THE SENATE

THE THIRTY-FIRST LEGISLATURE

REGULAR SESSION OF 2022

 

COMMITTEE ON JUDICIARY

Senator Karl Rhoads, Chair

Senator Jarrett Keohokalole, Vice Chair

 

COMMITTEE ON WAYS AND MEANS

Senator Donovan M. Dela Cruz, Chair

Senator Gilbert S.C. Keith-Agaran, Vice Chair

 

AMENDED NOTICE OF DECISION MAKING

 

 

DATE:

Tuesday, April 5, 2022

TIME:

10:05 a.m.

PLACE:

Conference Room 016 211 & Videoconference

TIMESLOT:

JDC WAM

 

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A M E N D E D  A G E N D A

 

 

 

The following measure(s) were previously heard in their respective subject matter committees:

 

HB 1752, HD3

      (SSCR3355)

      Status & Testimony

RELATING TO HOUSING.

Establishes the housing choice voucher landlord incentive program.  Requires the Hawaii public housing authority to adopt rules without regard to chapter 91, HRS, to establish specified incentives for landlords who participate in the tenant-based assistance housing choice voucher program under section 8 of the United States Housing Act of 1937.  Requires that the Hawaii public housing authority adopt rules to establish a maximum of fifteen days after receipt of an owner's or landlord's inspection request as a reasonable time within which to inspect a dwelling unit for lease under the section 8 housing choice voucher program.  Appropriates funds.  Effective 7/1/2050.  (HD3)

 

HOU, JDC/WAM

HB 1672, HD1, SD1

      (SSCR3499)

      Status & Testimony

RELATING TO SPECIAL IMPROVEMENT DISTRICTS.

Expands the purpose and rationale for which counties may create special improvement districts to include environmental research, restoration, and maintenance; natural resource management; and natural hazard mitigation to improve environmental conditions and provide community benefits.  Effective 7/1/2022.  (SD1)

 

WTL/GVO, JDC/WAM

HB 2405, HD2, SD1

      (SSCR3342)

      Status & Testimony

RELATING TO INSURANCE.

Prohibits health insurers, mutual benefit societies, and health maintenance organizations from applying categorical cosmetic or blanket exclusions to gender affirming treatments.  Prohibits those entities from excluding gender affirming treatments as cosmetic services when prescribed as medically necessary.  Requires those entities to provide applicants and insured persons with clear information about the coverage of gender transition services, including the process for appealing a claim denied on the basis of medical necessity.  Effective 11/20/2022.  (SD1)

 

CPN, JDC/WAM

HB 2141, HD1, SD1

      (SSCR3287)

      Status & Testimony

RELATING TO REPORTS TO THE LEGISLATURE FOR THE DEPARTMENT OF HUMAN SERVICES.

Removes outdated reporting requirements for the Department of Human Services, including the Office of Youth Services.  (SD1)

 

HMS, JDC/WAM

HB 1758, HD2, SD1

      (SSCR3442)

      Status & Testimony

RELATING TO NURSES.

Allows for temporary permits to be issued to registered nurses and licensed practical nurses from a territory or foreign country who are seeking a state license by endorsement.  (SD1)

 

HTH/CPN, JDC/WAM

HB 1917, HD1, SD1

      (SSCR3456)

      Status & Testimony

RELATING TO AFFORDABLE HOUSING.

Appropriates private activity bond allocations and funds from the Rental Housing Revolving Fund to the Hawaii Housing Finance and Development Corporation for the purpose of allowing an eligible developer to acquire and rehabilitate the Front Street Apartments affordable housing project on Maui.  (SD1)

 

HOU, JDC/WAM

HB 2312, HD1, SD1

      (SSCR3316)

      Status & Testimony

RELATING TO PRISON REFORM.

Establishes the women's corrections implementation commission in the judiciary to ensure implementation of the recommendations from the final report of the House Concurrent Resolution No. 85 (2016) task force, to develop and implement an evidence-based, gender-responsive plan to divert non-violent women offenders, especially those with minor children, from the criminal justice system.  Requires the commission to consider model programs including residential, in-person and community-based rehabilitation programs, supportive and subsidized housing, restorative justice, and educational programs.  Effective 7/1/3000.  (SD1)

 

PSM, JDC/WAM

HB 986, HD1, SD1

      (SSCR1161)

      Status & Testimony

RELATING TO NEWBORN HEARING SCREENING.

Requires diagnostic audiologic evaluation results of newborn hearing screening evaluations, or infants whose hearing status changes, to be provided to the department of health.  (SD1)

 

HTH, JDC/WAM

HB 987, HD1, SD1

      (SSCR1162)

      Status & Testimony

RELATING TO HEARING AND VISION PROGRAM.

Amends the hearing and vision program statute to increase the early identification of children with hearing or vision loss, by establishing consistent protocols for hearing and vision screening and follow-up, screener training, and data collection for quality improvement.  (SD1)

 

HTH, JDC/WAM

HB 886, HD1, SD1

      (SSCR3449)

      Status & Testimony

RELATING TO PROFESSIONALLY LICENSED OR CERTIFIED GOVERNMENT EMPLOYEES.

Clarifies when the State shall be exclusively liable for claims for injury or loss of property, or personal injury or death, resulting from the negligent or wrongful act or omission of any professionally licensed or certified employee of the State while acting within the course and scope of the employee's office or employment.  Precludes civil actions or proceedings for money damages against the employee, except for claims based on liability other than an employee's course and scope of employment with the State or other employer.  Clarifies liability when the State agrees to assume full or partial responsibility in a civil action against a professional licensed or certified employee.  Effective 7/1/2060.  (SD1)

 

LCA, JDC/WAM

HB 1971, HD2, SD1

      (SSCR3494)

      Status & Testimony

RELATING TO PEER-TO-PEER CAR-SHARING.

Authorizes and regulates peer-to-peer car-sharing programs.  Imposes the general excise tax and rental motor vehicle surcharge tax on peer-to-peer car-sharing programs.  Requires those persons engaging or continuing in a peer-to-peer car-sharing program to register with the Department of Taxation.  Effective 7/1/2050.  (SD1)

 

TRS/CPN, JDC/WAM

HB 137, HD1, SD1

      (SSCR1165)

      Status & Testimony

RELATING TO LIQUOR.

Provides that violations of liquor tax law shall be referred to the director of taxation for investigation.  Repeals the general right of inspection without a warrant for potential violations of liquor tax law.  Repeals the discretionary power of the liquor commission to deny a license to any person the commission finds is not fit and proper to hold a license.  Requires applications for liquor licenses to be notarized.  Provides the administrator of the liquor commission discretion over whether to refer applications for investigation.  Repeals the requirement that investigative reports to the liquor commission include any and all matters that are relevant to the application or license in the judgment of the investigator.  Effective 1/5/2022.  (SD1)

 

CPN, JDC/WAM

HB 1434, HD1

      (SSCR3331)

      Status & Testimony

RELATING TO THE COUNTIES.

Authorizes counties, after adoption of an ordinance, to sell private property after all notices, orders, and appeal proceedings are exhausted and to use those revenues to pay unpaid civil fines related to that property.  Effective 1/1/2050.  (HD1)

 

GVO, JDC/WAM

HB 1712, HD1

      (SSCR3275)

      Status & Testimony

RELATING TO AGRICULTURAL LANDS.

Prohibits siting of waste disposal facilities on important agricultural lands and agricultural lands with class A and B productivity ratings.  Effective 7/1/2050.  (HD1)

 

AEN, JDC/WAM

HB 2076, HD1, SD1

      (SSCR3267)

      Status & Testimony

RELATING TO TOBACCO MANUFACTURER QUALIFIED ESCROW FUNDS.

Provides a mechanism to assign nonparticipating tobacco manufacturers' qualified escrow fund balances to the State.  Provides a mechanism for the financial institution acting as the escrow agent of the qualified escrow fund to petition the courts to authorize transfer of funds to the State when the qualified escrow fund is abandoned.  (SD1)

 

CPN, JDC/WAM

HB 2260, HD1, SD1

      (SSCR3436)

      Status & Testimony

RELATING TO CANNABIS.

Amends the circumstances under which medical cannabis may be transported by and between dispensaries.  Increases the allowable number of plants for production centers.  Increases the number of production centers that may be allowed under a dispensary license.  Increases the number of retail dispensing locations that may be allowed under a dispensary license.  Redefines the term "medical cannabis production center" to include any series of structures located within the same secured perimeter fence-line.  Requires the Department of Health to establish the fee structure for the submission of applications for additional production centers and retail dispensing locations and for dispensary-to-dispensary sales.  Amends the Department of Health's duties with respect to the establishment of standards for manufactured cannabis products.  Effective 7/1/2060.  (SD1)

 

HTH/CPN, JDC/WAM

HB 1432, HD1, SD1

      (SSCR3484)

      Status & Testimony

RELATING TO CONCESSIONS ON PUBLIC PROPERTY.

Increases the maximum term of a concession.  Exempts concessions for beach or ocean-related recreational services from sealed bid requirements, with certain conditions.  Provides that a county director of parks and recreation has sole discretion to designate which county parks are environmentally, culturally, historically, or operationally unique for purposes of determining whether a concession at the park is exempt from the sealed bid requirements.  Expands the exemption for concessions at county zoos, botanic gardens, or county parks that are designated by the respective county director of parks and recreation, in the director's sole discretion, as environmentally, culturally, historically, or operationally unique; provided that the concessions are awarded to responsible offerors whose proposals are the most advantageous, rather than solely to certain nonprofit corporations.  Effective 7/1/2022.  (SD1)

 

WTL/GVO, JDC/WAM

HB 1787, HD2, SD1

      (SSCR3429)

      Status & Testimony

RELATING TO PERSONS WITH DISABILITIES.

Establishes "Employment First"--defined as the competitive employment and full inclusion of persons with a disability in an integrated setting as a first and preferred option for employment services--as a policy of the State and counties.  Requires state and county agencies to implement this policy in hiring practices and all programs and services administered or funded by the State or counties.  Requires the Department of Human Services to apply Employment First principles to Medicaid home and community-based services programs.  Effective 12/25/2040.  (SD1)

 

HMS/LCA, JDC/WAM

HB 1413, HD2

      (SSCR3427)

      Status & Testimony

RELATING TO ABANDONED VEHICLES.

Allows the director of finance of a county to require payment of outstanding charges and fines owed to the county relating to the disposition of an abandoned vehicle within the county by the registered owner of the abandoned vehicle before issuing a certificate of registration or completing a transfer of ownership, except under certain circumstances.  Requires the county directors of finance to notify the appropriate county examiner of drivers of individuals who have outstanding charges and fines owed to the county relating to the disposition of an abandoned vehicle for the purposes of suspending, revoking, or prohibiting the renewal of their driver's licenses.  Effective 7/1/2050.  (HD2)

 

TRS/GVO, JDC/WAM

HB 1414, HD1

      (SSCR3269)

      Status & Testimony

RELATING TO ABANDONED VEHICLES.

Makes a person who is the registered owner of a vehicle that was deemed abandoned or derelict subject to a tiered fine system.  Effective 7/1/2050.  (HD1)

 

TRS, JDC/WAM

HB 598, HD2, SD1

      (SSCR1173)

      Status & Testimony

RELATING TO TOBACCO PRODUCTS.

Establishes the offense of unlawful shipment of tobacco products.  Increases the license fee for persons engaged as a wholesaler or dealer of cigarettes and tobacco products.  Increases the retail tobacco permit fee for retailers engaged in the retail sale of cigarettes and tobacco products.  Allocates a portion of funds collected from excise taxes on tobacco products to health education and prevention programs concerning the risks and dangers of the use of electronic smoking devices for youth.  Repeals certain provisions of the Hawaii Revised Statutes relating to electronic smoking devices.  Effective 7/1/2050.  (SD1)

 

HTH/CPN, WAM/JDC

HB 892, HD2, SD1

      (SSCR3288)

      Status & Testimony

RELATING TO LAW ENFORCEMENT.

Clarifies membership and certain powers and duties of the Law Enforcement Standards Board.  Establishes new deadlines for the completion of Board responsibilities.  Appropriates funds to enable the Board to accomplish its mission.  Effective 7/1/2050.  (SD1)

 

PSM, WAM/JDC

HB 1658, HD1, SD1

      (SSCR3500)

      Status & Testimony

RELATING TO THE TRANSFER OF NON-AGRICULTURAL PARK LANDS.

Exempts easements granted over public lands affecting the transfer of undeveloped public lands between the department of land and natural resources and the department of agriculture, pursuant to Act 90, from formal county subdivision process and approval requirements.  Before the transfer of non-agricultural park lands, authorizes the department of agriculture to request information from the department of land and natural resources related to the establishment of necessary and reasonable easements upon the lands.  Requires the Department of Agriculture to accept the transfer of and manage certain encumbered non-conservation, non-agricultural park lands, including pasture leases.  Requires the Department of Agriculture, prior to offering a lease, to inquire with the Department of Land and Natural Resources regarding any easements required for access to landlocked forest reserves or other assets on the lands subject to the lease.  Requires the lessee to develop a conservation program and plan if conservation resources exist on the land.  Requires approval from the Board of Land and Natural Resources and the Board of Agriculture before removing pasture lands for reforestation, or other public purposes.  Effective 7/1/2050.  (SD1)

 

WTL/AEN, WAM/JDC

HB 1775, HD2, SD1

      (SSCR3371)

      Status & Testimony

RELATING TO CIVIL RIGHTS.

Requires entities with state education programs or activities, or that receive state funding for educational programs or activities, to adopt written policies and undertake other specified actions no later than 1/1/2023.  Requires annual reports to Legislature.  Appropriates funds.  Effective 7/1/2050.  (SD1)

 

EDU/HRE, WAM/JDC

 

 

 

 

Decision making meeting only, no oral testimony will be accepted.

 

Persons wishing to submit written testimony may do so up to 24 hours prior to the hearing. Click here to submit written testimony.

 

All testimony received by the Hawaii Senate is posted on the Hawai‘i Legislature's website, which is accessible to the public. Please do not include private information that you do not want disclosed to the public.

 

The cable TV broadcast and/or live stream of this meeting will include closed captioning. If you require other auxiliary aids or services to participate in the public hearing process (i.e., interpretive services (oral or written) or ASL interpreter), please contact the committee clerk at least 24 hours prior to the hearing so that arrangements can be made.

 

FOR AMENDED NOTICES:  Measures that have been deleted are stricken through and measures that have been added are underscored.  If a measure is both underscored and stricken through, that measure has been deleted from the agenda.

 

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT (808) 587-7211

 

 

_____________________________________

Senator Donovan M. Dela Cruz

Chair

 

_____________________________________

Senator Karl Rhoads

Chair