HONOLULU – Hawai'i Senator J. Kalani English (Dist. 7: Hana, East and Upcountry Maui, Moloka‘i, Lana‘i, Kaho‘olawe) today reminded the public that a new statutory provision has clarified the law with respect to signaled crosswalks. Act 133 states that a pedestrian cannot legally enter a crosswalk while a countdown timer is flashing. Prior to this, the law referred only to the “Upraised Palm” Don’t Walk signal, leaving some confused about the effect of the countdown. “As one of the primary sponsors of the bill, I am proud that we have maintained our focus on pedestrian safety and helped make our crosswalks that much safer,” Senator English said. “Of course, there is more to be done, and I am confident we will continue to make headway in protecting pedestrians and otherwise improving our traffic laws.” Senate Bill 693 was signed into law as Act 133 on June 28, 2019, and went into effect today. #hawaii #crosswalks #crosswalklaw #pedestriansafety #UpraisedPalm #DontwalkSignal #MauiSenator #KalaniEnglish #SenatorEnglish #SB693 #SenateBill693 #ACT133 #Molokai #Lanai #Kahoolawe #Hana #EastMaui #UpcountryMaui #HawaiiSenateDistrict7

(Kona)- The DLNR Division of State Parks will conduct early closures of several West Hawai’i parks on the Fourth of July holiday. Kekaha Kai State Park, including the Mahaiula and Maniniowali (Kua Bay) sections; Hapuna Beach State Recreation Area, including the Waialea Bay section; Lapakahi State Park; and Kiholo State Park Reserve will all close at 5 p.m. on Thursday July 4, 2019. Normal park hours will resume on Friday July 5, 2019. The closure of these facilities early is to discourage use of fireworks, which is prohibited in state parks, and to protect the public and natural resources of the areas. #DepartmentofLandandNaturalResources #KekahaKaiStatePark #Mahaiula #Maniniowali #KuaBay #HapunaBeach #WaialeaBay #LapakahiStatePark #KiholoStatePark #HawaiiIsland #Beaches #July4

HONOLULU — The Hawai‘i Department of Health (DOH) has extended the public comment period for the National Pollutant Discharge Elimination System (NPDES) permit renewal for the Thirty Meter Telescope International Observatory. On June 25, the DOH was unable to receive public comment through email due to technical issues. The email address has been restored and the comment period extended. Written public comments will be received by DOH until July 9, 2019 at 4:30 p.m. and may be sent by email to: cleanwaterbranch@doh.hawaii.gov or delivered to: State of Hawai‘i Clean Water Branch 2827 Waimano Home Road #225 Pearl City, HI 96782 Photo credit: TMT International Observatory The purpose of this NPDES permit is to provide conditions for safely managing storm water during construction activity. More information on the NPDES permit renewal is available at DOH’s Clean Water Branch website at:​ health.hawaii.gov/cwb/clean-water-branch-home-page/ public-notices-and-updates/ Renewal Permit Documents Public Hearing Notice – TMT International Observatory – HI S000431 Public Notice, Draft Renewal Permit and Rationale – TMT International Observatory – HI S000431 Renewal Application – TMT International Observatory – HI S000431 Original Permit Documents NPDES Permit – TMT International Observatory – HI S000431 Original 2014 Application – TMT International Observatory – HI S000431 June 25, 2019 Public Hearing Video of Public Hearing for TMT International Observatory NPDES Permit Renewal HI S000431 #thirtymetertelescope #TMT #NPDES #NationalPollutantdischargeEliminationSystem #CleanWaterBranch #Hawaiideparmentofhealth #Permits

HONOLULU – The Hawaii Department of Transportation (HDOT) is seeking comments on the award of contracts to Disadvantaged Business Enterprises (DBEs). DBEs are for-profit small businesses whose primary owner and management are considered socially and economically disadvantaged. Federal funding requirements call for state and local transportation agencies to create goals for the participation of disadvantaged entrepreneurs in federal-aid contracts. As part of the DBE goal setting process, HDOT has conducted a Draft Availability Study, which provides information about HDOT’s overall DBE participation goals over a three-year period (FFY 2020 through FFY 2022). To view the draft study and learn more about HDOT’s DBE program, visit http://hidot.hawaii.gov/administration/ocr/dbe/ Public meetings are currently scheduled for the following dates and times: HONOLULU (OAHU) Tuesday, July 9, 9-11 a.m. Daniel K. Inouye International Airport, Interisland Terminal, 7th Floor Conference Room, 400 Rodgers Boulevard, Honolulu, Hawaii 96819 KAHULUI (MAUI) Wednesday, July 10, 9-11 a.m. Highways Division Maui District Office, 650 Palapala Drive, Kahului, HI 96732 LIHUE (KAUAI) Thursday, July 11, 9-11 a.m. Highways Division Kauai District Office, 1720 Haleukana Street, Lihue, HI 96766 HILO (HAWAII ISLAND) Friday, July 12, 9-11 a.m. Highways Division Hawaii District Office, 50 Makaala Street, Hilo, HI 96720 If you need an auxiliary aid/service or other accommodation due to a disability, contact Curtis Motoyama, DBE Program Supervisor, at (808) 831-7931 or curtis.s.motoyama@hawaii.gov as soon as possible. Please make requests as early as possible to allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Public comment on HDOT’s proposed DBE participation goals for federal fiscal year 2020, 2021, and 2022 will be gathered at the meetings referenced above. Comments can also be made online through July 26, 2019 via https://www.keenindependent.com/hdotdisparitystudy2019 or email to HDOTdisparitystudy2019@keenindependent.com The draft study and other documents related to HDOT’s proposed DBE goals will also be made available during business hours (7:45 a.m. – 4:30 p.m.) at the HDOT Office of Civil Rights. The address for this office is: 200 Rodgers Boulevard, Honolulu, Hawaii 96819. Public comments will be gathered online and at meetings on Oahu, Maui, Kauai, and Hawaii Island. #hdot #hawaiidepartmentoftransportation #DBE #DraftAvailabilityStudy #DisadvantagedBusinessEntreprises #CurtisMotoyama #DisparityStudy

HONOLULU – Gov. David Ige has appointed Neal Miyahira as director of the Department of Budget and Finance. Miyahira is currently the administrator of the Budget, Program Planning and Management Division at Budget and Finance. He has also served as director of finance and deputy director of finance during his 20 years at the department. Previously, Miyahira worked at the Department of Taxation as deputy director of taxation, as well as chief of research at the Office of the Lieutenant Governor (1986-1994), and in various capacities in the Hawai‘i State Senate and State of Hawai‘i. A Waipahu High School graduate, Miyahira earned his bachelor’s and master’s degrees in economics at the University of Hawai‘i at Mānoa. Miyahira starts as Budget and Finance director on July 1. His appointment is subject to Senate confirmation. #nealmiyahiradepartmentofbudetandfinance #Departmentoftaxation #SenateConfirmation #hawaiisenate #Budgetandfinance

Photo Credit: Hawai'i Department of Transportation LIHUE – The Hawaii Department of Transportation (HDOT) informs the public of scheduled nightly closures of Kuhio Highway (Route 560) at Waipa Bridge between 7:30 p.m. to 5 a.m. the following morning for July 1-3 and July 8-11. These nightly closures will lead up to the full weekend closure of Kuhio Highway between Waipa Bridge and the end of the road July 12 - 15, 2019. A calendar with the July night work schedule can be seen at: https://hidot.hawaii.gov/wp-content/uploads/2019/06/July-2019-Night-Work-Calendar.pdf There will also be a closure of the westbound lane of Kuhio Highway between Anae Road and Kee Beach between 6:30 a.m. and 10:30 a.m. on Saturday, June 29 for the 39th Annual Haena to Hanalei Run. More information on this event can be found at http://www.hanaleicanoeclub.org/ All work is weather permitting. First responders have been notified and have planned staging and procedures in the event of an emergency requiring them to access the work zones. Variable Message Signs have been placed along Kuhio Highway to further inform motorists of the scheduled closures. During the closures at Waipa Bridge, there will be no vehicular access to the highway. Pedestrian access, Park and Ride facilities, and a shuttle will be provided for residents and authorized Transient Vacation Rental guests. Shuttle details are as follows: Shuttles will be provided by Hawaiian Dredging for residents and authorized TVR guests from 7 p.m. until 8 a.m. the following morning during night work. For residents or authorized TVR guests needing to pick up their vehicles from the Park and Ride locations in the morning, Hawaiian Dredging shuttles will leave from the Wainiha General Store at 6 a.m., 7 a.m., and 8 a.m. These shuttles will also stop at the Hanalei Colony Resort to pick up additional riders. The shuttle will then proceed to the Park and Ride where residents or TVR guests can pick up their vehicles. Additionally, motorists are advised of the following: The Waipa Park and Ride created to provide access to residents and authorized TVR guests during the Waikoko Bridge night work and full closure is only open for residents and authorized TVR guests. All vehicles remaining at this site when the road reopens for the day should be removed. All motorists are asked to observe posted speed limits, and to slow down and obey traffic flaggers at Waikoko and Waipa Bridges for their safety and the safety of the workers. HDOT will be installing speed humps leading up to the Waioli, Waipa and Waikoko Bridges on the North Shore as a traffic calming pilot measure. This will be the first time speed humps will be installed on a state highway on Kauai. Should this pilot be successful, HDOT will consider installing the humps (which have a lower profile than speed bumps) in appropriate locations across the island. A “no parking” zone has been established along Kuhio Highway with the exception of a few isolated locations between Haena Place and Kee Beach. Parking along Kuhio Highway in this zone is a violation of Chapter 291C-111 of the Hawaii Revised Statutes and could result in fines of $200. Access to the Department of Land and Natural Resources’ Haena State Park is by reservation. More information is available at https://www.gohaena.com/ Information on the community-run Kauai North Shore Shuttle is available at https://www.hanaleiinitiative.org/ Weekly updates on the Waipa and Waikoko Bridge work are available via newsletter. Anyone may subscribe via this link. #DepartmentofTransportation #Lihue #Hanaleicanoeclub #VariableMessageSigns #WaipaBridge #TransientVacationRentalguests #hawaiiandredging #kauai #waipaPark #WaikokoBridge

(Kailua-Kona) – In order to support a growing demand for recreational space in the North Kona District, the DLNR Division of Forestry and Wildlife (DOFAW) is conducting a civic use study to gauge community interest in recreational and subsistence uses, such as hiking, hunting, and gathering other forest resources in the Honua‘ula Forest Reserve. As part of the study, DOFAW has scheduled an open meeting to present and receive input on the Kailua-Kona community’s preferences and potential management strategies to support anticipated future increase in activity. There will be a brief presentation, live polling to solicit real time community feedback, and an opportunity to ask DOFAW representatives questions regarding the proposed project. The meeting is scheduled at the following location and time: Monday, July 15, 2019 6:00 to 7:30 p.m. West Hawai‘i Civic Center, Council Chambers 74-5044 Ane Keohokalole Highway, Kailua, HI 96740 Any person requesting an auxiliary aid or service (i.e. large print materials, sign language interpreters) is asked to contact Kylee Wideman at 808-927-0412 or through the Telecommunications Relay Service at 711 by July 8, 2019. For more information on the Honuaʻula Forest Reserve and the public use study: http://dlnr.hawaii.gov/forestry/frs/honuaula-forest-reserve-public-use-study/ Story Map: https://pbrhawaii.maps.arcgis.com/apps/Cascade/index.html?appid=50157b7aebd144e6a8dcf462e1624523 #DepartmentofLandandNaturalResources #DLNR #hONUAULAfOREST #hONUAULAfOREST #hONUAULAfORESTrESERVE

Gov. David Ige signed the following bills during bill signing ceremonies today. Link to video here Link to photos here Energy and Sustainability: ACT 141 -- HB556 Relating to Energy Efficiency ACT 142 -- HB1585 Relating to the Environment ACT 143 – SB661 Relating to Fuel Cell Electric Vehicles ACT 144 – HB401 Relating to Contracting for Public Facilities ACT 145 – HB560 Relating to Energy Training ACT 146 – HB1558 Relating to Sustainability ACT 147 – HB1548 Relating to Rapid Ohia Death Gender Identity: ACT 148 – HB1165 Relating to Gender Identification ACT 149 – HB711 Relating to Criminal Defense ACT 157 – HB664 Relating to Gender Identification Gun Violence: ACT 150 – SB1466 Relating to Gun Violence Protective Orders Agriculture: ACT 151 – SB375 Relating to Agriculture ACT 152 – SB1148 Relating to Agriculture ACT 153 – SB390 Relating to Supplemental Nutrition Assistance Program Incentives Others ACT 154 – HB1009 Relating to Movie Theatres ACT 155 – SB330 Relating to an Earned Income Disregard Program ACT 156 – SB50 Relating to Human Services #genderidentification #agriculture #energy #sustainability #davidige #hawaiisenate #hawaiisenateMajority #FuelCellElectricVehicles #ContractingforPublicFacilities #energytraining #sustainabilityrapidohiadeah #criminaldefense #gunviolence #gunviolenceprotectiveorders #supplementalnutritionassitance #movietheatres #earnedincomedisregardprogram #humanservices

Measures expand HINET Program and continue successful Promise Program to help with tuition and basic needs Honolulu, Hawaiʻi – To offset the costs of a community college student's basic student needs such as food and transportation, and paying for tuition, state lawmakers passed two bills last session appropriating more than $2.3 million in state funds to help our young people achieve their dream of a college education. Governor David Ige today signed one of these bills, SB50 SD2 HD1 the Hawai'i Nutrition Employment and Training Program (HINET), into law during a ceremony at the State Capitol. This bill appropriates $910,000 ($455,000 for each of the next two fiscal years) to continue the HINET program and hire seven full-time instructional and student support positions. HINET helps students cover the cost of food, transportation, books, and necessary tools. HINET is a workforce and education training program offered to students who receive or are eligible for Supplemental Nutrition Assistance Program benefits and are enrolled at least part-time at a University of Hawaiʻi community college in an approved program. HINET staff work with students one-on-one to address their needs and goals, and match them with training. Representative Justin H. Woodson, Chair of the House Lower & Higher Education Committee, said this bill helps students pay for their basic needs so they can focus on their education. "If a student cannot get to school, doesn't have the needed text book, or is so hungry they cannot focus on their lessons, if is very difficult to complete a program and earn a college degree," said Rep. Woodson (Kahului, Pu‘unēnē, Old Sand Hills, Maui Lani). "There are many hurdles that low-income students must overcome to get an education and make their lives better. Legislators want to do all we can to invest in our students and therefore invest in the future of Hawaiʻi." The second bill, SB316 SD2 HD2 – Hawaiʻi Community College Promise Program was signed by the Governor on June 7 and is now Act 61. . This bill provides $1.4 million ($700,000 for each of the next two fiscal years) to cover community college tuition for eligible students once all other federal aid and public and private scholarships are exhausted. The bill also requires the University of Hawaiʻi to collect data on how well the Promise Program directly increases the likelihood that a recipient attends college and completes a degree program. "Tuition support gives students a foot in the door," said Rep. Woodson. "With that help, they are moving closer to achieving their educational goals and dreams." #donnamercadokim #kalanienglish #HINET #PromiseProgram #DavidIge #SupplementalNutritionAssistanceProgram #JustinWoodson #SenatorEnglish #SenatorKim #HawaiiCommunityCollegePromiseProgram #ACT61

HONOLULU – Gov. David Ige signed a series of bills into law today, ranging from kupuna care, homelessness and mental health, traffic safety, elections and health. The bills are as follows: Kupuna Care Package: Link to Kupuna Care bill signing video here ACT 123 -- HB465 Relating to Aging ACT 124 -- HB468 Relating to the Health Aging Partnership Program ACT 125 -- HB471 Relating to Aging ACT 126 -- SB1025 Relating to the Kupuna Caregivers Program ACT 127 -- SB366 Relating to Health Homelessness & Mental Health: Link to Homelessness – Mental Health bill signing video here ACT 128 -- HB257 Relating to Homelessness ACT 129 -- SB1124 Relating to Mental Health ACT 130 -- SB567 Relating to Mental Health Treatment Traffic Safety: Link to Traffic Safety bill signing video here ACT 131 -- SB663 Relating to Highway Safety ACT 132 -- SB98 Relating to Crosswalk Safety ACT 133 -- SB693 Relating to Statewide Traffic Code ACT 134 -- HB757 Relating to Transportation Elections: Link to Elections bill signing video here ACT 135 -- SB216 Relating to Elections ACT 136 -- HB1248 Relating to Elections ACT 137 -- HB168 Relating to the Electronic Transmission of Ballots Health: Link to Health bill signing video here ACT 138 -- SB549 Relating to Healthy Beverages for Children ACT 139 -- SB1246 Relating to Telehealth ACT 140 -- HB1453 Relating to Emergency Medical Services In addition, Gov. Ige signed the following bills last Thursday and Friday: Signed June 20, 2019: ACT 101 – HB1157 Relating to Post-Secondary Education Student Immunizations Signed June 21, 2019: ACT 102 – HB349 Relating to International Yoga Day ACT 103 – SB754 Relating to Agriculture ACT 104 – HB463 Relating to Food Safety ACT 105 – SB1342 Relating to the Probate Code ACT 106 – HB297 Relating to Mosquito Vector Control ACT 107 – SB197 Relating to Campaign Finance ACT 108 – SB852 Relating to Restitution for Victims of Crime ACT 109 – SB144 Relating to lobbyists ACT 110 – HB1307 Relating to an Office of Administrative Hearings ACT 111 – HB1268 Relating to Statutory Revision: Amending or repealing various provisions of the Hawai‘i Revised Statutes and the Session Laws of Hawai‘i for the purpose of correcting errors and references, clarifying language, and deleting obsolete or unnecessary provisions ACT 112 – HB903 Relating to the Judiciary ACT 113 – HB116 Relating to the State Budget ACT 114 – HB807 Relating to Offenses Against Public Administration ACT 115 – HB546 Relating to Intoxicating Liquor ACT 116 – HB1070 Relating to Education ACT 117 – HB507 Relating to Search Warrants ACT 118 – HB356 Relating to Claims Against the State ACT 119 – HB170 Relating to Ethics ACT 120 – HB169 Relating to the state Ethics Code ACT 121 – SB1417 Relating to Filipino Veterans Burial Assistance ACT 122 – HB852 Relating to the Hawai‘i State Energy Office ### #KUPUNACARE #homelessness #mentalhealth #billsigning #elections #children #Telehealth #emergencymedicalservices #davidige #postsecondaryeducationstudentimmunizations #yogaday #agriculture #foodsafety #probatecode #msquitovectorcontrol #campaignfinance #restitutionforvictimsofcrime #lobbyists #officeofadministrativehearings #statebudget #judiciary #education #searchwarrants #ethics #filipinoveteransburialassistance #hawaiistateenergyoffice #hawaiisenate #HawaiiSenateMajority #rozbaker #kaikahele #stanleychang #kurtfevella #jarrettkeohokalole #sharonmoriwaki

Honolulu – State Senator Maile Shimabukuro, and State Representatives Stacelyn Eli and Cedric Asuega Gates will join the coaches and players of the Nanakuli Hawks 12U (12 year-olds and younger) Baseball Team to celebrate the team’s victory in the 2019 Hawaii 12/70 Division Baseball Championship. The lawmakers will present coaches and players with Congratulatory Certificates following the team’s practice at 6:30 p.m. this Wednesday, June 26, 2019, Nānākuli Public Library, Heleakalā Conference Room 89-070 Farrington Highway next to Nānāikapono Elementary School The team, consisting of 13 boys from seven different Leeward O'ahu schools, overcame over 40 other teams to claim division honors at the Cal Ripken State Tournament on June 9th, 2019. The team is now raising funds to travel to Rohnert Park, CA to represent Hawaii in the 2019 Pacific Southwest Regional Tournament in July. #nanakulihawks #baseball #hawaiibaseballchampions #CalRipkenStateTournament #pacificsouthwestregionaltournament #maileshimabukuro #stacelyneli #cedricgates

HONOLULU – Gov. David Ige notified legislative leaders and key lawmakers of his Intent to Veto the following 20 measures. The Hawai‘i State Constitution requires the governor to notify the Legislature of the bills he intends to veto no later than the 35th day after adjournment, which is June 24. The governor must either sign or veto bills by July 9. If no action is taken on a bill it becomes law without his signature. INTENT TO VETO LIST HB290 RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT. This measure authorizes qualifying patients or out-of-state patients to transport medical cannabis between islands for their personal medical use. Rationale: Marijuana, including medical cannabis, remains illegal under federal law. Both the airspace and certain areas of water fall within the exclusive jurisdiction of the federal government. This bill may lead travelers, acting in reliance on this provision, to erroneously believe they are immune from federal prosecution. Additionally, there are a number of operational concerns for both the State Department of Transportation and the State Department of Public Safety. HB323 RELATING TO MOTOR VEHICLE REGISTRATION. This bill would classify certain former military vehicles as special interest vehicles and enable owners to apply for registration of these motor vehicles. The change would allow specific pre-1995 vehicles including Humvees, Pinzgauers, Kaiser Jeep M715s, and DUKWs (“Ducks”) to operate on the public roadways. Rationale: The original intent of the special interest vehicle legislation was to address the needs of collector enthusiasts who invest in acquiring, restoring and maintaining pre-1968 vehicles by allowing them to be showcased. Classifying these military vehicles as “special interest vehicles” will result in the violation of Federal Motor Safety Standards and allow vehicles that do not pass emission testing standards on our roadways. HB407 RELATING TO EDUCATION. This bill requires that Board of Education approval be obtained prior to the termination of a Department of Education complex area superintendent. Rationale: The Board of Education already has the authority to establish a policy allowing the Board to approve the termination of a complex area superintendent. Moreover, this bill may impact the Board’s role as an appellate body as well as the appeal rights of complex area superintendents. HB629 RELATING TO MEDICAL RELEASE. This bill creates a formal medical release program within the Hawai‘i Paroling Authority (HPA) to allow inmates with terminal or debilitating diseases or illnesses to be released from custody before the expiration of their sentence. The Director of Public Safety, an inmate or an inmate’s representative may submit a written request for medical release. The bill also sets forth specific requirements for both HPA and the Public Safety Department (PSD) to follow when establishing and implementing the medical release program. Rationale: A Medical Release Program has been in existence in PSD and HPA policies since December 2014. This bill mandates that PSD and HPA complete certain tasks within short periods of time, but does not provide more funding for more staff. There are also concerns that this bill opens the referral process for medical release to an inmate or an inmate representative, who may or may not be medically trained. The PSD Health Care Division would be required to provide a detailed, comprehensive medical assessment within 20 days of receipt of each referral. HB655 RELATING TO HEALTH. This measure designates the month of September as “Suicide Prevention and Awareness Month” to increase public awareness of suicide prevention education, resources, and support available in Hawaii. Rationale: HB655 HD1 SD1 should be vetoed because it was erroneously transmitted to the Governor. The Governor firmly believes in the merits of the bill and will designate September of this year as “Suicide Prevention and Awareness Month” by executive order. Additionally, he will work with the legislature to make the necessary legislative fixes so September will be properly designated next session. HB702 RELATING TO SATELLITE NAVIGATION TECHNOLOGY. This measure prohibits the sale or offering for sale of location data that is recorded or collected by a satellite navigation technology-equipped device without the explicit consent of the individual who is the primary user of the device. Rationale: This measure attempts to regulate a complex national industry without sufficient and appropriate wording to ensure consistent compliance and enforcement. There are concerns about unintended consequences if this measure becomes law. HB748 RELATING TO PROPERTY FORFEITURE. This bill would prohibit civil asset forfeiture unless there is a felony conviction of the owner of the property. The bill also would also change the distribution of forfeiture proceeds from the state and local law enforcement agencies to the state general fund. Rationale: Civil asset forfeiture is an effective and critical law enforcement tool that prevents the economic benefits of committing a crime from outweighing consequential criminal penalties and punishment. This measure would also abolish civil asset forfeiture related to serious misdemeanor and petty misdemeanor crimes that negatively impact our society, natural resources, and environment. Furthermore, safeguards presently exist in Hawaii’s asset forfeiture statutes that prevent the abuses cited in the bill. HB1032 RELATING TO STATE BOATING FACILITIES. This measure would establish a state boating facility lease pilot program within the Department of Land and Natural Resources (DLNR) to be implemented and managed by the Division of Boating and Ocean Recreation (DOBOR). DLNR would be able to lease Manele Small Boat Harbor in its entirety, to include fast lands and submerged lands within it, for the private development, management, and operation of its facilities. Rationale: Although DLNR had sought general authorization for public-private partnerships of small boat harbors, this measure designates Manele Small Boat Harbor as a pilot program without public input. HB1133 RELATING TO MARINE LIFE CONSERVATION DISTRICTS. This measure would limit the number of commercial use permits for the Molokini Shoal marine life conservation district (MLCD) to no more than 40 and prohibit the Department of Land and Natural Resources (DLNR) from issuing new permits. It would also limit access at any given time to 50 percent of the current number of permit holders. Rationale: This measure is unnecessary as DLNR already limits the number of Molokini Shoal MLCD commercial use permits to 40. The language that limits access to 50 percent of the current number of permits at any given time is actually counter-productive to DLNR’s efforts to address overcrowding. DLNR is in the process of working with the commercial use permit holders to adjust the operating schedules to coordinate access to better manage the impact of commercial activity on this precious natural resource. HB1276 RELATING TO EDUCATION. This bill would establish a working group to develop best practices for collaborative teacher preparation time and expanded learning time for students in public schools. Some of the items to be considered are the establishment of collaborative teacher preparation time, the placement of classroom desks to facilitate group learning, and the rotation of principals among the public schools. The working group would submit a report of findings to the legislature, superintendent of education and all complex area superintendents. Rationale: While this bill is well-intentioned, it would encourage the development of a “one-size-fits-all” approach to schools. Issues involving planning and expanding learning time are best left to the specific schools to address, as these matters must consider the distinct needs of a particular school as well as the unique needs of our students. Furthermore, planning and learning time are matters better left to the Board of Education, as they fit squarely within its statutory and constitutional authority. SB33 RELATING TO ECONOMIC DEVELOPMENT. This measure would increase the annual rolling cap for the motion picture, digital media and film production income tax credit from $35 million to $50 million. It would further require the University of Hawaiʻi and Hawaiʻi Technology Development Corporation (HTDC) to execute a memorandum of understanding for a no-cost lease agreement that would include a provision requiring the title be transferred to HTDC within six years. Rationale: The administration supports the growth of Hawaiʻi’s thriving film industry. Unfortunately, this bill infringes on the University of Hawaiʻi’s constitutional autonomy. Article X, section 6 of the Hawaiʻi Constitution gives the University Board of Regents “exclusive jurisdiction over the internal structure, management, and operation of the university.” SB92 RELATING TO POLICE REPORTS. This bill would allow surviving immediate family members of murder or manslaughter victims to receive a copy of the closing police report at the conclusion of all related criminal and civil proceedings for the offenses of murder and manslaughter. Rationale: Immediate family members of victims of all crimes already have the right to receive closing police reports, which makes this bill unnecessary. Furthermore, restricting this right to immediate family members of only murder or manslaughter victims may lead to a narrow interpretation of the law, leaving family members of victims of other crimes without access to closing police reports. Under current law, members of the general public can obtain copies of any police report after the conclusion of criminal and civil proceedings, provided certain conditions are met in accordance with the Uniform Information Practices Act. SB301 RELATING TO TAXATION OF REAL ESTATE INVESTMENT TRUSTS. This measure would not allow “dividends paid deductions” for real estate investment trusts (REITs). Rationale: This measure could discourage the business community from investing in Hawai‘i. Disallowing dividends paid deduction for REITs could potentially stifle economic development and scare away investment capital to address our aging infrastructure. From an economic development perspective, REITs provide stable economic growth and long-term benefits - including job creation - that will extend the supply chain into rental and commercial properties. The benefits of continuing with this federally established legislation are clear and quantifiable. REITs are an important investment vehicle for all types of investments in Hawai‘i. If the state corporate income tax is imposed on a REIT, there may be negative impacts to the state’s economic health and business climate, such as the reduction of general excise, property and state income taxes. Overall, the unintended consequences of imposing a corporate tax on REITs, are not worth the potential benefits. Hawai‘i needs to be a place that is able to attract investment capital in order to create jobs and a sustainable economy. SB551 RELATING TO CONDOMINIUMS. This measure clarifies the right of condominium associations to conduct non-judicial foreclosures, even if the governing documents do not have an explicit power of sale provision. The bill also requires the foreclosing association to offer mediation with any notice of default and intention to foreclose and the prescribed procedure when mediation is chosen by the consumer. Rationale: This legislation includes a retroactive application that may present constitutional concerns. SB1292 RELATING TO TRANSIENT ACCOMMODATIONS. This bill would require hosting platforms that collect fees for booking services, to register as tax collection agents and collect general excise and transient accommodation taxes for transient accommodation bookings from operators and plan managers. Rationale: The state's taxation of transient accommodations through hosting platforms should complement the counties' regulation of transient accommodations. While the taxation of illegal transient accommodation uses would not legalize these operations, there is concern that the collection of taxes on illegal transient accommodations could be viewed as legitimizing these operations. Additionally, the recent passage of Bill 89 (2018) by the Honolulu City Council, which is pending signature by Mayor Kirk Caldwell, is an example of a county that has enacted specific enforcement provisions governing transient accommodations and hosting platforms. These measures, and other such county measures, raise significant issues for the Department of Taxation that were not fully contemplated by the Legislature when it passed SB 1292. Both the federal Internal Revenue Service and the State Tax Department are obligated to collect taxes on business activity, whether legal or illegal, as affirmed by the U.S. Constitution (16thAmendment) and a hundred years of court decisions. While SB 1292 may make tax collection more efficient, the recent passage of Bill 89 (2018) by the Honolulu City Council could affect certain logistics in the collection of those taxes. Further review is required to ensure there are no adverse unintended consequences that were not fully contemplated by the Legislature or DOTAX when the bill was debated during the Legislative Session. SB1353 RELATING TO INDUSTRIAL HEMP. This measure establishes an industrial hemp licensing program requiring the Department of Agriculture to create an industrial hemp plan to be approved by the United States Department of Agriculture (USDA). The bill also makes various statutory changes, including removing from criminal regulation the cultivation, possession or sale of either licensed or unlicensed industrial hemp. Rationale: There are concerns that this bill creates a licensing structure that cannot be enforced, will not meet USDA requirements for an approved industrial hemp program, and creates practical problems in the enforcement of existing medical cannabis. SB1405 RELATING TO ELECTRONIC SMOKING PRODUCTS. This bill requires public school teachers or educators to confiscate e-cigarettes or electronic smoking devices (ESDs) from students; requires the Department of Health to create a safe harbor program for disposing ESDs; and increases the fines from $10 to $100 for any person under the age of 21 who violates laws relating to electronic smoking devices. Rationale: There are considerable implementation concerns and unknown costs relating to certain provisions in this bill. This measure does not include a definition for an “electronic cigarette”. A definition is necessary to provide teachers, educators and students with an understanding of what items are subject to confiscation. Furthermore, confiscating and destroying evidence of a crime may hinder prosecution of those individuals responsible for selling or furnishing electronic cigarettes to persons under the age of 21. It should be noted that the costs to plan for and to create a safe harbor program, store and destroy ESDs, including the hazardous nicotine waste contained in these devices, are unknown and unfunded. SB1423 RELATING TO PAYMENT OF BAIL. This bill allows defendants for whom a monetary amount of bail has been set, to pay the bail amount seven-days-a-week on a twenty-four-hour basis and be released from custody upon posting or payment of bail. Rationale: This bill is redundant to bail reform provisions within HB1552 Relating to Public Safety and is unnecessary. It requires the Department of Public Safety to establish a process to collect bail funds on a 24/7 basis without additional funding to staff and support this new mandate. SB1459 RELATING TO THE STATE SURFING COMMISSION. This bill establishes a temporary State Commission on Surfing within the Department of Accounting and General Services (DAGS) to promote surfing internationally and within the state. Rationale: While the Administration supports the promotion of surfing, the purpose of the commission is clearly outside of DAG’s mission of delivering quality support services in the areas of physical, financial and technical infrastructure support for state departments and agencies. Additionally, no funds were appropriated for this bill, making it extremely difficult for the commission to operate. Legislation can be introduced next session to establish the commission in a more appropriate department and provide the necessary funding to successfully operate the commission. SB1530 RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY. This measure would convert the means of financing for the Hawaiʻi Community Development Authority (HCDA) staff from the Hawaiʻi Community Development revolving fund to the general fund. This is contingent upon HCDA developing a plan to transfer control of the Kakaʻako Community Development District to the City and County of Honolulu. Rationale: The tight timeline to complete the required work to meet the conversion requirements could potentially threaten funding for 13 HCDA positions in the third quarter of the upcoming fiscal year. This could cause instability over the biennium and force a temporary reduction in force. HCDA is committed to developing a comprehensive transition plan to transfer control of the Kakaʻako Community Development District to the City and County of Honolulu and propose legislation for next year’s legislative session. #VetoList #Davidige #Governorige #HawaiiStateconstitution #HawaiiSenate #HawaiiHouseofRepresentatives #HawaiiSenateMajority