State of the State Fails To Endorse Robust Economic Reform
Full Text: State of the State Address
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Caldwell Still Can't Keep His Rail Tax Lies Straight
HNN: ...The city's rail project faces a shortfall of anywhere from $500 to $900 million (Caldwell can't make up his mind about how much to lie about the debt.) and Honolulu Mayor Kirk Caldwell got some serious pushback from state legislators Monday about extending the tax to pay for rail.
Caldwell told state lawmakers' money committees that the city's rail project needs permission from the Legislature to continue Oahu's half-percent excise tax hike forever, instead of ending the tax, as originally scheduled, in 2022.
That's because Caldwell said new rail transit contracts cannot be approved unless there's a guaranteed source of funding. "To get all the contracts out, to get all the work started on all the parts of the system, we need more money and we need it this year," Caldwell said, implying legislators are dumb enough to fall for this line. (Suddenly he cannot finish rail without a tax hike even though he cannot decide how much to lie about the debt.)
Caldwell said the city would need to keep charging a half-percent more in the general excise tax for rail transit over at least 35 years, since construction projects are paid back with 30-year loans. (Caldwell is saying he didn't know this when HART was launched? Based on that statement alone, Caldwell should resign.)
But he got a skeptical response from several lawmakers.
"Can you tell the taxpayers of this state how much more on the hook they're going to be for this project that never had a viable business plan from the very beginning?" asked State Sen. Sam Slom, the Senate's only Republican....
"The fact that you guys did not consider all the delays does not make that plan accurate," said State Senate President Donna Kim, who admonished Caldwell, bringing applause from rail opponents in the audience at a State Capitol auditorium where the House Finance and Senate Ways and Means committees heard from all of Hawaii's mayor's about budget issues.
"I cannot understand how you can stand there before us and say all these things and then ask us to extend the tax into perpetuity," Kim said....
read ... Tax Hike Skeptics
City Blew Chance for GE Tax Hike in 2009
SA: ...Senate President Donna Mercado Kim sharply criticized Caldwell's request because the city in 2009 turned down the state's offer to extend the rail tax in exchange for lending to the state what had already been collected. At the time, she said, rail officials thought the project's construction would go smoothly and that they wouldn't need any more cash.
"You guys didn't even consider that there will be delays," Kim told Caldwell, after he blamed the project's shortfall of up to $910 million on holdups caused by lawsuits against the project. Caldwell did not mention the city's earlier mishandling of notices to proceed on construction contracts, which also caused more than $80 million in delays.
"I cannot understand how you can say all these things before us" and expect the Legislature to allow the city to extend the rail tax in perpetuity, Kim said....
Rep. Sylvia Luke, House Finance Committee chairwoman, pushed Caldwell for more answers on what happens if the lawmakers don't extend the tax and whether construction would halt. Caldwell stopped short of saying that construction on the 20-mile, 21-station elevated rail system would surely halt if the city didn't get that tax extension.
He would say only that the project would be "severely challenged," but didn't specify further....
Caldwell told lawmakers that the project needs the extension now because under the state's procurement laws, HART can't put out the rail system's remaining contracts without showing it will have the available funds.
However, Senate Ways and Means Chairwoman Jill Tokuda (D, Kailua-Kaneohe) asked whether there wasn't some flexibility there. That will depend on the more detailed financial information rail officials can provide, she said after the briefing....
read ... Perpetuity
Dreaming of 0.5%, Maui mayor contemplates rail, envisions more Disneyland than Honolulu
KHON: Maui County Mayor Alan Arakawa says (Woo-hoo I got me some money! How will I blow it?) if such a project is built, it will not be anything like Oahu’s rail system.
What he envisions for the island of Maui is a train on a monorail, or what is commonly referred to as a people mover.
Arakawa is already moving in that direction for the possibility of a rail project.
“We’re acquiring property along the coastline, along the highways, to make sure that in the future if someone wants the rail, we’ll have the property to do the corridors,” he said. (Wow. Just wow.)
Arakawa says officials in the future may want to consider one of two corridors. One would have the rail track run from Kahului Airport to Wailea. The other would have the track run from the airport to Kapalua.
KHON: Maui Residents Organize to Stop Mickey Mouse Rail Scheme
WHT: Kenoi Pushes GE Tax Hike
read ... Mickey Mouse Idea
No Mention of Tax Hikes in Ige Speech
PBN: Hawaii Gov. David Ige set the tone for his administration Monday, challenging state government to change the way it does business while living within its means.
In his first State of the State address, the new Democratic governor promised to pursue as much as $940 million in available federal funds, change the state's tax system, use Oahu's rail mass-transit system as a development opportunity and give more authority to public school principals.
Noting that his preliminary budget maintains state programs at current spending levels, he cited "two sobering realities:"
"First, we have fully committed our current funds to existing programs and services," he said. "Second, we are spending more than we take in."
He made no mention of tax increases. But, while not providing details, he cited a "tax system modernization program" that he said will "better secure tax information and increase tax revenues through its efficiencies." ...
Ige said he is committed to the City and County of Honolulu's rail mass-transit project, but cautioned: "Let's make sure we do things right for the right reasons, including cost containment, before we ask for more money." ...
The governor suggested that he would support public-private partnerships to rescue the state-owned hospitals from their financial ills, "but only if they are shaped in the right way."
Hawaii Pacific Health and the Maui hospitals that are part of the Hawaii Health Systems Corp. are proposing such a partnership, which will require legislation approval.
"No matter our direction, changing how we operate our hospitals to meet changing needs will be key to any long-term solution," Ige said....
read ... No New Taxes
Star-Adv: Ige’s goals show caution to a fault
SA: Ige gives a good overview of the state's problems, but it's all in broad strokes. A plan of attack, one that makes it plain which problem he wants to tackle first, is lacking....
He gave a tentative nod to private partnerships in changing public hospital operations, "but only if they are shaped in the right way." A less timid assessment of this critical issue, and even a few ideas, were needed.
Ige's strongest statement concerned the state Department of Education, repeating a familiar theme during his campaign. Ige talked again about empowering principals and teachers, and enlarging the weighted student formula funds the schools control. And he directed the DOE "to stop issuing mandates from the state office." It would help to know which mandates he means, as some are tethered to federal programs. It remains to be seen how the DOE manages the inevitable cuts to its administrative budget, to allow the funding shift to the schools.
And Ige did make a clear commitment to helping rail "succeed," but was noncommittal on funding other than a general call for "cost containment." ...
he did not mention the progress of the Kakaako redevelopment, and its future prospects...with the nomination of a controversial appointment to head the state Department of Land and Natural Resources, and with rumblings of legislation to eliminate the Land Use Commission, the public needs to hear the governor stake out his position on environmental concerns...the silence around environmentalism in the legislative chamber was deafening.
read ... Ige’s goals show caution to a fault
SB795: Ige’s comments perceived as letting legislators take the lead on hospitals
MN: "Public-private partnerships offer great potential, but only if they are shaped in the right way."
Exactly what the governor meant by "the right way" is unclear, but Keith-Agaran took it to mean that legislators "can take the lead on what to do with the hospitals."
"I think that's good for Maui because our Maui delegation has ideas on what we want to see happen," he said.
Keith-Agaran and fellow Maui County Sens. Rosalyn Baker, who represents South and West Maui, and J. Kalani English, who represents East Maui, Upcountry, Molokai and Lanai, are sponsors of a bill that would allow Hawaii Health System Corp.'s Maui Regional Health Care System to pursue a public-private partnership.
Senate Bill 795 would allow the Maui region to enter into an agreement with a private entity to transition one or more of its facilities, including Maui Memorial Medical Center, Kula Hospital and Lanai Community Hospital, into a new, private Hawaii nonprofit corporation.
The bill, which is supported by Big Island Sen. Josh Green and Oahu Sen. William Espero, passed first reading Monday.
read ... Lead?
Ige stands by DLNR chair nomination despite strong opposition
KHON: “I like Carleton’s heart. I know he understands. If he was fortunate enough to get confirmed by the Senate, that he understands that he works for the people of Hawaii. He’s a great leader, a good business mind. We’ve had other directors at DLNR who came from the business sector who did a great job there, Bill Paty, Tim Johns, amongst others. I’m confident he’s the right person for the job,” he said.
“I trust my former colleagues will do their job in fairly listening to the information provided, I’m certain that they’ll give Carleton a fair hearing, and he’ll have the opportunity to talk about why he wants to commit to public service and serve the people of Hawaii,” Ige added.
read ... Ige stands by DLNR chair nomination despite strong opposition
NextEra Merger: Is Ige Asking Iwase to Violate Law?
IM: Governor Ige mentioned the proposal by HEI to sell the HECO Companies to NextEra Energy.
“as discussions with NextEra proceed, I am asking Randy Iwase, the new head of the Public Utilities Commission, to be actively involved in those talks.”
The statement can be interpreted in a number of ways. At one end of the spectrum, as one of three Commissioners on the Public Utilities Commission, Randy Iwase will, along with the other two Commissioners, serve as unbiased decision-makers in determining whether to approve or reject the merger proposal.
At the other end of the spectrum, Randy Iwase will violate ex parte rules and secretly meet with the buyer and seller outside of the presence of other Commissioners and intervening parties and will be directly involved in negotiating merger conditions that will benefit ratepayers.
Or somewhere in between, whatever that means.
read ... What was Governor Ige’s Energy Message?
Ige Appoints Kim to Be Special Adviser to the Governor
CB: The governor had picked her to head the Department of Labor and Industrial Relations but had to withdraw the nomination due to residency restrictions.
read ... Kim
Hawaii Lawmakers Intent on Making Police More Accountable
CB: State Sen. Laura Thielen has introduced a bill to end a stifling policy state lawmakers approved 20 years ago to allow police to keep secret the names of officers suspended for misconduct....
Senate Public Safety chairman Espero has introduced a bill he thinks will help move all Hawaii law enforcement agencies into the current century.
The bill calls for a new statewide police standards board to set minimum training requirements and certify all of Hawaii’s law enforcement officers, including county police, harbor police and state sheriffs. The board would be empowered to revoke an officer’s certification for serious misconduct....
Currently, county mayors are prohibited by charter from firing police chiefs, but a bill introduced by Espero this year would give the mayors the authority to get rid of a bad police chief....
Thielen has introduced a bill to strengthen county police commissions by changing their makeup. Currently, police commissioners are not required to have specific expertise. Thielen says without specific knowledge to review police matters, the commissions can end up heavily reliant on police departments for direction and information....
Thielen also has a bill to make it easier for an abused family member or witness to domestic violence to get a police commission to launch an administrative investigation. Currently, a victim or a witness in a domestic violence case is required to submit their complaint in written form, sign it and have it notarized....
read ... Accountable
SB715: Orders 100% 'Renewable' Energy
PBN: The current Hawaii Clean Energy Initiative has a goal of 40 percent renewable by 2030.
Gabbard, D-Kapolei-Makakilo-Ewa, chairman of the Senate Committee on Energy and Environment, has introduced Senate Bill 715, which sets the new target. It is among several proposals to change the current goal. Hawaiian Electric Co.'s energy plan, which it submitted to Hawaii regulators last year, set a goal of 65 percent renewable by 2030....
read ... Define 'Renewable'
Pro-Life Rally at Hawaii Capitol
CS: From Alaska to Hawaii and dozens of locations in between, pro-life advocates participated in marches, rallies and prayer services marking the Jan. 22 anniversary of the U.S. Supreme Court's Roe v. Wade decision that legalized abortion virtually on demand.
On Jan. 24, people gathered for an interdenominational prayer service in Anchorage, Alaska, and nearly 3,000 miles away people took part in a March for Life rally at Hawaii's state capitol in Honolulu that featured musicians and keynote speakers.
read ... Pro-Life
Nursing Grievances is Bad for your Health
CB: Native Hawaiians have not been the only ones to suffer in Hawaii, however. Asian immigrants later experienced their share of racism and social exclusion. Most of Hawaii’s Asian immigrants and their descendants were only able to improve their circumstances over the course of half a century.
Why is this past suffering relevant? It is relevant because in many cases its effects are still with us today; they linger in the form of the relatively low socio-economic status of many Native Hawaiians, for example.
Past injustices are not only relevant for their direct economic, social and political effects, however. They are also relevant, in my view, because their effects linger in the form of resentment. Even some of the offspring of the purported perpetrators of past injustices seem to feel resentment; whether justified or not, they may feel unfairly accused....
That’s why I would like to propose that Hawaii establish a “Truth and Reconciliation Commission” led by unifying figures and representative of all the people of Hawaii. Much as was done in South Africa and is being done in Canada, the purpose of this commission would be to unearth the truth, but to do so in such a way that there can be space for reconciliation, and perhaps even forgiveness.
This is not a New Age pipe dream. Reconciliation could have many tangible – and perhaps even immediate – benefits. It might lead to greater cohesion in our community, which in turn could enable us to solve practical problems such as the lack of affordable housing, limited economic opportunities and transportation gridlock.
read ... Health Damages
Judge Orders City to Pay $750K to Victims of Mufi Hannemann
ILind: The city has been ordered to pay just over $750,000 in damages to two stagehands who were arbitrarily banned for life from working on shows in city facilities after a 2007 run-in with then-Honolulu Mayor Mufi Hannemann’s brother.
The incident happened during a rehearsal for a benefit concert at Blaisdell Center in which a performance by the mayor was to be featured.
In a decision issued on October 15, 2014 by Judge Karen Nakasone, Eric Minton was awarded $556,156 on his claim of “tortious interference with prospective business advantage.” Richard Stanley was awarded $194,483 for his similar claim. Minton was crew chief with decades of experience, while Minton is a sound engineer who was working the concert. Both men were union members hired by the show’s organizers.
The city is now appealing the judgment.
The men alleged they had been wrongfully targeted after Mayor Hannemann called a meeting with top Blaisdell managers to discuss the incident.
The case, originally filed in 2007, has been dragging through the courts for years. The case was originally decided in favor of the city, a decision which was affirmed by the Intermediate Court of Appeals. But the Hawaii Supreme Court reversed those initial decisions and, in a scathing decision issued in December 2013, ruled in the plaintiffs’ favor....
Judge Nakasone was a 2008 Pacific Century Fellow, prior to her appointment to the Circuit Court by then-Gov. Abercrombie in 2011, according to her profile on the Judiciary website. Mufi Hannemann was founder of the Pacific Century Fellows program and serves as its chairman.
read ... Retaliation Costs Taxpayers
What ever happened to the “Wonder Blunder” criminal charges?
ILind: ...the other defendant, Marc Hubbard, appears to be where the action is. Hubbard’s trial has been postponed six times, and is currently scheduled to get underway on August 26, 2015. Requests by Hubbard’s attorney, William Harrison, to move his trial to another court due to the extensive pretrial publicity of the Wonder Blunder in Hawaii, were denied.
Hubbard remains free after agreeing to put up a security mortgage on property located at 3500 E. Independence Boulevard, Charlotte, North Carolina 28205, owned by Jbez Consolidated Holdings Inc., despite a complicated legal situation surrounding title to the property, according to federal court records.
A December 2014 article in the Charlotte Observer profiles Hubbard’s various troubles, which extend beyond the Wonder Blunder case (“Veteran club operator, concert promoter unfazed by legal troubles“)....
read ... What ever happened to the “Wonder Blunder” criminal charges?
Smoke: Anti-GMO Activists Aim for Ban on Imu Cooking
KE: ...Gary also takes his case for his badly flawed anti-burning bill to TGI's editorial pages with an opinion piece titled: Smoke — hyperbole, reality and politics. Gary, who led the fear frenzy of Bill 2491, knows all about hyperbole and politics, but his editorial shows he still has a poor grasp of reality.
He claims: Bill #2573 does not and will not ban life as we know it on Kauai. Bill #2573 does not ban backyard barbecues, smoke meat, cooking in imu, or the roasting of marshmallows on an open fire. Nor does it ban spray painting, torch lighting, weed poisons, smoking of cigarettes, body odor, the wearing of excess perfume, fireplaces or the burning of wood, charcoal or gas.
However, given the language of his bill, it most certainly can be used to ban “backyard barbecue’s, smoke meat, cooking in imu, or the roasting of marshmallows on an open fire,” as well as “torch lightings, fireplaces or the burning of wood, charcoal or gas.” It could even be used to ban cigarettes.
Here is the wording:
It is declared to be a public nuisance and unlawful for any person, firm, or corporation in the County of Kauai to intentionally, knowingly, or recklessly cause, permit, or allow to escape into the open air, smoke, soot, poisonous gases, dirt, dust or debris of any kind from any smokestack, chimney, flue, or incinerator, or any opening of any building, or from any smoldering or open fires under the person's, firm's, or corporation's charge or control, in such a manner or in such a place as to cause injury to the health of persons or damage to the property.
Gary himself has said if a person gets a notice from a doctor saying that smoke from any fire is harming their health, they can use it to push enforcement of the law. And as Prosecutor Justin Kollar pointed out in his testimony against the bill, it's pretty easy to get a doctor to write a letter saying whatever you want....
read ... Musings: Hooser's Conflicting Roles
Gabbard: No Electric Stall? Fine $20,000
PBN: That's why he has introduced Senate Bill 99, which would add penalties for not complying with the law, Act 89, which requires the charging stations for EVs and was passed about three years ago.
Gabbard's bill proposes that, starting Jan. 1, 2016, the businesses that do not have at least one parking stall with an EV charging station be fined $1,000 for the first violation, $5,000 for the second violation, $10,000 for the third violation and $20,000 for the fourth violation and any subsequent violation.
read ... Fine $20,000
UH Billed $500 After B-Ball Players Smoke Weed in Non-Smoking Hotel Rooms
SA: The University of Hawaii said it is looking into an allegation that marijuana smoke in Riverside, Calif., rooms assigned to members of its men's basketball team was the cause of $500 in cleaning fees billed to the athletic department.
Athletic director Ben Jay said, "I've been apprised of an incident in the hotel but I can't comment further."
The doped up Rainbow Warriors played a road game at UC Riverside on Jan. 17, losing to the Highlanders, 66-62.
A smoke alarm in a non-smoking room is said to have alerted security staff to one incident. A manager at the Riverside Marriott Convention Center declined comment.
The Marriott website lists a "room recovery fee for guests who do not comply in order to cover the extensive cost of restoring guest rooms to a smoke-free condition." UH said the fee is $250 per room.
read ... Dopey Players
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