Legislative Action Center

 ACTION ALERT!


Click above to SEND A MESSAGE TO YOUR LEGISLATORS

     
Business Advocacy & Government Affairs Staff

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




  April 24, 2008

           Volume I, Issue 10

     
Inside this issue
 
 

Legislative Update

 
 


One More Week Left...The Last Push

Participate: Enhance Your Stance!



Dear Chamber Member
:

Only 1 week remains until the Legislature adjourns. 

As of today, HB 2974 ('Card Check' bill) is still in veto status.  The inclination of the Legislature is to not to override the veto, however, we must continue to stay vigilant and get as many voices heard at the Capitol up until the last day of session. If you haven't, please TAKE ACTION by c
licking here to send a "do not override the veto" letter to your legislators (pre-written message provided).  

On Tuesday, the House and Senate will be voting on bills that have made it out of conference. Therefore, we only have a couple of days to TAKE ACTION and ask the legislators to support our position on key bills (see "Bill Status" section). Click here to send a letter to your legislators asking for their support (pre-written message provided).

Finally, it's not too late to join us on the "Walk Around" at the State Capitol, tomorrow, April 25 (see below for details). This is the last opportunity to visit in-person as a group. The bigger the group, the more attention we bring to the issues.


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


 

 

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Bill Status on Priority Bills

 
 


Conference Bills


HB 1745 HD3 SD1 
STATUS
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. Imposes a $1 penalty fee.
CHAMBER POSITION
Oppose.
CONFERENCE STATUS:  No House conferees assigned.  Senate conferees discharged.



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. 



HB2929 HD1 SD1
STATUS
Workers' Compensation
DESCRIPTION:  Requires independent medical examinations and permanent impairment rating examinations to be performed by mutually agreed upon physicians. Effective 07/01/2008. Sunset 7/01/2011. (SD1)
CHAMBER POSITIONOppose.
CONFERENCE STATUS:  House agreed to Senate amendments. Passed.


 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.
 




HB2386 SD2
STATUS
Workers' Compensation
DESCRIPTION:  Requires an employer to pay temporary total disability 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. Convenes a working group. Effective upon approval for the convening of the working group; 7/1/2050 if there is consensus among the working group; and 7/1/2009 if there is no consensus in any case. (SD2). [conference draft not available]
CHAMBER POSITION: 
Oppose.
CONFERENCE STATUS:  Passed.  Conference draft not available yet.

 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.  The Chamber supports the intent of the working group, however, believes that the bill should include language that requires the group to come up with a compromise bill in order to become effective July 1, 009. If the group is unable to, then the original language in the bill does not take effect.   




HB2388 HD1 SD2
STATUS
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. Creates a working group to recommend if treatment should be continued during dispute. Eff 7/1/2009. Working group effective upon approval. (HB2388 SD2) [conference draft not available]
CHAMBER POSITION: 
Oppose.
CONFERENCE STATUS:  Passed. Conference draft not available yet.

 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. Therefore, the Chamber supports the intent of the working group, however, believes that the bill should include language that requires the group to come up with a compromise bill in order to become effective July 1, 009. If the group is unable to, then the original language in the bill does not take effect. 




HB2520 HD3 SD1
STATUS
Caregivers
DESCRIPTION:  Creates a working group to explore various funding mechanisms that could potentially support family caregivers. (HB2520 SD2)
CHAMBER POSITION: Oppose. Support SD1 version.
CONFERENCE STATUS:  The initial CD1 proposed language that combined both the HD3 and SD1 versions.  The proposed CD1 removes the HD3 language, but keeps the "working group" concept in the bill. Passed.

 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 HD1
STATUS
EIS
DESCRIPTION:  Clarifies that when 2 or more agencies have jurisdiction, the office of environmental quality control shall determine which agency has the responsibility of preparing an environmental assessment after consultation with and assistance from the affected state or county agencies. Makes clarifications to the rulemaking powers of the environmental council. (SB2808 HD1)
CHAMBER POSITIONSupport.
CONFERENCE STATUS:  Senate Conference Committee moved to agree with the House amendments. Passed.

 What This Bill Means To You

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 HD2
STATUS
Taxation
DESCRIPTION:  Requires the Department of Taxation 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.  (SB2829 HD2)  
CHAMBER POSITION
Oppose.
CONFERENCE STATUS:  Conference draft removed the automatic repeal. Reconvening today @ 3:00 p.m.

 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"





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

10 a.m. - 12 p.m.
Meet at the Capitol Rotunda by 9:45 a.m.

Time is running out.  This "Walk Around" will be the last chance 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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Political Fundraisers

 
 


April Fundraisers

23rd Rep. Lyla Berg

 St. Andrew's Priory School
Ylang Ylang Courtyard (224 Queen Emma Square)
5:30 - 7:30 p.m.

  28th Rep. Faye Hanohano
Rep. Mele Carroll
Rep. Angus McKelvey

 St. Andrew's Priory School
Ylang Ylang Courtyard (224 Queen Emma Square)
5:30 - 7:30 p.m.

 30th Sen. Will Espero

 Mandalay Restaurant
5:00 - 7:00 p.m.

 30th Rep. Lynne Finnegan

Diamond Head Grill
6:30 - 8:30 p.m.


May Fundraisers


1st Sen. Jill Tokuda

  Mandalay Restaurant
5:00 - 7:00 p.m.

   5th Senate President Colleen Hanabusa

DAV Hall, Ke'ehi Lagoon
5:30 - 7:30 p.m.
 



Most information were derived from the Democratic Party of Hawaii and Hawaii Republican Party websites.  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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Additional Resources and Events

 
 

Sustainable Business in Hawaii
Find information on this page of the Chamber's website that provides links to energy efficiency and sustainability in Hawaii.  The Chamber encourages members to become for energy efficient and sustainable.  Each year, the Chamber's Environmental Affairs Committee conducts a forum related to energy efficiency and sustainability.  The next one will be held in the fall.

Hawaii Green Business Program
Did you know that the Chamber is a partner in the Green Business Program?  This program recognizes businesses that operate in an environmentally responsible way and encourages businesses to go beyong compliance to conserve energy, water and other resources, adn to reduce pollution and waste.  

The Honolulu Advertiser's, "Guide to the Hawaii Legislature 2008"
Find the latest legislative news, roster, resources, and blogs.

JEMS: On-line Job Bank for Companies and Military Job Seekers
Looking for employees?  JEMS is a free, easy and a great resources for companies and military job seekers.  It is a family readiness initiatve funded by Hawaii's Navy, Marine Corps and Coast Guard to support and enhance their service members' quality of life.  Go to www.JEMSjobs.com or call 473-0190 to find out more.  

HAWAII BUSINESS HEALTH COUNCIL CONFERENCE (May 6th, 9 - 1 p.m.)
TOPIC: Trends in Consumer Engagement & Employee Behavior Change Management: Value Based Benefit Design
GUEST SPEAKERS: 
- David Grooves (MGM Mirage): Innovations in Employee Programs
- Tonya Vyhlidal (Lincoln Plating): Engaging Your Employees and Build a Healthy Culture
- Dan Garrett (American Health Care): Options that Produce an ROI
- Expert Panel: Employers-How Do I Get Started
CONTACT: Gary at 372-9576

 





 

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