BARKING IN THE DARK

BARKING IN THE DARK: The Sunshine Law in Hawai`i is known nation-wide as one of the best. Yet in situ, access to government records and meetings is acknowledged to be pitiful.

One of the main “jokes” in the law is that the open meetings requirements that the state legislature has enacted, apply to the others but not themselves.

That’s especially true of the notice requirements that force county councils and state and county boards and commissions to publish virtually un-amendable agendas at least six days before they meet.

Not so the legislature. There is only a two day notice requirement on the books and it has so many loopholes at so many points in the four month session that even that notice doesn’t happen sometimes.

In practice there are two speeds a which legislation moves- lightning fast and zero mph. A bill might sit in an acceptable form for months and literally overnight be amended in a way never contemplated by anyone and moved to a full vote.

But even if the two day notice is given that still makes it impossible for councils, boards and commissions to fairly consider and testify on measures that effect them, because in order to even discuss them they need to put them on an agenda six days in advance of meeting.

That’s only one of the reasons why county councils across the state have asked the legislature to either get them out from under the Sunshine Law or subject themselves to the same restrictions, which go way beyond just notice requirements.

So it’s especially strange that the one Sunshine-related measure passed into law this year- one that hasn’t received any “ink” (or bandwidth) that we can find- was Senate Bill 438, now Act 24, that allows the Board of Education- and only the BOE- to “file any notice that specifies only legislation or legislation-related agenda items, no fewer than two calendar days before the meeting” while the legislature is in session.

The bill passed into law without Governor Linda Lingle’s signature and her statement of concern starts off making a good point by saying

I am concerned that making an exception to shorten the time requirement for filing meeting notices may not be the correct approach for resolving the issue of responding to legislation in a timely manner.

I am also concerned that this bill will allow for special treatment of the Board of Education under the Sunshine Law, as no other board or commission will be provided with the same exception provided under this bill. This bill will require the Office of Information Practices to make a distinction for the Board of Education and treat it differently from the numerous other boards and commissions that must also respond to tight legislative deadlines.

Moreover, because the Sunshine Law, like the Uniform Information Practices Act, is supposed to be administered uniformly across all agencies and boards, creating a special exception for only the Board of Education sets an unnecessary precedent.

I call upon the Legislature to address in a comprehensive manner the conflicts between the Sunshine Law and legislative notices that provide inadequate time for boards, commissions, and the public to respond.

But if hopes that she would call on the legislature to conform with the notice requirements for others were raised by that premise, her conclusion is one that goes in the direction of less sunshine rather than more, saying

At a minimum, the Legislature should consider revising emergency meeting procedures for all boards and commissions that should be afforded the opportunity to comment on pending legislation.

Though on the surface that might seem like a reasonable solution it is one that fulfils the fears that the step in the wrong direction that this legislation embodies makes the slope all the more slippery.

The nuts and bolts problem addressed in the new law is one of many presented by the legislature’s exemption from the Sunshine Law, supposedly because the legislature meets in a hurry up and wait four month session.

That in and of itself is problematic and leads to flawed legislation every year. This year already it has been reported that the new cigarette tax may not be able to be implemented because the two bills that deal with it are inconstant.

The pitfalls of the four month session and exemption allow county councils to argue that they should be exempt too if only as a matter of fairness because to ask the legislature to follow the Sunshine Law would be to ask them to fully reform the way they conduct business and require a constitutional amendment.

But participation in government process is the foundation of democracy and, as Thomas Jefferson said, the solution to the messiness of democracy is more democracy, not less.

Every year some “problem” posed by the legislature’s four month session crops up and is the subject of proposed legislation that tinkers around the edges, usually producing a less than acceptable bill that dies because the piecemeal approach to legislation rarely makes for good lawmaking

Yet when these bills do pass and they’re flawed many times it’s because, in the rush of a short, rigid schedule, those in the public who might be able to offer a better way or at least point out the potential flaws are shut out by the lack of sunshine in the legislative process.

To use the problems posed to create less participation, as this new laws does, is a step in the wrong direction. But until people get fed up enough to demand a change to a year-round legislature with full-time legislators bad laws produced in the dark will be the order of the day.

DIGGIN’ DEEPER:

DIGGIN’ DEEPER: We’re back to looking at some of the bills that are either relevant to Kaua`i or that we’ve mentioned during the legislative sessions that were passed by the legislature and await the governor’s signature or veto by July 15.

One that sounds good to some but may be one of the worst bills in the lot due to both intended and unintended results is, HB589 HD1 SD2 CD1 “Relating To Renewable Energy Facilities”. It “(e)xempts leases and easements for renewable energy projects from subdivision requirements; defines ‘subdivision requirements’”.

While “fast tracking” renewable energy projects may sound appealing what this does is give projects a pass on many county permitting restrictions. That means that large scale projects may come under some limited scrutiny but approval is guaranteed- and it automatically happens if 90 days pass without county action on an application.

Although it provides for the counties passing administrative rules regarding these “renewable energy projects” none are currently in place meaning that if someone applies the day after the bill is signed it would be impossible for the county to scrutinize it at all since it takes many months to pass those administrative rules in accordance with HRS Chapter 91.

In addition it doesn’t define “renewable energy”. That means that things like dirty technologies will be springing up everywhere and anywhere- things such as garbage to energy incinerators, bio-diesel plants and even hydro-electric projects all without any county say so.

Farmers who produce renewable energy would be able to get “preferential rates” from their electric company when they sell it under HB591 HD1 SD2 which “(a)uthorizes preferential rates for the purchase of renewable energy produced in conjunction with agricultural activities.”. It will encourage farmers to set up renewable energy projects on their farms since they can get a fair price for their excess power and even serve to sustain some farms.

For that past decade or so charities in Hawai`i have been free of state regulation. But after an excellent series on charity abuses by the Honolulu Advertiser’s Rob Perez, all that will change if HB618 SD2 CD1 is signed .

It establishes “The Uniform Prudent Management Of Institutional Funds Act”. The particulars are many and varied but essentially it would bring about long needed transparency to non-profit organizations in the state. They used to answer only to the IRS but if it’s signed they would now have to meet the kind of standards that most other states require.

Kaua`i has a plethora of “private” roads and right now when there’s an abandoned car on one the county won’t haul it away. If HB1422 HD1 SD1 CD1 makes the cut the county will be able to do so.

Another bill to help legitimate farmers is one to allow "agricultural education programs" to supplement farming operations. That’s defined as “activities or events designed to promote knowledge and understanding of agricultural activities and practices conducted on a farming operation”. They have to be “accessorily or secondary” to the farming operations (as defined by in HRS 165-2) and still must meet county permitting requirements. It does not mention overnight accommodations.

It’s been a nightmare getting timely records from the Bureau of Conveyances. Sometimes it has taken forever and a day to get up-to-date records of who owns what land.

SB521 SD2 HD1 “(r)equires the registrar of the bureau of conveyances to provide, within 10 days after each week and free of charge, an image and index of all documents and instruments that have been recorded in the registrar's office that week relating to regular system land in all the counties, to the county designated in a memorandum of understanding agreed upon by the counties to act as a central clearinghouse”.

Why Hawai`i needs SB1005 SD2 HD2 CD1 is not apparent since it seems that federal copyright laws should suffice but nonetheless it would (e)stablish... property rights in the commercial use of a person's name, voice, signature, or likeness”. It’s long, rambling and very specific and knowing the legislature’s penchant for shoddy rush job legislation we’ll bet dollars to donuts it does something completely unintended.

Finally, even though many thought it became law last year, a bill to allow everyone to hang their clothes on a clothes line was for some idiotic reason vetoed by the governor and for some equally insane reason the veto was not overturned. SB1338 SD2 HD2 CD1 will serve to try again to “(a)llow... the use of clotheslines on any privately owned single‑family residential dwelling or townhouse.

If you didn’t find your bill here check the full list.

IT MUST BE BURIED HERE SOMEWHERE

IT MUST BE BURIED HERE SOMEWHERE: It’s “read um and weep time” as the legislature finished it’s dirty work Friday.

The list of bills that passed is kind of like the most disgusting Sundae in the world with a bunch of turds on the bottom where the ice cream should be, topped with a layer of fluff instead of whipped cream and, if we’re lucky by some miracle of oversight, an eatable cherry or two on top.

The sauce? No butterscotch, no chocolate no nothing where it should. Those are the missing (due to) inaction bills- the ones that showed promise, almost made it but were killed by paid-to-play conference committees with the hope you won’t notice because there’s no list of them anywhere except in the hearts of those who wanted to see them passed.

The bigger debacles have gotten plenty of press but one we haven’t heard much of that awaits the governor’s signature is the bill that would have banned research on generically modified Hawaiian taro.

Yup- it’s dead. For a lot of the newbie activists that got involved in the anti-GM movement it’s sooo cute to see the expression on their faces the first time they open the empty box and see up-close how corruptly idiotic our Hawai`i legislative system is.

To watch them, as the session went along, go from supporting an outright ban on GM products, to a ban on all research, to a ban on taro research, to a ban on only research on the Hawaiian varieties of taro, was priceless for us grizzled vets.

But then seeing them get all excited that the watered down bill passed both houses only to see their hopes dashed at the last minute is outright hilarious.

We only wish that is had passed only to be vetoed and then left for dead with no override vote permitted by the house and/or senate leadership.

For that kind of mirth we have to wait for action on the list of some of the bills that actually sit on the governor’s desk.

We’ll go over a few today that either effect Kaua`i or that we’ve followed during the session or are otherwise particularly worthy of note

We’ll start with an absurd little ditty- HB267 HD2 SD1, Relating To The Motor Vehicle Rental Industry. This is the bill introduced to allow rental cars on the Superferry. Even though the ferry sunk, the bill still floated... all aboard for the SS Futility. Guess they were busy doing this and things like determining which is the official state butterfly that they “ran out of time” on the civil unions bill.

HB640 HD1 SD2 CD1 “Relating To Environmental Impact Statements” may be the worst bill passed this year. It takes away the protections that trigger an environmental assessment when developments abut or empty onto things like state and federally funded roads and other public facilities- such as when a hotel that empties onto a busy highway. And forget about taking into account where the cars will go once they hit that road. that’s doubly prohibited.

While developers love this one, smart growth and environmental protection activists are crushed by the law that “(e)xempts from the purview of chapter 343, HRS, the environmental review law, primary actions that require a ministerial permit, that involve secondary actions limited to infrastructure development within public right-of-ways.”

Though the greedy bosses and other union-busters at Wal-Mart and Home Depot may not think so, one of the few good bills that passed is the one known as the “card check law”. It enables unions to organize when a majority of the workers sign up rather than require elections that are subject to management manipulation intimidation tactics. HB952 HD1 SD2 CD1 is a statewide version of the law that is currently being considered by the US Congress but until then at least Hawai`i has a card check system.

The county lifeguard liability shield law for which the counties fought for many years was about to expire but is extended, although just for another four years, under HB1040 HD1 SD2 CD1. It seems absurd that we’ll have to fight for this- and pay a lobbyist- again in four years but we’re probably lucky to have gotten it renewed.

We hear nothing but bad things about the guy that slips that white “el cheapo dentistry” ad sheet in the local paper every other weekend so it’s good to hear about SB113 HD1 CD1 Relating To Dentists which “(a)uthorizes the board of dental examiners to sanction licensees for false or misleading advertising”.

And finally for today, although a slew of great bills in the cannabis/hemp package were swept into the gutter- including the one transferring control of medical cannabis from the Department of Public Safety to the Department of Health where it belongs and is in every other state- we did get a SB1058 SD2 HD2 CD1 Relating To Controlled Substances.

At least it “(e)stablishes a task force to examine issues relating to medical cannabis patients and current medical cannabis laws (and) (e)stablishes a task force to examine the effects of salvia divinorum”.

NOT EVEN A BONE

NOT EVEN A BONE: It’s never easy to fight city hall but in Hawai`i it’s usually downright impossible.

Trying to accomplish anything in the public interest is an exercise in frustration as officials simply stonewall and deny, deny, deny, often in defiance of the law, telling citizens “if you don’t like it, sue us”.

But even if you had the money for a lawsuit just try to finding a lawyer willing to buck the system, take on the deep pockets of government and developers and risk never getting a hand into those pockets with one of those well-paying “special counsel” or corporate gigs in a state where revenge is the top coin of the realm.

So your average Joe Activist ends up depending on a dwindling handful of attorneys and organizations to defend our rights by going though the often interminable process that leads to the little victories that uphold the law in what should be no-brainer cases.

The problem is that when we put ourselves at the mercy of those who filed the suit, when they get paid off or when their self-interest wins out over principle not only are we left on the losing side with little or no recourse but a precedent is set that makes re-filing the case all but impossible.

Once again the people have been sold down the river with an unfathomable “settlement” by the Office of Hawaiian Affairs (OHA) and a string of litigants, after they were hoodwinked into signing away all rights to pursue the stolen lands case that was recently returned to the state courts by the US Supreme Court.

After reading the settlement agreement it’s apparent that we got exactly nothing and in addition the plaintiffs are forbidden from ever again pursuing any legal action the case.

OHA’s press release makes a big deal out of what they supposedly did get- the settlement is dependant on the about-to-become law requiring a 2/3 vote of the legislature to dispose of any of the so-called “ceded lands”- an Orwellian construction that wrongly presumes anyone ever did any ceding.

And that and $10 billion will get you onto the Honolulu elevated subway because what the legislature giveth, the legislature taketh away.

The agreement says that

Senate Bill 1677 Conference Draft 1 is condition precedent to this Settlement Agreement, and if it does not become law, this Settlement Agreement shall be of no force and effect.

But sly Attorney General Mark Bennett, in the ignominious American tradition of genocide by pen, got them to sign without any “out” if the law is repealed or even “amended” by a future legislature- something that would only take a majority vote.

We all remember how effective HRS 343 was in stopping Act 2 when the state’s environmental protection act was “amended” to give it absolutely no effect on the Hawai`i Superferry’s illegal exemption from completing an environmental assessment as a “condition precedent” to operation.

It was only a constitutional provision having nothing to do with environmental law that saved us here on Kaua`i from the invasion of thousands of cars and tens of thousands of campers descending on our fragile environment and underfunded and inadequate infrastructure.

The law- which will apparently become law with or without the settlement after passing through conference committee- is not just subject to repeal but subject to the same kind of “act”, “amending” it to allow Hawaiian land to be sold by the state.

But one thing that OHA did get is a paragraph saying that

Nothing in this Settlement Agreement shall prohibit OHA plaintiffs from seeking payments as set forth in Act 318 (SLH 1992) should the Hawai`i State Legislature hereafter approve the sale of Act 318 lands to third parties.

Act 318 of course is designed to comply with the one condition of the transfer of the stolen lands from the USA to the State that list five purposes the lands can be used for, one of which is to benefit the kanaka maoli or “native Hawaiians”.

Although one plaintiff, UH Professor Jonathan Kamakawiwo`ole Oshiro, refused to sign- perhaps seeing that it was nothing but another con job from shyster Attorney General Mark Bennett, the agreement actually asks the court to dismiss his case too... and even if they don’t Oshiro certainly doesn’t have the resources to pursue a case that the attorneys involved don’t want to pursue any more.

In her post today Joan Conrow relates the story of a young kanaka who was harassed away from his traditional fishing hole in a river his family has fished for generations by a rich, illegal-vacation-rental owner who treated him as an “outlaw”, threatening to have him arrested despite his constitutionally protected right to fish there as a kanaka maoli.

When it comes to American genocide some things never change.

As Woody Guthrie wrote in the 1939 Ballad of Pretty Boy Floyd

Yes, as through this world I've wandered
I've seen lots of funny men;
Some will rob you with a six-gun
And some with a fountain pen.

And as through your life you travel,
Yes, as through your life you roam,
You won't never see an outlaw
Drive a family from their home.

BITE ME

BITE ME: We really should end the week with an emotionally satisfying rant suggesting the bigoted, homophobic, red-shirted troglodytes to shove their jesus and bible up their sociopathic asses so there won’t be room for that army of big hairy phalluses they apparently fear so much.

After all, it’s as obvious as it was a decade ago that you can’t fight the religious passion of mentally ill, deluded, heterosexual degenerates with clear rational logic and calmly reasoned arguments for civil rights.

The fact that “our side” didn’t use this kind of appeal to irrational fears was apparently the downfall of this year’s civil rights battle, just like it was last year in California.

We should have known- clear headed intellectual appeals to “do the right thing” are sooooo 60’s retro.

But blaming the hoodwinked mob for the legislature’s capitulation to hatred and bigotry out of fear for their political careers is to relieve them of the responsibility- and hopefully accountability at the polls- for their shameful acts.

Much in the aftermath has us shaking our heads in disbelief more than at the disgusting abandonment of principle by weasels like Senate President Colleen Hamabusa and her spineless lockstep sycophants.

One of the weirdest claims we’ve read from legislative insiders is that the amazingly fearless Kaua`i Senator Gary Hooser somehow led the battle against ignorance and discrimination in order to somehow further his political ambitions after he announced early this year that he was going to run for lieutenant governor next year.

This claim comes from the self same politicians who claimed they were voting against civil unions because the majority of their constituents were against it.

What are we a bunch of freakin’ idiots? Even if they missed the only scientific poll- which showed massive support for the civil unions legislation- how can they say Hooser was doing it for political gain when they’d have to actually believe that he would lose the votes of that majority opposition through his actions?

We’ve known Gary for 25 years and have rarely if ever been disappointed in any of his actions either on the Kaua`i county council or in the senate- and that’s not something we can say about any other elected official other than Representative Mina Morita.

It has truly boggled our mind as to how he’s been able to pull it off with all the petty little prevaricators and pissants he works with and move into a leadership position to boot.

Which is why we and many other on Kaua`i are in large part hurt that we will certainly have someone of a lesser character as our senator after November 2010.

Many can’t see why someone who has been able to remain principled and effective as a legislator would want to move into any administrative post, much less one that is as useless as an appendix.

The only explanation we can come up with is that maybe he’s just fed up with the stupidity and arcana of his “colleagues” in the Hawai`i state legislature.

Anyone who follows legislative matters has at one time or another been frustrated to the point of tears at the casual acceptance of the inane committee system that perverts the will of the people and even the body year after year after year and the pay-to-play campaign finance laws that perpetuate the inertia.

Allowing one legislator to subvert the will of the majority is the antithesis of democracy in a legislative body. Yet when push came to shove, respect for this corruption and power mongering was shamelessly cited by the senators- the ones who voted no but claimed to actually support civil unions- for refusing to “pull” the bill out of the deadlocked committee.

And yet there’s a shocking silence and distinct lack of outrage in the press- mainstream and otherwise- about the process that led to the ridiculous “only in Hawai`i” denial of civil unions.

The veil has now been lifted on these homophobic slimeballs’ claims that they just wanted “marriage” to be keep from those who have sex differently than they think everyone should.

It’s become painfully obvious they are bent on punishing those who don’t accept their interpretation of a fairy tale penned by cave men as being the literal one-and-only truth.

No other state has, when pressed, denied civil unions with full equal rights for all, even those that, like Hawai`i, constitutionally ban same gender marriage. As a matter of fact the supreme courts of other states have said that the state may constitutionally ban non opposite gender marriage but MUST provide for the same state granted entitlements and benefits for all when doing it.

It’s apparently time to take up the Hawai`i courts’ time again with such a case now that the public knows that asking the legislature to grant equal protection is as useless as reasoning with those with a religious stick up their collective asses.

The concept of “civil unions” is a discriminatory watered down version of the equal right that true marriage. It would certainly seem a no-brainer to get the government out of the marriage business all together and let the babies have their bottle. Let the bible thumpers pervert the minds of their own adherents.

The only protected class that is actually proscribed by a “lifestyle choice” is the one that’s kuleana of the brainless twits who believe the earth is 6000 years old and that people used to live 900 years and live inside fish.

If they want to warp the minds of those who made the choice to join up, well, we’ll all just have to be tolerant of those who “dare to be stupid”.

NO, PASSOVER IS NEXT MONTH

NO, PASSOVER IS NEXT MONTH: It’s halftime at the Stupidbowl- aka the hurry-up-and-wait 2008 Hawai`i legislative session. when bills "crossover" from one body to the other

Today, after going over the list of all bills that passed, we’ve put together a list of bills that passed the house and senate that either we’ve written about or are of concern to Kaua`i or are otherwise remarkable- in the “able to be remarked upon” sense of the word.

Click on the links for the complete status and click on the bill number when you get there for the text.

This is by no means a comprehensive list and we may have misinterpreted some measures- if so we’d appreciate clarification.

Remarks are below each in bold.

HB128 HD1 RELATING TO ELECTIONS.Elections; Nomination PapersRequires office of elections to create and make available a standard withdrawal and declaration of candidacy form. Requires office of elections to make nomination papers available only until the Friday preceding the filing deadline. Establishes required availability and filing deadlines for nomination papers in the event that no candidates have validly filed nomination papers for an elective office by the original filing deadline. (HB128 HD1)

This is an attempt to fix the broken filing system that exploded in everyone’s faces at the deadline last year. It should help matters.

HB214 HD1 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING AN APPROPRIATION FOR WAILUA EMERGENCY BYPASS ROAD REPAIR AND RESURFACING, AND WAIMEA WASTEWATER TREATMENT PLANT UPGRADES FOR THE COUNTY OF KAUA‘I.General Obligation Bonds; Kaua‘i Capital Improvement ProjectsAppropriates $ in general obligation bonds to the county of Kaua‘i for improvements to the Wailua emergency bypass road and the Waimea wastewater treatment plant. (HB2381 HD1)

We may actually get to use the old cane road from Wailua to Hanama`ulu now although all this does is loan us the money to fix it up.

HB444 HD1 RELATING TO CIVIL UNIONS.Civil UnionsExtends the same rights, benefits, protections, and responsibilities of spouses in a marriage to partners in a civil union. (HB444 HD1)

At least it passed the House so is still alive even though the apparently the gutless wonders in the Senate refused to pull it out of committee.

HB861 HD1 RELATING TO ELECTIONS.Office of Elections; ProcurementExempts the office of elections from procurement code requirements relating to cost or pricing data. Effective 07/01/2020. (HB861 HD1)

Watch out for this one- this is the issue people are suing over in Maui and this actually appears to legitimize an illegitimate process.

HB991 HD2 RELATING TO THE UNIVERSITY OF HAWAII.UH; Loan RepaymentsEstablishes the Hawaii Medical Doctor Loan Repayment Program for University of Hawaii medical school graduates and medical school graduates with training from Hawaii based medical program working in rural areas of the state. (HB991 HD2)

This, not tort reform, is what is really needed to get attract more doctors on Kaua`i neighbor islands and rural O`ahu . It has failed in past sessions.

HB1008 HD1 RELATING TO LAND USE.Land Use; Agricultural Land; SubdivisionProtects and promotes the proper use of Hawaii's best agricultural lands by requiring conditions of approval for subdivisions of agricultural land into smaller lots and farm dwellings, thereby ensuring meaningful agricultural use. (HB1008 HD1)

The amazing part is that they don’t have to do this now.

HB1148 HD1 RELATING TO PUBLIC AGENCY MEETINGS.Sunshine Law; Meeting; Notice; State Calendar; Lieutenant GovernorWith respect to notice requirements for a public agency hearing, requires state boards to electronically file meeting notices on the state calendar rather than in the Lt. Governor's office. (HB1148 HD1)

Finally all agendas for meetings of all boards and commissions will all be available on line if this passes the senate- the Lt. Governor notification requirement has been a joke- an artifact of pre-information age legislation.

HB1212 HD1 RELATING TO INFORMATION PRACTICES.Public Documents; PrivacyDeletes the exception of a record of complaints with respect to government information relating to an individual's fitness for a license, when balancing an unwarranted invasion of a person's privacy against the public disclosure of the record. Effective January 1, 2046. (HB1212 HD1)

Maybe now we’ll actually be able to see complaints- now they go into as black hole making them useless to the general public.

HB1226 HD1 RELATING TO GENETICALLY MODIFIED PLANT ORGANISMS.Genetically Modified Organisms; Preemption; ExceptionsProhibits state administrative regulatory actions and county regulatory actions from banning or otherwise regulating activities related to genetically modified plant organisms, with certain exceptions (HB1226 HD1)

This is the worst bill in the legislature that would ban counties and even the state from regulating GMOs except for the current taro bill on the Big Island.

HB1271 HD3 RELATING TO GOVERNMENT.Food and Energy Security Program Establishment; Ethanol Content RepealEstablishes the Hawaii economic development task force to address Hawaii's energy and food security needs. Increases the tax collected on each barrel of petroleum product sold by a distributor. Allocates portions of the taxes collected to various funds, including the general fund. Suspends for 36 months the requirement that gasoline sold in the State for use in motor vehicles contain 10% ethanol by volume. (HB1271 HD3)

Some good stuff here although another tasks force may be too little too late. The tax on petroleum products to support it is good and the ethanol in gas bill that would be suspended is and always was a bad joke.

HB1273 HD1 RELATING TO ENERGY.Solar Energy; ClotheslinesAllows the use of clotheslines on any privately owned single-family residential dwelling or townhouse. (HD1)

We thought this no-brainer measure introduced by Senator Hooser passed last year but apparently not- there is a senate version that passed too (see below).

HB1422 HD1 RELATING TO ABANDONED VEHICLES.Abandoned Vehicles; Private Roads; CountiesAllows counties to remove abandoned motor vehicles from private roads; requires owners of private roads to request removal in writing before vehicle is considered abandoned; requires private road owner to pay for removal and indemnify county for claims arising from removal and disposal. (HB1422 HD1)

Can’t hurt- the county always refuses to do it now and we have a lot of “private” roads that the county won’t “accept” because they were made too narrow long ago and can’t be widened easily.

HB1436 HD1 RELATING TO AGRICULTURE.Agricultural District; Permitted UsesAmends the permitted uses of land within the agricultural district with soil classifications of A or B to include educational facilities and agricultural appurtenances. (HB1436 HD1)

We’re not quite sure what “appurtenances” are but watch out for this one- it sets up commercial uses on prime ag lands and knowing the vacation rental lobby could enable them on ag land.

HB1495 HD1 RELATING TO STATE INCOME TAX.Hawaii State Income Tax; Repeal Wagering Loss DeductionRepeals the deduction of wagering losses for Hawaii state income tax purposes. (HB1495 HD1)

Another “and this is now legal???” bill

HB1611 HD2 RELATING TO LABELING OF MEAT AND FISH PRODUCTS.Fish; Meat; LabelingRequires gas-treated meat and fish to be labeled as such. (HB1611 HD2)

This would make sure you know that the bright red beautiful ahi and other fish in the supermarket is red because it’s fresh, not because it was gassed with all sorts of crap so it looks that way forever. There is a senate version (below). Quite remarkable in this “don’t ask don’t tell” era of food labeling

HB1663 HD1 RELATING TO TARO SECURITY.Genetically Modified Taro; ProhibitionProhibits the development, testing, propagation, release, importation, planting, or growing of genetically modified Hawaiian taro in the state. Prohibits certain activities related to genetically modified non-Hawaiian taro. (HB1663 HD1)

This is the bad version of the GMO taro ban that only pertains to Hawaiian taro, not other varieties. Apparently the senate version (see below) pertains to all varieties.

HB1763 HD2 RELATING TO THE HAWAII TOURISM AUTHORITY.HTA Repeal; Department of Tourism EstablishmentRepeals the Hawaii Tourism Authority. Establishes the Department of Tourism. Transfers the Convention Center Enterprise Special Fund, Tourism Special Fund, and Tourism Emergency Trust Fund to the Department of Tourism. Renames the Department of Business, Economic Development, and Tourism to the Department of Business and Economic Development. (HB1763 HD2)

The HTA is and always was a joke but then again is using our tax money to promote tourism. Seem the right wing nut pols are all for free enterprise and market self-reliance except when it comes to throwing money at they big campaign contributors

SB93 SD1 RELATING TO CAMPAIGN FINANCING.Campaign Contributions; Preliminary ReportsEstablishes a grace period during which a candidate or candidate's committee may return or refund contributions. Changes 20% contributions cap to an unspecified amount. Effective 7/1/2050. (SD1)

Speaking of Incumbency Preservation Acts, here’s another courtesy of Senator Hamabusa. This would allow pols to use illegal contributions as a slush fund loan until long(er) after they’ve been re-elected when they can collect more money as re-elected incumbents.

SB133 SD2 RELATING TO UTILITIES.Utilities; Lifeline Electricity Rates; PUCRequires the public utilities commission to implement a program to achieve lifeline electricity rates for qualified residential electricity customers. (SD2)

For the working poor this would be a god send to keep the lights on- something really needed on Kaua`i with out highest in the world rates... which are scheduled to increase soon.

SB153 SD1 RELATING TO PUBLIC ACCESS.Public AccessRequires state and county agencies to ensure that a public right-of-way is available prior to the approval of any development project, subdivision, or zoning change. (SD1)

Even though the county has a provision like this (although some are still under the impression we don’t) they don’t always enforce it. Maybe another law at the state level will help.. yeah, right.

SB350 SD1 RELATING TO USE OF FORCE.Self-Defense; Deadly Force; Duty to RetreatPermits the use of deadly force by the resident of a dwelling against a person not lawfully in the dwelling who uses force against the resident. Expands the exemption from the duty to retreat from the home and workplace to any place where the actor may lawfully be present. Effective July 1, 2050. (SD1)

We’ve all heard the story on Kaua`i about how the cops used to tell people if you shoot someone in your yard you’d better drag him into your house if you don’t want to go to jail. Now you won’t have to.

SB468 SD1 RELATING TO COASTAL ZONE MANAGEMENT.Shoreline SetbackRequires affected agencies to account for sea level rise and minimize risks from coastal hazards such as erosion, storm inundation, hurricanes, and tsunamis. Preserves public access and public shoreline access. Extends shoreline setback to not less than forty feet from shoreline and requires counties to account for annual erosion rates. (SD1)

Sounds good. Any help we can get in prodding the council to pass a decent setback law can’t hurt.

SB474 SD1 PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 6, OF THE HAWAII CONSTITUTION, TO CLARIFY THE GUBERNATORIAL APPOINTMENT PROCESS.Department Heads; Boards and Commissions; AppointmentsAmends article V, section 6, of the state constitution to clarify the appointment process for department heads and members of boards and commissions by requiring the Governor to nominate successors within the time limits required by law. (SD1)

This would codify the recent supreme court ruling although it’s unclear how long they’ll hold their breath and turn blue if the gov doesn’t do it.

SB635 SD1 RELATING TO STATE PARKS.Office of Hawaiian Affairs; State Parks; Kahana ValleyTransfers jurisdiction and management of Kahana valley from the department of land and natural resources, parks division, to the office of Hawaiian affairs. (SD1)

Bad DLNR- no jurisdiction for you after trying to kick the Kahana family out of Kahana valley.

SB643 SD2 RELATING TO PUBLIC LANDS.DLNR; DHHL; Transfer of Management; Kahana Valley State ParkTransfers management of Kahana valley state park from the department of land and natural resources to the department of Hawaiian home lands. (SD2)

Or management if that’s not covered under jurisdiction.

SB638 SD2 RELATING TO PUBLIC LANDS.Kahana Valley State Park; Eviction MoratoriumEstablishes a two year moratorium on evictions of residents from Kahana valley state park; establishes the planning council to create and implement a living park master plan for Kahana valley state park. (SD2)

And don’t try to evict them before the jurisdiction transfers- we’ve seen Laura Thielen’s handiwork.

SB639 SD1 RELATING TO PUBLIC LANDS.State Parks; Residential Leases; Planning CouncilAuthorizes the department of land and natural resources to issue residential leases in state parks; establishes a planning council to monitor compliance with the leases. (SD1)

This would takes away DLNR’s excuse for not renewing the Koke`e leases.

SB646 SD1 RELATING TO PUBLIC ACCOUNTABILITY.Public Accountability; Executive Decisions; TransparencyAmends the governor's power to unilaterally limit appropriations that were previously approved by the legislature to require the governor to explain in writing any decisions to reduce, withhold, or otherwise limit appropriations approved by the legislature. (SD1)

Another “or we’ll hold our breath until we turn blue” measure. How putting it in writing will help is anyone’s guess but it would take a constitutional amendment to take away this uniquely Hawai`i method of funding distribution where the governor gets two bites of the apple the second to which there is no check or balance.

SB654 RELATING TO VOTING.Voter Registration; Election Day RegistrationAllows election-day voter registration.

It’s about time- lots of other states have same day registration why can’t we. Oh, yeah-we forget about that Incumbency Preservation Act.

SB667 SD2 RELATING TO WHISTLEBLOWERS' PROTECTION.Employment Practices; Whistleblowers' Protection Provides additional protection to public employees who report violations of the law, and other improper activities such as waste, gross misconduct, incompetence, or inefficiency. Expands the DLNR's responsibilities regarding whistleblowers. (SD2)

Anything that helps encourage county employees to expose the every day corruption they encounter will help.

SB709 SD2 RELATING TO AGRICULTURE.Genetically Engineered Organisms; TaroProhibits the development, testing, propagation, release, importation, planting, or growing of genetically engineered taro in the State of Hawaii. Effective 7/1/50. (SD2)

This is the good one- it seemingly refers to all taro not just the Hawaiian variety.

SB786 SD1 RELATING TO HISTORIC PLACES.Historic Places; Trespass; Property DamageMakes the entering or remaining unlawfully on property listed in the Hawaii register of historic places after warning or request to leave, an offense of criminal trespass in the first degree. Makes the intentional or knowing damage to property on the Hawaii register of historic places an offense of criminal property damage in the first degree. (SD1)

This is to keep Hawaiian sovereignty groups off `Iolani Palace grounds- another nail in the genocide coffin.

SB906 RELATING TO PUBLIC MEETINGS.Sunshine Law; Testimony; Quorum; MeetingsExpands ability of a board or commission to facilitate public meetings through available interactive conferencing technology.

Any sunshine law amendment sends up a red flag. But actually this is a good bill- it would allow councilmembers, for instance, who are away on county junkets to attend and officially participate in meetings via teleconference so they don’t have the “I wasn’t there” excuse and bills don’t spend forever in committee waiting for all the members to be there.

SB1058 SD2 RELATING TO CONTROLLED SUBSTANCES.Controlled Substances; Diversion; TreatmentDirects the attorney general to coordinate a review of the impact of diverting marijuana and low-level felony drug offenders out of the criminal justice system into treatment. (SD2)

This unfortunately seems to be the only bill from the cannabis reform package to survive. Not that we think the Attorney General is at all competent to do a fair job.

SB1083 SD1 RELATING TO BURIAL SITES.Burial SitesIncludes additional native Hawaiian organizations for the DLNR to consult with to determine whether a burial site should be preserved in place or relocated and to develop a list of candidates for the burial councils. (SD1)

It’s not the bill that’s really needed because it doesn’t empower the burial councils as everyone, including Judge Wantanbe seems to want. But it can’t hurt to have more groups to participate in the “advisory” process.

SB1085 SD2 RELATING TO CEDED LANDS.Ceded Lands; Public Land Trust; ManagementProhibits the sale or transfer of ceded lands until the unrelinquished claims of the native Hawaiian people are resolved, reconciliation between the State and the native Hawaiian people is no longer supported, or until December 31, 2014, whichever occurs first; establishes a process for the sale or transfer of ceded lands, to be implemented only when one of the foregoing conditions occurs. Effective 7/1/50. (SD2)

Great bill- exactly what’s needed to overturn any US Supreme Court ruling...except for that little detail of a “defective effective date” of 2050.

SB1088 SD2 RELATING TO PUBLIC ACCESS.Public Property; Beach and Shoreline AccessAmends definition of obstruction for access to public property. Creates a private right of action for a person to enforce the prohibition of obstruction. (SD2)

Wow- allowing private action to enforce obstruction of public access. This sounds too good to actually pass.

SB1122 SD2 RELATING TO PUBLIC EMPLOYMENT.Public Employment; Exempt Civil ServiceAmends various sections of the HRS to comply with Act 253, Session Laws of Hawaii 2000, which places restrictions on the creation of civil service exempt positions and requires an annual review of exempt positions to determine whether they should be converted to civil service positions. (SD2)

Less civil service exemptions equals less opportunity for Kaua`i style patronage system corruption

SB1215 PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION RELATED TO RESIDENCE REQUIREMENTS FOR MEMBERS OF THE LEGISLATURE.Elections; Candidates; Residency RequirementsAmends the state constitution to require candidates for the state senate or house of representatives to be a resident of the legislative district from which the person is a candidate for not less than twelve consecutive months prior to the general election.

Another Incumbent Preservation Act- at least we get to vote it down in November although a lot of knee jerk ditto heads will probably vote for it.

SB1265 SD1 RELATING TO LABELING OF MEAT AND FISH PRODUCTS.Fish; Meat; LabelingRequires truthful labeling of meat and fish that has been gas‑treated. (SD1)

The companion to the house “red ahi” gassing bill cited above.

SB1318 SD1 RELATING TO PLANNING AND ECONOMIC DEVELOPMENT.Coastal Zone Management; State Planning; RepealRepeals the chapters relating to coastal zone management and state planning, and transfers the authority and functions of the office of planning to DBEDT. (SD1)

Check that- THIS is the worst bill of the year- it would repeal Sect 205(A) and with it the shoreline management area rules.

SB1338 SD2 RELATING TO HOUSEHOLD ENERGY DEMAND.Solar Energy, Clotheslines, Household Energy DemandAllows for the use of clotheslines at any privately owned single-family residential dwelling or townhouse. Allows reasonable restrictions on the use of clotheslines for aesthetic purposes. (SD2)

Companion to the house bill cited above that we thought passed last year.

SB1621 SD2 RELATING TO COLLECTIVE BARGAINING.Collective BargainingProvides a union representation privilege to protect the functions of the union as an exclusive bargaining representative to allow the union to perform its role in negotiations and contract enforcement; allows certification of union representatives through a card-check authorization; requires collective bargaining to begin upon union certification; sets certain deadlines for initial collective bargaining agreement procedures and conciliation of disputes; sets civil penalty for unfair labor practices; extends certain authorities to labor organizations representing employees for collective bargaining; allows labor disputes to be defenses against prosecution for certain violations of law. (SD2)

This is the good “card check” bill allowing unions to form with enough signatures. Now it’s up to the house.

SB1645 SD1 RELATING TO STATE BUILDING CODE.State Building Code; BambooDirects the state building code council to review studies and structural tests of bamboo as a construction material, and to recommend standards and criteria for the use of bamboo as an accepted construction material. (SD1)

Bamboo is the natural strongest building material in the world and is legally used almost everywhere- except Hawai`i. People have been trying to get this passed for years- maybe this is the one. but don’t count on it with the lumber lobby desperate to keep their tree murdering business alive.

SB1661 SD1 RELATING TO PUBLIC AGENCY MEETINGS.Public Agency Meetings; Board MembersClarifies permissible attendance and procedures for board members to attend meetings of other boards, departments, agencies, and hearings of the legislature. Effective 7/1/2050. (SD1)

This again is a Sunshine law revision but a good one. It clarifies that members of councils for instance can attend other meetings as long they don’t participate and report it. It will again take away a common excuse to try to change the law in a more fundamental manner as the councils want to do.

SB1675 SD2 RELATING TO RENEWABLE ENERGY.Net Energy Metering; Renewable Energy; Electricity; Public Utilities CommissionPermits existing net metered customers to remain with net metering program once alternative credits or compensation mechanisms are created. Prohibits electric utility from unreasonably denying, burdening, or delaying net energy metering contracts. (SD2)

The utilities- KIUC included- have been intent on throwing up obstacles to individuals generating and selling excess alternative electricity back to the company. This seems to tell them to cut the crap. Thank you Mina.

SB1677 SD1 RELATING TO LANDS CONTROLLED BY THE STATE.Ceded Lands; Public Lands; SaleRequires two-thirds majority vote of the legislature to adopt a concurrent resolution to sell or exchange certain public lands. (SD1)

Oh you bad governor, trying to sell the Hawaiian’s land. Only WE can do that.

A QUICK ONE WHILE HE’S AWAY

A QUICK ONE WHILE HE’S AWAY: One of the hallmarks of a good con game is misdirection. On the street-corner of course there is no pea under any shell because the hand is only quicker then the eye if the eye is distracted at a crucial moment.

And in the legislature while thousands are distracted by the civil unions bill the other measure we mentioned yesterday- the one to open the flood gates to corporate cash for politicians- has received little if any attention..

The Sierra Club finally woke up to this sleight of hand, sending out an appeal to it’s members this morning to contact legislators to try to kill off the outrageous attempt to open the spigot of corporate cash via House Bill HB 539.

Citing a Feb 22 Honolulu Star-Bulletin Editorial they told members that

With all of the recent attention on “clean” elections, ethics, and money in politics, HB 539 is a huge step in the wrong direction.

and asked they write and say to their reps

What does campaign finance reform have to do with Hawaii’s environment? Plenty! When campaign contributions influence how elected leaders vote on environmental policy, the environment usually loses. Many of the largest campaign contributors in Hawai`i have a significant impact on the environment, such as the utilities, oil companies, and developers. That’s why I am opposed to HB 539, which would allow corporations to give an unlimited amount of money to Political Action Committees.

But the biggest bombshell was Dave Shapiro’s column in today’s Honolulu Advertiser where he referred to House Judiciary Committee Chair Jon Riki Karamatu as “Cal Kawamoto Jr.”

For those who don’t remember Kawamoto he was the Chair of the Senate Judiciary Committee who was charged with all sorts of fundraising and financial mischief and was the reason that “CleanElections” reforms died in the legislature for almost a decade until he was dumped by voters fed up with his self-serving paternalism.

The column contains the best brief description of the specifics of history and dangers of the bill we’ve read yet saying the Bill would:

increase the limit on corporate PAC contributions from $1,000 to $25,000 per election, but ended up approving unlimited corporate donations...

Legislative leaders claim their passage of the $1,000 limit on corporations in 2005 was inadvertent, but reformers like Sen. Les Ihara say that alleged mistake was "the most significant campaign reform legislation in the last two decades."

The bill would also repeal the ban on out-of-state contributions, some say to allow Congressman Neil Abercrombie to fill his war chest for his reported run for governor in 2010.

Shapiro then describes Karamatsu’s rational as “outrageous reasoning”. and describes his “rambling lecture to Barbara Polk of Americans for Democratic Action Hawai`i.”

Shapiro writes

Lawmakers usually defend special-interest campaign donations by piously citing the free-speech rights of the special interests.

But Karamatsu defended legislators' rights to collect more corporate money — and for uses other than campaigning.

Karamatsu said, "The costs (are) rising. I mean all of us here know what it is like ... it costs thousands of dollars to just do mailings. Those costs have gone up extraordinarily."

Nonsense. Campaign spending is already too high. A study of the 2006 election by the Campaign Spending Commission found that winning House candidates spent a hefty average of $40,000 and winning Senate candidates spent $80,000.

The big bucks are easy for incumbents to raise from special interests and a major barrier to challengers — a big part of the reason 40 percent of incumbent legislators ran unopposed in 2008 and most of the rest had only token opposition.

Such lack of accountability at the polls is exactly why legislators feel free to enrich themselves with impunity by taking 36-percent pay raises while the rest of the community sucks it up, and pursuing more corporate cash that will make it even harder for challengers to take them on.

Karamatsu said legislators need more corporate money so they can donate more to their political parties and district charities....

Karamatsu invoked fond memories of discredited former Sen. Cal Kawamoto, who was cited by the Campaign Spending Commission for buying votes with charitable donations, among other violations, and then tried to pass legislation limiting the commission's oversight of legislators.

"You guys put pressures ... on how much we can give to nonprofits. If not, we get busted like Cal Kawamoto," Karamatsu griped. "Every time we're getting sex-abuse fundraising letter and domestic violence fundraising letter ... He helped all these kids, and he got blasted for it. You're tying our hands on what we can do here."

The “outrageous” part of all this is that is it a rationale for the insanely corrupt practice of in Hawai`i where pols are allowed to collect campaign contributions and then turn around and give unlimited amounts to “community groups”- especially those that get out the vote for them.

This Chicago-style, practice of out-and-out vote buying was the reason Kawamoto was dumped and it again raises the question of what the ditzy Karamatsu is doing in the Judiciary Chair, especially in light of some of the bizarre pseudo new-age/Buddhist religious rambling at his blog where he also complained about being strong-armed by Honolulu Prosecutor Peter Carlisle earlier in the session before removing the post after it drew a lot of attention in various blogs..

HB 539 Draft 1 was passed out of Karamatsu’s committee and is up for second and third reading after tomorrow’s five day recess and before the Match 12 “crossover” of bills to and from the senate.

THE OLD SWITCH-A-ROO

THE OLD SWITCH-A-ROO: This is the time of year in Hawai`i when the mausoleum for dreams of social economic and environmental justice and good governance is open for business.

The legislature is in session and no good idea is too good to be tortured into a bizarro-world semblance of its original virtue.

Sometimes it’s because troglodytic pitchfork and torch-wielding bumpkins, whipped into a frenzy, descend on the decision makers- as they are doing as we write- because they don’t want to let others be as or more miserable than they are in their abusive and loveless marriages where they abuse their children by sending them to church to learn how to hate.

But most of the time it’s those “leaders” who sell the rest of us down the river by compromising away what both they and their followers wanted in the first place, selling us a “diamonelle” and calling it a gem..

Even though we spent yesterday ridiculing the bible-thumping bigots, we have to remember that the civil union bill HB 444 is already a mockery of the civil rights that those who support it really envisioned.

Before the red-shirted, wide-eyed handful of dogmatic hypocrites descended on the capitol we had already lost the battle because those who would protect the rights of same-gender couples had already given up on the true equality that only a repeal of the legislature’s ban on equal marriage rights for all can provide.

Now mind you we don’t really understand the need people have for obtaining paperwork to prove they love someone else- it’s a remnant of medieval society that really has no place in the 21st century.

If the government is going to grant licenses for anything the only important thing is that they be subject to equal protection under the law. Yet our own progressive leaders have already given up before we began by telling the rest of us to sit down shut up and support their poor substitution for social justice.

But this isn’t the only issue that’s had it’s heart torn out by our supposed allies.

A bloggers’ battle royal is brewing over Ian Lind’s usual bent toward losing the battle before it has begun- especially on issues like campaign finance reform- after Disappeared News’ Larry Geller dared to expose the shibai Lind has been promoting lately supporting a series of bills that would actually cause a flood of corporate money to fill politician coffers by repealing restrictions that are in place now.

The “that is better than this and we’ll never get that so we should settle for something else” pap has been a theme of Lind’s on this and many other issues for years but never more than in his apparent longstanding opposition to meaningful public financing of elections.

Recently he’s even not just been campaigning against fully eliminating corporate contributions to political campaigns he’s actually supporting a bill to increase corporate cash

Lind, the self professed progressive who actually headed Common Cause Hawai`i in the early 80’s, has somehow become a leading voice in whittling away at reforms before they even get started by accepting unacceptable compromises.

He’s been keeping up a cockamamie thread for over a year now about how the pilot program of full public financing of elections on the Big Island violates a somewhat unrelated U.S. Supreme Court ruling even after we pointed out the differences between the Big Island law and those that were struck down.

(The ones struck down all restrict the amounts non-participants can collect while the local measure only increases the amount publicly financed participants get based on what the others collect)

We finally gave up on challenging him- as we did last year- when he reinstated his bafflingly devoid-of-reality rant again recently but when Geller sort of called him out- without even mentioning his name or blog- Lind apparently blew a gasket.

Geller reiterated his stance today which somehow didn’t rise to Lind’s snooty Honolulu-kama`aina-family standards or bow to his usual mainstream corporate journalism embrace.

He attacked Geller for writing a “diatribe” that “abandoned any pretense of thoughtful analysis of campaign finance issues and instead waded into a swamp of name calling and crudely overstated political stereotypes.”

What the heck Lind is referring to is anyone’s guess. Geller’s original piece is well researched and simply rightly ridicules those in the legislature who want to pad their campaign coffers and increase corporate influence.

Lind’s personal and passive-aggressive attack on Geller was the only thing in all of it that could be called name calling but is typical of the lack of depth he exhibits every day, usually substituting a quick google search for substance and analysis.

Geller, as usual, beat us to the punch in his articulation of what kind of crap the legislature is pulling, calling it their “own stimulus bill” but apparently the somewhat prissy and proper Lind has some weird kind of axe to grind that causes him to be one of those who lose our battles before they commence.

And besides- if Ian’s characterization of Larry’s piece were accurate we’d be the first to complain...name calling, diatribes are our kuleana.

Another well known compromiser of rights- as usual the rights of the very people it purports to represent- the Office of Hawaiian affairs was also torn another new one today by Dave Shapiro

In his blog he asks what the heck OHA is doing supporting bills that are held out to stop the state’s “ceded land” grab but actually do so by acknowledging the very principle of ownership-by theft by giving the legislature the right to approve, by a 2/3 margin, the sale of the lands

Another bit of bitter baloney is how the anti-GMO groups have joined those with this kind of unfathomable need to abandon-the-war-to-fight-a-skirmish by dropping efforts to ban frankenfoods- or even restrict or label them- but rather jumping on the bandwagon to ban only GMO taro.

That leaves active measures in the legislature- like the bills that would not just protect corporate interests in despoiling what we eat but even possibly ban the counties from prohibiting them as some have contemplated- orphans that could stealthily slip through to passage.

We have met the enemy and he is, if not us certainly a close approximation.

2009: THE YEAR OF CANNABIS REFORM

2009: THE YEAR OF CANNABIS REFORM: Though most would have no idea amidst the mainstream media coverage of various and sundry “silly season” bills introduced at the legislature this year, a package of bills of the utmost seriousness for many is on the agenda..

It’s marijuana reform year (stop giggling) for both medical users and those who have suffered under the insanely draconian- and costly- recreational use laws in Hawai`i.

We fully expect the law enforcement and prosecutorial community to continue their fear-based and fact-lacking crusade to try to stop the sanity.

If the example of what happened on the Big Island when the voters dared to instruct their police department to make enforcement of marijuana prohibition laws the “lowest priority” is any indication, the constabulary has obviously been watching Reefer Madness too many times.

And since they’ll be there we have to be there too.

Eight great bills have passed first reading so far and three are essential to reform the uniquely cruel medical marijuana laws in this state.

The first and most important is one that would put regulation where it belongs- in the Department of Heath instead of the Department of Public Safety where it’s been since the legislature passed the measure a few years back

HB 967 (click here now and throughout the session for status) is assigned to the Public Safety, Heath, Judiciary and Finance committees. It:

Amends the term "medical marijuana" to "medical cannabis"; transfers the administration of the program from the department of public safety to the department of health; authorizes a registration fee of $50; establishes the medical cannabis advisory board; provides for the department of health to license producers to dispense medical cannabis.

The absurd practice of administering the program in a department where the leaders oppose the program has led to things like the ”accidental” release of the list of all the names of participants to a Big Island media outlet and the provision of the list to local police departments rather than having local law enforcement ask whether or not a specific patient is permitted to use cannabis.

Another farce that would end- this one if Bill HB1194 (Status) is passed- is the one that forces patients who need their medicine to illegally purchase it if they can’t grow their own- something difficult for the debilitated and chronic pain patients and something impossible for people who are diagnosed with cancer and start chemotherapy the next day- one of the most common types of users of medical cannabis..

It has also been referred to the Public Safety, Heath, Judiciary and Finance committees and

Requires department of health to grow, manage, operate, and dispense medical marijuana collectives to qualifying patients. Requires department of public safety to provide security for marijuana growing facilities and for transportation of marijuana. Limits each qualifying patient to 1 caregiver. Allows no more than 4 ounces of marijuana to each patient for every 30 calendar days.

The third medical bill HB226 (Status) referred to the Public Safety and Judiciary committees would increase the amounts patents can possess and stops the illegal sharing of medical information that current practice allows along with protecting the location of growing sites from prying eyes. It

Allows a qualifying patient to possess 12 marijuana plants and 7 ounces of marijuana at one time. Prohibits identification of the site where marijuana is grown on a registry card. Prohibits a certifying physician from naming a patient's particular debilitating condition. Allows a caregiver to grow marijuana for no more than 5 patients.

But if the prohibitionists ridiculous attempts to deny sick people medicine is cruel and inhuman their rabid irrational persecution of recreational users is not just over the top but is one of most costly boondoggles in American history.

While real felons roam free due to an acknowledged lack of resources and drunks beat their families and drive off to the next drive-in liquor store, we spend precious dollars on prosecuting otherwise law-abiding pot smokers’ use of an innocuous herb

There are five bills that would rein in the law enforcement zealots.

The first three contain three different ways to decriminalize marijuana use

HB190 (Status) in the Judiciary Committee

Reclassifies possession of less than one ounce of marijuana from a petty misdemeanor to a violation.

HB227 (Status) is also in the Judiciary Committee and

Decriminalizes possession of less than 1 ounce of marijuana and makes the possession a civil violation subject to a fine of not more than $100. Jud

HB1192 (Status), in the Public Safety Human Services. Judiciary and Finance committees,

Makes the possession of less than one ounce of marijuana a civil offense and imposes fines. Requires persons under eighteen years of age against whom a civil judgment is entered to complete a drug awareness program.

The final two make it clear that we are a society where the people make the laws and determine the punishment and the police and prosecutors enforce them- a concept of civilian control over our paramilitary law enforcement agencies that some of them seem to forget.

The first would mirror that Hawai`i Island “lowest priority” provision and make it a statewide mandate

HB1193 (Status) is in the Judiciary and Finance committees and

Provides that the enforcement of laws related to the personal use of marijuana by adults shall be the lowest law enforcement priority for state and local law enforcement agencies.

The last one would bring some sanity to the idiotic “lock ‘em up and throw away the key” policy for both marijuana and low-level felony drug “offenders”

HB308 (Status) in the Judiciary, Public Safety and Finance committees

Directs the attorney general to coordinate a review of the impact of diverting marijuana and low-level felony drug offenders out of the criminal justice system into treatment.

Most of the bills were introduced by House Public Safety Committee Chair Faye Hanohano and Maui Rep. Joe Bertram, and many have support from Speaker Calvin Say, Majority Leader Blake Oshiro and Judiciary Chair Jon Riki Karamatsu – Say even introduced a couple “by request”.

But if these bills are to have any chance we need to let the chairs of the committees know NOW that we are eager for them to schedule hearings on them and let the committee members know of our support.

This could be the year, especially if we remind the legislature of the many millions wasted to interdict, arrest, prosecute and jail both sick people and those who might enjoy an evening of a less radical, more peaceful form of relaxational imbibment than the often-violent alcoholics do.

Check out the full list of committees and their members and write them an email today.

Note: We’re gonna try to set up “Actions at the Legislature” box on the left to track the bills we write about this year so look for it as soon as we can figure out how to do it.