Veto override, Sunshine Law top Thursday news

A late push by the airline industry helped persuade the state Senate yesterday not to override a veto of a bill that would have raised the barrel tax on petroleum products by $1 to help pay for food and energy security programs and Gov. Linda Lingle's clean energy initiative.

A major environmental and energy conservation bill died yesterday when the state Legislature failed to override Gov. Linda Lingle's veto of the measure.

Hawai'i's eight-year effort to build a technology industry via massive income tax credits for investors has come to an end.

Maui Memorial Medical Center officials have been given the authority to negotiate a public-private partnership after Gov. Linda Lingle allowed a bill paving the way for the action to become law without her signature on Wednesday.

The number of Hawaii households facing foreclosure rose nearly 427 percent in June compared with the same month last year — its second worst rate in a year.

Energized by the public outrage over a recent County Council reorganization, a group is forming to explore the creation of a West Hawaii County.

The Hawaii County Council reacted to a lawsuit filed by West Hawaii Today by calling off committee hearings scheduled for Tuesday in Kailua-Kona.

As tropical storm Carlos continues on its weakening trend about 1,800 miles southeast of the Hawaiian Islands, forecasters say it likely will not impact the 50th state.

Peeling paint and water leaks are damaging Keaukaha gymnasium, prompting Hawaii County to sue the two companies that designed and built the 6-year-old, $4.3 million Hilo facility.

Hawaii fire inspections to be few and far between

Gov. Linda Lingle today signed SB 564, requested by the State Fire Council, decreasing the frequency from once every two years to once every five years for county fire departments to inspect all public buildings other than schools and airports. Fire chiefs can, however, use their discretion and inspect more often.

Public schools will continue to be inspected annually by county fire departments. Airports are the responsibility of the state.

“This bill would allow a county fire department to inspect buildings according to its fire and life safety risk,” said Kenneth G. Silva, Chair of the State Fire Council and Fire Chief of the Honolulu Fire Department, in March 31 testimony to the House Finance Committee. “As our state community and population continue to grow, fire department personnel have not increased proportionately, thus making it difficult, if not impossible, to inspect all buildings in two years.”

No one testified against the measure, and it received unanimous support on every legislative vote.

Top Hawaii Headlines: Friday morning edition

The Health Department may increase the Hawaii beverage container deposit by a half cent, which could result in retailers rounding up a whole cent for consumers.

A proposed tax of $1.05 on each barrel of oil sold in Hawai‘i, which would inevitably be passed on to drivers at the pump, would go to fund energy and food self-sufficiency in the state.

Oahu's neighborhood board election is making history because it is the world's first election being conducted entirely on the Internet and by telephone.

Maui's Island Dodge on Hana Highway in Kahului is among the 789 dealerships nationwide Chrysler LLC wants to eliminate by early next month, according to a bankruptcy court filing today.

A former Kaua'i mortgage broker who admitted to defrauding more than 50 people out of $30 million drove his truck off a cliff into a ravine in Washington state, killing himself yesterday, the day he was due in federal court in Honolulu for sentencing, according to law enforcement officials

State Sen. Fred Hemmings' wife, Lydia, pleaded not guilty to felony theft charges yesterday and is free on $5,000 bail pending trial in July.

A scientific study of shark-cage dive tours in Hawai'i indicates they pose little risk to public safety, largely because they operate at least three miles offshore and are frequented by Galapagos and sandbar sharks, two species rarely involved in attacks on humans.

The Army Reserve in the Pacific will get its first female leader: Brig. Gen. Michele Gillen Compton, who has been a reservist for more than two decades.

Derelict fishing nets are turned into electricity

While local officials cast about for ways to plug a growing budget hole, at least $10 million in salaries and benefits for vacant positions sits idle in Hawaii County coffers.

Kaua‘i’s Board of Ethics took significant steps toward a more transparent government Thursday morning.

After selling one of its bulldozers as surplus for $52,083, Hawaii County will have spent $427,025 renting it back by the time its recently extended contract expires June 31.

The Maui County Council on Wednesday approved keeping property tax rates at existing levels for the next year.

School officials are investigating how a Keaau Middle student managed to pull up an Internet pornography site on a school computer.

A Keaau couple accused of commercial promotion of marijuana claims their arrest was unlawful because both are medical marijuana patients.

Lawmakers to be schooled on sharks

Shark experts will be schooling lawmakers Thursday about shark feeding in relation to commercial tours.

The information briefing, conducted by the Senate committees on Energy and Environment and Water, Land, Agriculture and Hawaiian Affairs, will be held from 6 p.m. to 8 p.m. at the Capitol auditorium.

• On the agenda:
• Presentation by the Hawaii Institute of Marine Biology about shark behavior and human interactions.
• Presentation by Hawaii Shark Encounters about their shark tour operations.
• Presentation by Surfrider Foundation from the perspective of ocean recreation users.
• Presentation by Save Our Surf from the perspective of ocean recreation users.
• Presentation by the Royal Order of Kamehameha concerning the Native Hawaiian perspective of sharks.
• Presentation by the Department of Land and Natural Resources, Aquatic Resources Division regarding the state's jurisdiction over near shore waters.
• Presentation by the U.S. Coast Guard regarding enforcement activities in federal waters.
• Presentation by the NOAA Fisheries Service regarding federal jurisdiction.

Top Hawaii Headlines: Monday morning edition

Gov. Linda Lingle is asking for your input on the measures that do everything from dictate street planning to make include pathways for bicyclists and pedestrians, banning opihi hunting, changing the expiration date of some licenses, to designating the state insect.

The wife of Republican state Sen. Fred Hemmings has been indicted on charges of theft from a nonprofit organization.

DLNR faces ‘Plan B’ to fix parks, harbors

Hawaii lawmakers couldn't agree on a ban on genetic modification of Hawaiian taro this year.

Recycling paper to cut costs at Hawaii Community Correctional Center apparently led to the "inadvertent release" of confidential information on prisoners.

More than 600 public comments were lodged in response to a city plan to build a 20-mile East Kapolei to Ala Moana train.

A Kailua woman, accused of stealing about a dozen people's personal information to obtain credit cards, is expected to make her first court appearance in the case Monday.

Despite high-profile killings including a recent fire death in Makiki and the shooting of a Kailua attorney, the number of homicides in Honolulu this year is low compared to comparable-sized Mainland cities and on pace to meet the decade's average.

Kapolei resident Brent Buckley said he is glad the federal government is helping to fund a cleanup of former sugar cane land in West Oahu containing toxic chemicals from pesticides.

Maui Memorial Medical Center improvements, bolstering Honoapiilani Highway against erosion, and land acquisition for a Maui Community College campus on Molokai are just some of the projects funded in the budget passed by the state Legislature.

The value of one Hilo parcel has more than quadrupled since it was rezoned by the County Council in 2004, leading one council member to question whether the county should be stricter about making property owners adhere to their stated plans for rezoning.

County crews pushed back sand and removed the tops of dunes along a quarter-mile stretch of South Kihei Road last week as part of an effort to keep sand out of the road.

Hawaii-born astronaut Megan McArthur will have her hands full this week as part of the daring shuttle mission to repair the Hubble Space Telescope.

Top Hawaii Headlines: Thursday morning edition

Hawaii continues to have the lowest rate of gun-related deaths in the nation, which state officials and a national organization attribute to Hawaii's strict gun laws and low gun ownership.

The Army yesterday said it has given up efforts to retry 1st Lt. Ehren Watada on three charges for refusing to deploy to Iraq in 2006, but has not made up its mind about two other court-martial charges or the possibility of administrative punishment.

The state's $5-billion-a-year budget and an estimated $300 million in tax increases are to be decided in vetoes and possible overrides today and tomorrow.

Gov. Linda Lingle yesterday continued to denounce tax increases approved by the Legislature when she took her message of no new taxes to the people in a live webcast. The governor's Web site was overloaded during the 4:15 p.m. time slot and many late-arriving viewers had trouble loading the page.

A bill that aims to plug a $150 million hole in the state's two-year budget also portends the demise of the state's burgeoning high-technology industry, some lawmakers say.

Two more O'ahu adults appear to have contracted swine flu, which would bring the number of Hawai'i cases to five.

One of two men who allegedly killed and ate a family's pet dog pleaded guilty yesterday to first-degree animal cruelty.

Property taxes would be held steady and free bus service continued, but the county's 2 percent land fund would be suspended and prime Hamakua acreage sold under an amended budget Mayor Billy Kenoi released Tuesday.

Furloughs of nonunion county legislative and executive branch workers are off the table in Hawaii County.

As negotiations continue to lay the groundwork for a new Target and expanded Safeway store in Hilo, a final environmental assessment anticipates no significant impacts.

A jury on Wednesday found Kelii Acasia guilty of manslaughter for the beating death of a man in Waikiki last year.

Five Keanae residents launched a campaign this week to stop the state Department of Education from permanently closing the one-room schoolhouse in their remote East Maui community.

Video contest publicizes election reform

HONOLULU -- Clean elections advocates have launched a video contest to get the word out about two initiatives currently being considered in the state Legislature.

First prize in the contest is a $100 amazon.com gift card. Second prize is a $50 gift card and third prize is a $25 gift card. Rules are here.

The contest is sponsored by the Coalition to Stop the Tsunami – a group that includes Common Cause Hawaii, Kokua Council, Citizen Voice, Americans for Democratic Action/Hawaii, Progressive Democrats of Hawaii, Advocates for Consumer Rights and the Hawaii Pro-Democracy Initiative.

Campaign finance bills at issue during this legislative session include:

Big Island Fair Elections Pilot. This pilot project is for public funding of Hawaii County Council elections in 2010, and the following two elections. The House passed HB 345, which would delay the pilot to 2014. The bill is pending in the Senate.

Corporate Campaign Donations. Legislators want to allow corporations to donate more than $1,000 in campaign contributions, but opponents have stopped two attempts this year to raise the $1,000 limit. There could be a third attempt using SB 93 and/or HB 345, opponents say.

Civil unions bill is dead again

HONOLULU – There is a saying that no bill is dead while the Legislature is in session, and one establishing civil unions is no exception.

But the Hawaii Senate killed it a second time today, failing to pull it from a deadlocked committee by an 18-6 vote.

HB 444, which would give same-sex couples all the rights and responsibilities of traditional marriage, already passed the full House and has been languishing a month in the Senate Judiciary Committee.

Senate Majority Leader Gary Hooser, a Kauai Democrat who is running for lieutenant governor, has been instrumental in keeping the bill alive. He said the bill has been bottled up in committee by a 3-3 vote, and it’s up to the full Senate to move it forward.

“This is a fundamental issue of the fundamental rights of people,” Hooser said.

Several opponents of bringing the bill forward said they weren’t opposed to civil unions, but they wanted the legislative process kept clean.

“Today is a day when there will be no winners. When one individual is denied rights of others, we all lose But there is a tomorrow,” said Sen. Jill Tokuda, D-Kailua, Kaneohe.

The issue has raised a community reaction like no other in recent memory, with groups on both sides holding candlelight vigils, picket lines and demonstrations.

Several times today, Senate President Colleen Hanabusa had to shush a rowdy standing-room-only crowd, while hundreds more people milled around in the Capitol rotunda, lining up for peeks through the glass into Senate Chambers.

Almost 70 percent of Hawaii voters in 1998 passed a constitutional amendment allowing the state Legislature to define marriage as between a man and a woman. A 1997 law allowed same-sex couples to register as “reciprocal beneficiaries,” including hospital visitation rights, authority to sue in wrongful death cases and inheritance and property rights.

Laws aim for quieter neighborhoods

HONOLULU -- Car alarms, leaf blowers, construction. Neighborhood bars. Motorcycles.

Noise pollution is a big problem on Oahu, and every year lawmakers try to do something about it. And every year, they fail.

This year’s crop of bills includes SB 605, addressing low-frequency noise in particular, setting decibel standards for night and authorizing the state Department of Health and county Liquor Commission to enforce them.

Many residents favor noise control.

“Loud late-night noise continues to polarize our community. Residents want a healthy neighborhood, one that includes them being able to sleep in their own homes at night,” said Susan Lebo, a resident of Chinatown Gateway Plaza in testimony.

Both the Department of Health and the Honolulu Liquor Commission oppose the legislation, saying they don’t have the money to enforce new rules.

SB 466 tackles leaf blowers, making it unlawful to operate them in a residential neighborhood, except between 8 a.m. and 8 p.m. on any day except Sunday or a federal holiday, and between the hours of 9 a.m. and 6 p.m. on Sunday or a federal holiday.

“We generally favor a quieter environment. We appreciate that some people dislike noisy leaf blowers/yard equipment,” said Dr. Chiyome Leinaala Fukino, director of the Department of Health. “Noise can be a nuisance and disturb sleep, even if it does not reach the levels that cause hearing damage. (But) There are also practical considerations in achieving a quieter environment.”

Recognizing the futility of trying to pass a law, Sen. Carol Fukunaga and other senators have created a resolution instead. SCR 62 tackles car alarms by requesting vehicle owners to turn them off or make them less sensitive.

“The activation of a single audible motor vehicle alarm system can disturb and awaken hundreds of area residents,” the resolution states.

House budget has deep cuts, layoffs

HONOLULU – State government is going to make do with a whole lot less, under steep budget cuts passed today by the House Finance Committee.

The committee unanimously passed a budget that goes two-thirds of the way toward making up a $1.8 billion shortfall over the biennium that starts July 1. Tax and fee increases are expected to make up the remaining one-third.

The budget situation could become even more dire tomorrow, if the Council on Revenues, as expected, forecasts a 6-percent revenue slump instead of the 3-percent that’s the basis of the current budget plan.

The budget, HB 200, cuts 374 positions, primarily employees in three programs lawmakers see as duplicative – the Disability and Communications Board, the Planning and Development Agency in the Department of Health, and the Career Kokua Program in the Department of Labor and Industrial Relations. Public affairs offices will also be hard hit.

“I will not sugar coat it or dumb down the reality of what we face,” said House Finance Chairman Marcus Oshiro, D-Wahiawa. “Drastic steps mirror a drastic situation.”

Democratic committee members, meanwhile, took advantage of the opportunity to blast Republican Gov. Linda Lingle for unilaterally saying there would not be tax increases or layoffs to deal with the sour economy.

The House budget cuts $235 million from Lingle’s $11.1 billion proposal for fiscal year 2010 and $170 million from her $11.3 billion proposal for 2011.

Lingle had promised communication, Oshiro said, yet he was blindsided by press releasees and public comments the governor made without discussing it with the Legislature first.

Committee members agreed that nothing should be taken off the table during these tough times.

“The fact of the matter, we’re chasing a $1.8 billion shortfall,” said Rep. Sharon Har, D-Royal Kunia, Makakilo, Kapolei.

Rep. Gene Ward, R-Kalama Valley, Queen’s Gate, Hawaii Kai, rushed to the governor’s defense. Communication has to be a two-way street, he said. And the Finance
Committee hasn’t been telling the governor what it’s been up to either.

Ward added that the budget situation looks grim, but it’s not as bad as it was in the 1990s, when the state had to dip deeply into its reserves to keep the state running.

“We’re going a little bit overboard too quickly,” Ward said, adding however, “everything we say today is moot until we see what the Council on Revenues does tomorrow.”

Same-day voter registration passes Hawaii Senate

HONOLULU – Hawaii may become the 10th state in the nation to allow same-day voter registration, thanks to a bill that passed the state Senate today.

SB 654, sponsored by Sen. Les Ihara, D-Kapahulu, Kaimuki, Palolo, is aimed at improving Hawaii’s historically low voter turnout. It’s championed by the League of Women Voters of Hawaii, Common Cause Hawaii and the American Civil Liberties Union of Hawaii.

Even the 2008 presidential election featuring Hawaii-born Barrack Obama failed to excite Hawaii voters, with just under 70 percent going to the polls. That’s still higher than the estimated turnout nationwide, but still not enough to satisfy civic groups.

“The last month of campaigning is the period when individuals become most motivated and engaged in elections because of the heightened awareness of issues and mobilization of efforts in competitive races,” said Laurie Temple, lobbyist for the American Civil Liberties Union

“Voters that would be otherwise have been denied the opportunity to vote, including new voters or people who have recently moved, will be enfranchised by election-day registration and thus will increase voter turnout.”

In 2004, an average of 74 percent of eligible voters turned out to vote in states with election-day voter registration compared to 60 percent in states without election-day voter registration. In Minnesota, 77 percent of eligible voters voted in the 2004 presidential election. Wisconsin and Maine, which also have election-day voter registration programs, finished second and third, respectively, in voter turnout, according to Senate staff.

But Kevin Cronin, chief election officer for the state, worries about the likelihood of increased administrative costs and the possibility of fraud. Sen. Sam Slom, R-Kahala, Hawaii Kai, cited similar concerns when voting no.

“Increasing voter registration among eligible individuals might be more easily accomplished without risk of same-day voter registration by increasing voter education funding to further raise public awareness and encourage participation in voting and elections,” Cronin said.

House committee advances ceded lands bill

HONOLULU – A compromise giving the Legislature final approval over the sale of ceded lands is moving forward, even as the highest court in the land mulls over Native Hawaiians' wishes to keep the land in trust until a new Hawaiian nation can be created.

The House Hawaiian Affairs Committee just approved SB 1677, which unanimously passed the Senate last month. The bill, sponsored by Sen. Clayton Hee, requires a two-thirds vote of each house of the Legislature before ceded lands can be sold.

Ceded lands are lands once owned by the Hawaiian monarchy but ceded to the state to be held in trust for Hawaiians. Ceded lands comprise 1.2 million acres of land on all Hawaiian islands - about 29 percent of the total land mass of the state and more than 90 percent of state-owned lands.

Attorneys for the state Attorney General’s Office and the Office of Hawaiian Affairs argued their case Feb. 25 before the U.S. Supreme Court. It’s not known when the court will issue an opinion.

The bill has three more committee stops before reaching the House floor.

The Attorney General’s Office urged the committee to amend the bill so that ceded lands sales are treated like other commercial land sales. In those cases, the Legislature has the ability to disapprove a land sale or exchange after the state administration has negotiated to a final offer. The Senate bill, in contrast, requires legislative approval in advance.

“… There does not appear to be a pressing need for this bill,” at all, noted Attorney General Mark Bennett in testimony to the committee.

The Office of Hawaiian Affairs, on the other hand, believes the bill doesn’t go far enough, but is better than nothing. Numerous testifiers agreed with that philosophy.

“Hawaiian lands were never ceded, they were stole and taken illegally,” said Kelly Anne Beppu, a University of Hawaii graduate student in social work. “By allowing the state of Hawaii to sell these ceded lands, we are teaching our children that it is acceptable to lie, deceive and steal. I know I don’t want my children to grow up in a government that values those things."

Hawaii considers homeless express

HONOLULU -- No money? Just go home, already.

That’s the message Hawaii will be sending to some of the state’s thousands of homeless -- at least the ones who want to leave.

In what is hoped to be a more loving version of the old “bum express” of the Mainland, the state is considering giving plane tickets to those who’ve found themselves on the street because of the high cost of living and low prospect for jobs in the Aloha State.

HB 1187, the “return-to-home” program, would give out-of-state homeless people a one-way flight back to friends, relatives or other support groups. It’s estimated that each homeless person cost Hawaii taxpayers $30,000 to $35,000, while a plane ticket can be had for $400 or less.

“This isn’t meant to solve the entire homeless problem in the state of Hawaii, only the specific population that came to Hawaii with dreams of hula girls serving mai tais on the beach and has then encountered the harsh reality of homelessness in Hawaii,” said homeless advocate Netra Halperin in testimony to the House Finance Committee today.

Others urge caution.

“While we acknowledge the good intent of this bill, we caution that it may have the unintended effect of increasing the number o homeless persons entering Hawaii, once it is known that a person who gets here on their own will be able to get transportation back home provided by the state,” said Chad Taniguchi of the Hawaii Public Housing Authority. “We are concerned that some may misuse this program to take a free vacation to Hawaii.”

The bill is making steady progress through the Legislature, with only members of the greatly outnumbered Minority Caucus voting no.

The University of Hawaii late last year released its “Homeless Service Utilization Report,” a study that attempts to get a handle on the breadth of the homelessness problem on the islands and how best to address it.

Tobacco taxes face 40% hike

HONOLULU -- It’s not a good time to be a smoker.

State lawmakers are scrounging about in a tough budget year, looking for spare cash that will raise the fewest hackles possible.

They’ve lighted upon tobacco as the fattest bad boy in town and are contemplating up to 40 percent tax increases.

The anti-smoking attitude was exemplified in a proclamation declaring Feb. 27 as “Kick Butts Day” read by Lt. Gov. James “Duke” Aiona earlier today in front of a hundred or so screaming young people. The red-T-shirt-clad audience was a coalition from Hawaii Real, and they were sending their message loud and clear.

"We see the new smokeless alternatives as an attempt to create a new generation of tobacco users," Aiona said in a statement. "But I am very proud that more adults and teens are making the right decision not to smoke."

This is one cause that state lawmakers seem to agree with the administration on, at least in a year when tax pickings are slim. Both the House and the Senate have bills hiking taxes on tobacco products.

The House bill, HB 1175, would increase the per-cigarette tax from 10 cents to 14 cents.

The Senate bill, SB 38, raises the tax on other tobacco products from 40 percent of the wholesale price to 60 percent. SB 38 unanimously cleared the Senate Health Committee and is scheduled to be heard by the Senate Ways and Means Committee on Monday.

Advocates note that increasing tobacco taxes and using the money to educate youth on the dangers of smoking has dramatically cut teens’ smoking.

Fewer than 10 percent of the high school students say they have smoked at least once in the past 30 days, compared to almost 25 percent in 2000. But smokeless tobacco use has increased during the same period, said Trisha Nakamura, policy and advocacy director for the Coalition for a Tobacco-Free Hawaii.

“A tax increase will not only bring revenue into our State but it will reduce youth tobacco use,” Nakamura said.

Not everyone thinks tobacco users should be targeted for tax increases, however.

“I'm opposed to this hate and this madness. Would you please leave our people that smoke alone?” said Michael Zehner.

Hawaiians in da House (and the Senate)

HONOLULU -- More than 300 people chanted, danced, blew conch shells and beat drums in the Capitol Rotunda starting at 4 a.m. and continuing well into the afternoon today, protesting the ceded lands case being heard in the U.S. Supreme Court.

Details of the oral arguments by attorneys for the Gov. Linda Lingle administration and the Office of Hawaiian Affairs, as well as a transcript, are well-documented here by Honolulu land-use attorney Robert Thomas.

The Hawaii Legislature has also leapt into the fray.

The House and the Senate have passed SCR 40, urging the administration to drop the appeal.

A more substantive bill, SB 1677, requires a two-thirds vote by the Legislature before ceded lands can be sold. It unanimously passed the Senate on Feb. 20 and will be taken up by the

An uncivil discourse on civil unions

HONOLULU -- Supporters and opponents of civil unions were being subjected to cutting questions during a packed Senate Judiciary Committee hearing this morning.

The Senate took up HB 444, after the House passed it Feb. 12 by a 33-17 vote. It looked like the overwhelming amount of testimony was going to keep the hearing going for hours. The committee broke for session and was expected back at 1:30 p.m.

Proponents such as Alan Spector, of the Family Equality Coalition, say it’s difficult being called diseased and a threat to the state and compared to molesters and rapists just because they’re gay.

Many of the opponents, such as the Roman Catholic Diocese of Honolulu, said they do indeed believe homosexuality is wrong or against God’s wishes, and the state shouldn’t condone it.

Almost 70 percent of Hawaii voters in 1998 passed a constitutional amendment allowing the state Legislature to define marriage as between a man and a woman. A 1997 law allowed same-sex couples to register as “reciprocal beneficiaries,” including hospital visitation rights, authority to sue in wrongful death cases and inheritance and property rights.

Kathleen Sands, an American Studies professor at the University of Hawaii, said the framers of the U.S. Constitution contemplated a “live and let live” philosophy that Hawaii lawmakers should follow.

“This in no way requires that opponents ‘condone’ or ‘celebrate’ my relationship. In the United States, we don't expect Mormons to ‘condone’ Scientologists, or evangelical Christians to ‘celebrate’ Islam. But neither are these groups allowed to deny each other health care, parental rights, bereavement leave or life insurance,” Sands said.

“Marriage equality requires no more than does equity among the many religious groups that already co-exist in our state. And it deserves no less.”

The bill would allow same-sex couples to have all the benefits, protections and responsibilities of marriage after having their civil union performed by a judge or member of the clergy. The state would also recognize such unions performed in other states. The committee made it clear that it is not redefining marriage, but merely allowing civil unions.

But Lt. Gov. James “Duke” Aiona doesn’t see it that way. He points to overwhelming public opposition to same-sex marriage that culminated with the 1998 referendum.

“(The bill) now attempts to circumvent the will of the people by authorizing the equivalent to same sex marriage, albeit under a different name,” Aiona said in written testimony.

“That is, despite not referring to a civil union as ‘marriage,’ this bill would confer all of the rights, duties, and obligations of marriage to participants in a civil union In view of the above, this bill clearly seeks to modify all Hawai'i law so that the terms "marriage" and "civil union" are synonymous.”

“If the public is on record as being overwhelmingly opposed to the concept of same sex marriage, how could one conclude that they would support its 'identical twin' just because it goes by a different name?”

Currently, only Massachusetts and Connecticut allow gay marriages, and Vermont, New Jersey and New Hampshire provide some, but not all, of the benefits of marriage by recognizing civil unions.

Another day older and deeper in debt

It’s common, but usually not advisable, to want to max out your credit cards when times get tough.

The Hawaii Legislature is no exception, but the House Finance Committee is taking a cautious approach to bond debt at its hearing this afternoon.

A full slate of debt-related bills are being considered following last week’s grim financial news during a briefing by William Pound, executive director of the National Conference of State Legislatures.

The Legislature has no choice but to be cautious. The state constitution limits the amount of debt the state can undertake so that annual payments of principle and interest can’t exceed 18.5 percent of the average net General Fund revenues for the preceding three fiscal years.

The House, in HB 34, plans to set the stage to borrow $1.8 billion in general obligation bonds over the next three years – coincidentally the same amount economists have predicted the state will fall short in its General Fund budget over that period.

That amount will raise the state’s annual principle and interest payment just 10 percent, from $589.3 million to $648.7 million, between now and 2012, if the state borrows no more money in the meantime. Hawaii generally borrows using 20-year serial bonds, with payments on principle not kicking in until the fifth year.

Hawaii was ranked 11th in the nation in per capita debt in 2007 – with each man, woman and child in the state shouldering $4,665 in debt on the state’s behalf. That compares to $10,504 in Massachusetts, the highest state, and $674 in Tennessee, the lowest.

Hawaii ranks 13th in state debt as a percent of personal income, with debt representing 11.89 percent in 2007. Alaska, the highest state, has debt at 24.01 percent of personal income and Tennessee, the lowest state, has 2.02 percent.

Lawmakers hope borrowing more money for infrastructure will mean more federal stimulus money will come to Hawaii for needed projects.

Hawaii considers marijuana stamps

HONOLULU -- Talk about your green stamps.

The Hawaii House today advanced a bill that would issue cannabis distribution stamps to participants in the state’s medical marijuana program.

Hawaii has had a medical marijuana program since 2000, allowing doctors to write a pot prescription for everything from glaucoma to AIDS to cancer. The law allows patients with prescriptions to grow what is known in state law as an “adequate supply.”

That’s further defined as “an amount of marijuana jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant.”

The problem, unless the patient has the land and the ability to grow his or her own, has been that would-be users must break the law to get their legal supply.

“If a patient is unable to produce enough medicine, they must resort to transacting on the black market, with a variety of inherent risks,” said Big Island proponent Matthew Rifkin in testimony to a House committee.

The Legislative Reference Bureau, in its 2004 publication “In Search Of A Viable Distribution System For Hawaii's Medical Marijuana Program,” recommended the distribution-stamp program.

Under the program, a farmer puts up some land for secure growing facilities and a certified facilitator serves as the go-between from farmer to user. Users are issued stamps at a cost of no more than 50 cents per gram of marijuana.

The bill now moves to two other committees before coming back to the full House for another vote, then on to the Senate. Its chances of passing are pretty good, with only two of the 6 Republicans in the 51-member House voting no.

Law enforcement hopes it can stop the bill before it gets too far.

“The message could be interpreted as the state of Hawaii Legislature legalizing drug trafficking within the state,” said Paul K. Ferreira, acting police chief for the Big Island. “To expand the medical marijuana laws and amend our current statutes from their current restrictions would only assist those individuals now growing marijuana illegally and generating huge profits by allowing them to use the medical marijuana law to aid in avoiding detection.”

National group to bring bad budget news

HONOLULU -- If misery loves company, Hawaii’s got plenty of both.

A new report by the National Conference of State Legislatures says the budget gap – the difference between what states have and what they need – has moved nationally from “sobering” to “distressing.”

NCSL Executive Director William Pound will bear the bad news personally to Hawaii on Thursday, when he’ll address the House Finance Committee.

Pound is expected to update the committee on current fiscal conditions, strategies being employed to meet budget shortfalls and whether states should expect much relief from the federal bailout, known as the American Recovery and Reinvestment Act, which is currently being negotiated in Congress.

Hawaii’s three-year budget shortfall is estimated at $1.8 billion, but even that intimidating figure could become more frightening. NCSL, in its interactive budget map, shows Hawaii’s FY 2009 budget gap at $353.3 million, or 5.8 percent of the state general fund.

Even though some states have taken corrective actions, the current FY 2009 gap still stands at $47.4 billion, on top of the $40.3 billion shortfall for the 2008 FY, according to NCSL, whose budget analysts are predicting it’s going to get worse before it gets better.

"These figures are absolutely alarming, both in their magnitude and in the painful decisions they present to state lawmakers," Corina Eckl, fiscal program director for NCSL, said in a statement. "The easy budget fixes are long gone, only hard and unpopular options remain.”

House committee advances gay marriage bill

HONOLULU -- The House Judiciary Committee just gave the nod to gay marriage, moving HB 444 forward after hearing four hours of testimony.

The bill would allow same-sex couples to have all the benefits, protections and responsibilities of marriage after having their civil union performed by a judge or member of the clergy. The state would also recognize such unions performed in other states.

The committee made it clear that it is not redefining marriage, but merely allowing civil unions.

Currently, only Massachusetts and Connecticut allow gay marriages, and Vermont, New Jersey and New Hampshire provide some, but not all, of the benefits of marriage by recognizing civil unions.

The bill is on a fast track to the full House, during a legislative session that is so short of money that lawmakers have time to focus on cost-free but controversial bills such as this.

With 32 of the 51-member House signed on as cosponsors, the bill seems to have an easy trip to the alter of the Senate, where it faces an uncertain future.

About 69 percent of Hawaii voters in 1998 passed a constitutional amendment allowing, but not requiring, the state Legislature to define marriage as between a man and a woman. A 1997 law allowed same-sex couples to register as “reciprocal beneficiaries,” including hospital visitation rights, authority to sue in wrongful death cases and inheritance and property rights.