COMMITTEE ON JUDICIARY
Thursday, February 12, 2004
2:00 p.m.
Conference Room 325; State Capitol
AGENDA:
|
HB 2529 (HSCR28-04) |
RELATING TO HAZARDOUS LAND. Requires each county to identify hazardous land areas; adopt standards for building in hazardous land areas, and enact ordinances to implement standards. |
WLH, JUD, FIN |
|
HB 2530 (HSCR43-04) |
RELATING TO ZONING. Requires each county to enact zoning ordinances to protect against land slides and rock slides. |
WLH, JUD |
|
HB 2167 (HSCR48-04) |
RELATING TO PUBLIC ACCESS. Prohibits gated communities that deny public access to any coastal shoreline or mountain or inland areas used for recreational or cultural purposes. |
WLH, JUD |
|
HB 2937 |
RELATING TO PERMIT APPROVALS. Repeals automatic approvals of applications for business or development-related permits, licenses, or approvals. |
JUD, FIN |
|
HB 1783 |
RELATING TO RULEMAKING. Requires LRB to review all proposed rules and determine whether the rules are within the authority authorized. |
JUD, FIN |
|
HB 2378 |
RELATING TO THE SOVEREIGN IMMUNITY OF BOARDS AND COMMISSIONS. Specifies that all administratively attached boards and commissions are arms of the State of Hawaii and entitled to claim sovereign immunity to the same extent as the State itself. |
JUD |
|
HB 2717 |
RELATING TO LIENS. Clarifies that a lien for services in a personal injury case shall be established pursuant to a settlement or judgment for damages for personal injury. |
JUD |
|
HB 2786 |
RELATING TO ARBITRATION. Extends to suits in arbitration the situations in which a losing insurer must pay attorney's fees and costs to the prevailing insured or other party. |
JUD |
|
HB 2380 |
RELATING TO APPELLATE JURISDICTION. Authorizes immediate appeals from certain orders regarding injunctions and from denials of sovereign, absolute, or qualified immunity. |
JUD |
|
HB 2379 |
RELATING TO TESTIMONY. Revises appropriate provisions relating to the admissibility of reliable, trustworthy, and relevant lay and expert testimony in a judicial proceeding. |
JUD |
|
HB 2387 |
RELATING TO THE HAWAII RULES OF EVIDENCE. Allows individuals, corporations, and government entities to offer apologies or other expressions of sympathy without fear of such gestures being used against them to establish civil liability. |
JUD |
|
HB 2381 |
RELATING TO THE STATE TORT LIABILITY ACT. Reiterates the underlying intent of the discretionary function exception and the intentional tort exception to the State's waiver of sovereign immunity for the torts of its employees. Declares that all of the exceptions to the State's waiver of sovereign immunity are to be broadly construed in the State's favor. |
JUD, FIN |
Decision making to follow.
Decision making only (heard on February 5, 2004):
|
HB 2300 |
RELATING TO THE JUDICIARY. Provides the Judiciary supplemental budget for the 2003-2005 biennium. |
JUD, FIN |
|
HB 2301 |
RELATING TO APPELLATE JURISDICTION. Amends appellate jurisdiction of the supreme court and the intermediate appellate court changing the supreme court's jurisdiction to appeals by writ of certiorari or transfer from the intermediate appellate court. Repeals criteria for assigning appeals. Requires most appeals to be filed with the intermediate appellate court instead of the supreme court. |
JUD |
|
HB 2295 |
RELATING TO COLLECTIONS ON DELINQUENT COURT-ORDERED PAYMENTS. Authorizes the judiciary to contract with a bonded collection agency to collect delinquent court-ordered payments; allows collection costs not to exceed 20% to be added to the amount due. |
JUD, FIN |
|
HB 1773 |
RELATING TO GARNISHMENT. Authorizes an employer to retain an administrative fee of $2 from each payment delivered to plaintiff to satisfy the judgment. |
JUD |
|
HB 1781 |
RELATING TO ATTORNEY'S LIENS. Prevents the double taxation of income by providing an attorney a superior lien on judgments, decrees, orders, and awards entered in the client's favor. |
JUD, FIN |
|
HB 2297 |
RELATING TO GUARDIANSHIP AND PROTECTIVE PROCEEDINGS. Replaces existing provisions in Probate Code relating to guardianship of the persons and property of minors and incapacitated persons with the Uniform Guardianship and Protective Proceedings Act. |
JUD |
|
HB 1765 |
RELATING TO GOVERNMENT BOARDS, COMMISSIONS, AND AGENCIES. Provides for the expiration of the term of a member of a government board, commission, or any agency who failed to attend two consecutive meetings where the board was not able to constitute quorum because of the absence of the member.
|
JUD |
|
Decision making only (heard on February 6, 2004): |
||
|
HB 2196 |
RELATING TO CRIMINAL TRESPASS. Defines criminal trespass to include entering or remaining on residential property after a request to leave by the owner or lawful occupant of the property. |
JUD |
|
HB 2019 |
RELATING TO SOCIAL SECURITY NUMBERS. Prohibits counties and county liquor commissions from issuing identification cards with the cardholder's or applicant's social security number on the card. |
JUD |
|
HB 2514 |
RELATING TO TAX ADMINISTRATION. Allows the Department of Taxation to impose civil penalties and injunctions on tax return preparers who support unrealistic positions on tax returns and on promoters of abusive tax shelters.
|
JUD, FIN |
|
Decision making only (heard on February 7, 2004): |
||
|
HB 2003 |
RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES. Adds and amends various laws relating to criminal conduct for drug related offenses, amends laws relating to arrest and search warrants for drug offenses, amends laws relating to first time nonviolent drug offender diversion to substance abuse treatment, adds tort liability for drug dealers, adds new laws relating to employer sponsored substance abuse treatment and prevention programs and employer reimbursement for substance abuse treatment, amends the zero tolerance rule for public school students who are charged with drug offenses, amends existing law to provide parity in health insurance benefits for crystal methamphetamine addiction, amends the duties of the Office of Community Services to include coordination of the drug abatement efforts between public, private and community organizations, adds new law on civil commitment for substance abuse outpatient treatment, adds new laws to facilitate the development of drug rehabilitation homes for recovering addicts, and adds responsibility for methamphetamine removal to the responsibilities of the department of health. |
JUD |
COMMITTEE ON LEGISLATIVE MANAGEMENT
Thursday, February 12, 2004
2:00 p.m.
Conference Room 423; State Capitol
AGENDA:
|
HB 2158 |
RELATING TO FINANCIAL DISCLOSURE STATEMENTS. Deletes the in-state limitation for financial disclosures in section 84-17, Hawaii Revised Statutes. |
LMG, JUD |
|
HB 2268 |
RELATING TO CAMPAIGN SOLICITATIONS IN STATE OFFICES OR BUILDINGS. Prohibits campaign solicitations in state offices or buildings. |
LMG, JUD |
|
HB 2738 |
RELATING TO PUBLIC AGENCIES AND BOARDS. Makes boards established by an official government document subject to the open meetings law; requires actions taken in executive meetings be announced in public; allows legislative chairs to attend executive meetings of boards within their jurisdiction; authorizes the office of information practices to enforce the open meetings law. |
LMG, JUD |
|
HB 2980 |
RELATING TO BOARDS AND COMMISSIONS. Reserves to the legislature the authority to enact alternative nomination and appointment procedures for board and commission members. |
LMG, JUD |
Decision making to follow.
COMMITTEE ON WATER, LAND USE & HAWAIIAN AFFAIRS AND COMMITTEE ON AGRICULTURE
Friday, February 13, 2004
8:30 a.m.
Conference Room 325; State Capitol
AGENDA:
|
HB 2394 |
RELATING TO THE MAINTENANCE OF PROPERTIES WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT. Clarifies the responsibility of the Hawaii Community Development Authority to act as an ombudsman for issues of concern within the Kalaeloa Community Development District. |
WLH, FIN |
Decision making to follow.
*Copies of PROPOSED HB 2800 HD 1, are available in Room 405.
|
PROPOSED HB 2800 HD 1 |
RELATING TO IMPORTANT AGRICULTURAL LANDS. Provides a process to identify and preserve important agricultural lands in the State. |
WLH/AGR, FIN |
Decision making only:
|
HB 2818 |
RELATING TO HAWAII HOUSING AND CONSERVATION TRUST FUND. Establishes a Hawaii Housing and Conservation Trust Fund to finance affordable housing and conserve and protect important agricultural lands and historic properties. |
WLH/AGR, HSH, FIN |
|
HB 2166 |
RELATING TO LAND USE COMMISSION. Establishes a presumption that a dwelling is not a farm dwelling if certain nonagricultural features in a subdivision or development are determined to be present. |
WLH/AGR
|
|
HB 2339 |
RELATING TO LAND USE. Sets forth standards and criteria for the identification of important agricultural lands. Allows the counties to study, determine, and recommend to the Land Use Commission lands which should be designated as important agricultural lands. Authorizes the Commission to identify and designate important agricultural lands. |
WLH/AGR, FIN |
|
HB 2656 |
RELATING TO IMPORTANT AGRICULTURAL LANDS. Sets forth policies and procedures for identifying and managing important agricultural lands and directs the agribusiness development corporation to convene a task force to develop incentives for important agricultural lands. |
WLH/AGR, FIN |
|
HB 2787 |
RELATING TO LAND USE. Establishes standards and criteria and process for identification of important agricultural lands, focusing on the ALISH classification system adopted by the board of agriculture in 1977. Establishes policies for lands so identified. Provides for periodic review of lands classified as important agricultural lands. Amends the permissible uses within the rural land use district. |
WLH/AGR, FIN |
|
HB 2271 |
RELATING TO LAND USE. Establishes standards, criteria, and process for identification of important agricultural lands. Provides a one-time process to reclassify lands of low agricultural resource value to the rural land use district. Amends the permissible uses within the rural land use district. |
AGR/WLH, FIN |
|
HB 1956 |
RELATING TO AGRICULTURAL LAND PRESERVATION. Designates and protects important agricultural lands. Combines and redesignates "urban" and "rural" land use classifications as "other lands". |
AGR/WLH, FIN |
|
HB 2183 |
RELATING TO ZONING. Requires counties to coordinate passage of land use and zoning ordinances and change in zoning applications with Land Use Commission. |
WLH, FIN |
COMMITTEE ON HUMAN SERVICES AND HOUSING AND COMMITTEE ON HEALTH
Friday, February 13, 2004
9:00 a.m.
Conference Room 329; State Capitol
AGENDA:
|
HB 1860 |
RELATING TO CHILD ABUSE AND NEGLECT. Authorizes an income tax return check-off with funds going into the Hawaii children's trust fund, domestic violence prevention special fund, and spouse and child abuse special accounts. |
HSH, FIN |
|
HB 1861 |
RELATING TO CHILD ENDANGERMENT. Establishes the offense of endangering the welfare of a child in a motor vehicle. |
HSH, JUD |
|
HB 2599 |
RELATING TO TORT ACTIONS. Provides immunity from liability from personal injury suit brought by biological parents of a medically fragile child against foster parents who care for that child. |
HSH, JUD |
|
HB 2602 |
RELATING TO PUBLIC ASSISTANCE. Authorizes general assistance benefits for nondisabled employed persons for maximum twelve-month period. Disallows benefits for thirty-six month period thereafter, except in cases of emergency. |
HSH, FIN |
|
HB 2605 |
MAKING AN APPROPRIATION FOR THE BLUEPRINT FOR CHANGE. Appropriates funding through the department of human services for the Blueprint for Change. |
HSH, FIN |
|
HB 2318 |
RELATING TO DEPENDENT ADULT PROTECTIVE SERVICES. Amends the definition of "abuse" of dependent adults to require a higher standard that includes gross neglect, grossly negligent treatment, or wanton acts or omission. |
HSH, JUD |
|
HB 2692 |
RELATING TO CONDOMINIUMS AND COOPERATIVE HOUSING CORPORATIONS. Gives co-owner or co-lessor right of first refusal if another co-owner or co-lessor wants to sell lease fee interest. |
HSH, CPC/JUD |
|
Decision making to follow.
|
||
|
Decision making only on HB 2135: |
||
|
HB 2135 |
RELATING TO ELDERLY HOUSING. Amends the Hawaii Revised Statutes relating to elderly housing.
|
HSH |
|
HSH/HLT only: |
||
|
HB 1868 |
RELATING TO CAREGIVER CONSENT. Authorizes a minor's caregiver to consent to health care services for the minor. Establishes requirements for caregiver consent affidavit. |
HSH/HLT, JUD |
|
HB 2600 |
MAKING AN APPROPRIATION FOR QUEST AND MEDICAID COVERAGE FOR MICRONESIANS RESIDING IN HAWAII. Appropriates funds for QUEST and Medicaid coverage for Micronesians residing in Hawaii. |
HSH/HLT, FIN |
|
HB 2603 |
RELATING TO HAWAII QUEST. Expands coverages under Hawaii QUEST program by eliminating enrollment caps, increasing the medical assistance standard as a percentage of the federal poverty level, and covering adult dental services; expands coverages under QUEST Net program by providing eligibility without regard to prior enrollment in QUEST related programs, and covering dental and prescription drugs. |
HSH/HLT, FIN |
|
HB 2616 |
RELATING TO HUMAN SERVICES. Requires Med Quest and medicaid coverage for chiropractic care. |
HSH/HLT, FIN |
Decision making to follow.
COMMITTEE ON LABOR AND PUBLIC EMPLOYMENT
Friday, February 13, 2004
Conference Room 309; State Capitol
9:00 a.m. AGENDA:
|
HB 2466 |
MAKING AN EMERGENCY APPROPRIATION FOR THE STATE WORKERS' COMPENSATION PROGRAM. Appropriates additional emergency funds ($4,993,726) for the state workers' compensation program, for FY 2003-2004. |
LAB, FIN |
|
HB 2336 |
RELATING TO PUBLIC AGENCY MEETINGS. Allows boards and commissions to conduct on-site inspections of locations which relate to a matter under a board's supervision, control, jurisdiction, or advisory power subject to the OIP Director. |
LAB, JUD |
|
HB1791 HD1 |
RELATING TO LABOR Authorizes the use of Temporary Disability Insurance benefit for family leave purposes.
|
LAB, FIN |
|
HB1792 HD1 |
RELATING TO LABOR. Conforms state statutory provisions to the Temporary Extended Unemployment Compensation Act of 2002. Eliminates the fund restriction to UI administrative uses only, so that monies can also be used for other purposes. Directs the Department of Labor and Industrial Relations to utilize $1,473,900 in federal Reed Act funds for unemployment compensation (LBR171) and to utilize $1,473,900 in other federal funds to supplant general fund appropriations in the same amount for general administration (LBR902) for fiscal year 2003-2004. (HB1792 HD1) |
LAB, FIN |
|
HB 2133 |
RELATING TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT. Creates a collective bargaining unit for substitute teachers of the DOE, including part-time employees working less than one-half of a full-time equivalent. |
LAB, FIN |
Decision making to follow.
9:30 a.m. AGENDA:
Decision making only (heard on February 10, 2004):
|
HB 2326 |
RELATING TO FAIRNESS IN COLLECTIVE BARGAINING. Limits any arbitration award t no more than 1 1/2% across the board per fiscal year. The limitation does not apply to bargaining units (9), (11), (12) and any other unit with a membership consisting entirely of individuals that perform a law enforcement function. |
LAB, FIN |
|
HB 2328 |
RELATING TO BINDING ARBITRATION. Revise factors that an arbitration panel must consider in public employee binding arbitration decisions. Specifically, the following new factors must be considered: (1) the impact of the additional potential costs if the cost item was applied to all other bargaining units; (2) the employer's ability to fund the cost item is based on applicable constitutional, statutory, and county ordinance provisions; and (3) a comparison of wages, hours conditions of employment and overall compensation of private sector employees in the State. |
LAB, FIN |
|
HB 2462 |
RELATING TO PUBLIC EMPLOYEES. Eliminates temporary civil service membership. |
LAB, FIN |
|
HB 2467 |
RELATING TO SALARIES. Adjusts the salaries of certain positions in the following departments or agencies: the Hawaii Labor Relations Board, the Stadium Authority, the House & Community Development Corporation of Hawaii, the PUC, the Office of Solid Waste Management, the Executive Office on Aging, the Hawaii Paroling Authority, the Office of Veterans' Services, the Labor & Industrial Relations Appeals Board, the Office of Community Services, and the Office of the State Public Defender. |
LAB, FIN |
|
HB 2741 |
RELATING TO EXECUTIVE DEPARTMENTS. Establishes that deputy directors and special assistant positions of executive departments not specifically authorized by statute are subject to position justification requirements and legislative review. |
LAB, FIN |
|
HB 1786 |
RELATING TO EXEMPT EMPLOYEES. Allows employees in exempt positions who have performed work satisfactorily for five or more consecutive years to apply for intra-departmental and inter-departmental transfers and intra-departmental and inter-departmental promotional exams for which they meet the minimum qualifications. Limits the number of exempt positions. |
LAB, FIN |
|
HB 1769 |
RELATING TO EMPLOYMENT CONTRACTS FOR BROADCAST INDUSTRY EMPLOYEES. Makes it unlawful for a broadcast employer to include in any employment contract with a current or prospective broadcast employee a provision that is a prospective employment access restriction. |
LAB, JUD |
|
HB 2230 |
RELATING TO SHORTAGE CATEGORIES. Establishes a shortage category employment class for public employment purposes. Establishes criteria and review processes for shortage categories. |
LAB, FIN |
|
SB 779 SD2 (SSCR951) |
RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. Creates a new class H membership of the employees' retirement system. Allows employees in service on 12/31/04 to elect to covert their class C membership to class H membership. Requires employees hired on or after 1/1/05, to be designated as class H members. Establishes the parameters for unreduced retirement allowances, service retirement allowances, minimum cash balance benefits, ordinary disability retirement allowances, service-connected disability retirement allowances, death benefits, post retirement allowances, retirement allowance options, rollovers, and the determination of members' rights after separation from service for class H members. (SD2) |
LAB, FIN |