HONOLULU — Gov. Josh Green announced on Friday that he intends to veto 11 bills passed by the state Legislature this year.
Some of the vetoes are due to redundancies with existing statutes, others for matters of cost, practicality or unintended negative consequences, according to justifications provided by the governor’s office for each intended veto.
Green has until July 11 to issue final vetoes. By law, he is not legally obligated to veto each bill on the intent-to-veto list, but all bills not included on the list will be automatically enacted on July 11, with or without his signature.
“These decisions are not taken lightly,” Green said. “My views on the bills listed here are based on legal considerations, impacts to the public and residents, and efficient government operations.”
House Speaker Scott Saiki signaled the House likely will not seek to overturn the governor’s vetoes.
“The House members will need to caucus to discuss the bills identified in the Governor’s veto list,” Saiki said in a statement released on Friday. “At first glance, it does not appear that these vetoes would necessitate an override vote. The Legislature may continue its work on these bills for the 2024 Legislative Session.”
Green notified the Legislature of his intent to veto the following bills.
House Bill 153, House Draft 1, Senate Draft 1, Conference Draft 1 would add a minimum penalty of $50 and a maximum penalty of $60,000 per violation of the State Water Code, assessed daily, and require the Commission on Water Resource Management to determine the amount of the penalty based on the circumstances of the violation. Green said that, if enacted, the fines “may curtail and discourage housing developments across Hawaii. Boards of water supply across all counties would almost immediately apply such fines to developments guilty of over-pumping water. Without a graduated schedule or a set of guidelines for penalties and fines, this significant increase appears both arbitrary and discretionary.”
HB 475, HD1, SD2, CD1, would establish the Art in Private Places Pilot Program and Special Account and clarify the scope of the State Foundation on Culture and the Arts’ responsibilities to include administration of the pilot program. The Green administration contends that the use of state-owned artwork purchased from the Works of Art special fund to support non-state individuals, businesses or entities goes against the original intent of Art in Public Places law. “This legislation may violate Article VII, Section Four of the Hawaii State Constitution, which prohibits the appropriation of public property for any use beyond a public purpose,” Green’s justification stated. “Furthermore, the enaction of this bill into law may compromise the state’s tax-exempt bond program, negatively impact our bondholders and the state, increasing debt service costs and tarnishing the state’s financial reputation.”
Senate Bill 814, SD 2, HD2, CD1 would require the Office of Enterprise Technology Services, in consultation with the Office of Language Access and a working group comprising stakeholders, to develop, publish and periodically review and update electronic information technology multilingual accessibility standards to be implemented by all state entities. The bill would appropriate funds for one full-time equivalent position. Green said that while the bill requires branches of government and entities outside of the Office of Enterprise Technology Services’ authority to follow ETS standards, state agencies need discretion to provide language access in a cost-effective manner. As Green noted, there are approximately 600 Information Technology systems statewide and implementation for this effort would lead to increased costs and impede modernization efforts across the state’s IT systems.
SB 945, SD2, HD2, CD2 would establish within the Department of Commerce and Consumer Affairs Division of Financial Institutions, a program for the licensure, regulation, and oversight of special purpose digital currency companies. The measure would extend operations of companies in the Digital Currency Innovation Lab under certain circumstances. Green said the bill does not provide funds to enact the legislation’s purpose, as has been requested by the Department of Commerce and Consumer Affairs. Funds would need to be allocated from the Compliance Resolution Fund, which is not typically used to start new programs. Regulatory and oversight provisions of the bill may not be sufficient to provide consumer protection for residents, according to the administration.
HB 964, HD1, SD2, CD1 would establish a $10 fee for the issuance of an apostille or non-apostille certification and establish the apostilles and certifications special fund. It would further authorize the Office of the Lieutenant Governor to expend moneys in the fund for operational expenses and appropriate funds into the special fund. The administration took issue with the fee increase from $1 to $10, stating, “this is a large increase to the cost of a public service and disproportionally impacts educational and community groups who rely on this essential government service.”
HB 999, HD1, SD2, CD1 would amend the composition of the Hawaii Technology Development Corporation Board of Directors to remove an appointed member of the University of Hawaii or its designated representative and add the chair of the UH Board of Regents, unless the chair, with the approval of the Board of Regents, designates another regent to serve. It would also establish a public policy framework that addresses state goals in the area of economic diversification, appropriate funds to the HTDC to implement specific projects that address those goals and require the HTDC to submit annual reports to the legislature. According to the administration, the proposed change to the HTDC board in not needed. Green said that despite support for the economic diversification measures envisioned through this legislation, the proposed modifications to the HTDC Board of Directors are too substantial.
SB 1079, SD1, HD1, CD1 would require that courts, upon application, expunge records of convictions, if the sentencing occurred before 1998, for first-time offenses involving operating a vehicle after consuming a measurable amount of alcohol while under the age of 21 years and certain property offenses. According to the attorney general, however, the two laws referenced in the bill were enacted after 1998, thus rendering the bill ineffectual.
HB 1088, HD1, SD1, CD1 would amend the conditions, manner, and areas in which the Department of Land and Natural Resources’ the Commission on Water Resource Management can declare and provide notice of water shortages and emergencies. The administration contends the commission’s existing powers are sufficient to address emergency situations. It noted that the commission is still developing a water shortage plan “which is a critical foundation for any future strategy concerning water shortage emergencies.”
HB 1090, HD1, SD1, CD1 would specify the methods by which the Department of Land and Natural Resources can issue new ocean recreation commercial permits and renew existing ocean recreation commercial permits. It also specifies that new permits for ocean recreation management areas and facilities where a permit limit is implemented, shall be issued by the method and order set specified, until the limit is reached. The bill would also establish seniority as the basis for renewal of existing permits in ocean recreation management areas and facilities where a permit limit is implemented until the limit is reached. “Hawaii must strategically regulate commercial uses across our shared ocean for the perpetuation of our natural and cultural resources,” Green said in his justification for the veto. “While the recreation commercial permitting system requires reform, our state needs to take a balanced, concerted approach so that fishermen, hundreds of local jobs, and several businesses across our islands are not adversely impacted by the sudden change in ocean recreation commercial permits.
SB 1518, SD2, HD3, CD1 would provide procurement exemptions for the Department of Education for certain goods, services, and construction. The bill would sunset on June 30, 2026. The administration holds that existing guidelines under a singular procurement code provide for an open and transparent process and that procurement should be uniform for all statewide government entities. ”If the Department of Education has specific goods or services which it believes should not apply to competitive procurement, then existing statute and administrative rules already provide guidelines for such exemptions,” the governor’s justification for veto stated. “If enacted, this bill will decrease efficiency, create administrative burdens, limit competition, and open unfair advantages to certain vendors.”
SB 1586, SD1, HD2, CD1 would appropriate funds to UH to establish five administrative, professional, and technical full-time equivalent positions at the College of Tropical Agriculture and Human Resources. Green said that while he supports the intent of the bill, “this legislation may conflict with statutes related to classification of employees at University of Hawaii because the positions proposed in the bill are inappropriately listed as administrative, professional, and technical positions, when positions of this type are faculty-level positions.
Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.