JOURNAL of the HOUSE OF REPRESENTATIVES TWENTY-EIGHTH

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

TWENTY-EIGHTH LEGISLATURE STATE OF HAWAII

SECOND SPECIAL SESSION OF 2016

Convened Tuesday, July 12, 2016 Adjourned Wednesday, July 20, 2016

HOUSE OF REPRESENTATIVES


TABLE OF CONTENTS

iii

First Day, Tuesday, July 12, 2016 ............................................................................................................................................... 1

Second Day, Monday, July 18, 2016 ......................................................................................................................................... 18

Third Day, Wednesday, July 20, 2016 ....................................................................................................................................... 22

Messages and Communications Received After Adjournment:

Departmental Communications ................................................................................................................................................. 25

History:

House Bills ................................................................................................................................................................................ 26

House Concurrent Resolutions .................................................................................................................................................. 35

House Resolutions ..................................................................................................................................................................... 36

Senate Bills ................................................................................................................................................................................ 37

2 0 1 6 H O U S E J O U R N A L – S E C O N D S P E C I A L SE S S I ON – 1 S T D A Y 1

THE

TWENTY-EIGHTH LEGISLATURE

STATE OF HAWAII


JOURNAL OF THE HOUSE

FIRST DAY

Tuesday, July 12, 2016 In accordance with the provisions of Section 16 of Article III of the Constitution of the State of Hawaii, the House of Representatives of the Twenty-Eighth Legislature of the State of Hawaii convened in Special Session on Wednesday, July 12, 2016. The Honorable Joseph M. Souki, member of the Eighth District, having been elected Speaker of the House of Representatives on the Opening Day of the Twenty-Eighth Legislature and retaining that position under the provision of Rule 1.5 of the Rules of the House of Representatives, called the House to order at 11:09 o'clock a.m., announcing: "Members, we are gathered in accordance with Article III, Section 16 of the Hawaii State Constitution which provides that the Governor shall have 45 days after the adjournment of the Legislature sine die, to consider bills presented after adjournment, and which allows the Governor to return any bill with his objections. These said provisions allow the Legislature to convene at or before noon on the 45th day in Special Session, without call, for the sole purpose of acting upon any such bill returned by the Governor. "This day of July 12th is the 45th day after adjournment sine die of the Regular Session of 2016. The House will now come to order." The invocation was delivered by Pastor Peter Kamakawiwoole of Calvary Church of the Pacific, after which the Roll was called showing all Members present with the exception of Representatives DeCoite, Ing, Ohno and Ward, who were excused.

INTRODUCTIONS The following introductions were made to the Members of the House: Representative Keohokalole introduced volunteers in his office: Jonah Cummings and Lee-won Fulbright. Representative Johanson introduced an intern in his office: Kiara Vicens. Representative Rhoads introduced Mr. Jason Bradshaw, COPE Director, Hawaii State AFL-CIO. Representative Luke introduced staff of Congressman Mark Takai: Riley Fujisaki, Carissa Nakamura and Darian Kwon. Representative Evans introduced interns in her office: Wu Yuying (Christy), Yu Untei (Casey), Huang Ai Ping (Lillian), Ying Yun Lin (Catherine), Yetong Zhang (Coco) and Cheng Bo (Victoria). At this time, the Chair stated: "Members, we are going to skip to item four. What we will be doing is we'll be taking an item out of order, item number four, introducing the resolutions."

ORDER OF THE DAY

INTRODUCTION OF RESOLUTIONS The following concurrent resolution (H.C.R. No. 1) was announced by the Clerk and the following action taken: H.C.R. No. 1, entitled: "HOUSE CONCURRENT RESOLUTION RELATING TO RECESS DAYS FOR THE SECOND SPECIAL SESSION OF 2016," was jointly offered by Representatives Souki and Mizuno. On motion by Representative Saiki, seconded by Representative Evans and carried, H.C.R. No. 1 was adopted, with Representatives DeCoite, Ing, Ohno and Ward being excused. At 11:19 o'clock a.m., the Chair declared a recess subject to the call of the Chair. The House of Representatives reconvened at 11:58 o'clock a.m.

GOVERNOR'S MESSAGES The following messages from the Governor (Gov. Msg. Nos. 1148 through 1331) were received and announced by the Clerk and were placed on file: Gov. Msg. No. 1148, informing the House that on May 5, 2016, the following bill was signed into law:

S.B. No. 3126, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO PUBLIC SCHOOLS." (ACT 047)

Gov. Msg. No. 1149, informing the House that on May 10, 2016, the following bill was signed into law:

H.B. No. 1581, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO JUDICIAL PROCEEDINGS." (ACT 048)


H.B. No. 2308, HD 1, SD 1, entitled: "A BILL FOR AN ACT MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS." (ACT 049)


S.B. No. 2836, SD 1, HD 2, entitled: "A BILL FOR AN ACT MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS." (ACT 050)


S.B. No. 2835, SD 1, HD 1, entitled: "A BILL FOR AN ACT MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS." (ACT 051)

2 2 0 1 6 H O U S E J O U R N A L – S E C O N D S P E C I A L SE S S I ON – 1 S T D A Y

Gov. Msg. No. 1153, informing the House that on June 6, 2016, the following bill was signed into law:

H.B. No. 2217, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO AMENDING OR REPEALING HAWAII REAL PROPERTY TAX LAWS FOR THE PURPOSE OF DELETING OBSOLETE OR UNNECESSARY PROVISIONS." (ACT 052)


H.B. No. 2218, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO AMENDING OR REPEALING HAWAII INCOME TAX LAWS FOR THE PURPOSE OF DELETING OBSOLETE OR UNNECESSARY PROVISIONS." (ACT 053)


H.B. No. 2033, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO THE COMMISSION ON WATER RESOURCE MANAGEMENT." (ACT 054)


H.B. No. 2448, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO STATUTORY REVISION: AMENDING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE PURPOSES OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS." (ACT 055)


S.B. No. 2121, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO PUBLIC AGENCY MEETINGS AND RECORDS." (ACT 056)


H.B. No. 2362, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE HAWAII WORKFORCE DEVELOPMENT COUNCIL." (ACT 057)


S.B. No. 2807, SD 2, entitled: "A BILL FOR AN ACT RELATING TO ENTERPRISE TECHNOLOGY SERVICES." (ACT 058)


S.B. No. 2213, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE NURSING FACILITY SUSTAINABILITY PROGRAM." (ACT 059)


S.B. No. 2330, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE HOSPITAL SUSTAINABILITY PROGRAM." (ACT 060)


H.B. No. 2415, SD 1, entitled: "A BILL FOR AN ACT RELATING TO NON-GENERAL FUNDS." (ACT 061)


H.B. No. 2037, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE WORLD CONSERVATION CONGRESS." (ACT 062)


H.B. No. 2279, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES." (ACT 063)


S.B. No. 2555, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO STATE FUNDS." (ACT 064)


S.B. No. 3109, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO MANUFACTURING." (ACT 065)


S.B. No. 3110, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TECHNOLOGY." (ACT 066)


S.B. No. 2453, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO AQUATIC RESOURCES PENALTIES." (ACT 067)


S.B. No. 2392, SD 2, HD 3, CD 1, entitled: "A BILL FOR AN ACT RELATING TO OPIOID ANTAGONISTS." (ACT 068)


H.B. No. 2252, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO DISCHARGE PLANNING." (ACT 069)


H.B. No. 2722, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO UNEMPLOYMENT." (ACT 070)


H.B. No. 2605, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LABOR." (ACT 071)


H.B. No. 2034, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT MAKING AN APPROPRIATION TO THE KAHO‘OLAWE ISLAND RESERVE COMMISSION." (ACT 072)


H.B. No. 1111, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO RECORDS OF THE HAWAII HEALTH SYSTEMS CORPORATION." (ACT 073)



H.B. No. 2009, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO HOISTING MACHINE OPERATORS." (ACT 074)


H.B. No. 1543, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO STATE BONDS." (ACT 075)


S.B. No. 2131, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO ENERGY." (ACT 076)


S.B. No. 2845, HD 1, CD 1, entitled: "A BILL FOR AN ACT MAKING APPROPRIATIONS TO REPAY GENERAL FUND CASH ADVANCES." (ACT 077)


S.B. No. 2910, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TIME SHARE COMMISSIONERS OF DEEDS." (ACT 078)


H.B. No. 2353, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO EXEMPTIONS FROM CIVIL SERVICE." (ACT 079)


H.B. No. 2082, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO ADOPTION RECORDS." (ACT 080)


H.B. No. 27, SD 1, entitled: "A BILL FOR AN ACT RELATING TO ELECTIONS." (ACT 081)


H.B. No. 1705, SD 1, entitled: "A BILL FOR AN ACT RELATING TO MOTOR VEHICLE INSURANCE." (ACT 082)


H.B. No. 2281, SD 1, entitled: "A BILL FOR AN ACT RELATING TO SERVICE BY PUBLICATION IN PATERNITY CASES." (ACT 083)


H.B. No. 2295, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO THE AEROSPACE ADVISORY COMMITTEE." (ACT 084)


H.B. No. 2311, SD 1, entitled: "A BILL FOR AN ACT RELATING TO REPORTING DEATHS TO STATE AGENCIES." (ACT 085)


H.B. No. 2466, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO NON-GENERAL FUNDS." (ACT 086)


H.B. No. 2204, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO EDUCATION." (ACT 087)


H.B. No. 2343, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO REQUIREMENTS FOR CHILD CARE PROVIDERS." (ACT 088)


H.B. No. 1585, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO GUARDIANSHIP." (ACT 089)


S.B. No. 2540, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF HEALTH." (ACT 090)


S.B. No. 2823, HD 1, entitled: "A BILL FOR AN ACT RELATING TO THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION." (ACT 091)


S.B. No. 2861, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE JOINT FORMULARY ADVISORY COMMITTEE." (ACT 092)


H.B. No. 2389, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE FEDERAL REIMBURSEMENT MAXIMIZATION SPECIAL FUND." (ACT 093)


H.B. No. 900, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO MEDICAL ASSISTANCE FRAUD." (ACT 094)


H.B. No. 2093, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR GOODWILL INDUSTRIES OF HAWAII, INC." (ACT 095)


H.B. No. 2340, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORDS CHECKS UNDER THE CHILD PROTECTIVE ACT." (ACT 096)



H.B. No. 1756, HD 3, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO NURSING." (ACT 097)


H.B. No. 2231, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO ENERGY COOPERATIVES." (ACT 098)


H.B. No. 901, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT VEHICLES." (ACT 099)


H.B. No. 1011, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE TRAFFIC CODE." (ACT 100)


H.B. No. 2017, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION TREATMENT PLANS." (ACT 101)


H.B. No. 2675, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO RAPID OHIA DEATH." (ACT 102)


H.B. No. 2657, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO AGRICULTURE." (ACT 103)


H.B. No. 2317, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT MAKING AN APPROPRIATION TO THE EMERGENCY AND BUDGET RESERVE FUND." (ACT 104)


H.B. No. 2121, HD 3, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LEGAL SERVICES." (ACT 105)


H.B. No. 2582, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO FOOD SAFETY." (ACT 106)


S.B. No. 1311, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO EDUCATION." (ACT 107)


S.B. No. 2954, SD 2, HD 1, entitled: "A BILL FOR AN ACT RELATING TO FIREARMS." (ACT 108)


H.B. No. 625, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO FIREARMS." (ACT 109)


H.B. No. 2632, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO FIREARMS." (ACT 110)


H.B. No. 799, HD 2, SD 1, entitled: "A BILL FOR AN ACT RELATING TO THE UNIFORM AERONAUTICS ACT." (ACT 111)


H.B. No. 2267, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TECHNOLOGY IN SCHOOLS." (ACT 112)


H.B. No. 2205, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO CHARTER SCHOOLS." (ACT 113)


H.B. No. 2559, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO MENTAL HEALTH." (ACT 114)


H.B. No. 2233, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO HEALTH CARE PROFESSIONALS." (ACT 115)


H.B. No. 801, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT AUTHORIZING THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR SUNSTRONG LLC, A RENEWABLE ENERGY DEVELOPER SERVING THE GENERAL PUBLIC IN PROVIDING ELECTRIC ENERGY." (ACT 116)


H.B. No. 2593, HD 1, SD 1, entitled: "A BILL FOR AN ACT AUTHORIZING THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR HAWAII RENEWABLE RESOURCES, LLC." (ACT 117)


H.B. No. 2669, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST TRUTAG TECHNOLOGIES, INC." (ACT 118)


H.B. No. 545, HD 1, SD 2, entitled: "A BILL FOR AN ACT RELATING TO FUNDS." (ACT 119)



H.B. No. 2403, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO THE MEDICAL ADVISORY BOARD." (ACT 120)


H.B. No. 1684, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY." (ACT 121)


S.B. No. 2850, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO MORTGAGE INDUSTRY REGULATION." (ACT 122)


S.B. No. 2670, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO BEHAVIOR ANALYSTS." (ACT 123)


H.B. No. 1700, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE STATE BUDGET." (ACT 124)


S.B. No. 2647, SD 1, HD 2, entitled: "A BILL FOR AN ACT RELATING TO NATURAL RESOURCES." (ACT 125)

Gov. Msg. No. 1227, dated June 27, 2016, pursuant to the notice requirement of Section 16 of Article III of the Constitution of the State of Hawaii, transmitting proclamations giving notice of the Governor's plan to return the following bills with his objections:

H.B. No. 1370, HD 1, SD 2, CD 1

A BILL FOR AN ACT RELATING TODIVORCE.

H.B. No. 1739, HD 2, SD 1, CD 1

A BILL FOR AN ACT RELATING TOEMPLOYMENT.

H.B. No. 1747, HD 1, SD 1, CD 1

A BILL FOR AN ACT RELATING TO MOTORVEHICLES.

H.B. No. 1850, HD 1, SD 3, CD 1

A BILL FOR AN ACT RELATING TOTAXATION.

H.B. No. 2016, HD 1, SD 1, CD 1

A BILL FOR AN ACT RELATING TO PUBLICEMPLOYEES.

H.B. No. 2277, HD 1, SD 1, CD 1

A BILL FOR AN ACT RELATING TO THEKING KAMEHAMEHA CELEBRATIONCOMMISSION.

S.B. No. 2077, SD 1, HD 2, CD 2

A BILL FOR AN ACT RELATING TOSEPARATION BENEFITS.

S.B. No. 2542, SD 2, HD 1, CD 1

A BILL FOR AN ACT RELATING TO REPAIRAND MAINTENANCE.

S.B. No. 3102, SD 1, HD 1, CD 1

A BILL FOR AN ACT RELATING TO THEDEPARTMENT OF BUSINESS, ECONOMICDEVELOPMENT, AND TOURISM.

"P R O C L A M A T I O N

WHEREAS, under Section 16 of Article III of the Constitution of the State of Hawai‘i, the Governor is required to give notice, by a proclamation, of the Governor's plan to return with the Governor's objections any bill presented to the Governor less than ten days before adjournment sine die or presented to the Governor after adjournment sine die of the Legislature; and

WHEREAS, House Bill No. 1370, entitled "A Bill for an Act Relating to Divorce," passed by the Legislature, was presented to the Governor within the aforementioned period; and

WHEREAS, House Bill No. 1370 is unacceptable to the Governor of the State of Hawai‘i;

NOW, THEREFORE, I, DAVID Y. IGE, Governor of the State of Hawai‘i, do hereby issue this proclamation, pursuant to the provisions of Section 16 of Article III of the Constitution of the State of Hawai‘i, giving notice of my plan to return House Bill No. 1370 with my objections thereon to the Legislature as provided by said Section 16 of Article III of the Constitution.

DONE at the State Capitol, Honolulu, State of Hawai‘i, this 27 day of June, 2016.

/s/ David Y. Ige DAVID Y. IGE Governor of Hawai‘i"



WHEREAS, House Bill No. 1739, entitled "A Bill for an Act Relating to Employment," passed by the Legislature, was presented to the Governor within the aforementioned period; and







WHEREAS, House Bill No. 1747, entitled "A Bill for an Act Relating to Motor Vehicles," passed by the Legislature, was presented to the Governor within the aforementioned period; and








WHEREAS, House Bill No. 1850, entitled "A Bill for an Act Relating to Taxation," passed by the Legislature, was presented to the Governor within the aforementioned period; and







WHEREAS, House Bill No. 2016, entitled "A Bill for an Act Relating to Public Employees," passed by the Legislature, was presented to the Governor within the aforementioned period; and







WHEREAS, House Bill No. 2277, entitled "A Bill for an Act Relating to the King Kamehameha Celebration Commission," passed by the Legislature, was presented to the Governor within the aforementioned period; and







WHEREAS, Senate Bill No. 2077, entitled "A Bill for an Act Relating to Separation Benefits," passed by the Legislature, was presented to the Governor within the aforementioned period; and

WHEREAS, Senate Bill No. 2077 is unacceptable to the Governor of the State of Hawai‘i;

NOW, THEREFORE, I, DAVID Y. IGE, Governor of the State of Hawai‘i, do hereby issue this proclamation, pursuant to the provisions of Section 16 of Article III of the Constitution of the State of Hawai‘i, giving notice of my plan to return Senate Bill No. 2077 with my objections thereon to the Legislature as provided by said Section 16 of Article III of the Constitution.






WHEREAS, Senate Bill No. 2542, entitled "A Bill for an Act Relating to Repair and Maintenance," passed by the Legislature, was presented to the Governor within the aforementioned period; and







WHEREAS, Senate Bill No. 3102, entitled "A Bill for an Act Relating to the Department of Business, Economic Development, and Tourism," passed by the Legislature, was presented to the Governor within the aforementioned period; and






H.B. No. 2501, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WATER RIGHTS." (ACT 126)


S.B. No. 2561, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO RENTAL HOUSING." (ACT 127)


S.B. No. 2566, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO HOUSING." (ACT 128)


S.B. No. 2833, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE LOW-INCOME HOUSING TAX CREDIT." (ACT 129)


S.B. No. 3077, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO STATEWIDE COMMUNITY PLANNING." (ACT 130)


H.B. No. 2293, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION." (ACT 131)


H.B. No. 2305, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE DWELLING UNIT REVOLVING FUND." (ACT 132)


H.B. No. 2350, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO FOSTER CHILDREN." (ACT 133)


S.B. No. 2878, SD 1, HD 1, entitled: "A BILL FOR AN ACT RELATING TO YOUTH TRANSITIONING FROM FOSTER CARE." (ACT 134)


H.B. No. 2084, HD 2, SD 1, entitled: "A BILL FOR AN ACT RELATING TO INSURANCE." (ACT 135)


H.B. No. 1943, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LONG-TERM CARE FACILITIES." (ACT 136)


S.B. No. 2076, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO HEALTH CARE." (ACT 137)


H.B. No. 1878, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO AGING." (ACT 138)


H.B. No. 2482, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO INSURANCE." (ACT 139)


S.B. No. 2853, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO INSURANCE." (ACT 140)





H.B. No. 2326, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO MORTGAGE RESCUE FRAUD." (ACT 142)


H.B. No. 1894, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO POST-SECONDARY EDUCATION." (ACT 143)


H.B. No. 1096, HD 2, SD 1, entitled: "A BILL FOR AN ACT RELATING TO THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT." (ACT 144)


H.B. No. 1669, HD 2, SD 1, entitled: "A BILL FOR AN ACT RELATING TO PUBLIC ACCOUNTANCY." (ACT 145)


S.B. No. 2863, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO CITATIONS FOR MASSAGE THERAPY VIOLATIONS." (ACT 146)


S.B. No. 2671, SD 1, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO VETERINARY TECHNICIANS." (ACT 147)


S.B. No. 2673, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TRAVEL AGENCIES." (ACT 148)


S.B. No. 2680, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO FINANCIAL INSTITUTIONS." (ACT 149)


H.B. No. 1608, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE UNIVERSITY OF HAWAII." (ACT 150)


H.B. No. 1814, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO EDUCATION." (ACT 151)


S.B. No. 2981, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO EDUCATION." (ACT 152)


H.B. No. 1044, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO SEXUAL ASSAULT." (ACT 153)


H.B. No. 1561, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO NUISANCE ABATEMENT." (ACT 154)


H.B. No. 2671, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO CRIMINAL JUSTICE DATA." (ACT 155)


H.B. No. 1046, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WRONGFUL IMPRISONMENT." (ACT 156)


H.B. No. 1517, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO SENTENCING." (ACT 157)


H.B. No. 2247, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO GOVERNMENTAL TRAVEL." (ACT 158)


S.B. No. 2106, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WITNESSES." (ACT 159)


S.B. No. 2108, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO CRIMINAL PROCESS." (ACT 160)


S.B. No. 2196, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE LAW ENFORCEMENT OFFICER INDEPENDENT REVIEW BOARD." (ACT 161)


S.B. No. 2298, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT." (ACT 162)


S.B. No. 2812, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO CHARITABLE SOLICITATION." (ACT 163)


S.B. No. 2439, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT." (ACT 164)



S.B. No. 2512, SD 1, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO ANIMALS." (ACT 165)


S.B. No. 2551, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO NON-GENERAL FUNDS." (ACT 166)


H.B. No. 1055, HD 2, SD 1, entitled: "A BILL FOR AN ACT RELATED TO ELECTIONS." (ACT 167)


H.B. No. 1654, HD 1, SD 2, entitled: "A BILL FOR AN ACT RELATING TO ABSENTEE BALLOTS." (ACT 168)


S.B. No. 2645, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WATER AUDITS." (ACT 169)


H.B. No. 1749, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WATER MANAGEMENT." (ACT 170)


H.B. No. 2029, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WATER INFRASTRUCTURE LOANS." (ACT 171)


H.B. No. 2040, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WATER SECURITY." (ACT 172)


H.B. No. 2077, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO HYDROELECTRIC POWER." (ACT 173)


S.B. No. 2217, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO AGRICULTURE." (ACT 174)


S.B. No. 2788, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE MOLOKAI IRRIGATION SYSTEM WATER USERS ADVISORY BOARD." (ACT 175)


H.B. No. 2569, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO ENERGY." (ACT 176)


S.B. No. 2476, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO HEALTH." (ACT 177)


H.B. No. 1668, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE USE OF A DOG IN JUDICIAL PROCEEDINGS." (ACT 178)

Gov. Msg. No. 1281, informing the House that on July 1, 2016, the following bill was signed into law:

H.B. No. 2626, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO UNDERGROUND STORAGE TANKS." (ACT 179)


S.B. No. 911, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LATEX." (ACT 180)


S.B. No. 2886, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO AGE OF CONSENT FOR ADOLESCENT MENTAL HEALTH SERVICES." (ACT 181)


S.B. No. 3084, SD 1, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO CESSPOOLS." (ACT 182)


S.B. No. 2672, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO ADVANCED PRACTICE REGISTERED NURSES." (ACT 183)


S.B. No. 2384, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LICENSING INSPECTIONS." (ACT 184)


S.B. No. 2387, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO PHYSICAL EXAMINATIONS." (ACT 185)


S.B. No. 2560, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO MENTAL HEALTH." (ACT 186)


H.B. No. 2363, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LABOR." (ACT 187)


H.B. No. 2715, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION." (ACT 188)

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H.B. No. 1752, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE OFFICE OF COMMUNITY SERVICES." (ACT 189)


S.B. No. 2289, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LABOR." (ACT 190)


S.B. No. 2896, SD 1, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE PREVENTION OF UNFAIR LABOR PRACTICES." (ACT 191)


S.B. No. 2723, SD 1, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO ENFORCEMENT OF WAGE LAWS." (ACT 192)


H.B. No. 2543, HD 2, SD 1, entitled: "A BILL FOR AN ACT RELATING TO BROADBAND." (ACT 193)


H.B. No. 2049, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TRANSPORTATION." (ACT 194)


H.B. No. 2086, HD 2, SD 2, entitled: "A BILL FOR AN ACT RELATING TO TRANSPORTATION." (ACT 195)


S.B. No. 2618, SD 1, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TRANSPORTATION." (ACT 196)


S.B. No. 2375, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TRANSPORTATION." (ACT 197)


S.B. No. 2888, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO FORENSIC MENTAL HEALTH PROCEDURES." (ACT 198)


H.B. No. 1578, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THEFT." (ACT 199)


H.B. No. 1753, HD 3, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO MOPEDS." (ACT 200)


H.B. No. 1807, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO MILITARY SERVICE." (ACT 201)


S.B. No. 2652, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TAXATION." (ACT 202)


S.B. No. 2317, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO HEALTH." (ACT 203)


H.B. No. 1897, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO INSURANCE COVERAGE OF HEALTH SCREENINGS." (ACT 204)




H.B. No. 1902, HD 2, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO SEX TRAFFICKING." (ACT 206)


H.B. No. 1907, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO SEXUAL ASSAULT." (ACT 207)


H.B. No. 2772, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE UNIVERSITY OF HAWAII." (ACT 208)


H.B. No. 2489, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF DEFENSE." (ACT 209)


H.B. No. 1041, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO HUNTING." (ACT 210)


S.B. No. 2904, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO AQUATIC MITIGATION BANKS." (ACT 211)


H.B. No. 2169, HD 2, SD 1, entitled: "A BILL FOR AN ACT RELATING TO SOCIAL WORKERS." (ACT 212)

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S.B. No. 2811, SD 2, HD 1, entitled: "A BILL FOR AN ACT RELATING TO PARENTAL RIGHTS." (ACT 213)


H.B. No. 1726, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO MURDER." (ACT 214)


H.B. No. 2090, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO LAND COURT." (ACT 215)


H.B. No. 2036, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO CONSERVATION DISTRICTS." (ACT 216)


H.B. No. 2391, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE RELEASE OF CERTAIN MISDEMEANANTS." (ACT 217)


S.B. No. 2915, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT." (ACT 218)


H.B. No. 1733, HD 2, SD 2, entitled: "A BILL FOR AN ACT RELATING TO USE PERMITS FOR SMALL BOAT FACILITIES." (ACT 219)


H.B. No. 1170, HD 2, SD 2, entitled: "A BILL FOR AN ACT RELATING TO LAND RESOURCES." (ACT 220)


H.B. No. 1999, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO AGRICULTURE." (ACT 221)


S.B. No. 2922, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE TAX REVIEW COMMISSION." (ACT 222)


S.B. No. 2987, SD 2, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO THE TRANSIENT ACCOMMODATIONS TAX." (ACT 223)


S.B. No. 2849, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO ESCROW DEPOSITORIES." (ACT 224)


S.B. No. 2550, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO FEDERAL FUNDS." (ACT 225)


S.B. No. 2395, SD 1, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TELEHEALTH." (ACT 226)


S.B. No. 2630, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO PUBLIC SAFETY." (ACT 227)


S.B. No. 2659, SD 2, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO INDUSTRIAL HEMP." (ACT 228)


H.B. No. 1997, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO AGRICULTURE." (ACT 229)

The following messages from the Governor (Gov. Msg. Nos. 1332 through 1338) were received and announced by the Clerk:

Gov. Msg. No. 1332, transmitting his statement of objections to H.B. No. 1739, HD 2, SD 1, CD 1, as follows:

"EXECUTIVE CHAMBERS HONOLULU July 11, 2016

STATEMENT OF OBJECTIONS TO HOUSE BILL NO. 1739

Honorable Members Twenty-Eighth Legislature State of Hawai‘i

Pursuant to Section 16 of Article III of the Constitution of the State of Hawai‘i, I am returning herewith, without my approval, House Bill No. 1739, entitled "A Bill for an Act Relating to Employment."

The purpose of this bill is to prohibit employers from requiring, requesting, or coercing employees or potential employees to provide access to their personal social media accounts, subject to certain exemptions.

While the intent of this bill is laudable, it is nonetheless objectionable because it contains no provisions for enforcement authority or due process. The bill simply states, in section 1 subsection (f), that "an employer found in violation of this part shall be subject to a fine of not less than $25 and not more than $100, to be collected by the director of labor and industrial relations; and the fine shall not be suspended."

Though the Department of Labor and Industrial Relations is the department best suited to administer this measure, the Department, its divisions or attached agencies do not currently have the staff, resources, or expertise to administer this measure including, but not limited to: intake of complaints, determination of violations, education of rights, determination and collection of fines, and administrative review. The Department has no data as to the number of cases occurring currently or in the past and is struggling with case backlogs in other areas without taking on the enactment and enforcement of this measure.

Additionally, the Legislature has provided for no funding, either in this bill, nor the budget, to determine standards and methods of administration


of the bill, for staff positions or administrative costs that would be required to implement the provisions of this measure.

For the foregoing reasons, I am returning House Bill No. 1739 without my approval.

Respectfully, /s/ David Y. Ige DAVID Y. IGE Governor of Hawai‘i"





Pursuant to Section 16 of Article III of the Constitution of the State of Hawai‘i, I am returning herewith, without my approval, House Bill No. 1747, entitled "A Bill for an Act Relating to Motor Vehicles."

The purpose of this bill is to increase traffic safety by authorizing police officers to have motor vehicles towed and impounded if the vehicle's operator is arrested or cited for operating the vehicle under the influence of an intoxicant. The towing and impoundment of the vehicle is a deterrent to this type of behavior.

I am concerned that this bill does not reflect the original intent, which was to authorize the police to tow vehicles for various traffic offenses such as no driver's license, habitually Operating a Vehicle Under the Influence of an Intoxicant (OVUII), and operating a vehicle while license was revoked for OVUII. The final bill only authorizes the police to tow vehicles for the offense of OVUII, which severely limits the effects of this bill, particularly on habitual repeat offenders.

Furthermore, the police would have to articulate their reason to believe that the suspect will likely return to the vehicle and drive again. This would in turn undermine and adversely impact Hawai‘i County Ordinance No. 11-102, also known as "Aliyah's Law," which permits the towing of vehicles of operators driving under the influence of alcohol or drugs, without a valid driver's license or with fraudulent license plates or registration emblems.







Pursuant to Section 16 of Article III of the Constitution of the State of Hawai‘i, I am returning herewith, without my approval, House Bill No. 1850, entitled "A Bill for an Act Relating to Taxation."

The bill authorizes 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 the brokers' services. This measure further includes a sunset provision on this authority of December 31, 2021, subject to future legislative review.

When viewed from the single lens of enforcement of taxes owed to the state by operators of vacation rentals, this measure does provide a mechanism to achieve that goal. However, the use of an intermediary system, such as the tax accommodations brokers as tax collection agents, also provides a shield for owners who do not presently comply with, nor would they be required to in the future, county ordinances that either limit the numbers of vacation rentals or place other restrictions upon their use within the various counties.

Further, I do believe that this arrangement will encourage owner-occupants to choose transient accommodation renters at a time when affordable rental housing within our State is severely stressed and homelessness remains a critical statewide concern. The Department of Human Services homeless coordinator and staff have been actively engaged in statewide recruitment of rental property owners to offer housing to low-income working families and individuals who lack affordable housing options. This type of outreach program has proven successful in other jurisdictions seeking to increase their rental housing inventory.







Pursuant to Section 16 of Article III of the Constitution of the State of Hawai‘i, I am returning herewith, without my approval, House Bill No. 2016, entitled "A Bill for an Act Relating to Public Employees."

The bill requires public retiree contributions to the Employer-Union Health Benefits Trust Fund (EUTF) to be paid through withholding of retirement benefit amounts from the Employees' Retirement System (ERS). Beginning after January 1, 2017, the EUTF would be required to authorize automatic electronic payments to EUTF in lieu of withholdings.

This bill is objectionable because implementation of the provisions set forth in this bill would require information system modifications and process development procedures that will take longer than the January 1, 2017 deadline. Furthermore, the ERS Board of Directors has expressed concerns about the lack of authorization to expend funds from the ERS Trust Fund to make these necessary information system modifications required to implement this bill.

Notwithstanding the provisions set forth in Section 1, page 2, lines 9-13, the ERS administration has also expressed concerns that this measure will subject them to provisions of the federal Health Insurance Portability and Accountability Act (HIPAA).

Despite these concerns, I am in agreement with the concept proposed in this measure and will request appropriate departments to work with the ERS administration and Board of Directors to develop an administration measure for consideration by the legislature during the 2017 regular session.








Pursuant to Section 16 of Article III of the Constitution of the State of Hawai‘i, I am returning herewith, without my approval, House Bill No. 2277, entitled "A Bill for an Act Relating to the King Kamehameha Celebration Commission."

The purpose of this bill is to amend the membership, mission, and purpose of the King Kamehameha Celebration Commission (Commission). This bill also authorizes the chairperson to appoint an executive director and an advisory committee.

This bill is objectionable because the specific number of Commission members was deleted from the bill, which creates a problem in determining quorum. This problem can be resolved by either restoring the maximum membership number or by providing a specific number of members for quorum in section 8-5, Hawaii Revised Statutes.



Gov. Msg. No. 1337, transmitting his statement of objections to S.B. No. 3102, SD 1, HD 1, CD 1, as follows:


STATEMENT OF OBJECTIONS TO SENATE BILL NO. 3102


Pursuant to Section 16 of Article III of the Constitution of the State of Hawai‘i, I am returning herewith, without my approval, Senate Bill No. 3102, entitled "A Bill for an Act Relating to the Department of Business, Economic Development, and Tourism."

The purpose of this bill is to mandate State agencies to implement inter-agency agreements without entering a memorandum of agreement (MOA) or memorandum of understanding (MOU), diversify the economy by establishing the High-Growth Grant Program (HGGP), and appropriate $1 million dollars to the HGGP special fund to provide business grants.

I am concerned that this bill does not provide a clear rationale for requiring implementation of inter-agency agreements without MOAS or MOUs. Further, the Department of Business, Economic Development, and Tourism (DBEDT) does not have the expertise, and lacks adequate resources, to develop inter-agency agreements for all program statewide because each program has an objective that differs from DBEDT's.

Additionally, the purposes for the HGGP are very broad, the term "high-growth" is vague, and the HGGP special fund will likely not be self-sustaining without more clarity about the purposes of the grant program. Thus, it would be very difficult for DBEDT to adopt administrative rules and implement the program since the three purposes do not seem to align with "high-growth".

Finally, the ambiguity of the HGGP could be viewed as providing authority to DBEDT to circumvent the legislature's constitutional authority to review and approve annual appropriations and grants-in-aid via the legislative process.

For the foregoing reasons, I am returning Senate Bill No. 3102 without my approval.


Gov. Msg. No. 1338, transmitting his statement of objections to S.B. No. 2077, SD 1, HD 2, CD 2, as follows:


STATEMENT OF OBJECTIONS TO SENATE BILL NO. 2077


Pursuant to Section 16 of Article III of the Constitution of the State of Hawai‘i, I am returning herewith, without my approval, Senate Bill No. 2077, entitled "A Bill for an Act Relating to Separation Benefits."1

On July 8, 2016, the Employees' Retirement System (ERS) informed me that its tax counsel advised that the bill jeopardizes ERS's 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. See Attachment A (Memo from ERS Executive Director Thomas Williams to Director of Budget and Finance Wesley Machida). Under the Internal Revenue Code sections governing the state ERS plan, this is an impermissible election and threatens the plan's tax-exempt status. I will neither approve this bill nor let it become law when the offering of benefit choices included in the bill poses this threat.

The bill also allows employees separated from service to claim a lump-sum cash severance payment but does not appropriate funds to make the payments. The bill appears to assume that the severance payments will be made out of the Maui Region's payroll appropriation for fiscal year 2016-2017. However, under Section 16.2 of Act 124, Session Laws of Hawaii 2016, if the three HHSC Maui Region facilities are closed and leased to the Maui Health System, a Kaiser Foundation Hospitals LLC (Kaiser), all of the appropriations for the Maui Region in Act 124, except those necessary to wind down the operations of the Maui Region hospitals, are to 1 The stated purpose of this bill is to assist public employees displaced through the privatization or closure of a Hawaii Health Systems Corporation (HHSC) facility. The bill adds a chapter to the Hawaii Revised Statutes that establishes a new benefit program specifically for state employees included in a collective bargaining unit under Chapter 89, Hawaii Revised Statutes, whose positions are abolished or who are adversely affected by a reduction-in-force or a workforce restructuring plan because of the closure of three HHSC Maui Region facilities that are slated to be closed under Act 103, Session Laws of Hawaii 2015. Employees may choose between continuing state employment by exercising reduction-in-force rights, or leaving state service and receiving a severance payment equal to five per cent of the employee's then current annual base salary for every year worked up to ten years, when the facilities are closed. Some employees may also choose between receiving the severance payment or retiring without penalties, under age and length of service thresholds significantly lower than the thresholds prescribed in Chapter 88, Hawaii Revised Statutes, the Employees' Retirement System law. The bill also allows the employees to receive contributions from the State toward their health benefit plan premiums as retirees, with fewer years of service than presently specified in Chapter 87A, Hawaii Revised Statutes, the Employer-Union Health Benefits Trust Fund (EUTF) law.


be disbursed to Kaiser. There is no fiscal year 2016-2017 payroll appropriation for the Maui Region.

In addition to the legal defects above, the bill's calculated fiscal impact is substantial. If all of the employees entitled to claim the lump-sum cash severance payment did so, the cost could be as much as $32 million. The early retirement benefit has been determined by the ERS Actuary (using the 2015 valuation data) to cost an additional $17.2 million.2 The State would also have to pay $18.4 million in estimated enhanced health benefits to the EUTF for retirees. The total cost of all benefits provided under this bill is thus estimated to exceed $60 million, excluding the fringe benefit assessment on the severance benefit.

Despite these grave reservations concerning the bill, I acknowledge the Legislature's and my own responsibility to temper the adverse effect of layoffs resulting from the passage of Act 103, Session Laws of Hawaii 2015 (Act 103). In taking steps to provide more cost-effective and better overall healthcare at the Maui Region facilities in the future, we should recognize the employees who served these facilities over the past decades and who will now be separating from public service. The attached proposed amended bill addresses the concerns stated herein. See Attachment B. It eliminates the offering of benefit choices. It instead provides for a negotiated separation benefit to all affected employees upon leaving state employment. It creates a one-time opportunity for employees who separate early to purchase the service credit they could have earned through June 30, 2017, and provides an appropriation of general funds in the amount of $25 million.

To minimize future demands for separation benefits, the benefits this bill confers on HHSC employees are not codified and included as a statutory chapter of the Hawaii Revised Statutes, but provided instead, by means of a session law that will be repealed after Act 103 has been fully implemented. This emphasizes that these benefits have been fashioned for the unique circumstances presented in Act 103. While I agree that most lay-offs have adverse effects, I am not convinced that every lay-off under the civil service laws and collective bargaining contracts requires, or warrants the provision of severance, or retirement and health plan benefits for the employees who are laid off. Because lay-offs constitute a condition of work, and benefits to temper their adverse effects are provided in the form of compensation or benefits, relying on collective bargaining and cost-items, rather than a statutory formula to devise benefits to counter a lay-offs adverse effects could be more appropriate and cost-effective. It would allow room for the executive and the legislative branches in the future to consider the programmatic, socio-economic, geographic and fiscal context of each layoff and propose alternatives for tempering its particular expected effects at the proper time.

In closing, regarding the transition up to now, I understand only 191 out of 1,233 employees exercised reduction-in-force (RIF) rights during the HHSC-initiated RIF process in February of this year. I also understand that by the middle of May of this year, Kaiser had offered jobs to 1,538 HHSC Maui Region civil service and exempt employees, irrespective of whether they were included in a collective bargaining unit or worked for the State for less than a year, and more than 95 percent of the employees had accepted Kaiser's offer of employment. I also understand that Kaiser will pay most employees, salaries or wages equal to what the employees are presently paid by HHSC. This suggests to me that a substantial number if not majority of HHSC's Maui Region employees might not have to face the economic hardships to the degree that prompted the Legislature to consider and pass the current bill.

For the foregoing reasons, I am returning Senate Bill No. 2077 without my approval.


2 The State's employer contribution cost for the retirement benefits for these employees for this fiscal year for the projected 26 year funding period would total $179 million over a 26-year period. I believe the $17.2 million needed to provide the special retirement benefit the bill undercuts the concerted effort the Legislature made in 2011 when it enacted Section 88-99, Hawaii Revised Statutes, which placed a moratorium on enhanced benefits to reduce the ERS' unfunded liability.



At this time, the Chair stated: "Members, message number 1338 will be deferred one legislative day." Gov. Msg. No. 1338 and S.B. No. 2077, SD 1, HD 2, CD 2: By unanimous consent, action was deferred one legislative day.

DEPARTMENTAL COMMUNICATIONS The following departmental communications (Dept. Com. Nos. 344, 345 and 347 through 354) were received by the Clerk and were placed on file: Dept. Com. No. 344, from the Department of Education, dated April 25, 2016, transmitting the DOE Multi-Track Transition Study, pursuant to Act 116, SLH 2015. Dept. Com. No. 345, from the University of Hawaii System, dated May 3, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 347, from the University of Hawaii System, dated May 10, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 348, from the Office of the Auditor, dated May 12, 2016, transmitting Report No. 16-05, New HTA Management Continues to Improve Plans, Contract Oversight, and Reporting: Follow-Up on Recommendations Made in Report No. 13-09, Audit of Major Contracts and Agreements of the Hawaii Tourism Authority, pursuant to Section 23-9, HRS. Dept. Com. No. 349, from the Office of the Auditor, dated May 16, 2016, transmitting Report No. 16-06, Follow-Up on Recommendations Made in Report No. 13-01, Management Audit of the Department of Agriculture's Measurement Standard Branch, pursuant to Section 23-9, HRS. Dept. Com. No. 350, from the University of Hawaii System, dated May 17, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 351, from the Department of Human Services, dated May 17, 2016, transmitting the Annual Report of the Department of Human Services on the Temporary Assistance for Needy Families (TANF) and Temporary Assistance for Other Needy Families (TANOF) programs, pursuant to Section 346-51.5, HRS. Dept. Com. No. 352, from the University of Hawaii System, dated May 24, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 353, from the University of Hawaii System, dated May 31, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 354, from the University of Hawaii System, dated June 7, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015.

ANNOUNCEMENTS Representative LoPresti: "Thank you, Mr. Speaker. Today is a very special day, Mr. Speaker. I'd like to announce that today with Governor Ige's vetoing of HB 1739, which is meant to protect workers' rights, that today, July 12, 2016, the day after that veto, and everyday hereafter in Hawaii, is statewide spy on your employee day. Congratulations." Speaker Souki: "Members, I would like to take a moment of reflection for the officers killed in last week's Dallas sniper attack. This is an important reminder of the risks and sacrifices our law enforcement officers


make in times of need. Please take a moment to remember those officers and their families, and pray for their healing so that we can come together as a community and nation. So Members, can we all stand for a moment of silence for the officers that died." At this time, the Members of the House of Representatives stood for a moment of silence in honor of the victims of the July 7, 2016 Dallas police officer shootings.

OPEN JOURNAL At this time, Representative Evans moved to keep the Journal open until 12:00 o'clock midnight this legislative day for the purpose of receiving Senate communications, seconded by Representative Pouha and carried. (Representatives DeCoite, Ing, Ohno, Oshiro, Say and Ward were excused.)

RECESS At 12:02 o'clock p.m., on motion by Representative Evans, seconded by Representative Pouha and carried, the House of Representatives stood in recess until 11:00 o'clock a.m. Monday, July 18, 2016. (Representatives DeCoite, Ing, Ohno, Oshiro, Say and Ward were excused.)

SUPPLEMENTAL CALENDAR #1

SENATE COMMUNICATIONS The following communication from the Senate (Sen. Com. No. 1) was received by the Clerk: Sen. Com. No. 1, transmitting H.C.R. No. 1, entitled: "HOUSE CONCURRENT RESOLUTION RELATING TO RECESS DAYS FOR THE SECOND SPECIAL SESSION OF 2016," which was adopted by the Senate on July 12, 2016.

ADJOURNMENT At 12:00 o'clock midnight, the House of Representatives adjourned until 11:00 o'clock a.m. Monday, July 18, 2016.

1 8 2 0 1 6 HOUSE J OURN AL – SECOND SPECI AL SES SIO N – 2 ND DA Y

SECOND DAY

Monday, July 18, 2016

The House of Representatives of the Twenty-Eighth Legislature of the State of Hawaii, Second Special Session of 2016, convened at 11:08

o'clock a.m., with Vice Speaker Mizuno presiding.

The invocation was delivered by Mr. Jared Green, President and CEO of

Transitional Coaching & Development Institute of Hawaii, Inc., after

which the Roll was called showing all Members present with the exception of Representatives Har, Ing, Lowen, Morikawa, Ward and Yamane, who

were excused.

By unanimous consent, reading and approval of the Journal of the House

of Representatives of the First Day was deferred.

GOVERNOR'S MESSAGES

The following messages from the Governor (Gov. Msg. Nos. 1339

through 1372) were received and announced by the Clerk and were placed

on file:

Gov. Msg. No. 1339, informing the House that on July 11, 2016, the

following bill was signed into law:

H.B. No. 2707, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO MEDICAL MARIJUANA." (ACT 230)

Gov. Msg. No. 1340, dated July 11, 2016, informing the House that on July 11, 2016, pursuant to Section 16 of Article III of the State

Constitution, the following bill became law without his signature, stating:

"Dear President Kouchi, Speaker Souki, and Members of the Legislature:

Re: HB2561 HD1 SD1 CD1

HB2561 HD1 SD1 CD1, entitled "A BILL FOR AN ACT RELATING

TO THE ADMINISTRATION OF JUSTICE" will become law without my signature, pursuant to Section 16 of Article III of the State

Constitution.

The purpose of this bill is to enact the recommendations of the Penal

Code Review Committee convened pursuant to HCR155 SD1, Regular

Session 2015.

This bill raises some concern because of the amendments proposed in

part V of the bill, sections 37 to 39, which increase the threshold dollar amounts for the offenses of Theft in the Second Degree, Theft in the Third

Degree, and Theft in the Fourth Degree and part VIII of the bill, sections

52 to 56, eliminate mandatory sentencing provisions for the methamphetamine trafficking offenses. While the majority of the Penal

Code Review Committee did support these proposals, there was

nonetheless strong opposition to these from some of the members of the Committee.

Additionally concerning is section 70 of the bill, which attempts to mandate the retroactive application of the new methamphetamine

distribution and possession offenses and sentences to offenders who

committed the offenses before the effective date of the Act. These

retroactive provision were not proposed by the Penal Code Review

Committee, but rather were inserted into the bill after one of the legislative

committee hearings.

For the foregoing reasons, HB2561 HD1 SD1 CD1 will become law as

ACT 231 (16), Session Laws of Hawaii 2016, effective July 11, 2016, without my signature.

Sincerely, /s/ David Y. Ige

DAVID Y. IGE

Governor, State of Hawaii"

Gov. Msg. No. 1341, dated July 11, 2016, informing the House that on

July 11, 2016, pursuant to Section 16 of Article III of the State



Re: HB2604 HD1 SD1 CD1

HB2604 HD1 SD1 CD1, entitled "A BILL FOR AN ACT RELATING TO THE ACQUISITION OF REAL PROPERTY" will become law

without my signature, pursuant to Section 16 of Article III of the State

Constitution.

The purpose of this bill is to resolve the disputed ownership of certain

roads in the Kakaako Community Development District. This bill will amend Section 171-30, Hawaii Revised Statutes (HRS) to clarify that

dedication of land by a private owner is sufficient to convey title to the

state. Queen Street was dedicated to the territory in 1905 and the territorial legislature accepted the dedication but there is no deed or other document

that contains an accurate description of exactly what was dedicated.

There is concern that these changes will bring inconsistencies with other

provisions of Chapter 171, HRS, which excludes lands being used as roads

and streets from the definition of public lands under the jurisdiction of the Board of Land and Natural Resources (Board). The Board has no road

maintenance crews or equipment as there are no roads currently under the

Boards jurisdiction. Ultimately, the Board might have to close these roads to the public and determine whether a disposition of the land would be

suitable, such as for an easement or lease to private entities who could operate them and be responsible for the maintenance.

Finally, it could be argued that this bill becoming law would imply that Queen Street is not already a government road and compensation would be

owed. As it stands now, the Attorney General believes it is clear that

Queen Street is a city street pursuant to section 264-1, HRS.

For the foregoing reasons, HB2604 HD1 SD1 CD1 will become law as



DAVID Y. IGE


Gov. Msg. No. 1342, dated July 11, 2016, informing the House that on

July 11, 2016, pursuant to Section 16 of Article III of the State Constitution, the following bill became law without his signature, stating:


Re: SB2542 SD2 HD1 CD1

SB2542 SD2 HD1 CD1, entitled "A BILL FOR AN ACT RELATING

TO REPAIR AND MAINTENANCE" will become law without my

signature, pursuant to Section 16 of Article III of the State Constitution.

The purpose of this bill is to require the Judiciary and all state executive

agencies that manage a state-owned building, facility, or other

improvement to submit to the legislature an annual report on the funds and

positions deemed necessary by the agency to perform routine repair and

maintenance.

The Department of Education (DOE) maintains 256 schools with

multiple buildings at each school. The University of Hawai‘i System (UOH) manages multiple buildings on ten campuses throughout the State

including Mānoa, Hilo, West O‘ahu, John A. Burns School of Medicine,

and community colleges. The Department of Accounting and General Services manages 152 buildings statewide and located on each island.

Although I agree that this bill is intended to support all branches of

government in documenting the financial resources needed to maintain state facilities, there was no appropriation provided to begin to capture and

maintain this data. Thus, the executive and judicial branches, along with

2 0 1 6 HOUSE J OURN AL – SECOND SPECI AL SES SIO N – 2 ND DA Y 1 9

DOE and UOH will need to re-allocate funds from existing programs in

order to fund the creation of the data collection system and maintain it on an annual basis.

For the foregoing reasons, SB2542 SD2 HD1 CD1 will become law as ACT 233 (16), Session Laws of Hawaii 2016, effective July 11, 2016,

without my signature.

Sincerely,

/s/ David Y. Ige

DAVID Y. IGE Governor, State of Hawaii"

Gov. Msg. No. 1343, dated July 11, 2016, informing the House that on July 11, 2016, pursuant to Section 16 of Article III of the State



Re: SB2559 SD1 HD1 CD1

SB2559 SD1 HD1 CD1, entitled "A BILL FOR AN ACT RELATING

TO HOMELESSNESS" will become law without my signature, pursuant

to Section 16 of Article III of the State Constitution.

Though the bill seeks to make shelters more appealing and responsive to the needs of homeless families and individuals, it may prove difficult to

implement.

The Department of Human Services does not currently have the

expertise or capacity to determine minimum health and safety standards

laid out in the bill.

Given these limitations, it is difficult for the Department to determine

how much it will cost for providers to become compliant. These yet-to-be-determined costs to become and stay compliant put stress and uncertainty

on the providers. Additionally, there is no guarantee that the minimum provisions will actually result in a lower vacancy rate among homeless

shelters.

Finally, the cost of the financial audits required of the providers will

likely come out of homeless programs contract funds, thereby reducing the

funds available for direct assistance to the population the providers serve.

For the foregoing reasons, SB2559 SD1 HD1 CD1 will become law as



DAVID Y. IGE




H.B. No. 1702, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT

RELATING TO TAXATION." (ACT 235)




RELATING TO INSURANCE." (ACT 236)



S.B. No. 2731, SD 1, HD 1, CD 1, entitled: "A BILL FOR AN ACT

RELATING TO SCHOOLS." (ACT 237)



H.B. No. 1541, HD 1, SD 1, entitled: "A BILL FOR AN ACT

RELATING TO PLANNED COMMUNITY ASSOCIATIONS." (ACT 238)


S.B. No. 2583, HD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO COMPOSTING TOILETS." (ACT 239)


H.B. No. 1852, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO WATER POLLUTION." (ACT 240)



RELATING TO GOVERNMENT PROCESSES AND SERVICES."

(ACT 241)




RELATING TO MEDICINES." (ACT 242)



H.B. No. 1050, SD 2, CD 1, entitled: "A BILL FOR AN ACT

RELATING TO INTERISLAND MOVEMENT OF INVASIVE SPECIES." (ACT 243)



RELATING TO ENVIRONMENTAL PROTECTION." (ACT 244)


H.B. No. 1527, HD 1, SD 1, CD 1, entitled: "A BILL FOR AN ACT RELATING TO TAXATION." (ACT 245)


H.B. No. 2008, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO PUBLIC EMPLOYMENT." (ACT 246)


H.B. No. 2156, HD 2, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO CAMPAIGN FINANCE." (ACT 247)


H.B. No. 2030, HD 1, SD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO POLLUTION." (ACT 248)


H.B. No. 2681, HD 2, SD 1, entitled: "A BILL FOR AN ACT RELATING TO THE ISSUANCE OF SPECIAL PURPOSE

REVENUE BONDS FOR WAILUKU RESERVOIR #6." (ACT 249)

2 0 2 0 1 6 HOUSE J OURN AL – SECOND SPECI AL SES SIO N – 2 ND DA Y




RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR KALOKO RESERVOIR." (ACT 250)


H.B. No. 2319, HD 1, SD 1, entitled: "A BILL FOR AN ACT RELATING TO MONEY TRANSMITTERS." (ACT 251)


H.B. No. 2198, HD 2, SD 1, entitled: "A BILL FOR AN ACT RELATING TO THE ISSUANCE OF SPECIAL PURPOSE

REVENUE BONDS FOR UKUMEHAME RESERVOIRS."

(ACT 252)




RELATING TO PROCUREMENT." (ACT 253)




RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR KEHALANI OFFSITE RETENTION

BASIN." (ACT 254)



H.B. No. 1982, SD 1, entitled: "A BILL FOR AN ACT RELATING TO

THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST BIG ISLAND DAIRY, LLC." (ACT 255)


H.B. No. 1736, HD 1, SD 2, entitled: "A BILL FOR AN ACT RELATING TO THE KONA INTERNATIONAL AIRPORT."

(ACT 256)




RELATING TO THE ENDANGERED SPECIES RECOVERY

COMMITTEE." (ACT 257)








RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST BIOENERGY HAWAII, LLC." (ACT 259)


S.B. No. 2408, SD 1, HD 2, CD 1, entitled: "A BILL FOR AN ACT RELATING TO PARTITION OF HEIRS PROPERTY." (ACT 260)








RELATING TO CONCUSSIONS." (ACT 262)




RELATING TO DIVORCE." (ACT 263)

DEPARTMENTAL COMMUNICATIONS

The following departmental communications (Dept. Com. Nos. 355

through 359) were received by the Clerk and were placed on file:

Dept. Com. No. 355, from the University of Hawaii System, dated June

14, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015.

Dept. Com. No. 356, from the University of Hawaii System, dated June 20, 2016, transmitting a Report on Filling of Temporary Unbudgeted

Positions, pursuant to Act 119, Section 128, SLH 2015.

Dept. Com. No. 357, from the University of Hawaii System, dated June

29, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015.

Dept. Com. No. 358, from the University of Hawaii System, dated July 5, 2016, transmitting a Report on Filling of Temporary Unbudgeted


Dept. Com. No. 359, from the University of Hawaii System, dated July

12, 2016, transmitting a Report on Filling of Temporary Unbudgeted


INTRODUCTIONS

The following introductions were made to the Members of the House:

Representative Belatti introduced Mr. Jared Green, President and CEO

of Transitional Coaching & Development Institute of Hawaii, Inc.; his

wife, Niki Green; and children, Jacob, Reilly, Kayleigh and Rachel.

Representative Brower introduced visitors from the Waikiki Community

Center: Marsha Rose Joyner, TJ Davies, Yoshie Tanabe, Delores Glover, Ken Akinaka, Netty Hax, Michelle Foyt, Lorraine Akana, Barbara Service

and Derek Tamura.

At this time, the Chair stated:

"Members, we are going to be taking an item out of place. Item number

six, Members, introduction of resolutions."

ORDER OF THE DAY

INTRODUCTION OF RESOLUTIONS

The following concurrent resolution (H.C.R. No. 2) was announced by the Clerk and the following action taken:

H.C.R. No. 2, entitled: "HOUSE CONCURRENT RESOLUTION RELATING TO ADDITIONAL RECESS DAYS FOR THE SECOND

2 0 1 6 HOUSE J OURN AL – SECOND SPECI AL SES SIO N – 2 ND DA Y 2 1

SPECIAL SESSION OF 2016," was jointly offered by Representatives

Souki and Mizuno.

On motion by Representative Saiki, seconded by Representative Evans

and carried, H.C.R. No. 2 was adopted, with Representatives Har, Ing, Lowen, Morikawa, Ward and Yamane being excused.


"Members, we're going to recess but we're going to come back at 1:30.

Recess, coming back, reconvening at 1:30."

At 11:17 o'clock a.m., the Chair declared a recess subject to the call of the Chair.

The House of Representatives reconvened at 1:43 o'clock p.m., with Speaker Souki presiding.

UNFINISHED BUSINESS


"Members, we're on unfinished business, we're going to be deferring one

legislative day."

Gov. Msg. No. 1338 and S.B. No. 2077, SD 1, HD 2, CD 2:

By unanimous consent, action was deferred one legislative day.

ANNOUNCEMENTS

Speaker Souki: "I would like all the Members to rise for a moment of

silence for the former Mayor and Speaker of the House, Elmer Cravalho. Please rise in a moment of silence. That's the Mayor of Maui County."

At this time, the Members of the House of Representatives stood for a moment of silence in honor of the late Elmer Cravalho, former Speaker of

the House, former Mayor of Maui.

OPEN JOURNAL

At this time, Representative Evans moved to keep the Journal open until

12:00 o'clock midnight this legislative day for the purpose of receiving

Senate communications, seconded by Representative Pouha and carried. (Representatives Har, Ing, Lowen, McKelvey, Mizuno, Morikawa, Oshiro,

Say, Tokioka, Ward and Yamane were excused.)

RECESS

At 1:45 o'clock p.m., on motion by Representative Evans, seconded by

Representative Pouha and carried, the House of Representatives stood in

recess until 11:00 o'clock a.m. Wednesday, July 20, 2016. (Representatives Har, Ing, Lowen, McKelvey, Mizuno, Morikawa, Oshiro,

Say, Tokioka, Ward and Yamane were excused.)

SUPPLEMENTAL CALENDAR #1

SENATE COMMUNICATIONS

The following communication from the Senate (Sen. Com. No. 2) was received by the Clerk:

Sen. Com. No. 2, transmitting H.C.R. No. 2, entitled: "HOUSE CONCURRENT RESOLUTION RELATING TO ADDITIONAL

RECESS DAYS FOR THE SECOND SPECIAL SESSION OF 2016,"

which was adopted by the Senate on July 18, 2016.

ADJOURNMENT

At 12:00 o'clock midnight, the House of Representatives adjourned until

11:00 o'clock a.m. Wednesday, July 20, 2016.

2 2 2 0 1 6 HOUSE J OURN AL – SECOND SPECI AL SES SIO N – 3 RD DA Y

THIRD DAY

Wednesday, July 20, 2016

The House of Representatives of the Twenty-Eighth Legislature of the State of Hawaii, Second Special Session of 2016, convened at 11:06

o'clock a.m., with Speaker Souki presiding.

The invocation was delivered by Ms. Lillian Huang, a Chinese exchange

student currently interning with Representative Cindy Evans, after which

the Roll was called showing all Members present with the exception of Representatives Har, Kong, Tokioka, Ward and Yamane, who were

excused.

By unanimous consent, reading and approval of the Journal of the House

of Representatives of the Second Day was deferred.

INTRODUCTIONS

The following introductions were made to the Members of the House:

Representative McKelvey introduced friends and visitors from Maui: Mrs. Shay Chan Hodges, and her husband, Mr. Ian Chan Hodges.

Representative Ito introduced visitors from Hanoi, Vietnam: Dr. Lam Dinh Tran, his wife Mrs. Quynh Vo, and their niece Ton Nu Thanh Tra.

Representative Tupola introduced Tiffany Gourley, House Minority

Research Office Staff.

Representative Rhoads introduced Ms. Michele Kurihara-Klein,

Legislative Officer, HGEA.

Representative Say introduced a visitor from China: Alan Guo.

Representative LoPresti introduced his constituent, Mr. Jason Bradshaw, COPE Director, Hawaii AFL-CIO.

Representative Evans introduced former Representative Karen Awana, and interns in her office: Lillian, Ann and Victoria.

At 11:15 o'clock a.m., the Chair declared a recess subject to the call of the Chair.

The House of Representatives reconvened at 11:56 o'clock a.m.


"Members, we are going to extend this recess until 2:00 p.m. Please be

back here at 2:00 p.m."

At 11:57 o'clock a.m., the Chair declared a recess subject to the call of

the Chair.

The House of Representatives reconvened at 2:05 o'clock p.m.

At 2:06 o'clock p.m., the Chair declared a recess subject to the call of the

Chair.


ORDER OF THE DAY

UNFINISHED BUSINESS

Gov. Msg. No. 1338 and S.B. No. 2077, SD 1, HD 2, CD 2:

Representative Saiki moved to override the veto of S.B. No. 2077, SD 1,

HD 2, CD 2, as contained in Gov. Msg. No. 1338, seconded by

Representative Evans.

Representative Saiki rose in support of the override and asked that his

written remarks be inserted in the Journal, and the Chair "so ordered."

Representative Saiki's written remarks are as follows:

"Mr. Speaker, I support the motion to override because the Legislature

has given the Governor ample opportunity to specify his concerns with

SB 2077. Unfortunately, the concerns were not timely raised. At this point, the Legislature has the option to override or do nothing. The latter is not

feasible because it will further delay the transfer of the Maui facilities to a

new private entity, further jeopardizing the conversion that was authorized (in Act 103 SLH 2015) and upheld by the Hawaii Supreme Court.

"In the future, I hope that the Governor's Administration will more clearly and directly communicate its concerns relating to proposed

legislation. By doing so, all affected parties will have an opportunity to resolve or mitigate them. Act 103 represents the largest and most complex

privatization project in the State's modern history, and the mechanics and

equities of transferring workers is an issue that should have been contemplated and steadied at an earlier time.

"Thank you."

At 2:13 o'clock p.m., the Chair declared a recess subject to the call of the

Chair.


Representative Jordan rose in support of the override with reservations

and asked that her written remarks be inserted in the Journal, and the Chair "so ordered."

Representative Jordan's written remarks are as follows:

"I stand with reservations on the veto override of SB 2077, SD 1, HD 2,

CD 2.

"First and foremost, we should all recognize the employees who have

served these facilities over the past decades and who will now be separating from public service.

"There currently is no funding within this measure or through the state budget for fiscal year 2016-2017 payroll appropriation for the Maui

Region hospitals to cover potential payments. Based on the provisions of

this measure, the cost could be significant as all affected employees would qualify (in the case of the Hawaii Health Systems Corporation's Maui

Region Health Systems transitioning to Maui Health Systems) for the

severance benefit or special retirement benefit. The provisions of the bill appear to be an overly broad approach to address a situation where only a

limited number of the estimated 1,400-plus affected employees may

qualify for. So funding is critical to execute this measure.

"A second concern is that previous RIFs were implemented without

offering employees severance packages or retirement benefit enhancements, how is this fair to those who have already made a choice

prior. The provisions of this bill could establish a bad precedent for

separation benefits for any future RIF within the State system. The cost of paying for severance benefits or special retirement benefits nullifies the

intent of a RIF process. While a voluntary severance package would only

be a one-time cost to the system, retirement benefit enhancements have a

2 0 1 6 HOUSE J OURN AL – SECOND SPECI AL SES SIO N – 3 RD DA Y 2 3

long-term cost to the State and result in a higher unfunded actuarial

accrued liability (UAAL) for the Employees' Retirement System (ERS).

"Finally the potential offering of benefit choices included in this

measure could pose a threat to the ERS's tax-exempt qualified status under the Internal Revenue Code."

Representative Say rose in opposition to the override and asked that his written remarks be inserted in the Journal, and the Chair "so ordered."

Representative Say's written remarks are as follows:

"Mr. Speaker, I rise in opposition to the veto override of SB 2077, SD 1,

HD 2, CD 2.

"Let me begin by saying, throughout the past two years I have always

supported the working men and women of the Maui Regional Hospital's transition from the State to the private hospital operations of Kaiser. I am

committed to what is best for the employees and the health and well-being

of Maui's residents and visitors. I am committed to a successful transfer and transition to a new Maui healthcare system for all stakeholders.

"There are three major concerns and issues which bother me about the override. First, SB 2077, SD 1, HD 2, CD 2 will add an additional

unfunded liability of about $17.2 million to the ERS and $18.4 million to

the Employee Union Benefits Trust Fund (EUTF). These provisions will put the State's long term financial position along with its bond ratings in

jeopardy. Bond ratings determine what the State pays on interest on borrowed funds. Second, the bill 'DOES NOT' appropriate funds for lump-

sum cash payments for affected employees in the transition. Third, the bill

'WILL' jeopardize the Employees Retirement System's tax exempt status, which the attorney general and Kaiser's legal counsel agrees upon.

"On a supplemental note, this bill will create another class of employees who received benefits from either the cash payment, the ERS contribution,

or the EUTF. Does it set a precedence? Only the future legislators and the

executive branch will know. So with the above reasons, I object and vote 'NO' on the override. Mahalo."

At this time the Chair called for a roll call vote and the motion to override the veto of S.B. No. 2077, SD 1, HD 2, CD 2, entitled: "A BILL

FOR AN ACT RELATING TO SEPARATION BENEFITS," as contained

in Gov. Msg. No. 1338, was put to vote by the Chair and carried, and was approved by the required two-thirds vote of the House pursuant to Section

17 of Article III of the Constitution of the State of Hawaii on the following

show of Ayes and Noes:

Ayes, 43: Aquino, Belatti, Brower, Choy, Creagan, Cullen, DeCoite,

Evans, Fukumoto Chang, Hashem, Ichiyama, Ing, Ito, Johanson, Jordan, Kawakami, Keohokalole, Kobayashi, Lee, LoPresti, Lowen, Luke,

Matsumoto, McDermott, McKelvey, Mizuno, Morikawa, Nakashima,

Nishimoto, Ohno, Onishi, Oshiro, Pouha, Rhoads, Saiki, San Buenaventura, Souki, Takayama, Takumi, Tsuji, Tupola, Woodson

and Yamashita.

Noes, 3: Cachola, Say and Thielen.

Excused, 5: Har, Kong, Tokioka, Ward and Yamane.

At 2:17 o'clock p.m., the Chair noted that the motion to override the veto

had carried, and S.B. No. 2077, SD 1, HD 2, CD 2, as contained in Gov. Msg. No. 1338, was approved.

INTRODUCTION OF RESOLUTIONS

The following resolutions (H.R. Nos. 1 through 3) were announced by the Clerk and the following action taken:

H.R. No. 1, entitled: "HOUSE RESOLUTION AUTHORIZING THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO APPROVE

THE JOURNAL OF THIS HOUSE OF ANY LEGISLATIVE DAY

BEING COMPILED AS OF THE 3RD LEGISLATIVE DAY," was

jointly offered by Representatives Saiki and Fukumoto Chang.

On motion by Representative Saiki, seconded by Representative

Fukumoto Chang and carried, H.R. No. 1 was adopted, with Representatives Har, Kong, Tokioka, Ward and Yamane being excused.

H.R. No. 2, entitled: "HOUSE RESOLUTION AUTHORIZING AND DIRECTING THE COMMITTEE ON THE JOURNAL TO COMPILE

AND PRINT THE JOURNAL OF THE HOUSE OF

REPRESENTATIVES, SECOND SPECIAL SESSION OF 2016, PURSUANT TO RULE 18 OF THE RULES OF THE HOUSE OF

REPRESENTATIVES," was jointly offered by Representatives Saiki and

Fukumoto Chang.



H.R. No. 3, entitled: "HOUSE RESOLUTION INFORMING THE SENATE AND THE GOVERNOR THAT THE HOUSE OF

REPRESENTATIVES IS READY TO ADJOURN SINE DIE," was

jointly offered by Representatives Souki and Mizuno.



ANNOUNCEMENTS

Speaker Souki: "We have one to say that I'm sorry to see that he is

leaving us, Representative Rhoads, would you please get up maybe and

say your alohas to us over here."

Representative Rhoads: "Thank you Mr. Speaker. I don't want to ruin

my record of not going over the five minutes. I must admit I was a little tempted to go on for like 20 minutes just to throw everybody off, do

something out of character, do something different, but I won't afflict you

with that. Mainly I just want to say it was an honor and a privilege to serve with all of you. To be one of only 51 people in the entire State of Hawaii

that represents a district and all the interests of all the people in the whole

state, and to be on the floor every day and in committees and in caucus. I'm going to miss all of you, I'm going to miss caucus, I'm going to miss the

process. Even if I'm lucky enough to move over to the other side of the

building, my guess is the House is different, and it's special.

"Most of us when we first ran for office were complete unknowns. We

generally had to work our butts off to be here, knock on doors endlessly. And probably most of us wondered whether we were really going to make

it or not because before we were Members of the House, we were

neighborhood board members or maybe never been elected to anything but high school junior class vice president or something. Oh, that would be

me, I was elected junior class vice president, and that was an election I lost

the next year for senior president. I learned a lot from that race, actually, but losing can be very useful, but I hope not to repeat that in the near

future.

"There is a special camaraderie, I think, amongst politicians who know

what it's like to be in the crosshairs all the time, and you see it especially in

the caucus room. I'll miss that. I'll miss the banter. I'll miss the interactions between people who are at the top of their game politically, and that's why

you're here. If you weren't the best politician, the best leaders in the State,

you wouldn't be here. Just as an observer, it's very interesting to see the interactions between all of you.

"I just want to say thanks to my constituents. And of course, I had a couple different districts, because I survived a redistricting. For a haole

boy from Indiana to ever imagine that he would represent Kalihi, Palama,

Iwilei and Chinatown, if you told me that in high school I would have looked at you funny, like, where's Hawaii and where is Kalihi and what

does that mean? But I am very grateful to my voters for giving me a fair

2 4 2 0 1 6 HOUSE J OURN AL – SECOND SPECI AL SES SIO N – 3 RD DA Y

shake and supporting me even though there was no, even though my roots

in the neighborhood weren't nearly as deep as others.

"So, it was an honor and a privilege. I can't believe it's already over, but

it was an honor and a privilege. And even those of you who have been here for a long time, I hope you'll never forget that not everybody gets to do

what we get to do. Mahalo."

Speaker Souki: "Representative Rhoads, it was an honor. On behalf of

the House, it was an honor to have you as our chairman and as a Member

all these years. Thank you very much."

Representative Saiki: "Mr. Speaker, I'd like to request a moment of silence on the passing of our friend and colleague, Congressman Mark

Takai. I would ask that the Members in particular keep in mind his spouse,

Sami, and his children, Matthew and Kaila."

Speaker Souki: "Members, say a little prayer for him, too."

At this time, the Members of the House of Representatives stood for a

moment of silence in honor of the late Congressman Mark Takai.

Speaker Souki: "Thank you very much, Members. On behalf of the

Speaker, I just want to say thank you all for being so patient in these last few days and being here with us. I hope you all good luck on your

elections as you go home and wish you the best, and my best alohas to all of you."

ADJOURNMENT

Representative Saiki moved that the House of Representatives of the Twenty-Eighth Legislature of the State of Hawaii, Second Special Session

of 2016, adjourn Sine Die, seconded by Representative Fukumoto Chang.

The motion was put to vote by the Chair and carried, and at 2:25 o'clock

p.m., the Speaker rapped his gavel and declared the House of

Representatives of the State of Hawaii, Second Special Session of 2016, adjourned Sine Die. (Representatives Har, Kong, Tokioka, Ward and

Yamane were excused.)

HOUSE COMMUNICATIONS

House Communication dated July 20, 2016, from Brian L. Takeshita,

Chief Clerk of the House of Representatives, to the Honorable President

and Members of the Senate, informing the Senate that the House has reconsidered the following bill heretofore vetoed as set forth in Governor's

Message dated July 11, 2016, and approved said bill by an affirmative vote

of two-thirds of all members of which the House of Representatives of the Twenty-Eighth Legislature of the State of Hawaii is entitled:

S.B. No. 2077, SD 1, HD 2, CD 2

SENATE COMMUNICATIONS

The following communications from the Senate (Sen. Com. Nos. 3 and

4) were received by the Clerk:

Sen. Com. No. 3, transmitting S.R. No. 2, entitled: "SENATE

RESOLUTION INFORMING THE HOUSE AND GOVERNOR THAT THE SENATE IS READY TO ADJOURN SINE DIE," which was

adopted by the Senate on July 20, 2016.

Sen. Com. No. 4, dated July 20, 2016, informing the House that the

Senate has this day overridden the Governor's veto by a two-thirds vote of

all the members to which the Senate is entitled to the following bill:

S.B. No. 2077, SD 1, HD 2, CD 2

OTHER COMMUNICATIONS

A copy of the following communication from the Senate to the Governor

was received:

Senate Communication dated July 28, 2016, transmitting a copy of the

document certifying that on July 20, 2016, pursuant to Sections 16 and 17

of Article III of the Hawaii State Constitution, the Hawaii State Senate and the Hawaii State House of Representatives reconsidered Senate Bill No.

2077, SD 1, HD 2, CD 2, heretofore vetoed as set forth in a Governor's

Message dated July 11, 2016, and approved said bill by an affirmative vote of two-thirds of the members to which each chamber is entitled. A copy of

Senate Bill No. 2077, SD 1, HD 2, CD 2, designated as Act 1 of the 2016

Second Special Session of the State of Hawaii, was enclosed.

2 0 1 6 H O U S E J O U R N A L – S E C O N D S P E C I A L SE S S I ON – D E P A RTM E N T AL C O M M U NI C A T ION S 2 5

DEPARTMENTAL COMMUNICATIONS RECEIVED AFTER THE ADJOURNMENT

OF THE 2016 SECOND SPECIAL SESSION SINE DINE

DEPARTMENTAL COMMUNICATIONS The following departmental communications (Dept. Com. Nos. 363 through 371) were received by the Clerk and were placed on file: Dept. Com. No. 363, from the University of Hawaii System, dated July 19, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 364, from the University of Hawaii System, dated July 26, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 365, from the University of Hawaii System, dated August 3, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 366, from the University of Hawaii System, dated August 9, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 367, from the University of Hawaii System, dated August 16, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 368, from the University of Hawaii System, dated August 23, 2016, transmitting a Report on Filling of Temporary Unbudgeted Positions, pursuant to Act 119, Section 128, SLH 2015. Dept. Com. No. 369, from the Department of Business, Economic Development & Tourism, dated June 3, 2016, transmitting the 2016 Small Business Regulatory Review Board Periodic Review; Evaluation Report, pursuant to Section 201M-7, HRS. Dept. Com. No. 370, from the Office of Enterprise Technology Services, dated August 12, 2016, transmitting the Report on the Health Status of Departments' Information Technology Environment as it Relates to Functionality, Risk and Maturity, pursuant to Act 119, Section 42(1), SLH 2015. Dept. Com. No. 371, from the Department of Business, Economic Development & Tourism, dated August 18, 2016, transmitting the Pacific International Space Center for Exploration Systems (PISCES) FY16 Annual Report, pursuant to Section 201-80, HRS.

NUMBER TITLE

Introduced

First ReadingReferred Second

ReadingThird

Reading

Action of

Senate Conference Committee

Final Reading

Action of Governor

Other Action

Act No.

Vetoed

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H.B. No. 27 RELATING TO ELECTIONS. 3 Act 081

H.B. No. 254 RELATING TO MEDICINES. 19 Act 242

H.B. No. 260 RELATING TO INSURANCE. 19 Act 236

H.B. No. 545 RELATING TO FUNDS. 4 Act 119

H.B. No. 625 RELATING TO FIREARMS. 4 Act 109

H.B. No. 799 RELATING TO THE UNIFORM AERONAUTICS ACT.

4 Act 111

H.B. No. 801 AUTHORIZING THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR SUNSTRONG LLC, A RENEWABLE ENERGY DEVELOPER SERVING THE GENERAL PUBLIC IN PROVIDING ELECTRIC ENERGY.

4 Act 116

H.B. No. 900 RELATING TO MEDICAL ASSISTANCE FRAUD.

3 Act 094

H.B. No. 901 RELATING TO LAW ENFORCEMENT VEHICLES.

4 Act 099

H.B. No. 1011 RELATING TO THE TRAFFIC CODE. 4 Act 100

H.B. No. 1029 RELATING TO THE ENDANGERED SPECIES RECOVERY COMMITTEE.

20 Act 257

H.B. No. 1041 RELATING TO HUNTING. 10 Act 210

H.B. No. 1044 RELATING TO SEXUAL ASSAULT. 8 Act 153

H.B. No. 1046 RELATING TO WRONGFUL IMPRISONMENT.

8 Act 156

H.B. No. 1050 RELATING TO INTERISLAND MOVEMENT OF INVASIVE SPECIES.

19 Act 243

H.B. No. 1055 RELATED TO ELECTIONS. 9 Act 167

H.B. No. 1096 RELATING TO THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT.

8 Act 144

NUMBER TITLE

Introduced


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

2

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27

H.B. No. 1111 RELATING TO RECORDS OF THE HAWAII HEALTH SYSTEMS CORPORATION.

2 Act 073

H.B. No. 1170 RELATING TO LAND RESOURCES. 11 Act 220

H.B. No. 1370 RELATING TO DIVORCE. 5 20

Act 263 5

H.B. No. 1517 RELATING TO SENTENCING. 8 Act 157

H.B. No. 1527 RELATING TO TAXATION. 19 Act 245

H.B. No. 1541 RELATING TO PLANNED COMMUNITY ASSOCIATIONS.

19 Act 238

H.B. No. 1543 RELATING TO STATE BONDS. 3 Act 075

H.B. No. 1561 RELATING TO NUISANCE ABATEMENT. 8 Act 154

H.B. No. 1578 RELATING TO THEFT. 10 Act 199

H.B. No. 1581 RELATING TO JUDICIAL PROCEEDINGS. 1 Act 048

H.B. No. 1585 RELATING TO GUARDIANSHIP. 3 Act 089

H.B. No. 1608 RELATING TO THE UNIVERSITY OF HAWAII.

8 Act 150

H.B. No. 1654 RELATING TO ABSENTEE BALLOTS. 9 Act 168

H.B. No. 1668 RELATING TO THE USE OF A DOG IN JUDICIAL PROCEEDINGS.

9 Act 178

H.B. No. 1669 RELATING TO PUBLIC ACCOUNTANCY. 8 Act 145

H.B. No. 1684 RELATING TO THE NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY.

5 Act 121


H.B. No. 1700 RELATING TO THE STATE BUDGET. 5 Act 124


H.B. No. 1705 RELATING TO MOTOR VEHICLE INSURANCE.

3 Act 082

NUMBER TITLE

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ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

28 2

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H.B. No. 1726 RELATING TO MURDER. 11 Act 214

H.B. No. 1733 RELATING TO USE PERMITS FOR SMALL BOAT FACILITIES.

11 Act 219

H.B. No. 1736 RELATING TO THE KONA INTERNATIONAL AIRPORT.

20 Act 256

H.B. No. 1739 RELATING TO EMPLOYMENT. 5 11

5 11

H.B. No. 1747 RELATING TO MOTOR VEHICLES. 5 12

5 12

H.B. No. 1749 RELATING TO WATER MANAGEMENT. 9 Act 170

H.B. No. 1752 RELATING TO THE OFFICE OF COMMUNITY SERVICES.

10 Act 189

H.B. No. 1753 RELATING TO MOPEDS. 10 Act 200

H.B. No. 1756 RELATING TO NURSING. 4 Act 097

H.B. No. 1807 RELATING TO MILITARY SERVICE. 10 Act 201

H.B. No. 1814 RELATING TO EDUCATION. 8 Act 151

H.B. No. 1850 RELATING TO TAXATION. 5 6

12

5 6

12

H.B. No. 1852 RELATING TO WATER POLLUTION. 19 Act 240

H.B. No. 1853 RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST BIOENERGY HAWAII, LLC.

20 Act 259

H.B. No. 1878 RELATING TO AGING. 7 Act 138

H.B. No. 1894 RELATING TO POST-SECONDARY EDUCATION.

8 Act 143

H.B. No. 1897 RELATING TO INSURANCE COVERAGE OF HEALTH SCREENINGS.

10 Act 204

H.B. No. 1902 RELATING TO SEX TRAFFICKING. 10 Act 206

NUMBER TITLE

Introduced


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

2

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29

H.B. No. 1907 RELATING TO SEXUAL ASSAULT. 10 Act 207

H.B. No. 1943 RELATING TO LONG-TERM CARE FACILITIES.

7 Act 136

H.B. No. 1982 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST BIG ISLAND DAIRY, LLC.

20 Act 255

H.B. No. 1997 RELATING TO AGRICULTURE. 11 Act 229


H.B. No. 2008 RELATING TO PUBLIC EMPLOYMENT. 19 Act 246

H.B. No. 2009 RELATING TO HOISTING MACHINE OPERATORS.

3 Act 074

H.B. No. 2016 RELATING TO PUBLIC EMPLOYEES. 5 6

12

5 6

12

H.B. No. 2017 RELATING TO WORKERS' COMPENSATION TREATMENT PLANS.

4 Act 101

H.B. No. 2018 RELATING TO GOVERNMENT PROCESSES AND SERVICES.

19 Act 241

H.B. No. 2029 RELATING TO WATER INFRASTRUCTURE LOANS.

9 Act 171

H.B. No. 2030 RELATING TO POLLUTION. 19 Act 248

H.B. No. 2033 RELATING TO THE COMMISSION ON WATER RESOURCE MANAGEMENT.

2 Act 054

H.B. No. 2034 MAKING AN APPROPRIATION TO THE KAHO‘OLAWE ISLAND RESERVE COMMISSION.

2 Act 072

H.B. No. 2036 RELATING TO CONSERVATION DISTRICTS.

11 Act 216

H.B. No. 2037 RELATING TO THE WORLD CONSERVATION CONGRESS.

2 Act 062

H.B. No. 2040 RELATING TO WATER SECURITY. 9 Act 172

NUMBER TITLE

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Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

30 2

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H.B. No. 2049 RELATING TO TRANSPORTATION. 10 Act 194

H.B. No. 2059 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR KEHALANI OFFSITE RETENTION BASIN.

20 Act 254

H.B. No. 2060 RELATING TO PROCUREMENT. 20 Act 253

H.B. No. 2077 RELATING TO HYDROELECTRIC POWER. 9 Act 173

H.B. No. 2082 RELATING TO ADOPTION RECORDS. 3 Act 080


H.B. No. 2086 RELATING TO TRANSPORTATION. 10 Act 195

H.B. No. 2090 RELATING TO LAND COURT. 11 Act 215

H.B. No. 2093 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR GOODWILL INDUSTRIES OF HAWAII, INC.

3 Act 095

H.B. No. 2121 RELATING TO LEGAL SERVICES. 4 Act 105

H.B. No. 2156 RELATING TO CAMPAIGN FINANCE. 19 Act 247

H.B. No. 2169 RELATING TO SOCIAL WORKERS. 10 Act 212

H.B. No. 2198 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR UKUMEHAME RESERVOIRS.

20 Act 252

H.B. No. 2204 RELATING TO EDUCATION. 3 Act 087

H.B. No. 2205 RELATING TO CHARTER SCHOOLS. 4 Act 113

H.B. No. 2217 RELATING TO AMENDING OR REPEALING HAWAII REAL PROPERTY TAX LAWS FOR THE PURPOSE OF DELETING OBSOLETE OR UNNECESSARY PROVISIONS.

2 Act 052

NUMBER TITLE

Introduced


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

2

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31

H.B. No. 2218 RELATING TO AMENDING OR REPEALING HAWAII INCOME TAX LAWS FOR THE PURPOSE OF DELETING OBSOLETE OR UNNECESSARY PROVISIONS.

2 Act 053

H.B. No. 2231 RELATING TO ENERGY COOPERATIVES. 4 Act 098

H.B. No. 2233 RELATING TO HEALTH CARE PROFESSIONALS.

4 Act 115

H.B. No. 2247 RELATING TO GOVERNMENTAL TRAVEL.

8 Act 158

H.B. No. 2252 RELATING TO DISCHARGE PLANNING. 2 Act 069

H.B. No. 2267 RELATING TO TECHNOLOGY INSCHOOLS.

4 Act 112

H.B. No. 2277 RELATING TO THE KING KAMEHAMEHA CELEBRATION COMMISSION.

5 6

13

5 6

13

H.B. No. 2279 MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES.

2 Act 063

H.B. No. 2281 RELATING TO SERVICE BY PUBLICATION IN PATERNITY CASES.

3 Act 083

H.B. No. 2293 RELATING TO THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION.

7 Act 131

H.B. No. 2295 RELATING TO THE AEROSPACE ADVISORY COMMITTEE.

3 Act 084

H.B. No. 2305 RELATING TO THE DWELLING UNIT REVOLVING FUND.

7 Act 132

H.B. No. 2308 MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS.

1 Act 049

H.B. No. 2311 RELATING TO REPORTING DEATHS TO STATE AGENCIES.

3 Act 085

NUMBER TITLE

Introduced


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

32 2

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H.B. No. 2317 MAKING AN APPROPRIATION TO THE EMERGENCY AND BUDGET RESERVE FUND.

4 Act 104

H.B. No. 2319 RELATING TO MONEY TRANSMITTERS. 20 Act 251

H.B. No. 2326 RELATING TO MORTGAGE RESCUE FRAUD.

8 Act 142

H.B. No. 2340 RELATING TO CRIMINAL HISTORY RECORDS CHECKS UNDER THE CHILD PROTECTIVE ACT.

3 Act 096

H.B. No. 2343 RELATING TO REQUIREMENTS FOR CHILD CARE PROVIDERS.

3 Act 088

H.B. No. 2350 RELATING TO FOSTER CHILDREN. 7 Act 133

H.B. No. 2353 RELATING TO EXEMPTIONS FROM CIVIL SERVICE.

3 Act 079

H.B. No. 2362 RELATING TO THE HAWAII WORKFORCE DEVELOPMENT COUNCIL.

2 Act 057

H.B. No. 2363 RELATING TO LABOR. 9 Act 187

H.B. No. 2389 RELATING TO THE FEDERAL REIMBURSEMENT MAXIMIZATION SPECIAL FUND.

3 Act 093

H.B. No. 2391 RELATING TO THE RELEASE OF CERTAIN MISDEMEANANTS.

11 Act 217

H.B. No. 2403 RELATING TO THE MEDICAL ADVISORY BOARD.

5 Act 120

H.B. No. 2415 RELATING TO NON-GENERAL FUNDS. 2 Act 061

H.B. No. 2448 RELATING TO STATUTORY REVISION: AMENDING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE PURPOSES OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS.

2 Act 055

H.B. No. 2466 RELATING TO NON-GENERAL FUNDS. 3 Act 086

NUMBER TITLE

Introduced


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

2

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H.B. No. 2489 RELATING TO THE DEPARTMENT OF DEFENSE.

10 Act 209

H.B. No. 2501 RELATING TO WATER RIGHTS. 7 Act 126

H.B. No. 2543 RELATING TO BROADBAND. 10 Act 193

H.B. No. 2559 RELATING TO MENTAL HEALTH. 4 Act 114

H.B. No. 2561 RELATING TO THE ADMINISTRATION OF JUSTICE.

18 Act 231

H.B. No. 2569 RELATING TO ENERGY. 9 Act 176

H.B. No. 2582 RELATING TO FOOD SAFETY. 4 Act 106

H.B. No. 2593 AUTHORIZING THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR HAWAII RENEWABLE RESOURCES, LLC.

4 Act 117

H.B. No. 2604 RELATING TO THE ACQUISITION OF REAL PROPERTY.

18 Act 232

H.B. No. 2605 RELATING TO LABOR. 2 Act 071

H.B. No. 2626 RELATING TO UNDERGROUND STORAGE TANKS.

9 Act 179

H.B. No. 2632 RELATING TO FIREARMS. 4 Act 110

H.B. No. 2646 RELATING TO ENVIRONMENTAL PROTECTION.

19 Act 244


H.B. No. 2669 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST TRUTAG TECHNOLOGIES, INC.

4 Act 118

H.B. No. 2671 RELATING TO CRIMINAL JUSTICE DATA. 8 Act 155

H.B. No. 2675 RELATING TO RAPID OHIA DEATH. 4 Act 102

NUMBER TITLE

Introduced


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

34 2

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H.B. No. 2680 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR KALOKO RESERVOIR.

20 Act 250

H.B. No. 2681 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR WAILUKU RESERVOIR #6.

19 Act 249

H.B. No. 2707 RELATING TO MEDICAL MARIJUANA. 18 Act 230

H.B. No. 2715 RELATING TO WORKERS' COMPENSATION.

9 Act 188

H.B. No. 2722 RELATING TO UNEMPLOYMENT. 2 Act 070

H.B. No. 2722 RELATING TO UNEMPLOYMENT. 10 Act 208

NUMBER TITLE Offered Referred

Report of Committee

Adoption Action of Senate

Subsequent

Action

2

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H.C.R. No. 1 RELATING TO RECESS DAYS FOR THE SECOND SPECIAL SESSION OF 2016. 1 1 17

H.C.R. No. 2 RELATING TO ADDITIONAL RECESS DAYS FOR THE SECOND SPECIAL SESSION OF 2016. 20 20 21

NUMBER TITLE Offered Referred Report of

CommitteeAdoption

36 2

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H.R. No. 1 AUTHORIZING THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO APPROVE THE JOURNAL OF THIS HOUSE OF ANY LEGISLATIVE DAY BEING COMPILED AS OF THE 3RD LEGISLATIVE DAY.

23 23

H.R. No. 2 AUTHORIZING AND DIRECTING THE COMMITTEE ON THE JOURNAL TO COMPILE AND PRINT THE JOURNAL OF THE HOUSE OF REPRESENTATIVES, SECOND SPECIAL SESSION OF 2016, PURSUANT TO RULE 18 OF THE RULES OF THE HOUSE OF REPRESENTATIVES.

23 23

H.R. No. 3 INFORMING THE SENATE AND THE GOVERNOR THAT THE HOUSE OF REPRESENTATIVES IS READY TO ADJOURN SINE DIE.

23 23

NUMBER TITLE

Received


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

2

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S37

S.B. No. 911 RELATING TO LATEX. 9 Act 180

S.B. No. 1311 RELATING TO EDUCATION. 4 Act 107

S.B. No. 2076 RELATING TO HEALTH CARE. 7 Act 137

S.B. No. 2077 RELATING TO SEPARATION BENEFITS. 24 5 6

13

16 21 22 23 24

Act 001 Second Special Session

5 6

13

S.B. No. 2106 RELATING TO WITNESSES. 8 Act 159

S.B. No. 2108 RELATING TO CRIMINAL PROCESS. 8 Act 160

S.B. No. 2121 RELATING TO PUBLIC AGENCY MEETINGS AND RECORDS.

2 Act 056

S.B. No. 2131 RELATING TO ENERGY. 3 Act 076

S.B. No. 2196 RELATING TO THE LAW ENFORCEMENT OFFICER INDEPENDENT REVIEW BOARD.

8 Act 161

S.B. No. 2213 RELATING TO THE NURSING FACILITY SUSTAINABILITY PROGRAM.

2 Act 059

S.B. No. 2217 RELATING TO AGRICULTURE. 9 Act 174

S.B. No. 2289 RELATING TO LABOR. 10 Act 190

S.B. No. 2298 RELATING TO THE UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT.

8 Act 162

S.B. No. 2317 RELATING TO HEALTH. 10 Act 203

S.B. No. 2319 RELATING TO INSURANCE. 10 Act 205

S.B. No. 2330 RELATING TO THE HOSPITAL SUSTAINABILITY PROGRAM.

2 Act 060

S.B. No. 2375 RELATING TO TRANSPORTATION. 10 Act 197

S.B. No. 2384 RELATING TO LICENSING INSPECTIONS. 9 Act 184

NUMBER TITLE

Received


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

38 2

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S.B. No. 2387 RELATING TO PHYSICAL EXAMINATIONS.

9 Act 185

S.B. No. 2392 RELATING TO OPIOID ANTAGONISTS. 2 Act 068

S.B. No. 2395 RELATING TO TELEHEALTH. 11 Act 226

S.B. No. 2408 RELATING TO PARTITION OF HEIRS PROPERTY.

20 Act 260

S.B. No. 2439 RELATING TO LAW ENFORCEMENT. 8 Act 164

S.B. No. 2453 RELATING TO AQUATIC RESOURCES PENALTIES.

2 Act 067

S.B. No. 2476 RELATING TO HEALTH. 9 Act 177

S.B. No. 2512 RELATING TO ANIMALS. 9 Act 165

S.B. No. 2540 RELATING TO THE DEPARTMENT OF HEALTH.

3 Act 090

S.B. No. 2542 RELATING TO REPAIR AND MAINTENANCE.

5 6

18

Act 233 5 6

S.B. No. 2547 RELATING TO TAXATION. 20 Act 261

S.B. No. 2550 RELATING TO FEDERAL FUNDS. 11 Act 225

S.B. No. 2551 RELATING TO NON-GENERAL FUNDS. 9 Act 166

S.B. No. 2555 RELATING TO STATE FUNDS. 2 Act 064

S.B. No. 2557 RELATING TO CONCUSSIONS. 20 Act 262

S.B. No. 2559 RELATING TO HOMELESSNESS. 19 Act 234

S.B. No. 2560 RELATING TO MENTAL HEALTH. 9 Act 186

S.B. No. 2561 RELATING TO RENTAL HOUSING. 7 Act 127

S.B. No. 2566 RELATING TO HOUSING. 7 Act 128

S.B. No. 2583 RELATING TO COMPOSTING TOILETS. 19 Act 239

NUMBER TITLE

Received


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

2

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S.B. No. 2618 RELATING TO TRANSPORTATION. 10 Act 196

S.B. No. 2630 RELATING TO PUBLIC SAFETY. 11 Act 227

S.B. No. 2645 RELATING TO WATER AUDITS. 9 Act 169

S.B. No. 2647 RELATING TO NATURAL RESOURCES. 5 Act 125

S.B. No. 2652 RELATING TO TAXATION. 10 Act 202

S.B. No. 2659 RELATING TO INDUSTRIAL HEMP. 11 Act 228

S.B. No. 2670 RELATING TO BEHAVIOR ANALYSTS. 5 Act 123

S.B. No. 2671 RELATING TO VETERINARY TECHNICIANS.

8 Act 147

S.B. No. 2672 RELATING TO ADVANCED PRACTICE REGISTERED NURSES.

9 Act 183

S.B. No. 2673 RELATING TO TRAVEL AGENCIES. 8 Act 148

S.B. No. 2680 RELATING TO FINANCIAL INSTITUTIONS.

8 Act 149

S.B. No. 2723 RELATING TO ENFORCEMENT OF WAGE LAWS.

10 Act 192

S.B. No. 2731 RELATING TO SCHOOLS. 19 Act 237

S.B. No. 2788 RELATING TO THE MOLOKAI IRRIGATION SYSTEM WATER USERS ADVISORY BOARD.

9 Act 175

S.B. No. 2807 RELATING TO ENTERPRISE TECHNOLOGY SERVICES.

2 Act 058

S.B. No. 2811 RELATING TO PARENTAL RIGHTS. 11 Act 213

S.B. No. 2812 RELATING TO CHARITABLE SOLICITATION.

8 Act 163

S.B. No. 2823 RELATING TO THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION.

3 Act 091

NUMBER TITLE

Received


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

40 2

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S.B. No. 2833 RELATING TO THE LOW-INCOME HOUSING TAX CREDIT.

7 Act 129

S.B. No. 2835 MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS.

1 Act 051

S.B. No. 2836 MAKING APPROPRIATIONS FOR COLLECTIVE BARGAINING COST ITEMS.

1 Act 050

S.B. No. 2845 MAKING APPROPRIATIONS TO REPAY GENERAL FUND CASH ADVANCES.

3 Act 077

S.B. No. 2849 RELATING TO ESCROW DEPOSITORIES. 11 Act 224

S.B. No. 2850 RELATING TO MORTGAGE INDUSTRY REGULATION.

5 Act 122



S.B. No. 2861 RELATING TO THE JOINT FORMULARY ADVISORY COMMITTEE.

3 Act 092

S.B. No. 2863 RELATING TO CITATIONS FOR MASSAGE THERAPY VIOLATIONS.

8 Act 146

S.B. No. 2878 RELATING TO YOUTH TRANSITIONING FROM FOSTER CARE.

7 Act 134

S.B. No. 2886 RELATING TO AGE OF CONSENT FOR ADOLESCENT MENTAL HEALTH SERVICES.

9 Act 181

S.B. No. 2888 RELATING TO FORENSIC MENTAL HEALTH PROCEDURES.

10 Act 198

S.B. No. 2896 RELATING TO THE PREVENTION OF UNFAIR LABOR PRACTICES.

10 Act 191

S.B. No. 2904 RELATING TO AQUATIC MITIGATION BANKS.

10 Act 211

S.B. No. 2910 RELATING TO TIME SHARE COMMISSIONERS OF DEEDS.

3 Act 078

NUMBER TITLE

Received


ReadingThird

Reading

Action of


Final Reading

Action of Governor

Other Action

Act No.

Vetoed

2

01

6 H

OU

SE

JO

UR

NA

L –

SE

CO

ND

SP

EC

IAL

SE

SS

ION

– H

IST

OR

Y O

F S

EN

AT

E B

ILL

S41

S.B. No. 2915 RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

11 Act 218

S.B. No. 2922 RELATING TO THE TAX REVIEW COMMISSION.

11 Act 222

S.B. No. 2954 RELATING TO FIREARMS. 4 Act 108

S.B. No. 2981 RELATING TO EDUCATION. 8 Act 152

S.B. No. 2987 RELATING TO THE TRANSIENT ACCOMMODATIONS TAX.

11 Act 223

S.B. No. 3077 RELATING TO STATEWIDE COMMUNITY PLANNING.

7 Act 130

S.B. No. 3084 RELATING TO CESSPOOLS. 9 Act 182

S.B. No. 3102 RELATING TO THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM.

5 7

13

5 7

13

S.B. No. 3109 RELATING TO MANUFACTURING. 2 Act 065

S.B. No. 3110 RELATING TO TECHNOLOGY. 2 Act 066

S.B. No. 3126 RELATING TO PUBLIC SCHOOLS. 1 Act 047

Documents

JOURNAL of the HOUSE OF REPRESENTATIVES TWENTY-EIGHTH