House Standing Committee on Labor

Morning, everyone. Welcome back from a three day weekend. It is Tuesday, February 17th, 2026. It's 9:00am. We're in Conference Room 309. We have a long agenda today, so I will ask testifiers to please restrict yourself to the two minute timeline for testimony. I will let you know when your time is up. First we have HB 1509, relating to workers compensation. First to testify on this measure, we have Director Jade Butay from DLIR with comments.

Good morning, Chair, Vice Chair. JoAnn Vidinhar representing the department. We stand in support on the intention of the bill and request will be respectfully request amendments. I'm available for questions. Thank you for the opportunity to testify.

Thank you. Next we have Director Brenna Hashimoto from DHRD with comments.

Good morning, Chair, Vice Chair. DHRD offered comments on this measure and also alternate language. We'll stand on our written testimony regarding the other issues. And I'm available for any questions.

Thank you. Next we have UPW in support.

Aloha, Chair, Vice Chair. Kamakana Kaimuloa, United Public Workers. You have our written testimony in strong support. UPW is one of the few if not only public sector unions that actually has work comp program for the benefit of our members. However, I am not a subject matter expert, but would be happy to answer any questions. Thank you.

Thank you. Next, on Zoom we have Scott Miscovich from the Premier Medical Group Hawaii in support. Mr. Miscovich, are you there? Okay, we'll come back to you if you're having technical difficulties. Next we have Cathy Wilson from Aloha Billing Company in support in person.

Hello? Can you hear me, Mr. Chairman?

Yes, hold on. Thank you for your testimony, Cathy. Mr. Miscovich, please go ahead. Okay. I think we're still having technical difficulties. Just a delay.

Thank you. Thank you, Mr. Chairman. I wanted to thank first Representative Scot Matayoshi for his leadership in putting a committee together that represented... Thank you.

Did he just log off? Okay, we'll come back to you if we have time. Any other persons here to testify on this measure? Seeing none. Members, we do have written testimony with comments from Kohala Coast Resort Association. Support from University of Hawaii Professional Assembly. Opposition from Society of Human Resources Management Hawaii Chapter.

Comments from American Property Casualty Insurance Association. Support from Premier Medical Group Hawaii. Support from Work Injury and Medical Association of Hawaii. Support from an individual, and comments from an individual. Members, any questions? Mr. Miscovich, are you there still? Okay, see. Moving on to the next measure in the agenda then. HB 1514, relating to workers compensation.

First to testify we have Director Vidinhar from DLIR in support.

Again, Joann Vidinhar representing the department and we have supported the intent of the bill and request amendments. Thank you for the opportunity to testify.

Thank you. Next, we have Dr. Hashimoto from DHRD in support.

DHRD will stand on its written testimony.

Thank you. Next, we have Nancy Monden, individual in opposition on Zoom. Ms. Monden, are you there? Okay, we'll return to you if we have time on this agenda. Are there any other persons here to testify on this measure, 1514? Facing none.

We do have written testimony in support from Hawaii Insurers Council, opposition from International Association of Rehabilitation Professionals Hawaii Chapter, support from UHPA, opposition from Hawaii Rehabilitation Counseling Association, support from HMA, support from Work Injury Medical Association of Hawaii, comments from American Property Casualty Insurance Association, and seven individuals in opposition and one individual in support.

Any questions? Seeing none, we'll be moving on to HB 1515. This is relating to workers compensation. First to testify we have Director Butay from DLIR in support.

Good morning, again. Joann Vidinhar. The director stands on his testimony in strong support of this measure. Thank you.

Thank you. Next, we have Dr. Hashimoto from DHRD, in support.

DHRD will stand on its written testimony in support.

Thank you. Any other persons here to testify on this measure? Seeing none. Members, we do have written testimony in support from Hawaii Insurance Council, the Hawaii Medical Association, American Property Casualty Insurance Association, Aloha Billing Company, Workers Injuries and Medical Association of Hawaii, and an individual all in support.

Any questions on this measure? Seeing none. We'll be moving on to HB 1648, relating to Workers Compensation. First we have Director Butay from DLIR with comments.

Good morning. JoAnn Vidinhar again from the department. We appreciate the intent of the measure to address excessive charges for non-prescription and over the counter drugs. At the same time, a blanket prohibition may unintentionally restrict medically appropriate care. So the department respectfully requests amendments to ensure both cost integrity and appropriate care for the injured worker. Thank you for the opportunity to testify.

Thank you. Next we have Director Hashimoto from DHRD with comments. Thank you. Next we have Kris Kadzielawa from Solera Integrated Medical Solutions in opposition.

Thank you, Chair and Vice Chair. We're in opposition to this bill because we believe it runs contrary to HRS 4453-1, which licenses physicians and gives them, you know, certain rights. In addition, I think it also conflicts with 38621. Basically, this bill would limit what physicians can prescribe and, you know, specifically with OTC non-ledger drugs. These should all be available to the injured worker.

Thank you. Next we have Scott Miscovich, Premier Medical Group Hawaii, in opposition on Zoom. Okay. Next we have Cathy Wilson from Aloha Billing Company with comments.

Hi, Chair. I'm Cathy Wilson. I'd like to stand on my testimony in support of the intent with amendments. Thank you.

Thank you. Okay. Any other persons here to testify on this measure? Seeing none. We have written testimony in support from the Hawaii Insurers Council. American Property Casualty Insurance Association in support with amendments. And Work Injury Medical Association of Hawaii, support with amendments as well. Any questions on this measure? Okay. Seeing none.

Seeing none, we'll be moving on to HB 2164, relating to Workers' Compensation. First, we have Director Butay from DLIR with comments.

Joann Vidinhar, standing in support of the measure, providing amendments. Thank you for the opportunity to testify.

Thank you. Next, we have Director Hashimoto from DHRD, in opposition.

DHRD will stand on its written testimony in opposition and offer amendments-- or sorry, amendments. Thank you.

Thank you. We have Kris Kadzielawa from Solera Integrated Medical Association, in opposition.

Thank you, Chair Sayama. Yeah, we're in opposition to this bill because it restricts the definition of compound drug and inadvertently leaves out a couple of sources where compounded drugs come from. We think that 503A facilities are already included in the definition.

However, I think you should explicitly add to the definition of compounding 503A facilities as well as 503B facilities which compound in bulk, not just, you know, individually. They make them in bulk.

So my testimony contains some proposed amendments, and that would be to limit physician dispensing to first 30 days post-injury and also to require pre-approval for any kind of compounds. Compounds should be used as an exception and they have become the rule. Thank you very much.

Thank you. Next, we have Cathy Wilson from Aloha Billing Company, in support.

Hi. My name is Cathy Wilson. I'd like to stand on our testimony in strong support, and I'm available for any questions.

Thank you. Next, we have Scott Miscovich, Premier Medical Group Hawaii, in opposition on Zoom. Not present. Next, we have Matt Matsunaga, individual in support.

Good morning, Mr. Chair, Mr. Vice Chair. I'm Matt Matsunaga, and back in 2014, we revised the reimbursement statute 386.1.7, and I assisted in drafting that measure, but since then, things have changed and this statute needs updating.

And I believe this measure as currently drafted fixes some of the uncertainty and ambiguities because of the new types of compounded drugs that have been manufactured since that date when the statute was codified, but please don't allow poison pill amendments to affect the very intent of this measure. That is to clarify the reimbursement for certain types of compounded prescription drugs.

You don't need the--for example--you don't need the 503B swept up in that definition because some 503Bs, they have their own average wholesale price and NDC. So their reimbursement price is already stated in med bulk. And I'm happy to answer any questions with respect to the statute. Thank you.

Thank you. Any other person who wishes to testify on this measure? Seeing none. We do have written testimony in support from Hawaii Insurance Council, Work Injury Medical Association of Hawaii, Hawaii Injured Workers Association, Hawaii Injury Recovery Center, Happy Plaque Medical Billing, Hawaii Injury Recovery Center, Marshall Ford Jr. LLC, and two individuals in support. Members, any questions on this measure?

Seeing none. We'll be moving on to HB 2323, relating to workers compensation. First to testify, we have Director Butay from DLIR in support.

JoAnn Vidinhar standing in strong support of the Governor's package with the department. Thank you for the opportunity to testify.

Thank you. Next we have Director Hashimoto from DHRD in support. Thank you. Any other persons here to testify on this measure? Seeing none. Members, we have written testimony in support from Hawaii Insurers Council, UHPA, Hawaii Medical Association, American Property Casualty Insurance Association, Aloha Billing Company, Work Injury Medical Association of Hawaii, all in support. Members, any questions? Seeing none. We'll be moving to HB 1825, HD 1, relating to Hawaii Teacher Standards Board.

First to testify on this measure we have Director Arikawa-Cross from the Executive Office on Early Learning in support. Thank you. Next we have Superintendent Hayashi from the Hawaii State Department of Education in support.

Good morning, Chair, Vice Chair, Members of the Committee. I'm Tammi Chun, Deputy Superintendent. The Department of Education supports this bill. In our testimony, we pointed out some areas where we're requesting amendments. And they are related to subsection B, primarily around the "shall" to "may" language.

Making sure that it continues to be a "may" because this is an option for the department to hire emergency hire teachers. So the "may" is more appropriate. And then the other is to remove the requirement for rules. This is already a program that exists. We're just changing... The bill would change the number of years of eligibility. Thank you.

Okay, thank you. Next we have Mitzie Higa from the Hawaii Teacher Standards Board in opposition.

Thank you, Chair. Speaking on behalf... Mitzie Higa, Licensing Specialists. Speaking on behalf of the Hawaiian Teacher Standards Board. We just want to point out that our testimony, we're in opposition. That the emergency hire permit was created to be the exception, not the norm.

Its three years was intentional to make sure that those who pursued emergency hires did pursue a state approved teacher education program within that time, which is possible because as an emergency hire permit they have to have a bachelor's. So it would be either a master's or a post bacc, which can take that time.

And there's already something in place that they, if there are extenuating circumstances, through the Hawaii Administrative Rules, they're allowed to suspend the rules and grant the individual a fourth emergency hire permit if they meet the criteria.

But also we're very concerned. A lot of emergency hire permit people are in special ed positions or elementary, which is the highest number right now. So someone could be, I don't know, fashion design, which we've had a few and they're teaching elementary.

This is a critical time for children to learn reading, writing, arithmetic, and be able to differentiate the learning for them. So we're very concerned about all of this. So anyway, there is a method already in place if there are extenuating circumstances that they can. Thank you.

Thank you. Next, we have Osa Tui, President for HSTA, in support.

Aloha, Chair and Vice Chair. Sarah Milianta-Laffin on behalf of Osa Tui and HSTA. We do support this measure. And I have a few more stories that you might not have seen in testimony. We have teachers, excellent teachers at our school who are still struggling to get their licensure who have been on this emergency hire program.

Myself, I was an emergency hire in computer science with 11 years experience because there was issues with my paperwork from to time time Texas, and my license wasn't automatically given. So I can see people frustrating this program. I also will say we've had some teachers share things.

Like maybe you've had a baby in the middle of your program so you won't be able to finish your program on time. So a little extra time to get licensure would be supportive. Also, especially for Hawaiian immersion positions, teachers have struggled more to get their licensure program finished in that and have less access. So we support this measure and ask you to as well. Thank you.

Thank you. Any other persons here to testify on this measure? Seeing none. Members, we have written testimony in support from the Teachers Lounge as well as Maui Roots Reborn and 21 individuals also in support. Members, any questions? Seeing none. We'll be moving on to HB 2172, relating to employment retirement.

First to testify, we have Jenny Nakamoto, Deputy Attorney General from the AG's Office, with comments.

Good morning, Chair, Vice Chair, Members of the Committee. Jenny Nakamoto, Deputy Attorney General. We did, our department did submit comments. Just very briefly, two recommendations to delete the two new sections, 302A H and J. Also to add in perspective language to the definition of employee beneficiary. Also that same type of language to the HRS Chapter 88 in itself. And also to add a new section. I'm available for questions. Thank you.

Thank you. Next we have Superintendent Hayashi from the DOE with comments.

Good morning, Chair, Vice Chair, Members of the Committee. Tammi Chun, Deputy Superintendent. The Department of Education provides comments on the bill. We support the intent of the bill, but have concerns about some of the details of how it would be implemented, including the way that it's currently drafted regarding annual certification requirements potentially have separate salary schedules, for example. So happy to continue working with the Legislature on this matter. Thank you.

Thank you. Next we have Kalbert Young, Executive Director for the ERS, comments.

Morning, Chair, Members. The ERS doesn't have a position on this bill, but we are offering comments. Specifically recommending there could be potential, or you should consider amendments on line 20 of page 27 to start, just to make it consistent with the other language that's already in existing statutes. Thank you.

Thank you. Next we have Osa Tui, President for HSTA, support.

Hello, Chair. We'll stand on written testimony. Here for questions.

Thank you. Next we have Randy Perreira, Executive Director for HGEA, with comments.

Good morning, Chair, Vice Chair, Members. Nui Sabas, HGEA. We'll stand on our comments. We just want to request for some clarification to paragraph J to provide that, if there is a new salary schedule, that salary schedule be negotiated for to a date. Thank you.

Thank you. Any other persons here to testify on this measure? Okay. Seeing none. Members, we do have an individual in support. Any questions on this measure? Seeing none. We'll be moving on to HB 1888. This is relating to the safety of educational workers.

First to testify, we have Ann Horiuchi, Deputy Attorney General from the AG's Office, for comments.

Good morning, Chair Sayama, Vice Chair Lee, Members. Ann Horiuchi from the Attorney General's Office. To summarize our testimony, there's a few items. One, the reference to incidents of harassment involving a potential threat of physical harm to avoid ambiguity and ensure consistency with section 711-1106, we've recommended a clarifying revision to the Bill.

Also, with regard to the assistance with legal actions by the DOE's or the Charter School Commission's legal advocate, to avoid confusion regarding whether the advocate position constitutes the practice of law, our Department recommends removing the word "legal" from the term "legal advocate" and we suggest inserting a new section to the Bill to amend HRS 605-14.

That's regarding the unauthorized practice of law. Also, the breadth of the term "legal actions," that could be interpreted broadly to include representation in civil litigation or other proceedings beyond TRO assistance. So, to clarify the scope and align with the recommendations suggested above in our testimony, we've provided another clarifying amendment to the Bill.

And finally, we noted that the source of harassment isn't specified in the Bill. So, as written, it could apply to a source of harassment coming from within the Department. If this is not the legislature's intent, then we recommend clarifying the source of harassment. Thank you. I'll be available for questions.

Thank you. Next, we have Martha Guinen, Chair for the Special Education Advisory Council, in opposition, on zoom.

Good morning, Chair, Vice Chair, and Committee Members. I'm Susan Rocco. I am staff to the Special Education Advisory Council, and I would like to clarify that we are not opposed to the original language of this Bill.

We believe that educational workers are entitled to a safe work environment and that the Department has obligations to provide that safe environment.

What we are strongly opposed to are the amendments that were added after the Bill was heard in House Education Committee, and they refer specifically to adding, as a form of harassment, disrupting or interfering with the Administration or functions of any school, school administration office, or school board.

We find this language loosely defined, and also, we strongly believe it does not rise to the level of a misdemeanor, which could include almost a year in jail and a $2,000 fine. Special education families are entitled by IDEA to advocate for their children, and sometimes, the situation is heated, but we don't believe in families harassing the Department.

But we don't believe that arguments rise to this level of punishment. Thank you.

Thank you. Next, we have Superintendent Hayashi from the DOE, in support.

Aloha, Chair, Vice Chair, Members of the Committee. Sean Tajima, Assistant Superintendent, Campus Operations, in support, testifying on behalf of the Department of Education. The department stands on our written testimony in support of this measure. We stand by for questions. Thank you.

Thank you. Next we have Llasmin Chaine, Executive Director for the Hawaii State Commission on the Status of Women, in support on Zoom.

Good morning, Members of the Committee. Llasmin Chaine, Commission on the Status of Women. We stand on our written testimony in support of this measure. Thank you.

Thank you. Next, we have UPW in support. Thank you. Next we have Osa Tui, President for HSTA, in support.

We'll stand on our written testimony. Here for questions.

Thank you. Next we have Randy Perreira, Executive Director for HGEA, in support. Thank you. Next we have Inger Stonehill, individual in support on Zoom.

Yes. Hi. Can everybody see me? I'm sitting in my car. Hi. Okay. Thank you. Good morning, Chair and Members. So I stand before you today in strong support of this bill. I wanted to say across our state and across our country, workplaces have policies that protect employees from harassment by the public. Hospital document...

Hospitals document and address threats against healthcare workers. Police and fire departments have clear reporting systems. The Post Office, the DMV, the state executive branch, DHRD, the University of Hawaii, and even airlines all have procedures when a member of the public crosses the line from advocacy into harassment.

Our Department of Education as of now addresses workplace disruption under SOP0201 as it relates to interrupting work performance. But what we are discussing today goes far beyond interruption. So let me ask, is it okay to physically assault a teacher? Is it okay to threaten a teacher by saying, I know where you live? Is it okay to use gestures or words suggesting harm?

Is it okay to drive by an educator's home at 1am? Is it okay to knock on their door at 3am and create fear? Is it okay to tell teachers you know where they get their coffee every morning? And is it okay to challenge them to meet outside and handle it? These are not hypotheticals. These are real experiences shared by teachers, administrators, and educational workers in our communities.

And these were shared to me. So I do believe parents and community members are absolutely stakeholders. And advocacy for students is important and welcome. But advocacy does not include intimidation, does not include threats, and it does not include harassment that follows an educator home.

Now, I just wanted to say I looked up other states have been trying to address this issue, from Kentucky, New York, South Carolina, and they all have much of what we have in this bill. Except, yes, in this bill we have asked for misdemeanor.

If you could please wrap up testimony.

Okay, so it's just that, you know, this is a, not just a Hawaii problem. It's a state, it's a country problem. And we just want it to be with clear guidelines, data reporting, and misdemeanor to try to deter community members or parents from going too far. So I urge you to support this bill. Thank you.

Thank you. Next we have Lindsay Chambers, individual in support on Zoom as well.

Good morning, Chair Sayama, Vice Chair Lee, and Members of the Committee. I stand on my written testimony, but would like to provide additional comments. I want to respond to concerns that HB 1888 is impulsive, unnecessary, and harmful to parent advocacy. This is not hasty legislation. This issue has been before this body for years.

Educational workers have consistently come forward to describe threats, stalking, and assaults connected to their employment. Progress has followed sustained pressure and documented incidents, not impulse. Nothing in HB 1888 limits a parent's right to advocate for their child. Nothing in this bill overrides the Individuals with Disabilities Education Act.

It does not criminalize disagreement, mediation, due process complaints, or participation in IEP meetings. The bill addresses harassment. There is a very clear distinction between advocacy and harassment. Advocacy is protected. Threats, intimidation, stalking behavior, and conduct that disrupts school operations and places employees in fear are not protected speech.

In most documented cases, the conduct at issue has not involved a single emotional moment. There are individuals who have engaged in repeated patterns of harassment over many years, resulting in multiple TROs followed by DOE employees.

When opposition testimony is framed broadly as protecting parents, it can unintentionally shield the repeat perpetrators whose behavior goes far beyond advocacy and has terrorized our educational workers, including myself and my family. Parent partnerships are essential. I'm a parent of a middle schooler. I understand. But so is safety.

And as a parent, I would not want my child's educator threatened, harassed, or assaulted in front of her, which has happened to victims both in person and virtual settings. We can protect the rights of families while also establishing firm boundaries against harassment. These goals are not mutually exclusive. I respectfully urge the committee to move HB 1888 forward. Thank you for the opportunity to testify.

Thank you so much. Are there any other persons here to testify on this measure? Seeing none. Members, we do have written testimony in support from 10 individuals and opposition from one individual. Members, any questions? I do have a question for AG.

So I just wanted to clarify that this measure, at least in its amended form, adds an additional provision or definition to harassment, which is disrupts or interferes with the administration functions of any school, school administrative office, school board. Can you maybe explain, you know, maybe some of the other activities, behaviors that would qualify for harassment?

I mean, under the new...

Or just under existing statute. Right. Because there are some, right. I think we were hearing some testimony with concerns about assault, about repeated unsolicited communications, threats. Is that all covered under current statute as harassment?

I will admit I'm from the Education Division, so the criminal statutes are not in my wheelhouse. So I would say that I think some of the conduct you just mentioned that does sound like the type of conduct that is already caught up within the current definition of harassment in 711-1106. I heard the testimony about the concern regarding the new subsection G.

What I can do is go back and take a look at it to see if maybe that language should be looked at closer. If it might capture some of the advocacy type of activities, that there's concern that's being caught up and not that goes that's been caught up as harassment and it shouldn't be. But as I stand here today, I'm not sure what to, how to characterize if there's any concern with the language as it's been added to the bill.

Thank you. Maybe for Department of Education. So following up on that line of questioning, is the department concerned with that additional definition for harassment, disrupts or interferes? Sounds kind of broad. Does the department, is it okay with that language or?

We support that language. It is broad, and it will be subjective, but we do support that language.

Okay. Because, right, to me, that disrupting school, any school function or a classroom, that could be a student being disruptive. That, I wouldn't categorize as harassment by any stretch of...

Correct. I think it's a matter of a threshold and a matter of if there were reminders to discontinue a certain conduct. I don't think as a department we filed for harassment with... Depending on the severity of the behavior, I think we have a pretty high threshold, as we've demonstrated throughout the years. And I think this allows us to basically address those issues when it's very repetitive and increasing in severity.

Okay. I just want to note that repeated communication after being advised the communication is unwarranted and unsolicited is already included in harassment. So I'm not, I still question whether this additional definition to harassment is necessary. Sorry, did you have questions for AG's Office? Oh, sorry. Representative Reyes Oda. Okay. Any questions for DOE? If not, thank you. AG's Office. Representative Reyes Oda.

Thank you. I'm looking at the language that was inserted in the Education Committee. It was the one that talked about disruption or interference with schools, school administration office, and the school board. Do you happen to know if there's any other board in the state or city that has a specific harassment clause carved out for them?

I am not aware. I can find, go back to my office and find out if there's any other board.

Okay. Would you, specifically, just for adding the school board, do you have any opinions on adding them to this bill too? Do you have any opinions on adding them versus just having the school and the school office? Like strictly a local school issue. Should, do you, does the AG's Office think it should also include the school board?

I can't speak on behalf of the office. I will find out if there is a concern or any position at all about adding the Board of Education or having them included in this language.

Members, any further questions? Seeing none. We'll be moving on to HB 2005 related to language access. First to testify, we have Director Butai from DLIR, in support. Moving on to Deborah Halbert for University of Hawaii Systems, in support.

Good morning. Chair Sayama, Vice Chair Lee, Representative Reyes Oda. Alan Rosenfeld, Associate Vice President for Academic Programs and Policy, here for Vice President Halbert. UH stands on its written testimony in support of the measure and I'm happy to answer any questions. Mahalo.

Thank you. Next, we have May Mizuno, Executive Director for Office of Language Access, in support on Zoom.

Chair Sayama, Vice Chair Lee, Members of the Committee. Good morning and...My name is May Mizuno, Executive Director of the Office of Language Access. OLA stands on our testimony in strong support and we'll be available to answer any questions. Mahalo.

Thank you. Next, we have Llasmin Chaine, Executive Director for the Hawaii State Commission of the Status of Women, in support on Zoom.

Morning, members. Llasmin Chaine, Commission on the Status of Women. We stand on our written testimony in strong support of this measure. Thank you so much for having this hearing and giving this opportunity.

Thank you. Next, we have Amy Agbayani, President for the Legal Clinic Hawaii, in support on zoom.

Aloha. Thank you very much, Chair and members, for hearing this Bill. I stand in strong support. It's a very, very important and very beneficial Bill. Thank you very much.

Thank you. Next, we have Paula Gina, External Affairs VP for Law Care, in support on Zoom. Not present. Any other persons who wish to testify on this measure? Okay. Seeing none.

Members, we do have written testimony in support from the Hawaii State Health Planning Development Agency, Waipahu Safe Haven Immigrant/Migrant Center, Legal Clinic, Pacific Gateway Center, Hawaii Coalition for Immigrant Rights...Reborn, and 12 individuals in support. Members, any questions? Seeing none, we'll be moving on to HB 1872, relating to an early learning apprenticeship grant program.

First to testify on this measure we have Nathan Murata, Dean for the College of Education, University of Hawaii Systems, with comments.

Hi. Good morning, Chair, Vice Chair, Members. Nathan Murata, Dean, College of Education, UH Manoa. We stand in—stand by our position offering comments. Thank you.

Thank you. Next, we have Yuko Arikawa-Cross, Director for Executive Office on Early Learning, in support. Thank you. Next, we have Llasmin Chaine, Executive Director for the Hawaii State Commission on the Status of Women, in support on zoom.

Good morning, again, Committee Members. Llasmin Chaine, Commission on the Status of Women. We stand on our written testimony in support of this measure. Thank you very much.

Thank you. Next, we have Ed Noah, Executive Director for the Hawaii State Public Charter School Commission, in support.

Hello, Chair, Vice Chair, Members of the. Committee. Deanne Goya, Early Learning Program Director, on behalf of Ed Noel, State Public Charter School Commission. We stand in strong support of this measure.

Oh, thank you. Okay, next we have Anton Cruyke, Director for Department of Community Services, City and County of Honolulu, in support.

...on behalf of Director Cruyke, we stand on our written testimony. Happy to answer any questions.

Thank you. Next, we have Commit to Keiki, in support. Thank you. Next, we have Early Childhood Action Strategy in support. Next, we have Sherry Menor, President and CEO for Chamber of Commerce Hawaii, in support.

Good morning. We'll stand on our written testimony in support.

Thank you. Next, we have Hawaii Children Action Network Speaks, in support.

Aloha, Chair Sayama, Vice Chair Lee, Representative Oda. Thank you for hearing this Bill. My name is Malia Cuchillo. I am representing Hawaii Children's Action Network Speaks in strong support of this Bill.

I would like to humbly offer a few more comments because I was a preschool teacher, child care provider, for about 20 years, and that pathway was very segmented and very challenging.

And if I had had this program when I was going through teaching and getting my degree, it would have made such a big difference for myself and my family. This program offers mentoring and coaching as well as financial supports. It allows teachers to gain credits through competencies by doing on the job learning.

And it also provides a living wage, which is a requirement within this program. So, I humbly ask that you pass this Bill because we need more teachers. Our childcare workforce is the workforce behind the workforce and parents need to go to work, working families need our support.

But in order to do that, we need teachers and our teachers need supportive linear pathways which this grant program provides. So, again, we humbly ask, on behalf of Hawaii Children's Action Network Speaks, to please pass HB 1872, HD 1.

Thank you. Any other persons here to testify this measure? Seeing none. Members, we do have written testimony in support from the Hawaii State Board of Education, Department of Human Services, Hawaii State Early Learning Board, Excellence and Equity Project UH Manoa College of Education...collaborative, parents and children together.

AUW...Hawaii Association of Independent Schools, YMCA of Honolulu, Kapolei Chamber of Commerce, and 10 individuals in support. Members, any questions? Okay. Seeing none. We'll be moving on to HB 2416 relating to Maritime Youth Apprenticeship Pathways Program. First to testify on this measure we have Willie Hokoana, Interim VP Community Colleges for University of Hawaii Systems, with comments.

Aloha, Kakou. This is Kahele Dukelo testifying on behalf of Willie Hokoana for the...system. We stand on our test testimony that offers—outlining some of the challenges and a few amendments to the Bill. Mahalo.

Thank you. Next, we have William Anson, Managing Partner Principal for the Maritime Group, in support on Zoom. Moving on, we have Tina Yamaki, Managing Director for the Hawaii Transportation Association, in support on Zoom. Okay. Next, we have Sherry Menor, President and CEO for Chamber of Commerce. Thank you.

Any other persons here to testify on this measure? Seeing none. Members, we have written testimony in support from the Hawaii Harbors Users Group, Kapolei Chamber of Commerce, also in support. Members, any questions on this measure? Seeing none. We have, next, HB 2291 relating to Hawaii National Guard.

First to testify, we have Major General Stephen Logan, Director for HYMA from the Hawaii State Department of Defense in support. Good morning.

Chair Sayama, Vice Chair Lee and Members of Committee Brigadier General retired Neosi for General Logan. The Department stands on its testimony and support and prepare to answer any questions he may have.

Thank you. Any other persons here to testify on this measure? Seeing none Members, any questions? Seeing none. We'll be moving on to HB 2292 relating to Hawaii Emergency Management Agency. First to testify on this measure we have. Excuse me. James Barros, Administrator for Hawaii Emergency Management Agency and support.

Good morning Chair, Vice Chair, Members of the Committee on behalf of the administrator, I'm Jordan with HEMA. We stand on our written testimony in strong support of this Bill. I'll be standing by for questions.

Thank you. Next we have Major General Stephen Logan, Director for Haima from the DOT in support.

Good morning again, Chair, Vice Chair, Members of the Committee, Brigadier General Neal Mitsuyoshi. The Department stands on its testimony and support and I just like to highlight that. We really appreciate the work that HGA has been willing to do with our Department to make some amendments.

And hopefully those amendments that came out of PBS are amenable to your Committee and we can move this Bill forward. Thank you.

Thank you. Next we have Randy Perez, Executive Director for HGA, with comments.

Hello, Chair, Vice Chair, Member Nui Sebast for HGEA. We'll send out our comments with amendments. We're happy to answer any questions. Thank you.

Thank you. Any other persons here to testify this measure? Seeing none. Members, any questions? I do have for HEMA. So I believe this Bill identifies a two special project positions within HEMA. And the ask is essentially to convert these two exempt positions with 30% being converted to civil service in five years.

So can you give some context? Where did these, what these 82 special projects project positions are and why is it necessary to maintain them?

So a lot of them are in operations or logistics. It's essentially so we can sustain our operations and retain the talent that we have in these temporary positions. With the uncertainty with FEMA in the future and the POTUS essentially putting more of the responsibility on the state for disaster and emergency response.

When did hiima gain these A2 temporary positions? I have to get back on that. That's been over the last, I'd say a year or so, maybe a couple of years.

So do you know what the intention was like when you received the 82? Was it for a specific disaster? Yes, sir.

So like for instance, Lahaina, a lot of these positions were federally funded and we had to create them to respond to multiple disasters. And therefore we were asking that we can retain these for a permanent exempt position.

All right. Is the funding, will the funding continue to come from the federal side or that be picked up by the state at this time?

It's continued to be provided by the Fed, but at some point, I imagine that in the future we will have to come back to Legislature for some months.

Okay, thank you. Members, any further questions? Seeing none, we'll be moving on to HB2263 relating to military families. First, to testify on this measure, we have Kelli May Douglas from the Pacific Southwest liaison from the U.S. Department of Defense in support on Zoom.

Good morning, Chair. Vice Chair. My name is Kelli May Douglas with the US Defense State Liaison Office. We stand on our written testimony in support of the provisions reflected within HB2263 HD1, which aims to expand Hawaii's family leave law to include qualifying military exigencies. Thank you for your consideration.

Thank you. Next we have Dr. Butay from DLIR in support.

Good morning, Chair, Vice Chair and Representative Cheryl Lee on behalf of Director Butay for the Department of Labor Industrial Relations, we stand on our to your testimony and support. I will be here for any questions. Thank you.

Next we have Lauren Calster Moore, Executive Director for Military and Community Relations Office for DBEDT in support.

Good morning. Thank you. Chair, Vice Chair, Members of the Committee, Laurie Moore, Executive Director for MCRO. We stand on our written testimony and I just want to highlight that this aligned state law with established federal standards provides clarity for our employees, great employers and consistency for our employees. Thanks for the opportunity.

Thank you. Next we have Brigadier General Walter Ross Jr. Director of the Joint Staff from the Hawaii National Guard, Hawaii DOD in support.

Aloha Chair. Vice Chair. Rep Oda. I am Brigadier General Ross, Director of Joint Staff for Hawaii National Guard. Stand in support of this measure. Here for any questions you may have. Thank you.

Any other person here to testify on this measure? Seeing none. Members, any questions? Okay. Seeing none. We'll be moving on to HB 2359. This is relating to retirements. First to testify we have Diana Sumarna, Deputy Attorney General, AG's office, with comments. Apologies for that.

It's even better today. Good morning, Chair, Vice Chair, Representative, Deputy Attorney General Diana Sumarna. We submitted comments so that the Bill can be consistent with the existing statutes. We also know that there are a number of bills with regards to rehiring of retires. So we want to make sure that they're all consistent as well. Thank you. I'm available for your questions.

Thank you. Next we have Calvert, Calvert Young, Executive Director for ERS with comments.

Good morning, Chair. Mr. Vice Chair. Member. The ERS doesn't have a position on this Bill, but we have offered comments which do include recommendations for amendments starting on page 19 and page 20 just to mirror paragraphs that are already in existing statute as well as in other sections of this Bill for consistency. Thank you.

Thank you. Next we have. Oh, no, I'm sorry. Are there any other persons here to testify on this measure? Seeing none, we have one individual with written testimony in support. Members, any questions on this measure? Seeing none, we'll be moving on to HB 2358 relating to retirement testimony measure.

We have Will Kane, Senior Advisor for the Office of Governor, in support.

Hello, Chair. Vice Chair, Will Kane, Officer of the Governor. I stand our written testimony in support here for any questions. Mahalo.

Thank you. Next we have Kalbert Young, Executive Director for ERS in opposition.

Good morning, Mr. Chair. Mr. Vice Chair. Members. So the Board of Trustees for the Employee Retirement System has not reviewed or taken a position on this Bill. However, given what the measure proposed, ERS Administration strongly believes that the board would oppose this measure. So Administration is taking a position to respectfully oppose this measure.

The reason for the opposition is quite significant as this measure could pose a serious threat threat to the current tax qualified status for the employee Retirement System. Nullifying that tax qualified status would be fatal to the existing system employees, retirees and employers that participate in the pension system. Thank you.

Thank you. Any other persons here to testify on this measure? Seeing none. We do have individuals individual who has submitted written testimony and support Members. Any questions? I have a question for Will Kane from the Office of the Governor. So in your testimony, you had suggested to insert language related to DLE. Is that correct?

That's correct and I apologize I didn't mention that when I came up earlier yet. So we know the Bill does what it does right here and I think maybe the previous tests are referring to that one.

But we think we should also include amendments to include administrators and employee of the Department of Law enforcement as Class A Members of the ERS.

So trying to add definitions for and I won't go through every piece of our testimony here but add definitions for several positions within there and reclassifying some of these folks here as well as including the some of the investigator, chief investigator, special investigator in the enhanced retirement allowance provisions, and establish retirement benefit computations for the Director of DLE and the Deputy Director.

So I think what has been put out there previously from DLE and those folks is that right now with retirement benefits and the way these are structured, there's a disparity between the state DLE and the county.

And so what we're trying to do is kind of get there where we can be competitive so we, I don't know and I'll defer to the Director, I don't think he's here. But the pay may not be specific like you know, one to one.

So we may be a little off on that one and we'll continue to work on that. But the retirement benefits, if a law enforcement officer comes from the county and wants to join the dle, they may end up taking a significant hit on the retirement.

And I think that's going to preclude us from not only recruiting but retaining some of our officers and growing that workforce. So we offer these amendments for your consideration.

Thank you, Members. Any further questions? Seeing none, we'll be moving on to the next Bill, HB 2455, Employment Practices. First to testify, we have Superintendent Hayashi from the Hawaii State Department of Education in support.

Department stands on its written testimony in support.

Thank you. Next, we have Llasmin Chaine, Executive Director for the Hawaii State Commission on the Status of Women in support on Zoom.

Morning Committee Members, Llasmin Chaine, Commission on the Status of Women. We stand on our written testimony in support of this measure and appreciate the committee's support for victims of workplace violence. Thank you.

Thank you. Next, we have UPW in support. Thank you. Next we have also Osa Tui, President for HSTA in support.

Aloha Chair, Vice chair. We'll stand on our written testimony and available for questions.

Thank you. Any other persons here to testify on this measure? Seeing none. We do have written testimony and support from the Hawaii Woman lawyers, comments from Kupa, support from the Hawaii State Democratic Women's Caucus and two individuals in support with one individual with comments. Okay, Members, any questions on this measure? Facing none.

We'll be taking a short recess.

Reconvening this House Committee on Labor for decision making on this agenda. First, we have HB 1509 relating to workers compensation for this measure. We'll be passing it forward with amendments. Adopting DLIR suggested amendments to strike in addition to any other applicable fees. End quote on page two, lines two to three.

Adopting DLIR suggested amendments to add a new subsection D to provide DLIR with discretion to determine if the employer has good cause for delaying decision of the treatment plan. Also add language to clarify subsection D. An employer shall transmit its approval or denial by mail, mail or secure electronic means.

We'll incorporate language from Section 2 of HB 2323 into this measure, adding technical amendments needed for clarity, consistency and style. Adding a defective date of July 1, 3000. Members, any questions? Seeing none. We'll vote on this. Vice Chair for the vote.

Thank you. Chair voting on House Bill 1509. Recommendation is to pass with amendments. Chair and Vice chair vote I. Representative Garrett. Aye. Representative Capella. Aye. Representative Kong, Aye. Representative Rezona, Aye. Thank you, Chair. Recognition adopted.

Thank you. Moving on to HB 1514. This is relating to workers compensation as well. We'll adopt DLIR's suggested amendments for page four, lines 18. Inserting the language, quote or after the employee self refers, end quote.

We'll strike the sentences from page five, lines three to five, beginning with quote, the injured employee, end quote, and ending with I'm sorry. We'll strike the sentences from page five, lines three to five, beginning with the words the injured employee and ending with rehabilitation services. We'll clarify.

It will be the Director, not the employer, that will be selecting the certified provider for rehab services. Will insert language from Section 3 of HB 2323, to replace language on page 11, lines 2 of HB 1514. We'll make technical amendments needed for clarity, consistency and style and add a defective date of July 1, 3000, Members, any questions? Seeing none. Vice Chair for the vote.

[Roll Call]

Chair recommendations has been adopted.

Thank you. Next, for HB 1550 relating to workers compensation, we'll just be adding a protection dated July 1, 3000. Members, any questions or comments? Seeing none. Vice Chair for the vote. Sorry. With this amendment.

Voting on House Bill 1515 recommendations passed with amendments. Any no votes? Reservations? Recommendation has been adopted.

Thank you. Next, we have HB 1648 relating to workers compensation. We'll be adopting DHRD suggested amendments to page two, lines one and two, deleting the word prescribe for prescribe or and add Quote or any non FDA approved drugs that have not undergone the FDA's formal review for safety, effectiveness or quality. End quote.

We'll also be adding a defective date of July 1st, 3000. Members, any comments? Seeing none. Vice Chair for the vote.

Thank you. Chair voting on House Bill 1648, recommendations to pass with amendments. Any no votes? Reservations? Recommendation has been adopted.

Thank you. Moving on to HB 2164 relating to workers compensation. We'll be passing this with amendments deleting the phrase or a licensed physician from page two, line 15, adding technical amendments needed for clarity, consistency and style and defecting the date of July 1st, 3000 Members. Any comments? Seeing none. Vice Chair for the vote.

Thank you, Chair, voting on House Bill 2164, recommendation is to pass with amendments. No votes? Reservations? Recommendation has been adopted.

Thank you. Next we have HB 2323 relating to workers compensation law. We'll be passing this with amendments removing Section 2 as it will be incorporated into HB 1509. Remove section 3 because it will be incorporated into HB 1514 and we'll be fixing existing statutory language on page 5, line 3.

Making technical amendments needed for clarity, consistency and style adding a defective date of July 1st, 3000. Members, any comments? Seeing none. Vice Chair for the vote.

Thank you. Chair voting on House Bill 2323, recommendation is to pass with amendments. No votes? Reservations? Thank you Chair, recommendation has been adopted.

Thank you. Moving on to HB 1825 HD1 relating to Hawaii Teacher Standards Board. We'll be passing this measure forward with amendments adopting DOE suggested amendments to revert language to may from shall adopt DOE suggested amendments to strike language from page 5, lines 15 to 17.

Regarding adoption rules, we'll be adding technical amendments needed for clarity, consistency and style. Members, any comments? Seeing none. Vice Chair for the vote.

Thank you. Chair voting on House Bill 1825 HD1, recommendations to pass with amendments. Are there any no votes? Reservations? Thank you. Chair recommendation has been adopted.

Thank you. Next we have HB 2172 HD1 relating to employment retirement. We'll pass this measure with amendments adopting AG suggestive amendments to delete new the new section of HRS 302A-H on page 5, lines 14 to 17, and delete new sections 302A-J on page 6, lines 5 to 10.

We'll amend the definition of the employee beneficiary in Section 5 on page 25 lines 5 to 7 to read quote, Employee beneficiary does not include any retirement employed under Section 302-A during the retirement's employment under that section for employee beneficiaries hired after June 30, 2026. End quote.

We'll insert language beginning on page 28 lines, line one to read as quote. This act does not affect rights and duties that matured, penalties that were incurred and proceedings that were that begun before its effective date. End quote. Will adopt ERS suggested amendments on page 27.

Lines 22 mirror paragraphs 4 and 5, adding technical amendments needed for clarity, consistency and style. Members any comments? Seeing none. Vice Chair for the vote.

Thank you, Chair, voting on House Bill 2172 HD1 recommendations to pass with amendments. No votes? Reservations? Thank you, Chair recommendation has been adopted.

Thank you. Moving on to HD 1888 HD1 relating to safety of educational workers will be passing this measure with amendments. Adopting AG suggested amendments for page 6, lines 12 to 18 to avoid ambiguity and ensure consistency.

Will adopt AG-suggested amendments adding a new section of the Bill to amend HRS 605-14 and clarify an advocate employed by the DOE or Commission is not engaging in the unauthorized practice of law.

Also adopting AG amendments for page four, line six through 13 and on page seven, lines 14 to 21 to clarify the scope of legal action will be shared.

I you know, like I mentioned during the line of questioning, I do share the concerns brought forth by the testimony from the Special Education Advisory Council regarding the definition for harassment.

So it is with that rationale that I'm going to recommend striking subsection G from page line page 11, lines 4 to 6 that expands the definition of harassment to include disruption and interference with Administration or functions of any school.

I'll be adopting DOE-suggested amendments adding language to clarify that paid leave in section subsection C on page 2 may be satisfied through the use of accrued sick leave, vacation leave, admin leave, or any other paid leave authorized by the employer, and shall not require additional paid leave beyond existing leave benefits.

Also amend the Bill to include reference to charter schools where the DOE is mentioned to ensure consistency with the definition of educational workers, adding technical amendments needed for clarity, consistency and style.

And again, I just like to reiterate under the current definition of harassment under current HRS law, it does include some of all the behaviors that testifiers were concerned with regarding assault, abuse, harassment, verbal harassment. So I think that again, expanding the definition isn't necessary. So that's why again, I'll stick with these recommended recommendations. Members, any comments? Representative Reyes Oda.

I'm still concerned about adding school board to the list of protected areas and the only reason is because it would be the only state board or county board that has rules assigned to it and it may set the precedents for that. I prefer that the there be a law specifically addressing all boards.

Okay, thank you. I recognize that this is the building still, you know, going through the process. So hopefully the next Committee on JHA could take a look at that concern. Members, any further comments? Seeing none. Vice Chair for the vote.

Thank you, Chair. Voting on House Bill 1888 HD 1 recommendation is to pass with amendments. Are there any no votes? Reservations? Thank you, Chair recommendation has been adopted.

Thank you. Next, we have HB 2005 HD1 relating to language access. Recommendation is to pass this measure with amendments to make the Bill consistent with the intent to establish a permanent program. This Committee will qualify the language in Chapter 8, 304A in HRS, and make technical amendments needed for clarity, consistency, and style. Members, any comments? Seeing none. Vice Chair for the vote.

Thank you. Chair voting on House Bill 2005 HD 1 recommendation is to pass the amendments. No votes? Reservations? Thank you, Chair's recommendation has been adopted.

Thank you. Next we have HB 1872 HD1 relating to an early learning apprenticeship grant program. I will be passing this measure forward as is Members. Any comments? Seeing none. Vice Chair for the vote.

Thank you. Chair voting on HB 1872 HD1 recommendation is to pass as is. Any no votes? Reservations? Thank you, Chair's recommendation has been adopted.

Chair recommendations been adopted.

Thank you. Next we have HB 2416 HD1 relating to maritime Youth Apprenticeship Pathway Program. Recommendation is to pass this measure forward as is Members. Any comments? Seeing none. Vice Chair for the vote.

Thank you. Chair voting on House Bill 2416 HD1 recommendations to pass as is any no votes reservations thank you. Chair recommendations been adopted.

Thank you. Next we have HB 2291 HD1 relating to the Hawaii National Guard. Recommendation is to pass this measure forward as is. Members, any comments? Seeing none. Vice Chair for the vote.

Thank you. Chair voting on House Bill 2291 HD 1 recommendation is to pass as is. No votes? Reservations? Thank you, Chair's recommendation has been adopted.

Next, we have HB 2292 HD1 relating to the Hawaii Emergency Management Agency. Our recommendation is to pass this measure forward with amendments. We'll be adopting HGEA suggested amendments to include the phrase at least before the 30% language and include language to ensure that ensure an incumbent employee's position is protected.

We'll add language to clarify the 30% transition requirement applies specifically to the 82 special project positions identified in this Bill or amend language on page 20, line 7 to 9 to clarify the transition to civil service be completed by 07-01-2031 also noting technical amendments need for clarity, consistency and style.

I would also like to note that transitioning these A2 special project positions that were temporary to permanent positions is a little concerning and I would encourage HEMA and HGEA and other stakeholders to continue to work on this measure to make sure that is fully incorporated into civil service.

But with that, I'm going to move this forward with the noted amendments. Members, any comments? Seeing none. Vice Chair for the vote.

Thank you Chair, voting on House BIll 2292 HD 1 recommendation is to pass with amendments. Are there any No votes? Reservations? Thank you Chair, recommendation has been adopted.

Are there any no votes Reservations Thank you, Chair recommendations were adopted.

thank you. Moving on to HB2263HD1 relating to military families. Recommendation is to pass this measure forward as is Members Any comments? Seeing none Vice Chair for the vote.

Thank you Chair voting On House Bill 2263 HD one recommendation is to pass as is no votes Reservations thank you Chair recommendation has been adopted.

Thank you. Moving on to HB 2359 relating to retirements. Recommendation is to pass this with amendments. First striking subsection age on page 20 in line 16 to avoid conflicting with existing collective bargaining processes, we'll be adding AG suggested amendments on page 15, lines 15 through 17 to clarify the definition of employee beneficiary.

We'll adopt ERS amendments to make conforming amendments to page 19 line 17 to page 20 line 6 making technical amendments needed for clarity, consistency and style and adding the defective dated 7-1-3000. Members, any comments? Seeing none, Vice Chair for the vote.

Thank you, Chair. Voting on House Bill 2359 recommendation is to pass with amendments. No votes? Reservations? Thank you, Chair, recommendation has been adopted.

Thank you. Moving on to HB 2358 relating to retirement Members. I'd like to defer decision making on this measure to this week Thursday. That would be February 19, 2026 to the 9:30am hearing that we have posted. Just wanted to take into consideration the proposed amendments offered by the Office of Governor and concerns from the ERS Members, any comments?

Members, any comments? Seeing none, we'll be moving on to HB 2455 relating to employment practices. We'll be passing this measure forward with amendments adopting hoopa's suggestion to add language requiring the leave be satisfied through administrative leave, adding technical amendments needed for clarity, consistency and style, as well as adding an effective date of July 1st, 3000. Members, any comments? Seeing none, Vice Chair for the vote.

Thank you, Chair. Voting on House Bill 2455 recommendation is to pass with the amendments. Are there no votes? Reservations? Thank you, Chair, recommendation has been adopted.

Thank you, Members. This hearing is adjourned.