HOUSE OF REPRESENTATIVES
THE TWENTY-FIFTH LEGISLATURE
REGULAR SESSION OF 2009
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COMMITTEE ON JUDICIARY |
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Rep. Jon Riki Karamatsu, Chair |
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Rep. Ken Ito, Vice Chair |
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Rep. Della Au Belatti |
Rep. Hermina M. Morita |
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Rep. Rida Cabanilla |
Rep. Blake K. Oshiro |
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Rep. Mele Carroll |
Rep. Joseph M. Souki |
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Rep. Robert N. Herkes |
Rep. Clift Tsuji |
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Rep. Sylvia Luke |
Rep. Glenn Wakai |
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Rep. Angus L.K. McKelvey |
Rep. Barbara C. Marumoto |
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Rep. John M. Mizuno |
Rep. Cynthia Thielen |
NOTICE OF HEARING
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DATE: |
Tuesday, March 03, 2009 |
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TIME: |
2:00 p.m. |
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PLACE: |
Conference Room 325 State Capitol 415 South Beretania Street |
A G E N D A
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RELATING TO MEDICAL TORTS. Requires claimants who reject the medical claim conciliation panel's award of damages and pursue litigation to pay the health care provider's attorneys' fees, costs, and cost of the provider's time under certain conditions. Establishes the medical claim conciliation hearing office and the positions of executive director and hearing officer. Directs the hearing officer to conduct hearings on medical claims in accordance with the administrative procedure act. Makes opinions issued by the hearing officer binding upon the parties. Repeals the medical claim conciliation panel. (HB575 HD1)
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HLT, JUD |
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RELATING TO OCEAN RECREATION. Deletes: (i) prohibition of commercial operation of thrill craft, water sledding, parasailing, or high speed boating in Maunalua Bay, Oahu, on Saturdays; (ii) requirement that permits be issued at public auction; and (iii) maximum term of permit issue of 20 years. (HB1310 HD1)
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WLO, JUD |
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RELATING TO NOTICE. Permits service by publication of notice of hearing on petition for injunction against harassment and of injunction after hearing.
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JUD |
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RELATING TO RENTAL MOTOR VEHICLES. Requires that the owner of a rental motor vehicle, upon notice that the rental motor vehicle has been involved in a violation, provide the court with the name and address of the lessee within 60 days of the mailing of the notice.
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TRN, JUD |
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RELATING TO CONDOMINIUMS. Limits any late fee for delinquent condominium common expense assessments to 20% of the monthly maintenance fee per month that any such assessment remains unpaid. Requires an association to give a unit owner 10 business days notice of any delinquent assessments before taking any action for which attorneys' fees may be assessed. Effective 01/01/2020. (HB355 HD1)
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CPC, JUD |
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RELATING TO LANDOWNER LIABILITY. Relieves landowner of liability for any damage, injury, or harm to persons or property outside the boundaries of the landowner's land caused by naturally occurring land failure originating on unimproved land.
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WLO, JUD |
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RELATING TO MOBILE BILLBOARDS. Amends the restrictions on the use of mobile billboards. Exempts businesses using vehicles with advertising in the daily function of the advertised business. (HB1417 HD1)
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EEP, JUD |
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RELATING TO BUSINESS REGISTRATION. Proposes housekeeping amendments to clarify and streamline business registration laws.
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CPC, JUD |
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RELATING TO APPEALS. Authorizes immediate appeals from certain court orders regarding injunctions and denials of sovereign, absolute, or qualified immunity.
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JUD |
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DECISION MAKING TO FOLLOW
DECISION MAKING ONLY ON THE FOLLOWING MEASURES:
Previously heard on Tuesday, February 24, 2009.
No public testimony will be accepted.
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RELATING TO MEDICAL TORTS. Places a ceiling on non-economic damages in medical torts involving neurologists and neurosurgeons and reduces insurance premiums for malpractice liability coverage. Requires a health care provider to disclose to patients adverse events relating to their medical treatment. Requires the Hawaii medical board to collect and publish information about physicians licensed in the state to allow consumers to make informed decisions in selecting physicians. Establishes a medical malpractice damages task force to provide support in implementing the provisions of this Act. (HB1514 HD1)
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HLT, JUD |
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RELATING TO EMERGENCY MEDICAL PHYSICIANS. Provides additional protection for physicians who render medical services in genuine emergency situations involving an immediate threat of death or serious bodily injury.
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HLT, JUD |
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RELATING TO MEDICAL TORTS. Limits the amount awarded for non-economic damages in medical tort cases to $250,000 per physician specialist. Sets the award limit for non-economic damages in cases of gross negligence at $3,000,000. Requires a health care provider to disclose to patients adverse events relating to their medical treatment. Requires the Hawaii medical board to collect and publish information about physicians licensed in the state to allow consumers to make informed decisions in selecting physicians. (HB1784 HD1)
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HLT, JUD |
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RELATING TO MEDICAL TORTS. In medical tort litigation authorizes the court to impose sanctions on a party whose rejection of the Medical Claim Conciliation Panel's decision resulted in the trial and who at trial fails to improve on the panel's award by increasing or decreasing it by at least 30 percent. (HB310 HD1)
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HLT, JUD |
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RELATING TO CRUELTY TO ANIMALS. Repeals existing prohibition against dog fighting and enacts more comprehensive prohibition of dog fighting and related conduct. Provides enhanced penalties.
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JUD |
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RELATING TO ABANDONED VEHICLES. Allows counties to remove abandoned motor vehicles from private roads.
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TRN, JUD |
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RELATING TO REAL PROPERTY. Clarifies provisions contained in long-term commercial and industrial ground leases.
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EBM, JUD |
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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: 1 (one) copies (including an original) to Room 302 in the State Capitol;
FAX: For comments less than 5 pages in length, transmit to 586-8494 (Oahu) or 1-800-535-3859 (Neighbor Islands); or
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 586-8490 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.
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________________________________________ Rep. Jon Riki Karamatsu Chair |
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