STAND. COM. REP. NO. 150-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1870

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Economic Development & Technology, to which was referred H.B. No. 1870 entitled:

"A BILL FOR AN ACT RELATING TO PROTECTED COMMUNITY LOCATIONS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish statewide standards for state and county agencies, officers, and employees, and recipients of state funds, to limit participation in civil immigration enforcement in or near protected community locations;

(2) Require the Department of Education, State Public Charter School Commission, University of Hawaii, Hawaii Health Systems Corporation, Hawaii State Public Library System, and Hawaii Emergency Management Agency to adopt and post written policies, provide annual staff training, and maintain data privacy protections; and

(3) Appropriate funds to the Attorney General for implementation of this measure.

Your Committee received testimony in support of this measure from the Hawaiʻi State Public Library System; two members of the Hawaiʻi County Council; Hawaiʻi Coalition for Immigrant Rights; Pacific Gateway Center; Hawaiʻi Alliance of Nonprofit Organizations; Honolulu Hawaii NAACP; Wesley United Methodist Church; Healthcare Association of Hawaii; Hawaiʻi Children's Action Network Speaks!; The American College of Obstetricians and Gynecologists, Hawaii Section; American Civil Liberties Union; Pride at Work – Hawaiʻi; League of Women Voters of Hawaii; The Legal Clinic; Hawaii State Coalition Against Domestic Violence; Hawaii Appleseed Center for Law & Economic Justice; Hawaiʻi Alliance for Progressive Action; Imua Alliance; Roots Reborn; HULI PAC; Green Party of Hawaiʻi; American Civil Liberties Union of Hawaiʻi; University of Hawaii Professional Assembly; and numerous individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Education; University of Hawaiʻi System; Hawaiʻi Emergency Management Agency; and State Public Charter School Commission.

Your Committee finds that schools, health care facilities, libraries, shelters, and places of worship must remain safe and accessible to all residents seeking essential services. Your Committee further finds that in January 2025, the United States Department of Homeland Security rescinded prior guidance regarding protecting sensitive or protected locations, which has created uncertainty and may deter individuals from accessing critical public services. This measure helps ensure that nonprofits, schools, health care facilities, churches, and other community locations can continue to function as trusted, safe spaces where people can seek help without fear.

Your Committee has amended this measure by:

(1) Expanding the definition of "immigration detainer" to include requests to county agencies;

(2) Expanding the definition of "protected community location" to include any facility operated by the State or a county;

(3) Amending the definition of "state actor", adding a definition for "state contractor", and expanding all references to state actors to include state contractors;

(4) Requiring all state and county agencies that operate protected community locations to adopt and post written policies by January 1, 2027;

(5) Amending the required contents of the written policies;

(6) Requiring the attorney general to adopt policies regarding complaints, investigations, findings, and penalties;

(7) Deleting the civil penalties, private right of action, and retaliation prohibition;

(8) Removing a provision related to the recission of federal immigration enforcement policies;

(9) Changing its effective date to July 1, 3000, to encourage further discussion; and

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

Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $500,000.

Your Committee notes that other than the appropriation section, the intended implementation date of this measure is January 1, 2027.

As affirmed by the record of votes of the members of your Committee on Economic Development & Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1870, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1870, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Economic Development & Technology,

____________________________

GREGGOR ILAGAN, Chair