HOUSE OF REPRESENTATIVES

THE TWENTY-THIRD LEGISLATURE

REGULAR SESSION OF 2005

COMMITTEE ON JUDICIARY

Rep. Sylvia J. Luke, Chair

Rep. Blake K. Oshiro, Vice Chair

Rep. Kirk Caldwell

Rep. Alex M. Sonson

Rep. Robert N. Herkes

Rep. Joseph M. Souki

Rep. Ezra R. Kanoho

Rep. Barbara Marumoto

Rep. Hermina M. Morita

Rep. Cynthia Thielen

NOTICE OF HEARING

DATE:

Tuesday, March 1, 2005

TIME:

2:00 p.m.

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

   

A G E N D A

HB 833

(HSCR362)

RELATING TO PROPERTY RIGHTS.

Makes owner of residential real property immune from liability for damages suffered by a person who trespasses with intent to commit a crime. Makes trespass on the premises of a dwelling a misdemeanor. Makes theft of property from the premises of a dwelling a misdemeanor.

WLO, JUD

HB 551 HD1

(Proposed)

Copies can be picked up in Room 302.

RELATING TO PUBLIC MEETINGS.

Allows private discussions between board members and the governor to include elected officials. Allows discussions between board members and the board's administratively connected department head to include the board's executive secretary or director. Allows the board to consult with its executive secretary or executive director in a closed meeting.

JUD

HB 1766 HD1

(Proposed)

Copies can be picked up in Room 302

RELATING TO THE HAWAII PENAL CODE.

Comprehensive amendments to Chapter 704 of the Hawaii Revised Statutes concerning Penal Responsibility and Fitness to Proceed.

JUD

     

SB 1796

SD1

(SSCR39)

RELATING TO THE DISPOSITION OF CONVICTED DEFENDANTS.

Allows a person sentenced for a first-time drug offense prior to 7/01/02, who has a satisfactory record of drug treatment and abstinence and a record free of any criminal conviction to apply for re-sentencing and expungement of related arrest and conviction records. (SD1)

JUD

HB 359

(HSCR461)

RELATING TO CAREGIVER CONSENT.

Authorizes a minor's caregiver to consent to health care services for the minor. Establishes requirements for caregiver consent affidavit.

HUS/HLT, JUD

HB 237

HD2

(HSCR400)

RELATING TO TORTS.

Establishes a commission within the DCCA Insurance Division to develop legislation for medical malpractice reform and evaluate the options of a State-sponsored insurance company or captive insurer to provide medical liability insurance. Effective July 1, 2099. (HB237 HD2)

HLT, CPC, JUD

HB 568

RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION.

Creates 2 new offenses related to illegal compensation of public servants: bribery in the second degree and unlawful gift to public servants by persons subject to their jurisdiction.

JUD

     

DECISION MAKING TO FOLLOW

THE FOLLOWING BILLS ARE FOR DECISION MAKING ONLY

NO PUBLIC TESTIMONY WILL BE ACCEPTED

HB 762

(HSCR491)

RELATING TO HAWAII WORKSITE TEMPORARY RESTRAINING ORDER ACT.

Establishes a mechanism for employers to obtain temporary restraining orders to protect against harassment at the worksite.

LAB, JUD

HB 1715

RELATING TO CIVIL RIGHTS.

Prohibits discrimination in real property transactions on the basis of gender identity or expression, and sexual orientation. Prohibits discrimination in blockbusting on the basis of gender identity or expression, sexual orientation, and familial status.

JUD

HB 1768

RELATING TO OFFENDER REGISTRATION.

Revises sex offender registration requirements and provisions relating to public access to registration information.

JUD

HB 974 HD1

(Proposed)

RELATING TO SEX OFFENDER REGISTRATION.

Amends the current registration and public access laws governing sex offenders and offenders against children.

JUD

HB 771

RELATING TO SEXUAL OFFENDERS.

Provides that repeat sexual offenders who have been convicted on two prior and separate occasions for an offense under section 707-730, 707-731, 707-732, or 707-733.5 shall be placed on lifetime parole upon release from prison.

JUD

HB 1734

RELATING TO DRUGS.

Repeals section 46-15.39, Hawaii Revised Statutes, returning traditional zoning regulatory authority in residential zones back to the counties.

JUD

HB 783

HD1

(HSCR352)

RELATING TO MORTGAGE FORECLOSURES.

Repeals the 1874 nonjudicial (power of sale) foreclosure law. Amends the 1998 alternate power of sale foreclosure process by allowing all mortgages to be foreclosed through the process, capping the public sale purchaser's downpayment to not more than 10 percent of the highest successful bid, removing the requirement that the borrower sign the conveyance document, and clarifying that the new property owner may take possession no sooner than 45 days after the public sale. Effective July 1, 2099. (HB783 HD1)

CPC, JUD

HB 1383

(HSCR263)

RELATING TO GOVERNMENT REFORM.

Improves government by instituting bribery-reporting requirements.

LMG, 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 422, 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 ALSO BE FAXED IF LESS THAN 5 PAGES IN LENGTH 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.

WHEN SUBMITTING TESTIMONY ON MULTIPLE BILLS, PLEASE SUBMIT SEPARATE PIECES OF TESTIMONY FOR EACH BILL YOU WILL BE TESTIFYING ON.

IT IS ALSO REQUESTED THAT THE COPIES BE ON ONE SIDE OF AN 8-1/2" X 11" SHEET WITH TWO HOLES PUNCHED AT THE TOP. FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-8530.

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. Sylvia Luke

Chair