The constitutional issue over whether Gov. Ben Cayetano gave legislators enough notice before he vetoed 13 bills in July is now in the hands of state Circuit Judge Virginia Lea Crandall, who has taken the matter under advisement. Court takes up issue
of governor’s vetoesBy Pat Omandam
pomandam@starbulletin.comPlaintiff Colleen Hanabusa, a state senator, told Crandall in court yesterday the governor did not give the state Legislature the required 10 full days of notice that the state Constitution requires on bills he intended to veto.
She argued only nine days were given and that the governor is operating under a different set of rules. 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, who has been pursuing this constitutional question all summer, is seeking a default judgment from Crandall that would make those bills law.
The list of measures includes a $75 million tax credit for an aquarium at Ko Olina, campaign finance reform, a 4 percent tax credit for commercial construction and continued rent relief for airport concessionaires.
Hanabusa explained the governor's vetoes are an exercise of legislative power, and as such, he must strictly comply with constitutional law, which says lawmakers must be given 10 full days of notice before the governor can veto a bill.
The notice is required so lawmakers can decide if they should convene a special session to override the pending vetoes.
"There is no ambiguity here," Hanabusa said.
But state Deputy Attorney General John Dellera countered that Cayetano has complied with the terms of the Constitution and that Hanabusa is comparing "apples and oranges."
He said those bills were properly vetoed because the governor gave legislators the proper 10 days notice of his intent to veto.
Moreover, Dellera said, the governor followed past practice of the preceding two Hawaii governors. That practice is to notify the Legislature on the 35th day after the session ends on which bills the governor intends to veto, and then sending the actual veto message on the 45th day.
Dellera said nobody has objected to this practice over the last 16 years, and this long and continued interpretation of the law should be followed.
He said Hanabusa's "overly literal interpretation" of the Constitution, if supported by the court, would be a "miscarriage of justice."
The Constitution says the governor must act on bills within 45 days after the session ends.
The governor can sign a bill into law, veto the measure or allow the 45 days to pass and the measure to become law without his signature.
The governor is required to give 10 days notice of bills he intends to veto.
The issue has drawn enough interest that Ko Olina developers have successfully intervened in the case as a plaintiff alongside Hanabusa. Ko Olina attorney Todd Apo said the full 10-day notice is needed because it is difficult to get 76 legislators together for a special session.
State of Hawaii
