Civil Liberties and the 2008 Hawaii State Legislature
The ACLU of Hawaii was very successful in protecting civil rights and promoting civil liberties in the 2008 Hawaii State Legislative session. Through our Legislative Committee, members and volunteers, we helped to achieved significant advancements for the rights of same-gender and other non-traditional families and worked vigorously to uphold privacy rights and protection from unwarranted searches.
The ACLU of Hawaii monitored hundreds of bills and testified in writing and/or in person on over fifty bills this session. Below are descriptions of some of those bills and links to our testimony, the bill text and/or more information.
If you have comments, concerns, and/or would like more information on how to help the ACLU of Hawaii protect and promote civil rights and liberties in the Hawaii State Legislature, please email our legislative team at legislative@acluhawaii.org or contact Laurie Temple, ACLU of Hawaii Staff Attorney, at (808) 522-5905 or P.O. Box 3410, Honolulu, HI 96801.
AGE DISCRIMINATION
CRIMINAL JUSTICE
DRUG POLICY
EDUCATION
FIRST AMENDMENT
LGBT EQUALITY
OPEN GOVERNMENT
PARENTS AND FAMILIES
POLICE PRACTICES
PRIVACY AND TECHNOLOGY
REPRODUCTIVE FREEDOM
VOTING AND ELECTIONS
WOMEN’S EQUALITY
AGE DISCRIMINATION
Senate Bill 2735 sought to allow minors to consent to entering into emergency shelters or other homeless facilities without requiring a parent or guardian to consent on their behalf.
ACLU Position: Supported
Outcome: Unsuccessful. Passed second reading in Senate, but never received a third hearing in the Senate Committee on Judiciary and Labor.
The ACLU of Hawaii supported SB 2735, introduced by Sen. Chun Oakland, because it will assist many youth needing emergency shelter who simply cannot obtain parental consent and should not be required to have it. Children are entitled to similar rights and social benefits as other citizens and should not be denied necessary services and forced onto the streets.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb2735minorsallowedtoconsentforsheltertestimony.pdf
SB 2735, SD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb2735minorsallowedtoconsentforshelter.pdf
Senate Bill 3202 proposed a constitutional amendment to change the mandatory retirement age from 70 to 80 years for justices and judges appointed after November 4, 2008.
ACLU Position: Supported in part and opposed in part – recommended instead that mandatory retirement age be eliminated altogether.
Outcome: House passed with amendments, Senate disagreed with amendments, died in Conference Committee
The ACLU of Hawaii opposed SB 3202, introduced by Sen. Taniguchi, because any mandatory retirement age necessarily constitutes age discrimination. Although raising the mandatory retirement age is a step in the right direction, the Legislature should attempt to eliminate age discrimination in the judicial system rather than further it.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/sb3202mandatoryretirementageforjudgestestimony.pdf.
SB 3202, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb3202mandatoryretirementageforjudges.pdf.
House Concurrent Resolution 69 sought to establish a task force to review the retirement age for state court justices and judges; the term limits of state court justices and judges; the possibility of establishing a senior judge system for state court justices and judges; and other matters related to judicial accountability and fitness in the state of Hawaii.
ACLU Position: Supported
Outcome: Unsuccessful. House passed, never received a hearing in Senate Committees on Judiciary and Labor and Education
The ACLU of Hawaii supported HCR 69, introduced by Rep. Say, because it presented an opportunity to eliminate age discrimination with the establishment of a task force to review the retirement age for state court justices and judges.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hcr69mandatoryretirementageforjudgestaskforcetestimony.pdf.
HCR 69, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/hcr69mandatoryretirementageforjudgestaskforce.pdf.
CRIMINAL JUSTICE
House Bill 2773 sought to require DNA collection from those arrested on felony charges.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed first reading but never received a hearing from House Committees on Judiciary and Finance. However, on February 22, 2008, the House Committee on Judiciary held an informational briefing on this issue. The ACLU of Hawaii and other interested parties, including Congressperson Abercrombie, a proponent, presented their opinions on DNA testing of arrestees.
The ACLU of Hawaii opposes attempts by the government to expand DNA collection to innocent persons (like HB 2773, introduced by Rep. Marumoto and included in the Women's package). Currently, State and Federal DNA databanks are expanding at an alarming rate. DNA databanks began as crime prevention tools that were originally intended only to track the most dangerous convicted felons; unfortunately, police departments and other law enforcement agencies across the country have begun collecting and permanently storing DNA from arrestees and other innocent persons. This trend not only represents a grave threat to privacy and the Fourth Amendment, but it also turns the legal notion that a person is "innocent until proven guilty" on its head.
For more information, see Issue brief, "A New Era of DNA Collections: At What Cost to Civil Liberties?" by Tania Simoncelli, Science Advisor in the Technology and Liberty Program at the ACLU, and Sheldon Krimsky, Professor of Urban & Environmental Policy & Planning, School of Arts and Sciences at Tufts University, http://www.acluhawaii.org/downloads/08Leg/hb2773dnacollectionissuebrief.pdf.
HB 2773 text: http://www.acluhawaii.org/downloads/08Leg/hb2773dnacollection.pdf.
House Bill 2998 sought to establish a working group to determine what changes to Hawaii law are necessary to comply with the Adam Walsh Child Protection and Safety Act of 2006, a federal law that establishes sex offender registration guidelines.
ACLU Position: No position; requested amendment to bill to name ACLU of Hawaii as a member of the working group.
Outcome: Successfully persuaded Legislature to include ACLU of Hawaii as working group member. However, HB 2998 was ultimately defeated: Senate passed with amendments; House disagreed with amendments; died in Conference Committee.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/hb2998adamwalshworkinggrouptestimony.pdf.
HB 2998, SD 2 text: http://www.acluhawaii.org/downloads/08Leg/hb2998adamwalshworkinggroup.pdf
House Bill 3040 sought to establish the offense of "indecent electronic display" to a child, amend the offense of electronic enticement of a child in the first degree, amend the statute relating to sex offender registration and establish the Adam Walsh Act Compliance Working Group. This Working Group will determine what changes to Hawaii law are necessary to comply with the Adam Walsh Child Protection and Safety Act of 2006, a federal law that establishes sex offender registration guidelines.
ACLU Position: Opposed
Outcome: House and Senate passed; Governor Lingle signed; enacted into law as Act 80. ACLU of Hawaii named as working group member.
The ACLU of Hawaii opposed HB 3040, introduced by Rep. Say and included in the Governor's package, because it is vague and overbroad and will punish more conduct than is appropriate. For example, the definition of "Indecent electronic display" involves intentional "indecent" action over the internet or other electronic device by a person who knows or should know or who has reason to believe that the transmission is viewed on a computer or electronic device by a) a minor known by the person to be under the age of eighteen years; b) another person, in reckless disregard of the risk that the person is under the age of eighteen years, and the other person is under the age of eighteen years; or c) another person who represents that person to be under the age of eighteen years. This definition would make it a crime for one 17-year-old to communicate with another 17-year-old, even if those communications were consensual. Although these teenagers' actions would be perfectly legal if conducted in person, they would, apparently, be illegal if conducted over the internet. We are also concerned that this bill will force individuals convicted of sex offenses+- underground (rather than encouraging them to seek treatment), and will unjustifiably remove discretion from judges to fashion appropriate penalties for offenders. Although the Legislature disagreed with the ACLU on whether to create an additional offense, it allowed the ACLU of Hawaii to be a part of the Adam Walsh Act Compliance Working Group currently analyzing Hawaii's sex offender registration laws.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/hb3040indecentelectronicdisplaytestimony.pdf.
HB 3040, CD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb3040indecentelectronicdisplay.pdf.
House Bill 3042 proposed a constitutional amendment to provide that a witness in a criminal case who asserts self-incrimination privilege may be compelled to testify or provide evidence so long as the testimony or evidence cannot later be used against the witness in a criminal case except for perjury, false statement, or failure to comply with the order to testify.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed first and second readings, but did not receive a third hearing from House Committee on Finance.
The ACLU of Hawaii opposed HB 3042, introduced by Rep. Say and included in the Governor's package, because it would subject a witness to prosecution contrary to the principles behind the Fifth Amendment and the intent of the framers of the Hawaii Constitution.
Testimony of ACLU of Hawaii Legal Director Lois Perrin: http://www.acluhawaii.org/downloads/08Leg/hb3042useimmunitytestimony.pdf.
HB 3042, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb3042useimmunity.pdf.
House Bill 3044 sought to amend Hawaii's Constitution so that in criminal cases, juries could learn of testifying defendants' prior convictions involving dishonesty to the same extent as with any other testifying witness in a criminal case.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed first and second readings, but did not receive a third hearing from House Committee on Finance.
The ACLU of Hawaii opposed HB 3044, introduced by Rep. Say and included in the Governor's package, because it attempted, without a compelling reason, to inhibit the right of the accused to testify in his or her own defense. The bill was an attempt to eviscerate long-standing judicial and common law precedent and erode our due process rights under the United States and Hawaii Constitutions.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/hb3044priorconvictionstestimony.pdf.
HB 3044, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb3044priorconvictions.pdf.
House Bill 3186 sought to require inmates to pay for the civil lawsuits they file in State court and require inmates who have three lawsuits deemed "frivolous" to pay the filing fees prior to filing another lawsuit.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed first and second readings, but did not receive a hearing from the House Committee on Judiciary.
The ACLU of Hawaii opposed HB 3186, introduced by Rep. Say and included in the Governor's package, because it sought to put insurmountable barriers in place for those inmates who have plainly meritorious claims and are seeking redress of fundamental rights.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb3186inmatelawsuittestimony.pdf .
HB 3186 text: http://www.acluhawaii.org/downloads/08Leg/hb3186inmatelawsuits.pdf.
DRUG POLICY
Senate Bill 945 sought to require drug testing of elected officials.
ACLU Position: Opposed
Outcome: Successfully defeated. House passed with amendments; Senate disagreed with amendments; died in Conference Committee.
The ACLU of Hawaii opposed SB 945, introduced by Sen. Hee, because suspicionless mandatory drug testing is discriminatory, an invasion of privacy and a waste of state funds. This exact type of drug testing scheme was struck down by the United States Supreme Court in Chandler v. Miller, 520 U.S. 305 (1997); the Court ruled that elected officials could not be required to undergo drug testing as a condition of taking office.
Testimony by ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/sb945drugtestingelectedofficialstestimony.pdf.
SB 945, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb945drugtestingelectedofficials.pdf.
Senate Bill 3183 sought to require recipients of Med-Quest benefits to submit to random drug testing.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed first reading; deferred by Senate Committee on Human Services and Public Housing.
The ACLU of Hawaii opposed SB 3183, introduced by Sen. Hemmings, because suspicionless mandatory drug testing is discriminatory, an invasion of privacy and a waste of state funds. Further, like a similar Michigan law authorizing suspicionless drug testing of welfare recipients, this law will be found to be an unconstitutional violation of the Fourth Amendment rights of Med-Quest beneficiaries. See Marchwinski v. Howard, 60 Fed.Appx. 601 (6th Cir. 2003), aff'g 113 F.Supp.2d 1134 (E.D. Mich. 2000).
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb3183drugtestingmed-questrecipients.pdf.
SB 3183 text: http://www.acluhawaii.org/downloads/08Leg/sb3183drugtestingmed-questrecipients.pdf.
Senate Bill 3184 sought to require recipients of general assistance, food stamps and temporary assistance to submit to random drug testing.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed first reading; deferred by Senate Committee on Human Services and Public Housing.
The ACLU of Hawaii opposed SB 3184, introduced by Sen. Hemmings, because suspicionless mandatory drug testing is discriminatory, an invasion of privacy and a waste of state funds. Further, like a similar Michigan law authorizing suspicionless drug testing of welfare recipients, this law will be found to be an unconstitutional violation of the Fourth Amendment rights of Med-Quest beneficiaries. See Marchwinski v. Howard, 60 Fed.Appx. 601 (6th Cir. 2003), aff'g 113 F.Supp.2d 1134 (E.D. Mich. 2000).
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb3184drugtestinggovernmentassistancerecipientstestimony.pdf.
SB 3184 text: http://www.acluhawaii.org/downloads/08Leg/sb3184drugtestinggovernmentassistancerecipients.pdf.
EDUCATION
Senate Bill 2140 sought to require the Board of Education to establish an Internet safety policy for minors with respect to the use of computers that have Internet access in public schools and libraries.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed first reading; deferred by Senate Committee on Education
The ACLU of Hawaii opposed SB 2140, introduced by Sen. Chun Oakland, because it sought to violate students' First and Fourteenth Amendment rights. The bill's language was vague and overbroad in that it did not sufficiently explain what internet use is prohibited. Worse, this bill sought to allow individual school officials to censor material based on content, depending on the individual's personal belief as to whether something is "harmful" or "obscene."
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb2140internetsafetypolicytestimony.pdf.
SB 2140 text: http://www.acluhawaii.org/downloads/08Leg/sb2140internetsafetypolicy.pdf.
FIRST AMENDMENT
Senate Bill 2436 sought to strengthen the laws against "cyberbullying" by making harassment by disruptive threats a misdemeanor and making it a crime to remotely harass another person by posting any type of writing or message with the intent to harass, intimidate, terrorize, frighten, or cause mental, emotional, or physical distress to another person.
ACLU Position: Opposed
Outcome: Successfully defeated. House Committee on Judiciary gutted and replaced with a different bill.
The ACLU of Hawaii opposed SB 2436, introduced by Sen. Tsutsui to combat cyberbullying, because it was vague and overbroad and would have criminalized and punished constitutionally protected speech.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/sb2436cyberbullyingtestimony.pdf.
SB 2436 text: http://www.acluhawaii.org/downloads/08Leg/sb2436cyberbullying.pdf.
House Bill 1832 sought to limit the size of outdoor advertising displays on residential property.
ACLU Position: Opposed
Outcome: Successfully defeated. Senate passed with amendments; House disagreed with Senate Amendments; died in Conference Committee
The ACLU of Hawaii opposed HB 1832, introduced by Rep. Caldwell to address concerns about the excessive number of campaign banners, because its time, place, and manner restrictions on outdoor advertising were not reasonable under the First Amendment and would have unconstitutionally restricted political speech. Although the ACLU does not necessarily oppose reasonable restrictions on signs and banners (where the goal is to preserve Hawaii's natural beauty), the bill as written was vague and would have set different speech standards for individuals depending on where they lived.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/hb1832outdooradvertisingtestimony.pdf
HB 1832, CD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb1832outdooradvertising.pdf.
House Bill 1985 sought to make the "criminal trespass in the first degree" statute applicable to public housing projects administered by the Hawaii Public Housing Authority.
ACLU Position: Opposed
Outcome: Successfully defeated. House Committee on Judiciary deferred.
The ACLU of Hawaii opposed HB 1985, introduced by Rep. Rhoads in response to complaints about crime in public housing projects, because it was unnecessary, misguided, and potentially unconstitutional. Restricting access to public housing areas would overextend trespass statutes and violate the free speech and association rights of both tenants and visitors.
Testimony of ACLU of Hawaii Legal Director Lois Perrin: http://www.acluhawaii.org/downloads/08Leg/hb1985criminaltrespasstestimony.pdf.
HB 1985 text: http://www.acluhawaii.org/downloads/08Leg/hb1985criminaltrespass.pdf.
House Bill 2557 sought to protect the disclosure of sources for journalists and newscasters and established exceptions for certain situations.
ACLU Position: Offered comments and supported after Legislature amended bill to address our concerns.
Outcome: Successfully passed. House and Senate passed; Governor Lingle signed; enacted into law as Act 210
The ACLU of Hawaii originally did not fully support and so only offered comments to HB 2557, introduced by Rep. Blake Oshiro, on how to establish a vibrant and meaningful state reporters' shield law. Our comments were offered to ensure that journalists continue to have the tools they need to hold the government accountable to the people and allow the press to continue to inform the public about substantial risks to our health and safety without fear of government persecution. The Legislature took our concerns into account and amended the bill.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb2557mediashieldtestimony.pdf.
HB 2557, CD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb2557mediashield.pdf.
LGBT EQUALITY
House Bill 2656 added reciprocal beneficiaries to the definition of "immediate family" for laws related to campaign contributions.
ACLU position: Supported
Outcome: Successfully passed. House and Senate passed; Gov. Linda Lingle signed; enacted as Act 11.
Since 1997, the Legislature has recognized the need to provide legal protections for same-sex relationships and has created a program that allows any adults who are prohibited by state law from marrying (including both same-sex and different-sex couples) to register as reciprocal beneficiaries. However, registered reciprocal beneficiaries are only granted a limited number of rights retained by married couples and still do not have anywhere near the hundreds of state rights guaranteed to married couples, including divorce and adoption rights.
Just as the ACLU of Hawaii supports legislation granting the same rights to same-sex couples as are given to different-sex couples, we also support legislation imposing the same responsibilities on same-sex couples that are currently required by different-sex couples. Adding reciprocal beneficiaries to the definition of "immediate family" for laws relating to campaign contributions is one small step towards attaining fully equal treatment under the law for all of Hawaii's families. House Bill 2656 was sponsored by Rep. Say.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb2656reciprocalbeneficiariestestimony.pdf.
HB 2656 text: http://www.acluhawaii.org/downloads/08Leg/hb2656reciprocalbeneficiaries.pdf.
OPEN GOVERNMENT
Senate Bill 2341 sought to require out-of-state detention facilities holding Hawaii prisoners under a contract with the State to make public information about the operation of the prison. This bill was introduced because these contracts have never been posted on the Department of Public Safety's website and information concerning these contracts and their enforcement has never been accessible to the public despite the $50,000,000 in public funds expended annually for contracts with a private company to house Hawaii inmates in mainland prisons.
ACLU Position: Supported
Outcome: Unsuccessful. House and Senate passed, Governor vetoed, Senate voted to override, but House voted not to override. Governor's veto stands.
The ACLU of Hawaii supported SB 2341, introduced by Sen. Espero, because it would have increased accountability and transparency in the government and private prison system.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb2341publicinformationfromoutofstatecorrectionalfacilitiestestimony.pdf.
SB 2341, CD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb2341publicinformationfromoutofstatecorrectionalfacilities.pdf.
Senate Bill 2342 sought to require the auditor to conduct performance audits of private prisons on the mainland that have a contract with the State to incarcerate convicted residents of Hawaii. This bill was introduced because the Otter Creek Correctional Facility in Wheelwright, Kentucky and the Saguaro Correctional Facility in Eloy, Arizona have over two thousand Hawaii residents incarcerated in them, yet no state agency has conducted a performance audit to monitor those private contracts and the safety of the Hawaii inmates in those facilities.
ACLU Position: Supported
Outcome: Unsuccessful. House passed with amendments, Senate disagreed with amendments, died in Conference Committee.
The ACLU of Hawaii supported SB 2342, introduced by Sen. Espero, because it would have increased government and private prison accountability and transparency.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb2342privateprisonperformanceaudittestimony.pdf.
SB 2342, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb2342privateprisonperformanceaudit.pdf.
House Bill 2148 sought to require the auditor to conduct performance audits with regard to the issues of service delivery, visitation, and the Department of Public Safety's monitoring of those contracts of private prisons on the mainland that house Hawaii prisoners. The bill was proposed because there has never been an audit of the private mainland prisons that Hawaii has contracted with to house the State's inmates, despite the fact that deaths and serious injuries have occurred at several of the contract prisons on the mainland.
ACLU Position: Supported
Outcome: Unsuccessful. Passed first reading, but deferred by House Committee on Public Safety and Military Affairs.
The ACLU of Hawaii supported HB 2148, introduced by Rep. Evans, because it would have increased government and private prison accountability and transparency.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb2148privateprisonperformanceaudittestimony.pdf.
HB 2148 text: http://www.acluhawaii.org/downloads/08Leg/hb2148privateprisonperformanceaudit.pdf.
House Bill 2956 sought to authorize the Board of Land and Natural Resources and the Department of Land and Natural Resources to make decisions and changes relating to hunting issues without adopting rules pursuant to the Hawaii Administrative Procedures Act.
ACLU Position: Opposed
Outcome: Successfully defeated. House passed; passed first reading in Senate but never received second hearing
The ACLU of Hawaii opposed HB 2956, introduced by Rep. Ito, because it attempted to allow a government agency to circumvent the Hawaii Administrative Procedures Act (which provides Hawaii's residents with notice and an opportunity to be heard as guaranteed by the Due Process Clause of the Fourteenth Amendment). This bill would have eroded Hawaii residents' rights to participate in the public hearing process and vitiated the transparency needed to ensure government accountability.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb2956exemptdlnrfromadministrativeprocedureacttestimony.pdf.
HB 2956, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb2956exemptdlnrfromadministrativeprocedureact.pdf.
House Concurrent Resolution 214 sought to request the auditor to conduct a performance audit of the Department of Public Safety, Mainland and Federal Detention Center Branch on contract compliance of private prisons that house Hawaii inmates to ensure the inmates' safety.
ACLU Position: Supported
Outcome: Unsuccessful. House passed; deferred by Senate Committee on Public Safety.
The ACLU of Hawaii supported HCR 214, introduced by Rep. Marcus Oshiro, because it would help to ensure that inmates' health, safety, and legal rights are maintained by adding some level of accountability to the correctional system.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hcr214dpsmainlandbranchaudittestimony.pdf.
HCR 214, HD 2 text: http://www.acluhawaii.org/downloads/08Leg/hcr214dpsmainlandbranchaudit.pdf.
PARENTS AND FAMILIES
Senate Bill 2318 sought to amend the definition of "familial status" in H.R.S. § 515-2 to specify that a non-parent individual living with minor children must have the written consent of the children's parent in order to qualify for "familial status" under the state housing laws.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed first reading; deferred by Senate Committee on Human Services and Public Housing.
The ACLU of Hawaii opposed SB 2318, introduced by Sen. Ihara, because it discriminated against extended and hanai relatives.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb2318familialstatustestimony.pdf.
SB 2318 text: http://www.acluhawaii.org/downloads/08Leg/sb2318familialstatus.pdf.
Senate Bill 2730 establishes a grandparent preference for out-of-home placement of children needing child protective services.
ACLU Position: Opposed as originally written; made recommendations for substantial amendments to expand preference to blood, adopted or hanai relatives.
Outcome: Successfully persuaded Legislature to include amendments to allow for adopted and hanai families. Senate and House passed; Governor Lingle signed; enacted into law as Act 199.
The ACLU originally opposed SB 2730, introduced by Senator Hanabusa by request and included in the Office of Hawaiian Affairs package, because the bill was unnecessary and would undermine the court's current flexibility in determining child placement. Further, the bill discriminated against extended and hanai relatives. Although the bill passed, the Legislature amended the bill to expand the preference to all blood, adopted, and hanai relatives.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/sb2730grandparentpreferencetestimony.pdf.
SB 2730, CD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb2730grandparentpreference.pdf.
House Bill 2346 makes it a crime for any person to introduce illicit or prescription drugs into a child's body if the drug is not prescribed by a doctor for the child.
ACLU Position: Opposed
Outcome: Successful in part: persuaded Legislature to exempt medical cannabis patients and nursing mothers. Senate and House passed; Lt. Governor Aiona, Acting Governor, signed; enacted into law as Act 81.
The ACLU of Hawaii opposes HB 2346, introduced by Rep. Waters, as overly broad in that it would criminalize a parent for legitimately trying to care for her/his child. Although this bill was enacted into law despite these concerns, the Legislature did amend the bill to exempt medical cannabis patients and nursing mothers.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb2346endangeringwelfareofminortestimony.pdf.
HB2346, CD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb2346endangeringwelfareofminor.pdf.
House Bill 2596 sought to require the Department of Human Services to investigate reports of drug use by a parent or legal custodian in the home of a child within 24 hours, require a parent or legal custodian to be drug free for at least 60 days prior to being allowed visitation with a child, and to participate in substance abuse treatment for at least one year before being awarded full custody of a child.
ACLU Position: Opposed
Outcome: Successfully defeated. House passed; passed first and second reading in Senate but was amended to only establish a task force to examine the issues; never received third hearing in Senate Committee on Judiciary and Labor.
The ACLU of Hawaii opposed HB 2596, introduced by Rep. Chong, because it unjustifiably intruded on parents' fundamental rights. Specifically, the one-year restriction on a parent's right to supervise her/his child is arbitrary and bears no relationship to the parent's fitness to parent; a positive drug test does not necessarily mean that the parent is unfit or that the child is in any danger; rushing to place a child in foster care – rather than maintaining the child with her or his family – is rarely (if ever) in the best interest of a child; and there are insufficient procedural safeguards to protect families' constitutional rights.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/hb2596dhschildcustodytestimony.pdf.
HB 2596, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb2596dhschildcustody.pdf.
POLICE PRACTICES
Senate Bill 2784 authorizes agents of the United States Marshal Service to make arrests under state law.
ACLU Position: Opposed
Outcome: House and Senate passed; Governor signed; enacted into law as Act 95.
The ACLU of Hawaii opposed SB 2784, introduced by Sen. Taniguchi, because it unnecessarily expands police power and the potential for its abuse in Hawaii by giving United States Marshal Service agents the right to arrest individuals under state law without a warrant. Further, it muddies the distinction between state and federal law and authorities and erodes the principles of federalism that our governments are based upon.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb2784usmarshalstestimony.pdf.
SB 2784, CD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb2784usmarshals.pdf.
House Bill 3016 sought to authorize law enforcement officers of the Department of Land and Natural Resources Division of Conservation and Resources Enforcement Program and Narcotics Enforcement Investigators and law enforcement officers in the sheriff's division of the Department of Public Safety to use electric guns ("Tasers") in discharging their duties.
ACLU Position: Opposed
Outcome: Successfully defeated. Senate passed with amendments; House disagreed with amendments; died in Conference Committee.
The ACLU of Hawaii opposed HB 3016, introduced by Rep. Carroll, because of the increasing number of deaths associated with Taser use, the lack of independent studies on several critical safety issues, and the lack of policy governing the use of the weapon.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb3016dlnrtaserstestimony.pdf.
HB 3016, SD 2 text: http://www.acluhawaii.org/downloads/08Leg/hb3016dlnrtasers.pdf.
House Bill 3355 sought to permit county departments of liquor control investigators to possess electric guns ("Tasers").
ACLU Position: Opposed
Outcome: Successfully defeated. House passed; passed first hearing but never received a second hearing in the Senate Committees on Intergovernmental Management and Judiciary and Labor.
The ACLU of Hawaii opposed HB 3355, introduced by Rep. Nakasone, because of the increasing number of deaths associated with Taser use, the lack of independent studies on several critical safety issues, and the lack of policy governing the use of the weapon.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb3355liquorcontroltaserstestimony.pdf.
HB 3355, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb3355liquorcontroltasers.pdf.
PRIVACY AND TECHNOLOGY
Senate Bill 2373 requires electronic logs of pseudoephedrine sales to be made in real time and maintained for 2 years in a form searchable by law enforcement.
ACLU Position: Opposed
Outcome: Unsuccessful. Passed by Senate and House; signed by Governor Lingle; enacted into law as Act 184.
The ACLU of Hawaii opposed SB 2373, introduced by Sen. Gabbard, because it allows for warrantless searches of people's private medical information – simply because they purchased cold & allergy medications. The ACLU of Hawaii also had (and continues to have) serious concerns about the individuals' privacy, insofar as pseudoephedrine purchasers' names, addresses, and social security numbers will be sent over e-mail from retailers to law enforcement personnel (increasing the risk of identify theft for individuals who have done nothing but purchase legal, over-the-counter medications).
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb2373pseudoephedrinelogstestimony.pdf.
SB 2373, CD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb2373pseudoephedrinelogs.pdf.
Senate Bill 3075 sought to grant the Department of Health authority to take samples necessary for epidemiologic investigations despite an individual's refusal to consent. The purpose of the bill was to ensure that investigations conducted for the purpose of determining the existence of disease or series of injuries deemed by the department to threaten the public safety were not impeded by individuals refusing to allow investigators access to property or permission to obtain samples necessary for analysis.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed Senate; passed first and second hearings, but never received third hearing in House Committee on Judiciary.
The ACLU of Hawaii opposed SB 3075, introduced by Sen. Hanabusa and included in the Governor's package, because it threatened to violate individuals' constitutional rights to be free from unreasonable searches and seizures, particularly with regard to bodily searches. The bill also raised the possibility that the property owner or tenant could be subjected to questioning without being read his/her "Miranda" rights. Further, the bill contained language limiting state liability that may be insufficient to protect individuals' rights against unconstitutional government takings.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/sb3075epidemiologicalinvestigationstestimony.pdf.
SB 3075, SD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb3075epidemiologicalinvestigations.pdf.
House Bill 330 sought to make a third and subsequent conviction for "prostitution and loitering to engage in or advance prostitution" a class C felony.
ACLU Position: Opposed
Outcome: Successfully defeated. Deferred by Senate Committee on Judiciary and Labor.
The ACLU of Hawaii opposed HB 330, introduced by Rep. Rhoads, because it sought to violate the privacy rights of individuals and impose criminal sanctions on consenting adults' private sexual conduct.
Testimony of ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/hb330habitualprostitutiontestimony.pdf.
HB 330, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb330habitualprostitution.pdf.
House Bill 2530 sought to require the narcotics enforcement division of the Department of Public Safety to maintain an electronic purchase logbook for sales of pseudoephedrine and related substances.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed by House; never received a hearing in the Senate.
The ACLU of Hawaii opposed HB 2530, introduced by Rep. Mizuno, because it sought to allow for warrantless searches of people's private medical information – simply because they purchased cold & allergy medications.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb2530pseudoephedrinelogtestimony.pdf.
HB 2530, HD 2 text: http://www.acluhawaii.org/downloads/08Leg/hb2530pseudoephedrinelogs.pdf.
House Bill 3002 created a new misdemeanor offense of "habitual solicitation of prostitution," if the person pays, agrees to pay, or offers to pay a fee to another person to engage in sexual conduct, and has two or more specified prior offenses related to prostitution within ten years of the instant offense.
ACLU Position: Opposed
Outcome: Unsuccessful. Passed by Senate and House; signed by Governor Lingle; enacted into law as Act 192.
The ACLU of Hawaii opposes HB 3002, introduced by Rep. Rhoads, because it violates the privacy rights of individuals and imposes criminal sanctions on consenting adults' private sexual conduct.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb3002habitualsolicitationtestimony.pdf.
HB 3002, CD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb3002habitualsolicitation.pdf.
REPRODUCTIVE FREEDOM
Senate Bill 2928 sought to establish a right of conscience for healthcare providers, institutions, and payers who do not want to participate, provide, or pay for medical services that violate their conscience, including abortions, artificial birth control, artificial insemination, assisted reproduction, human cloning, euthanasia, human embryonic stem cell research, fetal experimentation, physician assisted suicide, and sterilization.
ACLU Position: Opposed
Outcome: Successfully defeated. Passed first reading, but deferred by Senate Committee on Health.
The ACLU of Hawaii opposed SB 2928, introduced by Sen. Gabbard, because it failed to balance a religious right of refusal with the need for access to health care and fails to address the burdens people must bear who do not share the objector's beliefs. The threat of imposition on others would be significantly reduced if the law protected only individual – as opposed to institutional – decisions about whether to provide certain health services.
Testimony by ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/sb2928rightofconsciencetestimony.pdf.
SB 2928 text: http://www.acluhawaii.org/downloads/08Leg/sb2928rightofconscience.pdf.
House Bill 466 sought to require a hospital, including a public health facility, to provide information and emergency contraception to a sexual assault victim.
ACLU Position: Supported
Outcome: Unsuccessful. Passed by House; gutted and replaced with another bill by Senate Committee on Health
The ACLU of Hawaii support HB 466, introduced by Rep. Thielen and included in the Women's package, because it would offer women who have been raped the treatment they need to prevent pregnancy.
Testimony by ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hb466emergencycontraceptiontestimony.pdf.
HB 466, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/hb466emergencycontraception.pdf.
VOTING AND ELECTIONS
House Concurrent Resolution 267 sought to request the Office of Elections to provide an informational briefing and demonstration to the appropriate Senate and House committees regarding the operation and use of new electronic voting systems and to provide information prior to contracting to purchase any new voting software or equipment related to any new voting system.
ACLU Position: Supported
Outcome: Unsuccessful. Passed by House; deferred by Senate Committee on Legislative Management.
The ACLU of Hawaii supported HCR 267, sponsored by Rep. Morita, because it would help to guarantee an efficient, accessible and accountable election system that is so critical to democracy.
Testimony of ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hcr267votingsystemstestimony.pdf.
HCR 267, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/hcr267votingsystems.pdf.
WOMEN'S EQUALITY
Senate Bill 2301 sought to extend a term of imprisonment for offenses committed against pregnant women.
ACLU Position: Opposed
Outcome: Successfully defeated. House passed with amendments; Senate disagreed with amendments, died in Conference Committee.
The ACLU of Hawaii opposed SB 2301, introduced by Sen. Sakamoto, because it sought to extend sentences for individuals who "should have known" that the victim was pregnant, a subjective and vague standard.
Testimony by ACLU of Hawaii Senior Staff Attorney Dan Gluck: http://www.acluhawaii.org/downloads/08Leg/sb2301offensesagainstpregnantwomentestimony.pdf.
SB 2301, HD 1 text: http://www.acluhawaii.org/downloads/08Leg/sb2301offensesagainstpregnantwomen.pdf.
House Resolution/ House Concurrent Resolution 16 requests that the United States Congress Ratify the United Nations Convention on the Elimination of All Forms of Discrimination Against Women.
ACLU Position: Supported
Outcome: Successfully passed. House and Senate passed and adopted in final form.
The ACLU of Hawaii supports HR/HCR 16, introduced by Rep. Mizuno, because it encourages the United States government to join 168 other countries in working to eliminate discrimination against women, promote the rule of law, and advance respect for human rights throughout the world.
Testimony by ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hcr16eliminationofdiscriminationagainstwomentestimony.pdf
HCR 16 text: http://www.acluhawaii.org/downloads/08Leg/hcr16eliminationofdiscriminationagainstwomen.pdf.
House Concurrent Resolution 278 sought to request the Mayor, the City Council, and the Department of Parks and Recreation of the City and County of Honolulu to establish and implement a fair and balanced permitting process to ensure that women surfers and bodyboarders are treated equitably in their applications for permits to conduct shore waters events that include surfing and bodyboarding contests for women on Oahu.
ACLU Position: Supported
Outcome: Unsuccessful. Deferred by House Committee on Tourism and Culture.
The ACLU of Hawaii supported HCR 278, introduced by Rep. Magaoy, because it encouraged the Honolulu County government to combat discriminatory treatment of women in the use of state and county recreational areas and to ensure that state and county departments are complying with the United States and Hawaii Constitutions as well as state public accommodations laws.
Testimony by ACLU of Hawaii Staff Attorney Laurie Temple: http://www.acluhawaii.org/downloads/08Leg/hcr278discriminationagainstwomeninsurfingpermitsystemtestimony.pdf.
HCR 278 text: http://www.acluhawaii.org/downloads/08Leg/hcr278discriminationagainstwomeninsurfingpermitsystem.pdf
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