Hearings

Senate Standing Committee on Judiciary

February 19, 2025
  • Donovan Dela Cruz

    Legislator

    Calling to order the 10-02 February 19 agenda. This meeting, including the audio and video of remote participants, is being streamed live on YouTube. You will find links to viewing options for all Senate meetings on the live and on-demand video page of our website.

  • Donovan Dela Cruz

    Legislator

    In the unlikely event that we have to abruptly end this hearing due to technical difficulties, the Committee will reconvene to discuss any outstanding business on Wednesday, February 26th. 10am in this room. This is decision making only. If you're interested in reviewing written testimony, please go to our website.

  • Donovan Dela Cruz

    Legislator

    You will find the link on the status page for each measure. Okay. First item is SB40. Recommendation is to pass with amendments defecting the date to 2050. Any discussion? Not sure.

  • Committee Secretary

    Person

    Vote side Senate Bill 40. Any chair both side. Vice Chair Both side. [Roll Call]

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB411 recommendation is to pass with amendments adding a 5 year sunset to the act and changing the annual report to a quarterly report. Any discussion? Not sure.

  • Committee Secretary

    Person

    Vote SB 411 all Members present. Anyone voting no with reservation measure adopted. No vote for Favella.

  • Donovan Dela Cruz

    Legislator

    Thank you. SB436 recommendation is to pass unamended. Any discussion? Not trouble.

  • Committee Secretary

    Person

    Side Senate Bill 436 pass unamended. All Members present. Anyone voting no with reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB443 recommendation is to pass unamended. Any discussion?

  • Committee Secretary

    Person

    Mad share votes I SB443 all Members present. Anyone voting no. Anyone with reservation measure adopt vote.

  • Donovan Dela Cruz

    Legislator

    Next item, SB446 recommendation is to cast on amendments and we worked with the subject matter chair to amend 342H52 to change the buffer zone from 1/2 to quarter mile and remove all references to a no pass zone and amend the Bill so that no landfill unit or component of landfill unit can be built maca of the underground injection control line.

  • Donovan Dela Cruz

    Legislator

    Insert definitions for mauka and underground injection control line to effectuate the Bill. Any discussion?

  • Kurt Fevella

    Legislator

    Yeah, sure. Just like make a point we do this buffer zone, there's nothing in here that's going to prevent them to putting it on island even in our side of the island. And we know that the mayor said he wasn't going to put nothing on the west side. But he only get three more years and can change.

  • Kurt Fevella

    Legislator

    So we had the landfill for the longest for anybody on Oahu over 50 years. We had landfills that help our community. 50% of our lifespan is gone because they're living next to landfills and people are living in other urban area. So if we're going to do this, I mean, I won't vote no.

  • Kurt Fevella

    Legislator

    If we're going to do this, we got to make sure we protect the people on our side of the island because Kyo never wanted them. That's the reason why it's over there. So the Kwan, they told us in Waimanala what's in our community.

  • Kurt Fevella

    Legislator

    I just don't feel it's fair for my community that we work hard on that Bill to be amended right now. Yeah, but I'm voting no. Thank you, Chair.

  • Donovan Dela Cruz

    Legislator

    Thank you. I also think that every community was going to want to make sure they have clean, safe water. Every community. Any. Any further discussion? If not. Okay.

  • Committee Secretary

    Person

    SB446. All Members present. Anyone voting no with reservation? zero, no for Fidela. Anyone else voting no with reservation? Measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB447. Recommendation is to pass unamended. Any discussion? Not share vote. Sorry.

  • Committee Secretary

    Person

    All Members present. Anyone voting no with reservation. Measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB572. Recommendation is to pass with amendments defecting the effective date to 2050. Any discussion? Not triple zeitgeist.

  • Committee Secretary

    Person

    All Members present. Anyone voting no with reservation. Measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB583. Recommendation is to pass an amendments amending to remove any references to the selling of naming rights. Sure. I'll be voting with reservations, noting the concerns from the outdoor circle. Thank you. Okay. Thank you. So we're removing selling. It's only leasing. Any discussion? Not Chair votes aye.

  • Committee Secretary

    Person

    All Members present on voting no. And melafonte with reservation. zero, a favela reservation. A measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB739. Recommendation is to pass with amendments. Adopt LRB Tech amendments and amend Section 2a to read that the Governor may negotiate land exchanges in consultation with the Board of Nepal than in natural resources. Any discussion?

  • Kurt Fevella

    Legislator

    What about with seeded lands and the rate of exchange requirement of the 20% revenue for oil? How is that going to work out in this Bill?

  • Donovan Dela Cruz

    Legislator

    No. So what this does is it looks at private landowners who have conservation or ag land or preservation land that they would like to develop. So we'll try to acquire that and in exchange give them some urban land.

  • Kurt Fevella

    Legislator

    So again, how is that going to affect if we have land that we're supposed to get revenue for? Oha. How is that going to affect when we give the land to the place that they can Develop.

  • Donovan Dela Cruz

    Legislator

    That's if the state gives. The state would have to exchange city land for that to happen, which I don't think that's the case because if you look at Kapolei park center, that was all Campbell land. Yeah.

  • Donovan Dela Cruz

    Legislator

    Okay. Any discussion? Thank you.

  • Committee Secretary

    Person

    SB 739, all Members present. Anyone voting no with reservation. Reservation Stellar reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB742 recommendation is to pass with amendments, adopt LRB Tech amendments and repeal the working group on June 30, 2026. Any discussion?

  • Committee Secretary

    Person

    SB 742, all Members present. Anyone voting no. Reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB746. Recommendation is to password amendments. Adopting LRB tech amendments. Any discussion?

  • Committee Secretary

    Person

    Chair both side SP746 all Members present with reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB816 recommendation is to pass through the limits Adopting LRB tech amendments. Any discussion? Not sure.

  • Committee Secretary

    Person

    Books I SB816 passed with amendments. Anyone voting no with reservation document.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB826.

  • Donovan Dela Cruz

    Legislator

    Recommendation is to pass with amendments adopting LRB tech amendments and we're going to amend the measure to disqualify any state Department or attached agency from claiming the low income tax, low income housing tax credit for developers outlined in hrs 2351108 and remove language specific to SFA or School Facilities Board and its respective statutes and effective date to 2050.

  • Donovan Dela Cruz

    Legislator

    Any discussion? SB826 passed with amendments. All Members present. Anyone voting no the reservation adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB830 recommendation is to pass with amendments.

  • Donovan Dela Cruz

    Legislator

    Working with subject matter chair, we're going to take from testimony from DLNR and amend the Bill to read that reconstruction of any lawfully constructed structure that is sustained substantively similar to its original footprint or overall dimensions that were damaged or destroyed in a disaster proclaimed by the Governor or a mayor to constitution constitute a State of emergency or local State of emergency under Section 127A14 and a disaster declared pursuant to federal law, provided that the disaster is not related to wave, storm, storm surge, high tide, flooding, erosion, sea level rise or subsidence. Any discussion? Not sure.

  • Committee Secretary

    Person

    What's 830 passed with amendments. All Members present. Anyone voting no with reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB830 recommendation is to pass unamended. Any discussion? Not sure.

  • Committee Secretary

    Person

    SP841 pass unamended. All Members present. Anyone voting no with reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB850 recommendation is to pass with amendments amending to include State Council on Developmental Disabilities recommendations and proposals based on their findings on how agencies and departments can implement legislation and policies to reduce health disparities experienced by individuals with intellectual or developmental disabilities. In the report. Any discussion?

  • Committee Secretary

    Person

    No. Chair both sides SB850 passed with amendments. All Members present. Anyone voting no reservation.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB865 recommendations to pass unamended. Any discussion?

  • Committee Secretary

    Person

    SB865 pass an amendment unamended. All Members present. Anyone voting no reservation is adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB952 recommendation is to pass with amendments, adopt LRB Tech amendments and amend language to have the program administered by the Department of Human Services provided that they partner with the Office of Wellness Resiliency on the design of the pilot program. Any discussion? Not sure.

  • Committee Secretary

    Person

    SB952 pass with amendments. Members voting no with reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB955 recommendation is to pass on amendments. Her testimony will adopt the Department of Health language on page five, line four, to read as follows, to commit the defendant, provided further, that the court shall hold status hearings on the Hawaii State Hospital grounds no less than once a calendar week.

  • Donovan Dela Cruz

    Legislator

    This will allow qualified examiners adequate time to administer fitness assessments and insert a sunset date of December 31, 2026 for a pilot study of the proposed changes in this measure. Any discussion?

  • Committee Secretary

    Person

    Chair both sides. Senate Bill 955 pass with amendments. Members Anyone knowing no with reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Okay. Next item SB983 we're going to defer. Next item SB1040 recommendation is to pass an amendment adopting LRP Tech amendments. Any discussion?

  • Committee Secretary

    Person

    Chair both sidesSB 1040 all Members present. Anyone voting no with reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item SB 1042 recommendation is to pass unamended. Any discussion?

  • Committee Secretary

    Person

    Bill 1042 pass unamended. Members present, voting no with reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item SB 1083 recommendation is to pass with amendments and adopt LRB Tech amendments. Any discussion?

  • Committee Secretary

    Person

    Chair both sides SB 1083 pass with amendments. Anyone voting no with reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Next item SB 1229 recommendation is to pass through the amendments adopting LRB Tech amendments and removing language making the dwellit Unit Revolving Fund Equity pilot program permanent and extending the pilot program to June 302030 and effecting the date to 2050. Any discussion? Not sure.

  • Committee Secretary

    Person

    Vote side SB 1229 passed with amendments. Anyone voting no reservation measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item SB 1359 recommendation is to pass unamended. Any discussion not shareable time.

  • Committee Secretary

    Person

    SB 13:59 Pass unamended. Anyone voting no with reservation adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB 1469, recommendation is to pass with amendments adopting LRB Tech amendments. Any discussion? Not share. Both sides.

  • Committee Secretary

    Person

    SB 1469 passed with amendments. Anyone voting no? With reservation. These are adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB 1553. Recommendation is to pass an amendments using funds to be appropriated from Act 279, the special fund in DHHL. Any discussion? No. Chair.

  • Committee Secretary

    Person

    Both side Members present. Anyone voting no with reservation, measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB 1578, recommendation is to pass with amendments adopting LRB tech amendments and adopting an amendment from the Attorney General to include standards for the East west center to meet in order to receive public funds for official designation purposes. Any Discussion?

  • Committee Secretary

    Person

    Senate Bill 1578 passed with amendments. Anyone voting no with reservatio for Fevella

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB 1602. Recommendation is to pass with amendments, blanking the appropriation, defecting the date of 2050, and we'll let the Committee report reflect the appropriation amounts in Section 2. Any discussion? Not sure. Vote side.

  • Committee Secretary

    Person

    SB 1602 amendments. Anyone voting no with reservation, adopt.

  • Donovan Dela Cruz

    Legislator

    Next item. SB 1609. Recommendation is to pass, unamended. Any discussion? Not sure. Chair both sides.

  • Committee Secretary

    Person

    Senate Bill 1609 passed unamended. Anyone voting no with reservation, measure adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB 1610, recommendation is to pass with amendments adopting LRB tech amendments and removing language to make the Ohana Zones program permanent. On page four, line 17 required that Kauhalis must have connections to public utilities such as water, sewer and electricity.

  • Donovan Dela Cruz

    Legislator

    Define Kauhalis on page 11, line 15, as a program to address basic needs of individuals who experience houselessness and affordable housing spaces that are communal living spaces with individual household units and charge money rents no more than 30% area medium income level.

  • Donovan Dela Cruz

    Legislator

    And in the appropriation language, insert a proviso that would cap the amount that can be spent on Kahalis to a blank amount of total appropriation in both fiscal years. Any discussion?

  • Kurt Fevella

    Legislator

    Clarification? So the Kahali homes that they're going usually build, it has to be connected to electric or just water.

  • Donovan Dela Cruz

    Legislator

    Well, this require. This would require that they all be connected so they can have the solar.

  • Kurt Fevella

    Legislator

    Like how they did in B's Point.

  • Donovan Dela Cruz

    Legislator

    So this would be. If this law passes. This would be the requirement.

  • Kurt Fevella

    Legislator

    Good. Thank you, Chair.

  • Donovan Dela Cruz

    Legislator

    Any discussion? Not sure. Both sides.

  • Committee Secretary

    Person

    SB 1610 pass with amendments and voting no with reservation, as you adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB 1619, recommendation is to pass with amendments effecting the effective date to 2050. Any discussion? Not sure what side.

  • Committee Secretary

    Person

    SB 1619 passed with amendments. Anyone voting no, with reservation. Measurement Doc, please.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB 1614 recommendation. I'm sorry? 1641 recommendation is to pass with amendments. Adopt LRB tech amendments and under 201 EC require that non ex official Members shall not serve consecutive four year terms. Insert a new section to establish the Film Industry Development Special Fund under the Commission.

  • Donovan Dela Cruz

    Legislator

    Amend the appropriation in Section 4 so the General funds are deposited into the new special Fund. Insert a new section to include an appropriation out of the special Fund. And insert General language to transfer all personnel from the Hawaii State film office from DBED to the new Commission and the effective date to 2050. Any discussion?

  • Kurt Fevella

    Legislator

    Sure. Just clarification. So all the people in the Film Commission office right now is going to transfer to this Department? Yeah, all of them.

  • Donovan Dela Cruz

    Legislator

    There's four. Any discussion? No. Chair side.

  • Committee Secretary

    Person

    Senate Bill 1641 passed with amendments. Anyone voting no. With reservation. Reservation measure that.

  • Donovan Dela Cruz

    Legislator

    Okay, this is the 1002 agenda.

  • Committee Secretary

    Person

    Starting with Senate Bill 1220 recess. Okay. First item, SB 1220.

  • Donovan Dela Cruz

    Legislator

    We'll be deferring to Mark. Not much. February 26th, 10:00am in this room. And next item, SB 828 will be deferring till February 26th, 10am in this room. Calling to order the Joint Committee on Raising Means and Judiciary. This is the 101015 hearing. SB442. We have testifiers. Department of Law Enforcement.

  • Brandon Asuka

    Person

    Good morning, Chairs, Vice Chairs, Members of Committee. Brandon Asuka testifying on behalf of the Department of Law Enforcement. Department supports this measure and requests that we make the following recommended amendments in our testimony, to include DLE as part of this measure. Thank you.

  • Donovan Dela Cruz

    Legislator

    Thank you. Department of Ag in support. Attorney General.

  • Jenny Nakamoto

    Person

    Good morning, Chair, Vice Chair, Members of the Committee. Jenny Nakamoto, Deputy Attorney General. We did submit written testimony this morning in support of the Bill, and I do apologize for the late submission. I do have copies if the Committees require them.

  • Donovan Dela Cruz

    Legislator

    Yeah, we can.

  • Jenny Nakamoto

    Person

    May I approach?

  • Donovan Dela Cruz

    Legislator

    Oh, you guys can grab it. Thanks.

  • Jenny Nakamoto

    Person

    Available for any questions.

  • Donovan Dela Cruz

    Legislator

    Members, any question?

  • Michelle Kidani

    Legislator

    Does this mean that the six-month waiting period before returning to state and county employment still apply? And does not apply?

  • Donovan Dela Cruz

    Legislator

    It doesn't apply, right?

  • Jenny Nakamoto

    Person

    I believe it would be—it would be the 12-calendar month. Would be the waiting period. I'm sorry, it would be the 12-calendar month waiting period under Proposal 6A, the retirement was not employed by the state or county during the 12 months, 12 calendar months, prior to diversity.

  • Jenny Nakamoto

    Person

    So, it would be 12 months.

  • Michelle Kidani

    Legislator

    That would still apply?

  • Jenny Nakamoto

    Person

    Correct.

  • Michelle Kidani

    Legislator

    Thank you.

  • Donovan Dela Cruz

    Legislator

    Yeah, but that defeats the purpose of what you guys wanted, I thought.

  • Jenny Nakamoto

    Person

    Oh, I'm sorry. That's the—the proposed change is the 12 months.

  • Donovan Dela Cruz

    Legislator

    Oh, but the current Bill?

  • Jenny Nakamoto

    Person

    Oh, I'm sorry. The current Bill is, I believe, six months. Six calendar months. Yes.

  • Donovan Dela Cruz

    Legislator

    Okay. But then part of the issue was when the Attorney General needed to find inspectors and they hired former law enforcement. They're going to wait the six months?

  • Jenny Nakamoto

    Person

    I believe it's 12 months. But let me, if you allow me, I can bring that question back to my office and clarify.

  • Donovan Dela Cruz

    Legislator

    Yeah, because I thought, I thought the whole point was that you want to try to hire them sooner.

  • Jenny Nakamoto

    Person

    That was my understanding as well but let me—I understand your question. They want to hire them sooner—the six months as opposed to the 12.

  • Donovan Dela Cruz

    Legislator

    Yeah. Because if not, what you guys are doing currently, we're just doing this years of 89-day hire.

  • Jenny Nakamoto

    Person

    That's correct.

  • Donovan Dela Cruz

    Legislator

    So, this at least gives you an option versus we don't normally appreciate the continual 89-day hire.

  • Jenny Nakamoto

    Person

    Understood. Yes. I'll get clarification for your question, if that's all right.

  • Donovan Dela Cruz

    Legislator

    Yeah. So, how, how long do you normally hire a retiree? How, how long do you do the 89 day? What's the longest you've done it?

  • Jenny Nakamoto

    Person

    I don't have that information offhand. I mean, my understanding is, yeah, there's—it's continuous. As long as you do the 89 days, you can continue to employ them.

  • Donovan Dela Cruz

    Legislator

    Yeah. So, we're looking, you know, one of the things we're considering is a five-year cap. So, if we, if you, if we hire a retiree because they're retired, they're basically retiring. But part of the state's problem and challenge is that we have no succession planning.

  • Donovan Dela Cruz

    Legislator

    So, when someone leaves, we can at least hire a retiree back for a couple years at a lower position to train other people. Because when—unlike business, we don't do, we don't put two people in the same position for even six months.

  • Donovan Dela Cruz

    Legislator

    So, that's becoming a problem as more and more, you know, baby boomers retire, and we don't have succession planning. There's no training. But the six months would make that difficult.

  • Jenny Nakamoto

    Person

    Understood. I will get clarification for your answer—for your questions—if that's okay and we'll get back to you.

  • Donovan Dela Cruz

    Legislator

    Okay. Oh, go ahead.

  • Donna Kim

    Legislator

    I want to bring up another issue. S, we have been consistently, for law enforcement, allowing retiring, retiring 20 years, right? And the reason is because the job is stressful and there's a lot of.

  • Donna Kim

    Legislator

    But then if they retire and then we rehire them, so what, what happens to that whole purpose of why they need to retire early, if they're going to be coming back and working, working again in the same, either same position or similar type of position, which, you know, also bodes well for 89-day hire.

  • Donna Kim

    Legislator

    Now you can hire them. So, it's, it's just that whole, that whole policy of why we're allowing certain, certain categories of workers to have a 20-year horizon because of this kind of stress, yet they're coming back and working again. And then everybody have 20 years? If that's the case, I mean, I'm just saying.

  • Donovan Dela Cruz

    Legislator

    Well, I think that one, though, if you're a police officer on the, on the, on the street versus you're coming back to work at the AG's office, in an office.

  • Donna Kim

    Legislator

    Yeah, but that's not all police officers are on the street. There are a lot of police officers that work at the desk and stuff like that, right, and they all get.

  • Unidentified Speaker

    Person

    And they have the same health risk at the desk.

  • Donna Kim

    Legislator

    I think so.

  • Unidentified Speaker

    Person

    You can have the same health risk at the desk.

  • Donna Kim

    Legislator

    Just saying, though. But they could go back to the same place. Very hazardous.

  • Lorraine Inouye

    Legislator

    I have a question.

  • Unidentified Speaker

    Person

    This is hazardous.

  • Donna Kim

    Legislator

    Yeah. You're right.

  • Lorraine Inouye

    Legislator

    When that policy was made for the Police Department, the 20 years was an option. But is that mandatory now?

  • Donovan Dela Cruz

    Legislator

    No, that's not the case now. They, they, they're the same as every 20—30 years—right.

  • Lorraine Inouye

    Legislator

    Because they can continue on.

  • Jenny Nakamoto

    Person

    I don't know that.

  • Unidentified Speaker

    Person

    We don't have anyone in our class.

  • Donovan Dela Cruz

    Legislator

    Oh, for DLE. But HPD, why?

  • Unidentified Speaker

    Person

    I can ask our investigator. We don't have anyone that's there.

  • Donovan Dela Cruz

    Legislator

    No. But for law enforcement, do they have a shorter?

  • Unidentified Speaker

    Person

    Yes.

  • Donna Kim

    Legislator

    Yeah. 20 years.

  • Donovan Dela Cruz

    Legislator

    54 hours.

  • Unidentified Speaker

    Person

    What is it?

  • Brandon Asuka

    Person

    We'll leave it 25 for HPD for Class B, right now.

  • Donna Kim

    Legislator

    Class A is 20.

  • Brandon Asuka

    Person

    Class, yes. Or Class—25, I believe.

  • Donna Kim

    Legislator

    Still 25?

  • Brandon Asuka

    Person

    25, yeah. You get two and a half, though I think at we actually extended.

  • Unidentified Speaker

    Person

    Extended, yeah.

  • Brandon Asuka

    Person

    It's a little longer now.

  • Donna Kim

    Legislator

    21 to 25.

  • Donovan Dela Cruz

    Legislator

    I mean, ERS knows, from every job in the state, the average lifespan. So, the longest living state employees are DOE teachers and UH professors.

  • Donna Kim

    Legislator

    I wonder why.

  • Donovan Dela Cruz

    Legislator

    Unless, unless you're the Senator from Hilo, then you last forever.

  • Donovan Dela Cruz

    Legislator

    Okay. Any other?

  • Kurt Fevella

    Legislator

    Sure. This for the AG. I see that the AG is asking for pass only question of the Bill of still one difficult investing—individual. But how many positions in the investigating office that is currently vacant and what is the salary currently for the vacant positions?

  • Jenny Nakamoto

    Person

    I don't have that information offhand. I do have old data from last year, but if, if you would like, I can bring that back to my office and...

  • Kurt Fevella

    Legislator

    Yeah, just I guess in...too.

  • Donovan Dela Cruz

    Legislator

    Yeah, sure. So, part of it, that's why we figured similar to some of the other concerns is that because they are retired. That's what we've figured out. But they want to help, and we need their help. But five years seem to be more than reasonable as the length of someone's return.

  • Michelle Kidani

    Legislator

    So, do they stop getting retirement pay?

  • Donovan Dela Cruz

    Legislator

    No, no, so.

  • Michelle Kidani

    Legislator

    So, they're collecting retirement benefits and paying?

  • Donovan Dela Cruz

    Legislator

    But you're not getting benefits anymore.

  • Michelle Kidani

    Legislator

    But they're getting their retirement.

  • Donovan Dela Cruz

    Legislator

    It's similar to 89-day. Exact same as 89-day. So, 89-day, you get your pension and your, your benefits and you get the 89-day contract. So, it's exactly the same, except because of concerns that we don't like the 89-day recurring, this tries to solve the issue.

  • Donna Kim

    Legislator

    Because 89-day says it's supposed to be emergency. That's the law. It's emergency.

  • Kurt Fevella

    Legislator

    What is the salary? Are they getting the same as they got when they retired?

  • Unidentified Speaker

    Person

    Well, it's gonna be a lower position.

  • Kurt Fevella

    Legislator

    Lower?

  • Donovan Dela Cruz

    Legislator

    Yeah. Yeah, because if someone took your old administrative position, that was the only position. That's the issue is you can't train anybody because in business, you have your position. They might hire the new person. You're there for a little while to at least train the new guy. But we don't do that in the state.

  • Donna Kim

    Legislator

    Let's keep it vacant. So, that's...

  • Kurt Fevella

    Legislator

    The construction.

  • Unidentified Speaker

    Person

    Yeah. Just so it's clear, he's not training me to be...

  • Donovan Dela Cruz

    Legislator

    You know how many these guys' bills would all die?

  • Donovan Dela Cruz

    Legislator

    Anyway. Henry will figure this out in conference. But I mean, you know, I just, I—there should probably be a cap. I don't think it should go. That's why I was asking how long is the 89-day? But what we tried—but what we tried to do is at least give, in the proposed amendment, what it tries to do is if you need to go further than the five years then you could get a, a waiver from the...

  • Donna Kim

    Legislator

    But it still violates the 89-day hire, Chair. Because the 89-day hire says you can only do it for emergency purposes and it's not necessarily emergency.

  • Donovan Dela Cruz

    Legislator

    Yeah, so this changes that.

  • Donna Kim

    Legislator

    Yeah, so they should—it shouldn't go for five years. Emergency for five years is not any.

  • Donovan Dela Cruz

    Legislator

    Well, we can leave it blank years, and you can figure it out, yeah.

  • Michelle Kidani

    Legislator

    But it's an emergency if they can't find people to hire, unless it's 89 days.

  • Donna Kim

    Legislator

    No, but everything is. But then you should just change.

  • Donovan Dela Cruz

    Legislator

    Well, yeah, but there's, but there's multiple issues. There's that issue, but there's also the issue of no succession planning. Because unfortunately, like, I'll take out—I'll give you somebody like Dennis Ling. If he leaves. I don't know if anybody's really ready to take his place. And so, he might have to go and.

  • Donna Kim

    Legislator

    Yeah, but then he could be hired for 89 day hires, but not five years.

  • Donovan Dela Cruz

    Legislator

    But then it's not an emergency.

  • Donna Kim

    Legislator

    It's not an important—but to train.

  • Donovan Dela Cruz

    Legislator

    Training and succession planning is not considered an emergency.

  • Unidentified Speaker

    Person

    Yeah.

  • Donovan Dela Cruz

    Legislator

    Yeah. I mean, that's part of—even with the AG's Office, that's why you got people like Charleen Aina and probably Randy—Randall Nishiyama—when he retired. They're all volunteering to train because they're so committed. But that, I don't know how that, that's gonna last. I don't know how long that's gonna last. Okay.

  • Donovan Dela Cruz

    Legislator

    I mean, half these guys are probably gonna do that. You're probably gonna do that. Anyway. Okay. Any, any further discussion? We have 2, 3, 4, 5—8—opposed and one comment. Okay, we can go into decision making. Recommendation is to pass with amendments.

  • Donovan Dela Cruz

    Legislator

    Adopt language from DLE's testimony to include investigators within the Department. In Section 2, Number 7, expand to include all state departments struggling to build managerial positions that have been identified as labor shortages, or difficult to fill, or need succession planning.

  • Donovan Dela Cruz

    Legislator

    And require that if a retiree were to return to serve under this section, they can serve a term of no more than blank years. And require that if the Department wants to extend the contract, it must seek approval from the DHRD Director. And defect the date to 2050. Any discussion? If not, Chair votes "Aye."

  • Sharon Moriwaki

    Legislator

    [Roll call]

  • Karl Rhoads

    Legislator

    Same recommendation for JDC, Members. Questions or concerns? If not, acting Vice Chair Chang.

  • Stanley Chang

    Legislator

    [Roll Call]

  • Donovan Dela Cruz

    Legislator

    Thank you. So, you can see all the Division heads nodding. Okay.

  • Donovan Dela Cruz

    Legislator

    Calling to order the Joint Committee on Ways and Means and Judiciary. This is the 1016 agenda. Starting with SB716 is for decision making only. First item is SB 716. Recommendation is to pass with amendments defecting the date to 2050. Any discussion?

  • Donna Kim

    Legislator

    Not sure what side Bill 716 pass with amendments on Members present. Anyone voting? No reservation. Adopted.

  • Committee Secretary

    Person

    Okay. JDC Member, same recommendation. SB716 with amendments, questions or concerns if not Senator Chang. For SB 716 Chair's recommendation is passed with amendments. [Roll Call]

  • Karl Rhoads

    Legislator

    Amendment on this one putting it in the same category as the Narcotics Division.

  • Donovan Dela Cruz

    Legislator

    Okay. Next item. SB763 Recommendation is to pass with amendments and we're going to amend to include language that says subject to the direction or control of the Deputy Director of Law Enforcement to standardize the placement of agricultural enforcement program consistent with the placement of Narcotics Enforcement Division within the DLE organizational chart and making conforming amendments. Any discussion?

  • Donna Kim

    Legislator

    Not sure what side SB763 passed with amendment reservations.

  • Karl Rhoads

    Legislator

    Same recommendation for JDC questions or concerns.

  • Committee Secretary

    Person

    If not Senator Chang. SB 763 recommendation is to pass with amendments. Any of the Members present to have any objections or reservations seeing none, the recommendation is adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB804 recommendation is to pass with amendments, adopt LRB tech amendments and will include amendments from the Attorney General to mitigate any issues against potential retroactive applications and contractual impairment issues. Any discussion?

  • Donna Kim

    Legislator

    Chair both sides. Bill 804 Password amendments. All Members present. Anyone voting no with reservation.

  • Karl Rhoads

    Legislator

    For JDC Member. Same recommendation, questions or concerns. If not, place your Acting Vice Chair.

  • Committee Secretary

    Person

    SB804 Chairs Recommendations pass amendments of the Members present. Do you have any objections or reservations being on the recommendation is adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item, SB8 to 5. Recommendation is to pass unamended. Any discussion? Yes or you have?

  • Karl Rhoads

    Legislator

    Well, just. It's really just a. The one year time frame seems short to us is. Would it make. Would it make sense to make it two? And then the other question I had was if we. Even when we sunset the. The.

  • Karl Rhoads

    Legislator

    The two year thing, the, the extension of the notice period would still be useful even if the. I can't help with the right word today. If you come. Even if we. Even when the. The two year thing ends, if we extend the five to 10 day calendar for the termination of the rental agreements, I think would still be useful.

  • Donovan Dela Cruz

    Legislator

    Okay. If you're willing to do that if you don't want to, that's fine. Sorry. Calling the meeting back to order. This is SB825. The recommendation would be to pass with amendments and we'll extend the project to two years and require that the judiciary do a report on within 90 days of completion of the demonstration project. Any discussion?

  • Donna Kim

    Legislator

    SB825 passed with amendments. All Members present. Anyone voting? No with reservation for JDC Member.

  • Karl Rhoads

    Legislator

    Same recommendation. Questions or concerns? If Not Senator Chang.

  • Committee Secretary

    Person

    SBA25 Chair's recommendation is to pass with amendments of the Member statement. We have any objections or reservations. None of the recommendation is adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB 1100 recommendation is to pass with amendments. Adopt LRB tech amendments and remove any discretionary power from the Department of Agriculture by removing any language with the phrase me, replacing it with shall between pages 59 and 68. Inserting new section requirements.

  • Donovan Dela Cruz

    Legislator

    Posting of invasive species dashboard for treatment areas by hdoa, DLNR and all contracted parties. The dashboard must be up no later than December 12025. And inserting a requirement that any Department, agency or third party contractor that does not provide information for invasive species dashboard shall not receive funding. Any discussion? Not sure.

  • Donna Kim

    Legislator

    100 password amendments on the present he was voting no reservation.

  • Karl Rhoads

    Legislator

    Okay. On for JDC Members. Same recommendation. I. I do have a comment about it though. I, I'm still. I. I'm. I'm voting. I support it. I think it's a really important Bill or potentially a really important Bill. But I'm, I do have reservations about taking.

  • Karl Rhoads

    Legislator

    Putting HISC under the Department of Agriculture even if the Department of Agriculture is restructured. So I, I do hope that we follow the New Zealand model because I think that they probably do give their, their HISC analog or their HISC equivalent a lot of power.

  • Karl Rhoads

    Legislator

    And they ignore commercial agricultural interests when they feel it's necessary to protect the biosecurity of the country. So recommendation is moving ahead with the amendment amendments but do have some concerns about the final product. Any other questions or concerns?

  • Committee Secretary

    Person

    If not Senator Chang recommendation for SB 1100 is to pass with amendments of the Members present do have any objections or reservations being on the recommendation is adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. The New Zealand model has it consolidated.

  • Karl Rhoads

    Legislator

    I bet you the HISC of New Zealand has a lot of authority. That's, that's.

  • Donovan Dela Cruz

    Legislator

    It's under one. Yeah. And then now what this does is if the Department doesn't have a choice, if someone has reported, I think the.

  • Karl Rhoads

    Legislator

    Amendments were good amendments, they have to proceed. Okay.

  • Donovan Dela Cruz

    Legislator

    Okay. Next item SB 1432. Okay, we're going to have to defer this item till February 26th. Sorry, because you flew over for this, but LRB has some changes that they're trying to work on that are substantive to deal with legal issues.

  • Donovan Dela Cruz

    Legislator

    So we need to give LRB some time to help draft some of those, some of the language to address the legal concerns. And they also recommend that we work with the Attorney General on some of these amendments to just make sure that they're constitutional. So we just need some time for that. So that'll be February 26, 2:26pm so you got to come in.

  • Karl Rhoads

    Legislator

    So for JDC Members, we'll go ahead and we'll go ahead and meet for decision. JDC Members, we'll go ahead and meet at the same time here in 2:11 at 2:26 on February 26th. Yeah, I don't know.

  • Donovan Dela Cruz

    Legislator

    That's an awkward time, but 2:26 at. 3:26Pm 2:26 is wild. Yeah, that's funny. Yeah. 2:20. Too late already. Too late. Too late, too late.

  • Donovan Dela Cruz

    Legislator

    SB 1601 recommendation is to pass with amendments, adopt LRB tech amendments and insert under dash five that the term of a loan shall be no longer than 20 years and that no new loan may be issued after June 30, 2027 insert a new section to repeal the act and the revolving Fund on June 30, 2047 and have the remaining balance of the revolving Fund lapsed into the General Fund.

  • Donovan Dela Cruz

    Legislator

    Any discussion?

  • Donna Kim

    Legislator

    Chair both sides, 1601 passed with amendments. Voting no with reservation. Reservations? Reservations.

  • Karl Rhoads

    Legislator

    Okay. Thank you. Chair's recommendation on SB 1601 is same as Wham. Chairs, questions or concerns.

  • Committee Secretary

    Person

    If not Senator Chang for SB 1601, Chair's recommendation is to pass with amendments. Are there any objections or reservations? None. The recommendation is adopted.

  • Donovan Dela Cruz

    Legislator

    Thank you. Next item. SB 1667, recommendation is to pass with amendments, adopt LRB tech amendments and adopt amendments from the Department of Transportation to make the prohibition of vehicles stopping in and blocking crosswalks enforceable way or without signage of curb markings and to allow the appropriated sums in this measure to be used by the Department of Transportation or county agencies to effectuate the purposes of this act.

  • Karl Rhoads

    Legislator

    Sure. I had a couple other amendments I was hoping we could consider right now. Apparently the data for the red light.

  • Donovan Dela Cruz

    Legislator

    Cameras, if it's subject matter, then we got to check with subject matter, too.

  • Karl Rhoads

    Legislator

    No, this was asking for money so that they could upgrade the. Because right now they're doing it manually. And so if we have if they can automatically. So it would just be a blank appropriation for judiciary update the database so that system can electronically pull information from the citations and transfer transfer, transfer the data into court records.

  • Karl Rhoads

    Legislator

    I don't. If you don't want to consider it, that's fine. But it seems ridiculous that the. Yeah, you're okay. Okay.

  • Karl Rhoads

    Legislator

    And then they wanted to delay the implementation of the citations to the judiciary did to from the imaging detectors to 1-1-2027. Okay. And I don't know if you're you had an amendment on Section 4 . 2 as well that would allow for appeals of the judge's suspension.

  • Karl Rhoads

    Legislator

    So we delete the amendment of Section 4 that would allow for appeal of a judge's suspension to the sentence to a person who consumed a measure amount of alcohol to be filled with administrative drivers and just make it so that it would just the appeal would be the Supreme Court or to the where it is now.

  • Karl Rhoads

    Legislator

    Is that correct? Yes, to where it is now. Recess, recession.

  • Donovan Dela Cruz

    Legislator

    Back to SB 1667. So we have the amendment that I read earlier and we also include the following amendments inserting blank appropriation for Judiciary to update its database system. Delay implementation to 1-1-2027 and delete amendment in Section 4 of the Bill that would allow for appeals of a judge.

  • Donovan Dela Cruz

    Legislator

    Suspension of the license of a person under age 21 who consumed a measurable amount of alcohol to be filed with the Administrative Driver's License Revocation Office as current law allows for these license suspensions to be appealed to the Supreme Court. Any further discussion?

  • Donna Kim

    Legislator

    Matt Chambers present Anyone voting no with.

  • Karl Rhoads

    Legislator

    Reservation Measured. Same recommendation for JDC questions or concerns if not Senator Chang.

  • Committee Secretary

    Person

    There's recommendation for SB 1667 is to pass with amendments. Are there any objections or reservations among the Members present? No. For Senator awa. Thank you. The recommendation is adopted.

  • Karl Rhoads

    Legislator

    Okay. Next up on the agenda is SB104 restricts the use of restricted restrictive housing and state operated and state contracted correctional facilities with certain specified exceptions.

  • Karl Rhoads

    Legislator

    Recommendation SB104 is to add language to paragraph A12 and page 9 to state that a person in restrictive housing shall not be designed not be denied access to their legal counsel questions or concerns.

  • Committee Secretary

    Person

    If not Senator Chang for SB104 Chairs recommendation is to pass with amendments. Of the Members present, are there any objections or reservations hearing? None. The recommendation is adopted. Raise the means and recommendation.

  • Donna Kim

    Legislator

    Anyone voting password amendments Any voting? No reservation.

  • Karl Rhoads

    Legislator

    Next up is SB224 requires the Department of Corrections and Rehabilitation in collaboration with various agencies upon request of the Inmates to assist inmates in obtaining the inmates civil identification, birth certificate and other documents. Recommendations to pass with amendment. Make it to duty to perform the acts required in the Bill.

  • Karl Rhoads

    Legislator

    Even if so, there's a deadline that you have to have it done by. If they miss the deadline for whatever reason, there's. The Department of Corrections would still be under the obligation to supply the documents. Questions or concerns if not.

  • Committee Secretary

    Person

    Senator Chang, here's recommendation for SB224 is to pass with amendments. Members present, are there any objections or reservations? Hearing none. The recommendation is adopted. Ways and meeting recommendation.

  • Karl Rhoads

    Legislator

    Thank you. Next up is SB350. This proposes an amendment to Article 1 of the Constitution of Hawaii to protect a person's right to obtain contraceptions and engage in contraception. Recommendation is to pass unamended. Questions or concerns. If not concerns. Oh, go ahead. Senator Kim.

  • Donna Kim

    Legislator

    Yeah, I believe we already have a law right on the books.

  • Karl Rhoads

    Legislator

    Not specifically for contraceptions.

  • Donna Kim

    Legislator

    No, I mean I would prefer a law versus putting it into the Constitution and then also notice there's no age on that. So yeah, just state my concerns.

  • Karl Rhoads

    Legislator

    Okay. Other questions or concerns. If not Senator Chang for JDC350.

  • Committee Secretary

    Person

    The chair's recommendation is to pass unamended. Of the Members present, are there any objections or reservations? No. Noting Senator awa's objection, the recommendation is adopted.

  • Donovan Dela Cruz

    Legislator

    Wait, it means same recommendation.

  • Donna Kim

    Legislator

    Reservation for kids and Favella. No. SB 350.

  • Karl Rhoads

    Legislator

    Thank you. Next up is SB 352. Requires the Department of Ag to use consistent units of measurements in its summary to the public on the amounts of restricted use pesticides applied. Recommendations to pass as is Questions or Concerns Center.

  • Committee Secretary

    Person

    Chang, there's recommendation for SB 352s to pass unamended. Of the Members present, are there any objections or reservations? See None. The recommendation is adopted. Please. I mean same recommendation.

  • Donna Kim

    Legislator

    Reservation, reservations, reservations and elephante.

  • Karl Rhoads

    Legislator

    Okay, next up is SB 1324. This amends multiple definitions and penalties for fireworks offenses, including heightened penalties if another person suffers substantial bodily injury. Recommendation here is to pass with some amendments.

  • Karl Rhoads

    Legislator

    We'll insert language into section 132D fireworks prohibitions in the second degree to clarify that the offense is only committed if done with the permit issued pursuant to Section 132D10 and 132D16 as requested by the AG.

  • Karl Rhoads

    Legislator

    This is to ensure that people who hold permits to use aerial devices to display fireworks or articles pyrotechnic pursuant to those two sections are able to continue those permits for fireworks displays as intended.

  • Karl Rhoads

    Legislator

    Also in certain language in the 132d prohibiting sending or receiving fireworks by air delivery to clarify that the offense is not committed if the sending or receiving receiving is done as permitted pursuant to federal law. And there's some SMA text as well. Questions or concerns? Question yes.

  • Michelle Kidani

    Legislator

    Does this Bill provide any funding for you know, for law enforcement to check on how these fireworks are coming in, etc. I mean if there's no specific enforcement body, then this.

  • Karl Rhoads

    Legislator

    Yeah, there is an appropriate.

  • Donovan Dela Cruz

    Legislator

    Yeah. Thank you. But there's also the there's several task force built.

  • Karl Rhoads

    Legislator

    Yeah. There's several other fireworks cells that are still alive. Yeah.

  • Committee Secretary

    Person

    Other questions or concerns if Not Synerchang. For SB 1324 insurance recommendations pass with amendments of the Members present. Are there any objections or reservations? No. Noting Senator was no vote recommendations.

  • Donovan Dela Cruz

    Legislator

    Thank you. You guys vote oh almost same recommendation. Thank you. Thank you.

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