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Wednesday, October 16, 2013
October 16, 2013 News Read
By Andrew Walden @ 8:52 PM :: 4327 Views

Djou: Afghanistan Casualties Teach Nation a Lesson on Shutdown

Bi-Partisan House Group to Hold Sister-Isle Hearings on Gay Marriage Bill

Ewa, Kona, Hilo, Nanakuli, Mililani, Kahului, Lihue: Local Communities Organize Against Gay Marriage

Abercrombie admin and DOE have no answers for same-sex education issues

Two Weeks Late, Health Connector Now Claims to Be "Open for Business"--Directs Users to Crashed Website

Hawaii’s Obamacare exchange re-launches with more glitches

CPA says hype over Obamacare small business tax credit is misleading

UPDATE: Feds Shutdown? Obamacare a Mess? Abercrombie Secretly Vacations in France--Adds 9 Days to Trip

Tsunami evacuation rule established for Hawaiian Islands commercial harbors

World Food Prize Goes to Monsanto, Syngenta

Senators: Abercrombie Should Fill HCDA Vacancies

Supreme Court Asked: Who Owns Geothermal Rights in Hawaii?

Kauai Orders Farmers to Supply EcoTerrorist Target List

KGI: The Kauai County Council has voted to require large agribusinesses operating on the island to disclose pesticide use and the presence of genetically modified crops.

The measured was approved shortly after 3:30 a.m. Wednesday following a marathon meeting that began Tuesday, the Honolulu Star-Advertiser reported.

The council rejected a request by Mayor Bernard Carvalho Jr. to delay the measure to allow discussions with the state on enforcement.

Council Chairman Jay Furfaro said he had spoken to officials from the federal Environmental Protection Agency and had met with state Agriculture Department Chairman Russell Kokubun.

He said the council has worked well on the bill since it was introduced in June.

"For me, there's no logical reason to defer this bill anymore," Furfaro said.

The vote was 6-1, with Councilman Mel Rapozo casting the dissenting vote

WHT: Hawaii Co Council hears more about GMOs

read ... Kauai approves pesticide, modified crop bill

Gay Marriage Vote Hinges on Public Accommodations Law

SA: Several states with gay marriage laws have religious exemptions that apply to public accommodations, a step Hawaii lawmakers drafting a bill for special session are reluctant to take.

A comparison by an analyst for the National Conference of State Legislatures found that eight of the 10 states and the District of Columbia that have same-sex marriage through legislation make specific provisions that exempt religious organizations from having to provide services, accommodations or privileges that are contrary to religious beliefs. Three other states enacted gay marriage through court rulings.

State House and Senate lawmakers are still discussing potential revisions to a gay marriage bill, but the draft released by Gov. Neil Abercrombie last month does not exempt churches and other religious organizations from the state's public accommodations law.

The Legislature in 2006 expanded the public accommodations law to cover sexual orientation, including discrimination based on gender identity or expression. Many lawmakers and gay rights advocates are not interested in interfering with such a hard-won right (just when they have the chance to impose it on churches).

Abercrombie said Tuesday that the vote on the bill in special session could turn on the religious exemption. "If people believe there has been respect shown and legal measures taken to ensure people's religious beliefs will not be abrogated, I believe there will be a very solid vote," the governor told reporters at the state Capitol....

...religious leaders are worried about potentially costly legal challenges from gay rights activists who would likely test the boundaries of the law.

One potential amendment, suggested by Wayne Cord­eiro, founding pastor of New Hope Christian Fellowship, would make it clearer that churches with religious facilities that are not primarily used as for-profit businesses would not have to host gay weddings. The amendment would expand the protection for churches that only hold weddings for members to also include approved guests.  (NOT STRONG ENOUGH.  Since when is ANY church a for profit business?  Why should gay marriage be imposed on BYUH or Polynesian Cultural Center?  And what about individuals?)

The amendment would delete the section in the draft that refers to the public accommodations law. (Progress, but very limited progress.)

That would make the gay marriage bill silent on how it intersects with the public accommodations law, a vagueness that would likely be settled — if resolved at all — by the courts in the event of a legal challenge. It would also put the bill in conflict with the civil unions law, which includes the section relating to public accommodations.  (And the gays have already stacked the bench.)

State Rep. Sharon Har (D, Kapo­lei-Maka­kilo), who opposes gay marriage, said that other states with gay marriage laws included more explicit religious protections. "Hawaii's version of this bill, even with this proposed language, is still way out there in left field," she said. "It does not comport with what the other states have been doing."

Rep. Karl Rhoads (D, Chinatown-Iwilei-Kalihi), chairman of the House Judiciary Committee, which has jurisdiction over the bill, disputed the idea that the Hawaii draft is "some sort of weird outlier."  (Know them by what they deny!)

"The opponents of the bill are underestimating the force and protections offered by the First Amendment and by the state Constitution," Rhoads said. "It won't come up very often, and the people that it's most likely to affect are people who are in the business of marriages, not churches that occasionally have a wedding because someone in their congregation wants to get married.

"It's just not going to come up."  (Really Karl?  Then why write public accommodations and 'for-profit' into the law?  Duh!)

Jack Tweedie, who has taken the lead on same-sex marriage issues at the National Conference of State Legislatures, a bipartisan group based in Denver that serves as a resource for state lawmakers and staff, said there are some advantages for states to use similar language when drafting bills.

"You can use the experience in the other states as part of how you would respond to any legal challenges," Tweedie said by telephone.

The eight with gay marriage laws that have religious exemptions that apply to public accommodations are Connecticut, Maryland, Minnesota, New York, Rhode Island, Vermont, Washington and the District of Columbia. Tweedie notes that the language in the Connecticut statute is similar to several other states'.

Connecticut's law states that religious organizations shall not be required to provide services, accommodations, advantages, facilities, goods or privileges related to marriages that are in violation of their religious beliefs and faith.

read ... The Star Advertiser playing catch up

Star-Adv: Connector has much to prove

SA:  ...considering the setup costs, $205 million in federal grants for building and marketing the exchange, there should have been more beta testing done. Hawaii's taxpayers had a right to expect better performance, and a more timely rollout, with the federal funds already invested.

Although the initial enrollment period lasts for six months, the Connector's window of opportunity to effectively achieve its enrollment goals — signing up 300,000 residents with insurance — is much narrower. The agency has spent its marketing dollars promoting the Oct. 1 start date, and it will be difficult to regenerate that same level of interest.

The public won't be served if they end up with too little time to use this expensive new tool before the new health policies take effect in January.

State lawmakers may need further fact-finding on the Connector, beyond the day-long briefing they hosted last week. The Connector was created in statute as a private nonprofit in 2011, but it still answers to the Legislature. Elected officials certainly should consider further changes to the law to enhance the transparency and responsiveness of the agency, as well as changes to the makeup of the governing board.

Perhaps this state has rested on its health-care laurels for too long. The employer-provided insurance mandated by its Prepaid Health Care Act has covered a relatively high proportion of Hawaii's population. (Are they trying to blame Prepaid for the Obamacare mess?)

SA: Prices, plans appear at last  "Keaau resident Grant Toga­shi, 59, was frustrated Tuesday that he was still unable to find plans or prices on the Connector because his user name and password kept being rejected. He completed an application for financial assistance Oct. 5."

AP: Delaware health exchange gets first enrollee

read ... Set up for Single Payer to Come?

Is 'Open Primary” a 'Severe Burden' on Democrats?

ILind: A federal judge in Honolulu is expected to rule soon on whether Hawaii’s conduct of primary elections and a state constitutional provision protecting the “secrecy of voting and choice of political party affiliation or nonpartisanship” are unconstitutional.

The case, filed by the Democratic Party of Hawaii in June, argues the state’s “open primary” system unconstitutionally infringes on the exclusive right of the party and its members to decide who should be eligible to nominate the county, state and federal candidates who will represent the Democrats in general elections.

If the Democrats prevail, with the 2014 primary election less than 10 months away, it would set off a scramble to establish a new primary system that meets the constitutional test.

read ... Open Primary?

On Way Back from France, Abercrombie stops in D.C. for alleged shutdown talks

HNN: Unlike some other states, Hawaii isn't using state or private funds to reopen national parks and monuments to visitors.

"The state just can't write a check to a federal employee to pay their salary or their benefits. There's questions of liability. What if something goes wrong or somebody doesn't do their job correctly?" said Abercrombie.

The governor plans to return to Hawaii on October 20. His visit was added on to a previously scheduled personal trip to the East Coast.   (East Coast?  He was in France.  Hello?) 

According to his office, there is no cost to taxpayers.  (Translation: The State was already planning to pay for Abercrombie R/T to NYC because of the bogus 'meeting' with lenders that he pretended to hold on his way to France.)

read ... No Cost to taxpayers?

Group wants voters to decide same-sex marriage

WHT: Opponents of same-sex marriage say they want Big Island legislators to allow the voters to decide whether Hawaii will legalize gay marriage, rather than approving a bill in the upcoming special session.

“The people were all given a voice to vote on it in 1998, and we think it’s fair to go back through the same channels,” explained David DeCleene, a former teacher at St. Joseph High School. The East Hawaii resident has worked to organize a coalition of like-minded voters focused on convincing legislators to pursue gay marriage via a constitutional amendment instead of a special session.

“Let’s not do something of such consequence by starting from a dishonest footing. … There is no issue that equals marriage, it’s one of the biggest ones in our entire lives. Marriage stands alone,” he said.

read ... Let the People Decide

Mainland Homosexuals Excited by Louie Ruling

HECO Stymies Solar

SBH News: Another squirrely hearing at the Capitol was held this past Monday before a packed house. Hawaiian Electric (HECO) tried to explain why they suddenly changed their rules on September 6, without much advance notice (1-2 days) trapping thousands of customers and dozens of contractors who were proceeding with PV solar installation as per past rules. HECO said it was "safety;" smarter people understood it was the electric monopoly finding a way to slow growth in Hawaii's fast growing solar off grid alternative. Hawaii leads the Nation with 9-11% PV. Homeowners got caught after signing contracts, borrowing money, paying fees and permits and waiting for savings; solar companies had to order materials, hire extra people and some may go belly up. It is long past due to de-regulate HECO.

read ... SBH News

Ernie Martin Grabs for More Control of Grants-in-Aid

SA: On Oct. 9, the City Council amended the commission's recommendations by adding a number of agencies that had ranked below the cutoff score. Many of the organizations made eligible for funding had previously been excluded by slim margins, one as close as a fraction of a single percentage point.

The Council reduced the funding amounts recommended by the commission and widened the safety net. The Council's action ensures that a greater number of non-profit organizations will be able to address the needs of the people they were established to serve.

In testimony before the Council, several organizations originally recommended for funding agreed with the Council's changes, despite the fact that those changes would reduce their own funding amounts.

read ... Corruption Coming Back Soon

Arakawa says he’ll seek new term as mayor

MN: Mayor Alan Arakawa made it official Tuesday night: He's running for re-election next fall.

And he learned that a major obstacle to that goal has been cleared.

After the mayor made his announcement before more than a hundred supporters in the Lihikai Elementary School cafeteria in Kahului, Council Member Mike Victorino, who had been mulling a challenge to Arakawa, congratulated the mayor and then announced that he was running for re-election himself - for his council seat.

"That's my way of saying, 'Mr. Mayor, thank you. I give you this one, I'll give you this one,' " Victorino said Tuesday evening by phone.

It was a spontaneous announcement, one that he had to inform his supporters of after the gathering.

MN: Panel: Post office probe not in public interest

Related: Maui is again voted best isle in U.S., world

read ... Arakawa for mayor

BOE Gives Charter School Commission Discretion Over Teacher Evaluations

CB: In response to recent confusion over charter schools’ teacher evaluation obligations, the state Board of Education’s human resources committee decided today that the onus is on the charter school commission — not the school board — to establish its own evaluation guidelines.

The vote, made at the HR committee’s meeting this morning, effectively settled the uncertainty

SA: GEAR UP closing achievement gap among isle students

read ... BOE Gives Charter School Commission Discretion Over Teacher Evaluations

DOE Gets Heat for Tardy $25M Request for Classroom Cooling

CB: If it weren’t for the objections of a few school board members on Tuesday, the Hawaii Department of Education wouldn’t have included a request for classroom air-conditioning funds in a state budget proposal that’s due Wednesday.

The proposal will formally seek funding for the 2014 fiscal year and outlines potential adjustments to the state’s 2013-15 budget that lawmakers approved earlier this year. The governor’s finance office requires the proposal by Wednesday so that it has enough time to submit the state’s supplemental budget bill to the Legislature for approval during the next session.

read ... Heat

Hawaii's Public Records: Citizens Are Paying the Price for Disorganized Agencies

CB: Honolulu officials say it will take more than 1,000 hours to track down the requests the city has had for public records since January 2011.

And that, they say, will cost $11,240 to do....

CB: How Much Should You Pay for a Piece of Paper? Costs Vary Widely by Agency

read ... Public Records

Former Barbers Point NAS hit by thefts, vandalism

AP: John Bond says more than 50 utility poles at the former Barbers Point Naval Air Station have been chopped down by thieves seeking scrap metal. Residents say people are stealing manhole covers....

Honolulu Fire Department spokesman Capt. Terry Seelig tells the Honolulu Star-Advertiser that the department has taken 20 calls for rubbish or brush fires in the area this month.

Bond says problems accelerated after the Navy stopped patrolling most of the 3,700-acre former base a year ago.

read ... Navy Times

Feds Grab for Kona Water to be Decided Today?

CB: The National Park Service’s efforts to protect the groundwater supply in North Kona, where thousands of homes are slated for development, could effectively be sidelined for the foreseeable future because the federal government shutdown is preventing employees from addressing the issue.

Park service officials have warned for years that increased development along the western slopes of the Big Island could divert too much fresh water from ancient Hawaiian fishponds, tide pools and coastal areas where native species are dependent on the flow of groundwater.

Those concerns led federal officials to submit a petition to the state water commission last month asking it to designate the Keahuou aquifer system as a groundwater management area. The designation would afford enhanced protection to Native Hawaiian and environmental water uses, and it could slow the pace of development in North Kona, where two dozen residential and commercial development projects are planned.

But state officials have countered the National Park Service’s petition with a motion to delay action on it for at least a year while ongoing studies of the water supply are completed and various state and county agencies are given additional time to weigh in. A vote on the deferral could come as early as October 16 at the water commission’s monthly meeting. The problem is that federal officials are unlikely to be able to respond to the state’s motion because they have been furloughed because of the shutdown.

read ... Illegal Takings

Mandatory Labeling Of Genetically Engineered Foods Deserves A Warning Label Of Its Own

Forbes: Washington State is about to become the latest battleground in a cynical, well-coordinated scare campaign against genetically engineered (GE) foods....

read ... Warning Label

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