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The Honolulu Advertiser
Posted on: Friday, January 25, 2008

Emergency powers on Senate list

By Treena Shapiro
Advertiser Government Writer

HOUSE MAJORITY BILLS AT A GLANCE

House Democratic leaders released their 16-bill majority package yesterday, which includes bills that would:

  • Battle invasive species by strengthening the biosecurity program at airports and harbors and making it illegal to sell plants that are considered noxious weeds or may be hosts to pests

  • Allow solar facilities on less productive agriculture land

  • Establish a renewable energy facilitator in the Department of Business, Economic Development and Tourism

  • Appropriate funds for an audit of the state's environmental review process

  • Create a tax credit for taxpayers who donate land or sell at a bargain land for conservation use

  • Allow employees to collect up to four weeks of temporary disability to care for a family member with a qualifying disability

  • Promote "smart growth" through a number of land use measures and a statewide transportation plan

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    State Senate leaders want to restrict the governor's use of emergency powers to civil defense situations, except when there is a tangible threat to the people or environment.

    Since 2003, Gov. Linda Lingle has issued more than 40 emergency proclamations, mostly for natural disasters or extreme weather conditions that needed to be dealt with immediately.

    The Senate Democrats, however, take issue with emergency proclamations that they believe should have been taken up during the 60-day Legislative session, such as removing abandoned vehicles on Maui and dealing with homeless issues on the Leeward Coast.

    "There have been situations where emergency powers were used to build affordable housing or emergency shelters and procurement issues are waived, prevailing wages are not paid, so there's a lot of impact from using those," said Senate Majority Leader Gary Hooser. "One could argue that there are emergencies in all areas — in prisons and in schools — (and) it kind of begs the question what's an emergency and what's not."

    Senate Bill 2828 would allow the governor to declare emergencies for certain disasters, but not to invoke emergency powers on issues that are less urgent.

    The bill is one of 18 Senate Democrats have made a priority for the session, along with an undetermined amount of bond financing for repair and maintenance projects for public schools and the University of Hawai'i, strengthening the procurement code, using welfare funds for non-school-hour enrichment programs and working more aggressively to help the elderly remain in their homes.

    The governor did not comment on the emergency powers bill yesterday, but previously sent a letter to Senate President Colleen Hanabusa and House Speaker Calvin Say after they questioned her constitutional authority to use emergency powers to award a contract for a transitional shelter in Ma'ili.

    "I know that my use of an emergency proclamation to address homelessness is unique but I believe the chronic nature of the problem has screamed for a unique solution. I could not stand by and allow the situation to continue to fester as it has for years," Lingle wrote in September in a letter, nothing that the use of emergency powers let the state fast-track shelters that had helped 500 homeless people.

    During a news conference yesterday, Senate leaders reiterated their commitment to sustainability issues. They included the creation of a sustainability council among their priorities, and also have proposed expedited permitting for developers who want to build sustainable communities that meet requirements for use of renewable energy, wastewater, recycling and open space.

    Also included in the majority package is SB 2830, which focuses on caregiving and extending support for families who want to help their kupuna age at home, including those in the middle class whose incomes are too high to qualify for subsidized programs, but cannot afford long-term care.

    Senators are also bringing streamlined sales tax back to the table in SB 2829, which would amend the state tax law to eventually allow the state to collect tax on Internet purchases, a particular issue for local vendors who have to compete with out-of-state vendors who can avoid the 4 percent sales tax.

    The package also includes a bill that would continue to use excess welfare funds to provide youth programs to keep children busy outside of school. Rather than focusing entirely on income and wages, the state would also help residents save and increase their personal wealth.

    Reach Treena Shapiro at tshapiro@honoluluadvertiser.com.