HOUSE OF REPRESENTATIVES

THE TWENTY-FOURTH LEGISLATURE

REGULAR SESSION OF 2008

 

COMMITTEE ON JUDICIARY

Rep. Tommy Waters, Chair

Rep. Blake K. Oshiro, Vice Chair

 

Rep. Cindy Evans

Rep. Joseph M. Souki

Rep. Josh Green, M.D.

Rep. Clift Tsuji

Rep. Ken Ito

Rep. Ryan I. Yamane

Rep. Sylvia Luke

Rep. Kyle T. Yamashita

Rep. Angus L.K. McKelvey

Rep. Barbara C. Marumoto

Rep. Hermina M. Morita

Rep. Kymberly Marcos Pine

Rep. Alex M. Sonson

Rep. Cynthia Thielen

 

NOTICE OF HEARING

 

DATE:

Tuesday, February 12th, 2008

TIME:

2:05pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 3040

RELATING TO PUBLIC SAFETY.

Revamps Hawaii's sex offender registry laws so as to provide more up-to-date and more useful information about registered sex offenders to the public; strengthens some criminal laws, including relating to electronic enticement of a child; and makes other criminal law changes.

 

JUD

HB 3041

RELATING TO CRIME.

Strengthens laws relating to obstruction of justice; revises Hawaii's murder statute to better protect the public; and makes other criminal law changes.

 

JUD

HB 2558, HD1

(HSCR243-08)

RELATING TO CHILD PROTECTION.

Authorizes the Department of Human Services to conduct unannounced visits to inspect a parental home in which a household member was convicted or adjudicated for certain offenses of child abuse or neglect.  Establishes a Well Child Follow-up Visit Pilot Project.  (HB2558 HD1)

 

HSH, JUD, FIN

HB 2999

RELATING TO FIREARMS.

Requires all guns to be sold with safety devices to prevent unintentional discharges by children and unauthorized users.  Prohibits sales of ammunition unless the purchaser shows proof of registration for the firearm for which the ammunition is to be purchased and photo identification proving that purchaser is the person to whom the firearm is registered.  Requires the attorney general to adopt rules setting minimum standards for firearms dealers to secure firearms in the ordinary course of business and in the event of a natural disaster.  Requires firearms dealers to report theft of a firearm within 24 hours.  Prohibits importation, manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any .50 BMG rifle or .50 BMG cartridge.  Prohibits disclosure to an applicant for a permit to acquire a firearm of the source of the information used to deny the application, when the application is denied because the applicant was diagnosed with a mental disorder.  Excepts government entities from the definition of owner in the statute that imposes strict liability on firearms owner for injury or damage proximately caused by the firearm

 

JUD

HB 3016, HD1

(HSCR269-08)

RELATING TO LAW ENFORCEMENT.

Authorize Department of Land and Natural Resources' Conservation and Resources Enforcement Officers to use tasers while performing their duties upon the receipt of accreditation or recognition. (HB3016 HD1)

 

WLH, JUD, FIN

HB 2823, HD1

(HSCR268-08)

RELATING TO DAM SAFETY.

Establishes limitations on liability for damages for owners of dams and reservoirs.  (HB2823 HD1)

 

WLH, JUD, FIN

HB 3386

RELATING TO ATTORNEYS.

Changes the procedure for determining representation of state departments by the attorney general and allows the attorney general to represent the legislature and judiciary under certain conditions.

 

JUD, FIN

HB 921

RELATING TO RISK MANAGEMENT.

Allows a state agency under certain conditions to enter into an indemnity agreement with a county to receive county aid, assistance, support, benefits, services, or interests in or rights to use county property.  Authorizes the state to obtain sufficient loss insurance for such indemnification.

 

JUD, FIN

HB 1895

RELATING TO NATIVE HAWAIIAN CHILDREN.

Creates the Native Hawaiian Child Welfare Act (Act) that establishes the Na Kupuna Tribunal and grants it exclusive jurisdiction over child custody proceedings involving native Hawaiian children.  Establishes a pilot project as a trial run prior to the full implementation of the Act in 2008.

 

JUD, FIN

HB 3383

RELATING TO HAWAII PENAL CODE.

Requires that multiple terms of imprisonment run concurrently unless the court orders or the law mandates that the terms run consecutively.  Effective upon approval and applies to all terms of imprisonment imposed before or after the effective date.

 

JUD

HB 3176

(HSCR185-08)

RELATING TO ADMINISTRATIVE PENALTIES FOR DAMAGE TO STONY CORAL AND LIVE ROCK.

Imposes administrative fines for damage to stony coral and live rock based on the amount of area damaged.

 

WLH, JUD, FIN

HB 3177

(HSCR186-08)

RELATING TO PENALTIES FOR VIOLATIONS WITHIN THE CONSERVATION DISTRICT.

Increases the maximum penalty for violations within the Conservation District and authorizes the Board of Land and Natural Resources to assess fines based on damages to natural resources within the Conservation District.

 

WLH, JUD, FIN

HB 2686

RELATING TO ADMINISTRATIVE PROCEDURE.

Amends the procedure for the adoption, amendment, or repeal of rules to conform to federal law.

 

JUD, FIN

 

DECISION MAKING TO FOLLOW

 

 

 

The following bill was previously heard on 2/20/07 and is scheduled for decision making only.  No public testimony will be accepted.

 

HB 464, HD1

(HSCR719)

RELATING TO HEALTH.

Requires recipients of state funding that provide sexual health education to provide medically accurate, factual information that is age-appropriate and includes education on both abstinence and contraception.  Provides exemption to programs receiving federal funds that would lose those funds by complying with state requirement.

 

HLT, JUD

 

 

 

 

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing with a transmittal cover indicating:

·     Testifier's name with position/title and organization;

·     The Committee the comments are directed to;

·     The date and time of the hearing;

·     Measure number; and

·     The number of copies the Committee is requesting. 

 

While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the hearing or improperly identified or directed to the incorrect office, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER:    5 copies (including an original) to Room 302 in the State Capitol; or

FAX:        For comments less than 5 pages in length, transmit to 586-9456 (Oahu) or 1-800-535-3859 (Neighbor Islands).

EMAIL:    For comments less than 5 pages in length, transmit to JUDtestimony@Capitol.hawaii.gov.

 

Testimony submitted will be placed on the Legislative Web site after the hearing adjourns.  This public posting of testimony on the Web site should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-9450 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements.  Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live.  Check the current legislative broadcast schedule on the "Capitol TV" Web site at www.capitoltv.org OR call 550-8074.

 

 

 

 

 

________________________________________

Rep. Tommy Waters

Chair