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Gov. Green vetoes 7 bills passed by lawmakers

Six bills in recent danger of being vetoed by Gov. Josh Green have become law after final review and feedback from stakeholders.

Green, who had until today to veto bills passed earlier this year by the Legislature, announced Tuesday that he is vetoing only seven bills from a list of 17 that he previously indicated could be vetoed due to concerns.

The governor also used his line-item veto power to reduce appropriations in four bills that were on the veto intent list and are now enacted with less funding, including one measure that would have deposited $300 million into the state’s “rainy day” budget reserve fund.

Green vetoed 13 bills in 2023, including one that was overridden by the Legislature.

Of the six bills signed into law without alterations, one drew a significant push from supporters and the quickest response by Green, who signed House Bill 2526 Friday after including it on his potential veto list issued June 21.

This bill was passed to increase penalties for a third or subsequent offense involving unauthorized use of a motor vehicle to a Class C felony, under which a court could order forfeiture of the vehicle involved.

House Speaker Scott Saiki urged constituents to contact Green and express support for the bill, which was prompted by the death of 16-year-old McKinley High School student Sara Yara.

Yara was struck by a car as she was walking in a marked crosswalk on Kapiolani Boulevard on her way to school Feb. 15, 2023. Mitchel Miyashiro, 46, was the alleged driver and had 164 prior traffic citations, according to state court records, and had pleaded not guilty to driving without a license just nine days before he allegedly killed Yara.

Miyashiro is awaiting trial for first-degree negligent homicide and other charges in connection with Yara’s death.

Green initially had concerns that enacting HB 2526 would increase criminal justice system caseloads without any additional funding, but said he signed the bill after “robust community input” and advocacy from Saiki and the Legislature.

The other five bills becoming law after being on the veto intent list are:

>> HB 2581, which would bar the governor or a county mayor from suspending electronic media transmissions during a state of emergency they declare.

>> HB 1936, which would require that all work tying up vessels to commercial docks and other facilities be done by unionized labor. Green previously said this new law, which has a July 1, 2028 sunset, would add to Hawaii’s already high cost of living.

>> HB 1640, which would establish certain timetables related to negotiations for repricing classes within local government collective bargaining units. This new law has a June 30, 2029, sunset.

>> Senate Bill 2439, which would establish a two-year window beyond the statute of limitations for people to bring civil actions against someone who they allege committed a sexual offense against them while they were an adult.

>> HB 1763, which in part would repeal the power of the Hawaii Housing Finance and Development Corp., a state agency that helps finance affordable housing, from providing grants using its rental housing fund or forgiving loans from the fund.

Appropriation cuts were made to four bills and totaled more than $500 million.

The biggest cuts were made to HB 40, where Green nixed a $300 million deposit to the Emergency Budget and Reserve Fund along with a $135 million extra deposit into the state’s underfunded pension fund for local government workers.

Green noted that the emergency reserve fund is already at a record $1.5 billion, and said in a statement that the reductions are needed to preserve the state’s cash reserves.

In the state budget bill, HB 1800, the governor trimmed $153.7 million in appropriations representing less than 1% of the total budget. Of the cut, $74.2 million was to operational funding, and $79.5 million was to capital improvement projects.

These budget cuts included $56.4 million trimmed from HHFDC possibly intended for affordable housing.

In 2023, Green issued line-item budget reductions and adjustments totaling $1 billion.

One of the two other bills with reduced appropriations is HB 2619, through which Green is providing $10 million instead of $19.8 million for the state Department of Agriculture to combat pests, including coconut rhinoceros beetles, fire ants, brown tree snakes, coqui frogs, rose-ringed parakeets and two-lined spittlebugs.

Green said this cut recognizes existing challenges to staff vacancies and other appropriations for biosecurity.

The governor also cut a $10 million appropriation to $5 million in SB 3153, which is to help private dam owners maintain or remove their dams under a grant program established in 2023.

The seven vetoed bills are:

>> SB 572, which would allow the Department of Agriculture to declare a biosecurity emergency under certain conditions and allow the agency and the governor to take actions to prevent the establishment or spread of pests and prohibited or restricted organisms.

According to Green, parts of SB 572, if enacted, could impede harbor operations and the timely movement of commercial goods.

“In effect, the power to requisition ships, as provided in this legislation, will unnecessarily impact the flow of goods that our communities rely on and appears to be an extreme power that could be addressed in a more methodical and limited approach,” he said in a statement.

>> SB 2512, which would establish notice and reporting requirements for the governor to use public resources during emergencies.

Green’s concern with this bill is that it would impede a governor’s responsiveness along with state Department of Defense flexibility during emergency and disaster situations.

>> SB 3068, which appropriates close to $460 million for Maui wildfire expenses next fiscal year.

Green said this bill inadvertently zeroed out a $230 million appropriation for affordable housing, and that he is redirecting appropriations in the budget bill to cover Maui wildfire recovery expenses.

>> HB 1633, which would allow for an owner-builder exemption from contractor licensing requirements for building or improving residential or farm buildings not for use by the owner or their immediate family.

Green said there are concerns about how increased unlicensed activity would affect renters and possibly lead to more development of short-term rentals.

>> HB 2359, which would establish a digital equity grant program.

Green said participation rules under this bill would inhibit development of small-scale, community-­based networks in historically disadvantaged communities.

>> SB 1511, which would alter what the Research Corporation of the University of Hawaii does and how it does it.

This bill, according to Green, was unnecessary because a task force was convened to address issues covered in the legislation.

>> SB 2557, which would allow a court to appoint an attorney for the subject of a petition for assisted community treatment and no longer entitles the subject of a petition to legal representation by a public defender.

Green said this bill is nearly duplicative to another bill that became law this year, HB 2159.

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