Govenor Lingle IDs 33 Potential Bill Vetoes

Governor Linda Lingle released a list of 33 bills that she is considering to veto. The Governor has until July 10 to veto or sign the bills on the list. In addition, the Governor has until July 10 to sign 80 other bills that were passed this legislative session. Any bills not vetoed or signed by July 10 will automatically become law. More than 205 bills have become law this session.

The State Legislature can call a special session on July 10 to either amend or override any of the bills that the Governor vetoes.

Some of the more high profile bills on the veto list are:

HB 1830 Relating to Child Protection ã This bill provides immunity from prosecution for a person who abandons a newborn baby who is less than 72 hours old. This bill allows anyone to leave the newborn regardless of whether the individual is in legal possession or related to the infant and without genealogical or medical history about the child. This bill provides no safeguards to protect the rights of both parents or extended family members such as grandparents. I voted no and will support the veto.

SB 1004 Relating to Psychologists ã This bill allows psychologists to prescribe psychotropic drugs to patients of all ages and medical conditions without the required medical expertise, formal education or training. It allows psychologists with a prescription certificate to practice outside of federally qualified health centers and to do so without the supervision of a physician including a psychiatrist. I voted against this bill and will sustain the veto. The bill barely passed in the Senate on a 13ã12 vote and got 20 "no" votes in the House.

SB 1283 The Hawaii Tobacco Settlement Fund ã This bill diverts moneys that would be deposited into the Tobacco Prevention and Control Fund and the Emergency Budget and Reserve (Rainy Day) Fund and allows the University of Hawai'i to use the money for operating expenses at the medical school. These funds should be retained for their original purpose to combat smoking. Further, the University should be obliged to meet its original commitment to make the medical school self-sufficient. I voted "no" on this bill and will help to sustain the Governor's veto on this.

HB 91 Relating to Public Accountancy ã This bill lowers the educational requirements necessary for licensure as a certified public accountant by eliminating the requirement that an applicant for a CPA license have either a bachelor's degree in accounting or a bachelor's in another subject combined with eighteen semester hours of upper division or graduate level accounting or auditing subjects. According to the American Institute of Certified Public Accountants, Hawai'i would become the only state to allow persons to sit for the CPA exam without an educational concentration in accountancy. I voted "no" on this measure and support a veto. The bill passed out of the Senate by a 14 to 10 margin.

HB 1659 Relating to Procurement ã This bill would use public taxpayer moneys to pay for booths, trade mission expenses, conference fees and related costs that benefit private, for-profit corporations. This bill would also diminish public-private State and business opportunity endeavors, such as trade missions by requiring donations and contributions from businesses to go into the State's general fund, rather than be used for the specific purpose intended. I was one of 5 Senators who voted "no" on this bill.

HB 1670 ã The Ingenuity Charter Company: This bill creates the Hawaii Ingenuity Company, a private for-profit, non-stock, limited liability company within Hawai'i statutes that would have no attachment with any state department, not be subject to Department of Commerce and Consumer Affairs oversight, and open the State to potential legal challenges. Because this bill exempts this corporation from DCCA oversight, while other limited liability corporations are subject to State requirements, this bill may result in a challenge under the equal protection clause of the Constitution. Because this bill embeds a private corporation within state law, the bill could make the State legally liable for the acts of a private firm. Additionally, this bill appropriates $30,000 in general funds to capitalize the corporation. This appropriation of public funds to a private entity could violate Article VII, Section 4 of the State Constitution. Again, another bill that got my "no" vote this session.

SB 138 ã Diamond Head State Monument Collection Fee: Governor Lingle and I disagree on this bill because it would use 80% of the entry fee collected at Diamond Head State Park for repair and maintenance in the park itself. The State DLNR wants to keep using the funds for maintenance and repair of other parks and not only Diamond Head. I voted for the passage of this bill which unanimously passed in both houses on final reading, May 3.

LIST OF 33 POTENTIAL GOVERNOR'S VETOES.

A "no" vote increases the likelihood that I will vote to sustain the Governor's veto of a bill. A "yes" vote may option a veto override choice.