Senate Standing Committee on Judiciary

All right, welcome everyone to the Judiciary Committee here. Decision making agendas. The 10 o' clock one on this one. This is HB 2 House Bill 239. This amends the definition of child abuse or neglect to clarify that the failure to provide certain needs to a child shall not constitute child abuse or neglect.

If the sole reason the person responsible for the care of the child is unable to adequately provide for the child's care. I'm going to defer this one. There are a couple of other bills that are still alive that deal with essentially the same subject.

I'm also concerned that defining, defining out the a specific kind of abuse and neglect is problematic for monitoring those who are being abused and neglect for different reasons. So that one was deferred. Okay, moving on to the 1001 agenda. First up on this is also a decision making only agenda.

First up on the 1001 is House Bill 420. This clarifies the applicability of the statute reposed to apply to contract Horton statutory claims. Clarifies the required contents of a notice of claim of a construction defect served on a contractor. Requires claimants to comply with provisions of the Contract Repair act before proceeding with or joining a class action.

Clarifies the process and timeframe by which a claimant may accept or reject a contractor's offer to settle and authorize repairs. Chair's recommendation on this is to pass with some amendments. Maybe some is an understatement. We do have prior concurrence from the Consumer Protection Chair, so I'd like to delete the preamble.

Amend the provisions in Section 6578 to clarify that the 10 year statute of repose applies to all actions whether in a contract tort statute otherwise and that the standard statute of limitations period applies to those actions. So two years for torts, six years for contract claims.

Clarify when an improvement is deemed substantially completed in Section 6578 by providing that the issuance of a certificate of occupancy, an affidavit of publication and notice of completion establishes substantial completion. Clarify further that each improvement must be considered separately to determine the applicable limitations period. Define the term date of completion and improvement as used in Section 6578.

Revise the amendment to section 672E-3A to clarify that a notice of play may be for any combination of design, construction and remodeling defects. Remove the requirement for homeowners to provide expert reports with a notice of claim. Delete the limitations on class actions and propose subsection 672E-3C.

Establish a nine month window for homeowners to complete inspection and testing following the contractor's request to inspect unless the parties agree or the court orders otherwise. Clarify language related to the offer of settlement procedure in order to conform the language with existing provisions elsewhere in the statute.

Clarify that mediation is only required once under the Contractors Repair Act. Establish a 12 month window after the notice of claim is filed for the parties to complete the CRA process.

Restrict the pre existing pre filing of lawsuits Provided under Section 672E8 within six months of the expiration of the applicable limitations or reposed period and will add non retroactivity language as well. And it does have a defective effective date. Anything else? Questions or concerns? If not Senator Gabbard for the vote.

On B P420 Houston 3 SD 1 recommendation is to pass with amendments. [Roll call]. Measure passes.

Thank you. Next up is HB 732. This allows single family residents that are less than 3,500 square feet in floor area and not part of a larger development, regardless of development valuation to be eligible for a special management area minor permit.

Increases the valuation of development that determines the necessity of a special management area minor permit or special management area use permits of $750,000 and requires that that amount to be adjusted every six years for five years for inflation. Recommendation here is to pass with amendments.

We'd like to delete proposed subparagraph 1 in the definition of special management area permit which would allow any single family residence of less than 3,500 square feet of floor space is not part of a larger development to qualify for an SMA minor permit. I feel like I'm missing something.

Okay, so in effect what this does is take out the provision that allows for 30 that gives requires only a minor permit for houses under 3,500 square feet and we do have prior conquerence. Questions or concerns? It does have a bad date. If not Senator Gabbard.

Recommendation is to pass with amendments present any no votes or reservations?

No.

No vote for Senator Awa. The measure passes.

Okay, thank you. Next up is HB 1017. This repeals the Greenhouse Gas Sequestration Task Force. The recommendation here is to amend it to make it effective upon approval. For those like me who tend to be very concerned about climate change, the task force I believe has done its work and is no longer needed or nor is being funded. Questions or concerns? If not Senator Gabbard.

Recommendation is to with amendments. Any no votes or reservations? Hearing none the measure passes.

Thank you very much. Next up is HB 958. This prohibits individuals under 15 years of age from riding a Class 3 electric bicycle, amends the age requirement for helmet use from 16 to 18 years of age and does some other things with electric bikes.

This is as you may recall, this is one that we looked at before and I deferred it because I thought there was another one moving that would take care of the issue. But the chair of the Transportation Committee has asked me to move this one as well.

So the recommendation is to move it with technical amendments only. Questions or concerns? If not Vice Chair.

Recommendation is to pass with amendments. Any no votes or reservations?

No.

No vote for Senator Awa and measure passes.

Okay, that concludes our 1001 agenda and we'll is okay if we go roll on into the 1005? Do I need to gavel out?

It's okay.

Okay, we'll go ahead and continue on to the 10:05am agenda. This is Governor's message 689 submitting for consideration and confirmation to the Commission on the Status of Women Gubernatorial nominee Melissa Sotelo for a term to expire June 30, 2029. We do have a two minute limit on testimony and if we have a.

If we have a major technical crash, we'll. Let's see, today's Thursday. We'll flip it over till tomorrow. I don't know. Can you come tomorrow at 10 o' clock? No, no, it's your Thursdays only. Right. Okay. We'll put it off a week until Thursday the, Thursday the tenth at 10 o' clock. Hopefully that won't happen.

Okay. First up on GM 89689 is Reina Zavala for Voyage Republic Charter School in support, Aaron Ramirez also in support, Christina Davis in support, Melinda lynch in support, Molly Altman in support. Is there anyone else? That's all. That's everybody who signed up for GM689. Would anyone else like to testify on GM689? Okay. Seeing none. Ms. Atello, if you'd like to come up. Good morning. And if you'd like to make an opening statement and also about yourself, that'd be great.

Yeah. Turn this on. It's on.

Just pull it a little closer maybe.

Yeah, that's good.

Okay.

All right. Hi. Good morning. I just wanted to introduce myself and just tell you really quickly why I'm here today and a little bit about myself. So I was raised with this really important story from my family about how we came to the United States. You see, I'm a daughter of an immigrant, granddaughter of an immigrant.

And when I had hard times in my life, my mom would say, hey, we come from strong women in our family, so pull yourself up by your bootstraps and know that the blood coursing in your veins is the same blood coursing in your grandmother's veins, and that is strength and resilience.

So the story goes that my grandmother was a baby during the Mexican Revolution, and her mother was at home with young children. And my grandmother, who we called Nani, it was a tumultuous time, and her father was actually killed in battle.

So her mother grabbed up her baby and all of her children, and she walked across the Sonoran Desert. She walked to get to safety and to flee from violence. And it was, that is how we got to the United States.

It was because of my great grandmother's bravery and grit and determination to get to new beginnings and new opportunities that I'm here today. So jump ahead, way ahead, to my story and a very young version of me in my 20s, and I was in a very abusive, toxic relationship.

I had three really small children, and I was in a very dangerous situation. I was not okay, and my children would not be okay. So I had to do something big.

I left with everything there, just the clothes on my back and my old minivan, and I moved into a motorhome parked on my mom's property, and I enrolled in nursing school. So I went on public assistance. I got food stamps, I got state insurance, and I went to nursing school.

And my ex told me that I was too stupid to go to nursing school. So four years later, when I graduated Magna Cum Laude, I thanked him in my speech, and I said, you know, you put a fire under me.

And because I knew that the blood in my veins was the blood of my grandmother and my great grandmother, that got me here. And so that's something that I tell my daughters, and it's really important story to me. So as I stand before you today, I'm not even the same person that I used to be back then. I am a nurse of almost 10 years. I'm happily married to my wife, Jill, and my children are all grown. They're 22, 24, and 29.

I'm a Clinical Professor at the University of Hawaii in the nursing program, and I'm one year away from graduating with my doctorate in nursing for Family Nurse Practitioner, where I intend to focus on women's health and the LGBTQIA population. The process of going to school has helped me build my career.

But also it's taught me about the inequities of women and the health disparities that block groups of people such as LGBTQIA women and people of color. I feel like this is why I'm here, and this is what I'm supposed to do. It's difficult for me to share my story. You know, it's a very vulnerable story.

The newscaster, Robin Roberts, says to make your mess your message. And so that's what I'm doing today. I feel like I'm in a position where I can help our sisters and our mothers, our daughters and our aunties to create a new trajectory in their life. And it's one that I'm very, very passionate about.

We've come a long way from the women's right to vote, women's right to choose to conceive, and for people to marry who they love. And these are the things that I'm passionate about. When I think about what makes people happy, it's like a cog on a wheel. All the different things that make them happy, make them healthy.

And the ability for higher education is one of those things, and being healthy and advocating for yourself. So I will just say that this is what I meant to do. I'm very, very excited to do it. I'm a member of the community. I tell my students at UH that if I can do it, anybody can do it.

I wasn't the best student. I didn't have the best GPA, but I had determination. And I think all of these things leads up to why I would be really good for this Commission. Because I, I teach at the University, I'll be a nurse practitioner, and I'm extremely passionate about all of these topics. Women's health and safety. And that's all that I have today. Thank you.

Thank you very much. Members, questions. First. I have just a technical question that I can't remember whether I asked you on our interview. So one requirement for being on a state border Commission is to annually file a disclosure of your financial interest with the State Ethics Commission for the Commission on the Status of Women.

Your disclosure would not be made public, but there is a requirement. Do you have any objection to filing these financial disclosures?

No, I do not.

Other questions, Members. Senator Awa.

Thanks for your willingness to serve. I, I came down here not even thinking that I was going to ask no questions or nothing, but your passion, not, I want to talk, I want to see, ask one one thing. Because the Commission you women's rights and standing up for women. Correct.

I want to ask you about the controversy of natural born males participating in female sports. And I look at that as taking away female opportunities. How do you look at it?

I think that it's something that has been blown up into this really big on the front lines of people's thought. And I think it's such a small percent of people that want to do that. I think it could be a case by case thing. I don't think it's something that government has to necessarily decide.

I think we have Olympic committees, I think have people in leadership that could make those decisions. My personal belief is that a woman is a woman, is a woman, whatever they call themselves to be. And there's a lot of room for everybody.

In, in Hawaii. If, if, if you guys had, and I don't know if there is or not, but if you guys had influence where the, the OIA or whatever league it may be was establishing their roles and, and how they look at that, would you look at what, would you allow that?

I think personally,

Males and females in the public, in the 18 [unintelligible], our school system.

I mean, I think that there's women that want to play football. I think that there are different people that want to play different sports.

And I think if that opportunity is there and the Commission or the people in charge are there and want to let them do it, I think it could be taken on a case by case. I would be fine with it. And I played sports in high school and I think that there is a wide range of all kinds of different natural talent. And I don't think it would be a problem.

Do you think so? Chair, Can I? Thanks. Would that be the, the solution, then? There's no, there would be no problem. Or is there an alternative solution that could be better fit?

I think if there are teams where they can play, then they should play. And I think if there are not teams, just like a woman wanting to play football, it's an exception, it's a really, really rare exception that we have, you know, an Olympic level or a college level, University level athlete that wants to play. I think it would just be taken on a case by case. And I think it would be okay.

Yeah, I appreciate your answer. You know, and just to continue the conversation again, I thought I was just going to come down here and this is going to be a yes vote from what I read. But. And that difference is really concerning for me. Not that how you view it is wrong.

I don't know of any athletes that are transgender that are trying to play. I mean, I think out of all of the athletes in the United States, I think it's like there's like one or two. You know, I don't think it's a very big situation, but I think that they should be.

And it doesn't also speak to their level of talent or what they're able to do. And so I think they should be allowed to, just like everybody else should be allowed to.

I understand. I just look at it from a wrestling standpoint. We had. That happened before here, and a natural born male was, was dominating in in the division. And so as a coach, I look at that if I'm trying to get my girls scholarships, somebody lost out on one.

Yeah. And if I was in your position, I would be advocating to the people that are in charge under that specific situation that maybe it's not appropriate or maybe there are other athletes that they could compete against or something to keep them safe. Yeah, I understand.

Thank you.

Thank you.

Members, other questions?

I understand where Sandra Awa is coming from and my years of being Human Services Chair or the Commission and Status of women's under my purview. I don't remember seeing the issue of protection of women and girls in sports because of transgender athletes has been an issue. So.

I guess, I mean, as a liberal woman myself, frankly, that is one issue I probably agree with Senator Awa on. But in the event, what do you see your Commission, the status of women as an LGBTQIA member?

I mean, should this issue come into play, is it something that you would as a woman in that community, is that something that you would advocate for or against?

So I think that there's a difference between. I learned from Kamala Harris, there's a difference between individual decision and then asking our government to make decisions for us. And so I do believe on a case by case basis that it should be decided.

I have nothing further.

But personally, I believe that the rights of everybody should be just like the rights of people that are brown or women or, you know, that it's really important to advocate for everybody, and everybody means everybody, even transgender people.

All right. Any other questions? If not, I'm ready to go ahead and make a recommendation. And the recommendation is to advise and consent to the nomination. Questions or concerns? If not, Senator Gabbard.

On GM 689, the recommendations is advise and consent with all Members present. Are there any no votes or reservations?

No Respectfully

No vote from Senator Awa. The measure passed.

Thank you very much. Congratulations. You're one step closer. There will be a full Senate vote in the near future.

Thank you, everyone, for being here. We're adjourning.