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The Honolulu Advertiser

Posted on: Friday, June 28, 2002

Cayetano confident of veto

By Lynda Arakawa
Advertiser Capitol Bureau

Gov. Ben Cayetano yesterday said Sen. Colleen Hanabusa's argument that his vetoes of 13 bills missed the veto deadline is flawed. Meanwhile, chances of lawmakers calling a veto-override session appeared slim.

Hanabusa on Wednesday sent a letter to the state attorney general's office asking for an opinion on whether the governor's vetoes on Monday are valid. She cited the constitutional provision that gives the governor 45 days after the end of the session to consider bills, as long as the governor gives the Legislature 10 days' notice of bills to be vetoed.

The constitution also says the Legislature must convene no later than noon on the 45th day to override any vetoes.

Hanabusa concluded that means the governor is required to give the Legislature notice by noon on the 35th day, which was Monday.

Cayetano sent his veto messages to the Senate clerk's office at 5:15 p.m.

Hanabusa had lobbied heavily for a $75 million tax break for an aquarium project at the Ko Olina resort that the governor vetoed Monday.

Among the other vetoed measures in question are a 4 percent tax credit for other commercial construction, a campaign finance reform bill and an extension of rent relief for airport concessionaires.

"If Sen. Hanabusa's interpretation is accepted then it would maybe affect vetoes made for the last 30 years, maybe since statehood," Cayetano said. "We looked at the case that she cited. We don't think that she's correct. I have a great deal of respect for the senator. I would hope that perhaps that she would convince the members of the Legislature to find ways to address some of the concerns that we have in the bills that I vetoed instead of getting into a legal hassle."

Jim Bickerton, a Honolulu lawyer who has handled cases dealing with constitutional issues, said he doesn't think Hanabusa's interpretation of the constitution would be upheld in court.

"The 10 days' notice is triggered to the expiration of his 45-day period," he said. "It's not tied into the time when the Legislature has to convene on the 45th day. They're two separate concepts."

"I think if she wants to be successful at the end of this battle she's going to have to come up with a stronger argument than that one," Bickerton said.

Hanabusa said she is waiting for the attorney general's opinion before taking the next step, which could mean filing a complaint with the Hawai'i Supreme Court. But House and Senate Republicans said that rather than engage in a legal dispute, lawmakers should just go ahead and override the vetoes of measures, including the Ko Olina tax break and campaign finance reform.

Cayetano has said he vetoed the Ko Olina tax break because he believed taxpayers should not help shoulder the burden for a specific developer.

He vetoed the campaign finance reform bill, criticizing lawmakers for exempting themselves from a ban on contributions from government contractors.

"Sen. Colleen Hanabusa may very well be right that Gov. Ben Cayetano's veto of the Ko Olina resort tax credit legislation is too late, but it would be irresponsible for the fate of this legislation and other important bills to be left in the hands of lawyers' interpretations and ultimately a judicial ruling," said Senate Minority Floor Leader Fred Hemmings, R-25th (Kailua, Waimanalo).

Lawmakers must convene by noon July 9 to override any bills.

But House Speaker Calvin Say, D-18th (Palolo, St. Louis, Kaimuki), said House Democrats are not interested in an override and that he would prefer to address the issues next session.

Two-thirds of both the House and Senate are needed to override a veto.

Hanabusa also said if the governor's vetoes are not valid they cannot be overridden.

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 525-8070.