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2021 Special Session Veto Override and Amended Measures

by Thunda

On Tuesday, July 6, and Thursday, July 8, 2021, the House and Senate convened for the 2021 Special Session. The chambers elected to override a total of eight bills and amend three from the Governor’s Intent to Veto list. Listed below is a full list of the measures that were overridden and amended. For more information, please visit the Legislature’s website.

Veto Override Measures

HB338 HD1 CD1: Relating to the Judiciary

Requires an appellate court to conduct a hearing when a conflict of interest pertaining to a judge or justice is alleged by motion of a party to any suit, action, or proceeding of the appellate court.

HB862 HD2 SD2 CD1: Relating to State Government

Abolishes the office of aerospace development, aerospace advisory committee, and Hawaii unmanned aerial systems test site advisory board. Transfers administration of the Pacific international space center for exploration systems from DBEDT to the University of Hawaii at Hilo. Transfers the administration of and the budget for the Challenger center Hawaii program from the office of aerospace development to DOE. Decreases transient accommodations tax allocation to the convention center enterprise special fund. Repeals transient accommodation tax allocation to the counties. Authorizes the counties to establish a county transient accommodations tax at a rate not to exceed three per cent. Effective 1/1/2022, repeals the tourism special fund and repeals certain compensation package limits for the president and chief executive officer of HTA. Repeals the HTA’s exemption from the public procurement code. Makes an appropriation for HTA.

SB263 SD2 HD2 CD1: Relating to Economic Development

Transfers oversight of the “Hawaii Made” program for manufactured products and the “Hawaii Made” trademark to the department of business, economic development, and tourism. Outlines the department of business, economic development, and tourism’s duties and responsibilities for oversight of the “Hawaii Made” program for manufactured products. Appropriates federal funds to the department of business, economic development, and tourism.

SB404 HD2 CD1: Relating to Electioneering Communications

Lowers the monetary threshold that triggers disclosure of electioneering communications. Repeals the requirement that disclosures of electioneering communications occur on the date of any subsequent expenditures. Classifies election advertisements sent by mail at any postal rate as electioneering communications. Exempts communications that are actual expenditures of an organization from being considered electioneering communications. Excludes candidate and candidate committees from the disclosure requirements. Applies beginning with the 2022 primary election.

SB639 SD1 HD1 CD1: Relating to Courts of Appeal

Prohibits courts of appeal from affirming, modifying, reversing, or vacating a matter on grounds other than those raised by the parties to the proceeding, unless the parties are provided the opportunity to brief the court. Requires a rehearing if the courts fail to afford the opportunity for parties to submit supplemental briefing.

SB807 SD2 HD2 CD1: Relating to Education

Requires each school’s academic plan to include a clear accounting of all resources that will be allocated to address and achieve each measurable outcome; the school’s priority improvement strategies and measures to determine progress; student growth indicators; information about programs intended to address social and economic conditions that adversely impact student learning; a breakdown of certain teacher vacancy data; average class sizes for all regular education, special education, and contentbased Englishlanguage learning classes; and teacher workforce experience metrics. Requires the department of education to submit an annual report on the school academic and financial plans to the board of education and the legislature.

SB811 HD1 CD1: Relating to the Department of Education

Requires the department of education to publish a weekly report on schools that have reported positive COVID-19 cases.

SB1387 SD1 HD2 CD1: Relating to Microchip Identification

Requires dog and cat owners to microchip their pets. Takes effect 1/1/2022.

Amended Measures

HB54 HD1 SD1 CD1 AD1: Relating to the State Budget

Effective 6/30/2021, appropriates moneys for deposit into the emergency and budget reserve fund and makes payments for other post-employment benefits. Appropriates moneys for debt service for fiscal biennium 2021-2023.

HB1299 HD1 SD1 CD1 AD1: Relating to Non-General Funds

Repeals various non-general funds of the Department of Agriculture; Department of Accounting and General Services; Department of Business, Economic Development, and Tourism; Department of Education; Department of Health; Department of Labor and Industrial Relations; Department of Land and Natural Resources; Department of Human Services; Department of Public Safety; Department of Commerce and Consumer Affairs; University of Hawaii; Department of the Attorney General; and Department of Transportation. Implements recommendations of the auditor. Transfers most unencumbered balances to the credit of the general fund.

SB589 SD2 HD2 CD1 AD1: Relating to the University of Hawaii

PART I – Establishes the University of Hawaii (UH) Cancer Research Center in statute as the Cancer Research Center of Hawaii. Requires the Director of the Cancer Research Center to be appointed in accordance with the Board of Regents policy. Requires the Cancer Research Center to be administratively affiliated with the John A. Burns School of Medicine to achieve greater efficiency. PART II – Requires UH to develop a plan for the School of Medicine and Cancer Research Center to achieve greater operational efficiencies. Requires the UH President to submit a progress report to the Legislature before the 2023 regular session. PART III – Extends the sunset of Act 38, SLH 2017, exempting UH’s technology transfer activities from certain provisions of the state ethics code to 6/30/2024. Prohibits technology transfer activities in which UH employees have a conflict of interest. Requires Board of Regents to report employee conflicts to the Legislature. PART IV – Temporarily reenacts provisions of Act 39, SLH 2017, reestablishing UH’s innovation and commercialization initiative program to 6/30/2024. Prohibits program activities in which UH employees have a conflict of interest. Requires UH to report employee conflicts to the Legislature. PART V – Temporarily repeals changes made by Act 42, SLH 2018, allowing the UH president to act as UH’s Chief Procurement Officer for procurement contracts under chapter 103D, HRS, until 6/30/2024.

The Hawaiʻi State Senate adjourned its veto override session that began on July 6. In addition to the actions taken on Tuesday, the Senate approved three-floor amendments to meet the Governor’s objections in his veto messages for HB54, HB1299, and SB589.

The chamber also moved to override the veto for HB53.

Since convening on Tuesday, the Hawaiʻi State Legislature has taken the following actions:

Six Veto Overrides:

“Of the twenty-six bills that were vetoed by the Governor, the Senate and House overrode six vetoed bills,” said Senate President Ronald D. Kouchi (District 8 – Kauaʻi and Niʻihau). The Governor has until Thursday, July 22 to act on HB1299 and SB589.

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