STAND. COM. REP. NO. 8-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1571

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Pandemic & Disaster Preparedness, to which was referred H.B. No. 1571 entitled:

"A BILL FOR AN ACT RELATING TO COVID-19 VACCINATION STATUS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Make it a civil violation for a person to:

(A) Misrepresent to a business, church, nonprofit organization, or governmental entity the person's COVID‑19 vaccination status;

(B) Falsify or alter a COVID-19 vaccination card, or purchase or use a falsified or altered COVID-19 vaccination card; and

(2) Establish fines.

Your Committee received testimony in support of this measure from the Department of Health, Hawai‘i Primary Care Association, and one individual. Your Committee received testimony in opposition to this measure from numerous individuals. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that to combat the spread of the coronavirus disease 2019 (COVID-19), many states, including Hawaii, have implemented vaccination mandates that require proof of vaccination or a negative COVID-19 test prior to entering certain establishments. While this mandate was implemented to ensure the safety of citizens, some who elect not to get vaccinated or take a COVID-19 test have chosen to participate in a very dangerous and illegal activity by misrepresenting their vaccination status through the use of falsified or altered vaccination cards. Your Committee believes that clarifying the penalties relating to misrepresenting an individual's COVID-19 vaccination status will allow the State to better protect its residents and visitors.

Your Committee notes the testimony from the Department of the Attorney General requesting your Committee to change the civil violations into criminal offenses and testimony from the Hawai‘i Primary Care Association requesting certain immunity to health care workers for mistakes made in good faith. Your Committee acknowledges these concerns but believes this to be the subject matter for your Committee on Judiciary & Hawaiian Affairs. As such, your Committee respectfully requests that should your Committee on Judiciary & Hawaiian Affairs hear this measure, they take into consideration the two requested amendments.

Your Committee has amended this measure by:

(1) Inserting the provisions of this measure in Session Law, rather than codifying it in chapter 325, Hawaii Revised Statutes;

(2) Inserting a sunset date of June 30, 2023;

(3) Changing the effective date to July 1, 2050, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Pandemic & Disaster Preparedness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1571, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1571, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Pandemic & Disaster Preparedness,

____________________________

LINDA ICHIYAMA, Chair