HOUSE OF REPRESENTATIVES

THE TWENTY-SECOND LEGISLATURE

REGULAR SESSION OF 2004

COMMITTEE ON JUDICIARY

Rep. Eric G. Hamakawa, Chair

Rep. Blake K. Oshiro, Vice Chair

Rep. Kirk Caldwell

Rep. Alex M. Sonson

Rep. Jerry L. Chang

Rep. Joseph M. Souki

Rep. Robert N. Herkes

Rep. Lynn Finnegan

Rep. Ken Ito

Rep. Barbara Marumoto

Rep. Ezra R. Kanoho

Rep. David A. Pendleton

Rep. Marilyn B. Lee

Rep. Cynthia Thielen

Rep. Marcus R. Oshiro

NOTICE OF HEARING

DATE:

Tuesday, March 2, 2004

TIME:

3:05 p.m.

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

A G E N D A

HB 2023

HD1

(HSCR287-04)

RELATING TO ADMINISTRATIVE APPEALS.

Requires that administrative appeals for the Department of Human Services be heard de novo. (HB2023 HD1)

HSH, JUD

HB 2320

RELATING TO VICTIM RESTITUTION.

Removes judicial discretion to mandate that defendants make restitution to victims. Provides that a defendant's financial ability to make restitution payments may be considered only in connection with establishing a restitution payment schedule.

JUD

HB 698

RELATING TO CRIMINAL TRESPASS.

Amends the criminal trespass laws to prohibit persons from entering or remaining unlawfully on certain public or private property for a specified time period, after a reasonable warning or request to leave the premises has been issued.

JUD

HB 2792

(HSCR111-04)

RELATING TO PRIVATE ROADS.

Requires owners of private roads to maintain private roads pursuant to agreement or in absence of agreement in equal shares.

WLH/TRN, JUD

HB 2527

HD1

(HSCR252-04)

RELATING TO SPECIAL INTEREST VEHICLES.

Repeals requirement that special interest vehicles be subject to reconstructed vehicle law. (HB2527 HD1)

TRN, JUD

HB 2361

RELATING TO THE PUBLIC AGENCY MEETINGS.

Specifies that only groups expressly created by the State Constitution or a statute, charter, executive order, or ordinance, to function in a parliamentarian fashion, and which have delegated governmental authority over specific matters of public business constitute "boards" for purposes of the state Sunshine Law.

JUD

DECISION MAKING TO FOLLOW

The following measures are for decision making only, no public testimony will be accepted.

HB 2301

RELATING TO APPELLATE JURISDICTION.

Amends appellate jurisdiction of the supreme court and the intermediate appellate court changing the supreme court's jurisdiction to appeals by writ of certiorari or transfer from the intermediate appellate court. Repeals criteria for assigning appeals. Requires most appeals to be filed with the intermediate appellate court instead of the supreme court.

 

JUD

HB 1765

RELATING TO GOVERNMENT BOARDS, COMMISSIONS, AND AGENCIES.

Provides for the expiration of the term of a member of a government board, commission, or any agency who failed to attend two consecutive meetings where the board was not able to constitute quorum because of the absence of the member.

 

JUD

HB 2717

RELATING TO LIENS.

Clarifies that a lien for services in a personal injury case shall be established pursuant to a settlement or judgment for damages for personal injury.

JUD

HB 2786

RELATING TO ARBITRATION.

Extends to suits in arbitration the situations in which a losing insurer must pay attorney's fees and costs to the prevailing insured or other party.

JUD

HB 2378

RELATING TO THE SOVEREIGN IMMUNITY OF BOARDS AND COMMISSIONS.

Specifies that all administratively attached boards and commissions are arms of the State of Hawaii and entitled to claim sovereign immunity to the same extent as the State itself.

JUD

HB 2979

RELATING TO THE OFFICE OF PUBLIC INTEGRITY.

Establishes the Office of Public Integrity to consolidate the ethics commission, campaign spending commission, office of elections, and office of the ombudsman to increase efficiency in the delivery of services and maximize each agency's ability to ensure fairness and integrity in government.

JUD

HB 2925

HD1

(HSCR427-04)

RELATING TO REFUSE.

Allows citizens who report illegal dumping activity to receive 50 percent of the fines collected when a conviction results. Requests the Auditor to analyze procedures necessary to regulate solid waste haulers and require trip records. (HB2925 HD1)

EEP, JUD

HB 2050

(HSCR395-04)

RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINE.

Authorizes the department of agriculture to restrict the entry into the State of any articles originating from Guam that have not been certified as having been inspected by the U.S. Department of Agriculture-Wildlife Services or other approved agency prior to shipment from Guam.

AGR/EEP, JUD

PERSONS WISHING TO TESTIFY ARE REQUESTED TO SUBMIT 35 COPIES OF THEIR TESTIMONY AT LEAST 24 HOURS PRIOR TO THE HEARING TO: (1) THE COMMITTEE'S VICE CHAIR IN ROOM 332, STATE CAPITOL, OR (2) THE HOUSE SGT.-AT-ARMS TESTIMONY DROP OFF BOX IN THE TURNAROUND AREA OF THE CAPITOL BASEMENT PARKING LOT. TESTIMONY MAY BE FAXED TO THE HOUSE SGT.-AT-ARMS OFFICE AT: 586-6501 (OAHU) OR 1-800-535-3859 (NEIGHBOR ISLANDS). WHEN FAXING, PLEASE INDICATE TO WHOM THE TESTIMONY IS BEING SUBMITTED, THE DATE AND TIME OF THE HEARING, AND THE REQUIRED NO. OF COPIES THAT IS NEEDED FOR SUBMITTAL.

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-8480.

IF YOU REQUIRE SPECIAL ASSISTANCE OR AUXILIARY AIDS AND/OR SERVICES TO PARTICIPATE IN THE PUBLIC HEARING PROCESS OF THE STATE HOUSE (I.E., SIGN LANGUAGE INTERPRETER, WHEELCHAIR ACCESSIBILITY, OR PARKING DESIGNATED FOR THE DISABLED), PLEASE CONTACT THE COMMITTEE CLERK AT LEAST 24 HOURS PRIOR TO THE HEARING SO ARRANGEMENTS CAN BE MADE.

______________________________________

Rep. Eric G. Hamakawa

Chair