Hanabusa in court
again for vetoes

The Senator claims Cayetano
violated the State constitution

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By Bruce Dunford
Associated Press

State Senate Vice President Colleen Hanabusa went to court yesterday, again seeking an order invalidating Gov. Ben Cayetano's veto of 13 bills approved in early May by the 2002 Legislature.

Her complaint in Circuit Court asks the judge to rule that Cayetano failed to provide the Legislature with the 10-day veto notice the state constitution requires.

Cayetano has 20 days to answer Hanabusa's complaint to avoid a default judgment that would make the 13 vetoed bills law.

The state Supreme Court earlier this month rejected Hanabusa's petition that it immediately address the constitutional question, although it is likely that's where the dispute ultimately will be resolved.

Among the bills vetoed were a $75 million dollar tax credit for an aquarium at Ko Olina, a 4 percent tax credit for commercial construction, rent relief for airport concessionaires and campaign finance reform.

While Hanabusa (D, Nanakuli-Waianae-Makaha), sponsored the Ko Olina bill, she insists her legal action is to clarify an important constitutional issue, not to get the aquarium tax credit resurrected.

Cayetano sent notices late in the day on June 24 that he intended to reject the 13 bills, but Hanabusa contends that did not give lawmakers the 10 full days to consider an override on July 9, something she said is required by the constitution. She contends his deadline was June 21, a Friday.

Attorney General Earl Anzai earlier issued an opinion that Cayetano had met the constitutional deadline.

Cayetano previously said he was confident Hanabusa will be found "dead wrong" in her challenge. If she is correct, it could cast doubt over hundreds of last-day gubernatorial vetoes made since statehood, he said.

Hanabusa's court filing yesterday also argues that Cayetano violated the state constitution by handing the 13 bills over to the Legislature on June 24 along with his notice of his intent to reject them.

House Clerk Pat Mau-Shimizu and Senate Clerk Paul Kawaguchi also violated the constitution by accepting possession of the bills from Cayetano on June 24, Hanabusa contends.

In defending her position earlier, Hanabusa pointed to an August 2000 special legislative session when Anzai advised lawmakers they had failed to give the governor the required 10-day notice before approving a proposed constitutional amendment. It prompted a two-day extension of the session.

The same 10-day notice definition should apply to the governor's veto messages, she said.

Anzai replied that the governor only gets 10 calendar days' notice of proposed amendments while lawmakers get 10 working days' notice of vetoes, not counting holidays and weekends.

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