‘King Ben’ bill All last week, lawmakers' phones were ringing steadily with calls about one of the most unusual pieces of legislation before this special legislative session.
sparks outrage,
confusion
The controversial bill would
expand the gov's powers
during the economic crisisBy Richard Borreca
rborreca@starbulletin.com
Opponents were calling it the "King Ben" bill and claiming it would give "martial law powers" to the governor, while supporters said it was a needed way for Gov. Ben Cayetano to deal swiftly and efficiently with what is shaping up to be the worst economic crisis in the state's 42-year history.
Attorney General Earl Anzai summed up the bill's powers in testimony during a public hearing Tuesday.
"During the economic emergency the governor is empowered to suspend any statute, rule or order and adopt rules to provide relief to residents of the state," he said. "The governor is authorized to suspend, waive, defer or modify contract obligations owed to the state."
Some residents and legislators are horrified at the thought of giving such powers to any one person.
In a private letter to Senate President Robert Bunda, attorney Anthony Gill called the emergency powers legislation "the single worst bill I have ever studied."
"It is astounding in hubris, insulting in its ignorance of American tradition, disproportionate in its remedy, and blazingly dumb in its conflation of the themes of natural disaster and the economy," Gill wrote.
The bill was first proposed by senators, who were concerned that several different requests by Cayetano for authority over different state rules would be too confusing.
Legislators, led by Sen. Colleen Hanabusa (D, Waianae), drafted a compromise bill that would give Cayetano powers for six months to override state laws and rules. She said new safeguards would make sure that the rule suspension could last only for six months and at the end of that period all deferred fees would be due the state.
Hanabusa included a section calling for the governor's actions to be watched by the Senate president and speaker of the House and that all rule changes or suspensions would be made public.
Debate on the bill, which passed both the House and Senate Friday, has been fierce.
Rep. Galen Fox, (R, Waikiki) the GOP leader, said the bill is "granting the governor martial-law powers."
Rep. Ed Case (D, Manoa) said there is confusion about what the bill actually does.
"It does not and cannot suspend our federal or state Constitutions or federal law, so all the protections and checks they provide continue to govern the executive. ...
"Furthermore, the Legislature does not forfeit its power and obligation to reverse any abuse of this power by the executive," Case said.
"The Legislature passed this law and it can revoke it," Case added, noting that some of the concern may be "distrust of the current governor."
Others are privately saying that some of the criticism has a racist overtone.
Secretaries to several legislators and to Cayetano have said they are getting calls comparing Cayetano, who is Filipino American, to the former Philippine dictator Ferdinand Marcos.
Cayetano said the debate is worthwhile because "there are arguments on both sides and I understand fully."
"Before you give any governor or mayor the powers they are going to give me it has to be discussed and debated," he said.
It appears the emergency powers bill will clear the Legislature Wednesday. Cayetano said he is moving on two fronts to use the new power.
First he will look at airport contracts with vendors to see if he can modify them to charge only a percentage of sales instead of the more expensive minimum annual guaranteed amount.
Cayetano also wants to look at ways to streamline all state rules.
"We have asked all our departments to tell us where they are facing bottlenecks, so that the emergency powers can be used to deliver services," Cayetano said.
Finally, Cayetano argues that people will have to trust him to use the extra power to quickly help businesses and speed money to the community.
"They are putting a lot of trust in me," Cayetano said. "I recognize that people have this fear I might be doing things that might not be appropriate just to accomplish what I want.
"I say watch and keep an eye on what we are doing. Every procurement change we make, every rule we suspend or bypass, I will tell you and I will tell you why.
"You may not like the answer, but you are going to get the answer," he said.
Legislature Directory
Legislature Bills & Hawaii Revised Statutes
