Senate Standing Committee on Judiciary

Okay. Calling the 10:00 a.m. meeting to order. This meeting, including audio and video remote participants, is being streamed live on YouTube. You will find links to viewing options for all Senate meetings on our live and on-demand video page of our website. In the event we have to end this hearing due to technical difficulties, we will reconvene on Thursday, April 9, 10:56 in this room.

This is for decision-making, oral testimony. No oral testimony will be taken. If you're interested in reviewing the written testimony, please go to our website. You will find the link on the status page of each measure. It is House Bill 1800. The recommendation is to pass with amendments. Any discussion?

Good bill.

On the macro issue.

On which one?

Macro issue that we've been getting emails-- the macro.

Okay, recess.

Okay, discussion. So mahalo to Senate President, Vice President Kidani, Majority Leader Kanuha, Vice Chair Moriwaki, the subject matter committee chairs for their leadership as we address this complex statewide issues.

Thank you to the Ways and Means Committee. Also, a big mahalo to Governor Green and the Administration for the continued partnership in the face of federal funding changes and local severe weather events. HB 1800 is a culmination of many hours of dedication and diligent efforts by this body to identify opportunities for strategic appropriations to create a home where our residents can Global-- can be globally competitive.

Economic uncertainty caused policy changes at the federal level that impact safety net programs. SNAP and Medicaid eligibility changes put vulnerable households at risk of losing food assistance and health coverage, and shift administrative costs to the state, cost-of-living increases due to the war in the Middle East, and in March 2026, Kona low weather events caused significant damage across the state.

On March 23rd, Governor submitted a formal request for a Presidential Disaster Declaration, which would unlock critical support from HEMA-- FEMA. On March 24th, the Congressional Delegation submitted a letter in support stating the damage from the storms may exceed $1 billion. A Major Disaster Declaration for Hawaii has not been received.

These economic uncertainties emphasize the importance of the Senate's position to preserve future income tax cuts for working families. The budget is part of a larger package of tax system reform, long-term investments, and cost-saving measures to increase the resilience of the state while also delivering on meaningful tax relief to our working families.

The budget reflects a multi-pronged approach that captures underutilized funds to prioritize resources for essential public services, including funding for programs in critical areas as identified in the Senate Majority Package: housing and affordability, workforce development and economic diversification, healthcare and public safety, education and higher education, food security, agriculture and environment, infrastructure, transportation, and community support, and government reform and operations.

Cost-saving strategies in the budget to prioritize underutilized funds for essential public services include reduced lapse Funds-- reducing lapse funds on the-- basing it on the average of the last five years, which produced a savings of more than 240 million in General Funds. We're also eliminating long-term vacancies in alignment with DHRD's Act 57 Report, producing cost savings totaling more than 17 million across all means of financing, including 8 million in General Funds.

We're eliminating vacancies that are not in active recruitment according to each department, producing cost savings totaling more than 26 million across all means of financing, including 11 million in General Funds. And we're encouraged-- we are encouraged by financial self-sustainability for authorities and corporations by centralizing administrative services and shifting them to non-General Funds, producing cost savings totaling more than 39 million.

The Senate Draft proposes an operating budget, all means of financing 19.772 billion in Fiscal Year 26 and 20.147 billion in Fiscal Year 27. General Funds total 10.425 billion in Fiscal Year 26 and 10.441 million--sorry--10.441 billion in Fiscal Year 27.

The highlights of our budget include for Department of Agriculture and Biosecurity, we're reducing $262,455 in unutilized non-General Funds, increasing federal fund ceilings by $100,000 for Brown Treesnake Program, adding a little over 18 million for agriculture, land, and industry protection for invasive species, adding 2.5 million for agricultural systems and preparedness projects. We're increasing Pesticide Use Revolving Fund ceiling by 600,000 to deal with the Pesticide Disposal Program.

For Accounting and General Systems, we're adding a little over $1 million for statewide utilities. We're adding one permanent position and 85,000 for central custodial services, adding 250,000 for building repairs and maintenance. We're increasing the State Motor Pool Revolving Fund ceiling by 1.3 million for electrical infrastructure and equipment and increasing the State Parking Revolving Fund ceiling by 500,000 for electrical infrastructure and equipment.

For the Department of the Attorney General, we're adding $1 million for litigation expenses, increasing the federal fund ceiling by $345,159 for federal awards, and we're increasing the Medicaid Investigations Recovery Special Fund by 200,000 for anticipated federal awards state match.

For DBEDT, we're increasing the Energy Security Fund ceiling by 6 million for Geothermal Carbon Sequestration and Underground Water Resource Characterization Program, adding 400,000 for regional tourism marketing and route development, consolidating 11 permanent positions and six temporary positions, and $1,359,612 from various attached agencies under the DBED Director's Office for administrative services; transferring in one permanent position and $116,265 to establish a taxation compliance coordinator.

We're increasing the Special Land Development Special Fund by $2 million for a national disaster economic recovery strategy update and implementation. We're adding 11,636,000 for water systems safety and preparedness, and we're changing the means of financing for 29.5 permanent positions, three temporary positions, and $8,701,506 from General to non-General Funds for attached corporations and authorities.

We're adding 300,000 for educational exchange programs in coordination with the Maui and Oahu Metropolitan Planning Organization. For B&F, we're adding $1,820,168 and increasing the Special Fund ceiling by $320,844 to implement recommendations from the Commission on Salaries.

We're adding $3,527,463 for fringe benefits, increasing ERS ceiling by $123,343 in one permanent position, increasing the Hawaii Employer Union Health Benefit Trust Fund ceiling by $139,598 for one position, and we're adding $748,552 for the health premium payouts, excluding DOE and UH.

For DCCA, increasing Special Fund ceilings by $1,175,372 for fringe benefits, increasing the PUC Special Fund ceiling by $595,915 for Division of Consumer Advocacy operations, increasing the Compliance Resolution Special Fund ceiling by 20,000 for outreach events and public service announcements.

For Department of Defense, we're increasing the Hawaii and Air National Federal Fund ceiling by $118,376 for two building and grounds supervisors. We're increasing the same ceiling by 78,595 for one Natural Resources management program specialist and also increasing the ceiling by $83,578 for one engineer.

Now we're also increasing the ceiling by $27,571 for one vector control worker for the Hawaii Army and Air National Guard and by $31,451 for one administration assistant IV for the Hawaii Air National Guard and adding $50 million for an infusion into the Major Disaster Fund. We're also transferring in two positions and $3,258,451 for the Hawaii Emergency Management Agency. For DOE, we are adding 26 permanent positions and $1,065,640 for regional kitchen operations.

We're adding one permanent janitor too, and $50,640 for the high core, temporary, and future permanent facility. We're increasing the Teacher Housing Revolving Fund ceiling by 500,000 for teacher housing cottage repairs, increasing the Facilities Development Assessment Revolving Fund ceiling by $7 million for architectural and engineering services to support CIP and deferred maintenance, adding 675,000 for the McKinley Community School for Adults statewide digital curriculum access and K12 curriculum, adding two permanent positions for the Hawaii Early Childhood State Plan, and adding one permanent evaluation specialist, two for Early Learning system coordination.

For the Office of the Governor, we are adding $280,935 for operating expenses. For Department of Hawaiian Homelands, we're increasing Federal Fund Revolving Loan ceiling by 23 million for federally funded loan disbursements. For DHS, we're adding 1.5 million for child protective contract services.

We're adding $297,500 for the Office of Wellness and Resilience expenses. We're adding $22,080 for the Office of Wellness and Resilience collective bargaining, adding $30 million in General Funds and increased federal fund ceiling by 30 million for system requirements and staff augmentation to implement congressional HR 1.

We're adding 16.5 million to cover the loss of Affordable Care Act tax credits. We're changing the means of financing from Federal to General Funds for 101.53 permanent positions and $13,423,792 for SNAP administrative expenses. We're adding $45 million in General Funds and increasing the Federal Fund ceiling by $65,375,276 dollars for capitation expenditures.

For Department of Health, we're increasing the Universal Immunization Purchase Special Fund ceiling by 30 million to support vaccine purchasing program start up, adding 1,416,250 for core clinical services at Kahuku Hospital and adding 6 million in overtime for the Hawaii State Hospital. We're adding $8,044,600 for the psychiatric bed contracts for the Hawaii State Hospital and $206,158 for an integrated data system.

We're increasing the Medical Cannabis Registry and Regulation Special Fund ceiling by 500,000 for a cannabis registry and regulation reference library. We're adding 4.5 million for emergency medical services, and we're adding 2,780,000 for Department of Health's leads rent. For Department of Law Enforcement, we're transferring in 318,000 from the Department of Labor and Industrial Relations for the State Fire Council and adding $818,600 for wildfire preparedness.

For Department of Labor, we're transferring out the 318,000 to the Office of the State Fire Marshal in DLE, and we're adding 898,000 for Farm-to-Food Bank programs. For DLNR, we're adding two permanent positions, 133,566.

For the Hawaii Climate Change Mitigation and Adaptation Commission, we're adding one permanent position and 150,000 for the Na Ala Hele Trails Program. We're increasing the Red Hill Remediation Special Fund ceiling by 5.5 million for Red Hill remediation projects. We're increasing federal fund ceilings by $850,923 for native resources and seabirds, increasing federal fund ceiling by $5,562,554 for native resources and fire protection programs statewide, increasing federal fund ceilings by $1,517,510 and adding 15 positions for the Division of Forestry and Wildlife.

We're increasing Ocean-Based Recreation Special Fund by $5 million for maintenance and repair projects at small boat harbors and we're adding $42 million in Fiscal Year 26 and $87 million in Fiscal Year 27 to be deposited into the Special Land and Development Special Fund for green-free projects-- Green Fee projects, which will be distributed to appropriate departments for specific projects.

For Department of Corrections and Rehab, we're transferring $2,509,942 from non-state facilities and $123,411 for general administration for 35 permanent positions to provide mental health services. For Department of Taxation, we're adding 200,000 for the Tax Review Commission and two permanent and one temporary position and $248,292 for revenue collection.

For Department of Transportation, we're increasing the State Operating Allotment Special Fund ceiling several times, $800,000 for traffic signals, 350,000 for guardrail repair, and 675,000 for roadside safety maintenance.

We're increasing the Airport Revenue Special Fund ceiling by 23 million for fire suppression system at the CONRAC facility and increasing Harbor Special Fund ceiling by 4.5 million for electronic data interchange system so that they can take it all off of paper.

We're increasing the Airport Revenue Fund ceiling by 2.5 million for seamless border entry, increasing State Operating Allotment Special Fund ceiling by 750,000 for historic Oahu Railroad and land operations. We're increasing various special fund ceilings by 1,251,000 for internship programs across DOT, and for University of Hawaii, we're increasing the UH Tuition and Fee Special Fund ceiling by $4,169,328 to support culinary programs and by 319,000 and adding three positions for the Business Administration Program at UH West Oahu.

This budget reflects a shared responsibility to strengthen the fiscal future of our state and well-being of our residents by stabilizing critical public services, protecting natural resources and infrastructure, and facilitates regional economic development and diversification to build Hawaii's economic resilience. Mahalo again to the committee, to the leadership, and to the members, the governor's administration, and the departments.

Thank you very much for helping us develop this budget. The recommendation is to pass with amendments. Any further discussion? Okay, if not, Chair votes aye.

Chair votes-- pass with amendments. Chair votes aye. Vice Chair votes aye. [Roll call]. Your recommendation is adopted.

Thank you. So we're gonna adjourn. There's probably a lot of you that wanna leave, so if you can do so quietly. Okay. Calling the 10:01 agenda to order.

First item is House Bill 1769. Recommendation is to pass unamended. Any discussion? If not, Chair votes aye.

Members present, anyone voting no? With reservations?

Reservations for Assemblymember Elefante. Anyone else? Recommendation adopted.

Reservations.

Thank you. Next item, House Bill 2386. Recommendation is to pass with amendments. We're gonna amend section one by deleting the proposed section relating to automatic adjustment mechanisms, including the water carrier inflationary cost index provisions in its entirety and inserting a new section to read a set forth in the task replacement language.

The replacement section shall require the PUC to initiate and com- complete formal rulemaking pursuant to Chapter 91 prior to approving any automatic adjustment mechanisms, specify mandatory minimum elements that must be included in the rules, including financial and operational due diligence requirements, a maximum allowable annual percentage increase, a maximum duration before a general rate case is required, accounting separation between regulated and unregulated operations, evaluation of long term commitment to Hawaii and workforce stability, prohibition on dividend payments or other financial distributions during the years AAM is applied, a mandatory two year cooling off period following a general rate case increase, performance metrics related to service reliability and operational efficiency, mandatory community outreach and public engagement requirements, prohibition on executive bonuses and or compensation increases during the years the AAM has applied, biosecurity compliance requirements tied to harbor access, annual compliance reporting, and procedures for corrective action in case of cases of noncompliance.

Require that rules adopted under this section be presented to and subject to the approval of the governor with- with a twenty- twenty one day review period.

Maintain that any request to establish an AAM must be submitted as a forty five day tariff transmittal filing or as part of a general rate case application subject to adopted rules, retain the exemption for customers eligible for preferential agricultural water rates under Section 269-26.5, and delete all references to prior water carrier inflationary cost index mechanisms tied to DOT warpage increases and sunset the bill on July 1st, 2032 reenacting HRS section 2271G-1 in the form in which it read on the day before the effective date of this act.

Any discussion?

Sure. So, you know, thank you for the amendments to the bill. I I just like to make sure because the conversation has been to reduce, barge service to to an island or individual islands that there is service parity and that all islands will continue to remain with the same barge service and not to have reduction.

Any further discussion?

Chair.

If not, chair.

Yeah. I just wanna echo. I do appreciate the amendments because this is critical for the neighbor islands in getting this thing done. So I appreciate the- the work that's being done in trying to find the pathway forward. So thank you.

Thank you. Any further discussion? If not, chair votes aye.

Here, just want to thank, you and the staff as well in, coming to some of the critical messages that we're sending that the island transportation maritime, process is important for neighbor islands, and I think we all understand that we need young brothers to survive. I appreciate the work put into this by your staff as well. Thank you so much. Aye.

Okay. All members present no, miss. You know, it's aye. All members present, anyone voting no with reservations?

Reservations.

Reservation for Senator. 'Kay. DeCoite. Okay. Recommendation adopted.

Thank you. Next item, House Bill 2095. Recommendation is do pass as amended. The Senate draft proposes an operating budget. All MOF 204,900,000 for fiscal year '26 and 200,000,000 in fiscal year '27.

General funds are 192,100,000 in fiscal year '26 and 188,130,000 in fiscal year '27. We're reducing $618,444 for lapsed funds based on the average of last five years, reducing 2,179,383 for positions that have been vacant for more than five years, and for positions that are not in active recruitment. We're adding $2,298,779 to implement recommendations from the commission on salaries. We're adding $574,716 for substance abuse treatment contracts and 3,250,000 for supplemental armed security services. The recommendation is do pass as amended.

Any discussion? None. Chair votes aye.

Members present, anyone voting no with reservation? Recommendation is adopted.

Thank you.

Okay. Calling the 10:02 agenda to order. First item, House Bill 649, recommendation is to pass unamended.

Any discussion? If not, Chair votes aye.

[Roll Call]

Thank you. Next item, House Bill 1815. Recommendation is to pass unamended. Any discussion? If not, Chai votes aye.

[Roll Call]

Thank you. Next item, House Bill 1894. Recommendation is to pass unamended. Any discussion? Chair votes aye.

[Roll Call]

Thank you. Next item, House Bill 1920. Recommendation is do pass with amendments. We're gonna adopt DOTAX's language from DOTAX's testimony on Page 2, Line 12. Three, provided that the transferee shall not further allocate, transfer, sell, or assign all or a portion of the credit to any taxpayer.

Any discussion? None. Chair votes aye.

Anyone joining no with reservation? Recommendation is adopted.

Thank you. Next item. Recommendation or House bill 1929 is to pass with amendments removing section four of the bill and all instances of general obligation bonds. Any discussion? Chair votes aye.

Anyone voting no, with reservation? Recommendation is adopted.

Thank you. Next item, House bill 1973. Recommendation is to pass unamended. Any discussion? Chair votes aye.

Anyone voting no, with reservation? Recommendation is adopted.

Thank you. Next item, House bill 1974. Recommendation is to pass unamended. Any discussion? Chair votes aye.

Anyone voting no, with reservation? Recommendation is adopted.

Thank you. Next item, House Bill 2429. Recommendation is to pass with amendments to take the tax foundation's amendments in testimony. Any discussion? Not chair votes.

Anyone voting no, with reservation? Recommendation.

Okay. Calling the 10:15 Joint Committee on Ways and Means and Judiciary to order. First item is House Bill 1588. Our recommendation is do pass with amendments, defecting the date to [inaudible].

Any discussion? None. Chair votes aye.

Pass with amendments. All members present. Anyone voting no? Reservation. Recommendation is adopted.

For JDC members, same recommendation on HB 1588 relating to noise, detection cameras, just a different bad date. Questions or concerns? If not, Senator Gabbard.

[Roll Call] Measure's adopted.

Thank you. Next item, House Bill 1870. Recommendation is to pass unamended. Any discussion? If not, Chair votes aye.

[Roll Call]

Okay. For JDC members, on HB 1870, civil immigration enforcement, same recommendation, pass it as is. Questions or concerns? If not, vice chair.

[Roll Call]

Thank you. Next item, House Bill 2062. Recommendation is to pass with amendments, passing with just tech amendments. Any discussion? If not, Chair votes aye.

Present, anyone voting no, with reservation? Senator Fevella, no vote. Recommendation adopted.

Thank you. Next up, for JDC on HB 2062 on relating to gun violence prevention. Same recommendation, just text. Questions or concerns? If not, vice chair.

Any no votes or reservations on any? Measures

Measure's adopted.

Okay. Next item, House bill 2395. Recess.

Calling meeting back to order. House Bill 2395. Recommendation is to pass unamended. Any discussion? None. Chair votes aye.

No members present. Anyone voting no, with reservations?

Reservations.

Reservation. Fevella. Recommendations adopted.

For JDC members on HB 2395 on the taking of marine deposit, same recommendation pass as is. Questions or concerns? If not, vice chair.

Any no votes or reservations? Hearing none, the measure is adopted.

Okay. Moving to HB 463 relating to eviction records requires the judiciary to conduct a study to determine the ability best approaches various issues and potential impacts of requiring courts to disassociate a residential tenant from an eviction proceeding. Our recommendation is to pass with technical amendments and adjust the dates by one year since it's a carryover bill. Questions or concerns? If not, Vice Chair Gabbard.

Any no votes or reservations? And if there was no, measure's adopted.

Ways and Means, same recommendation.

Any no's or reservations?

No vote.

No vote for Senator Fevella. Recommendation's adopted.

Okay. Thank you. Next up is HB 159 relating to workers' compensation. Repeals the authorization of a physician to transmit a treatment plan by mail or facsimile and does a number of other things. Recommendation is to pass unamended. Questions or concerns? Seeing none, vice chair.

Any no votes or reservations?

Reservations.

Senator San Buenaventura's reservations.

Measures adopted.

Oh, what does that mean? Same recommendation.

Any no votes? Any reservations? Reservation. Recommendations adopted.

K. Thank you. Next up is HB 1573. It requires electronic smoking device and e liquid manufacturers to certify the department of attorney general annually that the manufacturer received a marketing grant granted order from the Federal Food and Drug Administration. Recommendation here is to pass as is.

Questions, concerns? If not, Senator Gabbard.

Any no votes or reservations? Hearing none, the measure is adopted.

What does it mean? Same recommendation?

Any no votes. Anyone with reservation? Recommendation is adopted.

Thank you. Next up is HB 1628 relating to compassionate re, excuse me. Compassionate release. Recommendation here is to pass as is. Questions or concerns?

If not, vice chair.

Any no votes or reservations? Hearing none, the measure is adopted.

Same recommendation, raise and means.

Any no votes? Any reservations?

Reservations.

Senator Elefante. Anyone else? Recommendation adopted.

Thank you. Next up is HB 1642 relating to consumer protection. Establishes limits on transactions through digital financial asset transaction kiosks. Our recommendation is to pass as it is and does still have a defective date. Questions or concerns?

If not, Senator Gabbard.

Any no votes or reservations?

Hearing none, the measure's adopted.

Same recommendation, ways and means.

Any no votes. Any reservation? Recommendations adopted.

Thank you. Next up is HB 1664 relating to Hawaii employee Employer Union Health Benefits Trust Fund allows impasses and disputes relating to the amount of state and county contributions to the ETF to be resolved by arbitration. I'll pass with just a different defective date, 03/22/2075. Questions or concerns? If not, Senator Gabbard.

Any reservations or no votes?

Same recommendation, ways and means.

Measures adopted.

No votes. Any reservation? Recommendations adopted.

Thank you. Next up is HB 1776 relating to residential landlord tenant code, requires the Office of Consumer Protection publish an accessible multilingual notice of tenants rights online. Because the Senate bill has cleared its last, committee in the house, we'll on our well, JC will defer the matter, the measure. You wanna defer it too, or do you wanna just keep going?

Yeah. Same recommendation.

Next up is HB 1839 relating to immigration. Requires state and county law enforcement agencies to notify an individual in the custody of a state or county law enforcement agency their rights before any interview with federal immigration authorities can occur. Recommendation here is to put a different bad date on it, 03/22/2075. Questions or concerns? If not, vice chair.

Any no votes or reservations?

No.

No vote for Senator Awa. Measures adopted.

Same recommendation, ways and means.

No vote.

No votes. Reservation.

Senator Fevella, recommendations adopted.

Thank you. Next up is HB1898 relating to health. Best specifies that no person is subject to liability for providing clinical preventive services and forms from the Department of Health recommendations and others things. Recommendation is to pass as is. It does have a bad date still.

Questions or concerns? If not, Vice Chair.

Any no votes or reservations?

No. No vote for Senator [unintelligible]. Measures adopted.

Same recommendation ways and means.

No votes. Reservation. No vote. Vote for Senator Fevella. Recommendations adopted.

Thank you. Next up is HB 1990. This establishes penalties including fines and liens for an owner of residential real properties failure to remediate zoning violations. Recommendation here is to add a provision to allow for appeal of penalties under this section to district or circuit court as app applicable. Questions or concerns?

If not, vice chair.

No vote for Senator San Buenaventura?

No here too.

Any no votes for reservations?

No.

No.

And Senator Awa. Measures adopted.

Same recommendation, ways and means.

Any no votes? Any reservation?

No vote for me.

Senator Fevella. No?

Yes.

Recommendation's adopted.

Next up is HB 2023 this requires the department of transportation admister a statewide program for certification of active intelligence speed assistance systems. Recommendation is to pass with amendments, and we'd like to specify that the active intelligence speed assistance systems clauses only apply when on public highways. Questions or concerns? If not, Senator Gabbard.

Any no votes or reservations?

No vote for Senator San Buenaventura and Senator Awa. Measures adopt adopted.

No.

Same recommendation, ways and means.

Anyone voting no? Reservations?

Reservations.

Recommendations adopted.

Yeah. Thank you. Next up is HB2091 relating to petitions to temporarily restrain and enjoin harassment of an employee. I'm gonna defer going to defer this because the companion the SB has passed its last committee in the house. Next up is HB2417 relating to administrative license revocation, clarifies administrative driver's license revocation procedures.

Recommendation is to pass as is. Questions or concerns? If not, vice chair.

Any no votes or reservations?

Hearing none, the measure is adopted. Same recommendation, Lisa Meads.

Any no votes? Any reservation? Recommendation is. That's it. And then this country.

Meeting on board yet. So no.

I don't know. Let me just see it. Let me see it. I didn't understand yet. So on House Bill 2091 recommendation for ways and means to defer.

Yeah. I'm sorry. Can you

Oh, we had to go back. Yeah. 2091 was We had to go back. Yeah.

2091 was back up to 2090. Yeah. Yes. That's all. Okay.

So that was pulled in.

Did you guys hold in

Yes.

You guys hold in for 2417, Greg? Sorry. I missed it. 2417, your pal.

You deferred $29?

Yes. Yep.

Okay. Moving on to HB2455. Requires certain employers to provide administrative leave of absence for victims of work workplace violence or threat of workplace violence. Recommendation is to pass as is. Questions or concerns?

If not, Vice Chair.

Any no votes or reservations? Hearing none, the measure is adopted.

Any recommendation, ladies and means.

Any no votes? Any reservation? Recommendation is adopted.

K. Last is HB2592. This is relating to Mauna Kea stewardship and oversight authority. A lot of testimony came in very late, and we had had no chance to consult with prior chairs. So I'll recommend we're gonna defer this until tomorrow at 10:30 in this room.

It's gonna be April 9, and I don't know what this room number is. 211.

211.

Make it do.

K. Thank you.