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Tuesday, March 6, 2018
March 6, 2018 News Read
By Andrew Walden @ 6:37 PM :: 3561 Views

Crabbe: Who is the Auditor to Judge ME?

Sam King II and Keli'i Akina: OHA Audit Works for Betterment of Hawaiian People

Full Text: Assisted Suicide 16 Floor Amendments

Report: Failing DoE Holds Back Hawaii's Progress Towards Eco-Socialism

Effort to Digitize Records Stopped Cold by Outdated State Computers--But Still Cuts Wait Time for Workers’ Comp Hearings in Half

2018’s Best & Worst States for Women -- Hawaii 7th

How They Voted: Assisted Suicide Passes House 39-12

CB:  … the Hawaii House voted 39-12 Tuesday in favor of legalizing medical aid in dying for terminally ill adults.

Reps. Henry Aquino, Romy Cachola, Isaac Choy, Ty Cullen, Sharon Har, Aaron Ling Johanson, Sam Kong, Bob McDermott, Sean Quinlan, Justin Woodson, Andria Tupola and Gene Ward voted against House Bill 2739

It marked the first time the 51-member chamber had taken a final vote on the issue since 2002, when the so-called Death with Dignity bill went on to die in the Senate by three votes. The measure is also referred to as physician-assisted suicide ….

HNN: House approves controversial medical aid-in-dying bill, sending it to Senate

SA: Medically assisted death bill passes key hurdle in state Legislature

read … How They Voted  

Federal investigators find widespread bullying in Hawaii public schools

HNN: …Nearly 1 in 3 Hawaii public school students said they've been the victims of bullying or harassment, according to a survey conducted as part of a years-long federal compliance review of the state Education Department's handling of bullying and harassment complaints.

The review found a system — the 10th-largest in the United States — struggling to handle bullying and harassment on campus and failing to take steps to protect victims or follow up. It also found tens of thousands of students were victimized again after reporting an incident of bullying or harassment.

The statewide bullying survey, conducted during the 2014-15 school year, included nearly 70,000 Hawaii students. It found:

  • Nearly 40 percent of students said incidents of bullying they'd experienced or witnessed made them feel unsafe at school.
  • The majority of students who reported being bullied at school said that they were harassed based on race, national origin, sex or because of a disability.   
  • More than half of bullying incidents were reported to a teacher or other school employee. Schools took no action to stop the bullying in 15 percent of cases.
  • And over half of students who said they reported bullying or harassment were victimized again after the initial incident.

Related:

read … Federal investigators find widespread bullying in Hawaii public schools

HB2403: Loot Rail Fund to Line HDoT Pockets

CB: …House Bill 2403, state leaders aim to take about $500,000 a year through 2030 from the Mass Transit Fund, which was set up last year as part of the state’s $2.4 billion bailout plan to manage rail revenues, and give it to the Hawaii Department of Transportation instead.

The money would cover DOT’s own rail-related duties — federal law requires the state agency to monitor safety along the rail project. However, the federal dollars that have helped support that effort thus far have expired and DOT says there’s no guarantee it’ll get more….

Reality: Feds: $540M in Highway Funds can be spent on Rail

read … State May Divert $500,000 A Year To Cover Its Own Rail Project Costs

HB2601: Rental Cat Slush fund for HDoT

MN: “It started out as something that was desperately needed for Lahaina and Paia, and now it’s turned into a monster,” West Maui Rep. Angus McKelvey said Monday.

House Bill 2601 originally called for adding a $4.50 daily surcharge to rental car taxes at the Kahului Airport, with the money to go toward the Lahaina and Paia bypasses. The bill underwent changes in the Transportation Committee before passing through the Finance Committee in February. It passed on third reading in the House Friday and is headed for the Senate.

The bill now calls for creating a to-be-determined daily rental car fee, with the money going into the state highway fund to pay for “highway capital projects that addresses various capacity issues statewide.” McKelvey said the state Department of Transportation has made it clear that its priority projects are on Oahu.

(Better idea: Lets make HDoT spend all the federal money it has failed to use for so many years.)

“There’s no guarantee anymore that Maui County rental car money will stay in Maui County for these two critical projects,” McKelvey said.

McKelvey, however, ended up voting for the measure. He said he was sick and admitted he hadn’t read the changes closely until the vote was being taken…

(What a pathetic excuse….)

read … Pathetic

SCR33: Hawaii Legislature Joins Koch Brothers to Gut US Constitution

IM: …Should a federal constitutional convention be held to overturn Citizens United, whereby unlimited funds can flow into political campaigns?

Hawai`i Senate Concurrent Resolution 33 (SCR33) will be heard by the Senate Committee on Public Safety, Intergovernmental, And Military Affairs on March 8, 2018.

“BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that this body urges and applies to Congress under the provisions of Article V of the Constitution of the United States for the calling of a convention of the states, limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government.”

Common Cause Hawaii notes that the idea that a convention could be limited to one idea is a theory, not a fact. It not clear how delegates would be selected and how issues would be selected. The convention could propose replacing the entire constitution and bill of rights. (Common Cause Fact Sheet)

Over 200 organizations signed a petition in opposition to the calling of a new constitutional convention under Article V of the U.S. Constitution is a threat to every American’s constitutional rights and civil liberties.

The organizations include the American Federation of Labor and Congress of Industrial Organizations (AFL–CIO), Center for Media and Democracy, Daily Kos, Earthjustice, EMILY’s List, Greenpeace USA, NAACP, Sierra Club, Americans for Democratic Action Hawaii, Hawaii Alliance for Progressive Action, Hawaii Appleseed Center for Law & Economic Justice, Hawaii Government Employees Association, Common Cause Hawaii, League of Women Voters of Hawaii, League of Women Voters of Honolulu, League of Women Voters Hawaii Island, and Life of the Land.

Alan Burdick asserted, “It appears that "The Wolf Pack" branch of "The Young Turks" is back again this year, pushing their wrong-headed proposal, right in line with the Koch Brothers, to call for a Federal Constitutional Convention pursuant to Article V of the US Constitution for the asserted purpose to "fix" the problem of Citizens United.”…

As Explained: Legislators Vote to Abolish ERS, End Free Speech for Star-Advertiser

read … Hawaii Considering Proposal to Re-Write US Constitution

Running out of Time to Snag Fat Juicy Tax Credits, Hu Honua Biomess Plant Tries New Trick to Avoid Environmental Review

HTH: Hu Honua Bioenergy will be back before the Windward Planning Commission next month.

At issue is a shoreline storm water outfall that the $250 million power plant being built at a former sugar mill site near Pepeekeo was planning to use as a discharge point.

Hawaii County didn’t require it to do an environmental review for the outfall, a decision the state Intermediate Court of Appeals overturned in January, prompting its remand to the planning commission.

But Hu Honua now argues that issue is moot because it plans to use an injection well rather than the outfall.

The matter will be on the commission’s April 5 agenda, according to the Planning Department, along with a public hearing on noise levels…..

A separate lawsuit from Claudia Rohr of Hilo seeks an environmental review of the full project. That suit, which names the county as the defendant, is pending in Hilo Circuit Court.

Hu Honua has until Oct. 4 to finish construction in order to comply with its SMA permit, unless an extension is granted. Darrow said it hasn’t applied for one yet. Construction restarted last year following a new agreement with HELCO.

The project also needs to be complete by the end of the year to receive federal tax credits Hu Honua officials say are crucial (the whole point of the project).

Meanwhile, the state Legislature is considering a bill that would allow biomass energy facilities to receive state tax credits through Hawaii’s enterprise zone program.

The bill, introduced by Rep. Mark Nakashima, is up for a floor vote in the House.

Businesses that qualify for the program receive an exemption on the state’s general excise tax for seven years, plus other incentives…..

HB584: Text, Status

read … Hu Honua says outfall issue now moot

Free-Floating Anxiety Grips Senate—Vote on Styrofoam Ban

HNN:  …There have been repeated efforts over the years to ban what is more commonly known as Styrofoam containers, and several attempts to address the issue with county initiatives as well.

Senate Bill 2498 has already passed the Senate Commerce, Consumer Protection, and Health Committee and heads next to a full Senate vote.

The bill would prohibit restaurants and other vendors from selling or using polystyrene foam containers for serving food statewide starting in January 2019.

It would also authorize the Department of Health to require vendors to explain proper disposal of non-reusable food containers to customers.

The measure has strong support from the Surfrider Foundation, Sustainable Coastlines, the Sierra Club, and the Hawaii Wildlife Fund….

The Hawaii Food Industry Association, American Chemistry Council, Hawaii Restaurant Association, Hawaii Food Industry Association, and the Chamber of Commerce of Hawaii all oppose the bill.

In written testimony, many pointed to the fact that biodegradable products cost 30 percent more than polystyrene products and the increase in costs could force the closure of small businesses.

A Styrofoam container ban is already in place for Maui County and will take effect at the end of this year. Hawaii County has a similar initiative that will roll out in July 2019. The Honolulu City Council is also considering a ban on foam containers….

SB2498: Text, Status

read … Free Floating Anxiety

Uber Driver With Video Camera Shuts Down HGEA Harassment

SA: An Uber and Lyft driver’s treatment (videotaping) of city inspectors of ride-hailing cars has prompted the city’s director of Customer Service to send an email asserting that harassment by drivers won’t be tolerated.

(Translation: Harassment is a one-way street.  Retaliation is next.)

The city Department of Motor Vehicle Control was inspecting ride-hailing cars last week. Lynda Kernaghan, a driver for Uber and Lyft, posted a 33-minute video to her Facebook page on Friday of inspections by the city inspectors. So far, Kernaghan’s video has received about 2,000 views as of this afternoon.

At the start of the video, a city inspector can be seen telling drivers, “We’re here today for the first time … we are here to educate you. If you don’t have whatever is required, you will be cited.”

The man tells drivers that citations can go up to $1,000, but “abide by the law and you guys will be all good.”

The city inspection was an outgrowth of city ordinance that took effect last year, which set new requirements designed to bring greater parity to regulations governing ride-hailing drivers and taxicabs. It took place at Daniel K. Inouye International Airport the same day a six-month extension of a pilot program between the state and Uber and Lyft began. The pilot program, which originally started December, allows Uber and Lyft drivers to make airport pickups.

On the video, Kernaghan asks the city employee for his title and demands, “What are you asking for?”

The inspector replies, “I’m asking for compliance for the drivers to abide to what was agreed by Uber and Lyft.”

She complains several times that the city has not informed drivers about the law.

The video shows that several of the drivers could not produce required certificates. Inspectors tell others that their cars are not properly marked. All say Uber and Lyft did not tell them about the requirements.

During the video, Kernaghan heckles an inspector and calls him a “bully.” At one point, she insists inspectors take her car out of turn.

“Oh, that’s going to be fun, gonna be my turn,” Kernaghan said. “I want them to give me a f***ing citation. Let’s see how this b**ch rolls. All of the sudden the lot became f***ing famous. The day the pilot program is done is wen they want to hit us up.”

Kernaghan, who has been driving for Uber and Lyft for about a year, said today that the video shows the depth of her anger, at that moment, toward city inspectors. She also contends that the city inspectors were harassing drivers.

“I was rowdy. I was just standing up for myself, they were making up the rules as they went along,” she said. “It was straight harassment. That’s why I posted the video. I wanted everyone to see it.”

Kernaghan said city inspectors inspected six cars and cited one Uber driver, who sought assistance from Uber afterward.

“They didn’t end up inspecting my vehicle. Once I turned the camera on, they stopped inspections completely,” she said….

SA: City starts citing ride-hailing drivers; taxis bear brunt

read … Shut Down Inspections

City looks to convert Kaneshiro’s barely-used safe house for abused women into homeless shelter

HNN: … Honolulu Mayor Kirk Caldwell and the city prosecutor are in discussions over the future of a $5.5 million shelter for abuse victims that's been barely used since it opened in 2016, advocates say, because its tenants must follow strict rules that are impractical to impossible.

Caldwell wants the 20-room Makiki facility, which costs about $400,000 a year to operate, to be converted into a homeless shelter and he says it wouldn't require much work or approval….

Currently, there are three people staying at the site, according to the Honolulu Prosecutor's Office.

In all of 2017, only 13 people sought help there, leaving most of the rooms empty…..

read … Barely Used

HTA: A SMALL CLUB OF INSIDERS WHO USE THEIR POSITIONS TO KEEP OUTSIDERS OUT

HNO: …the HTA ethics violations couldn’t have come at a worse time for the beleaguered organization which is responsible to marketing Hawaii to the highly-competitive international travel market. During the February 28th legislative briefing, Hawaii State Auditor Les Kondo revealed many details of the continuing mismanagement of the HTA and its $120+ million annual budget. Those who have criticised the antics and revolving door of grossly over-paid and under-qualified HTA executives through the years should at least feel vindicated….

read … Small  Club

HAWAII CIGAR TAX CAP BILL ADVANCES

HW: …S.B. 2843 passed the Senate’s Ways and Means Committee and is expected to receive a vote in the full Senate later this week.

Currently, Hawaii taxes cigars at 50 percent of their wholesale price. A cigar with an MSRP of $9.50 would drop from its current pre-sales tax price of $14.25 to a much more modest $10.50 by halfwheel estimates….

read … tax Cap

A&B: Ag diversification is difficult; may not go according to timeline

MN: …While Alexander & Baldwin continues work to diversify its Maui agricultural lands, redeploying 4,500 acres of former sugar cane lands last year, the company sees progress as slow, difficult and unlikely to turn a profit, A&B President and Chief Executive Officer Chris Benjamin told investors in a telephone conference call last week.

“In diversified agriculture, we’re working actively with farmers, ranchers and others to convert our former plantation lands into productive uses,”Benjamin said. “We hope to approach the halfway mark in that effort by the end of the year, but we do acknowledge that the process is difficult and may not happen according to our desired timeline. The transition of the plantation to diversified agriculture is not expected to result in material income. However, it should reduce the cost of stewarding these lands.”

In 2016, the company shut down its 36,000-acre Hawaiian Commercial & Sugar Co. plantation and laid off 660 workers. Of the total acreage, 27,000 acres carry the designation of important agricultural lands….

read … Ag diversification is difficult; may not go according to timeline

Two-Thirds of Big Island Buses Broken Down

HTH: …Maria “Sole” Aranguiz is aware the county’s bus system hit a few bumps in the road.

She knows about the $500,000 mass transit study that takes a long-term approach to improving the system. She heard there is a legislative audit on cash management just about to be completed. She’s mindful the new $11.3 million Hilo baseyard is slowly coming together more than a year behind schedule….

“The most immediate goal here is to get those buses running,” Aranguiz said Thursday during an interview at the new baseyard.

Aranguiz took over an agency plagued with problems. Ridership has dropped by almost a third as frequent Hele-On bus breakdowns make the buses unreliable for commuting.

Only 30 of the 55-bus fleet were reportedly operating when Mayor Harry Kim took over in December. Currently, only 18 are operating, forcing the county into costly daily rentals of tour company vehicles and school buses….

(This is what happens when Billy Kenoi is elected mayor.)

read … New chief takes wheel

Medical marijuana in Hawaii: An update on dispensaries, testing labs and customers

HNN: …You can see where the dispensaries are... across the state.

There's 1 on Kauai.

3 on Oahu.

There are 2 other dispensaries on Maui. 

And 2 on the Big Island.

While the dispensaries do serve every county....

Only half of the 8 that were approved are actually up and running.

Cure Oahu on Kapahulu is expected to open next week. 

So right now, Maui county and Oahu are the only two areas where patients can actually get access to their medicine.

And that's exactly where the testing labs are located…..

read … Medical marijuana in Hawaii: An update on dispensaries, testing labs and customers

Ruling Hawaii Tranny Orders Idaho to Change Genders

DV: U.S. District Court Judge Candy W. Dale issued a ruling late Monday, March 5, ordering Idaho state officials to allow transgender people born in Idaho to apply to correct (lie about) the gender markers on their state of Idaho birth certificates by April 6 this year….

The ruling came in a lawsuit, F.V. vs. Barron, filed last April by Lambda Legal challenging the state’s categorical ban on such corrections….

Lambda Legal filed the lawsuit on behalf of two transgender women (dudes)— F.V., currently a resident of Hawaii identified only by her initials, and Dani Martin, who lives in Idaho….

For example, a Lambda Legal press statement noted,(claimed) after F.V. (popped into Idaho for a minute and) displayed her birth certificate at a social security office (as an emblem of his dominion over them) , the employee referred to her as a “tranny,” and someone who overheard the comment called her a “faggot.”….

read … Bow Before your Rulers

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