LEGISLATURE UPDATE
House committee
gets tougher on
DUI repeaters
One of the measures passed
By Mike Yuen
could leave chronic drunken-driving
violators without their cars
Star-BulletinWarning to motorists who repeatedly run afoul of laws prohibiting driving while under the influence of drugs or alcohol: Continue to break the law and you could soon be without your car. That's the message from the House Transportation Committee, which yesterday approved several get-tough measures meant to get the attention of repeat DUI offenders.
"All of these bills taken together send a strong message," said Chairman Ken Hiraki (D, Kakaako). "We're going after habitual DUI drivers. We're going after their cars and their license plates."
"Some people," said Vice Chairman Roy Takumi (D, Pearl City), "might want to get a bus pass from now on."
Honolulu police Capt. Michael Hama and Anita DiMauro of Mothers Against Drunk Driving said the tougher measures are necessary because repeat DUI offenders are a growing problem.
"All we're asking is that people be responsible for their actions," Hama said.
DiMauro added that in Hawaii about 40 percent of the drivers whose licenses have been revoked through the administrative license revocation system are repeat offenders.
Gareth Sakakida, managing director of the Hawaii Transportation Association, whose 350 members include tour bus operations and commercial haulers, told lawmakers his trade group supports the intent of the bills but was concerned that a company might lose a vehicle due to a driver's problem.
"If a driver is 'clean' upon leaving the terminal, the motor carrier has no way of knowing if alcohol or controlled substances are being consumed or used on the road unless customers ... call in the information," he said.
Hiraki said he believes it is clear the goal is to seize the vehicles of repeat DUI offenders, not those of their employers.
Key bills advanced by the House Transportation Committee to the Judiciary Committee would: Strict consequences
Add license plate impoundment and vehicle forfeiture for one year for repeat offenders driving under the influence of drugs.
Pension-tax bill unlikely
By Craig Gima
to move out of committee
Star-BulletinTaxing retirees' pensions starting in the year 2007 is not a popular topic for state lawmakers in an election year. The bill got a hearing in the House Finance Committee yesterday, but even backers say it is not likely to go much further.
"If a tax system is going to be viewed as equitable or fair, how can you not spread the tax around to everybody?" asked Rep. Nathan Suzuki (D, Moanalua Valley), who introduced the bill.
Rep. Calvin Say (D, Palolo) noted that as the baby boom generation ages, the number of people on pensions will increase and he said so will the demand on government services.
"Will the next generation have the population base to pay for our government service?" he asked."It's going to be the grandkids that are going to pay the bill," he said.
But Loretta Lum, president of the Hawaii State Teachers Association-Retired, said it can be difficult to make ends meet on a pension.
"We feel our economic security threatened," she testified. She asked lawmakers to "take into account the toll on the lives of those who have a set income with no ability to earn more in their lifetime."
Lowell Kalapa of the Tax Foundation of Hawaii agreed that senior citizens on fixed incomes should get higher exemptions and relief through the adjustment of income tax rates and brackets.
But he supported the idea of taxing pensions.
Tax Director Ray Kamikawa said, based on 1995 figures, his deparment estimates taxing pensions could generate $92.4 million to the general fund.
Suzuki said every year, the House discusses the idea of taxing pensions, but there is no effort to support the bill in the Senate.
"We're not here to work hard and bang our heads against a stone wall," he said.
"We've got to get past that wall."
The Finance Committee also deferred a measure to establish a tax amnesty period from January to March of 1999 for taxpayers who have failed to pay the state general excise tax.
Say said he will rework the measure to include the state income tax and to meet other objections brought up during testimony.
Kamikawa said similar programs in other states have brought in between $300,000 and $16 million.
But Kalapa said those kind of programs only work when you have stiff tax penalties.
"If you don't see the tax man coming with the scythe, then it doesn't work," he said.
He also noted that reporting unreported income to the state might also subject the taxpayer to federal scrutiny.
The Finance Committee also held a bill to impose a luxury tax on cars sold for more than $30,000.
Star-Bulletin file photo
An audit of the Mauna Kea Scientific Reserve says
UH needs to reconsider its focus, which in the past has
been solely on astronomy. The site houses the
Keck Observatory, above.
Auditor raps handling
By Keith Kosaki
of area atop Mauna Kea
Star-BulletinNatural resources atop the Mauna Kea Scientific Reserve were neglected under management by the University of Hawaii and the Department of Land and Natural Resources, according to a state auditor's report. Specific problems cited include weak implementation of a management plan, neglecting historic and cultural preservation, windblown trash from the public and construction, and no guidelines for public access at the observatory.
In a report released yesterday, state Auditor Marion Higa said the past practice of focusing solely on astronomy has benefited the university and economy, but "changes in the political climate, environmental regulations and increasing public opposition make it necessary for the university to reconsider its focus."
Officials from both the UH and the DLNR said they agree with the auditor's findings and are working to implement the recommendations, doing such things as developing a long-range master plan and adopting a historic preservation plan.
"We admit that we can improve and we've agreed to all the auditor's findings," said Alan Teramura, UH interim vice president for research.
"Over the years it seems like there were just misunderstandings and poor communication."
Mauna Kea's summit elevation is more than 13,700 feet high and provides ideal viewing conditions for astronomers. The summit is home to 13 telescopes and one antenna system.
The UH response, included in the report, said a Mauna Kea Advisory Committee made up of community members, DLNR representatives and administrators from UH and UH-Hilo will seek solutions to the auditor's concerns.
Teramura said the committee's makeup should be announced by the beginning of next month, and that "we think the next long-range plan and next management plan will include more sensitivity" to environmental concerns.
Some mismanagement examples cited in Higa's report include damage to Puu Hau Oki crater, home to the rare weiku bug, during construction of a telescope in 1983. In 1982, Mauna Kea was the only known habitat of the bug, but the report said efforts to gather information on it came only after damage was done.
Higa's report also said a visitor information station wasn't open every day and many visitors went to Mauna Kea not knowing any information about the site or its regulations. Operating hours have improved, but control over public access is only "partially implemented," the report said.
Teramura said there now are two full-time staffers at the visitors station every day.
Other recommendations include having the DLNR establish clear environmental impact statement measures, and ensuring that all monitoring and enforcing rules not related to the department are handled by UH.
Improvements needed
State Auditor Marion Higa's report cites problems in these areas:
Cayetano's proposal to abolish
By Craig Gima
Land Court runs into opposition
Star-BulletinMililani homeowner Loreene Fujioka is afraid if the state Land Court system is abolished, she will be paying higher title insurance fees and will lose the protection the Land Court gives her and other property owners. About 43 percent of the land statewide and 45 percent of the land on Oahu is under the Land Court system.In his State of the State speech, Gov. Ben Cayetano proposed eliminating the Land Court and having future real estate transactions recorded at the Bureau of Conveyances.
But after hearing testimony on a bill to eliminate the Land Court, the co-chairmen of the Senate Judiciary Committee said they have questions.
"There could be a substantial cost to the public," said Sen. Avery Chumbley (D, Kihei).
Chumbley said property owners whose titles are recorded in Land Court may have to survey their land again if they want to sell it.
The Land Court also protects landowners from frivolous liens and adverse possession or quiet title claims, where someone can file a claim to land occupied or used for 20 years.
Mason Young, administrator of the Bureau of Conveyances, said that if there is a title in Land Court, the court will issue a decision and state guarantees the title.
He said the Bureau of Conveyances just records claims and does not rule on their validity.
"The issue right now is essentially a bunch of uncertainty," said David Rae, manager of community and government relations for Campbell Estate.
Rae said all of Campbell Estate's lands are in the Land Court system."The state's been standing behind us," he said, but he said the estate is not sure what will happen if the court is abolished.
Clyde Namuo of the state Judiciary said six clerks work in the Land Court section, but most of their time is spent processing tax appeals and the clerks would be needed to help with Circuit Court cases involving titles if the Land Court is abolished.
Young said 18 clerks work in the Bureau of Conveyances researching and recording Land Court titles. But he said they would still be needed to record titles and to file liens if the Land Court system was abolished."I don't think eliminating the Land Court is going to diminish our workload -- it's going to increase it," Young said.
