SB1527 SD1

SECTION 1. Chapter 801G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§801G- Address confidentiality program governance committee. (a) There is established within the department of law enforcement an address confidentiality program governance committee. The members of the governance committee shall be appointed by the director of law enforcement.

(b) The terms of the members shall be for four years and shall commence on July 1 and expire on June 30; provided that the governance committee may elect to reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year. No person shall be appointed consecutively to more than two terms on the governance committee; provided that membership shall not exceed eight consecutive years. Any member whose term has expired and who is not disqualified for membership under this subsection may continue in office as a holdover member until a successor is nominated and appointed; provided that a holdover member shall not hold office beyond the end of the second regular legislative session following the expiration of the member's term of office.

(c) A vacancy occurring in the membership of the governance committee during a term shall be filled for the unexpired term thereof as provided in subsection (a). The director of law enforcement may remove or suspend for cause any member after due notice and public hearing.

(d) The governance committee members shall include:

(1) A victim;

(2) One representative from a victim assistance program in each county; and

(3) One representative from each of the following:

(A) Hawaii State Coalition Against Domestic Violence;

(B) Sex Abuse Treatment Center;

(D) Crime victim compensation commission.

The committee members shall elect a member who shall serve as the chairperson.

(e) The governance committee may advise the department on the following issues:

(1) Implementation and operation of the program;

(2) Staffing requirements; and

(3) Policies and procedures governing the implementation and operation of the program, intended to safeguard the safety, confidentiality, and autonomy of victims.

(f) Meetings of the governance committee shall be held on a quarterly basis during the system's first year of implementation and not less than twice a year thereafter.

(g) The members of the governance committee shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(h) Members of the governance committee acting in good faith and within the scope of their duties under this chapter shall be immune from any civil or criminal liability arising from these acts, except where the member's conduct would constitute gross negligence, willful and wanton misconduct, or intentional misconduct."

SECTION 2. Section 801G-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Department" means the department of law enforcement."

SECTION 3. Section 801G-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the address confidentiality program in the [~~office of the lieutenant governor~~] department to protect the confidentiality of the actual address of a victim of domestic abuse, a sexual offense, or stalking and to prevent the victim's assailants or potential assailants from finding the victim through public records. The program shall:

(1) Assign a substitute address to the program participant that shall be used by agencies;

(2) Receive first-class, certified, or registered mail sent to a program participant at the substitute address and forward the mail to the program participant at no cost to the program participant; provided that the program shall not be required to track or maintain records of mail or to forward packages, bulk mail, or pre-sorted mail; provided further that the program shall maintain a log of certified or registered mail or service of legal process received on behalf of a program participant; and

(3) Act as the agent of the program participant for purposes of service of all legal process in the State."

SECTION 4. Section 801G-7, Hawaii Revised Statutes, is amended to read as follows:

"§801G-7 Appeal. Within thirty days of the date of the notice of denial of an application or of certification cancellation, an applicant or program participant may submit a written appeal to the [~~office of the lieutenant governor;~~] department; provided that:

(1) The appeal shall not be treated as a contested case as defined in chapter 91;

(2) The appeal process shall not include a hearing; and

(3) The [~~office of the lieutenant governor's~~] department's final determination shall not be subject to judicial review."

SECTION 5. Section 801G-13, Hawaii Revised Statutes, is amended to read as follows:

"§801G-13 Rulemaking authority. The [~~office of the lieutenant governor~~] department shall adopt rules pursuant to chapter 91 as necessary to carry out the purposes of this chapter."

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for full-time equivalent ( FTE) positions, operating costs, and equipment to support the address confidentiality program pursuant to chapter 801G, Hawaii Revised Statutes.

The sums appropriated shall be expended by the department of law enforcement for the purposes of this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on January 1, 2024; provided that section 6 shall take effect on July 1, 2023.

THE SENATE	S.B. NO.	1527
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII