Senate Standing Committee on Judiciary

Okay. Calling to order. Joy. Joy, you heard? Okay. Calling the Joint Committee on Ways and Means and Judiciary to order. This meeting, including the audio and video remote participants is being streamed live on YouTube. You will find links on to viewing options on our Senate meetings on our live and on demand page of our website.

In the event we have to end this hearing, the Committee reconvene to discuss any outstanding business on Thursday, March 5 noon in room 211. This is for decision making only. No oral testimony will be taken. If you're interested in reviewing the written testimony, please go to our website.

You'll find a link on the status page of each measure. Okay. First item. SB 2080. Recommendation is to pass an amendment. Any discussion?

Extent recommendation for JDC Members on SP2080 relating to the psychology inter Jurisdictional compact. Any questions or concerns, sir? Senator Awa.

Unpopular take on this table. But according to the testimony, people are starting to catch on to these compact deals being made here. My first year we saw it with the nurses and then we see nurses strikes. Then we saw it with accountants. Now we see it with psychologists. And it just.

Our opinion on this is we shouldn't have to look outside and open up our local jobs to out of state residents to come in and influence local residents to possibly leave. We should try to help our own here. Thank you.

Thank you. Any other comments or concerns? If not Senator Gabbard for the vote

for JDC on SB 2080 recommendations. Pass on a miniature. Rhodes Aye. Dr. Wood. Sigh. Senator Chang. Aye. Senator Sanator Wa. No measures adopted.

Thank you. Next item. SB 2114 recommendation is to pass with amendments. We're going to take language from testimony on the first paragraph of page two to read.

Any employee who is a Member of an appropriate bargaining unit shall be allowed to grieve any disciplinary action, including but not limited to a suspension or disciplinary discharge unless the collective bargaining agreement specifically provides otherwise. Any discussion? Not sure. Votes I.

All Members present. Anyone voting no with reservations. Recommendation is adopted for JDC Members.

Same recommendation on SB 2114 relating to collective bargaining. Any questions or concerns? If not Senator Gabbard

With all Members present for JDC. Any no votes or reservations hearing None. The measures adopted.

Thank you. Next item. Senate Bill 2178. Recommendations to pass unamended Any discussion? Not chair votes aye.

All Members present. Anyone voting no with reservation recommendation is adopted.

Same recommendation for JDC Members on SB2178 relating to industrial hemp questions or concerns. If not vice chair

With all Members present. Are there any no votes or reservations hearing? None. The measures adopted.

Thank you. Next Item, Senate Bill 2601. Recommendation is to pass with amendments amending the language to reduce the first offense to a petty misdemeanor and retaining the misdemeanor charge for all subsequent offenses.

And can we take out the language that says the it will only be enforced for egregious violations because the courts will have a hard time with that.

Yeah, I thought that was out.

I'm not sure it was. I think that's what you intended, but I just want to be sure.

Oh, yes.

Yeah. We can just clarify that. That's okay. Thank you. Okay. Any discussion? If not chair vot all Members present.

Anyone voting no with reservation recommendations adopted.

Same recommendation for JDC on SB2601 relating to procurement questions or concerns. If not Senator Gabbard,

Any no votes or reservations adopted.

Thank you. Next item, SB 2698. Recommendation is to pass with amendments. Risk defecting the Tate 2050. Any discussion? Not sure. Both sides.

All Members present. Anyone voting no with reservation recommendation adopted.

JDC Members on SB2698 relating to cruise ships or relating to transportation. And Same recommendation. Any questions or concerns? if not vice chair

Any no votes or reservations. The measures adopted.

Thank you. Next item, SB2757 Recommendation is to pass with amendments. Blank the appropriation. Change the means of financing in the appropriation section to the compliance resolution Fund. Any discussion? Vice chair vote.

All Members present. Anyone voting no with reservation recommendation is adopted.

Same recommendation for JDC on SB 2757 relating to digital asset charters. Questions or concerns? If not Senator Gabbard

Any no votes or reservations hearing? None. The measures adopted.

Thank you. Next Item, Senate Bill 2948. Recommendation is to pass with amendments changing the means of financing in the appropriation section to the compliance resolution file. Any discussion? Not sure. Vote.

All Members present. Anyone voting no with reservation recommendation is adopted.

Same recommendation for JDC Members on SB 2948 relating to insurance fraud. Any questions or concerns? If not Senator Gabbard,

any no votes or reservations hearing on the measures adopted. Okay. Next.

Next up is SB 2002 relating to water. Allows the Commission on Water Resources Management to retain independent counsel. Repeals the first deputy to the chairperson of CWORM Establishes Executive Director of cworm. Recommendation is to pass with non substantive, technical, technical, non substantive amendments and make the Bill effective on March 222075. Questions or concerns if not Senator Gabbard

for JDC any no votes or reservations hearing none.

The measure is adopted Ways and Means same recommendation.

All Members present anyone voting no with reservations. Recommendation is adopted.

Next up is SB 2022 relating to the state water code. To state water code penalties allows a ma adds a minimum penalty and maximum penalty per violation of state water code. Recommendation here is to pass as is. Questions? Concerns if not Senator Gabbard,

Are there any no votes or reservations hearing none of the measures adopted.

Thank you. Ways and Means same recommendation.

All Members present anyone voting no with reservation recommendation is adopted.

Thank you. Next up is SB2117 relating to Hawaii Employer Union Health Benefits Trust Fund. Allows impasses and disputes relating to the amounts state and county contributions to the Hawaii Union Hawaii Employer Union Health Benefits Trust Fund resolved by arbitration. Recommendation here is to pass unamended questions or concerns seeing none. Senator Gabard

any no votes or reservations none of the measures adopted

Ways and Means same recommendation.

All Members present anyone voting no reservation Recommendation is adopted.

Thank you. Next up is SB2190 relating to inclusionary zoning. Prohibits any law, ordinance or rule from imposing an exclusionary zoning requirement on housing offered exclusively for sale or rent in perpetuity by to buyers or renters who are residents of the state, are owner, occupants or renters and do not own any other real property.

Recommendation is to pass with A defective date March 22, 2075. Questions or concerns? If not Senator Gabbard

Any no votes or reservations hearing none of the measures adopted.

Same recommendation, Ways and Means.

All Members present anyone voting no with reservation recommendation adopted.

Thank you. Next up is SB2277. This is relating to hospital price transparency. Recommendation is to pass unamended. I would like to include some Committee language on multiple problems with the US Healthcare system, including lack of price transparency, but that will be just in the Committee report, so it's unamended. Questions or concerns if not Senator Gabbard,

any no votes or reservations adopted.

Same recommendation. Ways and means.

All Members present anyone voting no with reservation recommendation adopted.

Okay. Next up is SB2387 relating to digital financial asset transaction kiosks. Recommendation is to pass as is. I would like to put in community language some points raised by Hilt Ventures testimony specifically having to do with the distinction between new and new and user people who have been using the kiosks for a Longer period of time.

But that's just the Committee report. So unamended questions or concerns. If not Senator Gabbard,

any no votes or reservations hearing none of the measures adopted.

Same recommendation, Ways and Meets.

All Members present. Anyone voting no with reservation, recommendation adopted.

Thank you. Next up is SB 2567, relating to petitions to temporarily restrain and enjoin harassment of an employee. Recommendation here is techs only. Questions or concerns? If not, Senator Gabbard.

Any no votes or reservations? No vote for Senator Awa. The measure is adopted.

Same recommendation, Ways and Means.

All Members present. Anyone voting no? With reservation? Recommendation adopted.

Thank you. Next up is SB 2688, relating to compassionate release. Has a defective effective date and would like to pass it unamended. Questions or concerns? If not, Vice Chair.

Any no votes or reservations? Hearing none. The measure is adopted.

Same recommendation, Ways and Means.

All Members present. Anyone voting no? With reservation? Recommendation is adopted.

Thank you. Next up is SB 2885, relating to biosecurity. Beginning on the 1st of January, 2027, establishes mandatory handling and storage rules for commercial and residential coconut rhinoceros beetle host material. Recommendation here is to pass unamended. Questions or concerns? Seeing none. Vice Chair.

Any no votes or reservations? Hearing none. The measure is adopted.

Same recommendation, Ways and Means.

All Members present. Anyone voting no? With reservation? Recommendation is adopted.

Thank you. Next up is SB 3000, relating to insurance. Authorizes the Attorney General to bring a civil action in the name of the people of the state against any responsible party to recover certain costs or obtain certain relief, including costs and losses incurred by the Hurricane Relief Fund. I'd like to remove the savings clause. Other than that, that's the only amendment. Questions or concerns? If not, Senator Gabbard.

Any no votes or reservations? The measure passes.

Okay. It sounds like Members had some concerns. So any discussion on Ways and Means? If not... If not... Yeah. Okay. So same recommendation, Ways and Means.

So I'm going to go through the vote. [Roll Call] Okay. Recommendation is not adopted.

Okay. Next up is SB 3132, relating to syndromic... I looked this up in the dictionary the other day. It's either syndromic or syndromic, so take your pick. Requires hospitals with emergency departments that are licensed in the state to submit syndromic surveillance data to the Department of Health.

Authorized Department of Health to establish by administrative rule a syndromic surveillance system under state jurisdiction that is independent of federal systems. Recommendation is to pass unamended. Questions or concerns? If not, Senator Gabbard.

Are there any no votes or reservations? Hearing none. The measure is adopted.

Same recommendation, Ways and Means.

All Members present. Anyone voting no? With reservation? Recommendation adopted.

Okay, thank you. Next up is SB 3133, relating to preventive medicine. Establishes the Hawaii Preventive Services Advisory Committee and authorizes Department of Health to issue preventive service recommendations. I would like to delete language that states that the advisory board members shall not be deemed officers or employees of the state. That's... I have this right.

That's already the regular rule. Okay, so it's the language. This isn't necessary. We'll keep the language stating that they are subject to Chapter 84, which is the ethics code, which is also the regular rule, but we'll make it explicit. And I'd like to delete subsection D on immunity for the committee members and DOH.

They will be subject. This will... This will make them subject to the usual liability standards that boards and committees have. But providers will still have the immunity protection on page six. Questions or concerns? If not, Vice Chair.

Any no votes or reservations? No vote for Senator Awa. The measure is adopted.

Same recommendation, Ways and Means.

All Members present. Anyone voting no? With reservation? Recommendation is adopted.

Thank you. Next up is SB 3219. This proposes an amendment to the constitution to expressly provide that the Legislature may authorize political subdivisions such as the counties to issue housing infrastructure growth bonds. Recommendation is to pass as is. Questions or concerns? If not, Senator Gabbard.

Any no votes or reservations? Hearing none. The measure is adopted.

Same recommendation, Ways and Means.

All Members present. Anyone voting no? With reservation? Recommendation is adopted.

Okay. And I believe this is the last bill, SB 3294 relating to wrongful imprisonment and compensation for wrongful imprisonment. Recommendations to pass with an amendment, we'd like to add a provision that prohibits the AG from offsetting third party claims, i.e. no offset for an award an exoneree might get from the county or vice versa.

Specify that any award under 6621b is only to settle claims with the state. If the exonerees have claims against other parties, they would have to settle those, pursue those and settle those separately. Questions or concerns? If not, Senator Gabbard.

Any no votes or reservations? Hearing none, the measure is adopted.

Same recommendation leads and means.

All Members present. Anyone voting no with reservation? Recommendation adopted.

Believe that's it. Okay.

Calling to order the 10:31 agenda. First item, SB 17. Recommendation is to pass with amendments. Add a new section to amend Act 302, Session Laws of Hawaii 2025, Section 18 to amend four FTE positions in fiscal year 26 and fiscal year 27 with blank appropriation. Any discussion? If not, Chair votes aye.

All Members present. Anyone voting no? With reservation? Recommendation adopted.

Thank you. Next item, Senate Bill 2089. Oh, sorry.

Fevella is excused. Sorry.

Okay. Recommendation is to pass unamended. Any discussion? If not, Chair votes aye.

All Members present. Anyone voting no? With reservation? Recommendation is adopted.

Thank you. Next Item, Senate Bill 2321. Recommendation is to pass unamended. Any discussion? If not, Chair votes aye.

All Members present. Anyone voting no? With reservation? Recommendation is adopted.

Thank you. Next Item, Senate Bill 2401. Recommendation is to pass an amended. But what at the Committee report reflect the Attorney General's comments. Any discussion?

I'm going to be voting with reservations on this.

Note chair votes aye.

All Members present. Anyone voting no? With reservation for Senator Richards. Anyone else? Recommendation adopted.

Thank you. Next item, Senate Bill 2407. Recommendation is to pass with amendments removing sections one through four in the bill. Any discussion? If not, Chair votes aye.

All Members present. Anyone voting no? With reservation? Recommendation adopted.

Thank you. Next Item, Senate Bill 2811. Recommendation is to pass with amendments. Adopt the proposed amendment from the Disability and Communications Access Board that any recommendations the task force develops must reflect the requirements under HRS 103-50. Any discussion? If not, Chair votes aye.

All Members present. Anyone voting no? With reservation? Recommendation adopted.

Thank you. Next item, Senate Bill 2816. Recommendation is to pass unamended. Any discussion? Chair votes aye.

All Members present. Anyone voting no? With reservation? Recommendation is adopted.

Thank you. Next Item, Senate Bill 2892. Recommendation is to pass unamended. Any discussion? Chair votes aye.

All Members present. Anyone voting no? With reservation? Recommendation adopted.

Can we add pigs to it too? Let me add pigs.

Next item, 2907. Recommendation is to pass unamended. We'll let the committee report reflect the Governor's testimony that recommends the new Office of Marine Affairs to be housed within HTDC.

Pass with amendments?

Pass unamended. Any discussion? If not, Chair votes aye.

All Members present. Anyone voting no? With reservation? Recommendation adopted.

Thank you. Next item, Senate Bill 2930. Recommendation is to pass with amendments. Inserting blank appropriations out of the State Risk Management Revolving Fund. And for DOE, the rebuilding of King Kamehameha III Elementary School.

For DOT, the rebuilding of the King Kamehameha III Elementary School Roadway. HPHA, for the rebuilding of the David Malo Circle and Piilani homes. For DLNR, the rebuilding of Lahaina Small Boat Harbor. For State Libraries, the rebuilding of the Lahaina Public Library. And inserting a provision that funds allocated to all departments will not be available until all project costs are available. Any discussion? If not, Chair votes aye.

All Members present. Anyone voting no? With reservation? Recommendation is adopted.

Thank you. Next Item, Senate Bill 3084 recommendation is to pass unamended. Any discussion?

Not sure what time all Members present anyone voting no with reservation recommendation

Item Senate Bill 3103 recommendation is to pass with amendments affecting the date to 2050. Any discussion? Chair votes aye

All Members present anyone voting no? with reservation? recommendation is adopted.

Thank you. Adjourned.

Calling the 1032 agenda to order. First item, SB 2808 recommendation is to pass through the amendments, add a blank appropriation out of the trust Fund for the Department of Budget and Finance to use for for defeat and require the the Department of Budget and Finance to consult with a qualified bond council prior to defeasance. Any discussion? If not Chair Votes Aye

Members present Anyone voting no with reservation recommendation is adopted.

Thank you.

Next with amendment.

Recess.

They're calling meeting. Back to order. Next Item, Senate Bill 2921 recommendation is to pass with amendments we're going to adopt the AG suggested amendments to add language on page two clarifying the legal authority of the BNF Director to transfer funds.

We're going to adopt amendments from the Attorney General to remove all funds listed in their testimony and updating the NEHA Special Fund adopting amendments from the Judiciary to remove the Spouse and Child Abuse Special Account Court Interpreter Services Revolving Fund, Judiciary Computer System Revolving Fund and Indigenous Legal Assistance Fund and the Driver Education and Training Fund will adopt language from the Department of Human Services Amendments to remove the Nursing Facility Sustainability Fund, Hospital Sustainability Program Special Fund, the Randolph Shepherd Revolving Account Spouse and Child Abuse Special Fund and the Accessible Parking Special Fund and how and the Housing for Elders Revolving Fund adopting DoH's amendment to remove the Hawaii Tobacco Settlement Special Fund Making Underground Storage Tank Fund, Newborn Metabolic Screening Special Fund and the Domestic Violence and Sexual Assault Special Fund Birth Defect Special Fund Accessible Parking Special Fund and the Hawaii, Oregon and Tissue Special Fund Adopting Department of Corrections and Rehab amendments to remove the Crime Victim Compensation Special Fund Automated Victim Information and Notification Special System Special Fund, Federal Reimbursement Maximization Special Fund and Correctional Industries Revolving Fund adopting doe's amendment to remove the Felix Stipend Program Special Fund and the School Best Fair Revolving Fund, Commercial Enterprise Revolving Fund, out of School Time Instructional Program Fund and Special School Special Fee Revolving Fund adopting D's amendment to remove the wildlife revolving Fund adopting OPSD's amendment to remove the brownfields cleanup revolving Fund adopting UHA's amendment to remove the center for Nursing Special Fund, removing the Internet Crimes Against Children Special Fund and the Mass Transit Special Fund and adding the following funds Library Fee for Enhanced Services Special Fund, Water and Land Development Special Fund and Dam A Pertinence Improvement and Removal Grant Program.

Any discussion? If not Chair Votes Aye

Anyone voting no with the reservation? Reservations? Reservation for Senator Richards. Anyone else?

Reservations. And with regards to the concerns I have with adding the Water and Land Development Special Fund with reservations.

Anyone else? Okay, recommendation adopted.