HOUSE OF REPRESENTATIVES

THE TWENTY-SECOND LEGISLATURE

REGULAR SESSION OF 2003

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, February 11, 2003

TIME:

2:30 p.m.

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

A G E N D A

     

HB 1277

(HSCR141)

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 16, OF THE CONSTITUTION OF THE STATE OF HAWAII, TO PROVIDE THE LEGISLATURE WITH THE POWER TO RECALL A BILL PRESENTED TO THE GOVERNOR.

Proposes an amendment to the State Constitution that would allow the legislature to recall a bill presented to the Governor by concurrent resolution.

LMG, JUD, FIN

     

HB 320

HD1

(HSCR38)

RELATING TO RISK MANAGEMENT.

Establishes the University of Hawaii Risk Management Special Fund; allows UH to indemnify persons, companies, and governmental and other entities to secure research and other funds for educational purposes (HB320 HD1).

HED, JUD, FIN

     

HB 411

HD1

(HSCR20)

RELATING TO THE PROHIBITION OF DISCRIMINATION BY PUBLIC ENTITIES AGAINST INDIVIDUALS WITH DISABILITIES.

Prohibits discrimination on the basis of disability in services, programs, and activities provided by the counties, or by private entities on behalf of the State or counties. (HB411 HD1)

HLT, JUD, FIN

     

HB 1572

HD1

(HSCR103)

RELATING TO PARKING FOR DISABLED PERSONS.

Prohibits parking in access aisles adjacent to disabled parking stalls. Specifies authority of law enforcement personnel and commissioned volunteers to access private property to enforce disabled parking laws. (HB1572 HD1)

TRN, JUD, FIN

     

HB 189

HD1

(HSCR50)

RELATING TO EMERGENCY CONTRACEPTIVES FOR SEX ASSAULT SURVIVORS IN EMERGENCY ROOMS.

Authorizes hospitals to provide emergency contraception to sexual assault survivors. (HB189 HD1)

HLT, JUD, FIN

HB 1402

HD1

(HSCR177)

RELATING TO HUMAN SERVICES.

Extends the sunset provision for home and community-based case management agencies and community care foster family homes to July 1, 2005. Requires a report prior to sunset. Appropriates funds. (HB1402 HD1)

HSH/HLT, JUD, FIN

     

HB 925

(Pending referral from HSH/HLT)

RELATING TO ELDER ABUSE.

Requires the DOH to conduct criminal history record checks of operators and employees of skilled nursing facilities, intermediate care facilities, adult residential care homes, adult foster homes, and assisted living facilities; requires the DHS to conduct checks on adult day care centers.

HSH/HLT, JUD, FIN

     

HB 1192

(Pending referral from HSH)

RELATING TO BACKGROUND CHECKS FOR ADULT SERVICES PROGRAMS.

Requires the Department of Human Services to establish standards, which shall include criminal history record and adult and child protective service record checks, to ensure the reputable and responsible character of service providers who have direct contact with individuals receiving services through the adult services programs.

HSH, JUD, FIN

     

HB 641

HD1

(HSCR150)

RELATING TO CRIMINAL HISTORY RECORD CHECKS.

Implements the recommendations of the criminal history record check working group, as established pursuant to Act 263, SLH 2001, to address inconsistencies and duplicative statutory language authorizing record checks for employment background checks, certifications, and licensing of individuals. (HB641 HD1)

LAB, JUD, FIN

     

HB 554

HD1

(HSCR149)

RELATING TO GOVERNMENT.

Authorizes a board of water supply serving a population of 500,000 or more persons, to implement an experimental civil service modernization project without the approval from the Mayor. (HB554 HD1)

LAB, JUD, FIN

     

HB 969

HD1

(HSCR148)

RELATING TO COLLECTIVE BARGAINING.

Excludes public employees covered by collective bargaining under chapter 89 from specific sections of the uniform arbitration act. (HB969 HD1)

LAB, JUD, FIN

     

HB 1166

HD1

(HSCR110)

RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT.

Repeals chapter 425D, Hawaii's limited partnership act, and replaces it with a new uniform limited partnership act based on the national conference of commissioners on uniform state laws 2001 uniform limited partnership model act. (HB1166 HD1)

CPC, JUD, FIN

     

HB 1092

HD1

(HSCR153)

RELATING TO EDUCATION.

Allows home-schooled students to participate in extracurricular and co-curricular activities of the public school to which the home-school student would be assigned (HB1092 HD1).

EDN, JUD, FIN

     

HB 1221

(Pending referral from PSM)

RELATING TO THE GARNISHMENT OF COMMITTED PERSONS' MONEYS.

Authorizes the Department of Public Safety to garnish the moneys of committed persons, earned or gained by windfall, judgment, or settlement, to satisfy court-ordered crime victim compensation fees.

PSM, JUD, FIN

     

HB 413

(HSCR139)

RELATING TO THE OFFICE OF ELECTIONS.

Transfers the office of elections from the Lt. Governor's office to the Office of the Auditor for administrative purposes.

LMG, JUD, FIN

     

HB 675

HD1

(HSCR91)

PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION TO PREVENT CONDEMNATION OF TRUST LANDS.

Proposes a constitutional amendment to protect trust lands that benefit Hawaiians from condemnation by the State and counties. (HB675 HD1)

WLH, JUD, FIN

     

HB 1512

RELATING TO CRIMINAL PROCEDURE AND A TASK FORCE STUDY.

Sets forth a procedure for the prosecution of class C felonies via information. Allows for depositions of witnesses when prosecution is via information. Establishes a task force to study alternatives in criminal charging procedures.

JUD, FIN

 

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 332, STATE CAPITOL, OR (2) THE HOUSE SGT.-AT-ARMS TESTIMONY DROP 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 ARE 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 JUD 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