HOUSE OF REPRESENTATIVES

THE TWENTY-SIXTH LEGISLATURE

REGULAR SESSION OF 2012

 

COMMITTEE ON JUDICIARY

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

Rep. Karl Rhoads, Vice Chair

 

Rep. Tom Brower

Rep. Angus L.K. McKelvey

Rep. Rida T.R. Cabanilla

Rep. Joseph M. Souki

Rep. Mele Carroll

Rep. Clift Tsuji

Rep. Denny Coffman

Rep. George R. Fontaine

Rep. Robert N. Herkes

Rep. Barbara C. Marumoto

Rep. Ken Ito

Rep. Cynthia Thielen

Rep. Sylvia Luke

 

 

AMENDED NOTICE OF HEARING

 

DATE:

Tuesday, February 07, 2012

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(s) has been DELETED from the agenda: HB465, HD1

 

HB 46, HD1

(HSCR257)

Status

RELATING TO PUBLIC HOUSING.

Prohibits smoking in enclosed or partially enclosed common areas of public housing projects. (HB46 HD1)

 

HSG, JUD

HB 755, HD1

(HSCR121)

Status

RELATING TO PUBLIC HOUSING.

Conforms public housing eviction procedural requirements to federal law. Requires evictions to be conducted by hearings officers appointed by the Hawaii Public Housing Authority in collaboration with the Department of Human Services. (HB755 HD1)

 

HSG, JUD, FIN

HB 1765, HD1

(HSCR54-12)

Status

RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR COUNTY EMPLOYEES.

Allows counties to conduct criminal history checks on prospective liquor commission employees. Allows counties to conduct criminal history checks on prospective employees working with vulnerable adults or seniors, employees for fire department and emergency medical services positions, and emergency management employees with certain additional requirements. Allows for criminal history record checks to be conducted on an employee's most recent fifteen year period. (HB1765 HD1)

 

LAB, JUD, FIN

HB 1679, HD1

(HSCR19-12)

Status

RELATING TO WAGES.

Requires employers to provide employees with specific wage and employer information in employees' pay records. Effective January 1, 2013. (HB1679 HD1)

 

LAB/ERB, JUD, FIN

HB 1680, HD1

(HSCR20-12)

Status

RELATING TO EMPLOYMENT PRACTICES.

Prohibits any employer or employment agency from publishing a job advertisement that states that an applicant for the job must be currently employed. Prohibits an employer or employment agency from refusing to hire or employ any individual solely because the individual was unemployed at the time the advertisement for the job vacancy was published. Effective January 31, 2057. (HB1680 HD1)

 

LAB/ERB, JUD, FIN

HB 465, HD1

(HSCR148)

Status

RELATING TO DISLOCATED WORKERS.

Mandates the Department of Labor and Industrial Relations to exercise enforcement powers against an employer in a covered establishment that would require the employer to adhere to, and comply with, the notification and penalty provisions of section 394B-9, Hawaii Revised Statutes. (HB465 HD1)

 

LAB/ERB, JUD, FIN

HB 2590, HD1

(HSCR40-12)

Status

RELATING TO AQUATIC RESOURCE VIOLATIONS.

Provides for natural resource-related community service administrative penalty alternatives and an enhanced collection mechanism for outstanding fines and penalties resulting from aquatic resource violations. (HB2590 HD1)

 

WLO, JUD, FIN

HB 2589, HD1

(HSCR67-12)

Status

RELATING TO VESSELS.

Clarifies responsibility for disposing of vessels and amends the description of an abandoned vessel. (HB2589 HD1)

 

WLO, JUD, FIN

HB 2072, HD1

(HSCR46-12)

Status

RELATING TO HEALTH.

Allows the Department of Health to share records with other state departments and agencies upon authorization of a person with a direct and tangible interest in the record. Effective July 1, 2050. (HB2072 HD1)

 

HLT, JUD, FIN

HB 1708, HD1

(HSCR48-12)

Status

RELATING TO MENTAL HEALTH.

Authorizes the emergency examination of a patient by telemedicine for the purposes of emergency hospitalization in a psychiatric facility. Effective July 1, 2050. (HB1708 HD1)

 

HLT, JUD, FIN

HB 1967, HD1

(HSCR50-12)

Status

RELATING TO MEDICAL CLAIM CONCILIATION.

Amends the medical tort chapter of the Hawaii Revised Statutes, to make the medical claims conciliation process less adversarial and to emphasize inquiry, conciliation, and settlement. Renames the panels to medical inquiry and conciliation panels. (HB1967 HD1).

 

HLT, JUD, FIN

HB 2614, HD1

(HSCR70-12)

Status

RELATING TO THE COMMERCIAL HARBORS.

Amends chapter 266, Hawaii Revised Statutes, to clarify that persons cited for non-criminal violations are subject to administrative appeal and not District Court. Clarifies that enforcement agents such as the harbor master, harbor agents, facility security officer, or district manager can issue citations for criminal violations. Provides that penalties and fines are deposited into the Harbor Special Fund. Allows the Department of Transportation to seek reimbursement from tenants or harbor users that violate security rules in harbor secured areas thereby causing a fine or penalty from the U.S. Coast Guard to be levied on the Department of Transportation. (HB2614 HD1)

 

TRN, JUD, FIN

HB 2320, HD1

(HSCR71-12)

Status

RELATING TO HIGHWAY SAFETY.

Clarifies recommendations of the ignition interlock implementation task force. Allows for renewal of a driver's license revoked for impaired driving. Allows repeat intoxicated drivers to install ignition interlock devices in any vehicle they operate, by eliminating the requirement to surrender motor vehicle registrations and license plates. Provides guidelines for ignition interlock instruction permits and ignition interlock permits. Allows individuals with a lifetime revocation to apply for reinstatement of license and privilege to operate a motor vehicle without an ignition interlock after three years with an ignition interlock permit. Requires courts to grant petition for reinstatement if certain requirements are met. Makes housekeeping amendments to chapter 291E. Effective July 1, 2012. (HB2320 HD1)

 

TRN, JUD, FIN

HB 2842

Status

RELATING TO PUBLIC SAFETY.

Creates the offense of committing a criminal offense while released on bail. Provides penalty as a class C felony.

 

JUD

HB 1771

Status

RELATING TO FELONIES FOR WHICH CRIMINAL CHARGES MAY BE INSTITUTED BY WRITTEN INFORMATION.

Amends section 806-83, HRS, to add felonies for which criminal charges may be instituted by written information (section 708-803 (habitual property crime), section 708- (unauthorized entry in a dwelling in the first degree), section 708-812.6 (unauthorized entry in a dwelling in the second degree), and section 708-835.7 (theft of copper)).

 

JUD

HB 2574

Status

RELATING TO NOTIFICATION OF CHAPTER 91 HEARINGS.

Authorizes notification of chapter 91, Hawaii Revised Statutes, agency hearings, by written notice of hearing by first class mail and eliminates requirement for notice by registered or certified mail with return receipt.

 

JUD, FIN

HB 2475

Status

RELATING TO PUBLIC MEETINGS.

Use of interactive conference technology to increase ability of members of state and county boards and commissions to attend board meetings.

 

JUD, FIN

 

DECISION MAKING TO FOLLOW

 

 

 

DECISION MAKING ONLY

 

 

The following measure(s) were previously heard on January 26, 2012. No public testimony will be accepted.

 

HB 1695

Status

RELATING TO TAXATION.

Prohibits penalties for substantial understatements or misstatements and for erroneous claims for refund or credit from being added to tax underpayments on which certain other penalties are already imposed.

 

JUD, FIN

 

 

 

The following measure(s) were previously heard on January 31, 2012. No public testimony will be accepted.

 

HB 2569

Status

RELATING TO CIVIL UNIONS.

Amends various statutory provisions related to civil unions and conforming amendments to recognize civil unions; deletes the eligibility requirement for a civil union requiring termination of an existing reciprocal beneficiary relationship, except for out-of-state unions recognized in the State as civil unions; authorizes any licensing agent statewide to issue a civil union license; authorizes the Department of Health to collect fees for civil union licenses to allow for application online; conforms the information collected by civil union solemnizers to the information collected by marriage solemnizers; makes a reciprocal beneficiary relationship automatically terminate upon either party entering into a civil union; authorizes civil union partners to change their names on the certificate of civil union; and confirms that the family court has jurisdiction over the divorce, annulment, and separation of partners to a union that is recognized as a civil union in this State.

 

JUD, FIN

 

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 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/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 586-6210 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