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Wednesday, March 7, 2018
March 7, 2018 News Read
By Andrew Walden @ 7:31 PM :: 4986 Views

A Month Later Crabbe Still Hasn't Released LLC Records to Trustees

UH Reveals Clinton visit to Maunakea Telescopes     

Income Tax: Hawaii 2nd Highest n USA

Hawaii Anti-Gun Legislators Attack National Reciprocity

Hawaii Democratic Precinct Meetings Set for Wednesday March 7 Statewide

Senate Sends 420 Bills to House

Third Reading: House Sends 128 More Bills to Senate

Recession Made Renters Majority in Honolulu

Hawaii Law 2nd Most Favorable to Renters 

Philippines Reforms its own Version of Jones Act

Hawaii AG Sues Trump in Desperate Bid to Keep Health Insurance Expensive

Hanabusa Led Senators who Killed Reappointment of Margery Bronster on Behalf of Broken Trustees

MW: …Why is that germane?  Margery Bronster, as then-Gov. Ben Cayetano's top legal officer, was after Bishop Estate and its trustees. She had sniffed the possible misadministration and maladministration of millions of dollars of Kamehameha Schools' funds, and had convened a grand jury.

Bronster was a momentary public hero for going against powerful politicians connected to the cushy appointments of estate trustees by state Supreme Court justices.  

lt was a time of “... don't go rogue in the Legislature and maybe you'll get one of those trusteeships."

That online blog (that would be … ahem … www.HawaiiFreePress.com) l mentioned cited Cayetano's book, Ben: A Memoir, from Street Kid to Governor….

This resurrects the battle that had so many seething that Hanabusa and her Senate sycophants (she was majority leader) squelched a strong-willed AG doing what much of the public wanted done: bring the incestuous Bishop Estate trustee-appointment system to an end.

Hanabusa 's killing of Bronster's reappointment won for the moment, yet in the end, the system of be-good-and-get-a-fat-Bishop-Estate-job was ended anyway.

But we never had any prosecution of culpable players by the next, and less aggressive, attorney general in the Cayetano cabinet, Earl Anzai….

Related: Cayetano: Hanabusa's Broken Trust connections lead to Ko Olina

read … Upcoming Gov’s Race Revives Talk of old Fray (See pg 8)

Senators Vote 24-1 to Make Gay Conversion Irreversible

PN: …State senators in Hawaii today passed SB 270, which bans efforts to “engage in or attempt to engage in sexual orientation change efforts on a person under eighteen years of age”.

The bill – tabled by Stanley Chang, Rosalyn Baker and Karl Rhoads – passed the state Senate, which is entirely controlled by the Democrats, by a vote of 24-1.

The lone vote against was Democratic Senator Mike Gabbard….

BIVN: Homosexual sees opportunity in latest bullying report

read … Gays can convert boys and nobody can question this

Rail Needs to Control Costs, not Raid City Coffers

SA: Caldwell’s proposal to include $44 million of bond funding in the city’s capital improvement project budget must give the City Council pause.

It isn’t merely the amount in question, it is the precedent it sets, and the signal such an action would send concerning the lack of cost controls on this 20-mile elevated rail project, now estimated to cost around $9 billion.

This follows years of insisting that construction of the project would be financed strictly through a $1.55 billion federal grant and local tax surcharges authorized for it: a half-percent added to the general excise tax (GET), and, more recently, funding from an extension of that surcharge and an increase in the transient accommodations tax.

And those sources already were part of a “rescue plan” for the financially struggling project, one enabled by a special legislative session vote only last fall. That plan still is awaiting final approval by the Federal Transit Administration (FTA).

So far, the mayor hasn’t presented the persuasive argument why digging into city coffers is necessary.

The City Council seems not to be convinced, either: It has sent Bill 42 back to committee, a measure needed to eliminate the barrier to the use of the city’s general funds on the construction phase of the project….

read … City should stick to budget for rail

Airbnb will not participate in tax broker program if current bill iterations pass

PBN: Two Senate bills aimed at allowing vacation rental platforms to collect and remit taxes on behalf of its hosts are progressing in the legislature, though Airbnb has said it will not partake in tax remittance programs if the language in the bills remains.

Senate Bill 2963 and Senate Bill 2999 both deal with the ongoing issue of allowing vacation rental platforms to register as tax brokers on behalf of its hosts, an issue that Airbnb has been in support of for three years.

However, the bills deal with more than just tax collection, and would include penalty provisions aimed at targeting hosts that are not compliant with county or state laws. This is unenforceable, according to testimony submitted by law firm Kobayashi Sugita & Goda on behalf of Airbnb.

According to the testimony, Airbnb supports the intent of the bill, but the language violates the federal Communications Decency Act and the Stored Communications Act by holding the platform responsible for content published on its site.

In an email to Pacific Business News, Airbnb Hawaii Public Policy Manager Matt Middlebrook said the company still wants to “continue to lead the effort to help the state tackle the long-standing problem of fully and effectively capturing tax revenue from the short-term rental industry in the Islands.

“Unfortunately, pending legislation in its current form contains onerous language that conflicts with federal law, making it impossible for Airbnb to sign up to collect taxes for the state,” Middlebrook said.

If passed, Airbnb will not volunteer to be part of the tax remittance program, saying tax collection is a state level issue while the enforcement of land use laws should be handled at the county level….

(Translation: If you Legislators and Councilmembers are too cowardly to face down your NIMBYs and legalize TVRs, then don’t expect us to do it for you.)

read … Will Not Participate

What Does Hawaii Have to Show from One Party State?

SA: …Our electorate gave unbridled power to a recalcitrant status quo, which has overtaken our sense of logic and vision for the future our people. And what do the citizens of Hawaii have to show for their undying loyalty to the dynasty?

We hold the dubious distinction of ranking in the top three for most tax-burdened states in the nation, while also having the highest overall cost of living and highest per-capita rate of homelessness.

Our public education system ranks 43rd in the United States based on quality. We have a notoriously anti-business environment and one of the five highest unfunded pension liabilities, with the state’s public funds’ shortfall at $25 billion. Given that a majority of our residents are living paycheck to paycheck with no accumulated savings, it is no wonder that some many of our families and friends are forced to abandon their lives in Hawaii, relocating to the far more affordable mainland.

This hopelessness is highlighted every election year by our state’s distinction of having the lowest voter turnout in the nation, despite the mounting pressures affecting every family in the islands. It is dreadfully obvious that “the tail is wagging the dog” here in Hawaii and that change is long overdue.

Now that we have had time to take a deep breath after the political turbulence of recent weeks, we must look forward, to reforming the status quo of our islands. How many times do we have to fail before we seek change? The pragmatic Republican Party of Hawaii offers new hope and a vision for our islands….

read … How Long?

Hawaii Senate Approves Putting Mauna Kea Under New Management

CB: …In addition to setting up the Mauna Kea Management Authority, Senate Bill 3090 would limit the number of telescopes that could be established, authorize the new manager to renegotiate leases and permits pertaining to the mountaintop, and exclude Mauna Kea lands from the definition of “public lands” under state law.

The Senate’s unanimous vote to send the measure to the House came despite opposition from a variety of groups, including the University of Hawaii, the state Department of Land and Natural Resources, the Hawaii County mayor’s office, Maunakea Observatories, the Sierra Club of Hawaii and Hawaii’s Thousand Friends….

read … Hawaii Senate Approves Putting Mauna Kea Under New Management

Rep Chris Lee Insults and Demeans

SA: State Rep. Chris Lee pulled out one of the oldest justifications for enabling state workers to receive free tuition at the University of Hawaii, saying that many private-sector salaries and benefits outpace what the public sector has to offer (“Bill would pay tuition for state workers,” Star-Advertiser, March 5).

For decades, this argument has become cliché for government officials and unions to secure enhanced salary and benefits for their employees. Please, where is the current data to support this?

Most of us understand that Hawaii’s private sector consists largely of small businesses. If you’ve ever worked for one, you may soon believe that their rank-and-file workers have lesser benefit and pay packages than their government counterparts. Glibly requiring private-sector employees to support greater benefit packages and add-ons for public employees is unfair and demeaning….

read … Insulting

Hawaii's strict gun laws are poised to get a little stricter

HNN: …A bill that would shorten the time a disqualified gun owner can surrender weapons to police was approved by the full Senate on Tuesday.

Senate Bill 2436 is now headed to the House.

The stricter takeback bill would shorten the grace period to surrender weapons from 30 days to seven….

There are a number of reasons a registered firearm owner in Hawaii would have to surrender their weapons. They include an indictment or conviction for a felony, drug or violent crime. Also reason for disqualification: Treatment or counseling for addiction or mental disorders….

read … Hawaii's strict gun laws are poised to get a little stricter

Former HEMA executive officer questions investigation after missile alert mistake

HNN: Former Hawaii Emergency Management Agency executive officer, Toby Clairmont, is questioning the state's investigations into the January 13th missile alert mistake because Governor Ige's defense cabinet member and HEMA director, Major General Arthur J. Logan, escaped criticism.

"I think they are concerned about the Governor's re-election campaign," said Clairmont…..

read … Former HEMA executive officer questions investigation after missile alert mistake

Kauai Council Members Second Jobs

KGI: Council-chair Rapozo works as the night auditor at the Kauai Beach Resort. He also owns M&P Legal Support Services, LLC.

Councilmember Brun is employed by Hartung Brothers (formerly Syngenta) as their “community liaison” and he operates a small business.

Councilmember Chock operates Kupua’e, a small business focused on leadership development and training.

Councilmember Kagawa is a full-time teacher at Kapaa High School for the State Department of Education (DOE).

Councilmember Kaneshiro is employed by Grove Farm Land Company and Haili Moe Inc. and also operates a small business.

Councilmember Kawakami works for MFM Inc. (retail grocers) and derives income from at least four additional business entities including Kahili Development, Eleele Associates, Haupu Associates and Commercial Properties.

Council-member Yukimura holds no other employment.

The total annual pay received by members of the Kauai County Council ranges from a high of $180,000 to a low of $76,000 (per their financial disclosures listing all income sources including council salary).

read … Second Jobs

Tourism Industry Convinces EPA to Seize Control of Stream Running Thru Proposed Kauai Dairy

KGI: …Waiopili Stream, which meets the ocean at Mahaulepu Beach on Kauai’s South Side, has been officially dubbed an impaired waterway by the Environmental Protection Agency.

The stream has been on the Hawaii’s draft 2016 303 (d) List of Impaired Waters, and final approval of the list was given by EPA in February.

That means the water in the stream doesn’t meet federal water quality standards. Lists are updated every two years, and community members working to protect that area are encouraged.

“It is great that the determination has at last been made,” said Bridgett Hammerquist of the group Friends of Mahaulepu. “It is now an impaired body of water. The final is out.”….

Chronically, samples taken from the Waiopili Stream by (so-called) scientists contain bacteria counts higher than the state threshold of 130 enterococci parts per 100 mL.

In February, samples taken by the Blue Water Task Force, (Anti-dairy) Surfrider Kauai’s water quality monitoring team, showed an enterococcus concentration of 12,997 parts per 100 mL.

Pakalas was the only place on Kauai with numbers that surpassed the counts at Waiopili Stream in February, with an enterococcus concentration of 19,863 parts per 100 mL…..  (They probably peed in the bottle before testing it.)

As for the Waiopili Stream, DOH says the public is still being warned of high bacteria content in the water at the popular swimming beach near CJM Stables’ horse trails  (But they don’;t blame the stables because horseback riding is a tourist amenity.)

read … Waiopili officially polluted

Enviros Take Control of Surf Schools, Plan to Take $12K a Month off the Top

WHT: The Kohala Center is moving forward again with plans to limit surf school operations at Kahaluu Bay, but local business owners say they still aren’t satisfied with what the nonprofit has planned for the popular surf spot, taking issues with fundamental components of the proposed management program.

Cindi Punihaole, director of the Kahaluu Bay Education Center, a project of The Kohala Center, meanwhile said the organization doesn’t plan to hold any more meetings before the new bid submission deadline of March 27 at 2 p.m.

The Kohala Center was selected through a separate bid process to manage a program that would limit surf school operations at the bay to just four businesses. The concessionaires will be selected through a competitive bidding process. The new deadline comes after the county postponed an earlier Feb. 20 deadline following strong pushback to the original proposal.

And while an addendum released Monday addresses some of the concerns raised, it doesn’t change the fundamental problems some had with the proposal — specifically limiting use of the bay and charging surf schools a minimum $3,000 a month to do business there.

read … Surf school regulations move forward

DLNR Helicopters Shooting Goats on Waianae Mountains

CB: …Concerns over damage to vegetation have the state taking flight to cull the goat population in the Waianae mountains…..

read … Eradication

Judge's verdict in massive Tripler malpractice suit awards patient $25M

HNN: A woman who went to Tripler Army Medical Center in 2013 to deliver her third child and ended up with septic shock, severe kidney damage and a host of life-changing complications will get a $24.7 million payout, under a judge's verdict released Wednesday.

It's the largest verdict ever against Tripler and could be the biggest ever in the state, according to the woman's attorney, Rick Fried….

read … $25M

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