HOUSE OF REPRESENTATIVES

THE TWENTY-EIGHTH LEGISLATURE

REGULAR SESSION OF 2016

 

COMMITTEE ON JUDICIARY

Rep. Karl Rhoads, Chair

Rep. Joy A. San Buenaventura, Vice Chair

 

Rep. Della Au Belatti

Rep. Dee Morikawa

Rep. Tom Brower

Rep. Mark M. Nakashima

Rep. Richard P. Creagan

Rep. Gregg Takayama

Rep. Mark J. Hashem

Rep. Justin H. Woodson

Rep. Derek S.K. Kawakami

Rep. Bob McDermott

Rep. Chris Lee

Rep. Cynthia Thielen

 

AMENDED NOTICE OF HEARING

 

DATE:

Thursday, March 03, 2016

TIME:

2:00 p.m.

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: HB 1905

 

 

HB 1013, HD2

(HSCR425-16)

Status

RELATING TO EXPERIMENTAL TREATMENTS.

Establishes the Right to Try Act. Authorizes manufacturers to make investigational drugs, biological products, or devices available to terminally ill patients who have given written, informed consent. Exempts from liability and sanctions, persons who are involved in a patient's participation in experimental treatments for terminal illness. Effective 7/1/2112. (HB1013 HD2)

 

HLT, CPC, JUD

HB 1907, HD1

(HSCR326-16)

Status

RELATING TO SEXUAL ASSAULT.

Establishes the sexual assault kit tracking program. Requires a law enforcement agency to submit sexual assault kits obtained in connection to a criminal investigation to an authorized laboratory, the laboratory to complete the analysis, and results to be uploaded to authorized databases in a timely manner. Requires each law enforcement agency that obtains the sexual assault kits to report to the Department of the Attorney General annually on the number of sexual assault kits in its possession. Requires the county police departments, the Department of Public Safety, and the Division of Conservation and Resources Enforcement to submit a report to the legislature on the number of kits in its possession and progress on any backlog and make the reports available to the public. (HB1907 HD1)

 

HUS, JUD

HB 1905

(HSCR324-16)

Status

RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS.

Prohibits the court from granting mutual protective orders unless separate petitions are filed.

 

HUS, JUD

HB 2344, HD1

(HSCR538-16)

Status

RELATING TO ORDERS FOR IMMEDIATE PROTECTION.

Amends section 346-231, Hawaii Revised Statutes, to address inconsistencies in statutory requirements regarding orders for immediate protection; and allows the Department of Human Services discretion when to seek an order for immediate protection of vulnerable adults. (HB2344 HD1)

 

HUS, JUD

HB 2350, HD1

(HSCR661-16)

Status

RELATING TO FOSTER CHILDREN.

Updates the wording from "foster boarding home" to "resource family home" and "foster parents" to "resource caregivers"; establishes qualified immunity for resource caregivers and child caring institutions; adds the requirement that resource caregivers and child care institutions use the reasonable and prudent parent standard when authorizing children in foster care to participate in activities; and changes the age from sixteen to fourteen years of age for children in foster care to be involved in their foster care plans. (HB2350 HD1)

 

HUS, JUD

HB 2343, HD1

(HSCR482-16)

Status

RELATING TO REQUIREMENTS FOR CHILD CARE PROVIDERS.

Brings state law into alignment with changes to federal law regarding the Child Care and Development Block Grant, Public Law 113-186. Requires the Department of Human Services to establish minimum health and safety requirements for child care providers, including applicants, household members, employees, and prospective employees of licensed and registered child care homes and facilities, as well as persons exempt pursuant to section 346-152, Hawaii Revised Statutes, to be eligible to provide care to a child whose family receives a child care subsidy from the Department. (HB2343 HD1)

 

HUS/HLT, JUD

HB 2340

(HSCR537-16)

Status

RELATING TO CRIMINAL HISTORY RECORDS CHECKS UNDER THE CHILD PROTECTIVE ACT.

Amends the Child Protective Act to allow the Department of Human Services to access criminal history records without consent of individuals identified as alleged perpetrators of harm or threatened harm to a child, and individuals identified as adult household members living in the family home with the alleged victim child.

 

HUS, JUD

HB 1747

(HSCR336-16)

Status

RELATING TO MOTOR VEHICLES.

Authorizes a police officer to cause to be towed a motor vehicle if the operator is arrested or cited for various traffic offenses, including driving under the influence of an intoxicant. Provides exceptions. Provides notice and hearing requirements.

 

TRN, JUD

HB 1705

(HSCR503-16)

Status

RELATING TO MOTOR VEHICLE INSURANCE.

Allows proof of motor vehicle insurance to be displayed in electronic format on a mobile electronic device.

 

CPC, JUD

HB 2378, HD1

(HSCR437-16)

Status

RELATING TO FOREST RESERVES VIOLATIONS.

Allows the Board to set, charge, and collect fines for violations of section 183-17, Hawaii Revised Statutes. Clarifies that any person violating any provision of part II of chapter 183, Hawaii Revised Statutes, or any rule adopted pursuant thereto shall be guilty of a petty misdemeanor, except for any violation of section 183-17, Hawaii Revised Statutes, that shall be a misdemeanor. Repeals section 183-4, Hawaii Revised Statutes. (HB2378 HD1)

 

WAL, JUD

HB 1541, HD1

(HSCR257-16)

Status

RELATING TO PLANNED COMMUNITY ASSOCIATIONS.

Amends various proxy statement requirements for planned community associations to conform to requirements for other, similar statements. (HB1541 HD1)

 

CPC, JUD

HB 1556, HD1

(HSCR520-16)

Status

RELATING TO THE UNIVERSITY OF HAWAII.

Prohibits UH from prohibiting a person from certain employment at UH solely because that person is a candidate for, or person elected to, a non-statewide public office. (HB1556 HD1)

 

LAB, HED, JUD

HB 2329

(HSCR636-16)

Status

RELATING TO CONSUMER PROTECTION.

Clarifies that the statute of limitations governing it does not apply to the State and its agencies with respect to chapter 480, Hawaii Revised Statutes. Repeals subsection (b) of section 480‑24, Hawaii Revised Statutes. Technical amendments.

 

CPC, JUD

 

 

 

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing. Testimony should indicate:

     Testifier's name with position/title and organization;

     The Committee(s) to which the comments are directed;

     The date and time of the hearing; and

     Measure number.

 

While every effort will be made to incorporate all testimony received, materials received on the day of the hearing or improperly identified or directed, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER: 19 copies (including an original) to Room 305 in the State Capitol;

FAX: For testimony less than 5 pages in length, transmit to 808-586-6531 (Oahu) or 1-800-535-3859 (for Neighbor Islander without a computer to submit testimony through e-mail or the Web); or

WEB: For testimony less than 10MB in size, transmit from http://www.capitol.hawaii.gov/submittestimony.aspx.

 

Testimony submitted will be placed on the legislative website. This public posting of testimony on the website should be considered when including personal information in your testimony. Those wishing to provide oral testimony will be limited to two minutes.

 

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 586-6437 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" website at www.capitoltv.org or call 536-2100.

 

 

 

 

________________________________________

Rep. Karl Rhoads

Chair