Senate Standing Committee on Transportation and Culture and the Arts
- Chris Lee
Legislator
Good afternoon. We're convening the joint committees on Transportation and Culture and Arts, and Energy and Intergovernmental Affairs on our 3pm agenda here in State Capitol Conference Room 224. We have four bills on the agenda. And then just for everybody's reference, the Transportation Committee has its own separate agenda with a number of bills on it.
- Chris Lee
Legislator
So we'll try to get through this as quick as we can to make sure everybody can get to their bills. We'll be asking everyone to make sure their testimony is submitted. I'll be limiting them to one minute to make sure that we have time to get through everybody. In the event that you get cut off.
- Brandon Elefante
Legislator
The event that we get cut off will be resuming at tomorrow at 1:03PM here in 229 Conference Room 229. Okay. That being said, up first to Senate Bill 1480 relating to transportation. Testifying first is the Department of Transportation. Thank you. Next is the Hawaii State Energy Office. Thank you, DCCA. Thank you.
- Brandon Elefante
Legislator
Blake County Council Member Heather Kimball in support. We have a number of others in support. Up next signed up to testify is the Tax foundation of Hawaii.
- Tom Yamachika
Person
Good afternoon, Chairs, Vice Chairs, Members of the committees, Tom Yamachika from Tax foundation of Hawaii. We'll stand in our written comments and be available for questions.
- Brandon Elefante
Legislator
Thank you very much. Signed up next is the alliance for Automotive Innovation with comments. One individual, Germaine Meyers.
- Germaine Meyers
Person
Aloha. Thank you. My name is Germaine Meyers. I'm Ananakuli Hawaiian Homestead Lacie. I strongly oppose Senate Bill 1480.
- Germaine Meyers
Person
This Bill will promote an unfair tax system punishing drivers that live in rural districts such as mines in Senate District 22 in Nanakuli that have minimal work opportunities, professional and medical services, as well as limited in schools, private schools, we don't have a college campus near us, et cetera.
- Germaine Meyers
Person
Electrical vehicles use a per mile mileage system because the state provides free fuel for their vehicles, such as an electrical charging station. The state does not provide free fuel to gasoline vehicle owners. Gasoline vehicle owners pay a high gasoline price and they continue to go higher without any assistance from the state.
- Germaine Meyers
Person
And the road infrastructure in rural areas are poor compared to urban Honolulu. Rural areas are forced to use one way in, one way out roadways for miles that include heavy traffic conditions. Okay. That include heavy traffic conditions creating higher gas consumption from idleness and traffic.
- Germaine Meyers
Person
So rural or high traffic road conditions don't get more mileage for this or we get Less mileage for the same gallon of gasoline. God bless all of you. Thank you.
- Brandon Elefante
Legislator
That's everyone we had signed up to testify. Is there anyone else wishing to testify in this measure. If not, are there questions.
- Glenn Wakai
Legislator
Director Sniffing opposition I think this is a very fair way of levying road usage onto the motorists and but I see that this Bill as written now has limitations $50 and it goes up to $80. But you're considering the would you consider the possibility of using this as a tool to eventually pay for rail.
- Glenn Wakai
Legislator
So the rail get half percent expires at the end of 2030. So come 2031 we pull back on the state's contributions to rail and then we put the onus on the city to use this mechanism in which to pay for all future rail costs.
- Unidentified Speaker
Person
It would be difficult for me to see the tie in for this Bill only because this is for all four counties that are included in this Bill.
- Unidentified Speaker
Person
What we found when we based on the wisdom of this body that passed the state road user charge law in 2023, the more we added to the Bill in the first go around, the less likely it was to pass.
- Unidentified Speaker
Person
The hope on this one is to make sure that we could get the counties, the authority to move forward with this road user charge at the same time that the State does in 2028 to ensure that all of our residents could start paying the same way as we get move forward to the 2033 with all of the vehicles in place now 2033, that's an outside goal for us.
- Unidentified Speaker
Person
We want to make sure we do it sooner rather than later. So definitely I can see that there could be an add to this Bill to add that in, but I think it'd make it very complicated for the Bill to get to push. Does that make sense.
- Glenn Wakai
Legislator
Okay, so maybe your suggestion is we pass it with not that caveat and then next year when it's in law, we tell the counties that you're going to use this tool to pay for a year rail post 2031. Yes.
- Lynn DeCoite
Legislator
Thank you Director. How you make this program more equitable for those like in my district like Hana, that is more equitable due to where you live since it's such a far drive.
- Unidentified Speaker
Person
And this is that's the reason for this Bill in the first place. I mean equitability.
- Unidentified Speaker
Person
When we started looking at everyone paying their fair share for the system, we have of course electric vehicles that pay nothing to the gas tax, we have higher efficiency fuel vehicles that pay less than others and we even have hybrids that are Kind of in there.
- Unidentified Speaker
Person
When we started looking at this and looking at the reductions in our fuel tax over the next 15 years, it was very clear that if we're going to looking at balancing our system, we would have to raise our fees in different areas, which would mean the fuel tax, which would mean we would be charging those that could least afford to convert to electric vehicle the most in the system, which was inequitable.
- Unidentified Speaker
Person
When we start talking about the distance discussions like those that are driving in from Hana and the caller who talked about driving in from Nanakuli, when we start talking to the communities in those areas, they're already paying more because of the gas tax.
- Unidentified Speaker
Person
But right now they're not just paying for driving the mileage that they do, they're paying for congestion as well. On a road user charge system, it's going to be purely by mile, so they're not going to be charged for the congestion that they're sitting in.
- Unidentified Speaker
Person
And I'll also mention that when we started doing our discussions, when we start talking to the rural communities, generally they own the vehicles that are least fuel efficient.
- Unidentified Speaker
Person
So in the end, when you start looking at the rate that we are putting on the road digital charge system for flat rate throughout the system, we see that those that are getting about 22 miles per gallon will pay about the same as they do for gas tax.
- Unidentified Speaker
Person
Now, for those that get more fuel efficiency, higher fuel efficiency, they'll pay more than they're paying right now. And for those that have lower fuel efficiencies, they'll pay less. So that's the way it's balanced right now.
- Brandon Elefante
Legislator
Let's move on to the next measure, Senate Bill 970 relating to taxation and testifying. First signed up to testify first is the tax foundation employee. Mr. Yamachika, are you still with us, there you are.
- Tom Yamachika
Person
Yes, I am. I'm getting old and can't push the buttons that quickly. This is a tax credit for employers paying public transportation costs. It seems inefficient to us to have this go through the tax credit system.
- Tom Yamachika
Person
I think if you were to have some type of subsidy program where employers can apply to a certain Department and say, you know, I have this program where I've given this much to the employees. Can I have some of it back.
- Tom Yamachika
Person
I think you'll get a better result with less waste because you don't have to have the Department of Taxation setting up forms, instructions and stuff. That goes to everybody just to get this benefit to a few players for this program. I'd be happy to answer any questions. Thank you very much.
- Brandon Elefante
Legislator
Okay, thank you. That's everyone who had signed up to testify. Is there anyone else wishing to testify. Good afternoon.
- Garrison Kurth
Person
Aloha Chairs, Vice Chairs and Members of the Committee. Garrison Kurth Department of Taxation. We did submit testimony as late I understand you've received it looks like. Okay. I can quickly go over the highlights of it or. Okay.
- Garrison Kurth
Person
There were five things in there that we noted so I just wanted to point those out real quickly. That the tax credit is offered at 100%. We usually recommend it's not just to avoid any waste or abuse issue issues. The non refundable credits don't have a sunset date.
- Garrison Kurth
Person
So we added some language recommending that a sunset date be added for December 31, 2030. Also just to prevent any type of double benefit situation, we added some language so that no one can claim another tax credit or a tax credit or deduction under this section if they claim this credit. Let's see, the fourth thing was.
- Garrison Kurth
Person
There's some reporting requirements in there for DOTAX about more policy type issues that I don't think we can pull off the numbers. So we're just asking that two items there be deleted from the Bill as far as reporting. And then the final thing there was asking the Bill be effective December 31, 2025. Lastly, I do have.
- Garrison Kurth
Person
There was another Bill in the House, I'm sorry in the Senate for the same issue. So I do have some numbers here. It looks like the expected decrease in revenues would be about 11.6 million pretty steadily over the four year period the Bill would be in effect.
- Brandon Elefante
Legislator
Okay. Anybody else wishing to testify in this measure. All right. If not, are there any questions. All right, thank you. If not, let's move on to the next measure, Senate Bill 1008 relating to parking. And testifying first on 1008 is the disability and Communications Access Board. Good afternoon.
- Bryan Mick
Person
Good afternoon. Chair Elefante and Committee Members. I'm Bryan Mick here on behalf of DCAB and our Executive Secretary Kirby Shaw. We are in strong support of this Bill. Thank you for introducing it. I'm going to stand on our testimony. Just to reiterate, this is a major weak spot in the parking program.
- Bryan Mick
Person
So this Bill hopefully will help enlist the counties in filling that gap. We when it comes to the enforcement of the design. And I just also wanted to point out on the following hearing, you're going to hear a similar Bill, Senate Bill 1446, which is basically this Bill minus the electric vehicle portion.
- Bryan Mick
Person
Anticipating your question, we're fine with this Bill. So if you're going to choose between the two, say go with this one. Thank you.
- Brandon Elefante
Legislator
Thank you. To everyone who had signed up to testify. Is there anyone else wishing to testify on SB 1008. Okay. If not, are there any questions. All right. If not, let me turn it over to my illustrious co chair, Senator Wakai.
- Glenn Wakai
Legislator
Members, we're going to move on to Senate Bill 1088 relating to electric vehicle charging infrastructure. First on our testifiers list we have Leo Asuncion from the Public Utilities Commission in support. Mark Lick from State Energy Office Chair.
- Glenn Wakai
Legislator
Christina Kaser from the County of Kauai has submitted Testimony and support. In support. Thank you. Mariah Yoshizu has is from Ulupono and she has submitted testimony support. Sandra Pollack from 350 Hawaii in Support. Neil Morin also in support. He's from Hawaii Electric Vehicle Association. And we have Caroline Carl from Hawaii energy.
- Glenn Wakai
Legislator
We have Beatrice Diego, McClintock and Benjamin Sullivan, all individuals in support. Is there anyone else wishing to testify on Senate Bill 1088. Members, any questions.
- Glenn Wakai
Legislator
Chris Yunker, State Energy Office Would it be appropriate for us to put a sunset on this just so that down the road lawmakers who might be different from the ones you see in front of us can look at it to see if the numbers work in five years.
- Chris Yunker
Person
I think that what this does is expand eligibility to affordable housing. And so I would hate to have a sunset on them as opposed to. To having a limitation on them specifically wouldn't be in the interest.
- Glenn Wakai
Legislator
Well, but the technology changes, right. I mean there's now like wind in a cyclone situation. Not this anymore. There could be other opportunities for energy efficiency for powering electric vehicles or homes.
- Chris Yunker
Person
Or I guess this Bill expands eligibility to affordable housing. Are you talking then sunset on the entire rebate program. Yeah, at this point I would not. And for the following reasons. Hawaii has been one of the top three adopters in the state on a per capita or nationally on a per capita basis.
- Chris Yunker
Person
But we're also one of the bottom three in terms of charging infrastructure for electric vehicles. It was roughly 37 public chargers and now per EV, now it's 44 chargers.
- Chris Yunker
Person
So we have such a backlog or such a demand for charging infrastructures, it'll be a long time before we catch up to the need that's existing out there as it is.
- Glenn Wakai
Legislator
Right. But this Bill contemplates just doing. I just have some trouble with having these credits, rebates, whatever it is, in perpetuity because there's no end date for these government gifts. And I think that those down the road should be looking at how relevant is this to the future.
- Glenn Wakai
Legislator
Could be hydro, could be geothermal that powers our electric vehicle infrastructure.
- Chris Yunker
Person
It could be any number of things and I wouldn't exclude it any sort of future. Look at the different types of technologies. I think they're all going to pay a part.
- Chris Yunker
Person
But I guess when I'm looking at the lack of public EV charging or lack of EV charging infrastructure as it is, given the penetration that we have, we're still so far behind where we need to be that there's other things that I guess I would look at sunsetting before looking at EV charging.
- Glenn Wakai
Legislator
Thank you. Thank you, Members. Any further questions. If not, you want to roll into decision making Okay. I'm going to hand it back to my more illustrious.
- Brandon Elefante
Legislator
Okay, thanks for decision making for our Joint Committee hearing. Up first to Senate Bill 1480 relating to transportation. Appreciate the discussion. I'd like to move this forward to the Ways and Means Committee for further discussion, but we'd like to recommend some amendments. First, we'd like to adopt DOT's amendment striking the creation of a new sub account.
- Brandon Elefante
Legislator
Secondly, we address the MPO's comments on page 11, number 7, adding in pedestrian pathways, sidewalks and related infrastructure. Page 11, add to number 8 other measures to reduce VMT to address Ulupono's comments, like to add for purposes and functions connected with traffic control and preservation of safety upon the public highways and streets to 248-9A.
- Brandon Elefante
Legislator
And on page 7, line 4 of the state highway system and infrastructure and related appurtenances pursuant to 264142 including without limitation the cost of equipment and General administrative overhead. On page 7, line 10, add in quote system and infrastructure and related pertinences pursuant 264-142, including without limitation the cost of equipment and General overhead.
- Brandon Elefante
Legislator
Page 8, add number 6, other measures to reduce VMT. And finally and not finally, but we'd also like to address DCCA's comments. To clarify, motor scooters all seem to be required to have basic insurance in the right place. Finally, blank appropriations at its effective date. Okay. Yeah. And that's it.
- Brandon Elefante
Legislator
Deflective date going on to the Ways and Means Committee for further consideration. In General, those amendments basically just broaden the scope of what the funds in here can be used for. Give a little more flexibility to the departments. Any discussion. If not acting by Chair.
- Committee Secretary
Person
For the committee on TCA SB 1480, Chair's recommendation is to pass with amendments. Chair Lee, aye. Vice Chair Inouye is excused. Senator Elefante, aye. I vote aye. Senator, DeCorte, no. Chair, your recommendations adopted. Thank you.
- Glenn Wakai
Legislator
For the EIG Committee, same recommendation. Any discussion. If not Senator Chang. I vote yes.
- Stanley Chang
Legislator
Okay, so for the EIG Committee, Senate Bill 1480 chair's recommendation is to pass with amendments. Vice Chair, yes. Senator DeCorte, aye. Senator Richards, aye. Senator Favella is excused. The recommendation is adopted.
- Brandon Elefante
Legislator
Thank you. Moving on to Senate Bill 970 relating to taxation. I'd like to move this forward as well with amendments and just acknowledging that I think the DOTX suggested amendments we didn't get a chance to look at.
- Brandon Elefante
Legislator
But seeing as we need to move the Bill forward, we'll leave that to the Ways and Means Committee and maybe note in the Committee report that that should be looked at. So for the moment, we just like to adopt the recommendations to include bike share in the tax credit and add in a defective date.
- Committee Secretary
Person
Committee on TCA Chair's recommendation on SB 970 is to pass with amendments noting Senator Inouye as excused of the four Members present. Any with reservations. Any no votes. Chair, your recommendations adopted. Thank you.
- Glenn Wakai
Legislator
For the EIG Committee, same recommendation. Any discussion. If not Senator Chang. I vote yes.
- Stanley Chang
Legislator
For SB 970 chair's recommendations to pass with amendments noting the excuse of Senator Favella. The numbers present are there any objections or reservations seeing None. Recommendation is adopted.
- Brandon Elefante
Legislator
Thank you. Moving on to Senate Bill 1008 relating to parking. Seeing everybody in support. Recommendation to move on to JDC as is there any discussion;
- Committee Secretary
Person
If not Chair's recommendation, SB 1008 TCA is to pass unamended of the four Members present noting Senator Inouye excuse. Any reservations, any no votes, Chair recommendations adopted.
- Glenn Wakai
Legislator
Chair, recommendations adopted for EIG Members, same recommendation. Any discussion. If not Senator Chang, I vote yes.
- Stanley Chang
Legislator
For SB 1008, Chair's recommendation is to pass unamended if the Members present under any objections or reservations seeing none of the recommendations.
- Glenn Wakai
Legislator
Okay. And we are going to charge ahead to the electric vehicle charging. SB 1088 Chair's recommendation is to pass this measure as is any discussion, if not Senator Chang, I vote yes.
- Stanley Chang
Legislator
For SB 1088, it shares recommendations to pass unamended if the four Members present. Are there any objections or reservations hearing None. The recommendation is adopted.
- Committee Secretary
Person
SB 1088 for TCH as recommendations to pass unamended of four Members present. Any reservations. Any no votes. Chair Recommendations adopted.
- Brandon Elefante
Legislator
Thank you very much. I'll take a quick break to let our friends from the EIG Committee get to their next hearing, and then we'll come right back in about 30 seconds for the TCA full agenda.
- Brandon Elefante
Legislator
Okay. Good afternoon. We're reconvening our sorry, we're convening our Committee on Transportation and Cultural arts. On our 3:01PM agenda here in conference Room 224. We have a number of bills on the agenda today. This is kind of a cornucopia of different issues, so appreciate everybody's patience as we get through them.
- Brandon Elefante
Legislator
But we'll be limiting everyone to one minute to make sure that we have time to get to all testifiers. And if you have an opportunity, make sure your written testimony is submitted as well.
- Brandon Elefante
Legislator
And finally, if we do have your written testimony and you're open to standing on your testimony, that's helpful, too, unless there's a particular point you'd like to emphasize. So, that being said, up first this afternoon is Senate Bill 1011, relating to culture and arts. And testifying first is the State Foundation on Culture and the Arts. Thank you.
- Brandon Elefante
Legislator
Next person signed up to testify is Germaine Meyers, online.
- Germaine Meyers
Person
Mahalo. Chair, My name is Germaine Meyers. I'm in strong support of Senate Bill 1011. This Bill will establish the Hawaii Leadership Awards Program. This Bill is an amazing opportunity to highlight and give attention to the great works being done in our communities by superb individuals.
- Germaine Meyers
Person
As the Aloha State, we must continue to create ways to express aloha to the individuals that have contributed to our state. This Bill honors the spirit of Aloha. It gives thanks to the individuals that have made great efforts to contribute significantly to the peoples of Hawaii. God bless all of you.
- Brandon Elefante
Legislator
Mahalo. We have other written testimony, but that's everyone who had signed up to testify. Is there anyone else wishing to testify in this measure.
- Adam Jansen
Person
Chair, may I. please come forward. Thank you. Chair, Members of the Committee, I am Dr. Adam Jansen, and it is my privilege and honor to serve as your state archivist and the administrator of the public archives. As historians, we are very much in strong support of this initiative.
- Adam Jansen
Person
But as keepers of public memory, we would ask you to consider. And then what. We give them this award. We put their picture on a wall. What are we doing to memorialize their efforts on behalf of the state and its people for 100 years from now so that their efforts and sacrifices are never forgotten.
- Adam Jansen
Person
So I'd suggest to the Committee that we consider, as part of this nomination and awards process, that we commit to preserving their archives, their photos, their oral histories, clippings, so that we can memorialize what they did on our behalf and hold them up as role models for the next generation and at the Risk of shooting myself in the foot.
- Adam Jansen
Person
I would suggest that the state archives might be the best place to deposit those archives. And to be clear, we don't want anything involved in the selection. We just want to preserve their histories. Thank you very much.
- Brandon Elefante
Legislator
Thank you. Is there anyone else wishing to testify in SB 1011, please come forward.
- Richard Manay
Person
Good afternoon, Chair Lee and Members of the Committee. Richard Manay, on behalf of DBEDT. We stand in support of our written testimony on behalf of SB10.
- Brandon Elefante
Legislator
Thank you very much. Okay, anybody else. If not, are there any questions. All right, thank you, everyone. Let's move on to the next measure, Senate Bill 441 relating to the Hawaii Symphony Orchestra. And testifying first is the State Foundation on Culture and the Arts. Thank you. Up next is the Attorney General.
- Bradley Weinsheimer
Person
Deputy Attorney General Bradley Weinsheimer. We've submitted our written comments and are available for questions.
- Jun Shin
Person
Afternoon, Chair, Members of the Committee, my name is Jun Shin. On behalf of the Democratic Party of Hawaii. I'll be really quick because you have our written testimony. We're in support of this measure because we believe that the arts belong to the people and that all people should be able to enjoy and be educated in the arts.
- Jun Shin
Person
And we also believe that this measure will bring stability to the jobs and working conditions of the Members of the symphony. Thank you for the opportunity to testify.
- Dane Lam
Person
Chair, Members of the Committee, I'm Dane Lam, music and artistic Director of the Hawaii Symphony Orchestra. We're here in enthusiastic support of SB 441 that would see the 84 Members of Hawaii Symphony Orchestra bring more music to more people around these islands, from Keiki to Kupuna. And we stand on our written testimony.
- Gregory Dunn
Person
Aloha, Chair, Members of the Committee, I'm Gregory Dunn, the President and CEO of the Hawaii Theatre Center. The Hawaii Theatre center welcomes the Hawaii Symphony Orchestra as our artistic partners and company and residents.
- Gregory Dunn
Person
The Hawaii Theater supports the symphony over $300,000 a year in subsidies we provide for them to perform on our stage to the tens of thousands of adults and keiki that come to enjoy symphonic music and preserve the cultural fabric of our islands.
- Gregory Dunn
Person
The symphony is key to the culture of Hawaii, and so it's important that the Legislature take this opportunity to incorporate ongoing support for the symphony so we can provide stability to a a storied and very critical cultural institution in our islands. Mahalo.
- Anna Lenhart
Person
Aloha. My name is Anna Lenhart. In 2018, I moved to Hawaii after winning the Symphony's principal horn audition. I brought with me 15 years of training from world renowned musical institutions. Many musicians, myself included, generally see Hawaii Symphony as a temporary job, a small stepping stone onto the path of a larger, well funded symphony.
- Anna Lenhart
Person
But Hawaii deserves much better than being a rotating door for upcoming musicians. By designating the HSO as the State of Hawaii Symphony Orchestra, you are inviting highly trained musicians to stay. To stay for the quiet keiki who find their voice through music. To stay for the kupuna who sing along to our Christmas carols.
- Anna Lenhart
Person
To stay for the woman who whispered an awestruck wow into the silence after we finished a Beethoven symphony. To stay and build community. SB 441 will enable us musicians to not only stay in Hawaii, but to expand our influence to neighbor islands and underserved communities. Thank you for helping us help your constituents. Thank you very much.
- Ginny Tiu
Person
Good afternoon, Chair and Committee Members. Thank you so much for this opportunity to testify in strong support of Senate Bill 441. As a musician myself, I truly understand the power of music. Wouldn't be in this country, our family and I wouldn't be in this country without music. And you know, our symphony, I performed throughout the world.
- Ginny Tiu
Person
And I am so proud that our symphony is truly a world class symphony and we should be so proud of it and do everything we can to support it. Our musicians are not only entertaining us from the stage, they are our teachers of our young people who will, you know, continue music for the rest of life.
- Ginny Tiu
Person
And so we really need to support the Hawaii Symphony Orchestra. Thank you so much for your consideration.
- Brandon Elefante
Legislator
That's everyone who had signed up to testify. Is there anyone else wishing to testify in this measure. See none of any questions. All right, thank you everybody. Let's move on to SB 441, excuse me we're on SB 441.
- Brandon Elefante
Legislator
Let's move on to Senate Bill 1581 relating to the Hawaii Japan Pacific Peace Monument. Testifying first on 1581 is the state foundation on Culture and the Arts. Thank you. That's all the testimony. Everybody who had signed up to testify. Is there anyone else wishing to testify on this measure. If not, any questions. All right, thank you.
- Brandon Elefante
Legislator
Let's move on to Senate Bill 1577 relating to the State Foundation on Culture and the Arts. Up first is the Attorney General.
- Alyssa Kau
Person
Good afternoon. Chair Lee and Member of the court. Alyssa Kau, on behalf of the Department of the Attorney General, we submitted written comments and we just want to highlight that the works of Special Art Fund that's named in the Bill is generally funded by tax exempt or General obligation bonds.
- Alyssa Kau
Person
And using them for operating purposes could jeopardize the tax exempt status of the bond. So we wanted to highlight that for the Legislature's consideration to avoid this issue.
- Alyssa Kau
Person
We do have, we are asking to delete section 5 of the Bill and we do have language articulating the performing arts special Fund that could help for the some of these operating costs. I'm available if you have any questions.
- Brandon Elefante
Legislator
Thank you. Next is the State Foundation on Culture and Arts. Thank you. Honolulu Theater for Youth.
- Eric Johnson
Person
Mahalo. Eric Johnson from Honolulu Theater for Youth. And I just want to say that I think this is especially important. We are celebrating our 70th season this year and we couldn't have done it, we wouldn't have made it if it hadn't been for some major support.
- Eric Johnson
Person
Right now nationally we're seeing the National Endowment for the Arts is going through some major changes and there may be some huge ramifications on performing arts organizations locally. So the timing I think of this Bill in particular is extremely important for performing arts organizations across the state. So mahalo. Thank you.
- Brandon Elefante
Legislator
That's everyone who had signed up to testify in this measure. Is there anyone else wishing to testify.
- Richard Manay
Person
Richard Manay and I on behalf of the DBEDT. We stand with our written testimony and comments on this Bill.
- Brandon Elefante
Legislator
Thank you. yes, apologize. Okay. Anyone else on SB 1577. If not, I have no questions, so let's move on to the next measure, Senate Bill 927. And I'll say I understand we're about to move into a whole bunch of transportation bills. So for the folks who are here for culture and arts bills, you're welcome to stay.
- Brandon Elefante
Legislator
Of course we'll be voting on everything at the very end. I don't expect any surprises. So appreciate your guys support. You're welcome to take off if you need to. Don't feel like you need to stick around if you don't want to, you know.
- Brandon Elefante
Legislator
Priorities. Okay. Moving on to Senate Bill 927 relating to transportation. And up first is the Department of Transportation.
- Lori Lum
Person
Good afternoon. Chair Lori Lum, on behalf of the Airlines Committee of Hawaii offering appreciate the opportunity to offer comments on this measure.
- Lori Lum
Person
Part two, section three of the Bill is in direct conflict with Act 311 and we do recommend perhaps amending Act 311 to place the Air Noise and Safety Task Force within the DOT instead of the Office of Planning and Sustainability Development. A particular concern for us is part three, section five of the Bill.
- Lori Lum
Person
The Airlines Committee of Hawaii and the State Department of Transportation Airports Division coordinate very closely on all aspects of development, operation, maintenance of the airport system. And multiple federal agencies are involved to varying degrees. Customer experience, safety, security are always top of mind for the airlines.
- Lori Lum
Person
As chair knows, Hawaii has a very unique complex 15 airport system, so it does make it very challenging to efficiently operate and maintain as compared to a single airport. We do support Section 6 of Part 3, which designates an airport security area within the airport property.
- Lori Lum
Person
Again, we thank you very much for the opportunity to testify and ask for your consideration. Thank you.
- Brandon Elefante
Legislator
Okay, that's everybody who had signed up to testify. Is there anyone else wishing to testify on 927. If not, are there any questions. All right, if not, let's move on to SB 1640 relating to emergency charter air services, which for which we have written testimony, but no one had signed up to testify.
- Brandon Elefante
Legislator
Okay, let's move on to SB 1638 relating to air carriers. Excuse me. We have written testimony submitted. A lot of folks, but no one signed up to testify. Is there anyone wishing to testify in this measure. Thank you. Anyone else wishing to testify on SB 1638. All right. If not, are there any questions.
- Brandon Elefante
Legislator
Okay, let's move on to Senate Bill 1197 relating to aircraft. And testifying first is the Department of Transportation.
- Brandon Elefante
Legislator
Thank you. Next is the Attorney General. Thank you. Up next is Blue Hawaiian Aloha.
- Brandon Elefante
Legislator
Thank you. Away Association for Justice. Thank you. Rainbow Helicopters.
- Nicole Battjes
Person
Hello, Chair. My name is Nicole Battjes with Rainbow Helicopters and I'd like to strongly oppose Senate Bill 1197 and really focus on the federal preemption of the Bill. Only the Federal Aviation Administration can set requirements for the operation of aircraft, including insurance requirements. The FAA does, in fact, currently require 135 operators to have insurance.
- Nicole Battjes
Person
And I think that this has come up in the past, and there's been not enough knowledge about what the FAA does require for the operators. So 135 operators must carry a liability limit of at least $75,000 per person with a minimum of $300,000 per occurrence. The states have no discretion under their regulatory powers to impose higher standards.
- Nicole Battjes
Person
And as the Attorney General's mentioned in their comments, federal preemption is a large concern and we'd like all stakeholders to review this to prevent legal costs in the future.
- Brandon Elefante
Legislator
Thank you very much. Up next is Jack Harder. Held. Excuse me, Jack Harter. Not available on Zoom Chair. okay, thank you. As everyone who had signed up to testify, is there anyone else wishing to testify on SB 1197. If not, are there any questions. Real quick, If Blue Hawaiian is still on online. Yes, yes.
- Brandon Elefante
Legislator
Hi, thanks. Real quick. This is not the first year we've had this discussion, which is interesting, but it's my understanding a number of airports around the nation have different levels of insurance for various operators that would otherwise be covered by this Bill here. Should it pass, is that right.
- Quentin Koch
Person
Absolutely. Other airports like McCarran Airport, has $25 billion worth of coverage. Ours is one of the lowest in the nation. Even our island of Guam had $50 million. So there are other airports that do have higher insurance requirements than we do.
- Brandon Elefante
Legislator
And then just real quick for the AG if you just come forward for a sec, based on what I think the answer just was my understanding, and we just chatted with some folks at other airports is that currently other airports do require in sort of a similar way that this Bill would contemplate different levels of insurance.
- Brandon Elefante
Legislator
How is that, I guess, possible if it's not something something that is preempted by the FAA.
- Unidentified Speaker
Person
I don't know what their process was or what their requirements say, but when I looked at the FAA requirements, all I saw was that there's already a statement on insurance. So I just didn't think that the state could override that.
- Brandon Elefante
Legislator
Okay. Thank you very much. Okay. Any further further discussion for the moment, if not. Right. Thank you. Let's move on to SB 1483 relating to highway revenue bonds, which restores the revenue bond authorization. Testifying first is DOT.
- Brandon Elefante
Legislator
That's all the testimony we have on 1483. Is there anyone else wishing to testify in this measure? If not, are there any questions? If not, let's move on to Senate Bill 1076 relating to transportation. And testifying first is the Department of Transportation.
- Brandon Elefante
Legislator
Thank you. Up next is the Chamber of Commerce of Hawaii, in support? That's everyone we had signed up to testify. Is there anyone else wishing to testify on SB 1076? All right. Seeing none. Are there any questions? All right. Thank you.
- Brandon Elefante
Legislator
Let's move on to Senate Bill 1315 relating to abolition of joint and several liability for government entities and highway related civil actions. And testifying first is DOT.
- Brandon Elefante
Legislator
Thank you. Up next is the Chamber of Commerce in support that's all the written test or excuse me, that's everyone who signed up to testify on 1076. Is there anyone else wishing to testify? Please come forward.
- Unidentified Speaker
Person
Good afternoon, Sharon, Committee Members. I'm Amanda, deputy attorney. Oh, I'm sorry.
- Brandon Elefante
Legislator
1315. I just. I just looked at the wrong space. So you do have that testimony on 1315? Yes, we do.
- Unidentified Speaker
Person
Thank you. I just wanted to highlight two points. First of all, this Bill is designed to correct a fundamental inequity in the law where the state has been overpaying in these lawsuits for highway maintenance and design since 2006. And there are examples in our written testimony, including the Braddock case. In that case, the state.
- Unidentified Speaker
Person
On behalf of the state, 26 million dollars was paid. The state was not the main defendant. Secondly, this Bill does not reduce DOT's motivation or responsibility to improve highway safety. Those laws are set and firm in federal and state laws. And I am available for questions. Thank you.
- Evan Oue
Person
Members of the Committee, Evan Oue. On behalf of the Hawaii Association for Justice. We have a written testimony. We just want to reemphasize our opposition to this particular measure and preserve the right for joining several liability when it, especially when it comes to highway design and maintenance. You know...
- Evan Oue
Person
This is just to also preserve the legislative intent from 2006 which, you know, essentially codified the Concur decision in which the state recognized its, you know, responsibility in that instance and to, you know, provide oversight and just continue to maintain our roads for local residents.
- Evan Oue
Person
And, you know, we're just, you know, looking to uphold that legislative intent and that recognition. So we'll be available for any questions. So thank you so much.
- Brandon Elefante
Legislator
Thank you. That's everyone who had signed up to testify on SB 1315. Is there anyone else wishing to testify? If not, are there any questions? Okay, thank you, everyone. Let's move on to Senate Bill 502 relating to vehicles. And testifying first on 502 is DCCA.
- Brandon Elefante
Legislator
Thank you. We have other written testimony, but that's everyone who had signed up to testify. Is there anyone else wishing to testify?
- Brandon Elefante
Legislator
Thank you. Okay, Anybody else on 502? Going once, going twice. All right. If not, are there any questions? Okay, thank you. Moving on to Senate Bill 1289 relating to traffic violations. Testifying first is the judiciary. With comments, also signed. Thank you. Signed up to testify online is Germaine Myers.
- Germaine Meyers
Person
Aloha Chair. My name is Germaine Myers. I'm in strong support of Senate Bill 1289. This Bill will create a fair traffic abstract report and that only actual convictions of moving violations will be on our abstract report as opposed to including alleged violations. This will ensure only guilty of violations are included on our abstract report. Ke Akua Pu.
- Brandon Elefante
Legislator
Thank you very much. That's everyone we had signed up to testify on SB 1289. Is there anyone else wishing to testify? If not, any questions? Okay, let's move on to Senate Bill 1446 relating to parking for disabled persons. And testifying first is the Disability and Communication Access Board. Thank you.
- Brandon Elefante
Legislator
That's all the testimony we have on this measure. Is there anyone else wishing to testify? If not, any questions? Okay, let's move on to Senate Bill 1244 relating to roads. Testifying first on SB 1244 is the Attorney General. Good afternoon. Good afternoon.
- Lane Opulauoho
Person
Chair, Vice Chair, Members of the Committee, Deputy Attorney General Lane Kaiwi Opulauho providing comments on SB 1244, which you do have.
- Lane Opulauoho
Person
I would just like to highlight for the Committee regarding the phrase private roadways that are open to and used by the public, essentially just so that we might insulate the state from a potential constitutional Challenge under Article 7, Section 4 of the Hawaii Constitution, the Department suggests inserting legislative findings to section one of the Bill explaining the public purpose rationale underpinning the Bill.
- Lane Opulauoho
Person
I am available for your questions and thank you for the opportunity to provide comments on this Bill. Thank you. Thank you.
- Brandon Elefante
Legislator
Okay, thank you. With comments. That's everyone who had signed up to testify. Is there anyone else wishing to testify in this measure this afternoon on 1244? All right. If not, are there any questions? Okay, let's move on to Senate Bill 1666 relating to transportation.
- Brandon Elefante
Legislator
And testifying first on 1666 is the Department of Transportation.
- Lola Irvin
Person
Good afternoon, Chair Lee and Vice Chair Inouye. And Members of the Committee. I'm Lola Irvin representing Director Kenny Fink. And so the Department of Health gladly stands in support with the Department of Transportation on SB 1666. We know that and we value in the Department of Health providing fair and just opportunities for optimal health.
- Lola Irvin
Person
And in order to do that, then we need to have communities that support being able to gather and being physically active. And we know that if it's not convenient or if there's a perception of it's not going to be easy or it's going to be dangerous for our kids to go outside to play. It won't happen.
- Lola Irvin
Person
I happen to grow up in Kaneohe where we had Auntie Ruby who looked after us and we could run in and out of her house and go down the pier and ride bikes.
- Lola Irvin
Person
And so it was natural to be outside and be free range. Summer Street's pilot program that is proposed here, we have given examples of other programs that have been in place since 2008. So we have examples from other cities that have done it.
- Lola Irvin
Person
And since 2022, we have been working with the Kauai Department of Transportation and doing a Play Streets program which is very similar. And so we're so glad to support this effort and thank you for the opportunity to provide testimony.
- Brandon Elefante
Legislator
Thank you. Testifying next on SB 1666 is the Hawaii Bicycling League chair, Vice Chair.
- Unidentified Speaker
Person
Members of the Committee, we stand on our testimony support Bill for any questions, if you'd like.
- Brandon Elefante
Legislator
Thank you. Up next is Kyle Kolomona Nakatsuka online. I may have butchered that name. Apologize.
- Kyle Nakatsuka
Person
Aloha. No worries. That was perfect. Aloha, Senators. I just wanted to testify in support of this Bill. I expect, I imagine you may have read my testimony and there are tons of reasons to support this Bill. But I wanted to share a story that I hope will illustrate the value of bikes, bicycling and bike commuting in Hawaii.
- Kyle Nakatsuka
Person
As you may know, I spend a lot of time focusing on arguments about talking about bicycle commuting, arguing for bicycle commuting, and reading a lot of arguments for and against bicycle commuting. Up until recently, I was always confused by a lot of people who opposed bike, bike commuting. They say that it's not possible, that it's not reasonable.
- Kyle Nakatsuka
Person
But I recently, for the first time, went to Ohio. I grew up right up the hill from where you guys are. And in Hawaii, I was... it just made a lot of sense to bike. But when I went to Ohio, I finally realized a lot of why a lot of these arguments were made against biking.
- Kyle Nakatsuka
Person
There's tons of land there. There's tons of space. There's tons of parking. If there's no parking, you just build more parking. There's tons of room to make roads wider if you need to. There's lots of room for real estate, so lots of, you know, road things are separated very distant from each other, so the trips are farther.
- Kyle Nakatsuka
Person
And all of those reasons against biking in Ohio, the car center culture that we have in the continent do not apply to Hawaii. In Hawaii, we have perfect weather, perfect roads, and perfect culture for cycling. And it's something that I think that this Bill would help to support, even if indirectly, it would just support a cycling culture.
- Germaine Meyers
Person
Aloha, Chair. My name is Germaine Meyers. I'm in strong, strong support of Senate Bill 1666. I'm just excited about this Bill in that it established a summer streets pilot program. The Bill promotes co Communities togetherness. Streets are large outdoor hard surfaces.
- Germaine Meyers
Person
They are better suited for certain events as compared to grass lawn surfaces that are in the parks. Streets provide the ability to do bike and pedestrian events like walkathons, kickoff events to promote health, bike events to support Kiki health craft and entertainment events to promote mele and Hula, etc. I truly love outdoor events.
- Germaine Meyers
Person
And this Bill promotes health and happiness, togetherness outdoors under the sun or under the moon. Ke Akua Pu. God bless all of you.
- Brandon Elefante
Legislator
Thank you. That's everyone. We have signed up to testify on SB 1666. Is there anyone else wishing to testify? If not, are there any questions?
- Samantha DeCorte
Legislator
Questions? Chad, Department of Transportation, with regards to this summer streets pilot program, does the DOT have in mind any particular streets that it would be kind of limiting vehicular access to promote bicycling, walking, those kinds of things?
- Unidentified Speaker
Person
Not this time. We would work with the counties. Most of the county roads are the ones that are more livable, a lot easier to use for these types of purposes. So we'd work with them to see which ones they would identify. One of the examples that we point out was the Waikiki events that were occurred.
- Unidentified Speaker
Person
They were really good, well represented, opened up a lot of usability for the community.
- Samantha DeCorte
Legislator
Okay, thank you. As you know, my district, Wai'anae, is very limited on its vehicular access. So would this be something that. I mean, Honolulu county encompasses the entire island. Yeah. So would it be by district, by district, or just overall kind of a blanket kind of a program?
- Unidentified Speaker
Person
I think this would be a blanket. I mean, we'd be looking at everything.
- Brandon Elefante
Legislator
Okay. Any further questions? If not. Thank you. Let's move on to Senate Bill 1658 relating to traffic, which. oh, let's see. First on 1658 is the judiciary. Good afternoon. Thank you. That's all the testimony we have on 1658. Is there anyone else?
- Brandon Elefante
Legislator
All right, anyone else on 1658? If not. All right, thank you. Let's move on to SB 1659, relating to the Lahaina bypass. And testifying first is DOT.
- Brandon Elefante
Legislator
Thank you. Department of Taxation. Thank you. Wow, you're really patient. You waited through, like, all the bills for this very last one to just say that. Tax foundation.
- Brandon Elefante
Legislator
oh, thank you. And Enterprise Mobility... Opposition. We have a lot of individuals who submitted written testimony and support, but that's everyone who had signed up to testify. Is there anyone else wishing to testify this afternoon on SB 1659? All right, if not, are there any questions?
- Brandon Elefante
Legislator
Okay, why don't we take a five minute recess for and we'll come back for decision making so we can go get some snacks and get some water. See you guys in a few recess.
- Chris Lee
Legislator
Good afternoon. We're reconvening the Committee on Transportation, Culture and the arts on our 3:01pm agenda. I really want to thank everybody in the audience and testifiers. We just went through, I think, a record number of bills and discussion. So appreciate the short break you're able to give us to go kind of get back in order and refreshed.
- Chris Lee
Legislator
I'll note for the folks watching, we have one more agenda at 3:02pm which is right after this, which will be deciding on bills that were previously heard in this Committee. So we're going to do our 3:01pm agenda first and then go into the 3:02.
- Chris Lee
Legislator
So on our 3:01pm agenda, we have Senate Bill 1011 relating to culture and arts, the Leadership Awards Program. Like to move this on, recommending that we pass with amendments but making some changes, switching the responsibility for the awards program to the state Archives, who shall coordinate with the respective stakeholders to administer and execute the program.
- Chris Lee
Legislator
The award selection Committee will change to be comprised of one Member appointed by the President of the Senate, one from the speaker of the House, one from the Governor, one from the LG, and then somebody designated by the state Archives.
- Chris Lee
Legislator
Finally, we'll make sure, pursuant to the testimony, the awardee info will be displayed in a conspicuous place for a year and then added to a permanent archival exhibit of awardees to include those from the Aloha Order of Merit and shall also be archived in the state Archives and then finally adding in a defective date.
- Lorraine Inouye
Legislator
Chair's Recommendation on SB 1011 to pass with amendments. [roll call] measure is adopted. Mr. Chair.
- Chris Lee
Legislator
Thank you, moving on to Senate Bill 441 relating to the Hawaii Symphony Orchestra. Appreciate everybody's testimony on this one. Like to move this forward, I think, to the Ways and Means Committee. Just noting that we'll move it as is, but we'll note that we're going to ask future committees to take a look to address the AG's recommendations.
- Chris Lee
Legislator
We just, given the tight deadlines we're on, don't have time to dive into the substance, but there's plenty of time left in the process to address some of those and that's going to be the case for a few of these bills. We just need to keep them moving along so that the discussion can continue.
- Chris Lee
Legislator
So for the moment, recommendation is to pass as is. Any discussion? no.
- Lorraine Inouye
Legislator
Chair's Recommendation on SB441 to pass unamended with five Members present. Any voting with reservations. Any no votes. Hearing None. Vice Chair the motion is adopted. Bill is adopted.
- Chris Lee
Legislator
Thank you. Moving on to Senate Bill 1581 relating to the Hawaii Japan Pacific Peace Monument. Similarly, we'd like to recommend passing on to the Ways and Means Committee as is. If there's no discussion, Vice Chair.
- Lorraine Inouye
Legislator
Chair's recommendation on SB 1581 to pass unamended with five Members present. Any voting with reservations. Any no votes. Motion is adopted. Mr. Chair.
- Chris Lee
Legislator
Thank you. Moving on to Senate Bill 1577 relating to the State Foundation on Culture and the Arts. We'll just note there's a similar Bill moving through the House and another measure that's up for a hearing in the Senate, I believe either tomorrow or the next day that encompasses similar territory.
- Chris Lee
Legislator
So for the moment we're going to defer this measure. Moving on to Senate Bill 927 relating to transportation, I'd like to recommend moving this forward to the Ways and Means Committee, but with amendments removing part one of the measure.
- Chris Lee
Legislator
Noting in the preamble the intent here is to establish the Helicopter Noise and Safety Task Force in this act as a means to fulfill the intent of the Helicopter Noise Safety Task Force previously passed by the Legislation Act 311, 2022 as well, noting the airport's Advisory Council as a means to provide a forum to identify and discuss potential improvements to airports operations, disruptions and structure, in part to help just get stakeholders to the table outside the immediate airport's vicinity as they might coordinate with other hotels and hospitality and other folks in the surrounding area.
- Chris Lee
Legislator
Finally, we'll remove the appropriation section for the helicopter section of the Bill, Add to Section 5B3, evaluate design considerations, operations, best practices and other structures of management such as corporations at other national international airports amend the airport's Advisory Council to change airport security and law enforcement to airport related law enforcement and add in a defective date.
- Chris Lee
Legislator
The gist of all of this is basically this is kind of a work in progress.
- Chris Lee
Legislator
There's a number of issues from safety at airports to trying to get other stakeholders outside the airports to kind of engage with airports proper and its various stakeholders and of course dealing with some of the noise and safety issues for helicopters and other things.
- Chris Lee
Legislator
Recognize this is going to be an ongoing conversation, but for the moment it's the only vehicle there is for some of this stuff. So we'd like to recommend just moving on with amendments and noting the defective date going to the Ways and Means Committee. So if there's Is there any Discussion about any of that, if not...
- Lorraine Inouye
Legislator
Chair's recommendation on SB927. Senate draft one is to pass with amendments with five Members present. Any voting with reservations. Any no votes. Motion is adopted, Mr. Chair.
- Chris Lee
Legislator
Thank you. Moving on to SB 1640 relating to emergency charter air services. Similarly, we'd like to move this on to the Ways of Means Committee just with a defective date. Passing with amendments. Again, the discussion continues, but recognize there aren't a lot of vehicles, so we'd like to keep the discussion going.
- Lorraine Inouye
Legislator
Chair's recommendation on SB 1640 is to pass with amendments with five Members present. Any voting with reservations. Any no votes. Motion is adopted, Mr. Chair.
- Chris Lee
Legislator
Thank you. Moving on to SB 1638 relating to Air carriers. Similarly, we'll make recommendation to pass with amendments, technical amendments, and adding in a defective date, also blanking out the appropriation. Any discussion on this? Not Vice Chair.
- Lorraine Inouye
Legislator
Chair's recommendation on SB 1638 to pass with amendments, with five Members present. Any voting with reservations. Any no votes. Motion is adopted. Mr. Chair.
- Chris Lee
Legislator
Thank you. Moving on to SB 1197 relating to aircraft. I'd like to recommend moving this on with amendments, adding in a defective date.
- Chris Lee
Legislator
And we'll just for the discussion Committee, note that there's some information I think we'd like to get from the Attorney General and some of the other stakeholders for the moment to clarify some of the things that we didn't have a lot of time to get to immediately.
- Chris Lee
Legislator
So we'd like to keep this going on to the Consumer Protection Committee where there'll be an opportunity for folks to weigh in further. There's no discussion on that, Chair. zero, yep.
- Brandon Elefante
Legislator
Yeah. I'll be voting in support, however, with reservations. With reservations, noting the Attorney General's concerns in their written testimony. Thank you.
- Lorraine Inouye
Legislator
With five Members present. Any voting with reservations, aside from Senator Elefante, any no votes? Vice Chair is a no vote on this measure. Measure is adopted, Mr. Chair.
- Chris Lee
Legislator
With three votes, four votes. Thank you. Moving on to Senate Bill 1483 relating to highway revenue bonds. Like to recommend moving this on to the Ways it Means Committee with amendments, making technical amendments and adding in a defective date. Any discussion on this?
- Lorraine Inouye
Legislator
If not Chair's recommendation on SB 1483 to pass with amendments with five Members present. Any voting with reservations. Any no votes. Measure is adopted. Mr. Chair.
- Chris Lee
Legislator
Thank you. Moving on to SB 1076 relating to transportation. We'd like to move this forward to the Ways and Means Committee. Passing with amendments, adding a defective date, but noting that there was testimony which asked for a change in reporting periods to align with the fiscal year instead of the calendar year. That was one of those.
- Chris Lee
Legislator
We just didn't have time to open up and kind of rewrite the Bill on. But we'll make that note in the Committee report for the next Committee as it moves forward. So if there's no other discussion on that one. Vice Chair for the vote.
- Lorraine Inouye
Legislator
Chair's recommendation on SB 1076 is to pass with amendments with five Members present. Any voting with reservations. Any no votes measures adopted, Mr. Chair.
- Chris Lee
Legislator
Thank you. Moving on to Senate Bill 1315 relating to the abolition of joint and several liability for government entities and highway related civil actions. Note the House measure, its companion House measure was deferred. So for the moment we'd just like to keep the discussion alive. So that's recommend passing with amendments, adding in a defective date.
- Lorraine Inouye
Legislator
Chair's recommendation on SB 1315 is to pass with amendments with five Members present. Any voting with reservations. Any no votes measure is adopted. Mr.
- Chris Lee
Legislator
Chair, thank you. Moving on to Senate Bill 502 relating to vehicles. Appreciate the measure. There are some concerns raised on the insurance side and one of the other stakeholders going to recommend deferring this for the moment. It's a little bit complicated so we kind of want to work with the introducer and some of the island Members.
- Chris Lee
Legislator
There is another vehicle we've identified that's moving along that can be helpful for that discussion. So for the moment we'll defer this and then move on to SB 1289 relating to traffic violations.
- Chris Lee
Legislator
I'd like to move this on with amendments just addressing the judiciary comments clarifying with respect to the E court system that the measure will remove only dismissed cases from the E court system and then blanking the appropriation, adding in a defective date.
- Lorraine Inouye
Legislator
Chair's recommendation on SB 1289 is to pass with amendments. Any, with five Members present. Any voting with reservations. Any no votes measure is adopted. Mr. Chair, thank you.
- Chris Lee
Legislator
Moving on to Senate Bill 1446 relating to parking for disabled persons. This measure was just heard about an hour and a half ago in a Joint Committee. So we want to recommend deferring this measure.
- Chris Lee
Legislator
Moving on to Senate Bill 1244 relating to roads. I'd like to recommend moving this forward with amendments though, adopting the AG recommendation which adds a preamble explanation that private roads subject to the Bill are open to used by the public and then adding in a defective date
- Lorraine Inouye
Legislator
Chair's recommendation to pass SB 1244 with amendments with 5 Members present. Any voting with reservations? Chair, I'd like to. I will be voting with reservations. I believe that the General excise tax for the counties. Did this measure have a population thing or was open to all counties. I'm sorry, was this only. Did it have a population?
- Lorraine Inouye
Legislator
I will be voting with reservations because I don't believe we should use the excise tax tax to do the maintenance for private roadways. But I'll support the fuel tax portion. There's a population thing... no more than 500.
- Chris Lee
Legislator
Oh, wait, no, that's the existing. Yeah, yeah, no, I think it's. It's open.
- Lorraine Inouye
Legislator
It's open for. Okay. I'll be voting with reservations because then it's involves all the counties and using excise tax. I believe the counties do need as much income as well with, you know, all their needy things. So. Okay. Any other. With reservations? Any no votes. Measures adopted.
- Chris Lee
Legislator
Thank you. Moving on to Senate Bill 1666 relating to transportation. Like to recommend moving on with amendments, blanking the appropriation, technical amendments and adding in a defective date. Any discussion?
- Samantha DeCorte
Legislator
Sorry, just comment. Before we take the vote, Chair, I just wanted to respectfully share that because of the current situation and the limited vehicular access in my district, I will be voting down.
- Samantha DeCorte
Legislator
However, I have full confidence in the Department of Transportation and their projects that they have in the pipeline and moving forward in that that Wai'anae will be soon on its way to be able to allow a single lane to be doing walking and bicycling.
- Samantha DeCorte
Legislator
But as of right now, I'm going to go ahead and vote down to this, but thank you very much.
- Lorraine Inouye
Legislator
Chair's recommendation on SB 1666 with amendments with five Members present. Any voting with reservations. Okay. Any no votes with the exception of Senator DeCorte. Measures adopted.
- Chris Lee
Legislator
Thank you. Moving on to Senate Bill 1658 relating to traffic. The recommendation is to move this forward to the Joint Ways and Means and JDC Committee with amendments. Making technical amendments and adding in a defective date.
- Lorraine Inouye
Legislator
1658. Yeah, 1658. Chair's recommendation on SB 1658 is to pass with amendments with five Members present. Anyone voting with reservations? Any no votes. Measures adopted. Mr. Chair.
- Chris Lee
Legislator
Thank you. Finally moving on to Senate Bill 1659 relating to the Lahaina Bypass. I'd like to recommend moving this on with some amendments. First of all, blanking the amount of the rental car fees.
- Chris Lee
Legislator
Adopting the Department of Taxation's recommendation to define West Maui, which we'll define as congruent to the Maui County Council, West Maui Residency Area and district as designated at the time of the enactment of this measure.
- Chris Lee
Legislator
Thirdly, adopting the DOT recommendations to remove the public private partnership language in the Bill, adopting the Department of Taxation amended effective date for sections 2 and 4 to take effect January 1, 2026 which we'll also note in the Committee report, blank the appropriations make technical amendments and defect the overall Bill. So any discussion on this?
- Lorraine Inouye
Legislator
Yes. Okay, so we're deleting the public private partnership. So I assume it'll be the a full state highway, Okay. I will be voting no on this; Reservations.
- Lorraine Inouye
Legislator
I have been very supportive of our rental car operations and I think we continue to increase the rental motor vehicle fees, the surcharge tax, and I think we're pricing our auto rentals out of business. And so I will be voting no on this measure. Okay. So SB 1659, Chair's recommendation is to pass with amendments.
- Lorraine Inouye
Legislator
Are there any with 5 Members present? Any voting with reservations? Okay. Any voting no, with the exception of the Vice Chair. Motion is adopted, Mr. Chair.
- Chris Lee
Legislator
All right, thank you. And then that's the end of our 3:01pm agenda. Finally, we'll move on to the 3:02pm agenda, which is decision making on measures previously heard a few days ago. And up first is Senate Bill 242 relating to foreign ownership of agricultural land. I'll note this was a Joint Hearing with the AEM Committee last week.
- Chris Lee
Legislator
A Committee has already voted on this measure, so I'm going to read their recommendations.
- Chris Lee
Legislator
But I'd like to recommend moving this forward with amendments and having conferred with the AEM chair, the recommendation will be to pass an amendment from the AG's Office to delete reference to the Department of the Attorney General from section 4C because they are not a party to agricultural land transactions.
- Chris Lee
Legislator
And we'll also be defecting the date to July 1, 2050. And I'll add in. Oh, I'm sorry. And then we're going to point out that data shows that there are 24 states that have various restrictions regarding foreign ownership of ag lands, and therefore SB242 fits into this category.
- Chris Lee
Legislator
That would limit foreign ownership based on size and lease time, which currently include states such as Arizona, Iowa, Missouri, Nebraska, Pennsylvania, South Carolina, South Dakota and Wisconsin. And we'll also note the concerns of the Hawaii Farm Bureau and others as this measure moves forward. We'll work on adding language to limit unintended harm to farmers.
- Chris Lee
Legislator
And for my part, I'll just say thank you to everybody. For patience as there was a lot of interest in this one in particular. So with that, is there other discussion?
- Lorraine Inouye
Legislator
Okay. I have a question. As a farmer as well on Big Island, I do know that we do have foreigners that leases lands as well, and they're already in operation, those that came from Vietnam, from Taiwan, and they don't, most of them don't own the lands.
- Lorraine Inouye
Legislator
But because of, you know, we're trying to create our own sustainability and there's no farmers around to continue operations on some ag lands. So I'm pretty concerned. So we say when we say foreign entities, are there just corporations or what about the individuals? So it's all of them entities. Is everybody.
- Lorraine Inouye
Legislator
All right. Well, for further discussions, I'll be voting with reservations, very concerning. Okay.
- Brandon Elefante
Legislator
Chair. I'll be voting in support, however, with reservations, noting the concerns raised by the Attorney General in their written testimony. Thank you.
- Dru Kanuha
Legislator
Sure. Yep. Also with reservations. I wish and I forget if the Attorney General was here the last time to answer questions about this, but their testimony was pretty substantial and I would think that this would be opposition.
- Dru Kanuha
Legislator
But it's with comments with the serious concerns, especially subject the state to litigation to cause the state to incur substantial monetary liability was an issue that pointed out to me. But also how it's going to affect the foreigners that are currently farming was an issue that was brought up by Senator Inouye. So I'll be with reservations.
- Chris Lee
Legislator
Thank you. And to that point, the AG was not present at the hearing.
- Lorraine Inouye
Legislator
Chair's recommendation on SB242 to pass with amendments with five Members provide present any voting with reservations. That included with reservations, myself as Vice Chair, Senator Elefante, Senator Kanuha. Any voting? No. Hearing none. Mr. Chair. Vote. I'm sorry. Motion is adopted.
- Chris Lee
Legislator
Thank you. Moving on to Senate Bill 1219 relating to transportation. Like to thank the work of the departments and note that there have been a number of concerns raised by some of these stakeholders in the space.
- Chris Lee
Legislator
So for the moment, I think we'll probably return to a resolution, doing a working group or some sort of next steps on this, but for the moment defer the Bill and then
- Lorraine Inouye
Legislator
that would have been a good idea if it was a study first, as you suggested. Anyway, more studies on this issue. Okay It was, yes. Thank you.
- Chris Lee
Legislator
Moving on to Senate Bill 1216, relaying to transportation the last measure on our agenda. We'd like to recommend moving forward with amendments, blanking all the fines and adding in a defective date as this goes to JDC for further consideration.
- Lorraine Inouye
Legislator
Yes, a Vice Chair will be voting no on this measure as a discussion created some discussions in the hearing that was held. Mr. Chair, measure is adopted though.
- Lorraine Inouye
Legislator
Chair's recommendation on SB 1216 is to pass with amendments with five Members present. Anyone voting with reservations? Any no votes?
- Chris Lee
Legislator
Thank you very much. And thank you all for your patience today. That was quite a bit. And most of all, I want to say thank you to our support, attorneys and staff.
- Chris Lee
Legislator
Who are doing the lion's share of the work. But it's not over. We can't say how much we appreciate them. So with that, we are adjourned.
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Next bill discussion: February 11, 2025
Previous bill discussion: February 11, 2025
Speakers
Legislative Staff