THE SENATE

THE TWENTY-THIRD LEGISLATURE

REGULAR SESSION OF 2005

COMMITTEE ON JUDICIARY AND HAWAIIAN AFFAIRS

Senator Colleen Hanabusa, Chair

Senator Clayton Hee, Vice Chair

NOTICE OF HEARING

DATE:

Tuesday, March 1, 2005

TIME:

9:00 a.m.

PLACE:

Conference Room 229

State Capitol

415 South Beretania Street

A G E N D A

SB 1476

SD1

(SSCR159)

RELATING TO FIREWORKS.

Clarifies fireworks terminology to be consistent with federal law; repeals and amends definitions. (SD1)

IGA, JHW

SB 1548

(SSCR52)

RELATING TO COUNTY ETHICS COMMISSIONS.

Provides standards for the selection of county ethics commission members to ensure their impartiality and independence.

IGA, JHW

SB 1345

SD1

(SSCR83)

RELATING TO CONDOMINIUMS.

Repeals limitation on issues that may be considered in administrative hearing of condominium dispute and allows any issue considered in preceding mediation to be adjudicated. (SD1)

CPH, JHW

SB 1135

(SSCR14)

RELATING TO INTEREST AND USURY.

Clarifies permissible credit card interest rates. Defines "interest" to include credit card fees and charges.

CPH, JHW

SB 702

SD1

(SSCR597)

RELATING TO ANTITRUST.

Makes antitrust laws governing mergers and acquisitions applicable to all business entities. Authorizes court to order divestiture of assets to avoid lessening of competition. Allows private plaintiffs to seek injunctive relief to prevent threatened or incipient injury. (SD1)

CPH, JHW

SB 743

SD1

(SSCR610)

RELATING TO THE UNIFORM SECURITIES ACT.

Adopts the 2002 Uniform Securities Act and makes conforming amendments. (SD1)

CPH, JHW

SB 744

SD1

(SSCR23)

RELATING TO BUSINESS REGISTRATION.

Clarifies ambiguities and corrects errors in business registration laws. (SD1)

CPH, JHW

SB 121

(SSCR243)

RELATING TO BREWPUB LICENSES.

Amends brewpub licensing law to authorize brewpubs to sell malt beverages in recyclable containers, rather than just glass containers. Authorizes brewpubs to directly sell malt beverages in brewery-sealed containers to class 2 restaurant licensees.

BED/EIA, JHW

SB 781

(SSCR120)

RELATING TO ENFORCEMENT OF QUARANTINE.

Clarifies that police officers and sheriffs have the authority and duty to enforce quarantine orders when required by the Department of Health.

HTH, JHW

SB 427

SD1

(SSCR92)

RELATING TO CHILD PASSENGER SAFETY.

Requires child safety seat or booster seat usage for children over four years by less than eight years old; defines "restrained". (SD1)

TGO, JHW

SB 130

SD1

(SSCR363)

RELATING TO INVOLUNTARY PSYCHIATRIC TREATMENT.

Establishes a streamlined judicial process by which the DOH can seek a court order to permit involuntary medication of mental health patients to ensure safety in DOH operated or funded psychiatric inpatient facilities. (SD1)

HTH, JHW

SB 1540

SD1

(SSCR556)

RELATING TO MENTAL HEALTH.

Allows parents or guardians to admit individuals under the age of eighteen to nonemergency psychiatric treatment facilities without the consent or countersignature of the individual. (SD1)

HTH/HMS, JHW

SB 757

SD1

(SSCR555)

RELATING TO TORTS.

Imposes limitations on awards of noneconomic damages in medical tort actions. Imposes premium rate caps on insurers providing professional liability insurance. Repeals the limitation on noneconomic damages if an insurer does not comply with the premium rate caps. (SD1)

HTH, JHW

SB 685

RELATING TO APPELLATE JURISDICTION.

Authorizes immediate appeals from orders regarding preliminary injunctions and from denials of sovereign, absolute, or qualified immunity.

JHW

SB 684

RELATING TO TORT ACTIONS.

Reiterates the underlying intent of the discretionary function and the intentional tort exception to the State's waiver of sovereign immunity for the torts of its employees. Provides the State with immunity when it exercises its discretion in planning and design activities. Clarifies section 663-10.5, which limits the liability of government entities to that percentage share of damages attributable to the entities.

JHW

SB 1484

(SSCR280)

RELATING TO PRIVATE ROAD MAINTENANCE.

Requires owners of private roads to maintain their roads pursuant to agreement or in equal shares in absence of agreement.

TGO/IGA, JHW

SB 694

SD1

(SSCR60)

RELATING TO THE DISPOSITION OF VEHICLES, VESSELS, AND AIRCRAFT.

Expressly provides an owner, lien holder, or other person with interest in a derelict or abandoned vehicle, vessel, or aircraft with notice and the opportunity to request a post-custodial administrative hearing before disposition of the vehicle, vessel, or aircraft. (SD1)

TGO, JHW

Decision Making to follow, if time permits.

Persons wishing to testify should submit 25 copies of their testimony, three-hole punched, to the committee clerk, Room 227, State Capitol, 24 hours prior to the hearing. Testimony may also be faxed if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), at least 24 hours prior to the hearing. When faxing, please indicate to whom the testimony is being submitted, the date and time of the hearing, and the required number of copies needed for submittal.

If you require special assistance or auxiliary aids or services to participate in the public hearing process (i.e., sign language interpreter, wheelchair accessibility, or parking designated for the disabled) please contact the committee clerk 24 hours prior to the hearing so arrangements can be made.

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-7793.

 

 

______________________________________

Senator Colleen Hanabusa

Chair