THE SENATE

KA AHA KENEKOA

 

THE THIRTY-SECOND LEGISLATURE

REGULAR SESSION OF 2024

 

COMMITTEE ON JUDICIARY

Senator Karl Rhoads, Chair

Senator Mike Gabbard, Vice Chair

 

NOTICE OF DECISION MAKING

 

 

DATE:

Tuesday, April 2, 2024

TIME:

10:05 AM

PLACE:

Conference Room 016 & Videoconference

State Capitol

415 South Beretania Street

TIMESLOT:

JDC

 

 

PHOTO ID REQUIRED FOR ENTRANCE TO THE STATE CAPITOL

BUILDING HOURS: 7AM TO 5PM, MONDAY - FRIDAY

 

A live stream of all Senate Standing Committee meetings will be available on the Senate YouTube Channel.

 

 

A G E N D A

 

The following measure(s) were previously heard in their respective subject matter committees:

 

HB 1527, HD1, SD1

      (SSCR3291)

      Status & Testimony

RELATING TO VETERINARY MEDICINE.

Prohibits animal owners and their employees from performing any surgical procedures on the owner's animal or animals.  Provides that a violation of the prohibition is a class C felony.  Clarifies that the offense of cruelty to animals in the first degree does not apply to accepted veterinary practices when the practices are performed by a licensed veterinarian.  Repeals exemption of cropping and docking as customarily practiced under the offense of cruelty to animals in the first degree.  Takes effect 7/1/2050.  (SD1)

 

AEN/CPN, JDC

HB 1554, HD1

      (SSCR3324)

      Status & Testimony

RELATING TO AQUATIC RESOURCES.

Expands the department of land and natural resources' rulemaking authority to include any rule to impose restrictions or requirements deemed necessary to protect certain aquatic life.  Expands the board of land and natural resources' authority to temporarily adopt, amend, or repeal certain natural resource rules by formal action at a publicly noticed meeting if the board finds that such adoption, amendment, or repeal is necessary to implement effective and adaptive management measures in light of newly available technology, or in light of newly available data.  Effective 7/1/3000.  (HD1)

 

WTL, JDC

HB 1578, HD2, SD1

      (SSCR3229)

      Status & Testimony

RELATING TO TRANSPORTATION.

Permits a shipping container chassis that holds a valid out-of-state certificate of vehicle registration to obtain a certificate of safety inspection.  Makes an out-of-state registration for a shipping container chassis valid in the State until its expiration in the other state or for one year after a vehicle safety inspection.  (SD1)

 

TCA, JDC

HB 1597, HD1, SD1

      (SSCR3275)

      Status & Testimony

RELATING TO OPEN MEETINGS.

Clarifies that members of the public may sue a board or alleged board after receiving an adverse Office of Information Practices decision, and that the decision will be reviewed de novo.  Establishes a two-year statute of limitations to bring the lawsuit and reaffirms a complainant's right to seek review by the Office of Information Practices first.  Recognizes that only a member of the public may recover attorney's fees and costs if that person prevails in an open meetings lawsuit.  Requires that persons suing for open meetings law violations notify the Office of Information Practices about the lawsuit so that it may decide whether to intervene.  Requires open meetings lawsuits that seek to void a board's final action to be prioritized by the courts.  (SD1)

 

GVO, JDC

HB 1598, HD1, SD1

      (SSCR3270)

      Status & Testimony

RELATING TO THE SUNSHINE LAW.

Requires boards to make available for public inspection board packets, if created, at the time the board packet is distributed to board members but no later than two business days before the board meeting.  Carves out an exception by allowing public testimony to be distributed to board members within two business days before the board meeting. Requires boards to include in the notice to persons requesting notification of meetings, a list of the documents that were compiled by the board and distributed to board members before a board meeting for use at the meeting.  Requires boards to post board packets on its website.  Takes effect 7/1/2491.  (SD1)

 

GVO, JDC

HB 1599, HD1, SD1

      (SSCR3271)

      Status & Testimony

RELATING TO THE SUNSHINE LAW.

Requires public meeting notices to inform members of the public how to provide remote oral testimony in a manner that allows the testifier, upon request, to be visible to board members and other meeting participants.  Recognizes a board's authority to remove and block individuals who disrupt meetings.  Takes effect 7/1/2491.  (SD1)

 

GVO, JDC

HB 1600, HD1, SD1

      (SSCR3272)

      Status & Testimony

RELATING TO OPEN MEETINGS.

Requires boards to schedule a meeting for deliberation and decision-making on a report by an investigative group at least six business days after the board meeting in which the investigative group presented the findings and recommendations of its investigation to the board.  Takes effect 7/1/2491.  (SD1)

 

GVO, JDC

HB 1642, HD1, SD1

      (SSCR3196)

      Status & Testimony

RELATING TO GENERAL EMPLOYEE ORIENTATION.

Allows an employee or the exclusive representative, if applicable, to file a complaint with the Hawaii Labor Relations Board if the employer fails to comply with section 78-64, Hawaii Revised Statutes, relating to general employee orientation.  (SD1)

 

LBT, JDC

HB 1869, HD1, SD1

      (SSCR3224)

      Status & Testimony

RELATING TO UNMANNED AIRCRAFT.

Establishes the felony offenses of misuse of uncrewed aircraft in the first, second, and third degrees.  Requires uncrewed aircraft to be operated by a human operator at all times.  Effective 7/1/3000.  (SD1)

 

TCA, JDC

HB 1902, HD1, SD1

      (SSCR3222)

      Status & Testimony

RELATING TO EMERGENCY MANAGEMENT.

Clarifies that the Governor's and mayors' emergency management powers shall be consistent with the state constitution.  Clarifies the scope of the comprehensive emergency management plan.  Clarifies the powers of the Governor and mayors to extend or terminate a state of emergency.  Shortens the duration of price control periods from ninety-six hours to seventy-two hours.  Amends emergency management law to protect tenants, mortgagors, consumers, and residents for certain periods of time after the issuance of a gubernatorial or mayoral emergency proclamation.  Effective 7/1/3000.  (SD1)

 

PSM/CPN, JDC

HB 1922, HD2

      (SSCR3327)

      Status & Testimony

RELATING TO WILDLIFE.

Expands the department of land and natural resources' rulemaking authority to include any rule deemed necessary to protect certain wildlife.  Expands the board of land and natural resources' authority to timely adopt, amend, or repeal certain rules if the board finds that the action is necessary to implement effective and adaptive management measures in response to impacted natural resources or in light of newly available technology or data.  Effective 7/1/3000.  (HD2)

 

WTL, JDC

HB 1923, HD1, SD1

      (SSCR3318)

      Status & Testimony

RELATING TO CAMPS.

Allows overnight camps in operation prior to January 1, 1961, to be regulated via the special permit process.  Takes effect 7/1/2050.  (SD1)

 

WTL, JDC

HB 2071, HD1

      (SSCR3226)

      Status & Testimony

RELATING TO PHOTO RED LIGHT IMAGING DETECTOR SYSTEMS.

Provides that any photo red light imaging detector system's clear and unobstructed recorded image of a motor vehicle license plate shall be prima facie evidence that the motor vehicle to which the license plate is attached is the motor vehicle for which the license plate was issued.  Requires the State, the county, or the State's or county's third party contractor to implement a process to record the date on which the summons or citation was submitted to the post office, which shall be prima facie evidence of the date the summons or citation was submitted to the post office.  Effective 7/1/3000.  (HD1)

 

TCA, JDC

HB 2090, HD1, SD1

      (SSCR3277)

      Status & Testimony

RELATING TO HOUSING.

Beginning 1/1/2025, allows residential uses in areas zoned for commercial use to be considered permitted under certain circumstances.  Requires, no later than 1/1/2025, each county to adopt or amend its ordinances to allow for adaptive reuse of existing commercial buildings in the county's building codes.  Takes effect 7/1/2491.  (SD1)

 

GVO/WTL, JDC

HB 2159, HD2, SD1

      (SSCR3308)

      Status & Testimony

RELATING TO MENTAL HEALTH.

Part I:  requires the Department of the Attorney General to assist with the preparation and filing of petitions for assisted community treatment and with the presentation of the case, unless declined by the petitioner.  Part II:  repeals language entitling the subject of a petition for assisted community treatment to legal representation by a public defender.  Part III:  provides a mechanism for the automatic screening of certain nonviolent defendants for involuntary hospitalization or assisted community treatment.  Part IV:  authorizes courts to require certain probation violators to undergo a mental health evaluation and treatment program as a condition of continued probation.  Takes effect 12/31/2050.  (SD1)

 

HHS, JDC

HB 2278, HD2, SD1

      (SSCR3310)

      Status & Testimony

RELATING TO LABELING OF MACADAMIA NUTS.

Clarifies labeling requirements for macadamia nuts.  Requires country of origin to be included on the label of a consumer package of processed macadamia nuts.  Allows a private right of action for violations.  Takes effect 7/1/2040.  (SD1)

 

CPN, JDC

HB 2295, HD1

      (SSCR3253)

      Status & Testimony

RELATING TO THE TRAFFIC CODE.

Authorizes stopping, standing, and parking restrictions and prohibitions on property under jurisdiction of the Director of Transportation and the counties, respectively.  Specifies that the counties may issue traffic infractions for violations of any law prohibiting or restricting the stopping, standing, or parking of vehicles on all highways and county property.  Effective 7/1/3000.  (HD1)

 

TCA/PSM, JDC

HB 2298, HD1, SD1

      (SSCR3336)

      Status & Testimony

RELATING TO CONSUMER PROTECTION.

Establishes a timeline by which roasted coffee, instant coffee, and ready-to-drink coffee beverages that use a geographic origin in labeling or advertising are required to contain a certain per cent coffee by weight from that geographic origin.  Exempts retailers that do not package roasted coffee, instant coffee, or ready-to-drink coffee beverages from liability for the sale of roasted coffee, instant coffee, or ready-to-drink coffee beverages that use a label or advertisement in violation of the coffee labeling law.  Takes effect 7/1/3000.  (SD1)

 

CPN, JDC

HB 2342, HD1, SD1

      (SSCR3159)

      Status & Testimony

RELATING TO WEAPONS.

Prohibits carrying or using a firearm in the commission of a separate misdemeanor offense.  Amends and clarifies prohibitions regarding deadly or dangerous weapons, switchblade knives, and butterfly knives.  Clarifies hunter education certificates and other written exemptions regarding permit issuing.  Effective 7/1/3000.  (SD1)

 

PSM, JDC

HB 2351, HD1, SD1

      (SSCR3160)

      Status & Testimony

RELATING TO FIREARMS REPORTING.

Clarifies the annual reporting requirement for the Department of the Attorney General concerning concealed carry licenses.  (SD1)

 

PSM, JDC

HB 2352, HD1, SD1

      (SSCR3090)

      Status & Testimony

RELATING TO LAW ENFORCEMENT.

Exempts the administrator of the Law Enforcement Standards Board from civil service laws.  Clarifies membership and certain powers and duties of the Law Enforcement Standards Board and establishes new deadlines for the completion of board responsibilities.  Takes effect 7/1/3000.  (SD1)

 

PSM, JDC

HB 2400, HD2, SD1

      (SSCR3242)

      Status & Testimony

RELATING TO EDUCATION.

Requires a teacher to surrender their teaching license if the teacher resigns or retires during the pendency of any investigation into allegations of sexual assault, sexual harassment, or other physical abuse of a student.  Requires the surrender of the teacher's license to be reported to the National Association of State Directors of Teacher Education and Certification.  Takes effect 7/1/2050.  (SD1)

 

EDU/LBT, JDC

HB 2482, HD1, SD1

      (SSCR3269)

      Status & Testimony

RELATING TO MEETING NOTICES.

Repeals the requirement for the Office of the Lieutenant Governor and county clerk's offices to timely post paper or electronic copies of all meeting notices filed by boards in a central location in a public building, and instead, requires the offices to ensure access to paper or electronic copies of the notices.  Repeals statute providing that cancellation of a meeting is not required for failure of a board to file a copy of the meeting notice with the Office of the Lieutenant Governor or the appropriate county clerk's offices and retain a copy of proof of filing the notice, or failure of the Office of the Lieutenant Governor or county clerk's offices to timely post paper or electronic copies of the meeting notice in a central location in a public building.  (SD1)

 

GVO, JDC

 

Decision making meeting only, no oral testimony will be accepted.

 

Persons wishing to submit written testimony may do so up to 24 hours prior to the hearing. Click here to submit written testimony.

 

All testimony received by the Hawai‘i Senate is posted on the Hawai‘i Legislature's website, which is accessible to the public. Please do not include private information that you do not want disclosed to the public.

 

The cable TV broadcast and/or live stream of this meeting will include closed captioning. If you require other auxiliary aids or services to participate in the public hearing process (i.e., interpretive services (oral or written) or ASL interpreter), please contact the committee at [email protected] at least 24 hours prior to the hearing so that arrangements can be made.

 

FOR AMENDED NOTICES:  Measures that have been deleted are stricken through and measures that have been added are underscored.  If a measure is both underscored and stricken through, that measure has been deleted from the agenda.

 

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT (808) 587-7211.

 

 

 

 

 

_____________________________________

Senator Karl Rhoads

Chair