Senate Standing Committee on Judiciary

Hey everyone. Welcome to the Judiciary Committee. This is our decision making only agenda for February 26th at 9:40. We're going to go right into it, unless there are any objections. Seeing none. First up is SB 15. This amends the definition of historic property to require that the property meets the criteria for inclusion in the Hawaii Register of Historic Places or has important value to Native Hawaiians or other ethnic groups in the state.

Recommendation here is to pass with some amendments. We do have prior concurrence for. So we'll amend the definition of historic property. Require the Property to be 50 years old and culturally significant or otherwise significant for registration on the Hawaii Register of Historic Places. Sorry. I'm sorry. Recess for a moment. I'm not sure that was the, that was the correct recommendation. Hang on. Recess.

Coming out of recess on the first bill, SB 15. So the recommendation is to amend it to say the building has to be 50 years old and either one of two things, able to meet the criteria for being entered into the Hawaii Register of Historic Places or has important value to Native Hawaiians or other ethnic groups in the State of Hawaii as set forth in the bill.

And we'll put a bad date on it as well, April 23, 2057. Questions or concerns? So the reason for that change was that the way it was written was that it was any one of the three, so it really actually made the, made more places of historic value instead of trying to narrow, which was the original intent. Any questions or concerns? If not, Senator Gabbard.

Chair's recommendation on SB 15 is to pass with amendments. [Roll Call] Measure passes.

Thank you. Next up is SB 97. This increases the penalty for a third or subsequent offense of excessive speeding to a class C felony. The recommendation here is to pass with some amendments. We accept some of the suggested amendments from the AG. We'll clarify the Class C penalty language on pages 4 and 5 by specifying that is an indeterminate term of imprisonment of five years pursuant to Section 70660. Specify that the license revocation period begins upon release from imprisonment.

Removing the mandated driver retraining course penalty, as it's not authorized under Section 706-605. And clarify the language in subsections E on page 6 regarding the process to be fingerprinted. But don't change the application of the subsection so it will apply as written in the SD 1 to persons on their third conviction within five years. Senators? Questions or concerns? If not, Senator Gabbard.

Chair's recommendation on SB 97, SD 1 is to pass with amendments. Are the Members present? Are there any no votes or reservations? Noting the no vote for Senator San Buenaventura. The measure passes.

Thank you. Next up is SB 145. This amends the conditions, manners, and areas in which the Commission on Water Resource Management can declare and provide notice of water shortages and emergencies. The recommendation here is to pass as is. Questions or concerns? If not, Senator Gabbard.

Recommendation on SB 145 is to pass as is. Any no votes or reservations? Hearing none. Measure's adopted.

Thank you. Next up is SB 253. This excludes the good faith defense for associations whose boards adopt a budget that omits a detailed budget summary as required by Section 514B-148. Clarifies the unit owner's standing in the association's burden of proving compliance. Recommendation here is to pass with some amendments. We'll accept the CAI amendment.

So the budget summary must be in one document. It can't refer to other documents. And then we'll accept Philip Nerney's amendment that the board will, the board will have the burden to prove that they have substantially complied, which would be in place or not exactly a substitute but be the alternate standard instead of strict compliance. And we'll leave the bad date as is. Questions or concerns? 253. If not, Senator Gabbard.

Chair's recommendation on SB 253, SD 1 is to pass with amendments. Are there any no votes or reservations? No vote for Senator San Buenaventura. The measure passes.

Thank you. Next up is SB 371. This establishes the offense of criminal property damage to critical infrastructure facilities in first and second degrees as commitment of the offensive criminal damage of critical infrastructure facilities that caused the death of other persons to the offensive manslaughter. Recommendation's to pass with amendments.

We'll accept the AG's first alternative, which is to remove section 3 of the bill, which will have the effect of leaving the current manslaughter statute alone. Prosecutors are still able to charge for manslaughter in situations where critical infrastructure, tampering with critical infrastructure had resulted in death. And we'll accept a Charter Communications amendment to specifically apply the bill to broadband and cable networks. Has a bad date now. Okay. Those are the recommended amendments. Questions or concerns? If not, Vice Chair.

Recommendation on SB 371, SD 1 is to pass with amendments. Are there any no votes or reservations? Hearing none. The measure's adopted.

Thank you. Next up is SB 984, relating to water pollution. Requires a landowner in possession of 10,000 more acres to be liable for damages and fines arising from runoff originating on the land and entering into state waters or onto state lands. Recommendation here is to put a defective date on it, April 23, 2057. It's definitely a work in progress, but I am willing to have it advance so that that work can be done. Questions or concerns? If not, Senator Gabbard.

SB 984, SD 1. Recommendation's to pass with amendments. Any no votes or reservations? Reservations for Senator San Buenaventura. The measure passes.

Thank you. Next up is SB 1008. This authorizes the counties to adopt ordinances to enforce the accessible parking space requirements for parking spaces reserved for persons with disability and electric cars. Recommendation is to pass as is. Questions or concerns? If not, Senator Gabbard.

Recommendation is to pass SB 1008 unamended. Any no votes or reservations? Measure passes.

Thank you. Next up is SB 1454. This authorizes Department of Labor and Industrial Relations to issue an order of wage payment violation to the employer found to be in violation of wage and hour provisions. Establishes penalties, enforcement, and appeal procedures. The recommendation here is to pass with technical amendments only. Questions or concerns? Seeing none. Vice Chair.

On SB 1454, recommendation's to pass with amendments. Any no votes or reservations? Hearing none. Measure passes.

Thank you. Next up is SB 1481, relating to motorcycle instruction permits. Starting on July 1, 2026, requires all applicants for a motorcycle instruction permit to successfully complete a basic motorcycle rider course approved by the Department of Transportation. This one, just don't think it's ready to go, so I'm going to defer it.

SB 1496, relating to civil rights. Establishes that an unlawful discriminatory practice for places of public accommodation to deny a person with a disability full and equal enjoyment of information related to their services, facilities, privileges, advantages, or accommodation using information communication technology. Recommendation on 1496.

Recommendation's to pass as is, but I would like to include in the Committee language commentary on the Robles vs. Domino Pizza case and observe that physical accommodations do not get an exemption, but digital accommodations do. So future committees may want to take a look at that. So unamended with Committee report language. Questions or concerns? If not, Senator Gabbard.

Recommendation on SB 1496, SD1 is to pass as is. Any no votes or reservations? Measure passes.

Thank you. Next up is SB 1517. This authorizes the Board of Land and Natural Resources to lease public land for recreational residential use by public lottery and restrict participation in the public lottery to residents of the county in which the leased land is located.

So the recommendation is to change the lease term since it would be a lottery and people would be randomly chosen. Instead of having a 20 year lease, we will put in a five year lease and we'll also put a bad date on it, April 23, 2057, and I do have prior concurrence to make that change, those changes. Questions or concerns? If not, Senator Gabbard.

On SB 1517, recommendation's to pass with amendments. Are there any no votes or reservations? Hearing none. The measure passes.

Thank you. Next up is SB 1660. This requires employers in the hospitality industry to implement anti-harassment measures, providing training and equip certain workers with panic buttons. Recommendation's to pass unamended. Questions or concerns? If not, Senator Gabbard.

Recommendation on SB 1660, SD 1 is to pass unamended. Any no votes or reservations? Hearing none. The measure passes.

Thank you. Next up is SB 1662. This prohibits a landlord or the landlord's agents from charging an application fee for criminal background checks or credit reports if an applicant provides a certified copy of a criminal background check or credit report. Prohibits the landlord or the landlord's agent from charging the application fee if a comprehensive reusable tenant screening report is available. Recommendation's to pass as is. Questions or concerns? If not, Senator Gabbard.

Recommendation on SB 1662, SD 1 is to pass as is. Any no votes or reservations? Measure passes.

Thank you very much. Next up is SB 1074. This allows a previously authorized or permitted commercial activity or operations to continue operation while the appropriate agency determines whether the activity or operation is subject to or exempt from the environmental review process. Recommendation here is to pass with some significant amendments that we do have prior concurrence for.

So we'd like to remove the provisions permitting inactivity or petition operation previously undertaken to continue during a challenge. This will limit the temporary continuation to only those activities or operations previously permitted or authorized and thus prevent unauthorized or even illegal actions from continuing during the pendency of an EA or an EIS.

Clarify that previously permitted or authorized means permitted or authorized at the time of the challenge. This will clarify that temporary continuation is only available for activities or operations which currently are permitted and authorized. Entities who may have once had permission or authorization which no longer do will not qualify for the temporary continuation.

Then we'll impose a one year time limit on the temporary continuation subject to further temporary extensions at the discretion of the court. A one year time limit should be more than enough time for the majority of EAs to be resolved, but will ensure that the temporary continuation of challenged activities does not go on.

Sometimes EISs go on for 10-15 years, so would like to avoid that. And for those EAs which require more than one year to be resolved, the approving agency may petition to the court for an additional temporary extension, which the court may grant if a good cause is shown. This will ensure that for those challenges which are not resolved within a year, despite everyone's best efforts, the one year delay may be extended by the court.

As the section deals only with activities or operations challenged as being subject to the requirements of this chapter and as HRS 343-7 provides that such challenges must be done via judicial proceeding, the matter will already be already be before a judge well positioned to decide whether to grant an extension. Let's see, does it have a bad date? Yes, and it does have a bad date. Questions or concerns? If not, Senator Gabbard.

Pass with amendments on SB 1074, SD 1. Are there any no votes or reservations? Vice Chair votes with reservations. The measure passes.

Okay, thank you. Next up is SB 1322. This mental health bill clarifies and does a whole, a number of things. Clarifies and expands the circumstances and procedures available for emergency transportation, provides limits on liability for state and local governments, expands a notice requirement for an emergency hospitalization.

Other things. Recommendation here is to pass with some amendments. Complicated bill. Okay. Okay. So the amendments would be, at the AG and others request, restore language that allows for an emergency transport of a person who is imminently dangerous to self or others to be initiated by a healthcare provider. This is a current practice.

Add language to the section allowing emergency transport to be initiated by court order by a healthcare provider to require that the petitioner, if by court order, or the provider notify a mental health emergency worker of emergency transport and, when possible, coordinate the transport.

Beat the special immunity language that would exempt the state, counties, private sector, nonprofit organizations, and treatment providers and employees from civil liability and let the standard negligent laws apply, which is the current situation. And make a clarifying amendment regarding a person's failure to comply with an existing ACT order.

We'll delete the language on page 49, lines 19 to 21 that requires the ACT provider to assess whether the person meets involuntary hospitalization criteria because the person already has been ordered by a court to comply with specific treatment, and this will allow the ACT provider to proceed with the emergency transport so the person can receive the court ordered treatment. And will leave the date deffective. Questions or concerns? If not, Senator Gabbard.

Recommendation to pass SB 1322, SD 1 with amendments. Any no votes or reservations? Measure passes.

Thank you, Members. Next up is SB 1421. This repeals the requirement for the Department of Health to approve a provider's arrangement for the retention and preservation of patients medical records prior to ceasing operations. Clarifies that retention and preservation of medical records must be consistent with federal and state regulations. Recommendation here is to pass as is. Questions or concerns? If not, Vice Chair.

Recommendation's to pass SB 1421, SD 1 as is. Any no votes or reservations? Hearing none. The measure passes.

Thank you. Next up is SB 1439. This clarifies that the Department of Health has the legal authority and obligation to prevent and address nuisances that affect environmental health or public health or both. Our recommendation here too is to pass as is. Questions or concerns? If not, Vice Chair.

Recommendation on SB 1439, SD 1 is to pass unamended. Any no votes or reservations? Hearing none. The measure passes.

Okay, thank you. Next up is SB 1452. This updates Chapter 329 to make it consistent with amendments to in the Federal Controlled Substances Act. Recommendation here also is to pass as is. Questions, concerns? If not, Vice Chair.

Recommendation on SB 1452, SD 1 is to pass as is. Any no votes or reservations? Hearing none. The measure passes.

Thank you. Next up is SB 1255. This amends the Uniform Information Practices Act to require each contract to perform a government function to expressly require the contract to retain records in accordance with the retention schedule of the agency and provide for the agency with access to all records subject to Uniform Information Practices Act. While I'm sympathetic to some of the goals in the bill, I don't think it's ready to go. So that one I'm deferring as well.

Okay. Oh, I'm sorry. I just rolled right into the... So we had a 9:59 agenda. That last bill was on the 9:59 agenda, and that one is deferred. So our two agendas are finished. Thank you for being here, and Members, we do have a more decision making in 2:11 with Ways and Means.