The Veto List 2011

Governor Abercrombie released a list of 23 bills that he intends to veto. The veto deadline is July 12, 2011. On the list are:

SB23 Relating to Native Hawaiians (Aha Kiole Advisory Council)

SB590 Relating to the Legislative Federal Economic Stimulus Program Oversight Commission (Extends sunset date to Dec. 31, 2011)

SB1493 Relating to Light Pollution (Requires fully shielded outdoor light fixtures by July 1, 2013)

SB1417 Relating to the State Rehabilitation Council (Minimum number of members for quorum)

SB40 Relating to Pseudoephedrine (Tracking system for sale of products that contain pseudoephdrine)

HB56 Relating to Child Visitation (Grandparent visitation)

SB44 Relating to Public Safety (Inmate rehabilitation and re-entry)

HB318 Relating to Vog (Interagency task force)

SB217 Relating to Limitation of Actions (Statute of limitations, sexual offenses against minors)

HB545 Relating to Voter Registration (Online Voter Registration)

HB1405 Relating to Planning (Greenways and trails)

HB667 Relating to Food Safety (Food safety and security program within DOA)

SB1511 Relating to Aquaculture (Increases maximum lease terms)

SB1559 Relating to Important Agricultural Lands (Establishes incentives)

HB680 Relating to Kakaako (Kakaako Makai Community Planning Advisory Council, Repeal)

HB1520 Relating to Renewable Energy (PUC, On-bill financing)

HB1134 Relating to Prepaid Health Care Repeals Part V of Hawaii Prepaid Health Care Act and Act 99 SLH 1994)

HB1155 Relating to Repeat Offenders

HB1164 Relating to Public Lands (Allows sale of Sand Island parcels to leaseholders)

HB1230 Relating to Building Permits (Exempts construction for certain non-residential structures)

HB1505 Relating to State Facilities (State renovation public-private partnership)

HB1654 Relating to Group Living Facilities

SB49 Relating to Correctional Facilities (Deaths, reporting requirements)

2010 Vetoes and Overrides

For a list of all 2010 vetoes by the governor, click here.

For a list of all 2010 veto overrides by the legislature, click here.

The math: 47 vetoes and 11 overrides.

House Not Calling for Special Session to Override Vetoes

Speaker Calvin Say today announced that he would not call the House of Representatives into special session on July 6, 2010 to override Governor Linda Lingle's vetoes. The state constitution authorizes the Legislature to convene a special session by noon 45 days following the end of regular session – the final day that the Governor has to veto any previously passed bills.
Speaker Say, in concurrence with members of House Leadership, cited four considerations for deciding why the bills on the governor’s veto list did not warrant an override, including:

• 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.

39 Bills on the Potential Veto List

Governor Lingle today announced a potential veto list of 39 bills from the 2010 legislative session. As the Governor explained, the list is exhaustive rather than narrow. It gives her the option to veto the bill by Tuesday, July 6th. The House Majority will caucus tomorrow to discuss the measures.

The Governor used four critieria to place a bill on the list. They are:

1. Poor public policy
2. Unconstitutional
3. Harms the state's economic recovery
4. More time needed for consideration


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.

Legislature Overrides 34 of Governor’s Vetoes

The Hawaii House of Representatives today joined with the State Senate in overriding 34 of Governor Lingle’s 53 vetoes. On June 30th, the Governor announced a list of 65 potential vetoes, one-fourth of the 250 bills passed in the 2009 legislative session.

“We weighed each veto carefully, taking into consideration the Governor’s objections,” said Speaker of the House Calvin Say. “These measures did go through the legislative process with significant public input. The overrides that we supported today are for bills that we and the public have debated and worked hard on. The majority of members, with their vote, believe they should go forward.”

The total number of bills passed this year was lower than in previous years due to the state’s severe budget shortfall. In 2008, the legislature passed 294 bills. In 2007, the legislature passed 394 bills. Of note, there were only three bills outside of the state budget bill that contained an appropriation of general funds. These bills are of critical statewide importance, related to healthcare, and considered high priority for Hawaii’s most vulnerable population.

“The state of the economy and the on-going budget crisis were top of mind as we approached the override session,” said Majority Leader Blake Oshiro. “This year, knowing that people are losing their jobs and businesses are closing, our first concern in considering overrides is how the public will be impacted, now and for the long-term. Critical needs like healthcare for children and the poor, food and energy security – these will end up costing all of us much more down the road if we abandon these efforts now.”

The following measures vetoed by the Governor were overridden by the Legislature and are now law:

House Bills

HB31 SD1 CD1 - RELATING TO EMPLOYMENT PRACTICES. Employers prohibited from using individual’s credit history in hiring and firing decisions, with exemptions.

HB183 HD1 SD2 CD1 – RELATING TO EDUCATION. Addresses various organizational issues for and activities of the Hawaii Teacher Standards Board.
HB343 HD1 SD2 CD1 – RELATING TO RURAL PRIMARY HEALTH CARE TRAINING. Appropriates funds to develop a statewide rural primary health care training program and support for the family medicine residency program of the UH John A. Burns School of Medicine.

HB358 HD1 SD1 CD1 – RELATING TO DRUG TREATMENT. Authorizes placement of certain offenders in secure drug treatment facilities.

HB754 HD1 SD1 CD2 – RELATING TO THE HAWAII TOURISM AUTHORITY. Transfers tourism research and statistics from DBEDT to HTA. Places ex-officio members from the HTA board to an advisory group. Expands the scope of tourism emergency. Provides additional funds to the tourism special fund for one fiscal year.

HB952 HD1 SD2 CD1 – RELATING TO LABOR. Certifies entities as exclusive representatives without an election where no other representatives are certified as the exclusive bargaining representatives for employers with an annual gross revenue of $5 million or more.

HB982 HD3 SD1 CD1 – RELATING TO FAMILY LEAVE. Establishes a new data collection system for family leave. Appropriates $10,000 from the disability benefits special fund.

HB989 HD1 SD2 CD1 – RELATING TO CHILDREN’S HEALTH CARE. Amends Act 236, SLH2007, which established the Hawaii Children’s Health Care program (Keiki Care) to extend the program to June 30, 2012. Appropriates $200,000 for each year of the biennium.

HB1471 HD2 SD1 CD1 – RELATING TO FARMS. Establishes a pilot program within the Department of Agriculture to implement a safe food certification for products, coordinate purchasing agreements between agricultural cooperatives and hotels/restaurants.

HB1479 HD2 SD1 CD1 – RELATING TO LABOR. Requires the department of labor and industrial relations to include in certified payroll records a fringe benefit reporting form, on which contractors and subcontractors itemize the cost of fringe benefits paid to both union and non-union laborers who perform work for the construction, alteration, or repair of public buildings and public works. Allows for any certified form containing fringe benefit reporting requirements to be submitted in lieu of a form supplied by the department of labor and industrial relations. Effective 10/1/2009.

HB1504 HD1 SD2 CD1 – RELATING TO HEALTH. Creates the Hawaii Health Authority to develop a comprehensive plan to provide universal health care in Hawaii.

HB1525 HD1 SD2 CD1 – RELATING TO MEDICAID. Requires the department of human services to include specified reporting requirements in all medicaid healthcare insurance plan contracts.

HB1538 HD1 SD1 – RELATING TO ENVIRONMENTALLY-SENSITIVE PRODUCTS. Requires the department of education to give first preference to Green Seal approved environmentally sensitive cleaning and maintenance products for use in public schools; requires the department of health to maintain a list of Green Seal program approved products.

HB1544 HD1 SD1 CD1 – RELATING TO TAX EXEMPTIONS. Conforms state tax exemptions to federal phaseout provisions under section 151(d)(3) of the IRC. Ties threshold to amounts in place in 2008.

HB1552 HD2 SD2 CD1 – RELATING TO PUBLIC LANDS. Authorizes DLNR to issue long-term residential leases to qualified persons in state living parks. Establishes living park planning councils to develop state living park master plans to ensure the living park achieves its purpose and goals; establishes 2-year moratorium on evictions of residents of Kahana valley state park.

HB1676 HD1 SD2 CD1 – RELATING TO PUBLIC WORKS. Requires that the collective bargaining agreement be submitted to the director of labor and industrial relations in order for the terms in the agreement to dictate the prevailing wages with regard to a project financed through the issuance of a special purpose revenue bond. Effective 07/01/2009.


Senate Bills


SB19 SD1 HD2 CD1 – RELATING TO PROCUREMENT. Requires a procurement preference to a bidder in a public works construction contract of not less than $250,000 if the bidder is a party to an apprenticeship agreement registered with the department of labor and industrial relations for each apprenticeable trade the bidder will employ to construct the public works.

SB43 – RELATING TO PHYSICIAN WORKFORCE ASSESSMENT. Creates the John A. Burns school of medicine special fund and establishes an expenditure ceiling therefor; assesses a $60 fee upon renewal of physician and osteopathic physician licenses, with proceeds to be deposited to the special fund; requires recurring reports; appropriates $5,000 from the compliance resolution fund to the John A. Burns school of medicine special fund; requires reimbursement by June 30, 2010.

SB50 SD1 HD2 CD1 – RELATING TO RENEWABLE ENERGY PRODUCERS. Sets terms and conditions for leases of public lands to renewable energy producers, including requiring a public hearing, project completion, design, and financing documentation, and limitations on terminating or altering existing leases of public lands affected.

SB266 SD2 HD2 CD1 – RELATING TO GLOBAL WARMING. Establishes the climate change task force to assess the impacts of global warming and climate change trends in the State.
SB415 SD2 HD1 CD1 – RELATING TO HOME CARE AGENCIES. Requires the department of health to license home care agencies. Sunsets 6/30/2014.

SB420 SD2 HD2 – RELATING TO NATUROPATHIC MEDICINE. Amends the title of chapter 455 to "naturopathic medicine" and amends references therein; defines "naturopathic medicine"; changes the name of the board of examiners in naturopathy to the board of naturopathic medicine and authorizes the board to make rules; authorizes temporary license to licensed out-of-state naturopathic physicians in a declared public health emergency.

SB423 SD1 HD2 CD1 – RELATING TO HEALTH. Appropriates money to match federal funds for medicaid disproportionate share hospital allowance.

SB539 SD1 HD1 CD1 – RELATION TO CORRECTIONS. Renames the intake service center division of DPS to the reentry intake service centers and directs the reentry intake service centers to work closely and collaborate with the furlough programs in each county, the Hawaii paroling authority, and the correction program services division to ensure that the reentry needs of inmates are being met. Establishes an oversight committee and reentry commission.

SB605 SD1 HD3 CD1 – RELATING TO NOISE. Requires the department of health to add the dBC decibel weighting system to the current dBA decibel weighting system for purposes of community noise control. Sets permissible maximum sound levels for nighttime in any urban land use district and grants the DOH and the county liquor commission the authority to enforce these limits. Directs the county liquor commission, with assistance from DOH and DLIR, to develop recommendations for a permanent maximum sound level, in decibels.

SB695 SD1 HD1 CD1 – RELATING TO WORKERS’ COMPENSATION. Requires the employer to continue medical services to an injured employee despite disputes over whether treatment should be continued, until the director of labor and industrial relations decides whether treatment should be continued. Effective July 1, 2009.

SB777 SD1 HD1 – RELATING TO COMPREHENSIVE SEXUALITY HEALTH EDUCATION. Requires any recipient of state funding specifically for sexuality health education programs to provide comprehensive medically accurate sexuality education.

SB1005 SD2 HD2 CD1 – RELATING TO PUBLICITY RIGHTS. Establishes property rights in the commercial use of a person's name, voice, signature, or likeness.

SB1058 SD2 HD2 CD1 – RELATING TO CONTROLLED SUBSTANCES. Establishes a task force to examine issues relating to medical cannabis patients and current medical cannabis laws. Establishes a task force to examine the effects of salvia divinorum.

SB1183 SD2 HD2 CD1 – RELATING TO DISCRIMINATORY PRACTICES. Requires the Hawaii civil rights commission to define in administrative rules certain definitions for purposes of discriminatory employment practices.
SB1206 SD1 HD2 CD1 – RELATING TO COUNTIES. Specifies that, subject to the approval of a county governing body, or in a county with a population of at least 500,000 people that has a county charter provision authorizing a county board to issue revenue bonds in its own name, then the county board may exercise all powers vested in the county with respect to an undertaking or loan program under the board's jurisdiction. Effective 07/01/09.

SB1218 SD2 HD2 CD1 – RELATING TO MORTGAGE LOAN ORIGINATORS. Allows the commissioner of financial institutions to regulate, license, examine, and enforce laws regulating mortgage loan originators. Exempts mortgage loan originators from chapter 454, HRS, relating to mortgage brokers and solicitors.

SB1224 SD1 HD2 CD1 – RELATING TO AIRPORT CONCESSIONS. Allows for certain adjustments and modifications to airport concession leases. Effective 07/01/09.

SB1665 SD2 HD1 CD1 – RELATING TO HIGHER EDUCATION. Enhances the workforce development capacity of Hawaii's community colleges by establishing a skilled worker and business development center to provide workforce training to meet the rapidly evolving needs of both employers and employees. Appropriates Reed Act funds.

Notice of Intent to Veto

Here's a list of the Governor's potential vetoes, with links to the bills and bill history.

OVERRIDE

Speaker Calvin Say, Rep. Marcus Oshiro, Sen. Donna Mercado Kim and Sen. President Colleen Hanabusa at news conference on veto overrides.

Here are some facts on the bills that the legislature overrode on the last day of session:

HB 895 –Tax increase on tobacco products other than cigarettes:

*Expected to generate $3.2 million through FY10.
*Helps to deter people from using tobacco products (including smokeless tobacco, snuff, cigars, little cigars, and pipe tobacco) and raises much need revenue for our state.
*Taxing tobacco products other than cigarettes addresses the growing use of smokeless tobacco by Hawaii's youth.


HB 1741 – Conveyance tax increase:

* Raises conveyance tax for sales over $2 million and second or investment house purchases.
*Expected to generate $8 million through FY10 from conveyance tax increase on only the highest priced real estate.
*Breakdown per amount of real estate transaction:
o Between $2 million and $4 million, you will pay 20 cents more per $100 of value – at $2 million you will pay $4,000 more (1 fifth of 1% more)
o Between $4 million and $6 million, you will pay 40 cents more per $100 of value – at $4 million you will pay $16,000 more (2 fifths of 1% more)
o Between $6 million and $10 million, you will pay 60 cents more per $100 of value – at $6 million you will pay $36,000 more (3 fifths of 1% more)
o Greater than $10 million, you will pay 70 cents more per $100 of value – at $10 million you will pay $70,000 more (7 tenths of 1% more)
*Expected to generate $6 million through FY10 from redistribution of funds going to Rental House Trust Fund and the Natural Areas Trust Fund.

HB 1747 – Income tax increase:

*Expected to generate $48.3 million from an income tax increase on the highest 2% of earners in Hawaii.
*There will be no tax change for:
o Individuals with taxable income less than $150,000
o Head of households with taxable income less than $225,000
o Joint filers with taxable income less than $300,000
o No impact upon MOST tax Payers; only about 3 out of 100 tax payers.
*Based on Hawaii's 2006 income tax data:
o Total of 471,792 tax filers in 2006
o 11,472 tax filers earned more than $200,000
o Only 2.4% of resident tax filers earned more than $200,000 in 2006
*Less known about this bill – it will increase all standard deductions and the personal exemption by 10% in 2011:
o This will save lower income taxpayers about $11.0 million per year
o We would like to have provided this fiscal relief to the lower income tax filers earlier, but nothing prevents us from accelerating these provisions if things get better next year.
*This bill will generate about $48 million from the highest income taxpayers in the state.

SB 1111 – Transient Accommodations Tax (TAT) increase:

*This bill increases the transient accommodations tax by 1 percentage point (from 7.25 to 8.25%) beginning on July 1, 2009 and another percentage point (to 9.25%) beginning on July 1, 2010 and requires the additional revenues to be deposited into the general fund.
* We expect to generate about $28 million next year and $60 million in 2010 for the general fund.
*1% point increase on a $200/night room for five nights equals $10 - People will not be deterred from vacationing in Hawaii by a $10 increase.
*The increases in this bill are set to sunset in 2015.
*The TAT was also raised in 1987, 1994, and 1999.

Veto override debate ménage à trois

On Friday, the Star Bulletin printed an opinion piece that criticized the Legislature's reasoning behind overriding 13 of the Governor's veto, asserting that the move was more about power than the public good. On Saturday, Ian Lind questioned in a blog post whether the writer of the editorial read any of the bills in their entirety, and also mentioned several bills he deemed quite pressing and important to the public. Then, today, the Star Bulletin printed a letter to the editor from Rep. Kirk Caldwell, who was quoted in the editorial as saying the overrides were limited to "pressing needs". Caldwell notes that many constituents would disagree with the editorials suggestion that the bills overridden by the Legislature were not pressing issues.

Here is a brief synopsis of a few of their arguments (just in case you don't feel like browsing through the three links).

State regulation of interisland air carriers

SB : Why would the Legislature override a veto of a bill to re-regulate interisland air carrier when state regulation of airlines is prohibited by federal law?

IL: The bill contains a key proviso - which the SB fails to mention - limiting the law to take effect once federal legislation permits implementation.

"What the bill accomplishes is to provide a regulatory structure that can be used to show the state's intent while lobbying Congress for the power to take control of our vital interisland transportation system…the S-B editorial made it sound like legislators were just unaware of the limits of state authority," wrote Lind.

Operation of the University of Hawaii

SB: Differences in opinion on how UH should be operated prompted lawmakers to override two bills, however urgency played no role in the decision.

IL: Requiring the UH Board of Regents to make public administrative salaries and expenditures is already mandated by the Sunshine Law, which the the Board refuses to provide promptly.

Permanent absentee voting

SB: The new law could botch the legitimacy of voting in Hawaii. It will be difficult to verify in all cases if the person registered to vote is actually submitting the absentee ballot. In situations where an individual relocates or dies, ballots could be used by others.

Caldwell: Providing residents with access to voting booths is important, especially to the elderly who support making absentee voting easier.

Veto Overrides

The House voted to override 13 bills and 1 line item veto. The final list should essentially be the House list as the Senate overrode many more bills, including these 14 items. They are:

HB2250 RELATING TO TRANSPORTATION. The Hawaii inter-island airline regulations bill. Establishes a statutory scheme for the regulation of Hawaii inter-island air carriers; provided that federal legislation is enacted to permit implementation.

HB2761 RELATING TO CHILDREN'S HEALTH. Post partum and interception care. Requires the Department of Human services to apply to the federal Centers for Medicare and Medicaid Services to extend post-partum and interconception care from eight weeks to at least six months for women who participate in the Hawaii QUEST program.

HB2843 RELATING TO INVASIVE SPECIES. Expands the items subject to the inspection, quarantine, and eradication service fee (inspection fee) to include any freight brought into the State. Requires the inspection fee to be assessed based on net weight of imported freight. Designates the person paying the freight charges to a transportation company as the party responsible for paying the fee. Clarifies that the transportation company is not liable for the fee in the event the party responsible for the fee fails to pay it.

SB156 RELATING TO VOTING. Absentee voting. Authorizes permanent absentee voting. Makes appropriation.

SB2262 RELATING TO HEALTH. VEBA Trusts. Extends the sunset date to July 1, 2010 for the voluntary employees' beneficiary association trust pilot program established pursuant to Act 245, Session Laws of Hawaii 2005, as amended. Requires the state auditor to conduct an analysis of the cost and financial impact of Act 245, Session Laws of Hawaii 2005, and to report to the legislature by December 6, 2010.

SB2263 RELATING TO THE UNIVERSITY OF HAWAII. Requires the University of Hawaii board of regents to publicly disclose in open meetings: (1) compensation offered to newly hired employees; (2) changes in compensation offered to existing employees for administrative positions in the UH system filled by excluded employees; and (3) all budgetary expenditures made by the board of regents.

SB2345 RELATING TO CHILDREN. Establishes guiding principles to be used by state agencies when dealing with children of incarcerated parents.

SB2542 RELATING TO PUBLIC HEALTH. Ensures continued community-based primary care for the uninsured, underinsured, or medicaid recipients by helping the community health center system to remain financially viable and stable in the face of the increasing needs of these populations.

SB2668 RELATING TO THE UNIVERSITY OF HAWAII. Requires at least twelve board of regents members to reside in the geographic areas that they represent. Requires the governor to notify the council of vacancies on the board of regents in a timely manner. Requires the Council to submit names of candidates for a seat on the board of regents within sixty days following a vacancy. Clarifies the requirement for the council's submission of names of board of regents candidates to the governor. Makes confidential all information required by the council regarding board of regents candidates.

SB2803 RELATING TO PERSONAL INFORMATION. Implements recommendations of the 12/2007 report of the Hawaii identity theft task force to protect the security of personal information collected and maintained by state and county government.

SB2840 RELATING TO SELF SUFFICIENCY. Requires the department of business, economic development, and tourism to establish and update biennially a self-sufficiency standard.

SB2843 RELATING TO ELECTRONIC DEVICE RECYCLING. Requires manufacturers of electronic devices to collect and recycle electronic devices. Establishes the electronic device recycling fund. Establishes a working group that includes TV manufacturers to develop a plan to recycle TVs.

SB2878 RELATING TO EARLY LEARNING. Establishes an early learning system in the state. Creates the Early Learning Council to develop and administer the early learning system, to be known as Keiki First Steps. Establishes the Keiki First Steps Grant Program. Statutorily establishes the Pre-Plus Program. Promotes the development of early learning facilities.

SB2830 LINE ITEM VETO OVERRIDE OF $500,000. Joint Legislative Committee on Family Caregiving; Appropriations

During the session, the Governor vetoed 12 bills (and one line-item veto) of which the Legislature overrode 4 bills. So, for 2008, the Legislature passed 294 bills, the Governor vetoed a total of 53 bills, and the Legislature overrode 17.

Lawmakers discuss possible overrides

Members of the House and Senate are currently meeting privately to discuss whether they will override any of the 41 bills vetoed by Gov. Linda Lingle on the last day before the bills would have become law without her signature.

The vetoes include measures related to workers' compensation, invasive species, permanent absentee voting and electronic device recycling.

For more information on Special Session 2008, visit the Hawaii State Legislature website.

You can also access a list of all vetoed bills and veto messages here.

Governor Must Implement the Law

By Rep. Kirk Caldwell - Majority Leader


Now that the override session is over, the legislative process is complete, and we call on the Governor to do what the executive branch is constitutionally mandated to do -- implement the law.

It is our opinion, as well as the opinion of our legal counsel, that the bills the Governor vetoed are not technically or fatally flawed. We did not approach the special session with the mindset that we would override for the sake of overriding to show political muscle. House leadership set specific criteria to determine whether a vetoed bill rose to the level of being overridden, and we discussed each bill thoroughly in our caucuses, as did the Senate. When the House and Senate came together, our two override lists were very similar even though we had discussed the overrides independently. Here are the criteria we used:

• The bill, on third or final reading in each house, should have been passed by at least a two-thirds vote.
• The bill, as much as possible, should not include a general fund appropriation.
• The bill promotes at least one of the following public purposes of major signficance: public safety, public health, and working class protection. Subsequently, in working with the Senate, we added environmental protection/planning and technology to this criteria.

While we probably would have had the votes to override most of the bills on the Governor's potential veto list, we do respect the power of the Governor to veto, and we are willing to work with the administration to resolve differences on certain bills. We will not, however, negotiate with the Governor through the media, as she tried to do at the last minute by claiming that we were uncooperative. That is not statesmanlike, nor does it result in good policy.

Of bills, vetoes and overrides

Today, the Governor vetoed 27 bills and the House and Senate came back into special session for one day to override 11 of those vetoes. For the votes, click on the bill number.

Bills that were vetoed and overridden:

HB30 - International trade agreements
HB310 - Broadband task force
HB 718 - Kewalo keiki fishing conservancy
HB1270 - 2050 Sustainability Plan
HB1503 - Dislocated workers
HB1605 - Maui traffic control center
HB1830 - Baby safe haven.
SB932 - Offender re-entry system
SB1066 - Marine containers fee for invasive species
SB1191 - Pedestrian safety
SB1922 - Creative media lease space at Hawaii public television
Related to the override session, Rep. Della Au Belatti has an opinion piece in today's Advertiser on her approach to and consideration of the veto overrides.

Cooperation or Photo Op?

Yesterday, Governor Lingle sent a letter to Senate President Hanabusa and Speaker Say requesting the Legislature to amend 4 bills so that she won't have to veto them. In this morning's editorial, The Advertiser calls upon the Legislature to cooperate. One has to question why the request came down so late when the administration has had 2 and 1/2 months to review and analyze these bills? Why wasn't the request made on or before June 25th when the potential veto list was announced, or, at the very least, a week out so that Hanabusa and Say could talk to their respective caucuses? After all, the entire Legislature worked on these bills for 4 months - members deserve that professional courtesy.

As Majority Leader, I learned of the request, not from the administration, but from the press. That is not the way to reach resolution on anything, let alone legislation on which we disagree. That said, if the Governor felt there was a way to avoid vetoes, I wish she would have approached us even before publishing the potential veto list so that we could have the time required to work on the bills together. For the sake of good legislation that benefits the public, we're all for a "meeting of the minds." Unfortunately, the letter that came down yesterday seemed more show than substance. Knowing that we would have no time to comply, it meant to make us look uncooperative. And, of course, it's always a bit suspicious when the administration calls the media to alert them to exactly when the letter will be delivered to Senator Hanabusa's office, just in case they want to get it on video.


Rep. Kirk Caldwell, Majority Leader

Cost of a special session

The House is poised to return for a special session to override most of the Governor's potential vetoes. (Citing lack of votes, it appears unlikely that the legislature will override HB91- Public Accountancy, SB1004 - Psychologists prescriptive authority, and SB1283 - UH Tobacco Settlement Fund, if vetoed. There may be more.) What is this going to cost taxpayers? Pat Mau-Shimizu, the House Chief Clerk, estimates that a one-day special session will cost approximately $5,000. This includes per diem and airfare for Neighbor Island representatives and senators who must travel to Honolulu. Constitutionally, the legislature must convene the session to override vetoes before noon on Tuesday, July 10th, but the Governor has until midnight to veto bills. Therefore, the legislature may convene, and if needed, go into recess, until the vetoes are delivered.

The Overriding Question

Should the legislature come back for an override session, and if so, which vetoes would you like to see overridden? Here is an easy way to link to the 33 bills on the governor's potential veto list:

1. HB30 - International trade agreements
2. HB91 - Public accountancy
3. HB310 - Broadband Task Force
4. HB436 - Chiropractic services covered under Medicaid and Quest
5. HB718 - Kewalo Keiki Fishing Conservancy
6. HB855 - Workers Comp medical treatment extension
7. HB1270 - 2050 Sustainability Plan
8. HB1503 - Public disclosure for bankruptcy and reorganization
9. HB1605 - Maui traffic control center
10. HB1659 - Procurement for state trade missions
11. HB1670 - Ingenuity charter
12. HB1746 - VEBA trust extension
13. HB1764 - Revenue bonds for HHSC
14. HB1818 - Filling vacant department head positions
15. HB1830 - Baby safe haven
16. SB46 - UH BOR to publicly disclose proposed compensation for admin positions
17. SB138 - Diamond Head State Monument admission fees
18. SB162 - Friends of Iolani Palance exemption
19. SB613 - Early Learning Educational Task Force
20. SB755 - County Ethics Commissions
21. SB810 - Waimano Ridge funding
22. SB837 - Agriculture land purchase in Ewa
23. SB870 - Bishop Museum online archaeological database
24. SB932 - Prison inmate re-entry program
25. SB946 - Reduce lifetime driver's license revocation for DUI
26. SB1004 - Psychologists prescriptive authority
27. SB1060 - Workers comp rule-making authority
28. SB1066 - Invasive species via marine shipments
29. SB1191 - Pedestrian safety funding
30. SB1283 - Tobacco settlement fund
31. SB1833 - Family leave
32. SB1922 - UH lease to Hawaii Public Television
33. SB1988 - Honey products labeling and advertising

V for Veto

The governor sends down her veto messages today, signaling the bills that she plans to veto. The question for the House and Senate is whether these bills warrant coming back for an override session, and whether there are enough votes to override the veto. The House Majority will caucus on Wednesday to discuss the issue, and House and Senate leadership must also meet, as both sides must agree to come back for the one-day session. In order to override a veto, a two-thirds majority is required. In the House, that means 34 votes of 51 members; and in the Senate, 17 votes of 25 members.

Governor may veto pedestrian safety bill.

Slow down! That's the message we're seeing in more and more neighborhoods as Hawaii residents continue to be hurt or killed in pedestrian accidents. SB1191 strengthens Hawaii's current crosswalk law, but we hear that the Governor intends to veto the bill because funding for the program would be taken out of the state's highway fund. The bill appropriates $1.5 million in 2007-2008, and $1.5 million in 2008-2009 to improve high risk crosswalks and roadways throughout the state, including the installation of more traffic countdown timers. The bill is particularly important to seniors who have difficulty crossing in the time allowed. Pedestrian safety is too critical an issue in our state to quibble over a funding source. The bill should be allowed to become law.