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The Honolulu Advertiser
Posted on: Friday, April 27, 2007

Cruelty, copper, graffiti bills alive

 •  Legislature 2007
Read up on the latest happenings in the Legislature, find out how to contact your lawmakers, and explore other resources.

By Treena Shapiro and Derrick DePledge
Advertiser Government Writers

As this year's session neared an end, state lawmakers yesterday put the finishing touches on bills that would raise penalties for animal cruelty, theft of copper and graffiti.

Meanwhile, they watered down an internal ethics proposal and killed a measure to make it illegal to leave a child unsupervised in a car.

Now, with the nonfiscal bills taken care of, lawmakers assigned to Senate-House conference committees have until midnight tonight to agree on which of the many remaining bills will get a piece of the state budget.

Many of the big issues are still undecided, such as how to handle a mandatory tax refund, whether to regulate health insurance rates and how to address homelessness and affordable housing. Pedestrian safety measures, improvements to the dam inspection program and measures to crack down on illegal vacation rentals are also still on the table.

All the drafts approved by the conference committees will be voted on Tuesday and Thursday, the last day of this year's session.

Several of the bills agreed to yesterday covered high-profile issues.

For example, conferees settled on a draft of an animal cruelty bill that would protect a wide range of pets from extreme abuse.

The bill covers dogs, cats, domesticated rabbits, guinea pigs, domesticated pigs and caged birds "so long as they are not bred for consumption," said Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku), who introduced the bill.

A major difference was including pigs among the protected pets, particularly relevant in light of two pet pig killings in recent months.

The animal cruelty bill also further clarifies felony offenses as poisoning, torture, mutilation and serious bodily injury or death and removed mandatory counseling from the penalties.

The committee members approved the draft unanimously, with even Rep. Alex Sonson, D-35th (Pearl City, Waipahu), voting in favor of it despite reservations he raised earlier.

Hee thanked the House conferees for agreeing to compromise. "It sends a strong message, and I'm very grateful," he said.

UNWANTED CHILDREN

Another conference committee finished work on a "safe haven" bill, which would help protect unwanted children by providing immunity for people who leave babies unharmed within three days of birth at a hospital, fire station or police station, or with emergency services personnel.

However, committee members could not reach agreement on a bill that would fine parents who left children under age 8 alone in a vehicle.

Rep. Marilyn Lee, one of the introducers of the bill, said senators wanted the penalty to only apply to those who recklessly left children unattended, which would require proving the adult's state of mind.

"This bill was created to be a strict liability violation," she said. "If you leave a child in a car alone, it's a violation and you pay a fine."

Lee, D-38th (Mililani, Mililani Mauka), said she'll introduce the bill again next year. "Given the incidents we've had in the last five years, it's long overdue," she said. Some of those incidents include children being accidentally kidnapped by car thieves or being left in hot cars to die.

House and Senate conferees also agreed to make the theft of one pound or more of copper a third-degree felony in response to a series of brazen copper thefts across the Islands. Scrap dealers would also have to ask sellers for valid photo identification and copies of receipts or notarized declarations describing the copper for sale. Dealers would have to photograph the copper they purchase.

Conferees also agreed to provide more money for pedestrian safety measures after several pedestrians were killed this year. The money would help pay to recalibrate crossing signals, install traffic countdown timers and study intersections particularly dangerous to the elderly.

State House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo Valley, Wilhelmina Rise), proposed a task force of lawmakers that would work after session on a range of ethics issues, from new permanent ethics committees to strengthening conflict-of-interest and code-of-conduct rules.

ETHICS PUSH

The House had passed a bill creating new ethics committees, but the idea was removed by the Senate and replaced by drug testing for elected officials and nepotism provisions.

With no sign that the House and Senate would resolve the differences, Say suggested the task force keep something alive.

"I'm trying to get something this session," said Say, who earlier this session had appeared with House leaders at a news conference promising tougher ethics rules.

House Republicans complained there is no guarantee the task force would not be stacked in favor of majority Democrats, but Say said it would be politically equal.

State House Minority Leader Lynn Finnegan, R-32nd (Lower Pearlridge, 'Aiea, Halawa), said the task force was progress toward confronting some of the ethics issues that have arisen with lawmakers over the past few years.

"It's hard to push a mountain," Finnegan said. "So sometimes you have to take it in pieces."

Reach Treena Shapiro at tshapiro@honoluluadvertiser.com and Derrick DePledge at ddepledge@honoluluadvertiser.com.