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. Blake K. Oshiro

Rep. Rida T.R. Cabanilla

Rep. Joseph M. Souki

Rep. Mele Carroll

Rep. Clift Tsuji

Rep. Robert N. Herkes

Rep. George R. Fontaine

Rep. Ken Ito

Rep. Barbara C. Marumoto

Rep. Sylvia Luke

Rep. Cynthia Thielen

Rep. Angus L.K. McKelvey

 

 

AMENDED NOTICE OF HEARING

 

DATE:

Tuesday, March 22, 2011

TIME:

2:00 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A M E N D E D A G E N D A

 

THE FOLLOWING MEASURE HAS BEEN ADDED TO THE AGENDA: SB1, SD2, HD1.

 

THE FOLLOWING MEASURES HAVE BEEN AMENDED TO DELETE THEIR PENDING REFERRAL STATUS: SB1458, SD2, HD1, SB921, SD2, HD1 SB934, SD2, HD1, SB981, SD2, HD1, SB986, SD2, HD1, SB1130, SD1, SB1520, SD2, HD1

 

THE FOLLOWING MEASURES HAVE BEEN AMENDED TO CORRECT THEIR DRAFT STATUS AND DESCRIPTION: SB934,SD2, HD1, SB981,SD2,HD1, SB1520, SD2, HD1.

 

THE FOLLOWING MEASURE HAS BEEN DELETED FROM THE AGENDA: SB172, SD2.

 

Copies of the PROPOSED DRAFT are available in room 302 and on the Legislature's website: http://www.capitol.hawaii.gov

 

 

SB 1076, SD1, HD1

(HSCR966)

Status

RELATING TO EMPLOYMENT PRACTICES.

Makes it unlawful for an employer or a labor organization with 100 or more employees and a collective bargaining agreement to bar or discharge from employment, withhold pay from, or demote an employee because the employee uses accrued and available sick leave; provided that the employer or labor organization may require the employee to provide written verification from a physician for three or more consecutive days of sick leave. Allows employers and labor organizations to bar or discharge from employment, withhold pay from, or demote an employee if the employee is unable to fulfill essential job functions or requirements of the employee's position, provided the employee's accrued and available sick leave are used first. Effective July 1, 2030. (SB1076 HD1)

 

LAB/ERB, JUD, FIN

SB 1089, SD1

(HSCR951)

Status

RELATING TO DISLOCATED WORKERS.

Authorizes the department of labor and industrial relations to exercise enforcement powers against an employer in a covered establishment. Effective 7/1/2050. (SD1)

 

LAB/ERB, JUD, FIN

SB 1458, SD2, HD1

(HSCR975)

Status

RELATING TO HEALTH.

Establishes a five-year medical marijuana distribution pilot program in the County of Maui. Specifies requirements for the licensing of a compassion care center. Effective July 1, 2050. (SB1458, HD1)

 

HLT/PBM, JUD, FIN

 

SB 170, SD1, HD1

(HSCR950)

Status

RELATING TO SHIPPING CONTAINER INSPECTIONS.

Authorizes the Department of Transportation and state civil defense to inspect shipping containers for dangerous materials, including explosives. Effective July 1, 2050. (SB170 HD1)

 

PBM/TRN, JUD, FIN

SB 172, SD2, HD1

(SSCR575)

Status

RELATING TO FIREWORKS.

Amends provisions of the fireworks code, imposing new definitions and permitting, importation, labeling, and inspection requirements. Authorizes the fire chief to revoke or suspend permits for enumerated reasons. (SD2, HD1)

 

PBM, JUD

Pending Referral

SB 671, SD2

(SSCR621)

Status

RELATING TO ETHICS.

PROPOSED HD1: Allows legislators and employees to accept certain invitations or tickets from a charitable entity, regardless of whether the charitable entity is the host or sponsor of the event. Requires these invitations and tickets to be reported to the Ethics Commission, regardless of their value. Effective upon its approval.

 

JUD, LMG

SB 921, SD2, HD1

(HSCR971)

Status

RELATING TO MINORS.

Allows a child services provider authorized by the Department of Human Services to provide emergency shelter and related services to a minor under certain circumstances. Effective July 1, 2050. (SB921 HD1)

 

HUS, JUD, FIN

 

SB 934, SD2, HD1

(HSCR981)

Status

RELATING TO BULLYING AND CYBERBULLYING.

Establishes a bullying and cyberbullying policy for all public schools. Requires implementation of the policy in all public schools. Establishes bullying and cyberbullying reporting requirements for all public schools. Defines "bullying" and "cyberbullying". Requires the department of education and the charter school review panel to report to the legislature annually. Effective July 1, 2050. (SB934 HD1)

 

EDN, JUD, FIN

SB 1291, SD2, HD1

(HSCR968)

Status

RELATING TO CHILD PROTECTIVE ACT COURT PROCEEDINGS.

Ensures that Child Protective Act hearings in chapter 587A, Hawaii Revised Statutes, are consistent with federal Title IV-E provisions. Effective July 1, 2075. (SB1291 HD1)

 

HUS, JUD, FIN

SB 1187, SD1

(SSCR618)

Status

PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 6, OF THE HAWAII STATE CONSTITUTION, TO PROVIDE FOR THE ELECTION OF THE ATTORNEY GENERAL.

Proposes amendment to article V, section 6, of the state constitution to provide that the attorney general be elected as a nonpartisan elected official rather than appointed by the governor. (SD1)

 

JUD, FIN

SB 981, SD2, HD1

(HSCR996)

Status

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.

Requires certain council, board, and commission members to take a training course offered by the Office of Hawaiian Affairs relating to native Hawaiian traditional and customary rights, natural resource protection and access rights, and the public trust. Effective upon approval. (SB981 HD1)

 

HAW, JUD, FIN

SB 986, SD2, HD1

(HSCR999)

Status

RELATING TO THE CRIMINAL JUSTICE SYSTEM.

Establishes a task force to reduce the unnecessary involvement of individuals, particularly Native Hawaiians, with the criminal justice system. Effective July 1, 2011. (SB986 HD1)

 

HAW/PBM, JUD, FIN

 

SB 1130, SD1

(SSCR730)

Status

RELATING TO THE HAWAIIAN LANGUAGE.

Requires that all letterheads, documents, symbols, and emblems of the State and other political subdivision include accurate and appropriate Hawaiian names and language. Establishes references for accurate, appropriate, and authentic Hawaiian names and words, including proper Hawaiian spelling and punctuation. Effective 1/1/2012. (SD1)

 

HAW, JUD, FIN

 

SB 1520, SD2, HD1

(HSCR998)

Status

RELATING TO GOVERNMENT.

Recognizes the native Hawaiian people as the only indigenous, aboriginal, maoli people of Hawaii. (SB1520 HD1)

 

HAW, JUD, FIN

SB 1, SD2, HD1

(HSCR993)

Status

RELATING TO STATE RECOGNITION OF THE NATIVE HAWAIIAN PEOPLE, THEIR LANDS, ENTITLEMENTS, HEALTH, EDUCATION, WELFARE, HERITAGE, AND CULTURE.

Establishes a commission to prepare and maintain a roll of qualified native Hawaiians; requires the commission to publish the roll for the purpose of organizing a convention of qualified native Hawaiians; requires the governor to dissolve the commission after the commission publishes notice of the updated roll; appropriates unspecified funds. (HD1)

 

HAW, JUD, FIN

 

 

 

 

DECISION MAKING TO FOLLOW

 

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