RELATING TO STATUTORY REVISION: AMENDING OR REPEALING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES OR THE SESSION LAWS OF HAWAII FOR THE PURPOSES OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, OR DELETING OBSOLETE OR UNNECESSARY PROVISIONS.

HB1438

HOUSE OF REPRESENTATIVES

H.B. NO.

1438

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to statutory revision:
�
Amending or
repealing various provisions of the hawaii revised statutes or the session laws
of hawaii for the purposes of correcting errors and references, clarifying
language, or deleting obsolete or unnecessary provisions
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION
1.
�
Section 91-3, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:

����
"(a)
�
Except as otherwise provided in this section,
prior to the adoption of any rule authorized by law, or the amendment or repeal
thereof, the adopting agency shall:

����
(1)
�
Give
at least thirty days' notice for a public hearing.
�
The notice shall include:

���������
(A)
�
A
statement of the topic of the proposed rule adoption, amendment, or repeal or a
general description of the subjects involved; [
and
]

���������
(B)
�
A
statement that a copy of the proposed rule to be adopted, the proposed rule
amendment, or the rule proposed to be repealed will be mailed to any interested
person who requests a copy, pays the required fees for the copy and the
postage, if any, together with a description of where and how the requests may
be made;

���������
(C)
�
A
statement of when, where, and during what times the proposed rule to be
adopted, the proposed rule amendment, or the rule proposed to be repealed may
be reviewed in person; and

���������
(D)
�
The
date, time, and place where the public hearing will be held and where
interested persons may be heard on the proposed rule adoption, amendment, or
repeal.

�������������
The notice shall be mailed
to all persons who have made a timely written request of the agency for advance
notice of its rulemaking proceedings, given at least once statewide for state
agencies and in the county for county agencies.
�

Proposed state agency rules shall also be posted on the Internet as
provided in section 91-2.6; and

����
(2)
�
Afford
all interested persons opportunity to submit data, views, or arguments, orally
or in writing.
�
The agency shall fully
consider all written and oral submissions respecting the proposed rule.
�
The agency may make its decision at the
public hearing or announce then the date when it intends to make its
decision.
�
Upon adoption, amendment, or
repeal of a rule, the agency, if requested to do so by an interested person,
shall issue a concise statement of the principal reasons for and against its
determination."

����
SECTION
2
.
�
Section 102-2, Hawaii Revised Statutes, is
amended by amending subsection (d) to read as follows:

����
"(d)
�

The bidding requirements and [
fifteen-year
]
twenty‑five-year

limit in subsection (a) shall not apply to any disposition or grant of rights
to anyone to place one or more names, in accordance with applicable county sign
ordinances, on a state or county building.
"

����
SECTION
3
.
�
Section 103D-412, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:

����
"
(c)
�
For the purposes of this section:

����
"Agency"
means a state agency, office, or department.

����
"Alternative
fuel" shall have the same meaning as contained in title 10 Code of Federal
Regulations part 490; provided that "alternative fuel" includes
liquid or gaseous fuels produced from renewable feedstocks, such as organic
wastes, or from water using electricity from renewable energy sources.

����
"Alternative
fuel vehicle" shall have the same meaning as contained in title 10 Code of
Federal Regulations part 490.

����
"Covered
fleet" shall have the same meaning as contained in title 10 Code of
Federal Regulations part 490
,
subpart C.

����
"Excluded
vehicles" shall have the same meaning as contained in title 10 Code of
Federal Regulations section 490.3.

����
"Fuel
cell electric vehicle" shall have the same meaning as contained in title
10 Code of Federal Regulations section 490.501.

����
"Hybrid
electric vehicle" shall have the same meaning as contained in title 40
Code of Federal Regulations section 86.1803-01.

����
"Light-duty
motor vehicle" shall have the same meaning as contained in title 10 Code
of Federal Regulations part 490.

����
"Plug-in
hybrid electric vehicle" shall have the same meaning as contained in title
40 Code of Federal Regulations [
part
]
section
86.1803‑01.

����
"Zero-emission
vehicle" shall have the same meaning as contained in title 40 Code of
Federal Regulations section [
88.102-94.
]
88.1.
"

����
SECTION
4
.
�
Section 196-9, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:

����
"(c)
�

With regard to motor vehicles and transportation fuel, each agency
shall:

����
(1)
�
Comply with title 10 Code of Federal
Regulations part 490, subpart C, "Mandatory State Fleet Program", if
applicable;

����
(2)
�
Comply
with all applicable state laws regarding vehicle purchases;

����
(3)
�
Once federal and state vehicle purchase
mandates have been satisfied, purchase the most fuel-efficient vehicles that
meet the needs of their programs; provided that the life cycle cost-benefit
analysis of vehicle purchases shall include projected fuel costs;

����
(4)
�
Purchase
alternative fuels and ethanol blended gasoline when available;

����
(5)
�
Evaluate
a purchase preference for biodiesel blends, as applicable to agencies with
diesel fuel purchases;

����
(6)
�
Promote efficient operation of
vehicles, including efficient planning of charging system locations and
efficient utilization of renewable energy for charging electric vehicles;

����
(7)
�
Use
the most appropriate minimum octane fuel; provided that vehicles shall use
87-octane fuel unless the owner's manual for the vehicle states otherwise or
the engine experiences knocking or pinging;

����
(8)
�
Beginning
with fiscal year 2005-2006 as the baseline, collect and maintain, for the life
of each vehicle acquired, the following data:

���������
(A)
�
Vehicle
acquisition cost;

���������
(B)
�
United
States Environmental Protection Agency rated fuel economy;

���������
(C)
�
Vehicle
fuel configuration, such as gasoline, diesel, flex-fuel gasoline/E85, and
dedicated propane;

���������
(D)
�
Actual
in-use vehicle mileage;

���������
(E)
�
Actual
in-use vehicle fuel consumption;

���������
(F)
�
Actual
in-use annual average vehicle fuel economy; and

���������
(G)
�
Hourly charging data by electric
vehicle and electric vehicle charging system;

����
(9)
�
Beginning
with fiscal year 2005-2006 as the baseline with respect to each agency that
operates a fleet of thirty or more vehicles, collect and maintain, in addition
to the data in paragraph (8), the following:

���������
(A)
�
Information
on the vehicles in the fleet, including vehicle year, make, model, gross
vehicle weight rating, and vehicle fuel configuration;

���������
(B)
�
Fleet
fuel usage, by fuel;

���������
(C)
�
Fleet mileage;

���������
(D)
�
Overall annual average fleet fuel
economy and average miles per gallon of gasoline and diesel; and

���������
(E)
�
Hourly charging data by electric
vehicle and electric vehicle charging system;

���
(10)
�
Adopt a preference for the rental of
electric vehicles or hybrid vehicles; provided that:

���������
(A)
�
All agencies, when renting a vehicle on
behalf of a state employee in the discharge of official government business,
shall rent a vehicle of one of the following types, listed in order of
preference:

�������������
(i)
�
Electric vehicle; or

������������
(ii)
�
Hybrid vehicle;

�������������
provided
further that the vehicle is available and suitable for the specific travel
requirements;

���������
(B)
�
The agency may rent a conventional
vehicle only if:

�������������
(i)
�
An electric vehicle or hybrid vehicle
is not suitable; or

������������
(ii)
�
N
either an electric vehicle nor a
hybrid vehicle is available;

���������
(C)
�
An agency shall exercise the policy
preference for rental of an electric vehicle or hybrid vehicle notwithstanding
the potential higher cost associated with renting an electric vehicle or hybrid
vehicle; provided that the rental rate for the electric vehicle or hybrid
vehicle is comparable to that of a conventional vehicle of similar class;
provided further that the cost premium is consistent with any budgetary
constraints and not contradicted by an existing state contract with the rental
business entity from which the vehicle is rented; and

���������
(D)
�
To the extent practicable, all agencies shall rent a vehicle pursuant to
subparagraph (A) from a rental contractor; and

[
[
]
(11)[
]
]
�
Plan and coordinate vehicle acquisition to
meet the following clean ground transportation goals:

���������
(A)
�
One hundred per cent of light-duty
motor vehicles that are passenger cars in the State's fleet shall be
zero-emission vehicles by December 31, 2030; and

���������
(B)
�
One hundred per cent of light-duty
motor vehicles in the State's fleet shall be zero-emission vehicles by December
31, 2035.

����
For
the purposes of this subsection:

����
"Light-duty
motor vehicle" shall have the same meaning as contained in title 10 Code [
[
]of[
]
]
Federal Regulations part 490.

����
"Passenger
car" shall have the same meaning as contained in title 49 Code of Federal
Regulations section 571.3.

����
"Zero-emission
vehicle" shall have the same meaning as contained in title 40 Code of
Federal Regulations section [
88.102-94.
]
88.1.
"

����
SECTION
5
.
�
Section 249-9.7, Hawaii Revised Statutes, is
amended by amending subsection (i) to read as follows:

����
"(
i)
�
For the purposes of this
section:

����
[
"Special
number plate" means a license plate that is not a uniform state number
plate, unless a different meaning appears from the context.
]

����
"Electric
vehicle" [
shall have the same meaning as the term is defined in section
196-2 and produce
]
means a vehicle:

����
(1)
�
Powered
by an electric motor via electricity:

���������
(A)
�
Stored in a high capacity battery; or

���������
(B)
�
Generated from an onboard fuel cell; and

����
(2)
�
That
produces
zero emissions.

����
"Special number plate" means a
license plate that is not a uniform state number plate, unless a different
meaning appears from the context.
"

����
SECTION
6
.
�
Section 271-27, Hawaii Revised Statutes, is
amended by amending subsection (h) to read as follows:

����
"(h)
�
Any motor carrier or lessor, or any officer,
agent, employee, or representative thereof, who fails or refuses to comply with
any provision of this chapter, or any rule, requirement, or order thereunder,
and any person located in this State, or any officer, agent, employee, or
representative of [
any
] the person, who engages the services of any
motor carrier or lessor, or any officer, agent, employee, or representative
thereof, who fails or refuses to comply with any provision of this chapter, or
any rule, requirement, or order[
,
]
thereunder,
may be assessed a
civil penalty for an amount determined by the department subject to this
section
and
payable to the State in a sum:

����
(1)
�
Up
to $1,000 for each offense;

����
(2)
�
In
the case of a continuing violation, not less than $50 and not more than $500
for each additional day during which the failure or refusal continues; and

����
(3)
�
Up
to $5,000 for each fourth or subsequent violation within one calendar year."

����
SECTION
7
.
�
Section 286-236, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�

No person shall be issued a commercial driver's license unless that
person:

����
(1)
�
Meets the qualification standards of
title 49 Code of Federal Regulations, part 391, subparts B and E;

����
(2)
�
Has passed a knowledge and driving
skills test for driving a commercial motor vehicle that complies with minimum
federal standards established by federal regulation enumerated in title 49 Code
of Federal Regulations, part 383, subparts G and H;

����
(3)
�
[
Is domiciled in the State
]
Has
Hawaii as the state of domicile
as defined in title 49 Code of Federal
Regulations[
, part
]
section
383.5; and

����
(4)
�
Has satisfied all other requirements of
the Commercial Motor Vehicle Safety Act of 1986, Public Law 99-570, title XII,
in addition to other requirements imposed by state law or federal regulation.

The tests
shall be prescribed by the director and administered by the respective county
examiner of drivers.
�
The test examiners
shall communicate with the applicant only in English during the skills test.
�
As of January 30, 2012, the examiner of
drivers shall verify that the medical certification status of a driver who
self-certified according to title 49 Code of Federal Regulations section
383.71(b)(1)(i), non-excepted interstate, is certified.
�
If a driver submits a current medical
examiner's certificate, the examiner of drivers shall date-stamp the
certificate and post all required information to the commercial driver's
license information system pursuant to title 49 Code of Federal Regulations
section 383.73(b)(5) and in accordance with title 49 Code of Federal
Regulations section 383.73(o).
�
A person
who is not physically qualified to drive under title 49 Code of Federal
Regulations section 391.41(b)(1) or (2) and who is otherwise qualified to drive
a motor vehicle may be granted an intrastate waiver by the director.
�
The process for granting intrastate waivers
shall be the same as that for interstate waivers in title 49 Code of Federal
Regulations section 391.49; provided that the intrastate waiver requests shall
be submitted to the director."

����
SECTION
8
.
�
Section 291C-6, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

����
"
(b)
�
The safe routes to school
advisory committee shall:

����
(1)
�
Develop a comprehensive, statewide safe
routes to school plan that shall include:

���������
(A)
�
Goals, strategies, and performance
metrics that ensure accountability for improving safety, active transportation
mode share, community investment in supportive programming, and infrastructure
quality, pursuant to sections 286‑7.5 and 264-142;

���������
(B)
�
Methods to ensure stability and
consistency of the safe routes to school program special fund[
, which
]
that

shall provide for infrastructure projects and continuity of existing
programmatic (non-infrastructure) work;

���������
(C)
�
Recommendations to streamline and
facilitate efforts by communities to apply for and implement projects pursuant
to sections 286-7.5, 264-142, and 291C-3; and

���������
(D)
�
Identification of, and recommendations
for, additional funding, planning, and programming that are inclusive and
equitable pursuant to sections 286-7.5 and 264-142;

����
(2)
�
Beginning July 1, 2024,
ensure
distribution of moneys accrued in the safe routes to school
program
special
fund, prioritizing continuity of existing programming;

����
(3)
�
Beginning July 1, 2024, review project
proposals and select priority projects within one mile of any school or place
of learning
,
pursuant to sections 286-7.5, 264-142, and 291C-3
,

to be funded through the safe routes to school program or otherwise be
prioritized and implemented by the department;

����
(4)
�
Submit annual reports on the activities
and recommendations of the safe routes to school program to the governor and
legislature no later than December 31 of each year; and

����
(5)
�
Meet no less than monthly."

����
SECTION
9
.
�
Section 302A-1705, Hawaii Revised Statutes,
is amended by amending subsection (b) to read as follows:

����
"
(b)
�
If public land [
set-aside
]
set aside
to a department or agency pursuant to
section 171-11[
,
] is required by the authority for purposes of this
chapter, the authority shall submit a request to the governor to withdraw the
set-aside
land
and to [
re-set-aside
]
re-set aside
the land
to the authority pursuant to section 171-11.
"

����
SECTION
10
.
�
Section 328G-4, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"
(a)
�
The department shall adopt
rules pursuant to chapter 91 that include but are not limited to:

����
(1)
�
Inspection and sampling requirements of
crude extract and manufactured hemp products;

����
(2)
�
Establishing maximum allowable
concentrations of cannabinoids in crude extract and manufactured hemp products;

����
(3)
�
Testing protocols, including certification
by state laboratories or independent third-party laboratories, to determine
cannabinoid concentration, including but not limited to tetrahydrocannabinol,
and screening for contaminants of crude extract and manufactured hemp products;

����
(4)
�
[
Recording-keeping
]
Recordkeeping

requirements;

�

[
[
](
5)[
]
]
�
Assessment
of fees for application, renewal application, inspecting,
and
sampling,
and
any
other fees as deemed necessary;

�

[
[
]
(6)[
]
]
�
Penalties
for any violation;

�

[
[
]
(7)[
]
]
�

At the discretion[
,
]
of
and as specified by the
department, the addition to the types of manufactured hemp products that may be
sold pursuant to section 328G-3;

�

[
[
]
(8)[
]
]
�

Good manufacturing practices for hemp processors; and

�

[
[
]
(9)[
]
]
�

Any other rules and procedures necessary to carry out this
chapter."

����
SECTION
11
.
�
Section 342D-53, Hawaii Revised Statutes, is
amended by amending subsection (f) to read as follows:

����
"
(f)
�
As used in this section,
"certifying
agency" has the same meaning as "certifying authority" as
defined in title 40 Code of Federal Regulations section [
121.1(e).
]
121.1(b).
"

����
SECTION
12
.
�
Section 346-435, Hawaii Revised Statutes, is
amended by amending subsections (c) and (d) to read as follows:

����
"(c)
�

The wellness and [
resiliency
]
resilience
advisory board
shall advise on wellness and resilience through trauma‑informed care in
the State.
�
Specifically, the advisory
board shall:

����
(1)
�
Create, develop, and adopt a statewide
framework for trauma-informed and responsive practice.
�
The framework shall include:

���������
(A)
�
A clear definition of "trauma-informed
and responsive practice";

���������
(B)
�
Principles of trauma-informed and
responsive care that may apply to any school, health care provider, law
enforcement agency, community organization, state agency, or other entity that
has contact with children or youth;

���������
(C)
�
Clear examples of how individuals and
institutions may implement trauma-informed and responsive practices across
different domains, including organizational leadership, workforce
development, policy and decision-making, and evaluation;

���������
(D)
�
Strategies
for preventing and addressing secondary traumatic stress for all professionals
and providers working with children and youth and their families who have
experienced trauma;

���������
(E)
�
Recommendations
to implement trauma-informed care professional development and strategy
requirements in county and state contracts; and

���������
(F)
�
An
implementation and sustainability plan, consisting of an evaluation plan with
suggested metrics for assessing ongoing progress of the framework;

����
(2)
�
Identify
best practices, including those from Native Hawaiian cultural practices, with
respect to children and youth who have experienced or are at risk of
experiencing trauma, and their families;

����
(3)
�
Provide
a trauma-informed care inventory and assessment of public and private agencies
and departments;

����
(4)
�
Identify various cultural practices
that build wellness and resilience in communities;

����
(5)
�
Convene trauma-informed care
practitioners so that they may share research and strategies in helping
communities build wellness and resilience;

����
(6)
�
Seek ways in which federal funding may
be used to better coordinate and improve the response to families impacted by
coronavirus disease 2019 (COVID-19), substance use disorders, domestic
violence, poverty, and other forms of trauma; and m
ake
recommendations, as necessary, for a government position to communicate with
federal agencies to seek and leverage federal funding with county and state
agencies and philanthropical organizations; and

����
(7)
�
Coordinate data collection and funding streams
to support the efforts of the board."

����
(d)
�
The nongovernmental members of
the
wellness and [
resiliency
]
resilience
advisory board
shall serve without compensation but shall be
reimbursed for expenses, including travel expenses, necessary for the
performance of their duties.
"

����
SECTION
13
.
�
Section 412:1-109, Hawaii Revised Statutes,
is amended as follows:

����
1.
�

By amending the definition of "appropriate federal regulatory
agency" to read:

����
""Appropriate
federal regulatory agency" means, with respect to a financial institution
or financial institution holding company, any one or more regulatory agencies
of the federal government referred to in the following sentence [
which
]
that

either
:

����
(1)
�
[
insures
]

Insures
the deposits of the financial institution or financial
institution holding company[
,
]
;
or

����
(2)
�
[
has
]

Has
the power and duty to conduct periodic general examinations of the
affairs of the financial institution or financial institution holding company
by virtue of the legal characterization of the financial institution or
financial institution holding company under federal law, and not by virtue of
the fact of affiliation of the financial institution or financial institution
holding company with any other person or an alleged violation of a specific
law.

Subject to
the preceding sentence, an appropriate federal regulatory agency may include
the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the
Federal Reserve Board, the National Credit Union Administration, the Consumer
Financial Protection Bureau, or any regulatory agency of the federal government
[
which
]
that
shall succeed to the insurance or supervisory duties
of one of the foregoing."

����
2.
�

By amending the definition of "control" to read:

����
""Control" means, unless the
context clearly requires otherwise, directly or indirectly, solely or through
another person or transaction, or in concert with another:

����
(1)
�
Owning
or having the power to vote twenty-five per cent or more of any class of voting
securities;

����
(2)
�
Owning
or having the power to exercise twenty-five per cent or more of the votes of a
mutual association, credit union, or other entity whose voting rights are not
determined by voting securities;

����
(3)
�
Owning
or having the power to vote ten per cent or more of any class of voting
securities if:

���������
(A)
�
[
the
]

The
issuer of that class of securities has issued any class of
securities under section 12 of the Securities Exchange Act of 1934, as amended;
or

���������
(B)
�
[
immediately
]

Immediately
after the acquisition, no other person will own a greater
percentage of that class of voting securities;

����
(4)
�
Having
the power to elect by any means a majority of the directors; or

����
(5)
�
Having
the power to exercise a dominant influence over management, if so determined by
the commissioner after notice and a hearing.

����
No depository institution or trust company
shall be deemed to own or control a company by virtue of its ownership or
control of shares in a fiduciary capacity, unless that depository institution
or trust company has sole voting power over a sufficient number of voting
securities of the company to constitute control hereunder."

����
3.
�

By amending the definition of "director" to read:

����
""Director" means any member
of the board of directors of a financial institution, whether or not receiving
compensation.
�
An advisory director is
not considered a director if the advisory director
:

����
(1)
�
[
is
]

Is
not elected by the shareholders of the financial institution[
,
]
;

����
(2)
�
[
is
]

Is
not authorized to vote on matters before the board of directors[
,
]
;

and

����
(3)
�
[
provides
]

Provides
solely general policy advice to the board of directors."

����
4.
�

By amending the definition of "financial institution
subsidiary" to read:

����
""Financial institution
subsidiary" means:

����
(1)
�
[
a
]

A
financial institution that is controlled by a financial institution
holding company[
,
]
;
or

����
(2)
�
[
a
]

A
financial institution holding company that is controlled by another
holding company."

����
5.
�

By amending the definition of "in concert with another" to
read:

����
""In concert with another"
means
:

����
(1)
�
[
knowing
]

Knowing
participation in a joint activity or interdependent conscious
parallel action towards a common goal whether or not pursuant to an express
agreement; or

����
(2)
�
[
a
]

A
combination or pooling of voting or other interests in the securities
of an issuer for a common purpose pursuant to any contract, understanding,
relationship, agreement, or other arrangement, whether written or otherwise."

����
6.
�

By amending the definition of "related interest" to read:

����
""Related interest" means
:

����
(1)
�
[
a
]

A
company that is controlled by a person
;
or

����
(2)
�
[
a
]

A
political or campaign committee that is controlled by a person or the
funds or services of which will benefit a person."

����
7.
�

By amending the definition of "surplus" to read:

����
""Surplus" means an amount
received by a financial institution for its capital stock, membership shares,
or share accounts, as the case may be:

����
(1)
�
[
in
]

In
excess of the par value of any shares having par value; or

����
(2)
�
[
in
]

In
excess of the amount allocated to shares without par value,
membership shares
,
or share accounts.

"Surplus"
also means an amount transferred or allocated to the financial institution's
surplus from retained earnings, and[
,
] unless the context otherwise
clearly requires, "surplus" includes retained earnings, whether or
not transferred or allocated to surplus."

����
SECTION
14
.
�
Section 431:10C-802, Hawaii Revised Statutes,
is amended by amending subsection (a) to read as follows:

����
"
(a)
�
A peer-to-peer car-sharing program shall
ensure that
,
during each car-sharing period, the shared car is insured
under a motor vehicle insurance policy that provides:

����
(1)
�
Primary insurance coverage for each shared car
available and used through a peer-to-peer car‑sharing program in amounts
no less than four times the amounts set forth in section 431:10C‑301(b)
for death, bodily injury, and property damage per accident, and costs of
defense outside the limits;

����
(2)
�
Primary insurance coverage for each shared car
available and used through a peer-to-peer car‑sharing program for
personal injury protection coverage that meets the minimum coverage amounts
required by section 431:10C-103.5; and

����
(3)
�
The following optional coverages, which any
named insured may elect to reject or purchase, that [
provides
]
provide

primary coverage for each shared car available and used through a peer-to-peer
car‑sharing program:

��������
(A)
�
Uninsured and underinsured motorist coverages
,

as provided in section 431:10C-301, [
which
]
that
shall be equal
to the primary liability limits specified in this section; provided that
uninsured and underinsured motorist coverage offers shall provide for written
rejection of the coverages as provided in section 431:10C‑301;

��������
(B)
�
Uninsured and underinsured motorist coverage
stacking options as provided in section 431:10C-301; provided that the offer of
the stacking options shall provide for written rejection as provided in section
431:10C-301;

��������
(C)
�
An offer of required optional additional
insurance coverages as provided in section 431:10C-302; and

��������
(D)
�
In the event the only named insured under the
motor vehicle insurance policy issued pursuant to this section is the
peer-to-peer car-sharing program, the insurer or the peer-to-peer car‑sharing
program shall:

�������������
(i)
�
Disclose the coverages in writing to the
shared car driver;

������������
(ii)
�
Disclose to the shared car driver in writing
that all optional coverages available may not have been purchased under
sections 431:10C-301 and 431:10C‑302; and

�����������
(iii)
�
Obtain a written acknowledgement from the
shared car driver of receipt of the written disclosures required in [
paragraphs
(1)
]
clauses (i)
and [
(2).
]
(ii).

�������������
The
standard disclosure forms used in [
paragraphs (1)
]
clauses (i)

and [
(2),
]
(ii),
and every modification of forms intended to be
used, shall be filed with the commissioner within fifteen days of providing the
disclosure to the shared car driver.
�
The
insurer or the peer-to-peer car-sharing program shall also send to the shared
car driver every modified disclosure form within fifteen days of the filing of
the modified disclosure form and comply with [
paragraph (3).
]
clause
(iii).
�
The disclosures and acknowledgement
may be sent and received by electronic means.
"

����
SECTION
15
.
�
Section 466M-1, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�
466M-1
�
Findings
and purpose.
�
The legislature finds
that the regulation of appraisal management companies is essential to protect
consumers.
�
The legislature further finds
that it is necessary to establish a regulatory framework for appraisal
management companies in the State in conformity with the requirements of the
Dodd-Frank
Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203,
and
the final regulations published on June 9, 2015, at title 12 Code of Federal
Regulations[
,
] sections 1222.20[
,
] et seq., 80 Federal Register [
32657
]

32687
et seq.
�
The purpose of this
chapter is to establish minimum requirements for the regulation of certain non-federally
regulated appraisal management companies."

����
SECTION
16
.
�
Section 657-1.8, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�

Notwithstanding any law to the contrary, no action for recovery of
damages based on physical, psychological, or other injury or condition suffered
by a victim when the victim was a minor, arising from the sexual abuse of the
victim by any person when the victim was a minor, shall be commenced against
the person who committed the act of sexual abuse more than:

����
(1)
�
For sexual abuse committed before July
1, 2024:

����
�
[
[
](A)
�
Eight
years after the eighteenth birthday of the victim; or[
]
]

���������
(B)
�
Three years after the date the victim
discovers or reasonably should have discovered that psychological injury or
illness occurring after the victim's eighteenth birthday was caused by the
sexual abuse,

���������
whichever
occurs later; or

����
(2)
�
For sexual abuse committed on or after
July 1, 2024:

���������
(A)
�
Thirty-two years after the eighteenth
birthday of the victim; or

���������
(B)
�
Five years after the date the victim
discovers or reasonably should have discovered that psychological injury or
illness occurring after the victim's eighteenth birthday was caused by the
sexual abuse,

���������
whichever
occurs later.

����
A
civil cause of action for the sexual abuse of a victim when the victim was a
minor shall be based upon sexual acts that constituted or would have
constituted a criminal offense under part V or VI of chapter 707."

����
SECTION 17.
�
Section 711-1141, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�
711-1141
�
Designation as dangerous dog; basis.
�
[
(a)
]
(1)
�
An officer may find and declare a dog to be a
dangerous dog if the officer has probable cause to believe that the dog falls
within the definition of "dangerous dog".
�
The declaration shall be based upon:

���
[
(1)
]

(a)
�
The written complaint of a person who is
willing to testify that the dog has acted in a manner that causes it to fall
within the definition of "dangerous dog";

���
[
(2)
]

(b)
�
Actions of the dog witnessed by an officer;
or

���
[
(3)
]

(c)
�
Other substantial evidence admissible in
court.

���
[
(b)
]

(2)
�
The declaration in subsection [
(a)
]
(1)

shall be in writing and shall be served by the officer upon the owner of the
dangerous dog, if known, using one of the following methods:

���
[
(1)
]

(a)
�
Certified mail to the owner's last known
address; or

���
[
(2)
]

(b)
�
Personally.

���
[
(c)
]

(3)
�
The owner of a dog declared to be a dangerous
dog may initiate a contested case with the declarant officer's department or
agency within thirty days following the service date of the declaration."

����
SECTION
18.
�
Section 711-1142, Hawaii Revised
Statutes, is amended to read as follows:

����
"
�
711-1142
�
Legal requirements of owner.
�
[
(a)
]
(1)
�
The owner of a dog declared to be a dangerous
dog shall:

���
[
(1)
]

(a)
�
Provide the owner's name, address, and
telephone number to the animal control authority;

���
[
(2)
]

(b)
�
Provide the location [
at which
]
where

the dangerous dog is currently kept, if the location is not the owner's
address, to the animal control authority;

���
[
(3)
]

(c)
�
Promptly notify the animal control authority
of:

��������
[
(A)
]
�
(i)
�

Any changes in the ownership of the dangerous dog or the location of the
dangerous dog, along with the names, addresses, and telephone numbers of the
new owners or the new address [
at which
]
where
the dangerous dog
is located;

��������
[
(B)
]
�
(ii)
�

Any further instances of an attack by the dangerous dog upon a person or
an animal;

��������
[
(C)
]
�
(iii)
�

Any current or future claims made or legal actions brought as a result
of an attack by the dangerous dog upon a person or an animal; or

��������
[
(D)
]

(iv)
�
The death of the dangerous
dog;

���
[
(4)
]

(d)
�
Have a microchip implanted in the dangerous
dog, register the owner's microchip information pursuant to section 143-2.2,
and provide the microchip identification number of the dangerous dog to the
animal control authority;

���
[
(5)
]

(e)
�
Ensure that the dangerous dog is under the
control of a person who is at least eighteen years of age, when the dangerous
dog is indoors at the owner's premises;

���
[
(6)
]

(f)
�
Ensure that when the dangerous dog is
outdoors on the owner's premises and unattended, the dangerous dog is confined
to an escape-proof kennel that remains locked;

���
[
(7)
]

(g)
�
Ensure that when the dangerous dog is
outdoors on the owner's premises and attended, the dangerous dog is:

��������
[
(A)
]
�
(i)
�

Kept on a fixed and secure leash no longer than four feet in length;

��������
[
(B)
]
�
(ii)
�

Under the control of a person at least eighteen years of age; and

��������
[
(C)
]
�
(iii)
�

Kept within a fenced or walled area [
from which
]
where
it
cannot escape;

���
[
(8)
]

(h)
�
Ensure that when the dangerous dog is
outdoors outside the owner's premises, the dangerous dog is:

��������
[
(A)
]
�
(i)
�

Kept on a fixed and secure leash no longer than four feet in length;

��������
[
(B)
]
�
(ii)
�

Under the control of a person who is at least eighteen years of age; and

��������
[
(C)
]
�
(iii)
�

Muzzled with a properly fitted, basket muzzle that prevents the
dangerous dog from biting any person or animal but does not cause injury to the
dangerous dog or interfere with its vision or respiration;

���
[
(9)
]

(i)
�
Place on the owner's premises a sign or signs
provided by the animal control authority informing the public of the presence
and dangerousness of the dangerous dog; and

���
[
(10)
]

(j)
�
Neuter or spay the
dangerous dog at the owner's expense, unless neutering or spaying the dangerous
dog is medically contraindicated.

���
[
(b)
]
(2)
�
The owner of a dangerous dog who keeps the
dangerous dog in a manner found to be in violation of this section commits the
offense of negligent failure to control a dangerous dog and the dangerous dog
shall be subject to seizure and impoundment pursuant to this part if the owner
is unable to immediately secure the dangerous dog."

����
SECTION
19.
�
Section 711-1143, Hawaii Revised
Statutes, is amended to read as follows:

����
"
�
711-1143
�
Rescission of declaration.
�
[
(a)
]
(1)
�
The owner of a dangerous dog may apply to the
animal control authority to have the declaration rescinded after three years if
all of the following requirements have been met:

���
[
(1)
]

(a)
�
The owner and dangerous dog have had no
subsequent violations of this part;

���
[
(2)
]

(b)
�
The owner has complied with all provisions of
this part for a period of three years; and

���
[
(3)
]

(c)
�
The owner provides proof to the animal
control authority of the dangerous dog's successful completion of a behavior
modification or management program administered by an animal trainer or
behaviorist who is certified by a nationally recognized organization.

����
[
(b)
]

(2)
�
If the animal control
authority finds that the owner and dangerous dog have complied with all of the
requirements of this section and the owner has provided sufficient evidence
that the dog is no longer dangerous, the animal control authority shall rescind
the declaration."

����
SECTION
20.
�
Section 711-1144, Hawaii Revised
Statutes, is amended to read as follows:

����
"
�
711-1144
�
Negligent failure to control a dangerous
dog; penalties.
�
[
(a)
]
(1)
�
The owner of a dangerous dog commits the
offense of negligent failure to control a dangerous dog if:

���
[
(1)
]

(a)
�
A bite injury occurs due to the failure of
the owner of a dangerous dog to comply with the requirements of this part; or

���
[
(2)
]

(b)
�
The owner of a dangerous dog negligently
fails to take reasonable measures to prevent the dangerous dog from causing a
bite injury, without provocation, to a person or another animal and the attack
results in:

��������
[
(A)
]
�
(i)
�

The serious injury to any animal or maiming or death of another animal;

��������
[
(B)
]
�
(ii)
�

Bodily injury to a person other than the owner; or

��������
[
(C)
]
�
(iii)
�

Substantial bodily injury to, serious bodily injury to, or the death of,
a person other than the owner.

����
[
(b)
]

(2)
�
An offense under subsection [
(a)(1),
(a)(2)(A),
]
(1)(a), (1)(b)(i),
or [
(a)(2)(B)
]
(1)(b)(ii)

shall be a misdemeanor for which the owner of the dangerous dog shall be
sentenced to:

���
[
(1)
]

(a)
�
A fine of no less than $1,000 but no more
than $2,000;

���
[
(2)
]

(b)
�
A term of imprisonment of up to six months or
a period of probation of no more than one year;

���
[
(3)
]

(c)
�
The payment of restitution to any person who
has suffered bodily injury or property damage as a result of an attack by the
dangerous dog if the person suffers financial losses or medical expenses due to
the attack.
�
As used in this paragraph,
"medical expenses" may include the costs of necessary counseling or
rehabilitative services; and

���
[
(4)
]

(d)
�
The payment of all expenses for the boarding
and retention of the dangerous dog if the dog is seized and impounded pursuant
to this part;

provided that no sentence under this
subsection shall be suspended.

����
[
(c)
]

(3)
�
Unless the dangerous dog has
been or is ordered to be euthanized, an owner who has negligently failed to
control a dangerous dog shall also be required to:

���
[
(1)
]

(a)
�
Meet all conditions imposed on the owner of a
dangerous dog pursuant to this part;

���
[
(2)
]

(b)
�
Obtain liability insurance or post bond of no
less than $50,000, or in a higher amount, if the court finds that a higher
amount is appropriate to cover medical or veterinary costs, or both, resulting
from potential future actions of the dangerous dog; and

���
[
(3)
]

(c)
�
Follow any other condition that the court
deems necessary to restrain or control the dangerous dog.

����
[
(d)
]

(4)
�
An offense under subsection [
(a)(2)(C)
]

(1)(b)(iii)
shall be a class C felony for which the owner of a dangerous
dog shall be sentenced to:

���
[
(1)
]

(a)
�
A fine of no less than $1,000 but no more
than $10,000;

���
[
(2)
]

(b)
�
A term of imprisonment of no less than one
year but no more than five years, pursuant to chapter 706; and

���
[
(3)
]

(c)
�
The euthanasia of the dangerous dog;

provided that no sentence under this
subsection shall be suspended."

����
SECTION 21.
�

Section 711-1145, Hawaii Revised Statutes, is amended to read as
follows:

����
"
�
711-1145
�
Impoundment of a dangerous dog.
�
[
(a)
]
(1)
�
If there is probable cause to believe that
the dangerous dog poses an imminent threat to a person or another animal, or if
there is probable cause to believe that there is a violation of section
711-1142 or 711-1144, a law enforcement officer, after obtaining a search
warrant, or in any other manner authorized by law, may enter the premises where
the dangerous dog is located to seize and impound the dog.
�
If, after reasonable effort, the owner or
person having custody of the dangerous dog cannot be found and notified of the
impoundment, an impoundment notice shall be conspicuously posted on the
premises and, within seventy-two hours after posting, the notice shall be sent
by certified mail to the address, if any, from which the dangerous dog was
removed.

����
A
law enforcement officer shall not be liable for any damage resulting from an
entry under this subsection, unless the damage was caused by acts beyond the
scope of the officer's authority or the officer's negligence, gross negligence,
or intentional misconduct.

���
[
(b)
]

(2)
�
The owner of a dangerous dog that has been
impounded under this section may decline to surrender ownership of the
dangerous dog to the animal control authority by paying to the animal control
authority impoundment, care, and provision costs in an amount determined by the
animal control authority to be sufficient to provide for the dangerous dog's
care by the animal control authority for at least thirty days, including the
day on which the animal was taken into custody.

���
[
(c)
]

(3)
�
If the owner of a dangerous dog that has been
impounded under this section cannot be located within five days after the
dangerous dog is impounded, ownership of the dangerous dog shall be deemed
relinquished.

���
[
(d)
]

(4)
�
At the request of the dangerous dog's owner,
impoundment under this section may occur at the premises of a licensed
veterinarian or a commercial kennel of the dangerous dog owner's choosing;
provided that:

���
[
(1)
]

(a)
�
The owner shall secure the private boarding
placement for the dangerous dog within five days after the dangerous dog has
been impounded by the animal control authority; and

���
[
(2)
]

(b)
�
All expenses for the dangerous dog's boarding
and care shall be borne by the dangerous dog's owner.

����
[
(e)
]

(5)
�
If the owner of the dangerous
dog does not arrange for private boarding placement, the following requirements
shall apply:

���
[
(1)
]

(a)
�
The owner of the dangerous dog shall pay the
animal control authority within five days after the dangerous dog is impounded;
and

���
[
(2)
]

(b)
�
At the end of the time for which expenses are
covered by an initial or any subsequent impoundment, care, and provision
payment:

��������
[
(A)
]
�
(i)
�

If the owner of the dangerous dog declines to surrender ownership of the
dangerous dog to the animal control authority, the owner shall make an
additional payment to the animal control authority at least five days before
the expiration of the previous payment; or

��������
[
(B)
]
�
(ii)
�

If the owner of the dangerous dog has not made an additional payment in
a timely manner to the animal control authority for impoundment, care, and
provision costs for the dangerous dog, ownership of the dangerous dog shall be
deemed relinquished.

����
[
(f)
]

(6)
�
If the owner of a dangerous
dog fails to pay impoundment, care, and provision costs for the dangerous dog
pursuant to this section, the owner may forfeit the owner's right to contest
those costs and any ownership rights to the dangerous dog.

����
[
(g)
]

(7)
�
Any dangerous dog that is
unclaimed by its owner, within five days after the owner has been notified that
the dangerous dog is eligible for release from impoundment, shall be deemed
abandoned, and ownership of the dangerous dog shall be deemed relinquished.

����
[
(h)
]

(8)
�
If an animal control
authority that is impounding a dangerous dog pursuant to this section
determines that the dangerous dog is too dangerous for its staff to safely
provide basic care, the dangerous dog may be euthanized by the animal control
authority.

����
[
(i)
]

(9)
�
If a licensed veterinarian
determines that an impounded dangerous dog is:

���
[
(1)
]

(a)
�
Experiencing extreme pain or suffering;

���
[
(2)
]

(b)
�
Severely injured past recovery;

���
[
(3)
]

(c)
�
Severely disabled past recovery; or

���
[
(4)
]

(d)
�
Severely diseased past recovery,

the dangerous dog may be euthanized by the
animal control authority.

����
[
(j)
]

(10)
�
The owner of a dangerous dog
shall not sell or transfer the ownership or physical custody of the dangerous
dog before the time period stated in the court summons, and the citation shall
notify the owner of this prohibition; provided that this prohibition shall not
apply when the owner transfers ownership of the dangerous dog to an animal
control authority.

����
[
(k)
]

(11)
�
Any person who refuses to
surrender a dangerous dog that is subject to relinquishment pursuant to this
section shall be guilty of a petty misdemeanor.

����
If
the owner of a dangerous dog that is seized and impounded pursuant to this
section fails to appear in court as required, ownership of the dangerous dog
shall be deemed relinquished, and the court may order disposition of the
dangerous dog as it deems appropriate.

����
[
(l)
]

(12)
�
Notwithstanding any
relinquishment of ownership of the dangerous dog, the owner shall remain
responsible for all expenses incurred in boarding, caring for, and providing
for the dangerous dog and any fees and penalties that may be imposed by the
court.
"

����
SECTION
22
.
�
Section 835-3, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

����
"(b)
�

If the court is satisfied that the application is well-founded, the
prospective witness may be compelled to appear in response thereto as follows:

(1)
�
The court may issue an order directing the
prospective witness to appear therein at a designated time in order that a
determination may be made whether the prospective witness should be adjudged a
material witness and, upon personal service of the order or a copy thereof
within the State, the prospective witness shall so appear; and

(2)
�
If in addition to the allegations specified in
section 835-2(a), the application contains further allegations demonstrating to
the satisfaction of the court reasonable cause to believe that:

����
����
(A)
�
The witness would be unlikely to respond to [
such
an
]
the
order; or

����
����
(B)
�
After previously having been served with [
such
an
]
the
order, the witness did not respond thereto,

���������
the court may issue a warrant
addressed to a police officer, directing the officer to take the prospective
witness into custody within the State and to bring the prospective witness
before the court forthwith in order that a proceeding may be conducted to
determine whether the prospective witness is to be adjudged a material witness."

����
SECTION 23.
�

Act 234, Session Laws of Hawaii 2024, is amended by amending section 4
to read as follows:

����
"SECTION 4.
�
This Act shall take effect on July 1, 2024,
and shall be repealed on June 30, 2029; provided that [
any
]
:

����
(1)
�
Sections
89-9(f) and 89-11(b), Hawaii Revised Statutes, shall be reenacted in the form
in which they read on the day prior to the effective date of this Act; and

����
(2)
�
Any

negotiations on repricing pursuant to this Act that started prior to June 30,
2029, may continue after this Act is repealed."

����
SECTION 24.
�

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

����
SECTION 25.
�

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

����
SECTION 26.
�

This Act shall take effect upon its approval; provided that:

����
(1)
�
The
amendments made to section 431:10C-802(a), Hawaii Revised Statutes, by section
14 of this Act shall not be repealed when amendments to that section take
effect on January 1, 2026, pursuant to sections 4 and 7 of Act 138,
Session Laws of Hawaii 2024; and

����
(2)
�
Sections
17, 18, and 19 of this Act shall take effect when sections 711-1141, 711-1142,
and 711-1143, Hawaii Revised Statutes, take effect pursuant to section 6 of Act
224, Session Laws of Hawaii 2024.

INTRODUCED BY:

_____________________________

Report Title:

Revision
Bill

Description:

Amends or
repeals various provisions of the Hawaii Revised Statutes or the Session Laws
of Hawaii for the purposes of correcting errors and references, clarifying
language, or deleting obsolete or unnecessary provisions.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.