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Wednesday, May 1, 2013
May 1, 2013 News Read
By Andrew Walden @ 12:02 PM :: 4182 Views

Sen Thielen: School Land Exemptions Remove Fairness, Transparency of Development Deals

Legislators Unanimously Approve Budget

House Approves More Than 100 Bills

Tsunami a Money Spinner for Profitable Non-Profits

Rep. Cynthia Thielen inspires floor amendment extending existing shield law

SB1196 Small Vendors Targeted by DoTax

Foreclosed Homeowners Sue 32 Hawaii Judges

US News Ranks Hawaii High Schools

Forced psychiatric treatment OK'd

SA: A bill designed to streamline the process under which severely mentally ill people can be ordered to get outpatient psychiatric help got final approval from lawmakers Tuesday.

The measure now heads to the governor.

A host of advocates, including those who work with chronically homeless people, supported Senate Bill 310, saying it's meant to help people who can't help themselves.

They also argue the existing involuntary outpatient law is rarely used because it's vague and overly broad....

Severely mentally ill people are "literally dying" on the streets, she said. "My hope is that this will very much facilitate a lot more access to treatment."

The measure got unanimous support from both the full House and the Senate on Tuesday....

Barring a veto by the governor, the law would go into effect Jan. 1....

Grambs said that, most important, SB 310 would allow law enforcement or other authorized parties to transport those who fail to comply with treatment orders to a mental health program in hopes of getting them to comply.

A person who continues to refuse treatment and does not pose a harm to himself or others will be released. But advocates hope that putting the mentally ill through the process will nudge a large number of them to agree to stick to treatment.

Those committed to a hospital for being a danger to themselves or others already can be forced to take medication with a court order.

Advocates say it's difficult to say how many people would fall under the new measure in its first year. Estimates range from the low 20s to the mid-50s.

At least 41 states have involuntary community treatment statutes, according to Mark Mitchell, mental health branch administrator at the state Department of Public Safety.

The proposed changes to Hawaii's law would bring it in line with what other states use, Mitchell has said in testimony.

There was little opposition to the version of the measure approved Tuesday, though the Office of the Public Defender did oppose it, saying it impinged on individual rights.

State Rep. Della Au Belatti, chairwoman of the House Health Committee, said on the House floor Tuesday that SB 310 was the result of a lot of discussion — and compromise — among providers, civil liberties advocates and state officials.

As Explained: Connecticut Shooting: Failure of Mental Health System

read ... Forced psychiatric treatment OK'd

Merchant Marine Union Touts Hawaii's Jones Act Exemption as Cruise Line Safety Solution

Today: The Pride of Hawaii pulls into Kauai's Nawiliwili Harbor early Sunday, May 28, 2006, to dock in Hawaii for the first time in Lihue, Hawaii. The 2,400 passenger ship is the third in a series of U.S.-flagged cruise ships sailing under the NCL America brand. It joins the Pride of Aloha and Pride of America in NCL's fleet....

With one cruise ship problem after the other in the news lately, it's worth asking, who's driving the boat?

Earlier this month, the cruise line waters were roiled by Tom Bethel, president of American Maritime Officers (AMO), the union that represents U.S. merchant marine officers, who suggested that one reason the cruise industry has had so many mishaps lately is the lack of American officers on board.

“None of these recent incidents involved an American-flagged ship and none of these incidents involved an American officer,” he told Steve Doocy of Fox & Friends. “American passengers taking cruises today, I believe, would feel a lot more comfortable and a hell of a lot safer if they knew they had American officers manning the bridge and engine rooms of these vessels.”

read ... Would your cruise have fewer problems if Americans ran it?

Records Disclose Details Of HGEA, State Negotiating Positions

ILind: I was able to obtain a copy of the 39-page arbitration decision, dated April 2, 2013, and it makes interesting, if dense, reading. It begins by reviewing the history of contract negotiations. In this case, nurses had been unable to reach an agreement with the state on contract terms that would have gone into effect on July 1, 2011. And although the two sides agreed to arbitration in March 2011, agreement was reached until September 2012 on the selection of a neutral arbitrator who would also chair the three member arbitration panel. Several days of hearings were held in November 2012.

The arbitrators are required by state law (Section 89-11(f)) to consider a number of specific factors, and their final decision explains how these were taken into account.

LINK: Arbitration Report

read ... Records Disclose Details Of Negotiating Positions

HGEA Unit 13 Rejects Contract Settlement

HGEA: “This was an important and difficult decision for the Unit 13 members, as witnessed by the very close vote. There were many factors that our members had to consider,” HGEA Executive Director Randy Perreira said in a news release. “Ultimately, a greater number of voting members were dissatisfied with the employer proposal and agreed with their negotiating team that proceeding to arbitration is the path to achieving their goals for a fair contract. While our members will not be universally happy with the outcome, I certainly expect that we will all come together and move forward. We will immediately begin the process toward arbitration and will continue to work hard to secure a new contract on behalf of our members.”

read ... No Surprise Here

Shapiro: To dislodge the old guard, young Dems must do battle

Shapiro: City Councilman Stanley Chang, 30, was the first to announce and may soon be followed by Councilman Ikaika Anderson, 35. They hope to emulate 31-year-old Tulsi Gabbard's rise from the Council to Congress.

Younger state legislators such as Sen. Dono­van Dela Cruz and Rep. K. Mark Takai have also floated their names, but the youngsters will likely get a stern test from the older generation.

Former Mayor Mufi Hannemann and former U.S. Rep. Ed Case might try again after losing their last three races for Congress.

It's doubtful either could win a one-on-one Demo­cratic primary against a credible opponent, but anything can happen in a free-for-all with a half-dozen or more candidates.

State Senate President Donna Mercado Kim is another possibility from the old guard.She's among the most talented state and city legislators of her generation in terms of working the levers of power to achieve her aims, and voters could see it as just what our small state needs to have impact in Washington....

In Hawaii politics the old will never gracefully yield power to the young; if the young want their turn, they'll have to take it by force.

read ... To dislodge the old guard, young Dems must do battle

HTA Cheers TAT Hike

ETN: In a statement released by the Hawaii Tourism Authority it's stated they commend the Hawaii State Legislature for passing S.B. 1194, C.D.1. This pivotal bill, which strikes a delicate public policy balance, will make the current transient accommodations tax (TAT) rate of 9.25 percent permanent and provide an additional $14 million in funding to the Hawaii Tourism Authority (HTA). This will aid our efforts to sustain Hawaii's tourism economy.

read ... HTA Cheers TAT Hike

Bill To Allow Phased Review of Archaeological Sites Passes

CB: Sen. Glenn Wakai said critics claim the bill will allow for the bulldozing of historic site, but it isn’t true.

“There are no exemptions,” he said. “We are both reading the same statutes, but obviously having very different interpretations.”

Wakai said the state has an excellent record of preserving the land and protecting historic sites, naming many examples of highways. People in the audience scoffed as he spoke.

Wakai cautioned that further delays due to litigation could end several projects.

“This bill is not about being disrespectful,” he said. “It is about allowing progress to occur.”

Wakai Speech: Senate Bill 1171 Will Help Public Works Projects Move Forward

read ... Bill To Allow Phased Review of Archaeological Sites Passes

Solar Scammers Still Crying Over Lost Tax Cheating Opportunity

AP: As debate ended Friday, lawmakers killed a bill that would have gradually reduced solar energy tax credits. The current tax credit is set at 35 percent, but critics say it is sapping too many government dollars.

"It's one of those really, really frustrating times where there's an opportunity, but it just didn't come together," said Jeff Mikulina of the Blue Planet Foundation, an organization dedicated to ending the use of fossil fuels. The lack of certainty about how lawmakers might change the tax credit next year could discourage investment in the industry, he said.

State Finance Director Kalbert Young said the legislation's failure means administrative rules will go into effect that will decrease tax credits more sharply than the gradual rate proposed in the bill.

read ... Sweet Victory

Hawaii Legislature OKs school readiness program

AP: The final bill sets aside $1.16 million in administrative costs and $6 million in subsidies to help 900 children.

It expands the state's existing Preschool Open Doors program in the Department of Human Services.

Abercrombie originally sought more than twice what was set aside to help thousands of kids who will lose services when the state's junior kindergarten program expires.

The Senate also passed a bill Tuesday for a constitutional amendment to allow the state to fund a full-fledged preschool program. The House planned to debate the proposal later Tuesday.

read ... Vouchers

Hawaii lawmakers approve school land development

AP: The Hawaii Legislature has approved a bill to create a pilot project that allows the state to lease public school lands to raise money for school repairs and maintenance.

Both the House and Senate passed the highly debated measure on Tuesday.

Gov. Neil Abercrombie has been pushing the so-called 21st Century Schools proposal

Sen. Jill Tokuda says the school lands proposal permits just three projects in five years. She says the bill doesn't fast-track development.

read ... Land Developers Celebrate

Hawaii Legislature OKs more gun background checks

AP: The Hawaii Legislature has passed a bill requiring background checks for people who are registering guns that they purchased in other states.

Both the Democratic House and Senate approved the measure Tuesday.

Senate Minority Leader Sam Slom criticized the bill. He says Second Amendment rights can't be compared to the privilege of getting a driver's license....

The Hawaii Rifle Association has supported the proposal, (WRONG) saying criminals do try to register firearms. The gun rights advocacy group effectively shot down every other gun control measure introduced this session.

read ... Hawaii Legislature OKs more gun background checks

Hawaii shield law likely dead as chambers differ

AP: The Senate passed a bill Tuesday that limits the scope of the law and the kinds of journalists who can use it.

The House backtracked from that plan earlier in the day, amending the bill to extend the current law two more years and study the issue. The House plans to vote on its version Thursday.

The Senate ignored the House changes when it passed its version later in the day.

Both chambers have to pass the same version of the law in order for any extension to go through.

read ... Hawaii shield law likely dead as chambers differ

Fruitcake Ing Calls Bus Stop Bill 'Orwellian'

CB: Kaniela Ing said, that while he appreciated the right of public transit users to wait for buses in peace, he said HB 31 seemed almost Orwellian.

But CIndy Evans said the bill will help elderly and disabled passengers who need bench space while the are waiting for their ride.

In the Senate, meanwhile, HB 31 was deferred until Thursday.

read ... Wake Up Bum, Its 1984

Wheel Boot Ban Passes State Legislature

CB: SB 1214 is supported by the local towing industry, which feels threatened by wheel boot businesses. But the owner of Hawaii Boot Removal Services says SB 1214 will put him out of business.

The bill is also a FrankenBill measure, another matter Civil Beat has reported on.

Senate Bill 1214 calls for this: "Prohibits any person or entity or the police from applying a wheel boot to a motor vehicle located on any public or private street, roadway, or highway, or on any public or private property."

Several Republicans complained that the bill would put 13 people out of work. No Democrats spoke.

read ... Wheel Boot Ban Passes State Legislature

Marshallese Still Not Accepted in Hawaii

CB: I am Marshallese and today is the Republic of the Marshall Island’s Independence Day. I am one of the ladies you see with the handmade dresses that looks like a muumuu but not quite. Mine is one of three Pacific Island countries that the United States government signed an international agreement with inviting us to live and work legally in the United States. The other countries are the Federated States of Micronesia and the Republic of Palau. These are all different countries with different languages, cultures and institutions....

But we are working hard to make a home here in Hawaii. It is hard, because many of us, especially those who faced evacuations and the devastating effects of the nuclear tests, came here with nothing but medical conditions and the will to live. Luckily, I attended a church school when I was young, so I learned English from a young age. This has helped my family through the turmoil of moving to a new country, getting a good job and helping my kids with school work.

Like many of the immigrant groups in Hawaii, even those of us who were teachers and principals and government employees in our home country can only get the lowest, most entry level jobs when we get the United States.

Those of us from Marshall Islands, Micronesian and Palau know that we are not yet accepted in Hawaii. We know that some people don’t like our traditional dresses and skirts, call us all “Micros” and think that we don’t know how to fit in. We are trying. We are trying hard to get an education for our kids, get medical care for our elders, and jobs that will allow us to be self-sufficient....

Many of our kids are born and raised here in Hawaii and as a mother and grandmother, I pray every day that our kids will be accepted here and be able to live healthy, productive lives. We are working hard to learn the language and cultures here, please also learn a little about us so that we can all understand and accept each other.

I hear people say sometimes, “why are there so many of them here? Why do they dress like that? Why don’t they just go home?” Many of us have no home left, so we are doing the best we can.

read ... For Marshallese, Hawaii Is The Only Home We Have Left

White's proposed budget $23 million lower than mayor's

MN: Maui County Council Budget and Finance Committee Chairman Mike White is seeking to cut Mayor Alan Arakawa's proposed county budget for next fiscal year by $23 million and is proposing to not raise any real property taxes.

He is considering proposed hikes in water rates and fees, though.

On Monday morning, White presented his proposed budget to committee members, who this week will work together to come up with their own version of the budget for fiscal 2014-2015 that begins July 1. The committee has set an internal deadline of Friday and has reserved Saturday if needed to finish up its version of the budget. The council has a June 10 deadline to pass a budget or the mayor's budget will take effect.

read ... White's proposed budget $23 million lower than mayor's

Hawaii County's Planned Economy

SA: The island's most current general plan was approved in 2005 by the County Council, spawning the creation of community development plans for six districts: North and South Kona, Puna, North Kohala, South Kohala, Ka‘u and Hamakua. To its credit, the county has placed its documents online (www.hawaiicountycdp.info), and are available for public viewing at various stages of completion.

The state's political leadership from all islands should take an interest in this, too, because decisions on state resources and policies must be made in the context of what each island needs.

Among the island's bright spots is the depth of its energy resources. The mix of solar, geothermal and other technologies puts energy self-sufficiency within the grasp of Hawaii island residents, a prize that should be aggressively pursued.

But there are shortcomings, too, and one of the most acute is the inadequacy of medical services. According to a 2011 report that the Hawaii Physician Workforce Assessment Project issued to the Legislature, the Big Island needs 174 more doctors to serve even its current population.

Demographic and socioeconomic conditions there also translate into illnesses that go untreated longer before the overcommitted physicians take on the cases.

read ... Planning key to ease isles’ growth

Sovereignty Activist Gets Jail For Attacking County Workers

HTH: Abel Simeona Lui, the colorful and controversial figure behind recent acts of Hawaiian sovereignty protests and civil disobedience around the island, will spend his 70th birthday in jail Wednesday.

Lui’s one-week jail term stems from a 2010 fracas at Honuapo, or Whittington Park, in Ka‘u. The victim of the harassment, Parks Maintenance Supervisor Dennis Riordan, said Lui threatened him with his fists and shoved him up against his truck after blocking him and his crew from doing their work.

read ... Lui begins weeklong sentence

CONSENT DECREE ON DISPUTED PEPE`EKEO POWER PLANT

EH: The Environmental Protection Agency has entered into a consent decree with the group opposing the operation of a biomass-fueled power plant in Pepe`ekeo, on the Hamakua Coast of the Big Island.

The consent agreement was filed with the Honolulu federal court on March 8. It calls for the EPA to issue a decision responding to the petition of Preserve Pepe`ekeo Health and Environment that was filed in August 2011. The petition asked the EPA to find that the plant’s operation will violate the Clean Air Act and to void the permit to operate issued by the Hawai`i Department of Health.

Under terms of the consent decree, the EPA is to issue a finding on the petition within 30 days – that is, by April 8.

Read the consent decree here: Consent Decree

read ... Environment Hawaii

OSHA cites Halekulani for 17 safety violations

HNN: Halekulani has 15 days to respond formally to OSHA. It can respond by complying, contesting the findings, or meeting with Lemke. Penalties could add up to $49,000, OSHA said.

Halekulani has more than 450 rooms and more than 800 employees. It regularly wins a place on national and international lists of the world's best hotels.

read ... OSHA cites Halekulani for 17 safety violations

Homosexual Rapist Sentenced to Federal Prison

SA: A former nurse at Kwajalein Hospital was sentenced Monday afternoon to two years in federal prison for sexually abusing a drunken (drugged) male Coast Guard sailor on shore leave on the Marshall Island atoll last year.

The two-year term is the sentence to which Dennis Henry, 38, agreed when he pleaded guilty in December in a deal with the government. In exchange the prosecutor dropped a second charge accusing Henry of sexually assaulting the sailor in March 2012 after spiking his beer with Ambien.

read ... Erastes Pill: Ambien

Bill To Treat Partners With STDs Clears House

CB: House Bill 655, which allows doctors to treat the partners of patients with sexually transmitted diseases, has been approved by the Hawaii House of Representatives.

Only Democrat Romy Cachola voted “no.”

As Civil Beat reported, the measure was earlier amended to apply to only heterosexual partners and not homosexuals.

But HB 655 was later amended to include all partners, and that is the version that passes.

The Senate passed HB 655 later Tuesday afternoon, with only Sen. Sam Slom voting no.

read ... Prescribing to Unseen Patient

Abercrombie Teams With Caldwell To Tear Down Waikiki Natatorium

CB: Is a 45-year fight finally over? Hawaii Gov. Neil Abercrombie and Honolulu Mayor Kirk Caldwell say the walls of the Waikiki Natatorium will be torn down.

The two unveiled their plan Tuesday to rip apart the dilapidated World War I memorial and replace it with a new beach and park area.

It’s going to cost $18.4 million, they said, which is a fraction of the $69.4 million alternative to restore the memorial and modernize its amenities, namely the saltwater pool and bleachers that have been off-limits to the public since 1979 due to neglect and safety concerns.

Abercrombie and Caldwell plan to keep the war memorial arches, but they want to move them away from the water, and closer to Kalakaua Avenue.

Related: Borreca: Solving Natatorium issue could be Governor's legacy

read ... Abercrombie Teams With Caldwell To Tear Down Waikiki Natatorium

‘Native’ vs. ‘non-native’ dogma misguides conservation

SA: Swarms of koa moths have invaded more than 30,000 acres of koa forest on Hawaii island. It was recently reported that, for mysterious reasons, the moth is breeding like wildfire, defoliating koa trees throughout the Hilo and Hamakua regions, up to elevations of 3,700 feet.

Forest mortality from the moth can be as high as 35 percent, according to the state Department of Land and Natural Resources.

What is being done about this moth attack? Nothing! The moth is "native," so hands off.

read ... ‘Native’ vs. ‘non-native’ dogma misguides conservation

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