HB444 HD1 SD1
RELATING TO CIVIL UNIONS.
Extends the same rights, benefits, protections, and responsibilities of spouses in a marriage to partners in a civil union.

HB865 HD1 SD1 CD1
RELATING TO TRANSPORTATION.
Establishes an unfunded mandate on the State Department of Transportation by setting up a working group to perform a feasibility study on transferring state highway maintenance functions to Maui County without providing resources or allowing adequate time for the study.

HB921 HD1 SD2
RELATING TO PUBLIC LANDS.
Complicates the transfer of 999-year homestead leases, bypassing existing statutes that provide for the determination of successorship.

HB1212 HD1 SD1 CD1
RELATING TO INFORMATION PRACTICES.
Disallows the Department of Commerce and Consumer Affairs from disclosing pending complaints against a business or professional to the detriment of consumers who need the information for informed decision-making.

HB2083 HD1 SD2
RELATING TO MILK LABELING.
Requires milk beverages to be labeled in a manner that does not comply with the National Conference of Interstate Milk Shippers Pasteurized Milk Regulations and may violate the Interstate Commerce Clause of the U.S. Constitution.

HB2133 HD1 SD1 CD1
RELATING TO PROCUREMENT.
Needlessly requires the State Procurement Office to authorize reseller agreements in multi-state contracting agreements, and narrowly defines “local reseller”.

HB2152 HD1 SD1
RELATING TO BUILDING DESIGN FOR PERSONS WITH DISABILITIES.
Increases the cost of planning and designing housing, public buildings, and other construction by allowing the Disability and Communication Access Board (DCAB) to charge a significant fee for the review of American Disabilities Act compliance.

HB2239 SD2 CD1
RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.
Increases the cost of dietary supplements and impacts consumers purchasing healthy beverages by repealing the exemption such supplements currently have from the Hawai‘i Deposit Beverage Container Recycling Program.

HB2377 HD3 SD2 CD1
RELATING TO EDUCATION.
Amends the Board of Education composition and member selection process in a manner that may not ensure the Board will be composed of members who reflect the best interests of the public and who understand the role of setting public education policies.

HB2441 HD2 SD2 CD1
RELATING TO PROCUREMENT.
Creates unrealistic deadlines for the Department of Transportation and Department of Hawaiian Home Lands to award public contracts on bid proposals, and encourages inappropriate relationships by specifying that gifts made to the State shall not constitute or require a procurement contract.

HB2497 SD1 CD1
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS.
Authorizes the issuance of up to $40,000,000 in Special Purpose Revenue Bonds to Carbon Bio-Engineers despite possible patent ownership and licensing issues associated with this firm.

HB2583 SD2 CD1
RELATING TO IMPOUNDED VESSELS.
Violates the Hawai‘i State Constitution by embracing more subjects than its title allows by adding provisions outside of this scope of impounded vessels.

HB2644 HD2 SD2 CD1
RELATING TO SOLID WASTE.
Increases the cost of waste disposal by expanding the current solid waste disposal fee to include solid waste disposed out-of-State.

HB2708 HD1 SD1
RELATING TO TRANSPORTATION.
Unnecessarily requires the Department of Transportation to establish administrative rules regarding the public involvement process, even though public involvement policies have already been adopted by the Department.

SB1105 SD2 HD1 CD1
RELATING TO LEGISLATIVE HEARINGS AND PROCEDURES.
Burdens state agencies with the task of preparing for hearings and briefings that are duplicative and waste state resources.

SB2020 HD2 CD1
RELATING TO REAL PROPERTY.
Extends Act 189, Session Laws of Hawai‘i 2009, which changes the process for renegotiating the amount of rent during the term of an existing commercial or industrial lease, despite litigation that has deemed the Act unconstitutional.

SB2045 SD1 HD1 CD1
RELATING TO CRIME.
Proposes the establishment of class A and B sexual human trafficking offenses that make prosecutions more difficult under Hawai‘i law, by not clearly defining the prohibited conduct in such a way that it can be enforced and prosecuted in court.Read the Governor’s veto message.

SB2324 SD2 HD2 CD1
RELATING TO UNEMPLOYMENT INSURANCE BENEFITS.
Violates the intent of Unemployment Insurance benefits by unfairly allowing certain partially unemployed individuals attached to a regular employer to continue receiving unemployment benefits even if they voluntarily quit their secondary part-time employment.

SB2434 SD1 HD1 CD1
RELATING TO SALARIES.
Allows salary increases and bonuses for the Department of Education’s Superintendent, Deputy Superintendent, Assistant Superintendents, Complex Areas Superintendents, and the State Librarian at a time when other State workers are losing their jobs, being furloughed, or experiencing salary reductions.

SB2473 SD1 HD2 CD1
RELATING TO HOUSING.
Allows an unlimited number of grandchildren of elderly housing project residents to reside with seniors under certain situations even though elderly housing projects have limited space and are not designed to accommodate children.

SB2491 SD2 HD1 CD1
RELATING TO TELEMEDICINE.
Jeopardizes federal funding for certain Medicaid services by authorizing health plans under Medicaid or QUEST programs to deliver telehealth services without the approval of the Federal Centers for Medicaid and Medicare Services or oversight by the Department of Human Services.

SB2534 SD2 HD1 CD1
RELATING TO BAIL.
Adversely impacts state and county law enforcement agencies by requiring them to divert limited resources to accept bail on weekends and holidays when the courts are closed, without the proper training, facilities or staffing.

SB2547 SD1 HD1
RELATING TO SMALL BOAT HARBORS.
Favors a specific landowner and certain tour operators by requiring the Department of Land and Natural Resources to regulate commercial boat operators bringing visitors onto “quasi-public” property despite the Department lacking necessary resources to do so.

SB2566 HD2 CD1
RELATING TO MEDICAL AND REHABILITATION BENEFITS.
Increases workers’ compensation costs and the potential for conflicts of interest by allowing doctors to perform one-time diagnostic consultations at medical facilities in which they have a financial interest, without verification from the insurer or employer that the consultation is necessary.

SB2610 HD1 CD1
RELATING TO CONVEYANCE TAX.
Forces the Department of Taxation to reprioritize the scanning of its own tax documents and payment vouchers by requiring the Department to provide free digital images of property conveyance certificates to county real property assessment divisions by a specific time.

SB2849 SD2 HD1 CD1
RELATING TO THE HAWAI‘I EMPLOYER-UNION HEALTH BENEFITS TRUST FUND.
Irresponsibly exempts from the state budget allotment process $478,025,239 in general fund appropriations to the Hawai‘i Employer-Union Health Benefits Trust Fund for fiscal year 2011.

SB2883 SD1 HD2 CD1
RELATING TO EMPLOYMENT PRACTICES.
Legislates a collective bargaining matter that may be preempted by the federal Labor Management Relations Act of 1947 by making it unlawful for employers to fire, demote, or withhold pay from an employee using accrued sick leave.

SB2919 SD1 HD1 CD1
RELATING TO THE HAWAI‘I STATE HOSPITAL.
Improperly transfers the responsibility for security at the Hawai‘i State Hospital from the Department of Health to the Department of Public Safety.

SB2951 SD2 HD2 CD1
RELATING TO AGRICULTURE.
Discourages the use of public land for valid and necessary public purposes by providing unprecedented compensation to agricultural lessees of public land when such leases are withdrawn by the Department of Land and Natural Resources for public uses.

Civil union supporters join hands in unity and hope

Governor Lingle in a press conference today vetoed a bill that would have granted the same rights and benefits of marriage to same-sex couples. ”I have been open and consistent in my opposition to same-sex marriage, and find that House Bill 444 is essentially same sex marriage by another name,” she said. Lingle also stated the issue is of such societal importance it deserves to be decided by all the people of Hawaii.

At the end of a long road, both proponents and opponents of HB444 gathered on the steps of the State Capitol and waited for hours to hear the governor’s decision on civil unions in Hawaii. With each group claiming their separate areas, the State Capitol was physically divided today by an invisible line. It served as a sad reminder of how divisive this issue still is. 

Mahalo to Civil Beat for posting a great photo gallery documenting the scene at the Capitol today. Read national coverage of the governor’s veto on CNN and NPR.

Eighteen State Senators gathered in caucus this morning in preparation for a special session to override Governor Lingle’s anticipated vetoes, with additional Senators expected to arrive before votes were cast. However, with the State House of Representatives’ decision not to convene, the Senators’ meeting was a sign of their commitment. In addition, as of 11:55 this morning, the Senate had received no veto messages today from Governor Lingle.

“We thought it was important that we demonstrate our willingness to consider overrides,” said Senate President Colleen Hanabusa. “While we cannot convene without the House, we were ready to convene if the opportunity arose.”

Even without the governor’s vetoes in hand, the constitution requires that the Senate and House to convene at or before 12:00 noon and recess while awaiting those messages.

A veto override would have required a vote by 17 Senators.

• The bill does not appear to have the requisite two-thirds vote in both chambers necessary to override a veto;

• The bill does not rise to a sufficient level of statewide concern to warrant the extraordinary action of a legislative override;

• The Governor’s preliminary objections to the bill have sufficient merit deserving of further evaluation;

• Although the bill was intended to enhance state revenue to balance the budget when passed during the session, it is now no longer necessary because of the Council on Revenue’s improved revenue projection.

“It’s my personal belief that simply because we have the legislative super-majority to override is not justification for us to do so. Partisan politics should not be a consideration or basis for any policy decision. The House should be proud of the work accomplished during the regular session – including balancing the state’s budget without increasing the general excise tax, without increasing income taxes on low- and moderate-income families, and without scooping the counties’ hotel tax share,” said Speaker Calvin Say.

On June 21, 2010 the Governor released to the Legislature her list of 39 bills that were intended for veto. The list included bills on public safety, civil union, homelessness, education and more.

by Senator Will Espero
District 19

Democrats believe in extending the ladder of opportunity because the overall well-being of society improves as more citizens are able to reach their goals.  As we and our neighbors achieve our own “American dream,” our well-being spills over into the community.  That is why Democrats have traditionally invested in education, in job training, in strengthening families, and home ownership.  Becoming better educated, acquiring valuable workplace skills, being able to buy a home of our own and shape our family lives in a positive way, all contribute to the stability and productivity of society.

Under the Bush Administration, federal financial aid was cut by $12.5 billion, drastically reducing the amount of student aid available for our high school graduates to attend college.  Funding restrictions put the maximum Pell Grant at $4,050 for 2003-2004, up to $4,731 for 2008-2009.  With rising tuition and other higher education costs, these Bush Administration reductions strained the ability of students to obtain the training they needed for the career goals they had.

HR 4872, the “Health Care & Education Affordability Reconciliation Act of 2010,” helps restore the American dream.  Known as SAFRA (”Student Aid & Fiscal Responsibility Act”), the education portion of the health care reform law enables more students to attain a university education.  Investing in students is an investment in America’s future.

The greater availability of financial aid also strengthens families.  Parents are stressed with paying a mortgage and daily life expenses.  The additional expense of putting their grown children through college makes parental responsibility even more difficult.  The greater availability of college funding provides financial and personal relief to those parents who want their children to reach their potential through higher education.  Those young people will also be better able to support the families they someday will have after they train for a career.

SAFRA spreads out federal education dollars in part by eliminating subsidies to private banks.  It instead uses the cost-effective route of the federal Department of Education administering the student loan program.  Under the previous system, the federal government paid private banks money to give out student loans.  By eliminating those bank subsidies, that money can be rechanneled toward more student financial aid. 

HR 4872 bolsters the Pell Grant, a long-standing Democratic program that has enabled students to be able to go to college.  It originated in 1965, is named after its sponsor, Senator Claiborne Pell of Rhode Island, and is known also as the Basic Educational Opportunity Grant (BEOG) program.  SAFRA amends the Higher Education Act to include mandatory funding for the Pell Grant and includes an appropriation of $13.5 billion. 

The College Access Challenge Grant program will receive $150 million for fiscal years 2010 through 2014.  Funding would be extended through 2019 for programs at “minority-serving institutions” including programs that help low-income students earn degrees in science, technology, engineering or math.  Alaska/Native Hawaiian institutions will receive $15 million; $5 million will go to Asian American and Pacific Islander Institutions, and $5 million is appropriated to Native American non-tribal serving institutions.

Repaying student loans after graduating is another measure of relief.  The Income-Based Repayment program is amended to cap student loan payment for new borrowers after July 1, 2014.  Currently at 15%, loan repayment would go down to 10%.  Loans previously, had 25 years to be repaid.  The amendment would forgive remaining balances after 20 years of repayment.  This especially helps students with high loans, such as medical students.

When the health care reform bill was finally passed in the US Senate, Democrats observed with solemnity the absence of one of its strongest advocates, Senator Ted Kennedy, who had long fought for health care for all Americans.  The education portion of the reforms would have been dear to him as well.  As was said of the “Happy Warrior,” Senator Kennedy’s life was “not to champion those with wealth or power or special connections.  It was to give a voice to those who were not heard; to add a rung to the ladder of opportunity; to make real the dream of our founding.”

Photo by Honolulu Star Advertiser

Senate President Colleen Hanabusa today issued the following statement expressing her condolences on the passing of former Hawaii Chief Justice William S. Richardson:

“I am deeply saddened to hear of the passing of Chief Justice William S. Richardson, who did so much for our state, our judiciary, and for Native Hawaiians. I offer my condolences to his family and to all of those who will feel his loss.

“I consider myself fortunate that I was able to get to know C.J. Richardson and to have a chance to discuss so many important issues with him. I gained a great deal from his valuable insights on a host of issues facing our state, not the least of which was the rights of Native Hawaiians and the vital importance of preserving our host culture.

“I believe this is a time for us to stop and consider the great impact C.J. Richardson had on our state. In the areas of land and water rights, his leadership on the Hawaii Supreme Court helped protect the rights of ordinary people. His advocacy helped ensure the establishment of the law school that bears his name, allowing us to educate lawyers who truly understand local issues. I am proud to be among its graduates.  More recently, I often saw him at the law school, lecturing to or meeting with students, to share his lifetime of experience.

“For his generosity, his guidance, and his deep love for Hawaii, we owe William Richardson a great debt. I will miss him.”

Governor Linda Lingle today submitted to the State Legislature a list of 39 bills that she is considering for potential vetoes.

The bills are being considered for potential veto due to various factors including:

1. Significant negative impacts on the public
2. Legal or constitutional concerns
3. Potential unintended consequences, and
4. Technical flaws in the legislation.

The Governor has placed some bills on the list to preserve her option to veto them while the Administration continues to review them.

“While the Legislature each year passes legislation it believes is important, it is my duty as Governor to ensure the bills that become law are constitutional, fiscally responsible and in the State’s and the public’s long-term best interest,” said Governor Lingle.

“This year, as in prior years, my Administration is taking a prudent approach of questioning bills that use limited State resources ineffectively or that would hamper our economic recovery,” the Governor added.

The Governor is required by the Hawai‘i Constitution to give the Legislature 10 days notice of any bill she is considering vetoing, prior to the deadline when she must take final action on the bills passed in the 2010 legislative session. This year the deadline to veto bills is July 6.

Public comments on the 39 bills being considered for vetoes may be sent to the Governor’s office as follows:

Email: governor.lingle@hawaii.gov or gov.policy@hawaii.gov

Fax: (808) 586-0006

Mail: Office of the Governor
Hawai‘i State Capitol, Executive Chambers
Honolulu, Hawai‘i 96813

**********

2010 Potential Vetoes

HB415 HD2 SD2 CD1
RELATING TO PUBLIC SAFETY.
Veto Explanation: Directs the auditor to conduct an expensive and unnecessary audit of the Department of Public Safety’s contracts with mainland prisons and the Honolulu federal detention center.

HB444 HD1 SD1
RELATING TO CIVIL UNIONS.
Veto Explanation: Extends the same rights, benefits, protections, and responsibilities of spouses in a marriage to partners in a civil union.

HB865 HD1 SD1 CD1
RELATING TO TRANSPORTATION.
Veto Explanation: Establishes an unfunded mandate on the State Department of Transportation by setting up a working group to perform a feasibility study on transferring state highway maintenance functions to Maui County without providing resources or allowing adequate time for the study.

HB921 HD1 SD2
RELATING TO PUBLIC LANDS.
Veto Explanation: Complicates the transfer of 999-year homestead leases, bypassing existing statutes that provide for the determination of successorship.

HB1015 HD1 SD2 CD1
RELATING TO OBLIGATIONS OF THE DEPARTMENT OF HAWAIIAN HOME LANDS TRUST FUND.
Veto Explanation: Violates the Hawaii State Constitution by embracing more subjects than its title allows and creates ambiguities in the law by amending various provisions relating to the Department of Hawaiian Home Lands.

HB1212 HD1 SD1 CD1
RELATING TO INFORMATION PRACTICES.
Veto Explanation: Disallows the Department of Commerce and Consumer Affairs from disclosing pending complaints against a business or professional to the detriment of consumers who need the information for informed decision-making.

HB1665 HD1 SD2 CD1
RELATING TO HAWAIIAN FISHPONDS.
Veto Explanation: Prohibits the sale or transfer of government-owned Hawaiian fish ponds, which inadvertently results in the Department of Transportation caring for fish ponds that were intended to be made available to other organizations after being acquired as part of the Kalanianaole Highway widening project.

HB1907 HD1 SD1 CD1
RELATING TO TAXATION.
Veto Explanation: Adversely impacts Hawaii taxpayers and businesses by capping state income tax itemized deductions and making the capital goods excise tax credit nonrefundable for businesses until January 1, 2016, contrary to sound economic policy.

HB2083 HD1 SD2
RELATING TO MILK LABELING.
Veto Explanation: Requires milk beverages to be labeled with the date of pasteurization or the date of packaging without clearly defining what is considered pasteurized milk and which pasteurization date should be used; also takes Hawaii out of compliance with the National Conference of Interstate Milk Shipper’s Pasteurized Milk Regulations.

HB2133 HD1 SD1 CD1
RELATING TO PROCUREMENT.
Veto Explanation: Inappropriately requires the State Procurement Office to authorize reseller agreements in multi-state contracting agreements, and narrowly defines “local reseller.”

HB2152 HD1 SD1
RELATING TO BUILDING DESIGN FOR PERSONS WITH DISABILITIES.
Veto Explanation: Increases the cost of planning and designing housing, public buildings, and other construction by allowing the Disability and Communication Access Board (DCAB) to charge a significant fee for the review of American Disabilities Act compliance, duplicating compliance reviews already done by professional architects and engineers.

HB2239 SD2 CD1
RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.
Veto Explanation: Increases the cost of dietary supplements and impacts consumers purchasing healthy beverages by repealing the exemption such supplements currently have from the expensive and ineffective Hawaii Deposit Beverage Container Recycling Program.

HB2283 HD2 SD1 CD1
RELATING TO PUBLIC PROCUREMENT.
Veto Explanation: Subjects public employees and private entities to criminal sanctions under vague and non-specific principles of procurement ethics.

HB2289 HD2 SD1 CD1
RELATING TO GIFT CERTIFICATES.
Veto Explanation: Establishes fees on the issuance of gift certificates, reversing previous statutes that prohibited such fees.

HB2318 HD2 SD1 CD1
RELATING TO THE HOMELESS.
Veto Explanation: Requires the Hawaii Public Housing Authority to establish programs and services without clearly defining the eligible population or providing a sustainable, long-term source of funding.

HB2377 HD3 SD2 CD1
RELATING TO EDUCATION.
Veto Explanation: Amends the Board of Education composition and member selection process in a manner that may not ensure the Board will be composed of members who reflect the best interests of the public and who understand the role of setting public education policies.

HB2441 HD2 SD2 CD1
RELATING TO PROCUREMENT.
Veto Explanation: Creates unrealistic deadlines for the Department of Transportation and Department of Hawaiian Home Lands to award public contracts on bid proposals, and encourages inappropriate relationships by specifying that gifts made to the State shall not constitute or require a procurement contract.

HB2497 SD1 CD1
RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS.
Veto Explanation: Authorizes the issuance of up to $40,000,000 in Special Purpose Revenue Bonds to Carbon Bio-Engineers despite possible patent ownership and licensing issues associated with this firm.

HB2583 SD2 CD1
RELATING TO IMPOUNDED VESSELS.
Veto Explanation: Violates the Hawaii State Constitution by embracing more subjects than its title allows by adding provisions outside of the scope of impounded vessels.

HB2644 HD2 SD2 CD1
RELATING TO SOLID WASTE.
Veto Explanation: Increases the cost of waste disposal by expanding the current solid waste disposal fee to include solid waste disposed out-of-State.

HB2708 HD1 SD1
RELATING TO TRANSPORTATION.
Veto Explanation: Unnecessarily requires the Department of Transportation to establish administrative rules regarding the public involvement process, even though public involvement policies have already been adopted by the Department.

HB2774 HD2 SD2 CD1
RELATING TO HUMAN SERVICES.
Veto Explanation: Decreases the effectiveness of the Hawaii Premium Plus Program to create jobs by prohibiting the Department of Human Services from expending more than $5 million on the program within a nine-month period starting May 1, 2010.

SB1105 SD2 HD1 CD1
RELATING TO LEGISLATIVE HEARINGS AND PROCEDURES.
Veto Explanation: Burdens state agencies with the task of preparing for hearings and briefings that are duplicative and waste state resources.

SB2001 SD1 HD1
RELATING TO TAXATION.
Veto Explanation: Extends the Tax Credit for Research Activities by one year at the expense of the High Technology Business Investment Tax Credit and Technology Infrastructure Tax Credit, which must be repealed early on May 1, 2010 instead of December 31, 2010, reversing the State’s commitments to job creating businesses and their investors.

SB2020 HD2 CD1
RELATING TO REAL PROPERTY.
Veto Explanation: Extends Act 189, Session Laws of Hawaii 2009, which changes the process for renegotiating the amount of rent during the term of an existing commercial or industrial lease, despite litigation that has deemed the Act unconstitutional.

SB2045 SD1 HD1 CD1
RELATING TO CRIME.
Veto Explanation: Proposes the establishment of class A and B sexual human trafficking offenses to prohibit conduct that is already prohibited under Hawaii law, and does not clearly define the prohibited conduct in a way that can be enforced and prosecuted in court.

SB2165 SD1 HD2 CD1
RELATING TO PRIVATE GUARDS.
Veto Explanation: Establishes registration and licensure requirements for security guards and individuals acting in a guard capacity that may not be appropriate for all guards in the industry.

SB2324 SD2 HD2 CD1
RELATING TO UNEMPLOYMENT INSURANCE BENEFITS.
Veto Explanation: Violates the intent of Unemployment Insurance benefits by unfairly allowing certain partially unemployed individuals attached to a regular employer to continue receiving unemployment benefits even if they voluntarily quit their secondary part-time employment.

SB2434 SD1 HD1 CD1
RELATING TO SALARIES.
Veto Explanation: Allows hefty salary increases, including bonuses, for certain education staff including the Superintendent and Complex Area Superintendents, that could provide up to a maximum compensation of $250,000 per year without statutorily specific performance obligations.

SB2473 SD1 HD2 CD1
RELATING TO HOUSING.
Veto Explanation: Allows an unlimited number of grandchildren of elderly housing project residents to reside with seniors under certain situations even though elderly housing projects have limited space and are not designed to accommodate children.

SB2491 SD2 HD1 CD1
RELATING TO TELEMEDICINE.
Veto Explanation: Jeopardizes Federal funding for certain Medicaid services by allowing health plans under Medicaid or QUEST programs to deliver telehealth services in rural counties by mobile medical van without the approval of the Federal Centers for Medicaid and Medicare Services or oversight by the Department of Human Services.

SB2534 SD2 HD1 CD1
RELATING TO BAIL.
Veto Explanation: Adversely impacts state and county law enforcement agencies by requiring them to divert limited resources to accept bail on weekends and holidays when the courts are closed, without the proper training, facilities or staffing.

SB2547 SD1 HD1
RELATING TO SMALL BOAT HARBORS.
Veto Explanation: Favors a specific landowner and certain tour operators by requiring the Department of Land and Natural Resources to regulate commercial boat operators bringing visitors onto “quasi-public” property despite the Department lacking necessary resources to do so.

SB2566 HD2 CD1
RELATING TO MEDICAL AND REHABILITATION BENEFITS.
Veto Explanation: Increases workers’ compensation costs and the potential for conflicts of interest by allowing doctors to perform one-time diagnostic consultations at medical facilities in which they have a financial interest, without verification from the insurer or employer that the consultation is necessary.

SB2610 HD1 CD1
RELATING TO CONVEYANCE TAX.
Veto Explanation: Forces the Department of Taxation to reprioritize the scanning of its own tax documents and payment vouchers by requiring the Department to provide free digital images of property conveyance certificates to county real property assessment divisions by a specific time.

SB2849 SD2 HD1 CD1
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND.
Veto Explanation: Irresponsibly exempts from the state budget allotment process $478,025,239 in general fund appropriations to the Hawaii Employer-Union Health Benefits Trust Fund for fiscal year 2011.

SB2883 SD1 HD2 CD1
RELATING TO EMPLOYMENT PRACTICES.
Veto Explanation: Legislates a collective bargaining matter that may be preempted by the federal Labor Management Relations Act of 1947 by making it unlawful for employers to fire, demote, or withhold pay from an employee using accrued sick leave.

SB2919 SD1 HD1 CD1
RELATING TO THE HAWAII STATE HOSPITAL.
Veto Explanation: Improperly transfers the responsibility for security at the Hawaii State Hospital from the Department of Health to the Department of Public Safety.

SB2951 SD2 HD2 CD1
RELATING TO AGRICULTURE.
Veto Explanation: Discourages the use of public land for valid and necessary public purposes by providing unprecedented compensation to agricultural lessees of public land when such leases are withdrawn by the Department of Land and Natural Resources for public uses.

“While it may be appealing to say that we should impose zero tolerance and simply take away the licenses of those convicted of DUI, the reality is that people whose licenses have been revoked still need to get to work, to transport their families, and to fulfill other obligations, and there is still no efficient alternative to driving. We needed another tool to address it, and this ignition interlock legislation provides just such a tool.”

Senator English serves as Chair of the Senate Committee on Transportation, International and Intergovernmental Affairs, which reviewed and recommended passage of SB2897 during the 2010 legislative session.

Senate Committee on Labor and House Committee on Labor & Public Employment yesterday held a joint informational briefing to explore questions that have arisen over the Hawaii Department of Labor & Industrial Relations (DLIR) and Hawaii Occupational Safety & Health Division’s (HIOSH) investigation into the death of a worker in the collapse of a Hawaiian Cement tower at Campbell Industrial Park in May, 2009.

HIOSH issued $750 fines each to AG Transport, a contractor hired to demolish the tower, and the general contractor Sans Construction of Hawaii, for violating safety rules.

In a letter to DLIR director Darwin Ching dated May 11, Senate Labor chair Dwight Takamine and House Labor & Public Employment chair Karl Rhoads said, “Such fines appear rather small, considering that statutorily you have the authority to fine up to $7,000. Moreover, we are concerned that these small fines will fail to act as a deterrent to others that endanger worker safety.”

“We want some clarity on how the DLIR and its director determined the fine,” said Sen. Takamine. “The companies failed to provide a required, written engineering survey of the tower that they were supposed to have before starting work. The result was a fatal accident. How does this warrant a $750 fine?”

“One purpose of the statutory fine is to encourage contractors to follow the safety rules,” said Rep. Rhoads. “A small fine is not a deterrent, particularly when you consider that their failure to follow the established safety standards apparently led to exactly the kind of accident the standards are intended to protect against.”

“DLIR, HIOSH and Director Darwin Ching may have their reasons for imposing a fine far below the maximum allowed by law,” Senator Takamine concluded, “but their reasoning is not clear to us. We think they should explain their decision, for the sake of Hawaii’s workers, for the man who lost his life, and for his family.”

Killed in the May 2009 collapse was Juan Navarro of California, who was preparing the 168-foot tower for demolition at the time of the collapse. He was an employee of AG Transport.

“The Republic of Kiribati is a particularly meaningful place for us to gather and discuss climate change,” English said. “It is made up of hundreds of low-lying atolls which are at the forefront of high sea rise and the potentially devastating effects of climate change. Most of the island countries, states and territories of the Pacific are the least to contribute to climate change, but are the most vulnerable to its effects.”

“Kiribati is our ‘canary in the coal mine’ when it comes to changes in sea levels,” English continued. “We may see the effects there first, but we will also eventually see them in Hawaii as well.”

“If the ocean around Hawaii were to rise three feet, Waikiki would be under water,” English said. “All of us across the Pacific, large and small, need to address these questions now, before it is too late.”

This is also English’s final General Assembly as president of APIL. He was elected to the post in May, 2008, after serving two terms as vice president.

“It has been an honor to help lead this very dedicated group,” he said. “We have had an opportunity to examine a number of areas of mutual interest where regional cooperation, coordination, exchange and assistance can help our individual governments achieve important goals through collective action. I’m glad that Hawai‘i has played a role in these efforts, and that I have had an opportunity to contribute whatever I could to the discussion.”

The APIL’s mission is to organize a permanent association of mutual assistance by representatives of the people of the Pacific Islands. Current issues before the APIL include those arising in the areas of Resources and Economic Development, Commerce, Legislation, Energy, Regional Security and Defense, Communications, Cultural Appreciation, Health and Social Services, Education, Agriculture, Air and Sea Transportation, Aquaculture, Sports and Recreation, Youth and Senior Citizens, Tourism, Finance, Political Status, External Relations, and Development Banking.

Among the Pacific Island states participating in the APIL are American Samoa; Commonwealth of the Northern Mariana Islands; Federated States of Micronesia States of Chuuk, Kosrae, Pohnpei, and Yap; Island of Guam; Republic of the Marshall Islands; Republic of Palau; State of Hawai‘i; Republic of Kiribati; and Republic of Nauru.