HOUSE OF REPRESENTATIVES

THE TWENTY-SIXTH LEGISLATURE

REGULAR SESSION OF 2012

 

COMMITTEE ON HUMAN SERVICES

Rep. John M. Mizuno, Chair

Rep. Jo Jordan, Vice Chair

 

Rep. Della Au Belatti

Rep. Jessica Wooley

Rep. Faye P. Hanohano

Rep. Ryan I. Yamane

Rep. Chris Lee

Rep. Corinne W.L. Ching

Rep. Dee Morikawa

Rep. Kymberly Marcos Pine

 

AMENDED NOTICE OF HEARING

 

DATE:

Monday, January 30, 2012

TIME:

8:30am

PLACE:

Conference Room 329

State Capitol

415 South Beretania Street

 

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

 

THE FOLLOWING BILL HAS BEEN DELETED: HB2134

 

HB 1918

Status

RELATING TO DOMESTIC ABUSE.

Prohibits the appointment of police officers or public safety officers within three years of a domestic abuse conviction or plea. Authorizes the suspension or dismissal of police officers and public safety officers who commit domestic abuse.

 

HUS, PBM/LAB, JUD

HB 2051

Status

RELATING TO DOMESTIC VIOLENCE.

Requires the family court to maintain a computerized database containing information regarding covered offenders who have at least three convictions of abuse of a family or household member. Specifies information the database must contain. Allows a covered offender whose name is included in the database to petition for removal of the covered offender's name under certain circumstances.

 

HUS, JUD, FIN

HB 1716

Status

RELATING TO DOMESTIC ABUSE.

Establishes that if a protective order is issued to prevent sexual offenses or child abuse or a recurrence of such acts between family or household members, the court shall issue a permanent protective order. Amends the definition of domestic abuse to include sexual offenses or child abuse committed by one family or household member against another family or household member.

 

HUS, JUD, FIN

HB 1729

Status

RELATING TO TEMPORARY RESTRAINING ORDERS.

Requires petitioners for temporary restraining orders to disclose all pending litigation involving the petitioner. Specifies a court's discretion to meet with the petitioner to receive additional information prior to granting a temporary restraining order. Defines "imminent" with regard to the type of harm for which a temporary restraining order may be issued.

 

HUS, JUD, FIN

HB 1915

Status

RELATING TO MEDICAID.

Requires DHS to notify the legislature of any proposed changes and state plan amendments. Authorizes legislature to require DHS to make changes to medicaid or submit a state plan amendment.

 

HUS, LMG, FIN

HB 1919

Status

RELATING TO DOMESTIC VIOLENCE.

Establishes a domestic violence court pilot program and a domestic violence task force. authorizes the department of human services to create a family justice task force. Broadens the group of persons required to report child abuse and neglect. Authorizes electronic monitoring of persons convicted of violating a domestic abuse temporary restraining order or protective order.

 

HUS, JUD, FIN

HB 1921

Status

RELATING TO TEMPORARY RESTRAINING ORDERS.

Allows temporary restraining orders against harassment and domestic abuse to be issued upon the submission of oral sworn testimony or complaint to a judge by electronic means.

 

HUS, JUD, FIN

HB 1933

Status

RELATING TO LIMITATION OF ACTIONS.

Extends the statute of limitations for civil actions brought by persons subjected to sexual offenses as a minor against the person who committed the act. Revives for a two-year period certain actions for which the statute of limitations had previously lapsed. Authorizes a court to award attorney's fees to a defendant when a accusation of sexual abuse was made with no basis in fact and with malicious intent.

 

HUS, JUD, FIN

HB 2139

Status

RELATING TO LIMITATION OF ACTIONS.

Extends the statute of limitations for civil actions brought by persons subjected to sexual offenses as a minor against the person who committed the act. Revives for a 2-year period certain actions for which the statute of limitations had previously lapsed. Authorizes a court to award attorney's fees to a defendant when an accusation of sexual abuse was made with no basis in fact and with malicious intent.

 

HUS, JUD, FIN

HB 2134

Status

RELATING TO CRIME.

Exempts applicants, recipients, or their minor dependents from the prohibition against divulging confidential information regarding their own information, and prohibits the Department of Human Services from adopting or enforcing rules or policies to prevent applicants, recipients, or their minor dependents from disclosing information regarding their applications, records, services received, or any pending investigations against them.

 

HUS, JUD, FIN

HB 2140

Status

RELATING TO CHILD PROTECTION.

Establishes a preference for allowing a child who has been or is at risk of being abused to remain in a safe family home, and requiring the perpetrator of the abuse to leave the home, in certain cases of reported or suspected child abuse or neglect. Requires the abused child and the perpetrator of the abuse to receive treatment and services as part of the service plan to return a child in foster care back to the family home.

 

HUS, JUD, FIN

HB 2234

Status

RELATING TO MINORS.

Establishes the minor victims of prostitution special fund. Amends the definition of child abuse or neglect to include acts or omissions of any person or legal entity. Requires mandatory reporting when there is reasonable suspicion of child abuse or neglect. Requires law enforcement to immediately report incidents of child prostitution to DHS. Grants the family court exclusive jurisdiction over any person under eighteen who is charged with an offense of prostitution. Amends the statute of limitations under the prostitution coercion liability act. Establishes that a person who is under eighteen and suspected of or charged with an offense of prostitution shall be granted immunity from prosecution, and shall be subject to the child protective provisions of chapter 587A. Establishes a two-year victim services pilot program to address the needs of minor victims of prostitution.

 

HUS, JUD, FIN

HB 2235

Status

RELATING TO PROSTITUTION.

Authorizes a person convicted of committing the offense of prostitution to file a motion to vacate the judgment under certain circumstances; establishes procedures for the motion to vacate.

 

HUS, JUD, FIN

HB 1913

Status

RELATING TO MEDICAID.

Directs the Auditor to conduct a management and financial audit of the services provided by Evercare and Ohana Health Plan to medicaid clients under QUEST Expanded Access. Requires the Auditor to submit its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days before the convening of the Regular Session of 2013. Effective July 1, 2012.

 

HUS, LMG, FIN

HB 2285

Status

RELATING TO MEDICAID.

Requires the auditor to conduct a management and financial audit of the services provided by Evercare and Ohana Health Plan to medicaid clients under the QUEST Expanded Access program. Effective July 1, 2012.

 

HUS, LMG, FIN

HB 2190

Status

RELATING TO MANDATORY REPORTING.

Requires suspected financial abuse of an elder to be reported to local law enforcement and DHS. Mandates sharing of records between DHS and local law enforcement.

 

HUS, JUD/CPC, FIN

HB 2192

Status

RELATING TO THE ELDERLY.

Creates the crime of financial exploitation of dependent elder and provides enhanced penalties. Requires financial institutions to report suspected financial abuse to the adult protective services and the county police. Requires two signatures of unrelated persons as witnesses to the execution of a power of attorney for health care.

 

HUS, JUD/CPC, FIN

HB 2098

Status

RELATING TO ELDER ABUSE.

Authorizes a private cause of action for financial exploitation of a vulnerable adult. Allows for attorney's fees, costs, and punitive damages.

 

HUS, JUD, FIN

HB 2350

Status

RELATING TO APPROPRIATIONS FOR THE HONOLULU FAMILY JUSTICE CENTER.

Appropriation to the department of the prosecuting attorney of the city and county of Honolulu for the Honolulu family justice center.

 

HUS, JUD, FIN

HB 2351

Status

RELATING TO APPROPRIATIONS TO THE JUDICIARY.

Makes a grant-in-aid to the judiciary for the hiring of 2 judges and necessary staff in the family court of the 1st judicial circuit, to conduct jury trials for misdemeanor domestic violence and domestic violence-related cases.

 

HUS, JUD, FIN

HB 1715

Status

RELATING TO INCOME TAX.

Increases from $5 to $10 the amount of authorized income tax check-off that may be designated payable from an individual's state income tax refund to certain special funds or accounts. Permits designation of check-off in the amount of $5 or $10 to the special funds or accounts specified.

 

HUS, JUD, FIN

 

 

 

 

DECISION MAKING TO FOLLOW

 

THE FOLLOWING BILLS ARE FOR DECISION MAKING ONLY:

 

HB 770

Status

RELATING TO HUMAN SERVICES.

Relating to human services, short form.

 

HUS

HB 771

Status

RELATING TO HUMAN SERVICES.

Relating to human services, short form.

 

HUS

HB 1905

Status

RELATING TO HUMAN SERVICES.

Amends the Hawaii Revised Statutes relating to human services.

 

HUS

 

 

 

 

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: Five copies (including an original) to Room 323 in the State Capitol;

FAX: For comments less than 5 pages in length, transmit to 586-6051 (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 HUStestimony@Capitol.hawaii.gov ; or

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

 

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 586-6050 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. John M. Mizuno

Chair