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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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From February 6, 2004: |
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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 |
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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 |
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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 |
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From February 7, 2004: |
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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 |
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