STAND. COM. REP. NO. 1299

Honolulu, Hawaii

, 2025

RE: S.B. No. 1373

S.D. 2

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 S.B. No. 1373, S.D. 2, 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 Psychology; Board of Physical Therapy; Board of Naturopathic Medicine; Board of Chiropractic; Board of Dentistry; Board of Massage Therapy; Board of Nursing; Board of Speech Pathology and Audiology; Board of Optometry; Board of Barbering and Cosmetology; Hawaii Medical Board; Board of Acupuncture; Hawaii State Commission on the Status of Women; Honolulu Police Department; RAINN; Hawaii Dental Association; and one individual.

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, or reinstate the professional licenses, registrations, or certifications of registered sex offenders.

Your Committee further finds that the companion to this measure, H.B. 1054, H.D. 1 (Regular Session of 2025), was previously passed by your Committee.

Your Committee has amended this measure by:

(1) Deleting its contents and inserting the contents of H.B. 1054, H.D. 1, a measure that:

(A) Requires the Director of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to renew, restore, or reinstate a license, registration, or certification if the person either committed an offense that would be punishable as an offense described under the sex offender registration laws or is required to register as a sex offender;

(B) Provides a licensee, registrant, or certification holder with an opportunity for a hearing on the adverse action;

(C) Specifies that final orders of discipline are matters of public record;

(D) Prohibits the Director of Commerce and Consumer Affairs or licensing board, as appropriate, from restoring, renewing, or reinstating a license, registration, or certification in a case where the person has been required to register as a sex offender and the victim of the covered offense was a patient or client or a former patient or client; and

(E) Takes effect on July 1, 3000; and

(2) 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 S.B. No. 1373, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1373, S.D. 2, 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