"A Healthy Workforce"


Do you have or are interested in a worksite wellness program? If so, click on the "survey" link.
     
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. 

     
Upcoming Chamber Committee Meetings

Human Resources
April 16

Environmental Affairs
April 17

Health Issues
April 24

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 & future meeting dates, click
here.

     
Business Advocacy & Government Affairs Staff

Sherry Menor-McNamara, Vice President
Ian Robertson, Policy Analyst
Courtney Menard, Intern
Liliya Paraketsova, Intern



  March 20, 2008

      Volume I, Issue 5

     
Inside this issue
 
 

Legislative Update

 
 


Bills that will increase the cost of doing business still alive
Participate: Enhance Your Stance!


Dear Chamber Member
:

Bills that will impact the cost of doing business as well as affect Hawaii's place to do business are still moving through the legislative process (see "Bill Update" section). New bills that have been placed on the high alert list are SB 2829 and HB 2942. Essentially, these bills provide for an automatic repeal of state tax credits and exemptions.     

We have reached the critical stage of the legislative process.  Some of the bills are up for hearings in the final committee; others are conference bound (both houses work out differences. No testimonies allowed during this time); or are on the fast-track, which means if the Legislature sends the bill up to the Governor's office by April 14, the Governor vetoes the bill, the Legislature can still override the bill during session. 

Without an elevated effort to stop these bills, they will continue to move and if passed, will inevitably increase the cost of doing business. Therefore, we are reaching out to you to get involved and take action.

This is the time to voice your concerns. The more voices at the Capitol, the more attention we bring to the issue. You can get involved in the following ways:

SUBMIT TESTIMONY
CALL YOUR LEGISLATORS
ATTEND HEARINGS
ATTEND THE CHAMBER'S CAPITOL WALK AROUND (APRIL 4 AND 25)

Due to the fast-paced nature of the legislative process, we encourage you to visit the 
Legislative Action Center on a daily basis. Action Alerts will be posted when your action is needed. The Center provides talking points and sample testimonies, as well as allows you to send letters and testimonies directly from the site.  All you have to do is fill out your information and click SEND.    

We look forward to hearing your voice at the Capitol.  

 

Sincerely,
The Chamber's Business Advocacy Team
"Voice of Business" at the State Capitol
   


 

 

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Bill Status on Priority Bills

 
 


 
UPDATE

SB 2829 & HB 2974 have been added to the list.

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.  

Click on the "bill number," "status," and "testimony" for more information:

HB 1745 HD3 (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. 
CHAMBER POSITION
Oppose.

STATUS

  • 2/23/07: FIN deferred the measure.
  • 8/27/07: Carried over to 2008 Regular Session. 
  • 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. 
  • Referred to Senate JDL.
  • JDL Hearing: 3/19 at 10:00 a.m. Chamber submitted testimony. Passed w/amendments (technical and $1 penalty amount).
  • Conference bill.


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 that 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 is what create jobs, and will further undermine Hawaii's efforts to become a business-friendly state. 




HB1969 HD1
Workers' Compensation
DESCRIPTION:  Exempts sole proprietors and LLCs and LLPs from purchasing workers' compensation coverage. 
CHAMBER POSITIONSupport. 

STATUS

  • 1/22: LAB hearing at 8:30 a.m. Chamber submitted testimony.
  • 1/25: Passed w/amendments (inserted defective date). 
  • 1/30: Referred to CPC.
  • 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. 
  • Referred to Senate CPH, JDL. CPH did not schedule by deadline. 
  • Dead at this time.

 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. 
CHAMBER POSITION
Oppose.

STATUS

  • 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.
  • Referred to Senate JDL, WAM.
  • 3/17: Senate JDL Hearing at 9:00 a.m. in Room 016. Chamber submitted testimony. Passed with amendments (Comm. Report: SCR 3090).
  • Referred to WAM.

 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. (JDL, WAM)
CHAMBER POSITION: 
Oppose.

STATUS

  • 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.
  • Referred to Senate JDL, WAM.
  • 3/17: Senate JDL Hearing at 9:00 a.m. in Room 016. Chamber submitted testimony. Passed with amendments (Comm. Report: SCR 3088).
  • Referred to WAM.

 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, SD1
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. (HSH/JDL, WAM)
CHAMBER POSITION: Oppose. Support SD1 version.

STATUS

  • 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.
  • Referred to Senate HSP/JDL, WAM.
  • 3/13: HSP/JDL Hearing at 1:15 p.m. in Room 016. Chamber submitted testimony. Passed with amendments (Comm. Report: SCR 3076). 
  • Referred to WAM.

 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. (JDL)
CHAMBER POSITIONOppose.

STATUS

  • 1/29: LAB hearing at 8:30 a.m.
  • 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.
  • Referred to Senate JDL.
  • JDL Hearing on 3/19. Chamber submitted testimony. Passed with amendments.

 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.
 





HB 2974 HD2
Labor
DESCRIPTION:  Certifies entities as exclusive representatives absent an election where no other representatives are certified as the exclusive representatives. Requires immediate collective bargaining between parties once entities are certified as exclusive representatives. Effective 07/01/2059. (LAB, FIN)
STATUS: Passed the Senate Judiciary and Labor Committee unamended.
CHAMBER POSITION: Oppose.

STATUS

  • 3/19: JDL Hearing on 3/19. Chamber submitted testimony. Passed unamended.

 What This Bill Means To You

This bill removes the employees' fundamental right to cast their vote privately. Secret balloting. The Chamber does not believe this bill is fair because secret balloting is part of the democratic process which ensures fairness and the freedom of choice.
 





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.
CHAMBER POSITIONSupport.

STATUS

  • 2/14: ENE/TIA hearing at 2:00 p.m. Chamber submitted testimony. Passed w/amendments (Comm. Report: SCR 2519). 
  • 2/15: Referred to JDL.
  • 2/27: Decision making at 10:00 a.m. Chamber submitted comments. Passed w/amendments (Comm. Report: SCR 2866).
  • 3/4: Passed 3rd Reading. 
  • Referred to House ENE/JUD. 

 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.  
      




SB 2829 SD2 HD1
HB 2942 HD1
Taxation
DESCRIPTION:  Requires the Department of Taxation and Department of Human Services to evaluate certain tax credits and tax exemptions and report to the Legislature. Provides for automatic repeal of the tax credits and tax exemptions. Provides penalty for excessive amounts filed for tax refunds and credits.  
CHAMBER POSITION
Oppose.

STATUS (SB 2829)

  • 3/18: House EDB Hearing at 8:45 a.m. Chamber submitted testimony. Passed with amendments (Comm. Report: SCR 1331).
  • Referred to FIN.

STATUS (HB 2942)

  • Referred to EDT/WAM.

 What This Bill Means To You

This bill automatically repeals a majority of tax credits and exemptions. Therefore, if your company currently receives tax credits, you should be concerned about this bill. This blanket repeal may have a serious impact on business and the overal economy. As you knwo, many of the credits and exemptions help stimulate economic activity.
 



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.

* We are also testifying on and tracking subject-matter related bills such as land use, environment, small business, tourism, tax, maritime, and military affairs, and monitoring many more.  Click here for more information.  If you would like additional information, updates, and Action Alerts on specific bills or have questions regarding some of the legislation, please e-mail Sherry at smenor-mcnamara@cochawaii.org.  



 

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Chamber's Legislative Events

 
 

"WALK AROUND AT THE STATE CAPITOL"




Join fellow Chamber members at a "Second Decking" 
WALK AROUND AT THE STATE CAPITOL on Friday, April 4

and

"Final Decking" 
WALK AROUND AT THE STATE CAPITOL on Friday, April 25

Both will be from 10 - 12 p.m.
Meet at the Capitol Rotunda by 9:45 a.m.
RSVP: Courtney at cmenard@cochawaii.org the day before each Walk Around


Time is running out.  These "Walk Arounds" will be the last chances to voice our concerns as a collective group to the legislators.  Each moment counts.  Feel free to join us even if it's for 15, 30, or 45 minutes.  Your voice is critical in the legislative process.  The more voices at the Capitol, the more attention we bring to the issues that affect business.  

Participate: Enhance Your Stance!

 

If you have any questions, please feel free to call Sherry at 545-4300, x394.  Thank you and we hope to see you.

 

 


 

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Member Advocate of the Week

 
 

An advocate is a member company who has responded to Action Alerts and has actively engaged in legislative activities.  We are proud to feature our advocate, Honolulu Star-Bulletin (www.starbulletin.com) / MidWeek (http://www.midweek.com/).  Mahalo to your organization for playing a role in the Chamber's advocacy efforts!

starbulletin.com


 

 

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Get to Know Your Legislators

 
  Throughout the year and especially during the legislative session, legislators work hard, putting in long hours at the Capitol, listening, conversing, consulting, and drafting bills to implement effective policy by the end of the session (which is why it's important to voice your concerns).    

However, it is also important and fun to know the non-legislative side of legislators.  So, we thought we'd ask them the basics, you know, what's your favorite ______.  

We are pleased to feature the first legislator, Rep. Kirk Caldwell who represents District 24 (Manoa, Moiliili, Punahou, and University).  Click here for Rep. Caldwell's impressive bio.     

Photo of Rep. Caldwell  FAVORITE BOOK
  Whatever I happen to be reading.  I pretty much run the whole range.  I am a big fan of Shakespeare.

 
FAVORITE FOOD
 
Can't beat Zippy's Chili

  FAVORITE QUOTE
 
That's tough.  I have lots.  How about "Carpe diem" from Homer, which is popularly translated from the  
  Latin to mean seize the day?

  
WHAT DO YOU LIKE TO DO IN YOUR SPARE TIME?
Family time, especially with my daughter Maya, surfing, and for some strange reason, yardwork.  The latter gives me a feeling of completion.

Thank you, Rep. Caldwell, for taking the time out of your busy schedule to answer these questions!

* E-mail Sherry at smenor-mcnamara@cochawaii.org if you have any suggestions on other legislators you want to know more about.
 

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Political Fundraisers

 
 
March Fundraisers
 13th     Rep. Dwight Takamine Empress Restaurant, Cultural Plaza
5:30 - 7:30 p.m.
 17th     Rep. Roy Takumi St. Andrew's Priory
6:00 - 8:00 p.m.
 18th     Rep. Scott Nishimoto Ala Wai Elementary School Cafeteria
5:30 - 7:30 p.m.
 19th     Rep. Mark Takai Disabled Veterans Hall, Keehi Lagoon
5:30 - 7:30 p.m.
 20th     Rep. Joseph Souki Outrigger East Hotel, Lobby Conf. Rm. (150 Kaiulani Ave.)
5:30 - 7:30 p.m.
 27th     Rep. Sharon Har Matters of Taste, Gentry Pacific Design Center
5:30 - 7:30 p.m.
 27th     Sen. Lorraine Inouye Bishop Museum Hawaiian Courtyard
5:00 - 7:30 p.m.
 


April Fundraisers




 1st     Rep. Josh Green Che Pasta Restaurant
5:30 - 7:30 p.m.
  2nd   Rep. Kyle Yamashita & Clift Tsuji Matters of Taste, Gentry Pacific Design Center
5:30 - 7:30 p.m.
 3rd     Rep. Jon Riki Karamatsu Bishop Museum (next to the Polynesian Hall)
5:30 - 7:30 p.m.
 7th     Rep. Ken Ito Matters of Taste, Gentry Pacific Design Center
5:30 - 7:30 p.m.
 7th     Rep. John Mizuno St. Andrews Priory Courtyard
5:30 - 7:30 p.m.
  8th     Rep. Jerry Chang Mandalay Restaurant
5:30 - 7:30 p.m.
 9th     Rep. Michael Magaoay St. Andrews Priory Courtyard
5:30 - 7:30 p.m.
 
 9th     Rep. Ryan Yamane Matters of Taste, Gentry Pacific Design Center
5:30 - 7:30 p.m.


Most information were derived from the Democratic Party of Hawaii website.  Information on fundraisers were not available on the Hawaii Republican Party website.  If you have information on additional fundraisers, please call (808) 545-4300, x394. 

* Please note that The Chamber of Commerce of Hawaii does not endorse candidates.  This is for informational purposes only.
 

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Legislative Information

 
  Legislative Deadlines
February 28: Deadline to File Second Reading Bills
February 29: First Decking 
March 4: Floor Vote

March 6: First Crossover
March 20: Second Lateral
April 4: Second Decking
April 10: Second Crossover and Disagree
April 24 & 25: Final Decking (non-fiscal and fiscal bills, respectively)
April 29: Floor Vote on Most Bills
May 1: Last Day of Session
* for definitions on the above terms, visit, "Information on the Legislative Process" listed below.
 
Legislative Committees Acronyms
House
CPC: Consumer Protection & COmmerce
FIN: Finance
HLT: Health
HSH: Human Services & Housing 
LAB: Labor & Pubic Employment
WAM: Ways and Means

Senate
CPH: Commerce, Consumer Protection, and Affordable Housing
EDU: Education
ENE: Energy & Environment
HSP: Human Services & Public Housing
JDL: Judiciary and Labor

Legislative Information
General Information on the State Legislature
House of Representatives Contact List
Senate Contact List
Information on the Legislative Process 
Sign-up for Hearing Notices
 

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California Container Tax Bill is Back: $68 million in Additional Costs

 
  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 OF THE ESSENCE.  Send letters to Governor Lingle and Hawaii's congressional delegation, as well as the Governor of California.   VoterVoice