53 Years of Legal Abortion in Hawaii
Supreme Court Says 'No' to Homeless Camps on Ag Land
More Red Light Cams Activated
Biden Proposes $537 Million in the FY 2024 Budget for U.S. Territories and the Freely Associated States
Kouchi Thanks Green for Releasing Capital Improvement Project Funds for Kauai
First Crossover: Republican Legislative Report
Land Board Sidesteps Eminent Domain Law: Tries to steal shoreline land without compensation to owner
HNN: … In an emotional hearing Friday, the state Land Board voted to fine a Punaluu homeowner $188,000 for illegally hardening the shoreline.
But the board also made a major concession (an illegal move) designed to get owner Matthew Tang to vacate the property completely.
Board members repeatedly reminded each other how much the case was the beginning of many more to come, with owners who are finally willing to comply with shoreline rules after years of delay….
Tang came to the meeting with photos showing in the last two days contractors have scraped away the illegal beach protection devices and started moving back his house about 15 feet.
“I am removing everything already, I am asking for your leniency,” Tang said, “Again, I always wanted to comply.”
But Land Board members didn’t see a route to leniency after so many years.
“I think it’s too late,” said member Riley Smith….
Board members said they sympathized with Tang.
Born and raised in Hawaii, he didn’t seem to be a speculator and faced them without the usual lawyers. But they also knew that he was an example for many others, as pointed out by member Aimee Kelii Barnes….
(TRANSLATION: He is an easy target for this illegal scam.)
After a motion to impose the fine recommended by officials, veteran Board Member Vernon Char suggested a compromise ― that Tang be allowed to avoid the fine if he agreed to move the house not just away from the shoreline, but completely off the property.
Board Chair Dawn Chang suggested Tang should also deed the property to the state as an extension of Punaluu Beach Park, which is next door.
In the end, the board gave Tang two options: Pay the $188,000 fine or remove his house completely and have the fine forgiven….Tang has 30 days to choose between the two options….
(CLUE: This is an illegal work-around of eminent domain. Tang needs a lawyer.)
PDF: Staff submittal regarding enforcement action against Punaluu homeowner for shoreline hardening
ILind: Staff report on Punaluu property owner fined for illegal hardening of the coast fronting his property
HNN: Erosion rulings send clear message: Landowners must come to terms with rising seas
HNN: Land Board to homeowner: Turn over your land to avoid big fine for shoreline violations
ILind: A great example of marketing
read … Land Board to homeowner: Turn over your land to avoid big fine for shoreline violations
Land Board Threatens to let Kaanapali Hotels Fall into Sea
SA: … The seven-member board that oversees the state Department of Land and Natural Resources signaled Friday that it might pull its support for a major $10 million beach nourishment project on Maui’s Kaanapali Beach.
The project has attracted pushback from community members concerned about the environmental impacts of mining large amounts of sand from offshore to counter the erosion erasing the beach and threatening high-end resorts.
While the project would enlarge the public beach, it’s been criticized as largely benefiting the oceanfront hotels and condos in the Kaanapali Beach Resort and encouraging them to stay put rather than start looking at options for retreating from the shoreline….
The state estimates that sand could remain for about 15 to 30 years before the beach is once again eroded….
UPDATE: State declines to fund $10M beach restoration
read … Land Board takes hard line on oceanfront properties in Hawaii
Malasada News: DPP requests $34.6M budget to staff, turn around agency
SA: … The new director of the city Department of Planning and Permitting has requested $34.6 million to hire and train more staff and for technology fixes to alleviate the city’s months-long backlog of building permit applications.
For its 2024 fiscal year budget, which begins July 1, DPP is requesting a 33% increase over its current budget of $26 million. It also includes 10 more full-time employee positions — amounting to 406 total. The department further projects a 35% increase for its salaries and wages, to $27.19 million from $20.08 million.
DPP projects its total revenues in the next budget to be $24.4 million, of which $20 million is expected to come from building permit fees alone.
The department is integral to residential and building development on Oahu and also is critical to the success of Honolulu Mayor Rick Blangiardi’s goal of building more affordable housing and included in his $3.41 billion budget released March 2. …
DPP has approximately 105 vacancies to be filled.
“We expect to fill 15 before July 1, and 45 to be filled in fiscal year 2024,” Takeuchi Apuna said. Among the positions waiting to be filled are 50 engineer and plans examiner jobs. “Those are now open, and we are now trying to quickly hire for those as part of the commercial plans examining process,” she said.
Curtis Lum, DPP’s spokesperson, confirmed that “vacancies vary throughout the year.”
“As an example, on June 30, 2022, we had 81 vacancies,” Lum said. “We have consistently had between 70 to 90 vacancies over the last several years. Our goal is a net reduction of 15 vacancies by June 30, 2023, and another net reduction of 45 in FY24.”..
read … DPP requests $34.6M budget to staff, turn around agency
Judge denies bid to dismiss Kaneshiro case charges
SA: A judge has denied an attempt to dismiss a federal conspiracy charge against indicted businessman Dennis Mitsunaga, former Prosecuting Attorney Keith Kaneshiro and four Mitsunaga &Associates executives.
Attorneys representing Mitsunaga, 78; Kaneshiro, 72; Terri Ann Otani, 66; Aaron Shunichi Fujii, 64; Chad Michael McDonald, 50; and Sheri Jean Tanaka filed a motion Feb. 3 to strike language from charging documents they thought was inappropriate and could taint a jury pool.
… One of the terms Mitsunaga’s attorneys believed would be prejudicial was use of the word “significant” in the allegations.
“MAI derived its significant revenue from a combination of public and private jobs throughout the state of Hawaii,” read the allegations. The document also referred to “significant” irregularities in another instance.
Reber Porter ruled that in both instances “the government’s use of the word ‘significant’ is relevant to the means, methods and acts used by defendants in furtherance of the conspiracy.”…
read … Judge denies bid to dismiss Kaneshiro case charges
Ethics reform at Capitol?
SA Editorial: … The shock waves from the bribery convictions of two former state lawmakers, who accepted money in exchange for influencing legislation, are reverberating through the current session of the Legislature.
But that’s a good thing, considering the bad situations. The last of nearly two dozen bills recommended by a blue-ribbon commission to reform government practices — a commission created by the state House in the wake of the bribery scandals — cleared the House this week and were sent to the Senate for consideration. Other bills recommended by the state ethics and campaign spending commissions also crossed over from one chamber to the other….
>> HB 723 would expand Sunshine Law requirements to legislatively appointed bodies. It’s a step forward to ensure public access to and participation in government meetings….
House Bills 726 and 89, which propose a long-needed prohibition against elected officials soliciting or accepting campaign contributions during the legislative session.
>> HB 719, which would cap or waive the cost of reproducing certain government records requested by the public….
read … Ethics reform at Capitol
Eliminate GE Tax on Medical Care? Saiki Sets up Tough Road for SB1035
MN: … Doctors on Maui and across the state are backing a bill in the state Legislature that would exempt them from the general excise tax for treating patients who are elderly and poor, along with active duty and retired military.
The physicians say the move could help keep their businesses afloat, attract new doctors and keep local physicians at home, which have long been challenges for Hawaii’s health care system.
Senate Bill 1035 aims to exempt medical care providers from the state GET for treating patients with Medicare, Medicaid and TRICARE.
The bill has passed through the Senate and has been referred to three House committees — Finance, Health and Homelessness, and Economic Development….
(CLUE: SB1035 passed a triple referral in the Senate but usually a Triple Referral is a sign that Saiki expects one or more of the Committee Chairs to kill the bill.)
Gary Suganuma, state director of taxation, said in written comments to the Legislature that the department could implement the measure no earlier than Jan. 1, 2024.
He provided comments to the Senate’s committees on Commerce and Consumer Protection along with Ways and Means, which included a breakdown of revenue loss to the general fund if the measure passes, including $22.2 million in fiscal year 2024, $52.7 million in fiscal 2025, $54.4 million in fiscal 2026, $56.6 million in fiscal 2027, $59.2 million in fiscal 2028 and $65.6 million in fiscal 2029….
only Hawaii has the GET on medical services…
SB1035: Text, Status
read … Maui physicians back bill to lessen their tax burden
This Year’s Roof Repair Sales Pitch: ‘Convention Center about to be Condemned’
HNN: … When it was completed in 1997, the Hawaii Convention Center won a number of design and architectural awards and was touted as one of the most innovative projects of that decade….
Twenty-six years later, the water leaks are threatening to undermine the complex’s structural integrity.
The problems start with the cracks on the center’s rooftop terrace.
During heavy rains, water gets underneath the sport court covering and escapes through the cracks and through the ceiling and also down stairwells.
Some of the concrete structures on the roof are also cracking, exposing the rebar.
The leaks so large and have been going on for so long that stalactites have formed in a stairwell, potentially undermining the structural integrity of the building’s steel beams.
“It’s horrifying that we let things get to that state,” said state Rep. Sean Quinlan, chair of the House Tourism Committee.
“If it continues to rust, we would have to either reinforce the walls, or potentially even condemned the building.”…
“By 2027, this project will be roughly about $88 million,” said Orton.
But lawmakers said they also want to look at other creative solutions.
“We might find a public-private partnership with a hotel ... in return for potential air rights to build another hotel on top of it or maybe some redevelopment in that area,” said Quinlan….
read … Will Legislators Fall for This?
Emergency SNAP Benefits End Next Month
SA Editorial: … According to the state Department of Human Services (DHS), the number of SNAP recipients surged because of the COVID-19 shutdowns. Pre-pandemic, the average monthly number of SNAP recipients was 155,000. At the height of the application surge, July 21, there were 50,000 more SNAP beneficiaries.
According to the Center on Budget and Policy Priorities, the estimated monthly benefit in regular SNAP aid for a family of three in 2023 is $586; the emergency benefit brought that to $740….
Next month, the emergency benefits will end, and many will feel the pinch….
Meanwhile, prices for groceries in Hawaii are 24% higher than they were three years ago….
read … SNAP goes only so far
As Hawaiʻi's minimum wage rises, some lawmakers want to scrap the tip credit
HPR: … Oʻahu community members (Socialists) gathered at a town hall meeting on Wednesday to discuss their frustration with the tip credit — a wage system that many service workers have deemed as inequitable over the years.
Currently, restaurants and hotels are allowed to deduct $1 from the minimum wage of workers who receive tips.
Supporters say it helps restaurant owners reduce their costs. The Fair Labor Standards Act states that an employer who claims a tip credit must ensure that the employee receives enough tips from customers to meet the minimum wage.
That dollar is officially called a tip credit, but affected workers (Socialists) say it should be called a tip penalty.
"Currently that $1 tip credit, if you add it up it’s over $2,000 a year. That's $200 that you can use towards rent. That's $200 that you can use towards food. That's $200 that you can use towards child care," explained (Socialist) Sergio Alcubilla with the Hawaiʻi Worker Center….
read … As Hawaiʻi's minimum wage rises, some lawmakers want to scrap the tip credit
Maui settles civil suit tied to officer convicted of sex crimes
HNN: … Maui County tax dollars will be used to pay three women victimized by a Police Officer Brandon Saffeels, who is now serving a 10-year prison term for child enticement and fraud.
The county and the women have come to terms on a settlement.
Details of the settlement won’t be made public until the county council approves the deal.
But the attorney for the women, Michael Green, said they are satisfied….
read … Maui settles civil suit tied to officer convicted of sex crimes
Legislative Agenda:
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