Entries for March 2010

While Hawaii’s school children are subjected to Furlough Fridays and the state faces a record shortfall, the 2010 Hawaii Pork Report reveals that bureaucrats continue to spend taxpayer dollars in questionable ways. Co-authored by Hideo Hikida, Frances Nuar, and Jamie Story, the second annual report reveals more than $300 million in waste, abuse, and mismanagement of taxpayer dollars.

“This day will commemorate the life and accomplishments of Saint Damien, whose service and ministry has perpetuated the Spirit of Aloha and has offered hope and inspiration to past, present and future generations,” said Lt. Governor Aiona, who presented the legislation, signed into law today by Governor Linda Lingle as Act 10, at an event to celebrate the change in law.

Joseph de Veuster, who would later be known as Father Damien of Moloka‘i and Blessed Damien de Veuster, was a Roman Catholic missionary who sacrificed his life in service to those suffering from Hansen’s Disease in Kalaupapa on the Hawaiian island of Moloka‘i.

In Montana, 33% of all children are in foster care due to methamphetamine abuse.  Two years after launching the Meth Project in Montana, adult Meth use has declined by 72% and Meth-related crime has decreased 62%.  The state has seen a 63% decrease in teen meth use.  Now the same program is being tried in Hawaii.

In May 2004, FBI agents driving a black Suburban and wearing SWAT gear ran Evertson off the road near his mother's home in Wasilla, Alaska. When Evertson was face down on the pavement with automatic weapons trained on him, an FBI agent told him he was being arrested because he hadn't put a federally mandated sticker on a UPS package.

In the closing days of the Congressional health care debate, House Speaker Nancy Pelosi (D-CA) told the National Association of Counties: "We have to pass the bill so that you can find out what is in it." Today marks the end of just the first week of life under Obamacare and Speaker Pelosi has been proven right: we are just now finding out what is in it. This past Friday, AT&T, the biggest U.S. telephone company, announced that it would take a $1 billion charge against earnings thanks to tax changes buried in the 2,300+ page bill. $1 billion. That is a full third of AT&T's $3 billion earnings for the fourth quarter of 2009.

When the Advertiser in 2004 exposed business dealings between then-State Sheriff John Sousa and two convicted felons, Souza said he was considering resigning and acknowledged "The appearance is bad." Souza had extended $25,000 credit to organized crime figure Jonnaven Monalim as part of a deal to sell seven Makaha acres of former Hanabusa family property. Another convicted felon was managing Souza's Pueo Trucking company while Souza was Sheriff.

But just two years later, Hanabusa's husband Souza would form a close working relationship with one George Grace III.  Unlike Monalim, a search of the Hawaii criminal database indicates that George Grace III has never been convicted of a crime. But the controversial owner of porta-potty rental firm Paradise Lua has had a court-documented interest in stolen trucks going back to the 1990s.

In 1998, the State of Hawaii ... had this to say in a brief before the U.S. Supreme Court: ‘‘the tribal concept simply has no place in the context of Hawaiian history.’’

Senator Inouye ... had this to say (on January 25, 2005): ‘‘Because the Native Hawaiian government is not an Indian tribe, the body of Federal Indian law that would otherwise customarily apply when the United States extends Federal recognition to an Indian tribal group does not apply.’’

Senator Inouye went on to say: ‘‘. . . That is why concerns which are premised on the manner in which Federal Indian law provides for the respective governmental authorities of the state governments and Indian tribal governments simply don’t apply in Hawaii.’’

Congressman Abercrombie, the ultimate PAC Man, displayed an insatiable appetite for special interest money during his twenty years in Washington.....

Caterpillar was quick to inform the markets exactly what Obamacare meant for its bottom line. Caterpillar announced that Obamacare would raise its insurance costs by at least 20 percent - or more than $100 million - just in the first year of the health-care overhaul program. And Caterpillar was not alone. Other Fortune 500 firms quickly followed suit announcing Obamacare hits to their bottom line including: Deere & Co., $150 million; AK Steel, $31 million; 3M, $90 million; Valero Energy, $20 million; and AT&T, $1 billion.

Election 2010: Hawaii Governor

• Duke Aiona (R) 31%
• Neil Abercrombie (D) 54%
• Some other candidate 6%
• Not sure 9%

Even with Hawaii facing an $869 million budget deficit over the next three years, in 2008, state Senate President Hanabusa defended a 36 percent pay raise for the Hawaii State Legislature.  Hanabusa said “legislators work very hard and deserve the raise.”  As of December 2009, Hawaii pays the highest salary for part-time legislators.

Wil Okabe, the HSTA President, said that negotiations would cease if their proposal failed. This would leave parents, teachers, principals, and students with 21 Furlough Fridays in place until the school year 2010-2011 is over. The HSTA will vote next Wednesday to approve or disapprove a new supplemental agreement between HSTA, BOE, and the DOE.

“HSTA is treating this as if it is the end of the road. There is more work to be done, but I’m hopeful there can be further compromises to end this Furlough Friday fiasco,” Finnegan said.

The difference between bringing back only essential employees and also bringing back non-essential DoE employees is $1 million per day.   Representative Finnegan continues to advocate bringing back only essential personnel in order to keep the cost of restoring Furlough Fridays reasonable and something the State can afford.

An indication that our campaign is a threat to the status quo is the number of yard signs stolen on a regular basis.  We know that it happens in every election, but the rate that our signs are stolen surpasses anything we have ever seen before.  In some areas, we will put up a yard sign and the sign will be taken in a matter of hours.  One of our supporters reported last week that she was in her yard when a white van drove up to her house.  A man jumped out of the van and pulled her yard sign out from where it was planted in her yard.  When she asked him what he was doing, he said that he was from the Djou campaign and that the sign was needed in another location.  This was completely untrue - the campaign never relocates signs to "better" locations.  We value every single person willing to indicate their support for Charles with a yard sign.

“While I share valid objections regarding the sovereign immunity bestowed upon a Native Hawaiian governing entity and the amended definition of a qualified Native Hawaiian constituent, as provided in the 2010 Akaka Bill, I believe the proper balance of state and federal laws can be fully vetted and resolved in a manner that is consistent with the best interests of all of Hawai‘i’s citizens.

“I am hopeful that our Congressional leaders will address these issues in the community before passing the 2010 Akaka Bill, rather than facing anticipated litigation following passage."

“It is more important that our next Congressman fight to lower taxes and allow Hawaii families to keep more of their money than to elect a Congressman who wants to spend all of your money,” stated Djou.

Here is video from the March 23 rally at the Capitol. 

More anti-tax rallies are planned for Honolulu, Kona, and Hilo April 15.

• Honolulu Rally 4-7PM at Capitol
• Kona Rally 1-5PM along Queen K Hwy near Mormon Temple
• Hilo Rally 4-6PM along Bayfront at Kamehameha Statue

Today the House Finance Committee will be hearing a bill (SB 2124 SD2) that appropriates $86.1 M to end Furlough Fridays. Representative Finnegan will be offering an amendment to Finance Chair Marcus Oshiro, reflecting her proposal to decrease the appropriation to $77.5 M.

“We can refrain from raising taxes and get students back in school,” said Minority Leader Lynn Finnegan.

A "fix" to the Cadillac tax that actually makes it worse, not better. Under current law the exemption amount is indexed to CPI plus 1 percent. That is not enough to keep up with medical costs. The reconciliation bill delays the start of the tax by five years, from 2013 to 2018, but it cuts the inflation adjustment to plain CPI. The lower inflation adjustment means that once the tax starts it will hit more people faster.

The New York Times reports: "Administration officials describing the draft treaty said its preamble recognized the relationship between offensive weapons and missile defense, but that the language was not binding." But the Times goes on to quote retired major general Vladimir Dvorkin who says Moscow will scrap the treaty if the U.S. pursues missile defense: "If, for example, the U.S. unilaterally deploys considerable amounts of missile defense, then Russia has the right to withdraw from the agreement because the spirit of the preamble has been violated."

“With the 31% pay increase, our part-time legislators, who are in session for just four months in the year, are the highest paid part-time legislators in the nation.  In these tough economic times, when people are losing their jobs, businesses are shutting down and teachers and students are being furloughed, do we really want to elect someone who cares more about her own paycheck than what’s good for the people of Hawai'i?” said Hawai'i Republican Party Chairman Jonah Ka'auwai.

The Governor’s letter stated, “The explicit sovereign immunity and exemption from regulation provisions in the present bill allow the Native Hawaiian governing entity, and its leaders, to conduct activities anywhere in Hawai‘i (and potentially any other state) in a way that is inconsistent with State criminal statutes otherwise applicable to all citizens, and state laws governing narcotics and dangerous drugs; civil defense; alcohol and tobacco; fire and building codes necessary for public safety; traffic safety; landlord-tenant matters; clean air, clean water, hazardous waste (and other state pollution statutes); child welfare, child protection, and child safety; public health; food and drugs; and virtually every other conceivable law that serves to protect the public. It is not clear how the State could enforce its interests against unlawful or irresponsible actions by the governing entity or its elected leaders or employees."

With more than half of the 2010 legislative session gone and fewer than 30 business days to go, the Legislature should focus on enacting bills that will improve government operations and strengthen our economy — not increasing taxes.

Many key proposals that could save the state precious general funds have either stalled or not been heard in House and Senate committees. Instead of increasing the general excise tax, the Legislature should cut inefficiencies and spend within our means to ensure economic recovery for Hawaii.

Rumors of a possible Supreme Court retirement this summer have Washington buzzing with anticipation.  Adding to the intrigue is the controversial nomination of Goodwin Liu for the 9th U.S. Circuit Court of Appeals.  Senate Republicans used a procedural move Wednesday to postpone Liu’s hearing....

For the current (2009-10) school year:  The agreement provides for the state to appropriate approximately $24.5 million to eliminate the four (4) remaining furlough days this school year. In return, students will be given an additional full day of instruction; and the last teacher work day of the year will be converted to a half day with students.

For the next (2010-11) school year: The agreement provides for the state to appropriate approximately $67.5 million to eliminate eleven (11) furlough days. The remaining six (6) furlough days will be scheduled on non-instructional days as follows: Two (2) days at the beginning of the school year (one administrator day and one teacher day); teacher institute day; three (3) planning collaboration/waiver days as scheduled by the Board of Education.

Funding would cover both the salaries and fringe benefits of teachers.  Release of the funds would be contingent upon legislative passage of a constitutional amendment to allow voters to determine if the next governor should appoint the school superintendent.

But the leftist majorities in Congress just do not care what the American people think. Today, the Senate will press forward with work on the proposed "fix-it" bill through the reconciliation process. You may have thought it was impossible to make the policy and process of Obamacare even worse, but that is exactly what this reconciliation bill does . . .

HONOLULU – In response to Senator Roz Baker's (South and West Maui) decision not to schedule a public hearing for House Bill 2311, veterans from across the state, will be delivering their military decorations ribbons and awards that honor their valor and service to the country out of protest to her tomorrow.   

Veterans will present the ribbons to Chair Baker and her Committee members of the Commerce and Consumer Protection (CPN) on Wednesday, March 24 in room 229 at 10 a.m.  Sen. Baker, who sponsored the clothesline bill last year, has chosen to pass an unenforceable resolution about the flag instead....  

What do Sen Roz Baker and Rep Rida Cabanilla have in common?  They both have employed convicted child molester Leon Rouse.

It is difficult to imagine the Ninth Circuit as any more radically liberal than it already is. Despite a few stellar judges, the Court is full of liberal activists who have earned it the reputation of having the highest Supreme Court reversal rate of any court in the nation.  But, with his latest judicial nominee, President Obama just may do what seemed impossible.

There are many red flags in the judicial record of Ninth Circuit nominee Goodwin Liu, who is Associate Dean at the University of California Berkeley Law School.  Here are just a few highlights....

New information is emerging about President Barack Obama's federal appeals court nominee Goodwin Liu.  If the Seante approves Liu's appointment to the 9th Circuit Court, Liu will be among the judges ruling on appeals of cases originating from Federal District Court in Honolulu.

…In 2007, Liu joined 17 other professors and submitted a friend of the court brief to the California Supreme Court, arguing that California's definition of marriage between a man and a woman violated the state constitution.

Real health care reform is the thing we’ve fought for from the start.  It is desperately needed. But this bill falls short on many levels, and hurts many people more than it helps.

Together Hee, Danner, and Ito propose to seize 20% of DHHL commercial lease revenues--meant to fund the development of new DHHL home sites--and hand them over to self-styled "cultural and community practitioners."

This is a sharp warning to any and all DHHL beneficiaries. The Akaka Tribe intends to gut the DHHL of its basic function. Instead of building homes, they intend to use DHHL as a cash cow to line the pockets of Akaka Tribe "practitioners".

The obvious question is whether Senate President Colleen Hanabusa has made a satisfactorily "Grace-ful" arrangement with DHHL to keep this kind of nonsense in check in her Chamber. Or does she think a deal with Kane doesn't carry over to Park?

This is why opposition to this bill will only grow. Supporters of this bill argue that popular hostility will recede upon its passage. But, rather than cementing our descent into a European-style welfare state, last night’s passage of Obamacare is best seen as a historic turning point, a true catalyst for real change.

I write to reassure our supporters, the conservative movement, and the American people at large that The Heritage Foundation will do all within its power to keep this issue alive in the public square and make the intellectual case for the repeal of this act. We will bring all our resources to bear on behalf of those who believe America is and will always remain the Land of the Free.

This, rest assured, can be done. The American people are never permanently thwarted. President Obama's health care legislation can and will be repealed.

The top tax rates on interest and rental income would rise to as high as about 44 percent...Starting in 2013, Americans under 65 won’t be able to deduct medical expenses until they exceed 10 percent of income, up from 7.5 percent now...those who buy devices such as wheelchairs would pay a 2.3 percent excise tax. Drugmakers may pass on a $3 billion annual fee.

The Medicare taxes superseded an earlier Senate proposal to tax high-value employer-provided insurance coverage, dubbed “Cadillac plans.” That 40 percent excise tax was delayed until 2018, when it would begin to apply ....

First, he said, the mandate to buy insurance or pay a fine amounts to "a tax on living." Unlike auto insurance or payroll taxes, McCollum said, the new fees would apply to people for not doing anything, not triggered by any status or activity on a citizen's part.

Secondly, he said, the bill imposes spending requirements on the states --amounting to more than $1.6 billion for Florida. McCollum said Congress can't legally do that.

“The health care legislation approved by the House tonight will force Hawai‘i and all the other states into a one-size-fits-all program that is financially unsustainable.

“The $1.2 trillion government takeover of health care will cost Hawai‘i residents, conservatively, an estimated $300 million over five years in added costs to our Medicaid programs, which are already hemorrhaging red ink.

“Since the healthcare debate heated up in March, over 7,617 jobs were lost every day.  Not only did Congress fail to address the most important issues of the day—jobs and the economy—but they passed legislation that is guaranteed to hurt businesses and negatively impact jobs.  Hawai'i needs congressional representation that works for our concerns, for our jobs and most importantly, for our families.

“We have a unique opportunity here in Hawai'i come May.  We can, must and will elect Republican Charles Djou to Congress, gain a champion of fiscal accountability, individual responsibility for Hawai’i and return independent, effective leadership to Congress.”

“Congress should instead have enacted medical malpractice reform, allowed for the interstate sale of health insurance, and reformed the tax code to allow for an individual deduction on health insurance premiums.  We must continue to fight for responsible health care reform that lowers costs and offers greater access to affordable health care.”

Djou is the only major candidate in the Congressional race, who lives in the 1st Congressional District and the only major candidate who would have voted against this bill.  Ballots will be mailed out April 30.

Obama advisor Al Sharpton on Fox News tonight: “Americans voted for socialism when they elected Obama.”

GOP Chair Michael Steele: “We intend to do everything in out power to reverse this.”

Hawaii voters will be among the first to pass judgment--Honolulu Special Mail–in Congressional Election: May 1-22. 

Both Ed Case and Colleen Hanabusa are pledged to support Obamacare.   Charles Djou has pledged to oppose it.

For months, Mazie Hirono pledged to vote against the Senate version of Obamacare.  For her, Senate Obamacare just wasn’t socialist enough.  Along with 56 other “progressive” members of Congress, she demanded a program with a public option and denounced the Senate bill as a multi-billion dollar giveaway to the insurance companies.

Hirono’s July 30, 2009 letter explained:

“Any bill that does not provide, at a minimum, for a public option with reimbursement rates based on Medicare rates--not negotiated rates—is unacceptable…. (T)his agreement will result in the public, both as insurance purchasers and as taxpayers, paying ever higher rates to insurance companies.  We simply cannot vote for such a proposal.”

Hirono has maintained this position as recently as February 2, but at the last minute, barely noticed by her “progressive” base, Rep Mazie Hirono has changed her mind....

Now, more than ever, we need to bring balance to our nation’s capitol.  For too long, Hawaii residents have been underserved with only “one” viewpoint represented in Congress.  This out-of-balance system has failed our citizens and allowed for policies that have stifled our creativity and economic growth and burdened us with heavy taxes, wasteful, out of control government spending, and inefficient bureaucratic growth.

The people are speaking, but Washington isn’t listening.  That’s why we need new leaders who will listen and provide “common sense” approaches to get our country back on track.  Join me in the “good fight” and allow me the honor to represent you with “a strong voice and presence” in the halls of Congress.  

Honolulu- Friday, March 19, 2010 Republicans withdraw their support of a seemingly routine procedural resolution. The resolution (HR 205) dictates that the Speaker of the House exclusively controls in-house video programming and information output, and sets restrictions for its use.

“Just one example of the final report's gross flaws is that without any citation of the attorneys (if any) that she relied on for her own legal opinion, the legislative auditor dismisses the attorney general's detailed opinion that concluded that the purchase of auction rate securities was specifically authorized by the Legislature in 1997, and legal when made by two budget directors in the Cayetano Administration and by my department in the Lingle Administration."

“The Legislature’s failure up to this point to focus on immediate measures that will reduce government spending and create jobs for our residents is putting the future economic well-being of our state in jeopardy,” said Governor Lingle.  “Instead of taking action that will help get people back to work, the Legislature is attempting to further burden our residents and businesses with a 25 percent increase in the general excise tax, a $1 tax on every barrel of oil shipped into the state that would raise the cost of living and doing business, a 30 percent tax increase on timeshares and numerous other unjustifiable fees on small businesses."

"I think Neil was determined to get moving on his gubernatorial race," DCCC chairman Chris Van Hollen told me yesterday...."Once a person makes up their mind to do something, this is America, they're free to do it."

Former U.S. Attorneys General Edwin Meese III and William P. Barr released the following statement:

The convoluted and questionable method under discussion by both Houses of Congress for final passage of the long-debated health care legislation raises serious constitutional concerns, which, at best, will lead to protracted and wholly avoidable litigation and continued doubt about the bill’s validity.

...there is genuine concern among Democrats that while Djou is up on air with appealing intro ads that don’t mention his party affiliation, neither state Sen. Colleen Hanabusa nor former Rep. Ed Case are running great campaigns. Case may enjoy an early lead, but he also has the least money. Furthermore, Democratic Sens. Daniel Inouye and Daniel Akaka will do all they can to ensure Hanabusa overtakes Case, their longstanding rival.

AFL-CIO President Richard Trumka is headed into a meeting with President Obama this afternoon after the White House and Congressional leaders have begun to discuss a higher-than-expected excise tax on some health care plans, in order to maintain their claim that health care legislation will reduce the deficit, a source involved in health care talks said.  (Those are UNION-negotiated health plans.)

Any unexpected change to the health care plan could endanger support for the bill from labor, which agreed to back it after reductions to the planned excise tax.

Tuesday, March 23rd at the State Capitol -- from 10:00am till 12 noon -- Mauka side of Beretania St across from State Capitol.

Another day, another no-show for the Obamacare reconciliation bill. House Democrats were quick to shift blame to the Congressional Budget Office (CBO) with Rep. Robert Andrews telling The Hill that the delay "has been much more technical than substantive. ... It’s not like what tax has to go or what spending has to go." Which is an interesting claim, since Politico reported that AFL-CIO President Richard Trumka was summoned to the White House yesterday afternoon "to discuss a higher-than-expected excise tax on some health care plans." In fact, Politico added: "A labor source said Trumka's meeting would focus on the entire bill, not just the excise tax question." Sounds like more than just technical details are still in flux.

"I don't impose my faith and my beliefs on anybody using my authority as lieutenant governor or as a judge, when I was a judge. But that doesn't mean I can't stop believing and practicing my faith," Aiona told CBN News.