Passed deadline turns
dozens of bills into lawTraffic fines will get stiffer,
and cell phone fees will
be higher
Bills that increase traffic fines, increase monthly cellular telephone bills and allow textbook fees will become law.
CORRECTIONS
Thursday, July 1, 2004>> State House Bill 680 provides for mandatory ethics training for certain government officials. The bill number was incorrectly listed as HB2136 in a Page A7 article Saturday on bills that will become law.
Saturday, July 3, 2004>> Gov. Linda Lingle has until July 13 to sign bills into law, otherwise those she does not veto become law without her signature. A June 26 article on Page A7 Saturday incorrectly said Lingle is allowing all the bills she did not already sign or veto to become law without her signature. Also, House Bill 2063, CD1, allows the Department of Education to use money collected for lost, damaged or destroyed textbooks to purchase, repair or replace textbooks and other supplies. The article incorrectly said the department would be allowed to charge students and their parents fees for the use of textbooks.
The Honolulu Star-Bulletin strives to make its news report fair and accurate. If you have a question or comment about news coverage, call Editor Frank Bridgewater at 529-4791 or email him at fbridgewater@starbulletin.com.Gov. Linda Lingle allowed 94 bills to become law without her signature yesterday.
And the governor also signed into law yesterday House Bill 2136, CD1, which extends the state procurement code to many state agencies now exempted from the law. But one of the agencies that will lose its exemption when the law takes effect in January is the Hawaii Health Systems Corp., which runs the state community hospitals.
But Lingle said she still believes the hospital system should not have to abide by the procurement code, and does not understand why lawmakers removed its exemption.
"We told HHSC that we will go down immediately when the (next legislative) session opens to get that exemption back for the hospital corporation," Lingle said.
House Majority Leader Rep. Scott Saiki (D, Makiki-Moiliili) said lawmakers removed the exemption because they felt the HHSC needs more oversight.
"The state auditor conducted three audits of the HHSC over the past two years, and the audits are scathing. And the audits point to procurement problems, overpayments, financial mismanagement," Saiki said.
Bills that will become law without Lingle's signature include:
» HB2883, CD1: Allows cellular telephone service providers to charge customers an extra 66 cents a month starting next month to pay for an enhanced wireless 911 system. The system will allow operators to locate callers who dial 911 on their cellular telephones. Enhanced 911 systems have proved to be a lifesaving service in parts of the country that have established them.
» SB2063, CD1: Allows the state Department of Education to charge public school students and their parents fees for the use of textbooks. It establishes the textbook and instructional materials fee special account into which fees charged to public school students will be deposited. Money in the account will be used by the department to purchase, repair or replace textbooks, instructional material, library books equipment or supplies.
» SB17, CD2: Requires the DOE to establish a two-tier kindergarten program. Beginning with the 2006-2007 school year, a child who will be a least 5 years old on or before Aug. 1 of the school year will attend kindergarten, while those who will be 5 years old after Aug. 1 will attend junior kindergarten.
» HB2294: Doubles the administrative fee to process parking citations to $10 from $5, moving violations to $40 from $20 and any additional fine imposed by the court to $30 from $15. The new fees take effect Jan. 1. The additional money will go into a special fund for the state Judiciary to use to update and improve its computer system.
» SB1611, CD1: Updates the law that requires retailers to charge consumers who purchase bottled beverages 6.5 cents per container for a state recycling program. Beverage distributors and dealers will begin charging consumers the 6.5 cents Nov. 1. Consumers can return empty containers for a 5 cent-per-container refund beginning Jan. 1.
» HB2136: Requires all state legislators, Board of Education members, Office of Hawaiian Affairs trustees, the governor, lieutenant governor, state department heads and their deputies to undergo mandatory ethics training.
» HB1848: Provides an income tax deduction of up to $3,000 per tree to maintain "exceptional trees." The deduction can be claimed every three years. County Councils designate exceptional trees according to state law.
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Gov. Lingle puts bills
in jeopardyHere are the bills from the 2004 Legislature that Gov. Linda Lingle said she will veto, and her reasons:
» SB459: Would toughen campaign spending restrictions, including forbidding nonbid contractors from donating to campaigns.
Reason: Contains technical errors that could lead to constitutional challenges.
» SB469: Would prohibit an employer from discriminating against an employee who uses accrued sick leave.
Reason: Matters pertaining to employee sick leave should be determined by collective bargaining.
» SB1491: Appropriates an additional $34,406,910 for fiscal year 2005.
Reason: Removes duplicate appropriation of $675,307 through a line-item veto.
» SB2056: Would require the state departments of Education and Health to turn over certain student records to the legislative auditor.
Reason: Is an attempt to circumvent federal law.
» SB2077: Would require each state agency to update functional plans by June 30, 2006, and every 10 years thereafter, without extra funding.
Reason: The plans have not proved to be useful public policy tools.
» SB2134: Would establish an emergency environmental work-force program to assist counties in their fights against invasive species.
Reason: The measure contains no funding, and the program is inconsistent with the oversight agency's mission.
» SB2281: Would establish a private trust account and repeal a $3 million cap on the High Technology Special Fund.
Reason: The private account would not be subject to state supervision or public scrutiny.
» SB2528: Would appropriate money for grants to homeowners who install hurricane mitigation systems.
Reason: Would benefit only a few homeowners.
» SB2608: Would permanently establish critical-access hospitals.
Reason: Duplicates another measure.
» SB3020: Would allot money to ensure staffing for multitrack schooling at Kapolei Elementary and Middle schools.
Reason: Attempts to circumvent the budget process.
» SB3025: Would require the state Office of Planning to report exclusively to the director of the state Department of Business, Economic Development and Tourism.
Reason: Attempts to limit the flexibility of the executive branch.
» SB3170: Would exempt the ethanol blending rules from the public rule-making process.
Reason: Such rules are set for public hearing under the current law.
» SB3182, HB2748: Would allow employees of the Business Action Center at the state Department of Business, Economic Development and Tourism to become permanent civil servants without taking an examination.
Reason: Contradicts civil service principles of merit and open competition.
» HB1374: Would allow the insurance commission to investigate workers' compensation fraud committed only by employers or insurance companies.
Reason: Would not allow investigations of claimants or medical providers.
» HB1743: Would restrict the use of artificial lights shining on the ocean in special management areas.
Reason: Much of the bill is vague, and it does not establish an illumination standard.
» HB1774: Would allow individuals to keep their full weekly unemployment benefits even if they are working.
Reason: The unemployment compensation system is not intended to make individuals "whole" by replacing 100 percent or more of their prior income.
» HB1793: Would require a state exchange of public land for private land in Poamoho.
Reason: Appears to violate the state Constitution.
» HB2840: Would authorize health officials to adopt rules on the control of "fugitive" dust to control air pollution.
Reason: Such authority already exists.
» HB1919: Would guarantee pay raises to state employees excluded from collective bargaining.
Reason: Reverses the intent of the civil service law.
» HB2025: Would prohibit employers from paying women less than men for equal work.
Reason: Duplicates federal and state law against discrimination on the basis of gender.
» HB2740: Would extend the period in which employers must notify employees of their intention to close, partially close or relocate.
Reason: Current limit is sufficient.
» HB2741: Would require quarterly justification reports by deputy directors and special assistants to the Legislature.
Reason: Imposes an unreasonable and unnecessary administrative burden on the executive branch.
» HB2773, HB2774: Would allow amateur radio operators to install antennas in their condominiums and in planned community associations, if authorized by the board of directors.
Reason: Intrudes into contractual affairs of homeowners.
» HB2786: Would require the awarding of attorneys' fees and costs to the lawyers of people who win cases against their insurance companies.
Reason: Encourages litigation.
» HB2859: Would require the governor to convene a group to study the feasibility of establishing a multipurpose equestrian facility.
Reason: This should be done by private interests.
» HB2911: Would subject charter schools to land-use codes and rules that other public schools are not required to follow.
Reason: Unfairly singles out charter schools.
