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

 

 

NOTICE OF HEARING

 

DATE:

Tuesday, February 21, 2012

TIME:

2:00 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 578, HD1

(HSCR383)

Status

RELATING TO SHARK FEEDING.

Establishes administrative fines for shark feeding. (HB578 HD1)

 

 

WLO, JUD

HB 1950, HD1

(HSCR388-12)

Status

RELATING TO FIREARMS.

Restricts hunting to areas on public land where hunting is permitted or to areas on private land where the landowner has granted written permission. Allows transport and possession of firearms and ammunition in areas where hunting is permitted. Requires hunters to obtain written permission from landowners to hunt on private lands. Effective July 1, 2012. (HB1950 HD1)

 

WLO, JUD

HB 1730, HD1

(HSCR22-12)

Status

RELATING TO THE LAND USE COMMISSION.

Prohibits members of the land use commission from voting on action taken by the commission if there is a conflict of interest. (HB1730 HD1)

 

WLO, JUD

HB 2611, HD1

(HSCR590-12)

Status

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.

Temporarily amends chapter 343, Hawaii Revised Statutes to clarify current exemptions for secondary actions and require that applicants prepare environmental assessments when required. Effective July 1, 2012. Repeal on July 1, 2013. (HB2611 HD1)

 

TRN, EEP, JUD

HB 2587

(HSCR42-12)

Status

RELATING TO SAILING SCHOOL VESSELS.

Amends the definition of "sailing school vessel" to mean, among other things, a vessel that is in compliance with the Federal Code of Regulations, Title 46, Part 169.

 

WLO, JUD

HB 2228, HD1

(HSCR139-12)

Status

RELATING TO BREASTFEEDING IN THE WORKPLACE.

Requires an employer with twenty or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy. Requires covered employers to post a notice pertaining to this provision in a conspicuous location. Establishes a civil fine of $50 for the failure of an employer to provide a location or post notice. (HB2228 HD1)

 

LAB, JUD

HB 2686

Status

RELATING TO CIVIL LIABILITY.

Exempts the owners of private property from liability for injury, death, loss, or damage suffered by another if the person was allowed on the premises due to an emergency, unless it was intentionally inflicted or occurred by the gross negligence of the private property owner or an agent of the private property owner.

 

JUD

HB 1772

Status

RELATING TO VIOLATION OF PRIVACY.

Amends the offense of violation of privacy in the second degree under section 711-1111, HRS, to exclude surveillance of another person in a stage of undress or sexual activity because that conduct is prohibited by the offense of privacy in the first degree under section 711-1110.9, HRS.

 

JUD

HB 2736

(HSCR382-12)

Status

RELATING TO PROMOTION OF CONTROLLED SUBSTANCES.

Extends prohibition of promoting a controlled substance in, on, or near schools, school vehicles, or public parks to include public housing projects and complexes.

 

HSG, JUD

HB 259

Status

RELATING TO CAMPAIGN SPENDING.

Prohibits a candidate from using contributions to pursue nomination and election to another state or county office without the contributor's consent.

 

JUD

HB 2175, HD1

(HSCR583-12)

Status

RELATING TO ETHICS.

Exempts a person serving on a task force, working group, or other similar entities established by the legislature for the purpose of recommending possible legislation from the conflict of interest law under the state ethics code and clarifies that an employee, as defined in the ethics code, does not include such persons. (HB2175 HD1)

 

LMG, JUD

HB 2157

Status

RELATING TO PUBLIC OFFICERS.

Deems elected state or county officers to have resigned from office upon registering with the campaign spending commission as a candidate for another elective state, county, or federal office with a term that begins during the term of the office currently held.

 

JUD

HB 2751, HD1

(HSCR582-12)

Status

RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION.

Implements the Legislature's constitutional authority to take action against disorderly or contemptuous behavior at the Legislature. Effective July 1, 2034. (HB2751 HD1)

 

LMG, JUD

HB 2742

Status

RELATING TO PUBLIC AGENCY MEETINGS AND RECORDS.

Exempts the county councils from the Sunshine Law.

 

JUD

HB 2537, HD1

(HSCR417-12)

Status

RELATING TO DISCLOSURE OF RECORDS CONCERNING APPLICANTS AND RECIPIENTS OF HUMAN SERVICES AFTER AN IN CAMERA REVIEW BY THE COURT.

Allows the Department of Human Services to disclose confidential records pursuant to a court order, after an in camera review of the records by the court, upon a showing of good cause by the party seeking the release of the records. (HB2537 HD1)

 

HUS, JUD

HB 2441, HD1

(HSCR416-12)

Status

RELATING TO CHILD SUPPORT ENFORCEMENT.

Includes the date that services for remuneration were first performed as information to be provided to the Child Support Enforcement Agency through the new hire reporting process. Establishes notice and time limit requirements for employers or unions in receipt of notice regarding health insurance for a dependent child. (HB2441 HD1)

 

HUS, JUD

HB 2679

Status

RELATING TO ANIMAL CRUELTY.

Extends procedures for impoundment and forfeiture for cruelty to animal offense to equines to the same extent as pet animals.

 

JUD

HB 2296

Status

RELATING TO ANIMAL WELFARE.

Prohibits the purchase, sale, transportation, and delivery of any product, item, or substance containing, labeled, or advertised as containing bear gallbladders or bile.

 

JUD

HB 1170

Status

RELATING TO OFFENSES AGAINST PUBLIC ORDER.

Criminalizes the consumption of or trafficking in dog, cat or equine animal meat for the purpose of human consumption.

 

JUD

HB 1829, HD1

(HSCR613-12)

Status

RELATING TO LEASES.

Requires lessors of commercial and industrial property to afford lessees the option of renewing their leases. Requires, in leasehold renegotiations, that a rent based on fair market value shall apply even if that value is lower than existing rent and the lease contract bars the lowering of rent upon renegotiation. Effective July 1, 2112. (HB1829 HD1)

 

ERB, JUD

HB 69, HD1

(HSCR302)

Status

RELATING TO PLANNED COMMUNITY ASSOCIATIONS.

Prohibits planned community associations and their boards of directors from: (1) Disallowing a member's or their bona fide tenant from displaying house-mounted United States and State of Hawaii flags on their residential dwellings; and (2) Assessing or charging any fee or fine, or imposing any penalty, on their members, for house-mounted display of these flags. Requires the flags to be displayed in a prominent position on the residential dwelling. (HB69 HD1)

 

HSG, JUD

DECISION MAKING TO FOLLOW

 

DECISION MAKING ONLY

 

The following measure was previously heard on February 16, 2012. No public testimony will be accepted.

 

HB 2852

Status

RELATING TO LANDOWNER LIABILITY.

Creates a cause of action against any person who maintains a property nuisance that causes injury or damage to the person or property of another person.

 

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 copies (including an original) to Room 302 in the State Capitol;

FAX: For comments less than 5 pages in length, transmit to 586-6210 (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 10MB in size, transmit from 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