HOUSE OF REPRESENTATIVES

THE THIRTIETH LEGISLATURE

REGULAR SESSION OF 2020

 

COMMITTEE ON JUDICIARY

Rep. Chris Lee, Chair

Rep. Joy A. San Buenaventura, Vice Chair

 

Rep. Tom Brower

Rep. Amy A. Perruso

Rep. Richard P. Creagan

Rep. Calvin K.Y. Say

Rep. Nicole E. Lowen

Rep. Gregg Takayama

Rep. Angus L.K. McKelvey

Rep. Ryan I. Yamane

Rep. Mark M. Nakashima

Rep. Cynthia Thielen

 

NOTICE OF HEARING

 

DATE:

Thursday, February 13, 2020

TIME:

2:05pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 2680, HD1

(HSCR237-20)

Status

RELATING TO MENTAL HEALTH.

Broadens the term of "imminently dangerous to self and others" to persons who will likely be dangerous within the next ninety days, rather than within the next forty-five days. Increases the maximum period of emergency hospitalization from forty-eight hours to seventy-two hours. Effective 12/31/2059. (HD1)

 

HSH, JUD, FIN

HB 2119, HD1

(HSCR98-20)

Status

RELATING TO VOTING.

Requires that any person who is eligible to vote and applies for a new or renewal motor vehicle driver's license, provisional license, or instruction permit, or a new, renewal, or duplicate identification card be automatically registered to vote if that person is not already registered to vote unless the applicant affirmatively declines to be registered to vote. Allows an applicant to affirmatively decline to have any of the applicant's information electronically transmitted. Authorizes access to and electronic transmission of databases maintained or operated by the counties or the department of transportation containing driver's license or identification card information to election officials and the statewide voter registration system. Effective 7/1/2050. (HD1)

 

TRN, JUD, FIN

HB 1729, HD1

(HSCR99-20)

Status

RELATING TO REGISTRATION OF VEHICLES.

Allows the director of finance of a county to require payment of outstanding charges owed to the county for the towing, removal, or disposal of an abandoned or derelict vehicle within the county before issuing a motor vehicle certificate of registration. Effective 7/1/2050. (HD1)

 

TRN, JUD, FIN

HB 2751

Status

RELATING TO FINANCIAL HARDSHIP.

Expands the conditions for authorizing a restricted license. Provides judges with greater discretion to adjust the amount owed by a person who violates certain traffic offenses based on the person's inability to pay. Increases the amount of credit given to a contumacious person committed for nonpayment.

 

JUD, FIN

HB 2556, HD1

(HSCR187-20)

Status

RELATING TO VEHICLES.

Authorizes the withholding and revocation of vehicle registrations and driver's licenses for those who abandon a vehicle under specified conditions. Authorizes the assessment and collection of charges relating to abandoned and derelict vehicles. Takes effect on 7/1/2050. (HD1)

 

TRN, JUD, FIN

HB 2127

Status

RELATING TO LICENSING.

Authorizes the issuance of a temporary license to solemnize marriage and allows solemnization by any individual at least eighteen years of age.

 

JUD, FIN

HB 2550

Status

RELATING TO THE FAMILY COURT.

Makes decisions of the family court appealable to the supreme court instead of the intermediate court of appeals. Requires the supreme court to render a final decision on appeals from family court orders within 180 days. Encourages a reduction in the number of remands to the family court.

 

JUD, FIN

HB 2675

Status

RELATING TO THE JUDICIARY.

Requires an appellate court to conduct a hearing when a conflict of interest pertaining to a judge or justice is alleged by motion of a party to any suit, action, or proceeding of the appellate court.

 

JUD, FIN

HB 2191, HD1

(HSCR110-20)

Status

RELATING TO LEASE EXTENSIONS ON PUBLIC LAND.

Authorizes the Board of Land and Natural Resources to extend certain leases of public lands for commercial, industrial, resort, or government use upon approval of a proposed development agreement to make substantial improvements to the existing improvements. Effective 7/1/2050. Sunsets on 6/30/2025. (HD1)

 

WLH, JUD, FIN

HB 2704, HD1

(HSCR225-20)

Status

RELATING TO STATE FACILITIES.

Requires DLNR and the judiciary to make improvements to state facilities to reach goals of net-zero energy and one hundred percent water reclamation by 1/1/2035 and 1/1/2045, respectively. Effective July 1, 2050. (HD1)

 

WLH/EEP, JUD, FIN

HB 1929, HD1

(HSCR37-20)

Status

RELATING TO AFFORDABLE HOUSING.

Extends the deadline for the Hawaii Housing Finance and Development Corporation to exercise its power of eminent domain to acquire the Front Street Apartments affordable housing project on Maui unless the ground lease is renegotiated or a new ground lease is issued. Extends the deadline to obtain land use approvals for the Lealii affordable housing project on Maui. Effective 7/1/2025. (HD1)

 

HSG, JUD, FIN

HB 2745

Status

RELATING TO FACE SURVEILLANCE.

Limits the government use of face surveillance except in certain circumstances. Limits the private use of face surveillance unless the subject of the face surveillance has given consent.

 

JUD, FIN

HB 2069

Status

RELATING TO PROPERTY FORFEITURE.

Prohibits civil asset forfeiture unless the covered offense is a felony for which the property owner has been convicted. Excludes the forfeiture proceedings for an animal pending criminal charges. Requires the Attorney General to deposit the net proceeds of the forfeited property to the credit of the state general fund.

 

JUD, FIN

HB 1676, HD1

(HSCR134-20)

Status

RELATING TO HIGHWAY SAFETY.

Establishes a three-year photo red light imaging detector system pilot program. Authorizes any affected county to administer the photo red light imaging detector system pilot program. Establishes a photo red light imaging detector systems pilot program account as a special account within the general fund. Requires proceeds of fines expended in the county from which they were collected for operation of the photo red light imaging detector systems pilot program. Appropriates funds. Sunsets 6/30/2023. Effective 7/1/2050. (HD1)

 

TRN, JUD, FIN

HB 2174, HD1

(HSCR192-20)

Status

RELATING TO OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT.

Defines "highly intoxicated driver". Provides the evidentiary standard for establishing that a person was a "highly intoxicated driver". Requires that ignition interlock devices be installed and maintained on one or more vehicles registered to and all vehicles operated by anyone convicted of operating a vehicle under the influence of an intoxicant, during the applicable period of license revocation. Increases the license revocation period ordered by the Administrative Driver's License Revocation Office and extends the applicable lookback periods from five to ten years. Establishes higher penalties for a highly intoxicated driver operating a vehicle. Establishes higher penalties for offenses of operating a vehicle under the influence of an intoxicant. (HD1)

 

TRN, JUD, FIN

HB 2001

Status

RELATING TO MANSLAUGHTER.

Authorizes manslaughter prosecutions for wilful and wanton disregard of the need to exercise reasonable care that results in the death of another person.

 

JUD, FIN

HB 2565, HD1

(HSCR184-20)

Status

RELATING TO PESTICIDES.

Establishes the Pesticide Disposal Amnesty Program within the Department of Agriculture to provide a one-time, affordable, and environmentally accessible means for the disposal of restricted and non restricted use pesticides from a bona fide agricultural entity. Convenes a Pesticide Disposal Amnesty Program Steering Committee to guide and monitor the program. Appropriates funds. Effective 7/1/2150. (HD1)

 

AGR, JUD, FIN

HB 2346, HD1

(HSCR20-20)

Status

RELATING TO TOBACCO PRODUCTS.

Establishes the offense of unlawful shipment of tobacco products. Includes e-liquid and electronic smoking devices within the definition of "tobacco products", as used in the cigarette tax and tobacco tax law. Increases the license fee for persons engaged as a wholesaler or dealer of cigarettes and tobacco products. Increases the retail tobacco permit fee for retailers engaged in the retail sale of cigarettes and tobacco products. Repeals certain provisions of the Hawaii Revised Statutes relating to electronic smoking devices. Effective 7/1/2050. (HD1)

 

CPC, JUD, FIN

HB 2457, HD1

(HSCR255-20)

Status

RELATING TO THE YOUTH VAPING EPIDEMIC.

Beginning 1/1/2021: bans the sale of flavored tobacco products; prohibits mislabeling of e-liquid products containing nicotine; and establishes fines and penalties for violations. Requires the Department of Education to establish a safe harbor program by which persons under 21 years of age may dispose of electronic smoking devices in their possession. Requires public school teachers and educators to confiscate electronic smoking devices. Increases fines for the purchase or possession of tobacco products and electronic smoking devices by persons under 21 years of age. Authorizes a court to impose, as a penalty on a person 18-21 years of age who is convicted of possession of a tobacco product or electronic smoking device, the requirement to complete a tobacco education program, complete a tobacco use cessation program, or perform community service instead of paying a fine. Effective 7/1/2050. (HD1)

 

HLT/LHE, JUD, FIN

HB 2188, HD1

(HSCR139-20)

Status

RELATING TO WIND ENERGY FACILITIES.

Establishes a one-mile setback from the nearest existing farm dwelling or residential dwelling unit for certain wind energy facilities in agricultural districts. Requires a study on the effects of noise production by wind energy facilities on the health of residents and students. Appropriates funds. Effective 7/1/2050. (HD1)

 

EEP, JUD, FIN

HB 2459, HD1

(HSCR250-20)

Status

RELATING TO MEDICAL AUTONOMY.

Requires the department of health to conduct a study relating to medical authorized exemptions from mandatory vaccinations, including the department of health's current procedure for vaccination exemptions and best practices throughout the country. Requires a report to the legislature. Effective 7/1/2050. (HD1)

 

HLT, 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 586-6552or 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