"Bagels and Bills" Legislative Update Session Monday, March 24 8:00 - 9:00 a.m.
Upcoming Chamber Committee Meetings
Human Resources March 19 at noon
Environmental Affairs March 20
Health Issues March 27 at noon
For more details on the meetings, please call Sherry Menor-McNamara at (808) 545-4300, x394.
If you are not a committee member yet, join one of the Chamber's committees today. Here is your opportunity to help set the organization's agenda and work with other business leaders to address critical issues, represent members' interests, and improve the state's overall business climate.
For a complete listing of Chamber committees & additional information, click here.
Small Business Coalition
Be a part of this coalition. Your voice at the Capitol speaks volume. If you would like to testify at hearings or be a small business advocate, we're here to assist you. Please e-mail smenor-mcnamara@cochawaii.org for more information.
Business Advocacy & Government Affairs Staff
Sherry Menor-McNamara, Vice President Ian Robertson, Policy Analyst Courtney Menard, Intern Liliya Paraketsova, Intern
Most of the bills that the Chamber has been following and that may impact business have passed and crossed over to the other house. The following is a list of measures that remain alive (see Bill Status section for detailed description):
The countdown begins. We are passed the midpoint. Without your participation, change will not happen. Now is the time to be vigilant and voice your concerns. When hearings are scheduled for these bills, Action Alerts will be sent to you. However, due to the fast-paced nature of the legislative process, we encourage you to visit the Legislative Action Center on a daily basis to find out if your action is needed. Participate: Enhance Your Stance!
If you have any questions, feel free to contact your Business Advocacy Department at (808) 545-4300. We look forward to hearing your voice at the Capitol.
Today is First Crossover. In the next few days, bills will be referred to committees. The Chamber will review crossover bills and identify those that need to be moved to the PRIORITY list. Stay tuned...
The following is a list of some of the key bills that The Chamber of Commerce of Hawaii has identified as those that relate to the Chamber's priority issues and that impact the membership. These bills have passed 3rd reading and crossed over to the other house.
To view the latest version of the bill, click on the bill number. We will be sending Action Alerts on some of these bills:
HB1745 HD2(CARRYOVER BILL FROM THE 2007 LEGISLATIVE SESSION) Employment DESCRIPTION: This measure requires successor employers to retain incumbent employees upon the merger, sale, or transfer of a business establishment that employs over 100 or more persons. (LAB, EDB, FIN) CHAMBER POSITION: Oppose.
2/27: FIN decision-making at 11:00 a.m. No testimony accepted. Passed with amendments (changed defective date to 7/1/2008).
3/4: Passed 3rd Reading.
What This Bill Means To You
In general, this bill requires a successor employer to retain 100% of the incumbent employees unless the new business is substantially dissimilar to the old business or it can prove that HR staffing needs reduction. The Chamber well recognizes the hardship that business failures and ownership changes place on employees. However, we believe this measure will have a reverse effect on employees. Those businesses which would normally be sold to a buyer which can make necessary changes will simply go out of business leading to employees losing their jobs. Or the assets of the business will be sold off leading to employees losing their jobs. Overall, this measure serves as a disincentive for capital investment, which create jobs.
HB1969 HD1 Workers' Compensation DESCRIPTION: Exempts sole proprietors and LLCs and LLPs from purchasing workers' compensation coverage. (Committee Referral: LAB, CPC, FIN) CHAMBER POSITION: Support.
2/4: CPC Committee hearing on 2/4 at 2:00 p.m. Chamber submitted testimony. Passed the measure unamended.
2/23: FIN hearing on 2/26 at 4:30 p.m. Chamber submitted testimony. Passed the measure unamended.
3/4: Passed 3rd Reading.
What This Bill Means To You
This bill exempts sole proprietors and partners of LLCs and LLPs from workers' compensation coverage. The Chamber believes this bill is consistent with the intent of protecting employees while helping small businesses reduce overhead costs.
HB2386 Workers' Compensation DESCRIPTION: Requires an employer to pay temporary total disability (TTD) benefits regardless of whether the employer controverts the right to benefits. Specifies that the employee's ability to return to work is to be decided by the employee's treating physician. (LAB, FIN) CHAMBER POSITION: Oppose.
2/5: LAB hearing at 8:30 a.m. Chamber submitted testimony.
2/12: Passed the measure unamended (Comm. Report: SCR 524-08).
2/15: Referred to FIN.
2/26: FIN hearing at 4:30 p.m. Chamber submitted testimony. Passed the measure unamended.
3/4: Passed 3rd Reading.
What This Bill Means To You
This bill requires an employer to pay TTD benefits regardless of whether the employer controverts the right to benefits. Although we understand the intent of this bill, we believe this bill may serve as a disincentive to return to work. If this happens, it will hurt small businesses which operate on limited resources. Also, the bill only allows an employee to file a request for hearing, not an employer.
HB2388 Workers' Compensation DESCRIPTION: Requires the employer to continue medical services to an injured employee despite disputes over whether treatment should be continued, until the director of labor and industrial relations decides whether treatment should be continued. (LAB, FIN) CHAMBER POSITION:Oppose.
2/5: LAB hearing at 8:30 a.m. Chamber submitted testimony. Passed the measure unamended (Comm. Report: SCR 525-08).
2/15: Referred to FIN.
2/26: FIN hearing at 4:30 p.m. Chamber submitted testimony. Passed the measure unamended.
3/4: Passed 3rd Reading.
What This Bill Means To You
This bill requires an employer to continue medical services to an employee regardless of disputable treatments. Although we understand the intent of this bill and recognize that workers suffering from work-related injuries deservedly warrant proper and necessary treatment, this measure may cause unintended consequences such as unreasonable and unnecessary treatment for non-related work injuries.
HB2520 HD3 Caregivers DESCRIPTION: Amends the temporary disability insurance law to permit an eligible employee to collect up to four weeks of temporary disability insurance (TDI) benefit payments to care for a family member with a qualifying disability. Effective 07/01/2059. (HLT/HSH, LAB, FIN) CHAMBER POSITION: Oppose.
2/1: HLT/HSH hearing at 8:00 a.m. Chamber submitted testimony. Committees passed the measure with amendments (Comm. Report: SCR 203-08).
2/5: LAB hearing at 8:30 a.m. Chamber submitted testimony. Passed the measure with amendments (Comm. Report: SCR 512-08).
2/15: Referred to FIN.
2/26: FIN hearing at 4:30 p.m. Chamber submitted testimony. Passed the measure with amendments (Comm. Report: SCR 1033-08).
3/4: Passed 3rd Reading.
What This Bill Means To You
This bill amends the TDI law to allow a caregiver to collect TDI payments. The Chamber commends the Legislature for seeking ways to address the current situation of caregivers and supports a statewide effort to address this issue. However, we believe this measure is not the appropriate vehicle and that further study needs to be conducted before implementing major changes to the TDI law. Therefore, the Chamber supports the senate language which creates a working group to discuss legislation that will mitigate unintended consequences. This measure, if passed, will especially impact small businesses because it will undermine their efforts to manage costs while retaining and providing benefits to employees.
HB2929 HD1 Workers' Compensation DESCRIPTION: Requires independent medical examinations and Permanent Impairment Rating Examinations to be performed by mutually agreed upon physicians. (LAB, FIN) CHAMBER POSITION: Oppose.
2/5: Passed with amendments - combined other IME related bills (Comm. Report: SCR 232-08).
2/8: Referred to CPC (CPC did not schedule bill).
2/20: Re-referred to FIN.
2/27: FIN hearing at 11:00 a.m. Chamber submitted testimony. Passed the measure unamended.
3/4: Passed 3rd Reading.
What This Bill Means To You
This bill removes the employer's right to select a physician to conduct an independent medical examination (IME). Rather it requires IMEs to be conducted by mutually agreed upon physicians. The Chamber opposes this measure because we believe the current IME system is fair and balanced. Because most IMEs occur by mutual agreement already, legislation is not needed.
SB2808 SD2 EIS DESCRIPTION: Exempts from environmental assessments, state or county lands that include the use of existing streets roads highways, or trails or bikeways for limited purposes, or a modification or disposal of highway access rights or use, occupancy, or work within a public highway right-of-way to serve private development outside the highway right-of-way, under certain conditions. (ENE/TIA, JDL) CHAMBER POSITION: Support.
2/27: Decision making at 10:00 a.m. Chamber submitted comments. Passed w/amendments (Comm. Report: SCR 2866)
3/4: Passed 3rd Reading.
What This Bill Means To You
This bill exempts from environmental assessments, projects, mainly small business projects, from the EA process. The Chamber supports the need for a comprehensive review of the HRS Chapter 343 relating to the EIS, however, we believe this measure will provide an immediate and short-term solution to clarify when an EA is required. Because of the unintended consequences of recent court decisions, many small business projects, such as those that plan to widen the driveway or other minor improvements are required to prepare an EA because they touch a state or county road right of way. Thus, current projects are experiencing delays and/or incurring increased costs.
For a complete list of bills that The Chamber of Commerce of Hawaii is actively testifying on and tracking and that are still alive, please click here.
The following bills were not scheduled a hearing in the last committee of the originating house, so they are considered dead at this time:
HB2930 HD1 Minimum Wage Increase DESCRIPTION: Increase the state minimum wage to $8.00 beginning 7/1/2009; to $8.50 beginning 7/1/2010; and to $9.00 beginning 7/1/2011. Effective 7/01/2059. (LAB, FIN) CHAMBER POSITION: Oppose.
SB 2699 Public Repair & Maintenance DESCRIPTION: Appropriates funds for the Hawaii 3R's to expedite repair and maintenance in the public schools. (Committee Referral: EDU, WAM) CHAMBER POSITION: Support.
SB2044 SD1 Caregivers DESCRIPTION: Creates a working group to address issues concerning support of family caregivers. (HSP/JDL, WAM) CHAMBER POSITION: Oppose original version. Support SD1 version.
SB2404 SD1 Invasive Species DESCRIPTION: Requires that that 50% of the inspection, quarantine, and eradication service fees and charges collected be allocated to DLNR for the invasive species committees and requires that the fees be used to support facilities or services provided by the state at or related to the applicable port of entry; raises the fee for inspection, quarantine, and eradication of invasive species contained in any marine or air commercial container or non-containerized shipment to $10 per 20-foot equivalent unit per container or other appropriate unit per container or non-containerized shipment. (ENE, WAM) CHAMBER POSITION: Oppose.
Last year, The Chamber of Commerce of Hawaii advocated against a bill that was going through the California State Legislature. SB 974, also known as the California Container Tax bill, imposed a $30 fee on each 20 ft. equivalent unit. This came out to approximately $68 million in additional costs on consumers in Hawaii.
At the last minute, the author of the bill, Senator Lowenthal shelved the bill. We were recently informed that the bill has been removed from the inactive list Because the bill has gone through the process with unanimous support, the bill will soon go for a full Assembly vote. If passed, the bill will be sent to the Governor, who has indicated that he intends to sign the bill into law.
The estimated $68 million, however, is in addition to other fees that have already been approved and will take effect beginning in October and onward. So, Hawaii could face over $100 million in additional fees to ship goods to and from our state.
TIME IS OFF THE ESSENCE. Contact Hawaii's congressional delegation and Governor Lingle, requesting them to ask Governor Schwarzenegger to veto the bill. VoterVoice
HB 1745 HD1 - Employment (carryover bill from 2007 Legislative Session)
Last year, The Chamber of Commerce of Hawaii advocated against a bill that was going through the California State Legislature. SB 974, also known as the California Container Tax bill, imposed a $30 fee on each 20 ft. equivalent unit. This came out to approximately $68 million in additional costs on consumers in Hawaii.