COMMITTEE ON CONSUMER PROTECTION & COMMERCE AND COMMITTEE ON JUDICIARY

Thursday, March 16, 2006

Conference Room 325; State Capitol

2:00 p.m. AGENDA:

CPC/JUD only:

SB 2158

SD2

(SSCR2577)

RELATING TO IDENTITY THEFT.

Requires that the first five digits of an individual's social security number contained in family court records or judgments affecting title to land be redacted before the records or judgments are released for public inspection. (SD2)

CPC/JUD

SB 2159

SD2

(SSCR2636)

RELATING TO IDENTITY THEFT.

Increases penalties for identity theft. Makes it a crime to intentionally or knowingly possess the confidential personal information of another. (SD2)

CPC/JUD

SB 2289

SD2

(SSCR2601)

RELATING TO CONSUMER CREDIT REPORTING AGENCIES.

Allows consumers who are victims of identity theft to place a security freeze on their credit reports which will prohibit a consumer reporting agency from releasing any information to unauthorized parties without the consumer's express authorization and will provide consumers more control over who has access to their credit report. (SD2)

CPC/JUD

SB 2293

SD2

(SSCR2693)

RELATING TO SOCIAL SECURITY NUMBER PROTECTION.

Requires businesses and government agencies, subject to limited exceptions, from disclosing an individual's social security number to the general public; printing the SSN on an identification card or in mailings to customers; and requiring the transmission of a SSN to third parties without the individual's written consent unless the third party needs the information for a legitimate purpose. (SD2)

CPC/JUD

SB 3066

SD1

(SSCR2684)

RELATING TO INTEREST AND USURY.

Clarifies permissible credit card interest rates. Defines "interest" to include credit card fees and charges. (SD1)

CPC/JUD

SB 2248

SD2

(SSCR2906)

RELATING TO SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES.

Requires professional solicitors to disclose to contributors whether a donation will be tax deductible and solicitors' full legal name, address and phone number. Adopts clarifying amendments to the definition of "contribution." Allows the attorney general to suspend or revoke any registration where the registrant has failed to file, or filed an incomplete financial report as required. (SD2)

JUD/CPC, FIN

Decision making to follow.

 

2:05 p.m. AGENDA:

JUD only:

SB 1884

SD1, HD1

(HSCR1207)

RELATING TO PUBLIC ACCESS TO SHORELINES.

Imposes an additional requirement for subdivision approval, i.e., subdividers and developers must provide a right-of-way or easement to connect existing or proposed shoreline access points for reasonable public access along the shoreline, unless precluded by topography, so the public can easily and safely traverse shoreline areas. (SB1884 HD1)

WLO, JUD

SB 2506

(SSCR2561)

RELATING TO THE REPRODUCTIVE RIGHTS PROTECTION COMMITTEE.

Repeals the reproductive rights protection committee for not having served its intended purpose by being inactive for the last 8 years.

JUD

SB 2255

SD1

(SSCR2244)

RELATING TO TIME LIMITATIONS.

Adds crimes that include deception as an element to those crimes for which the date of discovery is used to calculate the time limitation within which the crime must be charged. (SD1)

JUD

SB 2244

SD1

(SSCR2547)

RELATING TO EXPUNGEMENTS.

Requires the deletion of digitized arrest records, rather than the return of hard copy materials, if applicable. Clarifies the definition of "crime" as it relates to expungeable offenses. Limits expungements to applicants that have no convictions on their criminal record. (SD1)

JUD

SB 2141

SD2

(SSCR2743)

RELATING TO SEX ASSAULT SERVICES.

Appropriates moneys to fully fund sexual assault services in the State. (SD2)

JUD, FIN

SB 2246

SD1

(SSCR2544)

PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO SEXUAL ASSAULT.

Propose an amendment to article I of the State Constitution to provide that the Legislature may define what behavior constitutes a continuing course of conduct in sexual assault crimes, and that the Legislature may define what constitutes the unanimity that is required for a conviction in sexual assault crimes. (Rabago case). (SD1)

JUD, FIN

SB 2265

SD1

(SSCR2558)

RELATING TO CRIMES AGAINST MINORS.

Add electronic enticement of a child to the list of class C felonies subject to repeat offender sentencing. Mandates at least 1 year incarceration for defendants convicted of promoting child abuse or convicted of electronic enticement of a child. Eliminates the possibility of a deferred plea for those who enter a plea to the crime of promoting child abuse or the crime of electronic enticement of a child. Adds a new misdemeanor of electronic enticement of a child in the third degree. (SD1)

JUD

SB 2433

SD2

(SSCR2719)

MAKING APPROPRIATIONS FOR CAREER CRIMINAL PROSECUTION UNITS AND VICTIM WITNESS ASSISTANCE PROGRAMS.

Appropriates funds for a grant-in-aid to the Prosecuting Attorney's office of each county for the career criminal prosecution units and the victim witness assistance programs. (SD2)

JUD, FIN

SB 2148

SD1

(SSCR2543)

PROPOSING AMENDMENTS TO THE HAWAII CONSTITUTION RELATING TO THE ATTORNEY GENERAL.

Proposes a new section to article V of the Hawaii constitution to provide for the election of the attorney general; amends article III, section 19 of the Hawaii constitution to allow for impeachment of the attorney general; makes conforming amendment to article V, section 6 of the Hawaii Constitution relating to removal of attorney general with the advice and consent of the senate. (SD1)

JUD, FIN

SB 2260

SD1

(SSCR2557)

RELATING TO SENTENCING.

Provides for a mandatory sentence of 30 years to life for habitual violent felons. (SD1)

JUD

SB 995

SD1

(SSCR841)

PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII CONSTITUTION TO REMOVE THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES.

Proposes a constitutional amendment to repeal the mandatory retirement age of 70 for state justices and judges. (SD1)

JUD, FIN

SB 2591

(SSCR2245)

RELATING TO APPEALS.

Eliminates the requirement for a motion for reconsideration from the appellate process for child protective cases.

JUD

SB 2593

(SSCR2725)

RELATING TO COURT FEES.

Exempts court proceedings under the Child Protective Act from court fees.

JUD, FIN

SB 2597

(SSCR2247)

RELATING TO APPELLATE JURISDICTION.

Clarifies the intermediate appellate court's jurisdiction over appeals from any court or agency when appeals are allowed by law. Authorizes the ICA to issue any necessary or appropriate order or writ.

JUD

SB 2598

(SSCR2726)

RELATING TO FEES FOR ELECTRONIC FILING, SIGNING, SERVING, CERTIFICATION, AND VERIFICATION OF COURT DOCUMENTS.

Extends sunset date for deposits of fees for electronic filing, signing, serving, certification, and verification of court documents into judiciary computer system special fund from 6/30/07 to 12/31/08.

JUD, FIN

SB 2599

(SSCR2248)

RELATING TO APPEALS.

Establishes intermediate court of appeals' jurisdiction in appellate cases related to geothermal resource subzone designations, income taxes, access to correctional facilities and records, and barbering and cosmetology licensure. Clarifies the requirement for payment of appellate filing fees.

JUD

SB 2600

SD1

(SSCR2549)

RELATING TO ELECTRONIC COURT RECORDS, DOCUMENTS, PROCESSES, AND CERTIFICATES.

Clarifies that court process records or documents may be created, retained and stored electronically and converted to electronic form; clarifies the requirements for court seals; and allows court documents and records to be electronically signed and sealed. (SD1)

JUD, FIN

SB 2601

(SSCR2249)

RELATING TO DOCUMENTS SEALED UPON FILING.

Requires certain documents to be sealed upon filing in any action or proceeding in the circuit court having jurisdiction in matters relating to the affairs of decedents. Effective 01/01/07.

JUD

SB 2602

SD1

(SSCR2250)

RELATING TO ADULT PROBATION RECORDS.

Adds persons and entities that are allowed access to adult probation records. Restricts victim's access to adult probation records to the name and contact information of the defendant's adult probation officer. (SD1)

JUD

SB 2603

SD1

(SSCR2564)

RELATING TO MOTOR VEHICLE INSURANCE.

Specifies that the violation of not having a valid motor vehicle insurance policy is not a "traffic infraction" as defined in chapter 291D in order to allow district court judges to consider a first offense for purposes of finding multiple convictions. (SD1)

JUD

SB 2604

(SSCR2251)

RELATING TO INTERMEDIATE APPELLATE COURT PANELS.

Removes chief judge's discretion in assignment of judges to intermediate appellate court's three-judge panels.

JUD

SB 2606

(SSCR2727)

RELATING TO BAIL.

Deposits unclaimed bail money to the director of finance of the State.

JUD, FIN

SB 2607

SD1

(SSCR2252)

RELATING TO TRANSFER OF APPEALS.

Authorizes the supreme court to entertain an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court; specifies grounds for transfer. (SD1)

JUD

SB 2608

(SSCR2253)

RELATING TO GUARDIAN AND PROTECTIVE PROCEEDINGS.

Clarifies that provisions of Act 161, SLH 2004, relating to guardianship and protective proceedings, do not affect actions brought or rights accrued prior to January 1, 2005.

JUD

SB 2609

SD1

(SSCR2254)

RELATING TO WRIT OF CERTIORARI.

Clarifies the required grounds for an application for a writ of certiorari and the requirements for timely filing. (SD1)

JUD

Decision making to follow.

 

COMMITTEE ON INTERNATIONAL AFFAIRS AND COMMITTEE ON ECONOMIC DEVELOPMENT & BUSINESS CONCERNS

Friday, March 17, 2006

9:00 a.m.

Conference Room 329; State Capitol

AGENDA:

SB 3192

SD1

(SSCR2815)

RELATING TO SISTER STATE AND PROVINCE RELATIONSHIPS.

Statutorily establishes a Hawaii sister state committee to recommend sister state or province relationships for the legislature's action. (SD1)

INT/EDB, FIN

SB 2036

SD1

(SSCR2704)

MAKING AN APPROPRIATION FOR AN INTERNATIONAL BUSINESS AND TECHNOLOGY INCUBATOR.

Appropriates funds to create an international business and technology incubator program in Hawaii. (SD1)

EDB/INT, FIN

Decision making to follow.

 

COMMITTEE ON LABOR & PUBLIC EMPLOYMENT

Friday, March 17, 2006

9:00 a.m.

Conference Room 309; State Capitol

AGENDA:

SB 3009

SD2

(SSCR2857)

RELATING TO CIVIL SERVICE EXEMPT EMPLOYEES.

Changes the status of statutorily exempt positions to conform with the annual review of these positions under Act 253, SLH 2000. (SD2)

LAB, FIN

SB 3011

SD1

(SSCR2858)

RELATING TO CIVIL SERVICE LAW.

Requires public employees with satisfactory performance in public service that is reasonably related to a vacant civil service position to be considered first in filling that vacancy. (SD1)

LAB, FIN

SB 3008

(SSCR2630)

RELATING TO PUBLIC WORK PROJECTS.

Clarifies that a single violation refers to each separate project where DLIR finds a contractor has failed to comply with chapter 104.

LAB

SB 2898

SD2, HD1

(HSCR955-06)

RELATING TO PROCUREMENT.

Establishes a chief procurement officer position for Hawaii health systems corporation. (HD1)

HLT, LAB, FIN

SB 87

SD2

(SSCR2843)

RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT.

Creates a collective bargaining unit for substitute teachers of the department of education, including part-time substitute teachers working less than one-half of a full-time equivalent, but gives them the option of joining an appropriate and existing bargaining unit. (SD2)

LAB, EDN, JUD, FIN

Decision making to follow.

COMMITTEE ON WATER, LAND, & OCEAN RESOURCES

Friday, March 17, 2006

Conference Room 312; State Capitol

9:01 a.m. AGENDA:

WLO only:

SB 2006

SD3

(SSCR2582)

PROHIBITING SALES OF OPIHI. Prohibits the selling of `opihi; creates an exception for a resident of any populated island that is privately owned and has a population of five hundred or less. (SD3)

WLO, JUD

SB 3037

SD2

(SSCR2833)

RELATING TO RELIEF OF MANOA FLOOD VICTIMS. Provides a one-time nonrefundable tax credit to victims of the Manoa flood of October 2004. (SD2)

WLO, FIN

Decision making to follow.

 

9:15 a.m. AGENDA:

PROPOSED HD1 LANGUAGE FOR SB2090 SD2 ARE AVAILABLE IN ROOM 432.

WLO/LMG only:

SB 2090

SD2

(SSCR2816)

PROPOSED HD1

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

Requires the authority to post public notice of its proceedings and its meeting minutes on the authority's website. (SD2)

WLO/LMG, FIN

Decision making to follow.

 

9:30 a.m. AGENDA:

WLO only:

SB 2737

SD1

(SSCR2645)

RELATING TO MARINE INVERTEBRATES.

Prohibits the taking or killing of female ula (spiny lobster), Kona crabs, and Samoan crabs. (SD1)

WLO, JUD

SB 3147

SD1

(SSCR2841)

MAKING AN APPROPRIATION FOR THE PURCHASE OF WAIMEA VALLEY, OAHU.

Makes an appropriation for the purchase of Waimea valley, Oahu. (SD1)

WLO, FIN

SB 2635

SD1

(SSCR2669)

RELATING TO PUBLIC ACCESS.

Clarifies that obstructions to the sea or to or along the shoreline or inland public recreational areas or government roads are prohibited. Clarifies that inland public recreational areas include public trails. Requires that agencies protect public rights-of-way to coastal or inland recreational areas. (SD1)

WLO, JUD

SB 2487

(SSCR2621)

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

Adds 2 more members to the governing body of the Hawaii community development authority. Requires the governor to appoint 2 nominees, 1 from a list of nominees provided by the senate president, and 1 from a list of nominees provided by the speaker of the house of representatives.

WLO, FIN

SB 2687

(SSCR2580)

RELATING TO CRIMINAL TRESPASS.

Repeals petty misdemeanor offense of criminal trespass onto public parks and recreational grounds.

WLO, JUD

Decision making only (heard on March 13, 2006):

SB 3191

SD1

(SSCR2595)

RELATING TO EMINENT DOMAIN.

Prohibits use of power of eminent domain to take and transfer private property to a private entity that had an expressed interest in purchasing the same property for development purposes or other private use. (SD1)

WLO, JUD, FIN

SB 2986

SD2

(SSCR2627)

RELATING TO EMINENT DOMAIN.

Provides regulations for property taken by eminent domain. (SD2)

WLO, JUD

Decision making to follow.

 

 

10:45 a.m. AGENDA:

WLO/EEP only:

SB 2575

SD2

(SSCR2829)

MAKING AN APPROPRIATION FOR A BASELINE ENVIRONMENTAL STUDY OF THE WAIANAE COAST OCEAN AREA.

Appropriates funds for a baseline environmental study of the Waianae Coast ocean area in accordance with Act 6, Special Session Laws of Hawaii 2005. (SD2)

WLO/EEP, FIN

Decision making to follow.

 

COMMITTEE ON TOURISM & CULTURE

Friday, March 17, 2006

9:30 a.m.

Conference Room 325; State Capitol

AGENDA:

SB 2813

SD1

(SSCR2710)

RELATING TO THE STATE OF HAWAII ENDOWMENT FUND.

Appropriates matching funds to the State of Hawaii endowment fund. Amends section 40-88(a), HRS (State of Hawaii endowment fund), to reflect the increased capital contribution by the State. (SD1)

TAC, FIN

HCR 42

REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF MIXED MARTIAL ARTS.

TAC, FIN/LMG

HCR 50

REQUESTING THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM TO OFFER MISS HAWAII A CONTRACT FOR SERVING AS THE OFFICIAL HONORARY HOSTESS OF THE STATE OF HAWAII IN PROMOTING HAWAII'S PRODUCTS TO THE WORLD.

TAC

Decision making to follow.