Senate Majority Caucus

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.

Senate President Colleen Hanabusa will provide the Opening Keynote Address to the 15th Annual Asian Pacific American Conference on Law and Policy at Harvard’s Kennedy School of Government on February 27, 2009. The conference—which will include sections on environmental racism,  international trade, and the current financial crisis—is intended to raise awareness, to call for action, and to engage attendees of the Conference in addressing the most pressing challenges of our time.The conference is hosted by Asian Pacific American Law Students Association at Harvard law School. It runs from February 27-28.

“It is an honor to be invited by these outstanding students to address a conference addressing such vital issues,” Senator Hanabusa said. “It is a great chance to share our state’s perspective on addressing society’s challenges, and also see how others view the way forward.”

The Asian Pacific American Law Students Association is a political, academic, community service, and social group dedicated to fostering a supportive atmosphere for Asian Pacific American students at Harvard Law School. APALSA strives to promote a greater understanding of Asian Pacific American issues and culture, serve as a vehicle for Asian Pacific American political activity, and provide a social and academic network for Asian Pacific Americans and the Harvard Law School community.

The ceded lands controversy is heating up as the case of Hawaii v. OHA comes before the United States Supreme Court next week. Governor Linda Lingle is appealing the Hawaii State Supreme Court decision that prohibits the State from selling or transferring ceded lands until the claims of native Hawaiians are resolved.

The Senate has heard two bills pertaining to ceded lands:

SB 1677 requiring a two-thirds majority vote of the Legislature before the sale of ceded lands passed Third Reading today with a unanimous vote of 24 ayes and goes to the House

SB 1085 prohibiting the sale or transfer of ceded lands has passed out of the Committee on Water, Land, Agriculture and Hawaiian Affairs and next moves to the Committe on Judiciary and Government Operations

Also, two resolutions have been adopted:

SCR 40/SR 25 were adopted on the floor today urging Gov. Lingle and the Attorney General to withdraw the appeal to the U.S. Supreme Court of the Hawaii State Supreme Court Decision

OHA will air a live discussion on the ceded lands case tonight at 7 p.m. on KITV4. The discussion features panelists that include Senate President Colleen Hanabusa, House Representative Mele Carroll, former Governor John Waihee, Chair of the Hawaiian Affairs Committee, Office of Hawaiian Affairs President Haunani Apoliona, and will be moderated by Skylark Rossetti. You can also view a streaming video of the discussion on the KITV4 website.

Hawaii v. OHA, the first of two cases on the Court’s docket for the day, goes before the U.S. Supreme Court next Wednesday, February 25, 2009, at 5 a.m. HST (10 a.m., EST). Arguments generally last one hour.

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UPDATED on February 23, 2009

View the Spirit of Excellence Award presentation and Senator Colleen Hanabusa’s acceptance speech here!

Senate President Colleen Hanabusa, a licensed attorney, will receive the American Bar Association’s Spirit of Excellence Award at a ceremony at the ABA’s Midyear Meeting in Boston, Massachusetts on February 14, 2009. The Spirit of Excellence Awards celebrate the efforts and accomplishments of lawyers who work to promote a more racially and ethnically diverse legal profession. Senator Hanabusa is the first woman to preside over either chamber of the Hawai‘i State Legislature, and the first Asian-American woman in the nation to preside over a state legislative body.

“Senator Hanabusa is a role model for women and for Asian-Americans,” said Fred Alvarez, chair of the ABA Commission on Racial and Ethnic Diversity in the Profession. “She has used her visibility to encourage young minority women to see law as a viable career, and a way to advance both their own success and their goals for improving society. She has supported other minority women’s professional careers across the state of Hawai‘i.”

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by Senate President Colleen Hanabusa

District 21

Yesterday we witnessed a shining moment in American history, and a historic day for Hawaii as well. Barack Obama, our nation’s first African American President, is also the first President born, raised, and educated here in Hawaii.  

Throughout his long campaign, he challenged us to ask who we are, what we stand for, and what our nation can truly be. 

And as he ascended to lead the greatest nation on Earth—as one chapter ended and another chapter began—our nation and the world saw that this son of Hawaii has succeeded in drawing our people around him by giving them hope through the rallying cry: “Yes, We Can.” That belief has defined the American spirit from the beginning, and kept our people steadfast through challenges of every kind. “Yes, we can.”     

He assumes the leadership of our nation facing one of the greatest challenges any new President has had to address.  Still, America expresses confidence in his ability to see us through these difficult times not because of decades of experience or a celebrated lineage, but because he embodies hope, courage, and the opportunity for change.    

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