Senate Standing Committee on Labor and Technology

Good afternoon. This is today is Thursday, March 19, and the Committees on Transportation, and the Committee on Labor and Technology is on its hearing notice of March 19, and it's 03:00 in Room 229. Good afternoon, everyone. Welcome as well. And we ask just for some housekeeping measures that you stand on your written testimony or limit your oral testimony to two minutes.

And we will be making decision, after this hearing, as well, but it also allows discussions. So members, feel free that, though there's two minutes, but we have very active, folks here. So, we'll bear with your, indulgence and feel comfortable in, the procedure before us. Let's proceed with HB 2097 House Draft 1, and this is relating to administrative driver's license revocation. This authorizes administrative driver's license revocation hearings to be conducted using interactive conference technology, including teleconference, video conference and voice over internet protocol systems.

It clarifies that evidence in hearings conducted via interactive conference technology may be submitted and exchanged electronically. Make life easier for everyone. DOT. Good afternoon. Who's representing DOT today?

Hello, Chair, members of the committee. Larry Dill in for DOT. We stand in support of House Bill 2097 as in our written testimony. We stand on our testimony. Thanks.

Thank you so much. Judiciary on Zoom.

Hi. Good afternoon Chair Inouye, Chair Elefante and Vice Chair Lamosao and members of the committee. I'm Carrie Harada, Chief Adjudicator at the Administrative Driver's License Revocation Office.

And I stand on my written testimony, but I just wanted to summarize that this measure provides for Zoom hearings as an alternative to in person and Telephonic Hearings. It's not a mandate, just another option for those who prefer Zoom. Zoom has been used successfully in our office since 2021, in response to the COVID pandemic. And in fact, Zoom has become the platform of choice among all parties involved, in our hearings. It is efficient, effective, and saves, the judiciary time and money.

Thank you for the opportunity to testify.

Thank you so much. And I'm, and just to add, that we did hear the Senate version as well, and we passed it on to judiciary, that hasn't moved. So, we're inclined, to pass this measure. And I understand that for today, as we did the Senate version with less, we did, I think, make some minor corrections. So, with this measure, it seems like it's, it's clear and similar to our Senate version as well. Am I correct?

Thank you.

Okay. Thank you so much. Is anyone else wishes to speak to HB 2097? Okay. Any questions from DOT or judiciary members? Okay. Hearing none.

And you're all happy with the bill and the language as well.

Yes. Yes. Thank you.

We don't need to go into recess because I believe, both chairs feel that this measure, needs to, it's something needed and we're getting into technology now, hopefully that, Zoom is available, for this, driver's license revocation process and both chairs, feel comfortable with the language. Chair's recommendation then is to pass, just, this measure with technical and non-substantive amendments. Any discussions members. Hearing none then, for the Committee on Transportation, Chair's recommendation to pass HB 2097 House Draft 1 with amendments.

Any discussions? Hearing none, Vice Chair for the vote for the Committee on Transportation. Chair goes aye.

Chair's recommendation is to pass with amendments House Bill 2097 House Draft 1. Chair and Vice Chair vote aye. Senator Kanuha is excused. Senator Lee is excused. Senator Decorte.

Aye.

Madam Chair, recommendation is adopted.

Thank you.

And for the Committee on Labor and Technology, same recommendation as the Committee on Transportation, any further discussion? If not, Vice Chair Lamosao for the vote, Chair votes aye.

Okay. Members voting on the same measure, HB 2097 HD 1. recommendation of the chair is passed with amendments. Chair votes aye. Vice Chair also votes aye.

Senator Ihara is excused. Senator Moriwaki is also excused. Senator Fevella?

Aye.

Chair, your recommendation is adopted.

Thank you, Vice Chair.

Good afternoon. The Committee on Transportation is on its hearing notice of Thursday, March 19 at 03:05 in Room 229.

And just some, again, some notes that testifiers can stand on your, written testimony and limited to two minutes. We will be making decision on this agenda today as well. And thank you folks for bearing with us. Okay. Any for any particular one?

Okay. Alright. Thanks. Okay. Let's proceed then, with HB 1163 and this is relating to commercial drivers licensing and this amends requirements to commercial driver's license qualification standards, to meet current federal regulations, to allow the state to issue a limited term, non-domicile commercial learners permit and non-domicile commercial driver's license for applicants who are unable to provide proof of citizenship or lawful permanent residency.

DOT?

Yes. Good afternoon, Chair and members of the committee. Larry Dill for the Department of Transportation.

Oh. Frozen. Got frozen? Oh. Oh.

K. IT, we need help there.

So he seems to have he has technical difficulties at the moment.

Okay.

Well, we could call for just a moment from here.

Okay. IT, just let us know when we have DOT on. Otherwise, chairs, Chair will call on anyone here present in the room, if there's any other testifies for HB 1163. Okay.

Hearing none, I will, okay. Here we go. What was his first name?

Howard. Okay. Any more difficulty?

IT?

Yeah. He is back. He is back on Zoom.

Yes. Sorry, Chair. Can you hear me okay? I'm sorry. I got problems at my end.

Okay. We can hear you now.

Okay. I apologize for that. We stand on our testimony as submitted. I would like to take the opportunity to stress that we need to change the language in paragraph three where it references limited term. That terminology in order to be consistent with the federal regulation should say non-domiciled.

So non-domiciled commercial driver's licenses and commercial learner's permits. Thank you for the opportunity to submit this testimony.

Thank you and thank you for allowing us to again at least look at the amended language. I think this was missing in our, Senate version, as well. So we thank, thank you for catching it as well. Members, any questions of DOT? Okay.

Hearing none, let's proceed then with HB 2113 relating to natural resources and this appropriates funds to the Department of Transportation for the removal of overgrown vegetation from the Kainahola Stream, and I believe that's on Kauai, as well. We will proceed then with.

Chair Larry Dil for DOT. We stand on our testimony, as submitted offering comments on this, on this measure. Thank you.

Thank you very much. Okay. Department of Agriculture and Biosecurity.

Good afternoon, Chair and Vice Chair. The Department stands on us for the testimony and offering comments. We're available for questions. Thank you.

Okay. Thank you so much. Thank you, Kevin as well. K DOT, an individual in support, Kurt Boshard. Is anyone else wishes to speak on 2113 and members, we did have did you circulate the copy?

Yeah. Do you have a copy of the SD 1?

I have it.

You do? Okay. Okay. Just for your information, members, we do have a draft of this measure, to replace the HD 1 and the introducers speaker Nakamura, my understanding, with this measure and, for DOT, what is, was that Larry? No Howard.

Howard. If you're still on that, we will be taking the recommendation from the introducer, speaker Nakamura that, this measure was amended, in the House, that actions would, be taken from DOA, but it was transferred to DOT, according to the present measure before us. So just for your information, DOT, that the recommendation we will be looking at a House draft, I mean, Senate Draft 1 changing, and referring back to the original measure by the introducer to the house measure, to keep it, the management of this bill back to Department of Ag. So that's the recommendation that will be going forward.

All right.

I have question for, for DAB, Madam Chair.

Thank you. Senator Elefante.

Thank you, Madam Chair. So currently in the bill, it has 1.6 million, but in your testimony, it has 1 million.

I think as I read the bill, sorry, Kevin Moore with the Department of Agriculture and Biosecurity. Okay. So, I think the prior appropriation that's referred to on page 1 at line 12?

Yes.

That's the money that's already been expended.

Oh, okay. Okay. Got it.

The appropriation in this bill is blank at page 2 line 6.

How much would be needed? Would it be the same amount contained in your testimony?

1 million. Okay.

It's a smaller area, but a more difficult terrain. So we're thinking 1 million.

Thank you, Mister Moore.

All right. Thank you. Thank you, Kevin. All right. Is anyone else wishes to speak on HB 2113?

Okay. Hearing none, let's move along to HB 2283. And this is relating to the port politics. And this clarifies the consulting role and responsibilities of the DOT and the Department of Commerce and consumer affairs development and implementation of pilot licensure standards, requirements, and criteria. It repeals the inclusion of Port Ellen as part of the waters of the state that are regulated by statutory pilotage requirements.

Very difficult to get to once you start reading something. Alright, DCCA. Thank you. Thank you very much for being in it. DOT on 2283.

Okay. There is support coming in as that we receive, testifying for the maritime group, Bill Ellenson, in support, the Hawaii Pilots Association. Doug. Yes.

Awesome. Good afternoon, chair and vice chair. Thank you for having us. Sinclair Brown of Hawaii Pilots Association. WE stand on our written testimony I submitted and are here if you have any questions. Thank you.

Yes. Thank you. And thank you for being here previously for the Senate version as well. Okay. HUGS Group, the Hawaii Harbors User Group, sends communication in support, Hawaii state AFL CIO, Randy Pereira, in this particular group in support. Young Brothers, Evan Oye in support.

And I believe that's it for the testifiers on HB 2283. We'll proceed then with HB 1588. And this is relating to the Department of Transportation. This establishes the noise detection camera program in the Department of Transportation for the installation of noise detection cameras for the enforcement of noise control laws. DOT.

Yes, chair. I'm sorry. Larry Dill for DOT. We stand on our testimony as submitted in support.

Okay. Thank you. Testifying for AO AO Lilio Kalani Gardens in support, the Waikiki Neighborhood Board in support, HMSA in support.

And we do have in this measure close to 25, I will name all of those in support, Walden. Oh, I did mention HMSE. Denise Bosford, Kim Jorgensen, Ted Bolan, Brandon Childress, Barbara Berry, Bradley Patnal, Michael Mishner, Pam Walter, David Anderson, David Malin, Paul Hogan, Judy Anderson, Steve Bunting, a person named Jane, Jonathan Hun, BA McClintock, Carolyn Barnes, and Reverend Claudia Charters and Peter Mueller and, comments by Johnny May Perry. Is there anyone else wishes to speak to HB 1588?

Please come on forward. Aloha.

Aloha, chairs, vice chairs. My name is Dale Vanderbrink, second vice chair of the Ala Moana Kaka'ako Neighborhood Board. I'm here just to provide personal testimony.

Please.

Forgive me. I forgot to submit it last night before I came in this morning, but, I'm also in strong support of 1588. A lot of people just don't know how bad the noise can get with the traffic in the downtown area. I've been to Chinatown neighborhood board, Makiki. Obviously, my own, Makully, Iliili, and the Waikiki neighborhood board as you can see.

And all of them state the problems with traffic and the or noise issues with traffic in the downtown area from car racing with loud engines to muffler concerns to loud radios, and it's simply not addressed by HPD. So I believe this is a good step in the right direction to try and address the noise issues that, come about from traffic in the downtown area. Please pass it. Mahalo.

Alright. And, and just for your information, with this measure, I'm not sure if you're going to stay for our discussion or, decision making, after the next bill to vote on this, just to let you know that, we will be, changing the next committee and adding the judiciary committee on this bill. And there are some concerns that need to be addressed by judiciary because it did, this bill did not go on to the judiciary in the house.

So just for your information, because you did take the time to be here today. So, and we have been in discussion with the judiciary committee and we will be doing our referrals.

So the next committee, aside from only ways and means it'll go to the Judiciary Judiciary Committee and adjoin with the reason means. Okay. Just for your information, because there's some technical issues, that is concerning, to our committee, as we deal with the final decision making, but the measure will be moving forward.

Mahalo for that information.

Yes. Yes. We did. We need a little more clarity because this is something new for the department as well. There's strong support, and we just need to get a little more direction, with this measure because it's a new, program and it needs to go to judiciary. And so just to let you know, it's not a matter of there's, you know, some opposition on our end, but it's not, it's just to make sure that, we address penalties, and this new program.

So we believe that it should go to judiciary as well.

So just for your information, because I'm sure you'd like to follow follow-up on the final version of the measure.

We thank you so much. You did, your name again for the record?

I will be.

Dale Vanderbrink.

Okay. Thanks. Thanks so much for being here. Thank you. All right.

Is there anyone else wishes to speak on HB 1588? Okay. Hearing none, we'll proceed with the final measure on our agenda members. HB 2333, house draft two. It's relating to transportation. And this, this authorizes DOT to designate airport special districts within airports statewide.

It increases penalties for certain aeronautics law violations by reclassifying them from civil violations to petty misdemeanors. Okay. DOT airports. Good to see you.

Good afternoon, chair, vice chair, and committee members. Curt Otaguro. I'm the deputy director for airports. Department stands in strong support of this measure and hope that we'll be able to pass it. It'll help us be more much more efficient and much more diligent in managing our our airports throughout the state, which are 15 of them.

Happy to answer questions. Thank you.

Yeah. Since you're here and took the time off as well, it's certainly kind of like long overdue as well, because I'm sure that the issues before us now, I mean, we're all getting much busier and traffic seems to be, sometimes a standstill, but I do have a question, and I'm glad, well, you know, I think, and maybe because you are there at the airport, you know, in relation to the homeless that at the beginning, couple of, was it started from last year, you had a lot more homeless, but I noticed that it seems like there's less now.

Is it because you're doing a lot more security or people know that they're not supposed to be at the at in at any part of the airport? It's a little more cleaned up now?

It's a combination of a lot of different things. So first and foremost, our security areas have been secured. Secondly, we are working with state sheriffs a lot more diligently. And thanks to DLE for their support to do more outreach and working with non profits that provide alternative programs and support services. So it's it's been a year in the making, but the results are are starting to show up.

And it's also just being repetitive, being consistent out there helps a lot so that people do know that, you know, it's not one and done. We will continue to do our part to ensure that the safety of the public is paramount.

You know, I only have one question with regards to part of the measure also includes sleeping. And why I mentioned it is, historically, when there's, I guess, cancellations or delays and the passengers, which includes many of us, whether you're visitors or local people traveling, that they remain at the airport, but this bill disallows sleeping.

But how do we, as compared to the mainland, when you see delays in, in, in traffic or delays, and it can be days that we noticed that people are sleeping at the airports. So are we saying then that it's not gonna be allowed at all?

Sleeping at the airport? Yes. Absolutely not. So the bill helps us to define loitering and trespassing.

Individuals that have a purpose to come to the airport with a ticket, is authorized. So someone without a purpose is is where we need to define that.

Okay. But what happens with the passengers when they're delayed, you know, for periods of time. But that's okay. Because you have a ticket, you're a passenger. Okay.

Okay. That kind of clarifies me because it could be read differently.

That's correct.

Yeah. Oh, okay. Any questions for airports? Thank you so much. Okay.

Testifying for airlines committee. So happy to have you.

Good afternoon. The airlines committee will stand on its testimony in strong support. Thank you.

Okay. Thank you very much. As well, Airlines for America sends communication in support. Alaskan Airlines and Hawaiian Airlines, Jacob Key sends communication in support as well. Is there anyone else wishes to speak to HB 2333 house draft two? Okay.

Hearing none members. Any questions? Okay. The wise the committee will go into decision making. We will not take a recess because I think we're already prepared for decision making on the measures before us.

Do I need this? Maybe. Yeah. Yeah. Alright.

Okay. Alright. Thank you. Okay.

Okay. Thank you. At 2113 yeah?

Okay. Thank you.

Yes.

Yeah.

Alright. Okay. The committee on transportation is going into decision making on its hearing notice of March 19, a chair's recommendation on HB 1163 and that's relating to commercial drivers, licensing. And the chair's recommendation is to pass with amendments. And that is the amendment from DOT.

And this is referencing the language for, 286-236, lines A3 of the revised statutes to the following.

It provides to the state proof of citizenship or lawful permanent residency as specified in table one to title 49, the code of federal regulations, section 383.71 as amended 10/14/2021, or obtains in nine domicile commercial learner's permit or non domicile commercial driver's license as provided in title 49, the code of federal regulations, section 383.71, F as in Frank, that shall be issued as a non domicile commercial learners permit and non domicile commercial driver's license. So that's the amendment for HB 1163.

And I think that's all the amendments needed for this measure. Any discussions?

Okay. Hearing none, vice chair for the vote. Chair goes aye.

Chair's recommendation is to pass House Bill 1163 House draft one with amendments. Chair and vice chair vote aye. Senator Kanuha? Senator Lee is excused.

Senator DeCorte is excused. Madam chair, your recommendation is adopted.

Okay. Thank you. For this measure relating to natural resources, the chairs recommendation is to pass with amendments. And this is the, appropriate funds to the department of agriculture and the biosecurity to finish removing overgrown vegetation from the Kainahola Stream drainage way in accordance with HRB LLCC versus let's see state civil number 15-1-0125.

And for, members, the chair would recommend is recommending that the $1 million for this project will be in the committee report and not in the measure itself.

And we are proposing the language that has been circulated, in the SD 1. And we're happy that the transfer from DOT back to the original recommendation to the Department of Agriculture and Biosecurity is with this measure as well. Okay. Any discussions? Hearing none, vice chair for the vote. Chair votes aye.

Chair's recommendation is to pass HB 2113 House Draft 1 with amendments of the three members present. Any no votes or votes or reservations? Hearing none, madam chair recommendations adopted.

Okay. With regards to HB 2283 House Draft 1, relating to the Port, Pilotage measure, the chair's recommendation that we defer this bill because the Senate bill is already moving and has been approved in the House. And so, there's going to be, we'll be using the SB Measure, 3102, the Senate Draft, 2, and because it's already moving. So, we'll proceed with, HB 1588, House Draft 1.

And if this is relating to the department of transportation, and this has to do with the noise detection camera program in the department of transportation or the installation of the noise detection cameras for the enforcement of noise control laws and it appropriates funds.

Members, this measure, if you look at the bill, there's, I consider this as a little more concerning because there's some issues that needs to be addressed. There is no language in the bill with regards to enforcement. And since this measure was not sent to the judiciary committee in the house that we have discussed with the committee on judiciary, and they are willing to hear this with the next committee. And so we will be doing a re referral on this measure to judiciary slash WAM.

And I feel a little more comfortable with this measure because it's a new program.

There's no penalties associated with this as well. And there's some technical measures that needs to be addressed. So with this said, so chair's recommendation is that we pass this measure as is, and we would like to include and say that for the next committee to explore the enforcement and other issues that is noted that needs to be addressed in this measure as necessary. So with that said, any discussions? Okay.

Hearing none, vice chair for the vote. Chair votes aye.

Chair's recommendation is to pass HB 1588 House Draft 1 unamended, noting the presence of Senator DeCorte and the excusal of Senator Lee of the four members present. Any no votes or votes or reservations? Hearing none, madam chair, your recommendation is adopted.

Okay. Thank you. On HB 2333 House Draft 1, chair's recommendation that we pass this measure as is, and just to say that the measure of the Senate version, SB 3153, has not moved. So we need to ensure that this measure passes. And so chair's recommendation is to pass HB 2333 House Draft 2 as is. Any discussions?

Hearing none, vice chair for the vote. Chair votes aye.

Chair's recommendation is to pass HB 2333 House Draft 2 unamended of the four members present. Any no votes or votes or reservations? Hearing none, Madam Chair, your recommendation is adopted.

Thank you. We did this within our locked in time and and earlier. Thank you, folks. Thank you, for all those that came to testify. This concludes the Committee on Transportation hearing notice.