Senate Majority Caucus

“Thank you Governor Lingle. On behalf of Speaker Say, the legislature, and more importantly the people of the state of Hawaii, we thank you for your public service.

My colleagues and I have all commented on the fact that this will be the most difficult legislative session that we will all face, many of us, probably, for our whole legislative careers. This is a time when we must work collaboratively. And for the people of the state of Hawaii, collaboratively doesn’t mean that we will always agree. Debate is good. Discussion is good. And we know, Governor, that we have had many of those over these years.

But what that means for everyone is that we will leave no stone unturned. That is what we must do to meet this challenge. And I know that the legislature, the Governor, and her cabinet, we’re all up to it, because we must be, for you, the people of the state of Hawaii.

I do want to say something that has never been emphasized, and in the honoring of Coach Shoji the Governor didn’t mention it, but I think it is also very important that in Governor Lingle we saw the first woman governor of the state of Hawaii. And as we heard the stories of Coach Shoji’s amazing career, we have spent all these years thinking as a girl, “We’re better than the boys; look at all the things he wins.” And as I look up at the robotics team and see so many young girls, remember, remember in the future, that you saw the first woman governor of the state of Hawaii. And we all owe you, Governor, a debt of gratitude for that. Because that propels girls and women ahead.

So on that note, Governor, again, on behalf of all of us, we thank you. We look forward to working collaboratively with you in this last year.

And now, I declare this joint session adjourned.”

by Senate President Colleen Hanabusa
District 21

The Capitol is quiet today. The crowds and celebrations that typically accompany an opening day of the Hawaii State Legislature are absent. Because while we still welcome with open arms anyone who wants to ask for our help or express their point of view, we know that this session will be different. Now is not the time to celebrate. Now is the time to work.

We face unprecedented challenges in our homes, in our communities, and in this Capitol. For our neighbors, friends and families, for the people who supported us, elected us, and entrusted their future to us, the question is often one of survival. How will they cope with an economic outlook that has continued to worsen, and a recovery that seems to forever sit at the farthest horizon?

For those of us in this chamber, the question is how we will make a difference in this, the most difficult session we are likely to see in our legislative careers.

How will we lay the foundation or our state’s success while confronting the inescapable reality that we must trim expenses and balance our budget again, while continuing to serve those in our community who truly rely on our assistance?

And, perhaps more importantly, how will we in state government regain the confidence of our community? How will we demonstrate that we are up to this task, that we can make a difference, that we will provide the vision and leadership that it will take to provide the promising tomorrow that everyone wants, and everyone should have a right to expect?

If ever there was a moment when we must rise to meet the challenge, now is the time.

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Regarding the Opening Day of the 2010 Legislative Session:

Many challenges confront our State as we find ourselves in the grip of a severe economic crisis requiring significant sacrifice from families, individuals, and businesses across our community. This year, with so much at stake, and with so much work needing to be done, the House and the Senate have decided to refrain from its customary activities and ceremony in order to get straight down to business from the very start.

There will be no entertainment, no flowers, no festivities or subsequent receptions, as has been the tradition in years past. Speeches will be abbreviated, and instead of being platforms for caucus agendas, will be focused on the joint effort required of us all, working together. Committee Chairs will use the additional time to hold hearings and informational briefings focused on the most pressing issues facing our State: the economy, education, health care, and public safety.

As in the case for our daily floor sessions, seating in the Chamber gallery for the public will be available on a first come, first served basis. However, again, we intend for the 2010 Opening Day floor session to be conducted as strictly business with no ceremony whatsoever.

Further, in years past we have been fortunate recipients of generous gifts of Aloha or well wishes. This year, we ask that in lieu of giving gifts, if you still feel compelled to give anything, please donate funds to your favorite charity, to help mitigate some of the hardship that these economic struggles have caused.

Read the full 2010 Opening Day Memo.

On August 27, 2009, Senate President Colleen Hanabusa presented an update on 2009 Legislative Session to the West Hawaii Bar Association in Judge Ronald Ibarra’s courtroom in Kealakekua, Hawaii. 

In the photo, from L to R: Mike Matsukawa, Vicki Kalman, Margaret Masunaga, Judge Ronald Ibarra, Senator Colleen Hanabusa, Bob Kim, Carol Kitaoka, and Dawn West.

Chairman Daniel K. Inouye,
United States Senate Committee on Appropriations

Aloha Chairman Inouye,

Thank you for allowing me this opportunity to testify on behalf of the Hawaii State Legislature on the impact of the American Recovery and Reinvestment Act of 2009 (ARRA) stimulus funds on our State Budget.

At the time the State Budget plan was finalized in May, the National Economic Outlook was uncertain and economic contraction was a severe reality in our islands. In February of 2009, the occupancy rate for Hawaii hotels was at its lowest rate since 1991, and total visitor expenditures fell 15.9 per cent, according to the Department of Business, Economic Development, and Tourism. Oahu experienced the smallest part of the occupancy rate decline, and the island of Hawaii experienced the largest.

Our island economy continues to be impacted by the loss of ATA and Aloha Airlines, two cruise ships, Hawaii Superferry, and the closure of Molokai Ranch. As of April of 2009, Hilo Hattie, a local clothing favorite, lost $4.6 million in its first five months in a Chapter 11 bankruptcy reorganization filed on October 2, 2008. Construction slowed dramatically in 2009, which resulted in additional job losses. The State’s unemployment rate is not expected to peak until the fourth quarter of 2009.

Oil prices, the housing market, and U.S. credit remain wild-card factors that could have long-lasting impacts on the Hawaii economy.

By statute, the Council on Revenues (COR) reports its latest tax revenue forecast to the Governor and the Legislature on June 1, September 10, January 10, and March 15 of each year. The revenues come primarily from the general excise tax and the state income tax. Since the March 2008 forecast, the COR has each time reduced its prediction of tax revenues for the coming fiscal years. From March 2008 to October 2008, the COR general fund tax revenue projection through the upcoming biennium dropped by $1.341 billion.

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UPDATED on April 1, 2009

The Hawai‘i Supreme Court today granted the Hawai‘i State Legislature’s Motion for Leave to File an Amicus Curiae Brief in the case Sierra Club v. Department of Transportation. The brief must be filed by April 17, 2009.

View the Court’s order.

The Hawai‘i State Legislature has filed a Motion for Leave to File an Amicus Curiae Brief in the case Sierra Club v. Department of Transportation (Supreme Court No. 29035), commonly referred to as Sierra Club II, or the Superferry case. A motion by the state for the Hawai‘i Supreme Court to reconsider the Court’s earlier ruling in the case is currently pending. If the Legislature’s motion is granted, the Legislature would be permitted to file a brief stating its position regarding questions presented in the case, and seeking clarification of key issues.

The case arises out of a challenge to Act 2 of the Special Session of 2007, which permitted the Hawai‘i Superferry to operate pending the completion of an Environmental Impact Statement. On March 16, 2009, the Hawai‘i Supreme Court held that Act 2 violates the Hawai‘i Constitution because it is not a “general law” as the Constitution requires.

“We think that given the impact this decision could have on the Legislature as a co-equal branch of government, we should have an opportunity to present our arguments and concerns,” said Senate President Colleen Hanabusa. “Our interest is solely in the effect this decision could have on existing and future legislation.”

The Legislature’s motion argues that the Sierra Club II decision “will lead to significant uncertainty regarding several key issues, including:

 • The breadth of the “general law” provision contained in the Hawai‘i State Constitution, Article XI, section 5. An overbroad interpretation of the “general law” requirement could significantly limit the Legislature’s ability to enact laws or to address specific public policy challenges as they arise;

• The constitutionality of repeal provisions or “sunset” clauses, and how they may affect the constitutionality of otherwise proper Legislative actions;

• The proper application of the severability clause, such as that contained in the legislation under review, and the feasibility of using such clauses to ensure the constitutionality of the substantive provisions of Legislative acts.

In its motion, the Legislature also states that, “these arguments are uniquely focused on the Legislature’s role in State government. An expansive reading of Sierra Club II could unnecessarily chill the power of the Legislature to address the most pressing concerns of the people of Hawai‘i.”

Finally, the Legislature’s motion asks that it be given until April 17, 2009 to file its amicus curiae brief. “The Court granted the State special leave to file its motion for reconsideration no later than April 13, 2009,” the Legislature said. “This amicus brief would be due no more than four days later, and would therefore not delay the Court’s disposition of the motion for reconsideration.”

The Legislature is represented in the appeal by First Deputy Solicitor General Girard D. Lau and Deputy Solicitor General Deidre Marie-Iha.

A very somber moment in our state’s history, the 2009 Hawaii Medal of Honor ceremony was marked with sadness, loss, great honor, and profound gratitude. Honoring our fallen soldiers, Senate President Colleen Hanabusa offered these remarks:

As a citizen of this great land, born with the freedom to speak, to believe and to dream, free to express personal thoughts without fear of recrimination or reprisal, to protest and participate in government, I am thankful to be a part of this ceremony in honor of our fallen heroes.

In protecting all we treasure, in defending all we hold dear, and in preserving those values which distinguish us as proud Americans, no man and no woman stands sentry alone.  We stand as a nation and a community, beside them in spirit and with them in a shared commitment.

And just as surely as we will not see them stand alone, we will not allow them to fall alone.  We stand together in their name, by pausing to reflect on the unshakable duty and unquenchable bravery that have marked their passage among us.  We share the pride of countrymen, and share the tears of brothers, sisters, mothers, fathers and friends.

Today, we gather in joint session to honor those who have made a sacrifice for which we cannot ask, and shall not forget.  We honor the family, friends and colleagues who have also sacrificed…who have themselves paid a price…and who helped make today’s honorees the brave, strong individuals that we called on and counted on to serve our nation.

We offer this honor as a small token that can never in itself repay the honor that has been given us.  An honor borne of courage, driven by duty, and paid for in loss.

The roll of heroes that we call today is more than a list of names.  It is an acknowledgement of community.

The Hawai‘i Medal of Honor is reserved for those who have touched our islands, and have felt the touch of our people.  And in offering it to those gathered here, in memory of those who have fallen, we recognize that they are a part of us.  For each and every one of you, your tears are our tears.  Your loss, our loss. Your pride, our pride.  Wherever each of these medals finds its final home, a piece of our hearts goes with it.  You will always be a part of our ohana, our family, because you have brought us honor, and allowed us to share these lives.

These medals symbolize our aloha.  Our farewell to those we have lost.  But also our love for those who have lived among us, touched us, and sacrificed for us.  And our enduring welcome for all represented here today, the fallen and their families, who will be counted among us forever.

A grateful state best honors and remembers the sacrifices of these who have served our nation by living our lives in deepest appreciation of our freedom.  That is what they defended.  That is what they fought and died for.

In reflecting on another day marked with great bravery and great sacrifice, Shakespeare wrote, “This story shall the good man teach his son.”  We owe no less a duty to our honorees and to future generations. These names and deeds shall remain etched in our state’s shared history.  And we will each say to a companion, young or old, at a moment of great pride or great sadness, “I have heard a story of brave Americans.”

Today, we remember, in moments of quiet reflection, each and every one of these heroes.  We stand united to honor their memory and express our profound gratitude for their ultimate sacrifice.

Mahalo.

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2009 HAWAII MEDAL OF HONOR RECIPIENTS

United States Marine Corps Sergeant Phillip A. Bocks
United States Army Sergeant Ireno S. Lacerna
United States Army Sergeant Gary D. Willett
United States Army Sergeant First Class Jerald A. Whisenhunt
United States Army Sergeant Timothy P. Martin
United States Army Corporal Michael T. Manibog
United States Army Specialist Gregory B. Rundell
United States Army Specialist Jeremiah C. Hughes
United States Army Sergeant First Class David L. McDowell
United States Army Sergeant John K. Daggett
United States Army Private Eugene D.M. Kanakaole
United States Marine Corps Captain Philip J. Dykeman
United States Marine Corps Corporal Marcus W. Preudhomme
United States Marine Corps Lieutenant Colonel Max A. Galeai
United States Army Corporal William L. McMillan III
United States Army First Lieutenant Jonathan P. Brostrom
United States Army Sergeant Kenneth B. Gibson
United States Army Staff Sergeant Julian F.A. Manglona
United States Army Private First Class Christopher A. McCraw
United States Army Staff Sergeant Solomon T. Sam
United States Marine Corps Corporal Thomas Reilly Jr.
United States Army Private First Class Christopher W. Lotter
United States Army Private Sean P. McCun

Senate President Colleen Hanabusa earlier this month was awarded the American Bar Association’s Spirit of Excellence Award, celebrating the efforts and accomplishments of lawyers who work to promote a more racially and ethnically diverse legal profession.

View a clip of the presentation and Senator Colleen Hanabusa’s acceptance speech here! Read the original post.