HOUSE OF REPRESENTATIVES

THE TWENTY-NINTH LEGISLATURE

REGULAR SESSION OF 2017

 

COMMITTEE ON JUDICIARY

Rep. Scott Y. Nishimoto, Chair

Rep. Joy A. San Buenaventura, Vice Chair

 

Rep. Della Au Belatti

Rep. Mark M. Nakashima

Rep. Tom Brower

Rep. Marcus R. Oshiro

Rep. Aaron Ling Johanson

Rep. Bob McDermott

Rep. Chris Lee

Rep. Cynthia Thielen

Rep. Dee Morikawa

 

 

NOTICE OF HEARING

 

DATE:

Tuesday, February 28, 2017

TIME:

2:00 pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 773, HD1

(HSCR437)

Status

RELATING TO INDUSTRIAL HEMP.

Removes criminal and civil penalties for the growing, possession, processing, and selling of industrial hemp. (HB773 HD1)

 

AGR, JUD

HB 177, HD1

(HSCR170)

Status

RELATING TO CONDOMINIUMS.

Prohibits associations of apartment owners, boards of directors, managing agents, resident managers, and condominium owners from retaliating or discriminating against a condominium owner who files a complaint; acts in furtherance of a complaint, report, or investigation of an alleged violation of the State's condominium laws or a condominium's governing documents; or exercises or attempts to exercise any right as a condominium owner.

 

CPC, JUD

HB 1484, HD1

(HSCR512)

Status

RELATING TO ASSAULT.

Establishes the offense of assault in the second degree if a person intentionally or knowingly causes bodily injury to a licensed health care professional. (HB1484 HD1)

 

HLT, JUD

HB 199, HD1

(HSCR583)

Status

RELATING TO ADULT PROTECTIVE SERVICES.

Authorizes the Department of Human Services to investigate allegations of the physical isolation of vulnerable adults and take corrective action including obtaining judicial relief. (HB199 HD1)

 

HUS, JUD

HB 432, HD1

(HSCR495)

Status

RELATING TO THE ELDERLY.

Makes financial exploitation of an elder by a caregiver a felony. Defines "caregiver", "elder", and "financial exploitation". (HB432 HD1)

 

HUS, JUD

HB 669, HD1

(HSCR62)

Status

RELATING TO DOMESTIC VIOLENCE.

Streamlines the reporting requirements of the Department of Human Services (DHS)and the family courts to require DHS, upon direction of the court, to provide the family court with an oral or written report regarding the safety of a minor child of the parties on or prior to the next regularly scheduled court hearing. Provides that if DHS provides a written report, the DHS need not appear at the hearing unless ordered to do so. Requires the court to provide copies of all written reports to the parties. (HB669 HD1)

 

HUS, JUD

HB 1098, HD1

(HSCR274)

Status

RELATING TO HOMELESS SHELTERS.

Provides that emergency shelters may have partitioned space for homeless persons or families based on Department of Human Services (DHS) guidelines. Extends the emergency or transitional shelter compliance requirements per Act 234, Session Laws of Hawaii (SLH) 2016, for contracts between DHS and emergency or transitional shelter provider agencies for one year. Extends the effective date of Act 234, SLH 2016. (HB1098 HD1)

 

HUS, JUD

HB 1396, HD1

(HSCR582)

Status

RELATING TO COMMUNITY CARE FOSTER FAMILY HOMES.

Authorizes the Department of Health, working in consultation with the Department of Human Services, to allow two private-pay individuals to be cared for in the same community care foster family home if certain requirements are met. (HB1396 HD1)

 

HUS, JUD

HB 814, HD1

(HSCR701)

Status

RELATING TO THE UNIFORM EMPLOYEE AND STUDENT ONLINE PRIVACY PROTECTION ACT.

Adopts uniform laws on protecting the online accounts of employees and students from employers and educational institutions, respectively. (HB814 HD1)

 

LAB, JUD

HB 852, HD1

(HSCR491)

Status

RELATING TO ETHICS.

Increases fines for failures to timely file financial disclosure statements. Allows the state ethics commission to use e‑mail or first-class mail to notify those individuals who fail to timely file their financial disclosure statements. Directs the commission to publish the names of individuals who fail to file their financial disclosure statements by the statutory deadline. (HB852 HD1)

 

LAB, JUD

HB 1115, HD1

(HSCR405)

Status

RELATING TO THE HAWAII LABOR RELATIONS BOARD.

Allows the Hawaii Labor Relations Board to send notices of hearing electronically; requires the party seeking judicial review to bear the cost of preparing a transcript, except as provided by law, in which case the Board shall bear the cost of preparing the transcript. (HB115 HD1)

 

LAB, JUD

HB 1402, HD1

(HSCR392)

Status

RELATING TO EMPLOYEES.

Establishes a shared leave program within the Department of Labor and Industrial Relations to allow state employees to donate accumulated sick leave and vacation leave credits to a shared leave bank or to another state employee who has a serious personal illness or injury or who has a family member who has a serious personal illness or injury. (HB1402 HD1)

 

LAB, JUD

HB 1489, HD1

(HSCR693)

Status

RELATING TO CIVIL RIGHTS.

Prohibits a state agency or program or activity receiving state financial assistance from excluding from participation, denying benefits to, or discriminating against a qualified individual by reason of disability, sex, including gender identity or expression, or sexual orientation. (HB1489 HD1)

 

LAB, JUD

HB 1534, HD1

(HSCR401)

Status

RELATING TO RESIDENCE REQUIREMENTS FOR APPOINTED OFFICERS.

Removes the one-year residency requirement for all appointed officers who are department heads and deputies or assistants to a department head. (HB1534 HD1)

 

LAB, JUD

HB 437, HD1

(HSCR434)

Status

RELATING TO COASTAL ZONE MANAGEMENT.

Prohibits variances for installation of shoreline hardening structures in shoreline areas, unless a public hearing is held, the applicant demonstrates that the shoreline hardening structure is necessary to protect an existing legal object, structure, or activity from damage due to seawater inundation or shoreline erosion, and no reasonable alternative locations exist. (HB437 HD1)

 

OMH, JUD

HB 860

(HSCR507)

Status

RELATING TO ACTIONS FOR QUIET TITLE.

Provides that: (1) actions for quiet title of kuleana lands shall be subject to mandatory mediation; (2) court cases by the same plaintiff that seeks quiet title for separate kuleana lands within the same court circuit shall be consolidated; (3) defendant's access for cultural and traditional practices shall not be alienated or extinguished; and (4) plaintiff shall not recover costs, expenses, or attorney's fees from the defendant.

 

OMH, JUD

HB 998, HD1

(HSCR435)

Status

RELATING TO BOTTOMFISH.

Requires the DLNR to allow bottomfish fishing in six of the Bottomfish Restricted Fishing Areas and to amend any administrative rules to provide that any restriction on fishing shall be based on scientific evidence of environmental necessity. (HB998 HD1)

 

OMH, 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: 2 copies (including an original) to Room 302 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.

 

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 586-8515 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. Scott Y. Nishimoto

Chair