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Amendment would
U.S. told to remember 'obligations'
force lawmakers to pass
only pro-consumer lawsBy Bruce Dunford
Associated PressDon't expect to see the amendment proposal on the November general election ballot, but a bill moving in the state House proposes to make it unconstitutional to pass any state law "unless the law is beneficial to consumers."
Rep. Bob Herkes (D, Puna-Kau), chairman of the Economic Development and Business Concerns Committee, and Rep. Ron Menor (D, Wheeler-Mililani), chairman of the Consumer Protection and Commerce Committee, say they are sending a message that laws should focus on helping the consumers, not special interests.
"I think we should be concentrating on getting rid of all the pro-business, pro-profession, pro-plaintiff attorney bills," Herkes said. "Let's concentrate on taking care of the consumer, the taxpayers, the people."
The two committees approved on Jan. 31 the amendment bill and a related bill to implement a process for consumers to challenge any new law in court as being anti-consumer. Rep. Roy Takumi (D, Pearl City-Waipahu) was the only member of the committees to vote against the bills.
Such an amendment could throw government into chaos, letting citizens go to court to challenge any law they don't like as being anti-consumer, Takumi said.
It probably would make it impossible for the Legislature to increase any kind of tax or fee, he said.
The Chamber of Commerce of Hawaii supported the bills.
"In recent years, there has been a proliferation of regulatory enactments that have made it increasingly difficult for business in Hawaii to survive," the chamber said. "As evidenced by the number of business closures -- some of which have been in existence for generations -- the business community is in need of assistance."
The International Longshore and Warehouse Union Local 142 opposed the bills.
"The scope of this legislation is potentially close to the entire universe of bills that will be enacted, since almost every piece of legislation has some effect upon some consumers," the union said.
"It takes little imagination to recognize that even in a relatively small state as Hawaii, there are many different interests, even among consumers," it said. The bills "will create the opportunity for some consumer to challenge virtually every statute that is enacted, and while these challenges are pending, each and every statute challenged will potentially be invalidated from the date it first became effective."
The House approved the bills on a routine second reading Feb. 11 and they are now before the Judiciary Committee.
Menor, an attorney, doubts the measures have long to live.
"From a technical standpoint, I think there are many problems with this bill. I think the language is very vague and ambiguous," he said.
Getting the point across
"It's basically to communicate a strong message that more needs to be done to make sure that laws that we pass are going to be responsive to the needs and concerns of businesses and consumers," Menor said.Herkes announced he won't be seeking re-election this year and instead will continue working for the Kamehameha Investment Corp., a for-profit subsidiary of Bishop Estate. An agreement between the Bishop Estate's interim trustees and the Internal Revenue Service held that elected or appointed officials in the executive or judicial branches of state government cannot hold jobs with the estate.
Herkes said he's surprised the bills got this far. "I'm sending some messages as I leave here about how I feel about some things," he said.
The proposed amendment was provoked by a situation facing a Big Islander who was told by the barge company they could not ship his car to Maui where he had a new job unless he got permission from the bank where he borrowed money to buy the car.
"That's because of a state law," Herkes said. "I want to know how a consumer benefits from that. Purely interjecting legislation into a banking affair and a contractual relationship between a borrower and a lender, I think that's wrong, absolutely wrong."
As for raising taxes, Herkes said he sees no problem.
"I think you could raise taxes, providing there is a nexus between the increase in taxes and the benefits the public receives," he said. "That's what government's all about. Providing services. If taxes are going to police, education, fire, planning, I don't see a problem."
Throwing up barriers
Herkes said lawmakers need to curb the state's licensing practices which often have more to do with helping specific professions than protecting the consumers."Let's take the dental exam. Some 75 percent of Hawaii college kids who graduate in the mainland at institutions of dentistry pass the national exam and only 35 percent pass the state exam," Herkes said. "Who is that benefitting, the consumer or their own industry? This is a barrier to entry into the industry.
"Why do we regulate barbers? If you get a bad haircut, go someplace else," he said.
And letting the state Public Utilities Commission regulate the trucking and ground transportation industry is unique in the nation, because Hawaii was exempted from federal laws that prohibit it, he said.
"If we deregulate it, every consumer in this state would benefit through lower prices. We don't have to compromise safety," Herkes said.
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Rep. Kahikina tells
Star-Bulletin staff
U.S. to remember
‘obligations’Rep. Michael Kahikina introduced a resolution yesterday to commemorate the centennial of the Organic Act but also as a reminder to government of broken promises. "This resolution serves as a reminder to the United States government of its unfulfilled obligations to the Hawaiians," said Kahikina (D, Barbers Point, Nanakuli) in front of the Queen Liliuokalani Statue with a group of 11 people holding the Hawaiian flag.
Ao'Poha'kuku Rodenhurst, president of Spiritual Nation of Ku, said, "The state of Hawaii has a trust obligation to protect native Hawaiians' rights whether they live on homestead land or not."
Luckie Rodenhurst, member of Spiritual Nation, said, "We want to make sure these guys (government) keep addressing the native Hawaiians."
April 30 will mark the centennial of the Organic Act which provided a government for the territory of Hawaii.
The resolution will serve as an invitation to President Clinton and Congress to attend the commemoration at Iolani Palace on April 30
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