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
"Card Check" Bill on Governor's Desk. Legislature May Still Override Potential Veto During Session.
Participate: Enhance Your Stance!
Dear Chamber Member:
One of the bills that needs your URGENT attention and participation is the CARD CHECK bill, HB 2974, which denies employees the right to a secret ballot election. In fact, in a national survey, over 80% of those sampled agreed that every worker has a right to a secret ballot election. Also, the bill forces arbitration if the employer and union cannot come to an agreement within a certain time period.
Please ask Governor Lingle to veto the bill and your legislators to sustain the veto. The Governor has until April 14 to veto the bill. If she does, the Legislature can still override the bill during session. This bill could potentially become law within the next couple of weeks, so take action now. Click here to send a veto letter to the Governor AND here to your legislators.
Although the bill currently applies to limited categories such as agricultural employers, and small businesses and non-profits with less than $500,000 in gross annual revenues and not involved in interstate commerce (click here to see additional categories), it sets a precedence and provides momentum towards the national movement which will have far-reaching implications and change the scope of how business is done. In principle, every person has and should have the fundamental right to a secret ballot.
Also, bills that will impact the cost of doing business as well as affect Hawaii's reputation as a place to do business are still moving through the legislative process (see "Bill Update" section). Without an elevated effort to stop these bills, they will continue to move and if passed, will inevitably increase the cost of doing business.
Now that the hearing and the public testimony period is over, it is even more imperative that your legislators hear from you as this is the only option left to voice your concern. Therefore, we strongly urge you to get involved and take action.
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 and letters, 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.
You vote for yor legislators, so make sure they hear from you. Inaction could cost more if the business voice continues to be silent. The more voices, the more attention we bring to the issue. We look forward to hearing your voice at the Capitol.
Sincerely, The Chamber's Business Advocacy Team "Voice of Business" at the State Capitol
Click on the "bill number," "status," and "testimony" for more information.
Fast Track
(Governor has until the 14th to veto. If she does, the Legislature can still override the bill.)
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) CHAMBER POSITION: Oppose.
3/19: JDL Hearing on 3/19. Chamber submitted testimony. Passed unamended.
3/25: Voted out of the Senate.
Fast-track bill.
What This Bill Means To You
This bill removes the employees' fundamental right to cast their vote privately. 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.
HB2929 HD1, SD1 Workers' Compensation DESCRIPTION: Requires independent medical examinations and Permanent Impairment Rating Examinations to be performed by mutually agreed upon physicians. (JDL) 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.
Referred to Senate JDL.
JDL Hearing on 3/19. Chamber submitted testimony. Passed with amendments (SD1 bill and committee report not available yet).
Potential fast-track bill.
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.
Potential conference bound...
Please note today is the deadline to file Second Reading bills, so most of the committee reports and latest versions of the bills are not available yet.
HB1745 HD3SD1 (SD1 bill and committee report not available yet) Employment ("Successor Employer") 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.
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).
Appears to be a 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.
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.
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.
4/1: WAM Hearing. Chamber submitted testimony. Passed with amendments.
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.
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.
3/27 WAM Hearing: Decision-making deferred to Tuesday.
4/1: WAM Hearing. Chamber submitted testimony. Passed with amendments.
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.
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).
4/1: WAM Hearing. Chamber submitted testimony. Passed with amendments.
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.
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 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.
Referred to House ENE/JUD (needs to schedule hearing by Monday in order to stay alive).
4/1: ENE/JUD Hearing. Chamber submitted testimony. Passed with amendments.
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.
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.
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.
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, EyeSight Hawaii (www.eyesighthawaii.com). Mahalo to your organization for playing a role in the Chamber's advocacy efforts!
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.
30th Sen. Will Espero
Mandalay Restaurant 5:00 - 7:00 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.
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
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
Dear Chamber Member:
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. 