COMMITTEE ON JUDICIARY

Tuesday, March 18, 2003

Conference Room 325; State Capitol

2:00 p.m. AGENDA:

SB 1319

SD1

(SSCR587)

RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT.

Replaces Uniform Limited Partnership Act with modified version of 2001 Revised Uniform Limited Partnership Act. Makes conforming amendments to related statutory provisions.

CPC, JUD, FIN

SB 843

SD1, HD1

(HSCR903)

(Pending Referral)

RELATING TO CONSERVATION OF AQUATIC LIFE, WILDLIFE, AND LAND PLANTS.

Allows state and county agencies to enter into habitat conservation plans and safe harbor agreements. Requires legislative approval of certain plans and agreements.

WLH/EEP, JUD, FIN

SB 857

SD2

(SSCR663)

(Pending Referral)

RELATING TO ALIEN INVASIVE SPECIES.

Establishes the Hawaii invasive species council to perform certain functions to eradicate invasive species in Hawaii.

EEP/WLH, JUD, FIN

SB 1593

SD1, HD1

(HSCR897)

(Pending Referrral)

RELATING TO ENVIRONMENTAL JUSTICE.

Requires the disclosure and proposed mitigation of environmental justice impacts in environmental impact statements. Creates a working group.

EEP, JUD, FIN

SB 41

(SSCR654)

(Pending Referral)

RELATING TO PUBLIC CONTRACTS.

Requires public access to, and disclosure of, all subcontracts and partnership agreements entered into by a contractor using public funds. Applies chapter 103D public access laws to Hawaii Tourism Authority, despite the fact that HTA is otherwise exempt from the state procurement laws.

TAC, JUD, FIN

SB 1560

(SSCR999)

(Pending Referral)

RELATING TO PROPERTY LEFT IN A DANGEROUS CONDITION.

Authorizes counties to condemn and demolish abandoned facilities that have been damaged due to a natural disaster; establishes civil penalties for property owners whose property sits in a damaged and dangerous condition and who fail to make reasonable efforts at remediation.

WLH, JUD, FIN

SB 975

(SSCR877)

(Pending Referral)

RELATING TO GOVERNMENT.

Establishes limited immunity for the State and counties from tort liability arising out of hazardous recreational activities.

TAC, JUD, FIN

Decision making to follow.

 

2:30 p.m. AGENDA:

SB 1603

SD1

(SSCR984)

RELATING TO ELECTION OFFENSES.

Provides civil penalties for violations of rules adopted by the chief election officer. Authorizes the attorney general to prosecute violations of election law upon written request from the chief election officer.

JUD

SB 1449

SD1

(SSCR617)

RELATING TO PUBLIC MEETINGS.

Requires that notices of meetings by videoconference shall specify that testimony by videoconference format will be available and the arrangements required. Allows meetings to continue if all remote sites can establish teleconferencing in the event videoconference transmission is interrupted.

JUD, FIN

SB 1131

(SSCR598)

RELATING TO TRAFFIC INFRACTIONS.

Repeals the requirement that an envelope directed to the traffic violations bureau of a district court for the purpose of answering a notice of traffic infraction include prepaid postage.

JUD, FIN

SB 1132

SD1

(SSCR638)

RELATING TO FAMILY COURTS.

Clarifies that judiciary may contract for professional services for counsel and guardian ad litem, pursuant to chapter 103D, limits compensation to fee schedule.

JUD, FIN

SB 1107

SD1

(SSCR637)

RELATING TO CHAPTER 711, HAWAII REVISED STATUTES.

Redefines the offense of disorderly conduct. Expands scope of violation of privacy to include recording or broadcasting a person's intimate area underneath clothing while in a public place, without that person's consent.

JUD

SB 368

(SSCR591)

RELATING TO CRIMINAL PROPERTY DAMAGE.

Includes knowingly as a state of mind requirement for the offenses of criminal property damage in the first and second degrees.

JUD

SB 658

SD1

(SSCR630)

(Pending referral)

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

Authorizes nonreligious hospitals to provide emergency contraception to sexual assault survivors.

HLT, JUD, FIN

SB 830

SD1

(SSCR596)

(Pending referral)

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.

LAB, JUD, FIN

SB 1352

SD1

(SSCR849)

(Pending Referral)

RELATING TO HOME AND COMMUNITY-BASED SERVICES.

Extends the statutory authority for the licensing of community-based case management agencies and the certification of community care foster family homes until June 30, 2005; appropriates $65,000 for fiscal year 2003-2004, and $65,000 for fiscal year 2004-2005, for licensing and certification.

HSH, JUD, FIN

Decision making to follow.

 

 

Decision making only:

SB 635

SD2

(SSCR699)

RELATING TO TRAFFIC FINES.

Establishes a problem solving courts special fund for various treatment programs as directed by the chief justice of the judiciary. Directs $_____ in fiscal years 2003-2004 and 2004-2005 from uncontested fines, forfeitures, assessments, and penalties for traffic infractions to the judiciary computer system special fund, and deposits the excess uncontested fines, forfeitures, assessments, and penalties for traffic infractions, grants, donations, and other funding sources into the problem solving courts special fund.

JUD, FIN

SB 1275

(SSCR979)

RELATING TO ASSAULT AGAINST LAW ENFORCEMENT OFFICERS.

Makes the offense of assaults against law enforcement officers engaged in the performance of duty a class C felony.

JUD

SB 935

(SSCR27)

RELATING TO ORDERS FOR PROTECTION.

Eliminates distinction between non-domestic abuse and domestic abuse for purposes of sentencing persons convicted for violating an order for protection.

JUD

SB 933

SD1

(SSCR25)

RELATING TO STALKING.

Clarifies that stalking involves engaging in more than one occurrence of a course of conduct that is without legitimate purpose. Defines "course of conduct." Repeals the distinction of petty misdemeanor for a single occurrence of a prohibited conduct. Replaces violations of court orders in the aggravated harassment by stalking statute with previous convictions of harassment by stalking within a ten year period.

JUD

 

COMMITTEE ON LEGISLATIVE MANAGEMENT

Tuesday, March 18, 2003

2:00 p.m.

Conference Room 423; State Capitol

AGENDA:

SB 296

SD1

(SSCR883)

RELATING TO ETHICS.

Provides for mandatory ethics training for legislators, elected members of the board of education, executive department heads and deputies, and trustees of the office of Hawaiian affairs.

LMG, JUD

SB 427

SD1

(SSCR790)

RELATING TO GOVERNMENT RECORDS.

Requires agencies to provide electronic copies of government records; allows agencies to charge not more than 25 cents per page for paper copies of records not exceeding 8.5 by 14 inches; allows agencies to provide read only remote access to government records.

LMG, JUD, FIN

SB 474

SD2

(SSCR695)

RELATING TO THE AUDITOR.

Designates the auditor as authorized representative of the department of education and department of health for purposes of accessing student records.

LMG, JUD

SB 489

(SSCR793)

RELATING TO THE PUBLIC UTILITIES COMMISSION.

Requires the Auditor to conduct a management audit of the public utilities commission and submit report to legislature and governor before convening of regular session of 2004.

LMG, CPC/EEP, FIN

SB 880

(SSCR897)

RELATING TO THE LEGISLATURE.

Transfers state capitol tour service from the Office of the Governor to the Legislature; appropriates funds.

LMG, FIN

 

SB 1606

SD1

(SSCR1000)

RELATING TO LEGISLATIVE ETHICS.

Establishes conflict-of-interest violations for legislators; establishes legislative ethics committee in each house; expands financial disclosure requirements for legislators; and requires disclosures of fundraising activity by legislators thirty days prior to and during all legislative sessions.

LMG, JUD

Decision making to follow.

 

COMMITTEE ON HIGHER EDUCATION AND COMMITTEE ON HEALTH

Tuesday, March 18, 2003

3:15 p.m.

Conference Room 309; State Capitol

AGENDA:

SB 402

SD2

(SSCR681)

RELATING TO MEDICAL EDUCATION.

Establishes the Hawaii Medical Education Council to coordinate and govern graduate medical education in the State.

HED/HLT, FIN

Decision making to follow.

 

HOUSE COMMITTEE ON HIGHER EDUCATION AND HOUSE COMMITTEE ON HEALTH AND SENATE COMMITTEE ON EDUCATION

Tuesday, March 18, 2003

3:30 p.m.

Conference Room 309; State Capitol

AGENDA:

THE STATE AUDITOR AND THE UNIVERSITY OF HAWAII WILL PRESENT INFORMATION REGARDING THE FINANCIAL AUDIT OF THE JOHN A. BURNS SCHOOL OF MEDICINE OF THE UNIVERSITY OF HAWAII (DATED FEBRUARY, 2003). THE UNIVERSITY OF HAWAII WILL ALSO PRESENT A STATUS REPORT ON THE SCHOOL OF MEDICINE INCLUDING:

(1) THE CONSTRUCTION OF NEW FACILITIES IN KAKAAKO;

(2) THE FINANCIAL PLAN FOR THE SCHOOL OF MEDICINE;

(3) FUNDRAISING FOR THE SCHOOL OF MEDICINE; AND

(4) ANY OTHER RELEVANT INFORMATION RELATING TO THE SCHOOL OF MEDICINE.

THE FOLLOWING HAVE BEEN INVITED:

MARION M. HIGA: STATE AUDITOR

EVAN S. DOBELLE: PRESIDENT, UNIVERSITY OF HAWAII

EDWIN C. CADMAN, MD: DEAN, JOHN A. BURNS SCHOOL OF MEDICINE

 

COMMITTEE ON WAR PREPAREDNESS

Tuesday, March 18, 2003

4:30 p.m.

Conference Room 329; State Capitol

AGENDA:

The purpose of this informational briefing will be to consider further recommendations by the Committee in light of the impending war in the Middle East.

 

 

COMMITTEE ON AGRICULTURE AND COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS AND COMMITTEE ON ENERGY AND ENVIRONMENTAL PROTECTION

Wednesday, March 19, 2003

8:30 a.m. to 11:30 a.m.

Conference Room 325; State Capitol

AGENDA:

AGR only:

SB 1255

SD2

(SSCR926)

RELATING TO AGRICULTURAL INSPECTIONS.

Amends the Marketing Order Revolving Fund by renaming it the Certification Services Revolving Fund. Transfers the unexpended balance of moneys from the Coffee Inspection Revolving Fund to the Certification Services Revolving Fund. Authorizes the Department to conduct audits and issue certificates for agricultural safety and security. Clarifies the responsibility for conducting seed certifications.

AGR, FIN

SB 542

SD1

(SSCR780)

RELATING TO ORGANIC LABELING.

Prohibits the labeling of agricultural products as "organic" unless the method of production has been so certified. Requires certifying agents to register and be accredited by the USDA. Establishes administrative penalties.

AGR, CPC

SB 540

SD1

(SSCR711)

MAKING AN APPROPRIATION FOR AGRICULTURAL RESEARCH AND DEVELOPMENT.

Makes a grant-in-aid for fiscal years 2003-2004 and 2004-2005 to the Hawaii Farm Bureau Federation for agricultural research and market development. Appropriates funds for pineapple research.

AGR, FIN

SB 550

SD1

(SSCR613)

RELATING TO AGRICULTURAL COMMODITIES.

Includes silvicultural products in the definition of agricultural products, and removes the monetary value and weight requirements that trigger the need for a certificate of ownership for the sale or resale of agricultural products.

AGR, JUD

SB 1432

SD2

(SSCR929)

RELATING TO DIVERSIFIED AGRICULTURE.

Appropriates funds for the reopening of the Kauai Tropical Fruit disinfestation facility and an incubator community kitchen.

AGR, FIN

Decision making to follow.

 

AGR/EEP only:

SB 554

(SSCR268)

RELATING TO BROWN TREE SNAKES.

Allows the Department of Agriculture to bring 4 live, sterile brown tree snakes into the State for the purposes of research and training of snake detector dogs.

EEP/AGR

 

SB 1505

SD1

(SSCR641)

RELATING TO INVASIVE SPECIES.

Provides statutory authority for the Hawaii invasive species council to deal with the invasive species problem as authorized by executive order 2002-03.

EEP/AGR, FIN

Decision making to follow.

 

AGR/WLH only:

SB 538

SD1

(SSCR601)

RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION.

Provides that when public lands required for the purposes of the Agribusiness Development Corporation (ADC) are transferred to ADC, ADC is not subject to the Procurement Code, the chapter on Public Lands, Management and Disposition, and similar laws that would otherwise apply to a state agency with respect to the lands.

AGR/WLH, FIN

SB 1034

SD1

(SSCR925)

RELATING TO AGRICULTURAL LANDS.

Transfers the disposition of some public lands within an agricultural district from the department of land and natural resources to the department of agriculture.

AGR/WLH, FIN

SB 255

SD2

(SSCR772)

RELATING TO AGRICULTURE.

Prevents private restrictions that are not for protecting environmental and cultural resources from being placed on agricultural lands.

 

SB 1256

(SSCR269)

RELATING TO THE AGRICULTURAL WATER USE AND DEVELOPMENT PLAN.

Extends the time specified for the development of the state agricultural water use plan.

WLH/AGR, FIN

SB 1257

(SSCR927)

RELATING TO THE IRRIGATION WATER DEVELOPMENT SPECIAL FUND.

Eliminates the irrigation water development special fund.

WLH/AGR, FIN

Decision making to follow.

 

 

COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS

Wednesday, March 19, 2003

8:30 a.m.

Conference Room 423; State Capitol

AGENDA:

SB 1040 SD1

(SCRN 774)

RELATING TO TRANSIENT ACCOMMODATIONS TAX- Provides the TAT revenues for the Hawaii Statewide Trail and Access Program be deposited into the Special Land and Development

Fund. Removes the ceiling on the amount of funds that may be dedicated to trails and trail access under the jurisdiction of DLNR.

WLH, FIN

Decision making to follow.

 

COMMITTEE ON TRANSPORTATION

Wednesday, March 19, 2003

9:00 a.m.

Conference Room 309; State Capitol

AGENDA:

SB 85

(SSCR775)

RELATING TO TRANSPORTATION.

Authorizes vehicle forfeiture for street racing offense committed within 5 years of a prior conviction. Clarifies that forfeiture applies to vehicles owned by drivers' parents, where drivers are minors.

TRN, JUD

SB 91

SD2

(SSCR776)

RELATING TO HIGHWAYS.

Authorizes department of transportation to remove obstructions that block or interfere with traffic or endanger public safety on state highways. Limits liability for damage to personal property.

TRN, JUD

SB 481

SD1

(SSCR968)

RELATING TO THE MOTOR VEHICLE RENTAL INDUSTRY.

Allows the payment or receipt of indirect commissions from the sale of collision damage waivers for rental vehicles.

TRN, CPC

SB 684

SD2

(SSCR893)

RELATING TO PARKING FOR PERSONS WITH DISABILITIES.

Amends various definitions within the Hawaii Revised Statutes relating to parking for persons with disabilities, to include "vascular" and extreme colitis as qualifying conditions, to include access aisles as part of parking spaces for persons with disabilities, authorizes replacement of stolen placards through the same procedure as replacement of lost or mutilated placards; clarifies that parking privileges for persons with disabilities apply to public spaces; lowers the penalty for failure to display the proper permit or identification card; and provides penalties for illegally parking in an access aisle adjacent to a parking space for a person with a disability.

TRN, JUD, FIN

SB 689

(SSCR645)

RELATING TO THE STATEWIDE TRAFFIC CODE.

Provides that golf carts shall not be driven at speeds over 15 mph or on a highway with speed limit of more than 20 mph; may be operated during certain hours, with exceptions, and only by licensed drivers or person sixteen years or older. Requires certain equipment. Applies only to an island with a population of less than 5,000 persons.

TRN, JUD

SB 1405

(SSCR647)

RELATING TO COMMERCIAL DRIVER LICENSING.

Authorizes the issuance of commercial driver licenses to eligible persons domiciled in Hawaii.

TRN, JUD

Decision making to follow.

 

 

COMMITTEE ON HUMAN SERVICES AND HOUSING AND COMMITTEE ON HEALTH

Wednesday, March 19, 2003

10:00 a.m.

Conference Room 329; State Capitol

AGENDA:

HSH only:

HCR 85

REQUESTING A PROGRAM AUDIT OF THE VARIOUS AGENCIES INVOLVED IN THE CHILD PROTECTIVE SERVICES SYSTEM.

HSH, FIN

Decision making to follow.

 

HSH/HLT only:

   

SCR 12

(SSCR1009)

REQUESTING THE ESTABLISHMENT OF A TASK FORCE ON GRADUATED PARENTING.

HSH/HLT, EDN, FIN

HCR 99/HR 89

REQUESTING THE DEPARTMENT OF HUMAN SERVICES AND HEALTH TO CONDUCT A JOINT FEASIBILITY STUDY ON THE RETURN OF UNUSED DRUGS BY NURSING HOMES FOR FUTURE DISPENSING TO INDIGENT PATIENTS.

HSH/HLT, CPC, FIN

Decision making to follow.