Tag Archives: Hawaii State Legislature

Second look: Sand Island Business Association–Money & Politics

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Officers and directors of the Sand Island Business Association contributed over $225,000 to a variety of political candidates and elected officials between 2006 and 2012, according to data from reports filed with the Campaign Spending Commission. The contributions came as they were trying to generate political pressure to force the Department of Land and Natural Resources to agree to a deal giving them fee-simple title to the 70 state-owned acres that make up the Sand Island Industrial Park.

It looks a lot like the same “make friends and rent influence” tactic SIBA used 25 years ago when it lobbied to obtain control of the property through a master lease and major financial concessions from the state, although at that time their actions were more flagrant and contributions more concentrated on key officials.

My weekly “Hawaii Monitor” column in Civil Beat last week highlighted the group’s latest lobbying effort, again aimed at securing the fee simple title (“Business Group Presses For Sand Island Land Swap“).

SIBA provides a good example of money and politics, but when I wrote that column last week, I hadn’t yet had a chance to check SIBA’s recent campaign activities. I finally got around to it over the weekend.

I started with a list of SIBA officers and directors from the state’s online business registration records.

NOHARA, RODNEY 

KOBATAKE,JAMES 

KIM, RODNEY 

KINOSHITA, ROBERT N 

KANESHIRO, CLYDE T 

ARAKAKI, WALTER Y 

NOHARA, GLENN M 

TEVES, NICHOLAS W JR 

BORJA, JUAN S JR 

MUDD, RITCHIE N 

I then jumped over to data.hawaii.gov, the state’s new data portal, data.hawaii.gov, which includes a searchable database of “Campaign Contributions Received By Hawaii State and County Candidates From November 8, 2006 Through December 31, 2012.”

Then it was just a bit of copying and pasting to search for contributions by each director and then combine them, finally ending up with these totals.

In addition, members of the SIBA board gave $15,000 to the Democratic Party of Hawaii during the 2012 election, and one director gave $17,500 to the National Republican Senatorial Committee. And they combined to donate over $45,000 to federal campaigns of Hawaii candidates for Congress and U.S. Senate, both Republicans and Democrats.

I doubt these totals are complete, since I didn’t go the next step to track contributions made directly by the businesses owned by SIBA directors.

As far as I can see, there’s nothing illegal in this show of political influence or the attempt to pass narrow, special interest legislation. But heeding the axiom, “Follow the money,” would in this case be a good idea.

Bill would make public employment a zone of secrecy

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And away we go!!

The 2012 session of the Hawaii State Legislature started yesterday, and tomorrow morning the first bill that would hammer away at the public’s right to know will have a public hearing before the House Committee on Labor & Public Employment. The hearing is scheduled for 10:05 a.m. – 12:00 p.m. in Conference Room 309.

HB 1356 was introduced last year by Rep. Karen Awana but died without a hearing. If passed into law, the bill would mean we would no longer know much of anything about people on the public’s payroll.

The bill is certainly not the first bid to limit information about public workers, but it could be the most ambitious.

Public testimony should urge Committee Chair Karl Rhoads to stop this bill now and support the need for openness and accountability in public employment.

Thanks to Nikki Love of Common Cause Hawaii for calling attention to the bill and the upcoming hearing.

The bill would shield even the most basic information, the names of public employees, from disclosure.

Here’s what else would be rendered state secrets under this bill:

• business address

• business telephone number

• job description

• education and training background

• previous work experience

• dates of employment

• position number

• type of appointment

• occupation

• bargaining unit

• employing agency, department, division, branch, office, section, etc.

• island of employment

The only information deemed “public” would be a job title and associated salary range.

The bill’s introduction says it is in reaction to Civil Beat’s requests for public information about public employees, and subsequent publication of employee rosters and salaries.

Although the bill refers to the possible increased risk of identity theft, none of the published information was of the detailed and personal nature that would contribute to such a risk.

Testimony on HB 1356 can be easily submitted online.

What have they been up to at the capitol this session?

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It’s been strange not being at the legislature this session for the first time in quite a while. I worked as a session staffer for the past five years, and made a point to keep close to the political gossip before that, even while not reporting on politics. But this year other things intervened (like some part-time work that occasionally allows me to help pay for cat food and some of the vet bills), so I’ve been reduced to the status of a regular citizen trying to follow events at the capitol from a great distance.

It has been my experience that Hawaii’s legislature is quite accessible, but taking advantage of that requires immersion in the process during the session. If you can’t devote substantial time to the process and understanding both the players and the plays, then you’re limited to being a casual (although interested) observer. And I’ve had to reconcile with being in that position this year.

But, with the session winding down, I decided to take a look at what has passed so far and see what jumps out at me. It’s simple–the list of bills that have been passed by the legislature this year is available with one click.

Here are some of the bills that caught my eye so far. Remember, there will be a flood of additional measures before they finally adjourn.

HB112 HD1 
RELATING TO CABLE TELEVISION SYSTEMS. 
Cable Television Systems; PEG Access Organizations 
Allows the Director of Commerce and Consumer Affairs to designate an access organization to oversee public, educational, and governmental channels on cable television. Effective July 1, 2011. (HB112 HD1)

What a difference a new administration makes! The state declared war on public access providers several years ago, and came close to revoking the contracts of existing providers. There has been a strong implication that one motivation has been to clamp down on dissent expressed via public access programming, using state procurement law as a weapon against free speech. This bill, backed by the the existing access providers, Media Council Hawaii, and others, seems to clear away that history. The fact that the new director of DCCA, the department where the cable television division is lodged, comes from Honolulu’s PEG provider undoubtedly helped, as does Governor Abercrombie’s history (back in about 1989) as a member of the founding board of Olelo Community Media, Honolulu’s access provider.

HB389 HD3 SD2 
RELATING TO LAND USE. 
Land Use; Heeia Community Development District 
Establishes the Heeia community development district in Koolaupoko, Oahu. (SD2)

Any time I see the word “development” in the context of something on our side of the island, I get worried, but in this case I’m hoping it’s okay. This from the Senate commitee report.

“Your Committee finds that in March 2010, a thirty-eight-year lease for the Heeia wetlands was granted by the Hawaii Community Development Authority to the nonprofit corporation Kakoo Oiwi. The establishment of the Hawaii Community development district will help Kakoo Oiwi fulfill its goal of restoring the wetlands, eliminating invasive species in the area, and establishing an agricultural and educational center that will contribute to the community at large.”

HB546 SD1 
RELATING TO CIVIL RIGHTS. 
Civil Rights; Nondiscrimination; Gender Identity 
Prohibits discrimination on the basis of gender identity or expression as a public policy matter and specifically with regard to employment. (SD1)

Another one of those “what a difference a new governor makes!” moments.

HB827 HD1 
MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE LEGISLATURE, THE AUDITOR, THE LEGISLATIVE REFERENCE BUREAU, THE OMBUDSMAN, AND THE ETHICS COMMISSION. 
Legislative Appropriations 
Appropriates funds to provide for the expenses of the Legislature, Auditor, Legislative Reference Bureau, Ombudsman, Ethics Commission, and the Legislative Broadcasting Program. (HB827 HD1)

I need some additional context here, such as whether these are increases or decreases over existing funding levels. Trends are more important than the budgeted figures. Oh, well, another bit of digging to do.

HB1035 HD1 
RELATING TO EMPLOYEES’ RETIREMENT SYSTEM BENEFIT ENHANCEMENT MORATORIUM. 
Employees’ Retirement System; Moratorium on Benefit Enhancements 
Institutes a moratorium on the enhancement of Employees’ Retirement System benefits until the system’s funded ratio is one hundred per cent. (HB1035 HD1)

This bill essential prevents the ERS from improving retirement benefits at any point without legislative action to amend this provision. Of course, there’s wiggle room here because of the question–When does a change in benefits amount to an “enhancement”?

HB1067 HD1 
RELATING TO THE TRANSFER OF YOUTH TO AN ADULT CORRECTIONAL FACILITY. 
Youth; Transfer to Adult Correctional Facility 
Repeals the authority of the Executive Director of the Office of Youth Services to transfer youth committed to the Hawaii Youth Correctional Facility to adult correctional facilities for disciplinary or other reasons. Effective July 1, 2011. (HB1067 HD1)

This is an administration bill necessary to bring the state into compliance with federal requirements to keep juvenile offenders from being mixed into adult prison populations. But it leaves me wondering–was the authority to transfer kids to the adult system for disciplinary or other reasons exercised in the past? What were the circumstances? Accountability is hard to come by because of confidentiality surrounding juvenile offenders.

HB1087 HD1 
RELATING TO PUBLIC SAFETY. 
Relating to Public Safety. 
This measure amends section 353-61, Hawaii Revised Statutes, to delete the Hawaii Criminal Justice Association from the panel to nominate members of the paroling authority since the association no longer exists. (HB1087 HD1)

This is really a sad commentary on the demise of an organization that was trying to professionalize and improve Hawaii’s criminal justice system. So while the budget for imprisonment has been soaring and the number of people behind bars going out of sight, one of the only organizations looking to improve the system was allowed to die. Here’s an interesting story about the Hawaii Criminal Justice Association back published back when things were looking more hopeful.

HB1376 SD1 
RELATING TO EVIDENCE. 
News Media Privilege; Evidence 
Extends the limited news media privilege against the compelled disclosure of sources and unpublished information to 6/30/2013. Reporting requirements for the judiciary. Effective 6/29/2011. (SD1)

Too bad that the legislature agreed to defer to the Judiciary on this, without any evidence of any problems.

SB98 SD2 HD1 CD1 
RELATING TO WATER CARRIERS. 
Public Utilities Commission; Water Carriers 
Requires public hearings subject to specified notice requirements before Public Utilities Commission (PUC) approval of a water carrier’s certificate of public convenience and necessity (CPCN); specifies required findings for a CPCN; requires posting of documents on PUC’s website. (CD1)

I bet there’s a story or two behind this bill.

SB675 SD1 
RELATING TO STUDENT LOAN FUNDS. 
Student Loan Funds; Secondary Market Services Corp. – Hawaii 
Repeals state authorization to allow a private not-for-profit corporation to acquire student loan notes. (SD1)

“Ditto.”

SB698 SD2 HD1 
RELATING TO ROADWAY MATERIALS. 
Roadway Materials; Recycled Glass Content Requirements 
Clarifies that state agencies may purchase roadway materials with a minimum recycled glass content. Allows use of minimum glass of ten per cent crushed glass aggregate in all basecourse and subbase. (SB698 HD1)

So who makes money from sales of crushed glass? Is this simply a boost to recycling, or a benefit for specific suppliers?

SB1233 SD2 HD2 
RELATING TO THE SOLICITATION OF FUNDS FROM THE PUBLIC. 
Charitable Organizations; Solicitation of Funds from the Public 
Amends Chapter 467B, Hawaii Revised Statutes, to allow service of process by substitute service, allows the Attorney General to accept assurances of discontinuance and to issue cease and desist orders for violations of the law, amends and clarifies the charity registration exemptions, clarifies the time period for the filing of a charity’s annual financial report, and amends filing fees. (SB1233 HD2)

Apparently part of the AG’s ongoing effort to get a grip on the nonprofit sector.

SB1286 SD1 
RELATING TO THE BUDGET. 
Relating to the Budget 
Appropriates funds in fiscal year 20102011 for staffing the offices of the governor and the lieutenant governor from January 2011 through June 2011. Appropriates funds for deputy and deputy’s secretary in specified departments.

Follow the money, or so they say.

SB1484 SD1 HD2FFF 
RELATING TO INSURANCE. 
Insurance; Fraternal Benefit Societies 
Exempts from insurance code, associations (1) Organized before 1880; (2) Whose members are active, retired, or honorably discharged members of the U.S. armed forces or sea services; and (3) Whose principal purpose is to provide insurance and other benefits to their members. (SB1484 HD2)

Very narrowly drawn, apparently for the Navy Mutual Aid Association. I don’t know anything about this organization, but it’s never a bad idea to check out such specific legislation for the back story, if any.

Final floor vote on HB444, “Relating to Civil Unions”

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It was a quick check of news updates on the Honolulu Advertiser web site that gave me the news on the attempt to pull HB444 up for another House vote. I didn’t check when it had been posted, but called down to the capitol and discovered House members were still in caucus, so it seemed like there was a chance to get there in time to witness the vote.

I called Meda, who had the car, and she left UH, picked me up, and we headed downtown. We found a place to park down by the post office, and were headed across the Iolani Palace grounds when a text message let me know they were back in session and preparing to vote. There was a light rain as we hustled past the palace and up the stairs to the capitol and entered the House gallery. There were quite a few people, but I wouldn’t have called it crowded.

The good news was that I had a camera in hand. The bad news is that I haven’t used its video feature enough to be comfortable with it. I managed to start the video rolling and caught the entire roll call vote. But I missed one critical step–Focus! So, unfortunately, it’s a little fuzzy. Maybe you can pretend that you’re watching the proceedings through tears of joy or, well, the opposite.

In any case, here’s the vote, as it happened.

And notice the strange silence after the vote was over and the results announced. There was no joyous outburst. Instead, it was quite subdued, almost a stunned silence, as if the count had been misheard.

Henry Curtis (Life of the Land) was also there and did a video showing more of the proceedings (available on Vimeo).