Senate Standing Committee on Judiciary

All right. Welcome, everyone, to the Judiciary Committee hearing, decision-making hearing. This is our 10:30 agenda. Thirty-one bills to make decisions on, so we'll go ahead and get started. First up is Senate Bill 2090; allows licensed mental health counselors to be appointed as child custody evaluators. The recommendation on this one is to pass as is. Questions or concerns? If not, Senator Gabbard.

On SB 2090, Chair's recommendation's to pass as is. [Roll call]. The measure's adopted.

Thank you. Next up is SB 2108. This amends the factors of family court is required to consider in deciding whether the court may waive jurisdiction over a minor or adult held for criminal proceedings. Recommendation here is also to pass unamended. Questions or concerns on SB 2108? Seeing none, Senator Gabbard.

Recommendation's to pass as is. [Roll call]. The measure's adopted.

Thank you. Next up is SB 2128. This provides any firearm or motor vehicle possessed and used by a person who hunts on private land without the permission of the owner or occupier of the land should be forfeited to state, pursuant to Chapter 712A and authorizes the court to reduce the penalty from forfeiture to a fine of a certain amount for the first offense. Recommendation on 2181 is-- it has a bad date, but to accept--

28?

Sorry, 2128. That matching up? Okay. To pass with an amendment. First of all, it has a bad date, but I'd like to accept the Cattlemen Council's amendment and raise the fine for the first offense to $2,000 instead of $700, I think it was. $750. $750. Questions or concerns? If not, Senator Gabbard.

Chair's recommendation on SB 2128 is to pass with amendments. Of the members present, are there any no votes or reservations?

No.

No vote for Senator Awa. The measure's adopted.

Okay, thank you. Next up is SB 2135. This establishes the offense of nonconsensual disclosure of an intimate image. Recommendation on this one is to pass with SMA text, so with amendments. Questions or concerns? If not, Senator Gabbard.

On SB 2135, recommendation's to pass an amendment. Of the members present, are there any no votes or reservations? Seeing none.

Hang on just one second. SB 2135. Senator San Buenaventura.

Oh. Aye.

Shall-- the offense of nonconsensual disclosure of an intimate image. Okay. All right.

Measure is adopted.

Thank you. Next up is SB 2140, relating to county labor standards. Authorizes the counties to require contractors to disclose information regarding their employees' wages, benefits, hours, and employment status. Recommendation here is to--

To pass with amendments. Would I'd like to accept the carpenter's amendment which is upon the revocation or suspension of a building permit pursuant to sub paragraph B, the county shall notify the property owner within five business days and shall provide the owner an opportunity to apply for an expedited transfer of the permit to a replacement contractor.

The county shall process the application within five business days of receipt of a complete application. The replacement and contractor Replacement contractor shall demonstrate compliance with all applicable licensing and labor laws.

Previously approved plans, conditions and inspection shall remain valid for the purpose of the expedited transfer unless the scope of work is materially altered and also put a bad effective date on it. March 22, 2075 and we do have prior concurrence. Questions or concerns if not vice chair.

On SB2140 chairs recommendations to pass with amendments with all Members present. Are there any no votes or reservations hearing? None. The measures are done.

Thank you. Next up is SB 2169. This authorizes the Agribusiness Development Corporation to acquire by condemnation any real property or interest in real property under certain conditions. Okay. The recommendation it has a bad date. There is some question about whether it was intended to be for condemning only private land or whether they could condemn other state agencies.

But I don't have any prior concurrence. So we'll just go ahead and pass it as is. Questions or concerns if not question.

Chair's Recommendation to pass SB2169 as is. Are there any no votes or reservations hearing? None.

Oh, sorry. Confused. I'm good.

Thank you. Next up is SB2174. This authorizes Department of Agriculture and Biosecurity declare an emergency quarantine when it's been reasonably determined that there's a threat to agriculture the environment in the state. Recommendation is to pass with SMA text only and yes, that's with amendments, right?

With amendments. Yeah. Sure's. Recommendation on SB2174 is to pass with amendments. Are there any notes or reservations hearing none the measures adopted.

Thank you. Next up is SB2175. This is relating to disposable electronic smoking devices beginning January 1st, 2027. Prohibits selling, offering for sale or distributing certain disposable electronic smoking devices. The recommendation here is to pass with amendments. Will accept DoH's recommendation to place the ban in Chapter 328J smoking, which will allow DoH to enforce it.

This is sort of informal. So, Senator San Buenaventura, and sure this came out of your Committee. Is that an acceptable. Acceptable alteration?

That's fine.

And then I'd also like to accept DoH's recommendation to insert a penalty section into the Bill with a $500 a day. $500 per day fine for violation

Of each violation?

Per day is what they'd ask for.

No, it says per day of each violation. Support.

Yes, 500 day per day of violation.

So for each. For each vape cartridge, you're gonna do 500 bucks?

No, I don't think that's the way it is.

Per day, but not for each violation.

So what. What DoH had suggested was violations of subsection air subject to a fine of blank dollars.

Agree to that portion. Not 500 per day for each fake product. No, I will agree with you. $500 per day, period.

No, the. The. What they suggested was violation of subsection A are subject to a fine of blank dollars per day of each violation. So I don't know what that.

Okay, so you could leave it blank. That's fine.

Okay. That's fine. We'll do that. Other questions or concerns if not Senator Gabbard.

On SB2175 recommendations to pass with amendments. Members. All Members present any no votes or reservations. Hearing now the measures of.

Thank you. Next up is SB 2189 relating to Hawaii Housing Finance and Development Corporation. Repeals requirements if the chairman of the Hawaii Housing Finance Incorporation Development Corporation Board of Directors be a public member. Recommendations to pass with an amendment. Just put a bad date on it. March 22, 2075. Questions or concerns, if not Senator Gabbard.

And SB 2189 the recommendations to pass with amendments. Any no votes or reservations?

No.

No Vote for Senator Awa and the measure is adopted.

Thank you. Next up is SB 2192, also relating to housing. Authorizes a county to reduce the number of housing units that may be built with any—within any geographical area of the county if the county, increases the number of housing units that may be built elsewhere in the county such, such that there is no net loss in residential capacity.

Recommendation here is to pass as is. Questions or concerns? If not, Senator Gabbard.

[Roll Call]

Okay, thank you. Next up is SB2240 requires any petitioner for a district boundary amendment to obtain a written statement from the Commission on Water Resources Management on availability in the hydrologic unit or units where the parcel is located and provide that certification to the Land Use Commission. Recommendation here.

It does have a bad date and we SMA text only questions or concerns. If not Senator Gabbard.

On SB 2240 recommendations to pass with amendments. Are there any no votes or reservations. Hearing None. The measure pass.

Okay, thank you. Next up is SB2253. This amends the offense of negligent injury in the first degree to include injuries negligently inflicted by intoxicated drivers.

Recommendation here is to make it effective on July 1, 2026 per the Judiciary's testimony and accept the city and county prosecutor's amendment, I. E. Restate the phrase under the influence of alcohol, alcohol or drugs instead of just cross referencing to a different section or different yeah, section I guess is the right word. Questions or concerns. If not vice chair.

On SB2253 recommendations to pass with amendments. Any no votes or reservations hearing none of, the measures adopted.

Thank you. Next up is SB2294 specifies that all condominium associations, boards and managing agents are required to comply with any applicable laws, rules and regulations. The lawyers have convinced me that it doesn't actually do anything, that every all those entities are required to follow the law already. So I'm going to defer that one indefinitely.

SB2298 requires cooperative housing corporation proxy forms to include certain language related to the selection options for proxies. Recommendation here. My hands weren't numb from the cold. To pass the amendment. Technical amendment. Really change the reference to owner on page two, line one. I mean line six to shareholder as co ops have shareholders, not owners. Questions or concerns.

If not vice Chair.

Recommendation on SB 2298 is to pass with amendments. Any no votes reservations hearing None. The measures adopted.

Thank you. Next up is SB 2312 relating to government contracts. Would amend the Uniform Information Practices act to require the contractual party of each contract to perform an agency function to retain records following the retention schedule following the tensionary schedule of the agency and to provide the agency access to the records upon request.

Recommendation here it does have a bad date. The recommendation here is to pass it as is. Questions or concerns. If not vice chair.

On SB 2312, the recommendation pass as is any no votes or reservation hearing. None. The measure passes.

Thank you. Next up is SB 2314.

This requires that whenever there is a difference between the English and Hawaiian version of a law, that Hawaii version of law that is material to its interpretation, prior priority shall be given to the language that aligns with the intent of the Legislature as evidenced by legislative history, context and purpose and clarifies that Hawaiian shall not be required for public acts which is current law, but that it is welcome.

Recommendation here is to pass it unamended. Questions or concerns seeing on vice chair

On SB2314 recommend recommendations to pass it as is any no votes or reservations hearing none the measures adopted.

Thank you. Next up is SB 2322.

This requires an environmental assessment be conducted in an environmental impact statement, be prepared for any proposed use within historic properties designated by the Hawaii or National Register of Historic Places. Important to Native Hawaiian people or another ethnic group of the state or determined to be eligible as a traditional cultural property or placed—or placed on the National Register of Historic Places.

Recommendation here is to pass as is. Questions or concerns? If not, Vice Chair.

[Roll Call]

Thank you. Next up is SB2340 relating to community care foster family homes.

Clarifies that individuals with intellectual and developmental disabilities who meet an intermediate care facility, care facility or nursing facility level care shall not be denied residency in a licensed community care foster home solely because of their disability or enrollment in a specified in a specific Medicaid waiver program. The recommendation here is to pass with SMA text only.

Questions or concerns if not Senator Gabbard

On SB 2340 recommendations to pass under Amendment any no votes or reservations hearing none. The measure passes.

Thank you. Next up is SB 2347, which requires the Office of Consumer Protection to periodically publish an accessible multilingual notice of tenant rights. Recommendation here is to pass as is. Questions or concerns? If not, Senator Gabbard.

[Roll Call]

Thank you. Next up is SB 2363. This authorizes the counties to close public lands when necessary to protect public health, ensure public safety, or preserve natural or cultural resources. The recommendation here is to also pass as is. Questions, concerns?

Concern.

Senator Awa.

So, it's so cold, I'm debating talking. Chilled my thoughts. I may have not said anything, but it seems that this session so far, we—last week, we had a bill that the Sierra Club was saying with privatized beaches over here we have allowing our government to restrict our access of public spaces for reasons that they seem valuable.

But I think it's invaluable that that us as locals, Hawaiians especially, have our rights to access public places and so, no on this one, respectfully.

Understood. It doesn't—it will not affect the constitutional rights of hunting, hunting and gathering rights. So, we can't change the constitution of the statute. But I understand. Other concerns? If not, Senator Gabbard.

[Roll Call]

Thank you. Next up is SB 2372 relating to trees. Establishes base selection criteria for exceptional trees. Establishes the significant tree designation selection criteria and related processes. Recommendation here is to pass with SMA text only. Questions or concerns?

Comment.

Yep. Senator Awa.

Sorry for holding this up. This one, I would, I would say we would be for if we could have—if the Senate minority could have an appointee on the commission. Otherwise, it's a no just because, you know, when I came in, I tried to plant food trees. State was kind of against it for liabilities.

I would want our voice to be in on this one.

I'm sure the Chair of the Ag and Environmental Committee will take that into consideration. Other questions or concerns?

But no for now unless we get that. Thank you.

Understood. Senator Gabbard.

[Roll Call]

Thank you. Next up is SB 2377, relating to property damage of critical infrastructure facilities. Establishes the offense of criminal property damage to critical infrastructure facilities, a class felony, and expands the term "critical infrastructure" to include broadband and cable networks. The recommendation here is to pass with an amendment per the Honolulu Prosecutor suggestion to define damage.

Damage means any impairment to the integrity or availability of data, a program, a system, a network, or computer services. Questions or concerns? If not, Senator Gabbard.

[Roll Call]

Thank you. Next up is SB 2392. This specifies that operating a motor vehicle under the influence of an intoxicant while I—while a highly intoxicated driver—is a misdemeanor for first offense or any offense not proceeded within a 10-year period.

Specifies and imposes additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense. Recommendation here is to pass with just text—SMA and it looks like there's some other technical amendments as well. Just text. Questions or concerns?

Yes.

Yes.

I'm going to be voting with reservations, noting the Judiciary's testimony and the fact that we, we had an original DUI of misdemeanors and it clogged up the courts and every time there has been a trial for a DUI, the prosecutor lost. So, by the idea behind actually ratcheting it back was to have the DUI court, which has been highly successful.

Unless we figure out a way to not clog up the system, I'm going to be voting reservations on this.

Okay. Understood. I don't think there's any question that it will increase cases. Other concerns? If not, Senator Gabbard.

[Roll Call]

Next up is SB 2397 estab.

This establishes that when a neighborhood board of the City and County of Honolulu has a vacancy, a majority of all seats that are filled shall constitute quorum to conduct business, and a majority vote of the members present at the board's meetings validate and act of the board on part of as part of its official business.

Recommendation here to pass as is. Questions or concerns? If not, Senator Gabbard.

On SB 2397 recommendation to pass on amended. Any no votes? Reservations? Hearing none, the measure is adopted.

Thank you. Next up is SB 2408. 2408 allows terminally ill patients and qualifying patients over 65 years of age with chronic disease to use medical cannabis within specified healthcare facilities under certain conditions. The recommendation here is to pass as is. Questions or concerns? If not, Senator Gabbard.

[Roll Call]

Thank you. Next up is SB 2423 relating to zoning. Prohibits the counties from imposing certain lot requirements on lot zone for housing on parcels of land located within the urban district for purposes of subdivision development or the issuance of a building pertinent with certain exceptions.

The recommendation here is to pass as is. Questions or concerns?

Concern.

Senator Awa.

Only voting no on this one just because of the community I represent. We don't want to see 10,000 square foot lots being split up four ways and four homes on them. So, respectfully, no. Thank you.

Understood. Other concerns? If not, Senator Gabbard.

[Roll Call]

Next is SB 2425. This requires health insurance carriers to honor a patient's written assignment of benefits to a substance use disorder treatment provider. The recommendation here is to pass with an amendment just to clarify what is meant by a valid written assignment; instead use the phrase 'a written assignment that's validly executed in compliance with this title,' and that would be the only change. Questions or concerns? If not, Senator Gabbard.

On SB 2425, recommendation: pass with amendments. Any no votes or reservations? Hearing none, measure's adopted.

Thank you. Next up is SB 2429, relating to traffic safety; establishes a framework for use of intelligent speed assistance technology for habitual speeders. The recommendation on this one-- it is to pass unamended. Questions or concerns?

Question.

Sure. Senator Awa.

What is a-- what constitutes a habitual speeder? I wasn't able to look that up.

It was discretionary. Whatever the judge decides based upon prior--

How many times? A year?

It's within, like, a 20-year period.

Oh, okay.

It's--

Okay. Thank you for that.

The bill defines it. It gave factors to the judge to decide it was discretionary. So it's pretty vague. Okay?

That sounds correct to me. Okay.

Thanks for that. We'll be voting no. Just-- I mean, I don't need to explain, but yeah.

Okay.

Yeah, because I looked that up, too.

Any other concerns?

I'm just going voting with reservations because of the vagueness.

Okay. Anything else? If not, Senator Gabbard.

On SB 2429, recommendation's to pass unamended. Any no votes or reservations?

No.

No vote for Senator Awa.

Reservations for Senator--

Reservations for Senator San Buenaventura. The measure's adopted.

Okay, thank you. Next up is SB 2436 relating to charitable solicitation. Requires professional solicitors operating public collection receptacles to solicit donations of nonperishable tangible property who later resell the items to deposit funds with charitable organizations from the specified time frame. Recommendation on this one is to pass with technical amendments only. Questions or concerns? If not, Vice Chair.

[Roll Call]

Next up is SB 2463. This lowers the blood alcohol content threshold for driving while under the influence of an intoxicant from .08 to .05. Now, we've seen this Bill before, so quote your conscience as you always do. Questions or concerns? If not, Senator Gabbard.

[Roll Call]

Thank you. Next up is—I believe the last one—SB 2471, number 31 on our agenda. This would—this has to do with artificial persons, i.e. corporations, LLCs, etc. It reaffirms that artificial persons create under state law possess only those powers that are necessary convenient to carry out lawful business and charitable organizational purposes.

Some information came available to us in the very recent past, so, I'd like to just defer this until March 5, 2026, at 10:02 in this room, 016. Believe that's it.

Wow.

Last one. Okay, thank you very much. Thanks for all for being here and we are adjourned.