GOVERNOR’S VETO LIST AND RATIONALE SUMMARY
News Release from Office of the Governor, July 12, 2016
HONOLULU – Gov. David Ige announced the vetoes of seven bills that were on his Intent to Veto list submitted to the State Legislature on June 27. The governor notified legislative leaders of the vetoes on Monday, July 11, a day before the July 12 deadline.
(Editor's Note: The full veto list, posted at bottom, includes eight bills, not seven. The missing bill is SB2181 which was vetoed April 29.)
The following bills have been vetoed:
SB 2077 Relating to Separation Benefits: This bill would have offered benefits to Hawai‘i Health Systems Corporation (HHSC) employees who are facing the abolishment of their positions or workforce restructuring at Maui Region hospitals due to the transition from a state operation to a private operation.
RATIONALE: There are three primary reasons for this veto.
- The Employees Retirement System (ERS) believes this bill jeopardizes its tax-qualified status because it allows the affected employees to choose between a lump-sum cash payment that is taxable as wages, and a special employer subsidized early retirement benefit.
Under the IRS code, sections governing the state’s ERS plan, this is not permitted and therefore it threatens the plan’s tax-exempt status.
- Affected employees were given a lump-sum cash payment upon separation from state service. However, the bill does not appropriate funds for this purpose. Nor does it provide authority to Hawai‘i Health Systems to make the payments.
- Finally – the bill adds an additional unfunded liability of about $17.2 million to the ERS and $18.4 million to the Employer Union Benefits Trust fund (EUTF) to cover Maui employees separated from state service.
This undermines the state’s moratorium on enhanced benefits and puts the state’s long-term financial plan in jeopardy because the state’s long-term financial position is judged by bond rating agencies based upon the state’s outstanding unfunded liabilities.
Adding to the unfunded liabilities raises concerns for these agencies, about the state’s commitment to financial sustainability.
“This transition to a new system of care has never been done before. It is complex, and there are multiple stakeholders and issues at play. I have exercised my Constitutional duty to veto the bill and submit a remedy so the transition can move forward. My proposed cure remedies legal, technical and fiscal issues while respecting public employees and the collective bargaining process as the employees separate from state service. It is a path forward,” said Gov. Ige.
Proposed Amended Bill:
Governor David Ige submitted a proposed amended bill to the legislature that balances the needs of the various stakeholders and constituents on Maui. The proposal addresses the three primary concerns and are summarized as follows:
- The state of Hawai‘i and the Hawai‘i Health Systems Corporation as the employer – will negotiate with the exclusive representatives — for separation benefits for affected employees who separate from state service.
- Affected employees would be authorized to purchase retirement credits for the amount of time they would have received if they had remained in state service up to June 30, 2017.
- An appropriation of $25 million in general funds for allocation by the Director of Finance to HHSC – for the payment of the separation benefits and related fringe costs.
HB 1850 Relating to Taxation: This bill would have allowed transient accommodations brokers to register as tax collection agents with the state.
RATIONALE: Looking at this bill from the single lens of taxes owed to the state, this measure did provide a mechanism to achieve that goal.
However– the use of an intermediary system — such as “tax accommodations brokers” as tax collection agents also provided a shield for owners who do NOT currently comply with county laws.
This could have also encouraged owner-occupants to choose “transient accommodation renters” at a time when affordable rental housing in our state is severely stressed and homelessness remains a critical concern statewide.
HB 1739 Relating to Employment: Would have prohibited employers from accessing or obtaining employees’ social media accounts and passwords by coercion or other means.
RATIONALE: It remains unclear the extent to which this is occurring in workplaces at a level that requires state intervention at this time.
While the intent of this bill is commendable, it contains no provisions for enforcement or due process. The measure states that “an employer found in violation… shall be subject to a fine of not less than $25 and not more than $100, to be collected by the director of the Department of Labor and Industrial Relations.”
However, DLIR does not currently have the staff, resources or expertise to administer the measure, which would include taking complaints, determining violations, education of rights, determination and collection of fines and administrative review.
HB 1747 Relating to Motor Vehicles: Would have authorized police officers to request towing of motor vehicles if a driver is arrested for driving under the influence.
RATIONALE: This measure would have authorized police to tow vehicles only for the offense of driving under the influence. This severely limits this bill, particularly for repeat offenders. The original intent of this bill was to allow police to tow for VARIOUS traffic offenses, including driving without a license, habitually driving under the influence and operating a vehicle while a license has been revoked.
This bill would have also undermined a law that permits towing of a vehicle when an operator has been driving under the influence of alcohol or drugs, without a valid driver’s license or with fraudulent license plates or registration emblems.
HB 2016 Relating to Public Employees: This measure would have required the Employees’ Retirement System (ERS) to transfer contributions by retirees and beneficiaries to the Hawai‘i Employer Union Benefits Trust Fund (EUTF) for health insurance payments.
After January 1, 2017, the EUTF would have been required to authorize automatic electronic payments to EUTF in lieu of withholdings.
RATIONALE: This bill would have required “information system” modifications. The process development procedures will take longer to implement than the January 1, 2017 deadline will allow. Also – the ERS Board of Directors expressed concerns about the lack of authorization to expend funds from the ERS Trust Fund, to make the necessary modifications that would have been required to implement this bill.
HB 2277 Relating to the King Kamehameha Celebration Commission: This measure aimed to clarify the membership and mission of the King Kamehameha Celebration Commission.
RATIONALE: The specific number of commission members was deleted from the bill. This created a problem in determining quorum. This problem can be resolved by either restoring the maximum membership number or providing a specific number of members required for quorum.
SB 3102 Relating to the Department of Business Economic Development and Tourism: This measure would have required state agencies to implement inter-agency agreements without entering into a memorandum of agreement or memorandum of understanding.
The measure also aimed to diversify the economy by establishing the High-Growth Grant Program, and appropriate $1 million to the HGGP special fund to provide business grants.
RATIONALE: The concern is that this bill did not provide a clear rationale for requiring the implementation of inter-agency agreements without MOAs or MOUs. Also – the Department of Business, Economic Development and Tourism (DBEDT) does not have the expertise and resources to develop inter-agency agreements for all programs statewide.
In addition – the purposes of the High-Growth Grant program were very broad. The program’s special fund would likely not have been self-sustaining without more clarity about the program’s purpose.
A complete list of vetoed and approved bills can be found here: http://governor.hawaii.gov/
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For a full report from the Hawai’i State Legislature, click HERE.
News Release from Office of the Governor, July 12, 2016
GM1332, HB1739 HD2 SD1 CD1, 7/11/2016 Posted on July 12, 2016
RELATING TO EMPLOYMENT. Prohibits employers from requiring, requesting, or coercing employees or potential employees to provide access to their personal social media accounts, subject to certain exemptions. (HB1739 CD1) GM1332, HB1739 HD2 SD1 CD1
GM1333, HB1747 HD1 SD1 CD1, 7/11/2016 Posted on July 12, 2016
RELATING TO MOTOR VEHICLES. Authorizes a police officer to cause to be towed a motor vehicle if the operator is arrested or cited for certain intoxicant-related offenses. Provides exceptions. Provides notice and hearing requirements. (HB1747 CD1) GM1333, HB1747 HD1 SD1 CD1
GM1334, HB1850 HD1 SD3 CD1, 7/11/2016 Posted on July 12, 2016
RELATING TO TAXATION. Allows transient accommodations brokers to register as tax collection agents to collect and remit general excise and transient accommodations taxes on behalf of operators and plan managers using their services. Ensures that the subject property is in compliance with applicable land use laws. Sunsets on 12/31/2021. (HB1850 CD1) GM1334, HB1850 HD1 SD3 […]
GM1335, HB2016 HD1 SD1 CD1, 7/11/2016 Posted on July 12, 2016
RELATING TO PUBLIC EMPLOYEES. Requires public retiree contributions to the EUTF to be paid through withholdings of retirement benefit amounts from the ERS. Beginning after January 1, 2017, requires the EUTF to authorize automatic electronic payments in lieu of withholdings. (HB2016 CD1) GM1335, HB2016 HD1 SD1 CD1
GM1336, HB2277 HD1 SD1 CD1, 7/11/2016 Posted on July 12, 2016
RELATING TO THE KING KAMEHAMEHA CELEBRATION COMMISSION. Amends the membership, mission, and purpose of the King Kamehameha Celebration Commission. Authorizes the Chairperson to appoint an advisory committee for historical and archival matters. Authorizes the Commission to appoint an Executive Director. (HB2277 CD1) GM1336, HB2277 HD1 SD1 CD1
GM1337, SB3102 SD1 HD1 CD1, 7/11/2016 Posted on July 12, 2016
RELATING TO THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM. Requires DBEDT to develop, and state agencies to enter into, inter-agency agreements without entering into a memorandum of agreement or memorandum of understanding. Establishes the high-growth grant program and special fund to provide grants to qualified businesses for certain business development activities. Makes an appropriation. […]
GM1338, SB2077 SD1 HD2 CD2 , 7/11/2016 Posted on July 12, 2016
RELATING TO SEPARATION BENEFITS. Authorizes HHSC employees facing position abolishment, reduction-in-force, or workforce restructuring to opt to receive either severance benefits or a special retirement benefit in lieu of exercising any reduction-in-force rights. Requires the State to pay a monthly contribution for employees separated from service as a result of Act 103, Session Laws of […]
GM1146, SB2181 SD2 HD2, 4/29/2016 Posted on April 29, 2016
RELATING TO ACCESS TO TREATMENT FOR TERMINALLY ILL PATIENTS. Permits manufacturers of investigational drugs or biological products beginning on January 1, 2017 to make these drugs and products available to terminally ill patients under certain conditions. Veto GM1146, SB2181 SD2 HD2