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The Honolulu Advertiser
Posted on: Wednesday, April 2, 2003

Capitol briefs

Advertiser Staff

Senate resolution targets Patriot Act

Yesterday was the 44th day of the 60-day session.
The USA Patriot Act may infringe upon civil liberties guaranteed by the U.S. and state constitutions, according to a resolution approved yesterday by the Senate Judiciary and Hawaiian Affairs Committee.

Senate Concurrent Resolution 18 and Senate Resolution 8 calls for the state to urge Hawai'i's congressional delegation to work to repeal any sections of the USA Patriot Act "or recent executive orders that limit or violate fundamental rights and liberties protected by the Constitutions of Hawaii and the United States."

The Patriot Act, approved in October 2001, gave the government new powers to obtain personal information about U.S. citizens and allows the government to detain aliens deemed threats to national security and hold them without public acknowledgment.

It also has given federal law enforcement agencies greater wiretap authority, access to student and library records and new Internet wiretap powers.

The resolutions, which also discourage the use of state resources for activities authorized under the Patriot Act, will go to the full Senate for a floor vote.


Adults may pay for letting minors drink

A bill that would impose civil liability on an adult for providing alcohol to a minor who causes injury has advanced out of the House Judiciary Committee.

Senate Bill 1234 got a boost yesterday from Lt. Gov. James "Duke" Aiona, who made a surprise visit to the committee meeting to testify in favor of it. Passing the bill will give adults "second thoughts as to how they interact with our young people and what kind of role models they should be with our young people," Aiona said.

The bill gives victims injured by an intoxicated minor the right to collect compensation from an adult who allowed the minor to drink alcohol, or who sold, provided, or bought alcohol for the minor. It also states explicitly that adults are prohibited from providing alcohol to minors. Existing law only states that adults are barred from purchasing alcohol for minors.

An amendment by Judiciary Chairman Eric Hamakawa would require that an adult have actual knowledge of alcohol consumption by a minor on his or her premises.


'Loophole' seen in finance reform bill

House Republicans say a campaign finance reform measure offered by House Democrats carries a "gigantic loophole" that allows abuses to continue.

Minority Leader Galen Fox, R-23rd (Waikiki, Ala Moana, Kaka'ako), said that House Bill 284 purports to bar contractors from contributing to political campaigns but contains a provision that allows anyone with less than 25 percent ownership in a corporation to give as individuals.

"That makes a total and complete fakery out of the bill because virtually everybody in a corporation has less than 25 percent ownership," Fox said.

House Republicans all voted for the measure when it came up for a final vote on March 6, but they said yesterday they did so without knowledge the loophole existed.

House Democrats said that a balance needs to be struck between campaign finance reform and First Amendment rights.

House Majority Whip Brian Schatz, D-25th (Makiki, Tantalus), said the Democrats' bill is actually more stringent than the package offered by Republican Gov. Linda Lingle, whose bill would apply only to nonbid contractors and also includes the 25 percent exemption.


Panel endorses judicial nominees

Two judicial nominees won the unanimous endorsement of the Senate Judiciary and Hawaiian Affairs Committee yesterday.

Hawai'i Supreme Court Chief Justice Ronald Moon's appointments of Honolulu attorney Bert I. Ayabe to the District Court and former state judiciary chief administrative director Michael F. Broderick to the District Family Court will now go to the full Senate for a confirmation vote.

Both Ayabe and Broderick received overwhelming testimony supporting their appointments.


'Mail-order' bride measure advances

Foreign "recruits" of international matchmaking services would be given access to the marital and criminal histories of its Hawai'i clients, under a bill approved by the Senate Judiciary and Hawaiian Affairs Committee yesterday.

House Bill 135 would require Hawai'i-based matchmaking companies to inform the foreign client that marital and criminal history information is available and to supply it, in the client's language, when requested. No further assistance in bringing the prospective couple together could be given until the resident client provides the information to the foreign client.

Advocates of the bill said it would protect foreign women who make themselves available for mail-order bride services. It now goes to the full Senate for a floor vote.