HOUSE OF REPRESENTATIVES

THE THIRTIETH LEGISLATURE

REGULAR SESSION OF 2019

 

COMMITTEE ON JUDICIARY

Rep. Chris Lee, Chair

Rep. Joy A. San Buenaventura, Vice Chair

 

Rep. Tom Brower

Rep. Calvin K.Y. Say

Rep. Richard P. Creagan

Rep. Gregg Takayama

Rep. Nicole E. Lowen

Rep. Ryan I. Yamane

Rep. Angus L.K. McKelvey

Rep. Cynthia Thielen

Rep. Dee Morikawa

 

 

NOTICE OF HEARING

 

DATE:

Monday, March 18, 2019

TIME:

2:05pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

SB 759, SD2, HD1

(HSCR1358)

Status

RELATING TO AGRICULTURE.

Requires the Department of Agriculture to establish a 2-year Agricultural Theft and Vandalism Pilot Project to examine the effectiveness of prosecuting agricultural theft and agricultural vandalism in the counties of Hawaii and Maui. Appropriates funds. (SB759 HD1)

 

AGR, JUD, FIN

SB 1353, SD3, HD1

(HSCR1359)

Status

RELATING TO INDUSTRIAL HEMP.

Legalizes hemp to the extent legalized under federal law. Requires the Chairperson of the Board of Agriculture to prepare and submit a proposed state plan to monitor and regulate hemp production, including commercial production and research, to the federal Secretary of Agriculture pursuant to section 297B of the Agricultural Marketing Act of 1946, as amended. Authorizes the Department of Agriculture to monitor and regulate hemp production. Authorizes Industrial Hemp Pilot Project licensees to utilize hemp genetics. Makes void any administrative rules of the industrial hemp pilot program that are more stringent than federal law upon the federal Secretary of Agriculture's approval of a state plan. Requires reports to the Governor and Legislature. Appropriates funds. (SB1353 HD1)

 

AGR, JUD, FIN

SB 934, SD1, HD1

(HSCR1382)

Status

RELATING TO CONSERVATION DISTRICTS.

Prohibits any waste or disposal facility from being located in a conservation district except in emergency circumstances to mitigate significant risks to public safety and health. (SB934 HD1)

 

EEP/WLH, JUD, FIN

SB 536, SD2, HD1

(HSCR1310)

Status

RELATING TO PRESCRIPTIONS.

Clarifies that existing law intended to curb over-access to and abuse of opioids, including the time frame for filling prescriptions, supply limitations, and requirements to check the state electronic prescription accountability system and execute an informed consent process, do not apply to qualifying patients who are prescribed or issued prescriptions pursuant to the State's Our Care, Our Choice Act. (SB536 HD1)

 

HLT, JUD, FIN

SB 567, SD2, HD1

(HSCR1374)

Status

RELATED TO MENTAL HEALTH TREATMENT.

Requires an individual to be examined upon commitment to a psychiatric facility for involuntary hospitalization, admission to a psychiatric facility for voluntary inpatient treatment, or transported for emergency examinations, to determine whether an assisted community plan is indicated and, if so, requires the department of the attorney general to assist with the petition for assisted community treatment and related court proceeding. Requires the department of health to convene a mental health emergencies task force. (SB567 HD1)

 

HLT, JUD, FIN

SB 1124, SD2, HD1

(HSCR1351)

Status

RELATING TO MENTAL HEALTH.

Requires the administrator or attending physician to assess whether an assisted community treatment plan is indicated and to make certain arrangements if so indicated. Specifies the role of the AG for petitions of involuntary hospitalizations and assisted community treatments. Amends the criteria for assisted community treatment. Makes conforming amendments. Appropriates funds. (SB1124 HD1)

 

HLT, JUD, FIN

SB 1244, SD2, HD1

(HSCR1375)

Status

RELATING TO THE SALE OF TOBACCO PRODUCTS.

Clarifies that liability for illegally selling tobacco products and electronic smoking devices to persons under 21 is borne by the retail entity, entity that holds a retail tobacco permit, or entity registered to sell electronic smoking devices, as opposed to an employee. (SB1244 HD1)

 

HLT, JUD, FIN

SB 1310, SD2, HD1

(HSCR1386)

Status

RELATING TO INDIVIDUAL HOUSING ACCOUNTS.

Establishes the individual housing accounts savings program, board, and administrative fund. Imposes a ten per cent penalty on certain distributions. Allows individual housing accounts for dependent children. Expands authorized uses of individual housing accounts. Appropriates funds. (SB1310 HD1)

 

HSG, JUD, FIN

SB 227, SD2, HD1

(HSCR1336)

Status

RELATING TO IMMIGRATION.

Makes an appropriation to the Judiciary to contract out to provide access to legal counsel to immigrants in immigration proceedings, diversion to existing services, and counsel for existing rights. (SB227 HD1)

 

HSH, JUD, FIN

SB 1019, SD1, HD1

(HSCR1339)

Status

RELATING TO YOUTH.

Requires the Judiciary to collaborate with the Office of Youth Services to establish a task force to determine existing diversion programs statewide that can assist the State's youth. (SB1019 HD1)

 

HSH, JUD, FIN

SB 1047, SD1, HD1

(HSCR1341)

Status

RELATING TO DOMESTIC VIOLENCE.

Provides for a lesser included petty misdemeanor offense under Abuse of Family or Household Members. Authorizes grant of a deferred acceptance of guilty or no contest plea for non-felony Abuse of Family or Household Members charges. Requires completion of domestic violence intervention or parenting programs upon conviction. Requires reports on outcomes. Repeals June 30, 2024. (SB1047 HD1)

 

HSH, JUD, FIN

SB 1051, SD1, HD1

(HSCR1343)

Status

RELATING TO HOMELESS INDIVIDUALS WITH SEVERE MENTAL ILLNESS.

Requires the Department of Human Services to establish a task force to determine specific implementation requirements necessary to establish a pilot program to provide shelter and mental health treatment for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who are subject to court-ordered guardianship or assisted community treatment orders. Appropriates funds. (SB1051 HD1)

 

HSH/HLT, JUD, FIN

SB 1173, SD1, HD1

(HSCR1342)

Status

RELATING TO CHILD SUPPORT.

Amends the income withholding requirements to impose a fine against any employer who (1) discharges from employment, refuses to employ, or takes disciplinary action against any noncustodial parent subject to income withholding, or (2) fails to withhold support from income or pay the amounts to the Child Support Enforcement Agency. Amends the amount of the annual fee imposed by the Child Support Enforcement Agency to be in compliance with federal regulations. (SB1173 HD1)

 

HSH, JUD, FIN

SB 1236, SD2, HD1

(HSCR1340)

Status

RELATING TO PARKING FOR DISABLED PERSONS.

Prohibits the unauthorized sale or purchase of disability parking placards and special license plates. Clarifies authority of enforcement officers to confiscate placards and special license plates for violations of requirements for manufacture, sale, purchase, or use. Allows advanced practice registered nurses to make a determination regarding a person's mobility. (SB1236 HD1)

 

HSH, JUD, FIN

SB 695, SD2, HD1

(HSCR1356)

Status

RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.

Requires the Department of Hawaiian Home Lands to digitize its applicant, beneficiary, and lessee records. Requires that the digital database be completed and available no later than July 1, 2020. (SB695 HD1)

 

WLH, JUD, FIN

SB 701, SD2, HD1

(HSCR1353)

Status

RELATING TO THE HAWAIIAN LANGUAGE.

Directs OHA to convene a task force to determine appropriate sources for authenticating and verifying appropriate Hawaiian language usage and syntax in public documents, letterhead, emblems, and symbols and establish a process for review. Requires OHA to report to the 2020 Legislature. (SB701 HD1)

 

WLH, JUD, FIN

SB 728, SD1, HD1

(HSCR1354)

Status

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.

Increases the maximum amount of public funds available to each candidate running for the board of trustees of the office of Hawaiian affairs to fifteen per cent of the expenditure limit established for each election. Amends the amount each board of trustees candidate must raise in order to qualify for public funds. (SB728 HD1)

 

WLH, JUD, FIN

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: 15 copies (including an original) to Room 442 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 20MB 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 586-9450 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.

 

 

 

 

 

 

________________________________________

Rep. Chris Lee

Chair