Bill Text: HI HB2448 | 2016 | Regular Session | Amended
Bill Title: Revision Bill
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-06-08 - Act 055, on 06/06/2016 (Gov. Msg. No. 1156). [HB2448 Detail]
Download: Hawaii-2016-HB2448-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2448 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO STATUTORY REVISION: AMENDING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE PURPOSES OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 134-1, Hawaii Revised Statutes, is amended by amending the definition of "assault pistol" to read as follows:
""Assault pistol" means a
semiautomatic pistol [which] that accepts a detachable magazine
and [which] has two or more of the following characteristics:
(1) An ammunition magazine [which] that
attaches to the pistol outside of the pistol grip;
(2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;
(3) A shroud [which] that is attached
to or partially or completely encircles the barrel and [which] permits
the shooter to hold the firearm with the second hand without being burned;
(4) A manufactured weight of fifty ounces or more when the pistol is unloaded;
(5) A centerfire pistol with an overall length of twelve inches or more; or
(6) It is a semiautomatic version of an automatic firearm;
but does not include a firearm with a barrel sixteen
or more inches in length, an antique pistol as defined in this section,
or a curio or relic as those terms are used in 18 United States Code [§921(16)]
section 921(a)(13) or 27 Code of Federal Regulations [178.11.] section
478.11."
SECTION 2. Section 201H-37, Hawaii Revised Statutes, is amended to read as follows:
"[[]§201H-37[]]
Exemption from tax on income and obligations. Income earned and obligations
issued by a nonprofit entity determined to constitute a "public housing
agency" pursuant to section [3(6)] 3(b)(6) of the United
States Housing Act of 1937, as amended, and which income and obligations are
declared by the United States Department of Housing and Urban Development to be
exempt from all taxation imposed by the United States pursuant to section 11(b)
of the United States Housing Act[,] of 1937, shall be
exempt from all taxation now or hereafter imposed by the State."
SECTION 3. Section 329-101, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A controlled substance electronic [accountability]
prescription accountability system shall be established within six
months of June 18, 1996."
SECTION 4. Section 348-2, Hawaii Revised Statutes, is amended to read as follows:
"§348-2 Definitions. For the purposes of this chapter:
[(14)] "Department" means the
department of human services.
[(15)] "Director" means the
director of human services.
[(3) The term "eligible] "Eligible
handicapped individual", when used with respect to diagnostic and related
services, training, guidance, and placement, means any handicapped individual
whose vocational rehabilitation is determined feasible by the department of
human services, and when used with respect to other vocational rehabilitation
services, means an individual meeting the [above] foregoing
requirements who is also found by the department to require financial
assistance with respect thereto, after full consideration of the individual's
financial resources, or in the instance of minors the financial resources of
the parents, and eligibility for any similar benefit by way of pension,
compensation, insurance, or of any other available assistance.
[(13)] "Establishment of a
workshop or rehabilitation facility" means:
[(A)] (1) In the case of a workshop, the
expansion, remodeling, or alteration of existing buildings, necessary to adapt
the buildings to workshop purposes or to increase the employment opportunities
in workshops, and the acquisition of initial equipment necessary for new
workshops or to increase the employment opportunities in workshops; and
[(B)] (2) In the case of a
rehabilitation facility, the expansion, remodeling, or alteration of existing
buildings, and initial equipment of [such] those buildings,
necessary to adapt the buildings to rehabilitation facility purposes (subject,
however, to [such] limitations [as] that the director of
human services may by [regulations] rules prescribe in order to
prevent impairment of the objectives of, or duplication of, other federal laws
providing federal assistance to states in the construction of [such] those
facilities), and initial staffing thereof.
[(1) The term "handicapped]
"Handicapped individual" means an individual who is under a
physical or mental disability [which] that is stable or slowly
progressive and constitutes a substantial handicap to employment, but [which]
that is of such a nature that appropriate vocational rehabilitation
services may reasonably be expected to render the individual able to engage in
a remunerative occupation.
[(8) The term "health] "Health
maintenance" means payments for medical care for acute conditions
occurring in the course of vocational rehabilitation [which] that
are not expected to last thirty days.
[(7) The term "maintenance"]
"Maintenance" means payments, not exceeding the cost of
subsistence, provided an eligible handicapped individual necessary to derive
the benefit of other vocational rehabilitation services being provided to
achieve the individual's vocational rehabilitation objective.
[(12) The term "nonprofit",]
"Nonprofit", when used with respect to a rehabilitation
facility or a workshop, means a rehabilitation facility and a workshop,
respectively, owned and operated by a corporation or association, no part of
the net earnings of which inures, or may lawfully inure, to the benefit of any
private shareholder or individual and the income of which is exempt from
taxation under section 501(c) of the Internal Revenue Code.
[(5) The term "physical] "Physical
restoration" includes:
[(A)] (1) Corrective surgery or
therapeutic treatment necessary to correct or substantially modify a physical
or mental condition [which] that is stable or slowly progressive
and constitutes a substantial handicap to employment, but is of such a nature
that the correction or modification may reasonably be expected to eliminate or
substantially reduce the handicap within a reasonable length of time; and
includes psychiatric treatment, dentistry, physical therapy, occupational
therapy, speech or hearing therapy, treatment of medical complications, and
emergencies [which] that are associated with or arise out of
physical restoration services or are inherent in the condition under treatment,
and other medical services related to rehabilitation;
[(B)] (2) Necessary hospitalization
(either [in-patient] inpatient or [out-patient)] outpatient
and nursing care in connection with surgery or treatment specified in [the
preceding subparagraph (A);] paragraph (1); and
[(C)] (3) Prosthetic devices essential
to obtaining or retaining employment.
[(6) The term "prosthetic] "Prosthetic
appliance" means any appliance designed to support or take the place of a
part of the body, or to increase the acuity of a sensory organ.
[(10) The term "rehabilitation]
"Rehabilitation facility" means a facility operated for the
primary purpose of assisting in the rehabilitation of handicapped individuals:
[(A)] (1) [Which] That
provides one or more of the following types of services:
[(i)] (A) Testing, fitting, or
training in the use of prosthetic devices;
[(ii)] (B) Prevocational or
conditioning therapy;
[(iii)] (C) Physical or
occupational therapy;
[(iv)] (D) Adjustment training; or
[(v)] (E) Evaluation or control
of special disabilities; or
[(B)] (2) Through which is provided an
integrated program of medical, psychological, social, and vocational evaluation
and services under competent professional supervision.
[(2) The term "remunerative]
"Remunerative occupation" includes employment as an employee
or self-employed, practice of a profession, homemaking, or farm and family work
for which payment is in kind rather than cash, sheltered employment and home
industry or other homebound work of a remunerative nature.
[(9) The term "vocational] "Vocational
rehabilitation" means making an individual able, or increasing the
individual's ability to engage in, and placement in, a remunerative occupation
through providing the individual needed vocational rehabilitation services.
[(4) The term "vocational] "Vocational
rehabilitation services" means:
[(A)] (1) Diagnostic and related
services (including transportation) incidental to the determination of whether
an individual is a handicapped individual, and if so, the individual's
eligibility for, and the nature and scope of other vocational rehabilitation
services to be provided; and
[(B)] (2) The following services
provided to eligible handicapped individuals needing the services:
[(i)] (A) Training;
[(ii)] (B) Guidance;
[(iii)] (C) Placement;
[(iv)] (D) Maintenance, not
exceeding the estimated costs of subsistence during vocational rehabilitation;
[(v)] (E) Occupational licenses,
tools, equipment, initial stocks, and supplies (including equipment and initial
stocks and supplies for vending stands), books, and training materials;
[(vi)] (F) Transportation (other
than provided as diagnostic and related services);
[(vii)] (G) Physical restoration;
[(viii)] (H) Reader services for
the blind;
[(ix)] (I) Interpreter services
for the deaf;
[(x)] (J) Telecommunications,
sensory, or other technological aids and devices;
[(xi)] (K) Services to family
members;
[(xii)] (L) Post employment
services; and
[(xiii)] (M) Other goods and
services which will benefit an individual's employability.
[(11) The term "workshop"]
"Workshop" means a place where any manufacture or handiwork is
carried on and which is operated for the primary purpose of providing
remunerative employment to severely handicapped individuals who cannot be
readily absorbed in the competitive labor market."
SECTION 5. Section 377-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "employee" to read:
""Employee" includes any person,
other than an independent contractor, working for another for hire in the
State, and shall not be limited to the employees of a particular employer
unless the context clearly indicates otherwise[; and].
"Employee" includes any individual whose work has ceased solely
as a consequence of or in connection with any current labor dispute or because
of any unfair labor practice on the part of an employer and [(A)] who
has not [refused]:
(1) Refused or failed to return to work
upon the final disposition of a labor dispute or a charge of an unfair labor
practice by a tribunal having competent jurisdiction of the same or whose
jurisdiction was accepted by the employee or the employee's representative[,
(B) who has not been];
(2) Been found to be committing or a
party to any unfair labor practice hereunder[, (C) who has not obtained];
(3) Obtained regular and substantially
equivalent employment elsewhere[,]; or [(D) who has not been]
(4) Been absent from the individual's
employment for a substantial period of time during which reasonable expectancy
of settlement has ceased (except by an employer's unlawful refusal to bargain)
and whose place has been filled by another engaged in the regular manner for an
indefinite or protracted period and not merely for the duration of a strike or
lockout[;
but shall]. "Employee" does
not include any individual employed in the domestic service of a family or
person at the family's or person's home or any individual employed by the
individual's parent or spouse, or any person employed in an executive or
supervisory capacity, or any individual employed by any employer employing less
than two individuals, or any individual subject to the jurisdiction of the
Federal Railway Labor Act or the National Labor Relations Act, as amended from
time to time[; provided that the term "employee"].
"Employee" includes any individual subject to the jurisdiction of
the National Labor Relations Act, as amended from time to time, but over whom
the National Labor Relations Board has declined to exercise jurisdiction or has
indicated by its decisions and policies that it will not assume jurisdiction."
2. By amending the definition of "secondary boycott" to read:
""Secondary boycott" includes
combining or conspiring to cause or threaten to cause injury to one with whom
no labor dispute exists, whether by [(A) withholding]:
(1) Withholding patronage, labor, or
other beneficial business intercourse[, (B) picketing, (C) refusing];
(2) Picketing;
(3) Refusing to handle, install, use,
or work on particular materials, equipment, or supplies[,]; or [(D)
by any]
(4) Using any other unlawful means,
in order to bring one against one's will into a concerted plan to coerce or inflict damage upon another."
SECTION 6. Section 379-3, Hawaii Revised Statutes, is amended to read as follows:
"§379-3 Advertising. (a)
If any person advertises for, or seeks employees by means of newspapers,
posters, letters, radio, television, or by means of any employment agency to
work for [him] that person or the person for whom [he] that
person is acting at any shop, plant, or establishment, while a labor
dispute is still in active progress at the shop, plant, or establishment, [he]
that person shall plainly and explicitly mention in the advertisement or
solicitation that a labor dispute exists.
(b) The person soliciting or
advertising for employees in the manner set forth [herein] in this
section shall use in the advertisement or solicitation [his] that
person's own name, and, if [he] that person is representing another,
the name of the person [he] that person is representing and at
whose direction and under whose authority the solicitation or advertisement is
made. The appearance of this name in connection with the advertisement or
solicitation shall be deemed prima facie evidence as to the person responsible
for the advertisement or solicitation."
SECTION 7. Section 380-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Whenever it is charged that any
person has engaged in an unfair labor practice within the meaning of section
377-7(5), (6), (7), (8), and (9), the preliminary investigation of [such]
that charge shall be made forthwith and given priority over all other
cases except cases of like character in the office where it is filed or to
which it is referred. If, after the investigation, the board has reasonable
cause to believe the charge is true, it shall petition any circuit court of the
State within any circuit where the unfair labor practice in question has occurred,
is alleged to have occurred, or wherein the person resides or transacts
business, for appropriate injunctive relief pending the final adjudication of
the board with respect to [such] that matter. Upon the filing of
any such petition, the circuit court shall have jurisdiction to grant such
injunctive relief or temporary restraining order as it deems just and proper,
notwithstanding any other provision of law or rule of court; provided [further]
that no temporary restraining order shall be issued without notice unless a
petition alleges that substantial and irreparable injury to the charging party
will be unavoidable and the temporary restraining order shall be effective for
no longer than five days and will become void at the expiration of [such]
that period; provided further that the board shall not apply for any
restraining order under section 377-7(5), (6), (7), (8), and (9) if a charge
against the employer under section 377-6(2) has been filed and after the
preliminary investigation, [it] the board has reasonable cause to
believe that the charge is true and that a complaint should [issue.] be
issued. Upon the filing of any such petition, the courts
shall cause notice thereof to be served upon any person involved in the charge
and the person, including the charging party, shall be given an opportunity to
appear by counsel and present any relevant testimony; provided [further]
that for the purposes of this subsection, circuit courts shall be deemed
to have jurisdiction of a labor organization in:
(1) [in the] The circuit in which the
organization maintains its principal office[,]; or
(2) [in any] Any circuit in which [its]
the organization's duly authorized officers or agents are engaged in
promoting or protecting the interests of employee members. The service of
legal process upon [such] an officer or agent shall constitute
service upon the labor organization and make the organization a party to the
suit."
SECTION 8. Section 381-9, Hawaii Revised Statutes, is amended to read as follows:
"§381-9 Strikes and lockouts
prohibited, when. (a) It shall be unlawful for any employees of a
public utility to call a strike or go out on strike causing or threatening to
cause an interruption of public utility service, or for any public utility to
lock out its employees when the action would cause or threaten to cause an
interruption of public utility service, except as the action may be taken [following]
in compliance with this chapter.
(b) It shall be unlawful for any person
or persons to instigate, induce, or encourage any other person or persons to
engage in any strike or lockout [which] that would cause an
interruption of public utility service in violation of this chapter.
(c) During the term of any collective bargaining agreement, there shall be no lockout by the public utility and there shall be no strike on the part of any employees covered by the agreement, except where:
(1) [a] A dispute arises under the
agreement concerning the interpretation or application of the terms of the
collective bargaining agreement, and the agreement contains no procedure for
the settlement of the dispute; or
(2) [in] In accordance with the terms
of the collective bargaining agreement, the parties undertake negotiations for
a new agreement or an amendment of the existing agreement pursuant to specific
designation in the agreement of a certain time or period for [such] the
negotiations, [and] no agreement has been reached at the expiration of
the time or period, and the agreement does not prohibit strikes or lockouts following
[such] the negotiation and failure to arrive at agreement;
[and] provided that the provisions of
this chapter for settlement of disputes have first been complied with."
SECTION 9. Section 383-144, Hawaii Revised Statutes, is amended to read as follows:
"§383-144 Unlawful disclosures.
If any individual, whether an employee or member of the department of
labor and industrial relations, or the referee, in violation of section 383-95,
makes any disclosure of information obtained from any employing unit or
individual in the administration of this chapter, or if any [person] individual
who has obtained any list of applicants for work, or of claimants or recipients
of benefits, under this chapter, [shall use or permit] uses or
permits the use of [such] the list for any political purpose,
[he] that individual shall be fined not less than $20 nor more
than $200, or imprisoned not more than ninety days, or both."
SECTION 10. Section 386-6, Hawaii Revised Statutes, is amended to read as follows:
"§386-6 Territorial applicability.
(a) [The provisions of this] This chapter shall be
applicable to all work injuries sustained by employees within the territorial
boundaries of the State.
(b) If an employee who has been hired
in the State suffers work injury, [he] the employee shall be
entitled to compensation under this chapter even though the injury was
sustained without the State. The right to compensation shall exclude all other
liability of the employer for damages as provided in section 386-5. All contracts
of hire of employees made within the State shall be deemed to include an
agreement to that effect.
(c) If an employee who has been hired
without the State is injured while engaged in [his employer's business,]
the business of the employee's employer, and is entitled to compensation
for the injury under the law of the state or territory where [he] the
employee was hired, [he] the employee shall be entitled to
enforce against [his] the employee's employer [his] the
employee's rights in this State if [his] the employee's
rights are such that they can reasonably be determined and dealt with by the
director of labor and industrial relations, the appellate board, and the court
in this State."
SECTION 11. Section 386-8, Hawaii Revised Statutes, is amended to read as follows:
"§386-8 Liability of third
person. (a) When a work injury for which compensation is payable
under this chapter has been sustained under circumstances creating in some
person other than the employer or another employee of the employer acting in
the course of [his] employment a legal liability to pay damages on
account thereof, the injured employee or [his] the injured employee's
dependents (hereinafter referred to collectively as "the employee")
may claim compensation under this chapter and recover damages from [such]
that third person.
(b) If the employee commences an action
against [such] a third person [he], the employee
shall without delay give the employer written notice of the action and the name
and location of the court in which the action is brought by personal service or
registered mail. The employer [may], at any time before trial on the
facts, may join as party plaintiff.
(c) If within nine months after the
date of the personal injury the employee has not commenced an action against [such]
a third person, the employer, having paid or being liable for
compensation under this chapter, shall be subrogated to the rights of the
injured employee. Except as limited by chapter 657, the employee may at any
time commence an action or join in any action commenced by the employer against
[such] a third person.
(d) No release or settlement of any
claim or action under this section is valid without the written consent of both
employer and employee. The entire amount of the settlement after deductions
for attorney's fees and costs as [hereinafter] provided[,] in
this section is subject to the employer's right of reimbursement for [his]
the employer's compensation payments under this chapter and [his]
the employer's expenses and costs of action.
(e) If the action is prosecuted by the
employer alone, the employer shall be entitled to be paid from the proceeds
received as a result of any judgment for damages, or settlement in case the
action is compromised before judgment, the reasonable litigation expenses
incurred in preparation and prosecution of [such] the action,
together with a reasonable attorney's fee, which shall be based solely
upon the services rendered by the employer's attorney in effecting recovery
both for the benefit of the employer and the employee. After the payment of [such]
the expenses and attorney's fee, the employer shall apply out of the
amount of the judgment or settlement proceeds an amount sufficient to reimburse
the employer for the amount of [his] the employer's expenditure
for compensation and shall pay any excess to the injured employee or other
person entitled thereto.
(f) If the action is prosecuted by the
employee alone, the employee shall be entitled to apply out of the amount of
the judgment for damages, or settlement in case the action is compromised
before judgment, the reasonable litigation expenses incurred in preparation and
prosecution of [such] the action, together with a reasonable
attorney's fee, which shall be based solely upon the services rendered
by the employee's attorney in effecting recovery both for the benefit of the
employee and the employer. After the payment of [such] the
expenses and attorney's fee, there shall be applied out of the amount of
the judgment or settlement proceeds, the amount of the employer's expenditure
for compensation, less [his] the employer's share of [such]
the expenses and attorney's fee. On application of the employer, the
court shall allow as a first lien against the amount of the judgment for
damages or settlement proceeds, the amount of the employer's expenditure for
compensation, less [his] the employer's share of [such] the
expenses and attorney's fee.
(g) If the action is prosecuted both by
the employee and the employer, in a single action or in consolidated actions,
and they are represented by the same agreed attorney or by separate attorneys,
there shall first be paid from any judgment for damages recovered, or
settlement proceeds in case the action or actions [be] are
settled before judgment, the reasonable litigation expenses incurred in
preparation and prosecution of [such] the action or actions,
together with reasonable attorney's fees based solely on the services rendered
for the benefit of both parties where they are represented by the same attorney,
and where they are represented by separate attorneys, based solely upon the
service rendered in each instance by the attorney in effecting recovery for the
benefit of the party represented. After the payment of [such] the
expenses and attorneys' fees, there shall be applied out of the amount
of the judgment for damages, or settlement proceeds an amount sufficient to
reimburse the employer for the amount of [his] the employer's
expenditure for compensation and any excess shall be paid to the injured
employee or other person entitled thereto.
(h) [In the event that] If
the parties are unable to agree upon the amount of reasonable litigation
expenses and the amount of attorneys' fees under this section [then],
the [same] expenses and attorneys' fees shall be fixed by the
court.
(i) After reimbursement for [his]
the employer's compensation payments, the employer shall be
relieved from the obligation to make further compensation payments to the
employee under this chapter up to the entire amount of the balance of the
settlement or the judgment, if satisfied, as the case may be, after deducting
the cost and expenses, including attorneys' fees.
(j) The amount of compensation paid by the employer or the amount of compensation to which the injured employee is entitled shall not be admissible in evidence in any action brought to recover damages.
(k) Another employee of the same
employer shall not be relieved of [his] that employee's liability
as a third party, if the personal injury is caused by [his] that
employee's wilful and wanton misconduct.
(l) If the special compensation fund has paid or is liable for any compensation under this chapter, the fund shall be entitled to all the rights and remedies granted an employer under this section; provided that the employer's right to reimbursement for compensation payments and expenses under this chapter shall have priority."
SECTION 12. Section 386-8.5, Hawaii Revised Statutes, is amended to read as follows:
"§386-8.5 Limits of third party
liability. (a) [Section] Notwithstanding section 386-8 and
any other law to the contrary [notwithstanding], when a work injury for
which compensation is payable under this chapter has been sustained, the
discussion or furnishing of, or failure to discuss or furnish, or failure to
enforce any safety, health, or personal conduct provision to protect employees
against work injuries, in any collective bargaining agreement or in
negotiations thereon, shall not subject a labor organization representing the
injured employee to any civil liability for the injury.
(b) As used in this section[, the
terms]:
"Health provision" includes but is not limited to health inspections and advisory services.
[(1)] "Labor organization"
means any organization [which] that exists and is constituted for
the purposes, in whole or in part, of collective bargaining or dealing with
employers, concerning grievances, terms, or conditions of employment, or of
other mutual aid or protection, and includes both private industry and
public employment labor organizations.
"Personal conduct provision" includes but is not limited to contractual language covering sexual harassment or assault and related infliction of emotional distress or invasion of privacy.
[(2)] "Safety provision"
includes[,] but is not limited to[,] safety inspections and
advisory services[; "health provision" includes, but is not
limited to, health inspections and advisory services; "personal conduct
provision" includes, but is not limited to, contractual language covering
sexual harassment or assault and related infliction of emotional distress or
invasion of privacy].
[(b)] (c) No construction design
professional who is retained to perform professional services on a construction
project or any employee of a construction design professional who is assisting
or representing the construction design professional in the performance of
professional services on the site of the construction project shall be liable
for any injury on the construction project resulting from the employer's failure
to comply with safety standards on the construction project for which
compensation is recoverable under this chapter unless the responsibility for
the compliance of safety practices is specifically assumed by contract or by
other conduct of the construction design professional or any employee of the
construction design professional who is assisting or representing the
construction design professional in the performance of professional services on
the site of the construction project. The limitation of liability provided by
this subsection to any construction design professional shall not apply to the
negligent preparation of design plans or specifications."
SECTION 13. Section 386-42, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The following persons, and no others, shall be deemed dependents and entitled to income, and indemnity benefits under this chapter:
(1) A child who is [(1) unmarried]:
(A) Unmarried and under eighteen
years[, or (2) unmarried];
(B) Unmarried and under twenty
years if the child is a full-time student at a high school, business school, or
technical school, or unmarried and under twenty-two years if the child is a
full-time undergraduate student at a college[, or (3) unmarried];
(C) Unmarried and incapable of
self-support[,]; or [(4) married]
(D) Married and under eighteen years, if actually dependent upon the deceased;
(2) The surviving spouse or reciprocal beneficiary, if either living with the deceased at the time of the injury or actually dependent upon the deceased;
(3) A parent or grandparent, if actually dependent upon the deceased; and
(4) A grandchild, brother, or sister, if [(1)]
under eighteen years or incapable of self-support, and [(2)] actually
and wholly dependent upon the deceased.
(b) A person shall be deemed to be actually
dependent upon the deceased, if [he or she] the deceased
contributed all or a substantial portion of the living expenses of [such]
that person at the time of the injury."
SECTION 14. Section 386-43, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The weekly benefits to dependents shall continue:
(1) To a surviving spouse or reciprocal
beneficiary, until death, remarriage, marriage, or entry into a new reciprocal
beneficiary relationship with two years' compensation in one sum upon
remarriage, marriage, or entry into a new reciprocal beneficiary relationship[.];
(2) To or for a child[, (1) so]:
(A) So long as unmarried, until
attainment of the age of eighteen[, or (2) so];
(B) So long as unmarried, until
attainment of the age of [twenty]:
(i) Twenty if the child is a
full-time student at a high school, business school, technical school[,];
or [unmarried and under twenty-two years]
(ii) Twenty-two if the child is a
full-time undergraduate student at a college[, or (3) so];
(C) So long as unmarried, until
termination of the child's incapability of self-support[,]; or [(4)
until]
(D) Until marriage, except that
in the case of a married child under eighteen, weekly benefits shall continue
during the period of actual dependency until attainment of the age of eighteen[.];
(3) To a parent or grandparent, for the
duration, whether continuous or not, of [such] the actual dependency,
provided that the amount of the weekly benefits shall at no time exceed the
amount payable at the time of death[.]; and
(4) To or for a grandchild, brother, or
sister, for the period in which [he or she] that grandchild, brother,
or sister remains actually and wholly dependent until attainment of the age
of eighteen or termination of the incapability of self-support.
(b) The aggregate weekly benefits payable on
account of any one death shall not exceed the product of [312] three
hundred twelve times the effective maximum weekly benefit rate prescribed
in section 386-31, but this limitation shall not apply with respect to benefits
to a surviving spouse or reciprocal beneficiary who is physically or mentally
incapable of self-support and unmarried as long as [he or she] that
surviving spouse or reciprocal beneficiary remains in that condition and to
benefits to a child and to benefits to an unmarried child over eighteen
incapable of self-support as long as [he or she] that unmarried child
is otherwise entitled to [such] compensation."
SECTION 15. Section 392-3, Hawaii Revised Statutes, is amended by amending the definition of "benefit year" to read as follows:
""Benefit year" with respect to
any individual means the one-year period beginning with the first day of the
first week of disability with respect to which the individual first files a
valid claim for temporary disability benefits. A subsequent benefit year is
the one-year period following a preceding benefit year, beginning either [(A)]
with the first [day]:
(1) Day of the first week of disability
with respect to which the individual files a subsequent claim for temporary
disability benefits[,]; or [(B) with the first workday]
(2) Workday following the expiration of the preceding benefit year if a disability for which temporary disability benefits are payable during the last week of the preceding benefit year continues and the individual is eligible for further benefit payments."
SECTION 16. Section 460J-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There shall be a pest control board
of nine members. Six members of the board shall be appointed by the governor;
of which four shall have been for a period of not less than five years
preceding the date of their appointment, licensed pest control operators
actively engaged in the business of pest control; and two shall be public
members. Three members of the board shall serve on an ex officio,
voting basis: the chairperson of the board of agriculture or the chairperson's
representative, the director of health or the director's representative, and
the chairperson of the department of [entomology] plant and
environmental protection sciences of the college of tropical agriculture
and human resources of the University of Hawaii or the chairperson's
representative. No two members of the board shall be employed by or associated
with the same business firm engaged in pest control."
SECTION 17. Section 601-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The chief justice shall possess the following powers, subject to rules as may be adopted by the supreme court:
(1) To assign circuit judges from one circuit to another;
(2) In a circuit court with more than one judge, [(A)]
to [make]:
(A) Make assignments of
calendars among the circuit judges for a period as the chief justice may
determine and, as deemed advisable from time to time, to change assignments of
calendars or portions thereof (but not individual cases) from one judge to
another[,]; and [(B) to appoint]
(B) Appoint one of the judges, for a period as the chief justice may determine, as the administrative judge to manage the business of the court, subject to the rules of the supreme court and the direction of the chief justice;
(3) To prescribe for all of the courts a uniform system of keeping and periodically reporting statistics of their business;
(4) To procure from all of the courts estimates for their appropriations; with the cooperation of the representatives of the court concerned, to review and revise them as the chief justice deems necessary for equitable provisions for the various courts according to their needs and to present the estimates, as reviewed and revised by the chief justice, to the legislature as collectively constituting a unified budget for all of the courts;
(5) To exercise exclusive authority over the
preparation, explanation, and administration of the judiciary budget, programs,
plans, and expenditures, including without limitation policies and practices of
financial administration and the establishment of guidelines as to permissible
expenditures[,]; provided that all expenditures of the judiciary
shall [be in conformance] conform with program appropriations and
provisions of the legislature, and all powers of administration over judiciary
personnel that are specified in title 7; and
(6) To do all other acts that may be necessary or appropriate for the administration of the judiciary."
SECTION 18. Section 603-21.7, Hawaii Revised Statutes, is amended to read as follows:
"§603-21.7 Nonjury cases. The several circuit courts shall have jurisdiction, without the intervention of a jury except as provided by statute, as follows:
[(a)] (1) Of actions or proceedings:
[(1)] (A) For the
determination and declaration of heirs of deceased persons, which jurisdiction
shall be in addition to the probate jurisdiction of the court;
[(2)] (B) For the
admeasurement of dower and curtesy, or the partition of real estate; and
[(3)] (C) For [enforcing
and regulating] the enforcement and regulation of the execution of
trusts, whether the trusts relate to real or personal estate[,];
for the foreclosure of mortgages[,]; and for the specific
performance of contracts[, and]; provided that, except when a
different provision is made, they shall have original and exclusive
jurisdiction of all other cases in the nature of suits in equity, according to
the usages and principles of courts of equity; and
[(b)] (2) Of actions or proceedings in
or in the nature of habeas corpus, prohibition, mandamus, quo warranto, and all
other proceedings in or in the nature of applications for writs directed to
courts of inferior jurisdiction, to corporations and individuals, as may be
necessary to the furtherance of justice and the regular execution of the
law."
SECTION 19. Section 603-36, Hawaii Revised Statutes, is amended to read as follows:
"§603-36 Actions and proceedings, where to be brought. Actions and proceedings of a civil nature within the jurisdiction of the circuit courts shall be brought as follows:
(1) Actions described in section [603-21.5(2)]
603‑21.5(a)(2) shall be brought in the circuit where it is alleged
the penalty or forfeiture was incurred;
(2) Actions in the nature of ejectment or trespass
quare clausum fregit or to quiet title to or partition real property shall be
brought in the circuit in which the real property in question is situated;
provided that if the real property, partition of which is sought, lies in more
than one circuit, the action may be brought in any circuit in which the
[same] real property or any part thereof is situated;
(3) Proceedings concerning trusts and the estates of
decedents, missing persons, protected persons, minors, and incapacitated
persons[,] shall be brought as prescribed by chapter 560;
(4) Applications for writs directed to courts of
inferior jurisdiction or for writs of quo warranto[,] shall be made in
the circuit in which the alleged occasion for relief by any such writ arises;
provided that in case any such writ is necessary in the prosecution or
furtherance of any action or proceeding already begun or pending before any
circuit court, the court before which the action or proceeding has been begun
or is pending may issue the writ even though the alleged occasion for relief
arose in another circuit; and
(5) Actions other than those specified [above]
in paragraphs (1) to (4) shall be brought in the circuit where the claim
for relief arose or where the defendant is domiciled; provided that if
there is more than one defendant, then the action shall be brought in the
circuit in which the claim for relief arose unless a majority of the defendants
are domiciled in another circuit, whereupon the action may be brought in the
circuit where the majority of the defendants are domiciled."
SECTION 20. Section 606-4, Hawaii Revised Statutes, is amended to read as follows:
"§606-4 Custody; disposition of
exhibits. (a) The clerks of the supreme[,] court,
intermediate appellate court, circuit[,] courts, and district
courts shall have the custody of all records, books, papers, moneys, exhibits,
and other things pertaining to their respective courts.
(b) The attorney of the party who
introduced the exhibits or things in evidence or left them in the custody of the
court, or the party, if not represented by any attorney, shall remove them from
the court within six months after the final termination of the action to which
the exhibits or things are related. The clerks shall have the authority and
power, upon the written approval of a judge of the court given in particular
actions or proceedings, to sell, destroy, or otherwise dispose of exhibits and
things marked for identification, other than original files belonging to other
actions, which have come into their possession or custody under this section,
when [such] those exhibits or things have not been already
removed by their owners or by the attorneys representing the owners and when
more than six months has elapsed since the final termination of the action to which
the exhibits or things are related.
(c) All moneys received from sales
under this section shall be [forthwith] deposited with the [state]
director of finance as government realizations."
SECTION 21. Section 607-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) [Anything] Notwithstanding
anything in this section or any other law to the contrary [notwithstanding],
when any process or subpoena is served by a subordinate of the sheriff or chief
of police, it shall be illegal for the sheriff or chief of police:
(1) [if] If and so long as the sheriff
or chief of police is being paid a salary by the State or the county, to
receive or collect from the subordinate any portion of the fees, mileage, or
other expenses collected by the subordinate[,]; or
(2) [if] If and so long as the sheriff
or chief of police is not being paid any salary, to collect or receive from the
subordinate more than ten per cent of the fees accruing from the service, or
any portion of the mileage or other expenses collected by the subordinate.
Where a subpoena is served in behalf of the State or any county by a nonsalaried subordinate of the sheriff or chief of police, the regular fee for the service shall be payable to the subordinate. Nothing in this section shall be deemed to prohibit the police commission of any county from requiring that all fees, mileage, and expenses be paid into a police benefit fund."
SECTION 22. Section 607-14.7, Hawaii Revised Statutes, is amended to read as follows:
"[[]§607-14.7[]]
Attorney's fees, costs, and expenses; judgment creditors. In addition to
any other attorney's fees, costs, and expenses, which may or are
required to be awarded, and notwithstanding any law to the contrary, the court
in any civil action may award to a judgment creditor, from a judgment debtor,
reasonable attorney's fees, costs, and expenses incurred by the judgment
creditor in obtaining or attempting to obtain satisfaction of a money judgment,
whether by execution, examination of judgment debtor, garnishment, or
otherwise. The court may award attorney's fees [which] that it
determines [is] are reasonable, but shall not award fees in
excess of the following schedule:
(1) [25] Twenty-five per cent on
the first $1,000 or fraction thereof[.];
(2) [20] Twenty per cent on the
second $1,000 or fraction thereof[.];
(3) [15] Fifteen per cent on the
third $1,000 or fraction thereof[.];
(4) [10] Ten per cent on the
fourth $1,000 or fraction thereof[.];
(5) [5] Five per cent on the
fifth $1,000 or fraction thereof[.]; and
(6) 2.5 per cent on any amount in excess of $5,000.
The [above] fees shall be assessed on the
amount of judgment, exclusive of costs and all other attorney's fees."
SECTION 23. Section 607-21, Hawaii Revised Statutes, is amended to read as follows:
"§607-21 Expense of bond. Any
receiver, assignee, guardian, trustee, committee, personal representative,
commissioner, or other fiduciary required by law or the order of any court to
give a bond, or other obligation as such, may include as a part of the
lawful and chargeable expense of executing [his] the individual's
trust [such] a reasonable sum, to be paid to a
company authorized under the laws of the State to become surety on [such]
the bond or obligation[,] for becoming [his] the
individual's surety thereon, as may be allowed by the court in which [he]
the individual is required to account, not exceeding one per cent a year
on the amount of the bond."
SECTION 24. Section 624-41, Hawaii Revised Statutes, is amended to read as follows:
"§624-41 Action for. (a)
A person who, before action, [is desirous of perpetuating his] desires
to perpetuate the person's own testimony or the testimony of any other
person, may proceed in accordance with the rules of court or may bring a civil
action in the circuit court of any circuit in which it is fair and equitable to
the parties that the matter be heard, setting forth:
(1) [that] That the plaintiff expects
to be a party to an action cognizable in a court of this State but is presently
unable to bring it or cause it to be brought[,];
(2) [the] The subject matter of the
expected action and [his] the plaintiff's interest therein[,];
(3) [the] The facts [which he] that
the plaintiff desires to establish by the proposed testimony and [his]
the plaintiff's reasons for desiring to perpetuate it[,];
(4) [the] The names of the persons [he]
the plaintiff expects will be adverse parties and their addresses[,];
and
(5) [the] The names and addresses of
the persons to be examined and the substance of the testimony [which he]
that the plaintiff expects to elicit from each; and
praying for an order authorizing the plaintiff to take the depositions of the persons to be examined named in the action, for the purpose of perpetuating their testimony.
(b) Personal service shall be made on the expected adverse parties as in other civil actions. In case service cannot be made in the State, service may be made as provided by sections 634-24 and 634-25, but if an action is brought under this section, service shall not be made by publication."
SECTION 25. Section 633-34, Hawaii Revised Statutes, is amended to read as follows:
"§633-34 Award of costs. In any
action pursuant to this chapter, the award of costs is in the discretion of the
court, which may include therein the reasonable cost of bonds and undertakings,
and other reasonable expenses incident to the action, incurred by either
party. No [attorneys'] attorney's fees or commissions shall be
allowed or awarded under [sections] section 607-14 [and 607-17]
by any judgment of the small claims division."
SECTION 26. Section 634-23, Hawaii Revised Statutes, is amended to read as follows:
"§634-23 Joinder of unknown persons; service when defendant unknown or absent. Where an action or proceeding involves or concerns any property, tangible or intangible, within the jurisdiction of a circuit court, or any legal or equitable estate, right or interest, vested or contingent, in any such property, or any status or res within the jurisdiction of a circuit court:
(1) Any person having a claim, interest, or
concern so as to be a necessary or proper party, who cannot be identified or
whose name is unknown to the plaintiff, may be made party to the action or
proceeding as provided by the rules of court[.];
(2) If a defendant is unknown or does not reside
within the State or if, after due diligence, the defendant cannot be served
with process within the State, and the facts shall appear by affidavit to the
satisfaction of the court, it may order that service be made as provided by
section 634-24 or by publication, as may be appropriate; provided that service
by publication shall not be valid unless[,] it is shown to the
satisfaction of the court that service cannot be made as provided by section
634-24. The affidavit required by this paragraph shall set forth facts based
upon the personal knowledge of the affiant concerning the methods, means, and
attempts made to locate and effect personal service on the defendant and any
other pertinent facts[.];
(3) Service by publication shall be made in at least
one newspaper published in the State and having a general circulation in the
circuit in which the action or proceeding has been instituted, in [such]
a manner and for [such] a time as the court may order, but
not less than once in each of four successive weeks, the last publication to be
not less than twenty-one days prior to the return date stated therein unless a
different time is prescribed by order of the court. If the action or
proceeding concerns real property, the court shall order additional
notice by posting a copy of the summons upon the property[.];
(4) Any adjudication [shall], as regards a
defendant served by publication pursuant to this section, or served as provided
by section 634-24, shall affect only the property, status or res [which]
that is the subject of the action, unless the:
(A) [the defendant] Defendant
appears in the action and defends on the merits, in which case the defendant
shall be liable to a personal judgment with respect to the claim so defended,
including in the case of a foreclosure action a deficiency judgment[,];
or
(B) [the service] Service is
authorized by section 634-25 or other [provision of] law, in which case
the defendant shall be liable to any judgment authorized by [such] that
law[.]; and
(5) Nothing [herein contained] in this
section limits or affects the right to serve any process in any other
manner now or hereafter provided by law or rule of court."
SECTION 27. Section 634-30, Hawaii Revised Statutes, is amended to read as follows:
"[[]§634-30[]]
Organizations and associations, service of process on; judgment. When two
or more persons associate and act, whether for profit or not, under a common
name, including associating and acting as a labor organization or employer
organization, whether the common name comprises the names of the persons or
not, they may sue in or be sued by the common name, and the process shall be
served on any officer, trustee, or agent of the association if [he] an
officer, trustee, or agent can be found, or if no [such] officer,
trustee, or agent can be found as shown by the return of the serving officer,
then upon any one or more members of the association, or as otherwise provided
by rule of court. Any such service constitutes service upon the association.
The judgment in [such] those cases shall accrue to the joint or
common benefit of and bind the joint or common property of the association, the
same as though all members had been named as parties to the action. No
judgment shall be enforceable against any [individual] person or
[his] the person's individual assets unless the:
(1) [he] Person has been joined and
served as an individual party to the action[,]; or
(2) [the judgment] Judgment is so
enforceable pursuant to section 634-3[,] or any other law."
SECTION 28. Section 634-32, Hawaii Revised Statutes, is amended to read as follows:
"[[]§634-32[]] Other
laws not affected. Nothing contained in sections 634-30 and 634-31 shall
be construed to amend or repeal chapter 425 or [433] 432, article 1,
or section 634-3."
SECTION 29. Section 635-12, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Whenever [provision is made by
statute] a statute provides for waiver of a jury, the same shall not
be deemed to preclude trial by jury when, in accordance with the rules of
court[,]:
(1) [an] An order of the court relieves
a party from the party's waiver[,]; or
(2) [approval] Approval of or consent
to the waiver is required in a criminal case and has not been given."
SECTION 30. Section 651-2, Hawaii Revised Statutes, is amended to read as follows:
"§651-2 Writ; issued when. The
plaintiff, in any action upon a contract, express or implied, [may,] at
the time of commencing the action, or at any time afterward before judgment, may
have the property of the defendant, or that of any one or more of several
defendants, which is not exempt from execution, attached in the manner
hereinafter prescribed, as security for the satisfaction of [such] any
judgment [as] that the plaintiff may recover, but no writ of
attachment shall be issued:
(1) [against] Against the State, or any
political municipal corporation, or subdivision thereof[,]; or
(2) [in] In circumstances where
garnishment is authorized under chapter 652."
SECTION 31. Section 651-91, Hawaii Revised Statutes, is amended to read as follows:
"§651-91 Definitions. As used in this subpart:
[(1)] "Head of a family"
includes within its meaning:
[(A)] (1) A man and woman when married,
except as provided in section 651-93[.];
[(B)] (2) Every individual who is
residing on the real property and who has under [his or her] that
individual's care or maintenance, either:
[(i)] (A) [His or her] That
individual's minor child, or minor grandchild, or the minor child of [his
or her] that individual's deceased wife or husband;
[(ii)] (B) A minor brother or
sister, or the minor child of a deceased brother or sister;
[(iii)] (C) A father, mother,
grandfather, or grandmother;
[(iv)] (D) The father, mother,
grandfather, or grandmother of a deceased husband or wife; or
[(v)] (E) An unmarried brother,
sister, or any other of the relatives mentioned in this [subparagraph,] paragraph
who have attained the age of majority[.]; and
[(C)] (3) Head of household as defined
in section 2(b) of the Internal Revenue Code of 1954, as amended.
[(2)] "Long-term lease" means
a lease for twenty years or more.
[(3)] "Owner" means an
individual who has an interest in real property.
[(4)] "Person" means any
individual under sixty-five years of age other than the head of a family.
[(5)] "Real property" consists
of the dwelling house in which the owner resides and one parcel of land not to
exceed one acre, upon which it is situated together with other buildings thereon.
This parcel may be in fee simple or any other interest in real property [which]
that vests the immediate right of possession, even though [such] the
immediate right of possession is not exclusive, and includes land held
under long-term lease, ownership rights in a condominium or stock cooperative
unit."
SECTION 32. Section 651-124, Hawaii Revised Statutes, is amended to read as follows:
"§651-124 Pension money exempt.
The right of a debtor to a pension, annuity, retirement or disability
allowance, death benefit, any optional benefit, or any other right accrued or
accruing under any retirement plan or arrangement described in section 401(a),
401(k), 403(a), 403(b), 408, 408A, 409 (as in effect prior to January 1, 1984),
414(d), or 414(e) of the Internal Revenue Code of 1986, as amended, or any fund
created by the plan or arrangement, or any ABLE savings account established
pursuant to chapter 256B, shall be exempt from attachment, execution, seizure,
the operation of bankruptcy or insolvency laws under title 11 United
States Code section 522(b), or under any legal process [whatever].
However, this section shall not apply to:
(1) A "qualified domestic relations order" as defined in section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, or in section 414(p) of the Internal Revenue Code of 1986, as amended; and
(2) Contributions made to a plan or arrangement within the three years before the date a debtor files for bankruptcy, whether voluntary or involuntary, or within three years before the date a civil action is initiated against the debtor, except for contributions to a retirement plan established by state statute if the effect would be to eliminate a state employee's retirement service credit."
SECTION 33. Section 652-8, Hawaii Revised Statutes, is amended to read as follows:
"§652-8 Execution, when. If the
garnishee fails to appear upon the day and hour of hearing named in the summons
or writ above mentioned, or if having appeared, [he] the garnishee
refuses to disclose upon oath whether [he] the garnishee has
goods or effects of the defendant debtor in [his] the
garnishee's hands, and their nature and value, or whether a debt is due
from [him] the garnishee to the defendant debtor and its
amount, or whether [he] the garnishee has any moneys of the
defendant debtor in [his] the garnishee's possession for
safekeeping, and the amount thereof, the case shall proceed to trial. If the
plaintiff recovers a judgment, execution shall issue at [his] the
plaintiff's request, against the estate of the contumacious garnishee for
the amount of judgment as [his] the garnishee's own proper debt,
and the lawful costs; provided that if it appears that the goods and effects
are of less value, the debt of less amount and the moneys in safekeeping of
less amount than the judgment recovered against the defendant debtor,
judgment shall be rendered against the garnishee to the value of the goods or
the amount of the debt or the amount of the moneys in safekeeping, and if it
appears that the garnishee has no goods or effects of the defendant debtor
in [his] the garnishee's hands, or is not indebted to [him,]
the defendant debtor, or has no moneys in [his] the
garnishee's possession for safekeeping, then [he] the garnishee
shall recover [his] the garnishee's lawful costs. However, if [he]
the garnishee appears and on oath discloses fully whether [he] the
garnishee has in [his] the garnishee's hands the goods or
effects of the defendant debtor, or is indebted to the defendant debtor,
or has in [his] the garnishee's possession moneys of the defendant
debtor for safekeeping, and it appears to the court that [he] the
garnishee has no [such] goods or effects[,] of the
defendant debtor, or is not so indebted, or has no [such] moneys of
the defendant debtor for safekeeping, then judgment shall be given for [him,]
the garnishee, and [he] the garnishee shall recover [his]
the garnishee's lawful costs."
SECTION 34. Section 657-32, Hawaii Revised Statutes, is amended to read as follows:
"§657-32 How computed. If the
right first accrued to any ancestor or predecessor of the person bringing the
action or making the entry, or to any persons from, by, or under whom [he]
the person bringing the action or making the entry claims, the twenty
years shall be computed from the time when the right first accrued to the
ancestor, predecessor, or other persons."
SECTION 35. Section 657-33, Hawaii Revised Statutes, is amended to read as follows:
"§657-33 Action accrues when. In
the construction of this part, the right to make an entry or commence an
action[,] shall be deemed to have first accrued at the following times:
(1) When any person is disseised, [his] that
person's right of entry or action shall be deemed to have accrued at the
time of the disseisin[.];
(2) When [he] any person claims as heir
or devisee of one who died seised, [his] that person's right
shall be deemed to have accrued at the time of the death, unless there is an
estate by the curtesy or in dower, or some other estate intervening after the death
of [such] the ancestor or devisor, in which case [his] that
person's right shall be deemed to have accrued when the intermediate estate
shall expire, or when it would have expired by its own limitation[.];
(3) Where there is [such] an intermediate estate,
and in all other cases, where a party claims in remainder, or reversion, [his]
that party's right so far as it is affected by the limitation herein
prescribed, shall be deemed to accrue when the intermediate or precedent estate
would have expired by its own limitation, notwithstanding any forfeiture
thereof, for which [he] that party might have entered at an
earlier time[.];
(4) Paragraph (3) shall not prevent any person from
entering, when entitled to do so, by reason of any forfeiture or breach of condition,
but if [he] a person claims under such a title, [his] that
person's right shall be deemed to have accrued when the forfeiture was
incurred or condition broken[.]; and
(5) In the cases not otherwise specially provided
for, the right shall be deemed to have accrued when the claimant, or the person
under whom [he] the claimant claims, first became entitled to the
possession of the premises under the title upon which the entry or action is
founded."
SECTION 36. Section 657-35, Hawaii Revised Statutes, is amended to read as follows:
"§657-35 Extension of time by death.
If the person first entitled to make the entry or bring the action dies during
the continuance of any of the disabilities mentioned in section 657‑34,
the entry may be made or the action brought by [his] that person's
heirs, or any other person claiming from, by, or under [him,] the
person first entitled to make the entry or bring the action, at any time
within five years after [his] that person's death,
notwithstanding the twenty years have expired."
SECTION 37. Section 658D-4, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) This chapter shall apply only to the arbitration, mediation, or conciliation of disputes between:
(1) Two or more persons at least one of whom is a nonresident of the United States; or
(2) Two or more persons all of whom are residents of the United States if the dispute:
[(i)] (A) Involves property
located outside the United States;
[(ii)] (B) Relates to a contract
which envisages enforcement or performance in whole or in part outside the
United States; or
[(iii)] (C) Bears some other
relation to one or more foreign countries."
2. By amending subsection (d) to read:
"(d) This chapter shall apply to any arbitration within the scope of this chapter, without regard to whether the place of arbitration is within or without this State:
(1) If the written undertaking to arbitrate expressly
provides that the law of this State shall apply; [or]
(2) In the absence of a choice of law provision applicable to the written undertaking to arbitrate, if that undertaking forms part of a contract the interpretation of which is to be governed by the laws of this State; or
(3) In any other case, if any arbitral
tribunal or other panel established pursuant to section 658D-7 [below]
decides under applicable conflict of laws principles that the arbitration shall
be conducted in accordance with the laws of this State."
SECTION 38. Section 660-20, Hawaii Revised Statutes, is amended to read as follows:
"§660-20 Body to be produced, except
when. The person making the return to a writ of habeas corpus shall bring
the body of the person, if in [his] the custody or power[,]
of the person making the return, or under [his] the restraint
or control[,] of the person making the return, according to the
command in the writ, unless prevented by the sickness or infirmity of the
person. This shall not prevent the person making the return, if a private
person, from demanding in advance actual necessary expenses of travel and
transportation."
SECTION 39. Section 660-23, Hawaii Revised Statutes, is amended to read as follows:
"§660-23 Evading service, penalties.
The liabilities and penalties of section 660-22 shall also be imposed upon any
person who, having in [his] that person's custody or under [his]
that person's power any person entitled to a writ of habeas corpus, with
intent to elude the service of the writ or to avoid the effect thereof,
transfers [such] the person to the custody or places [him]
the person under the control or power of any other person, or conceals [him]
the person or changes [his] the person's place of
confinement."
SECTION 40. Section 660-25, Hawaii Revised Statutes, is amended to read as follows:
"§660-25 Notice to other parties,
when. If the person is detained on any process under which any other
person has an interest in [his] the person's detention, and the
other person or [his] the other person's attorney is within the
State and can be notified without unreasonable delay, the person detained shall
not be discharged until the other person or [his] the other person's
attorney has had an opportunity to be heard."
SECTION 41. Section 661-1, Hawaii Revised Statutes, is amended to read as follows:
"§661-1 Jurisdiction. The several
circuit courts of the State and, except as otherwise provided by statute or
rule, the several state district courts [shall], subject to appeal as
provided by law, shall have original jurisdiction to hear and determine
the following matters, and, unless otherwise provided by law, shall determine
all questions of fact involved without the intervention of a jury[.]:
(1) All claims against the State founded upon any
statute of the State; [or] upon any [regulation] rule of
an executive department; or upon any contract, expressed or implied, with the
State, and all claims which may be referred to any such court by the
legislature; provided that no action shall be maintained, nor shall any process
issue against the State, based on any contract or any act of any state officer [which]
that the officer is not authorized to make or do by the laws of the
State, nor upon any other cause of action than as herein set forth[.];
and
(2) All counterclaims, whether liquidated or
unliquidated, or other demands whatsoever on the part of the State against any
person making claim against the State under this [chapter.] part."
SECTION 42. Section 661-3, Hawaii Revised Statutes, is amended to read as follows:
"§661-3 No jurisdiction, when. No
person shall file or prosecute under this [chapter] part any
claim for or in respect to which [he] that person or any assignee
of [his] that person has pending an action against a person who,
at the time when the claim alleged in the action arose, was, in respect
thereto, acting or professing to act, directly or indirectly, under the
authority of the State."
SECTION 43. Section 661-4, Hawaii Revised Statutes, is amended to read as follows:
"§661-4 Action by alien, when.
Aliens who are citizens or subjects of a government [which] that
accords to citizens of this State the right to prosecute claims against [such]
that government in its courts shall have the privilege of prosecuting
claims against the State under this [chapter.] part."
SECTION 44. Section 661-5, Hawaii Revised Statutes, is amended to read as follows:
"§661-5 Limitations on action.
Every claim against the State, cognizable under this [chapter,] part,
shall be forever barred unless the action is commenced within two years after
the claim first accrues; provided that the claims of persons under legal
disability shall not be barred if the action is commenced within one year after
the disability has ceased."
SECTION 45. Section 661-11, Hawaii Revised Statutes, is amended to read as follows:
"§661-11 Tort claims against State where covered by insurance. (a) This section applies to an action where:
(1) [the] The State is a party
defendant;
(2) [the] The subject matter of the
claim is covered by a primary insurance policy entered into by the State or any
of its agencies; and
(3) [chapter] Chapter 662 does not
apply.
No defense of sovereign immunity shall be raised in an action under this section. However, the State's liability under this section shall not exceed the amount of, and shall be defrayed exclusively by, the primary insurance policy.
(b) An action under this section shall not be subject to sections 661-1 to 661-10."
SECTION 46. Section 663-8, Hawaii Revised Statutes, is amended to read as follows:
"§663-8 Damages, future earnings.
Together with other damages which may be recovered by law, the legal
representative of the deceased person may recover where applicable under
section 663-7 the future earnings of the decedent in excess of the probable
cost of the decedent's own maintenance and the provision the decedent
would have made for [his or her] the decedent's actual or
probable family and dependents during the period of time the decedent
would have likely lived but for the accident."
SECTION 47. Section 663-17, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) A pleader may either:
(1) [state] State as a cross-claim
against a [coparty] co-party any claim that the [coparty] co-party
is or may be liable to the cross-claimant for all or part of a claim asserted
in the action against the cross-claimant; or
(2) [move] Move for judgment for
contribution against any other joint judgment debtor, where in a single action
a judgment has been entered against joint tortfeasors, one of whom has
discharged the judgment by payment or has paid more than the joint tortfeasor's
pro rata share thereof.
If relief can be obtained as provided in this [paragraph]
subsection, no independent action shall be maintained to enforce the
claim for contribution."
SECTION 48. Section 668-8.5, Hawaii Revised Statutes, is amended to read as follows:
"§668-8.5 Adverse claimants.
Unless the action is combined with an action under chapter 669, a person who
has not appeared and who claims to hold by title paramount to that under which
the plaintiff claims as a cotenant shall not be concluded by the judgment, but
may maintain an action asserting [his] that person's title
against any or all of the parties, or persons holding under them, within the
time in which [he] that person might have brought [such] the
action if the action for partition had not been filed."
SECTION 49. Section 835-1, Hawaii Revised Statutes, is amended to read as follows:
"§835-1 Material witness order; defined. A material witness order is a court order:
(1) [adjudging] Adjudging a person a
material witness in a pending criminal action; and
(2) [fixing] Fixing bail to secure the
person's future attendance thereat."
SECTION 50. Act 98, Session Laws of Hawaii 2012, section 3, as amended by Act 102, Session Laws of Hawaii 2015, section 4, is amended to read as follows:
"SECTION 3. This Act shall take effect
upon its approval, and shall be repealed on July 1, 2019; provided that section
46‑15.1, Hawaii Revised Statutes, shall be reenacted pursuant to section
3 of Act 141, Session Laws of Hawaii 2009, and section [11] 23
of Act 96, Session Laws of Hawaii 2014."
SECTION 51. Act 232, Session Laws of Hawaii 2013, is amended by amending section 6 to read as follows:
"SECTION 6. This Act shall take effect
upon its approval[.]; provided that the amendments made to section
334‑59(a), Hawaii Revised Statutes, by this Act shall not be repealed
when that section is reenacted on July 1, 2020, pursuant to section 24 of Act
221, Session Laws of Hawaii 2013."
SECTION 52. Act 55, Session Laws of Hawaii 2014, is amended by amending section 5 to read as follows:
"SECTION 5. This Act shall take effect
upon its approval[.]; provided that the amendments made to section
205‑4.5(a), Hawaii Revised Statutes, by this Act shall not be repealed
when that section is reenacted on June 30, 2019, pursuant to section 3 of Act
52, Session Laws of Hawaii 2014."
SECTION 53. Act 111, Session Laws of Hawaii 2015, is amended by amending section 5 to read as follows:
"SECTION 5. This Act shall take effect on
July 1, 2015[; provided that this Act], and shall be repealed on
July 1, 2020[.]; provided that section 302D-34, Hawaii Revised
Statutes, shall be reenacted in the form in which it read on June 30, 2015."
SECTION 54. Act 114, Session Laws of Hawaii 2015, is amended by amending section 14 to read as follows:
"SECTION 14. This Act shall take effect
upon its approval[.]; provided that the amendments made to section
302D‑34, Hawaii Revised Statutes, by this Act shall not be repealed when
that section is reenacted on July 1, 2020, pursuant to section 5 of Act 111,
Session Laws of Hawaii 2015, as amended."
SECTION 55. Act 235, Session Laws of Hawaii 2015, is amended by amending section 6 to read as follows:
"SECTION 6. Notwithstanding section
432D-23, Hawaii Revised Statutes, the coverage and benefit for autism to be
provided by a health maintenance organization under section [4] 5
of this Act shall apply to all policies, contracts, plans, or agreements issued
or renewed in this State by a health maintenance organization after January 1,
2016."
SECTION 56. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 57. This Act shall take effect upon its approval; provided that section 17 of this Act shall take effect on July 1, 2016.
Report Title:
Revision Bill
Description:
Amends various provisions of the Hawaii Revised Statutes and the Session Laws of Hawaii for the purposes of correcting errors and references, clarifying language, and deleting obsolete or unnecessary provisions. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
