STAND. COM. REP. NO. 385-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1571

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1571, H.D. 1, 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 make it a civil violation for a person to intentionally, knowingly, or negligently:

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

(2) Falsify, alter, or purchase falsified or altered COVID-19 vaccination documents for personal use;

(3) Use a falsified or altered COVID-19 vaccination card; or

(4) Sell, distribute, or manufacture a falsified or altered COVID-19 vaccination card for use by others.

Your Committee received testimony in support of this measure from the Department of Health, Hawaii Primary Care Association, and Hawaii Immunization Coalition. Your Committee received testimony in opposition to this measure from one member of the Kaua‘i County Council, Honolulu County Republican Party, ShakaMaps LLC, HiKai Freedom Hui, and numerous individuals. Your Committee received comments on this measure from the Department of the Attorney General and one individual.

Your Committee finds that the State and its residents, businesses, and health care professionals rely on accurate COVID-19 vaccination information to ensure compliance with health and safety requirements. The increased use of falsified vaccination verification documents in the State jeopardizes public health and safety and economic stability. Your Committee believes that persons who use or manufacture falsified vaccination verification documents should be held criminally responsible for their actions.

Accordingly, your Committee has amended this measure by amending the civil violation to instead establish the criminal offense of falsified COVID-19 vaccination status, which prohibits a person from intentionally, knowingly, or recklessly:

(1) Providing false information regarding the person's or another person's COVID-19 vaccination status to a business, nonprofit organization, or governmental entity;

(2) Uploading, providing, presenting, uttering, or otherwise using falsified verification of the person's or another person's COVID-19 vaccination status; and

(3) Manufacturing, distributing, disseminating, issuing, selling, offering for sale, importing, or offering to import into this State falsified verification of COVID-19 vaccination status or a blank or incomplete COVID-19 vaccination status verification document or code under circumstances that would lead a reasonable person to believe that the blank or incomplete verification document or code would be used to create a falsified verification.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1571, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1571, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair