Senate Standing Committee on Judiciary

All right. Welcome, everyone, to the Judiciary Committee decision-making-only agenda this Tuesday morning at 10:15. We'll go ahead and get started. First up on this long agenda is Senate Bill 888.

This prohibits operators of smart household security devices from sharing user data with law enforcement agencies unless the user consents or the law enforcement agency obtains a judicial warrant. First up--I'm sorry. First up, recommendation on 888 is to pass unamended. Questions or concerns? If not, Vice Chair.

On SB 888, recommendation's to pass with amendments. [Roll call]. Unamended. Okay.

Sorry.

On SB 888, Chair's recommendation's to pass unamended. [Roll call]. Measure's adopted.

Thank you. Next up is SB 2479. This allows the defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse. The recommendation here is to accept the Judiciary's amendments.

So that would be to adopt-- it's mainly technical, to adopt Judiciary's recommendation to add language on line 3--I mean, page 3, line 12 to 13--to an indeterminate term of imprisonment instead of just a term of imprisonment. In page 3, line 22, the defendant may be eligible for parole in accordance with certain sections, and page 4, again, instead of a term of imprisonment, indeterminate term of imprisonment.

And then, also like to adopt the Judiciary's recommendation to make any petition filed pursuant to Subsection C subject to provisions of HRPP Rule 40--sorry--Hawaii Rules of Penal Procedure Rule 40 by adding a sentence at the page 21, line 4, which states, any petition shall be filed and determined in accordance with Rule 40 by Hawaii Rules of Penal Procedure, and deleting the remaining provisions of page 21 and page 22, lines 1 through 18. Questions or concerns? If not, Senator Gabbard.

On SB 2479, the recommendation 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.

Thank you. Next up is SB 2489; requires each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating the department may enter the lease premises, or order, or otherwise require the lessee to maintain control of any invasive species on the lease premises and terminate the lease for refusal or violation.

With the prior concurrence of both Senator Gabbard and Senator Lee, we'd like to amend it by-- they add the new lease provisions and invasive species provision in Section 2 of this bill, which will also be incorporated into Chapter 166 and 166E. That would be sure that they're-- that would be to guarantee that they're actually in the leases when when they're done, when they're found-- concluded. And then-- no, that's it. That's it, right? Yep. Any questions or concerns? If not, Senator Gabbard.

On SB 2489, recommendation's pass with amendments. Of the members present, any no votes or reservations? Hearing none, the measure's adopted.

Thank you. Next up is SB 2519, relating to law enforcement; establishes new deadlines for the completion of the Law Enforcement Standards Board Certification responsibilities. Recommendation here is to pass as is. Questions or concerns? If not, Senator Gabbard.

On SB 2519, recommendation's to pass unamended. Any no votes or reservations?Hearing none, the measure's adopted.

Thank you. Next up is SB 2521; exempts emergency medical services personnel from commercial driver's license requirements; requires federal, state, and county firefighters, emergency medical services personnel, and law enforcement officers to maintain proof that they have successfully completed an agency approval or other state-approved training on authorized emergency vehicles. Recommendation here is to pass as is. Questions or concerns? Yeah, as is. Questions or concerns? If not, Vice Chair.

Recommendation of SB 2521 is to pass unamended. Any no votes or reservations? Hearing none, the measure's adopted.

Okay. Next up is-- thank you. Next up is SB 2527. This requires that state and county firefighters exempt from commercial driver's licensure be subject to an alcohol and substance abuse policy for employees that is equivalent to or exceeds the provision of the safety and health standards established by the U.S. Department of Transportation for holders of commercial driver's licenses. I'm going to defer this one indefinitely.

I think this is-- the status quo has been in place for decades at this point and I don't think we've had any trouble, so I think we're going to--I'm not thinking--I'm going to defer. Next up is SB 2575, relating to firearms; establishes mandatory minimum terms of imprisonment for certain Class A felonies involving firearms.

Changes from a Class B felony to a Class A felony the penalty for owning, possessing, or controlling any firearm or ammunition while being prosecuted for or having been convicted of committing a felony crime of violence, criminal offense relating to firearms, or an illegal sale or distribution of any drug.

Recommendation here is to put a defective date on it, March 22, 2075, clarifying Section 2 that the mandatory minimum period of imprisonment with the possibility of parole applies only to offenses in the reference statute that are Class A felonies, as those statutes also include offenses that are misdemeanors and Class C felonies. Questions or concerns? If not, Senator Gabbard.

Recommendation on SB 2575's to pass with amendments. Members present, are there any no votes or reservations? We're on 2575. Any reservations or noes? Hearing none, the measure's adopted.

Thank you very much. Next up is SB 2591. This establishes a two-year pilot program to prohibit the operation of privately-owned and operated refuse collection vehicles from 6:00 a.m. until and after 6:00 p.m. within the 500 feet of any area zone for mixed-use or residential apartment use within the Waikiki area. Recommendation here is to go ahead and move it along without amendment, as is. Questions or concerns? If not, Vice Chair.

On SB 2591, recommendation's to pass as is. Members present, any no votes or reservations?

No.

No vote for Senator Awa. The measure is adopted.

Thank you. Next up is SB 2611. This includes weekends and holidays as times when a reasonable warning or request to leave school premises is not required for a person to commit the offense of criminal trespass in the first degree. Recommendation here is to pass as is. Questions or concerns? If not, Vice Chair.

On SB 2611, recommendation to pass unamended. Are there any--

Oh. I have a concern about this. Sorry. I'm a little slow to the gun on this one. Aikahi Park in Aikahi, very popular. Families use it on the weekends. This would, what, subject them to not only not being able to use that but criminal trespass, correct?

Is it on--

It's on a school property, yeah. It's a very popular park.

Well, it would also mean that the school would have to actually say that it was off limits.

They do, yeah.

In that case, it would apply. I mean it's already a trespass. So all this--

But nobody-- nobody-- it's kind of an understanding that people just use it. So I don't-- there's a lot of people.

All this good people.

In a place short of parks.

What this says is a reasonable warning or request. It's-- in many situations, you have to have a reasonable warning or request. This way you could charge them immediately without a warning, but you don't have to, so it's just a-- it's an option as opposed to requirement. So if the rule of thumb at that park is that they never enforce it, they're still never going to enforce it.

That's-- these days, you never know. It just depends on the humans in that position.

It depends on the--depends on the police officer, yep.

So no-- no to that. Thank you.

Okay. Other questions or concerns? If not, Senator Gabbard.

On SB 2611: to pass unamended this recommendation. Are there any no votes or reservations?

No.

Senator Awa is no. Measure's adopted.

Okay. Next up is SB 2665; requires applicants for driver's license renewals who have received a traffic citation infraction within the previous five years to complete an educational course that includes a road safety video developed by the Department of Transportation, a written road safety examination. Recommendation on 2665-- why don't we just-- why don't we skip over that one for the moment and then we can figure out-- I think it was the one on--

We're going to put that to the end of-- 2665 to the end of calendar. So next up is SB 2667. This restricts motor vehicles that tow a motor vehicle or trailer from the far left lanes on roads with three or more lanes going in the same direction with exemptions. Recommendation here is to pass as is. Questions or concerns? If not, Vice Chair.

On SB 2667, the recommendation's to pass unamended. Any no votes or reservations?

No.

No vote for Senator Awa.

The measure is adopted.

Okay. Thank you. Next up is SB 2695; clarifies a driver's obligations at crosswalks, requires drivers to stop and remain stopped for pedestrians in crosswalks. Recommendation on 2695 is to pass unamended. Questions or concerns?

Concern. Just about the number of people that'll be getting fined-- if we do enforce this, the number of people that'll be getting fined $250, it's a big fine, and, you know, right outside the capital, I don't know if it's still out there, but there was that kind of ticker of how many people stop for pedestrians, and it wasn't that high. I think it was 60, maybe 70%. So that's a lot of people that's been paying money. Very concerned about the offense. I understand the safety issue.

Senator, there's been a lot of people killed in crosswalks, too, so. Any other questions or concerns? If not, Senator Gabbard.

On SB 2695, recommendation's to pass unamended. Any no votes or reservations?

No.

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

Thank you. Next up is SB 2697; prohibits vehicles from driving on the shoulder of a roadway except in certain circumstances. Recommendation here is to go ahead and pass it as is. Questions or concerns?

Again, concerned with the fines.

Okay. Any others? If not, Senator Gabbard.

Recommendation's to pass SB 2697 unamended. Any no votes or reservations?

No.

No.

No vote for Senator San Buenaventura and no vote for Senator Awa. The measure is adopted.

Thank you. Next up is SB 2713, beginning on 1st of January 2027; prohibits the application of restricted-use pesticides within half a mile of elderly healthcare facilities with certain exceptions. So Senator Gabbard, as chair of the prior committee, there were a couple of amendments suggested by the American Chemical Society. Did you have a chance to look at those and did you want us to put them in, or you just want to move it on?

Let's just move it on.

Okay. So that would be as is, then. Questions or concerns? If not, Senator Gabbard.

On SB 2713, the recommendation's to pass as is. Are there any no votes or reservations? Measure's adopted.

Okay, thank you. Next up is SB 2730; establishes factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations. Recommendation is to go ahead and move it forward. It's got a bad date already but I would like to change the requirement on the-- we prohibited the last four digits of the arrestee Social Security Number from being given to the police officer.

And I agree with the Police's-- I think it was Police's testimony that says it makes it very difficult to cross-reference someone who's getting a citation with prior convictions or arrests or outstanding warrants. And, then we'll also require the citations to be included in the person's criminal record.

Concerns expressed of citations would not show up anywhere if they weren't actually arrested, so I think it is fair to have people who are being accused of breaking the law to have that on their record like they do for all other charges and indictments. Questions or concerns? If not, Senator Gabbard.

Sir, is it unamended?

No. Amended.

Amend. The recommendation, SB 2730, is to pass with amendments. Any no votes or reservations? Measure's adopted.

Okay, thank you. Next up is SB 2751. This defines compounded prescription drugs for the purposes of the state's-- state Workers' Compensation Law, limits dispensing of prescription drugs by physician to 30 days after the industrial injury, and requires all prescription drugs be obtained through the employer's pharmacy benefit manager thereafter.

On this one, the HB is moving, and I'm just going to go ahead and wait for the HB, so this one is deferred indefinitely. Next one is SB 2767; clarifies that condominium associations that have obtained title to a unit through foreclosure may retain rental income prior to the appointment of a commissioner. Oh, I'm sorry. SB 2765. What did I say? Nothing. SB 2765 as described, and the recommendation here is to pass unamended. Questions or concerns? If not, Senator Gabbard.

On SB 2765, recommendation's to pass amended. Are there any no votes or reservations?

Oh, hang on one second. Sorry. I'm good. Thank you.

Hearing none, the measure's adopted.

Okay, thank you. Next up is SB 2795. This requires cooperative housing corporations, planned community associations, and condominium association to allow owners to display the Hawaiian flag within the owner's property.

Okay. So recommendation here is to clarify that this is substantial interest that would limit the flying of a flag, that cooperative housing, that all the associations' condos that would be affected by this, they have to document the substantial interest in restricting it, restricting the flying of the Hawaiian flag, and then also change it to specify that if the substantial interest is related to health or safety, the pole height can be lowered or eliminated and the size can be smaller. You could read the bill now. I live in a 40-story tower. We all have lanais.

If you had a 20-foot pole with a 4 by 6 flag hanging out the side of the tower, I think just asking for trouble, so I think there needs to be a carve-out for that. So that's the recommendation. Questions or concerns? If not, Senator Gabbard.

On SB 2795, recommendation's to pass with amendments. Any no votes or reservations? Hearing none, the measure's adopted.

Hearing none, the measure's adopted.

And by the way, we did have prior concurrence from both previous chairs. SB 2797 is next. This establishes a new gift card fraud law. Recommendation here is to pass with an amendment. We'll conform the threshold for Class C felony that's in the bill to the felony theft threshold, which is $750, so with that one change. Questions or concerns? If not, Senator Gabbard.

On SB 2797, recommendation's to pass with amendments. Are there any no votes or reservations? Hearing none, the measure's adopted.

Thank you. Next up is SB 2806. This prohibits real estate brokers from listing or offering the sale or lease of residential real estate to limited or exclusive group of prospective buyers. Recommendation on 2806 is to go ahead and pass it without amendment. Any questions or concerns? Seeing none, Senator Gabbard.

On SB 2806, recommendation's to pass unamended. Any no votes or reservations? Hearing none, the measure's passed.

Thank you. Next up is SB 2812. This requires testing of driver's license applicants on the dangers that larger motor vehicles present to pedestrians and bicyclists; requires persons who commit the offense of excessive speeding or habitually driving while intoxicated to pass a driver license examination for each offense. SB-- let's see.

Recommendation on SB 2012, I'd like to recommend that require that the re-examination in part two of the bill be completed as ordered by the court, so the court will order the timing, and it would be by court order. Questions or concerns? If not, Senator Gabbard.

On SB 2812, the recommendation's to pass with amendments. Any no votes or reservations? Hearing none, the measure's adopted.

Thank you. Next up is SB 2818. This clarifies the penalties for violations of Boating and Ocean Recreation law pursuant to Chapter 200. The recommendation on this one is to move it along. We'd like to add a couple of amendments: define restricted area and define unauthorized conduct. And it does have a bad date, so that would be the recommendation. Questions or concerns?

Concern.

Yes, Senator Awa.

This is very broad. Again, fines justified in my opinion for some of these things, but others shouldn't be included. I can see a lot of people getting hit with this, so no for now on this one. Thank you.

There there are other ways to address some of the serious problems, like boats running aground. That should be a big penalty, killing our reefs, but other things like-- we don't have to spend more time on it, just-- thank you.

Okay.

So my understanding is--and I'm not an expert in this area by any stretch--but my understanding is that a few years ago, these penalties are actually a reversion to what we had before. I think that's-- basically they're the same. Yeah, so--

It feels more targeted at-- okay.

Understood. Other concerns? If not, Senator Gabbard.

On SB 2818, the recommendation's to pass with amendments. Are there any no votes or reservations?

No.

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

Thank you. Next up is SB 2835 relating to liquor encounters in counties of fewer than 2200,000 residents but more than 100,000 exempts the three a temporary license temporary liquor licenses for fundraising events known as Class 10 special licenses from any requirement to obtain fire related clearances and allows I'm sorry also increases the percentage of fines assessed by all county liquor commissions that may be used to Fund public liquor related educational enforcement programs.

Our recommendation is to go ahead and pass it with A defective date 3-22-2075. Questions or concerns if not Senator Gabard.

An SB 2835 recommendation passed an amendment. Any no votes or reservations hearing none the measures adopted.

Okay, thank you. Next up is SB 2849. This requires certain information to begin it to appear at the beginning of notices for public meetings. Recommendation is to just insert, if applicable, a statement of where the board packet, as described in Section 92.7.5, may be viewed in person. Some boards and commissions don't—there's no requirement that boards and commissions supply a packet.

So, we'll just say where there's a packet required, then you have to put it. Then you have to do what the Bill says. Questions or concerns? If not, Senator Gabbard.

[Roll Call]

Okay, thanks. Next up is SB 2851, authorizes deaf motor vehicle owners to register their veh-, their vehicle as being owned by a deaf individual. So that a deafness designation appears when a law enforcement officer accesses the motor vehicles information. Recommendation here is to pass as is. Questions or concerns? If not, Senator Gabbard.

SB 2851, recommendation is to pass as is. Any no votes or reservations? Hearing none the measure is adopted.

Thank you. Next up is SB 2896. This lowers the age of who may drive commercially within the state from 19 to 18. Repeals the requirement the person only operates Category 3 vehicles to qualify to drive commercially in the state. Our recommendation here is to pass as is. Questions or concerns? If not, Senator Gabbard.

On SB 2896, recommendation to pass unamended. Any no votes or reservations? Hearing none, the measure is adopted.

Okay, thank you. Next up is SB 2922, clarifies that cooperative associations, organized under Chapter 421c, may include multi stakeholder cooperatives, producer cooperatives, worker cooperatives and consumer cooperatives. Recommendation here is to pass with some text. I'm go ahead and put a bad date on it, March 22, 20- I mean 20. Yeah, 2075.

And in the Committee report, just point out the Business Registration Division's testimony for additional suggestions on where future committees may want to go with this bill. Questions or concerns? If not, Vice Chair.

On SB2922, recommendation is to pass with amendments. Any no votes or reservations? Hearing none, the measure is adopted.

Thank you. Next up is SB 2970. This prohibits a state agency from entering into any contract to procure, dispose of goods or services, or for construction with any business that is owned or operated on which a controlling interest is held by a relative or household member of a director, deputy director of a principal state department. Recommendation here is to pass as is. Has a bad date already. Questions or concerns? If not, Senator Gabbard.

Recommendation on 2970 is to pass as is. Any noes? Reservations? Hearing none. The measure passes.

Thank you. Next up is SB 2972. This temporarily prohibits the taking by spearing of...or Kala in state marine waters around the island of Oahu until the Division of Aquatic Resources...Marine Initiative processes process adopts applicable regulations. Recommendation is to pass as is. It does have a bad date already. Questions or concerns? If not, Senator Gabbard.

[Roll Call]

Thank you. Next up is SB2973. This prohibits the use of jug line fishing and other jug rig variant fishing methods in state waters. Recommendation here is to pats as is noting that it has a defective date already. Questions or concerns?

Concern.

Yes, Senator Awa.

This is definitely an issue, but I don't think that this is the way to go about. I just don't think this is the best way to go about stopping fishermen from getting their lines hooked on turtles or whatever else it may be. I think there's a better way.

Okay, understood. Thanks. Any other questions, concerns, comments if not Senator Gabbard.

[Roll Call]

Okay. We have one Bill that I put off to the end. Okay. Figure this out.

Okay. We're going back to SB2665. This requires applicants for driver's license renewals who have received a traffic citation infraction within the previous five years to complete an education course that included a road safety video developed by the Department of Transportation. Discussed it with the previous chair.

I think what we'll do is I'll suggest amending it to have the drive the the educational course only triggered by. Moving moving violations categories. Yeah, let's. Let's just go. It's only triggered by moving violations. There's a bunch of different violations you can get.

And that seems like the one that's most relevant to having some re educate some refresher course on what you're supposed to do. Questions or concerns?

Again, unknown would be the concern of how we implement that. And do we think that it'll actually educate people? This would be an online course that you could just zoom right through, get your credit. So that's my concern. Understood.

Other concerns or questions? If not Senator Gabbard.

[Roll Call]

All right, Members, that brings us to the conclusion of this agenda. Tomorrow we have 34. So, yeah, we have one joint, a fairly long one joint with Ways and Means. We have another one of our own, and then one joint with cpn. So look forward to seeing you tomorrow. Mahalo for being here. We're adjourned.