Hawaii part of Federal Honeybee Survey

From the Associated Press story, Hawaii has been selected to participate with 12 other states in a survey of honeybee pests and diseases.

Hawaii beekeepers have been battling varroa mites and hive beetles for the past few years, jeopardizing the bee and honey industry statewide. In addition, bee pollination is critical for certain types of pollination-based crops.

Today, Rep. Clift Tsuji will be the guest speaker at the Air Cargo Association meeting. He'll be presenting a Legislature Update: Focus on Agriculture. Here are some main points of the presentation:

Major Agriculture Bills Passed:

HB1684 Fines and penalties for intentional spreading or introducing of invasive species. This bill became law as Act 128.

SB2523 Strengthening agriculture inspection and biosecurity laws. This bill was enrolled to the Governor and awaits signature.

Major Agriculture Objectives/Issues:

*Providing an adequate number of inspectors to clear cargo in a timely manner.

*Preventing invasive species from impacting our farms and forests.

*Increased interceptions by USDA and in California has resulted in the embargo of Hawaii grown products.

*Newly established pests have hit ti leaf farms and beekeepers.

*Planning for inspection facilities that provide for the proper and safe storage and handling of cargo, expecially agricultural and food commodities awaiting inspection.

Photo: Honolulu Advertiser. Inspectors shake out Christmas trees for pests.

Funding for Agiculture Inspectors

In 2009, 52 out of 73 general funding inspector positions were given reduction in force (RIF) layoff notices. Twenty two (22) were temporarily reinstated.

In 2010, the 22 reinstated positions were placed on special funds, and 23 RIF positions were brought back by the legislature on general funds.

Labor Committees Discuss Fatal Industrial Accident

Rep. Karl Rhoads and Senator Dwight Takamine, respective Labor Committee chairs, lead the discussion with the Department of Labor.

The House and Senate Labor Committees today heard testimony from the Department of Labor and the Hawaii Laborers' Union on the handling of an industrial accident which occurred on May 16, 2009. The victim was crushed by a collapsed tower and died.

After the department's investigation, the employer was fined $750 prompting an outcry from the family of the deceased and the laborers' union. Prior to the briefing, the committees asked the deparment to respond to the following question:

Q: Please describe the criteria used and justification for the amount of the fines in this case.

The department responded in part:

A: ...Section 396-10(b), Hawaii Revised Statutues, provides the Director with the statutory authority to proposed civil penalties for violations of Chapter 396. Any employer who has received a citation for an alleged violation of the Law which is determined to be of a serious nature shall be assessed a civil penalty of up to $7,000 for each violation.

Section 396-10(j), HRS, provides that penalties shall be assessed on the basis of four factors: 1)The gravity of the violation; 2)The size of the business; 3) The good faith of the employer, and 4) The employer's history of previous violations.

The gravity of the violation is the primary consideration in determining penalty amounts...

In this case, the gravity of the violation was determined to be "high severity", which is "death from injury or illness, injuries involving permanent disability, or chronic, irreversible illnesses."

...In this case, the probability of the violation was determined to be "lesser probability." This determination was based on the following facts: the employer had work rules, provided safety training, had emergency evacuation procedures that were known to their workers, and the decedent was able to escape the area but for unknown reasons went back into the tower area.

Pursuant to the FOM (field operations manual) a serious violation with a high severity and lesser probability has a gravity based penalty (GBP) of $2,500. The GBP may be reduced by as much as 95 percent depending upon the employer's "good faith", "size business," and "history of previous violations."

In this case, pursuant to the FOM, no discount was made based on "good faith" since there was a fatality. A mandatory sixty percent discount, pursuant to the FOM, was made based on "size of business" since the employer had between 1 and 25 employees. also, a mandatory ten percent discount based on "history of previous violations" was made pursuant to the FOM, since the employer had no serious violations from HIOSH during the last 36 months preceding the date of the accident.

Therefore, a total of seventy percent discount was applied to the GBP of $2,500, resulting in the proposed adjusted penalty amount of $750. These are the penalty amounts and adjustment factors contained int he HIOSH FOM and the federal OSHA FOM.

Note: Rep. Rhoads continued to be troubled by the fact that the worker went back into the tower area after all of the construction crew heard a "pop" sound and were instructed to evacuate. The crew was bi-lingual (English, Spanish) and the consensus was that everyone understood the instructions. There was also concern that the amount of the penalty, $750, was not enough to incent employers to create a safer work place in the future.

Aloha to The Honolulu Advertiser and the Honolulu Star-Bulletin

Photo: State Capitol Media Room - The Honolulu Advertiser and the Honolulu Star-Bulletin doors side-by-side on June 4, 2010

Come Monday, June 7th, Honolulu's two daily newspapers will be merged into one and renamed as the Honolulu Star-Advertiser.

Joint Labor Committees to question Department of Labor

WHAT: The House Committee on Labor & Public Employment and the Senate Committee on Labor will hold a joint informational briefing on two subjects pertaining to the State Department of Labor:

Photo of Juan Navarro: Honolulu Star-Bulletin courtesy of Sandra Navarro

1. In May 2009, Juan Navarro, a construction worker, was killed by the collapse of a Hawaiian Cement tower at Campbell Industrial Park. Numerous questions have been raised over the department’s investigation by the Hawaii Occupational Safety and Health Division. News story on accident here. Union asks Legislature to follow up here.

2. Due to the current economic downturn, the state’s unemployment insurance fund was considered in jeopardy of depletion without the aid of federal assistance funds. The Department has decided to forego its efforts to obtain the federal funds. Lawmakers will ask why the decision was made and what is the status of the unemployment fund.

WHEN: Monday, June 7, 2010 – 10:00 a.m.

WHERE: State Capitol, Conference Room 329

Aloha Medical Mission on Kukui Connection

The Aloha Medical Mission will be the subject of the Kukui Connection on June 6, 13, and 20. I will be speaking with Ann Miller and Colleen Minami, both associated with mission administration. Snaps of mission activities are scattered throughout the program. The show airs every Sunday, Olelo Channel 54, at 4 p.m.

Lawmakers to Visit Homeless at Keaau Beach Park

Photo: Honolulu Star Bulletin

Homeless Tents at Nanakuli Beach

WHAT: The House Committees on Housing and Human Services will conduct a site visit to the Leeward Coast to meet with the homeless on the beach. The meeting will be coordinated by Pastor George Noble of the People of Promise Church

WHEN: Friday, June 4, 2010 - 10:30 a.m.

WHERE: Kea’au Beach Park – Waianae

WHY: The visit allows lawmakers to see firsthand the plight of the homeless residents and to talk with them directly about viable solutions. The committee chairs, Rep. Rida Cabanilla (Housing) and Rep. John Mizuno (Human Services) are working with community organizations to meet with local homeless residents to efficiently address their plight. They will also discuss the “chronic homeless” and Housing First Pilot Program at the site visit.

“It’s important to have our lawmakers come out and actually see the living conditions, and to hear directly from the homeless on what works or doesn’t work,” said Pastor Noble.

“This is a complex issue, and it will remain so unless lawmakers get out of their offices and see what’s happening on the street,” said Rep. Cabanilla. “This is a way to reach out and personally work with the homeless community on solutions that are viable for them.”

“We held an informational briefing on Wednesday and I was shocked to discover the sheer number of homeless we are dealing with, as well as the percentage of homeless that are from outside Hawaii,” said Rep. Mizuno. “Our services are being drained and we need to turn this around, in a humane way.”

New Law Protects Beach Access and Prevents Shoreline Erosion

Governor Lingle today signed into law House Bill 1808, a bill that prevents private property owners from blocking shoreline access by planting or cultivating vegetation. The bill, now Act 160, was introduced by Rep. Hermina Morita (District 14 – Hanalei, Anahola, Kealia, Kapaa, Waipouli), Chair of the House Committee on Energy and Environmental Protection.

“For more than a decade, concerned community members have been painfully aware of the abuses happening along our shorelines,” said Rep. Morita. “Adjacent property owners have been planting and cultivating salt tolerant plants to block lateral shoreline access or pushing the vegetation closer to the sea to manipulate the shoreline certification process.”

The new law requires the Department of Land and Natural Resources to maintain beach transit corridors by prohibiting land owners from planting vegetation that interferes with the corridors. It also establishes access to the corridors as a policy within the Coastal Zone Management Program. Notice will be given to property owners adjacent to the corridors if vegetation from their property blocks access to the shoreline. The department has the authority to take enforcement action if the issue is not resolved after 21 days.

“The passage of this bill will help to enforce Hawaii's long standing policy to protect as much of the beach as possible as a public trust resource, and to maintain the dynamic nature of our beaches to prevent shoreline erosion,” continued Rep. Morita. “I want to thank the many dedicated community members from all walks of life who have come together throughout the State and who have worked with various governmental agencies, as well as beach experts, to help address this issue in both the courts and through legislation.”

Hawaiian Airlines "Fleet of the Future"

Rep. Tom Brower attended Hawaiian Airlines' ceremony yesterday to introduce the new Airbus A330 and A350 - what will comprise what the airline calls its "fleet of the future". The company will embark on the inaugural flight this Friday, June 4th, with the A330 flying from Honolulu to Los Angeles.

At the ceremony, Rep. Brower met up with his neighbor in Waikiki, renowned island Chef Chai, who owns Chai's Island Bistro.

Info Briefing - Homeless Arrivals to Hawaii

VIEW: Oceanic - Olelo, Channel 49

WHAT: The House Committee on Housing and the Committee on Human Services will hold a joint informational briefing to review concerns about the arrivals of homeless people to Hawaii and the subsequent strain on the state’s services for the homeless.

In relation to the overall homeless issue, the committees will discuss the Housing First pilot program, passed during the 2010 legislative session, and the difficulty of the Department of Human Services Welfare Branch in prosecuting public housing fraud.

WHEN: Wednesday, June 2, 2010 - 10:00 a.m.

WHERE: State Capitol – Conference Room 329

WHO: The following organizations have been invited to participate:

State Department of Human Services
Hawaii Public Housing Authority
Rental Housing and Low Income Housing programs
U.S. Department of Housing and Urban Development
Institute for Human Services
Waikiki Health Center
University of Hawaii’s Center on the Family
DHS Welfare Fraud Branch

The Chair of Housing is Rep. Rida Cabanilla (District 42- Waipahu, Honouliuli, West Loch, Ewa) and the Chair of Human Services is Rep. John Mizuno (District 30 - Kamehameha Heights, Kalihi Valley, Fort Shafter.)

School Closures

KA'A'AWA Elementary

Rep. Jessica Wooley meets tomorrow, Wednesday, June 2,2010 with the community to discuss the Task Force report on the possible closure of Ka'a'awa Elementary. The meeing will be held at the Ka'a'awa School cafeteria at 6:30 p.m.

In January 2009, the Department of Education created a task force to study the possible closure of Ka'a'awa Elementary. If closed, students would go to Waiahole Elementary or Hau'ula Elementary. The task force report was published on April 30, 2010. A copy of the report can be found here.

KOHALA Elementary

Rep. Mark Nakashima met with the community this past Monday evening on the possible closure of Kohala Elementary. A story in West Hawaii Today is here. According to the article, the consolidation task force report indicated that the closure was unwarranted and didn't make financial or academic sense. However, the Department of Education appears to be going forward with the closure despite the report. The report summary can be found here.

In Honor of Memorial Day

Surfing Reserve Bill needs more input from surfing community

By Rep. Calvin Say, Speaker of the House of Representatives

Since the media has given so much attention to the surfing reserve bill, Senate Bill 2646, the following is an explanation for the recommittal of the bill by the House.

At the outset, I give assurance that the recommittal was not intended as an insult to Senator Fred Hemmings, who I like and respect. The House is much more responsible than that. The House acts on issues and facts, not personal feelings regarding individuals.

The House recommitted SB 2646 because of unease, uncertainty, and confusion about the actual effects of the bill. To honor individuals, the Legislature generally uses measures, such as resolutions and certificates, which have a lesser stature than bills and consume less public resources to adopt. In general, bills are passed to establish or repeal programs, appropriate funds, impose a duty, confer a right or privilege, or prohibit and penalize illegal actions. Because bills have the force and effect of law, the Legislature must be careful to avoid unintended consequences that may result in inadvertent negative effects.

During the last days of the session, some House members received calls from surfers and others opposing the bill. Rightly or wrongly, the callers were concerned that the surfing reserve designation would result in an advantage for commercial surf contests over recreational surfing.

Furthermore, "misunderstandings" over the final version drafted by the Senate negotiators on the bill caused confusion and raised suspicions as to the true intent. As drafted by the Senate, the bill included Makaha as a surfing reserve. The House negotiators had been led to believe that the Makaha designation was supported by the Senator representing the Leeward Coast. That, however, was not true. Additionally, as drafted by the Senate, the bill included references to "competitive sports" and "competitive surfing". Those references should not have been included. House negotiators had been adamant that the bill not be perceived as supporting commercial surf contests over recreational surfing. Although the errors were corrected by a floor amendment, the House's unease remained.

Because of this unease, uncertainty, and confusion, the House chose to recommit the bill, with an intent to consider it again during the next session.

Since the end of session, another practical question has arisen. What would the consequences be of the surfing reserve designation on swimmers, fishermen, snorklers, and canoe paddlers? Would the designation subordinate those recreational nearshore water users to "surfers" in Waikiki during the entire year and on the North Shore during the summer months? Remember, under the bill, "surfers" includes paddleboarders and stand-up surfers who do not need waves for their activities.

The unknown effect of the surfing reserve designation is the reason I suggested that the Governor hold public meetings in the affected communities before making any designation by executive order. Surfers and other nearshore water users should have the opportunity to review the proposed executive order, ascertain the intended effect, and provide input. Persons who oppose the designation of Makaha and Honolua Bay also should be permitted to state their opposition to the designation of those areas by executive order.

In the end, my belief is that the surfing reserve designation by executive order will have no substantive effect. The House Republicans merely wanted to pass a bill as a token gesture for Senator Hemmings. That the House Republicans have elicited and received front page coverage of the surfing reserve designation bill displays their misplaced priorities. They are more interested in "show" than "substance".

New Law Protects Emergency Healthcare Workers from Violence

Governor Lingle today signed into a law a bill that extends the protection of emergency medical service and health care personnel from violence, including assault and terroristic threatening.

House Bill 2349, introduced by Rep. Ryan Yamane (District 37 – Waipio Gentry, Mililani), protects Hawaii’s health care providers while they serve the people of the State of Hawaii. The bill expands the class of emergency services providers protected against assault and terroristic threatening by including physicians, physician's assistants, nurses, nurse practitioners, nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers providing services in the emergency room of a hospital.

“Emergency room services provided by a range of workers in the ER are vital to our health care system in Hawaii,” said Rep. Yamane, chair of the House Committee on Health. “By protecting our emergency room personnel from violent acts we can ensure a safer environment for our health care workers and their patients during their greatest time of need.”

The new law goes into effect immediately.

The end of furlough fridays

Rep. Tom Brower took this photo of Speaker Calvin Say addressing the media and audience during the press conference to announce the end of teacher furloughs. The Governor outlined a 4 part plan:

1. Use of SB2124 passed by the Legislature to use the Hurricane Relief Fund. She plans to release $57.2 million of the $67 million appropriated.

2. Use of federal ARRA funds, $2.2 million, for charter school furloughs.

3. Teachers agreed to give up 6 planning days.

4. Banking community agreed to authorize a $10 million line of credit, interest free, if needed.

Rep Isaac Choy's Prevailing Winds - June 2010

Click here to read Rep. Isaac Choy's June issue of "Prevailing Winds". Here's an excerpt:

"This issue of Prevailing Winds was penned in the middle of the Boston Common. I sat there among the Bostonians enjoying the beautiful 70 degree weather. Boston is one of my favorite places because I enjoy walking through the many colleges and museums and I love the Italian food at "Little Italy". I watched the squirrels scurrying all around and was wondering if they would eat coqui frogs."

Hau'ula Town Meeting to Focus on Drug Abuse

Rep. Jessica Wooley (District 47 – La’ie, Hau’ula, Punalu’u, Kahana, Ka’a’awa, Waikane, Kahalu’u, Ahuimanu, Kane’ohe) announced that there will be a Hau’ula Town Hall Meeting on Thursday evening to address the issue of illegal drugs and drug abuse in the community.

What: Hau’ula Town Hall meeting
Where: Hau’ula Civic Center (Revised 5/26 - not Hau'ula Elementary)
When: Thursday, May 27, 2010
Time: 6:00 p.m.

Agenda:

6:00 pm to 7:00 pm: The Hawaii Meth Project and Hina Mauka will provide information on problems, prevention, and treatment options.

7:30 pm to 8:15 pm: The Honolulu Police Department (HPD) and interested residents will discuss crime prevention and how we can form and organize the Hau‘ula Neighborhood Security Watch (NSW) group.

“Drug use and abuse are hurting many people in this district, and there is a lack of drug prevention programs and counselors in Hau’ula,” said Rep. Jessica Wooley. “I invited the Hawaii Meth Project and Hina Mauka so that we can see what our options are and start to take action.”

House Poll - HB444 Civil Unions

Question: What do you think the Governor will do on HB444 - Civil Unions?

Time Period: May 21- May 25

Responses: 150

*Sign into law: 74 (49%)

*Allow to become law without signature: 56 (37%)

*Veto: 20 (13%)

Big Island Sports Hall of Fame

Photo: David Corrigan, Big Island Video News

Rep. Jerry Chang introduces Cora Lee Matsui, widow of Jack Matsui, founder of the Big Island Sports Hall of Fame

Rep. Jerry Chang (District 2 - South Hilo) is president of the Big Island Sports Hall of Fame. This past Saturday, May 22nd, a wall with photos of 144 Big Island sports legends was re-dedicated at the Prince Kuhio Plaza in Hilo.

The wall had been out of public sight for two years when the shopping plaza used the wall space for another purpose. KTA Superstores is donating $5,000 a year to keep the wall up, and donations from other in the community help to maintain the photos and other activities.

Many of the inductees, their families and friends, attended the ceremony. Watch the ceremony and comments from the attendees in a video from Big Island Video News . Click here.

For more information, contact Big Island Sports Hall of Fame, P.O. Box 11211, Hilo, HI 96721.

Council on Revenues meets this week

The Hawaii Council on Revenues will meet this week Thursday, May 27th at 2 p.m. The COR will provide an update on the revenue forecast for this fiscal year through 2016. If you are following the Council's projections, you may want to read the last projections from March 2010 as a comparison. The report is here.

Each percentage point change is about $45 million in tax revenues. In March, the COR predicted:

2010 (-2.5%)

2011 (+6.0%)

2012 (+6.0%)

2013 (+6.0%)

2014 (+6.0%)

2015 (+5.0%)

2016 (+5.0%)

Coming up - Hospital and ER care for sexual assault victims

What: Informational Briefing on the current system of care for sexual assault victims in Hawaii's hospitals and emergency rooms.

When: Tuesday, May 25, 2010

Time: 10:30 a.m.

Where: State Capitol, Room 325

Committee: House Committee on Health. Chair: Rep. Ryan Yamane (District 37 - Waipio Gentry, Mililani), Vice Chair: Rep. Scott Nishimoto (District 21 - Kaimuki, Kapahulu, Waikiki, Ala Wai, Diamond Head)

Tapping the Hurricane Relief Fund for Education

Photo: Hawaii Education Matters

The legislature passed SB2124 authorizing $67 million from the Hawaii Hurricane Relief Fund to end the public school Furlough Fridays for next fiscal year beginning July 1, 2010. The DOE, BOE, HSTA and the Governor must agree on the amount to be used, but the legislature did its part in making funds available.

The use of the Hurricane Relief Fund, which currently has a balance of about $180 million, is appropriate. Here’s why:

· The Hurricane Relief Fund, which was attached to the Department of Commerce and Consumer Affairs, is no longer an active program. The mandatory annual contribution by property owners into the fund was abolished in 2001.

· People frequently ask, “What happens when we are hit by another hurricane? We need the money from the Hurricane Relief Fund to help with disaster relief.”

· The Hurricane Relief Fund was originally created after Hurricane Iniki, when private sector insurance companies ceased offering hurricane insurance. While the fund once served to provide hurricane insurance to Hawaii's mortgage holders, the re-entry of private sector insurance firms into the hurricane coverage market has negated this need. The fund no longer provides insurance policies, and moneys currently left are no longer needed to provide this service. While some may believe the fund is supposed to be used for reconstruction in the wake of a future hurricane, this is not the case.

· What about people who paid into the fund in past years? Shouldn’t they get their money back? The answer is “no.” Like any other insurance policy, once the policy ends, the insured does not receive back the amount of the premium.

· The fund balance, according to statute, should be transferred to the general fund. However, the current insurance commissioner has testified that the funds should remain in place in case the program needs to be reactivated in the future.

· Provided the $67 million from the fund is spent to end teacher furloughs, there will still be a balance in excess of $100 million, which is more than enough to reactivate the program, if needed.

· The balance is considered one of the state’s reserves, and plays an important role in qualifying Hawaii for a strong bond rating.

· While no one wants to tap into the fund if possible, most agree that the Furlough Friday situation is serious enough to warrant setting money aside from the Hurricane Relief Fund. Also, it doesn’t tie up general fund money that could be used for other worthwhile programs in case the parties are unable to reach agreement on the teachers’ contract.

Invasive species bill signed into law

Governor Lingle signed into law yesterday HB1684, a bill to prevent and reduce the intentional introduction and spreading of invasive species in Hawaii. The measure, now Act 128, does the following:

· Establishes a petty misdemeanor offense for any person who violates the provisions governing the importation of certain agricultural items

· Establishes a Class C felony offense for intentionally importing, possessing, harboring, transferring, or transporting any pest designated by statute or rule, unless the pest is otherwise allowed by law in the state

· Establishes penalties and fines appropriate to the harm to the natural environment, the economy, and the health and lifestyle of Hawaii’s people

“This law is critical to fighting the battle against invasive species,” said Rep. Clift Tsuji (District 3 – South Hilo, Panaewa, Puna, Keaau, Kurtistown), Chairman of the House Agriculture Committee and introducer of the bill. “Every citizen in the state, including visitors, must take responsibility to ensure that we are not allowing invasive species to ruin our natural beauty and hurt our economy. I believe that giving the Department of Agriculture this new authority will provide the disincentive we need for greater control.”

Hawaii Psychological Association Legislator of the Year

The Hawaii Psychological Association announced earlier this year that State Representative John Mizuno has been named as the organization's 2009 Legislator of the Year. Mizuno was honored for his commitment to providing better healthcare and human services to the people of Hawaii.

In addition to sponsoring legislation to ensure healthcare for all children in Hawaii, Mizuno authored bills to provide improved healthcare for the elderly and disabled, programs to stop domestic violence, and passed a Statewide Youth Suicide Prevention bill which is now law.

Mizuno helped to shepherd SB190 through the legislature, to allow a married couple of 63 years to reunite in a community care foster home and rallied behind measures to expand Hawaii's workforce and provide greater assistance to the needy.

He was also a strong advocate in supporting tougher laws against violent crimes and led "silent marches" at the Capitol to bring awareness to the victims of domestic violence and murder. Mizuno was the lead advocate to protect preschools and case management agencies from closures, and worked to save the lives of Pacific Islanders in need of dialysis and chemotherapy treatments.

This is the second year Representative Mizuno has been recognized as the association's "Legislator of the Year." In 2007, his first year in office, he became the only freshman legislator to be recognized for the award. Rep. Mizuno is the Chairman for the Committee on Human Services. He is also the Co-Chair of the Legislature's Keiki and Kupuna Caucus, a member of the National Conference for State Legislature's Human Services Committee and a graduate of the Western Legislative Academy.

Feed the Homeless at Maili Pt

WHAT: Rep. Karen Awana will hold an event to provide donated food for the homeless in the Maili and Nanakuli areas. She invites those who are able to volunteer and donate food to attend.

WHEN: Friday, May 21, 2010, 9:00 a.m.

WHERE: Homeless Park at Maili Pt. Beachside of Farrington Highway

WHY: The purpose of the event is also to help the homeless prepare for an eviction date of July 19th, as planned by the City and County of Honolulu.

"No conflict in vote on leasehold bill"

The Honolulu Advertiser printed Speaker Calvin Say's letter today in response to David Shapiro's Volcanic Ash column on May 17.

"This responds to David Shapiro's column concerning leasehold legislation entitled: "Lawmakers interfering in private business".

First, I have not attempted to hide my affiliation with "Tokyo Bento Nichiyo". My financial interest disclosure form filed with the State Ethics Commission clearly identifies the company as an income source for me.

Second, I do not have a conflict of interest regarding the leasehold legislation under House Rule 60.5. Under the Rule, when a House member is among a "class" affected by legislation, there is no conflict of interest. Since I am part of a "class" of 180 tenants affected by the legislation, I have no conflict.

Third, the Legislature does not automatically shy away from passing legislation simply because opponents allege that it has some sort of legal problem. The Legislature weighs such allegations against counterarguments and other information before making decisions to pass the legislation or not. If subsequent to passage the legislation is challenged for legal reasons, then it is up to the court to rule on the matter.

Finally, Senate Bill 2020, which extends the leasehold legislation, serves a legitimate public purpose for business in Hawaii. It was supported by many small businesses and passed by bipartisan votes of 25 to 0 in the Senate and 41 to 10 in the House. I refer your readers to the testimony and committee reports on SB 2020 at the Legislature's website capitol.hawaii.gov/session2010/."

New Law Authorizes Disaster Preparedness Plan

Flooding on Waianae Coast

(from Rep. Shimabukuro's blog)

Governor Lingle today signed House Bill 2692 into law as Act 119; the legislation authorizes the Director of Civil Defense to work with the City and County of Honolulu to develop a disaster preparedness plan for the Waianae Coast area, specifically House Districts 44 (Nanakuli) and 45 (Waianae).

The bill, introduced by Rep. Karen Awana (District 44 – Honokai Hale, Nanakuli, Lualualei) proposes a model disaster preparedness plan for the Leeward Coast which can be expanded for other areas of the state in the future. This area of Oahu has the potential to be severely impacted by natural and man-made disasters due to the following factors:

* There is one main highway into and out of the area, with no alternate routes. Closure of the roadway leaves residents stranded.
*There is a large homeless population in the area living on the beaches with limited resources.
*The elderly have limited access to disaster shelters and transportation services.
*The growing population in the area relies heavily on public transportation.

“A disaster preparedness plan for the Leeward Coast is long overdue,” said Rep. Maile Shimabukuro (District 45 – Waianae, Makaha, Makua). “I hope this empowers Civil Defense to move forward with a plan that will protect the community. We are all deeply concerned for the safety of the residents in the event of a disaster.”

The law authorizes but does not require Civil Defense to prepare a plan. If the department goes forward with the plan, the Director of Civil Defense must submit a report to the legislature prior to the start of the 2011 legislative session.

“A disaster preparedness plan is so critical to our community,” said Rep. Awana. “If a major disaster closes the road, this places our people in serious jeopardy. We need to have a plan in place so that we are prepared to deal with the inevitable disaster that will strike. It’s a matter of health and safety.”

Rep Chris Lee opposes selling state land

Rep. Chris Lee's op-ed appeared in The Honolulu Advertiser today.

"Diamond Head, the 'Iolani Palace grounds, Mauna Kea and the Ala Wai Boat Harbor are just a few of the state properties that could have been sold at auction if House Bill 2737 passed this year. The measure required the state to sell at least a half-billion dollars worth of public lands to balance the budget.

In his May 9 commentary, "State should sell land to ease budget woes," Jay Fidell makes the same suggestion. I must wholeheartedly disagree.

If the goal is to raise money, then it makes no sense to sell land while property values are depressed in the midst of a recession. Public land belongs to everyone, and it would be irresponsible to taxpayers to sell it for anything less than full value.

As a matter of policy, it is a bad idea to sell state resources to solve a temporary problem. After all, if the state sold land to balance the budget every time there was a recession, we might not have public parks, public facilities, or natural preserves, such as Kawainui Marsh or the Ka Iwi coast near Sandy Beach, left today.

The state already leases land to generate more than $110 million in revenue each year. A good example is Sand Island, which House Bill 2737 would have put up for sale. Lease rents collected from tenants on Sand Island alone account for half of the lease rent revenue that funds the payroll for the Department of Land and Natural Resources Land Division, the Office of Conservation and Coastal Lands, the Engineering Division and the chairperson's staff, as well as the Land Division's ongoing operating expenses.

State leases generate revenue to pay for state services, so people pay less in taxes. Selling leased lands means taxpayers would have to make up for the lost revenue. "Sand Island is the single most valuable piece of land the state has," Office of Hawaiian Affairs Trustee Oswald Stender said recently. "We cannot be selling the corpus just to solve the short-term problem."

The best interests of the people of Hawai'i are protected by our state Constitution, which requires the state to hold its lands as a public trust for the benefit of Native Hawaiians and the general public. This includes recognizing and settling Native Hawaiian claims to the land taken from the kingdom and ceded to what became the state of Hawai'i. As stewards of all public trust lands and as representatives of the community, our leaders have an obligation to make sure such ceded land is not sold until these issues have been resolved.

However, the state doesn't always know which land is ceded and which is not. As it turns out, Sand Island, which House Bill 2737 required be put up for sale, is ceded land. Selling properties like it would certainly raise endless court challenges.

Fidell explained that selling Hawai'i's public land would lead to a "great equalization" and "democratization of ownership." However, there is nothing more equal and democratic than public land that belongs to everyone, benefits everyone, and which can be used by everyone, not just the elite who can afford to buy it at auction. Generations of local citizens have benefited from the use of our public lands, and it is the greatest public resource we can pass on to the next generation of Hawai'i residents.

The sale of state land makes exceptionally poor financial sense and cheats taxpayers out of billions of dollars. More important, it defies our constitutional obligation to hold Hawai'i's greatest resource in public trust for future generations. Ultimately, the life of the land will not be perpetuated by selling our children's legacy, especially when the permanent long-term loss far outweighs the temporary short-term gain."

Rep. Chris Lee, D-51st (Lanikai, Waimānalo), wrote this commentary for The Advertiser.

Rep Mizuno sends letters to Farrington HS graduates

Rep John Mizuno (District 30 - Kamehameha Heights, Kalihi Valley, Fort Shafter) will be sending letters to the entire Farrington High School graduating class of 2010. Here's a short excerpt...

"Your accomplishment in graduating from Farrington High School is a great benefit to you, your family, friends and our society. Wherever life leads, be confident of continuing your ability to bring success to yourself and others. always set your goals high and be faithful to your ideals. It is in serving that you will find greatness. You can make the difference.

In closing, I would like to share part of a speech Sir Winston Churchill gave to Harrow School on October 29, 1941: "...never give in, never give in, never, never, never, never in nothing, great or small, large or petty, never give in except to convictions of honor and good sense..."

Along with all the educational and career opportunities, I hope you will remember and cherish your high school years with foundness. Thse are certainly some of the best times of your life."

News from Rep. Keith-Agaran

We've just posted the latest newsletter from Rep. Gil Keith-Agaran (District 9 - Kahului, Wailuku, Puunene, Paia, Sprecklesville.) You can find it under the "Community Newsletters" section of this blog, or click here. (Click on the download to see a sharper pdf image.)

POW MIA Flag

This Saturday, the third Saturday in May, is Armed Forces Day. If you see this flag flying in honor of our armed forces, here's why.

One of the first bills signed into law this year was Act 40, or HB2383 SD2 RELATING TO FLAGS. Introduced by Rep. Sharon Har (District 40: Royal Kunia, Makakilo, Kapolei, Kalaeloa), the Act allows the National League of Families' POW/MIA (prisoner of war/missing in action) flag to be flown with the United States and Hawaiian flags at the State Capitol and on the grounds of the State Department of Defense on specific days to honor American prisoners of war and military personnel who are missing in action.

The days are:

*Armed Forces Day (the third Saturday in May)

*Memorial Day (the last Monday in May)

*Flag Day (June 14)

*Independence Day (July 4)

*National POW/MIA Recognition Day (the third Friday in September)

*Veteran's Day (November 11)

Here is a link to the Act 40/HB2383.

What's happening with the old Kam Drive-In site?

Photo: Honolulu Advertiser

The Aiea Neighborhood Board will hold a meeting tonight, Monday, May 10, 7:30 p.m. at Pearl Ridge Elementary School to address a proposal by Robertson Properties Group (Los Angeles based) to redevelop the former Kam Drive-In site. The preliminary plans for the site include three, thirty-story, towers with an estimated 1000 residential units, as well as 150,000 square feet of retail space.

The community is urged to attend Monday night's meeting to hear additional details of the planned redevelopment and to have an opportunity to voice related concerns and questions. Residents living along Ka'onohi Street and Kamehameha Highway have previously raised questions about what this project will mean for the already congested traffic near the 14-acre site.

Representative Blake Oshiro, who drew attention to the proposed development back in February (http://the.honoluluadvertiser.com/article/2010/Feb/12/bz/hawaii2120352.html), notes that his office receives calls regularly from area residents concerned with the redevelopment project. Concerns have focused mainly on traffic congestion, possible retailers, and the eventual impact on swap meet vendors.

"Monday's meeting will provide a chance for the community to hear the Group's plans and ask important questions regarding the project's impact on existing roads, infrastructure, and other quality of life issues," said Oshiro. "An additional 1000 or more cars and people in this area would have a noticeable impact on the community, and we need to know the developer's plans for mitigating such impacts."

The development is touted as being an example of transit-oriented development (TOD) that will tie into the city's future mass transit project.

An agenda for the May 10th Aiea Neighborhood Board meeting can be found at the Neighborhood Commission website: http://www.honolulu.gov/nco/nb20/10/20mayag.htm

Session Wrap-Up on Kukui Connection

Rep. Marilyn Lee's special guest on Kukui Connection this Sunday, May 9, is House Majority Leader Blake Oshiro. Tune in at 4 p.m., Olelo Channel 54. The show repeats on May 16 and 23.

Rep. Oshiro and Rep. Lee agree that 2010 was one of the hardest, most challenging sessions in both their legislative careers, due to the financial deficit and the task of balancing the state budget. They cover the following topics:

*The targeted approach to balancing the budget
*The openness of the budget process, availability of the budget online
*Using the Hurricane Relief Fund to provide money to end student furlough Fridays
*Will Hawaii soon change to an appointed Board of Education?
*The Barrel Tax and its importance to our energy and food security
*Use of the Rainy Day Fund for critical social services
*Fireworks legislation
*Veto Overrides
*HB444 - Civil Unions

The following op-ed was printed in The Honolulu Advertiser, May 7, 2010

Link here.

State Republicans' spin on 'yes' is misleading
In reality, House GOP members voted yes to bills they now decry

By Rep. Blake Oshiro, House Majority Leader

Rep. Lynn Finnegan's recent commentary was inaccurate and misleading ("State Republicans claim 'yes' title," May 5).

The House Republicans' "yes" positions are nothing more than rhetorical exaggerations and partisan "spin," rather than meeting any obligation to the state of Hawai'i and its people.
In fact, it is ironic that she characterizes the positions as "yes" or "no" since by and large, even on the budget, the House Republicans voted in favor of a vast majority of all bills (fiscal and otherwise), and if anything, only provided "reservations."

To address the $3.3 billion deficit, one of the largest in the state's history, the Legislature approved a balanced budget for fiscal years 2009-2011 that relied on cuts and lapses to make up 50 percent of the shortfall last year, and more than 57 percent this year. This was all done without any increases to the general excise tax.

Any tax increases were targeted to affect less than 3 percent of the population, and made up only 10 percent of the shortfall last session, and 4 percent this session. To be clear, tax increases made up one of the smallest portions to balance the budget.

To take Finnegan's "yes" position on their "balanced" budget, means that the state:

• Must continue furloughs or cut employees' pay by 5 percent for two more years after 2011 (without this having ever been negotiated).

• Would have taken $100 million from the counties' share of the hotel room tax (which would have likely meant increases in property taxes or cuts in county services).

• Would not have restored critical positions in child protection services, adult mental health services, and occupational safety and health services.

These are untenable and unacceptable affects of the Republicans' proposals.

That, in sum, is the difference between the Democratic and Republican parties in the Legislature. The majority is tasked with the responsibility to ensure the state meets its obligations, provides for its citizens, and protects those who need it the most. The Republicans only have to concern themselves with taking "popular" positions and catering to those interests.

My hope is that in the future, partisan bickering can be put aside to work in the best interest of the state; that collaboratively, the Democrats and Republicans will come up with a cohesive plan.
I thought that the fact that the House Republicans all voted "yes" for the budget, despite some long-winded "reservations," was a sign of movement in that direction. However, as long as statements and inaccuracies like Rep. Finnegan's commentary continue, those days are apparently far away.

Rep. Blake Oshiro, D-33rd ('Aiea, Hālawa Valley, 'Aiea Heights), is majority leader of the state House of Representatives. He wrote this commentary for The Advertiser.

Child Welfare Services to Receive Audit

A House Concurrent Resolution, HCR165, was recently passed by the Hawaii State Legislature; it requests the state auditor to conduct a program audit on the efficiency and effectiveness of Child Welfare Services in processing and investigating complaints of child abuse and neglect, and on the misuse of child support.

The resolution was introduced by Rep. Ryan Yamane (left), Chair of the House Committee on Health, after hearing the personal experiences of victims, including that past claims of child abuse and misuse of child support have been ignored.

The Department of Human Services testified that the audit was “an unnecessary waste of limited State resources” and that “the audit will also divert the time and attention of child welfare services staff…”

The Cyrus Belt case has recently drawn attention to alleged deficiencies in the program. Cyrus Belt’s father, David Belt has filed a lawsuit claiming negligence by the Child Welfare Services branch, and that the mother allowed Matthew Higa access to the child. Matthew Higa was sentenced to life in prison yesterday for throwing 2-year-old Cyrus off an H-1 freeway overpass to his death.

“Very often, children who are abused or neglected have no one to fight on their behalf, and the results can be tragic,” said Rep. Yamane. “After hearing compelling testimony from victims who claim that complaints are often ignored, I believe the audit at the state level is warranted, and I hope the Department will work with us to make the improvements that need to be made.”

One of the testifiers, at the time a member of Rep. Yamane’s session staff, came forward as a victim in support of the resolution. Her testimony read, in part:

“In 2005, when I was 17-years-old I called the Hawaii Department of Human Services Child Welfare Services Program for help. By that time, things had gotten so bad that I didn't think I would see my 18th birthday. But instead of helping me find a way to escape my mother's abuse or receive the monetary support that was rightfully mine, the Child Welfare Services Program only referred me to the Child Support Enforcement Agency, which was unable to help me. This not only reaffirmed my belief that I did not deserve the help I needed to escape my abuser, but it also left me helpless as the abuse intensified. The efficiency and effectiveness of the Child Welfare Services Program needs to be investigated and improved so that children do not have to suffer through abuse without receiving assistance.”

The Attorney General and the Administrator of Child Welfare Services, through the resolution, have been asked to cooperate fully with the state auditor. The Auditor must provide a report to the legislature no later than 20 days prior to the convening of the 2011 legislative session.

It's not Cup o' Noodles

The Department of Education has had its fair share of media coverage recently; in some respect, overshadowing its counterpart - charter schools - and their struggle with funding, test scores and accountability.

However, a recent article in the Hawaii Business Magazine, which features three charter schools, explains the challenges, shortfalls and successes of charter schools on our islands.

Rep. Roy Takumi, chairman of the House Education Committee, also shared his vision for the future of charter schools:

"System change is not ‘Cup o’ Noodles,’ where you put in hot water and boom! But we’re getting there and we’re going to get there. Charters have to be nurtured and encouraged. Once they get to be mature and you don’t see results, then revoke...

“The whole point of charters was they were meant to be experiments, to have flexibility and autonomy and freedom from red tape. The feeling was that was hampering achievement of the school...

“We need to promulgate rules not just to revoke but to issue and review. One of my goals was to put some accountability into it. We want the good schools to succeed and to stop those schools that aren’t succeeding, to give someone else a chance. On average nationally, about 10 percent of charters are revoked annually. Then new charters spring up. It makes sense. These are experiments and some succeed and some don’t...

“The Board of Education is close to finalizing rules for revoking charters and in the next few months everyone will know what the rights are and what they’ll be held accountable to. If this is finally getting done, then by all means we should lift the cap. The Legislature would be very interested in lifting the cap. And we should have multiple authorizers."

The article mentions SB2589, which would allow charter schools to use vacant DOE facilities. The measure passed final reading on 4/28/2010. The cost of rent is one of the challenges of start-up charter schools.

Read the full article here.

Coqui Frog Awareness Meeting

Representative Isaac Choy, Senator Brian Taniguchi, Councilmember Ann Kobayashi and Malama o Manoa will be hosting an informative briefing on the coqui frog. The State Department of Agriculture will present from 6:30 p.m. - 7:30 p.m. at the Manoa Elementary School Cafeteria (3155 Manoa Road) on Monday, May 10, 2010.

For more info, call the Office of Rep. Choy at 586-8475.

Photo from http://www.ctahr.hawaii.edu/.

How the Budget was Balanced

House Finance supplied this helpful pie chart on how the budget was balanced, as required by law, for the biennium FY2010 -2011.

Click here for the pdf and corresponding tables. Or click on photo to enlarge.

At the start of the session, the legislature faced a $1.2 billion shortfall. The pie chart shows that this was resolved by:

*General Fund Budget Cuts & Lapses of $794.4 million (54.3%)

*Tax Refund Delay of $275 million (18.8%)

*Credit Adjustments, Loopholes, Penalties, Enforcement totaling $185 million (12.6%)

*Non-General Fund Changes totaling $77.8 million (5.3%)

*Cash CIP Lapses totaling $62.5 million (4.3%)

*Tax Revenue Increases totaling $58.5 million (4.0%)

*Fee Revenue Increases totaling $9.5 million (0.6%)

Veto Overrides and Civil Unions on Sine Die

The Hawaii House of Representatives today joined with the State Senate in overriding 11 of Governor Linda Lingle’s 14 vetoes. The governor vetoed several revenue generating bills, among others, that are part of a financial plan to balance the state budget.

“The Great Recession made our jobs very difficult,” said Speaker of the House Calvin Say in his final remarks to House members. “We made many hard decisions that disappointed, frustrated, or angered certain people. We, however, were forced to make those decisions because of the dismal economic and budgetary situation."

“During the 2009 session, we along with the Senate and Governor closed a $2.1 billion budget deficit,” he added. “During this 2010 session, we closed another $1.2 billion budget gap. History, I believe, will show that we, together with the Senate and Governor, bore the burdens of the Great Recession well.”

Bills passed or killed

Today, the House also took action on some final bills of the session. SB2626, designating two surf breaks on Oahu as Hawaii surfing reserves, and SB2405, streamlining sales and use tax, were recommitted and are therefore dead for the year. However, the House did approve HB1948, mandating the state to refund tax returns by 90 days from the day filed or the due date of the tax return, whichever is later, and HB921, creating land trusts for Hawaiian homestead leases. The measures will go to the governor for signature.

The governor has 45 days from the time a bill was received to veto it, sign it into law, or allow it to pass into law without her signature.

Civil Unions

After House Majority Leader Blake Oshiro today made a motion on the House floor to revive HB 444, a measure permitting same-sex civil unions, the members voted to pass the bill on final reading, 31 ayes to 20 noes. The bill now goes to the Governor for signature.

The following measures vetoed by the Governor were overridden by the Legislature and are now law:

House Bills

H.B. No. 2421, H.D. 2, S.D. 2, C.D. 1 RELATING TO GOVERNMENT. Food and Energy Security
Establishes various initiatives to promote economic development for local food and energy businesses, ensures Hawaii is energy and food self-sufficient and sustainable to the maximum extent feasible, and helps Hawaii's natural resources and humankind adapt and be resilient to the inevitable challenges brought on by climate change. Increases and changes the name of the environmental response tax, and sunsets the tax on June 30, 2015. (Introduced by Rep. Coffman) - House votes: 42 ayes, 9 noes


H.B. No. 1642, H.D. 1, S.D. 2, C.D. 1 RELATING TO THE PURCHASES OF HEALTH AND HUMAN SERVICES. Purchases of Health and Human Services; Request for Proposals
Requires proposals for purchases of health and human services to be submitted by providers licensed to provide the services being bid on. Requires proposals to include all costs, fees, and taxes, including any insurance premium taxes or general excise taxes. Prohibits awards or contracts to include any other payment, rebate, or direct or indirect consideration not included in the proposal (Introduced by Rep. Shimabukuro) House vote – 41 ayes, 10 noes


H.B. No. 1868, H.D. 1 RELATING TO CIVIL SERVICE. Civil Service; Leaves of Absence
Prohibits civil service employees who accept an appointed position from returning to their civil service positions more than one year later. Provides an exemption for employees covered by collective bargaining agreements that allow for a longer leave of absence to be granted. (Introduced by Rep. Rhoads) – House votes: 41 ayes, 10 noes


H.B. No. 2085, H.D. 1, S.D. 2 RELATING TO HEALTH. QUEST Contracting
Establishes limits on requests for proposals from health and human services providers for QUEST contracts that exceed $100,000,000 and commence after the term of the agency director expires. Effective upon approval. (Introduced by Rep. Yamane) – House votes: 45 ayes, 6 noes


H.B. No. 2086, H.D. 2, S.D. 2 RELATING TO HEALTH CARE DATA. Clinical Laboratory Test Results; Privacy
Allows clinical laboratory test results to be provided to authorized persons or any covered entity for any purpose permitted under the Health Insurance Portability and Accountability Act of 1996. Effective upon approval. (Introduced by Rep. Yamane) – House votes: 48 ayes, 3 noes


H.B. No. 2866, H.D. 1, S.D. 1, C.D. 1 RELATING TO TAXATION. Taxation; Income Tax Rates
Taxes the transfer of a taxable estate located in Hawaii by a nonresident who is not a citizen of the United States. Specifies that a decedent shall be entitled to all applicable exclusion or exemption amounts as determined under the Internal Revenue Code as of December 31, 2009, before being subject to any taxes, including up to a $3,500,000 applicable exclusion amount. Amends the definition of "Internal Revenue Code" to include certain federal tax principles. Adds definitions of "nonresident not a citizen" and "noncitizen transfer". Retains the State's ability to "pick-up" the state death tax credit as it existed in the Internal Revenue Code on December 31, 2000. (Introduced by Rep. Say) – House votes: 39 ayes, 12 noes

Senate Bills

S.B. No. 2159, H.D. 1 RELATING TO TRAFFIC ABSTRACT FEE. Traffic Abstract Fee
Increases the fee for a traffic abstract from $7 to $20, and increases the amount of the fee deposited into the general fund from $5 to $18. (Introduced by Sen. Hanabusa, by request) – House votes: 39 ayes, 12 noes


S.B. No. 2394, H.D. 1 RELATING TO THE BOARD OF TRUSTEES OF THE DEFERRED COMPENSATION PLAN. Deferred Compensation Plan; Board of Trustees
Makes the Director of Human Resources Development one of two ex officio members on the Board of Trustees of the Deferred Compensation Plan and deletes the requirement for the Director to serve as the Chairperson. Requires the Board to have five employee members appointed by the Governor with the advice and consent of the Senate. (Introduced by Sen. Takamine) – House votes: 45 ayes, 6 noes


S.B. No. 2501, S.D. 1, H.D. 1 RELATING TO PUBLIC ACCOUNTANCY. Peer Review for Public Accountancy
Requires peer reviews as a condition of certified public accountancy permits to practice. (Introduced by Sen. Espero) – House votes: 45 ayes, 6 noes


S.B. No. 2650, S.D. 2, H.D. 2, C.D. 1 RELATING TO THE DEPARTMENT OF HUMAN SERVICES. Department of Human Services
Authorizes the governor to develop and implement an eligibility-processing operations division pilot project for counties with a population of 500,000 or more. Prohibits any department of human services reorganization plan proposed prior to the effective date of the bill or other than the pilot project proposed by the bill. Sunsets June 30, 2011. (Introduced by Sen. Bunda) – House votes: 47 ayes, 4 noes


S.B. No. 2840, S.D. 2, H.D. 1 RELATING TO PUBLIC PROCUREMENT. Procurement; Construction Projects; Resident
Requires at least eighty per cent of workers on construction procurements to be Hawaii residents; provides sanctions for noncompliance including temporary suspension of contract work, payment withholding, disqualification from the project, recovery of contract payments, and disbarment or suspension. (Introduced by Sen. Bunda) – House vote: 46 ayes, 5 noes

TAG, you're it!

Even with Finance Committee hearings that creep past the midnight hour, Representative Isaac Choy still seems to find the time and energy to don his aloha shorts and athletic shoes for a day of hardwork for the community.

Rep. Choy joined T.A.G. (Totally Against Graffiti) on Saturday, April 17, 2010 in the McCully/ Moiliili area to paint over graffiti, pick up rubbish and remove stickers from walls.

Funding for Hawaii Aerospace program alive in Legislative Budget

House and Senate lawmakers have kept alive the Hawaii Aerospace program in the state budget, contrary to media reports today.

The funding for the one-person unit within the Department of Business, Economic Development & Tourism was preserved, not cut, by the Legislature and is located in a renamed budget program ID, BED120 – Energy, Environment and Aerospace (EEA). This was confirmed today by House Finance Chair, Rep. Marcus Oshiro, who added that in the Hawaiian language, ‘e’ea means “quick, ready, expert.”

Graffiti bill advances out of conference committee

House and Senate negotiators in conference committee yesterday advanced a bill that would make those convicted of graffiti damage more accountable for their actions.

The bill, House Bill 2129 H.D. 1 S.D. 1, would require a person convicted of criminal property damage involving graffiti to remove the graffiti within 30 days of sentencing and to perform community service over a time period that cannot exceed 2 years. With this bill, judges can require perpetrators to remove any graffiti within 100 feet of the offense.

The bill was introduced by State Representative Henry Aquino (35 - Pearl City, Waipahu). The freshman lawmaker represents a district on Oahu where graffiti is rampant and for years has been an everyday battle.

"This measure sends clear messages of deterrence and accountability,” said Rep. Aquino. “If you break the law, you will invest a lot of time and effort in paying for the crime. The community has tolerated this for quite some time, and we are now getting tougher on graffiti-related crimes. I believe this will help to decrease the number of incidents in our neighborhoods."

The bill will go before the House and Senate floor next week for a full vote, and, if passed, will go to the governor for signing. The bill will become law upon approval.

Noteworthy bills that passed conference on 4/22

HB979 RELATING TO THE ENVIRONMENT
Uses certain special funds to support invasive species control and mitigation and to promote reforestation and sediment run-off mitigation. (Introduced by Rep. Pono Chong)

HB1212 RELATING TO INFORMATION PRACTICES
Deletes the exception of a record of complaints with respect to government information relating to an individual's fitness for a license, when balancing an unwarranted invasion of a person's privacy against the public disclosure of the record. (Introduced by Rep. Calvin Say)

HB1665 RELATING TO HAWAIIAN FISHPONDS
Prohibits the sale of public lands on which government-owned Hawaiian fishponds are located. (Introduced by Rep. Faye Hanohano)

HB2397 RELATING TO PRIMARY ELECTIONS
Moves the date of the primary election to the second Saturday of August. Requires nomination papers to be filed not later than 4:30 p.m. on the first Tuesday in June. (Effective January 2011) (Introduced by Rep. Calvin Say By Request)

HB2583 RELATING TO IMPOUNDED VESSELS
Establishes civil penalties for shark feeding, including impoundment and forfeiture of any commercial marine vessel, and administrative fines; clarifies that all costs and expenses associated with the disposal of an impounded unauthorized vessel by the department of land and natural resources shall be borne by the vessel owner. (Introduced by Rep. Calvin Say By Request)

SB532 RELATING TO CIVIL LIABILITY
Limits the civil liability of property owners for damages to persons injured on premises while committing certain criminal offenses. (Introduced by Senator Brian Taniguchi By Request)

SB930 RELATING TO VOLUNTARY MEDICAL ASSISTANCE CENTERS
Provides for medical expenses and immunity from liability for licensed medical personnel providing volunteer medical assistance services on behalf of the State or a county. (Introduced by Senator Colleen Hanabusa By Request)

SB2231 RELATING TO ELECTRIC VEHICLES
Prohibits prevention of installing an electric vehicle charging station on or near the parking stall of any multi-family residence or townhouse. (Introduced by Senator Mike Gabbard)

SB2400 RELATING TO FUNDS
Makes emergency appropriations for the Office of Elections and the Elections Commission. (Introduced by Senator Donna Kim)

SB2547 RELATING TO SMALL BOAT HARBORS
Requires small boat harbor vessel permittees who, in the course of providing an excursion using state boating facilities, disembark fare-paying passengers in certain counties with the expectation that they will visit state property adjacent to quasi-public property during the excursion, to accompany passengers at all times while ashore. (Introduced by Senator Carol Fukunaga)

SB2729 RELATING TO IMMUNIZATION
Authorizes the Department of Health to establish and maintain a single repository of immunization records to be designated as the "Hawaii Immunization Registry" to aid, coordinate, and help promote efficient and cost-effective screening, prevention, and control of vaccine-preventable diseases, including pandemic influenza (Introduced by Senator Colleen Hanabusa By Request)

SB2806 RELATING TO THE EMERGENCY AND BUDGET RESERVE FUND
Allows moneys from the excess general fund balance to be deposited into the emergency and budget reserve fund as a temporary source of funding for the State during times of emergency, severe economic downturn, and unforeseen reduction in revenues. Requires that moneys transferred from the general fund and other moneys in the emergency and budget reserve fund be kept in separate accounts. (Introduced by Senator Shan Tsutsui)

SB2883 RELATING TO EMPLOYMENT PRACTICES
Makes it an unlawful practice for any employer or labor organization to bar or discharge from employment, withhold pay from, or demote an employee because the employee legitimately uses accrued and available sick leave. Limited to employers with one hundred or more employees and a collective bargaining agreement. Exempts cases where an employee is unable to fulfill essential job functions. (Introduced by Rep. Dwight Takamine)

Bills Passed Conference Committee 4/21/2010

HB1818 RELATING TO COGNITIVE RESTRUCTURING
Allows the department of public safety to provide reentry/reintegration programs in Hawaii's correctional facilities to offer cognitive behavioral theory with cultural and other interventions in order to address domestic violence, addictions, self-mastery through identity, and community connections for successful transitions back into the community. (Introduced by Rep. Karen Awana)

HB2000 RELATING TO THE JUDICIARY
Appropriates funds to the Judiciary for FY 2010-2011. (Introduced by Rep. Calvin Say By Request)

HB2061 RELATING TO CHILDREN
Statutorily establishes a process by which the family court can resolve matters regarding custody and visitation for service members of the United States armed forces, armed forces reserves, and national guard, and whose military duties require temporary absences. (Introduced by Rep. Cindy Evans)

HB2083 RELATING TO MILK LABELING
Requires milk beverages to be labeled with the date of pasteurization or the date of packaging. (Introduced by Rep. Ryan Yamane)

HB2349 RELATING TO VIOLENCE AGAINST HEALTH CARE PERSONNEL
Extends protection from assault and terroristic threatening to emergency room personnel. (Introduced by Rep. Ryan Yamane)

SB2045 RELATING TO CRIME
Establishes class A and B felony sexual human trafficking offenses, and provisions related to prosecution of the offenses. (Introduced by Senator Suzanne Chun Oakland)

SB2565 RELATING TO THE HAWAII CIVIL RIGHTS COMMISSION
Extends the deadline for the Hawaii civil rights commission (HCRC) to adopt new rules regarding disability discrimination to allow for conformity with new federal rules. Requires the HCRC to take into account certain circumstances when determining whether or not to release certain confidential information. (Introduced by Senator Dwight Takamine)

SB2716 RELATING TO CHILD PROTECTIVE ACT
Establishes child protective provisions in the Hawaii Revised Statutes that are consistent with federal Title IV-E provisions. (Introduced by Senator Colleen Hanabusa By Request)

POW-MIA flag will fly at Capitol

The National League of Families’ Prisoner of War and Missing in Action (POW-MIA) flag will now be flown with the U.S. and Hawaii state flags at the state capitol and on the grounds of the headquarters of the state department of defense on certain holidays.

House Bill 2383 HD1 SD2, introduced by Representative Sharon Har (District 40 – Royal Kunia, Makakilo, Kapolei, Kalaeloa), was signed into law as Act 040 on April 20, 2010, becoming law upon approval.

The bill’s intent is to recognize and honor the extraordinary heroism of the brave men and women who risked or sacrificed their lives or their freedom in the past, as well as those who place their lives in harm’s way on a daily basis in Afghanistan and Iraq.

The flag will be flown on Armed Forces Day (third Saturday in May); Memorial Day (last Monday in May); Flag Day (June 14); Independence Day (July 4); National POW-MIA Recognition Day (third Friday in September); and Veterans Day (November 11).

On any other days, the POW-MIA flag may be flown. At any time, if the U.S. and Hawaii state flags are flown on the same halyard, then the POW-MIA flag must be flown under the Hawaii state flag. If they are on separate halyards, the POW-MIA flag must be flown under the U.S. flag.

"I strongly believe that flying the POW-MIA flag at the state capitol and state department of defense headquarters on these holidays will demonstrate to our veterans, active military members and military families our appreciation for their sacrifices," said Rep. Har. "As the POW-MIA flag itself states, 'You are not forgotten,' and the display of this flag serves as an important reminder of the sacrifices that have been made by our veterans and military in defense of our freedom."

Bills that passed conference today

HB2003 RELATING TO CAMPAIGN FINANCING
Updates, organizes, and clarifies current campaign financing laws. Requires that corporations file a report with the campaign spending commission for contributions from its own treasury that aggregate more than $1000 per two year election period made directly to a candidate or candidate committee. (Introduced by Rep. Calvin Say By Request)

HB2129 RELATING TO GRAFFITI
Requires a person convicted of criminal property damage involving graffiti to remove the graffiti within 30 days of sentencing and to perform community service removing graffiti from within 100 yards of the site of the offense. (Introduced by Rep. Henry Aquino)

HB2239 RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.
Removes the exemption for dietary supplements from the deposit beverage container program. (Introduced by Rep. Hermina Morita)

HB2283 RELATING TO PUBLIC PROCUREMENT (passed out of conference on 4/19/10)
Requires government purchasers and private entities offering goods and services for sale to government purchasers to follow ethical principles in matters relating to procurement. (Introduced by Rep. Blake Oshiro)

HB2688 RELATING TO HEALTH.
Changes the name of the environmental health education fund to the sanitation and environmental health special fund and allows the funds to be used for sanitation program activities and functions, including hiring of inspectors. Increases the amount that can be used for administrative costs and the amount that the fund may accumulate before the excess is transferred into the general fund. (Introduced by Rep. Marcus Oshiro)

SB2169 RELATING TO SHARK FINS
Prohibits the harvest, possession, sale, or distribution of a shark or shark parts unless landed whole and harvested under a commercial marine license. Prohibits under Hawaii Food, Drug, and Cosmetic Act, possession or sale of shark fins. (Introduced by Sen. Clayton Hee)

SB2937 RELATING TO INFORMATION PRACTICES
Exempts disclosure of government records in response to duplicate requests from a single requestor, provided that the agency to which the request was made satisfies specified requirements. (Introduced by Sen. Will Espero)

A Frog Blog

A staffer from the Legislative Reference Bureau yesterday brought to work a tiny, bright green and black frog he discovered over the weekend. No, it’s not a coqui. But apparently it could be toxic.

“He was deep in the soil of a 1-gallon pot whose plant I was repotting,” wrote Ted Baker, an attorney at LRB, in an email to the Hawaii Department of Agriculture.

Unsure of what to do with the aposematic creature, which is a tad bigger than a dime, Baker contacted the department to see whether he should release it back into its habitat or turn it over to the state.

The frog, a poison dart frog (Dendrobates auratus), is related to species found in South and Central America, whose dangerous and sometimes deadly toxins were used by indigenous people to create venomous arrows for hunting. The toxicity of the poison dart frog varies by species.

In the 1930’s, the poison dart frog was purposefully released into the upper Manoa Valley to assist in mosquito control by an entomologist employed by the Territory of Hawaii. Other than Manoa, these amphibians have been found in Waihole-Waikane, Oahu and Wailuke, Maui. The importation of poisonous dart frogs into Hawaii is restricted.

Keevin Minami, a land vertebrate specialist from the Plant Quarantine Branch of HDOA, told Baker in an email today that the frog could be released back into its habitat since it was established in Manoa, and that it may not be toxic, but he should still wear gloves and wash hands after touching it.

Poison dart frogs don’t synthesize their own poison. According to Minami’s email, the poison dart frogs need to feed on Red Imported Fire Ants, also known as RIFA or Blister Beetles, to produce toxins, and therefore, because Hawaii does not have these types of insects they may not be able to produce enough toxins to be extremely harmful. The poison would be more of an irritant.

So what is Baker going to do?

“I will take him home tonight and put him back where I found him, more or less…I don’t think I can bury him in good conscience, but I will find something comparable. I read that they live a long time and I don’t want it on my conscience that I inadvertently changed that!”