The 2025 legislative session was successful, but our legislative wins won’t be secure until they make it past the governor’s desk.
In particular, two of our wins are at risk of being vetoed, which would be a shame, considering all the hard work that went into getting the Legislature to approve them.
Those bills are SB66, which would create a permitting “shot clock” and allow third-party permit approval if the 60-day processing deadline is not met; and HB126, which would reform the state’s civil asset forfeiture process.
The shot clock bill was one of the signature achievements of the legislative session, at least in terms of addressing one of the main causes of Hawaii’s emergency-level housing crisis. Everyone knows that Hawaii’s notorious permitting delays can stretch on for months and even years, but this was the first time state legislators took decisive action to help fix the problem.
Similarly, our state’s civil asset forfeiture process has long been noted nationally for its poor safeguards against potential abuses, including the fact that Hawaii residents can have their properties seized without even being charged with a crime. So our legislators finally coming together to do something about that was also major progress.
The governor’s concern about SB66 apparently has to do with how it could affect state historic preservation efforts. I share his passion for protecting our heritage, but the law regarding the inadvertent discovery of burial sites would still apply, and the permitting agency would still have the ability to reject an application if it had any concerns.
The argument against reforming our asset forfeiture laws is that it would weaken our crime-fighting abilities. But the data doesn’t support that idea.
The only statistically significant correlation between forfeiture proceeds and crime statistics is a link between increased forfeiture and a decrease in the number of violent crimes solved by police, suggesting that extensive forfeiture programs might make police less effective in solving violent crimes.
The asset-forfeiture bill isn’t perfect, but it would be a step in the right direction, representing a real effort to find compromises between civil rights advocates and law enforcement aims. If this bill is vetoed, it will send a very dispiriting message to the innocent victims of Hawaii’s forfeiture laws.
Hawaii residents have waited too long for lawmakers to take decisive action when it comes to permitting delays and civil asset forfeiture. At this late hour, I can only hope that the governor reconsiders the excellent arguments that propelled the Legislature to approve SB66 and HB126, and let these bills become law.
E hana kākou! (Let's work together!)
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