HB 1645 Hawaii House · 2026 Regular Session

RELATING TO LIABILITY.

Summary

Provides certain liability protections for nonprofit child welfare service organizations that are under contract with the Department of Human Services to provide child welfare services to children and families. Prohibits contracts between nonprofit child welfare service organizations and the State from including indemnification and hold harmless provisions and from requiring either party to name the other as an additional insured in their respective liability insurance policies. Prohibits pre- and post-judgment interest and punitive damages for nonprofit child welfare service organizations. Requires actions against nonprofit child welfare service organizations to be tried by the court, except in certain circumstances. Removes joint and several liability for nonprofit child welfare service organizations. Specifies that no bond shall be required from a nonprofit child welfare service organization on appeal. Effective 1/30/2050. (SD1)

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

House Passage

Mar 2026

Senate Passage

Mar 2026

Governor

Introduced Jan 20, 2026 Last action Mar 30, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

HB1645_HD3 → HB1645_SD1 · 3 edits

MINOR

This bill update expands the definition of covered organizations to include those serving families, not just children. It introduces new restrictions preventing the State and these organizations from requiring each other to indemnify the other or be listed as additional insureds on insurance policies. The effective date of the law was also moved forward from the year 3000 to 2050.

Scope change

The scope of organizations covered by the bill was broadened to explicitly include 'families' in addition to 'children' in the definition of a nonprofit child welfare service organization.

DEFINITION

The definition of a covered nonprofit organization was updated to specify that it must provide services to both children and families.

REQUIREMENT

New provisions were added to prohibit contracts between the State and these organizations from including indemnification clauses or requirements to name each other as additional insureds on liability insurance.

TIMELINE

The effective date of the legislation was changed from July 1, 3000, to January 30, 2050.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 30, 2026

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.

upper

Mar 30, 2026

Committee

Reported from HHS/CPN (Stand. Com. Rep. No. 3337) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.

upper

Mar 24, 2026

Upper · Passed

The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 5 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Mar 20, 2026

Upper · Passed

The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.

upper

Mar 16, 2026

Upper · Passed

The committee(s) on HHS/CPN has scheduled a public hearing on 03-20-26 9:30AM; Conference Room 229 & Videoconference.

upper

Mar 12, 2026

Committee

Referred to HHS/CPN, JDC.

upper

Mar 12, 2026

Introduced

Received from House (Hse. Com. No. 255).

upper

Mar 10, 2026

Lower · Passed

Passed Third Reading as amended in HD 3 with Representative(s) Garcia, Iwamoto, Shimizu voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.

lower

Feb 26, 2026

Lower · Passed

The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Kong, Lowen, Tam; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Iwamoto, Marten, Pierick.

lower

Feb 20, 2026

Lower · Passed

Report adopted; referred to the committee(s) on CPC as amended in HD 2 with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).

lower

Feb 20, 2026

Committee

Reported from JHA (Stand. Com. Rep. No. 739-26) as amended in HD 2, recommending referral to CPC.

lower

Feb 13, 2026

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Sayama; Ayes with reservations: Representative(s) Garcia, Shimizu; Noes: none; and 2 Excused: Representative(s) Cochran, Takayama.

lower

Feb 9, 2026

Committee

Reported from HSH (Stand. Com. Rep. No. 65-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

lower

Feb 3, 2026

Lower · Passed

The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none.

lower

Jan 30, 2026

Committee

Re-referred to HSH, JHA, CPC, referral sheet 5

lower

Jan 26, 2026

Committee

Referred to HSH, JHA, referral sheet 1

lower

Jan 21, 2026

Introduced

Introduced and Pass First Reading.

lower

Jan 20, 2026

Introduced

Prefiled.

lower

10 primary · 0 co-sponsors