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:

Tuesday, February 28, 2006

TIME:

2:05 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

A G E N D A

HB 2509

(HSCR308-06)

RELATING TO DRIVER LICENSING.

Provides that conviction or license suspension or revocation for violation of provisional driver licensing law shall not give rise to requirement that person provide proof of financial responsibility.

TRN, JUD

HB 2747

HD1

(HSCR440-06)

RELATING TO DRIVER LICENSING.

Allows the examiner of drivers to issue an instruction permit to an applicant with disabilities who possesses a valid driver's license from another state but who fails to pass a road test to obtain a license under this state. (HB2747 HD1)

TRN, JUD

HB 3037

(HSCR309-06)

RELATING TO DRIVER LICENSING.

Provides that information be made available to a driver's license examiner which pertains to persons under the age of eighteen who have pending violations or proceedings that could result in the suspension or revocation of a driver's license or any pending adjudication for offenses relating to the operation of a motor vehicle.

TRN, JUD

HB 3017

HD1

(HSCR345-06)

RELATING TO TOBACCO PRODUCTS.

Prohibits use of tobacco products by minors. Requires minor to complete tobacco use cessation program for a first offense and to repeat the program, perform community service, and suffer drivers license suspension or revocation for any subsequent offenses. Requires issuance of a citation and provides for disposition in the same manner as a traffic infraction. Gives district court jurisdiction over the offense and the offender. (HB3017 HD1)

HLT, JUD

HB 2897

RELATING TO APPELLATE JURISDICTION.

Changes sunrise date of Act 202, Session Laws of Hawaii 2004, relating to appellate jurisdiction, which makes numerous changes concerning appellate courts, from 7/1/06 to 7/1/07.

JUD

HB 3241

HD1

(HSCR466-06)

RELATING TO THE LAND COURT.

Prohibits private owners of oceanfront property from claiming accreted lands caused by the private landowner's planting and maintaining or otherwise encouraging vegetation on the seaward boundary of the property. (HB3241 HD1)

WLO, JUD

HB 2651

RELATING TO INTOXICATING LIQUOR.

Authorizes the liquor commission to reduce the time from 30 days to 15 days for giving a decision to grant or refuse an application. Allows commission to remove names from registered voter list for lack of residency. Deems an application denied if the commission does not make a decision granting or refusing an application.

JUD

HB 2368

HD1

(HSCR413-06)

RELATING TO PUBLIC HOUSING.

Makes permanent the streamlined public housing evictions process. Exempts families with children, disabled individuals, and the elderly. (HB2368 HD1)

HSG, JUD

HB 2174

HD1

(HSCR327-06)

RELATING TO HEALTH.

Authorizes director of health to enter into environmental covenants and issue orders compelling compliance with environmental covenants. Establishes an administrative penalty for violation of environmental covenants and authorizes state-instituted civil actions to recover penalties that are not paid. (HD1)

EEP/WLO, JUD

HB 3130

(HSCR97-06)

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.

HUS/HLT, JUD

HB 2367

(HSCR530-06)

RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR SERVICE PROVIDERS OF THE OFFICE OF YOUTH SERVICES.

Authorizes the Office of Youth Services to obtain criminal history record information on employees, prospective employees, and volunteers of its contracted providers and subcontractors, in positions that necessitate close proximity to youth when providing services on behalf of the OYS.

LAB/HUS, JUD

HB 3101

RELATING TO CAMPAIGN SPENDING.

Requires businesses, individuals, and organizations to disclose, on the return address of campaign-related material, that the material contained in the mailing is campaign-related.

JUD

HB 3018

HD1

(HSCR480-06)

RELATING TO GOVERNMENT EMPLOYEES.

Provides that, in cases where public employees are convicted, pleads guilty or no contest to, even if the plea is deferred, to having embezzled, stolen or otherwise unlawfully taken, received, or retained, or failed properly to account for, any property or funds belonging to the State or any county or any department, bureau, board, or other agency, public employees be fined four times the amount taken. (HB3018 HD1)

LAB, JUD

     

 

DECISION MAKING TO FOLLOW

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

HB 105

(HSCR68)

RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

Prohibits tenants or guests from unlawfully possessing dangerous, harmful, or detrimental drugs in a dwelling unit or on surrounding premises. Authorizes a summary eviction proceeding for violation of the prohibition, wherein the landlord may rely upon notices or reports issued by law enforcement.

HSG, CPC, JUD

HB 1968

(HSCR73-06)

RELATING TO INTOXICATING LIQUOR.

Requires wine direct shippers to obtain a permit to ship wine to Hawaii residents.

EDB, JUD

HB 2543

RELATING TO CAMPAIGN SPENDING.

Exempts accounting services by treasurer and deputy treasurer from definitions of "contributions" and "expenditures". Clarifies that loans from immediate family members are not subject to certain contribution limits. Establishes conditions under which 2 or more corporations are treated as 1 person for the purposes of campaign contribution limits.

JUD

HB 2677

(HSCR362-06)

RELATING TO MOPEDS.

Requires mopeds to be inspected annually, to display a certificate of inspection, and to be operated only with an exhaust system that meets original manufacturer specifications.

TRN, JUD

HB 2705

RELATING TO OUTDOOR ADVERTISING.

Establishes conditions under which political signs may be displayed on residential property.

JUD

HB 2710

HD1

(HSCR444-06)

RELATING TO NOISE.

Prohibits as disorderly conduct the operation of motorized equipment with noise levels exceeding 120 decibels, including lawn mowers, leaf blowers, and other grounds maintenance or construction equipment, between 7:00 p.m. and 7:00 a.m., any day of the week. (HB2710 HD1)

EEP, JUD

HB 3239

RELATING TO CRUELTY TO ANIMALS.

Authorizes a court to forfeit an animal before trial on cruelty charges. Permits court to allow defendant to post bond in lieu of forfeiture for care of animal pending outcome of proceedings. Authorizes law enforcement officer to enter property to care for or impound animal subjected to cruelty. Provides qualified immunity for officer making entry to impound animal.

JUD

HB 2146

(HSCR24-06)

RELATING TO LAND USE.

Allows agricultural lands used for certain activities to be leased without subdividing the leased land; provided that no residential structure is allowed on the land. The leased land is also exempt from county subdivision ordinances and is not considered an interest in land.

WLO/AGR, JUD

HB 1873

HD1

(HSCR289-06)

RELATING TO PRESCRIPTIONS.

Prohibits the sale or transfer of patient prescription information by certain businesses as an unfair and deceptive act in the conduct of trade or commerce (HB1873 HD1).

CPC/HLT, JUD

HB 2772

(HSCR64-06)

RELATING TO CRIMINAL PROPERTY DAMAGE TO AGRICULTURAL AND AQUACULTURAL PROPERTY.

Increase criminal penalties for damage to agricultural and aquacultural property.

AGR, JUD

HB 2372

HD1

(HSCR527-06)

RELATING TO PUBLIC EMPLOYMENT.

Removes the requirement that applicants must be a resident of Hawaii at the time of application. Allows the director of a jurisdiction to waive the "residency during employment" requirements for positions within that jurisdiction. (HB2372 HD1)

LAB, JUD

HB 2282

RELATING TO CHAPTER 846E.

Amends the definition of "repeat covered offender," to expressly except conviction of multiple counts within a single charging document. Adds conviction for a covered offense, unless incarcerated, and released on probation as events requiring a covered offender to register with the attorney general. Clarifies that the prosecuting agency that prosecuted the covered offender for the most recent covered offense within the State must represent the State in any civil proceeding to terminate public access.

JUD

HB 2364

(HSCR96-06)

RELATING TO CHILD ABUSE OR NEGLECT REPORTING.

Requires staff members of public or private schools, agency, or institutions who, in their professional capacity, have reason to believe that child abuse or neglect has occurred, or that there exists a substantial risk that a child may be abused or neglected in the foreseeable future, to immediately report the abuse or neglect directly to the DHS or the police.

EDN/HUS, JUD

HB 2199

HD1

(HSCR171-06)

RELATING TO INTERNATIONAL TRADE AGREEMENT.

Provides state protocol for international trade agreements (HB2199 HD1).

INT/EDB, JUD

HB 1984

RELATING TO CONVICTION DATA.

Prohibits the attorney general from posting non-felony convictions on any website accessed via the Internet.

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 2299

RELATING TO CHAPTER 803.

Restores the standard required by the US Constitution, rather than the higher standard imposed by the HRS that dictates police behavior when an arrested person requests that a message be conveyed to the arrested person's family member or attorney. Restores the standard required by the US Constitution, rather than the higher standard imposed by the HRS that dictates police behavior when entering a house to arrest a person suspected of a crime.

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