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The Honolulu Advertiser
Posted on: Wednesday, July 11, 2007

$3 million for Hawaii pedestrians in limbo

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By Derrick DePledge and Treena Shapiro
Advertiser Government Writers

The state Legislature yesterday overrode a veto of a bill that directs $3 million over two years for pedestrian safety, but Gov. Linda Lingle vowed not to release the money because it would come out of the state highway fund instead of the general fund.

The Republican governor asked lawmakers to amend the bill to change its funding source but state House and Senate Democratic leaders refused, describing it as a proper use of the highway fund.

The policy dispute puts the pedestrian safety money in limbo and baffled advocates for the elderly, who wanted the money after several pedestrian fatalities this year.

The pedestrian safety bill was among 27 vetoes Lingle issued yesterday after dropping four from her potential veto list. The House and Senate voted to override 11 of her vetoes, letting the remaining vetoes stand.

Some Democrats had brashly predicted that all but a few of Lingle's vetoes would be up for overrides, but discovered in closed-door meetings over the past few days that they did not have the will or the votes.

This year, Lingle vetoed 42 bills in all and lawmakers overrode 19, the most overrides in any year since the governor has taken office.

AARP Hawai'i and other activists demonstrated for pedestrian safety outside the state Capitol yesterday, with some wondering why such a relatively small amount of money would be held hostage.

"There's too many people getting killed wandering around, bicycling or just crossing the street," said Tony Fisher, president of AARP-Maui, who flew to O'ahu for the protest.

Other than pedestrian safety and a few others, many of the bills on the veto list were not major policy issues during the past session and only gained wider attention once they were identified as possible vetoes.

National activists had appealed for a bill that provides immunity from prosecution for people who leave newborns at hospitals or police or fire stations within 72 hours after birth. Hawai'i was one of three states without a so-called "safe haven" law before lawmakers overrode a Lingle veto of the bill.

"Government needs to do everything in its power to protect and preserve the lives of all its people," said state Rep. John Mizuno, D-30th (Kamehameha Heights, Kalihi Valley, Fort Shafter).

But state Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), called it "bad social policy" that could lead more people to abandon babies.

The state auditor and several activists successfully pushed for an override of a bill that continues the auditor's role in the Hawai'i 2050 sustainability task force. The bill also provides an additional $850,000 for the task force's work.

Lawmakers opted not to attempt an override of a bill that would allow people who have had their driver's licenses revoked for life for repeat drunken or drugged driving to apply for new licenses after 10 years and findings of sobriety. Honolulu Prosecutor Peter Carlisle urged a veto on Monday and news media coverage ignited debate on the bill on talk radio, which helped persuade lawmakers to revisit the bill next session.

Lingle described relaxing the lifetime license revocation yesterday as potentially dangerous, along with a separate bill — which lawmakers did override — that authorizes the state to parole prisoners to counties where they may receive the greatest support.

The governor said the state might have to bring back prisoners from the Mainland and could have to release some prisoners housed in the Islands early to make room. But Democratic leaders said the bill attempts to improve the process of returning prisoners to the community and came about only after years of inaction by the Lingle administration.

Yesterday morning, Lingle announced that she had taken four bills off her veto list, including one that keeps more than half of the admission fees at Diamond Head state monument for use at the monument, rather than at other monuments or parks.

Lingle used the pedestrian safety dispute as an example of what she described as a flawed legislative process. The governor said lawmakers decided to take the $3 million from the highway fund, instead of the general fund, during conference committee at the end of session.

"The public needs to understand this is a very flawed process," Lingle said.

Lingle said there is separate money in the state Department of Transportation's budget for pedestrian safety but was adamant about not taking the money from the highway fund. The fund can attract matching federal money that can cover up to 80 percent of road projects.

Several House and Senate Republicans repeated Lingle's claims during floor debates. Hemmings, who had voted for the pedestrian money without objection when it passed the Senate unanimously during session, tried to amend the bill yesterday to reflect Lingle's concerns.

But several Democrats said the bill and the legislative process were not flawed and that it was their policy decision to take the money from the highway fund.

"This was not a mistake that we made," said state Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau). "This was a conscious policy decision that we felt that this was where the funds should come from."

• • •

VETOES AND OVERRIDES

• SB 932 (prisoner release) — Creates an offender re-entry system with legislative oversight. Authorizes the state to parole prisoners to counties where they may receive the greatest support.

• SB 1066 (invasive species) — Imposes a new fee on marine commercial containers.

• SB 1191 (pedestrian safety) — Appropriates $3 million over two years from the state highway fund for pedestrian safety improvements.

• SB 1922 (creative media) — Provides money for an interim home at the University of Hawai'i for the Academy of Creative Media and money for an experimental music development program at Honolulu Community College. Also contains a controversial leasing provision for PBS Hawai'i.

• HB 30 (international trade agreements) — Prohibits the governor from approving an international trade agreement without legislative approval.

• HB 310 (technology) — Creates a Broadband Task Force appointed by the Senate and House and supported by the auditor, rather than the state Department of Accounting and General Services, which manages the state's Internet activities.

• HB 718 (Kaka'ako) — Sets aside two Kaka'ako parcels for the Kewalo Keiki Fishing Conservancy.

• HB 1270 (state planning) — Requires the state auditor to continue work on a 2050 sustainability plan and provides money for a task force.

• HB 1503 (employment) — Requires businesses going through bankruptcy or restructuring to notify employees and the state of potential closure.

• HB 1605 (Maui traffic control) — Moves $400,000 from the state highway fund for a Maui traffic control center.

• HB 1830 (child protection) — Offers immunity from prosecution for people who leave newborns at hospitals or police or fire stations within 72 hours of birth. Vetoes stand (bill does NOT become law)

• HB 91 (public accountancy) — Eliminates accounting and auditing in the private or government sectors as qualifying experience for an accounting license.

• HB 436 (human services) — Obligates the state to pay for chiropractic services under state healthcare programs.

• HB 855 (workers' compensation) — Allows workers to receive medical treatment during disputes over need, including when doctors clear workers to return to work. Restricts the rule-making authority of the director of the state Department of Labor and Industrial Relations.

• HB 1659 (procurement) — Uses taxpayer money, rather than private contributions, to pay for certain trade mission expenses.

• HB 1670 (ingenuity charter) — Creates a private, state-backed, for-profit ingenuity company.

• HB 1764 (Hawai'i Health Services Corp.) — Authorizes revenue bonds to help the corporation build or improve its healthcare facilities.

• HB 1818 (government employees) — Sets a timetable for the governor to submit nominations for department head vacancies. Requires that vacancies be temporarily filled with the highest-ranking officials in the departments if vacancies extend more than 60 days.

• SB 46 (government operations) — Requires the University of Hawai'i to publicly announce proposed — or changed — compensation rates for high-level administrative positions.

• SB 613 (education) — Requires a series of early childhood education programs be implemented before a state task force on the subject finishes its work.

• SB 755 (ethics) — Requires independent bodies to select members of county ethics commissions effective in July 2012.

• SB 837 (agriculture) — Authorizes the Agribusiness Development Corporation to purchase agricultural land in Kunia and 'Ewa from private entities.

• SB 870 (archaeological data) — Establishes an archaeological data survey as an online database program of the Hawai'i Museum of Natural and Cultural History, starting with the collections of Bishop Museum.

• SB 946 (drunken driving) — Creates opportunity for drivers with lifetime license revocations to restore their licenses after 10 years with no offenses. Requires people to show they are free from alcohol or drug dependency.

• SB 1004 (psychologists) — Allows psychologists limited prescribing rights to patients in federally qualified health centers.

• SB 1060 (workers' compensation law) — Strips rule-making powers over workers' compensation from the director of the state Department of Labor and Industrial Relations.

• SB 1988 (honey) — Sets up new labeling requirements for honey.

LINGLE'S VETOES

Lingle's vetoes — and the number of vetoes overriden by the state Legislature — since she took office:

2007 — 42 vetoes; 19 overrides

2006 – 32 vetoes; 0 overrides

2005 — 28 vetoes; 12 overrides

2004 — 38 vetoes; 7 overrides

2003 — 50 vetoes; 6 overrides

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