001All right, welcome everyone to the Judiciary Committee decision-making only agenda for the 7th of April. Um if we have a catastrophic failure on the Zoom side, we'll try again tomorrow at on April 8th, that's Wednesday at 9:30 a.m. in this room 116. Okay, we have 37 bills. So we'll get started. First on the agenda is HB 1553. This requires any existing habitat conservation plan that does not include an agreement for emergency medical and rehabilitation services for effective native wildlife to be amended to include the services in the agreement. Uh recommendation here is to pass as is. Questions or concerns? If not, Vice Chair Gabbard. On HB 1553 SD1, recommendation to pass as is. Chair Rhoads. Aye. Vice Chair Woosley, Senator Chang. Senator San Buenaventura. Aye. Senator Auwae. Excused, the measure's adopted. Thank you. Next up
002is HB 1667. This lowers the age to obtain a state civil identification card without a signature from a parent or guardian from 18 to 16. Uh recommendation here is also to pass it unamended. Questions or concerns? If not, Vice Chair. Recommendation to pass unamended. Chair Rhoads. >> Aye. Vice Chair Woosley, Senator Chang. Aye. Senator San Buenaventura. Aye. Senator Auwae's excused, measure's adopted. Okay, thank you. Next up is HB 1679. This clarifies an association board's authority with respect to calling and authorizing electronic meetings, electronic voting, and electronic meetings, uh electronic voting without a meeting, and mail voting without a meeting. Uh it clarifies that proxies are only to be used by any for any voting conducted at a meeting. Uh recommendation on this one is to in subsection F on page five, specify that the order
003of controlling authority specify the order of sorry, specify that the order of controlling authority if a deadline for voting or written consent is established by an authority other than the board, it is first the what's what it says in the declarations, then the bylaws, and then chapter 514B that would control. Change the phrase special rule order to special rule on page four for clarity. And it still does have a bad date. Questions or concerns? If not, Senator Gabbard. I'm voting with reservations on this. Um I although I'm for electronic um voting and and mailing voting, I I think you there needs to be there needs to be there needs to be an ability for dissenters to be able to dissent um instead of just voting as is with about whatever it is that the ballot
004is to them sent to them. Okay. Okay, so reservations. Okay. Okay, uh any other reservations or no votes? The measure is adopted. Okay, thank you. Moving on to HB 1682. This enacts the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, well, or sort of. Um recommendation here uh will just be technical amendments and we'll add committee report language expressing concerns about departing from the model act. The other problem the SD6 the other problems the SD1 seeks to address may need to be a subject of a different bill, but um it still has a bad date, I believe. Yes, so we'll go ahead and move it on with your concurrence. Questions or concerns? If not, Vice Chair. On HB 1682 HD1 SD1, recommendation to pass with amendments. Are there any members present? Are there
005any no votes or reservations? Hearing none, the measure's adopted. Thank you. Next up is HB 1692. This requires drivers approaching stationary vehicles displaying warning signals to slow down and make a lane change if possible and safe to do so, and come to a complete stop. Prohibits the operation of a pickup truck with a passenger seated in the bed or load carrying the area on roads with posted speed limits of 46 miles an hour or above and roadways with three or more lanes traveling in the same direction. Um provides certain exemptions from passenger restrictions and increases the minimum age to ride in the bed to 18 from 12. Does have a bad date. Uh recommendation here is to uh pass with amendments. In part one, change the standard to reasonable and prudent for slowing down if
006no lane change is possible, and we'll add a severability clause as well since there are two very distinct parts of the bill. Questions or concerns? If not, Senator Gabbard. HB 1692 HD2 SD1, members present, any no votes or reservations? Hearing none, the measure's adopted. Thank you. Next up is HB 1700. This includes housing projects for individuals with disabilities and individuals with access and functional needs as eligible projects to apply for expedited permits. Um recommendation here is to pass as is. Questions or concerns? If not, Senator Gabbard. On HB 1700 HD1 SD1, recommendation to pass as is. Any no votes or reservations? Hearing none, the measure's adopted. Thank you, members. Next up is HB 1728. This requires the Department of Health to allow for the installation and operation of rainwater catchment systems for potable and non-potable
007I can never remember how that word's pronounced. Potable, potable, something. Drinkable. On all on all properties. Uh recommendation here is to pass as is. It does have a bad date. Questions or concerns? If not, Vice Chair. HB 1728 HD1 SD1, members present, any no votes or reservations? Measure's adopted. Thank you. Next up is HB 1752. This replaces the Adjutant General on the Hawaii Emergency Medical Services Advisory Committee with the administrator of the Hawaii Emergency Management Agency. Uh recommendation here is to pass with text only. Questions or concerns? If not, Vice Chair. Oh, we don't have text on this one. I don't know how we came up with that. Let's see. Was it unamended? No. Okay, my bad. Uh then it's just uh unamended. Questions or concerns? I don't know if I'm messing up the vote
008sheet. It's okay. If not, Vice Chair. HB 1752 HD1 SD1, recommendation to pass as is. Any no votes or reservations? Hearing none, the measure's adopted. Thank you. Next up is HB 1768. This prohibits any law enforcement agency or law enforcement officer from Yeah. 1753. Oh. Oh, okay, I see what happened. Yeah, I'm sorry. 1753 is next. Requires certain social media platforms to provide an accessible mechanism for users to delete their accounts on the platform and permanently erase all from personal information and sensitive personal information associated with deleted accounts. Uh this is the one with text. Questions or concerns? If not, HB 1753 HD2 SD1, recommendation to pass with amendments. Any no votes or reservations? Hearing none, the measure's adopted. Thank you. Next up is HB 1768. This prohibits any law enforcement agency or law enforcement
009officer from entering into an agreement under federal law that permits state or county agencies to engage in immigration enforcement. Uh the recommendation on this law is to uh pass with some amendments um suggested by the AG. So add a new section after section {dash} three, prohibited action by law enforcement agencies or law enforcement officials. So that's basically a tech. And then construction under So federal law, nothing in this chapter shall be construed as prohibiting or restricting any state or county law enforcement agency or any law enforcement official from acting in accordance with title eight United States Code sections 1373 and 1644. I believe it still has a bad date. Yes. Questions or concerns? If not, Vice Chair. HB 1768 HD1 SD1, recommendation to pass with amendments. Any no votes or reservations? Hearing none, the measure's
010adopted. Okay, thank you. Next up is HB 1810. Beginning in on the 1st of January 2027, establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-terrestrial tangible property. And recommendation on HB 1810 is to pass um with some amendments. We'll fix the section 467B-25.83 cross reference. And move the prohibited act language to section 467B9 for chapter consistency. And we'll leave the bad date. Questions or concerns? If not, Vice Chair. HB 1810 HD2 SD1, recommendation to pass with amendments. Any no votes or reservations? Hearing none, the measure's adopted. Thank you. Next up is HB 1858. Relating to vital statistics and amends the various requirements in the event of a fetal death. Uh recommendation here is to pass as is. Questions or concerns? If not, Vice Chair. HB 1858 HD2 SD1
011recommendation to pass as is. Any no votes or reservations? Hearing none, measure is adopted. Okay, thank you. Next up is HB 1875. This expands the protections established under Act 2 of 2023 to include gender-affirming health care services clarifying permitted disclosures of protected health information to address changes in federal regulation. Uh the recommendation here is to pass with amendments. [snorts] Um We'll accept the amendments requested by Planned Parenthood that amend the abusive litigation statute on page 3 to 5 to allow for civil actions by aggrieved persons to be brought brought in the civil court where they reside or where they are or where they accessed, received, provided, or facilitated the health care. We'll also amend the abusive litigation statute to add a subsection that clarifies that abusive abusive litigation does not include standard health care actions
012or activities of a health care regarding insurance coverage status, fraud, waste, or the lawful activities of a health care to enforce the rights under a contract with a person or entity. We'll delete the reference to standard of care in the definition of gender-affirming care on page seven. And we'll provide the preamble to be consistent with the above amendments. Um make the bill effective on July 1, 2026. And I just checked with the Human Health and Human Services Chair that which you wanted to do. Okay, that's that's their suggestions. Questions or concerns? If not, Vice Chair. HB 1875 HD2 SD1 recommendation to pass with amendments. Any no votes or reservations? Vice Chair votes no. Measure is adopted. Thank you. Next up is HB 1881. This prohibits passenger ropeways in all land use districts with an exemption
013for a government entity or government official government recognized corporation or nonprofit organization subject to legislative approval. Um Recommendation is to apply it to public property only to avoid potential takings issues. And they did receive prior concurrence and I think it still has a bad date. Yes, still has a bad date. Questions or concerns? If not, Vice Chair. On HB 1881 HD1 SD1 recommendation to pass with amendment. Any no votes or reservations? Measure is adopted. Okay, next Thank you. Next up is HB 1886. Establishes provisions limiting state and federal collaboration for purposes of immigration enforcement standards. Establishes identification and facial coverage standards for state and federal law enforcement officers. And establishes criminal offenses for improper facial coverings and lack of visual identification and unauthorized civil immigration and interrogation, arrest, or detention. Okay, this um We do
014have prior concurrence and there's a whole bunch of changes, so bear with me. Um we'd like to harmonize chapter 139 with chapter 710 and add plainclothes plainclothes identification exemption. We'll amend page seven lines 9 to 12 and page eight lines 11 to 21, so the administrative section mirrors the criminal section includes a plainclothes exception. Um that will read no law enforcement officer or federal law enforcement officer officer shall wear a facial covering that conceals or obscures the officer's facial identity while engaged in official duties in a public setting except as provided in subsection B. In subsection B, every law enforcement officer and federal law enforcement officer engaging in official duties in a public setting shall display visible identification on the outermost garment or gear that includes the officer's agency name or the officer's last name
015or unique badge number provided that this subsection shall not apply to a plainclothes plainclothes or undercover operation authorized by supervising personnel or court order where disclosure of identity would jeopardize officer safety or the integrity of the operation. Uh then another section will another uh addition would be eliminate duplication or conflicts between the two face covering sections to keep both sections at a conforming clause at the start of chapter 710. Requirements and exemptions in this section shall be construed consistently with section 139. And we'll amend the page nine line 20 to page 10 line two, so the criminal section also requires intentional concealment. No law enforcement officer shall intentionally wear a facial covering that conceals or obscures a law enforcement's facial identity while the officer is performing official duties. And then we'll remove uh remove a
016redundant SWAT exemption, so delete on page 10 lines 16 to 18. Assigned to special weapons and tactics teams while perform actively performing special weapons and tactics responsibility. Um Replace unauthorized interrogation offense with a narrower version. Replace page 12 line 16 through page 13 line 16 with unauthorized civil immigration arrest or detention. A person commits the offense of unauthorized civil immigration arrest or detention if the person is a law enforcement officer acting under color of law who intentionally or knowingly acts beyond the scope of a law enforcement officer's lawful authority by initiating or prolonging a stop, detention, or arrest for the purpose of determining or enforcing the person's civil immigration status when the law enforcement officer lacks reasonable suspicion based on specific and articulable facts that the person is unlawfully present in the United States. An
017unauthorized civil immigration arrest or detention will be a class C felony. For the purposes of this section, civil immigration status means a person's status under federal immigration law that is civil in nature not by itself a crime a criminal offense under state law. Reasonable suspicion shall mean not based on based solely on race, color, ethnicity, national origin, ancestry, language, accent, religion, manner of dress, presence in a particular location, or the exercise of rights protected by the United States Constitution. And we'll delete the definition of interrogation and delete or the or in the quote or the Hawaii state constitution from the reasonable suspicion definition. And we'll add a savings clause. And then I'd also like to add committee language pointing out to conferees that there are several related bills still alive and we'll list them and
018note that they aren't all referred the same way, so I'll include specifically Senator Chang's bill Senate Bill 2203 in addition to those noted um in other places. Let me repeat that. Questions or concerns? If not, Vice Chair. On HB 1886 HD2 SD1 recommendation to pass with amendments. Are there any no votes or reservations? Hearing none, measure is adopted. Thank you. Next up is HB 1897. This amends the conditions and procedures of alternate dispute resolution for condo-related disputes. Um This one I'm not quite happy with yet, so I'm going to defer it until Thursday 10:02 a.m. Uh that is April 9th at in this room 016. Okay, next up is HB 1957 related to safe entryways. Establishes for a county with a population greater than 300,000 enforcement procedures to prevent people or personal property from blocking
019or otherwise impeding entryways. Um This one I'm going to defer indefinitely. Uh it certainly isn't a a problem it certainly is a problem in the district I represent, but if the doorway is private property, that's trespass. And if it's on a public sidewalk, there's already a law that uh Nick prohibits you from blocking the sidewalk, which was my bill back in like 2014. So that one is deferred indefinitely. HB 1959 is next relating to domestic violence. Extends for 5 years certain provisions from Act 19 from session laws 2020 relating to abuse family or household members including establishing a petty misdemeanor offense of abuse of family or household members, clarifying the penalties for violations, etc. Uh Recommendation here is to pass it as is. Questions or concerns? If not, Vice Chair. HB 1959 HD2 SD1 recommendation
020to pass unamended. Any no votes or reservations? Hearing none, the measure is adopted. Thank you. Next up is HB 1961. This prohibits persons from interfering with another person's access to or from a health care facility or disrupting the normal functioning of a health care facility. Makes violations a petty misdemeanor and establishes a private right of action. Uh recommendation here is also to pass as is. Questions or concerns? If not, Vice Chair HB 1961 HD2 SD1 recommendation to pass as is. Any no votes or reservations? Vice Chair votes no. Measure is adopted. Thank you. Next is HB 1962 and establishes This establishes an exemption for mediation in parentage proceedings where there are allegations of domestic abuse. Clarifies the exemptions for mediation in divorce proceedings as relates to domestic domestic abuse. Recommendation on 1962 is to pass
021as is. Questions or concerns? If not, Vice Chair. HB 1962 HD2 SD1 recommendation is as is. Any no votes or reservations. Hearing none, the measure is adopted. Thank you. Next up is HB 2078. This requires the Attorney General in consultation with Criminal Justice Research Institute to submit annual reports to the legislature. Um, I'm sorry. This is having to do with habitual violent crime. Uh, the recommendation on HB 2078 is uh to require reports to contain only aggregate information and exclude personally identifiable {slash} confidential confidential information. It does have a bad date still. Questions or concerns? If not, Vice Chair. HB 2078 HD1 SD1 recommendation to pass with amendments. Yes. Any no votes or reservations? Hearing none, the measure is adopted. Thank you. Next up is HB 2088. This adds the requirement that a written consent
022to adoption be notarized. Recommendation here is to pass as is. Questions or concerns? If not, HB 2088 recommendation to pass as is. Any no votes or reservations? Hearing none, the measure is adopted. Thank you. Next up is HB 2096. Clarifies and expands procedures for aggravated aggravated circumstances determinations in Child Protective Act proceedings. Uh, the recommendation on 2096 is to pass as is. Did I skip one? Yes. 2093 What was the last one we had? We voted on 2088. Yeah. 2093 you skipped that. Oh, I'm sorry. Yeah. Yeah. Here it is. Uh, sorry. Moving on to HB 2093. Provides for the temporary sealing of certain medical records and professional evaluations filed in guardianship and conservatorship proceedings pending a judicial determination on the need for continued sealing. Uh, recommendation is to pass as is. Questions or concerns?
023If not, Vice On HB 2093 SD1 recommendation to pass unamended. Any no votes or reservations? Hearing none, the measure is adopted. All right. That brings us to HB 2096. This clarifies and expands procedures for aggravated circumstances determinations in Child Protective Act proceedings. Uh, the recommendation here is also to pass as is. Questions or concerns? If not, Vice Chair. HB 2096 AC2 SD1 recommendation to pass as is. Any no votes or reservations? Hearing none, the measure is adopted. Thank you. Next up is HB 2097. This authorizes administrator's driver's license revocation hearings to be conducted using interactive conference technology. Clarifies that evidence in hearings conducted via interactive conference technology may be submitted and exchanged electronically. Uh, recommendation here is to pass as is. Questions or concerns? If not, Vice Chair. HB 2097 HD1 SD1 recommendation to pass
024as is. Any no votes or reservations? Hearing none, the measure is adopted. Thank you. Next up is HB 2121. Beginning January 1st, 2027, prohibits the sale, offer for sale, or distribution for sale of any disposable electronic smoking device in the state. Uh, recommendation here is Uh, I'm going to defer it and the reason for this SB 2175, which has a less challengeable title is moving on the house side, so we'll defer this one. HB 2152 relating to dog attacks. Um, So, the recommendation is to make some amendments. Um, but if you don't like them, Chair, Chair Gabbard, we can do otherwise. Um, the recommendation and our recommendation on is on page three line 16 and page four line Uh, oh, lines 12 and 13. Limit persons who may kill the dog to to the owner
025of the livestock or their agents, which may include family members. And make the application to district court just like any other filing to district court and a judge may order the dog euthanized. And we'll remove the joint and several liability on page six line seven, which I'm not sure it means anything in this context. Um, and it does have a bad date, so you can tinker at conference if you want. Okay. Sounds good. Other questions or concerns? If not, Vice Chair. HB 2152 HD2 SD1 recommendation to pass with amendments. Any no votes or reservations? Hearing none, the measure is adopted. Okay. Next up is HB 2282. Beginning the 1st of January 2027, requires insurers to provide explanation of premium increases upon request. Uh, recommendation here is to pass as is. Questions or concerns? If not,
026Vice Chair. On HB 2282 HD1 SD1 recommendation to pass as is. Any no votes or reservations? Hearing none, the measure is adopted. Okay. Thank you. Next up is HB 2293. This clarifies the scope of the Department of Education's harm to student registry by excluding K-12 students and providing that a contractors and volunteers are included only if their roles involve interaction with students. Uh, recommendation here is to pass as is. Questions or concerns? Seeing none, Senator Senator Gabbard. HB 2293 HD2 SD1 recommendation to pass as is. Any no votes or reservation? Hearing none, the measure is adopted. Thank you. That brings us to HB 2309 relating to the Hawaiian Homes Commission Act of 1920. It amends this act to include siblings' children as qualifying relatives of lessees. Did I skip one again? I I think I
027can't hear you, but can you repeat 2293? We voted on 2293. We voted on 2293. Yeah, we got 2293. We did. Yeah. Passed with amendment. Yeah. Uh, HB 2309. This is the Hawaiian Homes Hawaiian Homes Commission Act changes um to include to amend to include siblings' children as qualifying relatives of lessees for the purposes of lease lease transfer and lease successorship in the same manner currently allowed for spouses, children, grandchildren, and siblings. Um, we'll go ahead and put a different bad date on it, um, March 22, 2075. So, that's the only amendment. Questions or concerns? If not, Vice Chair. HB 2309 HD1 to pass with amendment. Any no votes or reservations? Hearing none, the measure is adopted. Okay. Thank you. Next up is HB 2314. Modernizes Hawaii's emergency medical service laws to align with current
028best practices. Uh, recommendation here is to pass as is. Questions or concerns? If not, Vice Chair. On HB 23 14 HD2 SD1 recommendation to pass as is. Any no votes or reservations? Hearing none, the measure is adopted. Thank you. Next up is HB 2324. This repeals the requirement that the Department of Labor and Industrial Relations regulate hoisting machines and certify their operators and the Hoisting Machine Operators Advisory Board. Uh, the recommendation on this one Uh, is to defer it. The companion SB 3144 is already to the full house and is scheduled for tomorrow, I believe. Uh, next up is HB 2413. This requires release on recognizance for defendants charged with violations, traffic offenses, non-violent petty non-violent misdemeanors, non-violent class C felonies subject to conditions. Uh, recommendation here is to pass it with uh several amendments.
029Uh, there is a bad date on it, which we will leave for further discussion. Uh, proposed amendments are to define violent use Looks I'm sorry. That's correct. Yes. We'll define violent. We'll use the definition we used for the immigration bill, um, violent crime that we used for the immigration bill a week or so ago. Uh, for purposes of this section, violent or violent offense means a crime of violence as defined in section 134-1. And under section 134-1, crime of violence includes any offense under federal or state law or the law of another state in the United States territory. I don't think we need to read that the whole thing. So, that's that's where it is. We'll replace subsection F written findings with oral findings on the record with findings reflected in minutes minute orders as
030appropriate. I will limit the reconsideration of bail without cause to one time and allow more allow another allow further reconsiderations if there's a change of circumstance or new information. We'll clarify subsection I, so only court may impose sanction or financial conditions under sub under section 804-7.3. Uh, prosecutors, pre-trial officers may only file the application or request. Um, then I'd also like to put in some committee report language explaining that posting bail is no guarantee of appearance and that those on bail commit additional crimes uh, from time to time. Note that to ensure appearance by every arrestee, everyone should have to be held I'm sorry. To ensure appearance by every arrestee, everyone would have to be held until their trial date. Not only would this be very expensive, it's not necessary and it's probably unconstitutional as
031well. The general rule is that you're innocent until proven guilty, not that you must start serving a sentence before you've been convicted of a crime. I believe we I mentioned we do have a prior occurrence. Questions or concerns? If not, Vice Chair. Uh, HB 2413 HD1 SD1 recommendation to pass with amendments. Any no votes or reservations? Uh, Vice Chair votes with reservations. Measure is adopted. All right. Thank you very much. Next up is HB 2433 requires that priority be given to the language of a law that aligns with the intent of the legislature if there is a difference between the English and Hawaiian versions of the law that is material to its interpretation. Uh recommendation here is to pass with an amendment. Um We'll amend HRS section 1-13 to retain We'll amend this bill to
032retain the current um language in 1-13 that English and Hawaiian are the official languages of Hawaii. The The bill said that they would be the official language of Hawaii, but they are the official language languages of Hawaii. And then we'll [clears throat] also put on a different bad date, uh March 22, 2075. If Questions or concerns? If not, Vice Chair. >> HB 2433 HD1 recommendation to pass with amendments. Any no votes or reservations? Hearing none, the measure passes. Okay, thank you. Next up is HB 2503. This authorizes civil asset forfeiture related to fireworks offenses that can constitute felonies. Uh the recommendation here is to accept the AG's technical amendment clarifying that only felonies trigger forfeiture. Questions or concerns? If not, Vice Chair. HB 2503 HD1 SD1 recommendation to pass with amendments. Any no votes or
033reservations? Hearing none, the measure is adopted. Thank you. Next up is HB 2505 relating to assist community treatment. Clarifies the community mental health outpatient programs that have agreed to provide mental health services to a defendant as part of an assisted community treatment order may prepare a a certificate for assisted community treatment and provide the certification certificate to the defendant and may file an assisted community treatment petition with the family court. Uh recommendation here is to pass unamended. Yes. Unamended. Unamended. Okay. Unless you want to change it. Uh the um the Department of Health proposed amendments that they gave it to me pretty late, so I chose not to put it in for this one. Oh. Um I don't know. Can Do you know what they are? Uh it it's listed on their um testimony. Okay.
034I mean, otherwise it's just going to go to conference and it'll be Yeah, that's fine. Vice Chair, it's fine. >> Let's just go with unamended then. Okay. Thank you. Other concerns or questions? If not, Vice Chair. HB 2505 HD1 SD1 recommendation to pass as is. Any no votes or reservations? Hearing none, the measure is adopted. Okay, next up is HB 2540. This prohibits, with certain exceptions, the use of facial coverage coverings and requires visual identification by law enforcement officers in their vehicles in the performance of their duties. And does a number of other things. Requires state and county law enforcement agencies to establish policies regarding state and county cooperation with federal civil immigration enforcement. Prohibits law enforcement officers from allowing a stop to inquire about a civil person's civil immigration status. Establishes criminal offenses for
035use of a mask or facial covering by a law enforcement officer, lack of visual identification, and unauthorized civil immigration interrogation. Okay, recommendation here is another long one. Okay, so it's long, so bear with me. So, we'll recast no provisions in in section 139A as mandatory police as mandatory policy terms. Replace section Replace page six, lines four to 14 with a a requirement that no an opaque facial covering may only be used when no other reasonable alternative exists and necessity is documented contemporaneously or as soon as practical thereafter. And the identification required in this policy remains visible unless an express exemption in paragraph three applies to the identification requirement. Requirement that no supervisor shall knowingly allow a law enforcement officer or a person who is supervised or commanded to violate state law or agency policy regarding
036the use of facial coverings and display of of identification on the officer or vehicle. Then uh section on will make making criminal make criminal exemptions match policy exemptions. Um Replace page 12, lines 13 to 19 with a section shall not apply to a law enforcement officer who is engaged in an authorized undercover assignment or operation or related duties in support of an undercover assignment or operation authorized by supervising personnel or court order. Engaged in an active tactical operation where protective gear is required for safe physical safety. Uses a protective equipment as required by applicable I'm sorry. Uh using protective equipment as required by applicable occupational health and safety law. Using a facial covering to protect identity during prosecution prosecution as authorized by law or court order. Or a plainclothes officer designated by the officer's agency
037provided that the officer may wear a facial covering only when within the eyesight of another officer from the same agency who is unmasked while the masked plainclothes officer performs official duties. We'll add a positive definition of mask or facial covering, which I don't think I need to read out entirely. No. Okay, we'll just leave that one as add a positive definition of mask or facial covering. And then we'll simplify the vague um section 139B standards. Again, I don't think I need to read that one out. And we'll remove or narrow 353C to the Department of Law Enforcement only. And we'll replace sections 10 710B with uh suggestions by the AG. Uh 7 710B would be unauthorized civil immigration arrest or detention. A person commits the offense of unauthorized civil immigration arrest or detention if the
038person is a law enforcement officer acting under color of law who intentionally or knowingly acts beyond the scope of the law enforcement officer's lawful authority by initiating or prolonging a stop, detention, or arrest for the purposes of determining or enforcing the person's civil immigration status when the law enforcement officer lacks reasonable suspicion based on specific and articulable facts and the person is unlawfully present in the United States. Unauthorized civil immigration arrest or detention is a misdemeanor. For purposes of this section, we'll add a definition of civil immigration status and reasonable suspicion. Delete the definition of interrogate and also amend the findings on pages three, line one to two to change the offense catch offense captions from unauthorized civil immigration interrogations, arrest or detention to unauthorized civil immigration Yeah. Yeah, just taking out the immigration. And
039we'll clarify and unify the law enforcement agency. Law enforcement agency means any county police department, the Department of Law Enforcement, Department of the Attorney General, the Division of Conservation and Resource Enforcement of the Department of Land and Natural Resources, and any other state or county body that employs law enforcement officers, and any federal law enforcement agency. And that's it. And we have priority concurrence from both both previous chairs. So, questions or concerns? If not, Vice Chair. Uh on HB 2540 HD2 SD1 recommendation to pass with amendments. Any no votes or reservations? Hearing none, the measure is adopted. All right, thank you, members, and thanks everyone for being here. I promise I will never ever do a 37 bill agenda again. Yeah. Good morning. Like to call to order the Joint Committee on Committee of Education,
040Committee on Judiciary. Today is Tuesday, April 7th, 10:45 a.m. We are in conference room uh we're on 10:45 a.m. agenda. It is 10:52 a.m. and we are in room 016. Uh we have just one item on the agenda, uh Senate Concurrent Resolution 105 and Senate Resolution 99. This is urging the Department of Education to provide information to students on how to pre-register to vote prior to reaching voting age. And uh we have four people signed up to testify. I don't see them in the room, but we have Keith Hayashi from Department of Education, Scott Nago for Office of Elections, uh Yasmin Shaney from the Hawaii State Commission on Status of Women, and Shayna Wailana Kukila for the League of Women Voters. All in support. Anyone else wishing to testify on this measure? I hear no
041one else here to testify. Members, are open for discussion. I see no questions to ask anybody. This is not my resolution, so I can't even speak on this, but So, but Are you okay to move forward? Sure. I mean, yeah. >> Okay. Yeah. >> You said vote. You got quorum. We got quorum. Okay. Okay. I'm just certain this is not going to come up again. Vote sheets. Okay, this this is an education question. We're getting new testimony from people in the room. I just wanted to You're going to have questions for No, we're going to send it to Virgin Virgin. We're just putting it in for them. Who controls it? Who sends it to them? Who's going to send it to you? Or we'll send it to um I would specify on my sheet. We'll
042follow our meeting minutes. there's I don't know I mean I'm not So my sense is to lie I just said okay that's fine I don't want to just say no Yep Okay members if there are no discuss the recommendation is to pass both SCR and SR as is one second hold on technical and non-substantive amendments for clarity and consistency so with an SD1 Any any discussion hearing none to pass amendments Yeah with tech amendments yes thank you chair votes I chair votes I it's um sorry not I'm passing an amendment Excuse me she's a mini me mini me I'm not confused Yeah pass with amendments >> Yes chair Kim I I Senator Fukunaga excused Senator Hashimoto I Senator DeCoite excuse me this is adopted with amendments Thank you For JCM the same recommendation questions or
043concerns if not vice chair chair Rhodes vice chair votes I Senator Chang Senator San Buenaventura I And measures adopted Thank you Thank you We're adjourned