Lawmakers override six Lingle vetoes

By Lynda Arakawa and Gordon Y.K. Pang
Advertiser Staff Writers

For only the second time since statehood, the Legislature yesterday overrode a governor's veto.

State Rep. Cynthia Thielen and Rep. Marcus Oshiro point fingers at each other during a recess that followed a contentious debate. Thielen took exception to what she called personal attacks on Gov. Linda Lingle by Oshiro. Votes during the override session mainly fell along party lines. Richard Ambo • The Honolulu Advertiser

The votes in both houses fell along party lines, with Democrats voting for overrides and Republicans siding with the Republican governor.

Lingle, who is in Japan promoting tourism, accused Democrats of putting politics ahead of fiscal reality. But Lingle, the first Republican governor in 40 years, did not say how she intends to respond to the overrides.

There were heated exchanges in both chambers throughout the day, all along partisan lines.

For Democrats, the key override votes came on $3.6 million that Lingle had vetoed in Senate Bill 1305. That bill had earmarked more than $10 million from the so-called Rainy Day Fund to provide money for several health and human services programs. The House voted 34-14 for the override. In the Senate, the vote was 19-5.

Republicans argued that even with the override of that bill and several others, the governor is not required to spend the money.

Democrats said the programs should at least be given an opportunity to have Lingle change her mind if finances improve.

"This bill and our action to override these vetoes are symbolic of our legacy as a government that cares for all of its people," said Senate Health Committee Chairwoman Rosalyn Baker, D-5th (W. Maui, S. Maui). "The beneficiaries of the programs to be funded by Senate Bill 1305 are often the most vulnerable in our society — our keiki, the elderly, the abused, the disenfranchised, the neglected, the uninsured, the poor."

Baker said the bill does not expand programs nor give the programs the full amount that was requested.

"We are on the brink of financial insolvency because the majority party continues to tax and spend," Hemmings said.

Lawmakers also overrode Lingle's veto of Senate Bill 768, which restores binding arbitration for 25,000 public workers represented by the Hawai'i Government Employees Association. Those affected include supervisors, school principals and other white-collar workers.

The bill in part reverses the Legislature's decision in 2001 to eliminate mandatory arbitration for most public worker unions and restore their right to strike.

Senate Labor Committee Chairman Brian Kanno, D-19th (Kapolei, Makakilo, Waikele), called binding arbitration "the modern way" to resolve labor matters without disrupting government services and said a strike of public workers would hurt the public.

But Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai) said binding arbitration is a "win-win situation for public employees and a lose-lose situation for taxpayers."

"It is saying, 'In your face, we don't want any changes, we don't want the reforms that have been activated,' " Slom said.

When the House began deliberations on Senate Bill 1305 shortly after 6 p.m., both majority and minority leadership agreed to cut off oral debate in an effort to save time and asked members instead to submit written comments stating their views.

But that mark of civility came after a period of finger-pointing and partisan bickering that lasted more than six hours, during which legislators were only able to move out three of the six bills on the table.

The testiness was in overdrive during debate on Senate Bill 317, a measure that authorizes $30,000 to the Department of Defense to help finance the Fiftieth Anniversary Commemoration of the Korean War Commission later this month.

Tempers flared when House Majority Whip Marcus Oshiro, D-39th (Wahiawa) described an override of Lingle's veto of the measure as "a no-brainer."

House Assistant Minority Floor Leader Cynthia Thielen stood and protested Oshiro's questioning of the governor's intelligence.

Oshiro said he would refrain from such descriptions but then added that Lingle's veto "reveals the character of our governor and reveals the priorities of our governor."

Thielen again stood to object to Oshiro's remarks, at which point House Speaker Calvin Say, D-20th (St. Louis Hts., Palolo, Wilhelmina Rise) called a recess. Thielen made her way across the chamber floor toward Oshiro and the two continued a lively but civil verbal exchange.

Lingle and the Republicans repeatedly have objected to the bill and others that were vetoed based on cost considerations.

"All across the country, states are finding that they have to make drastic cuts in social services because they didn't stop spending early enough," Lingle told the Associated Press.

Sen. Cal Kawamoto wore a veterans cap during debate to overturn a veto on money for a war commemoration. Richard Ambo • The Honolulu Advertiser

Republicans cited an opinion from the attorney general's office that said the bill could create liability for the state because it mandates emergency aeromedical services throughout the state but only appropriates additional money for Maui County. GOP lawmakers also questioned the urgency of the override, noting that the money cannot be spent until July 1, 2004.

But Democrats said Maui has the most pressing need for aeromedical services and that the extra year is needed for emergency medical officials and the county to plan for the additional services.

Baker said that not overriding the veto would send those officials a message that the Legislature is not sure of its commitment.

Also overriden was House Bill 282, which allows the legislative auditor to be reimbursed by departments and agencies for financial audits. Lingle and the Republican lawmakers objected, saying it would cause a duplication of expenditures.

Republican lawmakers also criticized Democrats for bringing up the bill in a special session, noting that Gov. Ben Cayetano vetoed a similar bill last year without a threat of an override.

Democrats said this year's version was different because it established an audit revolving fund, while last year's bill would have paid for the audits through the general fund.

The veto of Senate Bill 255 was also overridden. It curtails the restrictions that can be placed by a homeowners' association or other entity on agricultural lands in an effort to stymie developers from building luxury residential lots on properties designated for agricultural use.

Lingle and the Republicans said the bill is too restrictive and could prevent any restrictions from being placed on agricultural lots.

The Associated Press contributed to this report. Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or Gordon Y.K. Pang at gpang@honoluluadvertiser.com. Or reach either at 525-8070.