A constitutional battle between Gov. Ben Cayetano and state Sen. Colleen Hanabusa over vetoes of 13 bills could be decided by an apostrophe. Apostrophe could
decide veto fightBy Crystal Kua
ckua@starbulletin.comHanabusa (D, Waianae) contends that the state Constitution uses "10 days'" notice, meaning the governor has to give the Legislature 10 full 24-hour days of notice of vetoes.
If a Circuit Court judge goes along with Hanabusa's argument, it could mean the governor missed the deadline to veto bills by five hours, and the bills should have become law without his signature.
A hearing on Hanabusa's motion is scheduled Sept. 16 before Judge Virginia Lea Crandall.
"Obviously, we are going to take a contrary position," state Attorney General Earl Anzai said in response to the motion. Anzai's office is also asking Crandall to dismiss Hanabusa's lawsuit. That motion will also be heard Sept. 16.
The list of vetoed bills from the 2002 legislative session includes a $75 million tax credit for a Ko Olina/aquarium resort project, a major campaign finance reform measure, rent relief for airport concessionaires and a 4 percent tax credit for commercial construction.
Hanabusa is one of the leading proponents of the Ko Olina tax credit, which would bring economic benefits to her district.
In the dismissal motion, the Attorney General's Office said the governor's veto notice was timely. "We demonstrate ... that notice given any time on the 10th day is sufficient," according to the attorney general's motion.
The attorney general also argues that Hanabusa does not have standing to file the lawsuit.
Hanabusa cannot show she will suffer injury as a result of the governor's actions, the attorney general maintains.
The Attorney General's Office also noted that since 1978, governors have waited until the 35th day after legislative adjournment to give notice of an intention to veto bills.
The Constitution says the bills must be given to the Legislature on the 45th day after the session ends, which was July 9. By that day, legislators could have held a special session to overturn the vetoes.
The governor sent the notices about 5 p.m. June 24, just less than 10 full business days before the noon July 9 deadline.
Hanabusa filed her lawsuit after the state Supreme Court rejected her veto challenge.
As part of her arguments in her current motion, Hanabusa wrote that the placement of the apostrophe in the word "days'" -- as used in "10 days' notice" -- is an indication of what the framers of the Constitution meant in interpreting the veto notice deadline.
"It is presumed that when the drafters of the Constitution use a possessive form such as days', they do so intentionally," she wrote in her motion.