CONFERENCE COMMITTEE REP. NO. 11

Honolulu, Hawaii

, 2005

RE: S.B. No. 700

S.D. 1

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 700, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NUISANCE ABATEMENT,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to clarify and strengthen Hawaii's nuisance abatement law.

Specifically, this measure:

(1) Establishes that a preponderance of the evidence is the standard of proof applicable to nuisance abatement actions;

(2) Authorizes a court to issue a protective order to prevent the disclosure of the identity of a witness when presented with evidence of acts or prior threats of violence by any defendant or any other person in a nuisance abatement action;

(3) Subjects an individual who knowingly violates a protective order to civil as well as criminal contempt of court; and

(4) Enables a court to enter an order suspending or revoking any business, professional, or operational license of an entity involved in maintaining, aiding, abetting, or permitting the nuisance.

Your Committee on Conference has amended this measure by:

(1) Limiting the scope of the protective order to defendants, and not any other person, involved in a nuisance abatement action and who have engaged in acts of violence or made prior threats of violence against a witness;

(2) Including liquor licenses within the categories of professional and operational licenses that may be suspended or revoked by a court if the holder of the license is involved in maintaining, aiding, abetting, or permitting the nuisance; and

(3) Making technical, non-substantive changes.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 700, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 700, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

Blake K. Oshiro, Chair

____________________________

Colleen Hanabusa, Chair