Senate Standing Committee on Commerce and Consumer Protection

Good morning and welcome to this Friday, February 21st, 10:10 AM—Friday, February 21st, 2025, 10:10 AM Joint Committee decision making between the Hawaii State Senate Committees on Commerce and Consumer Protection and the Committee on Judiciary.

This is Room 016 at the Capitol and we are prepared to make decisions on a number of measures that were previously heard in their respective subject matter committees. Oral and written testimony were taken in those committees. We received written testimony on these measures as well and are prepared to make recommendations to the joint committees.

The first measure is SB 31, SD 1, the recommendation—relating to property—the recommendation is to pass this measure with amendments, defecting the effective date to July 1, 2050, to further the discussion of the measure. There are also some technical, non-substantive changes. Members, any discussion? Seeing none. Vice Chair, passing with amendments. Chair votes "Aye."

[Roll Call]

Thank you. Same recommendation from JDC. Members, any questions or concerns? If not, Senator Chang, who's acting as Vice Chair today.

[Roll Call]

Thank you. Next measure is SB 83, SD 1, relating to hotels. The recommendation on this measure is to pass with amendments. We will adopt the Attorney General's Office proposed amendments, adding a preamble and inserting a non-impairment clause. And we'll add a defective date on this measure of July 1, 2050. Members, any discussion? Seeing none. Passing with amendments. Chair votes "Aye."

[Roll Call]

Thank you. Chair's recommendation for JDC on SB 83 is to pass with amendments. Questions or concerns? If not, Senator Chang.

[Roll Call]

Thank you. The next measure is SB 82—182—SD 1, relating to service disruptions. Because this measure is substantially similar to the prior measure, the recommendation is to defer. Next measure is SB 321 relating to transportation. The recommendation on this measure is to pass with amendments, defecting the effective date of the measure to July 1, 2050, to further discussion on the on the Bill. Any discussion? Vice Chair.

Thank you, Chair, for the recommendations. I'm going to be voting with reservations, particularly with respect to how this Bill may impact Oahu and Honolulu types of abandoned roads. Thank you.

So noted. Any other comments or questions, Members?

I'll be doing the same.

Okay. So noted for Senator McKelvey as well. Vice Chair passing with amendments. Chair votes "Aye."

[Roll Call]

Thank you. Same recommendation for JDC. Members, any questions or concerns? If not, Senator Chang.

[Roll Call]

Thank you. Next measure is SB 1035, SD 1, relating to consumer protection. The recommendation on this measure is to pass with amendments, defecting the effective date of this measure to July 1, 2050. Yeah, that's it. Any discussion, Members? If not, Vice Chair, passing with amendments. Chair votes "Aye."

[Roll Call]

Thank you. Same recommendation from JDC. Members, any questions or concerns? If not, Senator Chang.

[Roll Call]

Thank you. Next measure is SB 1096, relating to license plates. The recommendation on this measure is to pass with amendments, adding a defective effective date of July 1, 2050. Any comments or questions, Members? If not, Vice Chair, passing with amendments. Chair votes "Aye."

[Roll Call]

Thank you. For JDC, Members, on SB 1096, same recommendation with amendments. Questions or concerns? Seeing none. Senator Chang.

[Roll Call]

Thank you. The next measure is SB 1160, SD 1, relating to consumer protection. The recommendation on this measure is to pass with amendments. We will adopt language codifying Section 3 by adding a new section to Chapter 481 B—"however by statutes"—sort of a substantive tech and we will defect the effective date of the measure to July 1, 2050.

Any comments or questions, Members?

Just a quick question on the repealing the provisions on ticket brokers that reveals provisions already in the law and supposed to ticket brokers happening in this space.

Can you?

I'll just go reservations for now. Just because I have a concern about the broker. The ticket broker language.

Okay, so noted.

Okay, thanks.

Okay. Any other comments or questions? Seeing none. Vice Chair, passing with amendments. Chair votes "Aye."

[Roll Call]

Thank you. The same recommendation for JDC. Members, any questions or concerns? If not, Senator Chang.

[Roll Call]

Thank you very much. I think we're adjourned.

All right. For the Judicial Committee, we do have a 10:20 agenda decision making only. Start out that one with SB 1030 to specify if the practice of election fraud intimidation includes carrying any firearm or weapon at or within 200 feet of a voter service center, place a deposit, or polling place.

The recommendation on 1030 is based on conversation with the Attorney General's Office about the wording. Make the following amendments, will limit the Bill to unconcealed carry for better nexus with the Bill's goal of prohibiting voter intimidation. Also, existing laws will address concealed carrying of a firearm at or near a voter service center.

Use the phrase "dangerous instrument" including a firearm instead of any firearm or weapon and add definitions to the statute for dangerous instrument, concealed and unconcealed. And we do have prior concurrence from the previous Committee Chair. Questions or concerns on 1030? If not, Senator Chang.

[Roll Call]

Thank you. Next up is SB 5. This establishes that if a state legislative vacancy occurs during the death or permanent incapacitation of the prior incumbent before a primary election, but after the close of filing for that election, and the prior incumbent was the only person whose name appeared on any ballot for that seat for the election, the governor's appointment of a replacement shall be valid for both the unexpired term and the next succeeding term.

Recommendation is to pass unamended but there is some question as to the constitutionality of this, so we'll mention that in the Committee Report, and then we'll also ask for an AG's opinion so the next Committee in the House can take a look at that if they want. So, unamended, with those other caveats. Questions or concerns? Excuse me.

If not, Vice Chair, Acting Vice Chair Chang.

[Roll Call]

Thank you. Next up is SB 95. This creates additional fines for any individual found operating a vehicle or moped without a current certificate of inspection. Passed with an amendment, we'll go ahead and insert $400 for the amount of the fine when the certificate is more than two years old. Right now, that's a blank amount.

So, that would be the only amendment. Questions or concerns?

My concern is that there's no justifiable reason to increase the amount of $400. That show me the testimony. And with that, I will be voting "No."

Okay. Any other concerns or questions? If not, Senator Chang.

[Roll Call]

Okay, thank you. Next up is SB 102. Prohibits third party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. The recommendation here is to pass with some amendments. Let's see.

We will revise Section 2, amending HRS 489 J at Page 3, line ones to 7, one—Lines 1 to 7—to read, "Any person who is charged a fee or price by or through a third-party restaurant reservation service for a reservation that is listed, advertised, promoted, or sold in violation of the section, or any restaurant for which a third party reservation service has listed, advertised, promoted, or sold a reservation violation section may bring a civil action, any court of competent jurisdiction."

This is primarily to clarify ambiguous language that might have implied that a person charged fees by a third-party reservation service could bring the action against the service or the restaurant and to clarify that the section is intended to give both grieved persons and restaurants legal recourse.

And then we'd like to change the—we'd like to insert the phrase, "Or a contractual designee of the restaurant expressly authorized by the restaurant to distribute reservations to a third party" after the word "restaurant" on Page 2 on Line 9.

This is to allow restaurant reservation services who have contracts with a restaurant, for example OpenTable, to distribute reservations to third party restaurant reservation services on the restaurant's behalf, if permitted to do so under the contract. Questions or concerns? If not, Senator Chang.

Synerchain Chair's recommendation for SB102 is to pass with amendments. Are the Members present? Are there any objections or reservations Seeing none of the recommendations adopted.

Thank you. Next up is SB142. This allows an insured to authorize the insurer to electronically deliver a claim check to the insured's mortgage mortgagee When a homeowner's insurance policy that covers a mortgage property allows for the payment of proceeds by issuing a check, the recommendation here is to pass with amendments.

We'll accept the banker's amendments amendment that is Remit proceeds not use the term remit proceeds not write a check except part of the insurer.

Council's insurer's counsel's proposed amendment that is insured may authorize in writing that the proceeds will go to the mortgagee and will add definitions of electronic delivery and mortgage agreement and we do have prior concurrence questions or concerns if not center.

Chain Chair's recommendation for SB142 is to pass with amendments of the Members present are there any objections or reservations seeing none the recommendations adopted.

Thank you. Next up is SB 146. This amends the conditions and procedures of alternative dispute resolution methods for condominium related disputes which have been the subject of complaint from some who believe condo boards are too authoritarian I guess is the right word. It has a bad effective date.

So recommendation is to pass as is Questions or concerns if not Senator Chang.

Chair's recommendation for SB 146 is to pass unamended. Of the Members present are there any objections or reservations seeing none the recommendation is adopted.

Thank you. Next up is SB147 also having to do with condos establishes processes and requirements for associations to impose fines against unit owners. Again this is topic has been a subject of complaint so it has a.

It does have a defective date but we would like to put make some technical changes to it and that would be the only amendment. Questions or concerns if not Senator Chang.

Chair's recommendation for SB147 is to pass with amendments so the Members present are there any objections or reservations?

No, not any.

Senator Awa's objection recommendation is adopted.

Okay, thank you. Next up is SB183.

This allows impasses and disputes relating to the amounts of state and county contributions to the Employer Union Health Benefits Trust Fund be resolved by arbitration and repeals of prohibition against strikes by Members of bargaining unions on the issue of the amount of state and county contributions to the trust Fund and I believe that only applies to units that can strike already and recommenders pass as is questions or concerns if not center Chang Chair's.

Recommendation for SB 183 is to pass unamended of the Members present are there any objections or reservations seeing none of the recommendations to $thank you.

Next up is SB 332. This prohibits sellers of foreclosed homes from bundling properties at public sale and requires each foreclosed home to be sold separately.

Specifies that the sale of foreclosed property is not final until either 15 days after the public sale or 45 days if an eligible bidder submits a subsequent bid or written notice of intent to submit a subsequent bid. Recommendation here is to pass unamended questions or concerns. If not Senator Chang Chair's recommendation for.

SB 332 is to pass unamended if the Members present are there any objections and reservations Seeing none the recommendations.

Thank you, Members. Next up is SB340. This clarifies that the Y Labor Relations Board has the authority to enforce its own orders issued pursuant to state law governing collective bargaining and public employment, in addition to discretionary to seek judicial enforcement of its orders under the Hawaii Employment Relations Act. Recommendation here is to pass unamended questions or concerns.

If not Senator Chang Chair's recommendation for.

SB340 is to be passed unamended. Of the Members present, are there any objections or reservations? Seeing none the recommendations adopted.

Okay, thank you. Next up is SB602. This include the Hawaii Public Housing Authority including includes any parcels owned by the Hawaii Public Housing Authority as areas that may be closed to the public. Recommendation here is to pass as is questions or concerns. Seeing none.

Senator Chang Chair's recommendation for SB602 is to pass unamended. Of the Members present, are there any objections or reservations? Seeing none the recommendations.

Thank you. Next up is SB869. This defines community outreach boards to mean a board established to serve in a community advisory capacity under a county Commissioner, County Department. Recommendation here. I'm sorry. It includes community outreach boards and existing provisions of the Sunshine Law related to neighborhood boards so they'll be treated essentially like neighborhood boards.

Does have a bad date already. So recommendation has to pass unamended questions or concerns sooner.

Chang Chair's recommendation for SB869 is to pass unamended. Of the Members present, are there any objections or reservations? The recommendation is adopted.

Thank you. Next up is SB871. This authorizes periods of imprisonment for individuals with previous arson convictions. Authorizes additional penalties for arson crimes that endanger vulnerable areas. The recommendation here is to pass unamended questions or concerns. If not Senator Chang Chair's recommendation for.

SB871 is to pass unamended if the Members present are there any objections or reservations seeing other recommendations adopted.

Thank you. Next up is SB971. It provides that if a law enforcement officer lawfully stops a motor vehicle and the operator operator is cited for driving without a valid license, the officer shall not permit the operator to resume the use of the motor vehicle.

Recommendation here is to pass with technical amendments only questions or concerns if not center.

Chang's recommendation for SB971 is to pass with amendments of the Members present. Are there any objections or reservations? No. Noting Senator Wise objection. The recommendation is adopted.

Thank you. Next up is SB 1022.

This prohibits intentionally leaving or confining pet animals in a vehicle under conditions that endanger their health, safety or well being allows law enforcement officers, animal control officers and firefighters to enter an unattended vehicle to protect the the animal and allows private citizens to rescue pet animal that has been left in an unintended vehicle under certain circumstances.

Our recommendation here is to make some amendments.

We'll accept the AG's request of amendments, delete the first subsection of the proposed law and section three of this Bill stating that no one shall intentionally leave or confine a pet animal and an unintended vehicle until under dangerous conditions because this activity falls under our current cruelty to animals in the second degree and is not limited to pet animals.

We'll combine the two proposed laws in the Bill by incorporating the remaining parts of Section three in the Bill into Section two and they'll be conforming and technical amendments as well. Questions or concerns if not Synergy Chair's.

Recommendation for SB 1022 is to pass with amendments of the Members present for their objections or reservations. No notice objections to error o wa the recommendation is adopted.

Thank you. Next up is SB 1099. This authorizes the Land Use Commission to designate important agricultural lands and adopt maps for the designated lands and counties that fail to identify and recommend important ag lands by December 312027. Recommendations to go ahead and pass unamended questions or concerns Seeing none certain.

Chang here's recommendation for SB 1099 is to pass unamended of Members present. Are there any objections or reservations seeing none of the recommendations adopted?

Thank you very much. Next up is SB 1255. This amends the Uniform Information Practices act to require each contract to perform contract to perform a government function to expressly require the contractor to retain records in accordance with the retention schedule of the agency. Recommendation here is we're not quite finished with this one. I'd like to defer it.

I will defer it until Wednesday, February 26th at 9:59am in this room. 016. Next up is SB 1263 creates a process for expediting the review of residential Transit Oriented Development on certain parcels within county designated transitory development zones that have a low risk of affecting historically significant resources.

The recommendation on this one is to put a defective effective date April 232057 and that would be the only amendment. Questions or concerns if not Senator Chang.

Chair's recommendation for SB 1263 is to pass with amendments of the Member to present under any objections and reservations Seeing none. The recommendation is adopted.

Thank you. Next up is SB 1373. This authorizes Department of Commerce and Consumer affairs and certain licensing boards to automatically revoke and refuse to renew, restore or reinstate the professional licenses of registered sex offenders.

The recommendation here is to pass with amendments to clarify for each new section that the conviction is a predicate for registering as a sex offender, not for a conviction as a sex offender. So it's really a technical amendment, but it's a fairly extensive technical amendment. Questions or concerns if not Snrchang Chair's.

Recommendation for SB 1373 is to pass with amendments of the Members present. Are there any objections and reservations seeing none. The recommendation is adopted.

Thank you. Next up is SB 1382 and this specifies that intentionally or knowingly causing bodily injury to a National Guard Member in the performance of duty as a Class C felony. Recommendations to pass as is questions or concerns if not Senator Chang recommendation for.

SB 1382 success unamended if the Members present Are there any objections or reservations Seeing none. The recommendation is adopted.

Thank you. Next up is SB 1408.

This clarifies that Act 130 Session Laws of Hawaii 2024 shall take effect on either the date of the Secretary of the Interior's notification letter to the Congressional Committee chairpersons that the act meets none of the criteria in Title 43 CFR Code of Federal Regulations, Section 48.2 or on the date that the United States Congress approval becomes law.

Recommendation is to pass as is. Questions or concerns if not Searching here's.

Recommendation for SB 1408 is to pass unamended. Of the Members present, are there any objections or reservations seeing none. The recommendation is adopted.

Thank you. Next up is SB 1413 disallows the Hawaii Public Housing Authority to sell, donate or dispose of property abandoned or seized in federal public housing projects.

Requires HPHA to notify the known owner of the abandoned or seized property and I believe they can already do this in state they already have this authority in state public housing projects. So recommendations to pass as is Questions or concerns. Sign on center chain.

Here's recommendation for SB 1413, unamended of the Members present. Are there any directions or reservations seeing on the recommendation of the document?

Thank you. Next up is SB 1429. This retroactively repeals the sunset date of the authorizations for primary caregivers to cultivate medical cannabis for their qualifying patients, increases the number of qualifying patients of primary caregivers authorized to care for from 1 to 5. And there's some other provisions as well.

Recommendation here is pass with amendments and go with the Department of Health's amendments see which had to do with violations and penalties. So there SMA texts so the violence so it adds a violation to the penalty section in addition to any other penalties allowed by law.

Any person who violates this park rule or rules adopted there under shall be fined no more than 5,000 for each separate violation. Each day in which a violation occurs or continues should be counted as a separate violation. I won't read the whole thing. Department of Health may impose an administrative penalty.

Any person agreed by the imposition of an administrative penalty. Cease and desist order of corrective action may request a contested case hearing. Any action taken to recover, collect or enforce the penalty provided for in the section will be considered a civil action. And I think that's an adequate summary. Questions or concerns if not.

Senator Chang, Chair's recommendation for SB 1429 is to pass with amendments of the Members present. Are there any objections or reservations seeing on the recommendations?

Thank you. Next up is SB 1447. Requires any order to cease and desist issued by the Director of Health that is administrative, administratively appealed to remain in effect during the appeals process. Recommendation is to pass as is Questions or concerns if not Senator Chan, here's.

Recommendation for SB 1447 is to pass unamended of the Members present. Are there any objections or reservations seeing none of the recommendations? Dr.

Thank you. Next up is SB 1451. This enhances sharing of critical infrastructure information between infrastructure owners and operators in the state government. The recommendation on this one is to hassle amendments. We do have prior concurrence SMA texts.

Consider whether to revise I'm sorry delete the phrase would reveal vulnerabilities and critical infrastructure and replace it with could reveal vulnerabilities in critical infrastructure. As noted in OIP's testimony. This phrase was added in the SD1 the Wood and potentially reduces the amount of information that the program would withhold from public disclosure under this proposed eventually confidentiality provision.

So we think could is better because it we don't want to like provide a provide a template for people who are trying to cause damage by saying, here's all the things that could cause a problem. So, I mean, yeah, that could cause a problem. So we will include that in the stuff.

That is the information that is withheld as well.

Questions or concerns, if not acting Vice Chair. Chair's recommendation for SB 1451 is to pass with amendments of the Members present. Are there any objections or reservations? The recommendations adopted.

Thank you very much. That concludes our agenda. Have a good weekend.