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Thursday, July 26, 2018
July 26, 2018 News Read
By Andrew Walden @ 4:52 PM :: 866 Views

Free Hawaii: Who to Vote for in OHA Elections

Hawaii Rifle Association Releases Candidate Survey Results

HPU Anti-Divestment Vote: Victory over 'Outrage Culture'

Ige: I Signed Endangered Species Letter, but I didn't Really Mean it    

Act 56: Murky Law Could Give Governor Broad New Powers

CB: … Act 56 changes the way state agencies can adopt administrative rules by creating a new class of emergency rules. Previously, agencies could adopt emergency rules only if there was an imminent threat to the public health or safety. Now, in some cases, agencies can adopt emergency rules to do things like stabilize an industry if a court decision disrupted that industry.

Some, including a former Hawaii Supreme Court justice, say the new law merely allows the administrative agencies to continue to function if a court decision disrupted their operations.

“On the surface, I don’t see a nefarious agenda,” said Steven Levinson, who served on the Hawaii Supreme Court from 1992 to 2002.

But others say the law could be used to sidestep major court decisions that delay controversial projects because of government agency missteps. These include, for example, an agency’s failure to follow administrative rules when granting permits.

Ron Levin, an administrative law professor at Washington University in St. Louis, said it’s “totally extravagant” to expand emergency rulemaking authority so broadly.

Levin said it’s possible the executive could use the expanded emergency power to skirt court decisions.

“It’s a valid concern,” he said….

State Rep. Aaron Johanson said he sponsored the bill for Act 56 to give state agencies comprehensive options to address fallout from Janus, even if the Legislature couldn’t immediately amend laws in response to the decision. The bill had the support of organizations like the union that represents University of Hawaii faculty….

read … This Murky Law Could Give The Governor Broad New Powers    

Lloyd's Failing Hawaii Policyholders After Volcano, Suit Says

Law360: …Lloyd’s of London has been missing in action after the historic eruption of Hawaii’s Kilauea volcano destroyed hundreds of homes, failing to dispatch a single claims adjuster and leaving policyholders utterly in the dark about the status of their claims, according to a suit filed Tuesday.

Philip and Lanell Haysmer's “dream home” burned down on May 2 in Kilauea’s devastating eruption, which is still ongoing. The couple submitted a claim with Lloyd’s later that same month under their homeowners' policy, but haven’t received any substantive information….

read … Law360

Taxing the Tax: GE Tax Imposed on bag tax

SA: …Question: Are stores supposed to charge tax on the bags? Some stores are charging me 15 cents, and some are charging me 16 cents. What’s up?

Answer: The new mandatory charge on Oahu for a bag to transport groceries or other merchandise (with some exceptions) is subject to general excise tax (GET) like other retail purchases. In this case, the purchase is a bag to carry other purchases. The minimum price per bag is 15 cents, but businesses may charge more if they wish, plus tax.

The GET is a tax on businesses, which are required to pay it. They may pass the cost on to customers, but are not required to do so. Several readers said they’ve been taxed inconsistently. Some businesses may be failing to collect GET as required…

Deborah Kwan, a spokeswoman for the Hawaii Department of Taxation, provides more information:

“From the Tax Department’s standpoint, the 15-cent charge for bags on Oahu is treated as part of a businesses’ taxable gross receipts subject to the 4 percent general excise tax and the half-percent county surcharge for the City and County of Honolulu, for a total of 4.5 percent. The 15 cents for a bag is not a tax or fee to be paid to the state or county….

Big Q: How are you coping with Oahu’s 15-cent shopping bag fee?

read … Inconsistent bag prices may reflect tax confusion

Talk of Rerouting Rail Really About UH Manoa Extension

HNN: …As far as going to Ala Moana, the train has already left the station. The environmental studies, property acquisition, planning and federal approvals make changing the route now impractical, costly and way too slow.

On the other hand, in the future it probably does make more sense to have a second line from downtown to Manoa, rather than just extending the line from Ala Moana to UH….

Related: Caldwell: Global Warming is a Red Herring if it Interferes with Rail

read … Local Connection: Rerouting the Rail (again?)

Stupid Socialists Release Video for Joke Candidate Kaniela Ing

SA: The producers of a viral video that helped the congressional campaign of New York City’s Alexandria Ocasio-Cortez released a campaign video today for Hawaii state Rep. Kaniela Ing who is vying for the U.S. House seat representing urban Oahu.

The ad was produced by filmmakers Naomi Burton and Chris Hayes who started Means of Production.

The ad for Ing touches on progressive themes that he has emphasized throughout his congressional campaign, while recounting his childhood story (key word: ‘story’) of working in the pineapple fields to help support his family after his father passed away when Ing was 11 years old. …

read … Producers of viral Alexandria Ocasio-Cortez ad release campaign video for Hawaii’s Kaniela Ing

Former Maui police captain pleads guilty to sex assault

HNN: …Previously pleading not guilty, Capt. Stephen Orikasa faced a judge to change his plea to guilty after he sexually assaulted a woman in August 2017.

He resigned from his position earlier this month following the allegations that he groped a female sergeant under his supervision.

He was charged with fourth degree sexual assault, which is a misdemeanor crime. …

read … Former Maui police captain changes plea on sex assault charge

Big Island Bus Thief Gets Five Years More than Cop Killer Got

KHON:  …Kawelo Nakamura was sentenced to five years in prison, and must also pay $17,000 in fines.

In August 2017, Nakamura stole a bus from Hawaii County's mass transit base yard and sideswiped a vehicle.

He was placed on supervised release when he stole another bus.

The county eventually hired a security guard for the base yard….

read … Embarrass the Government

Soft on Crime: Plea Deal Means Dude who Drove Car into Ewa Beach Crowd will be Out by Christmas

KHON:  Morton will be sentenced on Oct. 10. By then, he will only have to serve two more months in prison….

Malik Morton, who drove into a crowd of people leaving two people hospitalized, reached a plea deal today that reduced his attempted murder charges to assault.

It's been two years since a vehicle hit a group of people at an Ewa Beach party. Morton was initially charged with first-degree attempted murder and faced a life sentence. With this plea deal, he'll only serve only 18 months.

Under the plea deal, Morton agreed to plead guilty to one count of assault in the first degree, one count of attempted assault in the first degree, and one count of terroristic threatening….

After we prepared for trial, we discovered that the police withheld certain information that should have been in the investigation," said Breiner….

Alisha Brown had previously been placed in a coma for two months after she got hit by Morton's car.  (Which is the same amount of time Morton will serve after sentencing.)

read … Soft on Crime

Political Signs Must Include Disclaimers Starting Aug. 20

CB: …The state Campaign Spending Commission voted unanimously Wednesday to require advertisement disclaimers be included on all campaign committees’ signs and banners, effective Aug. 20.

The decision comes after Gov. David Ige vetoed Senate Bill 2992, which would have exempted political signs and banners from having to note who paid for them.

Hawaii law states that “any advertisement that is broadcast, televised, circulated, published, distributed or otherwise communicated, including by electronic means,” must identify the person who paid for and authorized the advertisement.

The commission did not enforce the requirement, however during the 2018 legislative session after SB 2992 was introduced….

read … Political Signs Must Include Disclaimers Starting Aug. 20

Poll: Should all tobacco products be banned on Kauai?

KGI:   45% say ‘Yes’, LOL 

(Marijuana will soon be mandatory)

read … Poll Results

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