Hearings

Senate Standing Committee on Commerce and Consumer Protection

February 12, 2025
  • Jarrett Keohokalole

    Legislator

    Okay. Good morning and welcome to the Hawaii State Senate Committee on Commerce and Consumer Protection. We are here for our Wednesday, February 12, 2025 9:30am decision making agenda in room 229 at the state capitol to make recommendations and vote on three measures that were heard last week and action was deferred until today.

  • Jarrett Keohokalole

    Legislator

    So the first measure is SB 146, relating to condominiums. The recommendation on this measure is to pass with amendments. We will make grammatical corrections on page two, line one, changing of to or. We will adopt three proposed amendments that were submitted in Anne Anderson's testimony.

  • Jarrett Keohokalole

    Legislator

    The first is to section three, requiring qualifications of mediators, arbitrators and evaluators to have five years of experience as a licensed attorney. Changes to Section 5 to include disputes between associations and managing agents as well.

  • Jarrett Keohokalole

    Legislator

    And changes to Section 11 of the bill, which are on page 36, line 2, that the unit owner's right to a refund of association fees or assessments already paid shall be determined by the early neutral evaluator.

  • Jarrett Keohokalole

    Legislator

    There are also some technical, non substantive changes and we will defect the effective date of the measure to July 1, 2050 to further discussion. Members, any comments or questions? Okay. If not, Vice Chair passing with amendments. Chair votes I.

  • Carol Fukunaga

    Legislator

    Thank you. Vice Chair also votes I. Senator McKelvey is excused. Senator Richards, Senator Awa. Measure is adopted. Thank you.

  • Jarrett Keohokalole

    Legislator

    Thank you. The next measure is SB 147 relating to condominiums. The recommendation on this measure is to pass with amendments as well. We will again adopt several changes proposed by Anne Anderson, which is filed in the testimony packet with this bill.

  • Jarrett Keohokalole

    Legislator

    The first is in Section 2, page 3, lines 1 to 7 that clarify that the right of a person to file a complaint in the Small Claims Division of the district court accrues only after an appeal, if initiated properly, has reached final disposition. So we're proposing multiple remedies in these disputes.

  • Jarrett Keohokalole

    Legislator

    They need to exhaust all of those remedies before going to small claims. And also adopt amendments to Section 5, page 19, lines 18 and 19, clarifying that although the association is prohibited from collecting the contested assessment, it does have a right to file a lien.

  • Jarrett Keohokalole

    Legislator

    We also have some technical, non substantive changes that we'll be adding to the measure and will also defect the effective date of the bill to July 1, 2050 to further discussion on the matter. Members, any comments or questions? Okay. If there are none. Vice Chair passing with amendments. Chair votes I.

  • Carol Fukunaga

    Legislator

    Thank you. Of the members present, are there any voting with reservations or objections? Hearing none, your measure is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. The final measure on this decision making agenda is SB 1166, relating to insurance. The recommendation on this measure is to pass with amendments as well.

  • Jarrett Keohokalole

    Legislator

    We'll delete the language that would have required insurers to bring claims against responsible parties and condition rates upon their agreement to bring claims and we'll instead insert language that encourages rather than requires them to do such. We'll also insert language establishing a private cause of action against responsible parties and authorizing insurers to bring actions under certain conditions.

  • Jarrett Keohokalole

    Legislator

    We'll insert definitions for climate disasters, extreme event attribution science, extreme weather or other event attributable to climate change, fossil fuel products impact, attribution science and responsible party.

  • Jarrett Keohokalole

    Legislator

    And we'll also insert language that requires the HPIA to submit a report to the insurance commissioner that includes an explanation of why it may not have chosen to exercise its direct action rights against responsible parties.

  • Jarrett Keohokalole

    Legislator

    There are some clarifications to the limitations on the applicability of this measure that we'll be making and corresponding changes to the preamble and purpose section and will defect the effective date of the measure to July 1, 2050. I think we also have some technical, non substantive changes as well. Members, any discussion? Okay.

  • Jarrett Keohokalole

    Legislator

    If not, passing with amendments. Chair votes I.

  • Carol Fukunaga

    Legislator

    Thank you. Of the members present, any voting with reservations or objections?

  • Jarrett Keohokalole

    Legislator

    No.

  • Carol Fukunaga

    Legislator

    Thank you. Measure is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. We're adjourned.

  • Jarrett Keohokalole

    Legislator

    Good morning and welcome to this 9:32am agenda in the Hawaii State Senate Committee on Commerce and Consumer Protection. It's Wednesday, February 12, 2025 in Conference Room 229. This is a regular hearing on two measures being streamed live on YouTube.

  • Jarrett Keohokalole

    Legislator

    In the unlikely event that we experience technical difficulties and need to abruptly end this hearing, we will come back in this time slot, this 90 minute time slot which goes until 11am and the reason for that is we are on a deadline this week and these bills need to be heard and recommendations made in order for them to proceed in the process.

  • Jarrett Keohokalole

    Legislator

    Okay, we'll move to the first measure, SB 985 relating to consumer protection. This measure establishes a new gift card fraud law under the scope of Unfair and Deceptive Protection Practices law which requires merchants and third party gift card resellers to take certain steps to prevent gift card scams. First up, DCCA Office of Consumer Protection. Okay.

  • Jarrett Keohokalole

    Legislator

    Rosie Davis in support online. Good morning.

  • Rosie Davis

    Person

    Aloha. Good morning. I'm a victim of gift card fraud. I always thought I wouldn't be somebody that would be affected by it, but I was. And there's a lot of kupuna like myself, that are being affected here in Hawaii.

  • Rosie Davis

    Person

    I believe that measures need to be taken to take the gift cards and put them in displays for the retailers, I think the cost would be minimum. Since I think gift cards brings a lot of economic stability and a lot of commerce for the retailers nowadays.

  • Rosie Davis

    Person

    There's so many that are able to take those gift cards and they're not really packaged other than sitting on a rack as a plastic card. For me, I was lucky. It wasn't a lot of money, but I know that a lot of the people that I associate with are Kupuna, and it is a lot of money.

  • Rosie Davis

    Person

    And I think we have to look at the bigger picture. This starts to evolve on all the other things, spamming, of just fraud itself. There's always finding new ways. They're always a step ahead of us.

  • Rosie Davis

    Person

    But I believe if the retailers would take some appropriate measures and just do a little bit of packaging, better packaging on these gift cards, put a display where the cashiers are at. I do believe that maybe we can start to begin the process here for Hawaii.

  • Rosie Davis

    Person

    I think that it would be great if you could please support this bill. We need some kind of protection. Thank you very much. Aloha.

  • Jarrett Keohokalole

    Legislator

    Thank you. Next up, we have the Retail Merchants of Hawaii in opposition online.

  • Tina Yamaki

    Person

    Aloha. Good morning. I'm Tina Yamaki with the Retail Merchants of Hawaii. And we appreciate the intent of this bill, but we are opposing it. You know, having retailers having to put them behind locked cases and stuff, it does cost a lot of money.

  • Tina Yamaki

    Person

    Every retail space does have a dollar amount, and it's not going to deter these guys or these crumbs from criminalizing or, you know, frauding these gift cards. I think what needs to be done better and we're finding out is every time we try to build a better mousetrap, they find a way to actually circumvent around it.

  • Tina Yamaki

    Person

    What we need is stricter laws because right now there's no real penalty. This is kind of seen as a nonviolent crime, so it's not really prosecuted harshly. But I think if we have harder penalties, you're going to see the crime rate go down. We are working with law enforcement, with advanced technology, employee training, and public education campaigns.

  • Tina Yamaki

    Person

    I'll be available for comments. Thank you.

  • Jarrett Keohokalole

    Legislator

    Thank you, Ms. Yamaki, and thank you for adjusting your mic. You came in a lot better once you did that.

  • Jarrett Keohokalole

    Legislator

    Sorry.

  • Jarrett Keohokalole

    Legislator

    Next is AARP in support. Okay. Rochelle Castro in support online.

  • Unidentified Speaker

    Person

    Not available on Zoom Chair.

  • Jarrett Keohokalole

    Legislator

    Thank you. We also have written testimony from the following individuals who all submitted written comments in support of the measurements. Chadlin Hirata, Kamala Davis, Jean Ross Davis, Faith Tuipolotu, Iolani Kuoha, Alexa Dudwa, Virginia Mendoza, Artie Mayojo, Robert Castro, Leslie Flores, Sergio Quiroz, Paige Dion Bringheto, Elisa Flores, Sherry Sasada.

  • Jarrett Keohokalole

    Legislator

    And late testimony from Faith Blalock and Peter Flores, both in support. Is there anyone else who would like to testify?

  • Unidentified Speaker

    Person

    Sorry, Chair. Rochelle Castro just joined on Zoom, as well as another testifier, Alexa De Doig.

  • Jarrett Keohokalole

    Legislator

    Okay, whoever's ready.

  • Alexa Dudoit

    Person

    Aloha everyone. My name is Alexa. I'm. I'm in support of bill SB 985, and I'm in support of this because I believe it will help protect our consumers in Hawaii. Although, yes, I. I do agree that maybe there needs to be some kind of a penalty for this action against people who are. Who create these frauds on the gift cards.

  • Alexa Dudoit

    Person

    I also think that this is the only bill that has been brought forth in Hawaii to circumcise the. This. The crime of gift cards. Again, I am in support of SB 985. Thank you.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. Ms. Castro, we have you online. Are you ready? We can't see you, but we see you.

  • Unidentified Speaker

    Person

    Chair. It looks like she's having difficulties connecting to audio.

  • Jarrett Keohokalole

    Legislator

    Bummer. Maybe we'll take questions while. Ms. Castro, if you come online, then just raise your voice so that we can hear you, and then we can. We'll try and take your testimony. Vice Chair.

  • Carol Fukunaga

    Legislator

    For questions for retail merchants. You know, in your testimony, you talked about the difficulties of either new packaging or different ways of holding these gift cards. Would your organizations support changes to the bill that focus primarily on enforcement?

  • Tina Yamaki

    Person

    Enforcement we would support. Enforcement we would support. We got to understand that a lot of gift cards come from the mainland, you know, for a lot of these national companies. So we don't have a say in that. Hawaii is such a small market compared to the rest of the nation that they're not going to change the packaging just for us.

  • Tina Yamaki

    Person

    Okay, thank you.

  • Jarrett Keohokalole

    Legislator

    Members, any other questions?

  • Rosie Davis

    Person

    I have a question. Can you hear me?

  • Jarrett Keohokalole

    Legislator

    Sorry. At this portion of the measure, we've taken testimony, and this is the opportunity for the members of the committee to ask questions of testifiers. If Ms. Castro is ready, we will take her testimony because she's been unable to get on Zoom. We also have your written testimony in support for the record.

  • Jarrett Keohokalole

    Legislator

    So if you're unable to get on, then I'm really sorry, but we do have you noted in support for the record. Yeah, I think we're gonna need to move on. We can come back if you. If you get it sorted out and are able to testify.

  • Jarrett Keohokalole

    Legislator

    If there are no other questions, Members, we'll move on to the next measure, which is SB 1525, relating to health. This measure requires electronic smoking device and e-liquid manufacturers to submit certifications with the Department of Taxation annually stating that the manufacturer's products comply with federal regulations.

  • Jarrett Keohokalole

    Legislator

    It also requires the Department of Taxation to maintain a directory of manufacturers of electronic smoking devices and e-liquids whose certifications the Department approved and imposes penalties. Attorney General's Office in opposition online. Oh, in the room. Good morning.

  • Chelsea Okamoto

    Person

    Good morning. Morning, Chair, Vice Chair, and Members of the Committee. My name is Chelsea Okamoto. I'm a Deputy Attorney General assigned to the Tobacco Enforcement Unit, and thank you for the opportunity to testify. You have our written testimony. Our Department is unfortunately in opposition to this bill.

  • Chelsea Okamoto

    Person

    On the surface, the bill does appear to be a solution to rid the market of illegal vape products, specifically the ones that do not have that FDA PMTA process that they've engaged in, and that's mandatory by law. And unfortunately, as we noted in our testimony, this bill is an instance where the industry wants to have its cake and eat it too.

  • Chelsea Okamoto

    Person

    The industry wants to keep out the competition of those who haven't done their homework, haven't done the PMTA process, but they want to remain in the market if they have a pending PMTA, which the FDA has clearly stated there's no safe harbor for those products that are pending.

  • Chelsea Okamoto

    Person

    So this bill creates a clear conflict with that federal law under the Tobacco Control Act. As of this morning, the FDA has only authorized 34 e-cigarettes under the Tobacco Control Act. And they publicly stated if it's not on that list of 34 products, then it should not be on the market, and so that they shouldn't be selling it if they're pending.

  • Chelsea Okamoto

    Person

    Our written testimony also notes potential violations of the Commerce Clause of the US Constitution due to that requirement of that $25,000 bond for out of state and foreign manufacturers. We also note an issue with that notice requirement and that opportunity here in the bill.

  • Chelsea Okamoto

    Person

    If the product receives that marketing denial order, it'll create a pocket of time where they're still allowed to be in the market in Hawaii, but they should have been removed from the market under federal law. We also note an issue with that definition of e-liquid.

  • Chelsea Okamoto

    Person

    Currently in Chapter 245, e-liquid can be a product that has nicotine or without nicotine, and this product kind of the bill kind of mixes up both of those definitions. And lastly, we defer to the Department of Taxation regarding the administration of this bill. We ask that the bill be held for now, and we're available for questions, and thank you again for letting us testify.

  • Jarrett Keohokalole

    Legislator

    Thank you. Department of Taxation with comments. Good morning.

  • Winston Wong

    Person

    Good morning, Chair, Vice Chair, Members of the Committee. Winston Wong on behalf of the Department of Taxation. The Department has submitted comments and written testimony on this bill, so we stand by those. But just to highlight it, the Department does not think that it can administer the administration and the enforcement duties in this bill for a number of reasons.

  • Winston Wong

    Person

    First of which is that historically the Department has been concerned with the contract collection of revenues, not the regulation of tobacco products and whether or not they're in compliance with federal law. The Department would recognize revenue based on any sale, whether it's legal, illegal. Our duties are to collect revenues as they see fit under the law and under the laws as they're written.

  • Winston Wong

    Person

    However, under this proposal, the Department would instead be tasked with investigating whether or not products have received federal approval, whether they've gone to the appropriate processes, and then also enforce a directory and ensuring that products that don't have that proper certification are taken off the shelves. This is historically inconsistent with the Department's duties in administrating the tobacco, the tobacco tax laws.

  • Winston Wong

    Person

    Normally, we just look and see whether or not retailers and wholesalers and dealers have their licenses, whether or not tobacco products are stamped. But otherwise, we're really not equipped. We don't have the subject matter expertise with our auditors, our investigators, to have them going out and searching for...

  • Winston Wong

    Person

    Searching for these products and whether or not they're federally certified, and also to verify whether or not statements that are submitted by manufacturers are actually in compliance with federal law. I'm available for comments, and I mean available for questions thereafter. Thank you.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. Office of Information Practices with comments. Department of Health in opposition. Good morning.

  • Lola Irvin

    Person

    Good morning. Good morning, Chair Keohokalole and Vice Chair Fukunaga and Member Richards. I'm Lola Irvin representing Director Kenny Fink for the Department of Health, and the Department of Health respectfully opposes SB 1525. We really appreciate this Committee reviewing the policy and allowing testimony so we can consider whether a policy would work.

  • Lola Irvin

    Person

    And from a public health perspective, we see that this policy proposed would not keep the products that are on the market off the market. Right. And so even if someone has, a company has submitted a premarket tobacco product application, it doesn't mean that it's approved or authorized to be on the market.

  • Lola Irvin

    Person

    But what we are seeing, and we are having reported to us is is that the youth still have access to these flavored products. There are only 34 products that have received authorization to be on the market, and so this actually sets a threshold that's much lower. And so we don't see that it would actually protect our young consumers. And so we respectfully oppose this bill, and thank you for the opportunity to provide testimony.

  • Jarrett Keohokalole

    Legislator

    Thank you. The Hawaii Public Health Institute in opposition. Good morning.

  • Kevin Ramirez

    Person

    Good morning. Aloha and good morning, Chair, Vice Chair, and Members of the Committee. My name is Kevin Ramirez. I'm the Program Manager for the Coalition for Tobacco Free Hawaii, which is a program of the Hawaii Public Health Institute, here to testify in opposition to SB 1525. Since 2017, youth use of electronic smoking devices have soared, reaching epidemic proportions by 2020. It's clear that something must be done about this problem, but SB 1525 is a poor solution.

  • Kevin Ramirez

    Person

    What this bill proposes is not only a waste of state resources, but is unnecessary and duplicative. It's a waste of state resources to establish and maintain an electronic smoking device and e-liquid directory when the FDA already has one. The FDA has been publishing a list of authorized e-cigarette products for years, and currently there are only 34 products on that list. These are the only products that are lawfully for sale, and all other products should be taken off the market.

  • Kevin Ramirez

    Person

    SB 1525 would actually allow hundreds, if not thousands, of unauthorized e-cigarette products to be sold, as the bill allows manufacturers whose applications are still under FDA review to be part of the directory. When it comes to our youth vaping epidemic, there are many factors at play.

  • Kevin Ramirez

    Person

    But the biggest factor that is driving our youth vaping epidemic is flavors. SB 1525 would have no impact on removing flavored tobacco products. Thank you for the opportunity to provide testimony opposing SB 1525. We respectfully ask you to defer this measure. Thank you.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. I thought I saw Ms. Castro pop up there for a second. Did you get your Zoom fixed? We'd be happy to take your testimony.

  • Rochelle Castro

    Person

    Senator Keohokalole and Committee Members, can you hear me?

  • Jarrett Keohokalole

    Legislator

    Please go ahead. We can't see you, but we can hear you, so go ahead.

  • Rochelle Castro

    Person

    Okay, perfect. Okay. So, yeah, I'm here in strong support of SB 985, and I heard the opposition. So the thing with it is it's going to cost them a little bit of money compared to the kupuna. Not only kupuna, but the Hawaii residents that are scammed over $100 million in 2024 alone.

  • Rochelle Castro

    Person

    That is worth a further layer of protection to further deteriorate scammers. These are not only Americans that scam Americans, they're international. So it affects them from they cannot pay for housing, so rent, food, medications, and basic necessities. They particularly scam kupuna, the largest age demographic that is scammed with dementia, Alzheimer's, because they know they can be taken advantage of. If the gift cards are in case, which does shouldn't cost a lot of money.

  • Rochelle Castro

    Person

    You would think they'd be more interested, like I said, in protecting Hawaii's citizens and residents. If they were encased or stored behind the counter proper, you know, verbal, they can make an informed decision whether or not use it at their discretion to further if they want to purchase those gift cards or not. It can and it will be a further deterrent to scammers. I've heard these calls live, and I really have faith that you'll make the right decision. Thank you for your time and thank you for your patience. I greatly appreciate that. Mahalo Nui.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. So again, just a note for everyone who's here on the next bill. That was Rochelle Castro submitting testimony on SB 985, which we allowed her to come back and testify on because of Zoom difficulties. So we're back on the main measure that we're taking testimony on, SB 1525. And the next testifier is the Retail Merchants of Hawaii in opposition.

  • Tina Yamaki

    Person

    Aloha and good morning. I'm Tina Yamaki with the Retail Merchants of Hawaii. And yes, we are opposed to this measure the way it's written right now. There's not a lot of manufacturers based in Hawaii, and local retailers will most likely be the ones who ultimately bear the responsibility of ensuring compliance.

  • Tina Yamaki

    Person

    If manufacturers do not submit the required certifications, their products could be prohibited from sale, hurting local businesses and pushing consumers towards the unregulated market. And we also want to point out that, no matter what, but products that are not certified by the Food and Drug Administration ultimately get sold on the black market, and that's where a lot of people are getting these things illegally. Thank you. I'll be around for questions.

  • Jarrett Keohokalole

    Legislator

    Thank you. Tax Foundation of Hawaii with comments. Good morning.

  • Jade McMillen

    Person

    Good morning. This is Jade McMillen on behalf of Tom Yamachika and the Tax Foundation of Hawaii. We've submitted some comments on the measure. Our comments note that we got the Department of Taxation as the appropriate institution to monitor this program, as they may not have the institutional expertise, and another department would likely be more appropriate. Thank you.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. We also have written testimony submitted by B.A. McClintock in support. Jessica Chang in opposition. The University of Hawaii Cancer Center in support. Hawaii COPD Coalition in opposition. Hina Mauka in opposition. Wawa Village Market in support. R&K Liquor in support. Bionic Petroleum in support. The American Cancer Society Cancer Action Network in opposition.

  • Jarrett Keohokalole

    Legislator

    Late testimony from Hee Nam Hwang of Number One Store in support. Ken Yonemitsu of Ala Wai Service in opposition. And the following individuals who submitted written testimony, all in opposition. Shelly Ogata, Forrest Batz, Julian Lipsher, Jake Watkins, Linda Weiner, Bryan Mih, Shani Carvalho, Don Weisman, Valerie Smalley, Sabrina Spencer, and Malia Lehua Ball.

  • Jarrett Keohokalole

    Legislator

    Is there anyone else who would like to testify? Members, questions? Okay. If there are no questions from the members, I'm prepared to make recommendations. Okay, so we'll move back to the first measure, SB 985. The recommendation on this measure is to keep the measure moving.

  • Jarrett Keohokalole

    Legislator

    We'll pass with amendments defecting the effective date to July 1, 2050 to allow further discussion. I do hear the request for changes in the penalties by the Retail merchants of Hawaii and note that this measure proceeds to the Judiciary Committee for its next referral. Members, any discussion? Seeing none. Vice chair passing with amendments. Chair votes aye.

  • Carol Fukunaga

    Legislator

    Thank you. Of the CPN members present, are there any voting in the with reservations or in opposition?

  • Brenton Awa

    Legislator

    No.

  • Carol Fukunaga

    Legislator

    Okay. Thank you, Senator Awa. All others in the affirmative. Your measure is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. And the next measure is SB 1525, related to health. Noting the significant amount of opposition testimony on this measure. The recommendation, without objection, is to defer. Okay.

  • Jarrett Keohokalole

    Legislator

    Seeing none, we will adjourn this agenda.

  • Joy San Buenaventura

    Legislator

    Recalling the- the current 9:30 calendar for CP- HHS CPN joint calendar. Recalling the deferred calendar from yesterday at HH from 9:45. Continuing on with that calendar, we are at SB 1150 in the middle of testimony.

  • Joy San Buenaventura

    Legislator

    And in the event that those on Zoom, we have a catastrophic- cata- catastrophic failure, in order for this to pass, we just end up having to move it to the end of the calendar. Otherwise, the- the bills heard today won't be able to pass lateral. So.

  • Joy San Buenaventura

    Legislator

    So hopefully, those who want to testify will be able to testify and have registered to testify. First up for SB 1150, for those who have registered and have not been called, we have Eric in opposition. Are you on Zoom, Eric?

  • Unidentified Speaker

    Person

    Not available on Zoom Chair.

  • Joy San Buenaventura

    Legislator

    Alissa Nelson in support on Zoom. Are you present, Alisa?

  • Alissa Nelson

    Person

    Present, ma'am.

  • Joy San Buenaventura

    Legislator

    Proceed, you have one minute.

  • Alissa Nelson

    Person

    Aloha and mahalo to the committee chair and vice chair for continuing testimony on this bill this morning. I'm testifying as the wife of a trans non, binary person. Over our 10 years together, I've seen every flavor of challenge for my spouse to receive health care.

  • Alissa Nelson

    Person

    One of the best things that we have found here in Hawaii is medical providers who take an approach of aloha with respect, grace, patience and kindness that we all wish for in our doctors.

  • Alissa Nelson

    Person

    With this bill, SB 1150, we are merely asking that healthcare providers be permitted to continue to practice that aloha without fear of outside entities interfering with specious claims of harm. This bill does not exempt providers from all of the mandated reporting laws governing response to child abuse or trafficking.

  • Alissa Nelson

    Person

    But living in shame is harmful, and living into your full humanity helps all of us. Mahalo for the time today.

  • Joy San Buenaventura

    Legislator

    Okay, thank you very much. Next we have Julie Warrick on- in support on Zoom. Julie, are you present?

  • Unidentified Speaker

    Person

    Not available on Zoom chair.

  • Joy San Buenaventura

    Legislator

    Next we have Tee Chang in support on Zoom. Are you present, Tee Chang?

  • Unidentified Speaker

    Person

    Also not available on Zoom.

  • Joy San Buenaventura

    Legislator

    Isabella Reinfeld in support on Zoom. Are you present, Isabel?

  • Unidentified Speaker

    Person

    Also not available on Zoom, chair.

  • Joy San Buenaventura

    Legislator

    Lastly, we have Mary Healy in opposition on Zoom. Mary Healy, are you present?

  • Unidentified Speaker

    Person

    Also not available on Zoom.

  • Joy San Buenaventura

    Legislator

    Okay. No one else having registered to testify and who have already testified. Members, are there any questions?

  • Tara Gregory

    Person

    I registered to testify.

  • Joy San Buenaventura

    Legislator

    Your name?

  • Tara Gregory

    Person

    My name is Tara Malia Gregory.

  • Joy San Buenaventura

    Legislator

    Excuse me. Tara Gregory?

  • Tara Gregory

    Person

    Yes, ma'am.

  • Joy San Buenaventura

    Legislator

    Okay. Why don't you come on up? I don't have you as having read. Oh, late testimony.

  • Tara Gregory

    Person

    I'll be one minute. Thank you for taking me.

  • Tara Gregory

    Person

    Alright.

  • Tara Gregory

    Person

    Aloha Kakou. My name is Tara Malia Gregory. Mahalo for the time to speak today. I strongly oppose SB 1150 as written. With education and applied research from Vanderbilt University and child development in neuroscience, I request you defer this bill with amendments. As written, the bill indemnifies individuals and healthcare providers from legal accountability.

  • Tara Gregory

    Person

    Yesterday, multiple doctors and testifiers emphasized this is not about surgery. I agree. It's crucial we offer all keiki. Proper solutions and support. On page two, lines four to six, gender affirming care ambiguously states medically necessary health care, which may include gender reassignment surgery. Also stated on page 191 offering surgical services.

  • Tara Gregory

    Person

    I propose the bill language to be changed to necessary emotional and psychological services to all patients, not including gender reassignment surgery until emerging adulthood. Hundreds of peer review studies, including the Journal of Neuroscience, show that white matter in the frontal cortex, crucial for decision making and impulse control. No problem. Mahalo for listening. I appreciate it.

  • Joy San Buenaventura

    Legislator

    Ayunalani Shintani. Okay, we have. Why don't I mention the ones that have registered also? Okay. Just to make sure. Nalani Shintani, are you present? And you are? Kalani Wood. We don't have you, but come on up. You've got one minute. Please take your full name.

  • Kalani Bright

    Person

    Aloha, my name is Kalani Bright. Sorry. Yeah, so I'm testifying in support of- of the bill. It's been misrepresented with manufactured hysteria that these- that somehow, like, kids are being trafficked and harmed and, you know, forced to transition and all of these ludicrous things. We're basically talking about psychological services and hormonal blockers.

  • Kalani Bright

    Person

    Hormonal blockers have been used safely for more- more than half a century. If you can imagine an infant going through puberty or somebody as young as 7 years old going through puberty, it's used to safely delay their puberty until they should be having their puberty.

  • Kalani Bright

    Person

    In the case of trans kids, it's to delay their puberty, usually until adulthood, until they can make the proper decisions. This- The Republican states have attacked families, and this is Hawaii. We need to protect families. It's no coincidence that the first and the last. The coral polyp.

  • Joy San Buenaventura

    Legislator

    I'm sorry. Sorry. Otherwise, we need to move on because this was already yesterday.

  • Unidentified Speaker

    Person

    Yeah, the coral.

  • Joy San Buenaventura

    Legislator

    Sorry. Thank you very much. Okay. No one else having registered to testify. Members, any questions? If not, moving on. Next bill is SB 1429, relating to medical cannabis. First up, we have Department of Health in support. Thank you very much. Ty Cheng, Aloha Green Holdings Inc. Providing comments. Ty Cheng, are you present on Zoom?

  • Ty Cheng

    Person

    I am, thank you. Chair. Vice Chair. We're standing on our written comments. Thank you so much.

  • Joy San Buenaventura

    Legislator

    Thank you very much. Clifton Otto, Akamai Cannabis Consulting. Providing comments. Are you present? Please proceed. You have one minute.

  • Clifton Otto

    Person

    Yes. Good morning, chairs, vice chairs, members of the committee. Dr. Clifton Otto. You have my written testimony. I just wanted to add that this is a very important bill for cannabis patients on islands with a dispensary who need help with cultivation.

  • Clifton Otto

    Person

    In fact, Governor Green issued an executive order addressing this issue and called upon the legislature to fix the sunset that went into effect the beginning of this year. If the committees want to expand primary caregiver, I've offered an amendment suggestion for that.

  • Clifton Otto

    Person

    But whatever happens to this bill this session, please do what you can to ensure that protection of primary caregiver cultivation makes it to the governor's desk. Thank you.

  • Joy San Buenaventura

    Legislator

    Thank you very much. Nicholas Levens, Dunn Policy Forum of Hawaii providing comments. Brent Norris in support. Dara Yatsuhiro in support. Anybody else wishing testifying on SB 1429? Seeing none. Members, any questions? Seeing none. We're going to recess to get quorum. Recess.

  • Joy San Buenaventura

    Legislator

    Recalling the formerly 9:45 calendar of February 11th.

  • Joy San Buenaventura

    Legislator

    Currently the joint Commerce and Consumer Protection, Health and Human Services. That was deferred to today for decision making. We are going to call SB 1150 out of order because a lot of people are here for that. Chair's recommendation on SB 1150 is to pass with amendments.

  • Joy San Buenaventura

    Legislator

    We are going to delete sections 15 and 16 regarding changes to Uniform Child Custody Jurisdiction Enforcement Act and we're going to have a defective date. Any comments, questions, concerns? Seeing none. Vice Chair for the vote. Pass with amendments.

  • Henry Aquino

    Legislator

    Thank you, Chair. Senate Bill 1150. Recommendation of the chair is to pass as a SD1. Chair and Vice Chair vote I.

  • Henry Aquino

    Legislator

    [roll call]

  • Henry Aquino

    Legislator

    Recommendation is adopted, chair.

  • Jarrett Keohokalole

    Legislator

    CPN. Same recommendation. Any discussion? Seeing none, passing with amendments. Chair votes I..

  • Carol Fukunaga

    Legislator

    Thank you. Vice Chair also votes I. Senator McKelvey is excused. Senator Richards. Senator Awa. Thank you. Your measure is adopted.

  • Joy San Buenaventura

    Legislator

    SB 463 is here.

  • Jarrett Keohokalole

    Legislator

    Well, we're on. On separate agendas. Okay.

  • Joy San Buenaventura

    Legislator

    SB SB 1429 relating to medical cannabis. Chair's recommendation is to pass with Department of Health's proposed amendments and Akamai Cannabis Consulting's proposed amendments. We're going to add in a defective date. See whether or not there's any problems with those amendments. Any comments, questions, concerns? Seeing none, pass with amendments. Chair votes I. Vice Chair for the vote.

  • Henry Aquino

    Legislator

    Okay. Senate Bill 1429. Recommendation of the chair is passed with amendments. All members are present. Any reservations? Any no's? Recommendation is adopted, chair.

  • Jarrett Keohokalole

    Legislator

    CPN. Same recommendation. Chair votes. I.

  • Carol Fukunaga

    Legislator

    Thank you. Of the members present, are there any voting with reservations or objections? No. Thank you. Senator Awa, all others in the affirmative. Your measure is adopted.

  • Jarrett Keohokalole

    Legislator

    Reconvening on our Wednesday, February 12, 2025 9:34am agenda in Conference Room 229. This is a joint decision making agenda between the Senate CPN and HHS committees to consider measures heard previously. The first measure is SB 463 relating to consumer protection. This is the kratom bill. The recommendation is to defer this measure.

  • Jarrett Keohokalole

    Legislator

    I appreciate the discussion we had. There are mixed opinions about this measure that I don't think it's ready. So without objection, the recommendation is to defer.

  • Joy San Buenaventura

    Legislator

    Okay, thank you. Thank you very much. HHS agrees to the deferment. First up. The next one is SB 953 relating to hospitals. I understand that there are federal regulations in place, but there are no enforcement mechanism and that's why the bill was introduced. However, it's still. It's also not ready. We are going to take it up again.

  • Joy San Buenaventura

    Legislator

    So chair's recommendation is also to defer this SB 953. For SB 1040 relating to medical debt. Chair's recommendation is to pass that with a defective date. Any comments, questions, concerns? Seeing none, Vice Chair for the vote. Pass with a defective. With amendment.

  • Henry Aquino

    Legislator

    Okay. Senate Bill 1040. Recommendation of the chair is to pass with amendments. Chair and Vice Chair vote I.

  • Henry Aquino

    Legislator

    Senator Hashimoto. All right. Senator Keokololi. Aye. Senator Favela. Aye.

  • Henry Aquino

    Legislator

    Recommendation is adopted, chair.

  • Jarrett Keohokalole

    Legislator

    CPN, same recommendation. Any discussion? Seeing none. Chair votes I.

  • Carol Fukunaga

    Legislator

    Of the CPN members present, are there any voting with reservations or objections? Hearing none, measure is adopted.

  • Joy San Buenaventura

    Legislator

    For SB 1064. Chair's recommendation is to pass with amendments. We're going to accept AG's proposed amendments for paragraphs D, and add and add their proposed paragraphs F and G and also accept the cannabis industry's proposed amendments to paragraphs A and B and it's added paragraph F. I understand there will be two Fs.

  • Joy San Buenaventura

    Legislator

    So we're also going to ask SMA to re alphabetize the paragraphs to be consecutive after the amendments. We're also going to add in a defective date to continue the conversation. Any comments, questions, concerns? Seeing none, Vice Chair for the vote. Pass with amendments.

  • Henry Aquino

    Legislator

    Senate Bill 1064, Recommendation of the chair is to pass with amendments. All members are present. Any reservations? Any no's? Recommendation is adopted, chair.

  • Jarrett Keohokalole

    Legislator

    CPN, same recommendation. Chair votes I.

  • Carol Fukunaga

    Legislator

    Thank you. Of the members present, are there any voting with reservations or objections?

  • Jarrett Keohokalole

    Legislator

    No.

  • Carol Fukunaga

    Legislator

    Thank you, Senator Awa. Measure is adopted.

  • Jarrett Keohokalole

    Legislator

    Oh, I'm sorry. I'm sorry. Before we adjourn, I lost my place there. The recommendation on SB 953 was to defer in HHS, and the recommendation in CPN is also to defer. So if there are no other comments or questions, we are adjourned. Thank you.

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Next bill discussion:   February 13, 2025

Previous bill discussion:   February 12, 2025