HONOLULU – After reviewing more than 340 measures, Governor Neil Abercrombie today notified the State Legislature of his intent to veto 19 of those bills. While he has provided this notice of intent as required by the Hawai’i State Constitution, the measures are still under consideration.
“It is clear that the 2012 Legislative Session was productive and filled with meaningful legislation,” stated Governor Abercrombie. “Some of these measures, however, may be difficult to implement as they are currently written, and there are other measures that must be given further consideration.”
The following measures are on notice of “intent to veto.”
House Bill 46 prohibits smoking in and around housing projects under the jurisdiction of the Hawai’i Public Housing Authority (HPHA), with an exception for designated smoking areas; and allows for eviction upon a third violation of the smoking prohibition. This bill would be difficult to implement because of the effective date and inflexible distance limitations. HPHA currently has plans to gradually institute a smoking ban in public housing project.
House Bill 246 appropriates funds to the Department of the Prosecuting Attorney of the City and County of Honolulu. Recently signed Justice Reinvestment Initiative measures provide for statewide appropriations and resources for the Prosecuting Attorney.
House Bill 280 removes the requirement that all Hawai’i-grown green coffee beans shall be inspected and certified by the Department of Agriculture. The implications of this measure are problematic. Further discussion is needed to ensure that the Hawai’i brand will not be undermined.
House Bill 283 would appropriate $196,000 from the agricultural loan revolving fund to a program to control and eradicate the coffee berry borer. Rather than use funds meant to help farmers who have trouble obtaining financing, the Department of Agriculture plans to use $200,000 of barrel tax funds in its commitment to eradicate the coffee berry borer and in order to meet the intent of this bill.
House Bill 1617 authorizes the Board of Land and Natural Resources to extend commercial, hotel, resort and industrial leases for up to another 55 years when the lessee makes qualifying substantial improvements to the leased land. This would enable lessees to have exclusive control of a public property for up to 120 years. The impact of this needs to be closely examined and weighed against putting the public land out to bid to give others an opportunity to lease the land.
House Bill 1671 amends the procurement process by imposing time limits on rendering administrative and judicial review decisions, limiting protests to those that are a minimum percentage of the contract value, and requires posting of a protest bond. Time and resource considerations make this measure extremely difficult to implement. Moreover, there is another measure passed this session making procurement reform.
House Bill 1879 extends an exemption for pest control operators’ activities from notification and marking requirements of the One Call Center Program for another three years. The Public Utilities Commission is moving to expeditiously finish its risk level analysis for pest control operators and a three-year exemption will obviate any finding of the Commission.
House Bill 1984 requires that all letterheads, documents, symbols and emblems of the State and other political subdivisions include accurate and appropriate Hawaiian names and language. This bill has unintended consequences and is not implementable by the deadline as other statutory changes are necessary. While the aspiration is laudable, an earnest effort is necessary to identify how best to make this transition.
House Bill 2275 establishes a hospital sustainability fee and the hospital sustainability program special fund to receive moneys from the hospital sustainability fee. There are concerns about the effect and equitableness of this measure.
House Bill 2436 establishes the chief information officer or that officer’s designee as the chair of the Information Privacy and Security Council. This measure is duplicative of Act 71.
Senate Bill 2158 requires law enforcement agencies to accept cash bail, certified copies of pre-filed bail bonds, and original bail bonds when the court is closed, including nights, weekends and holidays. Practical realities render this bill impossible to implement as it is presently drafted.
Senate Bill 2214 allows an arbitration panel, rather than the State Legislature, to have the final decision on contributions to the Hawai’i employer-union health benefits trust fund by the State and counties for a health benefits plan and group life insurance benefits for active public employees. As different arbitration panels produce their findings for different bargaining units, the distribution of EUTF ratios may be unequal, which has serious consequences for financial planning and implementation. Moreover, the State is committed to dealing with its unfunded liabilities.
Senate Bill 2341 authorizes, within an agricultural district, agricultural tourism activities, including overnight accommodations of 21 days or less. This bill would allow vacation rentals on agricultural land without sufficient definition of what constitutes minimal agricultural activity required for true agricultural tourism.
Senate Bill 2424 adds various requirements for the registration and regulation of professional employer organizations (PEOs) and authorizes penalties for noncompliance. This bill is overly broad and will impose restrictions too difficult for all PEOs to comply with. In addition, the measure does not address licensing procedures.
Senate Bill 2536 establishes a temporary clean and sober home and halfway house task force that shall, among other things, establish a pilot clean and sober home and halfway house. There is a title problem with this bill which may violate the Hawai’i Constitution. This bill also requires the task force to establish clean and sober living facilities, which task forces do not have the ability to do. The intent of this measure can be accomplished through our Justice Reinvestment Initiative. Moreover, the Department of Health has the ability to establish a task force.
Senate Bill 2640 allows counties to permit the use of an otherwise authorized individual wastewater treatment system, except cesspools in a special management area, under certain circumstances. This measure presents public health concerns and does not move toward resolution of this issue.
Senate Bill 2742 amends the composition of the Hawai’i Community Development Authority (HCDA) board to include nine voting members for each established district. There are concerns about the restructuring of HCDA into three boards and the practical implications of such a division.
Senate Bill 2946 extends until June 30, 2016, the increase in the rental motor vehicle surcharge tax to $7.50 per day. This measure does not achieve its original intent and will end up having a cost for residents who rent cars.
Senate Bill 3017 clarifies that the daily $10 tax on transient accommodations furnished on a complimentary or gratuitous basis includes transient accommodations furnished as part of a travel package, but does not include transient accommodations furnished as part of a tourism industry promotional or marketing activity. This is duplicative of current practice in guidance issued by the Department of Taxation, TIR 2011-5. Also, enacting this bill may have adverse consequences to the other exemptions listed in the TIR (and not listed in the bill) if challenged in court.
To date, Governor Abercrombie has signed more than 150 measures into law. Governor Abercrombie continues to review legislative bills that he must either veto or sign into law by July 10, 2012, or allow them to become law without his signature.
“We will be reviewing the notification list over the next few days, says House Speaker Calvin Say. There is a majority caucus scheduled for Thursday to discuss the potential vetoes. We will have more information later in the week.”
WAILUKU, Maui, Hawai`i– Hurricane season brings a unique awareness to the Islands of Hawai`i. Dry brush and high winds are currently creating fire hazards aroundMauiCounty. Home fires, wild fires, flash floods, flu epidemics – disasters are unexpected and disrupt lives. Preparation for the unexpected helps people take a level of control over their own safety, reduces anxiety, and provides the possibility of resuming a normal life more quickly in the aftermath of disaster.
Community Emergency Response Team (CERT) training educates people about hazards that may impact their area and trains them in basic disaster response skills such as fire safety, light search and rescue, team organization and disaster medical operations. When disasters happen, CERT members give critical support to professional first responders by providing immediate assistance to victims at a disaster site.
CERT training is open to people of all abilities, ages 18 and up, no previous experience needed. Ages 14-17 may attend with a parent or legal guardian.
CERT Training is free toMauiresidents. A six-day, 30-hour program, consisting of classroom instruction and field exercises, CERT is sponsored by the Maui County Civil Defense Agency and taught by Maui Fire Department instructors.
The Upcountry classes are being held at the Jesus Is Alive Church in Pukalani at the following dates and times:
7/16 Monday 5:30 p.m.-9:30 p.m.
7/19 Thursday 5:30 p.m.-9:30 p.m.
7/21 Saturday 8:30 a.m.-3:30 p.m.
7/23 Monday 5:30 p.m.-9:30 p.m.
7/26 Thursday 5:30 p.m.-9:30 p.m.
7/28 Saturday 8:30 a.m.-3:30 p.m.
To register, please contact Charnan Carroll (Civil Defense Staff Specialist & CERT Program Manager) at 270-7285 or email firstname.lastname@example.org .
Maui Memorial Medical Center’s new radiology service contract with Dallas-based RadCare, which begins July 5, is being challenged by the current services provider, Maui Radiology Associates.
The Maui News reports a July 3 hearing is scheduled in Honolulu before the Office of Administrative Hearings in the state Department of Commerce and Consumer Affairs on Maui Radiology Associates’ challenge of the process by which RadCare, a division of EmCare of Dallas, was awarded the contract for Maui Memorial Medical Center. The newspaper reports Maui Radiology claims RadCare won’t be able to attract high-quality radiologists to work on Maui.
The Maui News reports a spokeswoman for RadCare says the company will be ready to take over at Maui Memorial with a full staff as of midnight July 4.
Lahaina, Maui – (June 25, 2012) – Lahaina downtown, has good news for the local economy to accent the premier retail, dining and entertainment destination. Fleetwood’s On Front St. is the newest restaurant and retailer that will be opening this summer. With over 16,000 square feet to staff next month Fleetwood’s On Front St. has good news…… they are hiring! In the next two months there will be an influx of new jobs both in the service industry and retail sector.
“Around the country, the lack of jobs has been taking its toll. In Lahaina we are working hard to do our part to create opportunities for our community and are dedicated to hiring within the community,” said Jonathan Todd, managing partner of Fleetwood’s On Front St. “We are making a concerted effort to attract strong team members, create an environment where people can get back to work, taxes can be generated, and the surrounding area can benefit from our success.”
Todd added, “If candidates feel that they are the best of the best, and have experience in casual elegant dining, or retail sales, Fleetwood’s on Front St. wants to hear from you.” Fleetwood’s on Front St. located at 744 Front Street, Lahaina will be accepting applications on site and conducting interviews Monday, July 2nd from noon to 8pm.
Fleetwood’s on Front St. is an equal opportunity employer committed to hiring a diverse workforce and sustaining an inclusive culture.
For more information, go to the Fleetwood’s on Front St. website at http://fleetwoodsonfrontst.com or call Jill Holley, Senior Sales and Catering Director at 530 545 3000.
Kahului units of the Maui Fire Department doused a fire next to Ceramic Tile Plus today.
Around 2 p.m., MFD Units E-1,R-10 and T-10 responded to brush fire at 25 Kahului Beach Rd. E-1 arrived on scene and quickly extinguished a 25′ x 50″ brushfire fronting the east side property line of Ceramic Tile Plus. Only dry brush on fire and no monetary loss reported. Police did close the right hand turn lane on Beach Road/ Kahumanu Ave for a short period.
Fire called under control at 2:10 p.m. and extinguished at 2:36 p.m. No injuries reported and cause of fire undetermined.
Maui, HAWAII – Coast Guardsmen at Station Maui are trying to locate the owner of a blue kayak found floating near Menehune Shores in Kihei at 1:15 p.m. Saturday.
No one has been reported to be in distress. The kayak contained a milk crate, a computer bag with old food, a bicycle helmet, and a plastic fishing float. An urgent marine information broadcast was issued to see if any mariners in the area can identify the kayak
The Coast Guard is requesting anyone with information regarding the kayak contact the Sector Honolulu command center at 808-842-2600.
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