Senate Standing Committee on Judiciary

All right. Welcome everyone to the Judiciary Committee's decision making only agenda 10 o'clock on this Thursday morning, 26th February 1st. On the agenda is SB 2nd SB 2006. This clarifies that a farm dwelling permitted in an agricultural district includes a single family farm dwelling with an accessory employee housing structure subject certain restrictions.

Recommendation is to pass it just with a bad day, March 22, 2075.

I like to put in the Committee language that the Committee report language suggesting the next Committee consider requiring all farm dwellings and all farm employee housing be subject to and comply with all county laws, rules, regulations, land use ordinance, zoning and permitting, including but not conditional use permits. But that will just be in the Committee report.

Questions or concerns? If not Senator Gabbard.

On SB 2006, SD1 and recommendations to pass with amendments. [Roll Call] Measures adopted.

Thank you. Next up is SB2009. This requires new number plates and tags or emblems for used motor vehicles transferred between private individuals. Recommendation here is to go ahead and pass. Move along. So we'd like to accept. Accept two amendments offered by Senator Wakai reading this right. It's this.

So this would have been the language of Section 4 that requires the county Director of Finance to immediately notify all applicable state and local agencies of the transfer through a centralized notification system by deleting immediately. So there's an unspecified time period.

And Section 5 will delay the date by which each county Director of finances to establish a centralized notification system by one year. So the system shall be required by July 1, 2028 and then insert the amount of the.

Of the penalty for failing to comply with the plate tag emblem removal and registration requirement in Section 2 to make the penalty penalty consistent with HRS Section 28652, subsection J that finds a person $100 for failure to give notice of the transfer of the county Director of finance and then the law requiring adherence to a specific procedure when the vehicle title or interest is transfer transferred, which is $100 for failure to comply and will make the Bill effective upon defect.

Effect on. Effective upon March 22, 2075. Okay. Okay. That's it. Questions or concerns?

Yeah, concern. Concern a lot. I didn't see support for this one, did I? Was there testimonies in support?

No, it was pretty thin, as I recall. No, it's a bad day. Moving it forward.

Yeah. The concern. Aside from that, because I was just seeing if we could just, you know, get it killed right here, but it just doesn't seem feasible to me. I don't, I don't know. I understand it, but it doesn't see. Why would we do it?

Because, like, if you sell a car, think about all of the plates that we have to. You're in, you're in for an environment. You gotta recreate many plates. And it just seems like a little backwards at resources.

It's the, the, the, the advantage is clarity of clarity who owns it and who's, who's, who's assigned which number. And so that's, that's why I believe they want to do it. But. Okay. Yeah, thanks. Other concerns or questions? If not Senator Gabbard.

on SP 2009, SD1 Chair's recommendations have passed with amendments. The Members present. Are there any no votes or reservations? The measures adopted.

Okay, thank you. Next up is SB 2010. This authorizes the impoundment of motor vehicles when certain traffic violations have been alleged or committed. Recommendation here is. Pass with technical amendments and put a defective date on it. March 22, 2075. So text and a bad date. Questions or concerns? If not Senator Gabbard.

SB 2010 SD1 recommendations to pass with amendments. There any no votes or reservations? Measures adopted.

Thank you. I did want to note on that one, too, that we would like to put in some Committee language highlighting some legal concerns we have about valid public safety concern and owner's rights if. If different than the driver.

But if you want to revote because of that difference, I'm happy to do it, but I don't think we need to. Okay, let's see. Okay. Next up is SB2026. Requires drivers of vehicles approaching stationary motor vehicles stopped in any location on the roadway, shoulder or roadside to slow down and make a.

And or make a lane change if necessary. Recommendation on 2026 is to pass with just a defective date. March 22, 2075. And well, no concerns in the Committee report about the definition of complete stop and about whether the new law would apply if the stop vehicles flashing hazard lights are just sitting there with the lights off.

Questions or concerns? If not Senator Gabbard.

On SB2026 SD1 Recommendations to pass with amendments. Are there any no votes or reservations? Hearing none. The measures adopted.

Thank you. Next up is SB2046. This requires an owner or operator of an underground storage tank or tank system with a confined client confirmed release to meet certain standards for the retention for the restoration of the environment. Recommendation here is to pass with a bad date. March 22, 2075. Questions or concerns? If not Senator Gabbard.

On SB2046 SD1 Recommendations of pass with amendments with all Members present. Are there any no votes or reservations? Hearing none. Measures adopted.

Thank you. Next up is SB 2054. Yes. You did not. Okay. 2054 prohibits the National Hawaiian National Guard from deploying to assist federal troops, federal law enforcement or the National Guard of any other state operating in Hawaii. When the Governor's objected to the deployment recommendation here is to pass with some amendments do have prior concurrence.

I'd like to define the form and process for Governor's objection, I. E. So it would have to be written. So for purposes of this section, the Governor's objection shall be made by a written determination signed by the Governor.

The written determination shall identify the specific deployment request, operation or activity to which the objection applies, state the factual basis for the objection, specify the geographic scope of the objection and specify the effective date and time and the duration of the objection. Governor shall provide notice the objection.

The Adjutant General, Director of Emergency Management and the Attorney General which will cause the objection to be maintained as a public record except for portions that are confidential under state of federal law. We do have prior concurrence from both previous Chairs. I believe it has. Yes, it has a bad date already.

I'd also like to put in the Committee, in the Committee report some language acknowledging Brigador General's Ross's concerns.

He was opposed to the bill and agreed that we have reached a place in the history of the country where the military, including the Hawaiian National Guard, is likely going to be put in difficult legal positions where individuals are going to have to decide whether the orders they are receiving are legal and whether they're willing to refuse them.

If it is their. If in their own consciences they believe they should. So I understand the. The tension this bill. The. The legal tension this bill may cause, but I think that's where we're at. So that's my recommendation. Questions or concerns? I not Senator Gabbard.

On SB 2054, SD1 Chair's recommendations to pass with amendments. Are there any no votes or reservations? No vote for Senator Awa. The measures adopted.

Okay, thank you. Next up is SB2057. This prohibits law enforcement officers from using any personal personnel or funds originating in the state to assist or facilitate to facilitate conduct by immigration Federal immigration agents exceeds their law enforcement duty or authority.

Prohibits law enforcement officers from assisting or cooperating with or allowing resources to be used to facilitate federal immigration agents engage in operations that target individuals or entities for activities protected by the First Amendment in the United States or immigration enforcement operations unless provided by law. This does have a bad date.

I would like to put in the Committee report that the Committee believes that we should define the following terms by reference or a new definition. Law enforcement officer. Federal immigration agents at or at least at or near. I'm sorry Assist, facilitate and exceeds their law enforcement duty or authority.

And I would also like to signal to the Next Committee that we'd like to address constitutional concerns by scrubbing language that might be interpreted as obstructing. Emphasis will be on doing local law enforcement jobs while assisting federal agencies were required by federal law. We'd also like to enumerate the First Amendment activity.

Local and state law enforcement are tasked with protecting I. E. Non violent protests recording of LE activity unless physically interfering with authorized law enforcement activity. Speaking to law enforcement officers, even if in polite term in impolite terms. So that's all going in the Committee report.

I have not been able to get prior concurrence in time for this hearing. So that will be my suggestion going forward to the Next Committee.

Questions or concerns. If not Senator Gabbard.

On SB2057 SD1. Recommendations to pass with amendments. Are there any noes or reservations? Hearing none. The measures adopted.

Actually, I think that was just. Oh, I'm sorry. So that. Yeah, It was understandable Confusion.

Correct.

Okay. Moving on to SB2078. This clarifies that rules adopted by the Department of Land and Natural Resources pursuant to Section 1903 may regulate aquarium fish permits. Establishes a criminal penalty and monetary fines for aquarium fishing violations. Recommendation here is to go ahead and pass it as is. Questions or concerns? If not Senator Gabbard.

Recommendation on SB 2078 SD1 is to pass as is. Are there no votes or reservations? No vote for Senator Awa. And the measure is adopted.

Thank you. Next up is SB2145. This establishes the right of a person to record law enforcement activities. Establishes private right of action for any violation of the rul. Right to record law enforcement activities as long as the recorder does. You know, there's. There's exceptions. You can't interfere with the police operation. For example.

Our recommendation here is to pass as is. Questions or concerns? If not Senator Gabbard.

SB 2145 of recommendations to pass as is. Are there any no votes or reservations? Hearing none. The measures adopted.

Thank you. Next up is SP2448. This enacts the Uniform Civil Remedies for Unauthorized Disclosure Intimate Images Act. Recommendation here. Is to pass with amendments the technical amendments suggested by Elizabeth Kent I would also note that it has a effective date of January 1, 2077.

I'm not sure this bill is ready for prime time, so we'll leave the bad date on it. Questions or concerns? If not Senator Gabbard.

SB2448 SD1. Recommendations to pass with amendments. Are there any no votes. Reservations? Hearing none. The measures adopted.

Okay, I think that's it. All right, Members, thanks for being here. Tomorrow's. Tomorrow's one of the big ones. 30 bills on the agenda. 30. See you tomorrow.