HOUSE OF REPRESENTATIVES

THE TWENTY-SECOND LEGISLATURE

REGULAR SESSION OF 2004

COMMITTEE ON JUDICIARY

Rep. Eric G. Hamakawa, Chair

Rep. Blake K. Oshiro, Vice Chair

Rep. Kirk Caldwell

Rep. Alex M. Sonson

Rep. Jerry L. Chang

Rep. Joseph M. Souki

Rep. Robert N. Herkes

Rep. Lynn Finnegan

Rep. Ken Ito

Rep. Barbara Marumoto

Rep. Ezra R. Kanoho

Rep. David A. Pendleton

Rep. Marilyn B. Lee

Rep. Cynthia Thielen

Rep. Marcus R. Oshiro

NOTICE OF HEARING

DATE:

Thursday, February 12, 2004

TIME:

2:00 p.m.

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

A G E N D A

HB 2529

(HSCR28-04)

RELATING TO HAZARDOUS LAND.

Requires each county to identify hazardous land areas; adopt standards for building in hazardous land areas, and enact ordinances to implement standards.

WLH, JUD, FIN

HB 2530

(HSCR43-04)

RELATING TO ZONING.

Requires each county to enact zoning ordinances to protect against land slides and rock slides.

WLH, JUD

HB 2167

(HSCR48-04)

RELATING TO PUBLIC ACCESS.

Prohibits gated communities that deny public access to any coastal shoreline or mountain or inland areas used for recreational or cultural purposes.

WLH, JUD

HB 2937

RELATING TO PERMIT APPROVALS.

Repeals automatic approvals of applications for business or development-related permits, licenses, or approvals.

JUD, FIN

HB 1783

RELATING TO RULEMAKING.

Requires LRB to review all proposed rules and determine whether the rules are within the authority authorized.

JUD, FIN

HB 2378

RELATING TO THE SOVEREIGN IMMUNITY OF BOARDS AND COMMISSIONS.

Specifies that all administratively attached boards and commissions are arms of the State of Hawaii and entitled to claim sovereign immunity to the same extent as the State itself.

JUD

HB 2717

RELATING TO LIENS.

Clarifies that a lien for services in a personal injury case shall be established pursuant to a settlement or judgment for damages for personal injury.

JUD

HB 2786

RELATING TO ARBITRATION.

Extends to suits in arbitration the situations in which a losing insurer must pay attorney's fees and costs to the prevailing insured or other party.

JUD

HB 2380

RELATING TO APPELLATE JURISDICTION.

Authorizes immediate appeals from certain orders regarding injunctions and from denials of sovereign, absolute, or qualified immunity.

JUD

HB 2379

RELATING TO TESTIMONY.

Revises appropriate provisions relating to the admissibility of reliable, trustworthy, and relevant lay and expert testimony in a judicial proceeding.

JUD

HB 2387

RELATING TO THE HAWAII RULES OF EVIDENCE.

Allows individuals, corporations, and government entities to offer apologies or other expressions of sympathy without fear of such gestures being used against them to establish civil liability.

JUD

HB 2381

RELATING TO THE STATE TORT LIABILITY ACT.

Reiterates the underlying intent of the discretionary function exception and the intentional tort exception to the State's waiver of sovereign immunity for the torts of its employees. Declares that all of the exceptions to the State's waiver of sovereign immunity are to be broadly construed in the State's favor.

JUD, FIN

DECISION MAKING TO FOLLOW.

DECISION MAKING ONLY ON THE FOLLOWING MEASURES PREVIOUSLY HEARD:

As this is decision making only, no public testimony will be accepted.

From February 5, 2004:

HB 2300

RELATING TO THE JUDICIARY.

Provides the Judiciary supplemental budget for the 2003-2005 biennium.

JUD, FIN

HB 2301

RELATING TO APPELLATE JURISDICTION.

Amends appellate jurisdiction of the supreme court and the intermediate appellate court changing the supreme court's jurisdiction to appeals by writ of certiorari or transfer from the intermediate appellate court. Repeals criteria for assigning appeals. Requires most appeals to be filed with the intermediate appellate court instead of the supreme court.

JUD

HB 2295

RELATING TO COLLECTIONS ON DELINQUENT COURT-ORDERED PAYMENTS.

Authorizes the judiciary to contract with a bonded collection agency to collect delinquent court-ordered payments; allows collection costs not to exceed 20% to be added to the amount due.

JUD, FIN

HB 1773

RELATING TO GARNISHMENT.

Authorizes an employer to retain an administrative fee of $2 from each payment delivered to plaintiff to satisfy the judgment.

JUD

HB 1781

RELATING TO ATTORNEY'S LIENS.

Prevents the double taxation of income by providing an attorney a superior lien on judgments, decrees, orders, and awards entered in the client's favor.

JUD, FIN

HB 2297

RELATING TO GUARDIANSHIP AND PROTECTIVE PROCEEDINGS.

Replaces existing provisions in Probate Code relating to guardianship of the persons and property of minors and incapacitated persons with the Uniform Guardianship and Protective Proceedings Act.

JUD

HB 1765

RELATING TO GOVERNMENT BOARDS, COMMISSIONS, AND AGENCIES.

Provides for the expiration of the term of a member of a government board, commission, or any agency who failed to attend two consecutive meetings where the board was not able to constitute quorum because of the absence of the member.

JUD

From February 6, 2004:

   

HB 2196

RELATING TO CRIMINAL TRESPASS.

Defines criminal trespass to include entering or remaining on residential property after a request to leave by the owner or lawful occupant of the property.

JUD

HB 2019

RELATING TO SOCIAL SECURITY NUMBERS.

Prohibits counties and county liquor commissions from issuing identification cards with the cardholder's or applicant's social security number on the card.

JUD

HB 2514

RELATING TO TAX ADMINISTRATION.

Allows the Department of Taxation to impose civil penalties and injunctions on tax return preparers who support unrealistic positions on tax returns and on promoters of abusive tax shelters.

JUD, FIN

From February 7, 2004:

   

HB 2003

RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES.

Adds and amends various laws relating to criminal conduct for drug related offenses, amends laws relating to arrest and search warrants for drug offenses, amends laws relating to first time nonviolent drug offender diversion to substance abuse treatment, adds tort liability for drug dealers, adds new laws relating to employer sponsored substance abuse treatment and prevention programs and employer reimbursement for substance abuse treatment, amends the zero tolerance rule for public school students who are charged with drug offenses, amends existing law to provide parity in health insurance benefits for crystal methamphetamine addiction, amends the duties of the Office of Community Services to include coordination of the drug abatement efforts between public, private and community organizations, adds new law on civil commitment for substance abuse outpatient treatment, adds new laws to facilitate the development of drug rehabilitation homes for recovering addicts, and adds responsibility for methamphetamine removal to the responsibilities of the department of health.

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 332, 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 BE FAXED 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 586-8480.

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.

 

 

________________________________

Rep. Eric G. Hamakawa

Chair