Senate Standing Committee on Judiciary

Okay. Calling to order the Joint Committee on Ways and Means and Judiciary.

This meeting, including 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.

In the event that we have to abruptly end this hearing due to major technical difficulties, the Committee will reconvene to discuss any outstanding business. Friday, February 28. 10:05 in this room. This is decision making only. If you are interested in reviewing the written testimony, please go to our website.

You will find a link on the status page of this question. Okay, first item is SB414. Recommendation is to pass with amendments blanking the appropriation, amending Section 4 to appropriate funds out of the Major Disaster Fund and defecting the date to 2050. Any discussion? If not Chair votes Aye.

[Roll Call]

For SB414. Same recommendation for JDC. Members any questions or concerns? If not Senator Gabbard.

[Roll Call] Measures adopted.

Okay, Next up is SB 223. This requires the State Fire Council to amend the State Fire Code to require certain owners and occupants of properties located in hazardous fire areas to maintain effective fire breaks. Recommendation on 223 is to pass with amendments in Section 1.85.1.5.

Require the Department to establish an independent program relating to the prevention, control and extinguishment of wild land fires within forest Reserves and Section 185. 3.

Add powers for the Administrator, its Administrator to establish and maintain facilities for the performance of fire protection, fire prevention, pest control and forest and range protection enhancement activities and will insert a blank appropriation month amount for fiscal years 26 and 27. Questions or concerns? Seeing none. Vice Chair.

On SP 223. SD1. To pass with amendments with all Members present. Are there any no votes or reservations? Hearing none. The measures passes.

Ways and Means same recommendation.

All Members present. Anyone voting no with reservations? Measure adopted.

Okay, thank you. Next up is SB 1009. Establishes a state reserve parking space enforcement fine for parking and parking spaces reserved for persons with disabilities or electric vehicles. The recommendation here is to pass with amendments.

Like to make the amendment requested by the Disability and Communication Access Board to apply the court costs $100 State Reserve parking space enforcement fines provision consistently across all three violations in Sections 291-57-72.

Clarify that the State Reserve parking Space enforcement fine is additional and shall be enforced and collected by the district courts and deposited in the Safe Routes to School program special fund else okay that's the recommendation.

Any questions or concerns? Seeing none, Vice Chair.

On SB 1009 SD1 to pass with amendments. Of the all Members present and any no votes or reservations? Hear none the Measure's adopted.

Ways and Means same recommendations.

All Members present anyone voting no with reservation? Measure adopted.

Thank you. Next up is SB 1149. This defines reported hate crime requiring requires reporting of all possible reported hate crimes to appropriate authorities.

Recommendation on 1149 is to pass unamended note in the Committee report Hawaii Commission Civil Rights Commission report to the Legislator titled Addressing racism in Hawaii Looking back during the Covid 19 pandemic and moving forward which recommends in part that law enforcement agencies and the Attorney General should continue to migrate to policy level hate crime data reporting that's in the Committee report on amended is the recommendation. Questions or concerns? If not Senator Gabbard

On SB 1149 SD1 to pass as is any no votes or reservations? [Roll Call] The measures adopted.

Ways and means same recommendation.

All Members present anyone voting no with reservation? [Roll Call]

Thank you. Next up is SB 1402. This clarifies that the requirements for the securing of mooring lines in state commercial harbor shall not apply to certain vessels.

Recommendation on SB 1402 is to pass unamended questions or concerns? If not Senator Gabbard.

On SB 1402 SP1 to pass as is any no votes or reservations? Hearing none the measures adopted.

Ways and Means same recommendation.

All Members present anyone. Voting no with reservation? Adopted.

Thank you. Next up is SB 1441 this this would extend the transfer of the Oahu Regional Health Care System from the Hawaii Health Systems Corporation to the Department of Health by the end of 2029.

Recommendation here is to pass with a number of amendments would like to insert language in the preamble noting the desire to create a partnership between HHSC Oahu Regional healthcare system and DOH to assist with the needs of patients from the state hospital who are more a more appropriate fit in other facilities like to revert to the original with regard to repealing which would mean that the repeal it would repeal the transfer of the Oahu Regional healthcare system to DoH and then we'd also like to amend part two of the SD1 to reflect the following to mandate an agreement between Oahu Regional Healthcare System and Department of Health.

Currently Part two mandates an agreement providing care to low acuity patients in the Department of Health's custody no later than 12-31-29 and then we'd also like to change the Oahu Regional Health System and the Department of Health shall enter into an agreement regarding the care of patients transferred from the Hawaii State Hospital to an appropriate Oahu Regional Health Care System.

This agreement shall include considerations of the following the transfer of all or portions of the LAHI facility to receive and provide services for patients an arrangement for transfers of patients and services in a combination approach between a transfer of portions of Laahi associated facility of Department of Health and the provision for transfer and services for patients.

The Oahu Regional Health System care system and the Department of Health shall enter into the agreement through a formal memorandum of agreement no later than November 30, 2025 with the patient care starting with patient care starting no later than December 31, 2025 and then we'd like a report to the Legislature no later than 40 days prior to the start of the session.

26 I guess that is 26th session on the agreement between Oahu Regional Healthcare System and Department of Health.

Questions or concerns? Seeing none. Vice Chair.

On SB 1441 SD1 recommendations to pass with the amendment of all Members present any no votes or reservations? Hearing none. The measures adopted.

Ways and means same recommendation.

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

Thank you. Next up is SB 1442. This clarifies and updates the responsibilities of the child in the adolescent mental health division of the Department of Health.

The recommendation here is to pass with amendments put in bad effective date on it of April 23, 2057 and we'll note in the Committee report that future committees may want to consider the amendment to statutory to the statute to state that necessary mental health services for children and adolescents are subject to are subject to funding in section three of the bill.

Just to look at that to see whether that's appropriate language or not.

So that would be in the Committee report. Questions or concerns? If not Senator Gabbard.

Recommendation is to pass SB 1442 SD1 with amendments. Any no votes or reservations? Hearing none. The measures adopted.

Ways and Means same recommendation.

Any no votes? Any reservations? Measured Adopted.

Thank you. Next up is SB 1478. This requires masters or persons in charge of vessels to follow an order by harbor master to evacuate a commercial harbor in emergencies. The recommendation here is to pass unamended. It does have a defective date already and we'll note concerns from the testimony in the in the Committee report.

Questions or concerns? If not Vice Chair.

On SB 1478 SD1 and recommendations to pass as is. Any no votes or reservations? Hearing none. The measures adopted.

Ways and Means same recommendation.

All Members present. Anyone voting no with reservations? Measure adopted.

Thank you. Next up is SB 1493. This requires sellers or providers of emotional support animals as well as those issuing verifications of a disability related need for an emotional support animal to provide written notice to the buyer or recipient containing specified information.

The recommendation here is to pass unamended. Questions or concerns? If not Vice Chair.

On SB 1493 SD1 and recommendations to pass as is. Any no votes or reservations? Hearing None. The Measure's adopted.

Ways and Means, same recommendation.

Members, anyone voting no? With reservation? Measure adopted.

That concludes our business. Thank you very much. Okay.

Calling to order the 10:26 a.m. Ways and Means agenda. First item is SB589. Recommendation is to pass unamended. Any discussion? If not Chair votes Aye.

All Members present. Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1419 recommendation is to pass unamended. Any discussion? If not Chair votes Aye.

All Members present. Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1431 Recommendation is to pass unamended. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1456 recommendation is to pass unamended. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1473 Recommendation is to pass with amendments amend the transfer of funds for central services expenses from only the Highway Fund, Airport Revenue Fund and Harbor Special Fund by limiting the reduction from 5% to 2.5% of all recipient receipts and deposits in the fund. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1638 recommendation is to pass with amendments amending Section 4 so the appropriation is specific to the Department of Transportation's Administration division in program ID TRN 995. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Calling to order the 10:30 agenda starting with SB71. SB71 recommendation is to pass with amendments adopting LRB tech amendments and defecting the date to 2050. Any discussion? If not Chair votes Aye.

Members anyone voting no? With reservation? Measure adopted.

Thank you. The next item, SB103 recommendation is to pass unamended. Any discussion? If not Chair votes Aye.

All Members voting no? With reservation? Measure adopted.

Thank you. Next item, SB177 recommendation is to pass unamended. Any discussion? If not Chair vote Aye.

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

Thank you. Next item, SB298 recommendation is to pass unamended. Any discussion? Chair Votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB378. Recommendation is to pass unamended, any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB479. Recommendation is to pass unamended. Any discussion? Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB657. Recommendation is to pass unamended. Any discussion? Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB897.

Recommendation is to pass with amendments, adopting LRB tech amendments and moving the trust fund from HERA to DCCA with the Governor appointing the Executive Director, subject to Senate advising consent for up to four years, exempt from Chapter 76 and minimum qualifications added or set by PUC while removing all references to any advisor to the fund.

Remove the option for the contributors to receive payments from the Wildfire Liability Trust Fund for Wildfire Mitigation Plan efforts. Insert language for investor owned utilities to use securitization to pay their contribution to the Fund. Insert language allowing contributors to bond Fund their initial payments into the trust fund via securitization.

Blank the required amount funded by investor owned utility shareholders. Prohibit the Fund from being treated as an asset or the investor owned utility. And bankruptcy proceedings clarify that a PUC approved. That a PUC approved and adhered to Wildfire Mitigation Plan is required to access the Fund.

Amend page 17, line 10 so that the court may instead of shall, consolidate cases. Allow cooperative utilities to participate in the Wildfire Liability Trust Fund using language from SB 1201 and remove language that prevents parties seeking damages from pursuing a lawsuit if they do not file a claim with the fund.

And insert a new part to require that the PUC establish standards for each electric utility to replace fossil fuel resources with firm renewable sources in the renewable energy portfolio standard. Any discussion?

Chair, just a little bit clarification. Are we doing this on the surcharge established for Hawaiian Electric Revitality Administration? Is this later on going to be a cost going down to the consumer?

Yeah, they're going to have to. Well, I'll defer to the subject matter, Chair.

Right now there's going to be a cost sharing. The initial bill had ratepayers paying 99.5% of this fund. I think we're going to contemplate the idea of having HEI and their shareholders. Pay for part of it. I don't think we've determined what part of it yet.

So some of those numbers are blank.

Okay, thank you, Chair.

Any further discussion? If not Chair votes Aye.

All Members present. Anyone Voting no? With reservations?

Hold on. Reservation for for Inouye, Kidani, DeCoite and Fevella.

Okay. Measure adopted.

Thank you. Next item, SB960. Recommendation is to pass, unamended. Any discussion? If not Chair votes Aye.

All Members present. Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB961. Recommendation is to pass.

Last one was 916.

6.

Okay.

SB 961. Recommendation is to pass, unamended. Any discussion? If not Chair votes Aye.

Anyone voting no? Any reservation? Measure adopted.

Thank you. Next item, SB989. Recommendation is to pass, unamended. Any discussions? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1043. Recommendation is to pass with amendments adopting LRB tech amendments. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1120. Recommendation is to pass, unamended. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1377. Recommendation is to pass with amendments adopting LRB tech amendments. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1395.

Recommendation is to pass with amendments deleting Section 2, 3 and 5 and removing all references to special Fund and inserting requirements that skim funds from the EBRF shall only be allowed if the EBRF balance is in accordance with the BNF Administrative Directive 22-01 requiring that 20% Reserve balance between the EBRF and the carryover balance.

And requiring that the accrued interest from the EBRF shall be deposited into the General Fund and requiring that the Governor shall include in the Executive budget request an amount equal to the interest earned from the monies in the EBRF in the most recent fiscal year to be used to advance projects addressing climate change impacts.

Any discussion?

Question. So we're still looking at this to be automatic? No. The funding goes to them automatically.

No. So what this does is as long as we have a 20% Reserve balance, the Administration can take the some of the interest from the ebrf, deposit it into the General Fund.

Then what we're asking is that the Governor use that same amount and has he has to recommend projects through his budget that we can review and change or. Because, you know, I really believe that we're the appropriating body.

So he came out of the Committee where it was automatic. Automatic. The TAT amount goes into this.

This is not the TAT bill. This is not that. No, this is the EBRF.

Oh, I'm sorry, my bad question.

The measure also Includes though in the title, requires a portion of the revenues from the TAT.

So, yeah, deleting Section 2, 3 and 5. That's what my recommendation was.

Okay, so you're deleting any portions from the TAT, then, just to confirm.

Yeah, deleting sections 2, 3 and 5.

Thank you. Thank you. Chair.

Is Economic Development? Yeah. Okay. Any further discussion? If not Chair votes Aye.

If passed with amendments. Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1396. Recommendation is to pass with amendments on page 3, remove lines 1, 2, 3 and delete and allocate a portion of the tax to the Climate Mitigation and Resiliency special funds.

And delete line 7, removing all references to the special fund that was created in this measure by deleting sections 2, 3, 5, 6, 7, 8, 9 and 10, and blank all references to the proposed Increases in sections 4 and make conforming amendments, inserting language to specify that the TAT proceeds shall be deposited into the General Fund.

And inserting that the Governor shall include in the Executive budget an equal amount to blank percent of the monies collected pursuant to chapters 237D in the most recent fiscal year to be used to advance projects addressing climate change impacts.

So a very similar approach where if anything is raised, it goes into the General Fund. And whatever would have been in the special fund, he has to now put that as part of his budget request.

So no dedicated funding to the special fund.

There's no special fund. Yeah. Yeah. Okay. Any further discussion here?

Okay. I'll be voting with reservations only because. As well, with regards to the tremendous amendments made, but also just to let everyone know that the climate Mitigation Resiliency is in OPSD, which is under my purview of the Water and Land Committee. Yeah.

So we're deleting the. There's no special fund anymore.

All right, I'll still vote with reservations.

Any further discussion?

I just. You. We didn't hear in the Committee from the industry, the tourist industry as far as the. And the hotel industry as far as the tax. So this still includes a.

Yeah, but. It has a blank percentage.

Okay, I'm going to go wr and defective date.

Yeah.

Thank you.

Okay. Any further discussion? If not Chair votes Aye.

Anyone voting no with reservation. I have Kim and Inouye and Wakai. Anyone else? Okay, measure adopted.

Thank you. Next item, SB 1418. Recommendation is to defer. Next item, SB 1448. Recommendation is to pass with amendments, adopt LRB tech amendments, blank the appropriation and require that any damages awarded or settlements from potential litigation are deposited back into the General Fund and defect the date to 2050. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopt.

Thank you. Next item, SB 1501 recommendation is to pass with amendments. We will be removing references to July 1, 2050 on pages 8 and 9 to ensure that the step in agreement applies to all future PPAs and revise that the preamble as needed to align with the amendments made throughout the measure.

And on page nine, line 19, insert. Prior to entering into any agreement, the Department may conduct a due diligence review of the prospective obligee and amend pages 10 and 11 by deleting language as necessary to ensure the step in agreement applies accordingly.

Page 18, line 11, insert language to establish the Fund outside the state treasury and amend the definition of an obligee to mean any user, owner or operator of the Hawaii Electric system that is owed payment of purchase power costs by the electric utility under a power purchase agreement that does not claim a tax credit for a project system under HRS 235-12, 1 or B2.

Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. Next item, SB 1526 recommendation is to pass with amendments adopting LRB tech amendments. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you. And next item, SB 1541 recommendation is to pass unamended. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Okay. Calling to order the 1031 Ways and Means Agenda. First item, SB 1589, password. Amendments will be inserting a new provision that any private donations provided to the stadium authority shall be deposited into the NASID special Fund and only be used for infrastructure related to the stadium and costs associated with the development of the stadium. Any discussion?

Question? I'm not sure if it's germane to this, but. So this fund, is this the Fund that the DAGS is using to pay for all of their consultants that they've hired? Did you know that?

Well, they got the original appropriation of the 350.

Yeah, but they've spent like 20 something million on consultants, which I have questions about. But is it coming out of this fund, is what I wanted to know. Did they have their own funds?

You know, I'll get back to you. But the only special fund I'm aware of is the current state special fund, so.

Yeah, but I was wondering, because DAGS is the one that is doing all the procurement, right? I mean, for. For the stadium. Yes. And they in fact, have contracted with consultants that I understand. Is it's like 20 plus $1.0 million that they've already spent. So I'm wondering where that money's coming from.

Is it coming from this fund or is it their own bank's own funds that.

I'll get that to ASAP. Can you speak into the mic? Sorry. I'll get that today. Which fund those funds are coming up, where the funds are currently coming out of. And then is the question also to identify the fund where these. This gift or donation would go into? Yeah. Okay.

Yeah. Because yesterday when we talked about the amounts that was that's going to cost that that funds was not mentioned. I didn't realize that funds was so high.

We'll check. Yeah. So what the bill does is we've actually budgeted 49 and a half million already, but they can't spend it because the ceiling is not high enough.

And we, you know, talking to some of the Members instead of just trying to lift the ceiling in the budget, we, we short form the bill or create or actually drafted a bill.

So the 49 million we they have is that to pay for that.

Except they haven't spent it. It's actually for the whole project. It doesn't dictate how they spend.

I'm wondering where that money's coming.

So they have the 350 plus the. The 49.5 but they could never spend the 49.5 because the ceiling is not high enough. So what we're doing is lifting the ceiling but putting conditions to address some of the concerns I think that you brought up and everybody else. That's why it says requires conditions.

But the appropriation was already made. It's just that they can't spend it.

Because so Chair clarification the this of the lifting of the ceiling, the funds that goes into there does not go. To n. It goes direct to stadium.

Well that. That is the same one in the same because it says that if there's any donations.

Okay. So going to be for both. Does I try to clarify.

So it doesn't go to the developer. Yeah. It just goes to the authority.

Authority decides to pay.

Yeah.

Okay.

Okay.

Thank you.

So if we received any private dollars, it would go to the stadium authority into the special Fund only to be used for the purposes that I described. Because I think some of the concern was if we get donations, how do you know there's accountability for it? Where does the money go? Who accepts it?

And so we're just trying to codify that.

Any other thing you want to add is that I think we putting some hooks into this body like dangling in front of Stanford car. You'll get this, but you better meet. All of these criteria. So really having the state take charge of the process going forward.

Any further discussion? Not sure if we'll say.

Okay, all Members present, anyone who already know with reservations as you're adopted.

Okay, next item. SB944 recommendation is to pass with amendments adding a sunset to Section 1 on July 1, 2030 and defecting the date to July 1, 2050. Any discussion? If not Chair votes Aye.

Anyone voting no? With reservation? Measure adopted.

Thank you.