STAND. COM. REP. NO. 1644

Honolulu, Hawaii

RE: H.B. No. 320

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 320, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision‑making agreements with one or more members of a supportive community; and

(2) Specify the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination.

Your Committee received testimony in support of this measure from the Department of Health, Disability and Communication Access Board, Hawaiʻi State Council on Developmental Disabilities, Easterseals Hawaii, Hawaii Disability Rights Center, Hawaii Self‑Advocacy Advisory Council, Full Life, Arc of Maui County, and seven individuals.

Your Committee received comments on this measure from the Guardianship Conservatorship Working Group.

Your Committee finds that supported decision-making agreements have been established in several states and serve as a meaningful alternative to guardianship by providing individuals with the tools and support to make their own decisions without restrictive legal oversight. This measure will establish a clear legal framework to ensure that older adults and people with disabilities maintain their rights, dignity, and independence by making decisions about their own lives with help from people that they trust and choose.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 320, H.D. 2, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair