Senate Standing Committee on Labor and Technology

Okay. Good afternoon. Committee on Labor and Technology has a 3:00pm agenda. It's Monday, March 24, 2025. Grand Conference Room 224, Hawaii State Capitol. This meeting is being streamed live on YouTube.

In the unlikely event that we have to abruptly end this hearing due to technical difficulties, the Committee will reconvene to discuss any outstanding business at 3:01pm on March 28 in room 224. And a public notice will be posted on the Legislature's website. Hey, Vice Chair. Okay. Thank you very much. Okay.

There will be a one minute testimony limit. You will hear a bell when the limit has expired. Okay. Okay. Thank you very much. Okay. Up first you have SCR145 SR117. Okay.

Requesting the Senate Standing Committee on Labor and Technology and the House of Representatives Standing Committee on Labor to convene a legislative working group to develop recommendations for establishing and implementing a paid family and medical leave program for the state. Okay. Up first, we have the Legislative Reference Bureau. Okay.

With comments. We have Department of Labor Industrial Relations, Director Butai.

Good afternoon, Chair Aquino, Senator Moriwaki. Jade Butai for Department of Labor Industrial Relations. We stand on our testimony in support. We seek to partner and play a constructive role on the paid family leave. We hope that you will consider us as a resource as you chart a way forward. Thank you.

Okay. Thank you, Director. Okay, up next, we have Department of Human Resources Development, Deputy.

Chair, Senator, afternoon. Department is in support of the intent of this. We do ask for a slight revision in the language to include the other jurisdictions such as the Judiciary, DOE, and UH. Okay, thank you.

All right, thank you very much. Okay, up next, we have the Office of Wellness and Resilience, Office of the Governor, in support. Director Tia Hartsock. We have Council Member Jen Kagiwada. Okay. County Council. Okay. Also in support. We have Hawaii State Teachers Association. Okay, thank you very much.

Up next, we have Catholic Charities Hawaii, Betty Lou Larson, in support. Policy Advisory Board for Elderly Affairs, Beverly Godley. Okay. Ryan Kusumoto, Parents and Children Together, both in support. Okay. We have Hawaii State AFL CIO, Randy Pereira, in support. Maui Chamber of Commerce, Pamela Thumpack, with comments. Up next, we have Hawaii Children's Action Network Speaks, Nicole Wu.

Aloha, Chair, Senator Moriwaki. Thank you for hearing this resolution. You know, we've been here many times trying to get a paid family leave program up and running here in the State of Hawaii. It seems like a working group is a really good step to get us there. So, we support this resolution.

Getting all the stakeholders together to work on this during the interim, I think will really help us be in a more solid place next session. So, please pass this. Thank you.

Thank you very much. Okay, up next, we have Gary Simon, Hawaii Family Caregiver Coalition, in support. We have Carol Phillips, Hawaii Nurses Association. Okay, in support. We have UHPA, testifying for Christian Fern.

Good afternoon, Chair, Senator Moriwaki. Sarah Beamer for UHPA. We are in support of these resolutions. However, we do ask for an amendment to include UHPA.

Okay, thank you very much. Okay, up next, we have the Hawaii State Coalition Against Domestic Violence, Angelina Mercado, in support. Bronson Silva, Democratic Party of Hawaii. Nate Hicks, Hawaii Public Health Institute, both in support. Okay. And then we have a Democratic Party of Hawaii Education Caucus in support. IMO Alliance in support. We have AARP Hawaii.

Good afternoon, Chair, Vice Chair. I'm Audrey Sugunakagawa from AARP Hawaii. Thank you very much for having this resolution heard by the Committee. And as mentioned already by HCAN Speaks, we too really appreciate the opportunity to continue the dialogue and really building up a more robust program for Hawaii.

We are very honored to be serving on this working group as well. And also, if there is still room or capacity for additional member, like to recommend that the American Association of University Women be included, if that's possible. Thank you.

Okay, thank you very much. Okay, up next we have United Public Workers...

Chair, UPW stands on its testimony in support.

Okay. Thank you very much. Indivisible Hawaii, Amy Monk, in support. ASHERM Hawaii, okay, with comments. Holuma Collaborative.

Chair...we'll stand on our testimony in support. Thanks a lot.

Okay, thank you very much. HGGEA.

Chair...we'll stand on our testimony in support.

Okay. Thank you. Laz Meenchain, Hawaii State Commission on the Status of Women.

Chair, Senator, thank you so much for hearing these resos. We stand on our written statement and ask that the Committee consider the amendments suggested and add the Commission to the working group. Thank you very much.

Okay, thank you. Let's see. Committee Members, as well as members of the public, we received at least 20, 25, individuals. Looks like all in support. Okay. We also have late testimony from the Executive Office on Aging. Director Caroline Cadirao, in support. Christy Arias, Cheryl Ho, both in support. Joelle Edwards on Zoom.

Aloha, Chair, Senator. My name is Joelle Edwards. I own Wainita Country Market. I'm also Chair of the Kauai Democratic Party and I stand by my written testimony. I also just wanted to say what a wonderful opportunity to have this working group.

Ironically, I am off island due to a catastrophic family event, and this is one of those instances that if one of my employees were to suffer paid family leave, would really make a significant impact. As a small business owner on Kauai, I would be proud to serve in any capacity in a working group, and I thank you for your time today. Mahalo.

Okay. Thank you very much. Okay. Cloipua Ena Vieiro Villanueva, in support. Aloha United Way, Michelle Bartel.

Not available on Zoom, Chair.

Okay, thank you. Okay. Judith Armstrong, Saipang Tomcheck. Jeannie Ota. Okay. Nancy Rusted. Okay. All in support. Annette Takeomente. Michael Loy Jr., Pride at Work Hawaii. All in support. Erin Vieiro Villanueva and Deanna Espinas. All in support. Any others wishing to testify? Any questions? I have questions for Department of Labor. Thank you, Director.

Okay, I know in your testimony you had mentioned numerous studies being done. Okay. And specifically how many previous studies do you know of?

There's been two studies, one's called the women's studies, and the other one was the LRP. And the problem with those studies is that they didn't consult with DLIR. I mean, I don't know how you can, you know, make conclusions that, you know, to where you don't even ask the people that have to make it work.

And they didn't. Some of the data that they used were outdated.

Okay. And also, under previous bills that were being considered by the Legislature, there was a number of positions and operational funding that was requested. How did you guys determine the number of positions and funding needed for the Department to stand up a program and to operate it?

Let me ask our administrator, Chair. We estimated about 122, and, you know, we're looking at about 15 million, including...

Good afternoon, Chair and Representative—or Senator, sorry, Moriwaki. Joanne Bidddenhar, Administrator. We came up with the staff count based on looking at Unemployment Insurance, because if we compare to anything that is done in the Department, paying out claims, unemployment insurance would be the closest. And unemployment insurance has 150 staff.

So, we looked at that and the types of positions that are there for unemployment insurance, and we did try to see what's most effective to start off the program. And so, we came up with 120. And so, that was based on the salary ranges that, again, would tie into those comparable positions.

So, similar to UI, UI operations are, you know, typically fed funds. So, is there any fed funds available for a family leave, a paid family leave program, such as what we're trying to consider?

No, there's not. I mean, that's one of the, you know, our big concerns is that unlike the unemployment insurance, where the Administration is paid by federal funds under this one.

I mean, I hope, Director, that you understand the reasoning for a resolution such as this, because I think there's a sense of frustration. There's a sense of concern. I think some of the proponents have shared very good reasons why the paid family leave program is very much needed.

So, I think moving forward, we'd like to continue to work with you. Ultimately, it'll be a program that you would be willing to house. Not quite certain on the position count, given two days and probably the near future's fiscal outlook, but I think there's very strong need here.

And just looking forward to working with you and your staff. Thank you very much. Senator Moriwaki.

I'm just looking at the task force composition because this is an important issue area and I know that we have a lot of people who have interest, but just wondering, looking at some of the testimony, like for example from SHRM, which would have employers and employees, public and private.

So, are there members here or should there be members at the table that can help us really look at how we, we put together a program that would serve the interests of both public, private employees and their interests? I know that we've heard that AAUW wants to be a member and it's not listed.

UH and judiciary were also added or asked to be added on—or requested to be added on. And so, I'm just wondering, you know, your composition and the ability to get something out in the year. We look forward to the results. But do we have all the people that you need to get information you need?

Okay, so thank you for that question, Senator. I agree that we need a well-balanced working group. If that is—if there's someone that's not on here. I think from our perspective also there's issues that we brought up, which is the, in compliance with federal, the code of federal regulations.

And so, what we don't have, I think that may be a missing piece, besides these organizations, is one with expertise on the federal law.

And so, when we look at the code of federal regulations, I'm not sure if there is someone that we can put on a working group that would be able to have that expertise to tell us where the language that is proposed that we need to address the conflicts that we have with federal ERISA law.

Would there be an organization, federal organization, that could include, I guess to include them in that?

I don't know. And that's where—that's the piece that I think is missing for the federal side of it, to be able to ensure that, I mean, if we want this to be successful, which we do, we've got to be able to get the right people at the table.

And so, if we get everyone together that we need and looking at the testimony, I'm sure that adding those individuals in would be appropriate. But it's the piece that I'm still worried about, the Federal Code of Compliance. So, there's two code of.

So, with something like language, it's pretty contained now, but with something like a federal representative, something where it gives you some latitude to find the organization to provide that kind of perspective to the Committee.

If there is someone with that expertise of federal expertise, it's the interaction with state laws that we want to make sure that that is covered.

Thank you.

Any other questions? Okay, thank you very much, Director Administrator. Thank you. Okay, let's move on to SCR55SR37. This would request DHERD to conduct the comprehensive review of the boiler and elevator inspection branch to increase personnel recruitment and retention. Up first we have Department of Labor Industrial Relationship.

Aloha Chair, Vice Chair and Senator Moriwaki. Jade Butai for DLIR. We stand on our testimony and support. The more information, the more study and review out there. It can only help our elevator and boiler branch of our Haas at the end of the day. So thank you.

Thank you very much.

Okay. Thank you very much, Director. Okay, up next, we have DHE RD, Director Hashimoto or Deputy.

Chair, Vice Chair, Senator Brian Furuto, Deputy Director DHERD. So we are definitely in support of the intent of this resolution. We do ask for a slight amendment to put labor in charge of the actual study itself. You know, in the past we have partnered with labor to do shortage differentials for this area.

The reason why we're asking labor to take the lead is we don't have. We don't understand and know the intricacies of their division like they do. They'll understand the operational aspects and the analysis that's necessary. That said, we do support the intent of this measure. Thank you.

Thank you very much, Deputy. Okay, up next we have National Elevator Industry Inc. Billy Taylor on Zoom.

Yes. Hello. Good afternoon, Mr. Chairman. Can you hear me?

Yes.

Great. Hello, Mr. Chairman and Members of the Committee. My name is Billy Taylor. I'm the Director of Government Affairs from the National Elevator Industry, or NEI. We represent those elevator manufacturers and service companies. NEI submitted a detailed written statement for the record.

But I'd like to make a few key points, and there's no other way to put it, but the lack of available elevators inspectors is having a negative impact to the state's business environment. And our companies are facing significant impediments to their operations.

The issue has resulted in what is now unmanageable wait times for inspections Three to four months in some cases, which is creating a growing backlog and new installation turnover and is making modernizations increasingly difficult. For these reasons, NEI urges this Committee to support Sr 37 in obtaining the information needed to improve the elevator installation inspector inspection program.

Thank you for your time and consideration.

Okay. Thank you very much. Okay, we have hga. Okay. Thank you very much. I believe that's all the testimony we have received. Any other special to testify? Seeing none. Members, any questions, please introduce yourself for the record. Yeah, Chair. Face. Chair.

Senator, my name is Darren Hamasaki. I'm the operations manager for Schindler Elevator and we stand in support for this resolution.

Okay, thank you. Thank you very much. Any others wishing to testify? SCR55. SR37. Okay. All right. Okay. Please introduce yourself.

Morning, Chair, Senator, Chuck Decoydo, Branch Operations Manager for TK Elevator. I'm here in full support of SR37, of moving it forward to get our industry back to where it needs to be. Appreciate your time. Thank you very much.

Thank you very much.

Good afternoon Chair, Vice Chair, Senator Moriwaki, my name is Javier Pomerink with Otis Elevator Company and I'm here in support of this resolution. I do

I work on the construction side for the past 20 years now, and this has been a challenge with developers, general contractors, and the inspection branch is a critical partner in turning over projects that we're doing on time. So anything that can be done to support that branch, we're in support of. Thank you very much.

Thank you.

Hello, Chair, Vice Chair. I'm Keith Taramoto with Otis Elevator. I too work with Javier, and I've been in the industry for 46 years now. So I support this resolution and I think it's really important that we move forward to finding new inspectors.

Not the reason why I kind of mentioned I'm 46 years in the industry is that's what you guys normally find is retirees. So you. You only get a couple of years out of them, you know. So we're looking for the younger generation that. But they want to make a career out of it, you know.

So I think bringing up the pay and finding the talent, the younger talent, will help the industry in the long run. So I support this resolution.

55. Okay, thank you very much.

Hello Chair, Vice Chair, Senator Moriwaki. Michael Nagao, General Manager of Kona Elevators and Escalators. Been in the industry for 30 years. Definitely support the bill. Connie is in full support. The hardships for the companies is there, as well as for the general public to get their permits and inspections done. Thank you very much.

Thank you very much. Any others wishing to testify? Seeing none. Members, any questions?

So Department of Labor Director just heard from HRD that they would recommend that Labor Department be overseeing this because they have not enough information. I guess the elevator industry or boiler industry. How do you feel about the resolution now puts it in HRD Is it HRD or DLNR D.

LIR well, in terms of what the. Because you're talking about classifications and compensation. I mean, they're the subject matter experts on those. We're not, you know, we. And it's their decision that.

I mean, I know it was brought up that, you know, the last time we, you know, we partner on something, you know, on something like this, I mean, we had an insurrection in our, you know, in our boiler section because the, you know, they felt like they were being treated like second class.

So part of the problem is recruitment, but also, I guess I'm hearing that it's also getting people trained, getting younger people into the field and retirees coming back, giving us a couple of years. Is that something that we could work on? Is it something that the kind of training or incentives.

Well, there's a bill about to reduce the vesting period that it's working its way.

Training. Any kind of training program that you folks in labor.

Well, we're looking at also doing our own apprenticeship for the boiler and elevator because hopefully that if they start in our Department, that they will stay. But like what the previous testifier said, I mean, most of the people that we've been able to get are the, you know, the ones that are retiring from the industry.

So it's like, how do you get young blood into the state system and be able to progress through the system?

Well, I think compensation. You know, you start with the compensation. I mean, I mean, they're like the, you know, they're like the price hog at a, you know, 4H convention, you know, where. Because they, you know, they go out in the field and they, they see what their, you know, their counterparts are making. I mean, we.

And I think you, you know, you got to make it attractive enough because, you know, if we just, you know, if we're not even at the ballpark, I mean, this is a horse race. I mean, we're not even, you know, we're not even at the starting gate. So I think there's got to be a way.

That's why we trying to do as much in the Department to do a workaround based on when we didn't get the approval for the shortage differential. By doing special projects.

I guess I see missing that human element in this. That what is the problem and how can we. Yes. Classification compensation. But that's kind of at the end point of knowing what the problem is and where we're short. Is it short on training? Is it short on making this attractive job?

Those kinds of parts of it I see as not in the bill or the reso that might be helpful in terms of addressing the problem solving. But I don't know where you folks look at this reso is helping you folks get the people you need into your Department.

Well, like I said, I think the more information, the more study that is done. And you know, because that, you know, I think that it can only help the, you know, the system.

Who's that?

Okay. Thank you.

Any other questions or, Vice Chair?

No, just. I was going to say, you know, in case anyone asks, we're definitely doing our part and maybe of a recommendation for other departments can also ensure their elevators and their buildings are constantly broken so that we ensure this next generation a steady supply of clean wish here.

No, I mean everybody, you know, rides an elevator and I'm just. I'm just kidding. It's. But if DAGS is listening, you know, Director, I have a quick question.

Question. So you brought up a point regarding the shortage differential. My, my recollection is that last year we had put in funding for that. So what. What's the latest update on that specifically?

Well, it was the, you know, it never. Yeah, it was the, you know, Ways and means gave us the. They called it the, you know, shortage differential equity. I think that's what the chair of poison means. Because, you know, I don't know. Because.

Because basically, I mean, what we're pace is, is, you know, you, you, you, you have a unit. You're treating one side, you know, in the guy in one cubicle, you know, first class, whereas the. The next guy. And the. It never, it never got implemented.

So what we've been trying to do is do a, you know, a special project so that we don't need to go through the rigmarole DHERD.

So the chair is inclined to move this resolution the way it stands, you know, currently, we do understand DHERD has a concern that they may not be the appropriate agency to be in charge of this particular resolution. However, under the.

Be it further resolved under one the current organizational composition and its effectiveness in meeting its responsibilities for that specific portion. Are you guys willing to work with DHERD to help them understand absolutely. What ha, specifically what this branch is trying to do in recruitment and retention? Absolutely.

Because I think it would be a benefit for them to even go to the work sites rather than just do it, you know, in their, you know, do a test audit.

Again, to clarify, you guys are willing to work together. Correct? Okay, thank you very much. Okay. Any other questions? Okay, let's move on to the next resolution. Thank you, Director. SCR 64, SR 49, requesting DHRD to establish the Hawaii State Fellows Program. Okay. First, we have DHRD.

Chair, Vice Chair, Senator. So we are in support of the intent of this resolution. We do ask, however, that resources be provided. We understand that, you know, you cannot provide resources through resolution and ask that if, in fact, this were to happen, that the funds be put into HB 3 under the budget bill. Thank you.

Thank you very much. Okay, let's see. Anyone else? I believe that's the only testimony we received. Any others wishing to testify? Seeing none. Members, any questions? I have a quick question for DHRD. We understand the resources needed, and this probably won't be the avenue to seek those resources because you're asking for quite a bit. 25 temporary FTEs for the fellows, as well as two permanent staff. How do you guys determine the position count?

So the 25 is arbitrary. It could be anything. That's the number needed. How big or how small do we want the fellows program to be? Using Hele Imua as kind of a guide, they had quite a few. I don't know what the number is off the top of my head, but it's much more than the 25 positions, so that's what those positions are needed for.

And then the program itself would largely be scaled in terms of the permanent FTE. So this would be an adequate number, we believe, for the 25. If we go to 50, probably could still do it with two. But if we start talking about 100-150 fellows, then obviously it would have to increase.

Okay, thank you very much. Any other questions? Thank you, Deputy. Let's move on to SCR 67, SR 51.

Again, requesting DHRD to more closely cooperate with human resources development units assigned to state agencies comprising the state's public mental health care system to determine the necessary actions to expedite hiring and filling critical vacancies, including solutions to address the obstacles and challenges unique to the MET to the mental health care workforce. First, we have DHRD Deputy.

Getting my workout today.

So this is a good resolution. We are, again, in support of the intent of. We do ask for some amendments to the current language, the first one. And basically the intent of the amendments Is to ensure that everyone is cooperating and working together.

Oftentimes when we try to do a study or we try to reach out and our information is not complete, you know, we don't necessarily get everything. And so what we're asking is that everyone participate. And that's what the amendments, the language amendments do here.

Okay, thank you, deputy. Okay. Up next, we have the Hawaii State Council on Mental Health on Zoom.

Chair. Hi, Vice Chair Lee. Hi, members of the committee. Aloha. My name is Katherine Amer and I serve as the chair of the State Council on Mental Health or council of a 21 member advisory body established by Hawaii law to advocate for individuals affected by mental illness and to advise on statewide mental health needs and resource allocation.

To summarize, we strongly support SCR 67, which urges DHRD to collaborate more closely with state agencies to address the critical shortage of mental health professionals. Hawaii is facing a severe workforce crisis. It impacts vulnerable populations. Youth, older individuals, Native Hawaiian communities, neighboring islands who struggle to access timely, consistent care.

Suicide remains one of the leading causes of death among youth. And one in four residents by 2030 will be 65 or older, which will increase the demand for integrated mental health services. By adopting SCR 67, the Legislature can help modernize the hiring practices, develop targeted recruitment strategies and ensure access to essential services so mental health is public health.

Without action, workforce strategies or shortages will continue to drive higher health care costs. Thank you. We urge you to pass SCR 67. Mahalo for your opportunity to testify.

Okay. Thank you very much. Okay. We do have late testimony from Mary Pat Waterhouse in support. Any other special to testify? Seeing none. Any questions? Seeing none. Let's move on to the last pair of resolutions on the agenda.

SCR 63, SR 48 requesting the Department of Labor and industrial relations to study the establishment of a Hawaii workforce excellence award. There's a French term that I won't try to say. Yeah. Might disappoint or upset people, so I will not. But we have Director DlLIR.

Thank you, chair. Vice Chair and Senator Moriwaki. We stand on our testimony and strong support. You know, many good jobs don't require a college degree. So having a workforce excellence program will allow young people to learn that there are many paths to a good job. Thank you.

Okay. Thank you very much. Any others wishing to testify? SCR 63, SR 48. Seeing none. Members, any questions? We're going to recess briefly. Recess. Okay.

Reconvening our 3pm agenda for decision making. Okay. Up first, we have SCR 145, SR 117. Requesting that the Senate Standing Committee on Labor and Technology and the House Committee on Labor to convene a legislative working group to develop recommendations for establishing and implementing a paid family and medical leave program for the state.

Chair's recommendation is to defer decision making until Friday, March 28, 3pm in this conference room 224. There were a number of suggestions that I think the Chair feels need to consider before we come up with a decision. Okay, so deferred decision making to Friday, March 28, again, 3pm in conference room 224.

Moving on to SCR 55, SR 37, requesting DHRD to conduct a comprehensive review of the boiler and elevator inspection branch to increase personnel recruitment and retention. Members, the recommendation is to move this as is. Any questions or concerns? Seeing none. Vice Chair for the vote.

Voting on SCR 55 and SR 37. The recommendation is to pass unamended. [Roll Call] Chair, the recommendation is adopted.

Okay, thank you very much, colleagues. Moving on to SCR 64, SR 49, requesting DHRD to establish the Hawaii State Fellows Program. Members, the recommendation is to defer indefinitely. Moving on to the next set of resolutions. SCR 67, SR 51, requesting DHRD to more closely cooperate with human resources development units assigned to various state agencies.

Comprising the state's public mental health care system to determine the necessary actions to expedite hiring and filling critical vacancies, including solutions to address the obstacles and challenges unique to the mental health care workforce. Members, the recommendation is to move this as a Senate Draft 1.

We'll be taking DHRD's amendment, suggested amendments. Page two, lines 17 to 20, we're going to amend to read as follows. New language, underlined and bold. It resolved by the Senate of the 33rd Legislature of the State of Hawaii, regular session 2025, with the House of Representatives concurring that the that DHRD and the state agencies comprising the state's public mental health care system are requested to more closely cooperate.

And we're going to be striking those next two lines, and then it'll continue to read, to determine the necessary actions to expedite hiring and filling critical vacancies, including solutions to address the obstacles and challenges unique to the mental health care workforce.

And we're going to also add on page two, line 25 to 27, to amend to read as new language. And we're going to be inserting Director of Health, Superintendent of DOE, Department of Corrections and Rehabilitation, as well as the Judiciary, specifically the Chief Justice of the Courts. Okay, any questions or concerns, colleagues? Seeing none. Vice Chair.

Voting on SCR 67 and SR 51. The recommendation is to pass with amendments. Noting excused absence of Senators Ihara and Fevella. Are there any reservations or noes? Seeing none. The recommendations are adopted.

Okay, thank you very much. And moving on to SCR 63, SR 48, requesting Department of Labor Industrial Relations to study the establishment of a Hawaii Workforce Excellence Award Program. Members, the recommendation is to move this as is. Vice Chair.

Voting on SCR 63 and SR 48. The recommendation is to pass unamended. Noting excused absence of Senators Ihara and Fevella. Are there any reservations or noes? Seeing none, the recommendation is adopted.

Thank you very much. This concludes our hearing. Mahalo.