HB 640

HD1, SD2, CD1

MAKING AN APPROPRIATION FOR THE LOSS MITIGATION GRANT PROGRAM.

Appropriates $500,000 in FY03-04, and $500,000 in FY04-05, from the Hawaii hurricane relief fund to fund the loss mitigation grant established under this Act. Allows funds to be used for grants awarded retroactive to January 1, 2003.

Governor's objections:

HB 1652

SD1, CD1

MAKING AN APPROPRIATION TO THE MEDICAID PRESCRIPTION DRUG REBATE SPECIAL FUND.

Appropriates $500,000 in FY 2003-2004 to the Medicaid prescription drug rebate special fund.

Governor's objections:

"This bill is flawed because it does not provide for a way to actually use the funds once transferred to this fund."

SB 1661

SD2, HD1, CD1

RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

Requires the Housing and Community Development Corporation of Hawaii to complete construction of the Villages of Kapolei by June 30, 2011, and authorizes its coordination with the Department of Transportation or the City and County of Honolulu to implement recommendations of a private traffic study. Appropriates $900,000 from dwelling unit revolving fund for traffic improvements.

Governor's objections:

"This bill would require HCDCH to achieve completion by a specific date without consideration of factors beyond HCDCH's control that could make it impossible to comply with the law."

HB 1579

HD1, SD2, CD1

RELATING TO THE ECONOMIC DIVERSIFICATION AUTHORITY.

Requires the department of business, economic development, and tourism to develop and implement plans, programs, and initiatives to diversify the economy of the State.

Governor's objections:

"The bill attempts to micromanage DBEDT's operations."

HB 32

HD2, SD2, CD1

RELATING TO EDUCATION.

Authorizes schools to assess and collect annual fees for textbooks; requires schools to compile annual list of textbooks to be used during that school year and to be made available upon request of student, parent or guardian of student.

Governor's objections:

"Parents already pay for these essential items through payment of taxes."

HB 289

HD2, SD2, CD1

RELATING TO EDUCATION.

Establishes seven regional education agencies for the administration, organization, and delivery of educational and related school-based services at preschool, primary, and secondary school levels throughout the State of Hawaii.

Governor's objections:

"This bill would etch into stone the latest DOE reorganization and erode the reasonable degree of managerial freedom the Superintendent needs to do her job."

SB 58

SD1, HD2, CD2

RELATING TO SCHOOL REPAIR AND MAINTENANCE.

Establishes the Hawaii 3R's School Repair and Maintenance Fund. Appropriates funds for a grant to Hawaii 3R's for the school repair and maintenance fund. Appropriates funds for a position with the DAGS to coordinate the public and private efforts to repair and maintain public schools. Repeals the School Repair and Maintenance Fund upon the granting of nonprofit status for Hawaii 3R's.

Governor's objections:

"The Governor exercised line item veto authority by eliminating the $51,312 general fund appropriation to pay for a position in the DAGS to coordinate public and private efforts to repair and maintain public schools."

SB 576

HD2, CD1

RELATING TO THE UNIVERSITY OF HAWAII.

Allows University of Hawaii to use the tuition and fees special fund to promote alumni activities; subjects auditor to restrictions on disclosure of records; requires UH to submit a report to the legislature prior to the 2004 regular session regarding money expended or transferred from the special fund for the use of the UH Foundation.

Governor's objections:

"This bill would make it impossible for the UH Foundation to assure prospective donors that their privacy rights would be protected, and would thereby jeopardize the UH Foundation's ability to raise money for the university's needs."

SB 1237

SD1, HD2, CD1

RELATING TO EDUCATION.

Defines "teaching out-of-field" as teaching outside the authorized licensing field indicated on an individual's license and "out-of-field teacher" as an individual who is teaching outside the authorized licensing field indicated on the individual's license. Includes language to provide for the enforcement of the penalty for hiring unlicensed individuals or for posing as a licensed teacher.

Governor's objections:

"Teachers should not be forced to police their fellow teachers."

SB 209

SD3, HD1, CD1

RELATING TO PUBLIC EMPLOYMENT.

Appropriates $60,000 for the conversion of 10-month certificated positions to 12-month positions, as needed, for multi-track schools for fiscal year 2003-2004.

Governor's objections:

"While services are needed for multi-track schools, the DOE already has existing capacity within its budget to provide the additional services that are required by the four schools in question."

HB 1456

HD1, SD1, CD1

RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.

Makes clarifying amendments to the Deposit Beverage Container Program.

Governor's objections:

"The bill is objectionable because, at best, it fails to clarify existing confusion over the effective date for the payment of deposits. At worst, it establishes a retroactive effective date that would be unfair and burdensome."

SB 319

SD2, HD1

RELATING TO COUNTIES.

Establishes county requirements for collection and recycling of food waste by specified restaurants, food courts, hotels, markets, food manufacturers or processors, catering establishments, hospitals, schools, and businesses; authorizes a county to assess a surcharge; applies to counties of 500,000 or more. Includes a food waste recycling program component as part of the counties' integrated solid waste management plans. Sets forth what the counties' food recycling component shall consist of.

Governor's objections:

"The bill applies only to Honolulu County, and that county already has a recycling program that it prefers to this one."

HB 133

HD1, SD3, CD1

RELATING TO CHILD PROTECTION.

Provides immunity from prosecution for leaving an unharmed newborn at a hospital within 72 hours of birth. Provides immunity from liability for hospitals and their personnel for receiving a newborn.

Governor's objections:

"This bill could make it exceedingly difficult for the extended families, or the child's father, to assert their interests in caring for the child."

SB 1647

SD2, HD2, CD1

RELATING TO SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED.

Appropriates $43,000 from general funds for fiscal year 2003-2004 to continue telephonic reading system for the blind and visually impaired (Newsline service) for one year.

Governor's objections:

"Unfortunately, this bill is one of many meritorious and laudable proposals that the budget situation does not permit the State to fund. The cost of each such proposal may seem small, but the total cost for all such proposals would be large. It would not be fair to fund one such proposal without funding them all -- which the State cannot afford to do."

SB 658

SD1, HD3

RELATING TO EMERGENCY CONTRACEPTIVES FOR SEX ASSAULT SURVIVORS IN EMERGENCY ROOMS.

Authorizes hospitals to provide emergency contraception to sexual assault survivors.

Governor's objections:

"This bill requires hospitals that provide emergency room care to dispense emergency contraceptives even if such an act is in contravention of religious beliefs and hospital policy. As such, it would violate the constitutional right to freedom of religion."

SB 740

HD2, CD1

RELATING TO HEALTH.

Statutorily establishes the Public Health Nursing Services Program within the Department of Health.

Governor's objections:

"The broad mandatory language of this bill would subject the State to excessive financial liability and unnecessarily restrict the flexibility of the PHNS program to adapt to changing community needs."

SB 745

SD2, HD2, CD1

RELATING TO EMERGENCY MEDICAL SERVICES.

Requires the Department of Health to integrate emergency aeromedical services into statewide emergency medical services.

Governor's objections:

"This bill requires the State to include emergency aeromedical helicopter services statewide, but provides funding only for Maui. This would result in excessive financial liability for the State."

SB 748

SD2, HD2, CD1

RELATING TO NURSING EDUCATION.

Establishes a nursing loan program to provide loans to nursing candidates.

Governor's objections:

"It is questionable whether the partial and total waivers on the principal and interest of the student loans would actually alleviate the nursing shortage in Hawaii enough to justify the cost. In addition, the bill establishes a special fund without any appropriation."

SB 1088

SD2, HD2, CD1

RELATING TO LONG-TERM CARE.

Establishes a long-term care income tax to pay for long-term care benefits; establishes long-term care income tax credit for amounts paid for purchase of long-term care insurance; clarifies that long-term care taxes are not state funds; makes appropriations.

Governor's objections:

"This bill does not adequately address the needs for long-term care for the people of Hawaii, is fundamentally unfair and regressive, and imposes unreasonable financial and administrative burdens on the State and private employers."

HB 298

HD2, SD2, CD1

RELATING TO CORRECTIONAL FACILITIES.

Directs the executive branch to consider the undeveloped portion on the existing Halawa Correctional Facility as one of the possible sites for replacing the Oahu Community Correctional Center.

Governor's objections:

HB 1003

HD1, SD2, CD1

RELATING TO CRIME VICTIM COMPENSATION.

Allows funds from nonpayable restitution to be used for crime victim compensation rather than escheating to the State; allows commission to transfer compensation awards to minors under the Uniform Transfers to Minors Act; and gives commission authority to expand coverage for mental health services.

Governor's objections:

"This bill removes civil service protections from new staff with no justification. Further, the CVCC is responsible for locating and paying victims. Under this bill, if the CVCC does not locate the victim, the restitution funds would escheat, appearing to create a financial incentive for the CVCC when victims are not found."

SB 1135

SD1, HD1, CD1

RELATING TO COURT FEES.

Provides that certain district court fees for administrative costs are deposited into the judiciary computer system special fund; appropriates $3.5 million from the judiciary computer system special fund in FY 2003-2004 and 2004-2005 to implement JIMS.

Governor's objections:

"While this project may be worthwhile, diversion of funds from the general fund to this special fund would have a negative impact on the State's limited resources."

SB 474

SD2, HD1

RELATING TO THE AUDITOR.

Designates the auditor as authorized representative of the department of education and department of health for purposes of accessing student records.

Governor's objections:

"The disclosure of education records without prior parental notification or issuance of a subpoena would probably result in expensive lawsuits filed by parents challenging this bill as an invalid attempt to circumvent federal law."

HB 29

HD1, SD1, CD1

RELATING TO MEAL BREAKS.

Requires employers to provide employees with at least a 30-minute break for eight hours of work under the Hawaii Wage and Hour Law. Clarifies that the employer not be required to compensate the employee for the break. Excludes employers who are subject to a collective bargaining agreement that contains an express provision for employee meal breaks, a common carrier of passengers or a power generating utility, or the operator of a continuously operating facility regulated by an environmental permit. Prohibits an employer from preventing an employee for expressing breastmilk during any meal break provided by the employer on a voluntary basis.

Governor's objections:

"There is no demonstrated need for this bill. Also, the bill mandates only small businesses to provide meal breaks, because it amends HRS Chapter 387, the State’s wage and hour law, which, with few exceptions, does not cover Hawaii’s larger employers (who fall, instead, under federal law)."

HB 290

HD2, SD1, CD1

RELATING TO UNEMPLOYMENT.

Creates a program to provide additional unemployment insurance benefits provided that the federal Temporary Extended Unemployment Compensation program is not extended after August 1, 2003. Provides that additional state benefits will cease once the unemployment insurance fund reaches the threshold that would require DLIR to increase unemployment taxes. Conforms state statutory provisions to the federal Temporary Extended Unemployment Compensation Act of 2002. Allows UI fund to be used to pay for UI benefits as well as administrative costs.

Governor's objections:

"This bill is unnecessary. On May 28, 2003, President Bush signed federal legislation to extend the federal Temporary Extended Unemployment Compensation program until December 31, 2003. Since the federal benefits were extended, no individual can qualify for the additional state benefits under this bill."

HB 531

SD1, CD1

RELATING TO PUBLIC EMPLOYEES.

Requires the proposed adjustments to compensation and benefit packages for excluded civil service employees to be at least equivalent to the adjustments provided within the employer's jurisdiction.

Governor's objections:

"Linking the compensation and benefits packages for high-level excluded managerial employees to those obtained by the unions through negotiation creates a conflict of interest for excluded managers, reduces management's flexibility, and it is contrary to the underlying rationale for creating excluded employees that are not subject to collective bargaining."

HB 968

HD1, SD1, CD1

RELATING TO UNEMPLOYMENT BENEFITS.

Encourages eligible claimants of unemployment insurance to seek gainful employment by permitting claimants to receive their weekly benefit amount without regard to earnings received from employment.

Governor's objections:

"This bill could have the unintended result of deterring claimants from accepting full-time employment. Also, the bill would cost approximately $800,000 more per month, which could have an adverse impact on the cost of doing business in Hawaii."

HB 1013

HD3, SD2

RELATING TO EXAMINATIONS FOR THE DETERMINATION OF PERMANENT IMPAIRMENT.

Requires mutually agreed on physicians to determine permanent impairment when employers request an examination, or if no agreement, by a physician appointed by the DLIR.

Governor's objections:

"This bill could result in employees having to pay for an examination by a physician that they had no voice in selecting. It would tend to make the system more adversarial and lengthy, and increase workers' compensation costs for employers, including the State."

SB 768

SD1, HD2, CD1

RELATING TO COLLECTIVE BARGAINING.

Reinstates binding arbitration for bargaining units (2), (3), (4), (6), (8), and (13).

Governor's objections:

"Not having the safety net of binding arbitration forces both sides to seriously negotiate in good faith, and forces them to be accountable for positions taken, and for end results."

HB 993

SD1, CD1

RELATING TO RECONSTRUCTED VEHICLES.

Specifies that effective July 1, 2004, the reconstructed vehicles law also applies to counties with a population of under 500,000 unless the county has adopted and enforces county ordinances regulating the inspection and certification of reconstructed vehicles.

Governor's objections:

"Counties should be able to choose whether to regulate reconstructed vehicles, and if they do, have the ability to structure the regulation to meet their own particular needs. The Mayors of all four counties requested that the Governor veto this bill."

HB 285

HD1, SD2

RELATING TO ADMINISTRATIVE PROCEDURE.

Requires that every administrative rule conforms to its related statute; provides for the automatic repeal of administrative rules effective 180 days after the repeal of the related statute or ordinance; expands scope of the small business regulatory review board's annual evaluation report.

Governor's objections:

"There already is a law with a process to eliminate outdated rules. Automatic repeal, as mandated by this bill, could result in the repeal of rules that were implemented under more than one statute. The scope of the Small Business Regulatory Review Board's annual evaluation report can be expanded administratively."

HB 1230

HD1, SD2, CD1

RELATING TO TRANSPORTATION.

Appropriates funds from the airport special fund and the harbor special fund to institute security measures throughout the airport and harbor systems through the end of fiscal year 2002-2003. Appropriates funds for capital improvement projects for the department of transportation for fiscal year 2003-2004. Establishes passenger facility charge revenue fund and exempts it from the requirements of reimbursement for central service expenses and the works of art special fund.

Governor's objections:

"The Governor exercised line item veto authority because the appropriations out of the highway and harbor bond funds for various capital improvement projects, contained in sections 5 through 10, are already contained in the general appropriations bill (House Bill No. 200)."

SB 44

SD2, HD2, CD2

(CCR89)

RELATING TO TRANSPORTATION.

Provides further economic relief for airport concessionaires.

Governor's objections:

"This bill is fiscally irresponsible and philosophically objectionable for a number of reasons."

SB 317

SD2, HD1, CD1

MAKING AN APPROPRIATION FOR THE FIFTIETH ANNIVERSARY COMMEMORATION OF THE KOREAN WAR COMMISSION.

Appropriates funds for the 50th Anniversary Commemoration of the Korean War Commission.

Governor's objections:

"The State is facing a $230 million deficit. $90,000 has already been appropriated for this worthy cause. The State must now exercise fiscal discipline to begin putting its fiscal house back in order."

SB 464

SD2, HD2, CD1

RELATING TO IMPLEMENTATION OF A FIXED RAIL TRANSIT SYSTEM.

Requires DOT, in conjunction with both the Oahu Metropolitan Planning Organization and the City and County of Honolulu, to develop an action plan for implementation of a fixed rail transit system or monorail on Oahu.

Governor's objections:

"The Governor created a task force that includes representatives of the Legislature, the Honolulu City Council, the Mayor, OMPO, the Federal Highway Administration, the Federal Transit Administration, and both state and city transportation departments to study all possible transportation options that could help alleviate the traffic congestion problem on Oahu. This task force is taking a broad view of the transportation options available, and is looking at a variety of alternatives, including but not limited to rail transit."

SB 1460

SD1, HD2, CD1

RELATING TO CONTRACTS ENTERED INTO BY THE HAWAII TOURISM AUTHORITY.

Establishes provisions required in certain contracts entered into by the Hawaii Tourism Authority (HTA); requires HTA to include in its annual report details regarding contracts using public funds; establishes that intellectual property arising out of HTA's works for hire contracts shall become the property of the State.

Governor's objections:

"This bill mandates, in minute detail, what provisions must be included in a contract. Such legislative micromanagement of an executive function is inappropriate, especially where there has been no evidence of need."

SB 1462

HD2, CD2

RELATING TO THE HAWAII TOURISM AUTHORITY.

Requires the HTA to establish a Hawaii tourism registry of groups of state residents traveling out-of-state to market and promote Hawaii; modifies compensation package of executive director; allows HTA to appoint a sports coordinator; requires HTA to deposit moneys in the convention center enterprise special fund into interest-bearing accounts in Hawaii depositories; requires deposit in the tourism special fund al interest and revenues from any project or project agreement of the HTA; requires HTA to engage a certified public accountant to perform an annual financial audit of HTA; appropriates $8 million for the HTA to respond to unstable market conditions resulting from world conflicts, terrorist attacks, and the outbreak of SARS out of the tourism special fund.

Governor's objections:

"This bill would remove controls that ensure the proper expenditure and protection of HTA funds, which are public funds. HTA would have to hire its own staff to ensure fiscal accountability, which would be duplicative and wasteful. Streamlining the contracting process and expediting payment to vendors, is being done administratively. Other provisions of this bill, such as the establishment of a tourism registry, the appointment of a sports coordinator, and the performing of an annual financial audit, also are being done administratively."

SB 38

HD2, CD1

RELATING TO THE HAWAII TOURISM AUTHORITY.

Authorizes the Hawaii Tourism Authority to employ or retain attorneys independent of the Attorney General to provide legal services for the Authority.

Governor's objections:

"The AG is capable of providing the services needed by the HTA either through regular or special Deputy Attorneys General."

HB 1400

HD1, SD2, CD2

RELATING TO HOTEL CONSTRUCTION AND REMODELING TAX CREDIT.

Extends the hotel construction and remodeling tax credit for three years at eight percent of the construction or renovation costs; and for four years at four percent; and repeals the tax credit in its entirety as of July 1, 2010.

Governor's objections:

"This bill would have greatly expanded the types of costs eligible for the credit. Importantly, the bill does not provide an overall cap on the amount of the credit claimed, and places too great a burden on general fund revenues."

SB 41

HD1, CD1

RELATING TO PUBLIC CONTRACTS.

Requires public disclosure of contracts and subcontracts entered into by Hawaii Tourism Authority in accordance with chapter 92F.

Governor's objections:

"By providing that a contractor or subcontractor may determine whether information is proprietary, and thus confidential, this bill would likely reduce – not increase – the public’s ability to review contracts, subcontracts, and other related records."

SB 255

SD2, HD1, CD1

RELATING TO AGRICULTURE.

Prevents private restrictions that are not for protecting environmental and cultural resources from being placed on agricultural lands.

Governor's objections:

"The goal of this bill is worthy, but, as written, it is too far-reaching and would have unintended adverse consequences."

HB 293

HD1, SD2, CD1

RELATING TO THE FARMERS' MARKET.

Appropriates $7,000 for an economic feasibility study relating to the establishment of a world-class farmers' market.

Governor's objections:

"The State is facing a $230 million deficit. Fiscal discipline is needed to begin to put the State's financial house back in order."

HB 426

HD1, SD2, CD1

RELATING TO PUBLIC LANDS.

Directs the department of land and natural resources to issue new leases to existing lessees for specific parcels on Kauai.

Governor's objections:

"The State's policy is to award leases through public auction, providing a fair opportunity for the public to bid on the lease and for the State to obtain the best revenue it can. The Board of Land and Natural Resources has already taken action to approve the cancellation and re-auction of the Kauai Beachfront leases. There is also concern that this bill may be unconstitutional."

HB 1613

HD2, SD1, CD1

RELATING TO NORTH KOHALA.

Preserves a cluster of historical sites in North Kohala on the island of Hawaii by requiring the department of land and natural resources to renew its efforts to acquire by exchange the land adjacent to the Kohala historical sites state monument. Allows the Mo'okini Luakini Corporation to protect and care for the Mo'okini Heiau.

Governor's objections:

SB 540

SD1, HD2, CD1

MAKING AN APPROPRIATION FOR AGRICULTURAL RESEARCH AND DEVELOPMENT.

Appropriates funds for a grant in aid to the Hawaii Farm Bureau Federation for agricultural research and market development; appropriates funds for certain pineapple research projects.

Governor's objections:

"Due to fiscal constraints, the State cannot fund these worthy research programs."

SB 534

SD2, HD1, CD1

RELATING TO AGRICULTURE.

Appropriates funds to the College of Tropical Agriculture and Human Resources at the University of Hawaii at Manoa for research and development of high-value food, plant, and fiber products.

Governor's objections:

"Due to fiscal constraints, the State cannot fund this worthy research program."

HB 282

HD2, SD1, CD1

RELATING TO THE AUDITOR.

Establishes the audit revolving fund. Requires that when the costs of financial audits conducted by or contracted for by the Auditor are reimbursable by moneys appropriated to or generated by any department, office, or agency of the State or its political subdivisions, these cost reimbursements shall be transmitted to the Auditor for deposit in the audit revolving fund.

Governor's objections:

"Allowing the Legislative Auditor to decide unilaterally when to conduct or contract for financial audits of executive branch agencies, and then to claim reimbursement for the cost of all such audits, invites duplication and waste of limited resources for the many departments that must budget for and schedule their own audits."

SB 1305

SD1, HD1, CD1

RELATING TO STATE FUNDS.

Appropriates funds from the emergency and budget reserve fund for various health and human services programs, including grants, for FY 2003-2004 only.

Governor's objections:

"The Governor exercised line item veto authority since many of the programs funded by this bill are inappropriate for funding from the rainy day fund, as they are continuing programs that would be more appropriately funded, if at all, by the general fund, or are new or expanded programs, or are not essential to public safety, health, welfare or education. Although the State is facing an unexpected reduction in revenues, there should be only sparing and judicious use of the rainy day fund."

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Senator Brian T. Taniguchi