.

JUD

HB 1939

HD1

(HSCR43-06)

RELATING TO PUBLIC LANDS.

Requires the Board of Land and Natural Resources to give notice and hold public hearings with respect to the disposition of public lands to any department or agency of the State, county, other political subdivision of the State, or any person in the Senate District where the public land is situated; does not include minor dispositions, including permits, licenses, rights of entry, or grants to state or county departments or agency for roadway or infrastructure improvements. (HB1939 HD1)

WLO, JUD

HB 2112

HD1

(HSCR44-06)

RELATING TO PUBLIC LANDS.

Requires the prior approval of the legislature of any disposition of public lands in fee simple, by lease with option to purchase, or by grant of easement in perpetuity by BLNR or HCDA; remnants and grants to State and county agencies for roadway or infrastructure improvements not included. (HB2112 HD1)

WLO/LMG, JUD, FIN

HB 2177

(HSCR62-06)

PROPOSING AN AMENDMENT TO ARTICLE VII, SECTION 12, OF THE HAWAII STATE CONSTITUTION.

Proposes a constitutional amendment to authorize the State to issue SPRBs and use the proceeds from the bonds to assist agricultural businesses operating on important agricultural land.

AGR, JUD, FIN

HB 2178

(HSCR63-06)

RELATING TO SPECIAL PURPOSE REVENUE BONDS.

Allows the authorization of special purpose revenue bonds for certain agricultural enterprises that construct or renovate irrigation systems or infrastructure that directly benefit and serve important agricultural lands.

AGR, JUD, FIN

HB 2395

(HSCR93-06)

RELATING TO PROTECTION OF FOREST RESERVES.

Establishes general administrative penalties for violations under chapter 183. Increases fines for timber trespass.

WLO, JUD, FIN

HB 1706

HD1

(HSCR77-06)

RELATING TO THE UNIFORM ENVIRONMENTAL COVENANTS ACT.

Provides for environmental covenants for contaminated property to ensure long-term compliance with requirements needed to protect the public and environment when complete removal of contaminants is not feasible, practical, or necessary. (HB1706 HD1)

EEP/WLO, JUD, FIN

HB 2133

(HSCR94-06)

RELATING TO THE NATURAL AREA RESERVE SYSTEM.

Prohibits public vehicular access in Kaena Point natural area reserve.

WLO, JUD

HB 2138

HD1

(HSCR95-06)

RELATING TO COASTAL ZONE MANAGEMENT.

Prohibits artificial lighting in all areas along the shoreline, including single-family districts and structures, including single-family districts and structures. Extends the exemption from prohibition of artificial illumination on shoreline and ocean waters to certain kinds of outdoor lighting for any type of structure in any district. (HB2138 HD1)

WLO, JUD

     

DECISION MAKING TO FOLLOW

 

The following bills are for Decision Making only, No public testimony will be accepted

HB 563

(HSCR73)

RELATING TO MICROORGANISM IMPORT.

Repeals provisions for microorganism import certification for medical or scientific purposes.

AGR, JUD, FIN

HB 2780

RELATING TO THE DISPOSITION OF CONVICTED DEFENDANTS.

Allows a person sentenced for a first-time drug offense prior to 7/01/02, who has a satisfactory record of drug treatment and abstinence and a record free of any criminal conviction, to apply for re-sentencing and expungement of related arrest and conviction records.

JUD

     

 

PERSONS WISHING TO TESTIFY ARE REQUESTED TO SUBMIT 35 COPIES OF THEIR TESTIMONY AT LEAST 24 HOURS PRIOR TO THE HEARING TO: (1) THE COMMITTEE'S VICE CHAIR IN ROOM 422, STATE CAPITOL, OR (2) THE HOUSE SGT.-AT-ARMS TESTIMONY DROP OFF BOX IN THE TURNAROUND AREA OF THE CAPITOL BASEMENT PARKING LOT. TESTIMONY MAY ALSO BE FAXED IF LESS THAN 5 PAGES IN LENGTH TO THE HOUSE SGT.-AT-ARMS OFFICE AT: 586-6501 (OAHU) OR 1-800-535-3859 (NEIGHBOR ISLANDS). WHEN FAXING, PLEASE INDICATE TO WHOM THE TESTIMONY IS BEING SUBMITTED, THE DATE AND TIME OF THE HEARING, AND THE REQUIRED NO. OF COPIES THAT IS NEEDED FOR SUBMITTAL.

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-8530.

IF YOU REQUIRE SPECIAL ASSISTANCE OR AUXILIARY AIDS AND/OR SERVICES TO PARTICIPATE IN THE PUBLIC HEARING PROCESS OF THE STATE HOUSE (I.E., SIGN LANGUAGE INTERPRETER, WHEELCHAIR ACCESSIBILITY, OR PARKING DESIGNATED FOR THE DISABLED), PLEASE CONTACT THE COMMITTEE CLERK AT LEAST 24 HOURS PRIOR TO THE HEARING SO ARRANGEMENTS CAN BE MADE.

SELECTED HEARINGS ARE BROADCAST LIVE ON "O`LELO COMMUNITY TELEVISION" (CHANNELS 52, 53, AND 54). CHECK THE CURRENT LEGISLATIVE BROADCAST SCHEDULE THROUGH THEIR WEB SITE AT WWW.CAPITOLTV.ORG FOR A LISTING.

 

 

________________________________________

Rep. Sylvia Luke

Chair