House debates
hemp, judges’ pay,
fireworks as
deadline nears
By Pat Omandam
and Craig Gima
Star-Bulletin
Industrial hemp research, tax incentives and tax cuts, fireworks restrictions, breast-feeding laws, judicial pay raises and housing rights based on sexual orientation are but a few of the issues alive with eight weeks remaining in the state Legislature.
House and Senate lawmakers yesterday exchanged more than 600 bills before tomorrow's key legislative deadline known as first crossover, when all bills from each chamber must be sent to the other body for a second round of committee hearings, discussion and votes.
In the House yesterday, floor debate was on privately funded industrial hemp research on the Big Island, which a bipartisan group of lawmakers says could become a cash crop for Hawaii.
"I believe that industrial hemp is an economic benefit to Hawaii," said House Agriculture Chairman Jun Abinsay (D, Kalihi).
State Rep. Cynthia Thielen (R, Kailua), who over the years has educated House members on the industrial use of the federally controlled substance, said Hawaii can become a world leader in producing industrial hemp.
"We are becoming very business-friendly with this measure," she said.
But others like state Reps. Joe Souki (D, Wailuku) and David D. Stegmaier (D, Hawaii Kai) argued that support of industrial hemp in Hawaii weakens the state's ban on marijuana and now is not the time to do that.
Partisan politics, however, returned when debate focused on pay raises for state judges.
House Republicans argued against the plan because of the state economy and a lack of any recent independent review of judges' performances. Republicans said if lawmakers want to raise pay, they should do so for front-line members of the judicial system: police.
Minority member Bob McDermott (R, Foster Village) said judges don't deserve a raise for what he called "substandard performance" in recent high-profile court rulings.
"Time and time and time again, these guys have blown every highly controversial decision," McDermott said.
The majority, however, defended the measure, saying the money is needed to attract the best and the brightest to the bench. House Majority Leader Ed Case (D, Manoa) said the state should never decide whether to award pay hikes to judges based on their rulings in the courtroom.
"We cannot cross that line," said Case, an attorney.
House Republicans were also unsuccessful in trying to get a floor amendment passed yesterday. It would have replaced language in a bill that reduces the pyramiding of the general excise tax to one that instead removes the excise tax on all food, rent and medicine. The Democrats quickly shot down the plan by 37 to 12.
On the issue of fireworks, the 51-member House was in full agreement over a bill that authorizes the counties to regulate uses of nonaerial common fireworks through a permit system.
The fireworks measure, however, runs counter to a Senate bill that calls for a statewide ban of all fireworks, setting up a House-Senate showdown on the explosive issue.
Some senators objected to a bill that would prohibit discrimination in housing and public accommodations based on sexual orientation.
Sen. Norman Sakamoto (D, Moanalua) said, "Why should one's choice of bisexuality or homosexuality rise to the level of existing protected civil rights?"
Sen. Matt Matsunaga (D, Palolo) insisted the bill is needed.
"There is no legitimate basis for discrimination in housing or public accommodations on the basis of sexual orientation," Matsunaga added.
Senate may give
smokers some space
By Craig Gima
Star-Bulletin
The state Senate is giving a little breathing room to smokers who could be affected by a bill banning smoking in most workplaces.
The Senate tomorrow will vote on a floor amendment to the measure that would allow an employer to set aside an area for smokers as long as it does not directly affect nonsmokers. The amendment would also change a loophole that could have allowed public and private union members to smoke, despite the ban, until their current labor contracts expired.
Under the amendment, arrangements for smoking in the workplace would be an item that would have to be negotiated in a labor contracts. However, if smoking is not addressed in the contract, the state law would apply.
Current state law just requires an employer to come up with a smoking policy and to make reasonable accommodations for nonsmokers if they object.
The City and County of Honolulu already has a ban on smoking in the workplace that proponents of the bill said is tougher than the Senate proposal, so the bill would mainly affect the neighbor islands.
Vote recount
to cost $250,000
By Harold Morse
Star-Bulletin
Expensive.
That's how Todd Urosevich of Election Systems & Software sees the massive vote recount of last year's general election now under way in the large hospitality room at Aloha Stadium.
His firm is footing the bill likely to reach $250,000 by the time the audit is done.
Dick Jablonski, ES&S vice president of finance, Urosevich, vice president of election service, and maybe a dozen other ES&S employees are here from Omaha headquarters for the job.
ES&S finished tabulating about 420,000 November ballots by machine Monday evening, a process that began Saturday.
What takes time are the manual recounts in five close races where victory margins were less than 1 percent. "The automated piece of it took three days, and that's very effective, a very fast and effective process," Jablonski said. "It's the manual audit that kills you every time."
ES&S has hired more than 20 temporary employees to do the manual recount.There are about eight citizen official observers from around the state watching.
William Scamahorn, a nonpartisan official observer from Kauai -- where in the County Council race Billy Swain edged Mel Rapozo for the final spot on the seven-member Council -- doesn't think the recount will change that.
"I've convinced of the integrity of the electoral process," he said. "I think the computers are the most reliable way of producing viable election results."
There are about 10 employees from the Arthur Andersen accounting firm double-checking the recount.
Dwayne Yoshina, chief election officer, said he didn't know how long the recount will take, but he must write a report by March 31.
Status of bills in
the Legislature
600 bills change hands
House and Senate lawmakers yesterday exchanged more than 600 bills before tomorrow's key legislative deadline known as first crossover, when all bills from each chamber must be sent to the other body for a second round of committee hearings, discussion and votes. Here's a look at the status of the major bills:
Fireworks: Allows the counties, by ordinance, to regulate use of non-aerial fireworks.
Vehicle tax: Authorizes the counties to impose a value tax on cars.
High-technology development: Offers tax breaks for technology training, job creation, research and investments by high-tech businesses.
"New century" schools: Creates process to establish the student-centered "new century" schools envisioned by Gov. Ben Cayetano.
Additional personal income tax cuts advocated by Cayetano.
Domestic partnerships that would give gay couples many of the financial benefits of marriage -- but not adoption or parental rights -- without the title of marriage.
Elimination of overtime pay from the calculation of government retirement benefits, which would have saved the state $20 million in retirement payments.
Legalized physician-assisted death and physician-assisted suicide.
Here are key bills
advancing or stalled
MOVING
ECONOMIC DEVELOPMENT
Hotel tax credit (HB136, HD2 and SB1325, SD1): Establishes tax credits for hotel construction or renovation.
Public-private partnerships (HB140): Allows public-private partnerships for public works, including private financing.
TAX REFORM
Business expenses (SB1245, SD1): Increases business income tax deductions from 50 percent to 100 percent for meals and entertainment expenses.
Business taxes (HB231, HD2): Lowers to an unspecified percentage the tax rate for corporations, regulated investment companies and real estate investment trusts.
Excise tax (HB232, HD2): Establishes a new general excise tax structure that retains the 4 percent tax on final services, but over seven years lowers taxes on intermediary services and wholesale goods to 0.5 percent.
Exported and imported services (HB375, HD1 and SB44, SD1): Exempts exported services from general excise tax, imposes use tax on imported services.
Nonprofit reporting (HB1682, HD1): Allows the state to get a handle on revenue lost from the excise tax exemption for nonprofits by requiring nonprofits that file Form 990 with the IRS to file a copy with the state.
LABOR
Civil service (HB142, HD1 and SB1046, SD2): Seeks more talk and study of civil service reform.
Public Employees Health Fund (HB1060, HD2): Eliminates state and county contributions for dependents of employees hired beginning July 1, 2000; limits employer contributions when workers retire.
Wages (HB102, HD2): Penalizes employers who fail to pay their workers by requiring back pay plus 6 percent interest.
Whistle-blower protection (HB159, HD2): Prohibits employers from preventing employees from disclosing company information when there is cause to believe the information reveals illegal activities, misuse of public resources or threats to health and safety.
Workers pay (HB1038, HD1 and SB1284, SD2): Authorizes funding for retroactive pay raises for nine collective bargaining units representing state workers.
COUNTIES
Vehicle registration fee (HB719, HD2 and SB686, SD1): Raises the vehicle registration fee from $1 to $2 (House) or $3 (Senate) to assist counties in removing abandoned vehicles.
County reimbursement (SB17, SD2): Allows the counties to be reimbursed for the general excise tax they pay to the state.
EDUCATION
Board of Education (HB149, HD2): Proposes a constitutional amendment to change the elected Board of Education to a panel appointed by the governor.
Class size (HB185, HD1): Ties appropriations to limits on class size -- 20 students per class in kindergarten to third grade, 26 students in grades four to six.
"New century" schools (SD1501, SD2): Creates process to establish the student-centered new century schools envisioned by Gov. Ben Cayetano.
University regents (SB43, SD1): Requires at least three University of Hawaii regents to be nonresidents with national or international prominence.
ELECTIONS
Campaign contributions (HB71, HD2): Limits contributions from a candidate's immediate family to $50,000 a year.
Mail-in elections (SB913, SD1): Provides for elections by mail as long as they are not held on the dates for regularly scheduled primary and general elections.
GOVERNMENT OPERATIONS
Appointments (SB654): Requires the appointment of first deputies for the ombudsman, Legislative Reference Bureau, legislative auditor and legislative analyst with salaries between $69,748 and $72,886 annually.
Copying costs (SB646, SD2): Reduces the cost of copying government records from 50 cents a page to 6 cents.
HEALTH AND SAFETY
Breast-feeding tax credit (SB825, SD2): Provides an unspecified corporate tax credit for building a breast-feeding room.
Child abuse (HB273, HD2 and SB176): Creates two new criminal offenses -- child abuse in the first and second degrees -- that can lead to an extended prison term.
Drunken driving (HB123, HD2): Adds vehicle forfeiture to existing penalties for third conviction for driving under the influence.
Hate crimes (SB605, SD1): Establishes civil cause of action and enhanced criminal penalties for hate crimes due to a person's race, color, religion, ancestry, national origin, gender, transgender, sexual orientation, age or disability.
Long-term health care (SB194, SD2): Establishes a state income tax credit equal to 50 percent of a premium, up to $1,000 per tax year, for qualified long-term care insurance contract.
Prostitution (SB1568, SD2): Expands prohibition of prostitution in Waikiki to other areas designated by county councils.
Sexual orientation (SB1151, SD1): Adds sexual orientation as a protected status against discrimination in housing and public accommodations.
JUDICIARY
Judges pay (HB20, HD2 and SD1345, SD2): Raises judges' salaries; tightens retirement provisions.
PRIVACY
Patient information (HB351, HD2): Protects individual privacy rights by regulating the use, handling and release of personal medical information by health care providers and others.
Social Security numbers (HB8, HD1 and SB155, SD2): Prohibits the use of Social Security numbers on drivers' licenses to be issued or renewed.
STALLED
"Bumping": Would have restricted the practice of "bumping," which allows senior government workers who have been laid off to take the job of a junior worker but retain the higher pay of the previous job.
Cockfighting: Would have allowed a game bird testing facility on the Big Island.
Drunken driving: Would have lowered the blood-alcohol level for driving under the influence from 0.08 to 0.04 percent.
Executive bonuses: Would have allowed governor to give performance bonuses to top officials.
Inspections: Would have forced the Health Department to tell operators of adult residential care homes when their facilities would be inspected.
Marijuana: Would have allowed marijuana to be used for medical purposes.
Minimum wage: Would have raised the state minimum wage by $1.25 to $6.50 per hour.
Worker retention: Would have required new owners of isle businesses to retain all current employees for a year after buying the firm.
Status of bills in