Senate Standing Committee on Commerce and Consumer Protection
- Jarrett Keohokalole
Legislator
Good morning and welcome to the Hawaii State Senate Committee on Commerce and Consumer Protection. This is Tuesday, March 24, 2026 in Capitol Conference Room 229 for our 9:35am regular agenda. The first measure...
- Jarrett Keohokalole
Legislator
Well, this meeting is being streamed live on YouTube. It's a deadline week. So in the unlikely event that we experience technical difficulties and need to abruptly end this hearing, we will reconvene to address any outstanding business tomorrow, Wednesday, March 25, 2026 at 9:30am in Conference Room 229 here at the Capitol.
- Jarrett Keohokalole
Legislator
And an updated notice will be posted on the legislature's website. We have a pretty good sized agenda with deferred matters to be voted on at the end of the calendar. So I'd just like to remind testifiers that this is a 90 minute hearing slot. And in this committee we observe a two minute testimony limit.
- Jarrett Keohokalole
Legislator
We have received your written testimony and reviewed it, so we'd encourage you to stand on your testimony rather than reading it verbatim or you can take some of that time to add in any additional comments that came to mind between when you submitted it and now.
- Jarrett Keohokalole
Legislator
First up is House Bill 20, House Draft one relating to Lava Zone Insurance. This measure establishes a Lava Zone Insurance Special Fund, subsidized the cost of insurance premiums for properties in Lava Zones 1 And 2. It defines Lava Zones 1And 2 and appropriates funds. First up, the DCCA Insurance Division in opposition. Thank you, Sherry.
- Jarrett Keohokalole
Legislator
Insurance division was standing on its spot. Thank you for standing on your testimony. Let me see here. We also have written testimony on this measure from the Hawaii insurers council in opposition. The following individuals submitting per individual testimony in opposition, Anne Wilson and Ben L.
- Jarrett Keohokalole
Legislator
And the following individuals submitting written testimony in support, Todd Riley senior, and Eileen O'Hara, Angelique Cahill, Carrie Socher, Gerard Green or Jardine Marcus, Steve Sparks, John Zura, David Davenport, Alan Moore, Julia Estegoy, Kahoone, Andrea Rosenoff, Marilyn Johnson, Leslie Ann Salmon, and Debbie Evans. Is there anyone else who would like to testify on this measure? Members, any questions for the insurance division? Okay. Seeing none, we'll move to the next measure.
- Jarrett Keohokalole
Legislator
House Bill 276, House Draft 1, relating to condominiums. This measure excludes a homeowner developer from the annual requirement to file a developer's report and pay a fee if the homeowner's development costs no more than two, consists of no more than two units.
- Jarrett Keohokalole
Legislator
One in which the developer resides and one for which the initial sale of the other unit has been completed. First up, Derrick Yamane, Chair of the DCCA Real Estate Commission with comments. Thank you for standing on your testimony with comments.
- Jarrett Keohokalole
Legislator
Next we have Ted Kefalas of the Grassroot Institute of Hawaii in support. Okay, Ryan Gomes in opposition, Mike Golojuch Sr. in support, and Richard Cohen in support. Is there anyone else who would like to testify? Members, questions?
- Jarrett Keohokalole
Legislator
Okay, seeing none. We'll move to the next measure. House Bill 1546, House Draft 1, relating to health insurance. This measure establishes a health coverage continuity pilot program within the Department of Human Services in consultation with the DCCA to assist individuals who have lost Medicaid health insurance coverage and lack access to other health insurance options.
- Jarrett Keohokalole
Legislator
It authorizes the Department of Human Services to contract with non profit health insurer or community based organization to operate the pilot program under certain circumstances and authorizes the Department of Human Services to issue premium subsidies in certain circumstances. There's also a reporting requirement. Okay. DCCA Insurance Division with comments.
- Justin Chu
Person
Good morning, Chair, Vice Chair, Members of the Committees. Justin Chu for the Insurance Division. We stand on our written testimony providing comments, but I just wanna add that, you know, we noted the high deductibles for bronze and catastrophic plans.
- Justin Chu
Person
We did note that, I would like to add that the premiums for the catastrophic plans can range from $177 from the minimum to about $630 for the max. While bronze plans, they range from about $300, $296 for the minimum to $800 to $1,000 for the maximum. Thank you.
- Jarrett Keohokalole
Legislator
Thank you very much. Jack Lewin, State Health Planning and Development Agency in support. We had him. He's not here, that's in support. Debora Halbert, VP for Academic Strategy at the University of Hawaii in support online.
- Farah Gomes
Person
Aloha, Chair. Farrah-Marie Gomes, the Vice President for Student Affairs with the University of Hawaii system. We did provide written testimony on behalf of Vice President Halbert. We are in support of this measure. We're here to answer any questions you may have and mahalo for the opportunity to testify. We will stand on our written testimony. Mahalo.
- Jarrett Keohokalole
Legislator
Thank you very much. Department of Human Services with comments.
- Meredith Nichols
Person
Aloha, Chair, Vice Chair, Senator. Meredith Nichols for Department of Human Services, and we'll stand on our testimony.
- Jarrett Keohokalole
Legislator
Thank you very much. Betty Lou Larson, Catholic Charities, in support.
- Betty Larson
Person
Aloha, Chair, Vice Chair, and Senator. I'm Betty Lou Larson with Catholic Charities Hawaii. We'll stand on our written testimony. And we do wanna really express our deep appreciation for your focus on this issue. So thank you very much for looking at this measure.
- Jarrett Keohokalole
Legislator
Thank you very much. Rachel Wilkinson, Hawaii Association of Health Plans, with comments.
- Rachel Wilkinson
Person
Good morning, Chair, Vice Chair, Senator. Rachel Wilkinson on behalf of the Hawaii Association of Health Plans. And we're gonna stand on our testimony providing comments.
- Jarrett Keohokalole
Legislator
Thank you very much. Dr. Lewin, State Health Planning and Development Agency, in support.
- Jarrett Keohokalole
Legislator
Thank you very much. Tara Salima in support online. Good morning.
- Tara Salima
Person
Thank you. Good morning. Thank you for having me. I'm standing in support of this bill from the University of Hawaii, masters of social work student. Thank you for having me.
- Jarrett Keohokalole
Legislator
Thank you very much. We also have written testimony from 30 individuals in support and four with comments. Is there anyone else who would like to testify on this measure, HB 1546, House Draft 1? Okay. Members, questions? Okay, moving along.
- Jarrett Keohokalole
Legislator
The next measure is House Bill 1678 House Draft 1, relating to Associations. This measure clarifies that in planned community associations and condominium association elections conducted by cumulative voting. Cumulative voting rights apply to all candidates, including write ins, and that individual votes are used when allocating votes.
- Jarrett Keohokalole
Legislator
Jane Sugimura of the Hawaii Council of Community Associations in support. Dave Erdman in support.
- Jarrett Keohokalole
Legislator
Thank you very much. And then, we also have 15 other individuals who submitted written testimony on this measure all in support. Members, any questions for Mister Erdman?
- Jarrett Keohokalole
Legislator
Next measure is House Bill 1679 House Draft 1, relating to Condominiums.
- Jarrett Keohokalole
Legislator
This measure clarifies an Association Board's Authority with respect to calling and authorizing electronic meetings, electronic voting at electronic meetings, electronic voting without a meeting, and mail voting without a meeting. It also clarifies that proxies are only to be used for any voting conducted at a meeting. First up we have, Dave Erdman in support.
- Anne Anderson
Person
Good morning chair and vice chair. I stand on my testimony. I did ask for one change. I think there's one change that needs to be made after that of my basically made after that in my testimony.
- Jarrett Keohokalole
Legislator
Thank you very much. Paul Ireland Koftinow in support online.
- Gregory Misakian
Person
Aloha, chair, vice chair. Good morning. Aloha, chair, vice chair, members of the committee. My name is Gregory Misakian, and I don't support this bill as written. I think there's an opportunity here if there's a possibility to still amend. The concerns I have especially where I just had, our annual, we just had our annual meeting last Thursday.
- Gregory Misakian
Person
And the concerns I share with with this committee are that the proxy voting is is a tool. It's it's weaponized. It's a tool that's being used, by unfortunately the side that often has the most power. So I'd ask if you could look at the possibility of still amending this to address the proxies given to the board as a whole and the directors present. A proxy should be able to be given to anybody if they need be.
- Gregory Misakian
Person
And the last comment I'll make is regarding the electronic voting. The way this bill is written, I didn't see it in there. I know it was mentioned by a testifier before, but it needs to be codified. There needs to be some serious protections for any electronic voting, and it needs to be codified within the bill and have those protections present in the bill. Mahalo for being able to share that with you.
- Jarrett Keohokalole
Legislator
Thank you very much. We have written testimony, from 11 individuals and organizations in support, two in opposition, in addition to the testifiers here before us. Any other individuals wishing to testify, please come up.
- Kevin Lye
Person
Good morning. Chair, vice chair, senators, thank you very much. My name is Kevin Lye. I am an owner with in and a board member of a large downtown association condominium, but I speak today in an individual capacity. I support the bill as it appears to permit associations such as ours to determine ourselves a sufficient and end time that's necessary to permit collection of ballots from owners.
- Kevin Lye
Person
And not, for example, default to at least here in this county, the mandate for multimillion dollar sprinkler installations if less than a majority of owners even have an opportunity to return a ballot in a timely manner after they needed to have time to research and investigate very important financial commitments, which could include, assessments or other large dollar value projects.
- Kevin Lye
Person
But I wanted to add to my written testimony and ask this question of, the committee. If it is the intent of this bill to imply that meetings of an association board are by default a type of meetings of the association itself.
- Kevin Lye
Person
And hence within Section E2 two of the bill as written that a board may authorize electronic voting for itself without a meeting of the board and for all association businesses, business rather, including adoption of motions and resolutions outside of a meeting of the association as a whole.
- Kevin Lye
Person
I raise this because occasionally, issues can be time sensitive that would require communication and votes by and within a board itself, such as, for example, every year when the estimates and proposals for master insurance policy comes and it's important to make a decision. But that might need to come between a a properly noticed meeting of the board itself.
- Kevin Lye
Person
Yet this idea was noticed to the association members. They would know this would be under consideration by the board itself. So I just wanna make sure if that was part of the clearances that are being added to, HRS through this resolution to this bill rather to see if that had been considered. Thank you for the time to add.
- Jarrett Keohokalole
Legislator
Thank you. Is there anyone else who would like to testify on this measure? Members, any questions? Okay. If there are no questions, then we'll move to the next measure, which is HB 1776 House Draft 2, relating to the Residential Landlord-Tenant Code.
- Jarrett Keohokalole
Legislator
This measure requires the Office of Consumer Protection to periodically publish an accessible, multilingual notice of tenant rights and requires the notice to be included in the informational handbook on the Residential Landlord-Tenant Code maintained by the office. Also requires a landlord to provide a tenant with a copy of the most recent notice of tenant rights in the tenant's preferred language, if available, and subjects the landlord to a fine for failure to do so. Okay. DCCA, Office of Consumer Protection, with comments.
- Mana Moriarty
Person
Good morning, Chair, Vice Chair, and members. We submitted comments and some proposed amendments.
- Mana Moriarty
Person
I can. Thank you. Sorry about that. Thank you for the reminder. Mana Moriarty, Executive Director at the Office of Consumer Protection. The amendments are in the nature of housekeeping. We wanted to, for example, clarify that there should be a date certain by which the Office of Consumer Protection would make available to the public the notice of tenant rights required by this bill, so we proposed a date certain in there.
- Mana Moriarty
Person
We also wanted to clarify that the medium for making this available was electronic format. This would avoid any confusion or dispute if somebody said, oh, you have to give it to us in hard copy, which would presumably force us to incur additional costs.
- Mana Moriarty
Person
And the remaining housekeeping amendment was to clarify our obligations and to avoid any ambiguity about whether we had a duty to update in response to a certain law. We hope that you'll entrust us to carry out that responsibility in the right manner, and so we've simplified the language to say our duty is simply to review, at least once a year, which we already do in the case of our Landlord-Tenant Handbook.
- Mana Moriarty
Person
We've also requested some money based on our prior-- two years ago, we sought a quote for how much the translation would cost for the existing resources, and we based our estimate on that quote that we received back then. I'll be available for questions if you need.
- Jarrett Keohokalole
Legislator
Thank you very much. Lyndsey Garcia, Hawaii Realtors, with comments.
- Jarrett Keohokalole
Legislator
Thank you very much. We also have testimony in support from the Office of Hawaiian Affairs, in support from the Disability and Communication Access Board, Hawaii Children's Action Network, Hawaii YIMBY, Roots Reborn Maui, ACLU of Hawaii, Medical-Legal Partnership for Children in Hawaii, all in support, Hawaii Appleseed Center for Law and Economic Justice, in support.
- Jarrett Keohokalole
Legislator
William Caron and Christine Andrews, all in support. Is there anyone else who would like to testify on this measure? Members questions? Okay, then we'll move to the next measure, House Bill 1874 House Draft one, relating to condominiums. This measure allows small condominium associations to waive the requirement for the reserve study to be reviewed by an independent reserve study preparer, if a majority of unit owners at a meeting approve the waiver, and certain other requirements are met.
- Jarrett Keohokalole
Legislator
But, prohibits associations from waiving this requirement for three consecutive, for consecutive three year periods. Hawaii Real Estate Commission with comments. Thank you very much. Associate in opposition, Community Associations Institute in opposition.
- Jonathan Billings
Person
Jonathan Billings representing CAI. We send our testimony in opposition. Just one more piece of information. It costs about 2 to $3 a day.
- Jonathan Billings
Person
So the standard, Jonathan Billings, thank you. Just a piece of information and I'll take ten seconds. It'll cost an association about 2 to $3 per unit per month to perform a level three reserve study. If it's a twenty year 20 unit complex to complete a level three which complies with the law. Thank you.
- Jarrett Keohokalole
Legislator
Thank you very much. We also have Michael Goli, your senior with written testimony in support. Is there anyone else who would like to testify on this measure? Okay. Members, questions.
- Gregory Misakian
Person
Just a a brief comment. Thank you. We just had our as I said earlier, I Greg Mesakian again, we just had our annual meeting. We had obviously rainstorms. This is just something food for thought for the committee and the legislators to know.
- Gregory Misakian
Person
We with the rainstorms throughout Hawaii, we know the devastation. But within my condominium association where we do have regular reserve studies, and, unfortunately, they're not properly done. So having a reserve study and not having it properly done and having the information correct is a problem. And I won't name the management company, but there's large ones that are are impacted with these reserve studies.
- Gregory Misakian
Person
The third party requirement, I know, was added at some point, but we had in our building rain coming into our building, into our our elevator shaft flooding the building in different places all over the fire alarm systems going out repeatedly, with rain, and it's a fairly new system.
- Gregory Misakian
Person
And we have issues that have been brought up, but they're not addressed. So reserve studies are meaningless when the the buildings aren't being managed properly, and the people doing the reserve studies are actually managing the buildings.
- Gregory Misakian
Person
So there's definitely a problem here, but it related to this bill, I do support that every association regardless of size does have their reserve studies, but we need better reserve study specialists and reserve study people that are doing this and better management companies that are doing this if they're gonna be involved in it. I think it should all go third party, period. That's my my conclusion on that from my experience here at my condo association.
- Gregory Misakian
Person
So mahalo again for that opportunity, and I'll see you in at the next bill coming up.
- Jarrett Keohokalole
Legislator
Right. Yeah. Thank you for your comments. Can we, log your position on the bill as with comments?
- Jarrett Keohokalole
Legislator
That's what I thought. Okay. Thank you. Thank you. Is there anyone else who would like to testify?
- Carol Fukunaga
Legislator
No. I think it would be let's see. The state commission, Mr. Kleinian. The bill calls for, an exclusion for, I guess, 20 or less.
- Carol Fukunaga
Legislator
Yes. Would it be more reasonable to exclude even smaller percentages where it's, you know, if your condominium association has 10 or less. It would seem that, you know, for high rise structures, there is really a legitimate need to be able to identify and disclose a lot of the kinds of issues that arise, you know, over time That may not necessarily be present when you have smaller buildings and or single family, you know, types of arrangements for condominium ownership. Would that be, a relatively simple solution? By reducing the, Number. Each yeah. Possibly, because I don't think it would be kind of difficult for a project. We have 10 units and be three stories in height. Maybe there is, but, yeah, that's that's one solution to kind of Balance. Taper the, weight loss.
- Jarrett Keohokalole
Legislator
Okay. Thank you very much seeing that we'll move on to the next measure. House Bill 1897 House Draft 1, relating to Condominium alternative dispute resolution.
- Jarrett Keohokalole
Legislator
This measure amends the conditions and procedures of alternative dispute resolution methods for condominium related disputes, including the use of evaluative mediation or binding arbitration. Hawaiʻi Real Estate Commission up first with comments.
- Jarrett Keohokalole
Legislator
Thank you very much. Hawaii Judiciary with comments online.
- Jessica Orr
Person
Good morning. My name is Jessica Orr on behalf of the judiciary. You have a written testimony and we'll stand in on that. I'm available for any questions.
- Phil Nerney
Person
Chair, vice chair, committee member CA Phil Nerney, CAI. [inaudible].
- Jarrett Keohokalole
Legislator
Thank you very much. Gregory Misakian in opposition online. Good morning.
- Gregory Misakian
Person
Mahalo. Again, Greg Mesakian. Again, aloha to everyone. I've said a couple of times. So with this bill, again we have a problem.
- Gregory Misakian
Person
And as as you read my short testimony that I did, in writing very late last night, you'll see I made a few comments. I won't say them here all of them, but I'll say just a a paraphrase of a couple of concerns that I have.
- Gregory Misakian
Person
What's urgently needed, and I've said before, is the ombudsman measure for people to go for a dispute resolution where we don't have to go to court, but we can go to an Attorney that's got, experience with resolving issues pertinent to condominium associations. That's the intent of the condominium ombudsman. Without that, you bring you keep bringing in these bad bills or people are introducing them to the legislature.
- Gregory Misakian
Person
And the people that are bringing these in are are the attorneys that end up suing the condo owners for often for foreclosure or for fines and assessments that sometimes and very often are really overreaching and unwarranted, sometimes completely unwarranted.
- Gregory Misakian
Person
They're retaliatory in nature. So what this is gonna do is, again, force a condominium owner to have a certain deadline. If they miss the deadline, then they're out of luck. Go to court. Even if they get the deadline, they have to go. I saw a small claims court, which is problematic in my opinion.
- Gregory Misakian
Person
We've tried that before in the legislature to bring that concern, and I rose I brought forth concerns regarding that previously. And lastly, they're gonna be subjected to very large fine excuse me, attorneys costs that are gonna be tacked on to their assessments, and they could potentially be foreclosed if they lose in court. It's a problem. I completely oppose this bill as written, and I hope you recognize the concerns I shared with you today. Mahalo.
- Jarrett Keohokalole
Legislator
Okay. We also have written testimony in support from Associa, in opposition from Honolulu Tower, in support from the Palihua Townhouses Association. Comments from Anne Anderson, Mary Freeman, Joe Taylor, Lawrence Chapman, Julie Wassel, Steve Glanstein. Opposition from Lana Madisau, supporting testimony from Lance Fujisaki, and Sandy Wong, and Richard Ekimoto.
- Jarrett Keohokalole
Legislator
Comments from Carol Walker and opposition from Lila Mower, Colonel Mark Brown, Marsha Kimura, and Dale Head. Is there anyone else who would like to testify on this measure?
- Carol Fukunaga
Legislator
Thank you. Can you provide a brief update on the status of the condominium property regime working groups discussions, you know, on governance issues? Have they concluded the review of the report or the study that LRB submitted in December?
- Derrick Yamane
Person
They are still meeting. They have probably a couple of meetings scheduled in a couple of weeks, and they're going by discussion topic. And, one of the topics will be condominium governance and the pros and cons of how to operate it by statute and changes to statute, and other stuff, whether an ombudsman will be effective, pros and cons. So that's, hasn't been discussed yet. Probably the next meeting or the meeting following that.
- Derrick Yamane
Person
And, right now they're meeting every other week. Hopefully, they'll get the final report by the deadline the sunset deadline.
- Jarrett Keohokalole
Legislator
Any other questions, members? Okay, we'll move on. The next measure is House Bill 1969 House Draft 2, relating to colorectal cancer. This measure requires and appropriates funds for the Department of Human Services to develop and implement a public assistance program offering state-funded colorectal screenings for certain persons--for certain persons--and requires coverage to include a follow-up colonoscopy after a positive test result. It also specifies that coverage is not subject to a deductible co-payment, co-insurance, or any other cost-sharing requirements. DCCA Insurance Division, with comments.
- Jarrett Keohokalole
Legislator
Thank you very much. Department of Health with comments. Dr.-- oh, do we have you online? Good morning.
- Florlyn Taflinger
Person
Yes. Good morning, Chair, Vice Chair, and other committee members. Florlyn Taflinger with the-- representing the Department of Health. The department stands on our written testimony, providing comments. Thank you.
- Jack Lewin
Person
Thank you, Chair, Vice Chair. Jack Lewin, administrator of SHPDA. I just want to comment, I think this is a very socially responsible, conscious proposal. We defer to to Med-QUEST in terms of what the cost might be.
- Jack Lewin
Person
I want to comment that we also want to applaud the fact that there's now a Senate Concurrent Resolution 50 that looks at maybe providing preventive services across the board to people who do not have coverage. About 800 people get colorectal cancer in the state every year. Native Hawaiians, Pacific Islanders have a higher mortality rate. So it is a problem, and it does need to be addressed in-- for uninsured persons, but there may be a way to look at all the preventive services in some time. Thank you.
- Meredith Nichols
Person
Yep. Aloha Chair, Vice Chair, and senators. DHS stands on its comments.
- Jarrett Keohokalole
Legislator
Thank you. Cynthia Au of the American Cancer Society Cancer Action Network, in support. Good morning.
- Cynthia Au
Person
Chair-- good morning. Chair, Vice Chairs, and committee members, Cynthia Au, on behalf of ACS CAN. We stand in strong support of this measure. Colorectal cancer is preventable. We know that regular screenings can both prevent cancer detected early and when treatment is most effective and outcomes are far better. This bill is especially important because many residents will lose their healthcare coverage at the end of this year.
- Cynthia Au
Person
Cost or lack of insurance should never be a barrier to accessing life-saving, preventive screenings. When cancer is diagnosed at a late stage, the treatment is less effective, survival rates are lower, and overall cost to family and healthcare system rises significantly. Under the Affordable Care Act, preventive services with an A or B rating from U.S. Preventative Services Task Force, like colorectal cancer screening, must be covered without cost-sharing.
- Cynthia Au
Person
Without this legislation, uninsured and underinsured Hawaii residents would face inconsistent coverage and potentially significant out-of-pocket costs, including follow-up colonoscopies that are part of the recommended screening process.
- Cynthia Au
Person
Colorectal cancer is now the leading cause of cancer death among people 50 and under, making it the fastest growing cancer for working-age adults. More young people are diagnosed with colorectal cancer, and in Hawaii and across the nation, colorectal cancer deaths is now the second cause of cancer deaths nationwide for both men and women combined. And I just wanted to have a PSA moment where March is Colorectal Cancer Awareness Month, so I urge everyone 45 and under to please get screened if you haven't yet. Thank you.
- Jarrett Keohokalole
Legislator
Thank you very much. We have 18 other testifiers who submitted written testimony, all in support. Is there anyone else who would like to testify on this measure? Members, any questions? Oh, please come up.
- Kevin Li
Person
Chair, Vice Chair, senators, my name is Kevin Li, but now I'm wearing a different hat. I graduated from medical school almost 30 years ago and went on to complete a fellowship with the Yale gastric path of biology research group in New Haven. Nonetheless, I speak today on two points, first, to note that the instances of Subsection C proposed for each of Sections 431 and 432 in the latest draft probably should be amended to read as follows.
- Kevin Li
Person
C: coverage shall include a follow-up colonoscopy conducted after a positive stool-based test, blood-based test, or direct visualization test for colorectal cancer screening. I believe a subset of these amendments were proposed by an earlier testimony, but I think that we should match the language in the draft to languages also in the ACA Task Force documents and CMS language. But aside from past participles in alignment with that, I wanna ask this.
- Kevin Li
Person
If you could consider if a modest fraction of the eligible souls that would be covered by this bill do indeed elect to be screened for colorectal cancer, which we can all agree would be a great outcome overall, but what if half of them elect for the relatively expensive, relatively newly-approved, triennial blood-based DNA screening test for colorectal cancer that's referenced in the text?
- Kevin Li
Person
It's feasible that this could result in a span of approximately 10 times that of the use of another approved screening standard, the annual fecal immunochemical test and the requisite screening colonoscopy thereafter when indicated. I just wanted to note that even though this other test occurs only every three years, its roughly 20x cost factor could dramatically increase the overall spend if it's unconstrained by significant factor. I've reviewed some of the prior testimony submitted to this bill.
- Kevin Li
Person
It looks like there was a brief mention of hard-dollar value from our friends at DHS, but it wasn't clear on what assumptions their utilization and cost model had been based, so if that we can find a way to spread the money across those who need it by using more conventional, possibly less expensive tests, unless there are constraints in the resolution. Thank you.
- Jarrett Keohokalole
Legislator
Thank you very much. Can I ask you-- I don't see written testimony submitted from you and you did request an amendment. If you could just check in with our clerk to make sure we get it noted on the record.
- Jarrett Keohokalole
Legislator
Is there anyone else who would like to testify on this measure? Okay. Members, any questions?
- Angus McKelvey
Legislator
Or DHS. Is DHS here? Well, you're in support, but you're only commenting. So the chain kinda gets broken because--sorry--the chain kinda gets broken because you support it, but you defer to them, and you're only commenting, and Insurance Division has some questions themselves. Do you see the Insurance-- so, can you respond to Insurance Division's concerns in their testimony?
- Meredith Nichols
Person
Hello. Can we-- sorry. Thank you so much, Senator. Just to clarify the specific concerns from the Insurance Division, if I could--
- Angus McKelvey
Legislator
Yeah, yeah. That's what I was hoping, just real quickly because I don't--
- Jarrett Keohokalole
Legislator
Come on up. Please. We'll just work this out at the table.
- Justin Chu
Person
Yeah. So, good morning, Chair, Vice Chairman, and Committee. Justin Chu from the Insurance Division. I don't know how overlapping our testimonies would be since ours-- our side speaks to the commercial insurance portion and DHS's side speaks to the Medicaid portion, so-- but generally, our comments--I don't even know if I would say our concerns--but our comment is that there's a potential for ACA defrayal. So that would be-- the state would be on the hook for paying any cost associated with the individual plans that require this coverage.
- Justin Chu
Person
Yeah. So I don't-- that would not include the cost of Medicaid plans.
- Jarrett Keohokalole
Legislator
Any other questions? Okay. Thank you very much. Okay. We'll take a short recess.
- Jarrett Keohokalole
Legislator
Okay. Good morning. This is our Tuesday, March 24, 2026, CPN Committee 9:30am agenda in Conference Room 229 to make decisions on the following measures that were previously heard in a joint committee hearing between the Senate Health and Human Services Committee and this committee.
- Jarrett Keohokalole
Legislator
We deferred action on the matters and we'll be voting on them now. The first measure is HB 1573, House Draft 3, relating to health. The recommendation is to pass this measure with an effective date of July 1, 2026. Any discussion, Members? Okay, seeing none. Passing with amendments. Chair votes aye.
- Carol Fukunaga
Legislator
Thank you. For House Bill 1573, House Draft 3. [Roll Call] Recommendation is adopted.
- Jarrett Keohokalole
Legislator
Thank you very much. The next measure is House Bill 1645, House Draft 3, relating to liability. The recommendation is to pass with the amendment requested in the testimony by PACT and to re-defect the effective date of the measure. Any discussion? Okay, seeing none. Passing with amendments. Chair votes aye.
- Carol Fukunaga
Legislator
Thank you. Of the CPN Members present, any voting with reservations or objections? Hearing none. Your recommendation is adopted.
- Jarrett Keohokalole
Legislator
Okay, next measure is House Bill 1875, House Draft 2, relating to healthcare. The recommendation is to pass this measure with the Planned Parenthood requested amendments redefining gender affirming healthcare services and an effective date of upon approval. Members, any comments or questions? Okay, seeing none. Passing with amendments. Chair votes aye.
- Carol Fukunaga
Legislator
Thank you. Of the CPN Members present, any voting with reservations, objections? Thank you. Your recommendation is adopted. No vote for Senator Awa.
- Jarrett Keohokalole
Legislator
Thank you. Next measure is House Bill 1898 House Draft 2, relating to Health. The recommendation is to pass this measure with a defective effective date. Any discussion?
- Carol Fukunaga
Legislator
Thank you. Of the CPN members present, any voting with reservations? objections?
- Carol Fukunaga
Legislator
Your no vote is recorded and all others will be affirmative. Your recommendation is adopted.
- Jarrett Keohokalole
Legislator
Thank you very much. Last measure on this decision making agenda is House Bill 2121, House Draft 2, relating to waste management. The recommendation is to pass this measure with a defective effective date. Any discussion? Okay. Seeing none. Passing with amendments. Chair votes aye.
- Carol Fukunaga
Legislator
Of the Members present, any voting with reservations, objections? Hearing none. Your recommendation is adopted.
- Jarrett Keohokalole
Legislator
Okay. Reconvening this 9:35am agenda on Tuesday, March 24, 2026 in Conference Room 229 at the Hawaii State Capitol. First measure is House Bill 20, House Draft 1, relating to lava zone insurance.
- Jarrett Keohokalole
Legislator
The recommendation on this measure is to pass with amendments removing the substantive language of the bill and inserting language directing the Legislative Reference Bureau to conduct a study including gathering information from actuaries with relevant expertise to identify mechanisms to bring more insurers into the market to provide greater options for homeowners in lava zones 1 and 2.
- Jarrett Keohokalole
Legislator
And determine the subsidy required to lower premium payments for homeowners in lava zones 1 and 2 to rates similar to those prior to the downturn in the insurance market. We'll also put in an appropriation to cover the cost of the study. Members, any discussion? Okay. Seeing none. Passing with amendments. Chair votes aye.
- Carol Fukunaga
Legislator
Thank you. Of the CPN Members present, any voting with reservations or objections? Hearing none. Your recommendation is adopted.
- Jarrett Keohokalole
Legislator
Thank you very much. Next measure is House Bill 276 House Draft 1, relating to Condominiums. The recommendation is to pass this measure with amendments adopting the proposed changes requested or proposed by the Real Estate Commission. Any discussion?
- Carol Fukunaga
Legislator
Thank you. Of the CPN members present, any voting with reservations or objections?
- Jarrett Keohokalole
Legislator
Thank you very much. Next measure is House Bill 1546 House Draft 1, relating to Health Insurance. The recommendation on this measure is to pass with amendments, making clarifying amendments to ensure the bills references to the federal advance premium tax credits program are consistent. Noting the insurance division's comments on that. And adding language to clarify that the subsidy for qualifying individuals shall be for certain evidence based preventive care.
- Jarrett Keohokalole
Legislator
Again, as noted by the insurance division. Members, any comments or questions?
- Jarrett Keohokalole
Legislator
If there are none, passing with amendments, chair votes aye.
- Carol Fukunaga
Legislator
Thank you. Of the members present, any voting with reservations? objections?
- Jarrett Keohokalole
Legislator
Thank you very much. Next measure is House Bill 1678, House Draft 1, relating to associations. The recommendation is to pass this measure with a defective effective date of 07/01/2050. Any comments or questions, members? Okay, seeing none. Passing with amendments, chair votes aye.
- Jarrett Keohokalole
Legislator
Thank you. The next measure is House Bill 1679, House Draft 1, relating to condominiums. The recommendation on this measure is to pass with the amendments proposed by the Hawaii State Association of Parliamentarians. And we'll keep the defective effective date. Any discussion, members?
- Jarrett Keohokalole
Legislator
Thank you very much. If there are no other comments or questions, then vice chair passing with amendments, chair votes aye.
- Jarrett Keohokalole
Legislator
Okay, thank you very much. Next measure is House Bill 1776, House Draft 2, relating to the residential landlord tenant code. The recommendation is to pass with amendments deleting the requirement for landlords to provide a copy of the notice.
- Jarrett Keohokalole
Legislator
And adopting the Office of Consumer Protection's request for a date certain by which the agencies to publish the notice and inserting a blank appropriation to be expended by OCP for cost associated with the notice, including the translation services. Any discussion? Okay, seeing none. Passing with amendments. Chair votes aye.
- Carol Fukunaga
Legislator
Thank you. Of the Members present, any voting with reservations, objections? Hearing none. Your recommendation is adopted.
- Jarrett Keohokalole
Legislator
Thank you. The next measure is House Bill 1824, House Draft 1, relating to condominiums. The recommendation is to pass this measure with amendments, clarifying, as noted by the Real Estate Commission, that the waiver provisions should apply only to condominiums up to two stories. Any discussion, members? Okay, if not passing with amendments. Chair votes aye.
- Jarrett Keohokalole
Legislator
Thank you. The next measure is House Bill 1897, House Draft 1, relating to condominium alternative dispute resolution. The recommendation is to pass with a number of amendments. The first is we'll adopt the Hawaii Real Estate Commission's requested amendment, proposed amendments, to place me mediation fee waiver authority with the service provider, rather than the commission, and to retain facilitative mediation as an option for ADR subsidized by the Economy and Education Trust Fund.
- Jarrett Keohokalole
Legislator
We'll adopt the Judiciary's requested amendment and adopt the following proposed amendments from CAI to clarify that an appeal of a fine may be initiated later than thirty days if it's provided for by the association's bylaws, declaration, or rules, and to make the amendments proposed to the definition of "condominium-related dispute."
- Jarrett Keohokalole
Legislator
And we'll note in the testimony from Anna Anderson that the bill replaces the dispute resolution processes under Sections 514B-161 and 162.5, but not those under Sections 514B, 162, or 163, and that it is not clear—oh, just to eliminate the, the mandatory nonbinding arbitration because that's a violation of due process.
- Jarrett Keohokalole
Legislator
We'll also add in the betterment clause language from Senate Bill 2037, SD 1, to that section on trial...and appeal. So, what we're gonna do is we're gonna take out the mandatory binding arbitration part, and we'll put in the provisions that we put in, in a similar bill, when we heard on the Senate side, which requires appeals to better their position in order to take the—take the matter to court.
- Jarrett Keohokalole
Legislator
And we'll also note that further discussion is needed on the "Fines Deemed Collectible" section and that there is a working group working on these issues right now.
- Jarrett Keohokalole
Legislator
And I think that although we, we normally would wait for those recommendations to conclude before making statutory changes, that because there are a whole bunch of different issues that we're trying to work out here, as we have every year with condominium issues, that I would like to keep this measure moving just so that we can continue to try and figure out, the right way to improve the system that we have now, again, to keep everybody out of court. So, that was a lot.
- Carol Fukunaga
Legislator
Thank you. I appreciate the amendments that you're proposing for this measure. However, in deference to the Condominium Property Regime Task Force that has recently begun reviewing the LRP study that had been authorized by this Legislature and for which both the Legislature and the Real Estate Commission have invested substantial amounts of monies, I will be voting in opposition to the measure. I agree that improvements are required, but I think that it is premature for us to act in this particular instance.
- Angus McKelvey
Legislator
Okay. Given the fact that it's gonna go to conference, I'm gonna go to WR. Okay.
- Jarrett Keohokalole
Legislator
So noted. Any other discussion? If not, passing with amendments. Chair votes aye.
- Jarrett Keohokalole
Legislator
Okay. Thank you very much. The last measure on this agenda is House Bill 1969, House Draft 2, relating to colorectal cancer. The recommendation is to pass with amendments adopting the Department of Health requested amendments, making technical non-substantive changes. And I'd like to adopt the the proposed amendments submitted by Mr. Lye.
- Jarrett Keohokalole
Legislator
Right? By Mr. Lye, who submitted it at the table in his testimony. Any discussion, Members? Okay. I'd note there's a defective effective date on this measure as well. If there are no comments or questions, then we're passing with amendments. Chair votes aye.
- Carol Fukunaga
Legislator
Thank you. Of the Members present, any voting with reservations, objections? Hearing none. Your recommendation is adopted.
- Jarrett Keohokalole
Legislator
Convening on this 9:45am agenda on Wednesday, Tuesday, March 24, 2026 in Conference Room 229 at the Hawaii State Capitol to vote on two measures that were heard last week in this committee. The first is House Bill 1642, House Draft 1, relating to consumer protection. This is the crypto kiosk bill.
- Jarrett Keohokalole
Legislator
The recommendation is to pass with amendments adopting the Senate language in Senate Bill 2387, Senate Draft 1, which is an adoption of basically the AARP's position on on this issue. And adding a provision requested in the testimony or suggested in the testimony by CoinFlip, which requires a hold on new customer transactions and will add a definition for a new customer.
- Jarrett Keohokalole
Legislator
So rather than banning the kiosks, we will put in place the regulatory provisions suggested by AARP, including a hold provision for new customers. There's a defective effective date on this measure as well. Any discussion, Members? Okay. Seeing none. Passing with amendments. Chair votes aye.
- Carol Fukunaga
Legislator
Thank you. Of the Members present, any voting with reservations or objections? Hearing none. Your recommendation is adopted.
- Jarrett Keohokalole
Legislator
Thank you very much. And the last measure is House Bill 1753, House Draft 2, relating to social media. The recommendation is to pass this measure with a defective effective date of July 1, 2050. Any discussion? Okay. Seeing none. Passing with amendments. Chair votes aye.
- Carol Fukunaga
Legislator
Thank you. Of the Members present, any voting with reservations, objections? Thank you. Your no vote is reflected. Your recommendation is adopted.
Bill Not Specified at this Time Code
Next bill discussion: March 24, 2026
Previous bill discussion: March 24, 2026
Speakers
Legislator