Senate Standing Committee on Judiciary

Okay, welcome everyone to the Judiciary Committee. We have several decision making only agendas today. The first one is slated for 10 o' clock, has one Bill on it. That's SB 1032. This is relating to campaign finance. Prohibits foreign entities and foreign influence business entities for making contributions, expenditures, electioneering, communications or or donations for election purposes. A recommendation on SB 1032 is to pass with some amendments.

Will replace the proposed Subsection 11, 356D, which would have required every business entity making campaign contribution or expenditures to certify to the Campaign Spending Commission within seven business days of the making of a contribution, contribution or expenditure that the entity was not a foreign corporation or foreign influence business entity at the time and will replace that with language that will allow such an entity.

If it intends to make contributions or expenditures within an election cycle to certify that it did not and will not be a foreign corporation or foreign influence business entity for the entire election cycle.

Insert language specifying that if the conditions that determine whether a business entity qualifies as a foreign influence business entity are held unconstitutional by final judgment, including all appeals, the Campaign Spending Commission will establish revised conditions that are constitutional. And further, the state's interest is set forth in this Bill.

And we'll also add language to the Committee report noting a case out of Minnesota, a federal district court case that affects a similar Minnesota law. Questions or concerns, if not.

Vice Chair Garrett for the vote on SB 1032. SD1 recommendation is to pass with amendments. Chair Rhodes. [Roll Call] Measure passes.

Thanks very much. Okay, so we'll go ahead and roll to our 1001 agenda since it's already after 10:01. First up on the 1001 agenda is SB 401. This is relating to firearms. It makes firearms. Rifle.

I'm sorry, firearms or rifles with the capacity to fire ammunition Of.50 caliber or higher, excluding antique pistols and revolvers and muzzleloaders on the. Puts it on the list of prohibited weapons. Recommendation here is to pass with some amendments.

We'll go ahead and exclude shotguns from the coverage of the Bill because typically we tend to think of shotguns in terms of gauges, but they do also have a caliber.

And not trying to get rid of shotguns would grandfather all the devices that would be banned by this Bill if legally registered as of the effective date of this Bill. But after that they wouldn't be. You wouldn't be able to sell them in the state or transfer them in any way in the State, including by inheritance.

And we'll put in a Committee report findings considering statistics about the prevalence of firearms and we do have prior concurrence. Questions or concerns?

Yeah, I still have concerns regarding the lack of inability to inherit.

Okay. All right, so noted. Any other concerns? If not, let's go ahead and vote. Okay.

[Roll Call] Measure passes.

Thank you. Next up is SB308. This expands the bands on pistols with the detachable magazines with over a 10 round capacity. Any. Any firearm with a. Excuse me. With a detachable magazine. With a detachable magazine over 10 round capacity. So for years pistols have had a 10 round limit and long guns have not.

So this Bill would fill that loophole. Recommendations of pass with amendments will allow clips of up to 30 rounds for any of the firearms not currently covered by the 10 round restriction. So pistols will be still limited to the 10 rounds but other firearms will be limited now to 30 rounds.

And we'll put findings and information about the Bill in the Committee report. Questions or concerns?

Yes. My understanding was also this was going to be grandfathered into for those who are beyond that that there should be a grandfather clause.

I don't know how that would work with something like this. I. I just. I don't know how it would work. There's so many of them around. Okay, we'll put in a grandfather clause, try to figure out how it works later.

Sounds good.

Any other questions or concerns? Seeing none.

Vice Chair Gabbard on SB308SD1 to pass with amendments. Are there any. No votes or reservations?

Reservations.

Reservations for San Buenaventura. Senator Awa. No. Vice Chair votes no and the measure passes.

Okay, thank you very much. Next up is SB382. This prohibits a procurement officer from disclosing a competing author offeror's proposal or evaluation score except the summary of scores during a debriefing requested by non selected offeror offeror. Recommendation here is to pass as is questions or concerns.

See none question on SB 382. Recommendations to pass as is any. No votes or reservations hearing none. The measures adopted.

Thank you. Next up is SB598. This extends the time restrictions in which the Hawaii Administrative Driver's License Revocation Office is required to issue a written review decision of a notice of Administration revocation of a. Did I skip one? zero, I'm sorry. 597. I read the. I read the Bill Number wrong.

Extends the time restrictions in which the Hawaii Administrative Driver's license Revocation Office is required to issue a written review decision of a notice of administrative revocation of a person's driver's license. It would extend the time periods to basically basically it's to allow the labs to have enough time to process the to do the testing.

Recommendation is to pass as is Questions or concerns if not Senator Gabbard on.

SB 597 recommendations to pass Unamended any no votes or reservations hearing none the measures adopted thank you.

Next up is SP771. This repeals the requirement that the Chairperson of the Hawaii Housing Finance and Development Corporation Board of Directors be a public Member. Repeals the prohibition that certain ex officio board Members shall not be eligible to serve as chairperson of the HHFDC Board of Directors.

Recommendation here is to pass as is Questions or concerns if not Senator Gabbard.

Recommendation on SB771 is to pass as is any no votes or reservations hearing. None the measures adopted thank you.

Next up is SB 1170. This is relating to the expeditious redevelopment and development of affordable housing rental housing Exempts certain affordable rental housing projects from the requirements for special management area use permits Clarifies eligibility for affordable housing projects to receive an exemption.

Recommendation on 1170 is to pass with amendments like to accept the amendments from the A couple of the amendments from the Office of Planning and Sustainable Development will amend Section 1a, subSection 1a and B of the Measure to subject special management use permits to the purposes of the of 205A 26, which is special management area guidelines.

Limit the issuance of permits under the Bill to redevelopment after wildfire, hurricane, flooding, tsunami or earthquake proclaimed by the Governor to constitute a State of emergency and delete the exemption of the issuance of the permits from all statutes, charters, provisions, ordinances and rules related to special management areas as it would appear to conflict with the previous section in the Bill.

Questions or concerns if not Senator Gabbard.

On SB 1170 SD One recommendation is to pass with amendments any no votes or reservations hearing. None the measures adopted thank you.

Next up is SB 1296. This exempts certain certain reconstructions of all or a portion of a destruction the Lahaina National Historic Landmark District that was destroyed by the wildfire on August 82023 from the requirements of a special management area minor permit or a special management area use permit.

Recommendation on this one is to accept the amendments proposed by both the AG and the Office of Planning and Sustainable Development to replace subsection W as follows. Reconstruction of any lawfully constructed structure that was damaged or destroyed in disaster from wildfire, hurricane, flooding, tsunami or earthquake.

Earthquake proclaimed by the Governor to constitute a State of emergency pursuant to Chapter 127a, provided that the structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide or shoreline erosion.

Reconstruction commences within five years starting from the issue date of the proclamation and the reconstructed structure shall be similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards. Glad I don't have to read that again. Questions or concerns if not Senator Gabbard.

On SB 1296 SD1 recommendations to pass with amendments Any no votes or reservations hearing none of the measures adopted.

Thank you. Next up is SB 1318. This amends Section 214 of the Hawaii Revised Statute to clarify that enforcement of criminal water pollution offenses remain under the jurisdiction of the Department of Health rather than Department of Land and Natural Resources. Recommendations to pass as is Questions or.

Concerns if not Vice Chair recommendation on SB 1318 is to pass as is. Any no votes or reservations? No one no vote for Senator Awa the measures adopted.

Thank you. Next up is SB 1657. This authorizes the Agriculture, an agribusiness development corporation, to acquire by condemnation any real property or interest in real property, including real property already devoted to public use.

Recommendation here is to pass with an amendment Accept the amendment proposed by DLNR to remove section 7B so that the ADC will not have the power to condemn public property. Yes, that's it. So no condemnation rights of other public property. Questions or concerns if not Senator Gabbard.

Recommendation on SB 1657 SB1 to pass with amendments. Any no votes or reservations hearing none of the measures adopted.

Thank you. Next up is SB 1102. This establishes that the chief of the State Aircraft Rescue Firefighting Unit of the Airports Division Department of Transportation so serve not more than three terms of four years each and requires the Director of Transportation to appoint the chief from A list of 3 qualified candidates.

Recommendation here is to pass with an amendment. The fire count the State Fire Council will be will be the the entity that gives the three names to the Director of DOT to to name this position from questions or concerns if not.

Senator Gabard recommendation on SB 1102 SD1 is to pass with amendments. Any no votes or reservations. Your none the measures adopted.

Okay. Thank you. Next up is SB100. This provides that leaders of nonprofit organizations shall be exempt from County Liquor Commission's criminal history check requirements for license Applicants recommendation is to pass with some amendments.

Replace the current substance with a provision that prohibits fingerprinting of officers, directors and board Members of nonprofits holding liquor licenses when performing background checks checks and apply this Bill to counties with populations of under 500,000. Questions or concerns?

If not Vice Chair recommendation SB100SD1 is to pass with amendments. Any no votes or reservations hearing down the measures adopted.

Okay, thank you. We have one more agenda. It was the 1007 agenda which we'll go straight into since it's 1013. This has one Bill on it. It was. I believe this was carried over from previous. No, no. I'm sorry. This is just a separate one Bill Agenda.

SB363 disallows the carrying or possessing of firearm parts only at or between certain locations and an enclosed container defines firearm parts and prohibited persons. This is a really a cleanup Bill from the ghost gun law that we passed in 2020. Our recommendation here is to pass with some amendments.

Will accept the Department of Law Enforcement's proposed SD2 that does the following Deletes the proposed new section titled Place to Keep Firearm Parts Penalty and instead relies on the SD1amendments to existing firearm statutes that prohibits possession under certain circumstances. We'll additionally amend hrs section 134.

Seven having to do with prohibition on firearms ownership, possession or control to incorporate similar amendments and will delete the proposed definition of prohibited personnel is no longer necessary. We'll expand the available penalties in three statutes to specify an indeterminate term of imprisonment. And there are technical amendments and we'll leave the. That's it. Technical amendments. Questions or concerns?

If not Senator Gabbard recommendation on SP363SD1 is to pass with amendments. Are there any. No votes or reservations? No, no. Vice Chair also votes no. The measure is not adopted.

Okay. Thank you. That concludes our business here. Members. We do have another Joint Hearing with Ways and means at 1025 upstairs and 211. Thank you for adjourn.