Senate Standing Committee on Labor and Technology

Aloha and great afternoon, everyone. Will the committee on labor and technology please come to order? This is our 3PM agenda. We are in Conference Room 225. It's Wednesday, March 18, and this hearing will be streamed live on the Hawaii Senate's YouTube channel.

Just a few housekeeping announcements. In the unlikely case of technical failures, this meeting will reconvene here in Conference Room 225 on March 23, 2026 at 3PM. For all testifiers, including those on Zoom, we ask that you stand on your written testimony. If your oral testimony is different from your written testimony, the time limit for each testifier will be one minute. The content, including the hearing notice, copies of the measures, and testimony can be found on the legislature's website.

If time permits, decision making will occur after we hear from those offering testimony. First up on our list is House Bill 2,271, House Draft two. This is making emergency appropriations for public employment cost items. First up on our list is director Tommy Johnson in support. I don't see him here. Hakeem Onasafi, executive director HPHA in support. K. Standing on testimony support. Thank you, Mr. Park. Online, director Ed Sniffin, DOT.

No present, Chair.

Okay. Thank you, Ricky. And then Kamakana Kaimuloa, UPW.

Aloha, Chair, Vice Chair, Senator Fevella. Kamakana Kaimuloa, United Public Workers. You have our written testimony in strong support of this bill, but we would ask the committee consider the house version of the bill, which would preserve the language regarding the Department of Education. Happy to answer any questions. Thanks for you for the opportunity.

Thank you. That's all I have that's registered to testify in person. The rest that have submitted testimony, members, this is all in support. And to the general public, Luis Olivera from University of Hawaii, Ryan Kanakaole for DLNR, Leanne Gillespie, office of youth services, Keith Reagan Keith a Reagan, controller for DAGS, department of health in support, director Sharon Hurd, department of agriculture and biosecurity, and also from the Health Department, but the behavior health administration in support. That completes our list of registered testifiers.

Oh, and I also have direct, director Seth Colby. BNF, do you wanna testify?

Yes. I'm sorry. I thought we, submitted written testimony, but we

Yes. You did. We have that. But it didn't have it as registered too.

No. We're good.

You're good. Stand on written testimony?

Stand on

Written testimony. Okay. Thank you. I think that's it. Anyone else that wishes to testify on HB 2271, House Draft 2? Okay. If not Members, questions? Okay. If not, we'll move on to our next item, which is House bill 2324, House Draft 2.

This is relating to the Hawaii Occupational Safety and Health Law. And the only registered testifier is Director Butai, DLIR. Aloha. Good afternoon.

Aloha, Chair Elefante, Madam Vice Chair Lamosao, and sSenator Fevella. I'm Jade Butai, director of the Department of Labor and industrial relations. We stand on our testimony in strong support, and thank you for hearing this administrative bill. We've had productive meetings with the operating engineers and agreed that hosting machine operators advisory board is a duplicative requirement. And this measure also aligns the the whistleblower investigation timelines with the federal standards. Thank you for the opportunity to testify. K.

Thank you, Director. That's it on House bill 2324 House Draft 2. Anyone else on this measure? If not, members questions? Hit move on to our next item, which is House bill 2387 House Draft 1. This is relating to workers' compensation medical benefits. And first up is Director Butai, DLIR.

We're standing on our testimony responsibility.

K. Standing on testimony support. Thank you. On Zoom, Gary Lum, Hawaii State Fire Council.

Yes. Good afternoon, Senator Elefante and Members of the Labor and Technology Committee. Gary Lum on behalf of State Fire Council. Apologize for the late submission on our written testimony, but we'll stand on that and I'll be available for questions.

K. Standing in support. Is that correct?

Yes. Correct.

K. Thank you, chief law. That's all I have That's all I have that's registered to testify on this. Members, I'll just say that there are 40 people that are in support of this, zero in opposition and zero comments.

In addition to that, of the 40 people, we also have Bradford K Ventura, Maui Fire Department, Jeremy Irvine for Hawaii Firefighters Association, Tanner Mosher, Maui Division Chair for the Hawaii Firefighters Association Local 1463 and Celeste Nipp for the Hawaii Firefighters Association,

also in support. Anyone else that wishes to testify on House bill 2387 House Draft 1? If not, Members, questions?

K. We'll move on to our next item. This is house bill 2116 house draft two. This is relating to grants. First up on our list is Ray Domingo for OCS. Aloha. Good afternoon, Ray. Good afternoon.

Chair, Vice Chair, and Members of the committee, Ray Domingo, Executive Director, office of community services, Department of Labor and Industrial Relations. I submitted my written testimony in support of this measure. It will assist individuals at risk of losing benefits due to federal requirements. K. Thank you.

Thank you. And if you could stick stick around in case there are maybe follow-up questions. Thank you, director Domingo. Chris Caulfield for Hawaii Public Health Institute.

Aloha, Chair, Vice Chair, and Committee Members. I'm Chris Caulfield, from the Hawaii Public Health Institute. We're in support of this measure. First of all, thank you all so much for the work that you did during the federal shutdown last fall to make sure that SNAP recipients didn't lose

benefits. As you know, HR1 introduced some draconian new eligibility requirements, one of which is this eighty hour per month work requirement that can be filled through traditional jobs but also through volunteer opportunities, which is what this bill would which is what this bill would address.

There's some data from the Department of Human Services we cited in our testimony, but I'd like to just highlight it for you. According to DHS, with regard to the state SNAP enrollee, 16,000 individuals aged 55 to 64 and 10,000 households with a dependent child are gonna be impacted by

some of these requirements. We work with these non profits all the time at the institute. They are able to do this. They are ready to do this.

They want to do this to serve their communities. So we hope that you'll move this measure forward to give them the resources they need to be empowered to serve the vulnerable people who are vulnerable for hunger in their communities. Thank you so much. Okay.

Thank you, Chris. Betty Lou Larsen, Catholic Charities Hawaii. Aloha. Welcome.

Hello, Chair and Vice Chair. I'm Betty Lou Larsen with Catholic Charities Hawaii. We also strongly support this bill, and we appreciate you're hearing it. This, we feel, is a very practical addition to the trichonic changes that are happening in SNAP and Medicaid also. We feel that we have to address this.

It has to be proactive because thousand tens of thousands actually can be affected by this. And it not only affects them, but it affects our health care system, our food system, our food banks. Everyone is affected by this. We personally can be affected by this.

So I just wanna encourage you to take this proactive step and to, pass this measure. Thank you.

Thank you. K. That's all I have listed registered to testify on House bill 2116. I'll just also note members and the public, there are 13 people in support. Those people include Douglas Miller for League of Women Voters offering comments, not support.

The rest are in support. Eric Abe testifying for Hawaii Primary Care Association; Alan Johnson, Substitute Substance Abuse Coalition; Terry George, Hawaii Community Foundation; Brian Baker, Hina Maka; Daniela Espotto, Hawaii Appleseed; Jody Robinson, Forhanu;

Maria Reza Morales, Executive Director for Project Dana; Nicole Wu for Hawaii Children's Action Network; Mike Wynne for Aloha Care and Angie Knight for IHS in support. Anyone else on House Bill 2116 House Draft 2? If not, Members questions? K.

We'll move on to our next item. House bill 1682 house draft one. This is relating to the disclosure of intimate images. First up on our list is on Zoom, Amy Zhao.

Aloha. I'm Amy Zhao, and I'm testifying on behalf of the MOA Alliance in strong support of HB 1682. Image based sexual abuse is a serious violation of dignity, privacy, and safety, yet too many survivors are left without meaningful options for relief. A 2020 AMA study found that one in five adults in The United States had experienced a nonconsensual sharing of a nude image. This harm does not end once the image is posted.

Survivors often face lasting emotional distress, rep reputation damage, fear, and retraumatization. While criminal remedies are important, they're often an inaccessible because of the evidence hurdles and the limited prosecutorial capacity. A civil cause of action would give survivors a more realistic pathway to justice. It'll allow them to pursue damages, attorney's fees, and court orders to stop further distribution and to support image removal. That's kind of relief that matters.

HB 1682 would give survivors a stronger tool to protect themselves and reclaim agency. Please pass this bill, and mahalo for the opportunity to testify.

K. Thank you so much, Amy. Kaitlin Wolff, Uniform Law Commission on Zoom.

Good afternoon, Chairman and Committee. It's a pleasure to be with you. My name is Kaitlin Wolff. I'm testifying in strong support of the bill on behalf of the Uniform Law Commission. The bill addresses the problem of nonconsensual pornography by creating a cause of action,

where is there is an intentional disclosure or threat to disclose a private intimate image of an identifiable individual without that individual's consent by a person who knows or acts with reckless disregard for whether the depicted individual consented to the disclosure, the intimate image was private, and the depicted individual was identifiable, when there is, harm to the depicted individual because of the disclosure.

The bill includes very strong confidentiality protections, to protect the plaintiff through the litigation process, as well as clear exceptions to liability. This is a uniform act that's already been enacted into law in 10 jurisdictions and is pending in three others. Thank encourage your support.

Thank you, Caitlin. Elizabeth Kent for the Commission to Promote Uniform Laws.

Thanks for the opportunity to express strong support for this bill. I'm gonna make three points. First, enactment of this bill establishes the public policy of Hawaii is to protect victims from the nonconsensual release of their intimate images that they had a privacy interest in.

That may deter bad behavior and bring them remedies. Second, the uniform law process for drafting a bill is rigorous and time consuming. Committees strive to find a balance that's acceptable to all parties.

This bill strikes the balance between the right to privacy of intimate images and the first amendment rights. As far as I know, there haven't been any challenges in the 10 states where it's been enacted. And third, because our economy relies heavily on the military and tourism,

and because service members and visitors come and go, it's beneficial to have a law that's uniform between the states for harms that can take place over social media. Thank you.

Thank you so much, Elizabeth. We also have Lynn Costales Matsuko From the sex offender treatment center. Not present on Zoom. K. Thank you, Ricky.

Yasmine Chaney, Executive Director for Hawaii State's Commission on the Status of Woman in support.

K. Thank you in support. Holly Jacobs for the Founder of Cyber Civil Rights Initiative. Aloha. Welcome.

Good afternoon. My name is Doctor Holly Jacobs, and I submitted a written testimony in strong support of this bill. I'm a survivor of image based sexual abuse and the founder of the CCRI. In 2011, while pursuing my PhD, someone posted my private images without online without my consent.

Within weeks, thousands of links dominated search results for my name. Strangers sent graphic messages, contacted my family, and even encouraged others to find me in person. When I asked for help, I was told there were no laws against it. With no way to force the images down,

I had to change my name from Holly Lehiwanani Thomas to Holly Jacobs, Losing my Hawaiian middle name and part of my identity just to have a chance at a career. I founded CCRI to fight this abuse and push back against the harm that wouldn't stop. That's why civil remedies matter.

Criminal laws are important, but they don't stop the harm. Civil law allows victims to force removal, hold perpetrators accountable, and rebuild their lives. It still gives survivors a path to dignity and justice so no one else has to change their name or their life just to survive. Mahalo for your time.

Thank you, Doctor Jacobs. We have Mary Anne Franks on Zoom.

Hi there, Doctor Mary Anne Franks. My testimony in support of this bill, is informed by my work as a first amendment scholar at the George Washington School of Law. It is also informed by my advocacy with the Cyber Civil Rights Initiative where I am serving as the president and the

legislative and tech policy director and my work as the reporter for the Uniform Civil Remedies for the Unauthorized Disclosure of Intimate Images Act on which this bill is based. The nonconsensual distribution of intimate imagery can cause devastating and often irreparable harm,

including suicide, depression, stalking, financial professional reputational ruin. Criminal statutes are very important for deterrence and accountability, but we also need civil remedies, to limit the scope and the impact of these injuries.

This bill is narrowly tailored to further the compelling governmental interests of protecting sensitive private information without chilling freedom of expression. While the first amendment does allow for broad discussion of matters of public interest, it also respects the right to shield

matters of private concern from public view. Like other forms of sensitive personal information such as social security numbers and medical records, This kind of information deserves privacy and can be confidentially disclosed in some context while being protected in others.

Thank you for your time, and I'm happy to answer any questions.

Thank you, Doctor Franks. K. That completes those that have registered to testify on HB1682 House Draft 1, and I'll just list the rest that have submitted testimony in support. There's a total of 14, including those that have testified. We also have the Hawaii woman lawyers.

Angelina Mercado, executive director for Hawaii State Coalition Against Domestic Violence. If your name is called and if you wanted to testify, please let us know. Ellen Godby Carson, Isabella Zingray, Cheryl Bellamy, and Young He Overly, all in support. Anyone else on this measure? K.

If not, Members, any questions? K. If there are no questions, we'll move on to our next item, which is House bill 2468. This is relating to internship programs. First up on our list is Deborah Halbert from the University of Hawaii.

Thank you so much. Testimony and support. Keith Hayashi for DOE or a representative from DOE. Right? Attorney general's office. I have Lian Yamashiro or Lauren Sugai. Hi. Hi.

Aloha, Chair, Vice Chair, and members of the committee. I am deputy attorney general, Lawrence Sugai, and our department has provided comments with the proposed SD 1. A key aspect of our testimony is to clarify contracts with sponsors under the private sector internship program,

specifically section 394-10. Sponsors can either be an employer who trains and supervises an intern, or they can be like a union and function more like a trade organization. Our suggested amendments clarify the two different contracts under this internship program.

The first, if a sponsor is an employer, they should contract as such and receive reimbursement for an intern's wages. Second, if they function more like a trade organization, they should contract as such by providing admin support to employers and helping with internship placements.

Our testimony includes other suggestions to help clarify the bill. My supervisor, Lianne Yamashiro, and I are available for questions. Thank you.

K. Thank you so much. We also have Daintry Bartoldus from Hawaii State Developmental Disabilities Council or representative.

Aloha. My name is Savannah Peskin. I am the Maui program specialist with the Hawaii State Council on Developmental Disabilities here on behalf of our executive administrator, Daintry Bartoldus. We stand on our written testimony in strong support of HB2468 HD1.

Just wanted to add some of my personal experience. I was also an intern with the Heli Moa internship program, and I've since been hired. They liked me so much, which is awesome. But I've been in my current position for around, actually, over a year and a half, and I'm still not qualified.

I am an 89 day hire, so I don't have any benefits. I'm thankful that my family supports me and still gives me health care. Otherwise, not everyone is as, lucky as I am, so I'm very grateful. But it would be very beneficial for our workforce development to support not only people, that have

disabilities, but we have so many vacancies in our state. So thank you so much for this opportunity to provide testimony and strong support. Thank you so much.

Thank you, Savannah. If you could just stick around, if you don't mind, in case there's questions. Yeah. Thank you for your testimony. Thank you. K. We also have Director Hashimoto. Do you hear? Okay. Standing on testimony and support. Thank you. Director Butai, DLIR.

Thank you, Chair, Madam Vice Chair, and Senator Moriwaki, Jade Butai for DLIR. We stand on our testimony in support of the intent and offering comments to improve clarity, consistency, and implementation. Helei Moa internship program was designed to empower Hawaii's youth with real

world experience and pathways to meaningful careers right here at home. When the program was established, we knew it would transform lives, and it has. The legislature's, leadership and commitment has made, real and lasting difference. Thank you.

Okay. Thank you so much. And our last person that's registered to testify is Eric Abe for the Hawaii Primary Care Association in support. Is there anyone else on House Bill 2468 House Draft 1 that wishes to testify? If not, Members, questions? I have a question.

First, I'll start off with Savannah, if you don't mind coming back. Thank you for your testimony. It's it's really neat to see someone that's gone to the and been hired. Yeah. Was your position something that was vacant for a while? Do do you know?

Yeah. So it was actually vacant before the Lahaina wildfires. I was an intern for six months, and then my executive administrator put me in the position after my internship, and the position had been vacant for, correct me if I'm wrong, 3-4 years?

Two and a half years.

Two and a half.

Okay. Okay. And currently, you're still on a 89 day contract.

I've been on it for a year and a half.

Okay. And is is do you know if your position is civil civil service? It is.

Yes. Okay.

Okay. So it's just working through that out to

Potentially get you into that position. Okay. Yeah. Thank you. Any further questions? Thank you so much.

Yeah. Thank you.

I have a question for the Attorney General's office. Deputy Attorney General Sugai? And Deputy Attorney Yamashiro? Hi.

So I don't know if you had an opportunity to look at the Department of Labor Industrial Relations testimony. I know there are some things that overlap and some things conflict. Do you does some of your amendments incorporate some of the concerns that were addressed by DLIR?

Yeah. Yeah. There is some overlap. We just addressed technical amendments, but I believe their overlap is their policy concerns. So Yeah.

Okay. Okay.

Yeah. Yeah.

I think, yeah, we're we're okay with their testimony. We Yeah. Yeah. Okay. If it conflicts, we Yeah. We don't agree with them.

We don't see any, places where where they conflict.

Okay. Thank you.

Thank you.

Any further questions for Attorney General? Okay. And and lastly, we're we're good. Yeah. Thank you. Thank you so much. I have a question for DHRD and DLIR. If you both can come up, please. Sorry. So in the proposed bill, there's a transmittal report to, I think, both of your agencies

who'd but also in addition to that, for criminal background checks, is that a function that DHRD does, or does the agencies do criminal background checks, or could it be both?

So right now, the Heleimua participants, that's who you're referring to.

Correct? Yes.

They are technically employees of the Department of Labor. Department of Labor has those positions. So their human resources office does the onboarding, and they have a direct connection to the Hawaii Criminal Justice Data Center. K. So they do the background checks in their personal office.

K. And is that is that accurate?

We do the background check.

Okay. So it it would it matter if it's DHRD or DLIR in the bill, or do you wanna be more prescriptive on who does

the background checks? It now, and I think we can continue to do it.

Right. There is a if there is an issue, typically, the departments then refer those situations to DHRD's recruitment team, and we do a suitability investigation. So there is a role for both of us to play in, background checks.

Usually, the department does an initial check, and if it's clean and there are no issues, then they proceed with a hire. However, if there is a serious criminal conviction, they typically refer those situations to DHRD, and our staff takes over and does an investigation. So

And then the last question I have has to do with ethics. Is part of the workforce training for the interns incorporate an ethics component of ethics training?

I mean, that's where the they handle the training portion for you know, we

we in fact, we give them a one position to to have that

And is that person doing ethics training?

Not directly. We have an on demand ethics training from the ethics commission. Okay. It's actually their training, and we host it on our learning management system. So director's correct. All of the interns take all of the required trainings, which is non discrimination, ethics,

workplace filings as part of their onboarding process Okay. In addition to other training that DHRD provides. Okay.

That's good to know. Thank you. Further questions, Senator Moriwaki?

For, DHRD. So this 89 day hire, is that when they they serve in those positions, is that to qualify? They're they're in probation, or how does that work so we can onboard these interns? Good question. I'm I'm curious to know as well.

So I hope to hook up with them after the hearing and find out more. Because typically, it depends on the class of work. Some of them require, you know, more experience than perhaps they came out of Helei Imua with, so the 89 day hire appointment does afford them an

opportunity to get that additional experience that may be necessary in order to meet the MQs. But oftentimes, there is an entry point or a lower level with less experience required that can be used until they reach that sort of authorized level, fully functioning level.

I guess that onboarding is what the concern is. It might take a longer time if the department likes the person and says this person is competent to do the job. How can that onboarding be done in a more seamless fashion if, in fact, they're sitting in the job that the department wants them?

It really depends on the situation. If it's if the person is fully qualified, there are lots of opportunities for fast tracking it, like our Operation Hire Hawaii program. Eighty, ninety hire is another option, as well as, taking on delegation or one of our Wiki Wiki hire programs.

In addition to that, we would have to look, I guess, at this specific individual if they're if it's because of a lack of experience or it's just they are qualified, but we're just going through the process of screening their application.

So you do that, with all of the interns that the department says, yeah, you know, this, we want this person. They're meeting, they're competent to do the job we want them to do.

Not always. It depends on if it's a class of work that DHRT handles or whether it's delegated to the department. For example, Department of Labor has a number of classes of work that they're delegated to handle, so their human resources office does all facets of the recruitment process.

It doesn't come to DHRD. However, other types of jobs, office assistants, for example, are are done through DHRD. So it really depends on the situation, and that's why I'm curious to know more.

The end end game in this is that we can hire people that we want to hire or the department can hire a person that's competent to do the job that they did while they were interning to now come on board, as an employee. And how are we helping them? If DLIR has their own

and they hire the people that that intern for them, that's one thing. But these other departments that don't, what is the process there so that we can, in fact, help departments to get people on board?

That's not a simple question. No. They well, they don't always. It really depends on the class of work that they're trying to, hire the person into. If it's something that's already on continuous recruitment, that Heli Imua intern can apply at any time if it's posted on

our website, and and be screened. We're pretty current in our screening, so it doesn't take long to get on the list, and then they're referred to the department. If there is no, if it isn't under recruitment now, it's probably because we have an existing list, and those applicants have already,

we have applicants already pending, and need to be considered first. And if no one's selected, then we'll announce it again. So it really depends on the particular situation. So we would have to do a little bit of assessing in order to figure out how to best address that.

Members, any further follow-up questions? K. And then the last question I have is in terms of for the Helei and Muo, does DLIR look at vacancies, you know, across the board in placements for where there may be a shortage of work or positions? I mean, we we don't

I mean, it because right now, I mean, the the one of the challenges is to get some departments to take some of, you know, the interns.

The interns.

Because sometimes a lot of them thinks it's it's gonna just create more work for them. So it depends on who, you know, who wants to take some interns. K. But the, you know, the would know what the, you know, what, you know, which positions are big.

K. I think if some that's something we could work out so that think to center Moriwaki's point, you know, create a pipeline. And if you could work with one the previous testifier, Savannah, to figure out what is happening with someone that comes on but still on 89 that 89 day

hired even though there's a civil position. You know? How do we streamline that process so we get them into those positions that we need to fill?

Okay. If no further questions, Members. Thank you so much, Directors. Okay. Last call on this bill, on HB 2468, House Draft 1. Okay. If not, we'll move on to our next item, which is House Bill 2091, House Draft 2. This is relating to petition to temporary restrain and enjoining harassment of an employee. From the DOE, Keith Hayashi, but I also see Deputy Superintendent.

Chair Elefante, Vice Chair Lamosao, Members of the Committee. Sean Tajima, Assistant Superintendent testifying on behalf of the Department of Education. Department stands on our written testimony in support of this measure.

The department appreciates that the language was changed for public servants to include all Department of Education employees. We stand by for questions. Thank you for this opportunity.

Okay. Thank you so much, Mr. Tajima. Director Yamane, DHS. Anyone from DHS? Okay. Move on. Deputy Attorney General Sumarna from the AGs. Aloha. Good afternoon.

Good afternoon, Chair, Vice Chair, Members of the the Committee. Deputy Attorney General Diana Sumarna. We support this bill, and we also requested a data driven amount for appropriation. Thank you.

Okay. Thank you. We also have Kamakana Kaimuloa, UPW.

Chair, UPW stands on its written testimony.

Okay. In support. Thank you. And Nui Sabas. Okay. HGEA in support. And then in addition to that, we had seven total in support, which included those that have testified and also includes Tia L.R. Hartsock from the Office of Wellness and Resilience.

Christian Fern from the University of Hawaii Professional Assembly. And that's it. Anyone else on House Bill 2091? Okay. Members, any questions on this one? Okay. And then for the AG, it was 300,000. Right? Okay. Thank you. And that's for the full pilot? Whole two years. Okay. Thank you. Okay. I think we're good on that.

I have a... Members, I just have a quick question going back to one of the bills for Director Domingo from OCS. And then right after this, we'll go into decision making. This is going back to House Bill 2116, House Draft 2, relating to grants. So Director Domingo, I know in the bill it has blank appropriations.

But looking back on some previous committee reports, going back to the House Human Services, I don't know if these figures change for the amount that's needed to implement the program. Are those figures of 3 million, 65,000, and 10,000? Are those, is that accurate in committee report 527-26?

Those numbers, I'm not sure if the 3 million is accurate, but I think these other two numbers should be.

Okay. So maybe what we could look at is just blanking that appropriation in in the committee report, put the other 65,000, which is for one full time temporary program specialist, and then 10,000 for AG to assist with you folks.

Okay. Thank you. Any questions for Director Domingo? Okay. If not, okay, Members. If you're okay, we're gonna roll into decision making. Okay. First up on our, first up on our agenda is House Bill 2271, House Draft 2.

This is making emergency appropriations for public employment cost items. Chair's gonna recommend we pass with amendments. We're gonna accept UPW's testimony, which, in part two, in addition to the arbitration awards for the University of Hawaii and other Executive Branch departments related to temporary hazard pay, we will insert language to include the amounts that are for a negotiated settlement for the Department of Education and blank all appropriation amounts, and we're gonna defect the date to 01/01/2077. So, we're gonna just reinsert that language back in. Any further discussion, members, on that?

Okay. If not, Vice Chair Lamosao for the vote. Chair votes aye with amendments.

[Roll Call]

Thank you so much, Vice Chair. Our next item is House bill 2324, House Draft 2. This is relating to the Hawaii Occupational Safety and Health law. Chair's recommendation is to pass amendments. And the only amendment we're gonna do is change the effective date to upon approval. Any further discussion? If not, vice chair for the vote. Chair votes aye.

[Roll Call]

Thank you, Vice Chair. Our next item is house bill 2387, House Draft 1. This is relating to workers' compensation medical benefits. Chair's recommendation is, the bill has a defective date, so chair's recommendation is to pass as is. Any further discussion? If not, vice chair for the vote. Chair votes aye.

[Roll Call]

Thank you. For our next item, House bill 2116, House Draft 2, relating to grants, Chair's gonna recommend that we pass as is. And in, hang on. Short re—short recess subject to the call of the Chair.

Okay. Reconvening our 3 PM Labor and Technology Committee Agenda. We're back in decision making for House Bill 2116, House Draft 2. This is relating to grants. Chair's recommendation is to pass as is.

In the committee report, we're going to insert amounts that would be necessary to implement this program, which would be 65,000 for one full time equivalent FTE temporary program specialist positioned to assist the Office of Community Services in awarding the grants. And two $10,000 for the Department of Attorney General to assist the Office of Community Service. And then, we also have a—the measure has a defective date, and that's it. Okay. Any questions or con comments or concerns?

Okay. If not, vice chair for the vote, chair's recommendation is to pass as is. Chair votes aye.

[Roll Call]

Thank you so much, Vice Chair. Our next item is House Bill 1682, House Draft 1. This is relating to the disclosure of intimate images. Chair's recommendation here is to pass with amendments. And we have some lengthy amendments to this measure, Members.

So the first one is we're gonna add a definition of bodily injury to have the same meaning in HRS 707-700. We're also gonna add a definition of digital replica. This definition is from an earlier version that we took up in Senate Bill 2076, Senate Draft 2. And digital replica will mean the following.

Means a computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audio visual work, or transmission in which the actual individual either did not actually perform or appear or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered.

We're gonna amend the definition of intimate image beginning on page 2, line 9, and throughout the bill to state that intimate image means any digital image, digital replica, photograph, live or recorded video, and or computer generated image or video that depicts a person in a state of undress, nude as defined in Section 712-1210, engage in sexual conduct as defined in Section 712-1210, committing acts of self harm, self mutilation, or other self injury that results in bodily injury.

We're going to also add language to amend section 6 to include language requiring the court to prohibit further decimation of the image to include its destruction, deletion, and or return of the image, and order identification of all persons and or entities to whom disclosure is made by the defendant. We're gonna accept Elizabeth Kent's testimony from the Uniform Law Commission's testimony, which moves the definitions in the bill.

We're gonna also accept the proposed amendments from the Hawaii Pacific Health Kapi'olani Sex Abuse Treatment Center on the second page of their testimony, beginning with disclosure of intimate images civil action. On page 3, delete. We're gonna delete lines 3 to 6.

We're going to also insert language to clarify that a depicted individual includes deceased individuals. And in that case, or if a depicted individual passes away, the rights of the deceased depicted individual will vest in the estate of the deceased depicted individual.

Members, this adopts similar language that we had heard previously in Senate Bill 2448. And then we're also gonna change the defective date to January 1, 2077. With that, Members, any further discussion? If not, Vice Chair Lamosao for the vote. Chair votes aye.

Okay, Members. We're voting on HB 1682, HD 1. Recommendation of the Chair is pass with amendments. Anyone here voting with reservations or no? Hearing none. Chair, your recommendation is adopted.

Thank you so much. Next item is House Bill 2468, House Draft 1. This is relating to internship programs. Chair is gonna recommend that we pass with amendments. We're going to accept the state Department of Attorney General suggested amendments. I'm hearing from the testimony today from the Attorney General's Office and then also DLIR.

So we're gonna accept their testimony and as contained in the proposed SD 1 draft. We're also gonna accept the Department of Labor and Industrial Relations suggested amendments in their testimony. And I also know there might be overlapping language from the AGs and DLIR. So when we go through that, we're gonna look at that and how that coincides with some of those two amendments.

On page 15, line 9, we're gonna change may to shall, and we're gonna change the effective date to January 1, 2077. In the committee report from the Department of Human Resources and Development, we note that there will be an appropriation in subsection 3, which would be $190,000 and 632.

Including two full time equivalent positions is allocated to the Department of Human Resources and Development to support activities to effectuate that at. So that'll be in the committee report. And that's it. Any further discussion, comments, or concerns? If not, Vice Chair Lamosao for the vote. Chair votes aye.

Okay, Members. We're voting on HB 2468, HD 1. Recommendation of the Chair is to pass with amendments. Anyone present wanting to vote with reservations or no? Hearing none. Chair, your recommendation is adopted.

Thank you. And our last item is HB 2091, House Draft 2. This is relating to petitions to temporarily restrain and enjoin harassment of an employee. And I just wanna acknowledge the hard work of the Judiciary and Attorney General's Office for finding a solution and way forward on this measure.

Chair's gonna recommend that we pass with amendments, just technical non substantive amendments for the purposes of clarity and consistency. In the committee report, we are also gonna place, per the Attorney General's testimony, that it would be $300,000 to implement this bill. And then note that from the Office of Wellness and Resiliency, OWR, we will highlight the following.

In early 2024, in partnership with the College of Social Sciences, Health Policy Initiative at the University of Hawaii at Mānoa, the OWR conducted the Hawaii Quality of Life and Workplace Wellness Survey. 35% of state employees reported experiencing violence on the job within the past twelve months. Among those Individuals, 49% chose not to report the violence or harassment they encountered, citing fear of retaliation as a

Citing fear of retaliation as a primary reason for not coming forward. The proposed measure could serve as an effective way of addressing that, this barrier. So that will be in the committee report. With that, any further discussion members? K. If not, vice chair for the vote. Chair votes aye.

Okay. Members are voting on HB 2091 HD two. Recommendation of the chair is to pass with amendments. Anyone present wanting to vote with a reservation or no? Hearing none, chair. All members will aye. Your recomendation is adopted.

Thank you so much, members. We just have one joint meeting tomorrow, and we won't have a hearing on Friday. And please enjoy your afternoon. This committee is adjourned.