HOUSE OF REPRESENTATIVES

THE TWENTY-THIRD LEGISLATURE

REGULAR SESSION OF 2006

COMMITTEE ON JUDICIARY

Rep. Sylvia Luke, Chair

Rep. Blake K. Oshiro, Vice Chair

Rep. Kirk Caldwell

Rep. Alex M. Sonson

Rep. Ezra R. Kanoho

Rep. Joseph M. Souki

Rep. Jon Riki Karamatsu

Rep. Barbara C. Marumoto

Rep. Hermina M. Morita

Rep. Cynthia Thielen

COMMITTEE ON LEGISLATIVE MANAGEMENT

Rep. Michael Y. Magaoay, Chair

Rep. Ryan I. Yamane, Vice Chair

Rep. Blake K. Oshiro

Rep. Chris Halford

Rep. K. Mark Takai

 

NOTICE OF HEARING

DATE:

Tuesday, February 21, 2006

TIME:

2:00 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

A G E N D A

HB 1844

RELATING TO ADMINISTRATIVE RULES.

Requires any state agency adopting, amending, or repealing an administrative rule to file two certified copies of the rule with clerk of the senate and of the house of representatives, respectively, at the time of filing the rule with the lieutenant governor.

JUD/LMG

HB 2968

(HSCR186-06)

RELATING TO INTEREST RATES.

Clarifies permissible credit card interest rates. Defines "interest" to include credit card fees and charges.

CPC, JUD

HB 2969

HD1

(HSCR267-06)

RELATING TO ANNUITIES.

Establishes standards and procedures for insurers or insurance producers when making recommendations to senior consumers considering the purchase or exchange of any annuity. Removes variable annuities from regulation as a security, leaving jurisdiction with the Insurance Commissioner (HB2969 HD1).

CPC, JUD

HB 105

(HSCR68)

RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

Prohibits tenants or guests from unlawfully possessing dangerous, harmful, or detrimental drugs in a dwelling unit or on surrounding premises. Authorizes a summary eviction proceeding for violation of the prohibition, wherein the landlord may rely upon notices or reports issued by law enforcement.

HSG, CPC, JUD

HB 861

HD1

(HSCR566)

RELATING TO INSURANCE.

Excludes from the definition of "employment" under workers' compensation law: (1) service performed by a sole proprietor or a partner of a partnership, as defined in the partnership law, if the partner is an individual; and (2) service performed by a member of an LLC if the member is an individual and has a distributional interest, as defined under the Uniform Limited Liability Company Act, of at least 50% in the company. Provides for fees to be charged under certain circumstances. (HB861 HD1)

LAB, JUD

HB 1962

RELATING TO CRIMINAL HISTORY.

Requires expungement of records relating to criminal offenses for which the defendant has been convicted but pardoned by the governor.

JUD

HB 2410

RELATING TO CONTROLLED SUBSTANCES.

Amends statutory provisions to conform with changes to the Uniform Controlled Substances Act enacted in 2005.

JUD

HB 1968

(HSCR73-06)

RELATING TO INTOXICATING LIQUOR.

Requires wine direct shippers to obtain a permit to ship wine to Hawaii residents.

EDB, JUD

HB 2304

RELATING TO PROMOTING INTOXICATING LIQUOR TO A MINOR.

Changes the classification of the offense of promoting intoxicating liquor to a minor from a misdemeanor to a petty misdemeanor and, provides for a mandatory jail sentence for those convicted of the offense.

JUD

HB 2639

HD1

(HSCR439-06)

RELATING TO USE OF INTOXICANTS WHILE OPERATING A MOTOR VEHICLE.

Increases sanctions for driving with a high blood alcohol level. (HB2639 HD1)

TRN, JUD

HB 3257

(HSCR310-06)

RELATING TO USE OF INTOXICANTS.

Requires police to inform person arrested for drivering under the influence of intoxicants of the sanctions for refusal to submit to breath, blood, or urine test only if person withdraws consent to testing implied by operation of a vehicle on public highway or waters of the State.

TRN, JUD

HB 1995

RELATING TO ENDANGERING THE WELFARE OF A MINOR.

Expands the crimes of endangering the welfare of a minor in the first and second degree to include a person who in the context of an illegal methamphetamine lab, causes unjustifiable pain or suffering to a minor, or injures or endangers the minor's health or person.

JUD

HB 1899

(HSCR435-06)

RELATING TO THE USE OF SAFETY HELMETS BY MINORS.

Mandates safety helmet use for moped drivers under the age of 18 years.

TRN, JUD

HB 2234

(HSCR199-06)

RELATING TO MOTOR SCOOTERS.

Prohibits dealers from selling new motor scooters with noise emissions exceeding a specified number of decibels. Adds motor scooters to noisy muffler law currently applicable to motorcycles and mopeds.

TRN, JUD

HB 2677

(HSCR362-06)

RELATING TO MOPEDS.

Requires mopeds to be inspected annually, to display a certificate of inspection, and to be operated only with an exhaust system that meets original manufacturer specifications.

TRN, JUD

HB 2422

(HSCR436-06)

RELATING TO HIGHWAY SAFETY.

Increases the penalties for motorists who violate Hawaii's crosswalk law.

TRN, JUD

HB 2710

HD1

(HSCR444-06)

RELATING TO NOISE.

Prohibits as disorderly conduct the operation of motorized equipment with noise levels exceeding 120 decibels, including lawn mowers, leaf blowers, and other grounds maintenance or construction equipment, between 7:00 p.m. and 7:00 a.m., any day of the week. (HB2710 HD1)

EEP, JUD

HB 2705

RELATING TO OUTDOOR ADVERTISING.

Establishes conditions under which political signs may be displayed on residential property.

JUD

HB 2854

RELATING TO UNMARRIED COUPLES.

Ensures parity between unmarried couples and married couples by extending the benefits provided under the State's employer-union health benefits trust fund to reciprocal beneficiaries.

JUD

HB 2233

RELATING TO CONDEMNATION.

Prohibits the exercise of the powers of eminent domain by the State and counties for economic development resulting in the development of nongovernmental improvements.

JUD

HB 3239

RELATING TO CRUELTY TO ANIMALS.

Authorizes a court to forfeit an animal before trial on cruelty charges. Permits court to allow defendant to post bond in lieu of forfeiture for care of animal pending outcome of proceedings. Authorizes law enforcement officer to enter property to care for or impound animal subjected to cruelty. Provides qualified immunity for officer making entry to impound animal.

JUD

HB 2859

RELATING TO FENCING.

Adjoining landowner liable for damage to animals and fences if landowner maintains a structure, use, or condition that attracts animals and causes them to break a lawful fence.

JUD

     

DECISION MAKING TO FOLLOW

The following measure is for Decision Making only, No public testimony will be accepted.

HB 2899

RELATING TO JUDGMENT LIENS.

Repeals requirement for the debtor's social security number when recording a judgment, order, or decree for lien purposes. Clarifies that liens do not continue beyond the time period that the underlying judgment, order, or decree is in force. Clarifies that liens apply to judgments, orders, and decrees.

JUD

     

PERSONS WISHING TO TESTIFY ARE REQUESTED TO SUBMIT 40 COPIES OF THEIR TESTIMONY AT LEAST 24 HOURS PRIOR TO THE HEARING TO: (1) THE JUD 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.

FOR FURTHER INFORMATION, PLEASE CALL THE JUD 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.

SELECTED HEARINGS ARE BROADCAST LIVE ON "O`LELO COMMUNITY TELEVISION" (CHANNELS 52, 53, AND 54). CHECK THE CURRENT LEGISLATIVE BROADCAST SCHEDULE THROUGH THEIR WEB SITE AT WWW.CAPITOLTV.ORG FOR A LISTING.

 

 

________________________________________

Rep. Michael Y. Magaoay

Chair

________________________________________

Rep. Sylvia Luke

Chair