HOUSE OF REPRESENTATIVES

THE THIRTY-FIRST LEGISLATURE

REGULAR SESSION OF 2021

 

COMMITTEE ON JUDICIARY & HAWAIIAN AFFAIRS

Rep. Mark M. Nakashima, Chair

Rep. Scot Z. Matayoshi, Vice Chair

 

Rep. Linda Ichiyama

Rep. Nadine K. Nakamura

Rep. Dale T. Kobayashi

Rep. Roy M. Takumi

Rep. Matthew S. LoPresti

Rep. Chris Todd

Rep. Nicole E. Lowen

Rep. James Kunane Tokioka

Rep. Angus L.K. McKelvey

Rep. Gene Ward

 

 

NOTICE OF HEARING

 

DATE:

Tuesday, March 23, 2021

TIME:

2:00 PM

PLACE:

VIA VIDEOCONFERENCE

Conference Room 325

State Capitol

415 South Beretania Street

 

 

 

THE STATE CAPITOL IS CLOSED TO THE PUBLIC DURING THE ONGOING COVID-19 PANDEMIC

Please note that the committee members will participate remotely via videoconference.

Click here to submit testimony and to testify remotely.

 

A live stream link of all House Standing Committee meetings will be available online

shortly before the scheduled start time.

 

Click here for the live stream of this meeting via YouTube.

Click here for select hearings broadcast live on ‘Ōlelo Community Media for cable TV.

 

 

A G E N D A

 

SB 219, SD2, HD1

(HSCR1076)

Status

RELATING TO CRIMES ON AGRICULTURAL LANDS.

Imposes extended terms of imprisonment for certain offenses against property rights committed when on agricultural land.  Creates a rebuttable presumption.  Effective 5/6/2137.  (HD1)

 

AGR, JHA, FIN

SB 697, SD1, HD1

(HSCR1051)

Status

RELATING TO KALAUPAPA MONTH.

Designates January of each year as "Kalaupapa Month".  (HD1)

 

 

CAI, JHA, FIN

SB 939

(HSCR1054)

Status

RELATING TO JUNETEENTH DAY.

Establishes June 19 of each year as Juneteenth Day.

 

CAI, JHA, FIN

SB 1243, SD2, HD1

(HSCR1094)

Status

RELATING TO THE PHASEOUT OF PRIVATE CORRECTIONAL FACILITIES.

Requires the Hawaii correctional oversight commission to create a comprehensive plan to phase out the use of private correctional institutions.  Prohibits the construction of new correctional facilities and the expansion of existing correctional facilities without first obtaining input and recommendations of the Hawaii correctional system oversight commission.  Effective 7/1/3050.  (HD1)

 

CMV, JHA, FIN

SB 664, SD1, HD1

(HSCR1095)

Status

RELATING TO PUBLIC SAFETY.

Authorizes the department of public safety to develop a new Oahu community correctional center.  Appropriates funds for the Hawaii correctional system oversight commission.  Effective 5/6/2137.  (HD1)

 

CMV, JHA, FIN

SB 1100, SD1, HD1

(HSCR1059)

Status

RELATING TO INSURANCE DATA SECURITY.

Adopts the National Association of Insurance Commissioners' Insurance Data Security Model Law to establish insurance data security standards for Hawaii insurance licensees.  Effective 7/1/2050.  (HD1)

 

CPC, JHA, FIN

SB 513, SD1, HD1

(HSCR1058)

Status

RELATING TO THE ENFORCEMENT OF LAWS.

Establishes an expeditious adjudication system for the processing of fireworks infractions.  Increases the fireworks display permit fee from $110 to $150 and the fine for certain fireworks violations from $2,000 per violation to $5,000 per violation.  Clarifies that each aerial device, display firework, or article pyrotechnic having a total weight of twenty-five pounds or less that is illegally imported, transferred, or sold constitutes a separate violation.  Increases the penalty for removing or extracting the pyrotechnic contents.  Authorizes the sheriff division to enforce the fireworks control law.  Requires the attorney general to establish an explosion detection technology working group.  Requires the department of public safety to develop and implement a web-based fireworks reporting tool.  Appropriates funds.  Effective 5/6/2137.  (HD1)

 

CPC, JHA, FIN

SB 1204, SD2, HD1

(HSCR1023)

Status

RELATING TO TAX APPEALS.

Replaces the four district tax boards of review with a single statewide taxation board of review appointed by the Governor, consisting of ten members with three required for quorum.  Authorizes taxpayers and others appearing before the board to participate using cost-efficient means such as teleconferencing.  (HD1)

 

ECD, JHA, FIN

SB 516, SD1, HD1

(HSCR1091)

Status

RELATING TO EDUCATION.

Beginning 7/1/2022, requires the state board for career and technical education to oversee and review annually statewide data collection processes and reporting requirements related to the student attainment of industry-recognized credentials.  Requires an annual report to the governor and legislature.  Requires the statewide longitudinal data system to store and analyze career and technical education data it receives to analyze the cross-agency longitudinal education and workforce outcomes of certain students.  Effective 7/1/2051.  (HD1)

 

EDN, JHA, FIN

SB 1311, SD2, HD1

(HSCR1092)

Status

RELATING TO SUSTAINABLE SCHOOLS.

Requires the department of education to establish food waste and zero-emission vehicle goals as part of the sustainable schools initiative.  Requires an annual report to the legislature.  Effective 7/1/2050.  (HD1)

 

EDN/EEP, JHA, FIN

SB 806, HD1

(HSCR1032)

Status

RELATING TO PUBLIC SCHOOL LANDS.

Requires the attorney general, on behalf of the department of education, to institute proceedings to acquire certain land owned by the Mililani Town Association by voluntary action or condemnation.  Effective 7/1/2050.  (HD1)

 

EDN/WAL, JHA, FIN

SB 1395, SD2, HD1

(HSCR1066)

Status

RELATING TO BOARDS AND COMMISSIONS.

Requires the governor to appoint an individual to fill a vacancy within all boards and commissions within one hundred eighty days.  Specifies that holdover appointments are limited to one hundred eighty days, after which time a vacancy is created on the board or commission.  Requires department heads to inform the governor of any vacancy in any board or commission.  Requires an outgoing governor to provide the governor-elect with an up-to-date list of information about boards and commissions.  Effective 7/1/2112.  (HD1)

 

GVR, JHA, FIN

SB 400, SD1, HD1

(HSCR1061)

Status

RELATING TO CAMPAIGN FINANCE REPORTS.

Clarifies that increased fines may apply if a candidate committee or noncandidate committee fails to timely file the preliminary primary or preliminary general report due in an unspecified number of calendar days before a primary or general election.  Effective 7/1/2112.  (HD1)

 

GVR, JHA, FIN

SB 401, HD1

(HSCR1000)

Status

RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW.

Increases the amount of the fine for campaign spending law violations that may be assessed against a noncandidate committee making only independent expenditures and that has received at least one contribution of more than $10,000, or spent more than $10,000, in an election period.  Allows the campaign spending commission to order that the payment of a fine assessed against a noncandidate committee, or any portion of the fine, be paid from the personal funds of an officer of the noncandidate committee.  Effective 7/1/2112.  (HD1)

 

GVR, JHA, FIN

SB 402, HD1

(HSCR1001)

Status

RELATING TO REIMBURSEMENTS FOR EXPENDITURES BY COMMITTEES.

Provides that expenditures by candidate committees may be made to reimburse other individuals for expenditures advanced by those individuals, in addition to those advanced by the candidate.  Deletes candidate reimbursements from the category of expenditures that noncandidate committees must itemize in their reports, since noncandidate committees are not allowed to receive or make loans under existing law.  Effective 7/1/2112.  (HD1)

 

GVR, JHA, FIN

SB 405, SD1, HD1

(HSCR1085)

Status

RELATING TO CAMPAIGN CONTRIBUTIONS.

Provides that excess contributions by nonresident contributors shall escheat to the Hawaii election campaign fund if not returned to the contributor within thirty days of the end of the election period.  Allows the candidate, candidate committee, or noncandidate committee to choose which excess contributions by nonresident contributors to return.  Effective 7/1/2112.  (HD1)

 

GVR, JHA, FIN

SB 406, SD1, HD1

(HSCR1002)

Status

RELATING TO CAMPAIGN SPENDING COMMISSION STAFF.

Clarifies that the campaign spending commission may employ or contract with persons for the performance of day-to-day functions of the commission.  Clarifies that persons employed or contracted by the campaign spending commission shall have the authority to perform day-to-day functions of the commission without further commission action.  Requires a complaint initiated by the staff of the campaign spending commission to be in writing and signed by the executive director of the commission.  Effective 7/1/2112.  (HD1)

 

GVR, JHA, FIN

SB 560, HD1

(HSCR1064)

Status

RELATING TO RANKED CHOICE VOTING.

Establishes ranked choice voting for special federal elections and special elections of vacant county council seats.  Effective 7/1/2112.  (HD1)

 

GVR, JHA, FIN

SB 135, SD2, HD1

(HSCR1018)

Status

RELATING TO TELECOMMUNICATION.

Requires the office of enterprise technology services to establish a working group to conduct a study to identify state office buildings that can provide equitable telecommunication access to allow residents of the counties of Hawaii, Kauai, and Maui, and rural areas of the city and county of Honolulu, including residents with disabilities, to participate remotely in legislative hearings.  Requires a report to the legislature.  Dissolves the working group on 6/30/2022.  Effective 7/1/2050.  (HD1)

 

HET, JHA, FIN

SB 717, SD1, HD1

(HSCR1017)

Status

RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.

Requires the department of Hawaiian home lands to digitize its applicant, beneficiary, and lessee records and make the digital database available for use no later than 7/1/2022.  Effective 7/1/2060.  (HD1)

 

HET, JHA, FIN

SB 1021, SD2, HD1

(HSCR1089)

Status

RELATING TO BURIALS.

Prohibits the sale, transfer, conveyance, or other disposal or offer for sale of any plot, crypt, or niche unless the property on which the plot, crypt, or niche is located allows the interment of up to ten sets of human remains that are cremated or prepared consistent with traditional Hawaiian burials.  Includes the use of alkaline hydrolysis, water cremation, and natural organic reduction as methods for the disposal of human remains.  Amends the procedures for the resolution of disputes regarding the right of disposition, the right to rely and act upon written instructions in a funeral service agreement or similar document, and provisions for the disposition of a decedent's remains and recovery of reasonable expenses to include hydrolysis facilities and natural organic reduction facilities.  Effective 7/1/2060.  (HD1)

 

HHH, JHA, CPC

SB 221, SD1, HD1

(HSCR1038)

Status

RELATING TO HOMELESSNESS.

Requires the governor's coordinator on homelessness, in conjunction with the Hawaii interagency council on homelessness, to develop plans for the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui to coordinate the services and shelter facilities of public agencies and nonprofit organizations to meet the concerns of communities impacted by homelessness and the needs of the homeless population within each county.  Requires the county plans to contain specific strategies to address unmet needs in each county.  Requires annual reports to the legislature on the status of the county plans.  Effective 7/1/2060.  (HD1)

 

HHH, JHA, FIN

SB 387, SD1, HD1

(HSCR1039)

Status

RELATING TO THE ROOM CONFINEMENT OF CHILDREN AT DETENTION AND SHELTER FACILITIES.

Establishes conditions and time limits for placing a child in room confinement at a detention or shelter facility.  Effective 7/1/2060.  (HD1)

 

HHH, JHA, FIN

SB 821, SD2, HD1

(HSCR1040)

Status

RELATING TO CHILDREN.

Allows a minor who has reached the age of sixteen to petition the family court for emancipation.  Requires the court to take certain actions regarding investigation of the petition, appointment of legal counsel and a guardian ad litem for the petitioning minor, and the findings necessary to grant the petition.  Specifies the rights gained by the minor upon emancipation.  Requires the court to require the minor's parents or legal guardians to pay for any services ordered by the court.  Effective 7/1/2060.  (HD1)

 

HHH, JHA, FIN

SB 607, SD3, HD1

(HSCR1100)

Status

RELATING TO AFFORDABLE HOUSING.

Removes the construction completion deadline for the Leialii affordable housing project.  Allows HHFDC to address historic preservation laws when funding is appropriated for each portion of the Leialii affordable housing project.  Effective 7/1/2050.  (HD1)

 

HSG, JHA, FIN

SB 866, SD2, HD1

(HSCR1098)

Status

RELATING TO AFFORDABLE HOUSING.

Temporarily exempts affordable housing units in projects by the Hawaii Housing Finance and Development Corporation from specific state and county fees and exactions related to discretionary approval or ministerial permitting, except application fees, when the units are exclusively for certain qualified residents.  Effective 5/6/2137.  Sunsets on 6/30/2027.  (HD1)

 

HSG, JHA, FIN

SB 2, SD2, HD1

(HSCR1014)

Status

RELATING TO PUBLIC LANDS.

Clarifies that lands set aside by the governor to the Hawaii housing finance and development corporation or leased to the corporation by other state departments or agencies are exempt from the definition of "public lands".  Clarifies that lands set aside by the governor or leased to the Hawaii housing finance development corporation from other state departments or agencies are subject to legislative approval prior to the sale or gift of those lands.  Requires the corporation to return any land leased to the corporation by other state departments or agencies if the land is no longer needed for housing, finance, or development.  Requires the Hawaii housing finance and development corporation to submit certain documentation to the office of Hawaiian affairs regarding government or crown lands set aside or leased to the corporation prior to the corporation developing or financing an affordable housing development on those lands.  Effective 7/1/2050.  (HD1)

 

HSG/WAL, JHA, FIN

SB 754

(SSCR659)

Status

RELATING TO OPERATING A VEHICLE WHILE INTOXICATED.

Lowers the threshold blood alcohol concentration for the offense of operating a vehicle while under the influence of an intoxicant.

 

JHA, CPC

SB 1121, SD2

(SSCR580)

Status

RELATING TO HOUSING.

Exempts housing developed by the department of Hawaiian home lands from general excise taxes.  Effective 7/1/2050.  (SD2)

 

JHA, FIN

SB 1220, SD1

(HSCR994)

Status

RELATING TO CRIMINAL HISTORY RECORD CHECKS.

Adds the University of Hawaii to the list of agencies that are authorized to conduct criminal history record checks on current or prospective employees, whose positions or duties are related to the security of campus facilities and persons.  (SD1)

 

LAT, JHA, FIN

SB 678, SD1, HD1

(HSCR996)

Status

RELATING TO COLLECTIVE BARGAINING.

Requires the representative of labor on the Hawaii labor relations board (HLRB) to be a person selected by a simple majority of the exclusive representatives of the collective bargaining units.  Establishes procedures for removal of the representative of labor on the HLRB during the member's term by a simple majority of the exclusive representatives of the collective bargaining units.  Effective 7/1/2050.  (HD1)

 

LAT, JHA, FIN

SB 1107, SD2, HD1

(HSCR998)

Status

RELATING TO THE HAWAII EMERGENCY MANAGEMENT AGENCY.

Establishes the hazard mitigation special fund for the Hawaii emergency management agency.  Effective 7/1/2050.  (HD1)

 

PDP, JHA, FIN

SB 134, SD1, HD1

(HSCR999)

Status

RELATING TO EMERGENCY POWERS.

Prohibits the governor or the mayor from suspending requests for public records or vital statistics during a declared state of emergency.  Effective 7/1/2050.  (HD1)

 

PDP, JHA, FIN

SB 192, SD1, HD1

(HSCR1057)

Status

RELATING TO PUBLIC ASSISTANCE.

Allows the Department of Human Services to administer and provide public assistance to eligible residents of the State during a governor-declared state of emergency.  Effective 7/1/2060.  (HD1)

 

PDP/HHH, JHA, FIN

SB 1401, SD2, HD1

(HSCR1035)

Status

RELATING TO TRANSPORTATION.

Requires the department of transportation to report on the complete streets policy and principles.  Requires the department of transportation to establish standards relating to safe travel along state roadways and a complete streets checklist.  Requires the director of transportation to provide training for maintenance staff in complete street policies, principles, and implementation procedures.  Requires counties to consider complete street policies when adopting or amending land use ordinances.  Effective 5/6/2137.  (HD1)

 

TRN, JHA, FIN

SB 1166, SD2, HD1

(HSCR1025)

Status

RELATING TO RENTALS FOR PUBLIC LAND LEASES.

Authorizes the board of land and natural resources to approve rental reductions or waivers for leases on public lands that require substantial demolition or infrastructure improvement costs for the lessee to utilize the premises.  Sunsets 6/30/2026.  (HD1)

 

WAL, JHA, FIN

SB 791, SD2, HD1

(HSCR1003)

Status

RELATING TO VESSELS.

Clarifies removal processes for unauthorized vessels.  Clarifies the criteria for determining whether a vessel is abandoned.  Reduces the allowable time frame to claim an unauthorized vessel that is impounded by the department of land and natural resources from thirty days to ten working days.  Reduces the allowable time frame to claim an abandoned vessel that is impounded by a state or county agency from twenty days to ten working days.  Makes abandonment of a vessel in the waters of the State or public property a petty misdemeanor.  Clarifies auction requirements regarding abandoned vessels.  Allows the department of land and natural resources to charge an impound storage fee.  Effective 1/1/2050.  (HD1)

 

WAL, JHA, FIN

 

 

 

 

DECISION MAKING TO FOLLOW

 

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FOR AMENDED NOTICES:  Measures that have been deleted are stricken through and measures that have been added are bolded.

 

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________________________________________

Rep. Mark M. Nakashima

Chair