Senate Standing Committee on Judiciary
- Karl Rhoads
Legislator
Okay. So, welcome to the Judiciary Committee decision making agenda. We have several of them. If we can't get through because of a Zoom crash, we'll try again tomorrow at 10:05 in this room, 016, that'll be April 10. So the first agenda is a 10:00 agenda.
- Karl Rhoads
Legislator
This is, first up on that is 1696, relating to commercial driver's licenses. Lowers the age of who may drive commercially within the state from 19 to 18. Here's the requirement that a person only operates category three vehicles to qualify to drive commercially in the state.
- Karl Rhoads
Legislator
Recommendation on this one is to, and we do have prior concurrence. We accept the recommended changes, amendments received from the operating engineers union. So what that does is change it to at least 18 years of age, takes out the only operates a category three vehicle as defined in section 286102, and then adds in an additional an additional way to qualify for this.
- Karl Rhoads
Legislator
I think that's fair to say. Is under 21 years of age and actively enrolled in a registered apprenticeship program or a structured on the job training program with a number of elements to that. I don't know. I think... Okay. Alright. So that's the that's the recommendation. Any questions or concerns? If not, Vice Chair.
- Mike Gabbard
Legislator
On HB 1696, HD 2, recommendation is to pass with amendments. [Roll Call] Measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 2333. This authorizes Department of Transportation to designate airport special districts with airports statewide increases penalties for certain aeronautics law violations. After much discussion and thought, I'm gonna defer this. The gist of it seems to be that we're concerned about outside the security perimeter in airports having to deal with you know, largely homeless individuals.
- Karl Rhoads
Legislator
And when I go sit at my bus stop in front of my building, I have to deal with lots of homeless individuals who are committing various crimes.
- Karl Rhoads
Legislator
And I guess I just don't see the why there should be a distinction between outside security airports and other transportation modes. So balance deferred. That is the end of the 10:00 agenda. So if we'll just go ahead and roll into the 10:01 agenda, which is HB 17.
- Karl Rhoads
Legislator
Starts with HB 1710. This authorizes a state historic preservation division to conduct a phased review of proposed projects on private property under certain circumstances, amends the process and deadlines by which SHPD must provide written concurrence or non concurrence for proposed projects on private property or certain projects require state or county approval for entitlement for use. The recommendation on 1710 is to pass with technical amendments only. It does have an a defective date. Questions or concerns?
- Mike Gabbard
Legislator
On HB 1710, HB two SD one, recommendation is pass with amendments. If all members are present, are there any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1737. This clarifies the allowable uses within agricultural districts with respect to farm dwelling and farm employee housing. A recommendation here is also to pass with technical amendments only. Questions or concerns?
- Mike Gabbard
Legislator
On HB 1737, NC three SD one. Any no votes or reservations? Hearing none, the measure is adopted.
- Karl Rhoads
Legislator
Thank you. Next up is HB 1823, relating to Coastal Zone Management Act. And amends the definition of development as it pertains to coastal zone management to exclude any state or county funded infrastructure improvement projects that is exempted from an EA, environmental assessment, or determined as a finding of no significant impact under Chapter 343 and applies only to zones established in Lahaina in the aftermath of the 2023 wildfires.
- Karl Rhoads
Legislator
Our recommendation here is to pass with an amendment from the Attorney General's Office. Here. So recommend amending page 2, line 7 as follows. So January 1, 2026, excluding lands owned by or under control of the state or the County of Maui.
- Karl Rhoads
Legislator
And then also amending page 8, line 5, County of Maui as of January 1, 2026, excluding lands owned by or under the control of the state or the County of Maui. And it still has, we will still have a bad date. Questions or concerns? If not, Senator Gabbard.
- Mike Gabbard
Legislator
HB 1823, HD 2, SD 1. Recommendation is to path with amendments. Any no votes or reservations? Hearing none. The measure is adopted.
- Karl Rhoads
Legislator
Okay. Thank you, Members. That brings us to the end of that agenda. Alternative dispute resolution. Amends the conditions and procedures of alternative dispute resolution methods for condominium related disputes, including the use of facilitated mediation, evaluative mediation, or binding arbitration. It has a bad date. I think the bill does have quite a lot of merit.
- Karl Rhoads
Legislator
But at the moment, pretty much all sides of the issue are against this bill. So I'm asking, ask the committee to move it on to conference, and we'll see if we can come up with some common ground. So as is, but it does have a bad date. Questions or concerns?
- Karl Rhoads
Legislator
Okay. Understood. Any other any other current concerns? If not, Senator Gabbard.
- Mike Gabbard
Legislator
HB 1897, HD 1, SD 1. Recommendation is to pass as is. Any no votes or reservations? Noting a reservations for Senator San Buenaventura. Measure is adopted.
- Karl Rhoads
Legislator
Good. Thank you. That concludes our 10:02 agenda. We'll move on to the 10:03 agenda. This is HB 2576 clarifies and streamlines background check requirements for health care facilities, applicants, operators and direct patient access employees.
- Karl Rhoads
Legislator
We'll go ahead and leave the bad data on, but we'll have some amendments. Find them there.
- Karl Rhoads
Legislator
Okay. As I mentioned, it's a bad day. So Senator what's San Buenaventura can amend it more in conference if she feels it's necessary. So we'll accept DOH's and Health Care Association Wise amendment that clarifies it for individuals who have not lived or worked in another state since their most recent background check and were subject to biannual name based background checks. A background check of out of state records is not required.
- Karl Rhoads
Legislator
On page nine, looks up DOH and HH's amendment to exempt physicians and physician assisted assistance credentialed by state licensed hospital pursuant to section 3214.5 from fingerprint based background checks on page eight.
- Karl Rhoads
Legislator
Clarify that the exemption from fingerprint based background checks for individuals who have submitted fingerprints as a condition of their licensure may only applies to individuals working for or volunteering in at a state licensed hospital pursuant to section 321-14 on page eight and accept DOH's third amendment to restore language stating that is the department or its designee who can use the background check information on page 13. And as I mentioned before, we'll leave the bad data. Questions or concerns?
- Mike Gabbard
Legislator
HB 2576 HD two SD one. Recommendations to pass with amendments. Any no votes or reservations? Hearing none, the measures are adopted.
- Karl Rhoads
Legislator
Before I adjourn, well, I guess we'll all be up there anyway, but we do have well, JC members, we do have another agenda, several more bills joined with Lam at 10:30. Mahalo for being here. We're adjourned.