Editorials
Friday, May 15, 1998

Why economic task
force proposals failed

THE Economic Revitalization Task Force convened by Governor Cayetano produced a bundle of recommendations. Most of them failed in the Legislature -- evidence of the lack of political sensitivity of the task force members, most of whom were business executives. Their proposal to increase the general excise tax -- to partially offset reduction of personal and corporate income taxes -- was confusing and of questionable merit. It aroused such strong opposition that in retrospect it is amazing that Cayetano evidently didn't see the storm coming and endorsed the increase without reservations.

Of the task force's recommendations, it wasn't only the tax package that was shot down. There were at least four other key proposals: privatization of government services; abolition of the state Land Use Commission; autonomy for the University of Hawaii; and appointment by the governor of the Board of Education.

A privatization bill passed, but it contains provisions that could serve as obstacles to the process. Advocates of privatization are skeptical that it will work.

Nothing was passed regarding the Land Use Commission. Abolition, the Legislature was advised, would be unconstitutional. Reduction of the commission's authority won some support, but the House and Senate could not come to terms.

Greater UH autonomy was approved -- one of the few bright spots in the record of the legislative session.

Appointment of the Board of Education died.

The Land Use Commission, as expected, was ardently defended by environmental activists who are only too happy that it can be used as an instrument to block development. Stimulating the economy is of little or no importance to them.

Appointing the Board of Education, which would make the governor more accountable for the school system, has never been popular. People like to be able to vote for school board members although most don't take the trouble to learn about the candidates.

It's not surprising that the task force recommendations fared poorly. These are controversial issues and in a democracy people have a right to object. Many used that right effectively.

A few things were accomplished, but the changes aren't dramatic. People who demanded that the Legislature give the economy a quick fix are disappointed, but they assumed that the state government has more power over the economy than it really has. Besides, this is a system of checks and balances; it isn't designed to work fast. Perhaps next year more will be accomplished -- but that won't help Cayetano get re-elected in November.

Truth in sentencing

GOVERNOR Cayetano was granted authority by the Legislature to expand the state prison system but was denied access to federal funding to perform the task. The inaction is likely to result in a continuing struggle with other public needs for funds to ease crowded conditions in prisons.

The money was made available through the so-called "truth in sentencing" provision enacted by Congress in 1996. The legislation authorizes a $1 million federal grant for prison construction in any state requiring that felons serve at least 85 percent of their sentences. Nationwide, state prisoners had been serving less than half of their sentenced time. The average was as low as 18 percent in some states.

Attorney General Margery Bronster urged enactment of the legislation, but House Judiciary Chairman Terrance Tom's unacceptable response was that the provision would overburden prisons and weaken the parole board. The reason the federal law provides for the funding is to help expand prisons to handle the increased prison population.

Instead, Cayetano will be forced to depend entirely on state funds to pay mainland prisons to house Hawaii's inmates and to build a medium-security prison, probably on the Big Island. The state paid $17.5 million to Texas prisons this year, and a new facility is expected to cost $75 million to $160 million.

The Legislature did give the governor authority to negotiate with a private developer to build and lease the new prison. Funding for an environment impact statement, designing and other planning was provided. But coming up with the money for construction will be a problem.

The overriding problem in combating crime in Hawaii continues to be prison overcrowding, which leads criminals to believe they can escape time behind bars because of lack of space. The Legislature's failure to pass "truth in sentencing" legislation is not likely to alter that attitude.

Protecting presidents

WHATEVER the outcome of independent counsel Kenneth Starr's investigation of the Monica Lewinsky case, it should not produce an exemption for Secret Service agents from the requirement to cooperate in investigations of presidential conduct.

The Justice Department is arguing that the safety of the president could be jeopardized if Secret Service agents guarding the president had to testify against him.

But as Starr told a federal judge, there is no such exemption under federal law. All employees of the executive branch are required to provide any information they may have relating to violations of the law.

The proposed exemption would mean that, in the most extreme case, a president could commit murder or rape in the presence of a Secret Service agent and the agent would not be required to testify about it. Forget it. If a president keeps his distance from his bodyguards because he has something to hide, that is his problem.

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A.A. Smyser, Contributing Editor