Settlement Regarding Ceded Lands Poised for Full Senate Vote

HONOLULU – Senate Bill 2783, relating to public trust lands, is expected to go before the full Senate for a vote tomorrow, March 6, 2012. If passed, the legislation will move to the House for consideration.  The Senate Committees on Judiciary and Labor and Ways and Means passed the measure out of committee without amendments last Friday.

It was a landmark decision for the committees to pass the bill,” said Senator J. Kalani English, a member of the Senate Committee on Ways and Means.  “This has been a long time coming and it is the first step in the right direction.”

Senate Bill 2783 would convey Kaka‘ako Makai lands to the Office of Hawaiian Affairs (OHA).  The State and OHA agree that a $200 million approximate settlement amount represents a reasonable compromise of the disputed claims.  To satisfy that $200 million amount, the State is conveying contiguous and adjacent parcels in Kaka‘ako Makai.   The parcels are near Kaka‘ako Waterfront Park, including Fisherman’s Warf.

If the measure is ultimately approved by the Governor, all disputes and controversies relating to OHA’s portion of income and proceeds from the public trust lands will be extinguished and discharged as well as bar all claims, suits, and actions for the period November 7, 1978 through June 30, 2012.

I am satisfied we are moving forward with this bill to better the conditions of native Hawaiians and we at a certain point must trust the work of OHA and the administration in reaching this settlement,” added Sen. English, who represents District 6, encompassing Hana, East and Upcountry Maui, Molokai, Lanai and Kahoolawe.   “I thank Governor Abercrombie, OHA Chairperson Colette Machado and Attorney General David Louie for their efforts in reaching an agreement that Senators could consider.”

Senate Passes Two Bills Relating to Judges on Third Reading

During this morning’s Session, the Hawaii State Senate passed two Senate Bills on Third Reading, Senate Bill 2205 and Senate Bill 2206. Both Bills have now been transmitted to the House.

Senate Bill 2205 proposes a constitutional amendment to lower the number of nominees presented by the Judicial Selection Commission to fill state court judicial vacancies. The Judicial Selection Commission is currently mandated by the State Constitution to present to the Governor  a list of not less than four and not more than six nominees to fill a vacancy in the Office of the Chief Justice, Supreme Court, Intermediate Court of Appeals, and Circuit Courts. The Judicial Selection Commission also presents to the Chief Justice a list of not less than six nominees to fill a vacancy in the District Courts.  Lowering the number of nominees for consideration to fill a state court judicial vacancy to three nominees enhances the level of review the Judicial Selection Commission engages in when selecting nominees from the pool of judicial applicants.  A higher level of review by the commission thereby better enables the Governor and Chief Justice to appoint the most qualified nominee to serve on the bench. For more information about Senate Bill 2205 and to track the bills progress go to: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2205.

Senate Bill 2206 proposes a constitutional amendment to increase the mandatory retirement age of justices and judges from 70 to 80 years of age. The Senate Committee on Judiciary and Labor found that there are a number of judges and justices who are willing and able to serve on the bench past the mandatory retirement age of seventy. While committee further recognized that a mandatory retirement age ensures continued opportunity to serve on the bench, it also believed that judges and justices who are willing and able to serve should be allowed to do so until the age of eighty. For more information about Senate Bill 2205 and to track the bills progress go to: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2206.

Senator Donovan M. Dela Cruz Introduces Stricter Legislation for Dog Breeders

HONOLULU – Senator Donovan M. Dela Cruz has introduced Senate Bill 2274, a measure that would require county animal control officers to establish a process for permitting and inspecting the premises of dog breeders. In February 2011, the Hawaiian Humane Society rescued 153 dogs from Bradley International, a commercial breeding operation in Waimanalo. The Waimanalo business has brought media attention and discussion about the industry.

Moved by the news of the animal rescue, Senator Dela Cruz agreed to be a foster parent to two French bulldogs, that he named Ola and Liko, that were part of the group animals forfeited by the owner of Bradley International. He has since been able to adopt the two dogs. Touched by the ordeal his pets went through, Senator Dela Cruz said, “It is incredible to observe how providing nurture and love to dogs can foster changes in their personality, from dogs that were once fearful to dogs that are now happy and fun loving.”

According to the Senate Bill 2274, any breeder’s refusal of entry and inspection would be grounds for suspension or revocation of the breeder’s permit. This measure also authorizes contracts with any duly incorporated humane society or similar dog protective organization to enforce the new requirements. If signed into law, any person found in violation of the measure could face a penalty of up to $1,000 per violation.

“Having Ola and Liko has really been a joy. I am happy to have them and never want to see them or any other dogs suffer living in horrific conditions. Therefore, I am introducing this legislation pertinent to puppy mills, to provide for stricter enforcement of existing laws and harsher penalties,” said Senator Del Cruz, who represents District 22, which encompasses the areas of Mililani Mauka, Wahiawa, Whitmore, Hale‘iwa, Mokule‘ia, Waialua, Sunset Beach, Pupukea.

Senator Donovan M. Dela Cruz Introduces “Caylee’s Law”

HONOLULU—In reaction to the death of 2-year-old Caylee Anthony, Senator Donovan M. Dela Cruz has introduced a measure that would make it a felony for a parent or guardian who fails to report a missing child 12 years old or younger within 48 hours to a law enforcement agency.  The bill, Senate Bill 2275, is being referred to as “Caylee’s Law.”

The disappearance of Florida girl Caylee Anthony sparked public debate and outrage across the country. Casey Anthony, the mother of Caylee, did not report the child’s disappearance for about a month after her disappearance.

“This bill focuses on protecting Hawaii’s keiki by ensuring that greater accountability and responsibility be placed on parents and guardians to report a missing child in a timely manner,” said Senator Donovan M. Dela Cruz, who represents District 22, which encompasses the areas of Mililani Mauka, Wahiawa, Whitmore, Hale‘iwa, Mokule‘ia, Waialua, Sunset Beach, Pupukea. “My office received a large of number emails requesting that something be done to prevent such future instances.”

The bill would also impose a duty on parents and guardians to report the death of a child or the location of a child’s corpse to law enforcement agency within 2 hours of discovery. Failure to do so would result in a felony.


The Senate Passes Civil Union Bill

HONOLULU- The Senate passed Senate Bill 232, which relates to civil unions, on Friday, January 28, 2011 as amended. Passing with 19 ayes and 2 noes, the bill now goes to the House.

Judiciary Committee Passes Civil Union Bill

HONOLULU — The Judiciary Committee passed Senate Bill 232, which relates to civil unions, on Tuesday, January 25, 2011 with amendments. Passing with 3 ayes and 2 no’s, the bill now goes to the full Senate.

Senate Bill 232 would extend the same rights, benefits, protections, and responsibilities of a married couple to partners in a civil union.

The hearing, which began at 10 a.m., lasted about three and a-half hours. Senators heard testimonies from both sides of the issue.

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