THE SENATE

THE TWENTY-THIRD LEGISLATURE

REGULAR SESSION OF 2005

COMMITTEE ON JUDICIARY AND HAWAIIAN AFFAIRS

Senator Colleen Hanabusa, Chair

Senator Clayton Hee, Vice Chair

NOTICE OF HEARING

DATE:

Wednesday, March 30, 2005

TIME:

9:00 a.m.

PLACE:

Conference Room 229

State Capitol

415 South Beretania Street

A G E N D A

HB 1201

HD2, SD1

(SSCR1163)

RELATING TO AGRICULTURAL THEFT.

Clarifies that possession of agricultural commodities removed from fenced or posted premises without an ownership and movement certificate is evidence that the person knows that agricultural commodities are or have been stolen in cases of theft in the second degree; clarifies that possession of livestock without a livestock ownership and movement certificate is evidence that the person knows the livestock is or has been stolen in cases of livestock theft; broadens the definition of theft in the second degree by including theft of agricultural commodities that weigh over 25 lbs. from fenced or posted premises. (SD1)

(Please note that the committee has heard companion measure SB 1588. Please focus your testimony on the differences between the two measures)

WLA, JHW

HB 1202

HD2, SD1

(SSCR1164)

RELATING TO AGRICULTURAL TRESPASSING.

Provides that a person commits the crime of criminal trespass in the second degree if the person, without permission, enters cultivated or uncultivated agricultural land that is posted with signs forbidding trespass. (SD1)

WLA, JHW

HB 1639

HD2, SD1

(SSCR1170)

RELATING TO AGRICULTURAL LIABILITY.

Exempts qualified farmers from liability when a person who trespasses and commits, or attempts to commit, theft on the farmer's agricultural land is injured. (SD1)

WLA, JHW

HB 1442

HD2, SD1

(SSCR1169)

RELATING TO LATERAL PUBLIC ACCESS.

Imposes an additional requirement for subdivision approval, i.e., subdividers and developers must provide a right-of-way or easement to connect existing or proposed shoreline access points for reasonable public access along the shoreline, unless precluded by topography, so the public and other cultural practitioners can easily and safely traverse shoreline areas. (SD1)

WLA, JHW

HB 864

(SSCR1142)

RELATING TO COUNTIES.

Extends the several counties' authority to regulate billboards and other outdoor advertising devices to include the airspace or waters beyond the boundaries of a county that are visible from any public place within the county.

IGA, JHW

HB 109

HD1, SD1

(SSCR1278)

RELATING TO LAND USE COMMISSION.

Establishes a presumption that a dwelling is not a permitted farm dwelling in an agricultural district if certain nonagricultural features in a subdivision or development are determined to be present; prohibits and restricts uses and activities; and grandfathers in existing lawful uses and buildings. Allows counties to recommend rural district amendments and form an advisory group to redefine districts; conducts a study to develop policy recommendations to expand and enhance rural districts. (SD1)

WLA, JHW

HB 852

HD2, SD1

(SSCR1264)

RELATING TO PERMIT APPROVALS.

Exempts proceedings of the Public Utilities Commission from automatic permit approval provisions. Specifies that the lack of quorum by an issuing agency shall not initially be applicable to the automatic permit approval provisions. (SD1)

WLA/BED, JHW

HB 712

HD2, SD1

(SSCR1063)

RELATING TO VIOLATIONS OF CHAPTER 6E.

Establishes criminal offenses for knowingly taking, appropriating, excavating, injuring, destroying, or altering historic property, aviation artifacts, and burial sites without permission or without obtaining required approval. Establishes criminal offense for knowingly failing to stop work in the immediate area and reporting the discovery in cases when a burial site is discovered. Establishes that it is a civil and administrative violation to knowingly fail to re-inter human remains discovered on private lands or lands owned by the State or counties. (SD1)

MAT/WLA, JHW

HB 1430

HD2, SD1

(SSCR1244)

RELATING TO SOLID WASTE CONTROL.

Applies the offense of petty misdemeanor disposal of solid waste to the illegal disposal of volumes equal to or greater than one cubic yard and less than ten cubic yards. (SD1)

EIA, JHW

HB 895

HD2, SD1

(SSCR1266)

RELATING TO COASTAL LIGHT POLLUTION.

Prohibits artificial light that directly illuminates the shoreline and ocean waters or causes a direct or indirect glare when displaced across property boundaries toward the shoreline and ocean waters. Directs special management area authorities to minimize light displacement. (SD1)

EIA/WLA, JHW

Decision Making to follow, if time permits.

Persons wishing to testify should submit 25 copies of their testimony, three-hole punched, to the committee clerk, Room 227, 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.

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-7793.

______________________________________

Senator Colleen Hanabusa

Chair