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:

Tuesday, February 25, 2020

TIME:

2:00pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 2120, HD1

(HSCR359-20)

Status

RELATING TO THE STATE ETHICS CODE.

Amends the certain parts of the conflicts of interests provision of the state ethics code to include members of the legislature and justices and judges of all state courts. Effective 1/1/2050. (HD1)

 

LAB, JUD

HB 2124, HD1

(HSCR360-20)

Status

RELATING TO THE CODE OF ETHICS.

Prohibits certain state officials and employees from representing certain interests before the State for 12 months after termination from their respective positions. Effective 1/1/2050. (HD1)

 

LAB, JUD

HB 2125, HD1

(HSCR361-20)

Status

RELATING TO THE STATE ETHICS CODE.

Makes various amendments to the State Ethics Code. Repeals exemption from certain financial disclosure requirements granted to members of the Hawaii Correctional System Oversight Commission. Takes effect on 1/1/2050. (HD1)

 

LAB, JUD

HB 2273, HD1

(HSCR455-20)

Status

RELATING TO WAGES.

Increases the penalty for violation of wages and hours laws to a class C felony. Effective 1/1/2050. (HD1)

 

LAB, JUD

HB 1904, HD1

(HSCR577-20)

Status

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

Establishes The Uniform Employee and Student Online Privacy Protection Act that adopts uniform laws on protecting the online accounts of employees, prospective employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions. Takes effect 1/1/2050. (HD1)

 

LAB, LHE, JUD

HB 2057, HD1

(HSCR231-20)

Status

RELATING TO PROOF OF DOMESTIC OR SEXUAL VIOLENCE VICTIM STATUS.

Makes consistent the types of documents accepted as proof of domestic or sexual violence victim status. Takes effect 12/31/2059. (HD1)

 

HSH, JUD

HB 1942, HD1

(HSCR41-20)

Status

RELATING TO CHILD ABUSE REPORTING.

Adds members of the clergy, commercial computer technicians, and commercial film, and photographic print or image processors to the categories of persons who are required to report child abuse and neglect to DHS or police. Provides a "safe harbor" through December 31, 2020, for reporting by clergy of known or suspected child abuse that was previously unreported and that did not arise during a penitential communication. Takes effect on 12/31/2059. (HD1)

 

HSH, JUD

HB 1978, HD1

(HSCR14-20)

Status

RELATING TO SPECIAL IMMIGRANT JUVENILE STATUS.

Specifies that the family court has jurisdiction in proceedings concerning the custody or guardianship of an immigrant child pursuant to a motion for Special Immigrant Juvenile factual findings requesting a determination that the child was abused, neglected, or abandoned before the age of 18. Effective 12/31/2059. (HD1)

 

HSH, JUD

HB 2101, HD1

(HSCR389-20)

Status

RELATING TO MINORS.

Requires circuit courts to apply special sentencing considerations when sentencing a minor for a nonviolent offense. Allows the courts, in their discretion, to impose a sentence up to fifty per cent shorter than the mandatory minimum or to decline to impose a mandatory enhanced sentence in certain circumstances. Effective 12/31/2059. (HD1)

 

HSH, JUD

HB 2068, HD1

(HSCR207-20)

Status

RELATING TO THE ADMINISTRATION OF JUSTICE.

Limits DOH commitment to one hundred eighty days for those defendants charged with a non-violent class C felony and found to be unfit to proceed under chapter 704, HRS. Limits to one hundred eighty days the period of conditional release granted to defendants charged with a non-violent class C felony. Effective 7/1/2050. (HD1)

 

HLT, JUD

HB 1620, HD1

(HSCR54-20)

Status

RELATING TO THE ADMINISTRATION OF JUSTICE.

Amends the effect of finding a defendant charged with a misdemeanor or petty misdemeanor not involving violence or attempted violence unfit to proceed. Amends the requirements for fitness determination hearings, court-appointed examiners, and examination reports. Effective 7/1/2050. (HD1)

 

HLT, JUD

HB 1619, HD1

(HSCR198-20)

Status

RELATING TO PENAL RESPONSIBILITY.

Authorizes the courts to enter into agreements to divert into residential, rehabilitative, and other treatment those defendants whose physical or mental disease, disorder, or defect is believed to have become or will become an issue in a judicial case. Requires either one psychiatrist or one psychologist to be appointed in felony cases requiring three examiners. Requires an examination for penal responsibility to be conducted within fifteen days after a finding of fitness to proceed. Effective 7/1/2050. (HD1)

 

HLT, JUD

HB 1661, HD2

(HSCR659-20)

Status

RELATING TO HEALTH.

Amends criteria for emergency examination, release from emergency examination, emergency hospitalization, and release from emergency hospitalization for individuals suffering from a behavioral health crisis. Takes effect 7/1/2050. (HD2)

 

HLT, JUD

HB 1798, HD1

(HSCR383-20)

Status

RELATING TO SAFE AND EFFECTIVE DISCIPLINE.

Requires the AG to convene a working group to examine laws relating to corporal punishment as a form of discipline in the State, and submit a report to the legislature prior to the 2021 regular session. Takes effect on 12/31/2059. (HD1)

 

HSH, JUD

HB 2420, HD1

(HSCR229-20)

Status

RELATING TO THE HAWAII CIVIL RIGHTS COMMISSION.

Clarifies the meaning of "program or activity receiving state financial assistance". Excludes cases within the scope of the Individuals with Disabilities Education Act from the jurisdiction of the Hawaii civil rights commission. Effective 12/31/2059. (HD1)

 

HSH, JUD

HB 2562, HD1

(HSCR522-20)

Status

RELATING TO COMMON INTEREST COMMUNITIES.

Specifies the manner in which a member of a board of a planned community association or condominium association may resign. Limits a planned community association board's ability to fill a vacancy. Clarifies the right to vote in planned community association matters. Requires any proposal to remove a board member of a planned community association be noticed and the proposal to remove included on the meeting notice, upon 14 days' request by an association member. Takes effect on 7/1/2050. (HD1)

 

CPC, JUD

HB 2563, HD1

(HSCR520-20)

Status

RELATING TO PLANNED COMMUNITY ASSOCIATIONS.

Exempts planned community associations from certain requirements regarding cumulative voting for and the removal of directors under the Hawaii Nonprofit Corporations Act. Takes effect on 7/1/2050. (HD1)

 

CPC, JUD

HB 2454, HD1

(HSCR141-20)

Status

RELATING TO CRITICAL ELECTRICAL INFRASTRUCTURE.

Establishes the offense of criminal trespass on critical electrical infrastructure. Takes effect on 7/1/2050. (HD1)

 

EEP, JUD

HB 1756, HD1

(HSCR74-20)

Status

RELATING TO THE STATE FIRE CODE.

Amends the process for adoption of the state fire code to conform with other Hawaii state building codes. Effective 7/1/2050. (HD1)

 

CPC, JUD

HB 2340, HD2

(HSCR415-20)

Status

RELATING TO DEAD BODIES.

Clarifies prohibited actions related to anatomical gifts and disposition of bodies. Effective 7/1/2050. (HD2)

 

HLT, CPC, JUD

HB 1886, HD2

(HSCR658-20)

Status

RELATING TO COFFEE LABELING.

Includes Hawaii-grown green coffee, cherry coffee, and parchment coffee in the coffee labeling requirements. Requires coffee blend labels to disclose geographic and regional origins and percent by weight of the blended coffees. Prohibits using geographic origins of coffee in labeling or advertising for roasted coffee, instant coffee, Hawaii-grown green coffee, cherry coffee, or parchment coffee that contains less than a certain percentage of coffee by weight from that geographic origin, phased in to a minimum of 51 per cent after 7/1/2022. Prohibits use of the term "All Hawaiian" in labeling or advertising for roasted coffee, instant coffee, Hawaii-grown green coffee, cherry coffee, or parchment coffee not produced entirely from green coffee beans grown and processed in Hawaii. Appropriates funds. Effective 7/1/2150. (HD2)

 

AGR, 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: 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