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:

Monday, February 24, 2020

TIME:

2:00pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 1782, HD1

(HSCR463-20)

Status

RELATING TO EMPLOYMENT DISCRIMINATION.

Limits the convictions that may be used in employment decisions from all convictions in the most recent ten years to felony convictions that occurred in a certain time period and misdemeanor convictions that occurred in a certain time period. Takes effect on 1/1/2050. (HD1)

 

LAB, JUD

HB 2464

(HSCR345-20)

Status

RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE.

Lowers the blood alcohol concentration threshold for the offense of operating a vehicle while under the influence of an intoxicant.

 

TRN, JUD

HB 2173, HD1

(HSCR289-20)

Status

RELATING TO IGNITION INTERLOCK DEVICES.

Requires consecutive terms of imprisonment for anyone convicted as a repeat or habitual offender if arising from same conduct as conviction for operating a vehicle without an ignition interlock device. Requires any person operating a vehicle with an ignition interlock to have government issued identification in their immediate possession. Extends the lookback period under provisions relating to ignition interlock requirements from five to ten years. Expands the offense of circumventing or tampering with an ignition interlock to include obscuring the camera lens. Effective 7/1/2050. (HD1)

 

TRN, JUD

HB 1955, HD1

(HSCR343-20)

Status

RELATING TO ELECTRIC FOOT SCOOTERS.

Establishes a framework for the regulation of electric foot scooters by the State and counties. Amends definitions of "moped" to exclude electric foot scooters. Takes effect on 7/1/2050. (HD1)

 

TRN, JUD

HB 2152, HD1

(HSCR348-20)

Status

RELATING TO TRAFFIC VIOLATIONS.

Requires additional circumstances under which every vehicle, including motor vehicles, motorcycles, motor scooters, and motorized bicycles, moving on any public highway in the State must display its lighted head lamps. Takes effect on 7/1/2050. (HD1)

 

TRN, JUD

HB 2253, HD1

(HSCR97-20)

Status

RELATING TO THE TRAFFIC CODE.

Amends the statewide traffic code to allow for the chairperson of the BLNR and county chiefs of police to designate state or county employees or contractors to issue citations for traffic violations. Takes effect on 7/1/2050. (HD1)

 

TRN, JUD

HB 2004, HD1

(HSCR100-20)

Status

RELATING TO CHILD PASSENGER RESTRAINTS.

Amends requirements for child passengers. Requires rear facing child safety seats for children under two years of age. Raises certain fines for violations. Takes effect on 7/1/2050. (HD1)

 

TRN, JUD

HB 2674, HD1

(HSCR103-20)

Status

RELATING TO MOTOR VEHICLE REGISTRATION.

Provides that any authorization by a county director of finance for an electronic method of motor vehicle registration, including the acceptance of any supplemental documents in electronic form, shall extend to all types of motor vehicles. Takes effect on 7/1/2050. (HD1)

 

TRN, JUD

HB 2750, HD1

(HSCR190-20)

Status

RELATING TO MONETARY OBLIGATIONS.

Prohibits the imposition of restrictions on a person's ability to obtain or renew a driver's license or to register, renew the registration of, or transfer or receive title to a motor vehicle, as a consequence of unpaid monetary obligations. Does not affect driver's license suspensions related to excessive speeding, lack of motor vehicle insurance, or non-compliance with a child support order. Effective July 1, 2050. (HD1)

 

TRN, JUD

HB 1907, HD1

Proposed HD2

Status

RELATING TO TRANSPORTATION.

Proposed HD2: Prohibits the operation of a helicopter for commercial purposes without a valid instrument rating from the Federal Aviation Administration.  Subject both a violating individual and an individual's employer to penalties.  Requires helicopter owners and operators to submit reports to the department of transportation and the appropriate county advisory committee about basic helicopter flight information.

Effective 7/1/2050.  (HD2 PROPOSED)

 

TRN, JUD

HB 2548

Status

RELATING TO COURTS OF APPEAL.

Prohibits courts of appeal from affirming, modifying, reversing, or vacating a matter on grounds other than those raised by the parties to the proceeding, unless the parties are provided the opportunity to brief the court and present oral argument on the matter.

 

JUD

HB 1821

Status

RELATING TO DECLARATORY JUDGMENTS.

Prohibits declaratory judgments when there is a cause of action and in other certain instances. Requires a plaintiff to show a personal stake in the actual controversy beyond a general disagreement or complaint by requiring a showing of an injury-in-fact.

 

JUD

HB 2291, HD1

(HSCR526-20)

Status

RELATING TO THE LAW ENFORCEMENT OFFICERS SAFETY ACT.

Establishes in the department of the attorney general a program for issuance of firearm qualification certifications to qualified law enforcement officers pursuant to the federal Law Enforcement Officers Safety Act of 2004 (Public Law 108-277), as codified at title 18 United States Code section 926C. (HD1)

 

PVM, JUD

HB 2292, HD1

(HSCR524-20)

Status

RELATING TO ELECTRIC GUNS.

Repeals section 134-16, Hawaii Revised Statutes, the existing law that bans electric guns, and replaces it with a law that restricts the ownership, use, storage, and disposal of electric guns, regulates the sale, distribution, and transfer of electric guns, requires training and education on electric guns, prohibits certain individuals from the possession and use of electric guns, and prohibits the carrying or use of electric guns in the commission of crimes. Establishes permitting requirement to acquire electric projectile guns and registration requirements. Effective July 1, 2050. (HD1)

 

PVM, JUD

HB 1901

(HSCR525-20)

Status

RELATING TO PUBLIC SAFETY.

Clarifies that the comprehensive offender reentry system provides programs and services that result in the timely release of inmates on parole when the minimum term, rather than the maximum term, has been served by the inmate.

 

PVM, JUD

HB 1874

Status

RELATING TO CRIMINAL OFFENSES AGAINST SENIORS.

Lowers the age of crimes against seniors to sixty years of age, and makes certain criminal offenses against seniors applicable regardless of the perpetrator's knowledge of the victim's age.

 

JUD

HB 2220, HD1

(HSCR339-20)

Status

RELATING TO THE ELDERLY.

Establishes the offense of financial exploitation of an elder and provides enhanced penalties. Amends mandatory reporting requirements for suspected financial abuse of an elder. Requires DHS to share records with the appropriate county police departments or offices of the prosecuting attorney. Effective 12/31/2059. (HD1)

 

HSH, JUD

HB 1745

Status

RELATING TO VIOLATION OF PRIVACY.

Excludes violation of privacy in the first degree, and certain paragraphs of violation of privacy in the second degree, from qualifying for deferred acceptance of guilty plea or nolo contendere plea.

 

JUD

HB 1732

Status

RELATING TO DISORDERLY CONDUCT.

Amends the offense of disorderly conduct to include engaging in conduct with intent to convey false or misleading information.

 

JUD

HB 1735

Status

RELATING TO OFFENSES AGAINST PROPERTY RIGHTS.

Establishes the offense of unauthorized detention of propelled vehicle, which applies if a propelled vehicle is stolen and a person obtains possession of the vehicle from another without first making a reasonable inquiry as to whether the other party had the legal right to sell or deliver the vehicle.

 

JUD

HB 1748

Status

RELATING TO WILDLIFE OFFENSES.

Provides that all firearms, animal parts, products, or items containing prohibited animal parts or products involved in the commission of wildlife trafficking or certain hunting offenses shall be considered contraband to be forfeited to and disposed of by the State.

 

JUD

HB 1921, HD1

(HSCR280-20)

Status

RELATING TO HUNTING.

Requires any hunting guide or hunter to obtain and submit to the Department of Land and Natural Resources written permission from any private landowner upon which the hunting guide or hunter is engaged in guide or hunting activities. Requires the Division of Forestry and Wildlife of the Department of Land and Natural Resources to create and make available to the public a written permission form to be completed and filed by any hunting guide or hunter engaged in guide activities or hunting on private lands. Takes effect on 7/1/2050. (HD1)

 

WLH, JUD

HB 1847, HD1

(HSCR349-20)

Status

RELATING TO ENVIRONMENTAL PROTECTION.

Requires the Department of Land and Natural Resources to adopt rules to protect herbivorous fish in all state waters. Effective 7/1/2050. (HD1)

 

EEP/WLH, JUD

HB 2414, HD1

(HSCR447-20)

Status

RELATING TO SHARK PROTECTION.

Prohibits and establishes fines and penalties for knowingly capturing, taking, possessing, abusing, harassing, entangling, or killing any shark within state marine waters. Provides certain exemptions. Exempts nationally qualified educational institutions from the requirement to obtain a special activity permit to conduct scientific and educational research activities on sharks. (HD1)

 

WLH, JUD

 

 

 

Copies of the proposed HD2 are available in room 433 and on the Legislature's Web site: http://www.capitol.hawaii.gov.

 

 

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 586-6552 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