STAND. COM. REP. NO. 443

Honolulu, Hawaii

RE: S.B. No. 1373

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 Commerce and Consumer Protection, to which was referred S.B. No. 1373 entitled:

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

begs leave to report as follows:

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

Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Honolulu Police Department, Board of Dentistry, Board of Massage Therapy, Board of Physical Therapy, Board of Speech Pathology and Audiology, Hawaii Board of Chiropractic, Hawaii Medical Board, RAINN, and Kapiʻolani Sex Abuse Treatment Center.

Your Committee received comments on this measure from the Board of Acupuncture, Board of Barbering and Cosmetology, Board of Naturopathic Medicine, Board of Nursing, Board of Psychology, and Hawaii Board of Optometry.

Your Committee finds that existing laws do not facilitate the timely revocation of a license or denial of a renewal, restoration, or reinstatement of a license for certain professions when the licensee becomes, or is found to be, a registered sex offender. Unlike some states, Hawaii does not have a law that allows the Department of Commerce and Consumer Affairs' professional and vocational licensing boards, commissions, and programs to take a more expeditious approach against registered sex offenders who are in certain professions that involve close physical contact with consumers. Due to the nature of these professions, any delayed action in revoking a license and preventing further practice by a registered sex offender places consumers at an unnecessary risk. Your Committee finds that this measure would allow the Director of Commerce and Consumer Affairs and certain licensing boards to better protect consumers through swift action against individuals who have been convicted of certain crimes that require them to register as sex offenders.

Your Committee has amended this measure by:

(1) Inserting the proper name for the Hawaii Board of Optometry;

(2) Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1373, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1373, S.D. 1, and be referred to your Committee on Judiciary.

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

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JARRETT KEOHOKALOLE, Chair