Democrats say tax bill
is done deal

But the state attorney
general says the veto
message was valid

Democrats and Republicans continue to debate whether Gov. Linda Lingle has the power to veto a bill that allows counties to raise the excise tax for transit projects.

Lingle had previously said she wanted the Legislature to promise in writing to amend the transit tax bill so counties, and not the state, would be responsible for collecting the tax. Failing that, she said she would veto it by the July 12 deadline.

But Rep. Marcus Oshiro, the House Democratic leader and an attorney, said yesterday he thinks the bill will become law automatically.

"My position is there is no transit tax bill to veto. By failing to give proper notice, she waived her ability to veto this measure," Oshiro (D, Wahiawa-Poamoho) said.

The bill, HB 1309, was one of several that Lingle intended to veto, but she failed to properly cite the correct bill number in the last paragraph of her proclamation to the Legislature. The proclamation of the governor's intent to veto a bill is required by the state Constitution.

Lingle maintains she correctly identified the bill elsewhere in the document, but legislators say the mistake occurred in the final paragraph, the so-called "be it resolved clause."

"Everyone may know what you meant, but this is a legal document and you have to read it literally. From my thinking this is a fatal flaw," said Sen. Les Ihara (D, Kaimuki-Palolo).

Senate President Robert Bunda said initial legal research indicates that Lingle should either sign the bill or allow it to become law without a signature.

"By doing so, she can avoid setting in motion a series of events that could ultimately kill our hopes for some form of mass transit system," Bunda (D, Kaena-Wahiawa-Pupukea) said.

Attorney General Mark Bennett said he thought the veto message was valid and Oshiro's interpretation was wrong.

"The courts and the Constitution always favor substance over form," Bennett said.

Linda Smith, Lingle's senior policy advisor, explained last night that the error occurred when 28 of the 33 intent-to-veto proclamations came over from the attorney general's office, but five bills were missing.

Smith would not say whether Lingle would veto the tax bill. Lingle was in Hilo last night and unavailable for comment. Smith, however, said the mistake was explainable.

"A secretary was unable to find the other five. She typed the five, and she used HB 85 as the template.

"It was clearly a typographical error. It was not an effort to obfuscate."

House Bill 85, instead of HB 1309, was the bill mentioned in the last paragraph of the flawed bill. Smith added that the Governor's Office considered having Lingle resubmit the correct messages the next day but decided to send the Legislature supplemental proclamations.

Senate Republicans, meanwhile, are asking Lingle for "a decisive veto" today.

"Sending the veto message on or before the close of business Friday would clear up the ambiguity of her intent and allow the Legislature time to react accordingly," Sen. Fred Hemmings, the GOP leader, said. Hemmings (R, Lanikai-Waimanalo) said all five Senate republicans were calling the bill "the largest tax increase in state history."

"If the Democrats want to go to court to fight for the largest tax increase in state history, be my guest," Hemmings said.