Senate Standing Committee on Education

Good afternoon everyone, and welcome. This joint hearing of the Senate Committee on Education and Committee on Health and Human Services will come to order. Today's Wednesday, February 11th, and we're meeting in this room, Conference Room 225. And this hearing is being streamed live on YouTube.

If this hearing is abruptly ends due to technical difficulties, the Committee will reconvene on Friday, February 13th at 1pm in Conference Room 229, which a notice will be posted on the legislature's website. And due to the number of measures before the Committee and the volume of testimonies, testimony will be limited to one minute for testifier.

And in light of the the rain day we had on Monday, a lot of our hearings are being backed up because everything had to be rescheduled. So I hope you will all patient. If technical difficulties do arise during zoom testimony, a Committee may need to proceed to the next testifier. But we do have your written testimony.

The purpose of today's hearing is to receive testimony on measures relating to student health and safety in schools, academic and workforce programs, and also with the University of Hawaii. So we will start with our first item on the agenda. Welcome our chair from the Big Island.

Thank you for HHS and with my Vice Chair, Senator McKelvey

and my Vice Chair, Senator Michelle Kidani. Okay. Senate Bill 2969, starting with Dayna Moore testifying for Hawaii Community Health.

I'm sorry, I'm saying this is relating to the Maui Wildfire Exposure Study and Maui Health Registry appropriates funds for the University of Hawaii to expand and sustain services provided by the Maui Wildfire Exposure Study and Maui Health Registry.

With that Dayna Moore. Not here. We're on Zoom.

Can you hear me? Mahalo, Chairs Kim and San Buenavetura and Members of the community. My name is Dayna Moore. I'm a Kanaka Maoli nurse raised on Maui.

And as the founder and leader of Hawaii Community Health, an organization dedicated to strengthening community health by bridging healthcare providers, researchers, educators, families and leaders across Hawaii.

I want to share that we are in strong support of SB2969. Our lived experience is that Maui fires of August 8, 2023 were the deadliest in a century.

What followed has been described by experts as the is the disaster after the disaster. The trauma did not end that day and the health impacts continue to emerge.

Burnout among health care providers, mental health professionals, educators and community helpers are real. I wanted to say that Maui west from experience is not passive research.

Every point of contact we've created matters and with partners, we accomplish screenings and sample collection. But we also share in the real tears and and smiles with our community.

Sorry, your time is up. So thank you very much. And we're going to ask testifiers if you don't mind standing on your testimony Committee. We really appreciate it. We have Koby Chalk from testifying from the Alzheimer's Association of Hawaii.

Aloha Chair. We stand on our written testimony just highlighting our amendment.

Thank you very much. We have Jack Lewin testifying for the State Department of Health Chairs.

We stand on our testimony. Thank you.

Thank you. Jonathan Ching from Kaiser Permanente. Not here. Okay. We have Sybil Moran by Zoom. Sybil, are you?

Aloha? Yes, I'm here. Aloha. Mai Kako zero. Sybil Ka'o Inoa.

I'm here as a Maui west participant, a first responder who worked in the burn zone in Lahaina, a community facilitator and a resident of Lahaina asking for your help and supporting my community by allowing Maui west to continue giving their free health checkups because they are saving lives.

I work with fire survivors every day, many who have found out they had diabetes, lung obstructions, anemia, hypertension, myself included. These invaluable checkups include heavy metal testing with lung function tests, blood work, and mental health screenings.

Where else can you go and get all of that testing for free and on the same day meet with the physician and a mental health provider like Dr. Pitt or Dr. Blaisdale.

Additionally, nursing students, students from Maui as well as Oahu, get firsthand experience working with our medically underserved community.

I will conclude by saying this is a win win for everyone. And I'd like to say Mahalo Nui Loa to the Committee and the Chairs for your time and consideration.

Thank you very much. Pedro Harold. Thank you very much. Amy Jackson on Zoom.

Aloha. My name is Amy Jackson. I'm coming to you from the Island of Maui. The Maui Wildflower study literally saved my life. I barely escaped from Front street with my life the day of the fires.

A year later, I learned that my life was on the line again when I participated in the study for a hundred dollars cash to give my daughter her birthday present. I had difficulty with the breathing studies and my hemoglobin didn't even register on the equipment that day.

I was sent to the emergency room by the Maui Wildfire study staff and was admitted for multiple blood transfusions and spent months in and out of the hospital at treatment.

I was also processed to get help with my mental health because of the study and the questionnaire that they asked. I didn't think that I needed medical treatment.

Treatment. And as a single mom, I was just out there taking care of myself and thinking that 50 was kicking my butt. But going to participate in the wildfire study, I learned that my life was on the line, and it literally saved my life. Thank you.

Thank you very much. Peggy Latari. Peggy, hi.

Hi. Good afternoon. I'm Dr. Peggy Latari. I'm a retired family physician and also a clinical adjunct. And for the last 18 months.

If you're going to testify, you need to come. Come up here. Yes.

Okay. I'm sorry. First time here. So. Yeah. So 30. Almost 40 years of healthcare experience as a family physician.

I've been volunteering for the last 18 months or so on Maui with the wildflower study. And the thing that I have noticed several things, but that the wildfires were devastating, not just mental health and physical health, but spiritual health as well.

Just last week, we sent two individuals to the emergency room with extremely high medical emergency, high blood pressures that would never have been diagnosed if they hadn't come in that day. We're also detecting untreated diabetes, lung disease. Extreme.

I saw a case of Catatonia in a teenager that I have never seen before, not even in my training in the early days after the wildfire. And luckily, we had on site mental health providers there. So the impacts of the wildfires did not end in 2023. They are ongoing.

And this study is really helping to provide care, not only to research the important things to follow as these folks try to deal with the devastation. Mahalo.

Thank you very much. Jordan. On zoom. Not pleasant. On zoom. Chair. Okay, thank you. We go to Ruben. Jawez. Thank you. Stephanie Villalobos. Not here. Christopher Knightsbridge.

Hello, everybody. I'll try to make it quick because we got a minute, but My name is Dr. Christopher Knightsbridge. I have two roles. I work as clinician and lahaina. I fly out every single week to work 100% with fire survivors.

I'm also the mental health team lead with our study. A couple questions you may have. So why do we need more money? Basically, we need more money to expand. Right now we have about 2,000 participants. 200 of them are children.

I want 2,000 children. I want at least 800. If you give us this money, we can definitely reach that. That's a very achievable goal. Another thing I really want to emphasize is we hear the word study. We are not really a study.

We do collect data and research, but we do arguably as much intervention and treatment as we do research and data. So we don't just. They come in and we find out something's wrong with something's wrong.

We don't just say, okay, see ya. We make sure they get all the help humanly possible. You can ask some questions later if you want. Thank you.

Thank you, Christopher. Martina Kamaka. Not here. That's all that I have that asked to that we're going to be testifying. Is there anyone else here in the room that would like to speak quickly? 30 seconds. Excuse me, Chair.

We have someone on Zoom that would like to participate.

Okay, well, let me take this one first and then we'll get to the Zoom. Go ahead. Please identify yourself.

Aloha. Mahalo. My name is Samia Dutra. I'm a nurse and a faculty from the University of Hawaii. I'm here to share that this initiative also supports the workforce development.

We also have training nursing students which supports them not only in developing their skills, but also in connecting with the community as well as with the community navigators that exist in the community. Thank you so much for your time.

And I would like just to reinforce that this initiative is a win win all the way around. We have a workforce training. We have a service to the community as well as be able to develop the science and as well as better efforts to support everyone around. Thank you so much.

Thank you very much. On Zoom. Identify yourself, please.

Aloha. This is Jordan with Lahaina Strong. We'll be standing on written testimony today. Lahaina Strong supports you guys passing SB2969. Mahalo.

Thank you for that. Anyone else wishing to justify if not Members, we're open to questions. Any questions, Chair? Questions? No questions. Okay, we will move on to the next item on the agenda. Senate Bill 2657. This is relating to Alzheimer's disease related and related dementia research.

Establishes the Alzheimer Disease and Related Dementia Research center of Hawaii within the University of Hawaii. Requires the research center to be administratively affiliated with the University of Hawaii John Byrne School of Medicine. Testifying on this is University of Hawaii, Kamau Masaki.

Good afternoon. I'm Dr. Masaki. I'm the Chair of the Department of Geriatric Medicine. And I'm very happy to provide strong support for this Bill on behalf of the John A. Burns School of Medicine. I'm also available to answer any questions. Thank you.

Thank you. Colby Chuck.

Hello, Chair Colby Chuck with the Alzheimer's Association sending strong support on our written testimony.

Okay, thank you, Colby. Jack Lewin.

Vice, Chairs, Members, we stand strong support based on our testimony as well.

Thank you. Calvin Hara.

In addition to my testimony, I'm Calvin Hara. I'd like to emphasize that this is a great opportunity for state of Hawaii to have a research center locally with Hawaii's people involved, whether from clinical trial to the research process. This would be a breakthrough in terms of research here. Thank you.

Thank you so much. Okay, that's all that I had signed up to testify and present. Anyone here wishing to testify on this measure, please?

Oh, yeah.

Identify yourself if you will.

Hi, my name is Hayden Cobb and as I've previously stated in my testimonies, I'm an orphan because of this. I lost my dad to Alzheimer's and I lost my mom because she was a caregiver to this disease. And it's taken everything from me. And I'm not the only one this disease has made an orphan.

So I ask you guys to be cognizant of those impacted by dementia while you consider the passing of this Bill. And I would also like to reiterate the statistics of this disease. In Hawaii, there's approximately 31,200 people that are 65 and older that have this disease currently.

And those numbers are going to increase as the years go on. So it's becoming a very detrimental disease to the Hawaii demographic. Thank you for your time.

Thank you very much. Appreciate your testimony. Anyone else here wishing to testify on this measure? None. Any questions, Members?

Senator Kidani.

She was not here. Oh yeah, she was on Zoom. Yes, Kamau Masaki. Yes, I'm here. Thank you. Question for you. Please go ahead.

Senator, what's the projected timeline for bringing full staffing online and how will the reach sustain the full transitions?

So what we've done is Jabsum provided a report based on a Senate resolution last year and we have a five year phased plan to slowly increase the capacity and infrastructure for research and dementia in the state of Hawaii.

This would hopefully culminate in us being very competitive to apply for an NIH designated Alzheimer's Disease Research center in the future. This current Bill is for the first year of funding.

And what happens if federal funding is not secured?

Yeah, that's a very good question. I think that even if it isn't secured, we would definitely increase the infrastructure in Hawaii and the ability to apply for other research grants. The ADRC designation by the National Institute on Aging is extremely competitive at this point.

If we apply, there's just no way we would be able to even be considered. I think if we built up this infrastructure, we would at least have a chance. And on the way to applying for the abrc, we will be gradually bringing in more and more federal dollars.

The first step is to recruit a senior neuroscientist who's an expert in Alzheimer's disease and related dementias. That would be the person who would kick start this whole effort and build a team. There are a lot of existing studies, but none of them are coordinated.

I think this first step would at least get them started to be coordinated together. Thank you.

What kind of funding we're talking about?

I think for this first step, the funding we're asking for is for a senior neuroscientist and for a staff person. This would create a unit in the university. Yeah. How much that would be?

375,000?

I don't have that number right in front of me, but.

Okay, can you.

I can.

Can you get that to us as it move this Bill moves over to the money Committee? Okay. And then you're saying that you would need funding year for the next five years at least.

That's right.

Okay. Members, any other questions? Hearing none. Thank you very much. Okay, thank you.

We will go on to the next measure, which is Senate Bill 2612 relating to Medication Administration in schools, clarifies the Department of Education and its employees and agents shall be immune from any civil or criminal liability arising from assisting students with the Administration of Medication under certain circumstances.

And we have Pedro Haro from the Lung Association

Aloha, Chairs. Pedro Haro from the American Lung Association sending strong support.

Thank you. Keith Hayashi from Department of Education.

[inaudible]...

Thank you, Department of Health.

Aloha, Chair. The Department of Health stands on our written testimony.

Okay, thank you. Evan Oue for Hawaii Association for Justice. Not here.

Okay. Joy Bulusan. Okay, not here. Anyone else here wishing to testify on this measure?

Okay, none. Members, any questions?

Question for DOE.

Questions for DOE.

Thank you.

So I have two questions. Number one would be, how will DOE personnel be selected to administer the meds and how will students currently needing medication during the day be given the medication?

Okay, thank you for the question. Senator. This provision protects volunteers. So people would volunteer to do this. Currently we do have staff like the school health attendant, as well as nurses, but sometimes there's not enough personnel and we'd like our kids to be able to participate in all activities.

So volunteers can be trained to provide that daily medication if needed.

So. But every school will have someone.

Yes.

Thank you.

No, they're not here. Hawaii Association for Justice had comments. You might just sit there. One of the things they said in here.

And maybe you can opine on this is that Department and its employees and agents who act in accordance with the requirements of this section shall be immune from any civil or criminal liability arising from these acts, except where the person's conduct could constitute gross negligence, willful and wanton misconduct or intentional misconduct.

So that I don't know if that's on the bill right now. It might not be.

I think it is in there.

I think it is in there.

Okay.

And therefore, at the very least school employees who render aid under this bill should also be immune unless their acts constitute gross negligence or wanton acts. Okay. Just want to make sure.

Yes, thank you.

Okay, thank you. There's people outside that wanted to testify.

Okay, next we're going to move on and all other questions.

We're moving on. Thank you. You have Bill 2412 relating to the University of Hawaii appropriates monies to establish a bachelor's degree program in sign language and interpret sign language interpretation at the University of Hawai' Manoa campus with a multi year plan to include a master's degree program for interpreting- interpreter training. And we have Sabina Wilford.

Okay, so you can testify because we have somebody on Zoom who can interpret for you. So please feel free.

Sabina Wilford from Hawaii Interpreting Services. I stand on my written testimony.

Thank you very much.

And thank you for your service.

Okay, Kristine Pagano.

Aloha, Good afternoon. I'm from DCAB, and I support this measure. Thank you.

So, Sabina, you need to be on the microphone.

Yeah, can you just take. Can you turn the microphone around?

Good afternoon. This is from DCAB, and we stand on our testimony. Thank you

That's Kristine Pagano, right?

Yes.

Thank you.

We have Jack Lewin. I don't think he needs an interpreter.

We stand on our testimony. Thank you.

Thank you. Jan Fried or Freed. Sorry, not sure.

Aloha mai kaua, chairs, vice chairs, members of the committee, thank you so much for this opportunity. My name is Jan Fried. Thank you so much for correcting that. And I am a professor of American Sign Language English Interpreter Education and have been doing that for over 30 years at KCC Kapi‘olani Community College.

And I'm an interpreter in private practice and nationally credentialed. And one thing, I stand by my testimony and I want to emphasize the importance of having a bachelor's degree in interpreter education. Our national organization, professional organization that represents interpreters. We have an educational foundation. A bachelor's is required. It can be a bachelor's in anything.

However, to make sure that we have the most qualified interpreters that can continue their education, having a bachelor's degree in interpreter education is fabulous. And of course, if we eventually have a master's degree program where people can continue their studies in interpreter education. That's even better.

And if you have any questions about interpreter education in the field of interpreting, please feel free to ask. Thank you.

Why don't you stay there?

Sure.

Hercules Goss-Kuehnn. Okay. Okay. That's the last person here to testify, so I wanted to ask you questions. I figured I'd save you from going back to your seat. Please.

[ speaking ʻŌlelo Hawaiʻi]

I just wanted to let you all know that as a sign language interpreter, I'm speaking and signing at the same time. I come from three generations of deaf family, and this is very important to my heart because my mother's side of the family is from here. But I had to leave island.

I had to disconnect from Hawaii at 18. At 18, I had to let go because there was no pathway for me here academically to get an education related to interpreting or sign language access. So I had to go to the States, where I became a nationally certified interpreter just like my colleagues here.

So I studied and I stayed there for 10 years picking up the skills because Hawaii is lacking that. And that's why we have brains drain from here. Now I'm back here at 29 trying to make this stuff happen. But we need this to happen so we can elevate local talent that understands the cultural competency here.

No disrespect to the transplants, but here, there is a knowledge here that we need to maintain and persevere or preserve. So Mahalo Nuila.

Thank you.

Also, I'm available for questions, and I'm in support of this Bill.

Thank you. Okay, anyone else? Anyone else wishing to testify on this measure? If not. one more. Okay. Come forward. Okay. Thank you.

Aloha. Aloha, Senators. I'm Peter Arnade. I'm Dean of the College of Arts, Languages and Letters at Manoa. I'm here with my colleagues, Associate Dean Andrew Perez Kroeger and Chair of the Linguistics Department, Amy Schaefer. And this program and degree program be located in our nationally recognized Department of Linguistics.

And so I stand on my testimony submitted, and I'm available to answer questions.

Great. Thank you. Why don't you stay there? Can you. Can he take the seat? Your seat for now? Thank you. Okay, quick question.

Yes.

So for either of you, I think this is absolutely a good program.

Is it by any way going to be an obstacle for people who decide not to get a degree and become an interpreter?

So I think that's something that needs to be worked out. Because currently at KCC, our program which has been on hiatus, there had been some administrative and reapproval processes issues. We are launching again in the fall. It's a certificate program because it allows people who have a bachelor's degree to be able to study.

However, I think we with collaboration, which is going to be critical for this particular program is that if we are working together and pool our resources and manao about this and our ike, we will definitely be able to launch this. And I don't think it'll be a problem.

I think we'll be able to have a pathway, parallel pathway for those who already have their degree and would pursue their studies in just in interpreting.

What about people who don't want to get a degree and just want to be an interpreter? Is this a barrier?

No, it should not be. It should not be.

Or they can be hired.

It hasn't been. What's critical is having the actual credential. So currently in Hawaii, people have two different pathways. They can either get the state credential through the Disability Communication Access Board, through the Hawaii Quality Assurance Screening, or they can go. Actually there's three pathways.

They can also take a national credential through, through CASLI, which is a center on Assessment of Sign Language Interpreters. They can also pursue, if they're going to be focusing their work on pre K12, then they would take the Educational Interpreter's Performance Assessment. So there's three different avenues, all of which are accessible here in Hawaii.

I just would say from an academic point of view at Manoa, and we have the chair of the Department of Linguistics here, we have over 265 students taking American Sign Language courses. And we have a waiting list of over 120 who want to get into these courses. And so we already have three instructors.

American Sign Language instructors

American Sign Language instructors. So we have the foundation to build an interpreter degree program.

So here's a question then. Why do we have to have a bill? Why isn't the university just doing this without a bill?

So it requires funding. I mean pure and simple, small, small programs.

And it is for funding at all the time. But we've never had.

Sure. I mean DCAB, you know, this is DCAB bills, not Manoa's Bill. We're here just in support of it. And I think just shortage of funding is right. I mean we don't have the.

Well, There's. What do I. 200?

Well, I mean that would have

$40 million worth of $247 million of carryover

So Chair, let me clarify.

Actually, I think that's a fair question. But at the same time, you know, allocation of faculty positions is extraordinarily competitive in the university system and we often are not successful in seeking receiving positions that we request. And so this is an extra lift from a state agency and others in support of this. But I think the questions.

I understand the nature of your question.

So if I can also address that in another way, what's important to have the pool of possible candidates who want to go into the interpreter education program. Not all sign language students are going to pursue interpreting, nor do they have the facility to be able to do it.

It's a unique field and so we need to be able to have several pathways. So we've got American Sign Language at Honolulu Community College and KCC.

I don't have to cut you off. We are really.

It's a matter of external funding and some of that external funding, as we know, has left. That's for the Office of Special Education programs.

So is 140,000 sufficient to launch the program?

It's a first step and I want to be honest about that. There's a five year pathway. This would bring that the first step would be getting a critical APT or staff position and that is sufficient to hire salary and friends for that position. But of course, we'd have to.

Either other monies would have to be appropriated within the system already or we'd have to come back in the biennium for additional resources to build out the program. That's correct.

A faculty position.

A faculty position.

Because American Sign Language instructors are not interpreter education.

So what is the sign language for help. I'm sorry? Help. What is the sign language for help? Help. The sign for help. Help. And I really think all of our students should be taught that. All students in DOE.

Thank you. Really short question and I understand why DCAB introduced this bill because we have a super shortage.

Yes, we do.

Of sign language interpreters. And in fact, at my last town hall on the Big Island, we could not find a sign language interpreter.

So in the event that for some reason this bill dies, and I'm hoping it doesn't, how does the university. What is the university going to do to prioritize making, ensuring that we have sign language interpreter education so that we could fill the void of sign language interpreters?

I would say in response to that, we have the Chair of Linguistics here. We have, we have. And we can share these proposals with you. We have on our own built three instructor positions in the Department. Amy, do you want to come talk.

So you will prioritize?

No, you don't have time. No time.

I'm sorry. We are really running of time.

We just wanna make sure

So we prioritize as much as we can with the money that we do have within the college.

And I think that if we also continue collaborations that will also make that a reality much sooner, is to make sure that the pressure is also in the system. Thank you so much for your time.

Thank you.

That's it. Up to you.

Calling back to order the Joint Committee on Education and Committee on Health and Human Services. We are in decision making.

First Item, Senate Bill 2969. This is relating to the Maui Wildfire Exposure Study. The recommendation is to blank out any amounts if it's in the bill, and to pass with amendments. Any discussion members?

Hearing none. Vice Chair passed with amendments.

None.

Chair.

Aye.

Chair votes aye.

Vice Chair votes aye. Senator Fukunaga excused. Senator Hashimoto?

Aye.

Senator Decorte?

Aye.

Measures adopted. Madam Chair.

Thank you. Senate Bill 265. I'm sorry.

Yeah. HHS. Same recommendation.

Vice chair for the vote.

2969. Recommendation, Senate Draft 1 noting the presence of all Members on the Committee. Any wrs and no? seeing none. Recommendation adopted.

Thank you. Sorry, I know. This is your Maui Bill. Senate Bill 2657 relating to Alzheimer's disease and related dementia. The recommendation is also to blank it, blank out the amount because we're not sure what that is. And technical, non substantive amendments for clarity and consistency. Members, any discussion?

Hearing None. Vice Chair? Chair votes aye.

No

Vice Chair votes aye. Senator Fukunaga, excuse. Senator Hashimoto?

Senator Decorte?

Aye.

Aye.

Motion is adopted, Madam Chair.

Thank you. For HHS.

For HHS. Same recommendation.

Okay, sorry.

Go ahead.

Recommendation 2657 is a Senate Draft 1 noting the presence of all Members of the Committee. Any wrs or no? seeing none. Recommendation is adopted.

Okay. Thank you. Senate Bill 2612 relating to medication administration in schools. Recommendation is to pass as is. Any discussion?

Hearing None.

Senate Bill 2612.

Chair votes Aye.

As is

Passed unamended.

Yes.

Chair votes aye. Vice Chair votes aye. Senator Fukunaga excused. Senator Hashimoto?

Senator Decorte?

Aye.

Aye.

Measures adopted. Madam Chair.

Same recommendation for HHS. Vice chair for the vote.

Thank you.

Okay. 2612 recommendations Senate Draft 1 noting the presence all Members of the Committee. Any wrs or no? seeing none. Recommendation is adopted.

Okay. And finally, for the last measure. Senate Bill 2412 relating to the University of Hawaii, appropriates money to establish a bachelor's degree program in American Sign Language.

Recommendation is to pass with amendments, technical and non substantive amendments, and to blank out the appropriation on page two. Hearing any discussion?

Hearing none. Chair votes aye. SD1

Senate Bill 2412. Chair votes aye. Vice Chair votes aye. Senator Fukunaga excused. Senator Hashimoto?

Aye.

Senator Decorte?

Aye.

Measures adopted. Madam Chair.

Thank you.

Same with HHS. Same recommendation.

Okay. Recommendation 2412 in Senate Draft 1, knowing the presence of all Members of the Committee and EWR and no? seeing none. Recommendations adopted.

Thank you everybody, for your patience. We are adjourned.

Okay, HHS Committee, please stick around.

1 o'clock hearing for HHS.

Could everyone please calm down?

To accommodate the Deaf Blind Task Force, we are going to call out of order the Deaf Blind Task Force bills, which are SB 2414 relating to Disability and Communications Access Board.

First up. Excuse me.

First up for SD 2414, we have

Jack Lewin for SHPDA in support. Next we have DCAB, Kristine Pagano.

Okay. We do still have a sign language interpreter.

Okay. Please speak present.

I stand on my testimony.

Thank you.

Thank you.

Okay, thank you so much, Kristine. Okay, next we have Louis Erteschik, Hawaii Disability Rights Center in support. Thank you. Eleanor Macdonald, Deafblind Task Force in support. Lila Mower in support. Peter Fritz providing comments. Peter Fritz, no? Okay. Sherry Shimizu in support. Heather McVeigh in support. Laura Safranski in support. Kayla Low in support. Beth King in support.

Anybody else wishing to testify SB 2414?

Members, any questions?

Okay, seeing none. Moving on to the next Deaf Blind Task Force Bill, SB2848, relating to hearing aids. And I'd also like to note that we do have more Deaf Blind Task Force bills in the joint session after.

But in case people want to leave early, I want to accommodate them.

So, first up for SD 2848, we have Department of Attorney General providing comments. Okay, next we have

Present, Attorney General.

Attorney General are you present?

I am present.

Come on up.

Good afternoon, Chair. Janine Udui, Deputy Attorney General. On behalf of the Department, the Department submitted testimony identifying concerns that the Bill may run afoul of the constitutional requirement that each bill shall embrace one subject shall be expressed in its title. To remedy this issue, we recommend deleting the amendment on page four, line eight of the bill. Thank you.

Thank you very much. Next we have Department of Taxation providing comments.

Good afternoon. Clinton Piper, Department of Taxation will stand on our comments.

Okay, thank you very much. Next we have Peter Fritz in support. Peter, are you present on Zoom?

Yes, I am.

Okay, please proceed.

First comment is, I agree totally with the AG's comments. I think that was a straight comment that came in from some sort of other template that LRB was using when they drafted it. So the AG is correct. I stand on my testimony and will answer any particular questions.

And I thank you for the opportunity to testify.

Okay, thank you very much. Next we have Mike Golojuch Sr. in support. Lila Mower in support. Sherry Simizu in support. Kristine Pagano for DCAB. And I understand your interpreter.

[Inaudible] in support.

Okay, thank you very much. Okay, anybody else wishing to testify on SB2848? Members, any questions?

Okay, so we are gonna go back to our regular schedule. And that would be first up, SB 2275 relating to persons with disabilities.

First up, we have Director Yamane providing comments.

Med-QUEST.

Hello, Yes, Hi. I'm not able to unmute my video or start my video, but I'm Rajani Star representing the Department of Human Services. The Department stands on its testimony and I'm happy to answer any questions.

Thank you very much. Next we have Daintry Bartoldus, Hawaii State Council on Developmental Disabilities and Support.

Yes, Daintry Bartoldus, Executive Director for the Hawaii State Council on Developmental Disabilities. We are in support of this measure but we're hopeful that DHS with their state plan amendment, where it has a full income disregard and asset disregard will come through where a Medicaid buy in won't be needed.

But right now we are in support of this as in case that is needed. Thank you.

Thank you very much. Next we have Kristine Pagano again, DCAB in support.

[inaudible] in support.

Thank you very much. Louis Erteschik, Hawaii Disability Rights Center in support.

Yes, thank you. Good afternoon, Senator, Members. Senator, I know you championed Kal’s Law because I still got the pictures to prove it.

And I know that you

and that was I was on the House.

I know you are very supportive. And I think what's happened is that over time, Kal’s Law has worked very well. And so you see more people with disabilities employed. At the same time, we've also seen some limitations with it because it currently is pegged to a cap of like 135% of the poverty level.

So you have people making more who are now faced with a tough choice about career advancement versus Medicaid. So there is a bill moving on, repealing the cap on Kal’s Law. That would be good. The Medicaid buy in as here is also another option. So I think all these options, the goal is competitive employment and integration.

So whatever moves is good I think at this point. Thank you

Thank you very much. Next we have Hawaii Self Advocacy Advisory Council in support. Janelle Fiesta in support. Janelle, are you present?

I'm right here.

Oh, terrific.

Good afternoon, Chair San Buenaventura and Committee Members. My name is Janelle Fiesta and I'm here in strong support of SB2275. I know of a young man named Kal Silver. He lived with a rare neuromuscular condition called spinal muscular atrophy, type 2.

Because of his condition he needed 24 hour care, this extensive care, only accessible through Medicaid, allowed him to live. I heard that Kal was brilliant and he had goals just like anybody else.

His brother is right here, by the way.

Yes, I know of him. He dreamed of becoming a professor and a writer. But Medicaid eligibility rules forced him to choose between meaningful employment or the life sustaining services he depended on. And no one should ever have to make that choice. Kal passed away in 2013 at the age of just 23.

I never met Kal, but I live in the exact same condition that he had. And I face the same impossible dilemma every day. I worry about losing my Medicaid if I continue to work and I can build for my future. Just wanted to ask you to please support Medicaid Buy-In program.

Thank you.

Thank you.

Thank you very much. Next we have Iris Xiao. Iris, are you present on Zoom? Please proceed.

I have something to say about it. Aloha chair, vice chair and committee members. My name is Iris Xiao. Thank you for letting me share testimony. I'm right in support of SB2275.

Iris, can you stop? Iris, are you parked?

No, she's passenger.

Huh? Are you a pass. Are you a passenger or we cannot have you driving and testifying.

Okay, okay, I'm stopping right now. I'm stopping. Sorry, I apologize.

Yes, please.

Yes, I understand.

Okay. We cannot have an accident. So. Iris, I'm gonna call somebody else, okay? I'm gonna call somebody else and after you park, okay, we'll get you back on. Okay, so Laura Safranski in support. Leilani Kailiawa in support. Okay. Iris, are you stopped? Not yet.

Almost. Yeah, show signals.

Okay. No, no, no.

We don't want an accident. Don't worry, we will get back to you. Anybody else wishing testifying SB2275?

Okay, so are you. Are you finally parked Iris?

She's looking for parking.

Okay, Are you driving or are you driving? Or if you're not driving, then you can testify.

I'm not driving. It's my cls person.

Okay, good, good, good. Okay, Iris. Okay, Iris, then please. Okay. Please proceed, Iris.

Okay, thank you.

Okay, go ahead.

Okay. Aloha chair, vice chair and committee members. I am in support of SB 2275 and I'm letting. I'm sharing my testimony. I live in Oahu and I want. I'm a self advocate with Self Advocacy Advisory Council.

This bill is important to me because I feel the Medicaid buy-in program is right now is not working and making money makes me feel uncertain and it feels unfair. I really would like to work a job so that I can be a more of a community and I can earn my own money without losing my medicaid.

As someone with disabilities, I often need more support to help me work. If I were to work, it would matter how much money I make.

If the Medicaid buy in were passed, I would feel more secure and I also would feel like things would be better to for myself if I earn money, support myself and better positive and perspective and how I'm living my life.

Okay, I appreciate it. Anybody else wishing to testify in SB2275? Members any questions?

Seeing none, moving on.

Next we have SB 2390 relating to insurance. First up, Director Yamane. Thank you.

Thank you, Chair.

Med-Quest?

Yes. Hi, this is Ranjani Starr representing the Department of Human Services. The Department stands on its testimony and I'm happy to answer any questions you might have.

Thank you. Next we have State of Hawaii Insurance Division providing comments.

Good Afternoon, [inaudible]....

Thank you. Jack Lewin, State Health Planning and Development Agency in support.

Chair, Members. Yes, we support and stand in our testimony. Thank you.

Thank you. Next we have John. I'm assuming either Kurumitsu or Ching from Kaiser Permanente. Are you present? John on zoom.

Not present on zoom. Chair.

Okay. Walden Au, I just saw you walk in HMSA providing comments.

Chair. Vice Chair, thank you for allowing us to come up and provide comments on this bill. We appreciate the needs that the advocates have raised about access. We just would like to point out that while there was an Auditor's Report 2501, the bill that it referenced and the study that it referenced was for medically necessary biomarker testing.

We would respectfully ask either to align with the study to allow for medically necessary or mandate coverage for medically necessary biomarker testing or I would potentially have to go back to study. Thank you for the opportunity.

Okay, thank you very much. Next, American Lung Association in Hawaii in support.

Aloha, Chair and Committee Members. Pedro Haro, Executive Director of the American Lung Association.

You have my written testimony. I just wanted to highlight that it's critical for Senate Bill 2390 to avoid the phrase medical necessity as that term often allows insurance companies to apply their own restrictive internal criteria to override providers clinical judgment by instead anchoring coverage to establish clinical evidence and peer reviewed standards of care.

The bill ensures access to biomarker testing is determined by the latest the latest medical science rather than administrative gatekeeping. Thank you.

Okay, thank you very much. Next we have American Alzheimer's Association in support. Coby, did you leave?

Okay. Biotechnical Innovation Organization in support. Primo Castro, please proceed. Primo.

Yes. Aloha Chair, Vice Chair, Members of the Committee. For the record, my name is primarily Primo Castro with the Biotechnology innovation organization or BIO. We strongly support SB2390, BIO represents biotech innovators across the country, companies working to develop treatments that save and improve lives.

A key part of this progress is biomarker testing, which helps Clinicians identify the right treatment for the right patient at the right time. Biomarkers guide precision medicine, especially in cancer and rare diseases, by showing which patients are most likely to benefit from targeted therapies. When testing is delayed or not covered, patients may may miss life saving options.

Unfortunately, a recent report found that the majority of states lack minimum coverage requirements for biomarker testing, leaving many patients without access. SB2390 ensures timely, equitable access to clinically supported biomarker testing ordered by qualified health professionals and updated alongside new scientific advances. Coverage policies should never stand between patients and the treatments they need.

For these reasons, we respectfully urge your yes vote. Thank you very much.

Thank you very much. Next we have American Cancer Society Center Action Network and support. Cynthia Au.

Cynthia Au, ACS CAN strong support. Biomarker testing is increasingly essential in helping Clinicians match patients with the right treatment at the right time. For for patients to access tests that are medically necessary to guide their treatment decisions. This legislation does not mandate unnecessary or unproven testing.

The language limits coverage to circumstances where there is solid evidence based support and where testing is recommended by recognized clinical guidelines. The auditor's report released last January showed that while many plans already cover portions of this testing, coverage remains inconsistent.

This bill is needed to ensure equitable access across all health plans so a patient's treatment options are not determined by the insurers. Refer to Natalie Hyman's story, that is she submitted testimony on it. Similar laws have been enacted in 22 other states. These laws, like SB2390 apply across disease areas, not just cancer.

And they tie coverage to independent trusted sources of evidence so policy can keep in pace with scientific advances.

Thank you very much. Okay, I see Coby Chock walked in for American Alzheimer's Association of Hawaii, please.

Hello, Chair Senator San Buenventura and Vice Chair McKelvey. Coby Chalk with the Alzheimer's Association in support. For Alzheimer's disease, Biomarkers are the only way to confirm a diagnosis to qualify for the newest treatments that slow down the progression of the disease.

So we want to make sure that it's covered by insurance because every time that someone misses a diagnosis or gets delayed, you miss that treatment window and it's just too late. So for those reasons, we stand behind this bill. Thank you, Senator.

Thank you very much. Michael J. Fox Foundation, JJared Giarrusso-Khlok in support. I see you on zoom. Please proceed. You have one minute.

Hi, good afternoon. Thank you. My name is Jared Giarrusso-Khlok with the Michael J. Fox Foundation. MJFF is the world's largest nonprofit funder of Parkinson's research, having invested over 2.5 billion globally to accelerate better treatments and ultimately a cure.

I stand on my written testimony and just want to say very quickly that science is finally moving faster than the disease. We now have a biomarker tool that can detect Parkinson's, but without coverage there's a real bottleneck in being able to give everybody access to better treatments. So we ask for your support. Thank you.

Thank you. Next we have Hawaii Association of Health Plans, Rachel Wilkinson providing comments.

Good afternoon, Chair, Vice chair, Members of the Committee, Rachel Wilkinson, on behalf of the Hawaii Association of Health Plans, offering comments. You have our testimony before you.

I just wanted to call out the fact that, you know, while we do believe that these tests offer significant benefits in cancer treatment because of the omission of medically necessary, we do think that this could lead to coverage of tests that are not clinically justified and therefore costs will increase and that will be passed on to the consumers.

Thank you very much.

Okay, next we have Ellenie Valanos of Oncology Nursing Society in support. Okay, nobody else having registered to testify. We have 16 individuals all in support. Hope National Comprehensive Care Cancer Network in support. Every Life foundation for Rare Disease in support. Hawaii Lawyer Women Lawyers in support. Adva Med in support. Zero prostate cancer in support.

Global Colon Cancer Association in support. ICANN International Cancer Advocacy Network in support. Hawaii Rheumatology Society in support. American Urological Association in support. Anybody else wishing testifying SB2390?

Members, any questions?

Okay, seeing none. Moving on.

Next we have, I believe SB 2540 relating to youth penalties. First up, Judiciar, in support.

Next we have McKenna Woodward, Office of Foreign affairs and support.

Aloha Chair and Vice Chair McKenna Woodward on behalf of the Office of Hawaiian Affairs in strong support of this measure. I want to quickly mahalo the community who's been working tirelessly on this Bill, especially Ekolume Anui and Debt Free Justice Hawaii and also to the judiciary for their support.

This Bill is really so important for our Keiki and the Lahui. If the state is truly sincere about moving toward a restorative Rehabilitative model of corrections. This is a great way to move the needle on that. Youth penalties only serve to unfairly punish ohana who cannot afford to pay their way out of accountability.

And that's really evidenced by a report from the judiciary a couple years back that found that actually only 17% of youth fees and fines are actually paid. Replacing this outdated practice, as many other states have done with ina based community service, allows youth to meaningfully participate in programs that strengthen connection to culture. Place in the Lahui.

Mahalo Nui Loa for the opportunity to testify. And I'm available for questions.

Okay, thank you very much. Next we have Venus Rosette Medeiros in support. Venus, are you present on Zoom?

Not present on Zoom.

Chair, Opportunity for Youth Action, Hawaii. Kalista Ankog in support. Alicia, you present Kalista. Okay. Jamie Miller of Ekolu mea Nui support. Jamie, are you present on Zoom?

Yes, I am. Okay, please proceed. Mahalo Chair, for engaging with us on this issue. And aloha to vice chair and the Members. We want to thank the community partners that have also shown their unrelenting support. And so we stand by our testimony.

But I would just like to point something out that if for some reason this year this measure, this measure is not adopted, legacy juvenile debt remains legally enforceable. That means license holds, blocks employment, collection referrals that damage credit, barriers to housing and military enlistment, and unresolved court obligations that follow young people well into adulthood for penalties.

The system rarely even recovers. This Bill does not remove accountability. It replaces ineffective monetary punishment with community service and ina based, culturally grounded alternatives that repair harm without destabilizing households or interfering with school and work futures. A mistake at 15 should not block opportunity at 25. Thank you so much.

Okay, thank you very much. Next we have Carrie Ann Shirota, individual in support. Okay, you're no longer the ACLU. Okay, please proceed.

Hello, Chair, Vice chair, Committee Members. Carrie Ann Shirota, attorney. I'm testifying in strong support of this measure for a number of reasons. One, it follows best practices. Hawaii has made strides in implementing data driven policies for reform in a juvenile justice system.

We're actually being followed by other states and we want to add to that by passing this measure. Second, it advances racial equity. We know that Native Hawaiian and Pacific Islander youth are more likely to be in the juvenile justice system, and this would be cost and borne by their family.

And for families that have wealth, their children, rather than having their parents write a blank check for them, hold them accountable. That's truly restorative. Justice recognizing the harm and being accountable. This Bill also advances restorative justice. Aloha. Giving back to the community and learning these skills. And last, it just makes fiscal sense. You've heard from the judiciary.

They're not relying upon this funds to operate and they are in strong support. So thank you to the Committee for hearing this measure. Please pass.

Thank you very much. Next we have Office of the Public Defender in support. Darcia Forrester.

Aloha. Deputy Public Defender Darcia Forester. I'm here in my capacity as the supervisor of our Juvenile Division. We are in very strong support. As you know, this Bill has been kicked around for a couple years and there's been a bunch of changes. But I believe that we believe that this version is the best version of the Bill.

We. I just really want to emphasize this Bill has no impact on restitution. Restitution is different than fines and fees and court costs. And also we really appreciate the inclusion of ina based opportunities for community service and expansion of community service opportunities for our kids who are going through the juvenile justice system. So thank you. I'm available for questions. Thank you very much.

Anybody else? No one else having registered. We have a sale. zero, Aloha.

Sorry, I haven't identify yourself. Aloha Chair and Vice Chair and Committee Members. My name is Zoe Martinez. I'm a Youth council Member of Naopio Vai VI. I stand to support this Bill, SB25. I acknowledge the written testimony submitted by myself and my fellow NA Members. I would like to thank you guys for this opportunity to testify. Mahalo.

Okay, thank you very much. Okay, we have also in support. Depri Justice Hawaii in support. Brittany Kealoha in support. Nicola Z in support. Naomi Manuel in support. Isis Osborne in support. Anybody else wishing testifying? SB2540 Members. Any questions? Okay. Seeing that. Moving on. SB3142 relating to dangerous intoxication. Director Yamane provide in support.

Good afternoon. Chair Trista Spear, Deputy Director of the Department of Human Services here on behalf of Director of Yumane. The Department stands on its testimony in support of this measure and is available.

Thank you. Department Corrections and Rehabilitation support. Tommy Johnson. Okay. Trisha Nakamatsu, Deputy AG and support. You're not Tricia.

No, I'm not. Okay, go ahead. Dave Day, Special Assistant State Attorney General of the Department of. The Attorney General stands in strong support of this measure. I want to connect one thing.

Last year this Committee spearheaded a landmark piece of legislation which was Act 219 of 2025 which updated and modernized Hawaii's civil mental health code and improved upon and introduced new pathways for people suffering from serious mental illness or substance abuse to receive treatment.

This Bill builds upon that work with respect to those who become dangerously intoxicated in public. People who are dangerously and acutely intoxicated in public pose risks not only to the people of Hawaii, but to themselves.

This Bill, which is inspired by a long standing California law, will provide an additional pathway for law enforcement in the judicial system to get people who are dangerously intoxicated out of harm's way and on the road for better days. Available for questions.

Thank you. And I see Director Tommy Johnson present in support. Yes, thank you very much. Next we have Will Kane, Senior Advisor, Office of the Governor, in support. Hawaii State Department of Health in support. Okay. Office of Wellness and Resilience in support. Trevor Abaru, WI Business Improvement District and support. Trevor, are you present on zoom?

Not present on zoom.

Chair, IHS. I think it's more comments than in support, but it says here in support. Connie Mitchell, Hawaii Psychological association in support. Alex Lichten, Alec Lichten, J.C. McCullough, neck. I see. Aye. He was here for Queens providing comment. Dr. Ignacio, Hawaii Medical association and support. Mike Goodman in support. Please proceed. I see on zoom.

Thank you. Good afternoon, Senators. I'm an attorney and chair of the Partners and CARE Advocacy Committee, but I'm testifying as an individual because the membership hasn't voted on this Bill yet. I also serve as a guardian ad litem for severely mentally ill subjects of Assisted Community Treatment act cases, most of whom are chronically homeless.

I'm testing, testifying in strong support of this Bill. And I also recommended a couple of minor textual amendments to help this Bill withstand constitutional challenges and make its application more practical, which I explained in my written testimony and won't repeat here.

However, there are problems with the civil and penal code that will make the real world application of this Bill more difficult and were not mentioned in my testimony, written testimony, and which are addressed by SB 2288.

So I encourage Members of the Committee to not only vote for this Bill, but also to coordinate efforts with that Bill, possibly even consider combining the two bills. Those problems include problems.

Thank you very much, Mr. Goodman. Sorry. Okay, next we have John Dutzman in support, David Fukuzawa in opposition. I see Director Lambert here for DLE in support testimony. Okay. Darcia Foster, Office of Public Defender, in opposition.

Aloha again. Thank you very much. So the Office of the Public Defender does oppose the Bill. We have some constitutional concerns that we've outlined in our testimony. And so we're asking the Committee to take a look at those constitutional concerns.

I'm not familiar with SB2288, but I will take that back to my office and see if those, if that Bill addresses some of the concerns. I'm not going to go into detail because of the time limits. I'm just pointing out that we have very specific examples of what the concern concerns are. So thank you.

Okay, thank you very much. Next we have Dr. Miskovich, Premier Medical Group in support. Anybody else wishing to testify on SB3142, come on in. Come on up.

Thank you, Chair and vice chair and Committee Members. I stand by what my testimony was, but I want to add something that's very much breaking.

Could you please identify yourself?

Okay. I'm Dr. Scott Miskovich and I'm President of Premier Medical Group, Kalhali Health and other affiliate organizations. I'm working closely with the Governor and the governor's office on homelessness. I wanted to address something that has been highlighted in a few of the testimonies and bring some good news that everyone needs to understand.

I just had a zoom call with the National Association of Respite Medical Providers, and we now have a 1115 waiver for Medicaid that allows us to use Health Care Dollars for taking care of the health care items for these patients. And this would qualify.

We've had that for a while.

No. Yes, we have, but we're implementing. We're implementing it for January 1 for the housing and the respite services for homeless. And the bottom line is this would cover and qualify to be funded under that.

Thank you very much. Okay, anybody else wishing to testify in SB 3142 Members? Any questions? I've got a bunch of questions. Department of Health. Come on up, DLE. Come on up. I'm sorry, not DLE. DCR. This Tommy Johnson. Okay, well, you know, I see Dr. Chap. zero, come on up. I understand.

And you can pipe up to Dr. Champion, but here's my concern. Okay? This may be my first term as health chair, but this is my fourth term as Human Services chair. Prior Administration under Director Bruce Anderson with, they had a plan to reduce Hawaii State Hospital population, which right now, according to my informational briefing, is overcrowded.

Has been overcrowded for a long time. Queens hospital's concern and IHS's concern needs to be taken into account because ever since Bruce Anderson left with his deputy who had a plan to reduce the overpopulation. Department of Health does not have a plan to reduce overpopulation.

Huge concern because way back then in 2015,2016 I mean, Queens is not here. But they. They said that if we pass this, we're going to have the same problem with the emergency rooms that they had back in 2016,2017 until the CARES program started circulating and removing. I forgot his name.

Now, he was a deputy Director with adad. Eddie. That's right. Eddie Mercer. Until Eddie Mercer had the plan. Right. Thank you, Louis Archer. Because he had. His first plan was the CARES project, which is working because I don't have here complaints from Queens anymore about their emergency room Being overcrowded, but with the support of housing.

I mean, Dr. Miskovich brought up the 1115 and I know we've had that for a while. Remember four year, fourth term human services chair. So I know about 1115 waivers and I know that Ohana health plans, I mean Rachel Wilkinson was here, was using those 1115 waivers to provide supportive housing.

But they're not going to be around anymore. So what is your plan if we pass this? To reduce Hawaii State Hospital overpopulation to actually house these people other than putting them back in the emergency room.

Go ahead.

So we are working on a plan to decompress Hawaii State Hospital. There was an info briefing at which that was presented.

No, there was no plan. You just had to go. I remember that info briefing.

So within that decompression plan there were five core aspects that we were looking at. One was for those patients and the key is to get people in their most appropriate setting for their care. So there are patients who would be more appropriate to be cared for in a long term care setting.

And thanks to the Legislature and a Bill passed last year, we're able now to discharge patients from the state hospital directly to a contracted long term care facility. Facility. And we have already begun doing that.

But that's for a long term care facility. That's for long term care patients. But it frees up beds from the. It doesn't help those 704 patients that are still overcrowding his state hospital. And that's the reason I have VCR here.

So when we look at the average length of stay and who's contributing to the census at any one time, these patients who are chronically there that were able to place them in a more appropriate setting frees up.

We don't really have time for this. This is going to go to another Committee and you're going to hear my recommendation that basically it's going to be tied to whether or not you folks actually do have a plan. Because Eddie Mercer's plan was shut down by your predecessors.

And I haven't heard a plan since then to reduce the overpopulation that is workable. Okay. All I heard was a goal. That's the reason I had the info briefing. But I am reluctant to put back the mentally ill back into the emergency rooms, which is what this will likely do.

And even IHS is saying that, okay, and I want you guys to work together to come up with something. And I point to you because it's a 704 overpopulation at state hospital. That's, that's Causing a lot of the overcrowding. But any other questions? Super quick question. Okay. And why don't you call the TRS to come in.

We can, we can recess.

Just super quick. Department of Health, do you guys contract to put patients like when the chair described into any hospitals or places on the mainland?

There are patients with primarily acute psychiatric needs. We previously had contracted with kahi mohala for 48 beds when that they stopped providing services to adults. Then that was added to 48 patients of the census at the state hospital.

We do currently have a contract with one facility on the mainland and some of the work with DCR and how they're contracting. We are looking for other opportunities. At this time. We are not transferring any more people to the mainland. We have seven patients there currently. But it is an option to look for additional facilities.

And do you have oversight over these facilities or are we going to be facing or are facing the same issues before when we outsourced or prisons through these private companies that abuses and other things were happening which the state was then liable for. Is that situation occurring or has it occurred with these contracts?

So as part of our current contract there are provisions for oversight, regular meetings. There was an on site visit. We would certainly look to see if that needed to be strengthened in any future contracts. So the point is well received with the responsibility for the state.

I would like to see any complaints that have come from this and how they're being handled and what other things have come up with these contracts.

Yes, sir.

Thank you Chair. Appreciate. Thank you.

Okay. And. Right. Okay. We are going to recess the. The last remaining Bill for HHS. And are you ready? And we are. We're going to call in the HHS TRS joint hearing. Senator, there's three bills, not just one. I understand, but I think I'm first, right? Yes.

I meant in the HHS agenda. You said there is one more Bill. Zero, sorry.

It's okay. One, three. Hey, what the hell?

No, no, no. We called two out of the. We only have one left. Okay. IT. Are you ready? Do I need to gavel out? We're, we're, we're doing a recess. Recess on hhs.

Yes. Gavel out, Chair. And then I can count you in for the next. Yes, please count us in. Okay. Going live in 54321.

Calling the HHS TRS joint hearing. First up, we have SB 2936, relating to parking for disabled persons. First up, we have Daintry Bartoldus, Hawaii State Council on Developmental Disabilities, in support.

We stand on our testimony. Thank you, Chair.

Okay, next we have Kristine Pagano, DCAB, in support.

DCAB stands on our written support.

Okay, thank you. University of Hawaii, providing comments. Okay, next we have Louis Erteschik with Hawaii Disability Rights Center, in support.

Yes, thank you, members. The ADA is simply a floor. So the ADA at the federal level says you have to have a minimum amount of parking spaces, but nothing in federal law precludes the state being more protective of people with disabilities, and so that's basically what this bill does.

I think everybody in the disability community laments the fact that we need more ADA handicap parking. So we think this is a good idea. I understand there may be some feasibility issues, especially for small businesses, but fundamentally, this is a good idea, so we support it.

Thank you. Next, we have Retail Merchants of Hawaii in opposition. Dave Erdman, are you present? Retail Merchants? Next, we have Deaf-Blind Task Force, Eleanor MacDonald in support, Lynn Murakami-Akatsuka in support, Annette Tashiro in support, Johnnie-Mae Perry in support. Anybody else wishing to testify on SB 2936? Members, any questions? Okay, go ahead.

I don't know who this would be for. I guess I'll pick on the DRC guys. What's a parking lot? It's not defined in the bill anywhere, so. I guess nobody wants to answer that. Okay. Thank you, Chair. Yeah, if you don't mind.

Aloha, Chair. My name is Bryan Mick. I'm with the Disability and Communication Access Board. That was one of the issues I saw raised in the UH testimony, and that might be something to consider actually. The ADA uses the term parking facility to make a distinction because that could encompass a parking lot or a parking garage.

And I think, importantly, and I also noticed this in UH's, when you do have separate parking facilities on one piece of property, those are to be looked at separately in scope. So there is a provision that allows you to move accessible spaces into one of the two.

So if you have a service line in the garage, and one of those actually has better accessibility to whatever's being serviced, you can move the spaces, but you do actually have to do the calculation separately from them. So it might be a consideration, though, to replace the word parking lot with parking facility to make it align with the ADA's approach.

Thank you. Okay, thanks, Chair. That was it.

Stick around. I have a question. Okay. My question is this. This bill has specific number of spaces that need to be made available. Are there any metrics? I mean, like, how do we know how many spaces need to be made available? I mean, do we have the number of disability passes being issued versus the population?

Yeah, I can talk a little bit to the logic, basically, behind the formula. So currently, those brackets--what I call brackets, so between, like, 1 and 25 total spaces--that's how the ADA approaches it. You have a chart.

So there's already an ADA--

There's a chart, and as Mr. Erteschik said, that's the minimum. This took that same thing basically and is looking to raise the minimums in those same brackets.

Here's the problem I have, okay? I hear from the kupuna people that they are not being given disability placards because even though they have an inability or they want to be able to access these places better. So if we increase the number of disabled spaces, these kupuna, who don't have the disability placards, will have a more difficult time finding spaces. So what I want to know is, what is the basis for increasing?

Sure. So the basis is, if you look at the current formula in the ADA, strangely enough, it trends down the bigger a parking lot gets, and surveys we've done with our permittees, they report that basically the bigger a parking lot is, the less likely it is that the accessible spaces will be that.

So it starts about 4% in your normal sized lots, but as you get up to 500 or more, it goes all the way down to 2% of the total spaces as being accessible. We know our number of permittees is close to 8% of the residents have a parking placard. So you have a real imbalance in those larger lots between the number of people who have a permit and the number of spaces.

What the formula in this bill tries to do is tries to smooth it and make sure that it never falls below 4% in any particular parking lot and it keeps that consistent as the parking lots get bigger. So that was the approach.

Okay. So there is a formula-based-- I mean, because it didn't say that in your testimony other than the-- okay. Any other questions?

Parking facility, right?

Yes.

Okay, thank you very much. Go ahead, Senator Inouye, who is lead on the other bills. Oh, excuse me. Anybody else wishing to testify or any questions on SB 2936? Seeing none, Senator Inouye.

Thank you. Thank you, Chair. We'll proceed with SB2850. And this is relating to parking with persons with disabilities and it provides that people who are blind or deaf are eligible to apply for and receive a disabled paid parking permit. The Disability and Community Access Board. Christine Pagano or Representative. Sorry about that. Okay, thank you very much.

Next up, State Council of Development Disabilities. Okay, thank you. Testifying for the Deaf and Blind Test Force, we have communication from Lois Ber. Testimony on that. Oh, okay. Thank you. And that's in support. Is that in support or opposition? Support. Okay, let's see. There's 456.

Let's see. Four testimonies. And I will read these because two are on Zoom. In opposition, Marie Hutfold. James Gashell .

James Gashell right here. I'll just stand on our written testimony. For National Federation of the Blind of Hawaii. Just urging you not to pass this Bill, but instead to have a working. Group with DCAB to consider this and make recommendations for the Legislature next year.

Thank you, James, for being here on Zoom. It katie . Okay, thank you. And. Thank you so much. I'm sorry, did I miss you? Marie Cottrell. Okay, thank you so much. We did get your communications. Okay, next. Virgil Stinnett on Zoom.

Also not available on Zoom Chair.

Thank you. It that's in opposition. We have two other persons in opposition. Anneta Shiro and Joel not here. In opposition. Johnny May Perry in support. Opposition. Rodney. And that's. You're here as well? Yes. Okay. You're in opposition. Thank you so much. Sherry Shimizu in support. Laura Safransky in support.

Is there anyone else wishes to speak to SB2850 hearing?

This is Maurice Brag. This is the testimony, but I don't know if you had it received it in time.

No, that's okay. Are you here to testify? We'll allow you to justify. Oh, sure, sure.

Can you come in? Yes. Can you manage to find a seat right here? Of course. Okay. And speak into the mic. And you prefer standing up? That's fine. Just move a little in the back here. Thank you so much for being here and having patience as well. The mic's right here.

All right. Mahalo, Madam Chair, Vice chair and distinguished Members. While I appreciate the spirit and.

State your name, please.

My name is Maurice Perret, and I stand in opposition. And I'm not. I appreciate the spirit and the intent of the Bill, but what I have to oppose because of the language, because blindness and deafness is set up as a presumption of incapacity and diminished capacity.

I would not want to have anyone excluded from this accommodation for people who actually need it, but for those of us who are blind or deafness in and of itself does not mean that we cannot walk more than 200 yards.

So I just would also lend my support to any working group that would help to refine the language and change it so that it could be considered on a more equitable basis.

Thank you. Thank you so much for being here as well. Is there anyone else wishes to speak to SB2856?

Chair. Chair. My name is Peter Fritz. I have a few. I have a few comments. I'm on zoom.

Okay. State your name again, please.

Okay, my name is Peter Fritz, and I have some comments. Not taking a position either way. But when I read DCAB testimony saying we don't want to do it because it's going to make parking harder, the issue isn't whether or not if parking is harder. The issue is whether or not there's a safety basis for doing this.

And so as I look at this, the question is, first, how much pressure will this be on? I've done some research, and there's a small percentage of people that might be included to increase this capacity. And so that's something that needs to be taken into consideration.

And the other part that's missing from anybody's testimony is approaching this problem from the issue of enforcement. How many times have you gone into a parking lot to watch somebody who can run around a block or run a marathon and then gets out and put the parking permit on?

So there are a number of approaches to enter this. And I appreciate you for the opportunity to make these comments.

Thank you, Peter. Yeah. Okay. Thank you. Is that Maurice? That's Peter Fritz. Peter. Okay. Thank you for your testimony as well. Appreciate it. Is there anyone else wishes to speak to SB2850? Okay. Hearing. None. Let's proceed then with the next measure. And this is SB 2851. And this is relating to deaf individuals.

It authorizes deaf motive vehicle owners to register their vehicle as being owned by a deaf individual so that a deafness designation appears when a law enforcement officer accesses the motor vehicle information. First up, Department of Consumer Customer Services since testifying with comments. And this comes from the city and county. How about you? Disability Rights Center?