STAND. COM. REP. NO. 1341-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 1432

S.D. 2

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Water & Land, to which was referred S.B. No. 1432, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHANGES TO RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH CONCERNING PATIENTS, THE COUNTY OF KALAWAO, AND THE KALAUPAPA SETTLEMENT,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish the Kalaupapa State Historical Area;

(2) Authorize the Department of Health to continue providing services statewide to Hansen's disease patients living in the community;

(3) Repeal sections of chapter 326, Hawaii Revised Statutes, relating to Hansen's disease to take effect upon the one‑year anniversary of the passing of the last patient resident of Kalaupapa, as affirmed in a Governor's proclamation;

(4) Provide for the eventual cessation of the County of Kalawao and its integration into the County of Maui; and

(5) Require future planning for the Kalaupapa Settlement to include community organizations, including one selected in consultation with the Molokai community.

Your Committee received testimony in support of this measure from the Department of Hawaiian Home Lands and one individual. Your Committee received testimony in opposition to this measure from the Sovereign Council of the Hawaiian Homestead Associations - Molokai Mokupuni; Association of Hawaiians for Homestead Lands; Hoomana Pono LLC; ʻO Makuʻu ke kahua; and three individuals. Your Committee received comments on this measure from the Department of Health; one member of the Maui County Council; Ka ʻOhana O Kalaupapa; and four individuals.

Your Committee finds that the population of former Hansen's disease patients residing at Kalaupapa in the County of Kalawao is aging. There are currently seven individuals on the Kalaupapa registry who receive services from the State, and four of them are full-time residents at Kalaupapa. The County of Kalawao consists of that portion of the island of Molokai commonly known as the Kalaupapa Settlement, and this county is under the jurisdiction and control of the Department of Health (DOH) and governed by the laws and rules relating to DOH and the care and treatment of persons affected with Hansen's disease. After the passing of the last full- or part-time patient resident at Kalaupapa, DOH will no longer provide patient care there. Your Committee further finds that there are many other stakeholders that care about the future of the Kalaupapa Settlement and the preservation of the historical, cultural, and environmental significance of the County of Kalawao. This measure seeks to establish a transparent process and the opportunity for greater public input regarding the future of Kalaupapa.

Your Committee has amended this measure by:

(1) Deleting the proposed establishment of the Kalaupapa State Historical Area;

(2) Requiring the Department of Hawaiian Home Lands and Department of Land and Natural Resources to submit to the Department of Health, for inclusion in the Department of Health's annual report regarding the Kalaupapa Settlement, a summary of their respective activities in and related to the County of Kalawao, including efforts involving community engagement and consultation;

(3) Upon the occurrence of certain circumstances and subject to the approval of the Director of Health, temporarily allowing the County of Maui to request funding from the State for costs associated with the transfer of jurisdiction, powers, duties, and responsibilities under this measure; provided that any funds granted shall be subject to legislative appropriation;

(4) Time-limiting the requirement for future planning for the Kalaupapa Settlement to include community organizations, including one selected in consultation with the Molokai community;

(5) Delaying the repeal of sections of chapter 326, Hawaii Revised Statutes, until the two‑year anniversary of the passing of the last patient resident of Kalaupapa, as affirmed in a Governor's proclamation;

(6) Delaying the eventual cessation of the County of Kalawao and its integration into the County of Maui, until the two‑year anniversary of the passing of the last patient resident of Kalaupapa, as affirmed in a Governor's proclamation;

(7) Providing that nothing in this measure shall be construed to prevent the Legislature from establishing a new county encompassing the island of Molokai in the future or to limit the ability of the residents of Molokai to pursue self-governance through the creation of such a county;

(8) Adding a severability clause;

(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.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1432, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 1432, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

MARK J. HASHEM, Chair