HOUSE OF REPRESENTATIVES

THE THIRTIETH LEGISLATURE

REGULAR SESSION OF 2019

 

COMMITTEE ON JUDICIARY

Rep. Chris Lee, Chair

Rep. Joy A. San Buenaventura, Vice Chair

 

Rep. Tom Brower

Rep. Calvin K.Y. Say

Rep. Richard P. Creagan

Rep. Gregg Takayama

Rep. Nicole E. Lowen

Rep. Ryan I. Yamane

Rep. Angus L.K. McKelvey

Rep. Cynthia Thielen

Rep. Dee Morikawa

 

 

NOTICE OF DECISION MAKING

 

DATE:

Wednesday, February 13, 2019

TIME:

2:00pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A M E N D E D  A G E N D A

 

The following measure(s) has been ADDED to the agenda:  HB274 HD1, HB1009 HD1, HB483 HD1, HB710 HD1, HB508, HB233, HB18, HB485, HB486, HB489, HB491 HD1, HB388, HB946 HD1, HB1000 HD1, HB217, HB1013 HD1

 

The following measure(s) were previously heard on February 01, 2019 at 2:00pm. 

 

HB 903

Status

RELATING TO THE JUDICIARY.

Requires the Judiciary to implement a program that offers any qualifying person the option to fulfill any court-ordered financial obligation through:  (1) installment payments in a payment plan; or (2) the performance of community service.  Prohibits the courts from taking certain actions against a person solely because of that person's inability to pay if the person has entered into and is in compliance with the programs.  Reinstates driver's licenses that were suspended for nonpayment under certain circumstances.

 

JUD, FIN

HB 627

Status

RELATING TO CAMPAIGN FINANCE.

Establishes that a photograph of a person used in campaign shall be reported as an in-kind contribution to the respective candidate or noncandidate committee.  Imposes a fine on a committee that uses a photograph in a campaign without the photographed person's authorization.  Classifies any independent expenditure as a contribution to a candidate or as a contribution to each opposing candidate.  Requires any advertisement by a noncandidate committee that makes only independent expenditures to disclose all contributors for the advertisement.

 

JUD, FIN

HB 1280

Status

PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION, ARTICLE II, SECTION 1, TO EXPAND THE RIGHT TO VOTE.

Lowers the right to vote in state and local elections to those who are sixteen years of age or older per the Hawaii Constitution.

 

JUD, FIN

HB 164

Status

RELATING TO ELECTIONEERING COMMUNICATIONS.

Amends the definition of "disclosure date" in section 11-341(d), HRS, to mean the date when the electioneering communication is publicly distributed.  Expands the definition of "electioneering communication" in section 11-341(d), HRS, to apply to advertisements sent by any mail rate and those that are expenditures of an organization.  Repeals section 11-341(e), HRS.

 

JUD

HB 680

Status

RELATING TO INTERNAL REVENUE CODE SECTION 501(C)(4) ORGANIZATIONS.

Requires an organization that is exempt from federal taxation under IRC section 501(c)(4) to submit semi-annual reports to the campaign spending commission if the organization expends funds to make communications that advocate for or against elected officials or their positions on government actions.

 

JUD, FIN

 

 

 

The following measure(s) were previously heard on February 04, 2019 at 2:05pm.

 

HB 1383

Status

RELATING TO MARIJUANA.

Decriminalizes certain offenses relating to marijuana and establishes a schedule of monetary fines for violations.  Changes statutory references from "marijuana" to "cannabis."  Provides for the dismissal of charges and expungement of criminal records based solely on cannabis offenses.  Establishes the cannabis evaluation working group.  Requires a report to the Legislature.

 

JUD

HB 1040

Status

RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

Updates chapter 329-22, Hawaii Revised Statutes, by adding subsection (e) to make it consistent with amendments in federal controlled substances law as required under section 329-11.

 

JUD, FIN

 

 

 

The following measure(s) were previously heard on February 05, 2019 at 2:05pm.

 

HB 369

Status

RELATING TO COURT PROCEEDINGS.

Provides that the legislature shall have standing to intervene in any court proceeding involving a claim based upon a constitutional or statutory provision.

 

JUD

 

 

 

The following measure(s) were previously heard on February 06, 2019 at 2:05pm.

 

HB 510

Status

RELATING TO THE JUDICIARY.

Appropriates funds for the Judiciary for the fiscal biennium beginning 7/1/19, and ending 6/30/21.  Effective 7/1/19.

 

JUD, FIN

 

 

 

 

 

 

 

 

 

 

The following measure(s) were previously heard on February 06, 2019 at 2:20pm.

 

HB 505

Status

MAKING AN APPROPRIATION TO THE DEPARTMENT OF THE PROSECUTING ATTORNEY OF THE CITY AND COUNTY OF HONOLULU.

Appropriates funds to the Department of the Prosecuting Attorney of the City and County of Honolulu for the career criminal prosecution unit.

 

JUD, FIN

 

 

 

The following measure(s) were previously heard on February 07, 2019 at 2:05pm.

 

HB 1395

Status

RELATING TO SMOKING.

Establishes a $100 fine for underage persons who smoke on public-school property or at public-school functions.

 

JUD, FIN

 

 

 

The following measure(s) were previously heard on February 11, 2019 at 2:00pm.

 

HB 274, HD1

(HSCR23)

Status

RELATING TO ADMINISTRATIVE PROCEDURE.

Requires agencies to maintain a website with a list of open contested cases that are not confidential by law; provide access to documents filed that are not confidential by law; and establish a subscription-based email notification system that notifies interested parties of all filings made in a contested case proceeding.  (HB274 HD1)

 

LAB, JUD, FIN

HB 1009, HD1

(HSCR159)

Status

RELATING TO MOVIE THEATERS.

Requires a movie theater to provide at least two showings per week per movie offered with open movie captioning.  Removes the option of a movie theater to provide eyewear to fulfill the movie captioning requirement.  Makes the requirement permanent by repealing the sunset date from Act 39, Session Laws of Hawaii 2015.  (HB1009 HD1)

 

LAB, JUD, FIN

HB 483, HD1

(HSCR160)

Status

RELATING TO CIVIL RIGHTS.

Extends the deadline for the Legislative Reference Bureau to complete the study to the Legislature on existing federal Title IX enforcement practices and procedures on the federal level and in other jurisdictions.  (HB483 HD1)

 

LMG, JUD, FIN

HB 710, HD1

(HSCR109)

Status

RELATING TO EMPLOYMENT PRACTICES.

Adds reproductive health decisions and utilization of family leave to the list of categories that are protected against discriminatory employment practices.  (HB710 HD1)

 

LAB, JUD, FIN

HB 508

Status

RELATING TO DNA COLLECTION FOR CERTAIN FELONY OFFENSES.

Requires persons arrested for felony sexual offenses to provide a DNA sample.  Defines felony sexual offenses.  Provides for the destruction of DNA samples and expungement of a DNA database profile when appropriate.  Makes an appropriation for the costs of DNA collection and expungement.

 

JUD, FIN

HB 233

Status

RELATING TO PROSTITUTION.

Removes the criminal statute of limitations for sex trafficking and promoting prostitution.  Exempts minors from criminal liability for prostitution and street solicitation of prostitution.  Establishes minimum criminal and regulatory penalties for prostitution, sex trafficking, and promoting travel for prostitution.  Repeals the offense of solicitation of a minor for prostitution.

 

JUD

HB 18

Status

RELATING TO CHILDHOOD SEXUAL ABUSE.

Repeals statutory limitations on the time period in which a survivor of childhood sexual abuse may file suit.

 

JUD, FIN

HB 485

Status

RELATING TO HUMAN TRAFFICKING.

Requires the State Commission on the Status of Women to establish a statewide training program on the state human trafficking laws for criminal justice personnel.

 

JUD, FIN

HB 486

Status

RELATING TO PROSTITUTION.

Permits persons convicted of certain prostitution offenses to file a motion to vacate the conviction if the defendant is not convicted of another offense under the penal code within three years of the prostitution offense.

 

JUD

HB 489

Status

RELATING TO DOMESTIC VIOLENCE.

Amends the offense of strangulation of a family or household member to include blocking the nose or mouth of the person or applying excessive pressure to the chest.  Clarifies that infliction of visible injury is not required to establish the offense.

 

JUD

HB 491, HD1

(HSCR31)

Status

RELATING TO DOMESTIC VIOLENCE.

Amends the offense of abuse of family or household members to provide for misdemeanor and petty misdemeanor penalties.  Allows a deferred acceptance of guilty or no contest plea in cases involving misdemeanor and petty misdemeanor abuse penalties.  Requires the Judiciary to submit annual reports to the Legislature on the number and outcome of abuse of family or household members cases.  (HB491 HD1)

 

HSH, JUD, FIN

HB 388

Status

RELATING TO THE HAWAII ZERO TO THREE COURT.

Appropriates funds for the Hawaii Zero to Three Court.

 

JUD, FIN

HB 946, HD1

(HSCR184)

Status

RELATING TO CHILD SUPPORT.

Amends the income withholding requirements to impose a fine against any employer who discriminates against any noncustodial parent subject to income withholding.  Imposes a fine against an employer who fails to withhold support from income or pay the amounts to the Child Support Enforcement Agency.  Amends the amount of the annual fee imposed by the Child Support Enforcement Agency to be in compliance with federal regulations.  (HB946 HD1)

 

HSH, JUD, FIN

HB 1000, HD1

(HSCR185)

Status

RELATING TO CHILD CARE.

Requires criminal history checks of adult relatives who provide care for a child whose family receives a child care subsidy from the DHS.  Allows DHS to take both administrative and judicial action to enforce child care licensing provisions.  Addresses the release of information pending an investigation.  (HB1000 HD1)

 

HSH, JUD, FIN

HB 217

Status

RELATING TO CHILDREN.

Requires that when an officer has custody of a child for an alleged violation of law, the child shall consult with legal counsel before the child waives any constitutional rights and before any custodial interrogation.

 

JUD

HB 1013, HD1

(HSCR187)

Status

RELATING TO INVOLUNTARY HOSPITALIZATION.

Permits the Director of Health to designate emergency departments to which persons requiring emergency mental health treatment may be taken by law enforcement, subject to certain restrictions.  (HB1013 HD1)

 

HSH, JUD, FIN

 

 

 

 

As this is a decision making meeting only, no public testimony will be accepted.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-9450 or email your request for an interpreter to [email protected] at least 24 hours prior to the hearing for arrangements.  Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

For further information, please call the Committee Clerk at 586-9450.

 

 

 

 

 

 

 

________________________________________

Rep. Chris Lee

Chair