HOUSE OF REPRESENTATIVES

THE TWENTY-THIRD LEGISLATURE

REGULAR SESSION OF 2005

COMMITTEE ON JUDICIARY

Rep. Sylvia J. Luke, Chair

Rep. Blake K. Oshiro, Vice Chair

Rep. Kirk Caldwell

Rep. Alex M. Sonson

Rep. Robert N. Herkes

Rep. Joseph M. Souki

Rep. Ezra R. Kanoho

Rep. Barbara Marumoto

Rep. Hermina M. Morita

Rep. Cynthia Thielen

NOTICE OF HEARING

DATE:

Thursday, February 24, 2005

TIME:

2:00 p.m.

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

A G E N D A

HB 887

(HSCR564)

RELATING TO LEGISLATIVE INQUIRIES.

Assists the Legislature in its fact-finding and promotes complete and truthful disclosure by prohibiting the payment of salaries of state employees who coerce, intimidate, or otherwise prevent subordinates from sharing public information at legislative hearings or in response to other legislative functions.

LAB, JUD

HB 762

(HSCR491)

RELATING TO HAWAII WORKSITE TEMPORARY RESTRAINING ORDER ACT.

Establishes a mechanism for employers to obtain temporary restraining orders to protect against harassment at the worksite.

LAB, JUD

HB 540

HD1

(HSCR624)

RELATING TO CHILD PROTECTION.

Provides immunity from prosecution for leaving an unharmed newborn at a hospital, fire station, or police station within 72 hours of birth. Provides immunity from liability for hospitals, fire stations, and police stations for receiving a newborn. Requires medical history from person relinquishing newborn. (HB540 HD1)

HLT/HUS, JUD

HB 868

HD1

(HSCR399)

RELATING TO CEMETERIES.

Requires a cemetery authority to file with DCCA a map of cemetery plots, crypts, and niches, and unique identifiers locating the deceased interred therein, to be annually updated. Makes the unique identifier a part of cemetery or funeral authority contract disclosure requirements. Makes cemetery or funeral authority books subject to examination by the DCCA Director as provided by law. Effective July 1, 2099. (HB868 HD1)

CPC, JUD

HB 1450

HD1

(HSCR565)

RELATING TO CIVIL RIGHTS.

Prohibits discrimination on the basis of gender identity and expression as a public policy matter and specifically with regard to employment. (HB1450 HD1)

LAB, JUD

HB 1715

RELATING TO CIVIL RIGHTS.

Prohibits discrimination in real property transactions on the basis of gender identity or expression, and sexual orientation. Prohibits discrimination in blockbusting on the basis of gender identity or expression, sexual orientation, and familial status.

JUD

HB 883 HD1

(HSCR448)

(Proposed)

Copies can be picked up in Room 302

RELATING TO LANDLORD LIABILITY.

Expands rights and remedies under the nuisance law.

HSG, JUD

     

HB 98

HD1

(HSCR471)

RELATING TO KAHULUI HARBOR.

Prohibits net fishing in Kahului harbor. (HB98 HD1)

TRN/WLO, JUD

     

HB 895

HD1

(HSCR555)

RELATING TO COASTAL LIGHT POLLUTION.

Prohibits artificial light that directly illuminates the shoreline and ocean waters, is visible from the beach, or causes a direct or indirect glare when trespassing across property boundaries toward the shoreline and ocean waters. Directs special management area authorities to minimize light trespass. (HD1)

EEP/WLO, JUD

HB 1441

RELATING TO LAND USE.

Clarifies the process to appeal county land use decisions.

WLO, JUD

HB 1442

HD1

(HSCR475)

RELATING TO LATERAL PUBLIC ACCESS.

Establishes an additional requirement for county ordinances to require a subdivider or developer to provide public access from a public highway or public streets to also connect existing or proposed access points with each other, so the public can easily and safely traverse shoreline areas. (HB1442 HD1)

WLO, JUD

HB 1430

HD1

(HSCR417)

RELATING TO SOLID WASTE CONTROL.

Applies the offense of petty misdemeanor disposal of solid waste to the illegal disposal of volumes equal to or greater than 1 cubic yard and less than 10 cubic yards. (HD1)

EEP, JUD

HB 712

HD1

(HSCR361)

RELATING TO VIOLATIONS OF CHAPTER 6E.

Establishes criminal offenses for knowingly taking, appropriating, excavating, injuring, destroying or altering historic property and aviation artifacts without permission, and burial sites without permission or without obtaining required approval; establishes a criminal offense for knowingly failing to stop work in the immediate area and reporting the discovery in cases where a burial site is discovered. (HB712 HD1)

WLO/HAW, JUD

HB 1291

RELATING TO THE HAWAII RULES OF EVIDENCE.

Establishes requirements to admit into evidence, the testimony of a witness who has previously undergone hypnosis.

JUD

HB 1709

RELATING TO CRIMINAL PROPERTY DAMAGE.

Creates the class C felony offense of aggravated criminal property damage for intentional damage to the property of another if the person has 2 or more convictions for criminal property damage in the 3rd or 4th degree in the preceding 5 years.

JUD

HB 1710

RELATING TO PROPERTY DAMAGE.

Creates enhanced sentencing for repeat lower level graffiti/ property damage offenders.

JUD

HB 806 HD1

(Proposed)

Copies can be picked up in Room 302

RELATING TO CRIMINAL TRESPASS.

Repeals amendments to section 708-814, Hawaii Revised Statutes, by Act 50, Session Laws of Hawaii 2004, and establishes a new petty misdemeanor offense of criminal trespass onto public parks and recreational grounds.

JUD

HB 1768

RELATING TO OFFENDER REGISTRATION.

Revises sex offender registration requirements and provisions relating to public access to registration information.

JUD

HB 974 HD1

(Proposed)

Copies can be picked up in Room 302

RELATING TO SEX OFFENDER REGISTRATION.

Amends the current registration and public access laws governing sex offenders and offenders against children.

JUD

     

HB 771

RELATING TO SEXUAL OFFENDERS.

Provides that repeat sexual offenders who have been convicted on two prior and separate occasions for an offense under section 707-730, 707-731, 707-732, or 707-733.5 shall be placed on lifetime parole upon release from prison.

JUD

DECISION MAKING TO FOLLOW

THE FOLLOWING BILLS ARE FOR DECISION MAKING ONLY

NO PUBLIC TESTIMONY WILL BE ACCEPTED

HB 318

RELATING TO THEFT.

Provides that an individual caught with stolen property belong to three or more persons commits felony theft.

JUD

HB 1734

RELATING TO DRUGS.

Repeals section 46-15.39, Hawaii Revised Statutes, returning traditional zoning regulatory authority in residential zones back to the counties.

JUD

HB 553

RELATING TO THE UNIFORM INFORMATION PRACTICES ACT (MODIFIED).

Allows agencies to withhold certain personal identifying information, such as home addresses and social security numbers, in records required to be disclosed under section 92F-12 (a), where disclosure of the information would be a clearly unwarranted invasion of personal privacy.

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.

WHEN SUBMITTING TESTIMONY ON MULTIPLE BILLS, PLEASE SUBMIT SEPARATE PIECES OF TESTIMONY FOR EACH BILL YOU WILL BE TESTIFYING ON.

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 586-8530.

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.

 

 

________________________________________

Rep. Sylvia Luke

Chair