{"id":9974,"date":"2023-03-06T22:58:41","date_gmt":"2023-03-06T22:58:41","guid":{"rendered":"https:\/\/hawaiioceannews.com\/?p=9974"},"modified":"2023-03-11T21:31:50","modified_gmt":"2023-03-11T21:31:50","slug":"the-anatomy-of-toxic-lawmaking-in-hawaii","status":"publish","type":"post","link":"https:\/\/hawaiioceannews.com\/index.php\/2023\/03\/06\/the-anatomy-of-toxic-lawmaking-in-hawaii\/","title":{"rendered":"The anatomy of toxic lawmaking in Hawaii"},"content":{"rendered":"
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\n\t\t\t\t\t\tA clear pattern is emerging\t\t\t\t\t\t<\/h3>\n\t\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t
<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t\t\t\t

\n\t\t\t\t\t\tHawaii's democracy delusion\t\t\t\t\t\t<\/h4>\n\t\t\t\t\t\t<\/div>\n<\/div><\/div><\/div>

 <\/p>\n

Editor's note to our readers:<\/strong>\u00a0 Hawaii Ocean News is dedicated to archiving the ongoing activities of our lawmakers and their lawmaking as it relates to our ocean recreation community. Our powerful search engine can quickly pull up articles with names, places and events and is available to everyone, no charge, no subscription or commitment, ever.\u00a0\u00a0 <\/span><\/p>\n

We want the people of Hawaii to know how exactly we ended up the way we did; we want you to know the names of the people who befriended you and who betrayed you and your children going forward.\u00a0 Hawaii lawmakers, this is your legacy.<\/span><\/p>\n

Hawaii Ocean News is a living historical record in perpetuity, available to everyone, free of charge, always. Now with more than 10,000+ subscribers.\u00a0 Click here<\/a> to request a subscription (we do NOT<\/strong><\/em> archive personal information!) Learn more<\/a> about who we are.\u00a0 Katherine Lindell, editor<\/strong><\/em>
\n<\/span><\/p>\n

 <\/p>\n

Passing toxic, illegal legislation in Hawaii has become normalized (SB795(2021)<\/span> and HB1089 were the red warning flares)<\/span><\/strong><\/p>\n

The first stop for House Bill 1089 was the legislature's WAL committee where it received a standing ovation from all of the representatives despite the fact that it was unconstitutional, would essentially end up barring the public from what was once public land, and was secretly introduced with the introducers being carefully hidden from public view<\/a>. The standing ovation was not for the bill but rather a display of allegiance to\u00a0 Josh Green,<\/a> who is suspected of secretly originating this package. The fact that it's illegal, unconstitutional, and secretive seems to be no problem for our self-promoting \"pandemic consultant\", or legislators -- an insensitivity that suggests a long history of lawmaking abuse in our legislature.<\/span><\/p>\n

 <\/p>\n

After 6 years of watching Hawaii's legislature in action, we've noticed a clear, toxic lawmaking pattern in Hawaii:<\/span><\/strong><\/p>\n

1) Some legislation will be designated from its inception to be ramrodded through the legislature<\/strong><\/em> REGARDLESS of its legality, its constitutionality, the amount of public opposition, or the resulting damage to the community. These are pieces of legislation that have hidden agendas benefiting certain individuals within our government or their supporters or benefactors. SB 795 (2021)<\/span><\/a> was just such a piece of legislation. The passing of this bill resulted in a humanitarian crisis<\/a> for one of Oahu's demographics; some state of Hawaii tenants were near instantly driven from their homes -- some were made homeless -- while the remainder were put under enormous existential stress ongoing into the future. The resulting Act 42 legislation gave carte blanche administrative power, way beyond his pay grade, to a minor potentate, division head Ed Underwood: a person known to be a pathological liar,<\/a> a bully and a fraudster. <\/span><\/p>\n

2) Legislation will quite regularly ignore the constitution, as is convenient<\/strong><\/em> . . . so much so that in 2021 the League of Women's Voters and Common Cause Hawaii filed a lawsuit to this effect. But even as the Supreme Court sided<\/a> with the plaintiff the legislature continues to ignore\u00a0 the constitution.<\/span><\/p>\n

3) Some elements of some legislation are kept secret from the public<\/strong><\/em>: bill introducers are hidden, advisory board identities are kept secret, and certain key background data regarding legislation is left unsaid or hidden.<\/span><\/p>\n

4) The legislative and lawmaking process in Hawaii is purpose-built from the ground up to make it as difficult as possible for the public to participate<\/strong><\/em> in the lawmaking process; Hawaii statute requires that lawmakers allow public input, so legislators go through the motion of fielding public comment . . . and then mostly ignore it <\/span><\/p>\n

5) Lawmakers go through a great deal of trouble not to disclose the introducers of legislation that may be illegal or unconstitutional<\/strong><\/em>, or that will be known to result in being a causative factor in future public catastrophes\/humanitarian crises<\/a> (see SB795<\/a> (2021)<\/span><\/span>, or be wildly unpopular<\/span><\/p>\n

6) Legislation that is built for the sole purpose of insulating the state from future legal readdress<\/strong><\/em>: purpose-built successive legislation for the sole purpose of making the illegalities of a predecessor statute magically disappear with the new legislation, making all previous litigation under the superseded law null and void\u00a0 <\/span><\/p>\n

7) Position the responsibilities of an attorney general in such a way as to render him\/her powerless<\/strong><\/em> to act on the illegal protocol and unconstitutionality that occurs daily in Hawaii's state legislature (which would explain why Clare Connors was so useless in her role as AG) <\/span><\/p>\n

8) Ensure the greatest attention to<\/strong><\/em> legislators who fight for big-money interests <\/strong><\/em><\/span><\/p>\n

9) Make sure that Hawaii's version of lawmaking allows for behind-the-scenes and out-of-the-sunshine collusion<\/a><\/strong><\/em> between Hawaii legislators and low level division operatives who stand to gain financially by encouraging the introduction of certain new legislation\u00a0 <\/span><\/p>\n

10) Make behind-the-scenes legislator\/governor collusion okay<\/strong><\/em>, as we see with so-called \"governor's packages\", where the public is not told about the back-door origin of a package. And . . . <\/span><\/p>\n

11) Don't worry be happy<\/strong><\/em> . . . it's not about you or the people of Hawaii; Hawaii's government is anything but a government \"of, by, and for\" the people of Hawaii.<\/span><\/p>\n

 <\/p>\n

Our testimony to the FIN committee February 28, 2023:<\/span><\/strong><\/span><\/p>\n

An open testimony
\n<\/strong>(Note: This testimony has been published on the Hawaii Ocean News website so that all of Hawaii might be aware of its existence.)<\/em><\/span><\/p>\n

Regarding HB1089<\/a> (companion: SB1387<\/a>):<\/span><\/p>\n

RELATING TO A STATE BOATING FACILITY LEASE PILOT PROGRAM<\/span><\/p>\n

\u00a0Testimony submitted by:<\/strong><\/span><\/p>\n

Katherine Lindell<\/span>
\nHonolulu, Hawaii<\/span>
\nKatherine@HawaiiOceanNews.com<\/em><\/span><\/p>\n

\u00a0\u00a0On: February 27, 2023, @ 11AM<\/span><\/p>\n

\u00a0<\/span>
\nTestimony<\/strong><\/span><\/p>\n

A WARNING TO:<\/strong><\/span><\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
Micah P.K. Aiu<\/a><\/span><\/td>\n<\/tr>\n
Cory M. Chun<\/a><\/span><\/td>\n<\/tr>\n
Elle Cochran<\/a><\/span><\/td>\n<\/tr>\n
Andrew Takuya Garrett<\/a><\/span><\/td>\n<\/tr>\n
Kirstin Kahaloa<\/a><\/span><\/td>\n<\/tr>\n
Darius K. Kila<\/a><\/span><\/td>\n<\/tr>\n
Bertrand Kobayashi<\/a><\/span><\/td>\n<\/tr>\n
Rachele F. Lamosao<\/a><\/span><\/td>\n<\/tr>\n
Dee Morikawa<\/a><\/span><\/td>\n<\/tr>\n
Scott Y. Nishimoto<\/a><\/span><\/td>\n<\/tr>\n
Mahina Poepoe<\/a><\/span><\/td>\n<\/tr>\n
Jenna Takenouchi<\/a><\/span><\/td>\n<\/tr>\n
David Alcos III<\/a><\/span><\/td>\n<\/tr>\n
Gene Ward<\/a>
\nYamashita, Kyle T.
\nKitagawa, Lisa<\/u><\/a><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n

THIS BILL IS UNCONSTITUTIONAL IN ITS PRESENT FORM . . . REARRANGING THE WORDING IN THIS BILL DOES NOT CHANGE THE WAY IN WHICH IT VIOLATES THE STATE\u2019S CONSTITUTION; TO PROCEED WITH THIS BILL IN ITS PRESENT FORM IS A SLAP IN THE FACE TO EVERY RESIDENT IN OUR STATE AS WELL AS OUR FOREFATHERS WHO AUTHORED HAWAII\u2019S STATE CONSTITUTION<\/span><\/p>\n

1) Unconstitutional Component<\/em><\/strong><\/span><\/p>\n

Firstly:\u00a0<\/strong> <\/em>The composition of SB1387<\/a> (companion: HB1089<\/a>) constitutes a clear violation of Hawaii\u2019s State Constitution<\/a>: the agenda items contained therein, shoehorned together in this same bill, are mutually exclusive, in violation of the state\u2019s constitution (Article 3, section 14<\/a>). \u00a0Allowing this bill to proceed through the legislature in its present form snubs the foundational laws of this state and is a slap in the face to the people of Hawaii. <\/span>Clearly, all you\u2019re doing is attempting to attract more interest among legislators via an unconstitutional subterfuge.<\/span>
\n<\/em><\/strong><\/p>\n

2) Failure to Disclose Introducers<\/em><\/strong><\/span><\/p>\n

Secondly: \u00a0in any open and honest government, all introducers of any piece of legislation will be disclosed.\u00a0 Why are the introducers of this bill being hidden?\u00a0 Who are they?\u00a0 Why are they hiding or being hidden?\u00a0 Some have already suggested that the hidden introducers are part of the governor\u2019s \u201cinner circle\u201d and that this is nothing more than a piece of legislation purpose-built by the governor himself.\u00a0 If that\u2019s true, this represents an ethical violation that must be rectified.<\/span><\/p>\n

\u00a0You have an obligation to clarify all of this to the public before moving forward with this bill.<\/em><\/span><\/p>\n

 <\/p>\n

3) Advisory Board Requirement<\/em><\/strong><\/span><\/p>\n

Thirdly: \u00a0<\/em><\/strong>The privatization of publicly owned properties is a radical alteration of intended use of any public facility.\u00a0 As such, a precursor to such a change must include a board or advisory council made up of the affected public. The latter needs to be completed and operational first.<\/em>\u00a0 This cannot be the \u201cgutted\u201d version of a board\/advisory committee suggested by HB422<\/a>, but rather, a fully functioning board that is looked to for advice regarding changes to and the operation of the affected public properties.<\/span><\/p>\n

\u00a04) Legal Irregularities<\/em><\/strong><\/span><\/p>\n

Fourthly: \u00a0<\/em><\/strong>There are legal irregularities that are currently taking place, ongoing, in the administration of the public\u2019s marina system that must be resolved first, before moving forward with this bill.<\/span><\/p>\n

\u00a0To wit:
\na) <\/em><\/strong>An ongoing DoBOR-sanctioned administrative procedure that has taken thousands of dollars from hopeful principal habitation permittees, while denying them access to the very same privilege that they had signed up and paid for.\u00a0 The State needs to be reminded, once again, that the exchange of money from one hand to another constitutes a contract.\u00a0 The State is currently reneging on that contract in real time and over a protracted period of time. This constitutes fraud.<\/span><\/p>\n

b) <\/em><\/strong>The arbitrary and capricious valuation of floating pier electrical usage charges, in it\u2019s current form, constitutes fraud.<\/span><\/p>\n

 <\/p>\n

5) Inconsistent with Intended Use<\/em><\/strong><\/span><\/p>\n

Fifthly:\u00a0<\/strong> <\/em>Hawaii\u2019s public harbors are publicly owned properties that allow all of our residents to enjoy recreational boating, regardless of income status.\u00a0 By privatizing our harbors \u2013 or any public entity \u2013 the for-profit model that the lessee intends will, by default, not be consistent with the public model that was intended by our forefathers.<\/span><\/p>\n

\u00a0The notion of a so-called \u201cpublic-private\u201d partnership is, as you well know, a subterfuge intended to misrepresent the introducers\u2019 true agenda.\u00a0 This is unacceptable lawmaking except in third-world banana republics where anything goes.<\/span><\/p>\n

\u00a0<\/span>
\nPlease do the right thing and reject this piece of legislation at the very first opportunity.<\/span><\/p>\n

Katherine Lindell<\/span>
\nHonolulu, Hawaii<\/span><\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

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