THE SENATE

THE TWENTY-NINTH LEGISLATURE

REGULAR SESSION OF 2018

 

COMMITTEE ON JUDICIARY

Senator Brian T. Taniguchi, Chair

Senator Karl Rhoads, Vice Chair

 

NOTICE OF DECISION MAKING

 

 

DATE:

Tuesday, February 27, 2018

TIME:

9:30 a.m.

PLACE:

Conference Room 016

State Capitol

415 South Beretania Street

 

A G E N D A

 

The following measures were previously heard in their respective subject matter committees:

 

SB 2559, SD1

      (SSCR2239)

      Status & Testimony

RELATING TO INVASIVE SPECIES.

Clarifies that state, county, and authorized agents' authority to enter private property to control and eradicate invasive species also applies when there is a reasonable suspicion that priority invasive species are present on that property.  Requires the Invasive Species Council to maintain a list of priority invasive species and diseases that pose a high risk to public health and safety, the environment, or agriculture.  (SD1)

 

AEN/WTL, JDC

SB 3033

      (SSCR2053)

      Status & Testimony

RELATING TO AGRICULTURAL THEFT.

Amends the definition of agricultural equipment, supplies, or products.  Strengthens property right protections for persons who produce agricultural products on private residential property.

 

AEN, JDC

SB 2299, SD1

      (SSCR2192)

      Status & Testimony

RELATING TO NATUROPATHIC MEDICINE.

Authorizes a naturopathic physician to prescribe and administer testosterone that is consistent with naturopathic medical practice.  Clarifies that narcotic drugs and controlled substances, other than testosterone, shall not be included within the naturopathic formulary.  (SD1)

 

CPH/PSM, JDC

SB 2491, SD1

      (SSCR2191)

      Status & Testimony

RELATING TO HEALTH CARE WORKERS.

Makes intentionally or knowingly causing bodily injury to certain health care workers a class C felony.  (SD1)

 

CPH, JDC

SB 2650, SD1

      (SSCR2273)

      Status & Testimony

RELATING TO MOVIE THEATERS.

Makes permanent the requirement for certain motion picture theater owners and operators to provide open movie captioning for at least two showings per week, one of which has a scheduled start time no earlier than 4:30 p.m.  Repeals the requirement to provide an option of personal closed captioning screenings by means of lightweight eyewear.  (SD1)

 

CPH, JDC

SB 2811, SD1

      (SSCR2314)

      Status & Testimony

RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

Updates chapter 329, Hawaii Revised Statutes, to be consistent with federal law, by allowing prescribing authorization of drugs which include buprenorphine and naloxone to patients undergoing "medically managed withdrawal", also known as "detoxification treatment" and "maintenance treatment" by practitioners who are properly registered.  (SD1)

 

CPH, JDC

SB 2812, SD1

      (SSCR2392)

      Status & Testimony

RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

Updates chapter 329, Hawaii Revised Statutes, to make it consistent with amendments in the federal Controlled Substances Act as required under section 329-11, Hawaii Revised Statutes.  (SD1)

 

CPH, JDC

SB 3024, SD1

      (SSCR2103)

      Status & Testimony

RELATING TO CONSUMER PROTECTION.

Prohibits the sale of video games that contain a system of further purchasing to consumers under 21 years of age.  (SD1)

 

CPH, JDC

SB 2922

      (SSCR2071)

      Status & Testimony

PROPOSING AMENDMENTS TO ARTICLES VIII AND X OF THE CONSTITUTION OF THE STATE OF HAWAII TO AUTHORIZE THE LEGISLATURE TO ESTABLISH A SURCHARGE TO INCREASE FUNDING FOR PUBLIC EDUCATION.

Proposes amendments to the Constitution of the State of Hawaii to advance the State's goal of providing a quality education for the children of Hawaii by authorizing the legislature to establish, as provided by law, a surcharge on residential investment property and visitor accommodations.

 

EDU, JDC

SB 2097

      (SSCR2263)

      Status & Testimony

RELATING TO CHILD SAFETY.

Authorizes child abuse and neglect reports for incidents occurring in group child care homes or group child care centers to be disclosed to parents or guardians of children enrolled in the home or center at the time of the alleged abuse or neglect or to parents or guardians considering enrolling their children in the home or center.  Authorizes the disclosure of a report involving a finding of a felony or misdemeanor to be disclosed to any person upon request.

 

HMS, JDC

SB 2790, SD1

      (SSCR2433)

      Status & Testimony

RELATING TO THE RIGHTS OF CHILDREN IN FOSTER CARE.

Amends the Child Protective Act, chapter 587A, Hawaii Revised Statutes, by repealing the existing section, guiding principles for children in foster care, and inserting a new section, rights of children in foster care.  (SD1)

 

HMS, JDC

SB 2784, SD1

      (SSCR2187)

      Status & Testimony

RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY.

Creates an eviction process for the Hawaii Public Housing Authority's state low-income housing project or program and elder or elderly housing.  (SD1)

 

HOU, JDC

SB 2786, SD1

      (SSCR2188)

      Status & Testimony

RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY.

Provides that certain areas within Hawaii Public Housing Authority housing projects are closed to the public and amends criminal trespass in the second degree to permit the prosecution of an unauthorized entry or a violation of a written prohibition to enter into the subject housing projects.  Clarifies requirements for signage notifying trespassers of illegal entry.  (SD1)

 

HOU, JDC

SB 2782

      (SSCR2351)

      Status & Testimony

RELATING TO PERSONAL PRIVACY.

Specifies certain records of the Department of Hawaiian Home Lands are not required to be publicly disclosed or made open to inspection pursuant to public records requests and may be discussed during an executive meeting of the Hawaiian Homes Commission.

 

HWN, JDC

SB 2863, SD1

      (SSCR2475)

      Status & Testimony

RELATING TO THE PENAL CODE.

Amends the offenses of criminal property damage in the first, second, and third degrees to include damage to property holding cultural or historical significance to Native Hawaiians according to the state of mind of the offender and dollar value of the damaged property.  (SD1)

 

HWN, JDC

SB 2189, SD1

      (SSCR2466)

      Status & Testimony

RELATING TO VICTIM RIGHTS.

Provides that failure of state and county officers and employees to carry out or comply with chapter 801D, HRS, shall provide a basis for disciplinary action, with certain exceptions.  Requires competent authority to immediately report such disciplinary action to the legislature.  Takes effect 1/1/2045.  (SD1)

 

LBR, JDC

SB 2367, SD1

      (SSCR2113)

      Status & Testimony

RELATING TO OCCUPATIONAL SAFETY AND HEALTH.

Requires the Hawaii Labor Relations Board to deliver its decisions and orders by hand, USPS mail with delivery confirmation, or electronically.  (SD1)

 

LBR, JDC

SB 2046

      (SSCR2177)

      Status & Testimony

RELATING TO FIREARMS.

Prohibits trigger modification devices, including bump stocks, that are designed or function to accelerate the rate of fire of a semiautomatic firearm.

 

PSM, JDC

SB 2290, SD1

      (SSCR2166)

      Status & Testimony

RELATING TO LAW ENFORCEMENT.

Prohibits state law enforcement agencies from complying with federal immigration detainers or honoring requests for non-public information unless specifically required to do so by a warrant signed by a judge or federal, state, or local law.  Takes effect 1/1/2050.  (SD1)

 

PSM, JDC

SB 2343, SD1

      (SSCR2258)

      Status & Testimony

RELATING TO DOMESTIC VIOLENCE.

Amends the offense of abuse of family or household members to provide for felony, misdemeanor, and petty misdemeanor penalties.  Expands the family court's jurisdiction over cases involving harassment of a family or household member.  Allows the granting of a deferred acceptance of guilty or no contest plea in cases involving misdemeanor abuse of a family or household member in the second degree.  Requires that no-contact and stay-away orders issued in criminal cases involving abuse of a family or household member or non-physical forms of harassment of a family or household member be converted by the court to a new protective order that shall remain in effect for a fixed reasonable period as the court deems appropriate, unless the victim or witness requests otherwise; provided that a hearing on the issue is held and certain requirements are met.  Takes effect on 1/1/2019.  (SD1)

 

PSM, JDC

SB 2436, SD1

      (SSCR2165)

      Status & Testimony

RELATING TO FIREARMS.

Shortens the time period for voluntary surrender of firearms and ammunition upon disqualification from ownership, possession, or control from 30 days to 24 hours.  (SD1)

 

PSM, JDC

SB 3083

      (SSCR2176)

      Status & Testimony

RELATING TO EMERGENCY MANAGEMENT.

Clarifies that certain types of remuneration received by an owner of private property who in good faith provides emergency access to land, shelter, or subsistence during a disaster shall not disqualify the owner from receiving the exemption provided under section 663-10.7, HRS, from civil liability for any resulting injury or damage.

 

PSM, JDC

SB 2953, SD1

      (SSCR2364)

      Status & Testimony

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

Requires certain private streets, highways, or thoroughfares in a commercial development district of the HCDA to conform to county construction and maintenance standards.  Requires owners who exercise ownership rights for financial gain or profit of private streets, highways, or thoroughfares in a commercial development district to be responsible for the costs of conforming and maintaining the private roads to county standards.  Authorizes private civil injunctive actions in the circuit courts to enforce compliance.  Repeal on 6/30/2023.  (SD1)

 

TRE/PSM, JDC

SB 2974, SD1

      (SSCR2325)

      Status & Testimony

RELATING TO THE UNIFORM CERTIFICATE OF TITLE FOR VESSELS ACT.

Requires certain vessel owners to apply for a certificate of title within twenty days of becoming an owner or within twenty days of establishing principal use of the vessel in waters of the State.  Establishes what information is required to be included in an application for a certificate of title; how to deal with transfer of vessel ownership and title; rights of a secured party; and rights of a purchaser other than a secured party.  (SD1)

 

WTL, JDC

 

 

 

 

Decision making meeting only, no oral testimony will be accepted.

 

Persons wishing to submit written testimony may do so up to 24 hours prior to the hearing.

 

Click here to submit written testimony to the Senate Committee on Judiciary.

 

 

FOR AMENDED NOTICES:  Measures that have been deleted are stricken through and measures that have been added are underscored.  If a measure is both underscored and stricken through, that measure has been deleted from the agenda.

 

If you require auxiliary aids or services to participate in the public hearing process (i.e. ASL or foreign language interpreter, or wheelchair accessibility), please contact the committee clerk at least 24 hours prior to the hearing so that arrangements can be made.

 

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT (808) 586-6460.

 

 

 

 

_____________________________________

Senator Brian T. Taniguchi

Chair