Could have, should have... Gov. 'disappointed'
ISSUE:
Privatization
The bill allows counties to hire
By Craig Gima
private companies, but a three-year review clause
hurts mayors' contract plans
Star-BulletinIn a way, the fight over privatization is a fight over garbage.
The bill on the issue that passed the Legislature protects from union challenges most private contracts to perform government services.
But county mayors say it threatens their ability to sign new long-term contracts, and that many of those contracts involve garbage collection and disposal.
For example, Honolulu's Waimanalo Gulch landfill will reach capacity in two years.
The city wants to issue a 15-year contract to expand the landfill with its private operator, Waste Management Inc., but a clause in the bill could discourage Waste Management from bidding for the job, said Honolulu Mayor Jeremy Harris.
The bill establishes committees that will come up with a budgeting system and "managed competition" process, allowing governments to compare the cost of providing a service with its own workers or with a private contract.
All new contracts that extend beyond three years will have to be reviewed by the managed competition process, and could be canceled if it's determined government can do the job better and cheaper.
"I believe that provision was specifically put in to stop the city and county from having its private landfill operation at Waimanalo Gulch," Harris said.
Honolulu Deputy Corporation Counsel Chris Parsons said companies will be reluctant to enter into contracts if they can be canceled in three years.
"Basically, they put us on a three-year hold," Parsons said.
The same provision means Maui will not be able to automate its garbage collection with a private operator, and Hawaii County may not be able to contract with a private business to construct and operate a waste-materials recovery facility in Hilo, mayors said.
"It virtually precludes us from entering into a long-term contract," said Maui Mayor Linda Lingle.
Maui County estimates that a private contract to automate its garbage collection, provide curb-side recycling and household hazardous waste pickup could have saved $500,000 a year.
But Lingle notes the bill is better than no bill, and that it does protect all of Maui County's 600 other private contracts.
ISSUE:
Law & order
Prostitution and domestic violence targeted
By Gregg K. Kakesako and Craig Gima
by bills but some feel not enough was done
Star-BulletinHawaii's law enforcement officials, including Attorney General Margery Bronster and county police chiefs and prosecutors, have singled out House Judiciary Chairman Terrance Tom for failing to enact vital crime-fighting legislation.
Cited were bills the Law Enforcement Coalition believes would have:
Tom said he was hurt by the coalition's accusations. "We have tried very hard to strengthen law enforcement and prevent crime."
State Public Defender Richard Pollack said Hawaii's laws are already among the toughest in the nation, and it would have been irresponsible for the Legislature to pass out more mandatory sentencing laws.
"For the last 15 years, the Legislature has been passing one mandatory sentencing law after another at the behest of law enforcement," he said. "Yet the crime rate hasn't changed, and all we have to show is an explosion both in the prison population and the cost to run the prison system."
Pollack said other bills passed will cut crime and assist victims, including bills to help victims receive restitution, impose fees on criminals to fund the Criminal Injuries Compensation Commission, strengthen domestic violence laws and mandate drug testing of inmates.
"If you want to reduce crime in our community, you've got to address the drug problem," said Senate Judiciary Co-Chairman Avery Chumbley. "You've got to provide treatment, not just incarceration."
Also passed were bills to:
Another measure would permit a judge to ban those arrested of prostitution from walking in Waikiki at night as a condition of bail or probation. But this could face a veto -- Gov. Ben Cayetano vetoed another prostitution measure because of prison overcrowding and its specific geographic restriction.
Honolulu Prosecutor Peter Carlisle said he wanted to see the enactment of a constitutional amendment that would have brought Hawaii's evidence law in line with federal statutes. "It would have meant that you couldn't interpret Hawaii's Constitution for purposes of excluding evidence any more broadly than the U.S. Supreme Court has done."
"It would have reduced the number of technicalities that keep relevant evidence from the eyes of the jury."
"What we were looking for was surgery," Carlisle said, "and what we got were Band-Aids."
ISSUE:
Education
With two new schools opening,
By Debra Barayuga
the status quo amounts to a budget cut
Star-BulletinThe Department of Education still needs to find at least $25 million from its current budget to cover additional needs for the fiscal year beginning July 1. Rather than impose cuts, lawmakers this session agreed to fund the public schools at current levels, roughly $709 million. But the Legislature did not provide additional funding for the department's requested $25 million supplemental budget.
Considering that the Legislature at one point was proposing a $42 million cut and elimination of nearly 280 administrative and school support positions, "we're relatively pleased with the outcome," said schools Superintendent Herman Aizawa. But even the current funding is insufficient, he said.
At least $5 million of the $25 million supplemental budget needs to be found in the current budget to pay for Felix consent decree mandates, said Karen Knudsen, Board of Education chairwoman.
Other needs include instructional equipment and supplies for the opening next year of two new schools, and projected increases in special-education students.
"We're already operating bare bones, so we have to squeeze a bit harder," she said.
The board will meet shortly to discuss how to proceed. A decision on where cuts will be made "has to be done in a systematic, logical fashion," Knudsen said.
The Hawaii State Teachers Association was disappointed lawmakers could not agree on increasing the general excise tax as a way to increase revenues, said spokeswoman Danielle Lum.
Although the department escaped the budget ax this year, "the bottom line is, if they don't do something to increase revenues, we'll see the same situation next year," Lum said. "We don't want to have to keep doing this every single year."
Because the Legislature didn't fund the supplemental budget, cuts very well could come from the classrooms, Lum said.
A measure supported by the teacher's union that would have changed the way special-education students are counted, and would have lessened teachers' workloads, did not survive this session.
While it's still unknown whether education measures passed by the Legislature will cause dramatic changes in how the department operates, lawmakers felt they should step back to give the new, upcoming schools superintendent flexibility, Knudsen said.
A measure that would have created an appointed rather than an elected school board also did not survive.
ISSUE:
Bishop Estate
Attorney general may contest trustee salaries
By Craig Gima
in court if they appear unreasonable
Star-BulletinDramatic House passage of a bill to reduce the pay of trustees of the Bishop Estate and other charitable trusts could also lead to changes in how the estate and the Legislature operate, supporters say.
"Who would have believed a year ago that this year's Legislature would almost unanimously take steps to rein in the Bishop Estate trustees?" wrote the authors of the "Broken Trust" essay.
"The fact that anything got passed is itself a great victory for the people of Hawaii."
The bill repeals a 1943 law that set up a formula which allowed Bishop Estate trustees to collect more than $800,000 in compensation last year.
Trustees would still set their own pay, but the attorney general could go to court and have a judge decide if their salaries are "reasonable."
Attorney General Margery Bronster, who supports a cap on trustee compensation, and House leaders said the measure could lead to expensive court proceedings.
"My major concern with the legislation was the question of what is reasonable. I was afraid -- and I still am -- that it may lead to litigation and more litigation and appeals and more appeals," said House Speaker Joe Souki (D, Wailuku) after the bill passed Friday.
"Broken Trust" author and University of Hawaii law Professor Randy Roth said the process does not have to be expensive.
"A lot depends upon the judge," Roth said. "My hope is that the judge is going to stay in control of the process and approach it in a way that's not going to be more expensive or time-consuming than is absolutely necessary."
On the night the bill passed, Bishop Estate spokesman Kekoa Paulsen said the trustees' salaries were in the range of what executives with similar responsibilities and duties would make.
Rep. Ed Case (D, Manoa), who led a floor fight that eventually caused House leaders to revive the measure, said the bill is about making trustees of the estimated $10-billion Bishop Estate accountable to their beneficiaries.
Case said the vote on the measure was not only on the merits of the bill but also on the way the House operates.
"Every leadership needs its own system of internal checks and balances," Case said. "It cannot prevail in the long run against the wishes of the majority of its own membership as expressed to it by the general public."
House Majority Floor Leader Marcus Oshiro (D, Wahiawa) said the bill should have died because of potential litigation costs but agreed that committee chairmen and chairwomen now must be prepared to have their decisions overruled by other members.
ISSUE:
Prisons
A new prison on the Big Isle and more
By Gregg K. Kakesako
inmate transfers could ease overcrowding
Star-BulletinProposals to cope with Hawaii's bulging prisons have received high priority this session, with Gov. Ben Cayetano given almost all of the tools he needs to resolve the situation.
State Public Safety Director Keith Kaneshiro also credited House Finance Chairman Calvin Say for his efforts in helping the department better manage the operations of the state's correctional system.
With inmate population at Hawaii's eight correctional facilities soaring beyond the 2,900-bed capacity, lawmakers gave Cayetano the authority to negotiate with a private developer to build and lease a 1,500- to 2,300-bed medium-security facility, likely on the Big Island.
Hawaii's inmate population now hovers at 4,200. Last year, it grew 21.6 percent -- five times more than the national average, says House Judiciary Chairman Terrance Tom, who supports a medium-security prison in Kau on the Big Island.
After several spirited public hearings, Cayetano ruled out any prison site other than ones near Hilo or in Kau. His decision on a site is expected within the coming months, a spokeswoman says. Only state-owned lands are being considered.
The two parcels are:
Senate Judiciary Co-Chairman Avery Chumbley said there also is $2.2 million in the supplemental state budget to pay for an environmental impact statement and to start the design phase of a new prison. Lawmakers also reappropriated $500,000 approved last year to begin planning for a new prison.
Chumbley said the $500,000 could be used to develop a community "partnering" process to offset negative aspects of building a prison.
The price tag for a new facility ranges between $75 million and $160 million, depending on the final number of beds.
Lawmakers also approved:
ISSUE:
Health
State hospitals, community health centers
By Helen Altonn
and QUEST program losing funds
Star-BulletinAlready, the 1999 legislative agenda is shaping up with emergency funding requests to cover gaps in health services left by this year's budget constraints.
Money troubles are predicted for the state hospital system, community health centers and federally ordered mental health and education services for children.
The financial stability of the state's QUEST health care program also is shaky, depending on whether enrollment remains level, says Med-QUEST Director Charles Duarte. The QUEST budget was cut $1.5 million after a threatened $23 million cut -- a Senate error.
State and community health officials say they're relieved that proposed budget cuts in many programs were partially or fully restored before the session ended last night.
"The worst-case scenario didn't happen," said Health Director Larry Miike. "The second worst-case scenario happened."
Proposed elimination of district health offices, the dental division and a big chunk of funding for the Felix consent decree for adolescent mental health services didn't occur, he noted.
But he said he's concerned about cuts in vacant positions and how much flexibility he'll have to move things around to fill needed jobs.
Miike doesn't think the department can even make it to the January legislative session to get emergency money to meet obligations under the Felix decree. About $1 million was cut from the agency's conservative $16.2 million request, he said.
The eight community health centers asked for $7 million to help pay for services to Hawaii's ballooning medically uninsured population. They were told late Monday they would get about $4 million, said Beth Giesting, executive director of the Hawaii State Primary Care Association. But the next morning, the amount dropped to $1 million, she said.
"My guess is the money fell out because the governor said 'you've got to give a bigger tax break.' "
Sen. Suzanne Chun Oakland, Ways and Means Committee member, said there was no money for the centers about 30 minutes before Monday's midnight deadline to deck bills.
She said Ways and Means Co-Chairwomen Rosalyn Baker and Carol Fukunaga asked her to prepare a bill and a committee report for $4 million in case the House agreed to that. At about 11:45 p.m., Chun Oakland said, "Carol and Roz said we got $1 million."
The Hawaii Health Systems Corp. received $5 million in emergency funds to help cover costs this year and $8 million for next fiscal year -- far short of what it says it needs to maintain services at the 13 state hospitals.
ISSUE:
Child safety
Reform bill too late to help Reubyne Buentipo,
By Pat Omandam
but will save other children's lives
Star-BulletinHouse Human Services Chairman Dennis Arakaki says government cannot ensure the safety of all children, despite reform legislation that makes child safety the priority of Child Protective Services.
Arakaki said the reform bill will save lives, but comes too late to help children like Reubyne Buentipo Jr., who remains in a vegetative state in a nursing home after alleged child abuse by his mother Aug. 31.
The Kalihi Valley lawmaker dedicated the bill to the child.
"While Reubyne has recovered from many of the physical injuries, has gained weight and looks like any other 5-year-old, at this point, all we can do is pray that God will provide a miracle and heal his damaged brain," Arakaki said in a speech last week given before lawmakers approved the bill.
In response to Reubyne's beating, state officials last fall convened a roundtable of foster parents, Child Protective Services administrators, caseworkers, medical and legal representatives, community groups and others to brainstorm on ways the Legislature could address child safety.
The result was the bill, which tries to prevent re-abuse by placing the emphasis on child safety rather than reunification of the family. The bill -- now before the governor -- calls for Child Protective Services to be open, accessible and communicative to affected people.
It calls for a peer review panel in the Department of Human Services to review serious cases of abuse, as well as abuse that leads to death. Human Services Director Susan Chandler said recently that the panel is intended to ensure some kind of "interdisciplinary look" at cases when a child is being returned home.
Other provisions:
