HOUSE OF REPRESENTATIVES

THE THIRTIETH LEGISLATURE

REGULAR SESSION OF 2019

 

COMMITTEE ON JUDICIARY

Rep. Chris Lee, Chair

Rep. Joy A. San Buenaventura, Vice Chair

 

Rep. Tom Brower

Rep. Calvin K.Y. Say

Rep. Richard P. Creagan

Rep. Gregg Takayama

Rep. Nicole E. Lowen

Rep. Ryan I. Yamane

Rep. Angus L.K. McKelvey

Rep. Cynthia Thielen

Rep. Dee Morikawa

 

 

NOTICE OF HEARING

 

DATE:

Wednesday, February 13, 2019

TIME:

2:01pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 615, HD1

(HSCR16)

Status

RELATING TO THE BOARD OF EDUCATION.

Amends the Board of Education membership by inviting the exclusive representative for bargaining unit (5) (teachers and other personnel of the Department of Education) to appoint a nonvoting public school teacher representative to the Board.  (HB615 HD1)

 

LHE, JUD, FIN

HB 411, HD1

(HSCR14)

Status

RELATING TO THE BOARD OF EDUCATION.

Requires the Board of Education to hold no less than six community meetings each year, with at least one meeting in each county.  Requires the Board to include an open forum for public comments on non-agenda items at the end of each public meeting through June 30, 2024.  Requires a report to the Legislature on implementing open forums.  (HB411 HD1)

 

LHE, JUD, FIN

HB 1346, HD1

(HSCR66)

Status

RELATING TO EARLY CHILDHOOD EDUCATION.

Prohibits the suspension or expulsion of children participating in the Executive Office on Early Learning's Public Prekindergarten Program, except under limited circumstances.  (HB1346 HD1)

 

LHE, JUD, FIN

HB 506, HD1

(HSCR15)

Status

RELATING TO ALTERNATIVE SCHOOLS FOR JUVENILES.

Appropriates funds to the Department of Education for an alternative school to provide ongoing education to juveniles involved in the justice system or at risk of involvement in the justice system.  (HB506 HD1)

 

LHE, JUD, FIN

HB 552, HD1

(HSCR191)

Status

RELATING TO CHAPTER 200, HAWAII REVISED STATUTES.

Amends penalties for violations of laws and administrative rules governing boating and ocean recreation by aligning penalties with the severity of the prohibited conduct.  Clarifies that imposition of civil or criminal penalties does not preclude the imposition of administrative fines.  (HB552 HD1)

 

WLH, JUD, FIN

HB 1133, HD1

(HSCR190)

Status

RELATING TO MARINE LIFE CONSERVATION DISTRICTS.

Requires DLNR to limit entry into the Molokini marine life conservation district to forty-one permits and twenty permitted vessels at any given time.  (HB1133 HD1)

 

WLH, JUD, FIN

HB 259, HD1

(HSCR5)

Status

RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.

Requires the Department of Hawaiian Home Lands to digitize its applicant, beneficiary, and lessee records and create a usable digital database no later than July 1, 2020.  Appropriates funds.

 

WLH, JUD, FIN

HB 288, HD1

(HSCR88)

Status

RELATING TO INFRASTRUCTURE MAINTENANCE IN HOUSING SUBDIVISIONS.

Requires lot owners in housing subdivisions to pay assessments for repair and maintenance of subdivision roads to an entity approved by a majority of homeowners or appointed by a court, or to the county.  Requires the counties to provide oversight and management services to assessing entities.  (HB288 HD1)

 

WLH, JUD, FIN

HB 1025, HD1

(HSCR115)

Status

RELATING TO LEASE EXTENSIONS ON PUBLIC LAND.

Authorizes the Board of Land and Natural Resources to extend leases of public lands for commercial, industrial, resort, or government use upon approval of a proposed development agreement to make substantial improvements to the existing improvements. Sunsets on June 30, 2029.  (HB1025 HD1)

 

WLH, JUD, FIN

HB 653, HD1

(HSCR44)

Status

RELATING TO STATE PARTITIONS.

Requires that land court actions for partition by the State be given priority.  (HB653 HD1)

 

WLH, JUD, FIN

HB 1035, HD1

(HSCR238)

Status

RELATING TO THE INTERSTATE WILDLIFE VIOLATOR COMPACT.

Authorizes the Department of Land and Natural Resources to enter into the Interstate Wildlife Violator Compact or similar agreement for mutual assistance in the enforcement of wildlife laws. (HB1035 HD1)

 

WLH, JUD, FIN

HB 589, HD1

(HSCR237)

Status

RELATING TO THE LAND CONSERVATION FUND.

Requires the DLNR to comply with recommendations contained in Auditor's Report No. 19-01 related to management of the Land Conservation Fund including by completing a Land Resource Acquisition Plan by 1/1/2020 and implementing policies, procedures, and internal controls related to the use of the Fund and grant awards.  Requires the Auditor to track compliance and commence a full financial and management audit of the Department in the case of noncompliance.  (HB589 HD1)

 

WLH/EEP, JUD, FIN

HB 1327, HD1

(HSCR120)

Status

RELATING TO ELECTIONS.

Permits a request for an absentee ballot or for permanent absentee voter status to be submitted in English or Hawaiian.  Requires absentee ballots to be available to absentee voters in English and Hawaiian.  Appropriates funds.  (HB1327 HD1)

 

WLH, JUD, FIN

HB 600, HD1

(HSCR123)

Status

RELATING TO ACTIONS FOR QUIET TITLE.

Provides that where quiet title action involves kuleana land, defendants may request mandatory mediation to resolve the dispute.  Allows defendants in separate actions to request consolidation into a single action.  Specifies that plaintiffs may pay mediation costs as deemed equitable by the court.  (HB600 HD1)

 

WLH, JUD, FIN

HB 1559, HD1

(HSCR116)

Status

RELATING TO THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT.

Authorizes the HCDA to permit one building that is up to 768 feet in height and located near a transit station within each approved master plan area for the Kakaako Mauka area of the Kakaako Community Development District, subject to provision of appropriate public benefits. (HB1559 HD1)

 

WLH, JUD, FIN

HB 1325, HD1

(HSCR196)

Status

RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES.

Requires DLNR to give prior notice to the Game Management Advisory Commission when establishing or amending watershed projects or management plans on state lands or pursuant to a water rights lease and suspend all aerial shooting activity until final adoption of watershed management rules that integrate Commission recommendations.  (HB1325 HD1)

 

WLH/EEP, JUD, FIN

HB 213

Status

RELATING TO PRIVATE PROPERTY.

Authorizes a property owner or agent to enter adjacent property under certain conditions to eradicate albizia trees before they become hazardous.  Provides defense to criminal prosecution.

 

JUD

HB 287

Status

RELATING TO VACANT AND ABANDONED RESIDENTIAL PROPERTY.

Requires counties to expedite demolition permits for vacant and abandoned residential homes.  Allows the department of taxation to seek sale of the property through non-judicial foreclosure of vacant and abandoned residential properties with outstanding recorded state tax liens at any time after establishing vacancy and abandonment.

 

JUD, FIN

HB 1307

Status

RELATING TO AN OFFICE OF ADMINISTRATIVE HEARINGS.

Requires the Legislative Reference Bureau to conduct a study on establishing a state central hearing agency to be known as the Office of Administrative Hearings and submit a report of its findings and recommendations, including any proposed legislation, to the Legislature prior to the Regular Session of 2020.

 

JUD, FIN

HB 748

Status

RELATING TO PROPERTY FORFEITURE.

Prohibits civil asset forfeiture by reason of the commission of a covered offense, to the extent of the property owner's interest, unless the covered offense is a felony for which the property owner has been convicted.  Prohibits the forfeiture of an animal prior to the disposition of criminal charges.  Requires the Attorney General to distribute one half of all forfeited property and the sale proceeds thereof to the Hawaii law enforcement assisted diversion program, with the remaining half to be distributed to the state general fund.

 

JUD, FIN

 

 

 

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing.  Testimony should indicate:

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

·    The Committee(s) to which the comments are directed;

·    The date and time of the hearing; and

·    Measure number. 

 

While every effort will be made to incorporate all testimony received, materials received on the day of the hearing or improperly identified or directed, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER: 15 copies (including an original) to Room 442 in the State Capitol;

FAX:     For testimony less than 5 pages in length, transmit to 808-586-6531 (Oahu) or 1-800-535-3859 (for Neighbor Islander without a computer to submit testimony through e-mail or the Web); or

WEB:    For testimony less than 20MB in size, transmit from http://www.capitol.hawaii.gov/submittestimony.aspx.

 

Testimony submitted will be placed on the legislative website.  This public posting of testimony on the website 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 [email protected] at least 24 hours prior to the hearing for arrangements.  Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

 

 

 

 

 

________________________________________

Rep. Chris Lee

Chair