HOUSE OF REPRESENTATIVES

THE TWENTY-SIXTH LEGISLATURE

REGULAR SESSION OF 2011

 

COMMITTEE ON JUDICIARY

Rep. Gilbert S.C. Keith-Agaran, Chair

Rep. Karl Rhoads, Vice Chair

 

Rep. Tom Brower

Rep. Hermina M. Morita

Rep. Rida T.R. Cabanilla

Rep. Blake K. Oshiro

Rep. Mele Carroll

Rep. Joseph M. Souki

Rep. Robert N. Herkes

Rep. Clift Tsuji

Rep. Ken Ito

Rep. George R. Fontaine

Rep. Sylvia Luke

Rep. Barbara C. Marumoto

Rep. Angus L.K. McKelvey

Rep. Cynthia Thielen

 

NOTICE OF HEARING

 

DATE:

Tuesday, March 01, 2011

TIME:

2:00 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 747

Status

RELATING TO LIQUOR LIABILITY INSURANCE.

Removes requirement that a retail dealer shall carry liquor liability insurance in order to obtain or maintain a class 4 liquor license. Repeals insurance coverage exemption for convenience minimarts.

 

JUD

HB 1486

(HSCR431)

Status

RELATING TO SMALL BOAT HARBORS.

Requires small boat harbor vessel permittees who, in the course of providing an excursion using state boating facilities, disembark fare-paying passengers in certain counties with the expectation that they will visit state property adjacent to quasi-public property during the excursion, to accompany passengers at all times while ashore.

 

WLO, JUD

HB 1339

(HSCR442)

Status

RELATING TO LIQUOR COMMISSIONS.

Requires county liquor commissions to adopt or amend rules regarding conduct of patrons and to define the term "dancing."

 

ERB, JUD

HB 98, HD1

(HSCR439)

Status

RELATING TO TOBACCO.

Makes it unlawful for minors, defined as persons under age eighteen, to possess or use tobacco products. Exempts minors when lawfully delivering tobacco products under the direction of an employer or participating in a law enforcement activity. Amends consequences for a minor for subsequent offenses. Effective July 1, 2112. (HB98 HD1)

 

ERB, JUD

HB 393, HD1

(HSCR267)

Status

RELATING TO CRIME.

Amends the driver's license revocation provision to require a lifetime revocation for manslaughter involving the operation of a vehicle, five to ten years for negligent homicide in the first degree, and two to five years for negligent homicide in the second degree.  Allows for up to two years of imprisonment when a convicted defendant is sentenced to probation for manslaughter. Effective July 1, 2050. (HB393 HD1)

 

TRN, JUD

HB 1497

Status

RELATING TO ELECTIONS.

Increases the membership of the boards of registration from three persons to five persons and sets deadline for appointment of the additional members. Requires the president of the senate and the speaker of the house of representatives to each nominate one person to each board of registration. Requires that all board members be in good standing within their respective political parties. Prohibits individuals who have served in a leadership or staff position for any political party within eighteen months prior to nomination from being appointed to a board of registration.

 

JUD

HB 917

(HSCR516)

Status

RELATING TO TRANSPORTATION.

Exempts from county approval state department of transportation development and construction of highways and airports.

 

TRN, WLO/EEP, JUD

HB 548, HD2

(HSCR518)

Status

RELATING TO TRESPASS.

Holds authors and publishers of visitor websites and publications liable to readers who suffer injury or death as a result of being enticed to go onto private or public lands from which the public is excluded. (HB548 HD2)

 

TOU, WLO, JUD

HB 1607, HD1

(HSCR331)

Status

RELATING TO RANGE LAND LIABILITY.

Limits range land owners' liability in cases of trespass or granted recreational use. Effective July 1, 2020. (HB1607 HD1)

 

AGR, JUD

HB 227, HD1

(HSCR382)

Status

RELATING TO TRESPASS.

Strengthens trespass provisions regarding a person who enters or remains unlawfully on unimproved or unused land; adds entering and remaining on unimproved or unused land that is fenced or enclosed, or with a "private property" sign, to the offense of criminal trespass in the second degree. (HB227 HD1)

 

WLO, JUD

HB 878

(HSCR176)

Status

RELATING TO NONPROFIT CORPORATIONS.

Amends the Hawaii nonprofit corporations act to permit member actions by ballot and electronic voting, use of electronic notice, and conduct of meeting by teleconference.

 

CPC, JUD

HB 320, HD1

(HSCR175)

Status

RELATING TO BROKER PRICE OPINIONS.

Permits a licensed real estate broker or real estate sales person to prepare broker price opinions for use in real estate transactions where an appraisal is not required by law or otherwise. Effective July 1, 2011. (HB320 HD1)

 

CPC, JUD

 

DECISION MAKING TO FOLLOW

 

DECISION MAKING ONLY

 

 

The following measure(s) were previously heard on Tuesday, February 22nd at 2PM. HB618, HB1007, HB1155, HB56, HB909, HB242. No Public testimony will be accepted.

 

HB 618

Status

RELATING TO OFFENSES AGAINST PUBLIC ORDER.

Makes the use of another person's name or persona to create a web page on or to post one or more messages on a commercial social networking site, without the permission of the other person, and with the intent to harm, defraud, intimidate, or threaten any person, a misdemeanor. Makes the repeated commission of this offense a class C felony. Provides that harassment by impersonation, if committed with the intent to solicit a response by emergency services personnel, is a class C felony.

 

JUD

HB 1007

Status

RELATING TO PORNOGRAPHY OFFENSES AGAINST CHILDREN.

Amends the offense of promoting pornography to minors to extend the prohibition against disseminating pornographic material to minors to include disseminating pornographic material to another person who represents that person to be a minor; and adds the offense of promoting child abuse in the third degree to the information charging law.

 

JUD

HB 1155

Status

RELATING TO REPEAT OFFENDERS.

Excludes non-violent offenders from repeat offenders statute requiring mandatory minimum prison terms.

 

JUD

HB 56, HD1

(HSCR475)

Status

RELATING TO CHILD VISITATION.

Permits family court to award reasonable visitation to grandparents if denial of visitation would cause significant harm to the child. Establishes a rebuttable presumption that visitation decisions by a parent are in the best interests of the child. Presumption may be rebutted by a preponderance of clear and convincing evidence. Identifies factors court may consider in awarding visitation. Effective July 1, 2050. (HB56 HD1)

 

HUS, JUD

HB 909, HD1

(HSCR394)

Status

RELATING TO FAMILY COURT.

Provides that the date of valuation of marital assets is the date of the filing of the divorce complaint. Defines duties owed by parties to a divorce. Defines various terms. Effective date July 1, 2050. (HB909 HD1)

 

HUS, JUD

HB 242

Status

RELATING TO PROMOTING PROSTITUTION.

Amends Act 192, Session Laws of Hawaii 2008, to make the offense of habitual solicitation of prostitution a class C felony.

 

JUD

The following measure(s) were previously heard on Thursday, February 24nd at 2:15 PM. HB117, HB1133. No public testimony will be accepted.

 

 

HB 117, HD1

(HSCR380)

Status

RELATING TO SPECIAL MANAGEMENT AREAS.

Removes the valuation threshold for the review of minor projects within the special management areas. Effective July 1, 3000. (HB117 HD1)

 

WLO/EEP, JUD

HB 1133, HD1

(HSCR398)

Status

RELATING TO VETERINARY MEDICINE.

Makes intentional or knowing performance of a veterinary procedure in a cruel or inhumane manner by an unlicensed person a Class C felony. Subjects cropping or docking by an unlicensed person for compensation to the law against cruelty to animals in the 1st degree. (HB1133 HD1)

 

CPC, JUD

 

 

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing with a transmittal cover indicating:

     Testifier's name with position/title and organization;

     The Committee the comments are directed to;

     The date and time of the hearing;

     Measure number; and

     The number of copies the Committee is requesting.

 

While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the hearing or improperly identified or directed to the incorrect office, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER: 3 (three) copies (including an original) to Room 302 in the State Capitol;

FAX: For comments less than 5 pages in length, transmit to 586-6211 (for Oahu) or 1-800-535-3859 (for Neighbor Islanders without a computer to submit testimony through e-mail or the Web);

EMAIL: For comments less than 5 pages in length, transmit to JUDtestimony@Capitol.hawaii.gov ; or

WEB: For comments less than 4MB in size, transmit from the Web page at http://www.capitol.hawaii.gov/emailtestimony.

 

Testimony submitted will be placed on the Legislative Web site after the hearing adjourns. This public posting of testimony on the Web site should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6210 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements. Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live. Check the current legislative broadcast schedule on the "Capitol TV" Web site at www.capitoltv.org OR call 536-2100.

 

 

 

 

 

________________________________________

Rep. Gilbert Keith-Agaran

Chair