HomeMy WebLinkAboutResolution No. 2025-40COUNTY COUNCIL
COUNTY OF KAUA'I
l\esolutton No. 2025-40
RESOLUTION APPROVING PROPOSALS FOR INCLUSION
IN THE 2026 HAWAI'I STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE
WHEREAS, legislative proposals and priorities have been submitted by
member counties of the Hawai'i State Association of Counties (HSAC) for
consideration by the County Councils for inclusion in the 2026 HSAC Legislative
Package; and
WHEREAS, at its meeting on October 30, 2025, the HSAC Executive
Committee approved for inclusion in the 2026 HSAC Legislative Package
the following:
1. Relating to Emergency Medical Services and Opioid Use Disorder
Treatment.
Establishes a pilot program authorizing paramedics, under Department
of Health (DOH) -approved protocols, to administer buprenorphine
following naloxone in cases of opioid overdose. Requires the department
to verify treatment centers capable of same-or next-day follow-up care,
providing training, implement a phased rollout, and submit a report
evaluating program outcomes. (HSAC)
2. Relating to Housing; Mixed Use Development.
Repeals the sunset provision in Act 45, SLH 2024, related to the
counties' authorization to develop, construct, finance, refinance, or
otherwise provide mixed-use developments. (HSAC)
3. Relating to Cesspools.
Provides temporary income tax credit for the cost of upgrading or
converting a cesspool to a septic system or an aerobic treatment unit
system, or connecting to a sewer system. Permits DOH, as a pilot
program, to certify no more than two residential large capacity
cesspools. Effective 7/1/2027. Sunsets 12/31/2032. (HSAC)
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4. Relating to DOE Recreational Facilities.
Requesting the Department of Education to make available recreational
facilities to the public during non-peak hours and non-school days.
Pursuant to Chapter 39, Hawai'i Administrative Rules, Hawai'i's public
school facilities are required to be available for public use as long as the
requested activities do not interfere with normal school operations.
(HSAC)
5. Relating to The Psychology Interjurisdictional Compact.
Supports include a proposed state bill in the Hawai'i State Association
of Counties (HSAC) 2026 Legislative Package to establish the Psychology
Interjurisdictional Compact (PSYP ACT) in Hawai 'i law. The resolution
endorses creating a legal framework that allows .licensed psychologists
from participating states to practice telepsychology (remote practice) and
provide temporary in-person services across state lines. By supporting
this compact, Maui County aims to expand access to mental health care,
reduce workforce shortages, and improve service delivery, particularly in
rural and underserved communities throughout Hawai'i. (County of
Maui)
6. Relating to Tobacco Products.
Repeal existing law that provides that all local ordinances or regulations
of the sale of cigarettes, tobacco products, and electronic smoking
devices are preempted; and that existing local laws and regulations
conflicting with the State law on smoking are null and void. Clarify that
counties retain authority to adopt ordinances that regulate the sale of
cigarettes, tobacco products, and electronic smoking devices, as long as
the ordinances do not conflict with or are more stringent than the State
law on smoking. (City and County of Honolulu; HSAC)
7. Relating to Housing; Repeals Amendments to Section 201H-38.
Repeals all substantive amendments to Section 201H-38, Hawai'i
Revised Statutes, that were enacted by Act 294, Session Laws of
Hawai'i, including provisions that require the Hawaii Housing and
Finance and Development Corporation to provide counties with an
opportunity to comment on certain housing development projects, and
prohibit county legislative bodies from imposing stricter conditions than
the Hawai'i Housing Finance and Development Corporation, stricter
area median income requirements, or a reduction in fee waivers to
housing development proposals that would increase the cost of the
project. (City and County of Honolulu)
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8. Relating to Family.
Establishes an exemption from mediation in paternity proceedings
where there are allegations of domestic abuse. Clarifies the exemption
from medication in divorce proceedings as it relates to domestic abuse.
(City and County of Honolulu)
9. Relating to Firearms.
Appropriates funds to the Department of Law Enforcement for the
establishment and implementation of a State Gun Buyback Program.
Takes effect 7/1/2026. (City and County of Honolulu)
10. Relating to Gun Violence Prevention.
Appropriates funds to the Judiciary for the enforcement of gun violence
protective orders. Appropriates funds to the Department of Law
Enforcement to conduct public awareness campaigns on gun violence
protective orders. Takes effect 7/1/2026. (City and County of Honolulu)
11. Relating to Water Pollution.
Appropriates funds to the Department of Health to further capitalize the
Water Pollution Control Revolving Fund for purposes of providing
additional low interest loans to eligible projects. TakP,s effect 7/1/2026.
(City and County of Honolulu)
12. Relating to General Excise Tax.
Authorizes each county that has established a surcharge on state tax
before 7/1/2015 to extend the surcharge until 12/31/2045 at the same
rates, if the county does so before 1/1/2028; provides that no county
surcharge on state tax before 7/1/2015 shall be levied before 1/1/2019, or
after 12/31/2045; and repeals certain conditions on the use of surcharges
received from the State for counties having a population equal to or less
than 500,000 that adopt a county surcharge on state tax. (County of
Hawai'i)
13. Relating to The Conveyance Tax.
Established the Homeless Services Special Fund. Allows counties to
apply for matching funds from the Affordable Homeownership
Revolving Fund for certain housing projects. Increases the conveyance
tax rates for certain properties, establishes conveyance tax rates for
certain and multifamily residential properties, and establishes new
exemptions to the conveyance tax. This bill allocates collected
conveyance taxes to the Affordable Homeownership Revolving Fund,
Homeless Service Fund, and Dwelling Unit Revolving Fund; and
amends allocations to the Land Conservation Fund and Rental Housing
Revolving Fund. (County of Hawai'i)
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14. Relating to Housing; Housing for State or County Employees.
This bill requires the Hawai'i Housing Finance and Development
Corporation (HHFDC) to consider the proximity between the housing
location and the applicant's place of employment; whether the applicant
is a state or county employee; and whether the applicant is a returning
resident within the past two years. This bill requires for any 'project
developed or administered by the HHFDC, to set aside -a percent of
available units for state or county employees, when feasible. Authorizes
HHFDC to adopt rules to establish additional eligibility criteria.
(County of Hawai'i)
Legislative Priorities:
Proposed by HSAC:
1. Legislation related to road usage charge on electric vehicles; and
2. Legislation related to opioid use.
Proposed by the County of Hawai'i:
1. Legislation related to increasing funds for emergency preparedness,
evacuation routes, notification systems, and community-level emergency
planning;
2. Legislation related to workforce development, particularly for green jobs,
food systems specialists and county government positions;
3. Legislation related to water viability and usage, and watershed monitoring
and stewardship;
4. Legislation related to responsible game management of wild ungulates;
5. Legislation related to promoting producer responsibility for solid waste;
6. Legislation related to wastewater infrastructure, cesspool conversion and
related financing; and
7. Legislation related to prioritizing and increasing means and infrastructure
for multi-modal transportation and funding for safe routes to school.
WHEREAS, HSAC Bylaws require that all four (4) Counties approve each
proposal and priority for inclusion in the HSAC Legislative Package; now, therefore,
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BE IT FURTHER RESOLVED, that a certified copy of this Resolution be
transmitted to the HSAC Executive Committee.
Introduced by:
BERNARD P. CARVALHO, JR.
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BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I,
STATE OF HAWAI'I, that it hereby approves the following proposals and priorities
which are attached hereto for inclusion in the 2026 HSAC Legislative Package:
1. Relating to Emergency Medical Services and Opioid Use Disorder
Treatment
2. Relating to Housing; Mixed Use Development
3. Relating to Cesspools
4. Relating to DOE Recreational Facilities
5. Relating to The Psychology Interjurisdictional Compact
6. Relating to Tobacco Products
7. Relating to Housing; Repeals Amendments to Section 201H-38
8. Relating to Family
9. Relating to Firearms
10. Relating to Gun Violence Prevention
11. Relating to Water Pollution
12. Relating to General Excise Tax
13. Relating to The Conveyance Tax
14. Relating to Housing; Housing for State or County Employees
Legislative Priorities:
1. Legislation related to road usage charge on electric vehicles.
2. LP,gislation related to opioid use.
3. Legislation related to increasing funds for emergency preparedness,
evacuation routes, notification systems, and community-level emergency
planning.
4. Legislation related to workforce development, particularly for green jobs,
food systems specialists and county government positions.
5. Legislation related to water viability and usage, and watershed monitoring
and stewardship.
6. Legislation related to responsible game management of wild ungulates.
7. Legislation related to promoting producer responsibility for solid waste.
8. Legislation related to wastewater infrastructure, cesspool conversion and
related financing.
9. Legislation related to prioritizing and increasing means and infrastructure
for multi-modal transportation and funding for safe routes to school.
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.B. NO.
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO EMERGENCY MEDICAL SERVICES AND OPIOID USE DISORDER
TREATMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawai'i continues to
face a growing opioid crisis, with rising rates of overdose and
opioid-related emergency department visits. Paramedics are often
the first health care providers to encounter these patients,
providing a critical opportunity to connect them to
evidence-based treatment.
The legislature further finds that national data-including a
2023 study published in the Annals of Emergency
Medicin~demonstrates that the administration of buprenorphine
by trained emergency medical services (EMS) personnel following
naloxone can significantly reduce withdrawal symptoms and
increase the likelihood of patients engaging in opioid use
disorder (OUD) treatment within thirty days.
The legislature recognizes the Department of Health's concern
that it is essential to ensure that patients who receive
buprenorphine in the field have access to follow-up treatment
within twenty-four to forty-eight hours. The legislature
therefore intends to establish a phased pilot program, limited
initially to paramedics and counties with identified treatment
linkage capacity.
The purpose of this Act is to:
1. Authorize paramedics, under Department of Health-approved
protocols, to administer buprenorphine following naloxone
in cases of suspected opioid overdose;
2. Require the Department of Health to verify and designate
treatment centers that can accept patients within
twenty-four to forty-eight hours of an EMS encounter;
3. Implement the program as a phased pilot in one or more
counties; and
4. Require the department to evaluate and report outcomes to
the legislature.
SECTION 2. Section 329E-3, Hawaii Revised Statutes, is
amended to read as follows:
"[+]§329E-3[r] Opioid antagonist and buprenorphine
administration; emergency personnel and first responders.11 Jiu.
Beginning on January 1, 2017, every emergency medical technician
licensed and registered in [Jlawaii] the State and all law
enforcement officers, firefighters, and lifeguards shall be
authorized to administer an opioid antagonist as clinically
indicated.
Cbl Beginning July 1. 2026. paramedics licensed and
re g istered in the State ma y , under p rotocols established b y the
De p artment of Health and a pproved b y the .state EMS medical
director. administer bup renorp hine after administration of an
o o ioid anta a onist to a p atient exp eriencina a n o p ioid-related
o v e rdose. pro vide d t hat:
1. The p aramedic has comp leted de p artment-a pproved trainin g in
o p ioid withdrawal assessment and bup renor p hine
administration;
2. The p atient is alert. has re g ained decision-makin g ca p acit y ,
an d meets the clinica l c ri te ria for bu orenor ohine fiel d
initiation as defined b y the p rotocoli
3. A same-da y or next-da y referral is made to a desi g nated
treatment p rovider authorized b y the De p artment of Health;
and
4. Documentation of the administration. withdrawal assessment,
and referral is submitted to the de p artment for p ro g ram
evaluation.
(c ) The de p artment of health shall:
1. Adopt rules p ursuant to cha p ter 91 to:
!Al E stab lish clinical a nd o p erati ona l o r o tocol s fo r
paramedic administration of buprenorphine in the field;
(B l Desi g nate and maintain a list of treatment centers and
p roviders ca p able of acce p tin g referred p atients within
twent y -four to fort y -ei g ht hours; and
(C l Ensure coordination between emer g ency medical services,
emergency departments, and substance use disorder treatment
p ro g rams.
2. Implement a phased pilot program be g inning in at least one
count y with verified linka a e-to-care ca p acit y and exp and
s tatewide as a dd itional t reat ment resourc es bec o me
available.
3. Provide or contract for training of p aramedics in the
assessment . administration. and documentation of
bu p renorp hine field initiation.
4. Submit a report to the le g islature no later than twent y
months after the p ro g ram's start date , evaluatin g :
(A )Number of p atients treated;
(B l Withdrawal s ymp tom outcomes;
{C}Rat es of e ngag eme nt with fol low-u p t reatmen t; a nd
<PlAny operational challenges or recommendations for
statewide ex p ansion.
SECTION 2. Statutory material to be ~epealed is bracketed
and stricken. New statutory material is underscored.
SECTION 3. This Act shall take,effect upon its approval.
INTRODUCED BY:
Report Title:
Department of Health; Paramedics; Buprenorphine; Opioid
Overdose; Pilot Program; Treatment Linkage; Training; Rules
Description:
Establishes a pilot program authorizing paramedics, under
Department of Health-approved protocols, to administer
buprenorphine following naloxone in cases of opioid overdose.
Requires the department to verify treatment centers capable of
same-or next-day follow-up care, provide training, implement a
phased rollout, and submit a report evaluating program outcomes.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
1
THIRTY-FOURTH LEGISLATURE, 2026
STATE OF HAWAII .B. NO.
A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HA WAIi:
SECTION 1. Act 45, Session Laws of Hawaii 2024, is amended
2 by amending section 4 to read as follows:
3 "SECTION 4. This Act shall take effect upon its approval,
4 and shall apply to bond proceeds expended by a county after
5 December 31, 2023[,· and shall be repealed on June 30, 2028;
6 provided that section 46 15 .1, Hawaii Revised Statutes, shall be
7 reenacted in the form in which it read on the day before the
8 effective date of this Act.]; provided that the amendments made
9 to section 46-15.1 by section 2 of this Act shall not be
10 repealed when that section is reenacted on:
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ill July 1, 2030, pursuant to:
(A) Section 3 of Act 141, Session Laws of Hawaii
2009, as amended by section 3 of Act 102, Session
Laws of Hawaii 2015, as amended by section 1 of
Act 80, Session Laws of Hawaii 2019, as amended
by section 2 of Act 90, Session Laws of Hawaii
2023; and
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Page 2 .B. NO.
ill Section 3 of Act 98, Session Laws of Hawaii 2012,
as amended b y section 4 of Act 102, Session Laws
of Hawaii 2015, as amended by section 50 of Act
55, Session Laws of Hawaii 2016, as amended b y
section 2 of Act 80, Session Laws of Hawaii 2019,
as amended by section 3 of Act 90, Session Laws
of Hawaii 2023; and
ill July 1, 2031, pursuant to section 4 of Act 31, Session
Laws of Hawaii 2024."
10 SECT~ON 2. Statutory material to be repealed is bracketed
11 and stricken. New statutory material is underscored.
12 SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY:
Report Title:
City and County of Honolulu; HHFDC; Housing; County Powers;
Mixed-Use Development; Bond Proceeds
Description:
Repeals the sunset provision in Act 45, SLH 2024, related to the
counties' authorization to develop, construct, finance,
refinance, or otherwise provide mixed-use developments.
The summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.
.B. NO.
A BILL FOR AN ACT
RELATING TO CESSPOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAW All:
1 SECTION 1. The purpose of this Act is to offer financial
2 assistance to owners of cesspools who:
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(1) Upgrade or convert a cesspool into a septic system or
an aerobic treatment unit system; or
(2) Connect a cesspool to a sewer system,
6 by establishing a cesspool upgrade, conversion, or connection
7 income tax credit.
8 SECTION 2. Chapter 235, Hawaii Revised Statutes, is
9 amended by adding a new section to part I to be appropriately
10 designated and to read as follows:
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"§235-Cesspool upgrade, conversion, or connection;
income tax credit. (a) There shall be allowed to each tax p ayer
13 subject to the tax imposed under this chapter, a cess p ool
14 u p grade, conversion, or connection income tax credit that shall
15 be deductible from the taxpa y er's net income tax liability, if
16 any, imposed by this chapter for the taxable year in which the
17 credit is properly claimed.
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.B. NO.
(b) In the case of a partnership, S corporation, estate,
or trust, the tax credit allowable is for qualified expenses
incurred by the entity for the taxable y ear. The expenses upon
which the tax credit is computed shall be determined at the
5 entity level. Distribution and share of credit shall be
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determined by rule.
(c) The cesspool upg rade, conversion, or connection income
8 tax credit shall be e q ual to the qualified exp enses of the
9 taxpayer, up to a maximum of $10,000; provided that, in the case
10 of a residential large capacity cesspool, the amount of the
11 credit shall be equal to the q ualified expenses of the taxpa y er,
12 up to a maximum of $10,000 per residential dwellin g connected to
13 the cesspool, as certified by the department of health pursuant
14 to subsection (e). There shall be allowed a maximum of one
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cess p ool upgrade, conversion, or connection income tax credit
per cesspool. The cesspool upgrade, conversion, or connection
income tax credit shall be available only for the taxable year
in which the taxpayer's qualified expenses are certified by the
appropriate government agenc y .
(d) The total amount of tax credits allowed under this
section shall not exceed $5,000,000 for all taxpayers in any
taxable year; provided that any taxpayer who is not eligible to
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.8. NO.
claim the credit in a taxable year due to the $5,000,000 cap
having been exceeded for that taxable y ear shall be eligible to
claim the credit in the subsequent taxable y ear.
(e) The department of health shall:
ill Certif y all cesspools for the p urposes of this
section; provided that, as a pilot p rogram, the
department of health, in its discretion, may certify
no more than two residential large ca p acity cesspools;
ill Collect and maintain a record of all qualified
expenses certified by an appropriate government a g ency
for the taxable year; and
ill Certify to each taxpayer the amount of credit the
13 taxpayer may claim; provided that if, in any year, the
14 annual amount of certified credits reaches $5,000,000
15 in the ag g regate, the de p artment of health shall
16 immediately discontinue certif y ing credits and notify
17 the department of taxation.
18 The director of health ma y adopt rules under Chapter 91 as
19 necessary to imp lement the certification requirements under this
20 section.
21 (f) The director of taxation:
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.B. NO.
ill Shall prepare any forms that ma y be necessary to claim
a tax credit under this section;
ill Ma y require the taxpayer to furnish reasonable
information to ascertain the validity of the claim for
the tax credit made under this section; and
ill Ma y adopt rules under chapter 91 necessary to
effectuate the purposes of this section.
(g) If the tax credit under this section exceeds the
taxpayer's income tax liability, the excess of the credit over
liability may be used as a credit against the taxp a y er's income
tax liability in subsequent years until exhausted. All claims
for the tax credit under this section, including amended claims,
shall be filed on or before the end of the twelfth month
following the close of the taxable year for which the credit may
15 be claimed. Failure to comp l y with the foregoing p rovision
16 shall constitute a waiver of the ri g ht to claim the credit.
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(h) This section shall not apply to taxable years
beginning after December 31, 2032.
(i) As used in this section:
"Aerobic treatment unit s y stem" means an individual
wastewater system that consists of an aerobic treatment unit
tank, aeration device, piping, and a discharge method that is in
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.B. NO.
1 accordance with rules adopted by the department of health
2 relating to household aerobic units.
3 "Cesspool" means an individual wastewater system consisting
4 of an excavation in the ground whose depth is greater than its
5 widest surface dimension, which receives untreated wastewater,
6 and retains or is desi g ned to retain the organic matter and
7 solids discharged into it, but permits the liquid to seep
8 through its bottom or sides to gain access to the under g round
9 g eographic formation.
10 "Qualified expenses" means costs that are necessary and
11 directly incurred by the taxpayer for up g rading or converting a
12 cesspool into a septic system or an aerobic treatment unit
13 system, or connecting a cesspool to a sewer system, and that are
14 certified as such by the appropriate government agency.
15 "Residential large capacity cesspool" means a cesspool that
16 is connected to more than one residential dwelling.
17 "Septic s y stem" means an individual wastewater system that
18 typically consists of a septic tank, pipin g , and a drainage
19 field where there is natural biological decontamination as
20 wastewater discharged into the system is filtered through soil.
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.B. NO.
I "Sewer system" means a system of piping, with
2 a ppurtenances, for collecting and conve y ing wastewater from
3 source to dischar g e followin g treatment.
4 "Wastewater" means an y liquid waste, whether or not treated
5 and whether animal, mineral, or vegetable, including
6 agricultural, industrial, and thermal wastes."
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SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2027, and
9 shall apply to taxable years beginning after December 31, 2027;
IO provided that this Act shall be repealed on December 31, 2032.
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INTRODUCED BY:
6
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Report Title :
Department of Health ("DOH"); Director of Taxation; Income Tax
Credit; Cesspool Upgrade, Conversion, or Connection
Description:
Provides a temporary income tax credit for the cost of upgrading
or converting a cesspool to a septic system or an aerobic
treatment unit system, or connecting to a sewer system. Permits
DOH, as a pilot program, to certify no more than two residential
large capacity cesspools. Defines terms. Effective 7/1/2027.
Sunsets 12/31/2032.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
HOUSE OF REPRESENTATIVES
TH1RiY~ THIRD LEGISLATURE , 2025
STA TE OF HAWAII H.C.R. NO. 4,
HOUSE CONCURRE NT
RESOLUTION
REQUESTING THE DEPARTMENT OF EDUCATION TO MAKE AVAILABLE
RECREATIONAL FACILITIES TO THE PUBLIC DURING NON-PEAK HOURS
AND NON-SCHOOL DAYS.
1 WHEREAS, as of 2021, twenty-nine percent of United States
l resident~ do not live within walkable distance of a recreational
3 amenity or local park; and
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5 WHEREAS, according to a recent survey, eighty-seven percent
6 of people want their local and state governments to ensure
7 equitable access to park and recreation amenities; and
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9 WHEREAS, residents of Hawaii face similar challenges
JO accessing public recreational facilities including pools, gyms,
ll and fields; and
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13 WHEREAS, the lack of access to public recreational
14 facilities directly mirrors income inequality, with rural and
IS low-income communities within the State facing the greatest
1, barriers to participating in physical activities; and
17
IS WHEREAS, pursuant to chapter 39, Hawaii Administrative
19 Rules, Hawaii's public school facilities are required to be
20 a'Vailable for public use as long as the requested activities do
U net interfere with normal school operations, and require an
22 online application to be completed at least ten days prior to
23 the requested date of use; and
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ZS WHEREAS, this body finds that the State should expand
U acc~ss for unrestricted use of public school facilities to
H address inequity in public recreation facility access; now,
28 therefore,
29
30 BE IT RESOLVED by the House of Representatives of the
31 Thirty-third Legislature of the State of Hawaii, Regular Session
" of 2025, the Senate concurring, that the Department of Education
2025-1759 HCR SMA.docx
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H.C.R. NO.
l is requ:ested to open public school recreational facilities for
2 pul:>J,,ic use d\,lring non-peak hours and non-school use days; and
3
4 &E: IT FURTHER RESOLVED that a certified copy of this
S Concurrent Resolution be transmitted to the Superintendent of
6 Education.
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2025-1759 HCR SMA.docx
IIIDIIIDIIIIIIIIIIIII
OFFERED BY: 4w4, u. ~IJ-
MAR -·4 2025
2
Exhibit "A"
.B. NO. --------
A BILL FOR A N ACT
RELATING TO THE PSYCHOLOGY INTERJURISOICTIONAL COMPACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF RA WAil:
t SECTION 1. The Hawaii Revised Statutes is amended by
2 adding a new chapter to be appropriately designated and to read
3 as follows:
4 "CBAPl'BR
5 PSYCBOI.OG'I' INTBRJORlSDJ:C'llONAL CONJ?ACT
6 s -1. Short t:i.t1e. This chapter may be cited as the
7 Psychology Interjurisdictional Compact.
8 s -2. Tez:ms and pro,r.is:Lone of compact; author:i.11:ation;
9 go,reznor. The legislature hereby authorizes the governor to
10 enter into a compact on behalf of the State of Hawaii with any
ll other state legally joining therein, in the form substantially
12 as follows:
13 PSYCHOLOGY INTBR.JOR:cSD%CTJ:ONAL COMPACT (PSYPACT)
14 AR'l'%CLB %
lS 1'URPOSE
16 Whereas, states license psychologists, in order to protect
17 the public through verification of education, training and
25-068d
Page2 .B. NO.
I experience and ensure accountability for professional practice;
2 and
3 Whereas, this Compact is intended to regulate the day to
4 day practice of telepsychology (i.e., the provision of
s psychological services using telecommunication technologies) by
6 psychologists across state boundaries in the performance of
7 their psychological practice as assigned by an appropriate
8 authority; and
9 Whereas, this Compact is intended to regulate the temporary
10 in-person, face-to-face practice of psychology by psychologists
11 across state boundaries for 30 days within a calendar year in
12 the performance of their psychological practice as assigned by
13 an appropriate authority; and
14 Whereas, this Compact is intended to authorize State
IS Psychology Regulatory Authorities to afford legal recognition,
16 in a manner consistent with the terms of the Compact, to
17 psychologists licensed in another state; and
18 Whereas, this Compact recognizes that states have a vested
19 interest in protecting the public's health and safety through
20 their licensing and regulation of psychologists and that such
21 state regulation will best protect public health and safety; and
25-068d
Page3 .B. NO.
1 Whereas, this Compact does not apply when a psychologist is
2 licensed in both the Home and Receiving States; and
3 Whereas, this Compact does not apply to permanent in-
4 person, face-to-face practice, it does allow for authorization
5 of temporary psychological practice.
6 Consistent with these principles, this Compact is designed
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
to achieve the following purposes and objectives:
1. Increase public access to professional psychological
services by allowing for telepsychological practice
across state lines as well as temporary in-person, face-
to-face services into a state which the psychologist is
not licensed to practice psychology;
2. Enhance the states' ability to protect the public's
health and safety, especially client/patient safety;
3. Encourage the cooperation of Compact States in the
areas of psychology licensure and regulation;
4. Facilitate the exchange of information between Compact
States regarding psychologist licensure, adverse actions
an~ disciplinary history;
5. Promote compliance with the laws governing
psychological practice in each Compact State; and
25-068d
Page4 .B. N O.
1
2
3
4
5
6. Invest all Compact States with the authority to hold
licensed psychologists accountable through the mutual
recognition of Compact State licenses.
DBl'DtIT:COHS
6 A. "Adverse Action" means: Any action taken by a State
7 Psychology Regulatory Authority which finds a violation of a
8 statute or regulation that is identified by the State Psychology
9 Regulatory Authority as discipline and is a matter of public
10 record.
11 B. "Association of State and Provincial Psychology Boards
12 (ASPPB)" means: the recognized membership organization composed
13 of State and Provincial Psychology Regulatory Authorities
14 responsible for the licensure and registration of psychologists
15 throughout the United States and Canada.
lCi c. "Authority to Practice Interjurisdictional
17 Telepsychology" means: a licensed psychologist's authority to
18 practice telepsychology, within the limits authorized under this
I
19 Compact, in another Compact state.
20 D. "Bylaws" means: those Bylaws established by the
21 Psychology Interjurisdictional Compact Commission pursuant to
25-O68d
Page5 .B. NO.
1 Article X for its governance, or for directing and controlling
2 its actions and conduct.
3 E. "Client/Patient" means: the recipient of psychological
4 services, whether psychological services are delivered in the
s context of healthcare, corporate, supervision, and/or consulting
6 services.
7 F. "Commissioner" means: the voting representative
8 ·appointed by each State Psychology Regulatory Authority pursuant
9 to Article x.
lO G. "Compact State" means: a state, the District of
11 Columbia, or United States territory that has enacted this
12 Compact legislation and which has not withdrawn pursuant to
13 Article XIII, Section C or been terminated pursuant to Article
14 XII, Section B.
JS H. "Coordinated Licensure Information System" also
16 referred to as "Coordinated Database" means: an integrated
17 process for collecting, storing, and sharing information on
18 psychologists' licensure and enforcement activities related to
19 psychology licensure laws, which is administered by the
20 recognized membership organization composed of State and
21 Provincial Psychology Regulatory Authorities.
25-O68d
Page6 .B. NO.
1 I. "Confidentiality" means: the principle that data or
2 information is not made available or disclosed to unauthorized
3 persons and/or processes.
4 J. "Day" means: any part of a day in which psychological
5 work is performed.
6 K. "Distant State" means: the Compact State where a
7 psychologist is physically present (not through the use of
8 teleconununications technologies), to provide temporary in-
9 person, face-to-face psychological services.
!0 L. "E.Passport" means: a certificate issued by the
11 Association of State and Provincial Psychology Boards (ASPPB)
12 that promotes the standardization in the criteria of
13 interjurisdictional telepsychology practice and facilitates the
14 process for licensed psychologists to provide telepsychological
15 services across state lines.
Ui M. "Executive Board" means: a group of directors elected
17 or appointed to act on behalf of, and within the powers granted
18 to them by, the Commission.
19 N. "Home State" means: a Compact State where a
20 psychologist is licensed to practice psychology. If the
21 psychologist is licensed in more than one Compact State and is
22 practicing under the Authorization to Practice
25-O68d
Page7 .B. NO.
1 Interjurisdictional Telepsychology, the Home State is the
2 Compact State where the psychologist is physically present when
3 the telepsychological services are delivered. If the
4 psychologist is licensed in more than one Compact State and is
S practicing under the Temporary Authorization to Practice, the
6 Home State is any Compact State where the psychologist is
7 licensed.
8 o. "Identity History Summary" means: a summary of
, information retained by the FBI, or other designee with similar
JO authority, in connection wi~h_arrests and, in some instances,
11 federal employment, naturalization, or military service.
12 P. "In-Person, Face-to-Face" means: interactions in which
13 the psychologist and the client/patient are in the same physical
14 space and which does not include interactions that may occur
15 through the use of telecommunication technologies.
16 Q. "Interjurisdictional Practice Certificate (IPC}"
17 means: a certificate issued by the Association of State and
18 Provincial Psychology Boards (ASPPB} that grants temporary
19 authority to practice based on notification to the State
26 Psychology Regulatory Authority of intention to practice
21 temporarily, and verification of one's qualifications for such
22 practice.
25-068d
Page8 .B. N O.
I R. "License" means: authorization by a State Psychology
2 Regulatory Authority to engage in the independent practice of
3 psychology, which would be unlawful without the authorization.
4 s. "Non-Compact State" means: any State which is not at
s the time a Compact State.
6 T. "Psychologist" means: an individual licensed for the
7 independent practice of psychology.
8 U. "Psychology Interjurisdictional Compact Commission"
9 also referred to as "Commission" means: the national
IO administration of which all Compact States are members.
11 V. "Receiving State" means: a Compact State where the
12 client/patient is physically located when the telepsychological
13 services are delivered.
14 W. "Rule" means: a written statement by the Psychology
15 Interjurisdictional Compact Commission promulgated pursuant to
16 Article XI of the Compact that is of general applicability,
17 implements, interprets, or prescribes a policy or provision of
18 the Compact, or an organizational, procedural, or practice
19 requirement of the Commission and has the force and effect of
20 statutory law in a Compact State, and includes the amendment,
21 repeal or suspension of an existing rule.
22 X. "Significant Investigatory Information" means:
25-068d
I
2
3
4
s
fi
7
Page9 .8. NO.
1. Investigative information that a State Psychology
Regulatory Authority, after a preliminary inquiry that
includes notification and an opportunity to respond if
required by state law, has reason to believe, if proven
true, would indicate more than a violation of state
statute or ethics code that would be considered more
substantial than minor infraction; or
8 2. Investigative information that indicates that the
9
10
JI
psychologist represents an immediate threat to public
health and safety regardless of whether the psychologist
has been notified and/or had an opportunity to respond.
12 Y. "State" means: a state, commonwealth, territory, or
13 possession of the United States, the District of Columbia.
14 z. "State Psychology Regulatory Authority" means: the
15 Board, office or other agency with the legislative mandate to
lfi license and regulate the practice of psychology.
17 AA. "Telepsychology" means:· the provision of
18 psychological services using telecommunication technologies.
19 BB. "Temporary Authorization to Practice" means: a
20 licensed psychologist's authority to conduct temporary in-
21 person, face-to-face practice, within the limits authorized
22 under this Compact, in another Compact State.
25-068d
I
2
3
4
s
6
7
8
Page 10
cc.
means:
the use
State to
within a
State.
.B. N O. ---
"Temporary In-Person, Face-to-Face Practice"
where a psychologist is physically present (not through
of telecommunications technologies), in the Distant
provide for the practice of psychology for 30 days
calendar year and based on notification to the Distant
ARTICLE :n::t
BOMB STAB L:tCENStJRE
, A. The Home State shall be a Compact State where a
10 psychologist is licensed to practice psychology.
11 B. A psychologist may hold one or more Compact State
12 licenses at a time. If the psychologist is licensed in more
13 than one Compact State, the Home State is the Compact State
14 where the psychologist is physically present when the services
15 are delivered as authorized by the Authority to Practice
16 Interjurisdictional Telepsychology under the terms of this
17 Compact.
18 c. Any Compact State may require a psychologist not
1, previously licensed in a Compact State to obtain and retain a
20 license to be authorized to practice in the Compact State under
21 circumstances not authorized by the Authority to Practice
25-O68d
Page 11 .B. NO.
l Interjurisdictional Telepsychology under the terms of this
2 Compact.
3 D. Any Compact State may require a psychologist to obtain
4 and retain a license to be authorized to practice in a Compact
5 State under circumstances not authorized by Temporary
6 Authorization to Practice under the terms of this Compact.
7 E. A Home State's license authorizes a psychologist to
8 practice in a Receiving State under the Authority to Practice
9 Interjurisdictional Telepsychology only if the Compact State:
10 1. Currently requires the psychologist t~hold an active
ll E.Passport;
12 2. Has a mechanism in place for receiving and
13 investigating complaints about licensed individuals;
14 3. Notifies the Commission, in compliance with the terms
IS
16
17
herein, of any adverse action or significant
investigatory information regarding a licensed
individual;
18 4. Requires an Identity History Summary of all applicants
19
20
21
22
at initial licensure, including the use of the results
of fingerprints or other biometric data checks compliant
with the requirements of the Federal Bureau of
Investigation (FBI}, or other designee with similar
25-068d
Page 12 .B. N O.
I authority, no later than ten years after activation of
2 the Compact; and
3 5. Complies with the Bylaws and Rules of tpe Commission.
4 F. A Home State's license grants Temporary Authorization
5 to Practice to a psychologist in a Distant State only if the
6 Compact State:
7 1. Currently requires the psychologist to hold an active
8 IPC;
, 2. Has a mechanism in place for receiving and
10 investigating complaints about licensed individuals;
11 3. Notifies the Commission, in compliance with the terms
12 herein, of any adverse action or significant
13 investigatory informa.tion regarding a licensed
14 individual;
15 4. Requires an Identity History Summary of all applicants
16 at initial licensure, including the use of the results
17 of fingerprints or other biometric data checks compliant
18
19
20
21
with the requirements of the Federal Bureau of
Investigation (FBI), or other designee with similar
authority, no later than ten years after activation of
the Compact; and
22 5. Complies with the Bylaws and Rules of the Commission.
25-068d
l
2
Page 13 .8. NO.
~lCLB J:V
COMPACT l?lUVZ?.ZGE TO PRACTICB DLBPSYCBOLOGY
3 A. Compact States shall recognize the right of a
4 psychologist, licensed in a Compact State in conformance with
5 Article III, to practice telepsychology in other Compact States
6 (Receiving States) in which the psychologist is not licensed,
7 under the Authority to Practice Interjurisdictional
8 Telepsychology as provided in the Compact.
9 a. To exercise the Authority to Practice
10 lnterjurisdictional Telepsychology under the terms and
11 provisions of this Compact, a psychologist licensed to practice
12 in a Compact State must:
13 1. Hold a graduate degree in psychology from an institute
14 of higher education that was, at the time the degree was
15
16
17
18
19
20
21
22
awarded:
a. Regionally accredited by an accrediting body
recognized by the U.S. Department of Education to
grant graduate degrees, or authorized by Provincial
Statute or Royal Charter to grant doctoral degrees;
or
b. A foreign college or university deemed to be
equivalent to l(a) above by a foreign credential
25-068d
1
2
3
4
Page 14 .B. NO.
evaluation service that is a member of the National
Association of Credential Evaluation Services (NACES)
or by a recognized foreign credential evaluation
service; and
5 2. Hold a graduate degree in psychology that meets the
6 following criteria:
7
8
9
10
II
12
13
14
1S
16
17
18
19
20
21
a. The program, wherever it may be administratively
housed, must be clearly identified and labeled as a
psychology program. Such a program must specify in
pertinent institutional catalogues and brochures its
intent to educate and train professional
psychologists;
b. The psychology program must stand as a recognizable,
coherent, organizational entity within the
institution;
c. There must be a clear authority and primary
responsibility for the core and specialty areas
whether or not the program cuts across administrative
lines;
d. The program must consist of an integrated, organized
sequence of study;
25-068d
1
2
3
4
s
6
7
8
9
10
11
12
13
14
15
16
17
Page 15 .B. NO.
e. There must be an identifiable psychology faculty
sufficient in size and breadth to carry out its
responsibilities;
f. The designated director of the program must be a
psychologist and a member of the core faculty;
g. The program must have an identifiable body of
students who are matriculated in that program for a
degree;
h. The program must include supervised practicum,
internship, or field training appropriate to the
practice of psychology;
i. The curriculum shall encompass a minimum of three
academic years of full-time graduate study for
doctoral degree and a minimum of one academic year of
full-time graduate study for master's degree; and
j. The program includes an acceptable residency as
defined by the Rules of the Commission.
18 3. Possess a current, full and unrestricted license to
19
20
practice psychology in a Home State which is a Compact
State;
21 4. Have no history of adverse action that violate the
22 Rules of the Commission;
25-068d
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3
4
s
6
7
8
9
10
II
ll
13
14
15
16
Page 16 .B. NO.
any
5.
---
Have no criminal record history reported on an Identity
History Summary that violates the Rules of the
Commission;
6. Possess a current, active E.Passport;
7. Provide attestations in regard to areas of intended
practice, conformity with standards of practice,
competence in telepsychology technology; criminal
background; and knowledge and adherence to legal
requirements in the Home and Receiving States, and
provide a release of informatio~. to allow for primary
source verification in a manner specified by the
Commission; and
8. Meet other criteria as defined by the Rules of the
Commission.
c. The Home State maintains authority over the license of
psychologist practicing into a Receiving State under the
17 Authority to Practice Interjurisdictional Telepsychology.
18 D. A psychologist practicing into a Receiving State under
It the Authority to Practice Interjurisdictional Telepsychology
20 will be subject to the Receiving State's scope of practice. A
21 Receiving State may, in accordance with that state's due process
22 law, limit or revoke a psychologist's Authority to Practice
25-068d
Page 17 .B. N O. ---
l Interjurisdictional Telepsychology in the Receiving State and
2 may take any other necessary actions under the Receiving State's
3 applicable law to protect the health and safety of the Receiving
4 State's citizens. If a Receiving State takes action, the state
5 shall promptly notify the Home State and the Commission.
6 E. If a psychologist's license in any Home State, another
7 Compact State, or any Authority to Practice Interjurisdictional
8 Telepsychology in any Receiving State, is restricted, suspended
9 or otherwise limited, the E.Passport shall be revoked and
JO therefore the psychologist shall not be eligible to practice
11 telepsychology in a Compact State under the Authority to
12 Practice Interjurisdictional Telepsychology.
13 ARTICLE V
14 COMPACT ~ A~BORZZAT:tON TO PRACTICE
15 A. Compact States shall also recognize the right of a
16 psychologist, licensed in a Compact State in conformance with
17 Article III, to practice temporarily in other Compact States
18 (Distant States) in which the psychologist is not licensed, as
19 provided in the Compact.
20 B. To exercise the Temporary Authorization to Practice
21 under the terms and provisions of this Compact, a psychologist
22 licensed to practice in a Compact State must:
25-068d
Page 18 .B. NO. ---
1 1. Hold a graduate degree in psychology from an institute
2
3
4
s
6
7
8
'
10
11
12
13
14
of higher education that was, at the time the degree was
awarded:
a. Regionally accredited by an accrediting body
recognized by the U.S. Department of Education to
grant graduate degrees, or authorized by Provincial
Statute or Royal Charter to grant doctoral degrees;
or
b. A foreign college or university deemed to be
equivalent to l(a) above by a foreign cr.edential
evaluation service that is a member of the National
Association of Credential Evaluation Services (NACES)
or by a recognized foreign credential evaluation
service; and
15 2. Hold a graduate degree in psychology that meets the
16
17
18
19
20
21
22
following criteria:
a. The program, wherever it may be administratively
housed, must .be clearly identified and labeled as a
psychology program. Such a program must specify in
pertinent institutional catalogues and brochures its
intent to educate and train professional
psychologists;
25-068d
l
2
3
4
5
6
7
8
9
l-0
11
12
13
14
lS
17
18
19
20
21
22
Page 19 .B. N O.
b. The psychology program must stand as a recognizable,
coherent, organizational entity within the
institution;
c. There must be a clear authority and primary
responsibility for the core and specialty areas
whether or not the program cuts across administrative
lines;
d. The program must consist of an integrated, organized
sequence of study;
e. There must be an identifiable psychology faculty
sufficient in size and breadth to carry out its
responsibilities;
f. The designated director of the program must be a
psychologist and a member of the core faculty;
g. The program must have an identifiable body of
students who are matriculated in that program for a
degree;
h. The program must include supervised practicum,
internship, or field training appropriate to the
practice of psychology;
i. The curriculum shall encompass a minimum of three
academic years of full-time graduate study for
25-068d
1
2
3
4
Page20 .B. NO. ---
doctoral degrees and a minimum of one academic year
of full-time graduate study for master's degrees; and
j. The program includes an acceptable residency as
defined by the Rules of the Commission;
5 3. Possess a current, full and unrestricted license to
6
7
practice psychology in a Home State which is a Compact
State;
8 4. Have no history of adverse action that violates the
Rules of the Commission;
10 5. Have no criminal record history that violates the Rules
11 of the Commission;
12 6. Possess a current, active IPC;
13 7. Provide attestations in regard to areas of intended
14
IS
practice and work experience and provide a release of
information to allow for primary source verification in
16 a manner specified by the Commission; and
17 8. Meet other criteria as defined by the Rules of the
Commission.
19 c. A psychologist practicing into a Distant State under
20 the Temporary Authorization to Practice shall practice within
21 the scope of practice authorized by the Distant State.
25-068d
Page21 .B. N O. ---
1 D. A psychoiogist practicing into a Distant State under
2 the Temporary Authorization to Practice will be subject to the
3 Distant State's authority and law. A Distant State may, in
4 accordance with that state's due process law, limit or revoke a
S psychologist's Temporary Authorization to Practice in the
6 Distant State and may take any other necessary actions under the
7 Distant State's applicable law to protect the health and safety
8 of the Distant State's citizens. If a Distant State takes
9 action, the state shall promptly notify the Home State and the
10 Commission.
11 E. If a psychologist's license in any Home State, another
12 Compact State, or any Temporary Authorization to Practice in any
13 Distant State, is restricted, suspended or otherwise limited,
14 the IPC shall be revoked and therefore the psychologist shall
15 not be eligible to practice in a Compact State under the
16 Temporary Authorization to Practice.
17 ARTl:CLB VI
18 CONDZ!rl:ONS 01' TELEPSYCBOLOGY ~Tl:CE :cN A BBCEl:VJ:NG S'l'ATB
19 A. A psychologist may practice in a Receiving State under
20 the Authority to Practice Interjurisdictional Telepsychology
21 only in the performance of the scope of practice for psychology
22 as assigned by an appropriate State Psychology Regulatory
25-068d
Page22 .B. N O.
1 Authority, as defined in the Rules of the Commission, and under
2 the following circumstances:
3 1. The psychologist initiates a client/patient contact in
4 a Home State via telecommunications technologies with a
5 client/patient in a Receiving State; and
6 2. Other conditions regarding telepsychology as determined
7 by Rules promulgated by the Commission.
8
9
~:ICLB V:I:t
ADVBRSB ACT:IONS
10 A. A Hom~ State shall have the power to impose adverse
11 action against a psychologist's license issued by the Home
12 State. A Distant State shall have the power to take adverse
13 action on a psychologist's Temporary Authorization to Practice
14 within that Distant State.
IS B. A Receiving State may take adverse action on a
16 psychologist's Authority to Practice Interjurisdictional
17 Telepsychology within that Receiving State. A Home State may
18 take adverse action against a psychologist based on an adverse
19 action taken by a Distant State regarding temporary in-person,
20 face-to-face practice.
21 c. If a Home State takes adverse action against a
22 psychologist's license, that psychologist's Authority to
25-068d
Page23 .8. NO. ---
l Practice Interjurisdictional Telepsychology is terminated and
2 the E.Passport is revoked. Furthermore, that psychologist's
3 Temporary Authorization to Practice is terminated and the IPC is
4 revoked.
s 1. All Home State disciplinary orders which impose adverse
6
7
8
9
action shall be reported to the Commission in accordance
with the Rules promulgated by the Commission. A Compact
State shall report adverse actions in accordance with
the Rules of the Commission;
10 2. In the event discipline is reported_._op a psychologist,
11 the psychologist will not be eligible for telepsychology
12
13
or temporary in-person, face-to-face practice in
accordance with the Rules of the Commission; and
14 3. Other actions may be imposed as determined by the Rules
JS promulgated by the Commission.
16 D. A Home State's Psychology Regulatory Authority shall
17 investigate and take appropriate action with respect to reported
18 inappropriate conduct engaged in by a licensee which occurred in
19 a Receiving State as it would if such conduct had been engaged
20 in by a licensee within the Home State. In such cases, the Home
21 State's law shall control in determining any adverse action
21 against a psychologist's license.
25-068d
Page24 .B. N O. ---
1 E. A Distant State's Psychology Regulatory Authority shall
2 investigate and take appropriate action with respect to reported
3 inappropriate conduct engaged in by a psychologist practicing
4 under Temporary Authorization to Practice which occurred in that
s Distant State as it would if such conduct had been engaged in by
6 a licensee within the Home State. In such cases, the Distant
7 State's law shall control in determining any adverse action
8 against a psychologist's Temporary Authorization to Practice.
9 F. Nothing in this Compact shall override a Compact
10 State's decision that a.psychologist's participation in an
11 alternative program may be used in lieu of adverse action and
12 that such participation shall remain non-public if required by
13 the Compact State's law. Compact States must require
14 psychologists who enter any alternative programs to not provide
15 telepsychology services under the Authority to Practice
16 Interjurisdictional Telepsychology or provide temporary
17 psychological services under the Temporary Authorization to
18 Practice in any other Compact State during the term of the
19 alternative program.
20 G. No other judicial or administrative remedies shall be
21 available to a psychologist in the event a Compact State imposes
22 an adverse action pursuant to subsection c, above.
25-068d
Page25 .B. NO.
l ARTICLE VIII
2 ADDITIONAL AOTBOR%'1'DlS D1YES1rBD IN A COMPACT S'l'A'l'E' S PSYCHOLOGY
3 BBGULATORY AUTBOlUft
4 A. In addition to any other powers granted under state
5 law, a Compact State's Psychology Regulatory Authority shall
6 have the authority under this Compact to:
7 1. Issue subpoenas, for both hearings and investigations,
8 which require the attendance and testimony of witnesses
9
10
II
12
13
14
IS
16
17
18
19
20
and the production of evidence. Subpoenas issued by a
Compact State's Psychology Regulatory Authority for the
attendance and testimony of witnesses, and/or the
production of evidence from another Compact State shall
be enforced in the latter state by any court of
competent jurisdiction, according to that court's
practice and procedure in considering subpoenas issued
in its own proceedings. The issuing State Psychology
Regulatory Authority shall pay any witness fees, travel
expenses, mileage and other fees required by the service
statutes of the state where the witnesses and/or
evidence are located;
21 2. Issue cease and desist and/or injunctive relief orders
22 to revoke a psychologist's Authority to Practice
25-068d
1
2
3
4
5
'
7
8
'
10
11
12
13
14
15
16
17
18
19
20
21
n
Page26
3.
.B. NO. ---
Interjurisdictional Telepsychology and/or Temporary
Authorization to Practice; and
During the course of any investigation, a psychologist
may not change his/her Home State licensure. A Home
State Psychology Regulatory Authority is authorized to
complete any pending investigations of a psychologist
and to take any actions appropriate under its law. The
Home State Psychology Regulatory Authority shall
promptly report the conclusions of such investigations
to the Commission. Once an investigation has been
completed, and pending the outcome of said
investigation, the psychologist may change his/her Home
State licensure. The Commission shall promptly notify
the new Home State of any such decisions as provided in
the Rules of the Commission. All information provided
to the Commission or distributed by Compact States
pursuant to the psychologist shall be confidential,
filed under seal and used for investigatory or
disciplinary matters. The Commission may create
additional rules for mandated or discretionary sharing
of information by Compact States.
ARTXCI.B Dt
25-068d
Page27 .B. NO.
1 COORD:INATBD L:ICENSORB :INFOmm.TlON SYSTEM
1 A. The Commission shall provide for the development and
3 maintenance of a Coordinated Licensure Information System
4 (Coordinated Database) and reporting system containing licensure
5 and disciplinary action information on all psychologists and
6 individuals to whom this Compact is applicable in all Compact
7 States as defined by the Rules of the Commission.
8 B. Notwithstanding any other provision of state law to the
9 contrary, a Compact State shall submit a uniform data set to the
10 Coordinated Database on all licensees as required by the Rules
11 of the Commission, including:
12 1. Identifying information;
13 2. Licensure data;
14 3. Significant investigatory information;
15 4. Adverse actions against a psychologist's license;
16 5. An indicator that a psychologist's Authority to
17 Practice Interjurisdictional Telepsychology and/or
18 Temporary Authorization to Practice is revoked;
19 6. Non-confidential information related to alternative
20 program participation information;
21 7. Any denial of application for licensure, and the
22 reasons for such denial; and
25-068d
Page28 .B. NO.
1 8. Other information which may facilitate the
2
3
administration of this Compact, as determined by the
Rules of the Commission.
4 C. The Coordinated Database administrator shall promptly
5 notify all Compact States of any adverse action taken against,
6 or significant investigative information on, any licensee in a
7 Compact State.
8 O. Compact States reporting information to the Coordinated
9 Database may designate information that may not be shared with
10 the public without the express permission of the Compact State
II reporting the information.
12 E. Any information submitted to the Coordinated Database
13 that is subsequently required to be expunged by the law of the
14 Compact State reporting the information shall be removed from
15 the Coordinated Database.
16 ARTICLE X
17 BSTABLJ:SBMENT OF TSE i»SYCBOLOGY ~SDICTIOlGL COMPAC'l'
18 COMN1'.SS%0N
19 A. The Compact States hereby create and establish a joint
20 public agency known as the Psychology Interjurisdictional
21 Compact Commission.
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I 1. The Commission is a body politic and an instrumentality
2 of the Compact States;
3 2. Venue is proper and judicial proceedings by or against
4 the Commission shall be brought solely and exclusively
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in a court of competent jurisdiction where the principal
office of the Commission is located. The Commission may
waive venue and jurisdictional defenses to the extent it
adopts or consents to participate in alternative dispute
resolution proceedings; and
JO 3. Nothing in this Compact shall be construed to be a
11 waiver of sovereign immunity.
12 B. Membership, Voting, and Meetings:
13 1. The Commission shall consist of one voting
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representative appointed by each Compact State who shall
serve as that state's Commissioner. The State
Psychology Regulatory Authority shall appoint its
delegate. This delegate shall be empowered to act on
behalf of the Compact State. This delegate shall be
limited to:
a. Executive Director, Executive Secretary or similar
executive;
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b. Current member of the State Psychology Regulatory
Authority of a Compact State; or
c. Designee empowered with the appropriate delegate
authority to act on behalf of the Compact State;
5 2. Any Commissioner may be removed or suspended from
6 office as provided by the law of the state from which
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.the Commissioner is appointed. Any vacancy occurring in
the Commission shall be filled in accordance with the
laws of the Compact State in which the vacancy exists;
.. 10 3. Each Commissioner shall be entitled to ong ( 1} vote
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with regard to the promulgation of Rules and creation of
Bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the
Commission. A Commissioner shall vote in person or by
such other means as provided in the Bylaws. The Bylaws
may provide for Commissioners' participation in meetings
by telephone or other means ·of communication;
18 4. The Commission shall meet at least once during each
19 calendar year. Additional meetings shall be held as set
20 forth in the Bylaws;
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Page31 .8. NO.
5. All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner as
required under the rulemaking provisions in Article XI;
6. The Commission may convene in a closed, non-public
meeting if the Commission must discuss:
a. Non-compliance of a Compact State with its
obligations under the Compact;
b. The employment, compensation, discipline or other
personnel matters, practices or procedures related to
specific employees or other matters related to the
Commission's internal personnel practices and
procedures;
c. Current, threatened, or reasonably anticipated
litigation against the Commission;
d. Negotiation of contracts for the purchase or sale of
goods, services or real estate;
e. Accusation against any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or
financial information which is privileged or
confidential;
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g. Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy;
h. Disclosure of investigatory records compiled for law
enforcement purposes;
i. Disclosure of information related to any
investigatory reports prepared by or on behalf of or
for use of the Commission or other committee charged
with responsibility for investigation or
determination of compliance issues pursuant t~ the
Compact; or
j. Matters specifically exempted from disclosure by
federal and state statute; and
7. If a meeting, or portion of a meeting, is closed
pursuant to this provision, the Commission's legal
counsel or designee shall certify that the meeting may
be closed and shall reference each relevant exempting
provision. The Commission shall keep minutes which
fully and clearly describe all matters discussed in a
meeting and shall provide a full and accurate summary of
actions taken, of any person participating in the
meeting, and the reasons therefore, including a
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description of the views expressed. All documents
considered in connection with an action shall be
identified in such minutes. All minutes and documents
of a closed meeting shall remain under seal, subject to
release only by a majority vote of the Commission or
order of a court of competent jurisdiction.
7 c. The Conunission shall, by a majority vote of the
8 Commissioners, prescribe Bylaws and/or Rules to govern its
9 conduct as may be necessary or appropriate to carry out the
JO purposes and exercise the powers of the Compact, including but
11 not limited to:
12 1. Establishing the fiscal year of the Commission;
13 2. Providing reasonable standards and procedures:
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a. For the establishment and meetings of other
committees; and
b. Governing any general or specific delegation of any
authority or function of the Commission;
18 3. Providing reasonable procedures for calling and
19 conducting meetings of the Commission, ensuring
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reasonable advance notice of all meetings and providing
an opportunity for attendance of such meetings by
interested parties, with enumerated exceptions designed
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to protect the public's interest, the privacy of
individuals of such proceedings, and proprietary
information, including trade secrets. The Commission
may meet in closed session only after a majority of the
Commissioners vote to close a meeting to the public in
whole or in part. As soon as practicable, the
Commission must make public a copy of the vote to close
the meeting revealing the vote of each Commissioner with
9 no proxy votes allowed;
IO 4. Establishing the titles, duties and authority and
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reasonable procedures for the election of the officers
of the Commission;
13 5. Providing reasonable standards and procedures for the
14 establishment of the personnel policies and programs of
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the Commission. Notwithstanding any civil service or
other similar law of any Compact State, the Bylaws shall
exclusively govern the personnel policies and programs
of the Commission;
19 6. Promulgating a Code of Ethics to address permissible
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and prohibited activities of Commission members and
employees;
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l 7. Providing a mechanism for concluding the operations of
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the Commission and the equitable disposition of any
surplus funds that may exist after the termination of
the Compact after the payment and/or reserving of all of
its debts and obligations;
6 8. The Commission shall publish its Bylaws in a convenient
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form and file a copy thereof and a copy of any amendment
thereto, with the appropriate agency or officer in each
of the Compact States;
JO 9. The ·Commission shall maintain its financial records in
JI accordance with the Bylaws; and
Jl 10. The Commission shall meet and take such actions as are
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consistent with the provisions of this Compact and the
Bylaws.
IS D. The Commission shall have the following powers:
16 1. The authority to promulgate uniform rules to facilitate
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and coordinate implementation and administration of this
Compact. The rule shall have the force and effect of
law and shall be binding in all Compact States;
20 2. To bring and prosecute legal proceedings or actions in
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the name of the Commission, provided that the standing
of any State Psychology Regulatory Authority or other
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Page36 .B. NO.
regulatory body responsible for psychology licensure to
sue or be sued under applicable law shall not be
affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept or contract for services of
personnel, including, but not limited to, employees of a
Compact State;
5. To hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
Compact, and to establish the Commission's personnel
policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel
matters;
6. To accept any and all appropriate donations and grants
of money, equipment, supplies, materials and services,
and to receive, utilize and dispose of the same;
provided that at all times the Commission shall strive
to avoid any appearance of impropriety and/or conflict
of interest;
7. To lease, purchase, accept appropriate gifts or
donations of, or otherwise to own, hold, improve or use,
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any property, real, personal or mixed; provided that at
all times the Commission shall strive to avoid any
appearance of impropriety;
8. To sell, convey, mortgage, pledge, lease, exchange,
abandon or otherwise dispose of any property real,
personal or mixed;
7 9. To establish a budget and make expenditures;
8 10. To borrow money;
9 11. To appoint committees, including advisory committees
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comprised of Members, State regulators, State .
legislators or their representatives, and consumer
representatives, and such other interested persons as
may be designated in this Compact and the Bylaws;
14 12. To provide and receive information from, and to
IS cooperate with, law enforcement agencies;
16 13. To adopt and use an official seal; and
17 14. To perform such other functions as may be necessary or
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appropriate to achieve the purposes of this Compact
consistent with the state regulation of psychology
licensure, temporary in-person, face-to-face practice
and telepsychology practice.
E. The Executive Board
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1 The elected officers shall serve as the Executive Board,
2 which shall have the power to act on behalf of the Commission
3 according to the terms of this Compact.
4 1. The Executive Board shall be comprised of six members:
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a. Five voting members who are elected from the current
membership of the Commission by the Commission;
b. One ex-officio, nonvoting member from the recognized
membership organization composed of State and
Provincial Psychology Regulatory Authorities;
10 2. The ex-officio member must have served as staff or
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member on a State Psychology Regulatory Authority and
will be selected by its respective organization;
13 3. The Commission may remove any member of the Executive
14 Board as provided in Bylaws;
15 4. The Executive Board shall meet at least annually; and
16 5. The Executive Board shall have the following duties and
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responsibilities:
a. Recommend to the entire Conm1.ission changes to the
Rules or Bylaws, changes to this Compact legislation,
fees paid by Compact States such as annual dues, and
any other applicable fees;
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b. Ensure Compact administration services are
appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of member states and
provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in Rules or Bylaws.
F , Financing of the Commission:
1. The Commission shall pay, or provide for the payment of
the reasonable expenses of its establishment,
organization and ongoing activities;
2. The Commission may accept any and all appropriate
revenue sources, donations and grants of money,
equipment, supplies, materials and services;
3. The Commission may levy on and collect an ·annual
assessment from each Compact State or impose fees on
other parties to cover the cost of the operations and
activities of the Commission and its staff which must be
in a total amount sufficient to cover its annual budget
as approved each year for which revenue is not provided
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by other sources. The aggregate annual assessment
amount shall be allocated based upon a formula to be
determined by the Commission which shall promulgate a
4 rule binding upon all Compact States;
S 4. The Commission shall not incur obligations of any kind
6 prior to securing the funds adequate to meet the same;
7 nor shall the Commission pledge the credit of any of the
8 Compact States, except by and with the authority of the
9 Compact State; and
10 5. The Commission shall keep acc~~ate accounts of all
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receipts and disbursements. The receipts and
disbursements of the CQnunission shall be subject to the
audit and accounting procedures established under its
Bylaws. However, all receipts and disbursements of
funds handled by the Commission shall be audited yearly
by a certified or licensed public accountant and the
report of the audit shall be included in and become part
of the annual report of the Commission.
19 G. Qualified Immunity, Defense, and Indemnification
20 1. The members, officers, Executive Director, employees
21 and representatives of the Commission shall be immune
22 from suit and liability, either personally or in their
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official capacity, for any claim for damage to or loss
of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act,
error or omission that occurred, or that the person
against whom the claim is made had a reasonable basis
for believing occurred within the scope of Commission
employment, duties or responsibilities; provided that
nothing in this paragraph shall be construed to protect
any such person from suit and/or liability for any
damage, loss, injury or liability caused by the
intentional or willful or wanton misconduct of that
person;
13 2. The Commission shall defend any member, officer,
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Executive Director, employee or representative of the
Commission in any civil action seeking to impose
liability arising out of any actual or alleged act,
error or omission that occurred within the scope of
Commission employment, duties or responsibilities, or
that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope
of Conunission employment, duties or responsibilities;
provided that nothing herein shall be construed to
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prohibit that person from retaining his or her own
counsel; and provided further, that the actual or
alleged act, error or omission did not result from that
person's intentional or willful or wanton misconduct;
and
6 3. The Commission shall indemnify and hold harmless any
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member, officer, Executive Director, employee or
representative of the Commission for the amount of any
settlement or judgment obtained against that person
arising out of any actual or alleged act,. error or
omission that occurred within the scope of Commission
employment, duties or responsibilities, or that such
person had a reasonable basis for believing occurred
within the scope of Commission employment, duties or
responsibilities; provided that the actual or alleged
act, error or omission did not result from the
intentional or willful or wanton misconduct of that
person.
.ART:tCLB XX
RULBNfllUNG
21 A. The Commission shall exercise its rulemaking powers
22 pursuant to the criteria set forth in this Article and the Rules
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1 adopted thereunder. Rules and amendments shall become binding
2 as of the date specified in each rule or amendment.
3 B. If a majority of the legislatures of the Compact States
4 rejects a rule, by enactment of a statute or resolution in the
s same manner used to adopt the Compact, then such rule shall have
6 no further force and effect in any Compact State.
7 c. Rules or amendments to the rules shall be adopted at a
8 regular or special meeting of the Commission.
9 D. Prior to promulgation and adoption of a final rule or
10 Rules by the Commission, and at least sixty (60) days in advance
II of the meeting at which the rule will be considered and voted
12 upon, the Commission shall file a Notice of Proposed Rulemaking:
13 1. On the website of the Commission; and
14 2. On the website of each Compact State's Psychology
15 Regulatory Authority or the publication in which each
16 state would otherwise publish proposed rules.
17 E. The Notice of Proposed Rulemaking shall include:
18 1. The proposed time, date, and location of the meeting in
19 which the rule will be considered and voted upon;
20 2. The text of the proposed rule or amendment and the
21 reason for the proposed rule;
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1 3. A request for comments on the proposed rule from any
2 interested person; and
3 4. The manner in which interested persons may submit
4 notice to the Commission of their intention to attend
5 the public hearing and any written comments.
6 F. Prior to adoption of a proposed rule, the Commission
7 shall allow persons to submit written data, facts, opinions and
8 arguments, which shall be made available to the public.
9 G. The Commission shall grant an opportunity for a public
10 hearing before it adopts a rule or amendment if a hearing is
11 requested by:
12 1. At least twenty-five (25) persons who submit comments
13 independently of each other;
14 2. A governmental subdivision or agency; or
15 3. A duly appointed person in an association that has at
16 least twenty-five (25) members.
17 H. If a hearing is held on the proposed rule or amendment,
18 the Commission shall publish the place, time, and date of the
19 scheduled public hearing.
20 1. All persons wishing to be heard at the hearing shall
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notify the Executive Director of the Commission or other
designated member in writing of their desire to appear
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I and testify at the hearing not less than five (5)
2 business days before the scheduled date of the hearing;
3 2. Hearings shall be conducted in a manner providing each
4 person who wishes to comment a fair and reasonable
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opportunity to comment orally or in writing;
3. No transcript of the hearing is required, unless a
written request for a transcript is made, in which case
the person requesting the transcript shall bear the cost
of producing the transcript. A recording may be made in
lieu of a transcript under.the same terms and conditions
as a transcript. This subsection shall not preclude the
Commission from making a transcript or recording of the
hearing if it so chooses; and
4. Nothing in this section shall be construed as requiring
a separate hearing on each rule. Rules may be grouped
for the convenience of the Commission at hearings
required by this section.
I. Following the scheduled hearing date, or by the close
19 of business on the scheduled hearing date if the hearing was not
20 held, the Commission shall consider all written and oral
21 comments received.
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1 J. The Commission shall, by majority vote of all members,
2 take final action on the proposed rule and shall determine the
3 effective date of the rule, if any, based on the rulemaking
4 record and the full text of the rule.
s K. If no written notice of intent to attend the public
6 hearing by interested parties is received, the Commission may
7 proceed with promulgation of the proposed rule without a public
8 hearing.
9 L. Upon determination that an emergency exists, the
10 Commission ,,IJlnY consider and adopt an emergency rule without
11 prior notice, opportunity for comment, or hearing, provided that
12 the usual rulemaking procedures provided in the Compact and in
13 this section shall be retroactively applied to the rule as soon
14 as reasonably possible, in no event later than ninety (90) days
JS after the effective date of the rule. For the purposes of this
16 provision, an emergency rule is one that must be adopted
17 immediately in order to:
18 1. Meet an imminent threat to public health, safety, or
19 welfare;
20 2. Prevent a loss of Commission or Compact State funds;
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I 3. Meet a deadline for the promulgation of an
2 administrative rule that is established by federal law or
3 rule; or
4 4. Protect public health and safety.
S M. The Commission or an authorized committee of the
6 Commission may direct revisions to a previously adopted rule or
7 amendment for purposes of correcting typographical errors,
8 errors in format, errors in consistency, or grammatical
9 errors. Public notice of any revisions shall be posted on the
10 website of the Commission. The revision sh~i1 be subject to
JI challenge by any person for a period of thirty (30) days after
12 posting. The revision may be challenged only on grounds that
13 the revision results in a material change to a rule. A
14 challenge shall be made in writing, and delivered to the Chair
15 of the Commission prior to the end of the notice period. If no
16 challenge is made, the revision will take effect without further
17 action. If the revision is challenged, the revision may not
18 take effect without the approval of the Commission.
19 ARTICLE XJ:Z
20 OVERSl:Glft', Dl:SPtP.l'E USOLU!r:tON AND ENJ'ORCZNENT
21 A. Oversight:
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1 1. The Executive, Legislative and Judicial branches of
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state government in each Compact State shall enforce
this Compact and take all actions necessary and
appropriate to effectuate the Compact's purposes and
intent. The provisions of this Compact and the rules
promulgated hereunder shall have standing as statutory
law;
8 2. All courts shall take judicial notice of the Compact
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and the rules in any judicial or administrative
proceeding .jn, a Compact State pertaining to the subject
matter of this Compact which may affect the powers,
12 responsibilities or actions of the Commission; and
13 3. The Commission shall be entitled to receive service of
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process in any such proceeding, and shall have standing
to intervene in such a proceeding for all
purposes. Failure to provide service of process to the
Commission shall render a judgment or order void as to ·
the Commission, this Compact or promulgated rules.
19 B. Default, Technical Assistance, and Termination:
20 1. If the Commission determines that a Compact State has
21 defaulted in the performance of its obligations or
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responsibilities under this Compact or the promulgated
rules, the Commission shall:
a. Provide written notice to the defaulting state and
other Compact States of the nature of the default,
the proposed means of remedying the default and/or
any other action to be taken by the Commission; and
b. Provide remedial training and specific technical
a assistance regarding the default;
9 2. If a state in default fails to remedy the default, the
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defaulting state may be terminated from the compact upon
an affirmative vote of a majority of the Compact States,
and all rights, privileges and benefits conferred by
this Compact shall be terminated on the effective date
of termination. A remedy of the default does not
relieve the offending state of obligations or
liabilities incurred during the period of default;
17 3. Termination of membership in the Compact shall be
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imposed only after all other means of securing
compliance have been exhausted. Notice of intent to
suspend or terminate shall be submitted by the
Commission to the Governor, the majority and minority
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leaders of the defaulting state's legislature, and each
of the Compact States;
·3 4. A Compact state which has been terminated is
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responsible for all assessments, obligations and
liabilities incurred through the effective date of
termination, including obligations which extend beyond
the effective date of termination;
8 5. The Commission shall not bear any costs incurred by the
9 state which is found to be in default or which has been
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terminated from the Compact, unless agreed upon in
writing between the Commission and the defaulting state;
~nd
13 6. The defaulting state may appeal the action of the
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Commission by petitioning the U.S. District Court for
the state of Georgia or the federal district where the
Compact has its principal offices. The prevailing
member shall be awarded all costs of such litigation,
including reasonable attorney's fees.
19 C. Dispute Resolution:
20 1. Upon request by a Compact State, the Commission shall
21 attempt to resolve disputes related to the Compact which
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arise among Compact States and between Compact and Non-
Compact States; and
3 2. The Commission shall promulgate a rule providing for
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both mediation and binding dispute resolution for
disputes that arise before the Commission.
6 o. Enforcement:
7 1. The Commission, in the reasonable exercise of its
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discretion, shall enforce the provisions and Rules of
this Compact;
10 2. By majority vote, the Commission may initiate legal
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action in the United States District Court for the State
of Georgia or the federal district where the Compact has
its principal offices against a Compact State in default
to enforce compliance with the provisions of the Compact
and its promulgated Rules and Bylaws. The relief sought
may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing
member shall be awarded all costs of such litigation,
including reasonable attorney's fees; and
10 3. The remedies herein shall not be the exclusive remedies
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of the Commission. The Commission may pursue any other
remedies available under federal or state law.
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1 ARTXCLE Xl:%%
2 D.An 01' IMPLENENTA'l'J:ON 01' TBB PSYCBOltOGY DffBRJURISDJ:ClJ:ONAL
3 COMPAC'l' COYM%SSJ:ON AND ASSOCJ:ADD ROLBS, WI:TIIORAWAlt, AND
4 ANBNDMBHTS
S A. The Compact shall come into effect on the date on which
6 the Compact is enacted into law in the seventh Compact State.
7 The provisions which become effective at that time shall be
8 limited to the powers granted to the Commission relating to
9 assembly and the promulgation of rules. Thereafter, the
JO Commission shall meet and exercise rulemaking powers necessary
11 to the implementation and administration of the Compact.
12 B. Any state which joins the Compact subsequent to the
13 Commission's initial adoption of the rules shall be subject to
14 the rules as they exist on the date on which the Compact becomes
1S law in that state. Any rule which has been previously adopted
16 by the Commission shall have the full force and effect of law on
17 the day the Compact becomes · law in that state.
18 c. Any Compact State may withdraw from this Compact by
19 enacting a statute repealing the same.
20 1. A Compact State's withdrawal shall not take effect
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until six (6) months after enactment of the repealing
statute; and
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l 2. Withdrawal shall not affect the continuing requirement
2 of the withdrawing State's Psychology Regulatory
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Authority to comply with the investigative and adverse
action reporting requirements of this act prior to the
effective date of withdrawal.
6 o. Nothing contained in this Compact shall be construed to
7 invalidate or prevent any psychology licensure agreement or
8 other cooperative arrangement between a Compact State and a Non-
' Compact State which does not conflict with the provisions of
10 this Compact .
11 E. This Compact may be amended by the Compact States. No
12 amendment to this Compact shall become effective and binding
13 upon any Compact State until it is enacted into the law of all
14 Compact States.
15 ma'l:CLB X%V
1Ci CONSD.UCT:CON AND SBVBRABll:Cft
17 This Compact shall be liberally construed so as to effectuate
18 the purposes thereof. If this Compact shall be held contrary to
19 the constitution of any state member thereto, the Compact shall
20 remain in full force and effect as to the remaining Compact
21 States.
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1 § -3. Ru1es. The department of commerce and consumer
2 affairs shall adopt rules pursuant to chapter 91 for the
3 purposes of implementing and administering this chapter. "
4 SECTION 2. This Act shall take effect upon its approval.
5
6 INTRODUCED BY: ---------------
7 paf:clm:25-068d
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A BILL FOR AN ACT
RELATING TO TOBACCO PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds that tobacco use remains
2 the leading cause of preventable death in the United States,
3 including Hawaii. The legislature further finds that there has
.-4" been a precipitous increase in recent consumer sa1e-s of
S electronic smoking devices, sometimes called "vapes" or "e-
6 cigarettes," which contain significantly higher levels of
7 nicotine per inhalation compared to conventional cigarettes.
8 These devices have been linked to severe lung disease, potential
9 harm to brain development, and acute nicotine poisoning.
10 The legislature finds that counties are uniquely positioned
11 to quickly address the health habits of their communities, such
12 as youth vaping, and have been utilizing that ability to great
13 success. Historically, Hawaii has passed forward-th~nking
14 legislation to address the high usage of tobacco products.
15 These policies were first adopted at the county level to quickly
1
.B. NO.
1 address the counties' need to protect their communities from the
2 relentless promotional targeting by tobacco companies.
3 Regulations to raise the minimum age for the purchase of tobacco
4 products to twenty-one years of age was first passed in the
S county of Hawaii, followed by other counties, and finally by the
6 State to create uniformity. Likewise, laws that prohibit
7 smoking in certain locations, as well as in motor vehicles when
8 a keiki is present, were also initially adopted at the county
9 level before the State took action.
10 The legislature acknowledges that section 328J-ll.5(a),
11 Hawaii Revised Statutes, provides that "[s] ales of cigarettes,
12 tobacco products, and electronic smoking devices are a statewide
13 concern" and that it is "the intent of the legislature to
14 regulate the sale of cigarettes, tobacco products,. and
15 electronic smoking devices in a uniform and exclusive manner."
16 Section 328J-11. 5 (b), Hawaii Revised Statues, preempts "[a] 11
17 local ordinances or regulations that regulate the sale of
18 cigarettes, tobacco products, and electronic smoking devices"
19 and voids "existing local laws and -regulations conflicting with"
20 chapter 328J, Hawaii Revised Statutes, which is the State law
21 that regulates smoking. The tobacco industry has historically
2
.B. NO.
1 used preemption as a tactic to prevent local governments from
2 adopting stronger tobacco control measures, thereby protecting
3 its interests at the expense of public health.
4 Section 328J-ll.S(c), Hawaii Revised Statutes, carves out
5 an exception to the exclusivity of state regulations by setting
6 forth that nothing in chapter 328J, Hawaii Revised Statutes,
7 "shaLl be construed to limit a county's authority" to adopt
8 ordinances; provided that the ordinance is more stringent than
9 state law. The legislature acknowledges that the language in
10 section 328J-11.S, Hawaii Revised Statutes, read together with
11 section 328J-15, Hawaii Revised Statutes, may create an
12 ambiguity in the effectiveness of county ordinances that are not
13 in conflict with chapter 328J, Hawaii Revised Statutes, and the
14 authority given to the counties in adopting ordinances that
15 regulate the sale of cigarettes, tobacco products, and
16 electronic smoking devices in their communities.
17 The legislature finds that an adaptive regulation system is
18 needed to address the multibillion-dollar marketing campaigns of
19 tobacco companies focused on our youth. All levels of
20 government, including counties, need to collaborate to quickly
21 address the tobacco companies' predatory practices through the
3
.B. NO.
1 implementation of reasonable restrictions on the sale of and
2 access to these addictive products.
3 Accordingly, the purpose of this Act is to:
4 (1} Repeal existing law that provides that all local
S ordinances or regulations that regulate the sale of cigarettes,
6 tobacco products, and electronic smoking devices are preempted
7 and that existing local laws and regulations conflicting with
8 the State law on smoking are null and void; and
9 (2) Clarify that counties retain the authority to adopt
10 ordinances that regulate the sale of.cigarettes, tobacco
11 products, and electronic smoking devices, as long as the
12 ordinances do not conflict with and are more stringent than the
13 State law on smoking.
14 SECTION 2. Section 328J-11.5, Hawaii Revised Statutes, is
15 amended to read as follows:
16 "[-f]§328J-ll.S[t] Statewide concern. (a) Sales of
17 cigarettes, tobacco products, and electronic smoking devices are
18 a statewide concern. It is the intent of the legislature to
19 regulate the sale of cigarettes, tobacco products, and
20 electronic smoking devices in a uniform [and eJEeluoh1 e]
21 manner(.] to the extent reasonabl y p ossible .
4
.B. NO.
1 [(b) ~11 local ordinances er regulations that regulate the
2 sale of cigarettes, tobacco products, and electronic smoking
3 devices arc preempted, and existing local laws and regtilatieae
4 conflicting with this chapter arc null and void.
5 -fe+,J (b) Nothing in this chapter shall be construed to
6 limit a county's authority [uader] to enact ordinances that
7 reg ulate the sale of cig arettes , tobacco p roducts, and
8 electronic smoking devices within the count y in accordance with
9 section 328J-15 ."
SECTION 3. Section 328J-15, Hawaii Revised Statutes, is
11 amended by amending subsection (bl to read as follows:
12 "(b) Nothing in this chapter shall prohibit a county from
13 enacting ordinances that reg ulate the sale of cig arettes,
14 tobacco p roducts, and electronic smoking devices within the
15 count y ; p rovided that the ordinances do not directl y conflict
16 with and are more stringent than the p rovisions of this
17 chapter. "
18 SECTION 4. This Act does not affect rights and duties that
19 matured, penalties that were incurred, and proceedings that were
20 begun before its effective date.
5
.B. NO.
1 SECTION 5. Statutory material to be repealed is bracketed
2 and stricken. New statutory material is underscored.
3 SECTION 6. This Act shall take effect upon approval.
4
s
6
INTRODUCED BY: ----------------
6
Report Title:
Hawai'i State Association of Counties ("HSAC"); Hawaii State Association of Counties;
HSAC Legislative Package; Cigarettes; Tobacco; Electronic Smoking Devices; Vaping;
Counties
The summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.
OCS2025-0684/9/2/2025 1 :33 PM
HONOLULU CITY COUNCIL
KE KANIHELA O KE KALANA O HONOLULU
CITY AND COUNTY OF HONOLULU
RESOLUTION
No. __ l._.5"--__,2_7---.2 __
RELATING TO THE INCLUSION OF A PROPOSAL IN THE 2026 HAWAl'f STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE TO AFFIRM THE
AUTHORITY OF THE COUNTIES TO REGULATE THE DEVELOPMENT OF
AFFORDABLE HOUSING.
WHEREAS, the Hawai'i State Association of Counties ("HSAC") is composed of
the members of all four county councils of the State of Hawai'i ("State"); and
WHEREAS, each year, HSAC considers, adopts, and transmits legislative
priorities to the Hawai'i State Legislature ("Legislature") for consideration; and
WHEREAS, the current median single family home price in the State has
increased to just under $1 million, far surpassing the national average and resulting in
fewer local residents who are able to afford to buy a home; and
. WHEREAS, the lack of affordable housing continues to be one of the most
significant and challenging problems faced by afl four counties; and
WHEREAS, the 2024 Hawai'i Housing Planning Study (the "Study") found that
the Hawai'i housing market is in crisis and conditions continue to worsen for residents
across all four counties; and
WHEREAS, the Study further reported that the number of vacant availabie
housing units in the State dropped 20.7 percent between 2017 and 2022, with an
estimated need of an additional 64,490 units needed through 2027, in order to meet
current and projected housing demand; and
WHEREAS, the Study also found that of the units needed to meet demand, 65
percent must be at levels affordable for households earning 80 percent of the area
median income and below; and
WHEREAS, the Hawai'i Housing Finance and Development Corporation
("HHFDC") was established in 2006 and is the primary agency charged with carrying
out the State's affordable housing finance and development functions; and
WHEREAS, the HHFDC collaborates with private developers, other State
agencies, the four counties, and the federal government to develop affordable housing
across the State; and
OCS2025-0707/9/9/2025 3:51 PM 1
HONOLULU CITY COUNCIL
KE KANIHELA O KE KALANA O HONOLULU
CITY AND COUNTY OF HONOLULU
RESOLUTION
No. __ 2_5_-_2_7 _2_
WHEREAS, Act 294, Session Laws of Hawaii 2025 ("Act 294"), was signed into
law by the Governor on July 3, 2025, and, among other things, amends Section 201 H-
38, Hawaii Revised Statutes, to stipulate that county legislative bodies are prohibited
from the following:
(1) Imposing stricter conditions than the HHFDC;
(2) Imposing stricter median income requirements than the HHFDC; or
(3) Reducing fee waivers that will increase the cost of the project beyond
those approved by the HHFDC; and
WHEREAS, this amendment significantly restricts the counties' ability to make
substantive changes to housing projects approved by the HHFDC that may better reflect
the needs of the local community; and
WHEREAS, the Department of Planning and Permitting (11DPP") submitted
written testimony in opposition to Act 294, then Senate Bill 38, SD2, HD1 (2025), at the
April 2, 2025, Hawai'i State House of Representatives' Committee on Judiciary and
Hawaiian Affairs hearing; and
WHEREAS, in its testimony, the OPP expressed concern that prohibiting county
legislative bodies from imposing necessary conditions on the development of affordable
housing may negate the quality of the counties' review and places the HHFDC as a
higher authority than the county legislative bodies; and
WHEREAS, the OPP also highlighted that the HHFDC does not hold public
hearings for its proposed affordable housing projects and thus, the HHFDC may lack
critical information and be unaware of issues and community concerns that frequently
arise during county legislative hearings; and
WHEREAS, further, the OPP questioned whether the HHFDC has jurisdiction to
determine what fee waivers, if any, are applicable to a proposed affordable housing
project and noted that if HHFDC grants a fee waiver that is not legally supportable, the
entire project may be denied rather than simply modified; and
OCS2025-0707/9/9/2025 3:51 PM 2
HONOLULU CITY COUNCIL
KE KANIHELA O KE KALANA O HONOLULU
CITY AND COUNTY OF HONOLULU
RESOLUTION
No. --"'-2 Saa..--.----'-2 _7 _2 __
WHEREAS, the City Council ("Council") strongly believes that the counties'
legislative processes are critical to ensure the transparency, legitimacy, and suitability of
HHFDC proposed affordable housing projects in all four counties; and
WHEREAS, the Council further believes that counties should be empowered to
make significant, substantive amendments to HHFDC proposed housing projects in
order to best reflect the unique needs and concerns of local communities where these
housing projects are proposed for development; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
hereby approves for inclusion in the 2026 Hawai'i State Association of Counties
legislative package, proposed legislation to affirm the authority of the counties to
regulate the development of affordable housing, attached hereto as Exhibit A; and
BE IT Fl NALLY RESOLVED that a copy of this resolution be transmitted to the
President of the Hawai'i State Association of Counties.
DATE OF INTRODUCTION:
SEP 2 4 2025
Honolulu, Hawai'i Councilmembers
OCS2025-0707/9/9/2025 3:51 PM 3
EXHIBIT A
.B. N O.
A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 201H-38, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows:
3 "{a) The corporation may develop on behalf of the State or
4 with an eligible developer, or may assi$t under a government
5 assistance program in the development of, housing projects that
6 shall be exempt from all statutes, charter provisions,
7 ordinances, and rules of any government agency relating to
8 planning, zoning, construction standards for subdivisions,
9 development and improvement of land, and the construction of
10 dwelling units thereon; provided that[+] either:
11 {1) The housing projects meet the following conditions:
12
13
14
(A) The corporation finds the housing project is
consistent with the purpose and intent of this
chapter, and meets minimum requirements of health
1
1
2
3
4
s
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
.B. NO.
and safety [, and provides the county an
opportunity to cofftffl:ent];
(B) The developme~t of the proposed housing project
does not contravene any safety standards,
tariffs, or rates and fees approved by the public
utilities commission for public utilities or of
the various boards of water supply authorized
under chapter 54;
(Cl The legislative body of the county in which the
housing project is to be situated has approved
the project with or without modifications:
(i) The legislative body shall approve, approve
with modification, or disapprove the project
by resolution within forty-five days after
the corporation has submitted the
preliminary plans and specifications for the
project to the legislative body [; provided
further that the legislative body shall not
impose stricter conditions, impose stricter
median income requirements, or reduce fee
waivers that will increase the cost of the
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
(ii}
(iii}
.B. N O.
project beyond those approved by the
corporation]. If, on the forty-sixth day, a
project is not disapproved, it shall be
deemed approved by the legislative body;
No action shall be prosecuted or maintained
against any county, its officials, or
employees on account of actions taken by
them in reviewing, approving, modifying, or
disapproving the plans and specifications;
and
The final plans and specifications for the
project shall be deemed approved by the
legislative body if the final plans and
specifications do not substantially deviate
from the preliminary plans and
specifications. The final plans and
specifications for the project shall
constitute the zoning, building,
construction, and subdivision standards for
that project. For purposes of sections 501-
85 and 502-17, the executive director of the
3
1
2
3
4
5
6
7
8
9
11
12
13
14
15
16
17
18
19
20
21
{2)
.B. NO.
corporation or the responsible county
official may certify maps and plans of lands
connected with the project as having
complied with applicable laws and ordinances
relating to consolidation and subdivision of
I
lands, and the maps and plans shall be
accepted for registration or recordation by
the land court and registrar; and
{D) The land use commission has approved, approved
with modification, or disapproved a boundary
change within forty-five days after the
corporation has submitted a petition to the
commission as provided in section 205-4. If, on
the forty-sixth day, the petition is not
disapproved, it shall be deemed approved by the
commission; or
The housing projects:
(A)
(B)
Meet the conditions of paragraph {1);
Do not impose stricter income requirements
than those adopted or established by the
State; and
4
1
2
3
4
5
( C)
.B. NO.
For the lifetime of the project, require
that one hundred per cent of the units in
the project be exclusively for qualified
residents."
SECTION 2. Statutory material to be repealed is bracketed
6 and stricken. New statutory material is underscored.
7
8
9
10
SECTION 3. This Act shall take effect upon approval.
INTRODUCED BY: ----------------
5
Report Title:
HHFDC; Housing Development; Counties; Stricter Conditions; Fee
Waivers
Description:
Repeals all substantive amendments to Section 201H-38, Hawaii
Revised Statutes, that were enacted by Act 294, Session Laws of
Hawaii 2025, including provisions that require the Hawaii Housing
Finance and Development Corporation to provide counties with an
opportunity to comment on certain housing development projects,
and prohibit county . legislative bodies from imposing stricter
conditions than the Hawaii Housing Finance and Development
Corporation, stricter area median income requirements; or a
reduction in fee waivers to housing development proposals that
would increase the cost of the project.
The summary description of legislation appearing on this page is
for information purposes only and is not legislation or evidence
of legislative intent.
Report Title:
Hawai'i State Association of Counties ("HSAC"); Hawaii State Association of Counties;
HSAC Legislative Package; Act 294, Session Laws of Hawaii 2025; Affordable Housing;
Hawaii Housing Finance and Development Corporation ("HHFDC"); 201 H Projects;
County Authority
The summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.
OCS2025-0707/9/9/2025 3:51 PM
.B. NO.
A BILL FOR AN ACT
RELATING TO FAMILY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 584, Hawaii Revised Statutes, is
2 amended by adding a new section to be appropriately designated
3 and to read as follows:
4 "§584-Domestic abuse; exemp tion from mediation in
s p aternity p roceeding s . (a) In contested p aternit y p roceedin g s
6 where there are alle g ations of domestic abuse, or a temporar y
7 restrainin g order or a p rotective order is in effect with
8 res p ect to the p arties, the court shall not re q uire a p art y
9 alle g in g the domestic abuse to p artici p ate in an y com p onent of
10 an y mediation p ro g ram a g ainst the wishes of that p art y .
11 (b) If a p art y has alle g ed domestic abuse or if a
12 temporar y restrainin g order or a p rotective order is in effect
13 with res p ect to the p arties, the court ma y order mediation or
14 refer either p art y to mediation onl y if:
15
16
(1) Mediation is authorized b y the alleged victim of the
domestic abuse; and
1
/
2
3
4
5
.B. NO.
(2) Mediation is provided, in a s p ecialized manner that
p rotects the safet y of the alle g ed victim, b y a
mediator who is trained in the field of domestic
abuse.
(c) A mediator who receives a referral or an order from a
6 court to conduct mediation shall screen for the occurrence of
7 domestic abuse between the parties. A mediator shall not en g a g e
8 in mediation when it a ppears to the mediator, or when either
9 p art y asserts, that domestic abuse has occurred, unless:
10
11
12
13
14
15
16
Jll Mediation is authorized b y the alle g ed victim of the
domestic abuse; and
ill Mediation is p rovided, in a s p ecialized manner that
p rotects the safet y of the alle g ed victim, b y a
mediator who is trained in the field of domestic
abuse.
(d) As used in this section, "domestic abuse" has the same
17 meanin g as in section 58 6-1."
18 SECTION 2. Section 580-41.5, Hawaii Revised Statutes, is
19 amended to read as follows:
20 "§580-41.5 [Battered spouses;] Domestic abuse; exemption
21 from mediation in divorce proceedings. (a) In contested
22 divorce proceedings where there are allegations of [spousal]
2
.B. NO.
1 domestic abuse, the court shall not require a party alleging the
2 [spousal) domestic abuse to participate in any component of any
3 mediation program against the wishes of that party.
4 (b) A mediator who receives a referral or order from a
5 court to conduct mediation shall screen for the occurrence of
6 [family violenec) domestic abuse between the parties. A
7 mediator shall not engage in mediation when it appears to the
8 mediatorL or when either party assertsL that [family violence]
9 domestic abuse has occurredL unless:
10
11
12
13
14
15
16
17
18
19
20
21
22
(1) Mediation is authorized by the alle g ed victim of the
[alleged family violence;] domestic abuse; and
(2) Mediation is providedL in a specialized manner that
protects the safety of the alle g ed victimL by a
mediator who is trained in [family violence; and
-t-3+-The victim is permitted to have in attendance at
mediation, a supporting person of the victim's choice
ineluding but not limited to an attorney or advoeate.
If the victim chooses to eHereise such option, any
other party to the mediation will be permitted to have
in attendance at mediation, a supporting person of the
party's choice including but not limited to an
attorney or advocate.] the field of domestic abuse .
3
.B. NO.
(c) In a proceeding concerning the custody or visitation
2 of a child, if a temporar y restrainin g order or a protective
3 order is in effect[,] with regard to the p arties, the court
4 shall not require a party alleging [fafflily violence] domestic
5 abuse to participate in any component of any mediation program
6 against the wishes of that party.
7 (d) In a proceeding concerning the custody or visitation
8 of a child, if [there is an allegation of family violence]~
9 p art y has alleged domestic abuse and a temp orary restrainin g
10 order or a protective order is not in effect[,] with re g ard to
II the p arties, the court may order mediation or refer either party
12 to mediation only if:
13
14
15
16
17
18
19
20
21
22
(1) Mediation is authorized by the alle g ed victim of the
[alleged family violence;] domestic abuse; and
(2) Mediation is providedL in a specialized manner-that
protects the safety of the alleg ed victimL by a
mediator who is trained in [family violence; and
~ The victim is permitted to have in attendance at
mediation, a supporting person of the victim's choice
including but not limited to an attorney or advocate.
If the victim chooses to eHercioe such option, any
other party to the mediation will be permitted to have
4
2
3
4
.B. NO.
in attendance at mediation, a supporting person of the
party's choice including but not limited to an
attorney or advocate.] the field of domestic abuse.
(e) As used in this section, "domestic abuse" has the same
5 meanin g as in section 586-1."
6 SECTION 3. This Act does not affect rights and duties that
7 matured, penalties that were incurred, and proceedings that were
8 begun before its effective date.
9 SECTION 4. Statutory material to be repealed is bracketed
10 and stricken. New statutory material is underscored.
1J SECTION 5. This Act shall take effect upon its approval.
12
13
14
INTRODUCED BY: -----------------
5
Report Title:
Paternity Proceedings; Divorce Proceedings; Domestic Abuse;
Mediation
Description:
Establishes an exemption from mediation in paternity proceedings
where there are allegations of domestic abuse. Clarifies the
exemption from mediation in divorce proceedings as it relates to
domestic abuse.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
Report Title:
Hawai'i State Association of Counties ("HSAC"); Hawaii State Association of Counties;
HSAC Legislative Package; Mediation Exemption; Paternity Proceedings; Domestic
Abuse; Counties
The summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.
OCS2025-0710/9/8/2025 2:51 PM
.B. N O.
A BILL FOR AN ACT
RELATING TO FIREARMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds that the State's gun
2 buyback program offers residents a safe way to dispose of
3 unwanted or unlawful firearms, including automatic firearms;
4 semi-automatic rifles; and unregulated, unseria~ized "ghost
5 guns." The program offers participants up to $200 in Foodland
6 Farms gift cards in exchange for each firearm and allows the
7 firearm owner to remain anonymous. The program's goal is to
8 allow law enforcement officers to properly dispose of the
9 weapons and to reduce the number of firearms in the State that
10 could be used for criminal activities. In April 2025, a gun
11 buyback event on the island of Oahu collected an estimated three
12 hundred sixty-seven firearms of all types in exchange for
13 $37,900 in Foodland gift cards distributed by the department of
14 law enforcement; and in August 2025, the Honolulu police
15 department, in partnership with the department of law
16 enforcement, collected eighty-three firearms, including five
17 unregistered ghost guns and eleven replica guns, and distributed
1
.B. N O.
1 seventy-nine gift cards valued at $100 each. The program also
2 offers free gun locks to help support the safe storage of guns
3 in the home. The legislature believes that the gun buyback
4 program helps reduce firearm-related assaults and suicides, and
5 gun-related accidents involving children.
6 Accordingly, the purpose of this Act is to appropriate
7 funds to the department of law enforcement for the establishment
8 of a gun buyback program to enable gun buyback events to be held
9 in each county of the State at least twice a year.
10
11
SECTION 2. There is appropriated out of the general
revenues of the State of Hawaii the sum of$ or so
12 much thereof as may be necessary for fiscal year 2026-2027 to
13 establish and implement a gun buyback program to encourage the
14 voluntary surrender of firearms in the State; provided that gun
15 buyback events shall be held in each of the four counties at
16 least twice a year.
17 The sum appropriated shall be expended by the department of
18 law enforcement for the purposes of this Act.
19
20
21
22
SECTION 3. This Act shall take effect on July 1, 2026.
INTRODUCED BY:
2
Report Title:
OLE; Gun Buyback; Appropriation
Description:
Appropriates funds to the Department of Law Enforcement for the
establishment and implementation of a State Gun Buyback Program.
Takes effect 7/1/2026.
The summary descriptipn of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
Report Title:
Hawai'i State Association of Counties ("HSAC"); Hawaii State Association of Counties;
HSAC Legislative Package; Guns; Firearms; Gun Buyback; Counties
The summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.
OCS2025-0709/9/8/2025 10:08 AM
.B. N O.
A BILL FOR AN ACT
RELATING TO GUN VIOLENCE PREVENTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
l SECTION 1. The legislature finds that gun violence in the
2 United States is on the rise and is among the leading causes of
3 premature and preventable death in the United States. The
4 ·legislature finds that while Hawaii has one of the strongest gun
5 safety laws and one of the lowest rates of gun deaths in the
6 nation, the State is not immune to a rising incidence of gun
7 violence, including gun homicides and gun suicides.
8 The legislature finds that Act 150, Session Laws of Hawaii
9 2019 (Act 150), establishes a preventative gun violence
10 protective order law that authorizes a law enforcement officer,
11 family or household member, medical professional, educator, or
12 colleague to petition a court to temporarily prevent or remove
13 an individual's access to firearms if the individual poses a
14 danger to themselves or others. Act 150 requires county police
15 departments to take temporary custody of any and all firearms
1
.8. NO.
1 and ammunition for safekeeping from an individual that is the
2 subject of a gun violence protective order.
3 The legislature additionally finds that since the
4 implementation of Act 150, the use and effectiveness of the law
5 will be greatly improved through sufficient funding for
6 community-based gun violence intervention initiatives to allow
7 State and county law enforcement agencies and stakeholders to
8 conduct public awareness campaigns and improve public access to
9 information through educational and informational opportunities
10 for Hawaii residents on the use of gun violence protective
11 orders.
12 The legislature finds that State and county law enforcement
13 agencies are uniquely positioned to provide community outreach
14 and community-based gun violence intervention initiatives.
15 Training on gun violence protective orders is necessary to
16 assist county police departments in taking preventative action
17 by assessing whether a gun violence protective order or a
18 referral to mental health resources is appropriate for a person
19 exhibiting warning signs or threatening behavior who is at risk
20 of committing gun violence.
2
1
2
3
4
5
6
7
.B. NO.
safety, intervention, and prevention through gun
violence protective order laws and recognizing the
rights of individuals to take action to protect
themselves and others from situations that may
escalate or result in gun violence.
SECTION 2. There is appropriated out of the general
revenues of the State of Hawaii the sum of$ or so
8 much thereof as may be necessary for fiscal year 2026-2027 to
9 carry out the purposes of this Act, for staffing and
10 administrative costs, including the hiring of personnel, to
11 effectuate enforcement of gun violence protective orders in
12 accordance with part IV of chapter 134, Hawaii Revised Statutes.
13 The sum appropriated shall be expended by the judiciary.
14
15
SECTION 3. There is appropriated out of the general
revenues of the State of Hawaii the sum of$ or so
16 much thereof as may be necessary for fiscal year 2026-2027 to
17 carry out the purposes of this Act, to conduct community-based
18 gun violence intervention initiatives, including public
19 awareness campaigns on gun violence protective orders.
20 The sum appropriated shall be expended by the department of
21 law enforcement.
4
.B. NO.
1 SECTION 4. This Act shall take effect on July 1, 2026.
2
3 INTRODUCED BY: ----------------
5
Report Title:
Gun Violence Protective Orders; Public Awareness Campaigns;
Appropriation
Description:
Appropriates funds to the Judiciary for the enforcement of gun
violence protective orders. Appropriates funds to the
Department of Law Enforcement to conduct public awareness
campaigns on gun violence protective orders. Takes effect
7/1/2026.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
1
Report Title:
Hawai'i State Association of Counties ("HSAC"); Hawaii State Association of Counties;
HSAC Legislative Package; Red Flag Laws; Gun Violence; Public Awareness
Campaigns; Honolulu Police Department; Act 150, Session Laws of Hawaii 2019;
Enforcement; Fund
The summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.
OCS2025-0711/9/9/2025 1 :28 PM
.B. N O.
A BILL FOR AN ACT
RELATING TO WATER POLLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds that the water pollution
2 control revolving fund loan program is a federal-state
3 partnership that assists in financing the construction of water
4 pollution control projects necessary to prevent contamination of
5 groundwater and coastal resources, and to protect the health,
6 safety, and welfare of the State. To achieve these purposes,
7 the program provides low-interest loans to state and county
8 agencies to construct water pollution control projects. Since
9 1991, this program has provided approximately $1.3 billion in
10 low-interest loans to 132 water pollution control projects.
11 The legislature further finds that the quality of the
12 environment and the economy of the State are both of utmost
13 importance to the welfare of the people of Hawaii and that there
14 is increasing demand for the improvement of wastewater system
1
.B. NO.
1 infrastructure in the State, the delay of which could pose
2 health hazards for residents statewide.
3 The legisliture additionally finds that further
4 capitalization of this program will advance water pollution
S prevention and control projects in the State.
6 Accordingly, the purpose of this Act is to appropriate
7 additional capitalization funds to the Water Pollution Control
8 Revel ving Fund.
9 SECTION 2. There is appropriated out of the general
10 revenues of the State of Hawaii the sum of$ or so
11 much thereof as may be necessary for fiscal year 2026-2027 to
12 carry out the purposes of this Act.
13 The sum appropriated shall be expended by the department of
14 health for the purposes of this Act.
15
16
17
SECTION 3. This Act shall take effect on July 1, 2026.
INTRODUCED BY: ----------------
2
Report Title:
Department of Health; Water Pollution Control Revolving Fund;
Wastewater; Water Pollution; Appropriation
Description:
Appropriates funds to the Department of Health to further
capitalize the Water Pollution Control Revolving Fund for
purposes of providing additional low-interest loans to eligible
projects. Takes effect 7/1/2026.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
Report Title:
Hawai'i State Assqciation of Counties ("HSAC"); Hawaii State Association of Counties;
HSAC Legislative Package; Water Pollution Control Revolving Fund; Water; Pollution;
Fund; Counties
The summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.
OCS2025-07 46/9/22/2025 1: 13 PM
THE SENATE
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII S.B. N O.
A BILL FOR AN ACT
RELATING T-0 GENERAL EXCISE TAX.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAW All:
1 SECTION 1. The legislature finds the need t.o extend the
2 county surcharge on -state general excise taxes, whi.ch was
3 enacted by Act 24 7, Session Laws of Hawaii 2.005.
4 SECTION 2. Section 46-16.8, Hawaii Revised Statutes, is
5 amended as follows:
6 L By amending subsections (b) and (c) to read:.
7 "(b:) Each county that has established a surcharge on state
8 tax before July 1 ., 2015, under authority of subsecti.on (a) may
9 extend the surcharge until December 31, [2030,J 2045, at the
10 same rates. A county electing to extend this surcharge shall do
11 so by ordinance; provided that:
12
13
14
15
16
(1) No ordinance shall be adopted until the county has
conducted a public hearing on the proposed ordinance;
and
(2) The ordinance shall be adopted before January 1,
("2018.] 2028.
1
Page2 S.8. NO.
1 A county electing to exercise the authority granted under
2 this subsection sha.11 notify the director of taxation within ten
3 days after the county has adopted an ordinance extending the
4 surcharge on state tax. The director of taxation shall levy,
5 assess, collect, and otherwise administer the extended surcharge
6 on state tax.
7 (c) Each county that has not established a surcharge
8 pursuant to subsection (a) on state tax before July 1, 2015, may
9 establish the surcharge at the rates enumerated in sections 237-
10 8. 6 and 238--2. 6. A county electing to establish this surcharge
11 shall do so by ordinance;· provided that:
12
13
14
15
16
(1) No ordinance shall be adopted until the county has
conducted a public hearing on the proposed ordinance;
(2) The ordinance shall be adopted before December 31,
2023; and
(3) No county surcharge on state tax that may be
17 authorized under this subsection shall be levied
18 before January 1, 2019, or after December 31, [2030.]
19 2045.
20 A county electing to exercise the authority granted under
21 this subsection shall notify the director of taxation within ten
2025-0095 SB SMA.docx
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Page3 S.B. NO.
1 days after the county has adopted a surcharge on state tax
2 ordinance.. Beginning on January 1, 2019, January 1, 2020,
3 January 1, 2024, or January 1, 2025 1 as applicable pursuant to
4 sections 237-8. 6 and 238-2. 6, the director of taxation shall
5 levy, as.sess, collect, and otherwise administer the county
6 surcharge on state tax."
2. By amending subsection (g) to read·: 7
8 "(g) Each county having a population. equal to or less than
9 five hundred thousand that adopts a county surcharge on state
10 tax ordinance pursuant to this section shall use the surcharges
11 received from the State for:
12
13
14
15
16
17
18
19
20
(1) Operating or capital costs of public transportation
within each county for public transportation systems,
including:
(A) Public roadways or highways;
(B) Public buses;
(C) Trains;
(,D) Fe.rries;
(E) Pedestrian paths or sidewalks; or
(F) Bicycle. paths~
2025-0095. SB SMA. docx
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Page4 S.B. N O.
Expenses in complying with the Americans with
Disabilities Act of 1990 with respect to paragraph
(1) _; and
(3) Housing .infrastructure costs; provided that a county
that uses surcharge revenues for housing
infrastructure sha.11 not pass on those housing
infra.structure costs to the developer of a housing
project[; provided further that this paragraph shall
apply only if a eounty amended its surcharge ordinance
pursuant to subsection (d) or adopts~a county
surcharge on state ta:lf ordinance after Beeember 31,
2022,
provided that eaeh county having a population equal to or less
than five hundred thousand that adopts a county surcharge on
state tax ordinance pursuant te. this scetiee after December 31,
2022, shall use the surcharge revenues received from the State
only for the purposes described in paragraph (3) for county
appropriated housing infrastructure costs]."
SECTION 3. Section 237-8.6, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
2025-0095 SB SMA.docx
IIIIIIIBIIIIU~IIIIIIID~ml
4
Page5 S.S. N O.
1 "(bl Each county surcharge on state tax that may be
2 adopted, extended, or amended pursuant to section 46-16.8 shall
3 be levied beginning in a taxable year after the adoption of the
4 relevant county ordinance; provided that no surcharge on state
5 tax may be levied:
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14
15
16
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(1) Before:
(A) January 1, 2007, if the county surcharge on state
tax was established by an ordinance adopted
before December 31,, 2005;
(B) January 1, -2019, if the county surcharge on state
tax was established by the adoption of an
ordinance after June 30, 2015, but before June
30, 2018;
(C) January 1, 2020, if the county surcharge on state
tax was established by the adoption of an
ordinance on or after June 30, 2018, but before
March 31, 2019;
(D) January 1, 2024, if the county surcharge on state
tax was established by the adoption of an
ordinance on or after March 31, 2019, but before
August 1, 2023; or
2025-0095 SB SMA.docx 5
IIIDIIWDOOlffll~!lfflllll~II~
Page6 S.B. N O.
1
2
3
4
5
6
{EJ January 1, 2025, if the county surcharge on state
tax was established by the adoption of an
ordinance on or after August 1, 2023, but before
December 31, 2023; and
{2) After December 31, [2030.] 2045."
SECTION 4. Act 247,, Session Laws of Hawaii -2005, as
7 amended by Act 240,. Session Laws of Hawaii 2015, as amended by
8 Act 1, Special Session Laws of 2017, is amended by amending
9 section 9 to read as follows:
"SECTION 9. This Act shall take effect upon its ·,approva.l;
11 provided that -::
12
13
14
15
16
17
18
19
20
(1.) If none of the counties of the State adopt an
or.dinance to levy a county surcharge on state tax by
December 31, 2005, this Act shall be repealed and
section 4 37 D-8. 4, Hawaii Revis·ed Statutes, shall be
reenacted in the form in which it read on the day
prior to the effective date of this Act;
(2) If any county does not adopt an ordinance to levy a
county surcharge on state tax by December 31, 2005, it
shall be prohibited from adopting such an ordinance
2025-0095 SB SMA.docx
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Page 7 S.B. NO.
pursuant to this Act, unless otherwise authorized by
the legislature through a separate legislative act;
(3). If an ordinance to levy a county surcharge on state
tax is adopted by December 31., 2005:
(A) The ordinance shall be repealed on December 31,
2022.; provided that the repeal of the ordinance
shall not affect the validity or effect of an
ordinance to extend a surcharge on state tax
adopted pursuant to an act of the legislature;
and
(B) This Act shall be repealed on December 31.,
[2030;] 2045; and section 437D-8.4, Hawaii
Revised Statutes, shall be reenacted in the form
in which it read on the day prior to the
effective date of this Act; provided that the
amendments made to section 437D-8.4, Hawaii
Revised Statutes by Act 226, Session Laws of
Hawaii 2008, as amended by Act 11, Session Laws
of Hawaii 2009, and Act 110, Session Laws of
Hawaii 2014, shall not be repealed."
2025-0095 SB SMA.docx
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Pages S.B. NO~
1 SECTTON 5. Statutory material to be repealed is bracketed
2 and stricken. New statutory material is underscored.
3 SECTION 6. This Act shall take effect upon its approval.
4
INTRODUCED BY:
2025-0.095 SB SMA. docx 8
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2025-0095 SB SMA.docx
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S .. B. NO.
Report Title:
County Surcharge on State Tax; General Excise Tax Law; Extension
Description:
Authorizes each county that has established a surcharge on state
tax before 7/1/2015 to extend the surcharge until 12/31/2045., at
the same rates, if the county does so before 1/1/2028; Provides
that no county surcharge on state tax authorized for a county
that has not established a surcharge on state tax before
7/1/2015, shall be levied before 1/1/2019, or after 12/31/2045;
and Repeals certain conditions on the use of surcharges received
f~om the State for counties having a population equal to or less
than 500,000 that adopt a county surcharge on state tax.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
2025-0095 SB SMA.docx
11111m111111m11mum111111
A BILL FOR AN ACT
RELATING TO THE CONVEYANCE TAX.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HA WAIi:
SECTION 1. The legislature finds that the health,
happiness, and well-being of Hawaii's people depends on the
State's ability to address the high cost of living, particularly
the high cost of housing, that is fueling the homelessness
crisis and forcing local families to move out of the State. The
sustainability of the State's unique and irreplaceable natural
resources is critical to its residents' quality of life. To
address these problems and secure a prosperous future for the
State's children, greater investment into public resources from
a sustainable revenue source is needed to reduce the cost of
housing for residents, preserve the. State's natural resources,
and provide solutions for community members experiencing
houselessness.
The legislature also finds that the conveyance tax, a one-
time tax at the time of real property sales, is an appropriate
revenue source for affordable housing, land conservation, and
homeless services. Although housing prices in the State have
risen dramatically over the past thirteen years, the State's
conveyance tax rates have not been updated since Act 59, Session
Laws of Hawaii 2009. Presently, the State's conveyance tax is
significantly lower than the rates of other high-cost areas in
the country.
Cities across the country are increasing their conveyance
tax rates to fund affordable housing. San Francisco increased
the tax rate to 5.5 per cent on homes valued over $10,000,000 in
2020, and two years ago Los Angeles increased the real property
transfer tax to 4.5 per cent on any residential or commercial
property over ~5,000,000 in value and six per cent on property
sales over $10,000,000 in value. Smaller cities with high
housing costs are also increasing the taxes on real estate sales
to mitigate the impacts of housing costs. Crested Butte and
Telluride in Colorado, which attract wealthy buyers due to
access to world class ski opportunities, have a tax of three per
cent on home sales regardless of price. Aspen, Colorado, which
has the most well-developed workforce housing program in the
country where almost forty per cent of the housing total housing
stock is reserved as permanently affordable housing for full-
time residents, has largely funded their workforce housing
program through a 1.5 per cent tax on property sales that has
been in place since 1989.
Presently, it is common practice to tax property sales as a
means to mitigate the impacts of high home costs and the loss of
land due to housing development. Furthermore, a conveyance tax
of 0.5 per cent on homes valued at less than $5,000,000, a rate
of four per cent on homes valued between $5,000,000 and
$10,000,000, and six per cent on homes valued at over
$10,000,000 conforms to tax rates that other cities are
assessing to fund their various housing programs.
The legislature additionally finds that increases in tax .
rates on homes over $5,000,000 is unlikely to have any negative
impact on local full-time residents as the vast majority of
buyers who purchase these homes do so as an investment and not
as their full-time residence. The monthly mortgage costs of a
$5,000,000 home are approximately $32,600 a month, which would
be considered affordable for an individual or a couple earning
$81,500 per month, or roughly $978,000 a year. Very few
families in Hawaii would fall within these income categories,
and those that do most likely already own a home and are not
impacted by 'rising rents or the lack of affordable
housing. Accordingly, it is appropriate for out-of-state
investors of real estate to assist in mitigating the impacts for
residents who are not benefiting from the current market
dynamics. Renters; houseless residents, and the local workforce
are struggling with the rising cost of housing, thus a tax on
real estate at the time of sale to help mitigate those costs is
appropriate and fair.
The legislature recognizes that the increases in housing
prices, residential rent, and the homeless population over the
past several years has accelerated the urgent need to
sustainably fund affordable housing and homeless services in
Hawaii. The 2023 point in time count estimates that there are
currently 6,223 individuals living unsheltered in the State, not
including the greater number of "hidden homeless" individuals
temporarily living with friends or relatives because they cannot
afford to live on their own. Investing in affordable housing
and homeless services, including supportive housing, is key to
addressing homelessness and ensuring that everyone in the State
has an affordable place to live.
Accordingly, the purpose of this Act is to:
(1) Establish the homeless services special fund;
(2) Allow counties to apply for matching funds from the homeless services special
fund and the affordable homeownership revolving fund for housing projects that are
subject to a perpetual affordability requirement;
(3) Increase the conveyance tax rates for certain properties;
( 4) Establish conveyance tax rates for multifamily residential properties;
(5) Exempt from conveyance taxes the conveyances of real property to:
(A) Organi·zations with certain affordability
requirements;
(B) Certain nonprofit organizations; and
(C) An owner-occupant or renter-occupant of the
property; and
( 6) Allocate collected conveyance taxes to the affordable homeownership
revolving fund, homeless services special fund> and dwelling unit revolving fund and
amend allocations to the land conservation fund and rental housing revolving fund.
SECTION 2. Chapter 346, Hawaii Revised Statutes, is
amended by adding a new section to part XVII to be appropriately
designated and to read as follows:
11 §346-Homeless services s p ecial fund. (a) There is
established within the· state treasury a homeless services
s p ecial fund, to be administered and mana g ed by the de p artment
and into which shall be deposited:
ill Ten per cent of the conve yance tax collected and allocated to the homeless
services fund pursuant to section 247-7:
ill A ppro priations made by ~e legislature; and
ill Interest earned upon any moneys in the fund.
(b) Mone y s from any other p rivate or p ublic source ma y be
de p osited in or credited to the fund; p rovided that an y
mandates, reg ulations, or conditions on these funds do not
conflict with the use of the fund under this section. Mone ys
received as a dep osit or p rivate contribution shall be
de p osited, used, and accounted for in accordance with the
conditions established b y the a g ency or p erson making the
contribution.
(c) Mone y s in the homeless services s p ecial fund shall be
used b y the de p artment for homeless services and supportive
housing , including homeless facilities p ro g rams for the homeless
authorized b y the de p artment.
(d) The de p artment shall submit a report to the
leg islature p roviding an accounting of the fund no later than
twent y day s p rior to the convenin g of each reg ular session. The
report shall include, at minimum:
ill A detailed account of all funds received; and
.(2) All money s exp ended from the homeless services sp ecial fund."
SECTION 3. Section 201H-206, Hawaii Revised Statutes, is
amended to read as follows:
"[-EJ §201H-206 [f] Affordable homeownership revolving
fund. (a) There is established an affordable homeownership
revolving fund to be administered by the corporation for the
purpose of providing, in whole or in part, loans to nonprofit
community development financial institutions and nonprofit
housing development organizations for the development of
affordable homeownership housing projects.
(b) Loans shall be awarded in the following descending
order of priority:
(1) Projects or units in projects that are funded by programs of the United States
Department of Housing and Urban Development, United States Department of
Agriculture Rural Developme.µt, and United States Department of the Treasury
Community Development Financial Institutions Fund, wherein:
(A) At least fifty per cent of the available units
are reserved for persons and families having
incomes at or below eighty per cent of the median
family income and of which at least five per cent
of the available units are for persons and
families having incomes at or below fifty per
cent of the median family income; and
(B) The remaining units are reserved for persons and
families having incomes at or below one hundred
twenty per cent of the median family income; and
(2) Mixed-income affordable for-sale housing projects or units in a mixed-income
affordable for-sale housing project wherein all of the available units are reserved for
persons and families having incomes at or below one hundred per cent of the median
family income.
(c) Moneys in the fund shall be used to provide loans for
the development, pre-development, construction, acquisition,
preservation, and substantial rehabilitation of affordable for-
...
sale housing units. Uses of moneys in the fund may include but
are not limited to planning, design, and land acquisition,
including the costs of options, agreements of sale, and down
payments; equity financing as matching funds for nonprofit
community development financial institutions; or other housing
development services or activities as provided in rules adopted
by the corporation pursuant to chapter 91. The rules may
provide that money from the fund shall be leveraged with other
financial resources to the extent possible.
(d) The fund may include [ffi:ffirS-]~
ill Sums appropriated by the legislature[, prr1ate ];
ill Private contributions[~ proceeds];
ill Proceeds from repayment ofloans[, interest,];
ill Interests and other returns[,];
ill Conveyance taxes collected under chapter 24 7 and allocated to the affordable
homeownershi p revolvin g fund pursuant to section 247-7; and [moneys]
ill Mone y s from other sources.
(.e) An amount from the fund, to be set by the corporation
and authorized by the legislature, may be used for
administrative expenses incurred by the corporation in
administering the fund; provided that moneys in the fund shall
not be used to finance day-to-day administrative expenses of the
projects allotted moneys from the fund.
(f) The corporation may provide loans under this section
as provided in rules adopted by the corporation pursuant to
chapter 91.
(g) The corporation may contract with nonprofit community
development financial institutions to fund loans under this
section. The corporation may contract for the service and
custody of its loans.
(h) The corporation may establish, revise, charge, and
collect·a reasonable service fee, as necessary, in connectibn
with its loans, services, and approvals under this part. The
fees shall be deposited into the affordable homeownership
revolving fund.
(i) Counties ma y a ppl y for matching funds from the fund;
p rovided that p rior to a ppl y ing for any matching funds, the
counties shall have an a pP roved comprehensive affordable housing
p lan that:
ill Identifies available lands for affordable housin g;
@ Identifies infrastructure needs and availability; and
ill Requires housin g projects develo p ed usin g money s from the fund to be subject
to an affordability clause that keeps the pro perty affordable in perpetuity, also known
as a "deed-restricted pro perty ";
p rovided further that costs for the development of or an u p date
to an existing count y com p rehensive affordable housing p lan ma y ,
u p on a pplication, b~ p aid out of these funds.
[+i+] ill The corporation shall submit a report to the
legislature no later than twenty days prior to the convening of
each regular session describing the projects funded using moneys
from the affordable homeownership revolving fund."
SECTION 4. Section 247-2, Hawaii Revised Statutes, is
amended to read as follows:
"§247-2 Basis and rate of tax. The tax imposed by section
247-1 shall be based on the actual and full consideration
(whether cash or otherwise, including any promise, act,
f6rbearance, property interest, value, gaip~ advantage, benefit,
or profit), paid or to be paid for all transfers or conveyance
of realty or any interest therein, that shall include any liens
or encumbrances thereon at the time of sale, lease, sublease,
assignment, transfer, or conveyance, and shall be at the
following rates:
(1) Except as provided in [paragraph (2):] paragraphs (2) and (3):
(A) [Ten cents per $100 for] For properties with a
value of less than $600,000[7]: 10 cents p er
$100;
(B) [Twenty cents per $100 for] For properties with a
value of at least $600,000, but less than
$1,000,000[7]: 20 cents per $100;
(C) [Thirty cents per $100 for) For properties with a
value of at least $1,000,000, but less than
$2,000,000(7]: 30 cents per $100;
(D) [Fifty cents per $100 for] For properties with a
value of at least $2,000,000, but less than
$4,000,000[7]: 50 cents p er $100;
(E) [Seventy cents per $100 for] For properties with
a value of at least $4,000,000, but less than
$6,000,000[7]: 70 cents per $100;
(F) [Ninety cents per $100 for] For properties with a
value of at least $6,000,000, but less than
$10,000,000[; and]: $1.10 p er $100;
(G) [One dollar per $100 forl For properties with a
value of at least $10,000,000 for greater; and]L
but less than $14,000,000: $1.40 p er $100;
(H) For p rop erties with a value of at least
$14,000,000, but less than $18,000,000: $2.00
p er $100;
ill For p rop erties with a value of at least
$18,000,000, but less than $22,000,000: $3.00
p er $1.00;
(J) For p rop erties with a value of at least
$22,000,000, but less than $26,000,000: $4.00
per $100; and
(K) For p rop erties with a value of $26,000,000 or
g reater: $6.00 p er $100;
ill For the sale of a multifamily residential prop erty :
(A) For prop erties with a value of less than
$600,000: 10 cents p er $10-0;
(B) For p ro:e erties with a value of at least $600£000,
but less than $1,000,000: 20 cents :e er $100;
fil For p rop erties with a value of at least
$1,000,000, but less than $2,000,000: 30 cents
per $100;
lQl For p ro p erties with a value of at least
$2,000,000, but less than $4,000,000: 50 cents
p er $100;
ill For p ro p erties with a value of at least
$4,000,000, but'-less than $6,000,000: 70 cents
p er $100;
(F} For p ro p erties with a value of at least
$6,000,000, but less than $10,000,000: 90 cents
p er $100;
J.§1 For prop erties with a value of at least
$10,000,000, but less than $20,000,000: $1 p er
$100;
(H) For p ro p erties with a value of at least
$20,000,000, but less than $50,000,000: $1.25
p er $100;
ill For p ro p erties with a value of at least
$50,000,000, but less than $100,000,000: $1.50
p er $100; and
(J) For p rop erties with a value of $100,000,000 or
g reater: $2.00 p er $100; and
[~] ill For the sale of a condominium or single family residence for which the
purchaser is ineligible for a county homeowner's exemption on property tax:
(A) [Fifteen cents per $100 for) For properties with
a value of less than $600,000[+]: 15 cents p er
$100;
(B) [Twenty five cents per $100 for] For properties
with a value of at least $600,000, but less than
$1,000,000[+]: 25 cents per $100;
(C) [Forty cents per $100 for] For properties with a
value of at least $1,000,000, but less than
$2,000,000[+]~ 40 cents p er $100;
(D) [Siuty cents per $100 for] For properties with a
value of at least $2,000,000, but less than
$4,000,000[-,..J: $1.00· p er $100;
(E) [Eighty fi7e cents per $100 for] For properties
with a value of at least $4,000,000, but less
than $6,000,000[+): $1.50 p er $100;
(F) [One dollar and ten cents per $100
~] For properties with a value of at least
$6,000,000, but less than $10,000,000[+
-a-ne]: $2.00 p er $100;
(G) [One dollar and twenty five cents per $100
~] For properties with a value of at
least $10,000,000 [or greater,], but less than
$14,000,000: $3.00 per $100;
JBl. For p ro p erties with a value of at least
$14,000,000, but less than $18,000,000: $4.00
p er $100;
ill For p rop erties with a value of at least
$18,000,000, but less than $22,000,000: $5.00
p er $100;
(J) For properties with a value of at least
$22,000,000, but less than $26,000,000: $6.00
p er $100; and
(K) For p ro p erties with a value of $26,000,000 or
g reater: $7.00 p er $100,
of [-6-t:¼€lft] the actual and full consideration; provided that in
the case of a lease or sublease, this chapter shall apply only
to a lease or sublease whose full unexpired term is for a period
of five years or more[, and in those eases, including (where
appropriate) those eases where the]; p rovided further that if
~ lease has been extended or amended, the tax in this chapter
shall be based on the cash value of the lease rentals discounted
to present day value and capitalized at the rate of six per
cent, plus the actual and full consideration paid or to be paid
for any and all improvements, if any, that shall include on-site
as well as off-site improvements, applicable to the leased
premises; and provided further that the tax imposed for each
transaction shall be not less than $1.
For p urp oses of this section, "multifamily residen_tial
p ro p erty " means a structure that is located within the state
urban land use district and divided into five or more dwelling
units."
SECTION 5. Section 247-3, Hawaii Revised Statutes, is
amended to read as follows:
"§247-3 Exemptions. The tax imposed by section 247-1
shall not apply to:
(1) Any document or instrument that is executed prior to January I, 1967;
(2) Any document or instrument that is given to secure a debt or obligation;
(3) Any document or instrument that only confirms or corrects a deed, lease,
sublease, assignment, transfer, or conveyance previously recorded or filed;
(4) Any document or instrument between husband and wife, reciprocal
beneficiaries, or parent and child, in which only a nominal consideration is paid;
(5) Any docwnent or instrument in which there is a consideration of$100 or less
paid or to be paid;
( 6) Any document or instrument conveying real property that is executed pursuant
to an agreement of sale, and where applicable, any assignment of the agreement of
sale, or assignments thereof; provided that the taxes under this chapter have been fully
paid upon the agreement of sale, and where applicable, upon such assignment or
assignments of agreements of sale;
(7) Any deed, lease, sublease, assignment of lease, agreement of sale, assignment
of agreement of sale, instrument or writing m which the United States or any agency
or instrumentality thereof or the State or any agency, instrumentality, or governmental
or political subdivision thereof are the only parties thereto;
(8) Any document or instrument executed pursuant to a tax sale conducted by the
United States or any agency or instrumentality thereof or the State or any agency,
instrumentality, or governmental or political subdivision thereof for delinquent taxes
or assessments;
(9) Any document or instrument conveying real property to the United States or
any agency or instrumentality thereof or the State or any agency, instrumentality, or
governmental or political subdivision thereof pursuant to the threat of the exercise or
the exercise of the power of eminent domain;
(10) Any document or instrument that solely conveys or grants an easement or
easements;
(I 1) Any document or instrument whereby owners partition their property, whether
by mutual agreement or judicial action; provided that the value of each owner's
interest in the property after partition is equal in value to that owner's interest before
partition;
(12) Any document or instrument between marital partners or reciprocal
beneficiaries who are parties to a divorce action or termination of reciprocal
beneficiary relationship that is executed pursuant to an order of the court in the
divorce action or tennination of reciprocal beneficiary relationship;
(13) Any document or instrument conveying real property from a testamentary
trust to a beneficiary under the trust;
(14) Any document or instrument conveying real property from a granter to the
grantor's revocable living trust, or from a grantor's revocable living trust to the granter
as beneficiary of the trust;
(15) Any document or instrument conveying real property, or any interest therein,
from an entity that is a party to a merger or consolidation under chapter 414, 414D,
415A, 421, 421C, 425, 425E, or 428 to the surviving or new entity;
(16) Any document or instrument conveying real property, or any interest therein,
from a dissolving limited partnership to its corporate general partner that owns,
directly or indirectly, at least a ninety per cent interest in the partnership, determined
by applying section 318 (with respect to constructive ownership of stock) of the
federal Intern.al Revenue Code of 1986, as amended, to the constructive ownership of
interests in the partnership; [ aB:d]
[f](l 7)[l]Any document or instrument that conforms to the transfer on death deed as
authorized under chapter 527[-:];
.(lfil Any document or instrument convey in g real property to an orgarrization that:
(A) Has a 'minimum of thirt y y ears remaining of a
p rice-restricted affordabilit y p eriod; or
(B) Places a deed restriction on the p rop erty to
maintain permanent affordability .
For purposes of this paragraph:
"Permanent affordability " means a requirement that a residential real prop erty
remain affordable to households with incomes at or below one hundred twenty p er
cent of the area median income as determined by the United States Dep artment of
Housing and Urban Development for the life of the pro perty .
"Price-restricted affordability period" means the p eriod for which a
residential real property is restricted to renter households with incomes at or below
one hundred twenty p er cent of the area median income as determined by the United
States Dep artment of Housing and Urban Development applicable to the location of
the real property for the app licable federal fiscal y ear;
!12} Any document or instrument convey ing real prop erty to a nonprofit
organization that:
(A) Is exemp t from federal income tax b y the Internal
Revenue Services; and
(B) Will hold the p rop erty in an undevelop ed state
and for conservation p urp oses in p erp etuity
through a deed restriction on the prop ert y ; and
(20) Any document or instrument conveying real property to an individual who is
an owner-occupant or renter-occupant of the prop erty; provided the individual does
not have a direct or indirect ownership interest in any other real pro perty, includin g
through ownership interest in a trust, p artnership, corp oration, limited liability
COmpany, Or Other entity. II
SECTION 6. Section 247-7, Hawaii Revised Statutes, is
amended to read as follows:
"§247-7 Disposition of taxes. All taxes collected under
this chapter shall be paid into the state treasury to the credit
of the general fund of the State, to be used and expended for
the purposes for which the general fund was created and exists
by law; provided that of the taxes collected each fiscal year:
(1) [!fea] Eight per cent [or $5,100,000, 1.vhichever is less,] shall be paid into the
land conservation fund established pursuant to section l 73A-5; [aH:l]
(2) [Fifty per sent or $38,000,000, v1hiehever is less,] Thirty-eight per cent shall
be paid into the rental housing revolving fund established by section 201H-202[-:-]~
ill ·Ei ght p er cent shall be paid into the affordable homeownership revolving fund
established pursuant to section 201H-206;
ill Eight per cent shall be p aid into the homeless services special fund established
pursuant to section 346-; and _
ill Eight p er cent shall be p aid into the dwelling unit revolving fund established
pursuant to section 20 IH-191 for the pU!J)oses of fundin g infrastructure pro grams in
transit-oriented development areas."
SECTION 7. Statutory material to be repealed is bracketed
and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000.
Report Title:
DHS; Affordable Housing; Conveyance Tax; Rates; Exemption;
Homeless Services Fund; Affordable Homeownership Revolving Fund;
Land Conservation Fund; Rental Housing Revolving Fund; Dwelling
Unit Revolving Fund
Description:
Establishes the Homeless Services Special Fund. Allows counties
to apply for matching funds from the Affordable Homeownership
Revolving Fund for certain housing projects. Increases the
conveyance tax rates for certain properties. Establishes
conveyance tax rates for multifamily residential
properties. Establishes new exemptions to the conveyance
tax. Allocates collected conveyance taxes to the Affordable
Homeownership Revolving Fund, Homeless Services Fund and, and
Dwelling Unit Revolving Fund. Amends allocations to the Land
Conservation Fund and Rental Housing Revolving Fund. Effective
7 /1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
.. B~ NO.
A B.ILL FOR AN ACT
RELATING ro HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF RAW All:
1 SECTION 1~ Section 201H-3l 7 , Hawaii Revis·ed Statutes,(. is
.2 amended to read as follows:
3 ''[-f]§20l:S:-31H-J Criteria. _(a1 In administering this
4 chapter and other laws of the State applicable to the, supplying
5 o.f hous"i.ng or the assistance in obtaining housing, the
' ',6 corporation shall give preference to· those applicah'ta most in
1 need of assistance in obtaining housing, in light of the amount
8 of moneys available for the various programs ., In doing so, the
9 corp.oration shall take into consideration the applicant ·• s
10 hous·ehold income and number of dependents; the ag.e of the
11 applicant; the physical ~isabilities of the applicant or those
12 .living with: the applicant; whether or not the present housing of
1$' the applicant is below standard; whether or not the applicant1 ·s
14 n .eed fo·r housing has arisen 'by reason of· disp],.acement of the
15 applicant by governmen.tal actions; the ,proximit y betwe·en the
16 housing loqation anct the a pplicant's p lace of em p loym ent;
17 whether the a::pplicant is a state or county e~g loy ee; whether the
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Page2 .B. NO.
1 ;:;pplicant is .a returning resident that left the State to attend
2 .a university , colleg er or trade school and has g raduated within
3 the past two y ears; and other factors as it may deem pertinent.
4 T.he corporation ma y allow households wit.h incomes u p to twenty
5 p er cent g reater than the ipcome on which the maximum sales
6 p rice was. based to be q ualified to p uEchase ~ unit.
7 (,bJ For any project develop ed or a,clrilinistered b y the
8 corp oi;-ation under this chap ter, the corporation. shall, when
9· fea,sible, set aside as a matter of p ~eference no fewer
10 th~n p er cent of the availabl.e units for state or county
11 emp J.o y ees.
12 (c) The corp oration shall:
13 .(1) Determine the order of p referenpes as outlined in this
14 section and rank all a pplicant.s according l y ;
15 (2) Select a pplicants based on a ppl±cation date w~thin the
16 p ool of similarly rank_e.d a pplicants·; and
17 (3) Validate the preference status of an a pplicant before
18 occup ancy of an affordable . unit. •
19 (d) The corp oration rna y establish additional elig ibility
·20 c.i:::iteria in administrative rules adop ted p ursuant to
21 chap ter 91.·"
2
Page3 ~.B. NO .
.1 SECTION 2. Sta-tutory material tq be repealed is bracketed
·2 and stricken .L New statutory material is uncte~sco:c:ed.
3 SECTION 3. This Act shall take ef£ect ~pen its approval.
4
.INTRODUC'ED BY::
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S .. B. N-O.
Report 'r:i.tl.e:
HHFDC;. Housing Development Programs; Criteria.; Preferences;
Rankingr Housing Location Proximity; State anct County Employees;
Returning Resident Grad,uates; Reserved' Units-; Rules
Description:·.
Requires the Hawaii Hous.ing -Fina-n.ce and Development Corporation
{HHFDC.} t_o consider as a preference under chapter 2CilH, HRS, the
proximity between the housing loc.ation and the applicant'• s place
of employment; whether the applicant is a state o:r; county
employ.ee; and whether the applicant is a returning' resident that
left the State to attend a university; college, or trade school
and has graduated within the past two years-.. Require-st for any
project developed, or administered by the HHFDC under chapter
201, HRS, the HHFDC to set aside as a matter of preference an
undetermined pe-r cent of available units for state or county
emplpyees, when feasible.. Requ-ires HHFDC to detex;mine the order
of pre.f'erences and rank .applicants a.ccordingly ,. select
applicants based on application date Wi.thiil the pool of
similarly ranked applicants, and validate the prefe·rence status
of applicants be£ore occupancy of a u,nit. Authorj.zes HHF_DC t.o
adopt rul:e-s to establish additional eligibilit~ criteria.
The summary description of /egis/aUon appearing on this page is for informational purposes only and is
not legislation or evidence af legislative jntent
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