Wednesday, April 29, 1998



Legislature '98


Deal to grant UH
autonomy close

The university gains a legal team and
control over participation in
educational consortia

By Pat Omandam
Star-Bulletin

Tapa

University of Hawaii officials hope a legal team consisting of three attorneys and two staff members will help UH better manage its lands, funds and resources.

This, in turn, could bring in more private funds and intellectual capital to help stimulate the economy.

It's one of several provisions for UH autonomy -- a key recommendation of the Economic Revitalization Task Force -- that House and Senate conferees yesterday agreed on, although there's still some finer points to tackle.

"We have a good general agreement," said Senate Education Co-Chairman James Aki (D, Nanakuli).

"We just want to ensure what we're doing is not creating more problems for everyone, including the Legislature," Aki said.

House Higher Education Chairman David Morihara (D, Puunene-Kula) said conferees concurred on many major provisions of autonomy proposed in two bills: SB 2207, SD2, HD2 and HB 2560, HD2, SD2.

"So it's a matter of working out the details," Morihara said. "There's still, I think, a lot of small stuff that we have to deal with."

Conferees plan to return to the table in the next two days to resolve remaining differences. Last October, the task force recommended restructuring UH into a quasi-public agency with hopes it will develop a world-class standing in key areas and thereby draw more capital to the state.

During yesterday's meeting, Eugene Imai, UH senior vice president for administration, told lawmakers the university wants to hire three full-time attorneys, based on a report by the state attorney general's office.

The report showed deputy attorneys general spent 8,879 hours in 1997 providing legal services to UH; 7,994 hours in 1996. Imai said the hours spent in 1997 equal the work of 4.3 full-time attorneys, but the UH is asking for only three attorneys, a secretary and a legal clerk.

The additional $1,090,945 needed would be used to implement the legal services and shift the workload.

Conferees have also agreed to allow the Board of Regents to indemnify collaborating institutions from claims arising against them for gross negligence or willful misconduct.

Such claims would be paid by UH and not the state, with the regents authorized to obtain loss insurance to cover any liability.

The regents also have authority over UH participation in educational consortia, including the Western Governors University's virtual university, as well as set the value and useful life of UH equipment. And UH would be exempt from the state procurement code for purchases of goods, equipment and construction.

Lawmakers, however, still must decide whether regents should continue to set the UH president's salary after the year 2011, when it reverts to the Legislature.

Another debate is whether to repeal a 3-year-old law that set the current UH general fund budget at 1995 levels in favor of linking the budget to an amount between three to five times the estimated regular tuition and fees revenues generated by the university.

Another provision still on the table includes allowing the University of Hawaii president to fill up to 60 vacant positions.


Debate heats up
over increasing penalties
for date rape drug

By Craig Gima
Star-Bulletin

Tapa

A bill that would increase the penalties for possession of the so-called "date rape" drug, Rohypnol, appears stalled in a House-Senate conference committee.

Debate between House and Senate conferees over the measure grew heated yesterday.

Rep. Terrance Tom (D, Kaneohe) told senators the state needs to send a strong message that date rape drugs will not be tolerated here.

"If you want to encourage date rape, go ahead," he said.

The bill would make Rohypnol a Schedule II controlled substance like cocaine or morphine. Possession of a single tablet would be a felony under the bill, punishable by up to five years in prison. It is now a misdemeanor with a maximum one-year jail term to possess up to 25 tablets.

"Rescheduling will not reduce the abuse of this pill," Sen. Avery Chumbley (D, Kihei) told Tom.

Chumbley said Tom is using emotion, and not logic, to deal with the issue. "If an individual is smuggling the drug into the state of Hawaii, then we need to go after them for smuggling and for intent to use it for date rape," he said. "Criminal provisions can be addressed without damaging what is the legitimate medical uses of the drug."

Chumbley said Rohypnol is legal in 80 countries and is prescribed to help with sleeping disorders.

He said Congress debated a similar measure and did not make Rohypnol a Schedule II drug.

"It is illegal in the U.S." Tom argued. "I want to protect these poor women from being infested with these tablets."

State Narcotics Enforcement Division Administrator Keith Kamita said there has been one confirmed case of sexual assault involving date rape drugs and four other suspected cases.

He said a measure to increase the penalties for possession of Rohypnol stalled in conference committee last year.

If it does not pass out this session, Kamita said the Department of Public Safety will try to use emergency administrative powers to make Rohypnol a Schedule II drug.

"We can't see waiting a year and letting other people get hurt," he said.


Con Con question one
step away from ballot

Star-Bulletin

Tapa

You will get another chance to decide whether the state should have a constitutional convention if the governor signs the bill.

The House yesterday passed the measure to put the question on the November ballot when it voted to agree with the Senate's version of the bill.

There were slightly more yes votes than no votes to have a Con Con when the question was on the 1996 ballot.

But the state Supreme Court ruled that blank and spoiled ballots would count as no votes and the measure failed.

The governor has said he is opposed to a Con Con but has also said he would not veto the bill.

The Legislature has the power under the state Constitution to call for the question, but it is sending the bill for the governor's signature because the Constitution is not clear on whether the governor's approval is needed.


LEGISLATURE UPDATE

Legislature '98


A calendar of tomorrow's hearings -- to be held at the state Capitol, 415 S. Beretania St., unless noted:

HOUSE

Bullet None scheduled.

SENATE

Bullet None scheduled.

CONFERENCE

Bullet None scheduled.




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