Abortion bill
moves in House
Proposed is a ban on partial-birth
By Mike Yuen
abortions, which are not done here
Star-BulletinWhile lawmakers have been focusing much of their attention on proposals to revitalize Hawaii's anemic economy, an explosive issue with the potential to divide the Legislature -- just as same-sex marriage did -- is quietly moving in the House. It's a proposal to ban so-called "partial-birth" abortions. And it may have significant political ramifications this year, just as same-sex marriage did in 1996.
In that election year, candidates opposed to gay unions demanded to know how other candidates stood on the issue and traditional-marriage advocates targeted certain incumbents for defeat, getting mixed results.
Listen to the echoes of 1996 in what Republican gubernatorial candidate Frank Fasi, the former Honolulu mayor, said when he recently testified before a packed legislative hearing:
"If I were governor, not only would I sign this bill (banning partial-birth abortions), but I would be actively working for its passage.
"I challenge Gov. Ben Cayetano to stand up for this bill, to define his position and to tell us he will sign it when it is passed. And I challenge any and all who would be candidates for governor -- (Maui Mayor Linda) Lingle and (Honolulu Mayor Jeremy) Harris -- to do the same."
At least one of the GOP congressional candidates, state Rep. Gene Ward of Hahaione Valley, sees partial-birth abortion as an issue that differentiates him from the incumbent Democrat, U.S. Rep. Neil Abercrombie. "It gives people a real choice," Ward said.
But it may not be easy boxing opponents into a position on partial-birth abortions, a procedure in which the fetus is partially extracted from the birth canal, feet first, and then has its brain sucked out.
For example, an Abercrombie aide said his boss is a co-sponsor of federal legislation "prohibiting late-term abortions that includes meaningful exceptions for the life and health of the mother."
Lingle, a Republican who has declared her gubernatorial candidacy, said she, too, is opposed to partial-birth abortions.
The abortion issue will resonate with the electorate, said Fasi, who was endorsed by Hawaii Right to Life when he made his unsuccessful bid for governor in 1994 as a third-party candidate. He is convinced that controversial social issues, such as abortion and same-sex marriage, will have equal importance with what most likely will be the election's defining issues, the economy and taxes.
While a number of political observers believe Fasi is giving too much emphasis to abortion and same-sex marriage, they do believe these so-called "wedge" social issues will still be key factors. The islands' so-called "religious right" has a special interest in voting this year, they said, because November's ballot has a proposed constitutional amendment banning same-sex marriage.
Some believe that the anti-abortion forces are more hardened in their position than foes of same-sex marriage, who last year had to compromise to get the proposed ban on gay unions on the ballot. They had to agree to accept domestic partnerships, which grant marital rights and benefits to two people who are not legally allowed to marry.
Rep. Roy Takumi (D, Pearl City) said he is puzzled that some of his colleagues are advocating a ban on a medical procedure that doctors, such as state Health Director Lawrence Miike, say isn't even used in Hawaii. "We're seeking a solution to a problem that is nonexistent," Takumi said.
Late abortions are prohibited under existing law, which states they cannot be done if the mother has been pregnant for more than 25 weeks.
Critics of the bill, which imposes criminal and civil penalties against doctors who perform partial-birth abortions, view it as a hammer to chip away at the U.S. Supreme Court's landmark decision legalizing abortion.
Takumi said he can't understand why anti-abortion forces would want to "flush out" lawmakers on partial-birth abortion.
"Why not on initiative, referendum or recall? Or term limits -- if that doesn't flush people out, I don't know what does," Takumi said. "Term limits is a more relevant issue to debate."
Rep. Bob McDermott (R, Foster Village), one of the eight lawmakers -- four Democrats and four Republicans -- who sponsored the bill prohibiting partial-birth abortions, said: "I'm a pro-life guy, and I make no apologies for that. Most politicians have no courage when it comes to social issues."
House Judiciary Chairman Terrance Tom (D, Kaneohe), whose panel tomorrow will hear the bill prohibiting partial-birth abortions, minimizes the political edge the measure carries.
"It is not a pro-choice or a pro-life issue. It's about a bad procedure. It's the procedure that we're looking at," Tom said.
Rep. Lei Ahu Isa (D, Puunui), another of the bill's sponsors who acknowledges she was elected in 1996 on the strength of her opposition to same-sex marriage, said there are enough votes to send the measure to the Senate.
Senate Health Co-Chairman Andrew Levin (D, Volcano) said he hasn't yet decided if his panel would hear the measure if it crosses over. A similar bill introduced by Sen. Norman Sakamoto (D, Moanalua), who opposes homosexual marriages, was held by the Senate.
Senate Judiciary Co-Chairman Matt Matsunaga (D, Palolo) said this is not the time to consider the issue of partial-birth abortions. "There are other, more important issues: the economy, the economy, the economy," he said.
Partial-birth abortion
The bill (HB2973, HD1): Bans partial-birth abortions, except in cases to save the life of the mother. Imposes a maximum prison sentence of two years on doctors who perform the procedure. Sets conditions under which the father and maternal grandparents may seek civil damages.
Lawmakers hope to scuttle
By Pat Omandam
isle diploma mills
Star-BulletinHawaii diploma mills often target international and mainland students by offering worthless college degrees in publications on the mainland. Just ask Kent M. Keith.
The former president of Chaminade University of Honolulu said he was surprised a few months ago in Los Angeles when a law school dean asked what he thought about a certain Hawaii institution that was offering law degrees in California.
Keith had never heard of the school.
"Diploma mills advertise in respected international magazines, hoping to attract foreign students who are not familiar with the American education system, so they will not know that they are being drawn into a scam," Keith said. "These students spend a lot of money and get nothing of value in return."
After a few years of trying, the state Legislature this session is close to tightening lenient state laws regarding the operation of unaccredited degree-granting institutions. The changes would eliminate such scams in Hawaii.
While some unaccredited schools in Hawaii do offer nontraditional courses toward a degree, many others -- driven from states like California, which has enacted stricter laws -- come here only to collect fees and issue diplomas, offering very little or no education.
Many operate from the mainland using a mail drop in Hawaii, with no local office or staff here, only an address.
House Bill 3302, HD 1, would change that. The measure, heard Wednesday by the House Consumer Protection and Judiciary committees, prohibits, among other things, unaccredited institutions from issuing diplomas unless they comply with certain standards, such as maintaining a physical presence in Hawaii and disclosing that they are not accredited by any nationally recognized authority.
The joint committees have until next Friday to forward the measure to the House.
Jo Ann Uchida, executive director of the Office of Consumer Protection, yesterday said the agency hasn't been able to determine the number of unaccredited schools here but said the figure is significantly "over a hundred."
She said there's been an alarming growth in the industry recently, with 26 unaccredited institutions registering as degree-granting schools since January 1997. She told lawmakers that requiring such schools to have a physical presence would effectively prevent diploma mills from operating here.
The bill also would require a local representative for the school, giving the state agency a live body to contact instead of relying on registered or certified mail.
David G. Warren, academic affairs director at the University of Phoenix Hawaii Campus, testified Hawaii has become a mecca for diploma mills because the only thing they need is registration with the state Department of Commerce and Consumer Affairs.
National education officials in the past year publicly criticized the Hawaii government for having weak laws governing the industry.
Irv S. Katz, president of the International University of Professional Studies on Maui, said the bill represents several years of hard work that will allow reputable nonaccredited programs to operate locally, while discouraging the proliferation of diploma mills.
But there may be a downside, according to the Chamber of Commerce of Hawaii. The chamber testified many of the schools represent a major economic opportunity for Hawaii because they can provide jobs and stimulate the tax base. While the umbrella business group supports the bill, it urged lawmakers to remove the 25-student minimum requirement.
Tightening up
The Legislature is considering a bill to try to eliminate diploma mills by requiring unaccredited degree-granting institutions to:
LEGISLATURE UPDATE
A calendar of tomorrow's hearings -- to be held at the state Capitol, 415 S. Beretania St., unless noted:
HOUSE
Nimitz corridor area. The committee will hear from environmental law experts and will also inquire if any legal or legislative action is necessary, 9 a.m., Room 312.
SENATE
UPCOMING
