Some House Republicans are looking askance at a bill supported by House Democrats that spells out exactly how a Hawaii governor, lieutenant governor or state appointee could be impeached. Impeachment bill
raises GOP concernSome House members want clear
definitions of procedural termsBy Pat Omandam
pomandam@starbulletin.comWith a 50-50 chance a Republican governor could be elected in November's general election, they questioned whether the list of causes for impeachment, such as "moral turpitude," should be clearly defined in the bill.
For example, if a Republican governor received a traffic ticket, then contested it but failed to make a court appearance and was subpoenaed, would that be grounds for moral turpitude? It is unclear, said state Rep. Cynthia Thielen (R, Kaneohe).
"I've got some real concerns with it," Thielen said. "I want to make it really clear it is not used as a political vendetta."
The House Judiciary Committee approved House Bill 2824, House Draft 1 , on Thursday, sending the measure to the full House next week for a vote that could send it to the Senate.
The state Constitution allows impeachment of the governor but has left the manner and procedure of impeachment up to legislators, who have not proposed any legislation until this year.
The bill describes causes for impeachment in three categories. The first includes treason, bribery or other high crimes and misdemeanors, while the second covers misfeasance, malfeasance and nonfeasance. Moral turpitude is listed in the final category.
Law dictionaries describe moral turpitude as baseness, vileness or dishonesty of a high degree. It says, "The crime of moral turpitude is one demonstrating depravity in the private and social duties which a man owes to another and society at large, contrary to what is accepted and customary."
State Rep. Barbara Marumoto (R, Waialae Iki) wonders how a governor can commit treason, and said both treason and high crimes are antiquated terms that need to be defined in the bill.
The measure is supported by Common Cause Hawaii, which said impeachment is a useful tool when a public official commits a major offense. Larry Meacham, Common Cause spokesman, said the procedures here, based on those in the U.S. Constitution, seem fair and reasonable.
In other news at the state Capitol this week:
>> Bulk drugs: A measure that allows the state to negotiate more affordable prices on prescription medication received heavy debate in the House this week before it was approved and sent to the Senate.
House Bill 2834 aims to contain the rising cost of prescription drugs for the 228,000 Hawaii residents who lack drug coverage under their medical plans, as well as those on fixed incomes. By creating a "Hawaii Rx Program," the state could negotiate to buy medicines at bulk-rate prices.
But House Republicans say there are too many questions that remain unanswered. State Rep. Barbara Marumoto (R, Waialae Iki) fears it would take a bureaucracy to operate the program.
>> Traffic cameras: On Wednesday, state transportation officials suspended the traffic camera demonstration project until today while they fixed technical flaws in the citations issued. Dozens of citations were dismissed in court as judges wanted documentation that the camera operators were certified.
Earlier that day, the state Senate split in a 12-12 vote over whether to approve a resolution that called for a moratorium on the traffic cameras. A Senate bill to repeal the project will face uncertainty in the House, where key leaders want to redraft the requirements for the demonstration project.
>> Mental health audit: State health officials say they are already working to correct financial and management problems cited by state Auditor Marion Higa. Higa criticized the state Adult Mental Health Division for fostering a "quid pro quo" environment where personal gain precedes the state's interest.
>> Computer access on hold: The House Judiciary Committee has deferred a decision on a bill that allowed the House speaker and Senate president to access any computer of the Legislature after opposition by the Legislative Reference Bureau and the state ombudsman, which handle confidential work from legislators and the public.
Judiciary Vice Chairman Blake Oshiro (D, Red Hill) wants to work around those concerns, despite state Rep. Joe Gomes' (R, Waimanalo) suggestion the measure be killed because the true intent is to target only the computers of legislators, which they cannot do.
>> Adult patient disclosure: House Bill 1749, House Draft 2 , would require the state Department of Health to disclose to adult residential care-home operators the prior criminal history of prospective residents convicted of a violent offense or admitted to the State Hospital as a result of an acquittal or conviction.
The bill was in response to the alleged murder of an Oahu adult residential care-home operator in September 2000 by a resident who had previously been acquitted of murder by reason of insanity in 1984.
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