Senate Standing Committee on Education
- Karl Rhoads
Legislator
Alright. Welcome everyone to the judiciary committee decision making only agenda for the April 7. If we have a catastrophic failure on the Zoom side, we'll try again tomorrow at on April 8. That's Wednesday at 09:30am in this room, 016. Okay.
- Karl Rhoads
Legislator
We have 37 bills, so we'll get started. First on the agenda is HB 1553. This requires any existing habitat conservation plan that does not include an agreement for emergency medical and rehabilitation services for effective native wildlife to be amended to include the services in agreement. Recommendation here is to pass as is. Questions or concerns?
- Mike Gabbard
Legislator
On HB 1553, SD1, recommendations to pass as is. [Roll Call] The measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1667. This lowers the age to obtain a state civil identification card without a signature from a parent regarding from 18 to 16. Our recommendation here is also to pass it unamended. Questions, concerns?
- Mike Gabbard
Legislator
Recommendations to pass unamended. [Roll Call] Otherwise, excused measures adopted.
- Karl Rhoads
Legislator
Yeah. Thank you. Next up is HB 1679. This clarifies an association board's authority of respect to calling and authorizing electronic meetings, electronic voting and electronic meetings, electronic voting without a meeting, and mail voting without a meeting. Clarifies that proxies are only to be used by any for any voting conducted at the meeting.
- Karl Rhoads
Legislator
Recommendation on this one is to, in subsection f on page five, specify that the order of controlling authority specify the order of sorry, specify that the order of controlling authority if a deadline for voting or written consent is established by an authority other than the board, it is first the what's what it says in the declarations, then the bylaws, and then Chapter five fourteen b that would control.
- Karl Rhoads
Legislator
Change the phrase special rule order to special rule on page four for clarity, and it still does have a bad date. Questions or concerns? If not, Senator Gabbard.
- Joy San Buenaventura
Legislator
Voting with reservations on this. I although I'm for electronic voting and and mail in voting, I think you there needs to be there needs to be there needs to be an ability for dissenters to be able to dissent instead of just voting as is with the ballot, whatever it is that the ballot is to then sent to them. Okay. Understood. So reservations.
- Karl Rhoads
Legislator
K. Thank you. Moving on to HB 1682. This enacts the uniform civil remedies for unauthorized disclosure of intimate images act. Well, more sort of, recommendation here.
- Karl Rhoads
Legislator
We'll just be technical amendments, and we'll add the committee report language expressing concerns about departing from the model act. The other problem the SD seek the other problems the SD one seeks to address may need to be a subject of a different bill, but it still has a bad date, I believe. Yes. So we'll go ahead and move it on with your concurrence. Questions or concerns?
- Mike Gabbard
Legislator
On HB 1682 and HD1 SD1, recommendations to pass with amendments of the members present. Are there any no votes or reservations? Hearing none, the measure to adopt.
- Karl Rhoads
Legislator
This requires drivers approaching stationary vehicles displaying warning signals to slow down and make a lane change if possible and safe to do so and come to a complete stop, prohibits the operation of a pickup truck with a passenger seated in the bed, or load carrying the area on roads with posted speed limits of 46 miles an hour or above and roadways with three or more lanes traveling in the same direction, provide certain exemptions from passenger restrictions, and increases the minimum age to ride in a bed to 18 from 12 does have a bad date.
- Karl Rhoads
Legislator
Recommendation here is to pass with amendments in part one, change the standard to reasonable and prudent for slowing down if no lane change is possible, and we'll add a severability clause as well since they're two very distinct parts of the bill. Questions or concerns?
- Mike Gabbard
Legislator
HB 1692 to HD2 SD1. Members present, any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1700. This includes housing projects for individuals with disabilities and individuals with access and functional needs as eligible projects to apply for expedited permits. Recommendation here is to pass as is. Questions or concerns?
- Mike Gabbard
Legislator
On HB 1700, HD1 SD1, recommendations to pass as is. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you, members. Next up is HB 1728. This requires the Department of Health to allow for the installation operation of rainwater catchment systems for potable and non potable I can never remember how that works pronounced. Potable potable something drinkable on all on all properties. Recommendation here is to pass as it is.
- Karl Rhoads
Legislator
It does have a bad date. Questions, concerns? If not, Vice Chair.
- Mike Gabbard
Legislator
HB 1728, HD1 SD1. Members present, any no votes or reservations? Measures adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1752. This replaces the adjutant general on the Hawaii Emergency Medical Services Advisory Committee with the administrator of the Hawaii Emergency Management Agency. Recommendation here is to pass with text only. Questions or concerns?
- Karl Rhoads
Legislator
If not, vice chair. If We don't have text on this one? No. I don't know how we came up with that. Let's see.
- Karl Rhoads
Legislator
Nope. Okay. My bad. Then it's just the unamended portions or concerns other than my messing up the bill sheet. It's okay.
- Mike Gabbard
Legislator
HB 1752, HD1 SD1, recommendations to pass as is. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1768. This prohibits any law enforcement agency or law enforcement officer from yeah.
- Karl Rhoads
Legislator
Requires certain social media platforms to provide an accessible mechanism for users to delete their accounts on the platform and permanently erase all personal information and sensitive personal information associated with deleted accounts. This is the one with text. Questions or concerns? If not.
- Mike Gabbard
Legislator
HB 1753, HD2 SD1, recommendations to pass with amendments. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1768. This prohibits any law enforcement agency or law enforcement officer from entering into an agreement under federal law that permits state or county agencies to engage in immigration enforcement. The recommendation on this one is to pass with some amendments suggested by the AG. So add a new section after section dash three prohibited action by law enforcement agencies or law enforcement officials.
- Karl Rhoads
Legislator
So that's basically a tech. And then the construction under so federal law, nothing in this chapter shall be construed as prohibiting or restricting any state or county law enforcement agency or any law enforcement official from acting in accordance with title eight, United States code sections thirteen seventy three and sixteen forty four. I believe it still has a bad date. Yes. Questions or concerns?
- Mike Gabbard
Legislator
HB 1768, HD1, HD1, recommendations to pass with amendments, and any votes or reservations. Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Yeah. Thank you. Next up is HB 1810 beginning in on the 01/01/2027, establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected nonterishable tangible property. And recommendation on HB 1810 is to pass with some amendments. We'll fix the section 467b-25 h three cross reference and move the prohibited act language to section 467b nine for chapter consistency, and we'll leave the bad date.
- Mike Gabbard
Legislator
HB 1810, HD2 SD1, recommendations to pass with amendments. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
You. Next up is HB 1858 relating to vital statistics, amends the various requirements in the event of the fetal death. Recommendation here is to pass as is. Questions or concerns? If not, Vice Chair.
- Mike Gabbard
Legislator
HB 1858 HD2 SD1 recommendation to pass as is. Any no votes or reservations? Hearing none, measures adopted.
- Karl Rhoads
Legislator
K. Thank you. Next up is HB 1875. This expands the protections established under act two of 2023 to include gender affirming health care services, including clarifying permitted disclosures or protected health information to address changes in federal regulation. The recommendation here is to pass with amendments.
- Karl Rhoads
Legislator
It will accept the amendments requested Planned Parenthood that amend the abuse of litigation statute on page three to five to allow for civil actions by aggrieved persons to be bought brought in the civil court where they reside or where they are or where they accessed, received, provided, or facilitated health care.
- Karl Rhoads
Legislator
Also, amend the abuse of litigation statute to add a subsection that clarifies that abuse of litigation does not include standard health care actions or activities of a health care regarding insurance coverage, status, fraud, waste, or the lawful activities of a health payer to re enforce the rights under a contract with a person or entity. We'll delete the reference to standard of care and the definition of gender affirming care on page seven, and we'll revise the preamble be consistent with above an amendments.
- Karl Rhoads
Legislator
We'll make the bill effective on 07/01/2026. And I'll just check with the human health and human services chair that That's fine.
- Karl Rhoads
Legislator
What she wanted to do. Okay. That's their suggestions, questions, or concerns. If not, Vice Chair.
- Mike Gabbard
Legislator
HB 1875 HD1 SD1. Recommendations passed with amendments. Any no votes or reservations? Vice Chair votes no. Measures adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1881. This prohibits passenger ropeways and all land use districts with an exemption for a government entity or government official government recognized corporation or nonprofit organization subject to legislative approval. Recommendation is to apply it to public property only to avoid potential takings issues. And they did receive prior concurrence, and I think it still has a bad date.
- Karl Rhoads
Legislator
Yes. Still has a bad date. Questions or concerns? If not, Vice Chair.
- Mike Gabbard
Legislator
On HB 1881, HD1 SD1, recommendations to pass an amendment. Any no votes or reservations? Measures adopted.
- Karl Rhoads
Legislator
K. Next thank you. Next up is HB 1886. Establishes provisions limiting state and federal collaboration for purposes of immigration enforcement standards, establishes identification and facial coverage standards for state and federal law enforcement officers, and establishes criminal offenses for improper facial coverings and lack of visual identification on all the rights civil immigration and interrogation, arrest, or detention. Okay.
- Karl Rhoads
Legislator
This we do have prior concurrence, and there's a whole bunch of changes, so bear with me. We'd like to harmonize Chapter one thirty nine with Chapter seven ten and add plain clothes plain clothes identification exemption. We'll amend page seven, lines nine to 12, and page eight, lines 11 to 21.
- Karl Rhoads
Legislator
So the administrative section mirrors the criminal section and includes a plainclothes exception that will read no law enforcement officer or federal law enforcement officer officer shall wear a facial covering conceals or obscures the officer's facial identity while engaged in official duties in a public setting except as provided in subsection e.
- Karl Rhoads
Legislator
In the subsection b, every law enforcement officer and federal law enforcement officer engaging in official duties in a public setting shall display visible identification on the outermost garment or gear that includes the eight officer's agency, either the officer's last name or unique badge number provided that this subsection shall not apply to a plainclothes or undercover operation authorized by supervising personnel or core or or disclosure of identity would jeopardize officer safety or the inter integrity of the operation.
- Karl Rhoads
Legislator
Then another section will another addition would be eliminate duplication or conflicts between the two face covering sections to keep both sections at a conforming clause at the start of Chapter seven ten. Requirements and exemptions in this section shall be construed consistently with Section one thirty nine, and we'll amend the page nine, line 20 to page 10, line two. So the criminal sections also requires intentional concealment.
- Karl Rhoads
Legislator
No law enforcement officer shall intentionally wear a facial covering and conceals or obscure to law enforcement's facial identity while the officer is performing official duties. And then we'll remove, remove a redundant SWAT exemption.
- Karl Rhoads
Legislator
So delete on page 10, line 16 to 18, assigned to special weapons and tactics teams while perform actively performing special weapons and tactics responsibility. Replace unauthorized interrogation offense with a narrower version. Replace page 12 line 16 through page 13 line 16 with unauthorized civil immigration arrest or detention.
- Karl Rhoads
Legislator
A person commits the offense of unauthorized civil immigration arrest or detention if the person is a law enforcement officer acting under color of law who intentionally or knowingly acts beyond the scope of the law enforcement officer's lawful authority by initiating or prolonging a stop, detention, or arrest for the purpose of determining or enforcing the person's civil immigration status when the law enforcement officer lacks reasonable suspicion based on specific and articulable facts that the person is unlawfully present in The United States.
- Karl Rhoads
Legislator
An unauthorized civil immigration arrest or detention will be a class c felony.
- Karl Rhoads
Legislator
The purposes of this section, civil immigration status means a person's status under a federal immigration law that is civil nature, not by itself a crime a criminal offense under state law. Reasonable suspicion shall be not based on based solely on race, color, ethnicity, national origin, ancestry, language, accent, religion, manner of dress, presence in a particular location, or the exercise of rights protected by The United States interrogation and delete or the or in the court or the Hawaii state constitution from the regional suspicion definition.
- Karl Rhoads
Legislator
And we'll add a savings clause. And then I'd also like to add committee language pointing out to conferees that there are several related bills still alive, and we'll list them to note that they aren't all referred the same way. So I'll include specifically Senator Chang's bill, Senate bill 2203 in addition to those noted in other places.
- Karl Rhoads
Legislator
Want me to repeat that? Questions or concerns? If not, Vice Chair.
- Mike Gabbard
Legislator
On HB 1886, HD2 SD1, recommendations to pass with amendments. Are there any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1897. This amends the conditions and procedures of alternate dispute resolution for condo related disputes. This one, I'm not quite happy with yet, so I'm gonna defer it until Thursday, 10:02AM. That is April 9 at in this Room 016.
- Karl Rhoads
Legislator
K. Next up is HB 1957 related to safe entryways, establishes for a county with a population greater than 300,000 enforcement procedures to prevent people or personal property from blocking or otherwise impeding entryways. This one I'm gonna defer indefinitely. It certainly isn't a a problem.
- Karl Rhoads
Legislator
It certainly is a problem in the district I represent, but if the doorway is private property that's trespass and if it's on a public sidewalk, there's already a law that prohibits you from blocking the sidewalk, which was my bill back in, like, 2014.
- Karl Rhoads
Legislator
So that one is deferred in that one. HB 1959 is next relating to domestic violence, violence, extends for five years, certain provisions from act 19 from session loss twenty twenty relating to abuse family or household members, including establishing a petty misdemeanor, offense of abuse for family or household members, clarifying the penalties for violations, etcetera. Recommendation here is to pass it as is. Questions or concerns? No, vice chair.
- Mike Gabbard
Legislator
HB 1959 HD 2 SD1. Recommendation is to pass unamended. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1961. This prohibits persons from interfering with another person's access to or from a health care facility or disrupting the normal functioning of a health care facility. Makes violations of petty misdemeanor as it establishes a private right of action. Recommendation here is also to pass as is.
- Mike Gabbard
Legislator
HB 1961, HD2 SD1, recommendation to pass as is. Any no votes or reservations? Vice Chair votes no. Measures adopted.
- Karl Rhoads
Legislator
Thank you. Next is HB 1962 and establishes misestablishes an exemption for mediation and parentage proceedings where there are allegations of domestic abuse, clarifies the exemptions for mediation and to force proceedings as it relates to domestic domestic abuse. Recommendation on nineteen sixty two is to pass as is. Questions or concerns? If not, vice chair.
- Mike Gabbard
Legislator
HB 1962 HD2 SD1recommendations to pass as is. Any no votes or reservations? Hearing none, the measure is adopted. Thank you.
- Karl Rhoads
Legislator
Next up is HB 2078. This requires the attorney general in consultation with Criminal Justice Research Institute to submit ongoing annual reports to the legislature. I'm sorry. This is having to do with habitual violent crime. The recommendation on HB 2078 is to require reports to contain only aggregate information and exclude personally identifiable slash confidential confidential information.
- Karl Rhoads
Legislator
And it does have a bad date still. Questions or concerns? If not, Vice Chair.
- Mike Gabbard
Legislator
Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 2088. This adds the requirement that a written consent to adoption be notarized. Recommendation here is to pass as is. Questions or concerns? If not.
- Mike Gabbard
Legislator
HB 2088, recommendation to pass as is. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 2096, clarifies and expands procedures for aggregate aggravated circumstances since determinations and child protective act proceedings. The recommendation on 2096 is to pass as is. Did I skip one?
- Karl Rhoads
Legislator
Moving on to HB 2093, it provides for the temporary sealing of certain medical records and professional evaluations filed in the guardianship and conservatorship proceeding spending and judicial determination on the need for continued sealing. Recommendation is to pass as is. Questions or concerns? If not, vice chair.
- Mike Gabbard
Legislator
On HB 2093 SD1, recommendation to pass unamended. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Alright. That brings us to HB 2096. This clarifies and expands procedures for aggravated circumstance determinations in child protective act proceedings. The recommendation here is also pass as is. Questions or concerns?
- Mike Gabbard
Legislator
HB 2096, HD2 SD1. Recommendations to pass as is. Any no votes or reservations? Hearing none, the measure is Aye.
- Karl Rhoads
Legislator
Thank you. Next up is HB 2097. This authorizes administrators driver's license revocation hearings to be conducted using interactive conference technology. Clarifies that evidence in hearings conducted via interactive conference technology may be submitted and exchanged electronically. Our recommendation here is to pass as is.
- Mike Gabbard
Legislator
HB 2097, HD1 SD1 , recommendations to pass as is. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 2121 beginning of 01/01/2027, prohibits the sale, offer for sale, or distribution for sale of any disposable electronic smoking device in the state. Recommendation here is I'm gonna defer it, and the reason for it is SB 2175, which has a less challengeable title is moving on the house side. So we'll defer this one. HB 2152 relating to dog attacks.
- Mike Gabbard
Legislator
So the recommendation is to make some amendments. But if you don't like them, Chair Gabbard, we can do otherwise. The recommendation my recommendation on is on page three, line 16, and page four, line oh, lines 12 and 13. Limit persons who may kill the dog to to the owner of the livestock or their agents, which may include family members, and make the application to district court just like any other filing to district court, and the judge may order the dog euthanized.
- Mike Gabbard
Legislator
And we'll remove the joint and several liability on page 6 line 7, which I'm not sure it means anything in this context.
- Karl Rhoads
Legislator
And it does have a bad date, so you can tinker at conference if you want. Okay. Sounds good. Other questions or concerns? If not, Vice Chair.
- Mike Gabbard
Legislator
HB 2152 HD2 SD1, recommendation to pass with amendments. Any no votes or reservations? Hearing none, the measures are done.
- Karl Rhoads
Legislator
Okay. Next up is HB 2282 beginning the 01/01/2027, requires insurers to provide explanation of premium increases upon request. Recommendation here is to pass as is. Questions or concerns? If not, vice chair.
- Mike Gabbard
Legislator
On HB 2282 HD1 SD1 recommendation to pass as is. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
K. Thank you. Next up is HB 2293. This clarifies the scope of the Department of Education's harm to student registry by excluding k to 12 students and providing their contractors and volunteers are included only if the roles involve interaction with students. Recommendation here is to pass as is.
- Mike Gabbard
Legislator
HB 2293 HD2 SD1. Recommendation to pass as is. Any no votes or reservation? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. That brings us to HB 2309 relating to the Wayne Holmes Commission Act of 1920 that amends this act to include siblings, children as qualifying relatives of lessees. Can I skip one again?
- Karl Rhoads
Legislator
HB 2309, this is the Hawaiian Homes Hawaiian Homes Commission Act changes to include to amend it to include siblings, children as qualifying relatives of lessees for the purposes of lease lease transfer and lease accessorship in the same manner currently allowed for spouses, children, grandchildren, and siblings. We'll go ahead and put a different bad date on it, 03/22/2075. So that's the only amendment. Questions or concerns? If not, Vice Chair.
- Mike Gabbard
Legislator
HB 2309 HD1, the pass of amendment. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Okay. Thank you. Next up is HB 2314 modernizes Hawaii's emergency medical service laws to align with current best practices. Our recommendation here to pass as is. Questions or concerns?
- Mike Gabbard
Legislator
On HB 2314, HD2 SD1 recommendation to pass as is. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 2324. This repeals the requirement that the Department of Labor and Industrial Relations regulate hoisting machines and certify their operators on the hoisting machine operators advisory board. The recommendation on this one is to defer it. The companion SB 3144 is already to the full house and is scheduled for tomorrow, I believe. Next up is HB 2413.
- Karl Rhoads
Legislator
This requires release on recognizance for defendants charged with violations, traffic offenses, nonviolent pettis, nonviolent misdemeanors, nonviolent class c felony, subject to conditions. Our recommendation here. Our recommendation here is to pass it with several amendments. There is a bad date on it, which we will leave for further discussion. Proposed amendments are to define violent use looks I'm sorry.
- Karl Rhoads
Legislator
Is that correct? Yes. We'll define violent. We'll use the definition we used for, like, an immigration bill, violent crime that we used for immigration bill a week or so ago. For purposes of this section, violent or violent offense means a crime of violence as defined in Section 134-1.
- Mike Gabbard
Legislator
And under Section 134-1, crime of violence includes any offense under federal or state law or the law of another state, United States territory. I don't think we need to read that bubble thing. So that's that's where it is. We'll replace subsection f written findings with oral findings on the record with findings reflected in minutes minute orders as appropriate.
- Mike Gabbard
Legislator
And we'll limit the reconsideration of bail without cause to one time and allow more re allow another re allow further reconsiderations if there's a change of circumstance or new information.
- Mike Gabbard
Legislator
We'll clarify subsection I so only the court may impose sanction or financial conditions under sub under Section eight zero four dash 7.3. Prosecutors' pretrial officers may only file the application or request. And I'd also like to put in some committee report language explaining that posting bail is no guarantee of appearance and that those on bail commit additional crimes from time to time. Note that to ensure appearance by every arrestee, everyone should have to be held I'm sorry.
- Mike Gabbard
Legislator
To ensure appearance by every arrestee, everyone would have to be held until their trial date.
- Karl Rhoads
Legislator
Not only would this be very expensive, it's not necessary, and it's probably unconstitutional as well. The general rule is that you are innocent until proven guilty, not that you must start serving a sentence before you've been convicted of a crime. I believe we I mentioned we do it in prior to occurrence. Questions, concerns? If not, vice chair.
- Mike Gabbard
Legislator
HB 2413 HD1 SD1 of relations to pass with amendments. Any no votes or reservations? Vice Chair votes with reservations. Measure is adopted.
- Karl Rhoads
Legislator
Alright. Thank you very much. Next up is HB 2433 requires that priority be given to the language of a law that aligns with the intent of the legislature. If there is a difference between the English and Hawaiian versions of the law that is material to its interpretation. Recommendation here is to pass with an amendment.
- Karl Rhoads
Legislator
We'll amend the HRS section one dash 13 to retain when we amend the this bill to retain the current language in one dash 13 that English and Hawaiian are the official languages of Hawaii. The bill said that they would be the official language of Hawaii, but they are the official language languages of Hawaii. And then we'll also put on a different band date, 03/22/2075. Questions or concerns? If not, Vice Chair.
- Mike Gabbard
Legislator
HB 2433 HD1. Recommendation is to pass with amendments. Any no votes or reservations? And none, the measure passes.
- Karl Rhoads
Legislator
K. Thank you. Next up is HB 2503. This authorizes civil asset forfeiture related to fireworks offenses that can constitute felonies. Recommendation here is to accept the AG's technical amendment clarifying that only felonies trigger forfeiture.
- Mike Gabbard
Legislator
HB 25 03 HD1 SD1 recommendations passed with amendments. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 2505 relating to assist community treatment, verifies the community mental health outpatient programs that have agreed to provide mental health services to a defendant as part of an assisted community treatment order may prepare a cert a certificate for assisted community treatment and provide the certification certificate to defendant and may file an assisted community treatment petition with the family court. Recommendation here is to pass unamended. Yes. Unamended.
- Joy San Buenaventura
Legislator
The Department of Health proposed amendments that they gave it to me pretty late, so I told them to put it in for this one.
- Karl Rhoads
Legislator
Okay. I mean, otherwise, it's just gonna go to conference. It'll be.
- Karl Rhoads
Legislator
Let's just go with unamended then Yeah. Okay. Thank you. Other concerns or questions? If not, Vice Chair.
- Mike Gabbard
Legislator
HB 2505 HD1 SD1 recommendation to pass as is. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Okay. Next up is HB 2540. This prohibits with certain exceptions to use of facial coverage, coverings, and requires visible identification by law enforcement officers in their vehicles and the forms of their duties and does a number of other things. Require state and county law enforcement agencies to establish policies regarding state and county cooperation with federal civil immigration enforcement prohibits law enforcement officers from relying and stop them required by the civil person.
- Karl Rhoads
Legislator
Civil immigration statuses establishes criminal offenses for use of a mask or facial covering by a law enforcement officer, lack of visual identification, unauthorized civil integration interrogation.
- Karl Rhoads
Legislator
K. Recommendation here is another long one. Okay. So it's long, so bear with me. So we'll recast note of provisions in in Section one thirty nine a as mandatory police as mandatory policy terms.
- Karl Rhoads
Legislator
Place section replace page 6 line 414 with a requirement that no an opaque facial covering may only be used when no other reasonable alternative exists and assess these documented contemporaneously or seems practical thereafter. And the identification required on its policy remains visible unless an express exemption in paragraph three applies to the identification requirements.
- Karl Rhoads
Legislator
Requirement that no supervisor shall knowingly allow law enforcement officer or the person supervisor's command to violate state law or agency policy regarding the use of facial coverings and display of of identification on the officer or vehicle. Then a section on will make making criminal make criminal exemptions match policy exemptions.
- Karl Rhoads
Legislator
Replace page 12, line 13 to 19 with the sections from that apply to a law enforcement officer who is engaged and authorized undercover assignment or operation or related duties and support an undercover assignment or operation authorized by supervising personnel or court order engaged in an active tactical operation where protective gear is required for safe physical safety using protective equipment as required by epical I'm sorry.
- Karl Rhoads
Legislator
But using protective equipment as required by applicable occupational health and safety law using a facial covering to protect identity during prosecution prosecution as authorized by law or court order or a plainclothes officer designated by the officer's agency provided that the officer may wear a facial covering only when within the eyesight of another officer from the same agency who's unmasked while a masked plainclothes officer performs official duties.
- Karl Rhoads
Legislator
We'll add a positive definition of mask or facial covering, which I don't think I need to read out and no. Okay. We'll just leave that one as add a positive definition of mask or facial covering. And then we'll simplify the vague Section one thirty nine b standards.
- Karl Rhoads
Legislator
Again, I don't think I need to read that one out. And we'll remove our narrow 353 c to the department of law enforcement only. And we'll replace sections 10 seven ten b with suggestions by the AG. Seven 17 b would be unauthorized civil immigration arrest or detention.
- Karl Rhoads
Legislator
The person commits the offense of unauthorized civil immigration arrest or detention if the person is a law enforcement officer acting under color of law who intentionally or knowingly acts beyond the scope of the law enforcement officer's lawful authority by initiating or prolonging any stop detention or arrest for the purpose of determining or enforcing the person's civil immigration status when the law enforcement officer lacks reasonable suspicion based on specific and predictable facts and the person is unlawfully per The United States.
- Karl Rhoads
Legislator
Unauthorized civil immigration arrest or detention is a misdemeanor. Purpose of this section will add a definition of civil immigration status and reasonable suspicion. We'll delete the definition of interrogate and also amend the fine findings on pages three line one to two to change the offense offense captioned from unauthorized civil immigration integrations, arrest or detention to unauthorized civil immigration or Yep. Yeah. Just taking out the immigration.
- Karl Rhoads
Legislator
And we'll clarify in unified law enforcement agency. Law enforcement agency means any county police department, the Department of Law Enforcement, Department of attorney general, division of conservation and resource enforcement, or the Department of Land and Natural Resources, and any other state or county health body to impose law enforcement officers in any federal law enforcement agency. And and that's it. And we have prior concerns from both both previous chairs. So questions or concerns?
- Mike Gabbard
Legislator
On HB 2540 HD2 SD1 recommendations to pass with amendments. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Alright. Thank you, Members, and thanks everyone for being here. I promise I will never ever do a 37 bill agenda again. Hey. For any
- Donna Kim
Legislator
Good morning. I'd like to call to order the joint committee on committee of education, committee on judiciary. Today is Tuesday, April 7, 10:45AM. We are in Conference Room. We're on 10:45 AM's agenda.
- Donna Kim
Legislator
It is 10:52AM, and we are in Room 16. We have just one item on the agenda. Senate Concurrent Resolution 105 and Senate Resolution 99. This is urging the Department of Education to provide information to students on how to pre register to vote prior to reaching voting age. And, we have four people signed up to testify.
- Donna Kim
Legislator
I don't see them in the room, but we have Keith Ayashi from Department of Education, Scott Nago for Office of Elections, Yasmin Shaney from the Hawaii State Commission on Status of Women, and Shaina Wailana Kukila for the League of Women Voters, all in support. Anyone else wishing to testify on this measure? I hear no one else here to testify. Members are open for discussion as there's no questions to ask anybody. This is not my resolution, so I can't even speak on this.
- Karl Rhoads
Legislator
Okay. This this is an education question. We were thinking of explaining it to people in your MS Teams.
- Donna Kim
Legislator
Okay. Members, if there are no discussion, recommendation is to pass both SCR and SR as is one second. Hold on. Technical and non substantive amendments for clarity and consistency.
- Donna Kim
Legislator
So with an SD1. Any any discussion? Hearing none. This is to pass I don't remember. To pass amended.
- Karl Rhoads
Legislator
It's me. She's amendment. We're lenient. I'm gonna complete. Text.
- Karl Rhoads
Legislator
For JC Members, same recommendation. Questions or concerns? If not, Vice Chair.
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Next bill discussion:Â Â April 7, 2026
Previous bill discussion:Â Â April 7, 2026