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2021 Special Session Veto Override and Amended Measures

On Tuesday July 6, and Thursday July 8, 2021, for the first time in the State's history, the Hawai'i House of Representatives and Senate convened for a Special Session to amend and override bills vetoed by the Governor. Both chambers elected to amend three bills and override a total of six bills from the Governor's Intent to Veto list. In addition, the House overrode the Governor's veto on three additional bills. Listed below is a full list of the measures that were amended and overridden. For more information, please visit the Legislature's website.

Amended Measures

Effective 6/30/2021, appropriates moneys for deposit into the emergency and budget reserve fund and makes payments for other post-employment benefits. Appropriates moneys for debt service for fiscal biennium 2021-2023.

Repeals various non-general funds of the Department of Agriculture; Department of Accounting and General Services; Department of Business, Economic Development, and Tourism; Department of Education; Department of Health; Department of Labor and Industrial Relations; Department of Land and Natural Resources; Department of Human Services; Department of Public Safety; Department of Commerce and Consumer Affairs; University of Hawaii; Department of the Attorney General; and Department of Transportation. Implements recommendations of the auditor. Transfers most unencumbered balances to the credit of the general fund.

PART I - Establishes the University of Hawaii (UH) Cancer Research Center in statute as the Cancer Research Center of Hawaii. Requires the Director of the Cancer Research Center to be appointed in accordance with the Board of Regents policy. Requires the Cancer Research Center to be administratively affiliated with the John A. Burns School of Medicine to achieve greater efficiency. PART II - Requires UH to develop a plan for the School of Medicine and Cancer Research Center to achieve greater operational efficiencies. Requires the UH President to submit a progress report to the Legislature before the 2023 regular session. PART III - Extends the sunset of Act 38, SLH 2017, exempting UH's technology transfer activities from certain provisions of the state ethics code to 6/30/2024. Prohibits technology transfer activities in which UH employees have a conflict of interest. Requires Board of Regents to report employee conflicts to the Legislature. PART IV - Temporarily reenacts provisions of Act 39, SLH 2017, reestablishing UH's innovation and commercialization initiative program to 6/30/2024. Prohibits program activities in which UH employees have a conflict of interest. Requires UH to report employee conflicts to the Legislature. PART V - Temporarily repeals changes made by Act 42, SLH 2018, allowing the UH president to act as UH's Chief Procurement Officer for procurement contracts under chapter 103D, HRS, until 6/30/2024.

Vetoed Measures Overriden by Both House and Senate

Authorizes issuance of general obligation bonds. Makes findings required by Article VII, Section 13, of the Hawaii State Constitution to declare that the issuance of authorized bonds will not cause the debt limit to be exceeded.

Abolishes the office of aerospace development, aerospace advisory committee, and Hawaii unmanned aerial systems test site advisory board. Transfers administration of the Pacific international space center for exploration systems from DBEDT to the University of Hawaii at Hilo. Transfers the administration of and the budget for the Challenger center Hawaii program from the office of aerospace development to DOE. Decreases transient accommodations tax allocation to the convention center enterprise special fund. Repeals transient accommodation tax allocation to the counties. Authorizes the counties to establish a county transient accommodations tax at a rate not to exceed three per cent. Effective 1/1/2022, repeals the tourism special fund and repeals certain compensation package limits for the president and chief executive officer of HTA. Repeals the HTA's exemption from the public procurement code. Makes an appropriation for HTA.

Transfers oversight of the "Hawaii Made" program for manufactured products and the "Hawaii Made" trademark to the department of business, economic development, and tourism. Outlines the department of business, economic development, and tourism's duties and responsibilities for oversight of the "Hawaii Made" program for manufactured products. Appropriates federal funds to the department of business, economic development, and tourism.

Lowers the monetary threshold that triggers disclosure of electioneering communications. Repeals the requirement that disclosures of electioneering communications occur on the date of any subsequent expenditures. Classifies election advertisements sent by mail at any postal rate as electioneering communications. Exempts communications that are actual expenditures of an organization from being considered electioneering communications. Excludes candidate and candidate committees from the disclosure requirements. Applies beginning with the 2022 primary election.

Requires the department of education to publish a weekly report on schools that have reported positive COVID-19 cases.

Requires dog and cat owners to microchip their pets. Takes effect 1/1/2022.

Vetoed Measures Overriden by the House

Requires an appellate court to conduct a hearing when a conflict of interest pertaining to a judge or justice is alleged by motion of a party to any suit, action, or proceeding of the appellate court.

Prohibits courts of appeal from affirming, modifying, reversing, or vacating a matter on grounds other than those raised by the parties to the proceeding, unless the parties are provided the opportunity to brief the court. Requires a rehearing if the courts fail to afford the opportunity for parties to submit supplemental briefing.

Requires each school's academic plan to include a clear accounting of all resources that will be allocated to address and achieve each measurable outcome; the school's priority improvement strategies and measures to determine progress; student growth indicators; information about programs intended to address social and economic conditions that adversely impact student learning; a breakdown of certain teacher vacancy data; average class sizes for all regular education, special education, and contentbased Englishlanguage learning classes; and teacher workforce experience metrics. Requires the department of education to submit an annual report on the school academic and financial plans to the board of education and the legislature.


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