House Standing Committee on Labor

Morning, everyone. Thank you for being here. We are convening the House Committee on Labor to at 9am. Today is April 16 in Room Conference Room 309. We are gonna be limiting everyone to three minutes.

Thank you for your attendance. Okay. First on the agenda, SCR 56. First to testify, would be Kirsten Hermstad, coordinator for the Hawaii Water Safety Coalition in person.

She just stepped out on her phone.

Yep. We'll come back. Kurt Lager, Chief for the Honolulu Ocean Safety Department.

Yeah. Good morning, chair and vice chair. Kurt Lager, Chief of the Honolulu Ocean Safety Department, the City and County Honolulu. I submitted written testimony. I stand in support of of this Concurrent Resolution.

I've been a lifeguard with the City and County for twenty years. I'm working from the beach guard all the way through up to the chief level. I know the work that these guys do. They are true first responders, and I just hope that we can have support for this resolution. I'm happy to answer any questions.

Thank you, okay. Next up, Kirsten Hermstad, Coordinator for the Hawaii Water Safety Coalition, in person.

Aloha, chair and vice chair. Thank you for being here this morning. I've testified on this in front of you before for the house bill, and so I faced some thought about what I could say to you that you haven't heard already.

And I had an experience last week that I'd like to share with you that I think exemplifies exactly what we're trying to achieve here. So, last week, I attended a dedication for a new life flight helicopter on Kauai, and it was amazing.

It's like a fire engine that flies and it looks like an emergency room on the inside. It's incredible. And the Kahu bless the aircraft, the pilots, the flight medics, the paramedics, the ambulance drivers, the police officers, and the firefighters. Each one of them represent a critical link in the chain of care for somebody who's having probably the worst day of their life. Right?

There were no lifeguards there. What struck me in that moment was that lifeguards are often the very first link in that chain of care. Before the ambulance, before the fire department, before law enforcement, lifeguards are there. They're making the first critical decision about what happens next for that patient. They are true in the first responders.

But they're not formally recognized in that chain of care. They're the forgotten first responders. That's what studies we call them when they study how first responders get care. They study police and fire and EMTs and all of that, but they don't study lifeguards in what happens to them. They call them the forgotten first responders.

So I'm here today to ask you to not let that continue in Hawaii. Let's stop it here. Thank you.

Thank you.

Miss Herstad, did you say all of the youth are are here with you as well? And you need to be in another hearing. Right?

I think it's okay if, you know, we would love to hear from them now.

That's okay. We'll get to hear from them now anyway. Thank you so much.

Well, thank you for considering.

Sure. So anyone would like to testify now is your opportunity. Just come up, say your name.

Hi. My name is Lauren, and let me just say it's great to see a couple of familiar faces. If you don't know who I am, my name is Lauren, and I've been here, like, maybe two weeks ago to testify. Yeah. I've been going to junior guards for two years.

Last year, I did it for the whole summer. While I was there on week three or four, there was a guy who was stuck in the swamp. My teacher, uncle Tanner, went and helped save the man. There were no firefighters or paramedics to respond, only lifeguards. They are the first ones on the scene.

A hunter is a lifeguard like others, but all of them aren't called first responders. And that is just preposterous. If you Google what the dictionary defies first responders as, It says a person with specialized training. This includes firefighters, police officers, and paramedics. I have a question.

Where are the lifeguards? Please pass SCR 56 so that they can be on that list. Thank you for previously passing this and this resolution, and please continue to do so. Thank you for your time.

Thank you. And our announcement the front row right here.

Hi. My name is Joshua Simpson. I'm a freshman in high school. I think lifeguards should be recognized as first responders. My dad was surfing at Gas Chambers on the North Shore and caught a wave and fell and his board hit his head.

But luckily, the lifeguards were there right on the beach literally as the first people to respond to the scene. This is why I, this is the reason I think Lifeguard should be recognized as first responders. Please pass SCR 56. Thank you for the opportunity to share my support.

Hello. My name is Silas Watcher. As a kid who learned life saving skills from experienced lifeguards, I believe that lifeguards should be recognized as first responders because they are constantly looking out for people and saving lives on beaches all across Hawaii. Please pass SCR 56. Thank you for your considerastion.

Good morning, everyone. My name is Moses Kelvi, and I believe that lifeguard should be considered or recognized as first responders. Because when I went to junior lifeguards, we're taught how to save lives, and lifeguards save lives, just like first responders. And that is the reason I believe you should pass SCR 56. Thank you for your time.

Aloha kākou. My name is Sophie, and you might remember me from the last time that I was here to speak on this. And I would like to personally thank you all for your votes last time that I was here.

On an island surrounded by water, lifeguards are often overworked, underpaid, and underappreciated. When people often think of lifeguards, the first thing that comes to mind is a skinny, aloof teenager who lounges by the pool all day.

However, these are not the same lifeguards we're referring to. We were referring to the brave men and women who have trained for years to save people's lives. They push themselves to their limits so that they can be ready for any situation and save countless lives often without so much as a thank you.

A thank you for sacrificing time away from their families. A thank you for pushing themselves to their limits. And a thank you for putting their own lives on the lines. Eddie Alcoa, Tamal Perry, and other lifegueards died before ever being recognized as first responders, and that in itself is simply embarrassing. We should be willing to respect the people who protect, love, and sacrifice for us.

Mahalo Nui Loa. For listening to me, and thank you and the future generations of lifeguards and brave men and women. Thank you so much for your consideration.

Thank you.

Anyone else? You sure?

Okay. We'll move on to the next one. I just wanna say really quickly in case you have to be somewhere. Thank you for showing up. Your voice is important and, you know, like lifeguards, you show up, and that's what matters. It's a lot it's nice to see you showing up.

It's hard to get constituents to show up for some of these tasks, so we appreciate that. Okay. Next, in person, Kalani Vierra for the Hawaii Lifeguard Association. In person.

Hello, everybody. Chair, cochair, and members of this committee. My name is Kalani Vierra. I'm the Operation Chief of the Kauai Ocean Safety Bureau, and I'm also the President of the Hawaii Lifeguard Association. I've been serving our community as ocean safety officer in Hawaii for over thirty years.

Over the course of my career, I have responded to calmness water emergencies, and I've seen families reunited with their loved ones because of the quick actions our ocean lifeguards perform. Of the quick actions our ocean lifeguards perform.

Our ocean lifeguards are sometimes referred as the forgotten first responders. Not because the work is unseen, but because the recognition of the work is not kept pace with the reality of what they do every day. Our ocean lifeguards put their lives on the line every day to save others.

Most are strangers. At times, dealing with the most challenging hazardous ocean conditions. In effect, it affects how lifeguards are integrated into the public safety systems. It influences access to a higher level of medical training, mental health resources, and proper professional support. It recognize how this profession is understood, valued, and how important in the chain of survival.

This resolution represents an opportunity to align our ocean lifeguards with the rest of the first responders as a link to the chain of survival in a way that strengthens public safety across our state. Thank you for your leadership, and I humbly ask your support in this measure. Thank you.

Thank you. Next up, was Lauren Dorkey one of the kids? Okay. Alton Schaeffer?

Alice and Cynthia are here.

Okay. Thank you. Anyone else here to testify on this measure? The members, any questions?

We'll be moving on to SCR85 related to Department of Human Resources and workforce development. First to testify Brenna Hashimoto, director for the DEHERT in support.

Good morning. I'm running off island today but, I'm calling Jerome from the department who will be relevant with them in support of the rest of the world. Thank you.

Anyone else here testify this measure? K. We also have HGA in support. If there's any questions? K.

Moving on to SCR87 related to AEDs. First to testify in person, Keith Higashi, superintendent for the Hawaii State Department of Education in person. Next up, John Lewin, MD administrator for the state health planning and development agency in person. Kenneth Fink, director of health, Hawaii State Department of Health.

On Zoom.

Oh, on Zoom?

Aloha. This is Garrett Hall, on behalf of the Department of Health, the state chief of emergency medical services. We support this initiative and stand on our written testimony. I'm here to answer any questions. Mahalo.

Thank you.

Lawrence Simpson Gomez, government relations director for the American Heart Association.

Hello Chair, Vice Chair, Members of the Committee. Thank you so much for moving this forward and letting me come up here and reiterate our the importance of this SCR. Expanding AED access in state owned buildings is an impactful step forward to strengthen Hawaii's emergency response infrastructure.

Equally as important is the resolution's emphasis on the education and training, which encourages the state to explore and expand these efforts and will help ensure that more individuals are equipped with the knowledge and confidence to act in an emergency. Ultimately, increasing AED access and strengthening training programs will save lives, improve community health outcomes, and demonstrate Hawaii's commitment to public safety.

Thank you so much for hearing the testimonies today, and thank you so much for your attention to this.

Thank you. Pamela Foster, owner and president of the AED Institute.

Good morning. I am Pam Foster, registered nurse you know, owner of AED Institute. I stand on my testimony but I'm really here to answer any questions that you might have. 22 years I've been working in Hawaii to get AEDs everywhere. Keith says hi this morning.

I saw him on my way out. And having AEDs in state buildings will save lives. I'm sure that you read that the airport has a 7 to 8 times survival rate versus the community, and it's been that way since 2006. Our schools don't have AEDs. I'm assuming if this is state buildings, this would include schools.

We have people dying in our schools because we don't have AEDs. Just this week Elementary School saved a man at the tennis court because they had an AED. Every minute without 10% less chance of survival. We were just here a couple weeks ago, and I hope some of you guys took advantage of the classes. Right?

We trained over 300 people here at the capitol under the new DAGS program. DAGS has taken the lead on this, and they're doing an awesome job. So really, I'm just here as the expert on AEDs, on community training, and to answer any questions that you might have. What does it take to maintain it? How often does it need to be maintained?

What are the recommendations by the manufacturers? We have thousands of AEDs on this island as well in this state that are not being maintained because laws went into place with no budgets attached. That's a problem, and it needs to be considered. Any questions?

We'll ask questions at the end, but thanks for your testimony.

Alright. Thank you.

Anyone else here who testified in person or on Zoom? Any questions? Okay. Moving on to SEO. We also have guidance and support and support from another individual.

SCR 139 related to workforce development. First, to testify on Zoom, Deborah Halbert, VP for Academic Strategies from University of Hawaii System, in support.

Good morning, Chair Sayama, Vice Chair Lee. My name is Alan Rosenfeld. I'm the Associate Vice President for Academic Programs and Policy at UH. The University of Hawaii stands on its testimony in support of this resolution, and I'll be happy to answer any questions you might have. Mahalo.

Thank you. Next, Keith Dimelo on Zoom.

I'm actually here in person.

Okay.

Alright. Well, I'm Keith Dimelo, Chair of the Workforce Development Council, and...

Thank you.

Jade Butai, Director, DLIR, in person. Thank you. Next up, Sherry Menorah, President and CEO of the Chamber of Commerce of Hawaii, in support. Thank you.

Matt Probert, Policy and Comms Director for the Alumula Collaborative.

Aloha, chair, vice chair, members of the committee. Matt Probert on behalf of Alumula Collaborative. You've heard from me a lot on this one, so I'll save your time and stand on my written testimony. Available for questions. Thank you.

Thank you. Anyone else here in person? Llasmin Chaine, Executive Director for the Hawaii State Commission on Status of Women, on Zoom.

Hi. Good morning. Llasmin Chaine for the Commission on the Status of Women. I stand on our written testimony in support of this measure and offer the following comments for the committee's consideration. A unified and comprehensive workforce strategy has the potential to address persistent disparities, such as occupational segregation, wage gaps, and underrepresentation of women in high growth sectors.

Ensuring that the perspectives and needs of women and girls are integrated into workforce planning will help create pathways for economic advancement and support the broader goals of equity and inclusion. Incorporating gender-disaggregated data and targeted equity strategies will further strengthen the plan's implementation and evaluation. Thank you very much for your consideration and support.

Thank you. Matt Stevens, Executive Director for the Hawaii Workforce Funders Collaborative, in support, on Zoom.

Aloha, chair, vice chair, members of the committee. Matt Stevens, Executive Director for the Hawaii Workforce Funders Collaborative and the convener of the Learn, Work, Thrive Hui. I'll stand on my written testimony and really appreciate consideration for this resolution. Thank you so much.

Thank you. Is there anyone else to testify on Zoom? Okay, members, we also have testimony in support from DBEDT, Office of Economic Revitalization, Green County of Honolulu, Hawaii Oil and Gas Company, Mana Up, HPN Building Supply, Taihu Guarantee of Hawaii, AIO Family of Companies, Hawaii Community Foundation, Lanakila Pacific, and the International Brotherhood of the Next for Workers 1186. Members, any questions?

Seeing none, we'll move on to SCR 177 relating to a cooperative working group through DAGS. First to testify, Mary Alice Evans, Director for OPSD, in support.

Anyone else here to testify in this measure in person or on Zoom?

We also have support from, we also have testimony and support from DAGS.

Members, any questions? Moving on to SCR 170, related to procurement. First to testify on Zoom, Timothy Lyons, Legislative Chair for the Subcontractors Association of Hawaii.

Good evening. I mean, good morning.

Morning.

I'm Tim Lyons with the Subcontractors Association, and this resolution is basically just about transparency. Retainage is the practice where when you do business with the government, they withhold money to make sure the job goes right. It is the general practice that DAGS, at least by statute, will only withhold 5% of the first 50%. So in other words, 2.5%. It is very common, however, that general contractors withhold 10% from all of their subcontractors.

So this became such an issue in a prior legislature that a law was passed. And to their credit, as a result of that law, DAGS passed and set up a prompt payment retainage sort of flowchart. So everybody, including subs, can see who has been paid for what and when.

And that has drastically helped the situation because the most common excuse we hear from general contractors is that they have not received the money yet. This allows the subcontractors to at least check on that.

So DAGS has done a great job in setting that up. When we asked our members how big of a problem this was just from a few contractors, we got all the way from $250 to over $3,000,000 being withheld. So for a total of $12,000,000 just in that short period of time. So it is a fairly significant amount. This resolution that asks other procurement agencies to adopt a similar prompt payment or retainage website if they're doing business with private contractors.

So based on that and the extent that we think it will help, we urge your support. And thank you very much.

Thank you, Mister Lyons. Is there anyone else here to testify in person or on Zoom?

Members, we also have support testimony and support from DAGS, Plumbing and Mechanical Contractors Association of Hawaii, the Sheet Metal Contractors Association of Hawaii, Statewide General Contracting Construction, Hawaii Architectural Metal Glass Association, the Tower Contractors Association of Hawaii, the Hawaii Wall and Seating Industry Association. We also have offering comments the Natural Energy Laboratory of Hawaii Authority and the Hawaii Housing Finance and Development Corporation.

Members, any questions?

All recess.

I'm reconvening the House Committee on Labor for decision making. First, we have a SCR 56.

Recommendation is to pass as is. I wanna thank everyone who worked really hard on this, and all the kids who come to testify. I'm sorry. Members, any comments?

Vice chair for the vote. I'm sorry. Chair for the vote.

I'm sorry.

No. Voting on SCR 56. Recommendation is to pass as is. Chair, vice chair vote aye. Representative Garrett, excuse.

Representative Kapela?

Aye.

Representative Kong?

Representative Reyes Oda?

Aye.

Aye.

Thank you. Your recommendation is passed.

Thank you, Chair.

Next, SCR 85 related to collaboration from DHRD with agencies and organizations. Recommendation is to pass as is. Members, any comments?

Chair for the vote.

Voting on SCR 85. Recommendation is to pass as is. Knowing the presence of Representative Garrett, any member is voting no?

Any member is voting with reservations?

Thank you. Your recommendation is adopted.

Thank you, Joe. Next, we have SCR 87 related to AEDs. Recommendation is to pass as is. Members, any comments? Chair for the loan.

Voting on SCR 87. Recommendation is to pass as is, knowing the presence of all members. Any members voting no. Any members voting with reservations? Thank you.

Your recommendation is adopted.

Thank you, chair. Next, we have SCR 1 through nine related to workforce development. Recommendation is to pass as is. Members, any comments? Chair for the vote.

Voting on SCR 139. Chair recommendation is to pass as is. Voting presence to all members. Any members voting no. Any members voting with reservations?

Thank you, chair. Your recommendation is adopted.

Thank you. Next up, SCR 177 related to DAGS and cooperation creating a cooperative working group for state projects.

Members, recommendation is to pass as is. Members comments?

Chair for the vote

Voting on SCR 177. Recommendation is to pass as is. Knowing the presence of all members, any members voting no?

Any members voting with reservations?

Thank you.

Your recommendation is adopted.

Thank you, chair. Last on the agenda, SCR 178 related to construction procurement. Recommendation is to pass as is. Members, any comments? Chair for the vote.

Voting on SCR 178. Recommendation is to pass as is, knowing the presence of all members. Any members willing no. Any members willing with reservations? Thank you.

Your recommendation is adopted.

Thank you, chair.