Thoughts from a new Dad on Father's Day - Rep. Henry Aquino

Rep. Henry Aquino, wife Cynthia and newborn son Ethan at 2 1/2 weeks.

"Being a new dad is such a tremendous blessing for my wife and I. Having our son reminds me of how precious life is. So far, we have endured and experienced a lot.

Ethan at 6 weeks

The sleepless nights, which are still on-going by the way, finding creative ways to stop the crying, changing his (and my) first diaper, and singing lullabyes (I don't sing, either), are all part of our new roles as parents. Although I'm learning everyday of the parenthood adventures that lie ahead, I know two things for sure -- I'll never sleep the same again, and I love being a new dad!"

Note: Rep. Aquino and his wife became parents during the final days of the 2010 legislative session.

Happpy Father's Day - Hawaii

Photo: Vernon Brown 808Talk.com

CSG to visit Hawaii for Common Core State Standards Initiative

Video: Lisa Fretzin, High School English Teacher, Illinois

WHAT: Staff members from the Council of State Governments (CSG) are coming to Hawaii to provide information on the Common Core State Standards Initiative; Hawaii is one of 48 states that agreed to join in this initiative. The meeting, a policy roundtable, will focus on what the common core state standards will mean for Hawaii from both an academic and a fiscal perspective. The event is made possible through the educational support of the Bill & Melinda Gates Foundation.

WHEN: Friday, June 18, 2010 - 12 noon to 4:00 p.m.

WHERE: Hawaii State Capitol, Room 329

WHO: Leaders from the business, union, community and educational sectors have been invited to attend. The discussion will center around what happens in Hawaii before and after the adoption of the common core standards.

MISSION STATEMENT:
The Common Core State Standards provide a consistent, clear understanding of what students are expected to learn, so teachers and parents know what they need to do to help them. The standards are designed to be robust and relevant to the real world, reflecting the knowledge and skills that our young people need for success in college and careers. With American students fully prepared for the future, our communities will be best positioned to compete successfully in the global economy.

FOR INFORMATION:

Common Core State Standards Initiative website here.

Rep. Marcus Oshiro will be HSAC guest speaker

Finance Chair Marcus Oshiro will be a guest speaker at the annual Hawaii State Association of Counties (HSAC) conference. The topic will be on the challenges of the 2010 legislative session, including how the budget was balanced, how the legislature closed a $1.2 billion deficit without raising the General Excise Tax and without taking the Transient Accommodations Tax from the Counties.

This year, HSAC will be at the J.W. Marriott Ihilani Resort & Spa on the island of Oahu, June 24-26, 2010. Here's the HSAC news release. Rep. Oshiro will be speaking on June 25th.

The Hawaii State Association of Counties is a non-profit corporation whose members are the legislative bodies of the Counties of Hawaii, Kauai, Maui and the City & County of Honolulu. The Mayors of each County are ex-officio members of HSAC. The organization's mission is to coordinate and improve county programs for the benefit of the people of Hawaii. This includes legislation, administration, public information, and county government conduct.

Hot Rods for a Cause - Benefit for Domestic Violence

Rep. Karen Awana has been involved with “Hot Rods for a Cause” for several years. It's a group formed to help prevent domestic violence, and they will hold their annual event next month featuring a Car Show, Swap Meet and rides in conjunction with informational booths promoting education and awareness of the domestic violence issue. Proceeds will go to the Domestic Violence Action Center.

WHEN: Sunday, July 11, 2010
9 a.m. – 4 p.m.

WHERE: Kalaeloa Airport between Hangars 110 and 111

Members of various car and motorcycle clubs around Oahu, some of whom have family members injured or killed in domestic violence incidents, have joined together to raise money for domestic violence awareness.

The event, which draws thousands, will feature a Car Show with entries from all car clubs with custom cars, trucks, and bikes. There will be food, music, rides, and swap meet vendors.

“My involvement with this event started through a request to help find a location, but it quickly grew into a cause that will help to save lives,” said Rep. Karen Awana. “So many families in my district are impacted by domestic violence, and this is one way that we can get people to realize how important it is to stop the violence that starts in our own homes.”

For more information, contact:

Office of Rep. Karen Awana
808-586-8465

Hot Rods for a Cause: Cal Domen
808-696-0033 or 282-2443

Community meeting for residents with concerns about Hale Kipa

A community meeting will be held in Manoa to discuss concerns raised by residents regarding Hale Kipa facilities in the area.

Residents have frequently raised concerns about the therapeutic group homes for troubled teenagers over the years. Two boys, who were residents of a Hale Kipa home in lower Manoa, allegedly beat and killed a taxi driver on May, 1.

City and State lawmakers and representatives of state agencies will be at the meeting to hear resident concerns and complaints and respond to any questions.

Date: 

Monday, June 28, 2010

Time: 

6:00 p.m. to 8:00 p.m.

Place: 

Manoa Elementary School Cafeteria
3155 Manoa Road
Honolulu, Hi 96822

For more information, please contact the Office of Representative Isaac Choy at 586-8475.

*Click on links above for related news articles.

Ignition Interlock Law - A Strong Deterrent

he Lieutenant Governor today signed SB2897 RELATING TO HIGHWAY SAFETY, pertaining to Hawaii’s Ignition Interlock law. The following is a statement from Rep. Sharon Har (District 40 – Royal Kunia, Makakilo, Kapolei, Kalaeloa), who introduced the original legislation on this issue in 2008.

“Hawaii has the highest percentage of alcohol-related fatalities in the United States. This new law sends a message that drunk driving will no longer be tolerated, even in those cases where no innocent bystanders are harmed.

We must all accept individual responsibility by drinking responsibly and urging others to do the same. The ignition interlock program will help us in the state of Hawaii by creating a cultural, systemic change in the often cavalier way we perceive drinking and driving. The program not only addresses the immediate issue of getting drunk drivers off our roads, but will assist the state in determining whether an individual has an alcohol abuse problem and should be forced into treatment.

I introduced legislation on this issue after I was hit head-on by a drunk driver. I was fortunate to survive my accident, but thousands of lives are senselessly cut short every year. I strongly believe that this bill will make a significant difference and save lives.”


HISTORY AND BACKGROUND

· An ignition interlock is a breathalyzer device that will be required to be installed to the ignition of the vehicle of a driver once arrested for drunk driving. In order to start his or her vehicle, the driver must blow into the device, and if the driver is over the legal blood alcohol content limit, the car will not start. A small camera ensures that the offender does not tamper with the device or have someone else blow into it.

· In 2008, Rep. Har introduced legislation (HB2377) on the ignition interlock device after she was hit head-on by a drunk driver; it was enacted as Act 171.

· Act 171 provided the basic framework for an ignition interlock system in Hawaii and created a task force to address the implementation and administration of the program.

· In 2009, the legislature passed HB981, which incorporated the recommendations of the task force; that bill was enacted as Act 88.

· SB2897 makes final changes that will allow ignition interlock to go into effect on January 1, 2011.

· Among other provisions, SB2897 makes refusal to take a breathalyzer test a misdemeanor. It also requires the installation of an ignition interlock device on any vehicle operated by the offender.

House Finance heads to Hilo

WHAT: The House of Representatives Finance Committee will make a presentation to the community on the 2010 state budget bill and how they resolved a $1.2 billion shortfall. Information will also be provided on major capital improvement projects for East Hawaii.

WHEN: Wednesday, June 16, 2010, 6:00 – 8:00 p.m.

WHERE: UH Hilo UCB 127 (Ho’oulu Terrace)

WHO: House Finance Chair Rep. Marcus Oshiro will be joined by Rep. Jerry Chang, Rep. Clift Tsuji, Rep. Faye Hanohano, and Rep. Robert Herkes.

US Supreme Court decision places cloud on publicly funded campaigns

This past Tuesday, all eyes were on some hotly contested primaries, but there was also a decision by the United States Supreme Court that may have an impact on publicly funded campaigns across the country, Hawaii included. The Supreme Court temporarily blocked Arizona from distributing matching campaign funds to publicly funded candidates. Here's a link to the CBS News story.

Lower courts are split on the constitutionality of Arizona's matching fund program. In January 2010, U.S. District Court Judge Roslyn Silver ruled that matching funds discourage privately funded candidates from raising or spending donations because that would trigger the matching government funds for their opponents. That constituted an impact on free speech. The Ninth Circuit Court of Appeals, however, disagreed and ruled that the impact to free speech was minimal. This week's decision serves to stop Arizona's Clean Elections program at least until the Supreme Court determines whether to hear the opponent's full appeal.

Tuesday's decision only affects Arizona, but Connecticut and Maine have similar campaign matching funds programs. What does this mean in Hawaii?

For the 2010 election, the County of Hawaii was given the authority by the legislature to conduct a pilot program using matching or equalizing funds for the Hawaii County Council races. The bill, HB661 became law as Act 244 without the Governor's signature. It established the pilot program for Hawaii County only, and for three election cycles starting with the 2010 election.

In 2009, HB345 proposed that the pilot program be postponed, to start with the 2014 election. The primary reason cited was a concern over funding sufficiency. The Campaign Spending Commission, while not opposed to the bill, called attention to the constitutionality question and recommended that the equalizing funding section be removed, citing the case in Arizona. They stated:

"Notwithstanding the complexities in the law discussed above, the Commission is recommending removal of the equalizing fund provisions based upon In re McComish v. Brewer, No. 2:08-cv 1550, Order (Aug. 29,2008). The Court, therein, determined that Arizona's equalizing fund provision "violates the First Amendment of the U.S. Constitution." A copy of the Order is attached to our testimony. The Commission submits that the Legislature should take proactive
action, rather than passively await possible litigation involving equalizing funds."

Here is their full testimony.

The bill which sought to postpone the pilot program passed the House but stalled in the Senate.

At this time, the pilot program for Hawaii County Council races is going forward, but the future of the program is uncertain until the U.S. Supreme Court takes further action.

Lawmakers Explain How the Budget was Balanced

WHAT:

The House of Representatives Finance Committee will make a presentation to the Hilo community on the 2010 state budget bill and how they resolved a $1.2 billion shortfall. Information will also be provided on major capital improvement projects for East Hawaii.

WHEN:

Wednesday, June 16, 2010
6:00 – 8:00 p.m.

WHERE:

UH Hilo UCB 127 (Ho’oulu Terrace)


WHO:

House Finance Chair Rep. Marcus Oshiro will be joined by Rep. Jerry Chang, Rep. Clift Tsuji, Rep. Faye Hanohano, and Rep. Robert Herkes.

You can view a pie chart and corresponding tables for more information on how the budget was balanced HERE.

2010 Offshore Drilling Legislation in Other States

The National Conference of State Legislatures (NCSL) has compiled a list of offshore drilling legislation passed or being considered by various states in the 2010 session, as well as a listing of offshore drilling laws already on the books. Most favor offshore drilling, especially as a means of revenue. Here's a link. Here's a summary:

2010 Legislation

South Carolina

*Pending bill requires anyone permitted to drill offshore in state waters to provide a portion of the lease or royalty payments to help fund the state's transportation infrastructure, and a portion to the preservation of the state's natural resources.

*Considering bill to allow offshore drilling to anyone who provides "economic viability".

*Considering bill to allow offshore exploration, drilling and production in the part of the Atlantic Ocean that is within the state's jurisdiction.

Virginia

*HB756 enacted. Requires percentage of offshore drilling revenues and royalties to go to the state's Transportation Trust Fund, the State Coastal Energy Resource Consortium, and to localities for improvements to infrastructure and transportation.

California

*Considering legislation to create a board to approve oil or gas extraction from lands in the State Coastal Sanctuary.

Louisiana

*Reviewing bill that urges Congress to end the outer continental shelf moratorium on oil and natural gas exploration and production.

New Jersey

*Pending legislation prohibits the state Department of Environmental Protection from issuing permits or approving activities with offshore drilling for oil and natural gas.

Offshore Drilling Laws

Florida

*Prohibits drilling within one mile of the seaward boundary of any state, local, or federal park, or aquatic or wildlife preserve.

*Imposes a coastal protection tax on each barrel of pollutants produced in Florida or imported into the state. If a discharge occurs, the tax may be increased for a period of time.

Virginia

*Prohibits drilling in the waters of the Chesapeake Bay or any of its tributaries. However, those who want to drill in prohibited areas can apply for a permit by completing an environmental assessment.

Alabama

*Collects a tax from any party that is drilling. Tax is 8% of the gross value of the oil at the point of production.

California

*The responsible party is liable for any discharge into marine waters from sources such as oil rigs or platforms. The responsible party is not liable if the discharge is due to an "act of God" or authorized by state or federal permit.

North Carolina

*A responsible party is liable for all clean up and removal costs that arise from the discharge of oil into offshore waters.

Texas

*Responsible party liable for all response costs of any threatened or actual discharge of oil from any offshore drilling or production facility.

Appeals Procedure Becomes Permanent

The State Judiciary sent out a news release today announcing that the procedure of filing appeals first with the Intermediate Court of Appeals (ICA) instead of the Hawaii Supreme Court will become permanent on June 29, 2010.

In 2004, the Legislature passed a bill changing the jurisdictions of the Supreme Court and the ICA in order to reduce the backlog at the Supreme Court. The bill, HB2301, became law as Act 202 and was implemented on July 1, 2006. The requirement was scheduled to sunset this year. The Judiciary requested a new bill to repeal the sunset in the 2010 session. That bill, SB2150, was signed into law as Act 109.

The original bill in 2004 was introduced by Rep. Calvin Say, by request. Here's the bill description: "Amends appellate jurisdiction of the supreme court and the intermediate appellate court changing the supreme court's jurisdiction to appeals by writ of certiorari or transfer from the intermediate appellate court. Repeals criteria for assigning appeals. Requires most appeals to be filed with the intermediate appellate court instead of the supreme court. Appoints a task force to review the changes and make recommendations for implementation. (SD1)"

The Judiciary reports that "since the new process was implemented three years ago, appeals are being decided more promptly, the backlog of cases in the appellate courts has decreased, and the age of pending and decided appeals had been reduced. As a result, he Supreme Court has been able to hold oral argument in more of the cases it takes."

The Judiciary provided the following statistics:

*During fiscal years 2007, 2008, and 2009, 1,621 new appeals were filed.

*During the same time period, the ICA terminated 1,613 appeals, and the Supreme Court terminated all 171 of the appeals it had retained.

*At the end of FY 2009, 630 appeals were pending at the ICA. At the Supreme Court, 11 appeals taken on transfer or applications for writs of certiorari were pending at the end of FY 2009.

*The median age of all pending appeals as of June 30, 2009 was 246 days, a decrease of 101 days from the median age of pending appeals at the end of FY 2006.

*The median age of terminated appeals in FY 2009 was 332 days, a 146 day decrease from the median age of 478 days in FY 2006.

*By the end of FY 2009, approximately 20 percent fewer appeals were pending in the appellate courts and the median age of cases disposed in FY 2009 was five months less than in FY 2006.

Investigation of Big Island Department of Water Supply to Begin

Speaker Calvin Say has appointed members to serve on an investigative committee; the purpose of the committee will be to investigate the County of Hawaii's Department of Water Supply on their handling of the Ocean View-Kahuku water system project. They are:

Chair: Rep. Robert Herkes (District 5 - Puna, Kau, South Kona, North Kona)

Vice Chair: Rep. Faye Hanohano (District 4 - Puna, Pahoa, Hawaiian Acres, Kalapana)

Members from the Big Island: Rep. Mark Nakashima (District 1: North Kohala, South Kohala, Hamakua, North Hilo, South Hilo), Rep. Jerry Chang (District 2: South Hilo, Waiakea Kai, Kaumana, Keaukaha), Rep. Clift Tsuji (District 3: South Hilo, Panaewa, Puna, Keaau, Kurtistown), Rep. Denny Coffman (District 6 - North Kona, Keauhou, Kailua-Kona, Honokohau), and Rep. Cindy Evans (District 7 - North Kona, South Kohala).

Members from the House Committee on Water, Land, Ocean Resources: Chair Ken Ito (District 48 - Heeia, Haiku Valley, Kapunahala, Kaneohe) and Vice Chair Sharon Har (District 40 - Royal Kunia, Makakilo, Kapolei, Kalaeloa).

The committee was formed pursuant to the passage of House Resolution 136, introduced by Rep. Herkes.

At Issue:

Inordinate delays by the Department of Water Supply to move forward on the water system project for the people of Ocean View.

Background:

In 2005, the legislature appropriated $6 million to Hawaii County for the development of a water well and adjoining system with the storage capacity for a fill station that could accommodate four water hauler trucks and other amenities. The money was released on April 19, 2006 to then Mayor Harry Kim for the project.

Only Phase I, the exploratory phase for the well construction, was designed by SSFM International and completed in Feb. 2009.

Since then, a new contractor, Bolton Inc., was brought on board, and is reportedly close to completing Phase II, the design to develop the well, reservoir and fill station.

Apparently, Bolton's design for the project differs from the SSFM design, which is the design that was provided to and generally accepted by the community. The change has resulted in several problems. Members of the community are not happy with the new design; in particular, one couple protested that the change allows water uses with a direct view into their bedroom. In addition, bids on the changed design are much higher than what was expected when the $6 million was appropriated, leading to further delays.

The Hawaii Tribune-Herald has been following the issue. Click here.

What's Next?

The first committee meeting is scheduled to be heard next week, date and time to be announced.

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%)