3,000 swarm Capitol
to support econ plan
excise-tax hikeBusiness and labor both show they're
By Mary Adamski
backing the revitalization plan
Star-BulletinLarge corporations provided T-shirts for their workers, public employee unions handed out signs to their members and both hired buses to get the troops to the front line for the Rally Our Economy at the state Capitol. More than 3,000 people swarmed the Capitol courtyard yesterday to give the state Legislature the message: Do something about the faltering economy!
"Whatever the special formula is not as important as the point that somebody does something," said John Kelley, Alexander & Baldwin vice president. "I can't imagine a member of this house facing November (election) if nothing is done," said Kelley, standing among more than 100 A&B and Matson Navigation Co. employees wearing bright blue shirts.
The rally was planned to urge support of bills generated by Gov. Ben Cayetano's Economic Revitalization Task Force. The focus was on tax-restructuring measures that include an increase in the general excise tax to offset proposed cuts in personal and corporate income tax.
There was an underlying beat -- like that tapped on taiko drums throughout the two-hour event -- but the tune differed from one element to another of the mixed crowd of blue-collar workers in scuffed boots standing next to some of the highest-paid "suits" in town, chief executives Larry Johnson of Bank of Hawaii, Walter Dods of First Hawaiian Bank and Robert Clarke of Hawaiian Electric Industries.
"We're trying to shift the income tax burden to the GET (general excise tax)," said Hawaii Government Employee Association Director Russell Okata. The buttons worn by 300 HGEA members claimed "37&CENT a day saves jobs." Okata said that's based on a formula supporting an excise tax hike from 4 percent to 5.35 percent. For a person who spends $10,000 a year, the hike would mean paying an additional $135 per year, a mere 37 cents per day.
The HGEA still backs the original proposal of 5.35 percent, although the governor, under pressure from business, is now asking for a whittled-down 4.75 percent.
An income tax cut "would put money in workers' pockets," Okata said. An underlying theme is that tourists don't pay income taxes, but the higher excise tax would ensure they contribute more to the economy.
Outrigger Hotels employees carried mass-produced signs supporting "3 percent dedicated tourism funding."
"We're not too crazy about the task force recommendation upping the (hotel room tax) 1 percent," said Dave Nishi, front desk manager of Outrigger Reef. "But we want to see the Legislature dedicate funding for the state's largest industry."
Hilton hotel signs took a slightly different twist, insisting that the hotel room tax increase must not be any more than 1 percent.
"I've never been in the same group as these people," said the Rev. Frank Chong, gesturing to the corporate executives introduced from the stage. The executive director of services for the poor and elderly at Waikiki Health Center, he was there in support of one element of the excise tax proposal, tax credits exempting lower-income people. "Save the safety net," said Chong. Lowering the income tax would mean fewer funds in the treasury for social services.
"The less people employed, the less people with health insurance," said DeeJay Mailer, senior vice president of Kaiser Permanente.
"If there is an alternate proposal that does not cripple the state's ability to help the poor, the disabled, the disadvantaged, let's hear it," Cayetano told the crowd. "We can't continue to cut government as we have over the past three years."
He urged them to call legislators demanding they implement measures to gear up the state's faltering economy.
Republican Sen. Sam Slom and Democratic Sen. Malama Solomon stood before the stage in a counter demonstration with "Thumbs Down Tax Hikes" signs.
Earlier yesterday, Solomon urged Senate President Norman Mizuguchi to let people know the Senate has options other than raising the general excise tax. "I hope, Mr. President, that the Senate has not weakened on its position, which advocates for no increase in the general excise tax," said Solomon (D, North Hilo-South Kohala).
She said the 10-member dissident faction of the 25-member Senate, which leader Sen. Randall Iwase (D, Mililani) has called the "people's majority," does have options in case the Senate majority leadership needs them.
Slom, (R, Hawaii Kai) the Senate minority floor leader, said he has received faxes from people who've been recruited to support the tax increase.
But, he said, subsequent return calls show they are confused about the various economic revitalization plans in the Legislature.
Farmers want tough laws
By Pat Omandam
to curb the growing thefts
Star-BulletinThieves take Kona coffee beans from locked storage sheds, from drying decks, even off the tree -- even before they're on the tree. Ellen Mehos, Kona County Farm Bureau vice president, said in written testimony yesterday to the Senate Judiciary Committee: "Newly planted coffee trees have been dug up and taken to be planted elsewhere."
Mehos said tougher state laws are needed to stop the increase in thefts of agricultural crops in recent years -- especially the widely known Kona coffee crop.
The committee tomorrow will decide whether to forward a House bill to the Senate floor that makes it first-degree criminal trespassing to enter or remain on agricultural land which is fenced in or displays "Private Property" signs.
House Bill 3403, HD 2, also makes it second-degree theft to steal any agricultural or aquacultural product from properties -- such as bananas, pineapples and coffee -- that is fenced in or has private property signs.
Current law requires both fencing and signage before the felony charge can be applied.
Farm bureaus statewide testified yesterday that hundreds of thousands of dollars are lost each year due to the taking or destruction of crops, theft of equipment, fertilizers, herbicides and seed.
Many thefts go unreported because they cannot be solved, with no restitution for farmers who must pay for the expensive fencing and detailed signage, says Cyrus Wagatsuma, president of the Big Island Farm Bureau.
"It is totally unreasonable to expect a farmer to erect cumbersome signage and fence in a crop that does not roam off of his or her property," Wagatsuma said in written testimony.
"There is a serious need to put the criminal elements within our state on notice, and insist that they be held accountable for their actions," he said.
Still, some opposed the measure because it unfairly penalizes those with no criminal intent. Deputy public defender Ronette M. Kawakami testified unsuspecting tourists traveling to the North Shore would be breaking the law if they stopped to take a scenic photograph in a pineapple or sugar cane field.
Those who use agricultural fields to get to inaccessible areas also face prosecution.
For example, the Sierra Club, Hawaii Chapter, warned hikers who cross an unenclosed field to get to a trail could subject families to serious criminal charges.
The Office of Hawaiian Affairs objected to the bill because kupuna, hula halau groups, Hawaiian religious practitioners and other Hawaiians who are found on the land could be arrested and prosecuted, despite a 1995 Hawaii Supreme Court decision that acknowledges the gathering rights of native Hawaiians on undeveloped private property, says Colin Kippen, OHA deputy administrator.
"It goes without saying that Hawaiians have to enter onto agricultural lands to be able to exercise their traditional and customary practices, and to gather things not raised by the farmer or agricultural tenant on the land," Kippen said.
ID may be required
By Pat Omandam
to purchase prescription
Star-BulletinMel Kumasaka recalls how someone had taken a discarded prescription container from the trash and used it to phone in more refills for the pain-killer Vicodin. Since all the information was on the container, Longs pharmacists didn't suspect anything when the person came to pick up the order, and no identification was requested, said the pharmacy supervisor for Longs Drug Stores in Hawaii.
"But when the correct customer came in for a refill, we knew what happened," said Kumasaka, who supports a bill that puts the pressure on pharmacies to verify the identify of people when dispensing drugs.
House Bill 2437, HD 1, makes it an offense to fail to check proper identification as well as document the identity of those picking up prescriptions.
The measure -- pending a decision tomorrow before the Senate Judiciary Committee -- also gives narcotics investigators the power to review medical records relating to controlled substances without a subpoena.
Keith Kamita, Narcotics Enforcement Division administrator of the state Department of Public Safety, told the committee yesterday the simple act of requiring proper identification when picking up a prescription -- a practice already in place at some pharmacies -- will act as a strong deterrent by increasing penalties.
For example, during fiscal year 1997, the division investigated 87 cases relating to forged or altered prescriptions resulting in 79 arrests. If this law were in effect at that time, Kamita believes all 87 individuals would have been arrested.
The division, as well as the city prosecutor's office, also supports language in the bill that allows any narcotics enforcement officer access to medical information to investigate whether an person lawfully obtains certain drugs from a pharmacy.
Others, however, opposed releasing medical information without a subpoena. Phyllis Baumwell Dendle, government affairs director at Kaiser Permanente, said the company wants to cooperate, but believes a subpoena is needed to review a patient's medical information.
"We think that under the circumstances of the ever-heightening public sensitivity to protection of confidential individual information that it is appropriate for the department to use the subpoena powers it has been granted," Dendle said.
Jennifer M.L. Chock, staff attorney at the state Office of Information Practices, added this provision may violate the constitutional right to privacy and the Uniform Information Practices Act.
Chock explained when a law proposes to infringe on a fundamental right -- such as the right to privacy -- the government must show that the infringement is narrowly tailored to meet the government's compelling state interest.
Also, there is no overriding public interest to disclosing the records, she said.
"Instead, this bill gives narcotics enforcement investigators free reign to access individuals' private medical information, and would allow investigators to conduct 'fishing' expeditions in the medical records of persons who were not even suspects," Chock said.
LEGISLATURE UPDATE
A calendar of tomorrow's hearings -- to be held at the state Capitol, 415 S. Beretania St., unless noted. Hearings marked with an asterisk will be televised by Oceanic Channel 53 and TCI Cable 53:
HOUSE
Transportation: Hearing on resolution requesting Hawaii's congressional delegation to support expansion of the use of Federal Aviation Administration funds for indirect aviation purposes. Decision-making to follow, 9 a.m., Room 309.
SENATE
