Senate Standing Committee on Judiciary

Okay. Welcome everyone to the Judiciary Committee hearing this Thursday morning, March 20. 9:45. We have one item on the. Oh, we have do have a two minute time limit on oral testimony both in person and online. And if we have a catastrophic zoom failure, we'll try again tomorrow morning, Friday the 21st at 9:30 in this room.

9:30 a.m. in this room. 016. So the only item on the 9:45 agenda is Governor's message 666. This is submitting for consideration and confirmation of the Commission on the Status of Women Gubernatorial nominee Rose Kemna for a term to expire June 30, 2029. First up on GM6, 166 is Sher Manor for the Chamber of Commerce.

In support, Raina Miyamoto for Hawaii Homeownership Center. Also in support, Christine Camp for Avalon Group. In support, Sherry Tsukamoto. In support, Rebecca Vanessa Witz. In support, Igor Panessiewicz. In support, Tricia Nakota. In support, Carmen Iommazo. In support, Kim Leslie Suarez. In support, Ivy Nagayama. In support, Rick Alhadoff. In support, Joanne Paahao. In support, Mary Coleman.

In support, Pauline Sheldon. In support, Tracy Heinrich. In support, Maritas Boomonglog in support. And Aim Othi. In support, Sher, I did call your name if you want to come testify. Okay. Good morning.

Good morning, Chair. Thank you so much for the opportunity. To testify Sher Manor with the Chamber of Commerce, Hawaii. I'll stand on my written testimony. I just want to emphasize that I'm. So delighted that Rose is being nominated for this position when I. I find her one of the most sincere, authentic and very caring persons.

So I encourage you to approve her nomination.

All right, thank you. That's everybody who signed up on GM666. Does anyone else wish to testify on this measure? I see none. If the nominee would like to come up and make a statement after she gets a lay. Another lay. Good morning.

Good morning. Good morning, Chair Rhodes and the rest of the Committee. Nice to see you.

Yes. So you're welcome to make an opening statement, say why you want want the job and what you plan to do. Whatever you want to say.

Okay, great. Aloha, everyone. My name is Rose Medina Kemna and I'm a real real estate broker as well as a volunteer leader in the community. I'm so honored to be nominated for this position with the Hawaii State Commission on the Status of Women.

I feel that my background in both business and in the nonprofit sector work will bring a lot of value to the Commission. I look forward to providing unique perspectives and solutions for many of the broad spectrum of issues that concern women and girls in Hawaii and in our community.

And I, I know that There are over 170 boards and commissions that the governor's office oversees. But I do want to say that this is a very, very vital Commission because when our women and girls are supported in our community, it elevates our families and the rest of our community as well.

So I, I'm really excited and I ask for your support and I thank you for this opportunity.

Okay. I did have one question. So you've touched on it to some extent, but your work, your current, your previous activities, your work to this point, is there, do you think there's some special nexus between that and the Commission on the Status of Women?

Yes, definitely. I think because I do have the, by the way, I've met had in a meeting on March 10, I met the, the other commissioners and I am just so impressed by the amazing dynamic women that are part of this Commission and all, every single one of them bring tremendous value to the Commission.

I think what I bring is unique because of my background in business. I'm aware of, personally aware of workplace equity issues and also I have firsthand knowledge of women that own small businesses, being a small business owner my, myself. And so I can bring a lot of the experience and knowledge from my experience in this area.

And I do have a lot of experience in nonprofit work as well. So I think that background is a big plus for the Commission.

Thank you. Senator, would you like to ask the nominating questions?

No. I've had the pleasure of interviewing her right before this session and I have been impressed with her work after reviewing her resume, I guess publicly.

I want to know how you feel that the Commission on Status of Women at this time in history where to me women's rights are being attacked, how you feel that you could contribute as a Commissioner on the Commission and status of women so that, you know, we can unify and we can fight back and claw back what rights that may have been removed from us.

That is a very, very key question. Senator Sanborn Aventura. I, I definitely feel that it's a turning point right now for the Hawaii State Commission on the Status of Women.

It's an opportunity for us to lead in this area and we are the central body, from what I understand from hrs367, that the, the whole purpose behind the Commission is to be that central unifying force for all women organizations throughout the state.

So we have an opportunity to lead the, the, not just these organizations to collaborate with them, but also to lead what is happening with the energy and helping with.

For example, in our first meeting we had some testifiers come from the University of Hawaii and there was a lot of anxiety in the room because of what's been happening with the current Administration and the dissemination of that DEI initiative. So things were taken down from the website.

Everybody was very anxious in the room and our support and our words to them was very encouraging. They felt heard that day.

And so I believe that through our leadership, we can help to make impactful change in this area and we can help to lead and level up our community with a lot of the women organizations and really, really bring back the energy and that fight to keep and fight for what we deserve in terms of gender equity.

So thank you very much. And one other thing, and generally I think the Commission of Status of Women is from the State Department of Human Services.

But yes, actually it does fall under.

It surprised me that didn't go to my Committee, but it's all good. You know, my understand being a Legislator for 10 years and you know, fighting as a, as a attorney for, for my clients, it seems to me that women, the past 10 years or so at least since Roe vs. Wade, have become complacent.

We have accepted the rights that previous women generations have fought for us. But now that it's time, now that those benefits, those status of may actually be clawed back. As a Commissioner for the Commission Status of Women, I.

We're going to be expecting more from you probably than prior commissioners and, and I hope you step up to the challenge because we're no longer, we cannot, we no longer can be complacent. We cannot afford to be complacent at this time.

So I wish you all the luck and like I said, because you are going to be in my purview, we are going to be expecting a lot from you. So thank you very much, boys, for coming in and willing to volunteer to be on the Commission.

Thank you, Senator. I appreciate your words. Thank you.

Just, just for the record, the Commission on the Status of Women nominees have come to Judiciary for as long as I can remember. So I didn't cockroach the jurisdiction.

I'm also, I'm more than willing, I have more than enough board Commission to come.

Okay, so we don't have enough people to vote yet, so I will recess this. We have another hearing at 10 and hopefully we'll get one more. We need just one more person and you might want to hang around for a little while.

But if we can't get, if we can't get quorum, we'll probably have to roll it over till tomorrow. You don't need to come to that. It'll be pretty pro form, I'm pretty sure having heard what Senator San Buenaventura has to say.

So we're in recess for them for a few minutes.

Okay, welcome everyone to the 10am agenda Judiciary Committee on this Thursday the 20th. As before, we do have a two minute time limit on testimony both in person and on Zoom and on this. And if we, if we have a catastrophic zoom failure, we'll try again tomorrow at 9:30, March 21st in this room here. 016.

Having said that, since we have a third Member and we can vote, we will. I will recess this hearing and we'll go back into the 9:45 agenda. Back into the 9:45 agenda. This is the one for Governor's message 666.

Submitting for consideration confirmation of the Commission on the Status of Women Gubernatorial nominee Rose Kemna for a term to expire June 30th, 2029. Having had the hearing on this, listened to the testimony and the responses to the questions for the nominee, the recommendation is to advise and consent. We need something to vote. I'm taking the vote. Okay.

Recommendation is to advise and consent any questions or concerns. If not Acting Vice Chair San Buenaventura.

Okay, voting on GM 666. Chair's recommendation is to advise and consent. [Roll Call] Chair recommendation has been adopted.

Thank you very much. Okay, we'll that congratulations and we are adjourned.

Okay, Mayu we're ready to count.

Okay, welcome back to the 10 o' clock agenda. We're already going through the preliminary preliminaries. First up on this one are a pair of resolutions. Senate Concurrent Resolution 128 and Senate Resolution 107 requesting the Attorney General to produce and provide a list of state lands currently leased to the United States of America or any federal agency.

First up on SDR 128 is Miranda Steed, Deputy Attorney General. Good morning.

Good morning Chair, Committee. The Department of the Attorney General respectfully opposes the resolution as drafted mainly because it results in pre decisional guidance on whether or not these leases should be renewed. There are a number of leases that the Federal Government currently is the lessee to.

And as these leases either come up for renewal or presented as new leases, the Agencies that are tasked with leasing out land and are responsible for that land will make those decisions.

We recommend that the resolution be amended to ask the agencies that hold the land to provide an inventory as the Attorney General does not actually have any inventory of the land as it's not responsible for leasing land. And we are always available to our agencies that we represent to provide legal guidance as necessary. I'm available for questions.

Okay, thank you. Next is Melody Ada for Environmental CAU, Democratic Party of Hawaii in support. And then the same two people were up for SR107, so I won't drag you back up for that. Ask everybody who signed up on SCR 128 or SR 107. Would anyone else like to testify?

Neither one of these resolutions seeing none Members questions if not for the ag. So I realize that you guys don't have, you know, you don't keep the land record yourself, but you can ask people for the land. You can ask the other agencies for the land records. Correct. Or the lease records. I'm sorry, that'd be more accurate.

I mean, we could ask. But one of the issues is we have to as an agency go track down every lease that an agency, another agency currently has rather than just asking those agencies directly. The agencies with the most leases are going to be Department of Land & Natural Resources, Department of Education and Department of Transportation.

We'd recommend asking them directly to provide an inventory as they're going to be able to do that much more efficiently than our Department, which is essentially just asking us to ask us to act as a middleman.

Yes, there is a certain coordination aspect I was looking for because there are a lot of agencies and I don't, you know, then we're, then we're the middleman and we have to ask every agency and we don't even know who they all are. So I'm not. Anyway, I understand what you're saying. Other questions? Yes, go ahead.

So seems to me that every lease is going to be reviewed by an attorney and each of these departments have a deputy Attorney General assigned to them who probably reviews these leases. So wouldn't it behoove the Department of Attorney General who has these deputies for each of these departments be able to ask those deputies for.

For those leases.

So I'm one of those deputies who represents Department of Land Natural Resources and certainly I would be one of those deputies that is asked from time to time to review legality of a proposed land disposition such as the lease.

That being said, I personally don't know all of the leases that are out there with DLNR because my role is to advise the agency when they come to me for advice, not to actively go out and look into the inventories. So.

So while I could ask my client agency to provide a list of leases it currently has, it's again, not something that I have firsthand or specific knowledge of. It's still coming to go to the Department to actually get leases. And I don't know all of the leases that DLNR has because that's really not my Kuleana.

My role is just to advise on legal questions as they arise and as the agency that I represent presents those legal questions to me.

So each of these, I mean, we're in the 21st century, which means that usually leases are going to be PDF to the attorneys to review it.

Don't you have like a database or a hard drive where these leases are reviewed, at least during the time that you are reviewing them, or not necessarily at the time that you're reviewing, but during your term as a DLNR Deputy Ag?

No, I receive. I mean, you're correct that most of our assignments come electronically these days, but we're talking about leases that go back 65 years.

I would not have a database of those leases, nor would I even have a database of final lease agreements that have been executed because those are maintained by the agency that's actually providing the lease to the lessee.

Thank you. Thanks.

Thank you very much. We'll go ahead and unless there are other questions, we'll go ahead and move on to the next pair of RESOs, which is SCR153 and SR123.

This request in the County of Maui to fulfill its agreement with the state and resolve long standing jurisdictional ambiguities by completing the transfer of the Huey Roads, including Huey Road F from the Judiciary. First up on SCR153, SR123 is Rodney Miley, Administrator for the Judiciary in support. And that's everyone who signed up for this pair of resos.

Would anyone else like to testify in SCR153 or SR123? Seeing none, no one to ask questions of. We'll go ahead and move on SR SCR179, SR149 requesting the state LGBTQ Commission and the Commission on the Status of Women to review the Hawaii Revised Statute and make recommendations. Recommendation for General Neutral language terminology.

First up on SCR 179 is Michael Kaloyu testifying for Hawaii State LBTQ Commission on Zoom. Good morning.

Good morning, Michael Golojuch Jr., Vice Chair of the LGBTQ Commission. He him pronouns we stand in strong support of this resolution. While our original request was to have the Attorney General to lead this Commission, we are more than happy to lead this effort. We may not have within our complement the legal expertise.

We think that we are uniquely qualified to at least start this effort to find out how we can ensure that our Hawaii Revised Statutes meet the now definitions of gender when it comes to our making sure they go to gender neutral terms whenever possible and ever required. So we thank you for hearing this resolution. We.

We do support the Commission on the Status of Women's amended request for amendments on the resolution, and we are available for. I'm available for any questions as they may come up. Mahalo.

Thank you very much. Next up is Yasmeen Cheney, Executive Director for the Hawaii State Commission on the Status of Women. Good morning.

Morning, Chair, Members of the Committee. It's Yasmeen Cheney. That's okay. Okay, no worries. I stand on my written testimony. I asked for a little bit more. Time and a date to dissolve the. Work group, but otherwise, I stand in support, and I'm available for any question.

Okay, great. Thank you. Next. Pride at work On Zoom. Not available On Zoom Chair.

Also in support. Michael Senior in support. Spencer Denavian, support. Michael Cobb in opposition. Michael Cobb Jr. in opposition. Philip Steinbacher in support. Andrea Simpliciano in support. Frank Schultz in opposition. Shonda Brock in support. Michael Older in support. And let's see. It looks like the same group. Testify. Exactly. Marissa Miller Danta. Good morning.

Good morning, Chair and Committee. My name is Marissa Miller Danta, and I'm a UH Manoa social work student intern at Spill the Tea Cafe, an inclusive mental health clinic for teens. And I'm here to speak in support of Senate real estate solution 149.

I'm expressing my own views today, not speaking on behalf of the cafe, but I will tell you that from my time working there with the LGBTQIA community, I have realized just how powerful language could be. I have seen teens fight every day to be recognized, and the language of law should not be yet another barrier for them.

It is said that language has the ability to either empower or marginalize. And with the binary gendered language currently found within the Hawaii Revised Statutes, there are residents who continue to not be recognized. I think that policy should be accessible to all and precise.

And if we continue to allow gendered terms that perpetuate stereotypes and exclude individuals, we are upholding power dynamics that Maintain inequality and injustice. As society continues to evolve, so should our language. Other states have implemented similar legislation and I think it's time for us to do the same. Thank you for your time.

Thanks very much. Next is Holly Jill Zablon or Zablon or some other pronunciation. Zablan. Okay, great. Good morning.

Good morning. Good morning, Chair. All Committee Members, my name is Holly Jose Blond. I'm a social work student at the University of Hawaii at Manoa. Grateful for this opportunity to testify and advocate in strong support today of Resolution 149. This isn't just a matter of words. It's about recognizing and respecting all Members of our community.

In recent years, Hawaii has taken important steps forward. In 2013, marriage equality was established. In 2019, gender markers on state IDs were expanded to include X for non binary individuals. Now it's time to ensure our statutes align with these advancements. SR149 represents a powerful counterpoint to regressive efforts we're seeing across the nation.

And it affirms that in Hawaii we move forward, not backward. This resolution embodies our commitment to progress and inclusivity. And by updating, updating our laws with gender, gender neutral language, we can promote inclusivity for all Hawaii residents and ensure equal recognition under state law. Reflect diverse identities within our communities.

At a time when some seek to divide us, Hawaii has the opportunity to lead by example, ensuring that all individuals are equally recognized and protected under state law. Now more than ever, we must stand firm in our commitment to equality and inclusivity.

And by doing so, we show the world that aloha spirit is not just a principle of our culture, but a living practice that celebrates interconnectedness, honors the dignity of every individual and ensures our laws reflect the full spectrum of human identity.

I encourage you to support SR149 and take this important step forward towards making our laws more inclusive for all Hawaii people. Thank you for your time and this opportunity to testify.

Thank you very much. That's everyone who signed up on SCR 179 and Sr 149. Would anyone else like to testify in either of these measures? Okay. Seeing on Members questions, Michael Goo Jr. Are you still there? Yes, I am, Senator. Great. Was this, was this one that, that you guys that the Commission had asked for?

Yes, it was, but this is not the version we asked for. But the, the spirit is there.

Okay, did. Well, I guess I'm sort of leaning towards tasking the, the sort of legal part of it to somebody else.

That's how we. Senator, that's how we wanted it. But that's how you wanted it.

Okay. All right.

Yeah. So yeah, I. I believe I surprise supplied your staff with our original request which would lead have the AG as the lead. We're smart. We're not that smart.

Did you, did you consult with the AG about the, the, the RESO before you put it before you ask for it?

No. Okay. Because. Yeah.

No.

Yeah. I'll just leave it at that. Yeah.

All right. Members, other questions if not I think I'm ready to go to decision making if everybody's okay with that. Let's see.

Do you mind continue on with the. Been your advice for how many years before.

Okay. At the top of the agenda is SCR128/SR107. This is requesting the attorney general to produce and provide a list of state lands currently leased to the United States of America or any federal agency. Recommendations go ahead and pass it forward, but with some amendments.

I understand the AG's reluctance to sort of advise us beforehand about whether we should or shouldn't continue leases or allow for new ones.

So in the, in the resolve clauses, we'll ask for the merely for the age you determine whether there are state constitutional or other legal impediments to continued leasing to the federal government or offering new leases. Noting particularly whether leasing for a nominal amount of is violative of any state constitution or statutory provision.

And there'll be some technical non-substantive amendments. But I and we'll see whether my colleagues agree. But I do think it makes sense for the AG to be the one that leads this because I would like the legal question of whether ,whether continuing with these leases is are there if there are any legal problems with it.

Well, those are the proposed changes. Any questions or concerns? If not Senator San Buena, thank you, Vice Chair, thank you.

Senator, Acting Senator Vice Chair's votes aye. Senator Awa?

Chair recommendation has been adopted.

Voting on SCR128 Chair's recommendation is to pass with amendments. Chair votes aye. Senator Gabbard is excused. Senator Chang?

Aye.

Aye.

Thank you. Next up is SCR153/SR123 was in the County of Maui to fulfill its agreement with the state and resolve long-standing jurisdictional ambiguities by completing the transfer of the of the Hui roads including Hui Road F, from the Judiciary. Recommendation is, recommendation is as is, unamended, questions or concerns? If not, Senator San Buenaventura.

Voting on SR107 Chair's recommendation is to pass unamended, noting.

I'm sorry, we were just doing them by twos. So this is now 153/123.

Excuse me. Okay voting, yeah, we didn't do 107. Okay.

Yeah.

153 and 123.

I, maybe I guess we can vote on.

You can vote together, but there's nothing. Yeah, they were. Hang on.

Sorry.

I don't know if I said that correctly. So let's, let's, let's back up. Let's vote on SR107 separately on this case, but the next one will vote on them together. So for SR107, it's the same recommendation as the one on SCR 128.

Questions or concerns? It was. It was my fault for not saying they were together.

Okay, voting on SR107. Chair's recommendation is to pass with amendments, noting the excused absence of Senator Gabbard. Any reservations? Any no's? Seeing none, Chair, recommendation has been adopted.

Okay, thank you. Now, on this one we'll vote on them together. SCR153 and SR123, and it's unamended. Concerns, questions? If not. Thank you.

Okay, voting on SCR153, SR123 noting the excused absence of Senator Gabbard. Are there any reservations? Are there any no's? Seeing none. Chair recommendation has been adopted.

Okay, thank you. Next up is SCR179 and SR149. This is requesting the State LGBTQ plus Commission and the Commission on the Status of Women to review their revise statutes and make recommendations for gender neutral language terminology. A recommendation here is to pass with some amendments.

We'll change the agency request to do the comprehensive review to the Legislative Reference Bureau and will request that the that LRB consult with the Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer plus Commission and consult with the Y State Commission on the Status of Women and the civil rights experts at the Y State Civil Rights Commission in the University of Hawaii Richardson School of Law and the law related organizations such as Lambda Law and the Hawaii LGBT Legal Associates will change the timeframe so the LRB is provided a year and a half to complete the review and make recommendations with an interim report due to the 2026 legislature and a final report to the 2027 legislature.

And we'll make the reports due 40 days prior to the start of the respective sessions, and we'll update the recipients to reflect the changes. Questions or concerns? If not, Acting Vice Chair.

Voting on SR149, SCR179, Chair's recommendation is to pass with amendments, noting excused absence of Senator Gabbard. Are there any reservations? Are there any no's?

No.

No for Senator Awa. Chair recommendation has been adopted.

Okay, thanks very much, members. That concludes our business for today. We're adjourned.