Abercrombie Administration Solicits Plans for Seven New Prisons
"If I vote no on SB1 Ewa Beach will be toast." - Rep. Rida Cabanilla
Hickam POW/MIA lab, slow to ID human remains, has time to shoot Bradley Cooper movie
Haseko Proposes Resort Zoning for Ewa Beach Development
UPDATE: Audit of HART Propaganda Machine to be Released in December
Honolulu Council Update: Water Bills, Data, HSAC, and Helmets
Hawaii Congressional Delegation How They Voted November 18, 2013
EEOC: Del Monte Hawaii Settles Thai Farm Workers Case
Honolulu: Window Open for Grants in Aid Proposals
Kailua Makes World News, Tells HTA Stop Promoting Illegal Visitor Lodging
Fitch: Hawaii Insulated from Impact of Federal Cuts
Hawaii Health Exchange Sign Ups Cost Taxpayers $778K each
HR: Taxpayers have spent $200 million to establish the network for the Affordable Care Act in Hawaii - $53 million on just the Hawaii Health Connector web site development and management alone.
However, so far, just 257 individuals have secured healthcare through the exchange.
Some 113 employers submitted applications though the exchange, but have not yet selected plans….
The current cost breakdown is about $778,000 in federal funds for each individual who successfully signed up for healthcare.
read … Hawaii Health Exchange Sign Ups Dismal, Costly to Taxpayers
Low Income People Blocked from Using Hawaii Health Exchange
KHON: It turns out all of the hundreds who are done are only those who are buying without any subsidy or income-based tax credits.
Most of the others, like Eric who likely will qualify for premium cost assistance, are stuck in yet another technical glitch still being resolved. It has to do with how Kolea -- the state's site -- and the Connector share data files. Kolea first has to reject someone from Medicaid before they can go back to the Connector for a subsidized purchase.
KHON2 asked the state CIO: "Today can the Connector and the state system talk to each other, fully functionally, to the point where someone who wants to buy a subsidized plan can actually enroll?"
"Not exactly," Bhagowalia said. "They can't fully do that right now. One is the real-time eligibility, that is Kolea's responsibility. And then there's the real-time exchange of information on the Medicaid-denying file and other things, DHS is providing that information to the Connector. The Connector needs to be able to accept that and put that into their system automatically. That formatting has been agreed to should be working hopefully by January or earlier."
The state side of the process has taken more than 8,100 applications since Oct. 1, many who will get Medicaid. And the state has sent more than 2,000 files to the Connector of people rejected from Medicaid. The Connector is working hard to get those applications unjammed even if it means sometimes manual inputs.
KHON2 asked Andrews: "When will those people with subsidies start being able to close the deal and choose a plan?"
"My understanding is our technology teams are working together to have automatic uploads of that information, but the call center is also available to help provide input on those applications," Andrews said. "We are definitely looking forward to seeing our numbers going up as more folks apply and we are able to get those two technology formats to talk to each other."
read ... What stalled Hawaii's health exchange
McDermott to Appeal Gay Marriage Ruling
HR: Hawaii state Rep. Bob McDermott’s lawsuit to stop gay marriage from becoming law in Hawaii failed in state circuit court, but he and other plaintiffs are filing a motion for reconsideration in preparation for possible appeal.
read ... Appeal
Jackson v Abercrombie: Gays Hold 9th Circuit in Pocket as Insurance
EOT: The Ninth Circuit Court of Appeals has stayed briefing in Jackson v. Abercrombie, a challenge to Hawaii’s former same-sex marriage ban. In a text order, the appeals court noted:
Briefing in these consolidated appeals is stayed pending further order of the court. The court will address all pending motions by separate order.
This move was expected, following Governor Abercrombie’s signing of the marriage equality bill last week.
Yesterday, EqualityOnTrial reported that a Hawaii judge has declined to prevent same-sex marriages from being performed, beginning December 2, while a separate state challenge unfolds.
read ... Ninth Circuit halts briefing in Hawaii federal marriage equality case
Anti-GMO Bill 2491 -- Legal options’ next step
KGI: Maluafiti said the next step for HCIA, a trade association representing the agricultural seed industry in Hawaii, is to begin participating in the Department of Agriculture’s new voluntary program for disclosing the use of Restricted Use Pesticides and implementing buffer zones....
Will it result in the county being taken to court? And if so, who will come out on top?
From the get-go, attorneys representing the island’s biotech companies — including Paul Alston, an representative of Syngenta — have argued the bill is pre-empted by state and federal law.
Alston has assured the county it can expect a lawsuit.
In its recent statement, Dow said it agreed with the Kauai County Attorney’s Office and Mayor Bernard Carvalho Jr. that Ordinance 2491 is legally flawed.
“We are considering all of our legal options,” Dow wrote.
But Katayama said a lawsuit is not being discussed at Kauai Coffee.
“A lawsuit was never contemplated,” he said. “And I believe that is the worst way of settling things.”...
Maluafiti said the companies HCIA represents, as well as their employees, are tired and ready to move forward.
“The companies clearly want to work with the folks, and especially their neighbors, to alleviate their concerns,” she said. “Bill aside, the people of Kauai should put aside their differences and really work with the farmers on the island to find common ground. The Good Neighbor Program allows them to do that. And the companies want to do that.”
read ... Going to Court
Star-Adv: Abercrombie Falling Short on Leadership in GMOs Pesticide Battle
SA: The state must recognize that what’s happened on Kauai — citizens compelling county officials to take action — are fanning the flames for a cogent statewide policy. The Kauai Agricultural Good Neighbor Program, a voluntary pesticide-use reporting program to begin Dec. 1, is a good start, but only a start — it needs to launch with the expectation that “voluntary” will soon not be enough....
kicked into action by Kauai’s Council, the state must now assume a leadership role and work with Kauai and agribusinesses toward better policies on the related, yet distinctly separate issues, of restricted pesticides and GMO crops.
Threats about legal action have been raised repeatedly and loudly. In fact, an attorney for Syngenta already vowed over the weekend: “There will definitely be a lawsuit.” And Carvalho, in explaining his veto, had said he agreed with the intent of Bill 2491 but worried about the measure being “legally flawed” in possibly pre-empting state and federal jurisdiction.
But a group of environmental attorneys countered, saying: “No thoughtful, experienced attorney will offer blanket assurances about how any lawsuit will be decided, and the bill presents some cutting-edge legal issues. But the State expressly granted the County the authority to protect the health, life, and property of its people from just these kinds of threats. … We believe that Bill 2491 is sound, and the mere threat of a lawsuit by industry interests should not prevent the Council from taking action they believe is important to their community.”
Indeed, there is no good public purpose for any legal action at this crucial juncture. Simply, it would be wasteful: in monetary cost; in time better spent; in squandered goodwill that will be difficult, if not impossible, to recover.
Carvalho struck the right note when he told the Kauai Council Saturday: “I am already working to continue discussions with the state on other issues relative to the pesticide law and to strengthen the voluntary program to include memorandums of agreement that will hold all parties accountable.”
The biotech companies have voiced a willingness, even eagerness, to be good neighbors and to allay community fears. Now is their golden opportunity to step up to the accountability plate.
Borreca: Supporters of the Council's regulation law mocked the Abercrombie plan
read ... Neil Falls Short on Leadership
Djou Expected to Announce After Holidays
P: Democrats must grapple with their own primaries in Montana and Hawaii, where former GOP Rep. Charles Djou is likely to announce after the holidays. He will be the underdog but could capitalize if a Democratic feud between incumbent Sen.Brian Schatz, appointed by the governor after Sen. Dan Inouye’s death, and Rep. Colleen Hanabusa, favored by the late senator’s widow — leaves the victor hobbled.
read … Senate?
Cayetano: ‘Quite A Few People Who are Close to Abercrombie’ Ready to Dump Him
HNN: Cayetano said he will oppose Abercrombie's campaign for re-election, even though they are old friends who used to buck the establishment decades ago when they served in the State Senate.
"We would take on the big guys, the unions, big business. He used to be a strong voice for the little guy. He's not now," Cayetano said.
Cayetano is supporting Pearl City-Aiea State Sen. David Ige, who's running against Abercrombie in next year's Democratic primary for governor….
"Nobody should sell David (Ige) short," Cayetano said. "Because if an old friend like me feels like this (about Abercrombie), imagine the people who are not that close to him."
"Quite a few people who are close" to Abercrombie feel the same way, Cayetano said….
"Since he's become governor he's reversed himself on principles he used to fight for. He's no longer champion of the little guy," Cayetano said.
"Twenty years in Congress didn't prepare Neil to be governor," Cayetano said. "He'll say one thing and then he'll do another."
"It was painful for me to do it," Cayetano said about dropping his support for Abercrombie, who he considers a close friend of nearly 40 years. "The stakes are too important for friendship to get in the way." …
"People want change. They aren't happy with what's happening in our state," Ige said. "They see more and more communities divided and they don't think it's good for Hawaii."
read … Nobody Wants Neil
Abercrombie Agriculture Director Leaving to Work for Hanabusa Campaign
CB: Russell Kokubun is stepping down as director of the Hawaii Department of Agriculture, in part to help Colleen Hanabusa with her U.S. Senate campaign, according to sources close to the campaign….
Kokubun has contributed $4,500 to Hanabusa's congressional campaigns, including $2,000 to her Senate race this summer, according to federal campaign finance reports. He also was reimbursed $283 from the campaign for food and drinks at a grassroots event on the Big Island.
The Cabinet-level departure isn't expected until early next year, but it comes at an awkward time for Gov. Neil Abercrombie, who is seeking re-election.
Last December, Abercrombie appointed his lieutenant governor, Brian Schatz, to fill the late Daniel K. Inouye's Senate seat, ignoring the longtime senator's dying wish to have Hanabusa replace him….
as an Abercrombie cabinet member, Kokubun took heat for testifying before the LUC in favor of Hoopili, a large residential and commercial development that includes five schools and space for shops and restaurants. The development is supported by Abercrombie, but was vigorously opposed by environmental groups because it will displace large farm operations.
Kokubun's department has recently been at the center of criticism for failing to be more aggressive in regulating pesticides, particularly on Kauai where the County Council just passed a measure to more strictly regulate pesticides and require biotech companies to disclose information on their use….
read … Stop Neil’s Senate Pick
Duckworth to Campaign for Takai
PR: U.S. Rep. Tammy Duckworth will appear at an event for state Rep. K. Mark Takai's Democratic primary campaign for Congress on Monday at McKinley High School.
read ... Tiger army
Ethics Complaint Remains Outstanding Against Cabanilla
DN: The Campaign Spending Commission has acted, but what about the Ethics Commission? A 2012 financial disclosure form omitting required income figures is still posted on their website with no indication of correction.
Disappeared News first reported starting in March, 2012 on a small sample of posted financial disclosure filings that showed errors or were false. One of the three forms in error was signed and filed by Rep. Rida T.R. Cabanilla Arakawa. See: Financial disclosures the Ethics Commission should have caught (3/1/2012).
Click over to that article to see images of the form with the “Amount” column clearly blank.
Checking in monthly after that, there was no action on these reports by the Ethics Commission. At least, the posted form remained uncorrected. Checking today, it remains uncorrected.
PR: Fine
read ... Cabanilla
Caldwell Admin Uses Ethic Comm to Push Tax Hikes
CB: he Ethics Commission has asked for more money in the coming fiscal year to hire another attorney to help investigate cases and bolster the backlogged agency’s resources.
But a (alleged) current $28 million shortfall combined with a looming $156 million deficit in Fiscal Year 2015 has the administration (sensing opportunity to hike taxes).
“We’ve gone through some really hard times in the city,” Shinn said. “We’re pretty much down to, in a lot of areas, bare bones. Everyone feels that they’re underappreciated.”
All department heads have been given a budget ceiling that they have been told not to exceed unless the expenditures are related to Caldwell’s top priorities, which include transit-oriented development, parks, roads and sewers.
The Ethics Commission obviously does not fall under any of these categories. Shinn told the agency that it must write a memo to justify any increases beyond its $370,000 budgetary ceiling for Fiscal Year 2015, which begins July 1, 2014
read ... Caldwell Admin Defends Budget Tactics Before Ethics Commission
Will “open primary” lawsuit end up damaging the Democratic Party?
ILind: Ironically, a fund appeal from the Democratic Party of Hawaii arrived in our mail the same week the court’s decision was released. The fund appeal encouraged donations in order to fight Republican “voter suppression” tactics, and cited a number of the more familiar instances on the mainland designed to lower voter turnout. It made no mention that this lawsuit was also aimed at shutting many people out of voting in the Democratic primary elections, even dissing those who vote Democratic without ever actually joining the party, accusing them of “political fecklessness” and dismissing them as “lazy Democratic-leaning persons, who don’t want to be bothered with associating properly….”
Bart Dame: I think failure of the lawsuit MIGHT be a benefit, in that it forces party activists to stop waiting for a “deus ex machina” to come down from the sky and rescue us from the real world challenges facing us. Candidates running on the Democratic ballot line win elections. But the Party, qua Party, doesn’t have much influence. We need to strengthen our relations with both our membership base and elected officials. There are no shortcuts. It requires steady, sober work in order to gain influence based upon CREDIBILITY rather than due to our command over the Party’s Rules and disciplinary procedures.
read ... Will “open primary” lawsuit end up damaging the Democratic Party?
Bill 113 shortsighted, bad for farmers
HTH: The result of the Hawaii County Council putting the cart before the barrel is almost $20,000 of taxpayer money being spent for a bill that could financially devastate the island economy, have ill effects on food self-sufficiency, hurt the livelihoods of local farmers and ranchers, and thrust the community backward in environmental stewardship.
Bill 113 will make it illegal to grow GMO crops. Although the bill will exempt current GMO papaya and corn now in cultivation, it will in effect criminalize GMO farmers and make it impossible for them to grow their business and use future biotech tools.
Farmers are not criminals, but the bill intends to strip them of their “right to farm” by creating unfair regulations including forcing GMO farmers to register as part of a new class of farmers, not to mention the added cost to register. This is a divisive mechanism that creates a negative perception of farmers who choose to grow safe, legal and government approved GMO crops.
read ... Bill 113
Learning Hilo — School's In
CB: Hilo, he added, is "a town that seems to want to fade."
The challenge at Connections, a high-poverty K-12 charter school partially housed in downtown Hilo’s 81-year-old Kress Building, is to help make sure that doesn’t happen. It is no easy task. After all, about three-fourths of the school's 359 students are low-income and eligible for free or discounted lunches, and many are from broken homes without positive male role models, according to the principal, John Thatcher.
read ... Learning Hilo — School's In
Lawyer Sues Citizen For Holding Down Escaping Criminal until Police Arrive
HNN: "The guy in the white shirt came out of nowhere and wrapped his arm around his neck and slammed him to the ground and did the same thing ... several times," said Watters.
Times said the man who held the suspect doesn't work for the company but is an off-duty security guard.
Experts contacted by Hawaii News Now gave differing opinions as to whether such restraints are proper.
Hawaii's law on citizens arrest says the amount of force that a person can use cannot exceed the amount of force used by the suspect.
Attorney Myles Breiner said the off-duty security guard's conduct went over the line.
He said the store and customer appear to be unlawfully detaining the suspect, which is a felony.
"At no time was (the suspect) striking the person, who was holding him. He was pleading to be released," Breiner said.
But law enforcement expert Thomas Aiu said the man doing the restraining is careful not to strike the man.
Aiu said it's better to allow the police to handle these kinds of cases since a suspect could be holding a weapon didn't think excessive force was used.
The theft suspect looked like "he's trying to get away ... and is not allowing himself to be subdued," said Aiu.
"In this case, he's acting as a Good Samaritan on behalf of the store and the store is not refusing his help. It's clear the store wants the individual detained," Aiu said.
1993: Al Bundy Sued After Punching Burglar
read ... Soft on Crime
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