Hanabusa favors
appeal in veto dispute

The senator says she expects
the Hawaii Supreme Court
will rule on the issue

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By Pat Omandam
pomandam@starbulletin.com

State Sen. Colleen Hanabusa said she will likely appeal a state Circuit Court ruling this week saying Gov. Ben Cayetano gave legislators proper notice before he vetoed 13 bills.

"I'm inclined to appeal it," said Hanabusa (D, Waianae), an attorney and plaintiff in this constitutional issue case.

Circuit Judge Virginia Lea Crandall on Monday ruled Cayetano complied with state law when he gave legislators 10 days notice of his intent to veto the bills.

The baker's dozen list included a $75 million tax credit for an aquarium at Ko Olina, a 4 percent tax credit for commercial construction and campaign finance reform.

"We never thought this lawsuit had any merit," Cayetano said yesterday in response to the ruling. "We hope this issue ends here."

Hanabusa sued the governor this summer to resolve this constitutional question and to have those vetoed bills enacted as law.

The governor informed the state Legislature about 5 p.m. June 24 of his intention to veto the bills -- 10 days before the noon July 9 deadline for the governor to act on measures approved by the Legislature.

The notice is needed so lawmakers can decide if they should convene a special session on the 45th day to override the pending vetoes.

Hanabusa insists 10 full business days were not given, and therefore those bills should have since become law without Cayetano's signature.

She said yesterday Crandall's decision may not have put enough legal weight on the date the veto messages were due to lawmakers. Hanabusa added there's no ambiguity on what the Constitution says, and expects the Hawaii Supreme Court will ultimately have to rule on the issue.

"I believe that this is a critical issue as to the timing, because in essence, what is being said here is the governor has one set of rules and the legislature another," Hanabusa said.

Crandall said Monday that when there is more than one meaning in a constitutional provision it is legislative history, among other things, that must be considered.

In this case, it was the past practice of preceding Hawaii governors to notify the Legislature on the 35th day after the session ends about possible vetoes, a point argued by state Deputy Attorney General John Dellera in a court hearing on Sept. 16.