STAND. COM. REP. NO. 530

Honolulu, Hawaii

, 2025

RE: H.B. No. 1054

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1054 entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS,"

begs leave to report as follows:

The purpose of this measure is to require, for certain professions, the Director of Commerce and Consumer Affairs and licensing boards to automatically revoke and refuse to renew, restore, or reinstate the professional licenses, registrations, or certifications of registered sex offenders.

Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs; Board of Physical Therapy; Board of Dentistry; Board of Massage Therapy; Board of Chiropractic; Hawaii Medical Board; Board of Speech Pathology and Audiology; and Honolulu Police Department. Your Committee received comments on this measure from the Board of Psychology; Board of Naturopathic Medicine; Board of Optometry; Board of Barbering and Cosmetology; Board of Nursing; and Board of Acupuncture.

Your Committee finds that under existing law, persons subject to administrative disciplinary actions are afforded a notice and an opportunity for a hearing. However, in instances where the person of interest has been convicted of a sexual offense, the delay in imposing a disciplinary action, including the revocation of a professional license, registration, or certification, places the public at serious risk. This measure promotes consumer protection by requiring the Director of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to renew, restore, and reinstate the professional licenses, registrations, or certifications of registered sex offenders.

Your Committee has amended this measure by:

(1) Clarifying that the authority to automatically revoke or deny an application to renew, restore, or reinstate applies to persons who are currently required to register as a sex offender pursuant to the requirements of the sex offender registration laws;

(2) Clarifying that the Director of Commerce and Consumer Affairs or the licensing board, as appropriate, shall not restore, renew, or reinstate a license, registration, or certification in the case where:

(A) The person has been required to register as a sex offender; and

(B) The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense;

(3) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1054, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1054, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

SCOT Z. MATAYOSHI, Chair