THE SENATE

THE TWENTY-FIRST LEGISLATURE

REGULAR SESSION OF 2002

COMMITTEE ON JUDICIARY

Senator Brian Kanno, Chair

Senator David Matsuura, Vice Chair

NOTICE OF DECISION MAKING

DATE:

Tuesday, April 2, 2002

TIME:

9:15 a.m.

PLACE:

Conference Room 229

State Capitol

415 South Beretania Street

A G E N D A

The following measures are for decision making only. No oral testimony will be accepted. Written testimony may be submitted in the usual manner as instructed at the end of this notice.

If submitting written testimony, please focus your testimony on the differences, if any, between the House and Senate measures as the Committee has previously held public hearings on Senate bills that are substantially similar to House bills as noted.

 

HB 2509

HD1, SD1

(SSCR2980)

RELATING TO PARKING FOR PERSONS WITH DISABILITIES.

Prohibits and establishes a penalty for parking in an access aisle adjacent to a reserved parking stall for persons with disabilities. Postpones effective date for implementation of signage requirement for parking spaces for persons with disabilities. (SD1)

Companion: SB 2767

TMG, JDC

HB 1093

(SSCR2977)

RELATING TO THE USE OF WASHINGTON PLACE FOR CAMPAIGN ACTIVITIES.

Prohibits campaign activities at Washington Place.

Companion: SB 902

TMG, JDC

HB 2298

HD1

(SSCR3022)

RELATING TO ELECTIONS.

Clarifies the filing date for nomination papers for the board of trustees of the office of Hawaiian affairs. (HB2298 HD1)

Companion: SB 2620

HAW/TMG, JDC

HB 2432

(SSCR2869)

RELATING TO DIRECT PAYMENT OF CHILD SUPPORT.

Deletes reference to the Office of Child Support Hearings as an entity having the ability to order direct payments.

Companion: SB 2690

HHS, JDC

HB 2232

HD1

(SSCR2964)

RELATING TO THE WHISTLEBLOWERS' PROTECTION ACT.

Increases the penalty for violations of the Whistleblowers' Protection Act by establishing a minimum fine of $500 and increasing the maximum fine to $5,000 per violation. Extends the statute of limitations for bringing a complaint of retaliation under the Act to 2 years. (HB2232 HD1)

Similar: SB 2037

LBR, JDC

HB 2655

HD1, SD1

(SSCR3017)

RELATING TO CAPTIVE INSURANCE.

Requires all nonpublic records of a captive insurance company to be held confidential by the insurance commissioner. (SD1)

Similar: SB 3040

CPH, JDC

HB 2307

HD1

(SSCR3008)

RELATING TO ELECTRONIC TRANSACTIONS.

Permits electronic seals to be used to be used if the law requires a signature or record to be notarized, certified, acknowledged, verified, or made under oath or seal of the person authorized to perform those acts (HB2307 HD1)

Companion: SB 2631

CPH, JDC

HB 2443

HD2, SD1

(SSCR3009)

RELATING TO THE PREVENTION OF THE FILING OF FRIVOLOUS FINANCING STATEMENTS.

Authorizes the registrar of the bureau of conveyances to verify the validity of financing statement filings and to issue a notice of unauthorized filing. (SD1)

Companion: SB 2701

CPH, JDC

HB 1778

HD1, SD1

(SSCR3007)

RELATING TO FINANCIAL SERVICES LOAN COMPANIES.

Replaces article 9 of the code of financial institutions relating to financial services loan companies with two new articles governing depository FSLCs and nondepository FSLCs, respectively. (SD1)

Similar: SB 2294

CPH, JDC

HB 1825

HD1

(SSCR2966)

RELATING TO THE REVISED UNIFORM COMMERCIAL CODE ARTICLE 9 SECURED TRANSACTIONS.

Amends definition of "agricultural lien" to include a security interest in farm products. Adds a sale by an individual of an account that is a right to payment of lottery or other chance winnings as a security interest perfected upon attachment. (HB1825 HD1)

Similar: SB 2291

AGT/CPH, JDC

HB 2207

HD1, SD1

(SSCR3030)

RELATING TO INSURANCE FRAUD.

Prohibits insurance fraud in health insurance provided by accident and sickness insurance contracts, mutual benefit societies through medical indemnity or hospital service associations, and HMOs. Exempts insurance company investigators from criminal liability. (SD1)

Similar: SB 2093

HHS/CPH, JDC

HB 2473

HD1

(SSCR3015)

RELATING TO THE UNIFORM SECURITIES ACT.

Clarifies the securities laws to provide greater certainty in the capital formation process involving limited offerings. Provides a new securities exemption for foreign securities. Adds back a transactional exemption that allows the Commissioner to exempt any transaction under chapter 91. Conforms the requirements for the registration of investment advisors with other states.(HB2473 HD1)

Companion: SB 2731

CPH, JDC

HB 2199

HD1

(SSCR2973)

RELATING TO LIQUOR.

Allows recorked or resealed wine purchased for consumption with a meal to be removed from the licensed premises of a bona fide hotel, restaurant, or club with a class 2, 6, 11, 12, or 14 license. (HB2199 HD1)

Companion: SB 2988

TIA/CPH, JDC

HB 2301

HD2, SD1

(SSCR3036)

RELATING TO THE USE OF INTOXICANTS.

Applies repeat intoxicated driver provisions to persons with prior drug enforcement contacts. Clarifies that a respondent who refused to be tested or a minor respondent shall not be issued a conditional permit. Clarifies administrative hearing procedure (SD1)

Companion: SB 2628

TMG/TIA, JDC

HB 2565

HD2, SD1

(SSCR3053)

RELATING TO EXPLOSIVES.

Requires the reporting of inventories of explosives under the control of manufacturers, dealers, and users, and provides for penalties for those who do not comply. (SD1)

Companion: SB 2823

TMG/TIA, JDC

HB 2580

(SSCR2981)

RELATING TO DRIVER LICENSING.

Distinguishes the examination, licensing and operation of mopeds from that of motor scooters and motorcycles.

Companion: SB 2838

TMG, JDC

HB 2302

HD2, SD1

(SSCR3051)

RELATING TO MOTOR VEHICLE DRIVERS' LICENSES.

Allows judges discretion to conditionally issue or renew driver's licenses or permits other than commercial driver's licenses of individuals who will be fired from work or have no transportation to work without a license. (SD1)

Companion: SB 2631

TMG/TIA, JDC

HB 1725

HD1

(SSCR2901)

RELATING TO DRIVER LICENSE RENEWAL BY MAIL.

Allows for the renewal of all category (1), (2), and (3) driver's licenses by mail, regardless of whether the licensed driver is out-of-state. (HB1725 HD1)

TMG, JDC

HB 2349

HD1, SD1

(SSCR2979)

RELATING TO AUTHORIZED EMERGENCY VEHICLES.

Expands privileges for authorized emergency vehicles to include driving on the shoulder and median of roadways and in controlled-access roadways, highways, and facilities. (SD1)

TMG, JDC

HB 2158

HD2

(SSCR3034)

RELATING TO COMMERCIAL DRIVER LICENSING.

Exempts law enforcement officers driving authorized emergency vehicles from commercial driver licensing provisions. (HB2158 HD2)

TMG/TIA, JDC

HB 1901

HD2, SD1

(SSCR3063)

RELATING TO HIV TESTING FOR SEXUAL OFFENSES.

Allows court to order HIV testing of persons charged with sexual assault, child abuse, and incest. Mandates HIV testing of those convicted of sexual assault, child abuse, and incest. (SD1)

HHS, JDC

The Committee will reconsider previous action taken on the following measure:

HB 1012

(HSCR607-02)

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6, OF THE HAWAII CONSTITUTION, TO CHANGE THE ELIGIBILITY TO SERVE AS A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES.

Requires senatorial or representative candidate to be a qualified voter in the district prior to filing primary election nomination papers except in the case of an incumbent senator when displaced by reapportionment.

JDC

Persons wishing to testify should submit 35 copies. 3-hole punched, of their testimony to the committee clerk, Room 202, State Capitol 24 hours prior to the hearing. Testimony may also be faxed if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), at least 24 hours prior to the hearing. When faxing, please indicate to whom the testimony is being submitted, the date and time of the hearing, and the required number of copies needed for submittal.

If you require special assistance or auxiliary aids or services to participate in the public hearing process (i.e., sign language interpreter, wheelchair accessibility, or parking designated for the disabled) please contact the committee clerk 24 hours prior to the hearing so arrangements can be made.

Public Folder. A folder labeled "Public Folder" containing the measures and testimonies for the hearing will be available for shared use by members of the public.

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-6830.

 

________________________________________

Senator Brian Kanno

Chair