Legislature Fell Short In duty to Help Public

By Representative Lynn Finnegan, Minority Leader

 

I was recently asked what I would consider to be some highlights of this session.  I thought about the authorization to purchase Turtle Bay.  This was an “out of the box” idea that would preserve our land, our Hawai`i. I also thought about funding the harbor modernization plan.  This collaborative plan of the users of state harbors is necessary to meet the growing needs of our state as 98 percent of all goods and materials imported into Hawai`i come through the harbors.  I also thought about the legislation mandating ignition interlock systems for DUI offenders.  It was an idea that the Administration, Republicans and Democrats all introduced and agreed upon.  As passed, these changes will take years, and should instead be implemented much sooner.

 

Last year, the Legislature collaborated with the Governor on her initiatives to chart a course for our future – developing science, technology, engineering and math skills (STEM), and investing in the creative arts, such as the Music Enterprise Learning Experience (MELE).  This year, no such collaboration was evident as funding to expand these successful programs was eliminated from the legislature’s final version of the state budget.

 

2008 is a time when the cost of living in Hawai`i is increasing rapidly.  According to statistics released by the Governor’s Office in February, average expenses for a family of four living on Oahu have increased in a number of areas since 2002.  For the year ending 2007, water and sewer rates have increased by almost 42%, gas prices have increased 87% even accounting for a 1/6th decrease in consumption, electricity rates have jumped approximately 84%, and property taxes have increased by a similar percentage.  But even without the statistics, we know our costs of living have increased.

 

If there was ever a time to provide meaningful tax relief for our citizens, this was it.  The Governor proposed $102 million in tax relief targeted to seniors, families with dependent children and those who provide dependent care.  House Republicans introduced measures to eliminate taxes on food, and were supportive of the Governor’s tax relief proposals.  The only tax relief the legislature passed was a $1 tax rebate that a taxpayer can claim on their 2008 state tax return . . . in 2009.

 

Medical liability insurance increased an average of 90% from 2002 to 2006 for life saving specialists.  This issue garnered much discussion in the early part of the session, and it is clear from the experience of other states, such as Texas, that reducing the cost of insurance for doctors will reduce the amount of doctors leaving Hawai`i.  We have lost 30% of our orthopedic surgeons.  There are only two left on the west side of the Big Island.  There is only one OB/GYN to service an area from Kahuku to Kaneohe.  Moloka`i has none.  Maui is the only neighbor island with a neurosurgeon.  There are some nights where Oahu has no neurosurgeon on call.  And the reform that doctors and the public openly pleaded for, was killed in the House Judiciary Committee. 

 

 While some of these ideas were Republican ideas, some were Democrat ideas or bi-partisan initiatives.  But these good ideas did not make the cut.  Some would say you can always reintroduce these ideas next year.  But what we put off for next year hurts the people of Hawai`i today.  Not only does it hit them in their wallets, it may cost someone’s life or limb, as was the case in an emergency situation in Maui earlier this year.

 

As I reflect on what could have been, I am reminded of the importance of our role as the Minority.  We owe it to the people of Hawai`i to ensure that the public is heard above the overwhelming political opinion of the Majority.  As a legislature, we are responsible for creating public policy that improves the quality of life today, and as one body, we fell short of our duty.

 

Republican Caucus Opposes Cuts to TANF

The House of Representatives Republican Caucus went on the record with the Speaker of the House, Representative Calvin Say, opposing spending cuts proposed for out State’s Temporary Assistance for Needy families (TANF) block grant. 

 

Under a budget plan by the Democrat Majority, the House Finance Committee, from $22 to $27 million in TANF funding would be directed to a reserve account. “These federal dollars could only be used for cash assistance payments to welfare families,” said Representative Lynn Finnegan.  These people want a hand-up not a hand-down,” continued Representative Finnegan

 

“If the cuts occur, a significant percentage of our TANF block would sit idle and DHS would be forced to halt funding for a wide variety of community-based programs that are successful in reducing or preventing family poverty, connecting parents to employment and providing help for at-risk children and youth,” explained Representative Finnegan.

 

It is important to understand that Hawaii maintains on of the largest TANF reserves in the nation.  This is a sharp contrast to about half of the other States, which keep zero or only negligible amounts of TANF dollars in reserve.  These States realize that it is fiscally sound and socially responsible to put the federal money to work right now by supporting programs that help citizens lead better lives.

 

“In the unlikely event that Hawaii’s TANF reserve needs additional funds at some point, DHS can scale back or cancel its community-based programs with just 30 days notice; TANF receipts do not want to receive welfare they want to be self reliant,” concluded Representative Finnegan.

 

We Must Put the “Card Check Bill” in Check

Representative Colleen Meyer discusses the card check House Bill 2974 and the reasons Govenor Lingle should veto the bill.

Here we go again.  Private businesses could find it a lot more difficult to operate in the future if House Bill 2974 becomes law. The Senate has passed House Bill 2974 known as the “Card Check Bill” and it is headed to the Governor’s Office for her signature. Under this bill, workers will no longer be able to determine if they want to be represented by a union through an election process using secret ballots.  The “Card Check” bill will give unions the ability to pick off employees one at a time.  They will intimidate workers into signing individual cards indicating they would like to join a union. Unfortunately, some hardworking employees will sign the petitions, not because they are in favor of a union shop, but because of persistent union requests, peer pressure tactics or simply not wanting to be harassed anymore. When the Union organizers have collected enough signed petitions to equal 50% plus one of the company’s employees, the union will inform the employer that they are the legitimate negotiating entity for the company’s employees and the company will have no recourse.  The “Card Check” bill does not level the playing field, as unions are fond of saying, it gives them the upper-hand. 

 

Under current law, if  30% of employees of a company sign a petition stating they are interested in joining a union, The National Labor Relations Board will arrange for an election and the employers will have time to make their case and listen to the employees’ concerns.  The issue to join a union or not will then be decided by a secret ballot. If a majority of employees vote in favor of union representation, then the company is required to recognize the union as the official negotiating entity.  However, if House Bill 2974 becomes law, the secret ballot goes out the window.

 

The timing for this bill could not be worse.  The cost of living in Hawaii is skyrocketing while our economy is slowing down.  On Thursday, ATA Airlines ceased operations.  This past Monday, Aloha Airlines laid off 1,900 employees, last week Molokai Ranch laid off over 120 employees, NCL is reducing its cruise ship fleet in Hawaii from three ships to one, and even attractions like Sea Life Park have recently laid off employees.

 

This bill sends a strong message to businesses that Hawaii is not a business friendly place. According to the American Legislative Exchange Council (ALEC), Hawaii ranked 45^th out of 50 states in economic outlook and we ranked 50^th out of 50 on the sales tax burden levied on our citizens.  The Alliance for Worker Freedom gave Hawaii an “F” in its 2007 National Report Card. 

 

Instead of passing legislation that will scare off potential businesses, we should look into labor reform, such as Right-to-Work legislation.  Statistically, almost half of the states in the country (22 in total) have Right to Work laws, while only six states have card check laws.  A Right to Work law secures the right of employees to decide for themselves whether or not to join a union individually, not as a collective group. Right to Work laws protect the freedom of private AND public sector employees to keep and hold jobs without being required to pay union dues.

 

2008 is an election year and the Democrats want to “curry favor” with the unions to receive their support in the upcoming contests.  It is also convenient that the Legislature passed this bill early, so when the Governor vetoes this bill, the Democrat super majority will be able to override the Governor’s veto during the regular session and avoid the criticism that often is raised when the Legislature calls a special session.

 

Over the past two decades, union membership has declined nationally, but not so in Hawaii, where 24.7% of our workforce is unionized. That’s the highest percentage in the country.  If you compare Right to Work states with those that have “Card Check” laws, the Right to Work states are outperforming the Card Check states.  According to the U.S. Census Bureau, the states that have the highest percentage increase in Gross Domestic Product over the last few years are states with Right to Work Laws.  Those states that have “Card Check” laws or high union membership do not perform well at all.  Michigan ranked 48^th of 50 and New Jersey was ranked 36^th.  It is a shame that the Majority Party is putting “political points” and union interest before the economic well being of the people of Hawaii.  I urge the voters of Hawaii to contact their state representatives and senators and tell them not to override the Governor’s veto.

 

 

The Electorial College

Representative Colleen Meyer discusses the Electoral College with Representative Gene Ward.
The Electoral College has been serving American politics for more than 200 years. But recently, due to a close election for the U.S. Presidency, some people at both the local and national level have been advocating a change in the way we elect our Presidents.So here we go again! House leadership has again introduced a bill (HB 3013) that will take away the advantage that a small state like Hawaii has over big states. It was introduced by the same person who chairs the Judiciary Committee (Rep. Tommy Waters). It has already passed a second reading with the Republican caucus voting “no,” but it has one more floor vote before it goes over to the Senate and Governor Lingle for signature.

This bill is another misinformed attempt to enable the winner of the presidential election to be determined by national popular vote rather than the Electoral College. The bill adds a new section to Chapter 14, Hawaii Revised Statutes, to enact agreement that allows member states to determine the winner of a presidential election by “national popular vote.” (HB3013 HD1)

Our founding fathers knew better. They understood the nuances of political contests, particularly the importance of small states and the possible tyranny of large states overwhelming national presidential elections. They understood especially how small states could be affected if only the popular voted counted. For example if one voted in Hawaii’s 2004 presidential election, it was a likely vote for John Kerry, but under the proposed new system, your vote would have gone to George W. Bush.
Likewise if someone in Hawaii’s 1988 presidential election voted for Michael Dukakis the vote would have only counted for Bush (Senior), and in Hawaii 1968 presidential election between Hubert Humphrey and Richard Nixon, a vote for Humphrey would have become a vote for Nixon. Is this the kind of ‘kapakahi’ results we want in Hawaii?
The best description in understanding the Electoral College is a sports analogy. In baseball’s World Series, for example, the team that scores the most runs overall is like a candidate who gets the most votes. But to become the World Series champion, it is the team that wins the most games who becomes the winner of the series. So no matter how many runs (votes) you get, you still have to win the most games (state ballots). No one calls the World Series unfair just because the team that got the most runs loses, right? It is all about the games, just like in politics it is all about the states.
Another downside for our nation with a proposed plurality ballot would be that “urban America,” particularly the large states on the east coast (e.g. New York) and west coast (e.g. California) will be the dominant player at the expense of “rural America.” Stated differently, imagine the urban core of Honolulu deciding for the entire state of Hawaii who should be our next governor and you can see how this allows a national advantage of large states and large cities to dominate. I believe the values of farmers and small town Americans are just as important (if not more important) as big city values and voters, so the Electoral College is the best way to filter for these differences.
The current Electoral College strengthens the status of minority groups, because the votes of small minorities within a state may make the difference between winning all of a state’s electoral votes or none of them. It enhances the political stability of the nation by promoting a two-party system that protects that presidency from impassioned but transitory third party movements, and forces the major parties to absorb the interests of small states and minorities; and it maintains the federal system of government and representation. Each state is allocated a number of Electors equal to the number of its U.S. Representatives, plus its two senators, so Hawai`i has four electoral votes. All states have at least three electoral votes, no matter how small they are.
Hawaii needs more tax relief for our over-burdened families, expanding access to quality healthcare while reversing the financial problems plaguing our doctors and hospitals, developing more transitional shelters and affordable housing while fixing potholes, harbors and airports; we do not need some national agenda about a grudge match to distract us from the tasks at hand.
As the smallest state in the nation, it does not seem strategically wise to give up our comparative advantage offered us by the Electoral College. House Bill 3013 HD1 asks us to do this. Last year a similar bill was vetoed by Governor Lingle. The only thing left to say about this bill is: “Mahalo for your veto, Governor, get your pen ready for this year too. for your veto, Governor, get your pen ready for this year too.

Aloha Airlines Crisis Will Test Emergency Powers by Rep. Gene Ward

If the rumors heard at the state capitol are true, then some of my colleges have lost all their sense of reality.  Over the past few days, the media has reported that the Senate will consider offering a bail-out to Aloha Airlines.  Senators from the majority have proposed giving Aloha loan guarantees, waiving their landing fees, and eliminating the excise tax on their jet fuel.  They have called upon the Governor under the guise of an “emergency” to use state funds (or lack thereof) to prop-up this private company. 

            The sad irony of this episode comes from the attention that my majority colleagues are giving this “emergency.”  While the majority intends to subsidize a failing business, they have repeatedly denied that our state has faced homeless crises that have called for real emergency actions.  Why would the majority make such an absurd disclaimer?  Why does a failing business qualify as an emergency, while homelessness does not? 

             The answer is Governor Lingle.  The majority performs these political and intellectual gymnastics because of the phobia known as IFOL, or the Irrational Fear of Lingle.   For the past six-years, the majority in the state legislature has made it a habit of trying to prevent the Governor from taking actions and enacting reforms which would greatly benefit our state.  A specific target of the majority’s ire has been the Governor’s emergency powers, the actions she has taken to handle actual crises that have we have faced.   For example, Governor Lingle used such an action to help the homeless following the abrupt closure of Ala Moana Beach Park-an incident that the majority now denies as an emergency.  Evidently, the majority’s IFOL condition has now led to grand delusions. 

            Because of what she did for the homeless, she has been threatened by a bill to strip her of emergency powers as governor.  Senate Bill 2828 would require the Governor, before taking action in response to a disaster not caused by an enemy attack, to submit a report verifying that the emergency has produced “tangible and measurable harm or damage” as “resulted as a consequence of the disaster and that the disaster relief could not otherwise be achieved through legislation enacted in the next occurring regular session of the legislature or a special session of the legislature.”   Only after jumping through these bureaucratic hoops could Governor Lingle then use her emergency powers to tend to such an event.  If the legislature finds that relieving the disaster can be achieved through legislation, then “the governor shall not execute any action to further provide for disaster relief under this chapter.”  This bill would turn the executive into a reactive office, eliminating its preventative powers, and there are no provisions in this bill allowing for executive actions while emergency legislation is in debate. 

             Senate Bill 2828 literally puts public safety in jeopardy and ties the Governor’s hands to rapidly respond to a crisis without first filing “Findings” or a report to the legislature.  However, this is only the latest IFOL measure that has been heard at the state capitol this session.  A few weeks ago we heard House Bill 2686 which now sits in the Senate.  This bill would also curb the authority of the governor’s state agencies at the expense of legislative power.  It all started in 2005 when the legislature passed Senate Bill 1808 over the Governor’s veto.  This bill prevented Gov. Lingle from enacting administrative rules which would have reformed workers’ compensation laws; laws that are hurting Hawaiian laborers and businesses.   Also in that same year, House Bill 1224 was passed over a veto and took away the Governor’s power to appoint members to the Hawaii Simplified Sales and Use Tax Advisory Council.  The executive is now hindered from making sure that Hawaii complies with the Streamlined Sales and Use Tax Agreement.  Just this past year, the legislature passed, once again over a veto, Senate Bill 1063, changing the procedures for filling vacancies in the State Legislature and U.S. Senate.  The Governor now must select a replacement from a list submitted by the political party of the former incumbent, giving further power to political parties and taking away public accountability, while preventing the replacement from taking place in a timely manner.  Ditto this same process for the University of Hawaii’s Board of Regents selection process. 

            The events of this week with Aloha Airlines filing for Chapter 11 bankruptcy brings all of this into focus. Though for the past six-years it has been the compulsive behavior of the majority to undermine the efforts of the Governor, this week it suddenly appears convenient to pass the buck back to her while wringing their hands about an airline emergency. If the present legislation in this 2008 Session passes taking away her emergency powers, then real emergencies, like the homeless crises, hurricanes, earthquakes, floods-may receive only sluggish, burdensome, and ineffective relief.  But if Aloha Airlines fails after the legislature passes SB 2828 and takes away the Governor’s emergency powers, whose fault will it be? The State Legislature needs to let Governor Lingle do what all previous governors have been allowed to do – govern the state of Hawaii without tying their hands to the legislative branch.              

Gene Ward is Co-Chair of the Small Business Caucus and a member of the Finance Committee in the State House of Representatives

Cost Of Living

In the State of Hawaii, the Republican Caucus and the Lingle-Aiona Administration remains committed to reducing the cost of living for working families and low income residents.  Representative Gene Ward examines with Senator Gordon Trimble the pricing index.  Hawaii Expenditures have risen 87 percent in the last three years.

Governor’s Emergency Powers

 Representatives Kymberly Pine and Gene Ward discuss the “insane” attempt of the Democratic caucus bills introduction to limit Governor Lingle’s emergency power capabilities.

Medical Liability Reform

Republican Representatives Kymberly Pine and Gene Ward discuss the importance of Medical Liability Reform. The Democratic Chair of Judiciary, Rep. Tommy Waters would not hear the bills.

Rep. Pine Addressed Students From Campbell High

Campbell High students held a rally at the Hawaii State Capitol to protest the D.O.E. list that lowered their school’s priory from 7 to 70 for receiving air- conditioning.  Representative Kymberly Pine addressed the students informing them that a computer had determined `Ewa Beach temperatures reach a high of 88 degrees; when in fact the teachers at Campbell have measurement of 99 degrees.   House Bill 1960, a CIP Bill, introduced by Representative Pine in 2007, asked for 12 million dollars to air-condition Campbell High School. 

“Being Homeless Is An Emergency” Says Representative Thielen

On the chamber floor, Representative Kymberly Pine rose in opposition to House Bill 2664.  “This measure handcuffs the Governor’s ability to act in the best interest of Hawaii in the case of an emergency,” said Representative Pine.  

“The Governor has actually taken power away from the legislature in the example of declaring an emergency regarding homelessness not once but twice in the pass year,” said Democratic Leader Representative Kirk Caldwell.  He continued, “What made homelessness an emergency?” 

“This bill would turn the clock on emergency management law in Hawaii back fifty seven years and significantly hamper the governor’s ability to respond to emergencies and disasters,” stated Attorney General Mark J. Bennett in his testimony to the House Committee on finance.  He continued: 

           Sections 127-1 to 127-9, Hawaii Revised Statutes, have been suspended since 1951 and for the last fifty-seven years, virtually all of the Governor’s emergency management powers and capabilitites have been found  primarily in chapter 128, Hawaii Revised Statutes.  This bill effectively  terminates the suspensions, leaves the Governor with two very separate    and distinct chapters for emergency management,  and dangerously hammpers the governor’s ability to respond to emergencies and disasters. 

  “This bill is design in part to contain the abuse that we have seen in the past year of the Governor’s misuse of emergency powers on the issue of emergency powers on the issue of homelessness,” said Representative Caldwell.  “And that is why I’m talking about homelessness,” continued Caldwell. 

 ”I am personally offended by comments that says homelessness is not an emergency, that speaker has a roof over his head, a very nice roof up in Manoa, said Representative Cynthia Thielen, in response to Rep. Caldwell’s remarks.  She continued,   “There were people out there on the street there were people that were  evicted by the Mayor out of the city park.  The Governor stepped forward   and gave those people a temporary shelter calling it the ‘Next Step’ so they didn’t feel so degraded by the experience of being homeless without any place to go.  I’ve been down to the ‘Next Step’ a number of  times.  I saw   the people that came out and volunteered to set that up so  the people would have a place to stay so children wouldn’t be out there without any shelter what so ever.  I saw the people that really cared that  stepped forward in this emergency. Being homeless is an emergency.    That is the most heartless comment I have ever heard in this chamber that homelessness is not an emergency.”  

“Homelessness is an emergency and we have a Governor that recognized that and stepped forward,” Representative Thielen said.  House Bill 2664, introduced by the Democratic Speaker of the House Representative Calvin Say,  impairs the State’s ability to provide immediate assistance when it is necessary and warranted by requiring the Governor to call the Legislature into session to declare an emergency.  Rather than using proactive emergency management procedures that emphasize loss prevention, this measure would turn disaster prevention principles on its head because if there was an hurricane emergency most likely the Representative would not be able to leave report for a special session.  It is absurd to place the State in a reactive position in disasters and emergencies.