“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. 

Medical Liability Reform - Our View

here are a number of bills introduced that attempt to address increasing medical liability insurance premiums, a primary cost driver of health care costs.  House Bill 1992, House Draft 1, the primary bill that the House will move to address this issue, was passed out of the Health committee on January 25^th, and the House referred it to the Consumer Protection and Commerce committee on January 31^st with opposition from Representatives Scott Nishimoto, Blake Oshiro, Karl Rhoads, Scott Saiki, Maile Shimabukuro, and Alex Sonson, all attorneys.

 House Bill 1992, House Draft 1, is modeled on Texas legislation, with a safeguard for catastrophic events, allowing up to $3 million in damages in such cases.  Testimony in the Health committee and in an informational briefing held by the Hawaii Medical Association in December 2007 included such facts as:

·        Texas recently enacted tort reform legislation and their premium rates went down between 8 and 16.4%.

  ·        Texas saw 19 insurers return or enter the market.

·        The State of Hawaii Medical Claims Conciliation Panel (MCCP) reviews all medical malpractice claims filed in Hawaii, and in 2006, found no negligence in 82% of the cases it reviewed.

·        Maui is the only neighbor island with a neurosurgeon.  There are some nights on Oahu where there is no neurosurgeon on-call.

·        In Hilo, there is only one orthopedic surgeon on-call.  In Honolulu, there are two, with a third available one day per week.  There were once 22 orthopedic surgeons at Queen’s Hospital.

 There is hope for this needed reform.  Consumer Protection and Commerce Chair Robert Herkes is amenable to hearing the bill, and moving it for further discussion.  Judiciary Chair Tommy Waters is on record saying he does not want to hear the bill, but public pressure could change his mind.  His number is 586-9450, and his email is repwaters@capitol.hawaii.govBottom line: It works, and we need it.