HOUSE OF REPRESENTATIVES

THE THIRTY-SECOND LEGISLATURE

REGULAR SESSION OF 2024

 

COMMITTEE ON JUDICIARY & HAWAIIAN AFFAIRS

Rep. David A. Tarnas, Chair

Rep. Gregg Takayama, Vice Chair

 

Rep. Luke A. Evslin

Rep. Greggor Ilagan

Rep. Sonny Ganaden

Rep. Sam Satoru Kong

Rep. Daniel Holt

Rep. Tyson K. Miyake

Rep. Linda Ichiyama

Rep. Kanani Souza

 

 

NOTICE OF HEARING

 

DATE:

Tuesday, March 12, 2024

TIME:

2:00 PM

PLACE:

VIA VIDEOCONFERENCE

Conference Room 325

State Capitol

415 South Beretania Street

 

 

 

Click here to submit testimony and to testify remotely or in person.

 

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.

 

 

 

A G E N D A

 

SB 2520, SD2

(SSCR3019)

Status

RELATING TO THE DEFENSE OF STATE EMPLOYEES.

Requires the State to defend professionally licensed or certified state employees from civil actions when the employee was acting within the scope of their employment and was not grossly negligent or wanton, or failing to cooperate.  Clarifies that the employee may employ their own attorney at the employee's own expense.  Requires that if the State refuses to defend a state employee from civil actions on certain grounds, the Attorney General shall first work with the employee to amicably transfer representation to the replacement counsel and file a motion to withdraw as counsel as a confidential document.  (SD2)

 

JHA, FIN

SB 2683, SD1

(SSCR2767)

Status

RELATING TO DEFAMATION.

Protects individuals who make claims of sexual misconduct from defamation lawsuits unless the claims were proven to be made with malice.  (SD1)

 

JHA, FIN

SB 2758, SD1

(SSCR2892)

Status

RELATING TO SEX TRAFFICKING.

Authorizes civil claims to be made against a business, owner of a business, or operator of a business that profits from sexual exploitation.  (SD1)

 

JHA, FIN

SB 2439, SD1

(SSCR2761)

Status

RELATING TO LIMITATION OF ACTIONS.

Extends the statute of limitations for civil actions brought by persons subjected to sexual offenses as an adult against the person who committed the act.  Revives for a four-year period certain actions for which the statute of limitations had previously lapsed.  Allows a claim to be brought against legal entities during the four-year window period if there is a finding of gross negligence.  Authorizes a court to award attorney's fees to a defendant when an accusation of sexual abuse was made with no basis in fact and with malicious intent.  (SD1)

 

JHA, FIN

SB 2601

(SSCR2768)

Status

RELATING TO SEXUAL ABUSE OF MINORS.

Expands the time period by which a civil action for childhood sexual abuse may be initiated.  Authorizes a court to require personnel of legal entities to undergo training on trauma-informed response.

 

JHA, FIN

SB 2397, SD2

(SSCR2985)

Status

RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.

Excludes from any waiting list maintained by the Department of Hawaiian Home Lands any lessee or successor who sells or transfers their lease on a tract of Hawaiian home lands for personal gain.  Establishes that the Hawaiian Homes Commission shall have a right of first refusal for the sale or transfer of a lessee's interest in the lease when the sale or transfer is for personal gain.  Takes effect 4/14/2112.  (SD2)

 

JHA, FIN

SB 2591, SD2

(SSCR2966)

Status

RELATING TO BURIAL SITES.

Imposes a fine on any landowner that fails to disclose or record the existence of burial sites or archaeological sites on their property to the Bureau of Conveyances that the landlord knew or should have known of.  (SD2)

 

JHA, FIN

SB 2640, SD2

(SSCR2917)

Status

RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.

Amends the Hawaiian Homes Commission Act to authorize the Department of Hawaiian Home Lands to provide cash awards to beneficiaries on the waitlist in lieu of a lease.  Requires the Department of Hawaiian Home Lands to remove those beneficiaries from the waitlist.  Specifies that beneficiaries who accept a cash reward shall lose their right to return to the waitlist, but remain entitled to other rights provided by the Hawaiian Homes Commission Act.  Takes effect on either the date of the Secretary of the Interior's notification that congressional approval of this Act is unnecessary, or on the date of consent by the United States congress.  (SD2)

 

JHA, FIN

SB 3109, SD1

(SSCR3028)

Status

RELATING TO THE DEPARTMENT OF HAWAIIAN HOME LANDS.

Gives practical effect to the intent of the Legislature that funds appropriated in Act 279, SLH 2022, be available for expenditure until 6/30/2025.  Appropriates moneys.  Effective 7/1/2050.  (SD1)

 

JHA, FIN

SB 3123, SD2

(SSCR2927)

Status

RELATING TO ACCESS TO VITAL RECORDS FOR THE DEPARTMENT OF HAWAIIAN HOME LANDS.

Authorizes the Department of Hawaiian Home Lands to access vital records for purposes of verifying Native Hawaiian ancestry for beneficiary programs.  Requires the Department of Health and the Department of Hawaiian Home Lands to enter into a Memorandum of Agreement to assure appropriate access and handling of confidential records and sealed records that have been unsealed pursuant to court order.  (SD2)

 

JHA

SB 3363, SD2

(SSCR2987)

Status

RELATING TO HAWAIIAN HOME LANDS.

Provides that a living beneficiary's place on the Department of Hawaiian Home Land's waitlist for any residential, agricultural or pastoral tract may be designated for transfer to a successor if the living beneficiary dies before receiving an offer for a tract; provided that the successor shall be at least 1/32 Hawaiian.  Takes effect 4/14/2112.  (SD2)

 

JHA, FIN

SB 3159, SD1

(SSCR2836)

Status

RELATING TO CONTESTED CASES.

Clarifies that a contested case hearing is not required when a tribunal has already issued a final decision and order in a contested case proceeding arising from the same factual situation that was not appealed, or where a court of last resort has already issued a final decision on the proceeding or on other substantially similar matters.  Takes effect 4/14/2112.  (SD1)

 

JHA

SB 3226, SD1

(SSCR2998)

Status

RELATING TO ADMINISTRATIVE PROCEDURE.

Provides that a maximum time period to grant or deny a business or development-related permit, license, or approval shall only apply if a request for a contested case has not been filed or is required by law.  (SD1)

 

JHA

SB 3176, SD1

(SSCR2843)

Status

RELATING TO TAX ENFORCEMENT.

Provides deadlines for taxpayers under audit to comply with demands to produce documents and evidence.  Authorizes the tax appeal court to preclude documents or information not produced pursuant to a demand from being introduced in evidence in a tax appeal or action under section 40-35, Hawaii Revised Statutes, unless the failure was due to reasonable cause.  (SD1)

 

JHA, FIN

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing.  Testimony received after this time will be stamped late and left to the discretion of the chair to consider.  While every effort will be made to incorporate all testimony received, materials received on the day of the hearing or improperly identified or directed, may not be processed.

 

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The chair may institute a per-testifier time limit.

 

Committees meeting in the morning must adjourn prior to the day's Floor Session.  Therefore, due to time constraints, not all testifiers may be provided an opportunity to offer verbal comments.  However, written submissions will be considered by the committee.

 

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

 

For more information, please contact the Committee Clerk at (808) 586-6325.

 

 

 

 

 

________________________________________

Rep. David A. Tarnas

Chair