HOUSE OF REPRESENTATIVES

THE TWENTY-FOURTH LEGISLATURE

REGULAR SESSION OF 2007

 

COMMITTEE ON JUDICIARY

Rep. Tommy Waters, Chair

Rep. Blake K. Oshiro, Vice Chair

 

Rep. Kirk Caldwell

Rep. Joseph M. Souki

Rep. Cindy Evans

Rep. Clift Tsuji

Rep. Josh Green, M.D.

Rep. Ryan I. Yamane

Rep. Ken Ito

Rep. Kyle T. Yamashita

Rep. Sylvia Luke

Rep. Barbara C. Marumoto

Rep. Angus L.K. McKelvey

Rep. Kymberly Marcos Pine

Rep. Hermina M. Morita

Rep. Cynthia Thielen

Rep. Alex M. Sonson

 

 

NOTICE OF HEARING

 

DATE:

Tuesday, February 27th, 2007

TIME:

2:00pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 845

HD1

(HSCR556)

RELATING TO SHARK FEEDING.

Changes ban on all shark feeding activities to prohibit all commercial shark feeding activity, including soliciting and advertising, in the state or state waters. (HB839 HD1)

 

WLH, JUD

HB 747

RELATING TO JURY SERVICE.

Allows dentists to claim an exemption from jury service.

 

JUD

HB 1830

HD1

(HSCR608)

RELATING TO CHILD PROTECTION.

Provides immunity from prosecution for leaving an unharmed newborn at certain safe havens within 72 hours of birth.  Provides immunity from liability for personnel at the safe havens for receiving a newborn.  Requires safe haven personnel to make an effort to obtain information on the infant.  (HB1830 HD1)

 

HSH/HLT, JUD

HB 931

(HSCR597)

RELATING TO MOPEDS.

Exempts certain three wheeled mopeds from passenger and seating restrictions on the operation of mopeds.

 

TRN, JUD

HB 1814

(HSCR483)

RELATING TO FAMILY COURT.

Allows the legislature to request reports from the board of family court judges.

 

LMG, JUD

HB 1773

RELATING TO ELECTIONS.

Authorizes elections commission to investigate absentee voter violations and request the attorney general or appropriate county prosecutor to prosecute violations of absentee voter law.

 

JUD

HB 1832

(HSCR581)

RELATING TO OUTDOOR ADVERTISING.

Limits the size of outdoor advertising displays on residential property.

 

WLH, JUD

HB 1833

(HSCR511)

RELATING TO UNFAIR BUSINESS PRACTICES.

Prohibits person or entity requiring a bid, payment, or performance bond from designating a particular surety from whom the bond is to be obtained.

 

CPC, JUD

HB 18

(HSCR499)

RELATING TO EDUCATION.

Authorizes the teacher standards board to suspend its policies, rules, and standards when extenuating circumstances require.

 

EDN, LAB, JUD

HB 670

HD1

(HSCR659)

RELATING TO INFORMATION PRACTICES.

Provides a qualified exemption to the University of Hawaii and the University of Hawaii Foundation from disclosure of donor information.

 

HED, JUD

HB 1503

(HSCR135)

RELATING TO EMPLOYMENT.

Amends definitions of "closing", "covered establishment", and "employer".  Requires employer to notify employees of divestiture.  Imposes penalties for failure to notify employees of business closing.

 

LAB, JUD

HB 1750

HD1

(HSCR646)

RELATING TO PUBLIC EMPLOYMENT.

Removes the requirement that applicants for state or county public employment must be a resident of Hawaii at the time of application. (HB1750 HD1)

 

LAB, JUD

HB 1518

(HSCR437)

RELATING TO DESIGN PROFESSIONALS.

Requires the filing of a certificate of merit with any complaint filed against a design professional for the failure to meet the standard of care; and requires the filing of a preliminary expert opinion affidavit.

 

CPC, JUD

HB 375

(HSCR240)

RELATING TO PEDESTRIANS' RIGHT OF WAY.

Clarifies a driver's duty to stop or yield the right of way to a pedestrian in a crosswalk when traffic-control signals are not in place or not in operation.

 

TRN, JUD

HB 527

HD1

(HSCR664)

RELATING TO TOBACCO.

Prohibits the sale and distribution of flavored tobacco products.  Prohibits sale of cigarettes from self-service displays.  Defines "self-service displays".  Clarifies definition of "cigarette vending machine".  Changes amount of fine from $1,000 per day to unspecified amounts for first and subsequent offenses.  Prohibits smoking statewide on public beaches and in public parks.  (HB527 HD1)

 

HLT, JUD

HB 1608

(HSCR324)

RELATING TO TRANSPORTATION.

Allows for the establishment of traffic emergency zones to provide highway access to designated areas.

 

TRN/PSM, JUD

HB 1609

(HSCR600)

RELATING TO HIGHWAYS.

Excludes repairs or maintenance to existing state highways from county special management area permit requirements when the repair is necessary to preserve or regain the integrity of the road or highway.

 

TRN, JUD

HB 1246

RELATING TO METAL.

Establishes the offense of theft of copper.  Adds special requirements for the purchase of copper by scrap dealers and to hold scrap dealers accountable for violations.

 

JUD

HB 408

HD1

(HSCR586)

RELATING TO AGRICULTURE.

Prohibits any industrial, commercial, or residential development or infrastructure serving the development within          feet from the property line of any farming operation. (HB408 HD1)

 

WLH/AGR, JUD

HB 1155

(HSCR459)

RELATING TO CRIMINAL PROPERTY DAMAGE.

Clarifies calculation of criminal property damages to agricultural products.

 

AGR, JUD

HB 659

HD1

(HSCR356)

RELATING TO TARO.

Establishes the taro plant as the state plant.

TAC/WLH, JUD

HB 1707

(HSCR538)

RELATING TO PROTECTION OF CAVES.

Exempts the Office of Hawaiian Affairs, the appropriate Island Burial Council, and recognized descendants of burials located within the land parcel on which the cave is located from confidentiality of cave location or resources.

 

WLH, JUD

HB 1499

HD1

(HSCR677)

RELATING TO OCEAN RESOURCES.

Authorizes administrative inspections of bags and containers used to carry aquatic life, or vehicles or conveyances to transport aquatic life; repeals the probable cause requirement; directs the department of land and natural resources to create an administrative search scheme. (HB1499 HD1)

 

WLH, JUD

HB 888

RELATING TO CRIME.

Short form bill relating to crime.

 

JUD

 

DECISION MAKING TO FOLLOW

 

The following measures are for decision making only, no public testimony will be accepted.

 

 

HB 304

RELATING TO LEGISLATIVE VACANCIES.

Requires the Governor, in filling vacancies in the Senate, House of Representatives, and U.S. Senate, to select from a list of three prospective appointees nominated by the political party of the prior incumbent.  Requires prospective appointees to be registered members of nominating political parties for at least six months prior to the appointment.  Effective on approval.

 

JUD

HB 373

(HSCR2)

RELATING TO SCRAP DEALERS.

Requires scrap seller or scrap seller's agent to disclose the location from which and party from whom scrap was obtained prior to sale to a scrap dealer; increases penalties for violation.

 

CPC, JUD

HB 676

RELATING TO ANIMALS.

Creates a new offense of aggravated cruelty to pet animals.  Provides penalties.

 

JUD

HB 451

RELATING TO GRAFFITI.

Increases penalties for graffiti.

 

JUD

HB 683

RELATING TO PROPERTY DAMAGE.

Eliminates the requirement that a conviction have occurred within the 5 years preceding the current offense to be considered a prior offense for purpose of aggravated criminal property damage.

 

JUD

HB 330

RELATING TO PROSTITUTION.

Makes a third and subsequent conviction for prostitution and loitering to engage in or advance prostitution a class C felony.

 

JUD

HB 1784

HD1

(HSCR536)

RELATING TO CRIME.

Creates the offense of human trafficking.  (HB1784 HD1)

 

HSH, JUD

HB 1234

RELATING TO TESTIMONY.

Adopts a uniform standard based on the Federal Rules of Evidence for ensuring the admissibility of reliable, trustworthy, and relevant lay and expert testimony in a judicial proceeding.

 

JUD

HB 1253

RELATING TO THE HAWAII RULES OF EVIDENCE.

Allows individuals, corporations, and government entities to offer apologies or other expressions of sympathy without fear of such gestures being used against them to establish civil liability.

 

JUD

 

 

The following measure has been previously decided upon and is being reconsidered, no public testimony will be accepted.

 

HB 1210

RELATING TO JURORS AND PROSPECTIVE JURORS.

Updates and clarifies definitions.  Streamlines and affords greater flexibility to the courts to determine the most efficient and effective procedures for selecting, qualifying, summoning, managing, and compensating prospective jurors and jurors.  Repeals obsolete provisions.

 

JUD

 

 

PERSONS WISHING TO TESTIFY ARE REQUESTED TO SUBMIT 40 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.

 

IT IS ALSO REQUESTED THAT THE COPIES BE ON ONE SIDE OF AN 8‑1/2" X 11" SHEET WITH TWO HOLES PUNCHED AT THE TOP.  FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586‑6340.

 

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.  PROMPT REQUESTS SUBMITTED HELP TO ENSURE THE AVAILABILITY OF QUALIFIED INDIVIDUALS AND APPROPRIATE ACCOMMODATIONS.

 

SELECTED HEARINGS ARE BROADCAST  LIVE.  CHECK THE CURRENT LEGISLATIVE BROADCAST SCHEDULE ON THE "CAPITOL TV" WEB SITE AT WWW.CAPITOLTV.ORG OR CALL 550-8074 FOR A LISTING.

 

 

 

 

 

________________________________________

Rep. Tommy Waters

Chair