Senate Standing Committee on Judiciary

Alright. Welcome everyone to the judiciary committee, hearing this Friday morning, March twenty seven at 10:00 in, Room 016 here in the State Capitol. We do have a two minute time limit for testifiers, both on Zoom and in person. For those on on Zoom, your video and audio will both be disabled until it's your turn to testify.

For Governor's message item, we will try again on Tuesday, March 31 at 09:15 in this Room 016 if you have a catastrophic failure on the Zoom side. For the other two, the bills are the filing deadline is today, so we will try to finish them up and probably just sit around as long as we can to work out any

technical problems if we if we have any. Okay. First up is governor's message 575 submitting for consideration and confirmation of the commission to promote uniform legislation gubernatorial nominee, Peter Hamasaki, for a term to expire June 30, 2028.

First up on GM575 is Jill T. Nagamine, Deputy Attorney General in support. Elizabeth Kent for the, uniform law commission on Zoom. Good morning.

Good morning. It's my pleasure to testify in strongest support on the nomination of Peter Hamasaki to another term on the commission to promote uniform loss. I've worked with him for over twenty years as a commissioner, and I'd like to briefly share some reasons why I hold Peter in such high regard.

He has a quiet and calm way of getting things done. Peter is so smart, and he understands complex areas of the law. His low key way of getting work done is efficient and leaves others feeling good about the process. In addition, Peter is dependable and always steps in to help and assist.

In short, he's a great colleague and uniform law commissioner, and he's respected by commissioners from other states for his knowledge and expertise. And I urge you to vote yes on his nomination. Thank you.

Thank you very much. Next up is Lonnie Ewart, Chair, committee to promote uniform laws in support. Michael Tonouye, a member of CPUL, also in support, and Bob Toyofuku on the ULC in support. Does any that's all the testimony we have on GM 575. Would anyone else like to testify in this measure?

If not, Members, any questions for miss Kent? Seeing none, Mr. Hamazaki, would you like to come up and make a opening statement? Good morning.

Thank you. Good morning, Chair Rhodes, Vice Chair Gabbard, Senator Chang. My name is Peter Hamasaki. Thank you for your consideration on my nomination to serve as a member of the commission to promote uniform legislation.

I've been a member of the commission since 2005, and I hope to have the opportunity to continue to serve. I'm sorry. I believe that the Uniform Law Commission can be a valuable resource for for the states on matters where coordination and uniformity among the states is needed, but the matter is not

appropriate for federal legislation. Prime example of this is the Uniform Commercial Code where having a uniform set of commercial rules facilitates commerce across states by providing a common set of commercial rules that lower the transactional costs of doing business between different states.

The OSC also provides state legislatures with uniform acts that draw upon a deep dive by commissioners from different states working with reporters who are subject matter experts and legal scholars as well as a broad range of interested parties and organizations such as the ABA to provide and then

update and revise as needed acts for the consideration by the state. I believe that ultimately the ELC helps to preserve our federal system of government by supporting independent action by state legislature. Thank you.

Thank you very much. Members, any questions? So this will be you've been on the commission for twenty years at this point. What what do you hope to excuse me. What do you hope to accomplish in this next term?

I think, you know, there are a number of acts that we're looking at that I think may have particular interest to the state. I know, for example, come state is currently considering a deep fraud act, and the union from the law commission is working on a draft measure as well.

So I think, you know, depending on how what happens at the state level, we'd also like to have consideration given for that act when it's ready.

There are also a number of other acts that are, for example, in the social media field, there's an online child protection act that's being considered as a site committee. And and I know with, you know, some of the recent mitigation resolving involving, for example, YouTube and Meta, you know,

there may be an opening, you know, for the states to let sit in that area. So I think, you know, we're hopeful that that can provide, you know, something that the state can consider if it's interested, you know, within the scope of, you know, the act 230 and and also the first amendment, of course. Okay.

What what what would you consider your proudest moment on your in your twenty years? Which one which one do you felt like you did the most good?

I think for me as a commercial lawyer, you know, by background, I think, you know, being involved at UCC, that's something you go to law school and you study and, you know, it's kind of this important project. So I think that was personally fulfilling.

But I think, you know, in terms of, you know, one app that I know I worked with, Ken Takayama when he's a commissioner, was, you know, as fiduciary access to digital assets. And as I'm kind of you know, it's basically as a number of, you know, you know, financial assets or accounts are really only available in a

digital form or, you know, people don't get paper copies, for example, of their financial statements. So, you know, as I personally as I kind of am taking having to take care of my parents, you know, I really see the value in providing an easier or more uniform method of getting access to those accounts.

So I think, you know, from I think there are a number of acts that really can help, you know, individuals. You know, we also you know, the legislature enacted the good property transfer on death act death deed act, which, you know, provides a simple way for real property to be conveyed outside of a trust.

You know, so similar to, for example, securities where you can designate a a beneficiary. You know, if the, primary person passes, it'll automatically pass without going through prorate.

So I think those are the kind of things that can help, individuals, you know, where to simplify and really, help them on a on a individual basis rather than just, you know like, the commercial code is probably mer merely business thing.

But I think I think helping individuals as well is sort of important. Which which part of

it do you which part of the UCC did you work on? Was it article nine?

We did amendments to Article four a as well as amendments to Article nine. Most recently, the

the No. You're not sure what four a is. Four

a, yeah. It's it's more like it's a more obscure, like, letters of credit. That's what you What is it? Okay. Yeah.

Okay. Thank you. Other questions, members? If not, let's go ahead and vote on this GN if that's okay. You guys and the recommendation is to advise and consent.

Questions or concerns? If not, Vice Chair Gabbard.

On GM 575 Chair's recommendation is advised and consent. [Roll Call] The measure is adopted.

Thank you very much.

Thank you very much.

We'll vote pretty soon.

Thank you.

Thank you. Okay. Moving on to the bill portion of the agenda, let's go to house bill 1838. This establishes uniform statewide requirements for policies and processes for the issue issuance of U and T-Visa certifications for noncitizen victims of crime that are consistent with federal laws and regulations.

First up on 1838 is doctor Jack Lewin, administrator for the state health planning and development agency or or someone else.

Good morning.

Aloha. I'm obviously not Jack Lewin. Apologize. I am Lauren Wenpey for SHPDA, and we stand in strong support as this support our broader health planning goals that partner SHPDA. So but

Okay. Yep. Great. Thank you. Thank you.

Next is Yasmine Chaney, executive director for Hawaii State Commission on the Status of Women. Good morning.

Good morning, everyone. Yasmine Chaney for the Commission on the Status of Women. I'll stand on my written testimony and support. Thank you very much for your consideration.

Great. Thank you. Next up is Christina Sablan, community and policy advocate for The Legal Clinic on Zoom. Good morning.

Chair Rhodes, Vice Chair Gabbard, and Members of the committee. Again, Christina Sablan from The Legal Clinic. We stand in our written testimony in strong support of this measure and briefly highlight a few key points.

This bill strengthens public safety and supports non citizen survivors through uniform statewide standards for you and T-Visa certification. Certification is first essential step in a survivor's petition for you or T-Visa relief.

Currently in Hawaii access to certification is inconsistent. Eligible survivors may wait many months or receive no response at all, simply because there are no clear state standards or because agencies do not under understand the requirements for certification.

This bill addresses those gaps by providing both uniform standards and training. We respectfully request three key amendments which are described in greater detail in our written testimony.

First, we ask that you reinstate language from section one of the HD1 version of this bill that recognizes state courts and judges as certifiers.

Judges are explicitly authorized under federal law and are often the first and sometimes the only viable option for certification, especially in civil and family court cases.

Second, we encourage the Committee to clarify the judicial review process in section nine of the bill by exempting court issued certifications from judicial review while maintaining judicial review for all other certifiers.

Third, we ask the committee to restore the broader definition of helpfulness found in section five in the HD1 version of this bill.

The HD1 definition is better aligned with federal law because it recognizes exceptions for survivors who cannot cooperate whether due to age, trauma, fear of safety risk, disability, or other conditions.

The HD1 definition also acknowledges that requests for cooperation may come from certified entities other than law enforcement.

In closing, this measure will strengthen access to justice, ensure survivors are treated equitably across Hawaii, and promote community safety for everyone. We urge the committee to pass this bill with the requested amendments. Mahalo.

Thank you very much. Next is Eliza Ryan Gill, executive director for Hawaii Coalition for Immigrant Rights on Zoom.

Aloha, Chair, Vice Chair, Members of the committee, Eliza Ryan Gill with the Hawaii Coalition for Immigrant Rights representing about 30 immigrant serving organizations across the Pai'aina. We in strong support and, not only of the bill, but also the amendments that have

put forward by the legal clinic. We all I will just take my time to, note a couple of elements on here. When we are in a an enhanced enforcement time where we see a lot of activity with Department of Homeland Security,

we see significant increases in domestic violence and and just violence in general, especially against immigrant women. In some cases, we see this make it so that immigrant women are twice as likely to be murdered as as native born women.

One of the reasons why we stand in such strong support of this bill is that it's very important that immigration status not be used against someone as a way to keep them from reporting crime. We want all of our communities to be safe. And when we have standardized these

processes, it makes it so much easier for specifically immigrant women to come forward and report abuse that has happened to them.

So that's what just one of the reasons why we think this bill is such a common sense way to move forward. It makes all of us safer when women can come forward and report crime. Mahalo.

Thank you. Next up is Mandy Fernandez for the ACLU of Hawaii, also on Zoom. Good morning.

Good morning, Chair, Vice Chair, Members of the committee. Mandy Fernandez on behalf of the American Civil Liberties Union of Hawaii. We strongly support this measure. I also wanted to say that I I strongly support the the amendments that are put forward by the legal clinic, and we hope you move this forward. Thank you so much.

Thank you. Next up is Yvette Kaye for Kona Indivisible and Matriarchy Rising in support. Megan Chun and Alejandro Villarino for Mercado De La Raza or de Raza. I can never remember how that's pronounced. In support.

Nicole Wu for Hawaii Children's Action Network Speaks in support,. Eddie Simons, Chair for Stonewall Cox of Democratic Party of Hawaii in support. Angelina Mercado, Executive Director for Hawaii State Coalition Against Domestic Violence in support.

Nupur Chanda, policy attorney for National Immigrant Women's Advocacy Project. Leslie Orloff in Newport Chanda, again, for National Immigrant Women's Advocacy Project. Allison Comhee, Legal Program Director for Immigrant Legal Resource Center.

Benjamin Sadoski for Unite Here Local Five. These are all in support. Veronica Mendoza, founding Executive Director for Rooch, reborn Maui in support. Amy Agbayani on Zoom perchance. Yes. Good morning. You're still muted. Okay. There you go.

Good morning. Thank you very, very much to the, committee for hearing this very important bill. I strongly support this bill. It will benefit our victims as well as law enforcement. And I also would like to note that I strongly support the amendments proposed by the legal clinic.

Again, thank you very much for hearing this bill. It's an important bill.

Thank you. Next up is Christine Andrews, also on Zoom.

Chair, Vice Chair, Members of the committee. Christine Andrews from Maui, know your rights educator. I wanna stand on my written testimony in strong support of this measure and just highlight again for the committee a few of the requested amendments.

We stand I stand in strong support of the amendments requested by the legal clinic. I spent many years working, with domestic violence victims and sexual assault survivors.

And I just wanna highlight again, that the courts may be their only interface. Right? They might be going to the court for a domestic violence restraining order and may not actually have much interface with law enforcement, which is why reinserting the language from HD one recognizing the state courts and judges as UNT visa certifiers, consistent with federal law is so significant.

And then also the request for amending the language in section five, Again, consistent with the federal statute to ensure that victims who were initially cooperative but then may change their level of cooperation often out of fear of their abuser, threats against the safety of their children or loved ones, is especially significant. So we wanna make sure that victims of violence feel safe to come forward and that we are using what we can to make sure that they are protected.

Thank you so much for hearing this important measure, and I'm ready for any questions if you have any. Thank you.

Great. Great. Thank you very much. Next is Rosemarie Collins, retired judge, Illinois Circuit Court on Zoom.

Good morning. Thank you very much. I am here to strongly support house bill 1838 with the amendments proposed. I am a retired circuit judge. While I was working, I was the presiding judge of our domestic violence division and the presiding judge of our family division.

I've been involved in immigration training through the national immigrant women's advocacy project, for over ten years. I have actually done training in this good state of Hawaii, on this very, project.

And I would urge you to consider, supporting this house bill with the very important amendments. It is very important to have judges as certifiers. We are often the only avenue that people have to get before somebody to make this all important decision.

Many cases do not involve the police. Sometimes people are afraid to call the police, but they can end up in court through other other civil cases. And under that mechanism, they can get their case heard before a judge.

It's very important to have, also trained certifier, trained certifier educators. So I think it's important to ensure that the training that you do under this is delivered using, a training entity that has already tested curriculum and faculty that's experienced in delivering this kind of training for certifiers all across the country.

I, in fact, was our UV certifier for our district. And I can tell you that best practices is that you do have somebody set up in the system, that is the, certifier for the court system. And that's easy enough to do. We have examples of policies that have been used across the country. So I thank you for your, for your attention.

I really appreciate the opportunity to speak to you in support of this. I stand on my, written testimony that I provided and also the testimony by professor Leslie Orloff who's unable to be with you today because she's in the middle of a cross country airline flight. So thank you.

Thank you very much. Thanks for joining us. Next is Jen Kaguewa, Hawaii County Council member in support. Next is Reverend Amy Chiko Wake, Wesley United Methodist Church also in support. And then there's a pretty long list of individuals all in support.

The total numbers are 44 in support, zero opposed, zero comments. Is there anyone else who would like to testify in this measure, HB 1838? Come on up. Morning.

Thank you so much. Good morning, Senator and vice chair and everyone else in the committee. I'm here as a as a city as an individual. I work my name is Anna Flores. There you go.

Thanks. Manoa resident. And I worked for ten years with the consulate of Mexico in the continent. And I'm telling you this, you and T-Visas are life changing for many people. And when someone is trying to adjust their, status, the first thing an immigration lawyer will ask them is if they

were victims of a crime because then that will make things easier for them. So thank you so much. We will really appreciate if you can pass this bill also with the amendments that the legal clinic proposed. Important to mention that there are national caps,

10,000 for U-Visas and 5,000 for T-Visas. And if the people don't get the appropriate way from the state and and the law enforcement, then the Hawaiian people cannot get to those camps. So I really appreciate your your help passing this measure. Thank you.

Thank you very much. Anyone else like to testify in HB 1838? Okay. Seeing none members, questions? I'm sorry.

The the judge from Illinois, are you still there?

Judge Collins.

Yes. Judge Collins. Sorry.

I'm here. Yes. I am here.

Thank you. Can you just go over you know, most people aren't all that conversant in, U and T Visas. Can you just explain the basics of how they work?

Exactly. Thank you. The U-Visas are a mechanism by which victims of crime can come and ask for the court to certify certain facts, and then that certification is taken to the immigration authority. So it's important to remember that you, as a U-Visa certifier, are just certifying that

they're a victim of violence, that they have been, will be, or are likely to be helpful in this. And you can do that based upon written statements.

For example, in orders protections, I can do that based upon police reports that are submitted along with the U-Visa certified certification forms. So the T-Visas, are you talking about T-Visas? I can't remember if you said T-Visas or SIJs.

No.

T-Visas. Visa. Okay. Therefore, victims of trafficking, it's very helpful that it's T-Visas. So, and, and they also are, are a mechanism by which victims of crime can come before the court to ask them to issue this certification, which is then sent on to the immigration authorities.

So it's a very important process. Once that the court has an opportunity to do, because we have access to the information in the court files. I can tell you it was our practice. And I think most often throughout the country that we do them on cases that are closed.

So this is not an open case before me. I am merely reviewing documents. It's an administrative process. I review documents that have been submitted, and then I sign the certification form as I amend it. Okay.

And so the so the net result is that if the person was a victim of crime or or human trafficking, then they can if they get the visa, they can stay in The United States legally. And is there a path to citizenship attached to those two kinds of visas?

There there can be, but I'm not giving them a visa. All I do is send it on keep Right.

I understand.

All I do is send it on. I'm just kind of an initial gatekeeper, and then I send it on, and then they do other things. They they look at other things to make sure that the situation is in place. So eventually, it can lead to a path, but it's not quick or easy. But it is No.

I just I just just wanted to know I wanted people to know what the net result is because I I guess I understand that the the certifiers don't, I mean, the states don't issue visas.

Okay. Thank you very much. Other questions, Members? Okay. If not, let's go and move on to the last bill of the agenda.

That is HB1960 requires the department of the attorney general to develop a human trafficking awareness training program to educate and train workers on the transient accommodation sector. First up on HB 1960 is Yasmin Cheney, executive director for Hawaii State Commission on Status of Women. Morning again.

Morning again. Yasmin Cheney for the Commission on Status of Women. I stand on my written testimony in support of this measure. Thank you very much for your consideration.

Thank you. Johnny May Alperi in support. Women in support. Hawaii Women Lawyers in support. Chris Caulfield for Renewal Alliance in support.

Christine Andrews, JD in support. That's everybody who signed up on HB 1960. Would anyone else like to testify on HB 1960 either on Zoom or in person? If not, no merge questions. I don't think I have any questions on this one either.

So with with the member's indulgence, we'll just go ahead and roll into decision making on these two bills. First up is HB1838. On the language. The recognition is to pass with some amendments. Okay.

I'd like to adopt the suggested amendments from the legal clinic and the National Immigrant Women's Advocacy Project that add back state judges as certifiers of the visas by amending the definition of certifying official on page four.

To amend the definition of definition of certifying entity also on page four by deleting the language excluding state courts and referencing federal regulations and policies, but not adopt the request for an expansive list of entities.

So the definition of certifying entities will mean any state or county entity that is authorized under federal laws, regulations, or policy to issue you or key visa certifications. And then we'll amend section -5 on page seven regarding the determination of helpfulness based on both organization suggested

languages, similar to the HD1 language, but maintains the current rebuttable presumption. We'll exclude state courts and state judges from the judicial review process in section dash nine and page 8 through 10, and we'll specify that the required training in section -11 on page eleven and twelve uses existing,

tested curriculum and experience facility using the national immigrate immigrant women's advocacy project language. Make an additional amendment to the judicial review language to judge concerns about sealing the records by deleting the sentence on page nine, lines nine through 13 that starts digit petition

and related records really kept under seal. And we'll change the defective date until to March 22, 2075. Questions or concerns? If not, Senator Gabbard.

On HB 1838 HD 2.Chair's recommendations have passed with amendments. [Roll Call] The measure passes.

Thank you very much. Next up is HB 1960. Requires the Department of the Attorney General to develop a human trafficking awareness training program to educate and training workers on the transit and accommodation sector. Our recommendation here is to pass with amendments.

So there's a couple of pukas in the bill. So we'll set the timeline out as follows, and some of this is the same as is already in the bill and some are changes. So by July 1, 2027, the AG will develops a human trafficking awareness training program.

That date is currently in the bill. By September 1, 2027, the transient accommodations employers and transient accommodation contractors develop and implement human trafficking prevention policies. So that will that will be a change from the current, draft.

By December 1, 2027, the transient accommodation employers and contractors will train their employees. And then by January 1, 2028, human trafficking awareness posters or notices will be will be put up. And we'll put in a $100 as the fine for each separate violation. Let's see.

And we'll go ahead and change the effective date the defective date to a different one March 22, 2075. Questions or concerns? If not, Vice Chair.

On HB 1960 HD 2, Chair's recommendation is to pass with amendments. From the Members present, are there any no votes or reservations? Hearing none. The measure passes.

Great. Thank you very much. Thanks for thanks, everyone, for being here. We're adjourned.