SB3225

SECTION 1. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:

(1) Special out-of-school time instructional program fund under section 302A-1310;

(2) School cafeteria special funds of the department of education;

(3) Special funds of the [~~University~~] university of Hawaii;

(4) Convention center enterprise special fund under section 201B-8;

(5) Special funds [~~established by~~] under section 206E-6;

(6) Aloha Tower fund [~~created by~~] under section 206J-17;

(7) Funds of the employees' retirement system [~~created by~~] under section 88-109;

(8) Hawaii hurricane relief fund [~~established~~] under chapter 431P;

(9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

(10) Universal service fund [~~established~~] under section 269-42;

(11) Emergency and budget reserve fund under section 328L‑3;

(12) Public schools special fees and charges fund under section 302A-1130;

(13) Sport fish special fund under section 187A-9.5;

(14) Neurotrauma special fund under section 321H-4;

(15) Glass advance disposal fee [~~established by~~] under section 342G-82;

(16) Center for nursing special fund under section 304A‑2163;

(17) Passenger facility charge special fund [~~established by~~] under section 261-5.5;

(18) Solicitation of funds for charitable purposes special fund [~~established by~~] under section 467B-15;

(19) Land conservation fund [~~established by~~] under section 173A-5;

(20) Court interpreting services revolving fund under section 607-1.5;

(21) Trauma system special fund under section 321-22.5;

(22) Hawaii cancer research special fund;

(23) Community health centers special fund;

(24) Emergency medical services special fund;

(25) Rental motor vehicle customer facility charge special fund [~~established~~] under section 261-5.6;

(26) Shared services technology special fund under section 27-43;

(27) Automated victim information and notification system special fund [~~established~~] under section 353-136;

(28) Deposit beverage container deposit special fund under section 342G-104;

(29) Hospital sustainability program special fund under section 346G-4;

(30) Nursing facility sustainability program special fund under section 346F-4;

(31) Hawaii 3R's school improvement fund under section 302A-1502.4;

(32) After-school plus program revolving fund under section 302A-1149.5;

(33) Civil monetary penalty special fund under section 321‑30.2;

(34) Stadium development special fund under section 109‑3.5; and

(35) Universal immunization purchase special fund under section [[]325-133[]],

shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."

SECTION 2. Section 103D-215, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The state procurement automation system special fund shall be expended by the administrator of the state procurement office for the purposes of the administration, management, operation, maintenance, and upgrade of the procurement automation system."

SECTION 3. Section 132D-16.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§132D-16.6[]] Display site inspection. Each county fire chief is authorized to conduct inspections of the persons conducting a display, including the site where the display is occurring or will occur within the fire chief's county to determine compliance with the applicable county code and the current editions of the National Fire Protection Association's "NFPA 1123: Code for Fireworks Display" and "NFPA 1126: Standard for the Use of Pyrotechnics Before a Proximate Audience". An inspection fee of $200 shall be assessed by the county upon the holder of a permit for a display under section [~~132D-10(2),~~] 132D-10(a)(2), which shall be separate from the display permit fee under that section. The inspection fee shall be paid to the county in which the display will occur[,] and shall be used to defray the cost of the official conducting the inspection of the display setup."

SECTION 4. Section 142-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In the performance of its duties under this chapter, the department of agriculture and biosecurity may:

(1) Conduct investigations, collect data, and require reports from owners of animals, including livestock animals, as may be necessary to conduct inspections or facilitate its decisions;

(2) Enter upon private property, including agricultural lands, as may be necessary in making any investigation or inspection required or authorized by this chapter; provided that the entry shall not constitute a cause of action in favor of the owner of the land, except for damages resulting from wilful acts or negligence by the department or its employees acting in the course of their official duties;

(3) Establish and assess fees pursuant to chapter 91 to cover a portion of the department's costs in carrying out the implementation and administration of any programs established or authorized under this chapter;

(4) Recover expenses incurred in taking any action required by the owner of the animals, including livestock, in the same manner that debts are recoverable by law;

(5) Assess and collect administrative penalties for violation of this chapter, any rule adopted thereunder, or order issued by the department or board of agriculture [[]and biosecurity[]] pursuant to this chapter;

(6) Place liens, as needed, on the owner's property, to be collected as delinquent taxes against lands and property, if the owner neglects to pay any costs, expenses, or penalties chargeable to the owner under this chapter[,] or any rule, order, or condition adopted, issued, or required under this chapter;

(7) With the assistance of the attorney general, institute and pursue all court actions that may be necessary to obtain the enforcement of any order issued by the department or board of agriculture [[]and biosecurity[]] in carrying out this chapter;

(8) Cooperate, advise, consult, contract, or enter into cooperative agreements with the United States government[,] or any of its agencies, other state agencies, or the county governments[,] or any of [~~its~~] their agencies; and

(9) Take any and all other actions as may be necessary to carry out this chapter."

SECTION 5. Section 142-3.6, Hawaii Revised Statutes, is amended to read as follows:

"§142-3.6 Animal industry special fund. There is established the animal industry special fund to be administered by the board of agriculture and biosecurity. Moneys received by the board of agriculture and biosecurity from:

(1) The use or rental of the division of animal industry's [~~properties~~] property or facilities, including the animal quarantine property or facilities pursuant to section 142-3.5;

(2) Revenue from fees for diagnostic, surveillance, and other work by the animal industry division veterinary laboratory and animal disease control branch;

(3) Fines, fees, costs, and damages recovered by the department of agriculture [[]and biosecurity[]] under section 142-32;

(4) Fees for applications to register a brand or mark pursuant to section 142-41; and

(5) Appropriations or other moneys made available,

shall be deposited into the special fund. Fines collected under section 708-823.2 shall be deposited into the special fund. All interest earned or accrued on moneys deposited in the special fund shall become part of the special fund. Moneys in the special fund shall be expended to cover costs of the division of animal industry, including the costs of salaries, fringe benefits, operating expenses, equipment, motor vehicles, [~~contract~~] contracts with any qualified [~~person~~] persons or [~~entity~~] entities for livestock handling services, improvements to laboratory capabilities and operations, and operating and maintenance of the animal industry facilities; provided that moneys in the special fund may be used to fund the department's resource management and planning programs. A reserve shall be maintained in the special fund to cover contingency costs, including accrued vacation leave, unemployment insurance, and workers' compensation."

SECTION 6. Section 142-18, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [~~The~~] Subject to section 142-16, the owner of all cattle reacting to the tuberculin test shall[~~, subject to section 142-16,~~] cause them to be segregated immediately and, within a reasonable time thereafter, to be delivered for slaughter at a time and place as may be designated by the department of agriculture and biosecurity. The slaughter shall be under the direct supervision of the department of agriculture [[]and biosecurity[]] and in accordance with the meat inspection regulations of the United States Department of Agriculture."

SECTION 7. Section 142-32, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Except as otherwise provided by law, the department of agriculture [[]and biosecurity[]] may set, charge, and collect administrative fines, fees, and costs for any violation of this chapter for which a penalty is not otherwise provided, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder."

2. By amending subsections (c) to (f) to read:

"(c) The board of agriculture [[]and biosecurity[]] may impose applicable fines by order in addition to any other administrative or judicial remedy provided by this chapter or any rule adopted thereunder.

(d) For any judicial proceeding to recover a fine, fee, or cost imposed under this section, the chairperson of the board of agriculture [[]and biosecurity[]] need only show that:

(1) Notice was given and a hearing was held or the time granted for requesting a hearing has expired without receiving a request;

(2) The fine, fee, or cost was imposed; and

(3) The fine, fee, or cost remains unpaid.

(e) In addition to any other administrative or judicial remedy provided in this chapter or any rule adopted thereunder, the department of agriculture [[]and biosecurity[]] may impound, seize, confiscate, destroy, quarantine, sell, auction, or dispose of any animal, animal product, container, crate, or any other item under the jurisdiction of this chapter in the best interest of the State.

(f) Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not preclude the State from pursuing civil legal action to recover administrative fines, fees, or costs or damages against the person. Any civil legal action to recover administrative fines, fees, or costs or damages for a violation of this chapter or any rule adopted thereunder shall not preclude the State from pursuing any appropriate criminal action against that person. Unless otherwise provided, all fines, fees, costs, and damages recovered by the department of agriculture [[]and biosecurity[]] pursuant to this section shall be deposited in the animal industry special fund established under section 142-3.6."

SECTION 8. Section 142-51, Hawaii Revised Statutes, is amended to read as follows:

"[[]§142-51[]] Inspection before slaughter. No person shall allow livestock to enter a livestock harvesting establishment that slaughters or processes livestock meat and meat products unless the establishment's management has conducted a prior examination and inspection to verify the brand on animals [~~match~~] matches the ownership of the consignee[,] and collects a copy of and confirms the brand with the ownership of the livestock ownership and movement certificate pursuant to section 142-49. The establishment's management may seek assistance from the department of agriculture [[]and biosecurity[]] or a law enforcement officer if ownership determination via brand inspection is in question[,] or violation or theft is suspected. Livestock ownership and movement certificates that correlate with all livestock harvested at the plant shall be submitted weekly by the establishment's management to the department of agriculture [[]and biosecurity[~~] weekly~~]."

SECTION 9. Section 149A-51, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There shall be an advisory committee on pesticides composed of but not limited to the chairperson, or the chairperson's designated representative, who shall head the committee, and one representative each from the department of health, the department of land and natural resources, [~~University~~] the university of Hawaii college of tropical agriculture and human [~~resources,~~] resilience, the coffee industry, the diversified agriculture industry, the Hawaii Farm Bureau, the pesticide industry, the structural pest control industry, an environmental organization, a citizen group, and a landscape professional."

SECTION 10. Section 163D-42, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The working group shall consist of the following members:

(1) The chairperson of the board of agriculture [[]and biosecurity[]], or the chairperson's designee, who shall serve as co-chair;

(2) The director of business, economic development, and tourism, or the director's designee, who shall serve as co-chair;

(3) One member of the house of representatives, to be selected by the speaker of the house of representatives;

(4) One member of the senate, to be selected by the president of the senate; and

(5) Members with relevant experience, to be invited by the co-chairs."

SECTION 11. Section 201-81, Hawaii Revised Statutes, is amended to read as follows:

"§201-81 Establishment of out-of-state offices; purposes. The department of business, economic development, and tourism may establish and operate offices and facilities in out-of-state locations, including foreign nations, to effectuate the following purposes:

(1) Develop programs to reach targeted companies or industries in the respective area and surrounding regions;

(2) Monitor out-of-state government policies and regulations that have an impact on business, markets, sales, tourism, and related activities;

(3) Host government and business officials at conferences, meetings and social occasions, or other events on matters pertaining to business opportunities and attraction of investments for the State;

(4) Develop and conduct advertising efforts, promotional events, media coverage, and educational programs regarding commerce in the State;

(5) Conduct related operations as needed, including hiring or contracting for consultants;

(6) Support sister-state or province [~~relationships,~~] partnerships, as defined in section 229-1, and other partnerships that promote and enrich the people, cultures, environments, and economies of the State and its international partners; and

(7) Generate revenue for the State."

SECTION 12. Section 325-136, Hawaii Revised Statutes, is amended to read as follows:

"[[]§325-136[]] Immunity. Apart from liabilities of assessed entities pursuant to this part, there shall be no liability on the part of and no cause of action against the department, its independent contractors, or its employees for any action or omission in the course of operating the universal immunization [~~purchase~~] funding program."

SECTION 13. Section 394-11, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

"(h) For the purposes of this section:

"Coordinating agency" means the participating [~~State of Hawaii~~] state department, agency, or office hosting and employing an intern program participant.

["Eligible participant" means an individual who meets established guidelines for participation in the program, including recent high school graduates, college students, and post-graduate students, and individuals seeking to transition into public service careers.]

"Internship program" or "program" means the state internship and workforce development program established pursuant to this section.

"Participant" means an individual accepted into the internship program."

SECTION 14. Section 412:13-102, Hawaii Revised Statutes, is amended by amending the definition of "home state" to read as follows:

""Home state" has the same meaning in reference to national banks, state banks, and bank holding companies as is set forth in section [~~44(f)(4)~~] 44(g)(4) of the Federal Deposit Insurance Act (12 U.S.C. [~~1831(u)),~~] 1831u(g)(4)), and the same meaning in reference to foreign banks as is set forth in section 5(c) of the federal International Banking Act (12 U.S.C. 3103(c))."

SECTION 15. Section 514B-154.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Except as provided under section [[]514B-154.2[]], any documents, records, and information, whether maintained, kept, or required to be provided pursuant to this section or section 514B-152, 514B-153, or 514B-154, may be made available electronically to the unit owner or owner's authorized agent if the owner or owner's authorized agent requests such in writing."

SECTION 16. Section 574-3, Hawaii Revised Statutes, is amended to read as follows:

"§574-3 Children born to parents not married to each other. The registrar of births shall register any child born to parents not married to each other at the time of the child's birth and where either the natural parents have not married each other or where the parent-child relationship has not been established pursuant to chapter 584A, as having both a family name and given name chosen by the individual who gave birth to the child, unless the child is born to a gestational surrogate or genetic surrogate pursuant to part IX[,] of chapter 584A, in which case, the child's name shall be chosen by the intended parent or parents."

SECTION 17. Section 706-605.6, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) If a person is convicted of the offense of:

(a) Assault in the first degree, as provided by section 707-710;

(b) Assault in the second degree, as provided by section 707-711(1)(a), (b), (d), or (n);

(d) Terroristic threatening in the first degree, as provided by section [~~707-716(a),~~] 707-716(1)(a), (e), or (f); or

(e) Terroristic threatening in the second degree, as provided by section 707-717; and

the victim of the offense is a sports official engaged in the lawful discharge of the sports official's duties, the court may order, in the court's discretion, that the defendant, in addition to any other punishment imposed pursuant to chapter 706, be enjoined from attending any sports event of the type at which the sports official was engaged in the lawful discharge of the sports official's duties for a period of up to twelve months from the date of sentencing for a first offense, and for life for a second or subsequent offense."

SECTION 18. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 20. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

THE SENATE	S.B. NO.	3225
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII