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Capitol View

By Richard Borreca

Wednesday, June 28, 2000


Cayetano’s use
of his veto power

THARN: "Stupefied, distraught, hypnotized with fear, but in certain contexts can mean looking foolish or heartbroken."

Richard Adams dreamed up the word for his novel, "Watership Down," about a group of rabbits fleeing the destruction of their home by land developers. Tharn is what rabbits go into when they see the end coming or imagine the end is coming or can't decide if what they imagined is real or not. It can happen to the bravest of rabbits.

Tharn is more than a deer-in-the-headlights moment. It is more like being in stasis or hypnotic stagnancy.

It is also a good description of what Gov. Ben Cayetano has done to the state Legislature.

We may not have an entire legislature of rabbits, but from the collective reaction to Cayetano's string of vetoes and general rejection of legislative ideas, the building on Beretania Street is becoming quite a warren.

Despite predictions that Cayetano's last two years in office would be spent as a diminished lame duck, there has been a fearsome regularity to the governor's exercise of the veto. Last year Cayetano vetoed 45 bills. This year it was 43, including portions of the state budget.

Bills directing Cayetano how to spend money to help the poor and sick were tossed out, as Cayetano said they didn't provide authorized funds.

Other bills that would have given poor mothers help with newborns were spiked because Cayetano said the wording was flawed, even though the Legislature said Cayetano's own Attorney General's Office helped draft the final version of the bill.

Governors before Cayetano have vetoed bills they thought were unconstitutional, bills they thought would hurt the state, unneeded bills or duplicate bills. But Cayetano has actively expanded the range of gubernatorial objections to include bills he simply doesn't like. There's nothing wrong with that approach, but it does throw the responsibility back on the Legislature to define policy.

The Legislature has the power to override Cayetano's vetoes, even his rejection of portions of the state budget.

To his credit, Cayetano this year came out in front of the usual state administrative policy of simply withholding funds that were not going to be spent anyway.

For instance, politicians could have gotten the community worked up and fighting to get a new school library, air conditioning or gym and would claim victory when the extra money was tucked into the budget. After the governor declined to spent the money, the legislator could shrug and claim innocence.

BUT this year Cayetano made himself the target as he cut funds for traffic lights near Kapolei Elementary School, air conditioners for August Ahrens Elementary, expansion of the Kaimuki High School cafeteria and even $75,000 for fire code improvements at Manoa Elementary.

The governor said the projects were not included in the "proposed budget considered by the Board of Education" or even included in the Department of Education priority projects.

They were pet projects put in by legislators after the community lobbied for them. Commonly such items are called pork, or pork-barrel legislation. It is the sort of thing that Sen. Dan Inouye has practiced for years in Washington. Except when Inouye does it, he makes a case for it, fights for it and stands up to critics who say the money is not needed.

Somehow Inouye has been able to move his bills ahead past Democratic and Republican presidents, while this Democratic Legislature can't find a way to override a single veto.



Legislature Directory
Hawaii Revised Statutes
Legislature Bills



Richard Borreca reports on Hawaii's politics every Wednesday.
He can be reached by e-mail at rborreca@pixi.com




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