The September 11th attack
GOP decries 'King Ben' measure
By Yasmin Anwar
Advertiser Staff Writer
Republican lawmakers yesterday denounced "the King Ben bill," which they said would make Ben Cayetano the most powerful governor in the United States for the next eight months.
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About a dozen GOP legislators held a press conference at the Capitol in an attempt to spark public opposition to the measure, which would grant Cayetano special emergency powers until June 30 to cope with the economic aftermath of the Sept. 11 East Coast terror attacks.
The bill gives Gov. Ben Cayetano emergency powers.
Proposed by Democratic Senate leaders, the bill — which is being considered during the special session — gives Cayetano singlehanded authority to override state laws and contracts to bring relief to people and enterprises hurt by the economic downturn.
The bill passed in the House and Senate Friday and is up for final approval this week.
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"The Legislature doesn't need to come back in January ... We've given up our powers to the governor. We might as well stay home," scoffed state Rep. Cynthia Thielen, R-49th (Kailua, Aikahi, Kane'ohe Bay Drive).
"We might as well stay home," said Rep. Cynthia Thielen.
Already, Cayetano has asked department heads to identify bottlenecks that can be suspended to expedite critical services.
Emergency powers are also intended to help the state's airport vendors, such as Duty Free Shoppers, whose businesses are suffering from a steep decline in visitors.
Airport vendors whose business have been hurt in the aftermath of Sept. 11 are asking for contract changes that would allow them to pay the state a percentage of their gross revenues rather than a fixed sum. Usually under the terms of their contract, they pay the state a fixed annual amount.
While supporters say the bill is necessary to stimulate business, minimize layoffs and protect public welfare, opponents say lawmakers could explore more creative ways of handling the economic crisis than forfeiting their power.
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"The Hawai'i Legislature is in a state of panic, and just throwing up its hands and saying it can't do anything and let's leave it all to the governor to fix everything through this 'King Ben bill,' " said Rep. Charles Djou, R-47th (Kahalu'u, Kane'ohe)
Rep. Charles Djou said Republicans are considering legal action.
Djou said some Republicans are considering legal action to "stop this unconstitutional bill from becoming law." He also said the Hawai'i chapter of the American Civil Liberties Union is looking into the constitutionality of the bill.
Although the governor has emergency powers to deal with natural disasters, some say it's a stretch to apply that law to the aftermath of the terrorist attacks.
However, Democratic leaders say the governor needs temporary authority to solve crises that cannot wait for January's legislative session.
They say the emergency powers come with safeguards against abuse and are subject to public scrutiny. For example, the governor must notify the House speaker and Senate president that he is invoking emergency powers. He also must issue public notices and monthly reports detailing his use of those powers.
Moreover, some of the bill's backers have noted that the opposition appears to be focused on Cayetano's personality.
At yesterday's press conference, however, Republicans said their concerns have little to do with Cayetano and much to do with the balance of power in Hawai'i.
"I personally have trust and confidence in the governor," said Rep. Mark Moses, R-42nd (Kapolei, 'Ewa Village, Village Park). "Our problem is with the power, not the person."
