Monthly Archives: July 2010

No Special Session Allows Vetoed Bills to Stand

By Senator Sam Slom, from the Waialae-Kahala NHB #3 Report

Governor Linda Lingle vetoed 32 bills by the July 6 deadline that would adversely impact Hawaii residents and businesses. The bills were vetoed due to various factors including significant negative impacts on the public, legal or constitutional concerns, potential unintended consequences, or technical flaws in the legislation. Many of the vetoed bills are those that I voted against while they were in the legislature.  I would have voted to sustain the Governor’s veto on many of these bills had the legislature met for a special veto override session.

Fortunately for the Governor and the State, the legislature did not go into special session for the purpose of veto overrides for the first time since Governor Lingle took office in 2002. The State House majority leadership decided to not call back their members for a special session as it is an election year and that they did not have the votes to override a veto of HB 444 “Relating to Civil Unions” (passed in the House by a 31 to 20 margin; 3 votes short of making it veto proof).

The Senate majority would have called the Senate into special session to override all of the Governor’s vetoes had the House done the same. Instead, the vetoed bills are dead this year. A total of 212 bills became law of which a majority were signed by the Governor. 26 bills became law without her signature and 11 others became law after the legislature overrode the first group of Governor Lingle’s vetoes on the last day of the regular session April 29.

On June 21, the Governor submitted to the Legislature a list of 39 bills she was considering vetoing.

Of the 39 bills on the Governor’s potential veto list, three bills had been vetoed earlier.  SB2001 would have retroactively eliminated previously promised high technology investment tax credits.  HB1907 would have resulted in tax increases totaling more than $140 million over the next five years and discouraged charitable contributions. HB415 would have required an expensive and unnecessary audit of the Department of Public Safety. The House and Senate majority leadership recently sent out a letter of request to the State Auditor to conduct the audit even though HB 415 was vetoed.

The Governor’s statements of objections regarding the bills she vetoed can be found on her website at: www.hawaii.gov/gov/leg/2010-legislative-session.  The full list of all bills signed and vetoed by the Governor in 2010 is also posted on the Governor’s website as well as on the State Legislature’s site at http://capitol.hawaii.gov. PDF lists of Bills that became law and the veto list can also be found at the Legislative Reference Bureau’s website at: http://hawaii.gov/lrb/reports/bill.html.

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State Will Get New Judges

By Senator Sam Slom, from the Waialae-Kahala NHB #3 Report

Governor Linda Lingle will be nominating a new Chief Justice to the Hawaii State Supreme Court and has nominated three candidates to fill vacancies in the First Circuit Court of Oahu.

The State Judicial Selection Commission has recommended the following candidates for Chief Justice and their current positions:  Bert I. Ayabe (Circuit Judge); Daniel R. Foley (Assoc. Judge, Int. Court of Appeals); Katherine G. Leonard (Assoc. Judge, Int. Court of Appeals); Craig H. Nakamura (Chief Judge, Int. Court of Appeals); Richard W. Pollack (Circuit Court Judge); Mark E. Recktenwald (Associate Justice, Hawaii Supreme Court).

Governor Lingle nominated three individuals to serve as Circuit Court judges yesterday. They are District Court Judge Fa’auuga L. To’oto’o, Pier Diem District Court Judge Jeannette H. Castagnetti and District Court Judge Colette Y. Garibaldi. Governor Lingle stated that “District Court Judges To’oto’o and Garibladi and Per Diem District Court Judge Castagnetti will be outstanding additions to the Circuit Court bench, each bringing his or her own unique set of judicial experiences and legal acumen.”

Chief Justice Ronald Moon appointed 4 individuals to Honolulu District Court yesterday. They are Sherri Ann Iha, Steven Nakashima, Michael Tanigawa and Matthew Viola.

Nominees to the Hawaii State Supreme Court, First Circuit Court of Honolulu and District Court all have to be subjected to confirmation hearings by the State Senate’s Judiciary & Government Operations committee and voted upon by the State Senate in an upcoming special session for this purpose. There is a 30-day window upon which the Senate has to take action on the nominated individuals.

Governor Releases List of Potential Bill Vetoes

From Senator Slom’s Kuliouou Neighborhood Report – July 1, 2010.

Governor Linda Lingle submitted a list of 39 bills to the Legislature on June 21 that could be vetoed by July 6, 2010. The list is a constitutional requirement to give the legislature at least 10 days notice of bills that may be vetoed by the executive.

The Governor has until July 6 to take action on these and all other bills by either signing them into law, letting them become law without her signature or disapproving the bill by enacting a veto. The legislature can meet in special session to override some or all of the vetoed bills by a 2/3 margin in both houses. It not, then the vetoes stand and the bills are dead.

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Executive Order Creates New Hawaii Surfing Reserves

Governor Lingle with Senator Hemmings & Supporters of the Hawaii Surfing Reserves

Governor Lingle with Senator Hemmings & Supporters of the Hawaii Surfing Reserves

Governor Linda Lingle signed Executive Order #10-07 on June 2  which creates the Hawaii Surfing Reserves as proposed by State Senator Fred Hemmings (R—Hawaii Kai to Waimanalo/Kailua) this legislative session. The executive order was issued after the majority party in the State House of Representatives killed the original surfing reserves bill (SB 2646) on the last day of the session. That bill passed out of the Senate with a unanimous vote on March 2. The Executive Order designates Hawaii Surfing Reserves, comprising of surf breaks off Waikiki from Ala Wai to the War Memorial Natatorium and the North Shore of Oahu from Haleiwa’s Ali’i Beach  to Sunset Beach.

Senator Fred Hemmings
Senator Fred Hemmings thanks Governor Lingle for signing the Surfing Reserves Executive Order.