HOUSE OF REPRESENTATIVES

THE TWENTY-THIRD LEGISLATURE

REGULAR SESSION OF 2005

COMMITTEE ON JUDICIARY

Rep. Sylvia J. Luke, Chair

Rep. Blake K. Oshiro, Vice Chair

Rep. Kirk Caldwell

Rep. Alex M. Sonson

Rep. Robert N. Herkes

Rep. Joseph M. Souki

Rep. Ezra R. Kanoho

Rep. Barbara Marumoto

Rep. Hermina M. Morita

Rep. Cynthia Thielen

NOTICE OF HEARING

DATE:

Tuesday, February 22, 2005

TIME:

2:00 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

A G E N D A

HB 150

HD1

(HSCR465)

RELATING TO DRIVER LICENSING.

Establishes a 3-stage graduated driver licensing program for persons under the age of 18. Requires them to be accompanied by a licensed parent or guardian when driving between 11 p.m. and 5 a.m., with limited exceptions. Requires temporary instruction permit holders to be accompanied by a person who is at least 21, rather than 18, when driving. (HB150 HD1)

TRN, JUD

HB 857

(HSCR423)

RELATING TO MOTOR VEHICLES.

Requires the director of transportation to include decibel tests as part of the official motor vehicle safety inspection rules.

TRN, JUD

HB 862

HD1

(HSCR430)

RELATING TO TRAFFIC OFFENSES.

Establishes the offense of excessive speeding, which is defined as 30 or miles per hour over the speed limit or 90 miles per hour or more irrespective of the speed limit. (HB862 HD1)

TRN, JUD

HB 919

(HSCR424)

RELATING TO USE OF INTOXICANTS.

Permits the forfeiture of a vehicle for conviction of operating a vehicle under the influence of an intoxicant within 5 years of 2 prior convictions or conviction of habitually operating a vehicle under the influence of an intoxicant.

TRN, JUD

HB 1173

HD1

(HSCR432)

RELATING TO MOTOR VEHICLE NOISE.

Amends motor vehicle muffler noise law to provide a schedule of increased fines for the second, third, and subsequent violations.

TRN, JUD

HB 164

(HSCR5)

RELATING TO UNAUTHORIZED MOTION PICTURE RECORDING.

Prohibits the use of audiovisual recording devices in a movie theater without prior consent of the movie theater operator.

CPC, JUD

HB 467

RELATING TO THE PRIMARY ELECTION DATE.

Changes the primary election date from the second to last Saturday in September to the second Saturday in August. Eliminates the prohibition of having a primary precede a general election by less than 45 days.

JUD

HB 783

HD1

(HSCR352)

RELATING TO MORTGAGE FORECLOSURES.

Repeals the 1874 nonjudicial (power of sale) foreclosure law. Amends the 1998 alternate power of sale foreclosure process by allowing all mortgages to be foreclosed through the process, capping the public sale purchaser's downpayment to not more than 10 percent of the highest successful bid, removing the requirement that the borrower sign the conveyance document, and clarifying that the new property owner may take possession no sooner than 45 days after the public sale. Effective July 1, 2099. (HB783 HD1)

CPC, JUD

HB 1164

RELATING TO HARASSMENT.

Provides that harassment includes all computer communications.

 

JUD

HB 1165

RELATING TO HARASSMENT.

Adds computer communication as a form of nonconsensual contact in the offense of harassment by stalking.

JUD

HB 106

HD1

(HSCR19)

RELATING TO HEALTH INSURANCE.

Requires insurers, mutual benefit societies, and health maintenance organizations to provide employers with employee group health claims experience under the employer health plan for the current policy period within 90 days of a request. Authorizes reasonable fees. Provides exceptions.

CPC, LAB, JUD

HB 864

RELATING TO COUNTIES.

Extends the several counties' authority to regulate billboards and other outdoor advertising devices to include the airspace or waters beyond the boundaries of a county that are visible from any public place within the county.

WLO, JUD

HB 1383

(HSCR263)

RELATING TO GOVERNMENT REFORM.

Improves government by instituting bribery-reporting requirements.

LMG, JUD

HB 1201

HD1

(HSCR380)

RELATING TO AGRICULTURAL THEFT.

Clarifies that possession of agricultural commodities removed from fenced or posted premises without an ownership and movement certificate is prima facie evidence that the person knows that agricultural commodities are or have been stolen in cases of theft in the second degree; clarifies that possession of livestock without a livestock ownership and movement certificate is prima facie evidence that the person knows the livestock is or has been stolen in cases of livestock theft; broadens the definition of theft in the second degree by including theft of agricultural commodities that weigh over 35lbs from fenced or posted premises. (HB1201 HD1)

AGR, JUD

HB 1202

HD1

(HSCR484)

RELATING TO AGRICULTURAL TRESPASSING.

Declares that a person commits the crime of criminal trespass in the second degree if the person enters another person's cultivated or uncultivated agricultural land that is posted with signs forbidding trespass, without permission. (HB1202 HD1)

AGR, JUD

HB 1639

HD1

(HSCR485)

RELATING TO AGRICULTURAL LIABILITY.

Exempts qualified farmers from liability when a person who trespasses and commits, or attempts to commit, theft on the farmer's agricultural land is injured. (HB1639 HD1)

AGR, JUD

HB 1550

(HSCR321)

RELATING TO STUDENTS.

Authorizes DOE to permit its employees and agents to administer medication, excluding insulin, to diabetic students in an emergency; establishes that DOE is not liable for any injury from self-administered or emergency administered medication of students.

EDN, JUD

     

 

DECISION MAKING TO FOLLOW

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 422, 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 ALSO BE FAXED IF LESS THAN 5 PAGES IN LENGTH 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.

IT IS ALSO REQUESTED THAT THE COPIES BE ON ONE SIDE OF AN 8-1/2" X 11" SHEET WITH TWO HOLES PUNCHED AT THE TOP. FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-8530.

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. Sylvia Luke

Chair