Senate Standing Committee on Public Safety and Military Affairs

Good afternoon. We are convening the Committee on Public Safety and Military Affairs in Conference Room 016, and we are covering a number of measures that we will be hopefully deciding on this afternoon since tomorrow is our deadline. We do want to note that this meeting is being streamed live on YouTube.

In the unlikely event that we have to end this hearing due to technical difficulties, the committee will reconvene to discuss any outstanding business at--let's see--at a time. This is tomorrow afternoon in Conference Room 016 at 3:00 p.m., and a public notice will be posted on the Legislature's website. Each testifier will have one minute to testify.

If you have already submitted written testimony, please limit your time to highlighting important facts or standing on your testimony. Members, we do have a sign language interpreter that will be joining us shortly. However, in the meantime, we do have video captions online.

The first bill on the agenda this afternoon is Senate Bill 3192, relating to healthcare--I'm sorry--emergency healthcare licensure waivers. And first up in testifying is Mike Nguyen for AlohaCare on Zoom.

Not present on Zoom, Chair.

Okay. Next we have--let's see--BJ Bartleson for Hawaii Organization of Nurse Leaders, also on Zoom.

Aloha, Chair Fukunaga. Can you hear me?

Yes, we can.

Oh. Okay, great. All right. Thank you very much and thanks for having me here today. My name is BJ Bartleson. I am a state and national nurse leader representing the Hawaii Organization of Nurse Leaders, as with other Hawaii organizations here consisting of nurses, Hawaii ANA in particular. I am also a Lahaina resident. During-- and I have full testimony with more facts and details at your disposal after my oral presentation here and can answer questions.

During the Lahaina wildfire response, Red Cross nurses reported delays in getting qualified out-of-state volunteer clinicians and our military in-state clinicians to Lahaina. This delayed medical and behavioral health response rapidly. SB 3192 closes a gap in our state statute by making emergency licensure automatic when the governor declares an emergency.

It modernizes our emergency statutes as 22 other states have already done. So, on behalf of Hawaii Organization of Nurse Leaders, the Hawaii Nurses Association, the Red Cross, and other healthcare partners, I respectfully ask that you pass-- you and the committee pass Senate Bill 3192.

Thank you. We have 13 testimonies that we have received in support of this measure, zero in opposition, and one comments that have been supported--I mean, submitted. Is there anyone else who would like to testify on Senate Bill 3192? If not, let's proceed to Senate Bill 2121. This is relating to emergency announcements.

It requires the governor or mayor of a county to provide an American Sign Language interpreter during each official announcement broadcast via television or the Internet during a state of emergency.

It also requires the governor or mayor of a county to ensure to the fullest extent possible that the American Sign Language interpreter's face, body, arms, and hands are visible during the broadcast. It also requires a news media outlet to display the American Sign Language interpreter in a picture window during broadcast of official emergency announcements. We have received supportive testimony for the Disability and Communications Access Board. Is someone from DCAB present? Please come forward. Welcome.

I'm deaf. My name is Kristine Pagano, and good afternoon, Chair Fukunaga and Vice Chair Lee and the committee members. To my right is Bryan Mick, who is the program and policy development coordinator.

Yes, hi. So the Americans with Disabilities Act requires public entities to provide effective communication, and it says that communications with individuals with disabilities must be as effective as communications with others.

So in an event of emergency, this is how we can achieve effective communication, and Bryan will provide a mock media announcement.

First one was going to be with no voice, so.

So you just experienced how people who are deaf or hard of hearing receive emergency announcements. The second announcement, where people can read the caption.

Hurricane Upana is currently 500 miles northeast of Honokaa and is expected to trigger strong showers in the mauka and makai areas of all islands. The rain has already caused the landslide on the Likelike Highway, so if you are heading over to town from Kaneohe or Kailua, DOT asks that you take an alternate route.

As you can see, the caption was not 100% effective. When deaf, our first language is ASL. The English and the captions are not effective and not in the language. Note that in our statute, HRF 1-13.7, American Sign Language is recognized as a language. In our third announcement-- oh, here we go. This is where the interpreter-- okay.

We'll do the announcement one more at a time, hopefully with the interpreter. Laura, are you able to hear me?

Yes, I can hear you.

Okay. Here we go. So once again, here's the announcement. Hurricane Upana is currently 500 miles northeast of Honokaa and is expected to trigger strong showers in the mauka and makai areas of all islands. This rain has already caused the landslide on the Likelike Highway, so if you are heading over to town from Kaneohe or Kailua, DOT asks that you take an alternate route.

The interpreter cannot see-- the interpreter can only see a table with people very far away but cannot see anybody to interpret.

So what just happened is that would be the PiP for the ASL interpreter on the TV for the deaf population to see. So you just now experienced 100% effective communication. Thank you.

Thank you. That was actually very helpful in terms of the different examples, so thank you very much for requesting the interpreter.

Hawaii addition for Khy.

Okay. Next, we also have Hawaii Association of Broadcasters, Chris Leonard or his representative.

Aloha, Chair Fukunaga and Vice Chair Lee. My name is Chris Leonard. I'm the president of the Hawaii Association of Broadcasters, representing more than 100 free, over-the-air television radio broadcasters statewide. We support the intent of SB 2121 and appreciate the effort to increase accessibility for all members of our community, especially during emergencies.

However, there are some practical concerns with the current language of the measure as it's currently structured. There's inconsistency in how responsibility is assigned. Subsection A places the obligation on the governor, the mayor to provide certified ASL, but Subsection B shifts the operational burden to news media outlets by requiring any outlet provide that picture-in-picture on screen for the duration of the announcement. And the concern is-- the likely unintended consequence is that it would require television broadcasters to come with a two-camera crew set up to do that.

And if they have to do that to be compliant, they don't have the resources to do that, they don't have the staff to do that, and the end result is instead of greater accessibility, you will have less coverage is the likely scenario. There is a workable solution, though, we feel.

We submitted a amendment on the House Bill, and we would recommend something similar in this particular case, and it would address a number of the issues. As I said, we support the intent for sure, but there needs to be a practical application.

I know HIEMA's weighed in with some other concerns, so there are still a number of things that probably need to be worked out, but I think most of the parties are in agreement. We're trying to find a way to make this happen and be able to provide greater accessibility.

Okay, thank you very much.

Thank you.

Next, we have-- let's see. That covers the number of testifiers that we had for Senate Bill 2121. I'm not sure whether or not HIEMA is present, but they did submit written comments offering some specific concerns as well. So, members, any questions for any of the prior testifiers?

If not, I think their comments were very useful. We'll take up Senate Bill 3239, relating to language access, which appropriates funds for HIEMA to increase access to bilingual resources and services to residents for residents with limited English proficiency. First up, we have Dr. Lewin, SHPDA, testifying in support. Next we have Amy Agbayani for The Legal Clinic. Comments in support. Please come forward.

Thank you. I'm... I just got promoted to be President of The Legal Clinic, which is a 10% increase in salary from zero. But I'm really, it's very important for our organization to support this. It is an excellent, needed bill. And one in four of the people in Hawaii do not, speak a language other than English, and 1 in 9 are limited English proficient.

And so this bill would provide necessary resources for HIEMA and also will meet the mandate for equal access. I would just like to say that I support the other bills that you'll be discussing also, like I think SB 2109. I'd also like to point out that, in addition to HIEMA, other state agencies also need resources and would benefit from support. So thank you for hearing this bill.

Okay, thank you very much. Next we have Liza Ryan Gill testifying on behalf of the Hawaii Coalition for Immigrant Rights.

Thank you, Chair and Vice Chair, Members of the Committee. Liza Ryan Gill with Hawaii Coalition for Immigrant Rights. I just want to share one example. So in response to the Lahaina fire, where about 30% of the population was foreign born and at least 25% of them were limited English proficient, it was really important.

We worked with FEMA and their national dollars and our local language experts on Pacific Islander languages to make sure that we had the appropriate materials for folks since the information was changing quickly. We developed some amazing systems. That session immediately afterwards, we were able to pass a bill to get a full time language access coordinator for HIEMA.

Now that we have Brandon in that in that role, we are working with HIEMA to make sure that they have gray sky and blue sky plans for the some 24% of our population that is limited English proficient. Some of those would include making sure that we have videos in the right languages.

We have scenarios that we are planning for. So for example, if we were to have a tsunami up on the North Shore, we would need to make sure that we had Tongan language materials immediately available. Those are the kind of practical things. Language access is not a third or fourth issue. If you don't get it in a language you can understand, it might as well not exist. Right. Mahalo.

Thank you. See, also testifying on Zoom for NFRA is Kai Lorinc.

Not present on Zoom, Chair.

Okay. Is there anyone else who wishes to testify on Senate Bill 3239? If not, Members, any questions? I have one follow up question, perhaps for Amy Agbayani or Liza Ryan Gill.

In the, I guess most recent months, we've had a number of potential emergencies and disasters. Last week. Do you know to what extent HIEMA currently has been able to really deploy language access assistance immediately or in times when the disaster was unplanned for? Well, all of them are unplanned.

It is still a work in progress. I think some sirens are one of those issues that we need to address to make sure. You know, for example, in Kalihi, more than 50% of the population are foreign born in that district. So Representative Ikaika's district is 52% foreign born.

So it would be incredibly important if there was a disaster that was hitting that area to make sure that we had that information going out in Ilocano. HIEMA is working in good faith in that direction and they have finalized, I believe, their new language access plan, and they're working with us and community members to deploy and prepare those materials.

Would they be, I guess able to act quickly if they also worked with other departments who could also provide language access services for particular kinds of needs, medical, healthcare, and other needs that needed to be accommodated during the the same emergency?

Yeah, I think clearly resources and services are needed in multiple areas because just like any English speaking person in a disaster, you don't just need to know what's going on, but you need direct services and support. I actually don't know how well the broadcasting people are doing. But just in regular emergencies, for example, it seems easy if you could just put streaming things on that there is an emergency. We just have a lot of anecdotal information.

For example, when there was a hurricane, there was a long line at Costco or something. And most people, some people thought that there was a big sale. Well, it was because they were stocking up for emergencies. So a lot of these just simple minded kind of things are not available.

If anyone gets freaked out in an emergency and is English speaking, you can imagine it is a little, a lot more difficult if you don't know what's going on and don't get resources. So it is more than HIEMA that needs this.

Perhaps if we include, if you have recommendations on the specific departments and agencies who should be part of a consortium or working group that would help. Because otherwise it really seems that while we are gearing up for more and more emergencies and disasters to occur, we haven't necessarily put together all of the tools and the resource elements to make that happen.

Yeah, absolutely.

Thank you. Any further questions? If not, let's see. We have one additional measure on this agenda this afternoon. Senate Bill 2645.

We posted a proposed SD 2 and would like to actually have the testifiers focus on the recommendations for proposed SD 2. First up, we have Office of the State Fire Marshal. Fire Marshal Booth.

Good afternoon. Chair Fukunaga, Vice Chair Lee, Members of the Committee. My name is Dory Booth, the State Fire Marshal. So, thank you for the opportunity to testify today. Requesting support in SB 2645, the SD 2 to help strengthen the capabilities the Office of State Fire Marshal.

This includes modernizing the organizational structure to create cross certified Assistant Fire Marshals that ultimately increases flexibility, improves recruitment and supports the long term capacity of the office through Act 302. SD 2 also includes adjusting inspection rates from annually to a risk assessment based not to exceed three years based off of rankings through national standards.

And also establishes a state fire code as the minimum baseline for the entire state allowing, although county amendments would be allowed, they would need to be reviewed by the Office of the State Fire Marshal to make sure that they are not less restrictive than the approved state fire code.

And finally it introduces the State Fire and Life Safety Special Fund to help facilitate grants, donations and monies that Act 302 otherwise allowed for but there was not a mechanism to receive and disperse from. And thank you for your consideration.

Thank you. Next we have Michael Walker testifying for Department of Land and Natural Resources. Good afternoon.

Good afternoon. Chair Fukunaga, Vice Chair Lee. Members of the Committee. My name is Michael Walker. I serve as a Statewide Fire Protection Forester for the Department of Land and Natural Resources Division of Forestry and Wildlife. The Department has provided testimony providing comments on the measure.

In summary, the Department supports Sections 1, 2 and 4 and is in his opposition to Section 3, which amends Act 302 to have the Governor appoint the Marshal's Office as opposed to the Committee that was stood up by Act 302. And I'm here for any questions.

Okay, thank you. Next we have Sheldon Howe testifying for Department of Law Enforcement on Zoom.

Not present on Zoom, Chair.

Okay, I think Sheldon Howe is actually with the Honolulu Fire Department. I don't think he's with Department of Law Enforcement. Is there anyone else who'd like to comment on Senate Bill 2645? Okay, if not.

Hello Chair. This is Gary Lum from the State Fire Council. We submitted written testimony in support of this bill and now are standing on it.

Please go ahead and comment. Thank you.

Oh, Gary Lum testifying on behalf of State Park Council. We submitted written testimony in support of this measure.

Okay, thank you very much. Members, any questions for our testifiers? Chair has one question. Perhaps we can ask Fire Marshal Booth and Forester Walker if they could both return. I know the Legislature changed the selection process in last year's legislation and you know, the proposed measure seems to be seeking to adhere to kind of the new method.

Could you comment on perhaps why the Department has concerns about that section of the bill?

The original bill creating the Office of the State Fire Marshal had the State Fire Council select the Marshal's position. And then the revisions of last year to Act 302 created the Commission and moved the state Fire Marshal into the State Fire Council as a Member.

And all of the membership, other than myself and the DOT Airport Rescue Firefighter are all county fire chiefs and they're subject to a commission at each county. And the Department feels that the Marshal's Office should be subject to a commission as well.

Okay, thank you. Fire Marshal Marshall Booth.

The proposed recommendation or the proposal for this year to move under Governor appointment with Senate confirmation came from recommendations and discussions with other legislators throughout this information briefing session this. This in January. So that's. That's where that came from. It also aligns with other directors and Executive Members to the appointee of Senate confirmation.

Okay, thank you. Members, any other questions? If not, thank you both.

Thank you.

Thank you.

Okay, we'll take a brief recess in subject to the call of the Chair.

We're reconvening the February 18th 3pm meeting of the Committee on Public Safety and Military Affairs for today's recommendation. Senate Bill 3192, relating to emergency health care licensure waivers. Chair recommends that we pass first measure, Senate Bill 3192, with technical, non-substantive amendments and a defective effective date. Any questions? If not, Vice Chair Lee for the vote.

Thank you. Voting on SB 3192. The recommendation is to pass with amendments. [Roll Call] Chair, the recommendation is adopted.

Okay, for the next two bills on today's agenda, Senate Bill 2121 and Senate Bill 23239 relating to language access. The Chair would like to propose that we fold the two bills dealing with multilingual access as well as sign language access into a previously heard bill.

Senate Bill 2109 so that we are able to develop a more comprehensive emergency communications program. While at the same time for Senate Bill 2121, we would include recommendations from DCAB and Hawaii association of Broadcasters that deal with the sign language requirements for Senate Bill 2121 and the Language Multilingual Access Recommendations from Senate Bill 3239.

In Senate Bill 2109, which has a much broader framework and calls for an additional establishment of an emergency communication plan that also focuses on educating residents on the need to prepare for major disasters of the type that may, you know, kind of require a 14 day food supply.

So, you know, as far as looking at a comprehensive plan, it does seem like with the, with the number of disasters and emergencies that we currently are dealing with, it makes sense to include as many forms of communication as possible in one bill.

And we'll also include in the Committee report recommendations for the funding level that should be included in the Bill as well as those departments and agencies that we would want to have hi emo work with. Any questions? So we're actually voting on SB 2121 or 3239 as the vehicle for right now. We will propose to defer 2121.

Okay. And we will. Because you're emerging. Right. And we will Defer Senate Bill 3239 and we have a decision making agenda for Senate Bill 2109 relating to emergency preparedness communications, which is also part of today's agenda. So it's kind of taking the bill.

It's the later agenda though. Yeah, yeah, yeah, yeah. Because 2109 is not on this one. Right.

It's on the 301pm agenda. All right.

Okay.

For now, the Chair recommends that we defer action on Senate Bill 2121. And on Senate Bill 3239. And we will take up Senate Bill 2645, relating to fire prevention. Noting some of the comments that were provided by the Department of Land and Natural Resources.

Chair recommends that we pass with amendments from the proposed SD 2 with blank appropriation amounts. And express some of the concerns in the committee report so that the next committees will be able to take up some of those questions in Ways and Means Committee. On that measure, any questions, concerns? If not, Vice Chair Lee.

Voting on SB 2645, Senate Draft 1. Recommendation is to pass with amendments. Noting excused absence of Senator DeCorte. Are there any reservations or noes? Seeing none. Oh, noting all present. Are there reservations or noes? If not, recommendation is adopted.

Okay, next on the 3:01 PM agenda. Senate Bill 2109 relating to emergency preparedness communications was previously heard on January 28th and it requires HYEMA to develop and implement a statewide public education and communications plan to promote household emergency preparedness, etc.

Recommendation is to fold the previously discussed Senate Bill 2121 and Senate Bill 3239 into Senate Bill 2109 with the amendments proposed by the various testifiers. Any questions? Comments? If not, please proceed.

Voting on Senate Bill 2109, the recommendations to pass with amendments noting all Members present. Are there any reservations or no's? Seeing none. Recommendations adopted.

Okay, turning next to let's see. Bills from our February 17th agenda. The Committee on Government Relations has already voted.

Excuse me, brief recess.

Okay, the measures on yesterday's agenda include Senate Bill 2882 relating to state buildings. The GPO Committee has voted to pass with amendments. Our recommendation is also to pass with amendments that were recommended by DAGS and DOE with a defective effective date. Any questions? If not, Vice Chair Lee for the.

Vote voting on Senate Bill 2882, the recommendations to pass with amendments noting all Members present. Are there any reservations or nos? Seeing none, the recommendations adopted.

Okay, next measure on yesterday's agenda was Senate Bill 3191 relating to a Department of Water safety and drowning prevention. Also, Government Operations was the lead. So the recommendation was to. Include a defective effective date and technical non substantive amendments. Passing with amendments. Chair recommends. I'm sorry, not for the vote.

Vice Chair Lee voting on Senate Bill 3191 the recommendations to pass with amendments noting all Members present. Are there any reservations or nos? Seeing none, the recommendations adopted.

Last measure on yesterday's agenda was Senate Bill 2339 relating to the State Building Code Council.

The recommendation was to add two labor Members to the Building Code Council in conjunction with the addition of, I guess representatives of the Building Industry association and the representative of the General Contractors association permanent standing Members and recommendation is to pass with those amendments which were all covered in the testimony that was provided. Any questions?

If not, Vice Chair Lee voting on.

Senate Bill 2339, the recommendations to pass with amendments noting all Members present. Are there any reservations or nos? Seeing none, the recommendations adopted.

That brings us to the end of today's agenda.

Thank you very much everyone.