Posted on: Wednesday, October 24, 2001

Editorial
Economic 'martial law' measure goes too far

One of the most troubling proposals up for consideration this week is a measure that would grant broad and unprecedented powers to the governor in times of economic emergency.

It is, in very real terms, a measure that would let Hawai'i's governor declare economic martial law. He would be empowered to suspend any state law, rule or order as well as suspend or waive any contract obligation owed to the state. The operative word here is "any."

While there is no reason to think Gov. Cayetano, or any future governor for that matter, would be so careless as to throw out state laws, obligations and rules on a wholesale basis, the bill as written makes it possible.

It is clear that the primary focus of the measure is on the airport, particularly concessions and airlines that have been particularly hard-hit.

The measure would allow the governor to defer or renegotiate contracts with vendors — contracts that were written when passenger volume was much greater than it is today. It would allow him to waive landing fees and other airport charges.

This makes sense. And there may be other areas (the harbors, perhaps) that fit this picture.

But the sweeping power to wipe laws and obligations off the books goes too far. If a particular problem arises, it can be dealt with at that time.

As written, the bill does far too much damage to our established system of checks and balances.