The day when America moved toward becoming a global power
Honolulu: 40% of Homeless Refusing to Accept Shelter
New Laws Regulate Aquarium Fishermen
Governor Ige to Sign Bill Designating the Hawaiian Hoary Bat As State Land Mammal
Last Chance to Vote on School Calendar
Convicted Mortgage Scammer Keanu Sai Helps Foreigner Evade State Taxes
DB: Take the taxpaying Swiss national, a Hawaiian resident, who believes he’s justified in withholding his taxes from the state. The Daily Beast isn’t naming him, because he says he fears reprisal. But the Swiss man, a "farmer" in his mid-40s, is dusting off an 1864 treaty between Switzerland and the Kingdom of Hawaii—to prove that he’s not beholden to Uncle Sam but Queen Lili’uokalani.
Revisionists like the farmer suggest that the Kingdom of Hawaii was brought down in a coup d’état and was never legitimately annexed during the Spanish-American War in 1898. Instead, it’s just occupied or “kidnapped.”
Dr. Keanu Sai, the farmer’s "attorney", suggests that the United States and the state Hawaii government are receiving “stolen money” from those who pay them taxes. He believes his client’s case is exposing how America is committing, in his words, “war crimes” by taxing Hawaiians and his Swiss client.
“The monies received through taxation, that’s stolen money. The tax collectors from the state of Hawaii and the federal government under the guise of taxation are pillaging,” Sai told The Daily Beast....
read ... Tax Evasion
Walter Ritte Associates Fail in Attempt to use Sovereignty Defense Against Charges Related to Molokai Fishing Boat Attack
MN: English, 28, and Dudoit, 57, have each pleaded not guilty to charges of second-degree robbery, first-degree unauthorized entry into a motor vehicle, first-degree terroristic threatening and harassment in connection with the May 25 incident in waters off east Molokai.
Officials said English and Dudoit, along with co-defendants Floyd Kumukoa Kapuni, 31, and Albert Keakahi Dudoit Jr., 27, boarded the boat while four people were aboard. An altercation occurred and fishing equipment was damaged, officials said.
Dexter Kaiama, the attorney for English and Dudoit, said in a news release that he asked the state Supreme Court to compel Cardoza to dismiss the criminal cases because the judge "took judicial notice that the Hawaiian Kingdom continues to exist, which admits that the State of Hawaii did not have subject matter jurisdiction over the arrests and criminal proceedings."
In its order Monday, the Supreme Court said the defendants failed to show that the judge "committed a flagrant and manifest abuse of discretion in denying the motions to dismiss."
As a result, English and Dudoit "are not entitled to extraordinary relief," the order said.
A June 1 trial has been set in 2nd Circuit Court for the four defendants.
read ... Supreme Court won’t dismiss Molokai fishing case charges
House Agrees to Senate Version of Hospital Privatization Bill
SA: House lawmakers are apparently poised to approve a bill to allow privatization of Maui Memorial Medical Center and two other state-owned medical facilities, a move that faces determined resistance from the state’s largest public worker union.
The state House of Representatives gave official notice Monday that lawmakers there intend to agree Tuesday to amendments the state Senate made to House Bill 1075, a procedural step that could clear the way for the nonprofit Hawaii Pacific Health to take control of Maui Memorial, Kula Hospital and Clinic, and Lanai Community Hospital.
The state has been subsidizing the hospitals’ operations for years, and House Speaker Joe Souki said lawmakers contend privatizing the three facilities is necessary to reduce the costs to the state.
“If it wasn’t, we wouldn’t be asking,” Souki said. “We have one hospital in Maui with approximately 170,000 to 200,000 people, including the tourists. We don’t have sufficient revenue to give the people the care that they need and the quality of care that they need.”
Hawaii Pacific Health already operates Kapiolani Medical Center for Women & Children, Pali Momi Medical Center, Straub Clinic & Hospital and Wilcox Memorial Hospital on Kauai.
The state now pays about $100 million per year to support the hospital network operated by the Hawaii Health Systems Corp., including the Maui and Lanai facilities, and lawmakers want to reduce those costs.
At the same time, the Maui facilities say they need more money. The Maui Region HHSC board last month voted to cut $28 million from the region’s budget for the year that begins July 1, which amounts to about 9 percent of the Maui region’s proposed $299 million budget.
That decision will require the Maui system to make “immediate cuts” to nonclinical contracts as well as 50 to 75 nonclinical administrative positions, according to the announcement.
Randy Perreira, executive director of the Hawaii Government Employees Association, said the union is meeting with lawmakers this week to urge them to vote against the privatization bill....
read ... Hospital privatization plan proceeds
Star-Adv: Ige Shows Lack of Leadership on Telescope Protests
SA: "The TMT team is legally entitled to use its discretion to proceed with construction," he announced in a statement late Friday afternoon.
Well, yeah, but does he think it should? The TMT group received the necessary permits after an almost seven-year planning and permitting process that included public hearings. Nothing in that legal process dissuaded protesters who risked arrest rather than let construction proceed unimpeded. Does the governor believe that his restating the obvious will dissuade them now, after they have been emboldened by a construction "timeout" that he supported?
Moreover, can the TMT team have any confidence that authorities stand ready to enforce construction workers' access to the site? The governor's exceedingly careful rhetoric falls short of the unambiguous leadership needed in this tense situation....
read ... Off the News
Ige has gone from decider to messenger on TMT issue
Borreca: Early this month, Ige reacted to escalating protests regarding the TMT not by first coming out with a clear statement of purpose, but instead, meandering through an undefined and private series of "dialogues."
At the end of one set of conversations with protesters on Mauna Kea, Ige flew back to Honolulu. He announced what he called a one-week timeout for construction on Mauna Kea.
"We are actively engaged with various stakeholders. I wanted to announce that the TMT group has agreed to a timeout from construction activities.
"They have responded to my request and on behalf of the president of the university and the Office of Hawaiian Affairs have agreed to a timeout on the project and there will be no construction activities this week," Ige said on April 7.
Another timeout was given on April 11, and then on Friday afternoon, Ige said construction is again halted but that he was changing his role from that of decider to messenger.
"The TMT leadership informed me that construction will continue to be postponed. Any further announcements about the construction schedule will come from TMT," Ige said.
As it turns out, stopping was never Ige's idea.
In clarification, Ige's communications direction, Cindy McMillan, said TMT held the timeout whistle all along.
"They have been the ones making the call regarding the delay in construction and have simply asked (the) governor to make the announcements. From this point on, TMT will be both making the decision and the announcements," she said in an email to the Honolulu Star-Advertiser.
It is worth pointing out that the TMT is not a little project, nor is it of little interest.
Scientists, astronomers and planners around the globe have spent seven years planning this telescope, which they say "will become the most advanced and powerful optical telescope on Earth.
"When completed, the Thirty Meter Telescope will enable astronomers to study objects in our own solar system and stars throughout our Milky Way and its neighboring galaxies, and forming galaxies at the very edge of the observable Universe, near the beginning of time."
At the same time that Hawaii is poised to open that door, Gov. Ige is saying via news release that he is considering decommissioning and removing older telescopes to restore the Mauna Kea summit, reduce the level of activity on the summit and do something about "integrating culture and science."
The protesters will not be satisfied with any of those peace offerings. Their demands are for the state and the telescopes to get off the mountain. They are raising money for bail bonds after they get arrested for blocking construction access, not for having a dialogue.
It appears that the leadership from the Governor's Office is much like the direction provided by the major league baseball player and coach, Yogi Berra, who said: "When you come to a fork in the road, take it."
Reality: Telescope: For OHA, it’s all About the Rent Money
read ... Telescope
Money Committees to Begin Final Review of State Budget
SA: The House and Senate money committees will begin conference committee meetings on House Bill 500, relating to the state budget on Tuesday, April 21, 2015.
The House Committee on Finance and Senate Committee on Ways and Means have until May 1, 2015 to agree to a final version of the biennium budget.
read ... Money Committees to Begin Final Review of State Budget
Honolulu Council Considers Massive Property Tax Hikes
SA: The Honolulu City Council starts discussion Wednesday on a variety of bills aimed at making the property tax system more equitable raising taxes.
>> Bill 34 would create a Commercial A tax category that would consist of commercial properties assessed at $1.5 million or more. It’s likely that those in the Commercial A category would be taxed at a higher rate than those in the standard commercial tax class. (Higher taxes on commercial properties mean fewer small businesses and higher rents and prices.)
>> Bill 35 would create a new transient accommodations tax category that would include bed-and-breakfast establishments, transient vacation units and various other operations on lands zoned for residential that rent units for fewer than 180 days. (Translation: TVRs are legalized and they will face a massive tax hike.)
>> Bill 33 would redefine the Residential A category to include all single-family and condominium homes in residential zones that do not have a home exemption, regardless of their value. Currently, only those without home exemptions and valued at $1 million or more are placed in Residential A, which is taxed at a higher rate than those in the standard residential class. Bill 32, however, allows Residential A properties valued at less than $1 million to be taxed at the same rate as those in the standard residential class. (Translation: Massive tax hike on rental properties which means higher rents.)
>> Bill 27 would increase the minimum tax, the amount that many properties with various exemptions pay, to $1,000 from $300. (That's a 333% tax hike.)
Other measures would have a negative effect on special groups of property owners. Under Bill 28, owners of historic residential properties would pay tax on half the value of the property, rather than a flat $300 annually.
Bills 29 and 30 would eliminate exemptions for Oahu’s for-profit child care centers and credit unions, respectively. (Translation: Higher taxes on child care mean higher costs for child care.)
Bill 31 would do away with a provision that allows properties dedicated for agricultural use for one year to be taxed at a lower rate, but keeps lower rates for those who promise to use their property for farming for longer periods. (Translation: Higher taxes on ag means less ag and higher food prices.)
read ... Another Tax Hike
Special Committee Hearing to Investigate Galuteria
AP: A Senate panel has called a public meeting to review a challenge to a state senator over his qualifications to serve.
The special committee will meet Thursday to talk about the challenge against Sen. Brickwood Galuteria. A complaint alleges that Galuteria doesn't live in the district he represents.
Senate President Donna Mercado Kim assembled the special committee in late March....
No public testimony will be accepted during the hearing.
Related: Kakaako: How to Buy Hawaii State Senators--Legally
read ... Not Qualified
HR158: NextEra Not Acting in Good Faith
PBN: Hawaii lawmakers are urging state regulators to go along with the Hawaii Consumer Advocate's request to establish a schedule that would complete the regulatory review process of NextEra Energy Inc.'s $4.3 billion acquisition of Hawaiian Electric Co. by June 2016.
The Hawaii House of Representatives adopted House Resolution 158, urging the Hawaii Public Utilities Commission to protect the public interest in reviewing the proposed acquisition, among other requests.
The PUC has set an interim deadline of Aug. 31 to complete all pre-filed direct and rebuttal testimony. No deadline for completion of the merger proceedings has been established just yet.
House lawmakers also are requesting that the PUC submit findings and recommendations, including any proposed legislation, to them no later than 20 days prior to the start of the regular session of 2017.
Additionally, the resolution noted that after the two companies announced the acquisition in December, NextEra Energy (NYSE: NEE) has "acted in a manner that does not reflect the good faith that had been promised to ensure that the acquisition would benefit Hawaii's ratepayers."
read ... NextEra Deal
'Lots of Employees' Depend on Failure of Hawaii Gov Tech
SA: Hawaii officials need to keep their eyes on the prize — moving the state technologically into the 21st century — even if the timetable for making that shift has to be prolonged to make it more affordable and workable.
State government here is equipped with information technology that is decades behind where it needs to be. Experts hired to confront the problem refer delicately to "legacy systems," which is a polite way to describe data management that relies on very old computer networks, barely being kept functional and requiring paper files as well.
This has produced enormous operational inefficiencies that have cost the public dearly in lost service time, labor and transparency. It's much harder for agencies to deliver records and information filed on index cards or paper forms. Conversely, when good-government advocates come calling, it's much easier to beg off turning over records when the pertinent data sits in some cabinet drawer....
There may be some within the state bureaucracy who are sighing with relief that no big changes are imminent. But elsewhere, there's acute disappointment that the large-scale upgrade blueprint, known as the Statewide Unified Resource Framework (SURF), was put to one side.
Among them are top administrators of the state Department of Education, who had been counting on SURF to usher in a new system to replace the vintage mainframe computer, dating to the 1980s, still handling DOE's payroll.
"We were looking at being one of the first ones up on that," Superintendent of Education Kathryn Matayoshi told the Honolulu Star-Advertiser editorial board in a recent meeting. "We just have this really old system that essentially requires us to do so many things manually, and we've got lots of employees." (Bingo!)
read ... Stay Focused
Feds: Hawaii Fails to meet 70% of Nursing home Inspection Standards
SA: The state failed to meet nearly 70 percent of federal performance standards related to inspections of nursing homes and other federally certified health care facilities last year, according to a new evaluation by the Centers for Medicare and Medicaid Services.... If Hawaii doesn't meet certain performance benchmarks established by the centers by the end of September, it stands to lose as much as $313,500 in federal funds that already have been allocated for the department but have yet to be turned over, according to federal officials.
The recent evaluation, obtained by the Honolulu Star-Advertiser through a government records request, covered the federal fiscal year that ended Sept. 30, and showed that Hawaii fell short in nine of 13 performance categories, or 69 percent.
The categories in which the department's Office of Health Care Assurance, referred to as the state survey agency, failed to meet standards range from frequency of nursing home inspections to the quality of complaint investigations.
National experts expressed alarm at Hawaii's evaluation.
"The Hawaii survey agency's failure to meet important standards for survey performance puts nursing home residents in serious jeopardy," said Toby Edelman, senior policy attorney for the Center for Medicare Advocacy in Washington, D.C.
In an email to the Star-Advertiser, Edelman noted that the purpose of the inspection process is to ensure that residents enjoy the high quality of care and high quality of life guaranteed by federal law.
"Surveys are the state's chief method for identifying nursing facilities' failures in care and for imposing appropriate remedies," she wrote. "The state's failure to conduct surveys effectively jeopardizes residents' health, safety, welfare and rights and allows facilities to continue receiving full public reimbursement despite providing poor care." She was referring to reimbursements for government-funded care.
read ... Staffing shortage wrecks rating
More Federal Funds to End Homelessness Among Vets
CB: Hawaii will receive more than $1.2 million through a federal program to fight homelessness among veterans.
The new injection of funds bolsters the HUD-Veterans Affairs Supportive Housing program — run by the U.S. Department of Veterans Affairs in conjunction with the U.S. Department of Housing and Urban Development — that provides rental assistance and clinical services for homeless veterans.
In Hawaii, the program is projected to help 110 vets this year.
read ... Homelessness
Occupy Honolulu Pays off for Bumbling Lawyers
HNN: The lawsuit forced the city to change its procedures and keep better track of the belongings of homeless people. Two years later, the city agreed to settle the case and pay the four homeless people $1,000 for their belongings but did not admit to any wrongdoing. But then both sides spent more than five months haggling in federal court over how much money the city should pay DeOccupy lawyers, who were given “prevailing party” status by the court and entitled to legal fees.
"As a taxpayer, I'm not pleased to be paying my salary in a case like this. I would rather the city do things correctly," said attorney Brian Brazier. Federal Magistrate Judge Kevin Chang awarded Brazier and his law partner Richard Holcomb $72,176 in legal fees. The two attorneys had asked the federal court for three times more in legal fees, for a total of $220,101.
Chang also ruled that Brazier's reasonable hourly rate was $185, not the $250 he requested. Chang also decided that Holcomb's reasonable hourly rate should be $200, far less than the $355 he asked for.
Brazier said he and his law partner spent close to 1,000 hours working on the case that dragged on in court for more than two years.
"The city was not willing to admit any responsibility and they were fighting tooth and nail. And if they were fighting tooth and nail to defend their unconstitutional policies, the only response that we've got is to fight tooth and nail back," Brazier said.
Federal Judge Michael Seabright rejected the city's argument that Brazier and his co-counsel should be paid no legal fees because they made a lot of legal mistakes.
"Although the court agrees that plaintiffs' counsels' numerous missteps in this action show a fundamental lack of experience and/or understanding of federal litigation, the court rejects that this conduct warrants a complete denial of attorneys' fees," Seabright said in a March 9 ruling.
City Corporation Counsel Donna Leong, the city's top civil attorney, released a statement that said, “U.S. District Court Judge J. Michael Seabright ruled in favor of the City on all of the counts and found no constitutional law violations. The City's Stored Property Ordinance remains in full force and effect today as it did on the day it was signed into law.”
To avoid further costly litigation, however, Leong said the city decided to settle the case by agreeing to pay the $1,000 amount.
March, 2015: Occupy Honolulu Suit -- Losing Still Pays off for Lawyers
read ... Your Tax Dollars at Work
Christopher Deedy returns to court as judge weighs dropping remaining charges against him
HNN: Deedy claimed he shot Kollin Elderts in self defense during a struggle at a Waikiki McDonald's in 2011. He was put on trial twice, once in 2013 -- ending in a hung jury -- and again in 2014 -- where he was acquitted.
The jury, however, deadlocked on lesser offenses of manslaughter and assault. Deputy prosecutor Janice Futa said last year she would recommend Deedy face those charges again.
read ... Deedy not thrown to mob
Hawaii lawmakers push for audit of alleged sick time abuse by prison officers
AP: Dozens of prison officers have frequently call in sick on holidays and during major sports events. That leaves others officers working overtime to carry the load.
In one of the worst incidents, an officer died after going into cardiac arrest while manning a post alone on a day when 66 officers called in sick.
A resolution introduced in the House requests an audit. It was passed by a Senate committee Monday....
The department spent $37 million in overtime costs over the last five years.
read ... Sick Time
DPS Waited One Month to Report work furlough escapee
KHON: An oversight. That’s why state officials say they did not instantly alert the public about two missing work furlough inmates.
On Sunday, police and state sheriffs announced they were looking for Cheryl Nihoa and Jorelyn Pacariem, both missing from the Women’s Community Correctional Center in Kailua.
Nihoa has been out since April 7 and Pacariem since March 19.
“In this case, it was an oversight. It’s not something that we do on purpose, but in this case it was an oversight and it is something that, moving forward, we have decided we will always put our work furlough walkaways out there in a public notice,” said state Department of Public Safety spokeswoman Toni Schwartz. “It should have been reported sooner.”
But for previous escapees, it was a different story, at least according to one lawmaker.
“We had four or five men, over the course of a week or two, and we almost knew within 24 or 48 hours that these individuals were missing,” said Sen. Will Espero, D-Ewa Beach, Ewa by Gentry, Iroquois Point, Senate public safety committee chair.
read ... should have been reported sooner
Family of victim shocked that suspected hit-and-run driver was released
HNN: A Kalihi woman arrested for second degree murder in a suspected case of road rage, is no longer in police custody.
40-year old Chantel Andrade was released pending investigation over the weekend.
25-year-old Keith Jantoc was killed while riding his motorcycle Wednesday on the H-1 Freeway near Waikele.
Jantoc's family members were planning his funeral services when they learned that Andrade was let go.
read ... Soft on Crime
Attempts to Crack Down on ECigs Still Alive in Legislature
CB: House Bill 940, which was introduced by Rep. Joseph Souki, aims to protect the public from potentially harmful chemicals in e-cigarettes by banning them where traditional cigarettes are prohibited, like indoor spaces and workplaces....
Senate Bill 1030 would raise the minimum age from 18 to 21 to purchase, possess or consume tobacco products, including e-cigarettes....
Rep. Della Au Belatti, the House Health Committee chair, introduced a bill that would ban smoking cigarettes, electronic or otherwise, at all Hawaii Health Systems Corporation facilities. Many health-based organizations, including HHSC, support House Bill 586, saying it would protect employees and visitors from exposure to second-hand smoke....
House Bill 145 would increase the tax on tobacco products while also changing the definition of what is considered tobacco. Anything that contains nicotine would be considered a tobacco product, including e-cigarettes. HB 145 states that there should not be a lower-priced tobacco alternative to cigarettes in Hawaii, so a similar tax rate should be applied to all tobacco products to prevent people from using them....
House Bill 525 was supported by several environmental protection organizations. Their representatives testified that the bill would protect beach- and park-goers from second-hand smoke, and prevent wildlife from coming into contact with cigarette butts....
read ... Tobacco Tax Revenue
Hawaii marijuana dispensaries could become reality this year
PBN: Medical marijuana dispensaries could be open for business in Hawaii within a year — 15 years after its use was legalized in the state — if legislation proceeds this session.,,,
Two bills currently before Hawaii's Legislature could authorize a dispensary system, but House Bill 321 SD2 appears to be the “vehicle” for the legislation and will likely prevail over Senate Bill 682, says Sen. Josh Green, D-Kona-Kau.
read ... Fake Medicine
Poll: Republicans Least Likely to be Fooled by Anti-GMO Hype
CB: Republicans stood out as the least in favor of GMO labeling. Only 45 percent of Republicans supported mandatory labeling, with 43 percent against it. In contrast, 70 percent of Democrats want labeling, with only 18 percent opposed.
Support for labeling decreased slightly as incomes went up. Only 60 percent of people earning $100,000 or more supported GMO labeling compared with 76 percent of people earning less than $50,000.
Over 70 percent of residents on Maui and Kauai were in favor of GMO labeling. In comparison, just under two-thirds of Oahu residents were supportive.
PDF: GMO Labeling Crosstabs
read ... Intelligent Republicans
Groups question state's rules for ocean permits
HNN: Hawaiian Surf Adventures takes customers on paddleboard tours of Maunalua Bay. Owner Bud Brasier recently bought the business.
"There's a lot of confusion around the permitting system right now," he said.
Last September, the state's boating department began requiring commercial permits from companies that operate in waters close to shorelines because of high demand for space. Now several community groups are saying the state didn't hear from all stakeholders and should suspend the permit system.
"We didn't find out about it until it was signed into law," said Ann Marie Kirk of Livable Hawaii Kai Hui....
Since the rule started, two companies have been granted permits to use Maunalua Bay. Kirk said some companies are ignoring the permit rule.
"DLNR and DOBOR are not enforcing the rules now. How are they going to enforce it when they have more commercial users in the bay?" she said.
Several companies are working in the bay while they wait for their applications to be approved. Hawaiian Surf Adventures has applied for its permit.
read ... Permits
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