Senate Standing Committee on Health and Human Services

Okay. Welcome everyone to the Judiciary Committee meeting. On this is our 09:45 agenda this Thursday morning, April two here in 016. We have 33 set 23 sets of rezos on our agenda. We do have a two minute time limit for both Zoom and in person testifiers.

And if we have a catastrophic problem, we'll try again in this room at 9AM on Tuesday, April 7, o one six. Oh, first up the first set of resos is on a senate concurrent resolution 64 and senate resolution 58 requesting United States Congress to remove cannabis from the Federal Controlled Substances Act, provide support to states that are clearing defendant's records of cannabis offenses and facilitate access to the full spectrum of banking services for cannabis related businesses.

First up on SCR 60 fourSR 58, we're gonna hear them together. So just one set of test and learning. First up is Steve Alm for the the prosecuting attorney for city and county in opposition.

Next is Shelby Picacho, billionaire on Zoom, maybe.

Not present on Zoom, Cher.

In support, Robert Bence for Hawaii Sustainable Farms on Zoom. Good morning.

Aloha, chair. This is Robert Bence in strong support. I really love cannabis for the medical benefits. It's the only reason I'm still alive according to several doctors. I had a random birth defect that was so large that Maui doctors came to my house and to my farm because they were amazed it didn't rupture and it was treated with radiation and it had a stroke and the only reason I believe I had that stroke is I did not use my medical cannabis.

So why I really strongly support federal legalization for medical purposes. This bill for descheduling would really help medical. It would also help hemp because it is all the same plant. And as long as it's used responsibly for those that are adults and education and aloha and not profit motivations shape state policy. I believe the more freedom we have from the Federal Government, the better.

24 states already have it, but I appreciate your, time this morning, and mahalo.

Thank you very much. Next up is Karen O'Keefe for Hawaii Alliance for Cannabis Reform, also on Zoom. Good morning.

Aloha. Good morning. I'm Karen O'Keefe. I'm with both the Marijuana Policy Project and the broader Hawaii Alliance for Cannabis Reform. We support the resolutions which call on Congress to remove cannabis from the Controlled Substances Act, support states record clearance for cannabis, and to facilitate banking access for cannabis.

24 states have legalized cannabis for adults 21 and older, and 40, including Hawaii, allow medical cannabis. Yet every single cannabis consumer, patient, and worker remains a criminal under federal law, and that needs to change. Cannabis prohibition wastes tax dollars, it perpetuates racial disparities, and it deprives people of their liberty for a plant that is safer than alcohol, and that for many is over the counter medicine. The legalizing and responsibly regulating cannabis grows the economy, increases freedom, and promotes health and safety.

Federal support for expungement is also important.

Since 1990, there have been more than 21,000,000 arrests for cannabis in The US. Those records make it hard to get housing, employment, loans, and occupational licensing. A lifetime of stigma is inappropriate for cannabis, and clearing those records is a moral imperative. Finally, access to banking is important for safety and to enable social equity applicants to access loans. Mahalo for the opportunity.

Thank you very much. Next up is Hawaii Organization for Progress and Equity in support. Eva Andrade for Hawaii Family Forum in opposition. Josh Frost for ACLU of Hawaii in support. Niko Leverence for Drug Policy Forum of Hawaii in support.

Teresa Armbruster in opposition in person. No. Courtney Kachir in support. Michael Goloju Sr. In support.

Johnny May L. Perry in opposition. And Wendy Gibson Viviani in support. That's everybody who signed up on SCR 64 slash sr 58. Would anyone else like to testify on these two measures?

Sure. We have someone on Zoom.

Yep. Go ahead. Good morning.

Good morning, everyone. Pikachu Shelby Benner Live. I fully support this measure because, you know, cannabis, Marijuana, whatever you call it, weed, it's an herb. So I would be an herbivore. Now this helps anxiety, depression, but people need to know what kind of medicine they're having.

One is sativa. The scientific name is called cannabis sativa. So that helps with the mental programming to help you think smarter, make neural connections. The other one is Indica. So if you're having construction, it's called Indicaouch.

So depending what kind of herb you have is depending how you're gonna determine. Most Popolo will do Indica Cuff in New York and Brooklyn. That's why they get the bad rap of they're doing bad stuff on wheat. It depends on how you use the medicine. So you have your hard construction work, back pain and stuff.

Instead of doing the other white pharmaceutical drugs, people use cannabis to help ease the pain, anxiety, and stress, and depression. For Indica, sativa is the mental upper, fixer upper. People put in brownies. If you gave this to Donald Trump, we wouldn't be in any wars. Nobody on weed has ever started any war.

They're going to chill, relax, and they're going to follow whatever they're going to do and follow the law. So this helps to relax everyone so they don't fight with you, they don't argue. If more people were on cannabis, there'd be less fighting in the world and more love. So please support this bill. It's an herb.

It grows naturally. It will be here before us. It will be here after us, and we all call it. Chee Hoo. Yay Hoo. Aloha.

Thanks very much. Anyone else wish to testify on these two measures? Seeing none, members questions? Okay, let's go and move on to the next set of measures, STR 81 and SR 71 requesting the Hawaii state commission on the status of women in collaboration with the Department of the Attorney General to establish a working group and provide a report to the legislature on ways to strengthen protections for survivors of image based sexual abuse.

First up on SCR 81 and SR 71 is a Mark Tom for the attorney general on Zoom, maybe.

Not present on Zoom, chair.

With comments. Next is Chris Caulfield for Immune Alliance. Morning.

Good morning, chair, vice chair, and committee members. I'm Chris Cofield speaking to you today as the president of Immune Alliance. We're in support of this resolution as, thank you very much for hearing a number of measures related to image based sexual abuse this year and thinking about them. So thoughtfully, it's an issue that's growing in our society.

Just to provide some context, one in twelve adults have experienced a nonconsensual distribution of intimate images according to national studies and nearly one in five young women report being subjected or threatened with it.

It has serious consequences, including depression, anxiety, suicidality, financial academic housing, and employment instability, and advances in artificial intelligence are only making the problem much worse. I myself am an image based sexual abuse survivor, so I can attest to how emotionally devastating it can be. I wanted to broaden out a little bit and provide some social context for this resolution for you this morning, though. Ingua has this superstar youth advocate named Amy Zhao. She's the real architect and driving force for this resolution.

She's one of the most brilliant, talented, and courageous teenagers I've ever known. She's become like a little sister to me over the last couple of years. She's spoken at the legislature about being a survivor of image abuse and gender violence. She's a senior at Iolani High School, and you may have seen in the news recently that several upperclassmen boys at Iolani were recently disciplined for engaging in misogynistic online behaviors.

What they were doing was ranking their female classmates into derogatory categories, and one of the categories that they used to rank young women at their school was how rapable they were.

That's the social climate in which our youth now live, and image abuse is literally and figuratively the most graphic extension of that climate teach leaving digital harm that can be nearly impossible to erase from the internet and leaving survivors with psychological wounds that can last for the rest of their lives.

I don't want this phenomenal young woman that I've gotten to know, and I care for so much to continue growing up in a world, that thinks that that kind of emotional violence is acceptable, and I hope that you will move this resolution forward to take a stand on the side of protection, prevention, and justice for her, and for future generations. Thank you so much.

Thank you. Next up is, Jasmine Chaney for the Hawaii State Commission on the Status of Women. Good morning.

Good morning, everyone. Excuse me. Yasmeen Chaney for the commission on the status of women. I stand in support of the resolutions and offer the following comments for the committee's consideration to strengthen the effectiveness of the measure. First off, in accordance with public health and sexual violence prevention best practices, the commission recommends that the scope of the working group's efforts be expanded to include prevention and intervention strategies in addition to survivor protections.

Secondly, the resolutions working group membership be expanded to ensure the appropriate stakeholders are at the table as diverse perspectives will be needed to inform its policy and programmatic recommendations. I put in my written testimony a link to HCR 55 that got passed last session. I feel like that group's composition more adequately will address and enable this resolution to be successful. The Commission is not opposed to the AG suggestion that the Legislative Reference Bureau be utilized to assist with the legal and policy research.

However, we would ask that the AG not be removed from their working group as the Commission does not have the necessary authority and expertise to ensure the report submitted to the legislature achieves the intended goals.

And so that's the reason. And lastly, the Commission would ask that the reports due date be adjusted so that it's submitted to the further regular session of 2028 and the working group be dissolved on 12/31/2027. Thank you for this opportunity to offer testimony, and I'll be available for questions.

Great. Thank you. Next up is Shelby Pichako, billionaire for Kenya with the Hawaiian Islands and Hawaii Unity Party on Zoom.

Hello, guys. This is Shelby. I do approve this bill. We have a lot of work to do. As you guys know, we have Justin Davis, your only US marshal, who is organ harvesting and smuggling kids' kidneys that want minor children, girls, 15 and below before they get pregnant.

They're selling kidneys for half $1,000,000. I reported this to the DOJ, police commissioners, Big Island, and Justice Dave Justin Davis is the only US marshal who has all keys, access to FBI, all that intel on the Big Island. He is hiding somewhere in Volcano because they reported him on Paradise Drive where one girl was rescued safely and that's how we got intel from one girl who had to get rescued out of there right next to the fire truck 22 Paradise Drive.

They had a hidden dungeon where they were chopping up bodies and the girl saw it. And there's organ harvesting Hawaiian kids kidneys for half $1,000,000 each.

You know, we got two kidneys that's $1,000,000. These are serious crimes going down. You also know I'm familiar with Ariel Sellers case. We still have the surviving daughters and the girls are still alive. But there's a lot of stuff that needs to be done to help the victims and survivors if they're still alive, not chopped up bodies from putting them in dog cages and acid down the toilet bowls in Waimanalo.

These are some serious crimes and we need your help to help protect our people, help protect your children and grandchildren because it's a world transnational crime and you know it's in the Epstein files. Donald Trump is on there for raping little girls, Katie Johnson and more. All funded by the Rock Childs and Jared Kushner is a part of it in the brains. So please do what you can do to make sure this passes to protect all of our keiki for future generations and beyond.

Love and aloha.

Peace.

Well, next up is Terry Long for Hawaii State Commission of Children's Justice Centers in support, Nexus Hawaii Women Lawyers in support, and Leymomi Khan in support. That's everybody who signed up on SCR 81 SR 71. Anyone else wish to testify in this pair of rezos? If not, members, any questions? If not, let's go ahead and move on to the last rezo of the agenda, which is Hcr 184 and sr 165.

Is requesting the Hawaii Civil Rights Commission to examine the applicability of existing state anti-discrimination laws to algorithmic and automated dec—automated decision systems. First up on 184 and SR 165 is Shelby Pikachu Billionaire on Zoom.

Oh, you guys are lovely with me today. So quick. So, I'm just gonna say yes, get this on, because I wanna hear Brenton Awa say yes to one of these bills. He always says no. So, today, I want to hear him say yes. Aloha.

Okay. Thank you. Next is Constance Yoonishiro for Hawaii Civil Rights Commission, with comments, and that's everyone who signed up on this pair of measure measures, SCR 184, SR 165.

Anyone else wish to testify in these two resos? Seeing none. Members, questions? Okay. I guess we're ready to vote. Everybody okay with that?

Okay. Let's go back to the top of the agenda. This is SCR 64, SR 58, requesting United States Congress to remove cannabis from the Federal Controlled Substances Act, provide support to states who are clearing of cannabis offenses. Our recommendation here is to pass the SCR and SR with amendments, technical amendments, including specifying in the title of the request is for Congress to enact legislation to cause the other actions to occur and delete two clauses about alcohol and tobacco as they seem irrelevant to this particular reso.

Questions or concerns? If not, Senator Gabbard.

[Roll Call]

Thank you. Next up is next pair up is SCR 81 and SR 71 requesting this Hawaii State Commission on the Status of Women in collaboration with the Department of the Attorney General to establish a working group and provide a report to the legislature on ways to strengthen protections for survivors of image based sexual abuse. Our recommendation here is to pass with some amendments.

We'll go ahead and add a legislative reference bureau as one of the collaborators for the working group, but we will leave the attorney general on the rezo too, and we'll make the report due forty days before regular session and have the report due before the twenty twenty eight regular session, not the twenty twenty seven regular session. Questions or concerns?

If not, Senator Gabbard.

On SR 81 and SR 71, chair's recommendations have passed with amendments. Any no votes or reservations? Hearing none, the measures are adopted.

Thank you. Next up is SCR 184 and SR 165 requesting the Hawaii Civil Rights Commission to examine applicability of existing state antidiscrimination laws to algorithm algorithmic and automated decision systems. Our recommendation is to pass as is for both of these. Questions or concerns?

I've just For your record, since there was a request, yes.

Yes. There

was a request to hear yes. Yeah. So I'm just

Oh, I see. Okay. Alright. Any other comments? If not, sir Gabbard.

On SCR 184 and SO165, chair's recommendation is to fast unamended. Are there any no votes or reservations? Hearing none, the measures are adopted.

Alright. Thank you very much, members. We do have another we have DM's for the, three judges that we heard the other day in about 2017 minutes. This clock's a little slow. So 10:20, we'll be back in.

We're adjourned.

We're adjourned.

Alright. Welcome everyone to our—this is the Judiciary Committee's 10:20 agenda. This is a decision making only agenda on three Judiciary communications for three district court judges that we heard and interviewed a few days ago. First up on this agenda is, you know, Judiciary communication number 23 submitted for consideration and confirmation in the district court of the first circuit, judicial nominee, Kirsha Kaulukane Milianani Durante, for a period term to expire in six years.

Recommendation on JC 23 is to consent. Any questions or concerns? If not, Senator Gabbard.

[Roll Call]

Okay. Thank you. Congratulations. And that's one, one more step. Next up is JC 24.

This is submitting for consideration and confirmation to the district court of the first, first circuit judicial nominee, Simeona Lynn Liliuokalani Ahuna Mariano, for a term to expire in expire in six years. Our recommendation here is also to consent. Questions or concerns? If not, vice chair.

[Roll Call]

Congratulations. Moving on. Finally, JC 25. This is submitting for consideration and confirmation of the district court of the third circuit, third circuit island of Hawaii judicial—judicial nominee, Andrew Michael Kennedy, for a term to expire in six years. Recommendation here also is to consent.

Questions or concerns? If not, vice chair.

[Roll Call]

Okay. Thank you very much. We're adjourned.

All right. Welcome everybody to the next Judiciary Committee hearing this Thursday morning, April 2.

This is our 10:30 agenda. This will be governor's message 674 submitting for consideration and confirmation to civil rights commission, gubernatorial nominee, Alfonso Braggs, return to expire 06/30/2029. If we have a if we have a crash let's see. Well, we we won't until we have a crash. Seventh.

Tuesday we'll go to Tuesday, I'm sorry. The April 7at 9AM. Sorry about that. If hopefully, it won't crash. Two minute time limit, and we'll start with the testifiers here on behalf of mister Braggs.

First up is Jane Butai for Hawaii Department of Labor and Industrial Relations. Oops. In support. Marcus Kawatachi, executive director for civil Hawaii Civil Rights Commission. Good morning.

Good morning.

Good morning, Chair Rhodes, vice chair Gabbard, members of the committee. It is a true pleasure for me to be here today. My name is Marcus Kawatachi. I'm the executive director of the Hawaii Civil Rights Commission. I'm appearing today on behalf of the staff of the Hawaii Civil Rights Commission.

You've seen the overwhelming testimony in support of Alfonso Braggs, and those were from people who have known mister Braggs for much longer than I have. I've known him for a relatively short time, but I've known him by reputation for quite some time, and his reputation has been impeccable. And so I got to know him personally when he became the interim interim commissioner and the interim chair of the commission. And from that moment, I could tell his reputation was very well deserved.

He's been serving the people of this nation honorably for his entire life.

He has been, for decades, a champion of civil rights within the state of Hawaii. And in his performance as the interim chair, it's been outstanding. And so he's been, very knowledgeable. He gives everyone a fair opportunity to express themselves in meetings, and he's very open to ideas and is is just the joy to work with. So as you can tell, he has my personal strong support.

And on behalf of the staff of the commission, we we really would be honored for him to be confirmed, as our next commissioner. Thank you.

Great. Thank you. Next is Keith Ayashi, director of department of education and support. Daphne Barbee for African American Lawyers Association on Zoom.

She's on Zoom.

She is? Miss miss Barbee, you there?

Hello? Yes. I'm unmuted.

I can't see you, but

Let me try to there.

There you go. Very different. Go ahead. Good morning.

I'm first. Oh.

Yeah. Go

ahead. Good morning. It's such a pleasure to see the nomination of Alfonso Braggs and have him serve as an interim chair. He is a very hard worker, and he's extremely fair and patient. He will listen to diverse views, and he offers a a very good perspective because he served on the military honorably.

And he's been the president of the NAACP for many, many moons over ten years and has served in that capacity, and people don't want him to go. I understand he's going to resign this year. People don't want him to leave because he's just a very compassionate, understanding, and he's fighting for civil rights. And that's who you would want as the chair on the Hawaii Civil Rights Commission.

And so I'm very pleased to see him being nominated, and I hope that all of you will indeed confirm his nomination. Thank you very much.

Thank you. Next up is Joshua Asugueta, president of Rotary Club of Downtown Honolulu in support. William Kaneko for Hawaii Coalition for Civil Rights also in support. Amy Agbayani in support on Zoom, maybe?

Not present on Zoom, chair.

In support. No one else has signed up to presume or in person. Everybody else is in favor. 29 support. No opposition.

No comments. Does anyone else wish to testify on GM 674 on Zoom or here? Seeing none, members, any questions for the testifiers we've had so far? Okay. Seeing none, mister Braggs, if you'd like to open make an opening statement, you're more than welcome.

Morning.

Aloha, chairman, vice chair, and committee. Mahalo for the opportunity to appear before you today. And I see that you've already received a number of letters and comments regarding my confirmation. Bless you. Thank you.

And I'm grateful for those kind words and support of all who have submitted testimony. I just wanna take a couple of minutes here and address the why I would make a good commissioner for the Hawaii Civil Rights Commission. I do bring a lifetime of private and public sector leadership, commitment to community, advocacy for civil rights, and a discipline for ethics and integrity. And I do believe in the rule of law and the fair treatment of all persons.

And I understand the gravity of this position and the duty before the civil rights commission.

And I don't enter IFA confirmed into this responsibility lightly. I recognize that we have some very serious work before us, and it requires an unwavering commitment to justice and equality for all. And I am committed to serving community, have been, and always will be. In high school, I served, on City Council as a youth member, and that was my first first public service and oath of office. And I immediately followed 26 plus years of honorable service in the military.

And I worked in the private sector for a few years before, returning to government. And along the way, I've had the honor of serving in various leadership roles, with organizations to better our communities. And I'm grateful for to have con sustained that commitment for over fifty years. This position, if confirmed, would afford me another opportunity to serve the greater good and continue what I believe is servant leadership.

Mister chairman and committee, I commit to you all the highest standards of ethical behavior, thoughtful analysis of the matters before the commission, and an immutable allegiance to the constitution, all federal and state laws, and other governing policies.

I am grounded in my service to humanity by a set of foundational principles, which are as old as time. Simply and in priority, my first duty is to my creator. I believe that I was created to serve a divine purpose. Second, to my fellow man, we are all unconditionally dependent upon each other. And lastly, to myself, I do recognize my duty to show my creator and fellow man honor, respect, and dignity through service.

And this order of priority allows me to stay grounded in such that it benefits humanity and helps me stay focused on what it means to foster space where everyone feels as though they are seen, they can be heard, and they have a sense of belonging. To me, that's what justice is all about. In conclusion, my record demonstrates one who is extremely passionate about justice, coupled with a profound regard for respect for cultural diversity. And I believe strongly in making a difference out of our differences.

Civil rights grants us that opportunity.

It is the enforcement, though, of anti discrimination laws. Educating and empowering our communities is how we make sure that those opportunities remain available to all who dwell within our shores. And should I be confirmed, and I hope that you will, I promise to bring honor to your decision, to entrust me with such a significant duty. More importantly, I will strive to make my ancestors proud and bring honor to the commissioners who came before me.

I thank you again for this opportunity to appear and stand available for any questions that you may have.

Thank you very much. Members, any questions? I have a couple I can start with. So obviously the situation of having regarding civil rights and diversity, equity, and inclusion at the federal level has changed significantly in the past few years. How how's can you tell us how that's affecting your work here in Hawaii on on the commission?

Well, I will say that, the people of Hawaii, unlike a lot of other states, truly feel shielded from a lot of the initiatives that may not have the full force of law because we have protections additional protections here in Hawaii. So until such time as the US Supreme Court firmly solidifies some of those initiatives, Our individuals here are protected, and the civil rights commission, I do say, will stand firmly in protecting the people here in Hawaii. K.

Something I failed to ask you when we when when we met privately, we we noticed that you're a plaintiff in an active civil rights case, Braggs and Island Alpha Group versus Kenneth Hughley junior. Can you give us a thumbnail version of what that's about?

That was a business endeavor where that individual

Oh, so it's not a civil

It is not a civil right.

Oh, I'm sorry. I misread it. Civil Yeah. It's just civil court. I'm sorry.

Alright. So it's still ongoing.

Oh, yes, sir.

And it's you don't think it'll have you don't expect it to

have any

certainly will not have any impact on decisions or anything that would come before the commission.

Okay. Alright. Members, other questions? Let's see see if I have one more for you here. You serve on several board.

You're on you're you're very active in the community, and you're on several other boards. Are you planning to to drop any of those, or are you gonna stay on everything?

I will be my term ends as president of the local NAACP, which which is an awesome heavy load. And so that does allow for more free time. To be quite frankly, my spouse really goes under the alias of civil rights. So, I do have permission to work in civil rights, until I can no longer work. And, so that that frees up a lot of times.

And quite honestly, the commission, only requires a smaller amount of time in contrast to what the NAACP are sent to. Okay.

Okay. Thank you. Members, any questions? Alright. I'm prepared to make a recommendation if everybody's prepared to vote.

So chair's recommendation sorry. I hate referring myself on the third person. My recommendation is to advise and consent to the nomination of Alfonso Braggs' civil rights commission for a term to expire June 2029. Questions or concerns? If not, Senator Gabbard.

Chair's recommendation on governance message 674 is to advise and consent. With all members present, are there any no votes or reservations? Hearing none, the measure is adopted.

Alright. Thank you very much. Thanks for your willingness to serve. We're adjourned. All right.

Welcome back to the ten forty five agenda. This is, judiciary and the committee on health and human services. We have one pair of ress on this agenda, senate concurrent resolution 53 and senate resolution 51, requesting the attorney general to conduct a comprehensive study of the Hawaii revised statute to identify provisions in which the term impair or a similar term is used to describe a person with disability and to suggest disability inclusive appropriate amendments.

First up on this pair is, Melissa Chi, deputy attorney general on Zoom, Perchance.

Not present on Zoom, chair.

In opposition, Louie Ertachek for Hawaii Disability Rights Center in support. Leland Brady for Aloha Independent Living Hawaii in support. And Johnny May L Perry also in support. And that's everybody who signed up. Is anybody on Zoom wishing to testify on these two on this pair?

If not, there's no one to answer questions of. Well, here's what I was thinking, chair San Buenaventura. I'm okay to switch it to the AG doesn't want it because they they think LRB should do it. That's fine with me, but it's it's your rezo. So if you wanna leave it at DAG, that's fine with me too.

LRB is fine.

LRB. Okay. So the recommendation is to pass it with LRB as the the organization that's doing the review, and I think there are some texts as well, and there'll be some conforming amendments to reflect that change. Questions or cons let me just be sure I got everything. Yeah.

Okay. Questions or concerns? If not, Senator Gabbard.

Chair's recommendation on SCR 53 and SR 51 is to pass with amendments. All members present, are there any no votes or reservations? Hearing none, the measures are adopted.

Thank you very much. And for HHS, we are going to defer, decision making to Monday at Room 225 at 02:00pm at 02:01PM. 806. 806. Thank you.

Alright. We are adjourned. Thanks very much.

Thank you.