Senate Standing Committee on Judiciary

Okay, welcome everyone to. We have four agendas today at all. Four of them are decision making only agendas for the Judiciary Committee this morning, Thursday, March 5th. We'll go ahead and start with the first one, which is our 10 o' clock agenda. This is Senate Bill 2151.

This clarifies state and local authority during a state or local state of emergency. Defines severe weather warnings. Amends the definitions of disaster and emergency to limit the use of emergency powers except to address sudden events that cause. Are likely to cause catastrophic harm or immediate danger.

Allows the Legislature to terminate a state of emergency and city councils determinate a local state of emergency. Having discussed this with the prior Chair, my recommendation will be. And she's agreed to it to go back to the, the definition that was in the. As introduced bill which just left.

The, the real crux of it is that the, the changes made at PSN made it so that the, the.

Can you please kind of very.

Can you hear me? Yes. Okay. Sorry. The, the big change is that the, the, the SD one had a narrower definition of what an emergency is. So we're going back to the definition that we've been using for years, which is a broader one. There's some argument about whether what it should be.

But we will also put a bad date on it on March 22, 2075 to continue that discussion. Members questions or concerns. If not Vice Chair.

On SB 2151, the recommendations to pass with amendments. C[Roll Call] The measures adopted.

Okay, thank you. That is our 10 o'clock agenda. Next up is our 10:01 agenda. And it is 10:01. I don't, I, I don't know what you're here for, so I don't know if you're done or not. And I'm sorry, I tried to explain before, but I, I actually have a hearing I'm supposed to run here.

Okay, people, you, you do have say on it. You've had say on it through the entire process. You can.

Last time you didn't let us speak either and we have things to do.

Okay, then I would suggest that you go ahead and do them because we're moving on to the, the 10:01 Agenda now. Thank you. First, first up on SB, first up on SB. First up on the 10:01 Agenda is SB 3055.

This prohibits a person from falsely impersonating an employee organization representative, establishes a cause of action and penalties for violation. That's probably okay Recommendation here is to pass with amendments. Since you. Since you can already get damages, punitive damages and injunctive relief, let's remove. I'm going to remove liquidated damages. Any questions or concerns?

If not Senator Gabbard.

It's with amendments?

With amendments.

Recommendation on SB3055 is to pass with amendments. With all Members present. Are there any no votes or reservations? Hearing none. The measures adopted.

Thank you. Next up is SB3067. This removes outdated requirements and formats for plans filed with the registrar's office. Updates permissional drawing skills used in plans. Recommendation here is to pass with technical amendments only. Questions or concerns? If not Vice Chair.

On SB3067 and recommendations to pass with amendments. Any no votes or reservations hearing none. The measures adopted.

Thank you. Next up is SB3077. This adopts the Uniform Health Care Decisions act as modified to replace existing chapters related to advanced healthcare directive directives and advanced mental health care directives. The recommendation here it already has a bad date and so just technical technical amendments only. Questions or concerns? If not Vice Chair.

On SB3077 the recommendations to pass with amendments. Any no votes or reservations? No vote for Senator Awa. The measures adopted.

Okay, thank you. Next up is SB3083. Requires notification of the security forces of each branch of the military when a proact a protective order is issued in case in a case involving a military affiliated individual with the prior concurrence of the two previous Chairs.

We'd like to adopt the Judiciary macdon organ macro amendments to narrow notice to just a designated military security force because the person would only be from one branch and. And that's it. Questions or concerns? If not Vice Chair.

On SB3083. Recommendations to pass with amendments. Any no votes or reservations? Hearing none. The measure is adopted.

Thank you. Next up is SB3118 relating to the Internet. I'm sorry Interstate Compact on educational opportunity for Military children. Our recommendation here is to pass as is. Questions or concerns? If not Vice Chair.

On SB3118. Recommendation to pass as is. Any no votes or reservations? Hearing none. The measures up.

Thank you. Next up is SB3131. This update state position titles by changing private Secretary to Executive Assistant and Secretary to Administrative Assistant where applicable. The recommendation here is to pass with technical amendments only. Questions or concerns? If not Vice Chair.

On SB3131. The recommendation passed with amendments. Any no votes reservations? Hearing none. The measure passes.

I'm sorry. I'm happy to talk to you afterwards. But we're in the middle of a hearing, so we're going to go on with the hearing. SB3134 relating to emergency medical systems of care. Sorry. Modernizes the state's emergency medical services statutes to align with current best practices. This is SB3134.

Recommendation here is to pass with technical amendments only. Questions or concerns? If not Vice Chair.

On SB3134. Recommendations to pass with amendments. Any no votes or reservations? Hearing none. The measure passes.

Okay, thank you. Next up is SP3134. This establishes the offenses of dangerous intoxication and habitual dangerous intoxication. Provides for civil protective custody and transport for emergency examination under section334. 45. The recommendation here is to pass with technical amendments only.

Questions or concerns? Seeing none. Vice Chair.

On SB3142. Recommendations to pass with amendments. Any no votes or reservations? Hearing none. The measure passes.

Thank you. Next up is SB3144. This repeals the Hoisting Machine Operators Advisory Board. Recommendation here is to pass unamended. Questions or concerns? If not Vice Chair.

On SB3144. Recommendations to pass unamended. Any no votes or reservations? Hearing none. The measure passed.

Thank you. Next up is SB3152. This renames the Harbors Division of the Department of Transportation to the Commercial Ports Division and distinguishes between between the terms harbor and commercial ports throughout the statutes. Recommendation here is to pass with text only. Questions or concerns? If not Senator Gabbard.

On SB 3152. Recommendations are passed with amendments. Any no votes or reservations? Hearing none. The measure passes.

Thank you. Next up is SP 3154. This authorizes Department of Transportation to assume responsibilities under the National Environmental Policy act of 1969 for highway projects. Recommendation here is to pass with text only. Any questions or concerns? If not Senator Gabbard

SB3154. Recommendation pass with amendments. Any no votes or reservations? Hearing none. The measure passes.

Okay. Next up is SB3249. This requires the forfeiture of half of the cash or protest bond for review of procurement related disputes. Recommendation is to pass as is. It already has a bad date. There are still some issues to be worked out there, but we're not going to try to do it today. Questions or concerns? If not Vice Chair.

On SB3249. Recommendations to pass unamended. Any no votes or reservations? Reservations for Senator San Beuenaventura. The measure is adopted.

Thank you. Next up is SB3251 this prohibits the Department of Law Enforcement, Department of Land and Natural Resources, Department of Taxation and Department of the Attorney General from appointing or employing former United States Immigration and Customs Service or Border Patrol agents. The recommendation here is to pass with amendments with prior concurrence from earlier chairs.

We're going to change it to Anyone who's worked for Ayes or Border Patrol for more than 90 days cumulatively between January 1, 2025 and December 31, 2028 is not eligible to work in the law enforcement agencies listed in this bill and it does have a bad date. Questions or concerns? If not Senator Gabbard.

SB 3251 the recommendations to pass with amendments. Any no votes or reservations? No vote for Senator Awa. Reservations for Senator San Buenaventura The measure is adopted.

Okay. Next up is SB3262. This requires that the Hawaii State Teachers Board submit three nominees for its Executive board of the Board of Education. Recommendation is to pass it with a defective an amendment to make it amend it to have an effect defective date so March 22, 2075.

That's the, that's the, that's the only amendment. Questions or concerns? If not Vice Chair.

On SB3262 recommendations passed with amendments. Any no votes or reservations? Hearing none. The measures adopted.

Next up is SB3315. This allows applicants or primary caregivers to make a one time purchase of medical cannabis after the submission of the applicant certification form while waiting for confirmation and registration from the Department of Health. Recommendation year. Is to amend it and just put on a bad date March 22, 2075.

Questions or concerns? If not Vice Chair.

SB3315 Recommendations of pass with amendments. Any no votes or reservations? Hearing none. The measures adopted.

Thank you.

Next up is SB3322 relating to law enforcement. This prohibits with certain exceptions, the use of facial coverings and requires visible identification by law enforcement officers and their vehicles in the performance of their duties. Require state and county law enforcement agencies to establish policies regarding state and county corporate cooperation with federal civil immigration enforcement.

Recommendation here with prior concurrence is to pass with amendments Would like to drop the affirmative defense provision. We'll make the mask penalty a misdemeanor. Tracking the language of Senate Bill 2203, which this Committee passed out a few weeks ago.

Basically it would say that somebody in a group always someone in an law enforcement group always has to be unmasked.

You can have masked officers, but somebody has to be unmasked within sight of of all the other officers and the we'll accept the amendments that would worked out with HPD and the Department of Law Enforcement having to do with undercover work and preparation for undercover work and some other provision but we'll be tracking the language of SB2203.

Then we'll in place replace the interrogation definition to question the person in a manner with to question a person who has stopped, detained or arrested in a manner and will lower the class C penalty in the bill to a misdemeanor and it will not has a bad date or not I'm put a bad date on it too March 22, 2075 Questions or concerns? If not Senator Gabbard.

SB3322 Recommendations to pass with amendments. Any no votes or reservations? No vote for Senator Awa. The measure is adopted.

Okay thank you Members. We'll move on to our what was the 10:01 agenda 2 agenda first up on the 10:00 first and only on the 10:02 agenda is this the reconsideration? Okay, first up is 2471 sorry, first first and only 2471 relating to powers of artificial person persons.

This reaffirms that we heard this bill earlier and our delayed decision making on at the time reaffirms that artificial persons. I'm sorry, no, we did not hear this bill earlier.

We delayed decision making on an earlier decision making agenda reaffirms that artificial persons created under state law, such as corporations, LLCs, possess only those powers that are necessary or convenient to carry out lawful business and charitable or organizational purposes. Recommendation here is to pass with some amendments. We do have a prior concurrence on this one as well.

We'll reinsert language that applies the prohibitions to foreign corporations doing business on Hawaii. A foreign corporation means any entity not organized under state law. So not necessarily out of state. I'm not out of the country, but just out of state. The State can and does reg regulate these foreign entities.

If the State did not extend the prohibitions to foreign corporations, they would have an advantage over Hawaii based corporations on election matters.

Specifically, a paragraph will be inserted in five parts of the Bill that states the following A foreign corporation is authorized to transact business, is otherwise transacting business, or holds property in the State is subject to this section.

A foreign corporation that directly or indirectly undertakes, finances or directs election activity or ballot issue activity in the State shall be conclusively deemed to be transacting business in the state. Questions or concerns? Seeing none. Senator Gabbard.

On SB2471 the recommendation is to pass with amendments. Are there any no votes or reservations? Hearing none. The measures adopted.

Okay, thank you.

Moving on to the the our last agenda which is 10:05 agenda. This is has SB 2057 this prohibit. Oops, that's the wrong this is the yes 2057.

This prohibits law enforcement officers from using any personal personnel or funds originating in the state to assist or facilitate conduct by federal immigration agents that exceed their law enforcement duties or authority.

Prohibits law enforcement officers from assisting or cooperating with or allowing resources to be used to facilitate federal immigration agents engaged in operations that target individuals or entities for activities protected by the First Amendment in the United States. But it does require state law enforcement agencies to cooperate where federal law requires it.

Okay so this is a reconsideration of a so the first time we'll be reconsidering our vote earlier. The reason I'm reconsidering It was about 20 minutes after we took our vote. I got prior concurrence from all the chairs for the amendments that I had hoped to pass. So we will vote again on this one.

But with this set of amendments we'll define the following terms by reference or new definition. Law enforcement officer Federal immigration agents at or near assist facilitate exceeds their law enforcement duty or authority. Will address constitutional concerns by scrubbing language that might be interpreted as obstructing federal activity.

Emphasis will be on doing local law enforcement jobs while assisting federal agencies were required by federal law.

We will enumerate First Amendment activity Local and state law enforcement are tasked with protecting, ie, Non violent protests recording of law enforcement activity unless physically interfering with authorized law enforcement activity speaking law enforcement officers even if it is in in impolite terms and I also note this is not part of the amendments but probably we'll put it in the Committee report that Honolulu anyway is down several hundred officers and they're hardly able to keep up with the their main task of enforcing state and local crimes.

So I think it's unrealistic to expect our local law enforcement officers to help very much with immigration matters. Questions or concerns? If not Vice Chair?

On SB 2057 the recommendation is to pass with amendments. Are there any no votes or reservations? Hearing none. The measures adopted.

All right. Thank you very much. Thank you all for being here. We're adjourned.