Hawaii 2025 Regular Session

Hawaii House Bill HB1113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1113 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO CHANGES TO RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH CONCERNING PATIENTS, THE COUNTY OF KALAWAO, AND THE KALAUPAPA SETTLEMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1113
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	1113
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO CHANGES TO RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH CONCERNING PATIENTS, THE COUNTY OF KALAWAO, AND THE KALAUPAPA SETTLEMENT.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	PART I SECTION 1. The legislature finds that the population of former Hansen's disease patients residing at Kalaupapa in the county of Kalawao is aging. There are currently seven individuals on the Kalaupapa Registry who receive services from the State. Four of them are full-time residents at Kalaupapa. All these patients are age eighty-three years or older. The legislature finds that the county of Kalawao consists of that portion of the island of Molokai commonly known as the Kalaupapa Settlement and that the county of Kalawao is under the jurisdiction and control of the department of health and governed by the laws and rules relating to the department and the care and treatment of persons affected with Hansen's disease. After the passing of the last full- or part-time patient resident at Kalaupapa, the department of health will no longer provide patient care there but intends to complete environmental remediation work. The legislature further finds that there are many stakeholders that care about the future of the Kalaupapa Settlement and the preservation of the historical, cultural, and environmental significance of the county of Kalawao. This Act reflects preliminary sentiments heard from some Maui county residents that the county of Kalawao be reunited with the county of Maui. A transparent process and opportunity for more extensive public input regarding the transfer of jurisdiction and control of Kalawao county is required. Accordingly, the purposes of this Act are to: (1) Prepare for changes of responsibilities of the department of health upon the passing of the last patient resident of the Kalaupapa Settlement; (2) Commemorate and preserve the historical, cultural, and environmental significance of the peninsula and its residents in Hawaii's history with the establishment of the Kalaupapa State Historical Area; and (3) Provide the public the opportunity for input on the future of the county of Kalawao via the legislative process. PART II SECTION 2. Chapter 6E, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows: "§6E- Kalaupapa state historical area. (a) There shall be a Kalaupapa state historical area that shall consist of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement. (b) The Kalaupapa state historical area is established to preserve the Kalaupapa Settlement, to educate the public, to commemorate the lives of residents with Hansen's disease and the lives of the people who served them, and to recognize the county of Kalawao and its role in the history of Hawaii." SECTION 3. Chapter 326, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§326- County of Kalawao; cessation; county of Maui. The county of Kalawao that consists of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement shall cease to constitute a county by itself and shall be and form a portion of the county of Maui." SECTION 4. Section 326-1, Hawaii Revised Statutes, is amended to read as follows: "§326-1 [Establishment of facilities] Services for the treatment and care of persons with Hansen's disease. The department of health, subject to the approval of the governor, shall [establish and maintain facilities and] provide services as are necessary for the care and treatment of persons with Hansen's disease and persons who were institutionalized for segregation by order of the department of health because of Hansen's disease. Every [such facility or] service provider shall exercise every reasonable effort to effect a cure of [those] persons[.] with Hansen's disease. All [such] persons with Hansen's disease shall be cared for as well as circumstances will permit, in accordance with accepted medical practices. [Every patient shall be encouraged to take complete treatment so that prompt recovery can be attained. Isolation and treatment shall be compulsory only in those cases where, in the opinion of the department, that treatment is necessary to protect the health of the public, and the department may take such measures as may be necessary to enforce this section, including the adoption of rules pursuant to chapter 91.]" SECTION 5. Section 326-13, Hawaii Revised Statutes, is amended to read as follows: "§326-13 Expenses; rules. [(a)] The department of health shall bear all expenses of travel and other necessary expenses incurred under sections 326-1 to 326-14 and may adopt all rules and forms and perform all acts necessary and proper for carrying out their provisions. [(b) Expenses related to patients shall be tracked separately from nonpatient costs, whenever appropriate and possible.]" SECTION 6. Section 326-24, Hawaii Revised Statutes, is amended to read as follows: "§326-24 Rules. The director of health may adopt rules pursuant to chapter 91 necessary for the conduct of all matters pertaining to Hansen's disease, the treatment and care thereof, and other services provided to persons affected with Hansen's disease[, and the full and complete governance of the county of Kalawao, except as limited by this chapter]." SECTION 7. Section 326-25.5, Hawaii Revised Statutes, is amended to read as follows: "§326-25.5 Annual report. (a) The department of health shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that addresses the following with regard to Kalaupapa Settlement: (1) The department's provision of medical and basic living needs of the patients; (2) The department's progress toward defining and addressing the nonmedical needs of patients; (3) The department's progress toward promoting a positive living environment; (4) The department's management of state resources, including benefits given to employees that are not statutorily defined; (5) The department's progress toward establishing written policies and procedures for Kalaupapa store; (6) The department's progress toward establishing and maintaining a complaint file and adequately addressing complaints; (7) The performance of the administrator, including compliance with job duties; (8) The department's progress toward adequate accountability of state property; (9) Details and justification of approved employee air travel requests and trail pay; (10) Details and updated information, as available, regarding the permanent transfer to other governmental or qualified non-governmental entities of the powers and duties of the department and any other state agency over Kalaupapa Settlement; and (11) Details including efforts of engagement by the department with Molokai community groups, including the addition of Ka Ohana O Kalaupapa and a non-governmental organization from the non-peninsular area of Molokai to be selected by the department in consultation with the non-peninsular area of the Molokai community. (b) Annual reporting shall continue until the earlier of the year in which the passing of the last patient resident occurs or Kalaupapa settlement is no longer under the jurisdiction and control of the department of health." SECTION 8. Section 326-1.3, Hawaii Revised Statutes, is repealed. ["[§326-1.3] Liberty, autonomy, and dignity of patient residents. (a) In recognition of the disruptions and hardships experienced over the course of their lives by former Hansen's disease patients residing at Kalaupapa, the legislature declares its intent to ensure that all residents at Kalaupapa are treated with dignity, respect, courtesy, and sensitivity and that the protections extended by this chapter to the patient residents at Kalaupapa are honored and upheld by the department of health to the extent possible within their purview. (b) Notwithstanding any other law to the contrary, the department of health shall promote and protect the personal liberty, autonomy, and dignity of all patient residents at Kalaupapa."] SECTION 9. Section 326-2, Hawaii Revised Statutes, is repealed. ["§326-2 Equal treatment of patients. Every Hansen's disease sufferer at Hale Mohalu and Kalaupapa shall be accorded as nearly equal care and privileges as is practicable under the different operating conditions of the two institutions."] SECTION 10. Section 326-11, Hawaii Revised Statutes, is repealed. ["§326-11 Voluntary transfer to and from Kalaupapa. Any person undergoing treatment and receiving care for Hansen's disease at Hale Mohalu on June 30, 1969, may be transferred to Kalaupapa for care and treatment if the person desires. Any person who may undergo treatment and receive care for Hansen's disease at Hale Mohalu after June 30, 1969, may apply to the director of health for transfer to Kalaupapa. Any person undergoing treatment and receiving care for Hansen's disease at Kalaupapa may be transferred to Hale Mohalu for care and treatment if the person desires. A person transferred may be retransferred to Kalaupapa if the person desires."] SECTION 11. Section 326-21, Hawaii Revised Statutes, is repealed. ["§326-21 Employment of patients. At any facility for the care and treatment of persons with Hansen's disease, the department of health, with the consent of a patient, may employ that patient to perform labor or service. When there are vacancies in positions, classified under chapter 76, at a facility exclusively for the care and treatment of persons with Hansen's disease, employment preference shall be given to temporary release patients and discharged patients from those facilities provided that the persons so hired shall be otherwise qualified under chapter 76. Discharged patients who have been employed prior to December 30, 1960, under chapter 76 in accordance with the second paragraph of this section shall be eligible to receive the same rights and privileges as those enjoyed by temporary release patients employed under the second paragraph of this section."] SECTION 12. Section 326-22, Hawaii Revised Statutes, is repealed. ["§326-22 Compensation of patient employees. The compensation for patients employed under section 326-21 shall be set by the department of health; provided that in no case shall the compensation be less than the minimum wage as established by section 387-2. Each patient employee of the department shall be entitled to and granted sick leave with pay and a vacation with pay each calendar year, each calculated at the following rate: For patients working six hours a day, one and one-half days for each month of service; For patients working five hours a day, one and one-quarter days for each month of service; For patients working four hours a day, one day for each month of service. A month of service is defined as eighty or more hours of work which may be accumulated over any period of time to total eighty hours. No more than twelve months of service may be earned and credited in any calendar year, even if the total number of hours worked should exceed nine hundred sixty hours."] SECTION 13. Section 326-23, Hawaii Revised Statutes, is repealed. ["§326-23 Pensions for patient employees at facilities. (a) All patient employees or patient laborers at every facility maintained for the treatment and care of persons with Hansen's disease shall be entitled, upon retirement after twenty years or more service with the department of health, to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the monthly wage or salary which the patient was receiving at the time of retirement, or to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the average monthly wage or salary which the patient employee was receiving during the last twelve months of employment at the department of health, whichever is higher. For the period from July 1, 2007, to June 30, 2008, the pension amounts shall be adjusted as follows: (1) Retired patient employees receiving less than $4,000 annually shall be granted a five per cent increase; (2) Retired patient employees receiving $4,000 or more but less than $5,000 annually shall be granted a four per cent increase; and (3) Retired patient employees receiving $5,000 or more annually shall be granted a 2.5 per cent increase. For the period from July 1, 2008, to June 30, 2009, all retired patient employees shall be granted a 2.5 per cent increase. Thereafter, the pension amounts shall remain as adjusted effective for the period ending June 30, 2009. (b) Patient employees may use service with any state department or agency not exceeding five years which has not been credited under the state retirement system in lieu of service with a facility maintained for the treatment and care of persons with Hansen's disease to satisfy the requirements of subsection (a); provided that the service shall be authenticated by official records of the department where service was performed. (c) When work is available at Kalaupapa which may be fulfilled by patient residents of the facility under section 326-21 and there are no applicants for those positions from among the eligible patients, pensioned patients who are in residence at Kalaupapa may be reemployed, not to exceed nineteen hours per week, without relinquishing the pension granted to them under this section. Furthermore, notwithstanding any other law relating to this subject, that reemployment shall not result in suspension or termination of payment of the pension granted originally or serve to increase, decrease, or alter the pension in any way."] SECTION 14. Section 326-26, Hawaii Revised Statutes, is repealed: ["§326-26 Persons allowed at places for Hansen's disease patients. (a) No person, not having Hansen's disease, shall be allowed to visit or remain upon any land, place, or inclosure set apart by the department of health for the domiciles and community facilities of persons affected with Hansen's disease, without the written permission of the director of health, or some officer authorized thereto by the department, under any circumstances whatever, and any person found upon such land, place, or inclosure without a written permission shall be fined not less than $10 nor more than $100 for such offense; provided that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as the person may choose, regardless of whether the person has been successfully treated. (b) Notwithstanding subsection (a), upon the request of a patient, the non-patient-spouse of a patient residing at Kalaupapa shall be allowed to reside with the patient-spouse at Kalaupapa. The non-patient-spouse shall not be entitled to receive any services or benefits accorded specifically to Hansen's disease patients at Kalaupapa."] SECTION 15. Section 326-27, Hawaii Revised Statutes, is repealed. ["§326-27 Kalaupapa store; loans for operation and maintenance. (a) All moneys to enable the department of health to operate and maintain the Kalaupapa store, situated in Kalaupapa, Molokai, shall be allocated by the legislature through appropriations out of the state general fund. (b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section. (c) All moneys received in reimbursement of payments made under this section shall be deposited to the credit of the state general fund."] SECTION 16. Section 326-28, Hawaii Revised Statutes, is repealed. ["§326-28 Kalaupapa store prices; penalty. It shall be unlawful for the department of health or its agents to sell or offer for sale any merchandise at the Kalaupapa store at prices exceeding the actual cost thereof, free on board steamer or any other means of transportation at Honolulu. Any person violating this section shall be fined $25 and in addition thereto shall, in the discretion of the department, be subject to removal from office."] SECTION 17. Section 326-29, Hawaii Revised Statutes, is repealed. ["§326-29 Fishing laws exemption; Kalaupapa. Notwithstanding any provision of law to the contrary, state laws on fishing shall not be applicable to Hansen's disease patients of Kalaupapa, provided the patients engage in fishing along the shorelines and in waters immediately adjacent to the county of Kalawao. No fish or other marine products obtained by patients may be sold outside of the county of Kalawao. The department of health shall adopt rules pursuant to chapter 91 necessary to control all fishing and acquisition of marine products by Hansen's disease patients."] SECTION 18. Section 326-30, Hawaii Revised Statutes, is repealed. ["§326-30 Making or taking of pictures without permission prohibited. (a) No person shall photograph, film, or videotape any patient at any facility maintained by the department of health for the care and treatment of persons with Hansen's disease, without the written permission of the patient. (b) Any person violating this section shall be fined not more than $1,000 per incident."] SECTION 19. Section 326-34, Hawaii Revised Statutes, is repealed. ["§326-34 County of Kalawao; governance. (a) The county of Kalawao shall consist of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement, and shall not be or form a portion of the county of Maui, but is constituted a county by itself. As a county it shall have only the powers especially conferred and given by sections 326-34 to 326-38 and, except as provided in those sections, none of the provisions of the Hawaii Revised Statutes regarding counties shall be deemed to refer to or shall be applicable to the county of Kalawao. (b) The county of Kalawao shall be under the jurisdiction and control of the department of health and be governed by the laws, and rules relating to the department and the care and treatment of persons affected with Hansen's disease, except as otherwise provided by law."] SECTION 20. Section 326-35, Hawaii Revised Statutes, is repealed. ["§326-35 Sheriff, appointment, removal. There shall be no county officer in the county other than a sheriff, who shall be a patient resident of and be appointed in the county by the department of health and who shall hold office at the pleasure of the department or until a successor is appointed by the department. When a qualified patient resident is not available, the department may appoint a staff employee or other qualified person to serve as sheriff."] SECTION 21. Section 326-36, Hawaii Revised Statutes, is repealed. ["§326-36 Sheriff, salary. The salary of the sheriff shall be fixed and paid by the department of health out of the appropriation allowed by the legislature for the care and treatment of persons affected with Hansen's disease."] SECTION 22. Section 326-37, Hawaii Revised Statutes, is repealed. ["§326-37 Sheriff, duties. The sheriff of the county of Kalawao shall preserve the public peace and shall arrest and take before the district judge for examination all persons who attempt to commit or who have committed a public offense and prosecute the same to the best of the sheriff's ability."] SECTION 23. Section 326-38, Hawaii Revised Statutes, is repealed. ["§326-38 Sheriff, powers. The sheriff may appoint and dismiss and reappoint as many police officers as may be authorized by the department of health for the county. Patient residents, for the services rendered as police officers, shall receive pay as the department determines and which pay shall be taken out of and from the appropriation made by the legislature for the care and treatment of persons affected with Hansen's disease. The sheriff shall have other powers and duties within the county of Kalawao and appropriate thereto as are prescribed by law for the chiefs of police or police officers of the several counties respectively."] SECTION 24. Section 326-40, Hawaii Revised Statutes, is repealed. ["§326-40 Kalaupapa; policy on residency. The legislature finds that Hawaii's Hansen's disease victims have in many ways symbolized the plight of those afflicted with this disease throughout the world. Their sufferings and social deprivations helped eventually to bring the story of the disease and an understanding of its health ravages to people everywhere. Those patients who settled in Kalaupapa remain a living memorial to a long history of tragic separation, readjustment, and endurance. It is the policy of the State that the patient residents of Kalaupapa shall be accorded adequate health care and other services for the remainder of their lives. Furthermore, it is the policy of the State that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as that patient may choose, regardless of whether or not the patient has been successfully treated. A patient resident of Kalaupapa desiring to take leave may do so without loss of financial allowance or coverage of health care costs given those who remain at Kalaupapa."] PART III SECTION 25. Upon the passing of the last full- or part-time patient resident of Kalaupapa, the governor shall issue a proclamation to affirm the date of passing. The governor shall also immediately deliver a copy of the proclamation to the revisor of statutes. For purposes of this Act, "full- or part-time patient resident of Kalaupapa" means a person who was institutionalized for segregation by order of the department of health because of Hansen's disease and who chose to remain at Kalaupapa or Hale Mohalu after June 30, 1969. SECTION 26. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 27. This Act shall take effect upon its approval; provided that part II of this Act shall take effect on the one-year anniversary of the passing of the last full- or part-time patient resident of Kalaupapa as affirmed in the governor's proclamation, as described in section 25 of this Act. INTRODUCED BY: _____________________________ BY REQUEST
48	48
49	49	PART I
50	50
51	51	SECTION 1. The legislature finds that the population of former Hansen's disease patients residing at Kalaupapa in the county of Kalawao is aging. There are currently seven individuals on the Kalaupapa Registry who receive services from the State. Four of them are full-time residents at Kalaupapa. All these patients are age eighty-three years or older.
52	52
53	53	The legislature finds that the county of Kalawao consists of that portion of the island of Molokai commonly known as the Kalaupapa Settlement and that the county of Kalawao is under the jurisdiction and control of the department of health and governed by the laws and rules relating to the department and the care and treatment of persons affected with Hansen's disease. After the passing of the last full- or part-time patient resident at Kalaupapa, the department of health will no longer provide patient care there but intends to complete environmental remediation work.
54	54
55	55	The legislature further finds that there are many stakeholders that care about the future of the Kalaupapa Settlement and the preservation of the historical, cultural, and environmental significance of the county of Kalawao. This Act reflects preliminary sentiments heard from some Maui county residents that the county of Kalawao be reunited with the county of Maui. A transparent process and opportunity for more extensive public input regarding the transfer of jurisdiction and control of Kalawao county is required.
56	56
57	57	Accordingly, the purposes of this Act are to:
58	58
59	59	(1) Prepare for changes of responsibilities of the department of health upon the passing of the last patient resident of the Kalaupapa Settlement;
60	60
61	61	(2) Commemorate and preserve the historical, cultural, and environmental significance of the peninsula and its residents in Hawaii's history with the establishment of the Kalaupapa State Historical Area; and
62	62
63	63	(3) Provide the public the opportunity for input on the future of the county of Kalawao via the legislative process.
64	64
65	65	PART II
66	66
67	67	SECTION 2. Chapter 6E, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows:
68	68
69	69	"§6E- Kalaupapa state historical area. (a) There shall be a Kalaupapa state historical area that shall consist of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement.
70	70
71	71	(b) The Kalaupapa state historical area is established to preserve the Kalaupapa Settlement, to educate the public, to commemorate the lives of residents with Hansen's disease and the lives of the people who served them, and to recognize the county of Kalawao and its role in the history of Hawaii."
72	72
73	73	SECTION 3. Chapter 326, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
74	74
75	75	"§326- County of Kalawao; cessation; county of Maui. The county of Kalawao that consists of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement shall cease to constitute a county by itself and shall be and form a portion of the county of Maui."
76	76
77	77	SECTION 4. Section 326-1, Hawaii Revised Statutes, is amended to read as follows:
78	78
79	79	"§326-1 [Establishment of facilities] Services for the treatment and care of persons with Hansen's disease. The department of health, subject to the approval of the governor, shall [establish and maintain facilities and] provide services as are necessary for the care and treatment of persons with Hansen's disease and persons who were institutionalized for segregation by order of the department of health because of Hansen's disease.
80	80
81	81	Every [such facility or] service provider shall exercise every reasonable effort to effect a cure of [those] persons[.] with Hansen's disease. All [such] persons with Hansen's disease shall be cared for as well as circumstances will permit, in accordance with accepted medical practices. [Every patient shall be encouraged to take complete treatment so that prompt recovery can be attained. Isolation and treatment shall be compulsory only in those cases where, in the opinion of the department, that treatment is necessary to protect the health of the public, and the department may take such measures as may be necessary to enforce this section, including the adoption of rules pursuant to chapter 91.]"
82	82
83	83	SECTION 5. Section 326-13, Hawaii Revised Statutes, is amended to read as follows:
84	84
85	85	"§326-13 Expenses; rules. [(a)] The department of health shall bear all expenses of travel and other necessary expenses incurred under sections 326-1 to 326-14 and may adopt all rules and forms and perform all acts necessary and proper for carrying out their provisions.
86	86
87	87	[(b) Expenses related to patients shall be tracked separately from nonpatient costs, whenever appropriate and possible.]"
88	88
89	89	SECTION 6. Section 326-24, Hawaii Revised Statutes, is amended to read as follows:
90	90
91	91	"§326-24 Rules. The director of health may adopt rules pursuant to chapter 91 necessary for the conduct of all matters pertaining to Hansen's disease, the treatment and care thereof, and other services provided to persons affected with Hansen's disease[, and the full and complete governance of the county of Kalawao, except as limited by this chapter]."
92	92
93	93	SECTION 7. Section 326-25.5, Hawaii Revised Statutes, is amended to read as follows:
94	94
95	95	"§326-25.5 Annual report. (a) The department of health shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that addresses the following with regard to Kalaupapa Settlement:
96	96
97	97	(1) The department's provision of medical and basic living needs of the patients;
98	98
99	99	(2) The department's progress toward defining and addressing the nonmedical needs of patients;
100	100
101	101	(3) The department's progress toward promoting a positive living environment;
102	102
103	103	(4) The department's management of state resources, including benefits given to employees that are not statutorily defined;
104	104
105	105	(5) The department's progress toward establishing written policies and procedures for Kalaupapa store;
106	106
107	107	(6) The department's progress toward establishing and maintaining a complaint file and adequately addressing complaints;
108	108
109	109	(7) The performance of the administrator, including compliance with job duties;
110	110
111	111	(8) The department's progress toward adequate accountability of state property;
112	112
113	113	(9) Details and justification of approved employee air travel requests and trail pay;
114	114
115	115	(10) Details and updated information, as available, regarding the permanent transfer to other governmental or qualified non-governmental entities of the powers and duties of the department and any other state agency over Kalaupapa Settlement; and
116	116
117	117	(11) Details including efforts of engagement by the department with Molokai community groups, including the addition of Ka Ohana O Kalaupapa and a non-governmental organization from the non-peninsular area of Molokai to be selected by the department in consultation with the non-peninsular area of the Molokai community.
118	118
119	119	(b) Annual reporting shall continue until the earlier of the year in which the passing of the last patient resident occurs or Kalaupapa settlement is no longer under the jurisdiction and control of the department of health."
120	120
121	121	SECTION 8. Section 326-1.3, Hawaii Revised Statutes, is repealed.
122	122
123	123	["[§326-1.3] Liberty, autonomy, and dignity of patient residents. (a) In recognition of the disruptions and hardships experienced over the course of their lives by former Hansen's disease patients residing at Kalaupapa, the legislature declares its intent to ensure that all residents at Kalaupapa are treated with dignity, respect, courtesy, and sensitivity and that the protections extended by this chapter to the patient residents at Kalaupapa are honored and upheld by the department of health to the extent possible within their purview.
124	124
125	125	(b) Notwithstanding any other law to the contrary, the department of health shall promote and protect the personal liberty, autonomy, and dignity of all patient residents at Kalaupapa."]
126	126
127	127	SECTION 9. Section 326-2, Hawaii Revised Statutes, is repealed.
128	128
129	129	["§326-2 Equal treatment of patients. Every Hansen's disease sufferer at Hale Mohalu and Kalaupapa shall be accorded as nearly equal care and privileges as is practicable under the different operating conditions of the two institutions."]
130	130
131	131	SECTION 10. Section 326-11, Hawaii Revised Statutes, is repealed.
132	132
133	133	["§326-11 Voluntary transfer to and from Kalaupapa. Any person undergoing treatment and receiving care for Hansen's disease at Hale Mohalu on June 30, 1969, may be transferred to Kalaupapa for care and treatment if the person desires. Any person who may undergo treatment and receive care for Hansen's disease at Hale Mohalu after June 30, 1969, may apply to the director of health for transfer to Kalaupapa. Any person undergoing treatment and receiving care for Hansen's disease at Kalaupapa may be transferred to Hale Mohalu for care and treatment if the person desires. A person transferred may be retransferred to Kalaupapa if the person desires."]
134	134
135	135	SECTION 11. Section 326-21, Hawaii Revised Statutes, is repealed.
136	136
137	137	["§326-21 Employment of patients. At any facility for the care and treatment of persons with Hansen's disease, the department of health, with the consent of a patient, may employ that patient to perform labor or service.
138	138
139	139	When there are vacancies in positions, classified under chapter 76, at a facility exclusively for the care and treatment of persons with Hansen's disease, employment preference shall be given to temporary release patients and discharged patients from those facilities provided that the persons so hired shall be otherwise qualified under chapter 76.
140	140
141	141	Discharged patients who have been employed prior to December 30, 1960, under chapter 76 in accordance with the second paragraph of this section shall be eligible to receive the same rights and privileges as those enjoyed by temporary release patients employed under the second paragraph of this section."]
142	142
143	143	SECTION 12. Section 326-22, Hawaii Revised Statutes, is repealed.
144	144
145	145	["§326-22 Compensation of patient employees. The compensation for patients employed under section 326-21 shall be set by the department of health; provided that in no case shall the compensation be less than the minimum wage as established by section 387-2.
146	146
147	147	Each patient employee of the department shall be entitled to and granted sick leave with pay and a vacation with pay each calendar year, each calculated at the following rate:
148	148
149	149	For patients working six hours a day, one and one-half days for each month of service;
150	150
151	151	For patients working five hours a day, one and one-quarter days for each month of service;
152	152
153	153	For patients working four hours a day, one day for each month of service.
154	154
155	155	A month of service is defined as eighty or more hours of work which may be accumulated over any period of time to total eighty hours. No more than twelve months of service may be earned and credited in any calendar year, even if the total number of hours worked should exceed nine hundred sixty hours."]
156	156
157	157	SECTION 13. Section 326-23, Hawaii Revised Statutes, is repealed.
158	158
159	159	["§326-23 Pensions for patient employees at facilities. (a) All patient employees or patient laborers at every facility maintained for the treatment and care of persons with Hansen's disease shall be entitled, upon retirement after twenty years or more service with the department of health, to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the monthly wage or salary which the patient was receiving at the time of retirement, or to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the average monthly wage or salary which the patient employee was receiving during the last twelve months of employment at the department of health, whichever is higher. For the period from July 1, 2007, to June 30, 2008, the pension amounts shall be adjusted as follows:
160	160
161	161	(1) Retired patient employees receiving less than $4,000 annually shall be granted a five per cent increase;
162	162
163	163	(2) Retired patient employees receiving $4,000 or more but less than $5,000 annually shall be granted a four per cent increase; and
164	164
165	165	(3) Retired patient employees receiving $5,000 or more annually shall be granted a 2.5 per cent increase.
166	166
167	167	For the period from July 1, 2008, to June 30, 2009, all retired patient employees shall be granted a 2.5 per cent increase. Thereafter, the pension amounts shall remain as adjusted effective for the period ending June 30, 2009.
168	168
169	169	(b) Patient employees may use service with any state department or agency not exceeding five years which has not been credited under the state retirement system in lieu of service with a facility maintained for the treatment and care of persons with Hansen's disease to satisfy the requirements of subsection (a); provided that the service shall be authenticated by official records of the department where service was performed.
170	170
171	171	(c) When work is available at Kalaupapa which may be fulfilled by patient residents of the facility under section 326-21 and there are no applicants for those positions from among the eligible patients, pensioned patients who are in residence at Kalaupapa may be reemployed, not to exceed nineteen hours per week, without relinquishing the pension granted to them under this section. Furthermore, notwithstanding any other law relating to this subject, that reemployment shall not result in suspension or termination of payment of the pension granted originally or serve to increase, decrease, or alter the pension in any way."]
172	172
173	173	SECTION 14. Section 326-26, Hawaii Revised Statutes, is repealed:
174	174
175	175	["§326-26 Persons allowed at places for Hansen's disease patients. (a) No person, not having Hansen's disease, shall be allowed to visit or remain upon any land, place, or inclosure set apart by the department of health for the domiciles and community facilities of persons affected with Hansen's disease, without the written permission of the director of health, or some officer authorized thereto by the department, under any circumstances whatever, and any person found upon such land, place, or inclosure without a written permission shall be fined not less than $10 nor more than $100 for such offense; provided that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as the person may choose, regardless of whether the person has been successfully treated.
176	176
177	177	(b) Notwithstanding subsection (a), upon the request of a patient, the non-patient-spouse of a patient residing at Kalaupapa shall be allowed to reside with the patient-spouse at Kalaupapa. The non-patient-spouse shall not be entitled to receive any services or benefits accorded specifically to Hansen's disease patients at Kalaupapa."]
178	178
179	179	SECTION 15. Section 326-27, Hawaii Revised Statutes, is repealed.
180	180
181	181	["§326-27 Kalaupapa store; loans for operation and maintenance. (a) All moneys to enable the department of health to operate and maintain the Kalaupapa store, situated in Kalaupapa, Molokai, shall be allocated by the legislature through appropriations out of the state general fund.
182	182
183	183	(b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.
184	184
185	185	(c) All moneys received in reimbursement of payments made under this section shall be deposited to the credit of the state general fund."]
186	186
187	187	SECTION 16. Section 326-28, Hawaii Revised Statutes, is repealed.
188	188
189	189	["§326-28 Kalaupapa store prices; penalty. It shall be unlawful for the department of health or its agents to sell or offer for sale any merchandise at the Kalaupapa store at prices exceeding the actual cost thereof, free on board steamer or any other means of transportation at Honolulu. Any person violating this section shall be fined $25 and in addition thereto shall, in the discretion of the department, be subject to removal from office."]
190	190
191	191	SECTION 17. Section 326-29, Hawaii Revised Statutes, is repealed.
192	192
193	193	["§326-29 Fishing laws exemption; Kalaupapa. Notwithstanding any provision of law to the contrary, state laws on fishing shall not be applicable to Hansen's disease patients of Kalaupapa, provided the patients engage in fishing along the shorelines and in waters immediately adjacent to the county of Kalawao.
194	194
195	195	No fish or other marine products obtained by patients may be sold outside of the county of Kalawao.
196	196
197	197	The department of health shall adopt rules pursuant to chapter 91 necessary to control all fishing and acquisition of marine products by Hansen's disease patients."]
198	198
199	199	SECTION 18. Section 326-30, Hawaii Revised Statutes, is repealed.
200	200
201	201	["§326-30 Making or taking of pictures without permission prohibited. (a) No person shall photograph, film, or videotape any patient at any facility maintained by the department of health for the care and treatment of persons with Hansen's disease, without the written permission of the patient.
202	202
203	203	(b) Any person violating this section shall be fined not more than $1,000 per incident."]
204	204
205	205	SECTION 19. Section 326-34, Hawaii Revised Statutes, is repealed.
206	206
207	207	["§326-34 County of Kalawao; governance. (a) The county of Kalawao shall consist of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement, and shall not be or form a portion of the county of Maui, but is constituted a county by itself. As a county it shall have only the powers especially conferred and given by sections 326-34 to 326-38 and, except as provided in those sections, none of the provisions of the Hawaii Revised Statutes regarding counties shall be deemed to refer to or shall be applicable to the county of Kalawao.
208	208
209	209	(b) The county of Kalawao shall be under the jurisdiction and control of the department of health and be governed by the laws, and rules relating to the department and the care and treatment of persons affected with Hansen's disease, except as otherwise provided by law."]
210	210
211	211	SECTION 20. Section 326-35, Hawaii Revised Statutes, is repealed.
212	212
213	213	["§326-35 Sheriff, appointment, removal. There shall be no county officer in the county other than a sheriff, who shall be a patient resident of and be appointed in the county by the department of health and who shall hold office at the pleasure of the department or until a successor is appointed by the department. When a qualified patient resident is not available, the department may appoint a staff employee or other qualified person to serve as sheriff."]
214	214
215	215	SECTION 21. Section 326-36, Hawaii Revised Statutes, is repealed.
216	216
217	217	["§326-36 Sheriff, salary. The salary of the sheriff shall be fixed and paid by the department of health out of the appropriation allowed by the legislature for the care and treatment of persons affected with Hansen's disease."]
218	218
219	219	SECTION 22. Section 326-37, Hawaii Revised Statutes, is repealed.
220	220
221	221	["§326-37 Sheriff, duties. The sheriff of the county of Kalawao shall preserve the public peace and shall arrest and take before the district judge for examination all persons who attempt to commit or who have committed a public offense and prosecute the same to the best of the sheriff's ability."]
222	222
223	223	SECTION 23. Section 326-38, Hawaii Revised Statutes, is repealed.
224	224
225	225	["§326-38 Sheriff, powers. The sheriff may appoint and dismiss and reappoint as many police officers as may be authorized by the department of health for the county. Patient residents, for the services rendered as police officers, shall receive pay as the department determines and which pay shall be taken out of and from the appropriation made by the legislature for the care and treatment of persons affected with Hansen's disease. The sheriff shall have other powers and duties within the county of Kalawao and appropriate thereto as are prescribed by law for the chiefs of police or police officers of the several counties respectively."]
226	226
227	227	SECTION 24. Section 326-40, Hawaii Revised Statutes, is repealed.
228	228
229	229	["§326-40 Kalaupapa; policy on residency. The legislature finds that Hawaii's Hansen's disease victims have in many ways symbolized the plight of those afflicted with this disease throughout the world. Their sufferings and social deprivations helped eventually to bring the story of the disease and an understanding of its health ravages to people everywhere. Those patients who settled in Kalaupapa remain a living memorial to a long history of tragic separation, readjustment, and endurance.
230	230
231	231	It is the policy of the State that the patient residents of Kalaupapa shall be accorded adequate health care and other services for the remainder of their lives. Furthermore, it is the policy of the State that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as that patient may choose, regardless of whether or not the patient has been successfully treated. A patient resident of Kalaupapa desiring to take leave may do so without loss of financial allowance or coverage of health care costs given those who remain at Kalaupapa."]
232	232
233	233	PART III
234	234
235	235	SECTION 25. Upon the passing of the last full- or part-time patient resident of Kalaupapa, the governor shall issue a proclamation to affirm the date of passing. The governor shall also immediately deliver a copy of the proclamation to the revisor of statutes.
236	236
237	237	For purposes of this Act, "full- or part-time patient resident of Kalaupapa" means a person who was institutionalized for segregation by order of the department of health because of Hansen's disease and who chose to remain at Kalaupapa or Hale Mohalu after June 30, 1969.
238	238
239	239	SECTION 26. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
240	240
241	241	SECTION 27. This Act shall take effect upon its approval; provided that part II of this Act shall take effect on the one-year anniversary of the passing of the last full- or part-time patient resident of Kalaupapa as affirmed in the governor's proclamation, as described in section 25 of this Act.
242	242
243	243
244	244
245	245	INTRODUCED BY: _____________________________
246	246	BY REQUEST
247	247
248	248	INTRODUCED BY:
249	249
250	250	_____________________________
251	251
252	252
253	253
254	254
255	255
256	256	BY REQUEST
257	257
258	258	Report Title: DOH; Kalaupapa State Historical Area; Hansen's Disease; Expenses; Rules; Annual Report; Transfer to the County of Maui Description: Establishes the Kalaupapa State Historical Area. Authorizes the Department of Health to continue providing services statewide to Hansen's disease patients living in the community. Repeals sections of chapter 326, Hawaii Revised Statutes, upon the one-year anniversary of the passing of the last patient resident of Kalaupapa as affirmed in the Governor's proclamation. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
259	259
260	260
261	261
262	262
263	263
264	264
265	265
266	266	Report Title:
267	267
268	268	DOH; Kalaupapa State Historical Area; Hansen's Disease; Expenses; Rules; Annual Report; Transfer to the County of Maui
269	269
270	270
271	271
272	272	Description:
273	273
274	274	Establishes the Kalaupapa State Historical Area. Authorizes the Department of Health to continue providing services statewide to Hansen's disease patients living in the community. Repeals sections of chapter 326, Hawaii Revised Statutes, upon the one-year anniversary of the passing of the last patient resident of Kalaupapa as affirmed in the Governor's proclamation.
275	275
276	276
277	277
278	278
279	279
280	280
281	281
282	282	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.