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Saturday, July 4, 2020
Hawaii Family Forum Legislative Week in Review
By Hawaii Family Forum @ 1:12 AM :: 1059 Views :: Family, First Amendment, Life

WEEKLY RECAP

From Hawaii Family Forum, July 3, 2020

Emergency Powers Screening Bill: PASSED Ways & Means

Senate Ways & Means Passes HB2406 SD2

The purpose and intent of HB2502 SD2 Relating to Health, according the Senate Ways and Means Committee Report, "is to ensure the State is able to respond to outbreaks of communicable or dangerous diseases."  In order to accomplish this effort, they amended the bill by: 

Deleting the requirement that the Department of Health establish interim rules pursuant to chapter 91; 

Requiring the Department of Health to consult with or receive authorization or approval from the Governor before taking certain actions under chapter 325, Hawaii Revised Statutes;

Requiring that a judicial hearing take place within seven calendar days, rather than ten days, of the date a request is filed with a court;

Clarifying that the judicial decisions pursuant to chapter 325, Hawaii Revised Statutes, with respect to whether an individual should be quarantined shall be based on clear and convincing evidence; provided that, in hearings to contest the individual's treatment or the terms and conditions of the quarantine or isolation, judicial decisions shall be based on a preponderance of the evidence;

Adding the term "health care provider" to the list of definitions in a new section of chapter 325, Hawaii Revised Statutes;

Deleting provisions that would repeal the statutory prohibitions on the use of telephone services as part of telehealth coverage;

Allocating $5,200,000 of funds allocated to the State by the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, to be used for purposes of health assurance for the period from July 1, 2020, to December 28, 2020;

Allocating $18,000,000 of revenues collected by the transient accommodations tax pursuant to chapter 237D, Hawaii Revised Statutes, to the travelers screening special fund, and appropriating the same amount out of the travelers screening special fund to be used for purposes of health assurance for the period from January 1, 2021, to June 30, 2021;

Allocating $5,000,000 of funds allocated to the State by the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, to be used to provide grants for qualifying hotels to provide COVID-19 testing for employees;

Adding a savings clause;

Changing the sunset provisions by:

(A)  Changing the sunset date from June 30, 2025, to June 30, 2022; 

(B)  Clarifying that the repeal provisions shall apply only to section 325-J, Hawaii Revised Statutes, and the amendments made to section 325-8(e) to (n), Hawaii Revised Statutes, instead of parts III and IV of the measure; and

(C)  Providing that upon repeal, section 325-8(e) to (n) shall be reenacted in the form in which it read on the day prior to the effective date of this measure;

Changing the effective date to July 1, 2020; and

Making technical non-substantive amendments for purposes of clarity, consistency, and style.

On Thursday, July 2, the committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows:

11 Aye(s): Senator(s) Dela Cruz, Keith-Agaran, English, Inouye, Kidani, Moriwaki, Shimabukuro, Taniguchi;

3 Aye(s) with reservations: Senator(s) Kanuha, Riviere, Fevella ;

1 No(es): Senator(s) K. Kahele; 

STATUS:  As of July 2, 2020, The bill has been placed on the calendar for final reading.

No Parental Notification for Youth Mental Health: PASSED Senate Judiciary

Senate Judiciary Passes HB2043 SD2

HB2043 SD2 Relating to Adolescent Health Care allows an unlicensed mental health professional, working under the supervision of a licensed mental health professional, to provide mental health treatment or counseling services to minors without parental or legal guardian consent, knowledge, or participation. (Keep in mind that our law ALREADY ALLOWS a licensed therapist to provide these services without notifying parents or guardians).  Requires a mental health professional to ensure that the covered entity has been notified that minor-initiated mental health treatment or counseling services should not be disclosed. (Read committee report.)

On June 30, 2020, the Senate committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows:

3 Aye(s): Senator(s) K. Rhoads, J.Keohokalole;

1 Aye(s) with reservations: Senator(s) Kim ;

2 No(es): Senator(s) Gabbard, Fevella; 

STATUS:  The bill has been placed on the calendar for final reading on July 6, 2020.

Flavored Tobacco Products Ban Passes Senate Joint Committee of Judiciary & Ways and Means

Flavored Tobacco Ban

HB2547 SD2, Relating to the Youth Vaping Epidemic bans the sale of flavored tobacco products. Prohibits mislabeling of e-liquid products containing nicotine. Establishes fines and penalties for violations. Authorizes a court to impose, as a penalty on a person eighteen to twenty-one years of age who is convicted of possession of a tobacco product or electronic smoking device, the requirement to complete a tobacco education program, complete a tobacco use cessation program, or perform community service instead of paying a fine. Effective 9/1/2020. (SD2) (Read the committee report.)

On July 2, 2020, the Joint Senate committee(s) on JDC & WAM recommended that the measure be PASSED, WITH AMENDMENTS.

The votes in JDC were as follows:

5 Aye(s): Senator(s) K. Rhoads, J.Keohokalole, Gabbard, Kim, Fevella; 

The votes in WAM were as follows:

11 Aye(s): Senator(s) Dela Cruz, Keith-Agaran, English, Inouye, K. Kahele, Kanuha, Moriwaki, Riviere, Shimabukuro, Taniguchi, Fevella; Aye(s) with reservations: none;

1 Excused: Senator(s) Kidani.

STATUS:  48 Hrs. Notice 07-06-20. 

Upcoming Legislative Deadlines

  • July 8, 2020 (Wednesday): Second Crossover for bills. Last day for Third Reading of bills that were amended by the receiving (non­originating) body. 
  • July 10, 2020 (Friday): Adjournment Sine Die. 

Happy Fourth!    Happy Birthday America!

Fourth of July Message from President Abraham Lincoln

"We hold this annual celebration to remind ourselves of all the good done in this process of time of how it was done and who did it, and how we are historically connected with it; and we go from these meetings in better humor with ourselves-we feel more attached the one to the other, and more firmly bound to the country we inhabit. In every way we are better men in the age, and race, and country in which we live for these celebrations. But after we have done all this we have not yet reached the whole. There is something else connected with it. We have besides these men-descended by blood from our ancestors-among us perhaps half our people who are not descendants at all of these men, they are men who have come from Europe-German, Irish, French and Scandinavian-men that have come from Europe themselves, or whose ancestors have come hither and settled here, finding themselves our equals in all things. If they look back through this history to trace their connection with those days by blood, they find they have none, they cannot carry themselves back into that glorious epoch and make themselves feel that they are part of us, but when they look through that old Declaration of Independence they find that those old men say that 'We hold these truths to be self-evident, that all men are created equal,' and then they feel that that moral sentiment taught in that day evidences their relation to those men, that it is the father of all moral principle in them, and that they have a right to claim it as though they were blood of the blood, and flesh of the flesh of the men who wrote that Declaration, and so they are. That is the electric cord in that Declaration that links the hearts of patriotic and liberty-loving men together, that will link those patriotic hearts as long as the love of freedom exists in the minds of men throughout the world."  --  President Abraham Lincoln, July 1, 1858 speech in Chicago 

FAMILY RESOURCES

#ProudAmerican

What Makes You a Proud American?

Heritage Action and the Heritage Foundation are launching a great effort, #proudAmerican. With so much to be disheartened by in the news, Heritage thought it particularly important that this Independence Day people hear a message of hope and inspiration. I know these are busy times on all fronts, but Heritage would love to amplify any voices reminding us why it is worth fighting for the soul of our country. 

This link has a tool kit for ways to participate. 

Learn more about what makes America a land of freedom and opportunity. Explore the foundation of our republic with Heritage's Guide to the Constitution at

FROM AROUND THE NATION

Victory for Education Freedom and Religious Liberty

SCOTUS RULING: Espinoza v. Montana Department of Revenue

WASHINGTON, June 30, 2020 - In a landmark victory for education freedom and religious liberty, today the U.S. Supreme Court ruled in favor of children and families in Espinoza v. Montana Department of Revenue in a 5-4 decision. The decision strikes down state Blaine amendments.

The Supreme Court of the United States issued its decision in the case of

Read President Trump's statement.

Hawaii Family Forum show, Faith in Politics will feature Montana Family Foundation President Jeff Laszloffy on its upcoming edition.  See KALO TV for more details.

Roberts Gives Liberals a Win on Abortion

SCOTUS: June Medical Services LLC v. Russo

In the much-anticipated case of June Medical Services v. Russo, a divided Supreme Court on Monday narrowly struck down a Louisiana law that would have required abortion providers to submit to the same types of supervision and requirements as other, similarly situated physicians.

In a narrow 5-4 majority comprising the court's liberal justices plus Chief Justice John Roberts, the court reversed the 5th Circuit's ruling and effectively struck down the Louisiana law as unconstitutional.

JUNE MEDICAL SERVICES L. L. C. ET AL. v. RUSSO, INTERIM SECRETARY, LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS

My counterpart in Louisiana, Gene Mills (President of Louisiana Family Forum), released a statement, "I am disappointed once again in the liberals on the U.S. Supreme Court and their newest ally, Chief Justice John Roberts, who decided against women and invalidated Louisiana's admitting privileges law. The Court was wrong in failing to recognize the right of states to ensure access to quality emergency medical care."

"Louisiana enacted this law to protect women from the abortion businesses and their history of dirty and dangerous abortions by requiring abortion doctors-like doctors at all Louisiana free standing clinics - to be able to admit and treat their patients at nearby hospitals if the need arises. This ensures that doctors performing abortions will be competent and provide continuity of care to their patients."

Hawaii Family Forum was one of many other Family Policy Councils that filed and Amicus Brief on this case.  Read it here.

SCOTUS Redefines "Sex"

The Redefinition of "Sex"

On June 15, 2020, the U.S. Supreme Court issued a ruling in Bostock v. Clayton County, Georgia saying that "sex" in federal anti-discrimination law included "sexual orientation" and "gender identity."  This ruling by our nation's highest court could have disastrous ramifications for religious freedom, freedom of speech, personal privacy, and much more.

Vaccinations for School Children

Beginning July 1, 2020, additional immunizations will be required for students entering childcare or preschool, kindergarten, 7th grade, and post-secondary schools, and all students entering school in Hawaii for the first time, regardless of age. The updated immunization requirements conform with current national recommendations and reflect what occurs in healthcare provider offices and clinics in Hawaii as standard medical practice.

Children may be exempt from immunization requirements for medical or religious reasons, if the appropriate documentation is presented to the childcare facility or school. Religious exemption forms may be completed at the childcare facility or school that your child will attend. Medical exemptions must be obtained from your child's healthcare provider. No other exemptions are allowed by the State. (Click here for more information)

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