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House prepares
new budget bill,
raps Cayetano

Senate overwhelmingly
passes a hate crimes
measure by a 22-3 vote

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By Richard Borreca
and Lisa Asato
Star-Bulletin

As the state Legislature moves toward this session's halfway point, the House is readying a new state budget bill critical of Gov. Ben Cayetano's administration and reluctantly funding increases to the federal court-mandated Felix consent decree.

Also during last night's session, the Senate easily passed a hate crimes bill by a vote of 22-3.

The bill would impose longer sentences on those who commit crimes based on the victim's race, sex, sexual orientation, age, religion or disability.

The budget would provide general fund appropriations of $3.453 billion for fiscal 2002 and $3.597 billion in fiscal 2003.

Not included in the budget are pay raises for public workers, although the House finance committee acknowledged it will have to change the budget to include pay raises estimated at more than $200 million. The House budget does include tax cuts through an earned income tax credit, a graduated food tax credit and an increase in the standard deduction on the income tax.

The budget is scheduled for a House vote tomorrow before it goes to the Senate and then to a conference committee in April or May.

In the Senate, President Robert Bunda said last night the Senate is going ahead with its planned rollback of income tax cuts. Bunda said the Legislature would be "irresponsible to not explore all alternatives," even scrapping a planned tax cut.

Bunda said the tax savings would be more than $130 million and that the state budget needs the money.

The state House finance committee, meanwhile, was critical of Gov. Ben Cayetano's administration, saying that Cayetano has sent in "an alarming number of emergency appropriations."

"These emergency funding requests at the least suggest poor fiscal planning, and at the worst suggest that the departments are openly defying the fiscal parameters set by the Legislature," the finance committee report said. The administration asked for $115 million in emergency funds.

The committee was also critical of the state Health Department's performance in working with the Education Department to help special education students covered by the Felix consent decree.

The report said that both the health and education departments have added millions in budget items "improperly inflated under the guise of Felix-related costs."

Emergency requests for more money, the finance committee said, ranged from $56.8 million to $44.6 million, which "appears to indicate a fundamental flaw in their methods of estimating fiscal requirements."

Back in the Senate, the issue of crime and punishment took center stage.

The hate crime bill was criticized by Sen. Norman Sakamoto, who said it was "redundant." Assault, murder and other crimes are already punishable under state law, he said.

"It is misguided to think (this bill) will deter violence," said Sakamoto (D, Moanalua-Salt Lake). Sakamoto said making people's thought processes illegal was "a dangerous precedent" and an affront to the constitutional right to have opinions.

Sen. Sam Slom (R, Hawaii Kai) also expressed constitutional concerns. He said that under the law intent would have to be proven. But, he said, the American Civil Liberties Union has testified it would oppose basing intent on past actions and affiliations.

Proponents of the bill say it would protect targeted groups; opponents argue that it advances the interests of homosexuals.

Sen. Fred Hemmings (R, Kailua-Waimanalo) also voted against the bill.

The Senate also approved a measure that would limit teen driving at night. The bill, passed 18-7, would require drivers under 18 to be accompanied by a licensed driver 21 or older between 11 p.m. and 6 a.m.

The bill would also require teens to carry a signed note by a parent or employer if they are driving unchaperoned for school- or work-related reasons. "Night driving is something we can't play around with," said Sen. Cal Kawamoto (D, Waipahu-Pearl City). In backing the bill, he referred to factors such as teen hormones, speeding and racing cars.

Majority Floor Leader J. Kalani English, who voted against the bill, said the bill would "criminalize circumstance." The Maui Senator said that in rural areas such as Hana, a lot of people work or go to school on the other side of the island, which requires them to drive late at night.

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