Hearings

Senate Standing Committee on Agriculture and Environment

April 1, 2025
  • Jarrett Keohokalole

    Legislator

    Foreign and welcome to this Tuesday, April 1, 20205:10am hearing in the Hawaii State Senate. This is conference room 229 and this is a Joint Hearing between the Hawaii State Senate Committees on Commerce and Consumer Protection and Agriculture and the environment to consider one set of resolutions.

  • Jarrett Keohokalole

    Legislator

    Senate Concurrent Resolution 198 and SR Senate Resolution 178 encouraging Hawaii insurers and the Hawaii Property Insurance Association to reduce insurance costs on local residents by pursuing subrogation claims against polluters knowingly responsible for worsening climate impacts affecting Hawaii insurance rates. Safiya Gravel in support.

  • Jarrett Keohokalole

    Legislator

    That's all the submitted testimony we have from individuals who indicated they would be present to submit remarks on this resolution. In total, there were 47 pieces of written testimony all in support and one organization offering comments. Is there anyone else who would like to speak on these resolutions, please? Good morning.

  • Josh Danbro

    Person

    Good morning. Chairs, members of the committee. My name is Josh Danbro. I'm the former Chief Resilience Officer for the City and County of Honolulu. When I was there we did look at the implications of on insurance and the financial implications of the climate crisis. They are massive and I really appreciate that.

  • Josh Danbro

    Person

    The Senate is looking at alternative ways of pulling in funds and offsetting the costs on local consumers and residents to where the profits have been made over the last couple decades. So appreciate your scrutiny on this. Thank you.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. Is there anyone else who would like to testify on this set of resolutions? Okay, seeing none. Members, any questions for Mr. Danbro? Okay, seeing none. Having conferred with the co chair we are prepared to make recommendations. Okay, so the recommendation on this on these two resolutions is to pass with amendments.

  • Jarrett Keohokalole

    Legislator

    In recognition of the concerns voiced by the Hawaii Cattlemen's Council we will amend the first be it resolved clause in SCR 198 on page 2, line 20 and the associated clause on in SR 178 to replace references to- to replace the-

  • Jarrett Keohokalole

    Legislator

    the lang- the words polluters knowingly responsible with polluters who knowingly engage in misleading and deceptive practices regarding the connection between their products and climate change which is a reference to the earlier whereas clause. Just to clean it up and be very specific about who we're talking about. There are also technical non substantive amendments throughout. Members, any discussion?

  • Jarrett Keohokalole

    Legislator

    Okay, seeing none. Vice chair passing with amendments SCR 198 and SR 178. Chair votes aye.

  • Committee Secretary

    Person

    [roll call]

  • Committee Secretary

    Person

    [roll call]

  • Jarrett Keohokalole

    Legislator

    Thank you. Thank you. We're adjourned. Okay. Good morning.

  • Jarrett Keohokalole

    Legislator

    It's our 10:02am Joint Committee agenda. This is Senate Health and Human Services and Commerce and Consumer Protection in Conference Room 229, Tuesday, April 12th, 2025. I'll yield to the lead chair.

  • Joy San Buenaventura

    Legislator

    Okay, thank you very much. So calling SCR226, SR201, urging the med Quest Division, the Department of Human Services and Developmental Disabilities Division of DOH to amend the eligibility criteria for the Medicaid 1915 Home and Community based services waiver. First up, Hawaii State Department of Health providing comments. Okay, thank you very much.

  • Joy San Buenaventura

    Legislator

    Next we have Hawaii State Council on Developmental Disabilities in support.

  • Daintry Bartoldus

    Person

    Chairs. Thank you. Daintry Bartoldus, Executive Director for the Hawaii State Council on Developmental Disabilities. I'm going to ask my staff, Chase Silvert, give our testimony on this. He's worked with the DD division for the last year on this topic and he could give a better insight quicker than I can. Thank you very much.

  • Chase Silvert

    Person

    Okay. Hi, Chase Silvert. Really briefly. So we. We appreciate the intent of this measure or this resolution, but. So essentially we worked with DDD closely for the last year or so because their administrative rules were not doing the correct eligibility.

  • Chase Silvert

    Person

    There was a memo that we do have copies of that fixes this issue because they were not serving all people with IDD that they were supposed to memo fixes that, but the administrative rules themselves are still incorrect as they are written. The memo is a kind of a band aid fix to that.

  • Chase Silvert

    Person

    And we do just want to clarify that, yes, DDD does not provide eligibility or does not necessarily qualify somebody for waiver services, but you have to qualify for their program to get those waiver services. So their eligibility does matter. And thank you so much.

  • Joy San Buenaventura

    Legislator

    Thank you very much. Let's go through and then you can ask. Don't worry about it. Okay, thank you. Hawaii Disability Rights center in support. I see. Lois Erchik, please proceed.

  • Lois Erchik

    Person

    Yes, good morning. Thank you, Chair. Just picking up on what Chase and Daintree said. Yes. So I'm glad that you folks have got the memo because the resolution has some factual inaccuracies and the testimony of the Department has some inaccuracies. But the larger issue. Chair, I think we've been discussing this for a while. Trial.

  • Lois Erchik

    Person

    There's a tremendous amount of finger pointing that goes on you have both AMHD and DD are housed at Kino Holly. They're in the same building and they don't really talk to each other. And we have people, despite the testimony of DOH, if someone has a mental health issue, DD sends them to AMHD.

  • Lois Erchik

    Person

    And if someone has a DD issue, AMHD sends them back over there. So they may say that there's no problem in their testimony, but the reality of our experience is that there's been a lot of back and forth. And whether it's the waiver or something else, we need to have some better coordination to get them properly served.

  • Lois Erchik

    Person

    So thank you.

  • Joy San Buenaventura

    Legislator

    Thank you very much. Next we have. Excuse me, I was just handed the memo that I was reviewing while talking to you. So next up, we have Hcan Chevelle Davis in support. And we have Cody Sula, Ironworker Stabilization Fund and support. Cody, are you present on Zoom? Anybody else wishing to testify on SCR226SR201.

  • Joy San Buenaventura

    Legislator

    Okay, you have one minute. Angela.

  • Angela Young

    Person

    Aloha, Angela Melody Young testifying on behalf of CARES in strong support because the goal is to be helpful of those with disabilities. And so I work with seniors at the senior daycare, the senior center. And, you know, health conditions, it's a very sensitive topic.

  • Angela Young

    Person

    So if we were to lower the eligibility requirements, then more people can get benefits. Right? So according to this, there are a few disabilities that are not eligible. And so such as dementia, substance abuse, addiction disorders, sensory impairments, learning disabilities.

  • Angela Young

    Person

    If you were to look at the Social Security Act and SSI from the federal office to see what illnesses do qualify, then you can match the definitions and the illnesses and the conditions to the Social Security Act from the federal level because these are illnesses that do qualify for benefits.

  • Joy San Buenaventura

    Legislator

    Thank you, Angela. I have a human timer here, so. Okay, thank you very much. Anybody else wishing to testify? SCR226SR201. Okay, Members, any questions? Senator McKelvey? No, we can pass one question. Okay, I guess the question is for me.

  • Joy San Buenaventura

    Legislator

    Lois Erhu, Department of Department of Health, Council on Developmental Disabilities just provided us with a memo from Director Frank basically saying that which they testified to fixes the, the what the resolution requires. And. But I'd like to point out that this resolution is asking Department of Human Services to and they didn't testify to change the rule.

  • Joy San Buenaventura

    Legislator

    So do we. Do we even need this considering that the memo with Department of Health that apparently DD Council, they finally did talk is saying that that that fixes the issue.

  • Angus McKelvey

    Legislator

    Yes.

  • Joy San Buenaventura

    Legislator

    Well, let me go talk. Okay. Louis, you got Time off you got unmute yourself, does it? Well, yeah. No.

  • Lois Erchik

    Person

    Just trying to answer your question. Just to answer your question. My understanding is the memo addresses things like spinal cord and muscular injuries. The memo doesn't impact mental health issues. That's my understanding.

  • Joy San Buenaventura

    Legislator

    Okay, thank you.

  • Lois Erchik

    Person

    And I think that's the key. I think that's the key. We're getting sidetracked on this whole thing about neuromuscular. That's kind of been resolved by the memo. Apparently. Maybe DD didn't get the memo from their Director. I'm not sure, but they should have. But the issue today is really the mental health and the DD dual diagnosis.

  • Lois Erchik

    Person

    The neuromuscular is not really the issue before you today.

  • Joy San Buenaventura

    Legislator

    Why do we even need the Department of Human Services involved in this thing?

  • Lois Erchik

    Person

    Well, because they're the state Medicaid agency. Yeah. They're in charge of the waiver. They actually submit the waiver to CMS because they're the state Medicaid agency. But DD essentially does the groundwork to actually implement it on behalf of them.

  • Joy San Buenaventura

    Legislator

    Okay. So thank you very much, Shay Silver. Coming up. Do we even need this resolution? Because the memo you provided us says that the. You testify that rules need to be changed. The memo from Director Fink says this memo serves until they are able to fix the rules. So do we even need this resolution?

  • Chase Silvert

    Person

    I would say it wouldn't necessarily make too much of a difference either way. They are trying to serve people with intellectual and development disabilities. Now, based on that memo, there are concerns and issues with how mental health is treated as a co diagnosis, but that's a larger conversation.

  • Angus McKelvey

    Legislator

    Yeah. Okay, go ahead. Respond to Mr. Uruchic's points. I mean, do you agree with him that the memo kind of doesn't and then this, the resolution deals with mental health?

  • Chase Silvert

    Person

    Yes, I do agree with Lou that there are mental health concerns and issues, and he would be able to speak better to it since his agency directly handles the issues of the reso.

  • Angus McKelvey

    Legislator

    Is. Is that.

  • Chase Silvert

    Person

    Yes, that if that is the value of the reso. That is a value. And it is correct to name the Department of Human Services in the reso because they handled the waiver. And technically, essentially, DHS handles it above DDD, who does the implementation.

  • Angus McKelvey

    Legislator

    Is this tied up to that whole electronic system migration thingy that was in the news? I don't sit on the bracket. But dealing with similar terms. Thank you, Chair.

  • Joy San Buenaventura

    Legislator

    Okay. Stick around. Okay. I'm looking at the actual resolution because I'm thinking about deferring it as not being Needed because all it does is basically urge the Department of Human Services and you. Really? Developmental Disabilities Division. That's not me. Well, the. Excuse me. The development. Sorry, Council of Developmental Disabilities.

  • Joy San Buenaventura

    Legislator

    But I'm sorry, it's a Developmental Disabilities Division to amend the eligibility criteria. And it sounds like if they're not going to amend the disability criteria more than this memo. I mean, it sounds like you need a Bill that's more comprehensive rather than just telling them we want you to do better, which is what this resolution says.

  • Chase Silvert

    Person

    Yeah, My. My take on that would be two things.

  • Chase Silvert

    Person

    The first is that if the resolution being passed would allow for a better conversation to happen in the interim to address these issues, that would be a value, but to actually have an immediate effect and force anybody to do anything, you'd want to go the measure route if you did see something going wrong and we needed to force them to change their eligibility.

  • Joy San Buenaventura

    Legislator

    Okay. So thank you.

  • Angus McKelvey

    Legislator

    Thank you. At the end of the day, all residents urge. Do you need any of those?

  • Joy San Buenaventura

    Legislator

    No. But they're finally talking. Okay. Any other questions, comments, concerns? Okay. Seeing that right now, at this time, I am deferring this resolution and hope that during the interim, you folks work towards a more comprehensive Bill that would do exactly what you folks need instead of what we have right now. Thank you very much.

  • Jarrett Keohokalole

    Legislator

    Or we'll just write it anyway.

  • Joy San Buenaventura

    Legislator

    Yeah, well. But we need your help to write us. Right. Okay. Thank you.

  • Angus McKelvey

    Legislator

    Thank you for that.

  • Joy San Buenaventura

    Legislator

    Thank you very much. So with that, the joint session is adjourned.

  • Jarrett Keohokalole

    Legislator

    Good morning and welcome. This is our Senate Committee on Commerce and Consumer Protection 10:05 am decision making agenda. It's Tuesday, April 1, 2025. We're here to make a recommendation on House Bill 799, HD 2, SD 1, relating to healthcare.

  • Jarrett Keohokalole

    Legislator

    This measure was heard on March 27th, and we deferred decision making till today. We're ready for TCA whenever there are. The recommendation on this measure is to pass with amendments. With the prior concurrence of the HHS Chair, we'll be making the following changes.

  • Jarrett Keohokalole

    Legislator

    In section 2, page 3, lines 9 to 11 of the measure, we'll strike subsection B, which would have required a written transfer agreement to transfer a patient from an organized ambulatory healthcare facility to a licensed hospital. We'll also shorten the sunset of the measure to three years, sunsetting on June 30, 2028.

  • Jarrett Keohokalole

    Legislator

    And since the period of this bill is shortened, we'll remove the timeline proposed in section 3. There are also some technical, non-substantive amendments throughout. And there is a defective effective date in the measure. These, I just note for the Members.

  • Jarrett Keohokalole

    Legislator

    These are the latest version of compromise changes between the parties who have now begun to finally talk to each other, which I'm very appreciative of. Any discussion? Going once. Good. We're in... We're in the DM already. Yeah. Yeah.

  • Jarrett Keohokalole

    Legislator

    We're just a work in progress between the parties. I realize it's a pretty significant measure. So we plan to keep the discussion going as we move into conference. If there are no comments, then Vice Chair for the vote. With amendments, Chair votes aye.

  • Carol Fukunaga

    Legislator

    Thank you. Of the CPN Members present, are there any voting with reservations or objections? Hearing none. Measure's adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. We're adjourned.

  • Chris Lee

    Legislator

    Good morning. We're convening the committees on Transportation, Culture, and the Arts and Commerce and Consumer Protection on our joint 10:04am agenda here in state capitol conference room 229. We have one set of measures on the agenda.

  • Chris Lee

    Legislator

    We'd ask everyone to make sure you have your written testimony submitted, and we will be asking you to keep your testimony concise to make sure there's time to get to everybody. That being said, we're going to take testimony on both the Senate Concurrent Resolution and Senate Resolution simultaneously, if it's all right with you.

  • Chris Lee

    Legislator

    ...Chair. So up first is Senate Concurrent Resolution 222 and SR 197 urging all twin companies to have on site automated tele machines to ensure accessible payment options for vehicle owners. And testifying first is the Office of Consumer Protection. Good morning.

  • Chris Lee

    Legislator

    Thank- in opposition. Thank you. That's everyone who had signed up to testify. We have testimony from one other individual in opposition. Is there anyone else here wishing to testify in this measure this morning? Seeing none. Are there any questions?

  • Angus McKelvey

    Legislator

    OCP? I'm just, I'm just, I mean wouldn't behoove consumers to have ATMs at these tow places so they can get cash when they're on Sand Island and discover that it's a cash-only operation.

  • Unidentified Speaker

    Person

    Most of these tow companies already do have ATMs on site. There's Act 60 that was passed last session active July 1st which requires toll companies to accept credit and debit card payments. So any toll company not allowing these types of payments are in violation of state consumer protection laws.

  • Unidentified Speaker

    Person

    We are concerned that encouraging the tow companies to have the ATMs would allow them to continue to skirt around. I would just say that since the effective date of - I'm sorry Act 60 last year - we've received from one particular to a company 20 complaints, half of which dealt with refusing to accept credit card and debit card payments.

  • Unidentified Speaker

    Person

    So it is still an ongoing issue. And they do have an ATM on site. I think we need to look about, you know, ways to better enforce that and to make sure the toll companies are...

  • Angus McKelvey

    Legislator

    It's like it seems to be the theme of the day with resume. So next year we should do a Bill then, Right. To give you guys more teeth and enforcing.

  • Unidentified Speaker

    Person

    Perhaps. Yeah.

  • Angus McKelvey

    Legislator

    While you're at it, you also could probably look at the, at the fees that these ATMs that they...I think this is the hidden story is that the ones that do have ATM, some of them, the fees are just like, wow.

  • Unidentified Speaker

    Person

    Yeah, the fees are an area of concern. In addition, Most of the ATMs cap how much you can withdraw at $200. Most of the toes are over $200. So you're making multiple withdrawals, multiple...

  • Angus McKelvey

    Legislator

    So we were- This Committee's had the time and the motivation to amend the reso. They should perhaps focus on addressing them to have reasonable fees and to utilize ATMs that don't have caps or something to that effect...

  • Unidentified Speaker

    Person

    Perhaps.

  • Angus McKelvey

    Legislator

    ...to help you. Okay, thanks.

  • Chris Lee

    Legislator

    Are there further questions?

  • Jarrett Keohokalole

    Legislator

    I have a question.

  • Chris Lee

    Legislator

    Chair.

  • Jarrett Keohokalole

    Legislator

    This one operation in question, what's the status of the enforcement now and what is the challenge?

  • Unidentified Speaker

    Person

    The challenge is, as we continue to try and reach resolutions with this tow company, more complaints are coming in. We have a variety of different complaints dealing with this company. We've gone through subpoenas, examinations under oath. They've expressed a willingness to try and settle these complaints. So we're in the process...

  • Jarrett Keohokalole

    Legislator

    Do you have no immediate enforcement mechanism to require compliance?

  • Unidentified Speaker

    Person

    We do not. Typically, enforcement would come through civil action, civil litigation. We don't have the ability at this point to, you know, impose fees or, if they're not licensed, to revoke any licenses or anything like that.

  • Unidentified Speaker

    Person

    So we require, wrely on the consumers to make the complaints to us. So it's likely that the complaints are underreported as well.

  • Jarrett Keohokalole

    Legislator

    Have any of the, are the...the way your statute is situated, are any of the complaints you've received at any different part of the process publicly available? Public....you know.

  • Unidentified Speaker

    Person

    I'm not sure if the complaints are public. I would suspect they're not. We could certainly provide them to the Committee.

  • Jarrett Keohokalole

    Legislator

    You could just provide the name of the tow company in question.

  • Unidentified Speaker

    Person

    I would. Because we're in ongoing negotiations with them. I would prefer not to do that. I'm happy to discuss with the Committee companies that we're having issues with. Maybe not in session, but as of right now we are actively trying to...

  • Jarrett Keohokalole

    Legislator

    Pursuant your statute, you're not at the point where you can publicly disclose. For RICO violations that have come to a conclusion, they publicly publish the results of those enforcements.

  • Unidentified Speaker

    Person

    Yes.

  • Jarrett Keohokalole

    Legislator

    And so that's the question here and I think it's pertinent to the discussion.

  • Unidentified Speaker

    Person

    Yes, we're not at that point where the discussions have closed or will be settled anything. We're on back and forth negotiations about settlement opportunities, trying to gain restitution for some consumers, some civil damages to vehicles as well.

  • Unidentified Speaker

    Person

    So there, there are a lot of complaints that we're trying to solve. So in addition to the 20 that came up since last July, we have about 20 additional complaints that came before that. Yep.

  • Jarrett Keohokalole

    Legislator

    Yeah, it seems like the system isn't working.

  • Angus McKelvey

    Legislator

    Yeah, it's like they're gaming. I mean what's the negotiation going to stop and you guys are just going to drop the hammer and refer this to prosecutors...I mean, or would.

  • Unidentified Speaker

    Person

    It's still productive at this point. We are reaching a point where we would look towards filing some civil actions.

  • Jarrett Keohokalole

    Legislator

    Respectfully, it doesn't seem to be productive if you're continuing to field new complaints while you're working up. And these are probably complaints, you know, of nominal amounts until you get into the, these complaints about damages and things like that.

  • Jarrett Keohokalole

    Legislator

    It does just feel like there either needs to be some sort of threshold where your office can elevate the, the immediacy of your enforcement or the level of punishment available to the operator, or we need to take some closer look at the leg- your statutory authority. I'll stop there.

  • Chris Lee

    Legislator

    Just one follow up. I may have missed this in the conversation, but are you aware if this company has state or county contracts?

  • Unidentified Speaker

    Person

    No, no state or county contract.

  • Chris Lee

    Legislator

    Okay, thank you. Okay, any further-

  • Chris Lee

    Legislator

    Senator DeCoite. I mean DeCorte. Apologies.

  • Samantha DeCorte

    Legislator

    Question, Chair.

  • Samantha DeCorte

    Legislator

    How many of the tow truck companies are, like, repeat, having continuous repeat complainers?

  • Unidentified Speaker

    Person

    I would say we have about...aside from the city contract, we have about four on island. We're looking at two or three on the neighboring...each neighboring island. So Kauai has two or three that we're looking at. And I believe there are some complaints coming out of Maui.

  • Samantha DeCorte

    Legislator

    So the worst case scenario for a tow company to have continual complaints is how many complaints at a time? Maybe two complaints at a time, four complaints at a time, five complaints at a time. I mean are they, do they really feel the wrath of any kind of warnings or consequences?

  • Unidentified Speaker

    Person

    We have had tow companies, we send them, you know, demand letters and they have made reimbursements. I would say most of the companies we have complaints with, generally it's five or less. The one that we are dealing with has, like I said, close to 40.

  • Samantha DeCorte

    Legislator

    Thank you, Chair.

  • Unidentified Speaker

    Person

    Okay.

  • Chris Lee

    Legislator

    Further discussion. Seeing- Oh, Senator Richards.

  • Tim Richards

    Legislator

    Yeah, just discussion. No, no further question. Doesn't sound like we need to do this. So I'm not sure a...

  • Tim Richards

    Legislator

    ...I don't think that this is the right thing. It sounds like there's a better way to fix this stuff. So.

  • Chris Lee

    Legislator

    Thank you. If there's no further questions, why don't we go straight into decision making?

  • Chris Lee

    Legislator

    Okay. Chairs having conferred, want to recommend that we, I think in spite of the - or in light of the conversation, turn this into a task force to dive into some of the issues that were raised and see if we can get some recommendations for next year's Legislature to address some of these issues.

  • Chris Lee

    Legislator

    And we'll add OCP and our good friends over there as the conveners and appropriate stakeholders or government operations. That said, any discussion about that? If not, I'm going to make that recommendation.

  • Chris Lee

    Legislator

    But just for the record, because we don't have quorum for TCA Committee, we'll defer decision making on our end to today at 3:03pm here or in conference room 224.

  • Jarrett Keohokalole

    Legislator

    CPN, same recommendation. Any discussion? Okay. Seeing none, passing SCR 222 and SR 197 with amendments. Chair votes aye.

  • Carol Fukunaga

    Legislator

    Thank you. Of the CPN Members present, are there any voting with reservations or objections? Hearing none, measure is adopted.

  • Chris Lee

    Legislator

    Thank you very much. We're adjourned.

  • Jarrett Keohokalole

    Legislator

    Okay. Good morning and welcome. It's Tuesday, April 1st, 2025. This is our 10:06 a.m. agenda in Conference Room 229 at the Hawaii State Capitol. This is the Hawaii State Senate Committee on Commerce and Consumer Protection. On this agenda we're considering five resolutions, concurrent resolutions and their accompanying Senate resolutions.

  • Jarrett Keohokalole

    Legislator

    The first is SCR 57 and SR 41, urging the Congress of the United States to enact a national reinsurance program to address the multi-state insurance crisis resulting from catastrophic natural disasters. We have written testimony submitted on both measures from Elliot Miles, B.A. McClintock, and Jeff Sadino in support.

  • Jarrett Keohokalole

    Legislator

    Mr. Sadino. Okay. Is there anyone else? All in support. Is there anyone else who would like to testify on this set of resolutions? Okay. Because he's present, although he's stood in his testimony. Anybody want to ask Jeff Sadino a question? No?

  • Jarrett Keohokalole

    Legislator

    Okay, we'll move on. SCR 70 and SR 54 requesting the DCCA to establish and convene a pharmacy reimbursement working group to explore and propose legislation for the 2026 legislative session. Insurance Division and with comments. Thank you for standing on your testimony. Walgreens in support. Thank you very much.

  • Jarrett Keohokalole

    Legislator

    We also have written testimony from the Hawaii Primary Care Association and support and Ronald Taniguchi in support. Is there anyone else who would like to testify on these resolutions? Members, any questions? Okay.

  • Jarrett Keohokalole

    Legislator

    Seeing none. We'll move to SCR 123, requesting the Attorney General to convene a working group to develop landlord tenant code improvements to increase the supply of housing in Hawaii. Attorney General's Office with comments. Good morning.

  • Jordan Ching

    Person

    Thank you, Chair. Good morning, Chair, Members of the Committee. Deputy Attorney General Jordan Ching on behalf of the Department of the Attorney General who has comments on these measures. Just briefly. Just given the proposed subject matter and scope of the working group, the Department believes that the Legislature may be better served appointing a state agency with specific expertise in the landlord tenant, with landlord tenant issues.

  • Jordan Ching

    Person

    Generally speaking, the Department does not handle landlord tenant issues. And as to proposed legislative resolutions, we believe that the legislative reference bureau may be better situated to assist the working group and the Legislature, given their general grant of authority to conduct research on the legislature's behalf. I'm available for questions if you have any. Thank you.

  • Jarrett Keohokalole

    Legislator

    Thank you. Hawaii Realtors in support.

  • Lyndsey Garcia

    Person

    Sorry. We stand on our testimony in strong support offering amendments. Thank you.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. Is there anyone else who would like to testify? Okay. Seeing none. We'll move into... We'll move to the next set of resolutions. Sure.

  • Angus McKelvey

    Legislator

    Attorney General's Office. I'll make it fast. I know the reso, you didn't want to be in charge of the working group and I can see why. Do you think that if would the head be OCP? Would that be a better head if they deal with the landlord tenant code?

  • Jordan Ching

    Person

    I can't speak for other state agencies as to who may be better situated, but just generally someone with more experience in that specific landlord tenant issues and who deal with these issues more predominantly.

  • Angus McKelvey

    Legislator

    Well, it seems to me the DCCA would be likely place but. Okay, thanks.

  • Jarrett Keohokalole

    Legislator

    Follow up. The realtors are proposing that we have the Attorney General's Office and the Judiciary just swap positions. You remain on in the Judiciary, serve as the Chair. Are you opposed to that approach?

  • Jordan Ching

    Person

    I would have to speak with the Attorney General as whether we're officially opposed. I would just say that the same issue would still be there that...

  • Jarrett Keohokalole

    Legislator

    You don't want to do it.

  • Jordan Ching

    Person

    More so that we don't have expertise on it.

  • Jarrett Keohokalole

    Legislator

    Any other comments or questions? Okay. Seeing none. We'll move to the next resolution set of resolutions SCR 155 SR 125 requesting the Insurance Commissioner to produce a detailed report regarding the state of the private property insurance industry in Hawaii. Insurance Division with comments.

  • Unidentified Speaker

    Person

    Good morning, chair, vice chair, members of the committee. The department stands on it's written testimony in opposition.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. Jeff Sadino in support.

  • Jeff Sadino

    Person

    Good morning, chair, vice chair and members of the committee. My name is Jeff Sadino and I support this resolution. Between 2022 and today, my master insurance policy from a regulated carrier increased by 300%. I'm the treasurer of my Association. We just renewed our coverage a couple of weeks ago. This year our premium increased $70,000.

  • Jeff Sadino

    Person

    Of that 60,000 is the result of increased building replacement costs. This increase was not because of natural disasters. It was not because of water leaks. To quote Sue Savio's response to me, quote, the main reason for the significant property premium increase is due to the 43% increase for higher material and labor costs.

  • Jeff Sadino

    Person

    So I checked this against CoreLogic's information, an appropriate source for this problem. Over the past year, construction costs nationally have only increased 5% and here in Hawaii they've only increased 11%. So the insurance company's claim of 43% does not match the data does not even match our intuitions. Ms.

  • Jeff Sadino

    Person

    Savio explained their formulas based on, quote, replacement cost estimation, cost per square foot, detailed cost analysis and adjustments for inflation and local market conditions. End quote. So an answer that is not really an answer and no way for the general public to push back against.

  • Jeff Sadino

    Person

    It's disappointing that the previous insurance commissioner approved a rate increase based on obviously suspect data. So after passing this year's legislation, which is needed, I hope the Legislature will demand better answers than in the past from the insurance commissioner, specifically their rates and policy analysis branch and the actual insurance companies themselves.

  • Jeff Sadino

    Person

    Thank you for letting me comment on this resolution.

  • Jarrett Keohokalole

    Legislator

    Thank you very much.

  • Jarrett Keohokalole

    Legislator

    Is there anyone else who would like to testify on these resolutions? Members questions? Vice chair.

  • Carol Fukunaga

    Legislator

    Mr. Sadino, can you come back? You know, did your insurance provider, or I guess broker in this instance conduct a site inspection of your property or did they just give you their analysis based on site something else?

  • Jeff Sadino

    Person

    Yeah, there is no site inspection done. Just based on whatever formless they have in their computers, I would assume.

  • Carol Fukunaga

    Legislator

    Okay, thank you very much.

  • Jarrett Keohokalole

    Legislator

    Members, any other questions? Okay, seeing none.

  • Jarrett Keohokalole

    Legislator

    I will recess for decision making.

  • Jarrett Keohokalole

    Legislator

    Okay, reconvening on our 1006am agenda to consider resolutions. The first set is STR 57 and SR 41, which we will take together. We'll be taking all the Concurrent Resolutions and their accompanying Senate resolutions in tandem. So on this first resolute set of resolutions the recommendation is to pass with technical amendments. Any discussion okay.

  • Jarrett Keohokalole

    Legislator

    If there are none Vice Chair passing with amendments. Chair votes Aye.

  • Carol Fukunaga

    Legislator

    Thank you. If the CPM Members present are there any voting with reservations or objections? Hearing none, your recommendation is adopted.

  • Jarrett Keohokalole

    Legislator

    It thank you very much. The next set are SCR 70 and Sr 54 relating to the Pharmacy Reimbursement working group. The recommendation is to pass with amendments adopting the DCCA's proposed amendments allowing the insurance Commissioner or their designee to serve as a Member of the working group.

  • Jarrett Keohokalole

    Legislator

    Any discussion if not Vice Chair passing with amendments. Chair votes Aye. Thank you.

  • Carol Fukunaga

    Legislator

    Thank you. Of the CPN Members present any voting with recommend with reservations or objections? Hearing none your recommendation is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. The next set of resolutions are SCR123 and SR103. This is requesting the Attorney General to convene the working group on the Landlord Tenant Code Members.

  • Jarrett Keohokalole

    Legislator

    The recommendation is to pass with amendments adopting the Realtors proposed amendments essentially swapping the Judiciary for the Attorney General's Office, keeping the Attorney General's Office on the working group and adding the Office of Consumer Protection as well. There are also some technical non substantive amendments throughout the resolution. Members any discussion? Okay.

  • Jarrett Keohokalole

    Legislator

    If not Vice Chair passing with amendments. Chair votes Aye.

  • Carol Fukunaga

    Legislator

    Thank you. Of the CPM Members present are there any voting with reservations or objections? Hearing None. Your recommendation is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. Last set on this agenda is SCR155 and SR125. This is requesting the Insurance Commissioner produce a detailed report regarding the State of the private property insurance industry in Hawaii. The recommendation on this the recommendation is to pass these two resolutions unamended. Any discussion okay. If not passing unamended. Chair votes Aye.

  • Carol Fukunaga

    Legislator

    Thank you. Of the CPN Members present are there any voting with reservations or objections? Hearing none. Your recommendation is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you. We're adjourned.

  • Jarrett Keohokalole

    Legislator

    Foreign this is our Hawaii State Senate Committee on Commerce and consumer protection.

  • Jarrett Keohokalole

    Legislator

    Tuesday, April 1, 2025. 10:07 a.m. Decision making agenda in Conference Room 229 at the Hawaii State Capitol Members were voting on recommendations made to bills and resolutions that were heard in their respective subject matter committees prior We've received written testimony on these meas and we'll be voting them out today. The first measure is HB256 HD2 SD1 relating to environmental protection.

  • Jarrett Keohokalole

    Legislator

    The recommendation on this measure is to pass unamended. Any discussion okay. Vice Chair passing unamended Chair votes Aye.

  • Carol Fukunaga

    Legislator

    Thank you. Of the CPM Members present any voting with reservations or objections?

  • Brenton Awa

    Legislator

    No.

  • Carol Fukunaga

    Legislator

    Thank you. Four in the affirmative, one no. Your recommendation is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you. The next measure is HB 1051 HD1 relating to energy efficiency portfolio standards. The recommendation on this measure is to pass with technical non substantive amendments. Any questions or comments Members? Okay. If not Vice Chair passing with amendments. Chair votes Aye.

  • Carol Fukunaga

    Legislator

    Of the CPN Members present, are there any voting reservations or objections?

  • Brenton Awa

    Legislator

    No.

  • Carol Fukunaga

    Legislator

    Thank you. Four in the affirmative, one no. Measure your recommendation is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. Next measure is HB 1379 HD2 SD1 relating to health. The recommendation on this measure is to pass unamended Members. Any discussion? Seeing none. Passing on amended. Chair votes Aye.

  • Carol Fukunaga

    Legislator

    Thank you. If the Members present, are there any voting with reservations or objections?

  • Brenton Awa

    Legislator

    No.

  • Carol Fukunaga

    Legislator

    Thank you. Four in the affirmative, one no. Your recommendation is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much.

  • Jarrett Keohokalole

    Legislator

    Next up we have SCR 10 SD1 and SR6 SD1 urging the Director of Health to establish a working group on prior authorization requirements after receiving the prior concurrence of the HHS Chair, the recommendation is to pass with amendments adopting the proposed amendments submitted by the State Health Planning and Development Agency regarding the composition of the group Members.

  • Jarrett Keohokalole

    Legislator

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

  • Carol Fukunaga

    Legislator

    Thank you. If the Members present, were there any voting with reservations or objections? Hearing none measure is adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much. And on the last item on this agenda, SCR44 SD1 with a posted proposed SD2, I will yield to the Vice Chair for the recommendation.

  • Carol Fukunaga

    Legislator

    Recommendation is to pass this resolution with amendments changing the composition of the working group and clarifying the scope of the working group to be developing recommendations for modifications to family notice and standardized consent.

  • Jarrett Keohokalole

    Legislator

    Members, any comments or questions? Okay. If there are none. Vice Chair passing with amendments. Chair votes Aye.

  • Carol Fukunaga

    Legislator

    Thank you. Of the Members present, are there any voting with reservations or objections? Hearing none measures adopted.

  • Jarrett Keohokalole

    Legislator

    Thank you very much Members. We're adjourned.

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