The State Budget, Shield Law Amendment Bill, & More

April 5, 2013 : Floor Action – Session Day #45: The State Senate congratulated Hilo Hattie, the Hawaiian apparel retailer for achieving their milestone 50th anniversary. Recognized on the Senate floor were Felix Calvo, VP of Sales & Marketing, Terri Funakoshi, Executive VP of Merchandising and Mark Storfer, Executive VP and COO. Senator Sam Slom, Senate President Donna Mercado Kim and Senator Wil Espero are also pictured.

The Senate voted to confirm Danna Holck and Kali Fermantez to the Oahu Island Burial Council (GM 587, GM 588). Four resolutions were also adopted with Senator Slom voting against SCR 166 “Requesting the convening of a task force to study the sociaal, economic and religious impacts of enacting marriage equality in Hawaii.” Senators Baker and Thielen also voted “No”. Senators Ihara, Kidani and Kouchi voted “with reservations”.

Committee Report: The Senate Ways & Means committee voted to “hold” HB 903 which would have placed a tax on owners of “individual wastewater systems” (cesspools). The vote was 12 to 1 in favor of “holding” the bill. Senator Slom voted with the majority.

Senator Sam Slom and Senate Minority Budget Director Paul Harleman were on the Rick Hamada radio program early that morning to discuss the State Budget and the Senate Minority Alternative Budget.

April 4, 2013: Floor Action – Session Day #44: A number of bills were up for third reading during the day’s floor session. Senator Slom voted “with reservations” on the state’s $23 billion State Budget bill (HB 200 SD1). During the long floor discussion, Senator Slom also made reference to the Senate Minority Alternative Budget proposal which reduces general fund spending by $300 million.

Senator Slom voted against HB 865 SD1 which will start a pilot program to lease public school lands for “public purposes”. The measure also creates a new “school facilities special fund”. Senator Slom votes against all and every new special fund.  The bill was passed 22 to 1.

Slom also voted “no” on HB 919 (civil service exemptions – controlled substances), HB 527 (enlisted personnel, uniform maintenance allowance) and HB 1314 on beer labeling. All 3 bills were passed with Senator Slom being the only voting against them.

Later that afternoon the Senate Public Safety and Military Affairs (PSM) committee conducted an informational briefing focusing on recent prison escapes and policies implemented by the Dept. of Public Safety to prevent future prisoner escapes. Public Safety Director Ted Sakai was subjected to numerous questions put forth by the senate committee.

The “General” John Rogers memorial request resolution (SCR 137 / SR 97) passed out of the Senate PSM and TEC committees on April 4.

April 3, 2013: Floor Action – Session Day #43: The Senate Minority Caucus under the leadership of Senator Sam Slom unveiled the Senate Minority Alternative Biennium Budget for 2014 – 2015. See separate item on this topic.

Twelve bills unanimously passed third reading on Senate floor votes during session that day. Senator Slom voted with the majority on every measure.

The Senate Judiciary and Labor committee scuttled HB 622 and made it a very bad bill after it was amended in committee late last month. The current law which sunsets by the end of June shields reporters and other individuals from having to disclose their news sources and materials to the courts. The JDL committee has narrowed the scope of the law’s coverage with the latest draft (see separate item). Senator Slom voted “with reservations” on the SD1 version of HB 622 with the hope that the bill can be amended in conference committee.

From Senator Slom’s NHB #2 Report – April 4, 2013.

Senator Slom and Budget Director Paul Harleman talk about the Senate Minority Alternative Biennium Budget for 2014 – 2015.

The Senate Minority Alternative Budget: 2014 – 2015

Compiled from Senator Slom’s Kuliouou / Kalani Iki Neighborhood Board #2 Report, April 4, 2013.

The Hawaii Senate Minority Alternative Biennium Budget for the fiscal years 2014-2015 reflects a decrease of $1.6 billion in total funding in comparison with the proposed Executive Budget and $1 billion in comparison with the proposed budget by the House of Representatives. The budget bill (HB 200 SD1) passed third reading in the Senate on April 4,  24 – 0. Senator Slom voted “with reservations”.

See the video of the Senate floor session on the budget bill at this link: Senate Floor Session – April 4 - Approximately 90 minutes

The Senate Minority’s budget proposal provides a specific plan that will make Hawaii’s government less expensive, and more effective, for our state’s taxpayers and small businesses.

The budget accomplishes the following 4 objectives:

Does not rely on any current or future tax and fee increases to balance the budget.

Reduces the size and costs of government through a combination of budget reductions, program consolidations and policy reforms.

Provides a sustainable path to solve our problem with unfunded retirement benefit liabilities and to recapitalize our budget reserves.

Ieaves the state treasury with a projected general fund surplus of $741 million in FY 15 which could be used to lower the tax burden for our struggling taxpayers and small businesses.

Read more on our Senate Minority Alternative Budget Page.

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Journalism Shield Law Amendment Turns Sour With Latest Draft

By State Senator Sam Slom

The latest draft of the Journalism Shield Law bill (HB 622 HD1 SD1) which was initially introduced to simply repeal the sunset date of the current law will become worst for journalists and just about anyone who publishes anything almost anywhere, including traditional paper media, broadcast and online.

New definitions for “journalist or newscaster”, “magazine” puts tighter limits on who and what qualifies as a journalist and a publication. The new law leaves out media that is published less than 4 times a year and does not cover media with unpaid circulation.

The essence of the current law protects source material used in news gathering by all news media including traditional and online news services and individuals.

The original shield law (Act 210) was enacted in 2008 and renewed with an extended sunset date to June 29 of 2013 in 2011 (Act 113). In 2011 the sunset date was extended with no problem. Not so this year.

Jeff Portnoy, a well known media attorney told a gathering of media professionals at my office that he would urge the Governor to veto the SD1 version of the bill if it passes in the current form.

While I voted “aye” with reservations on the latest draft, it is hoped that the bill can be amended in conference committee so that the original draft can be restored which is to simply delete the sunset date. The SD1 version of the bill is not posted online so far. Call my office if you would like a copy of HB 622 SD1.

Senator Slom meeting with media members after the JDL decision making hearing on April 3.

SB 880 and Floor Amendment #1

FLOOR ACTION — SESSION DAY #22

SB 880 SD1 Floor Amendment #1: Senator Slom introduced Floor Amendment #1 to this bill that would have strengthened the minimum mandatory sentencing for those committing sexual acts against minors 12-years old or younger from a minimum of 6.8 years time to a 25 year time frame. While the bill was an attempt to bring Hawaii more in line with 44 states that have “Jessica’s Law” legislation, the amendment to SB 880 fell short strictly on party lines: 23 no’s by the majority (with one excused) to only 1 aye from the minority and sponsoring senator (Slom) of the amendment.

From HawaiiReporter.com, February 21, 2013: 

There was an epic battle on the Senate’s chamber floor yesterday, (Feb. 20) but Hawaii’s children were on the losing end. The city prosecutor pushed through a bill that would mandate a minimum prison term of 6 years and 8 months for sex offenders who targeted children 11 years old and younger.

But Sen. Sam Slom was hoping for the passage of Jessica’s Law, which mandates a 25-year sentence for those preying on minors. After a debate on the floor Tuesday between Slom and Judiciary chairman Clayton Hee, Slom was asked to submit an amendment proposal.

Slom, the only Republican, tried to do so on Wednesday, but none of the 24 Democrats would second his amendment so it could be debated. Finally, after Sen, Les Ihara agreed to offer the second, Slom called for a roll call vote. All of the Democrats except one – who walked off the floor for a vote – opposed the amendment. Senators thought the penalties on those who target children were too harsh.

Jessica’s Law is named for Jessica Lunsford, a 9 year old girl who was kidnapped, raped and murdered when she was buried alive by her captor who was a twice convicted sex offender released from prison after serving very little time.

Some 44 states have a version of Jessica’s Law, and Jessica’s father, Mark Lunsford, has gone from state to state to lobby for the bill. He offered to come to Hawaii to tell Jessica’s story if lawmakers had been willing to listen. (HawaiiReporter.com)

SENATE BILL 799

Senator Slom introduced a Jessica’s Law bill this session. SB 799 was referred to the Senate Judiciary & Labor (JDL) committee. The JDL chair did not schedule the bill for a hearing.

Another Jessica’s Law bill in Colorado was voted down in a legislative committee earlier this month.

The New Jersey Assembly passed the Jessica Lunsford Act (Bill A-2027) on Thursday (Feb. 21) with a vote of 77-0.

Photos: (Top) Senator Slom in floor session talking about the floor amendment to SB 880. Inset above: Jessica Lunsford. Below: Senator Slom confers with majority party members during a recess prior to voting on Floor Amendment #1.

Fox News O’Reilly Factor  has devoted a lot of coverage to Jessica’s Law.

FOR MORE INFORMATION:

‘Jessica’s Law’ fails again before Colorado lawmakers
9-year-old Jessica Lunsford raped, killed in 2005

Jessica Lunsford, Death of a 9-Year-Old
By Anthony Bruno (TruTV.com)

O’Reilly Factor @ Fox News

Floor Action – Day 21

Session Day 21, Senate Floor Session: The following bills passed in the Senate on Third Reading votes 25 to 0 with Sam voting with the majority:

SB 1000 – Access Hawaii Committee
SB 870 – Use of Force by Persons with Special Responsibility for the Care and Safety of Others
SB 890 – Temporary Member on the Hawaii Labor Relations Board
SB 1016 – Registration of Covered Offenders
SB 707 – Repeal PLDC (news-link)

Senator Slom may be introducing a floor amendment to SB 880 which will strengthen the current draft of the bill to incorporate a stiffer sentence for sexual assault of a minor. SB 880 was deferred on the Senate floor for this purpose.

QUICK TAKES

Senator Slom met with U.H. Executive VP for Academic Affairs/Provost Linda Johnsrud. (right) Senator Slom likes to get young staff members involved with the discussion on which the opportunity was taken to discuss issues about the university from a student’s perspective. Senator Slom’s younger staff members including Matt Rapoza and Noelani Bonafacio both attended and graduated from the University of Hawaii. Kaitlyn Baria (back to camera in blue) is a current University of Hawaii student interning full time with Senator Slom at the capitol this semester. The young lady in orange Elise Anderson who was visiting from Senator Espero’s office.

SB 775 which designates the Hawaiian Hoary Bat as the State Land Mammal will be heard in TEC on Thursday Feb. 21 starting at 1:15pm.  

Senator Slom has been getting a number of phone calls and plenty of email opposing SB 69 popularly known as “the gun buy-back bill”. Gun owners and supporters of the Second Amendment are in opposition to the bill. SB 69 will be heard again in the Senate Ways & Means Committee tomorrow Feb. 20 starting at 9:45 am. Senator Slom will be voting “no” on this measure as he did from the bill’s inception.