Senators narrow scope of emergency powers bill

By Lynda Arakawa and Kevin Dayton
Advertiser Capitol Bureau

Senate Democrats and Republicans yesterday agreed to narrow the terms of a bill that would give the governor emergency powers to deal with the economic crisis resulting from the Sept. 11 terrorist attacks.

Republicans have criticized the "King Ben" bill, saying it would give Gov. Ben Cayetano powers that were too sweeping and broad. The original bill would have allowed the governor to suspend until June 30 any statute, rule or order that affects businesses. It also would have given the governor the power to suspend, waive, defer or modify contract obligations owed to the state for up to six months.

Under an amended version of the measure approved unanimously by the Senate last night, Cayetano would only be allowed to suspend statutes and rules relating to measures that lawmakers will pass during this special session. That would include programs for the poor, a temporary health insurance program, extended unemployment benefits, airport security and tourism promotion.

The amended bill would terminate the governor's emergency powers — which includes deferring or waiving contract obligations to the state by airport concessionaires and others — on April 30. Senate Minority Floor Leader Fred Hemmings, R-25th (Kailua, Waimanalo), who introduced the floor amendment, explained the governor's powers would essentially end while the Legislature is still in session next year.

That would enable the Legislature to "take definitive action to further amend or suspend or assist the governor in doing what's right, honest and fair," Hemmings said.

The amendment would also include Senate and House Republican leaders in an advisory committee that would inform the Legislature and the public about any emergency powers taken. The original bill only included Senate President and House Speaker, who are both Democrats.

The Senate will take a final vote tomorrow.

"Everybody had some concerns all the way around," said Senate President Robert Bunda, D-22nd (Wahiawa, Waialua, Sunset Beach). "The community had some concerns, and we legislators wanted to be sensitive to our community. So what you see before you today is basically a compromise."

If the House agrees to the amendment, the Legislature could wrap up its business tomorrow, Bunda said.

House Speaker Calvin Say said the amendment might prevent the Cayetano administration from helping needy businesses.

"You're restricting now the powers ... and if there is a major crisis a week or two weeks from now with a major anthrax incident or maybe a man-made disaster we never anticipated, he'd have to call us back in to amend or revise the statutes," said Say, D-18th (Palolo, St. Louis, Kaimuki).

However, Say also said many people expressed worries to lawmakers last week that the bill would give Cayetano too much power.

Majority Leader Marcus Oshiro said House Democrats are open to the amendment.

"If the concern was that it was overly broad, this would address those issues," said Oshiro, D-40th (Wahiawa, Whitmore).

Under his existing powers, Cayetano has already waived airport landing fees and set up a program to defer excise tax payments.

House Republicans said no other governor in the nation has been granted the kind of sweeping powers that would be handed to Cayetano under the original bill, and charged that Democrats would short-circuit the checks and balances of government.

Some Democrats also are queasy about handing over to the governor the power to set aside any state law that affects business, which in practice may amount to virtually any state civil law.

Say, however, has pointed out that Cayetano will have to publicly disclose what he has done each time he uses the new powers.

"You folks know how honest and trustworthy the governor is. You think he's gonna damage his character and reputation in the next six months when his term ends in November?" Say asked.

Cayetano himself has said he did not seek the kind of power the Legislature is considering granting him. "These are extraordinary times, and so the Legislature, the Democratic majority in any event, has decided that it requires some unconventional approaches," he said.