Lingle vetoes bill for long-term care
| • | Bills that Gov. Lingle vetoed |
By Gordon Y.K. Pang
Advertiser Capitol Bureau
A legislative plan to impose a monthly fee on Hawai'i workers to finance a long-term-care program for the elderly and disadvantaged was among a host of bills vetoed by Gov. Linda Lingle late last night.
Lingle, in one of the veto messages she delivered personally to Senate President Robert Bunda and House Speaker Calvin Say just before 11 p.m., said she objected to the bill because it only provides for up to one year of coverage. "In exchange for taxes paid over a lifetime, individuals would qualify for only 365 days of benefits too small to cover the current average daily cost of long-term care, much less what such costs might be at the time benefits were actually paid."
Additionally, she said, the program is "fundamentally unfair and regressive" and could cost the state up to $1 million to start up and $320,000 a year to administer. Lingle added that the fund, which could grow to $1.2 billion over 10 years, might be used for unintended purposes.
Senate Bill 1088 would have charged taxpayers $10 a month starting in 2005 to create a state program providing about $70 a day in cash benefits for up to a year to those who qualified. The tax would have risen gradually to $23 a month by 2012.
The same bill also incorporated a tax credit of up to $120 annually for those who purchased long-term-care insurance, a concept the governor supported.
Lingle chastised the Legislature for merging the two plans.
But House Health Chairman Dennis Arakaki, D-30th (Moanalua, Kalihi Valley, Alewa), defended the combination, stating it would have addressed both sides of the social spectrum — giving relief to those that would be most in need while providing incentive for those able to afford their own insurance.
As for Lingle's charge that the tax would not have an immediate effect, Arakaki said the program was designed to address the future needs of an aging population.
Arakaki, who has been attempting to forge a program for the past 15 years, said he doubts such legislation will be reintroduced next year, or possibly ever again.
"Many of advocates have told me that if it didn't pass this time, they don't see why it would be worth the effort in the future," he said. "If the governor doesn't buy it conceptually, then really there's no sense in pushing it."
Lingle also vetoed House Bill 32, which would have allowed public schools to charge parents up to $20 a year to purchase textbooks and instructional materials beginning in the 2005-2006 school year.
It would not have been applied to students receiving free or reduced school lunches. The Department of Education supported the bill, noting that textbook costs for the average student come out to $60 to $80 annually.
Lingle said any need for more books and instructional materials should be paid with existing money "and not place further financial burden on parents and guardians of school children."
Also vetoed was House Bill 289 establishing 15 school complex boards with members chosen by the Board of Education. Since last year, the public school system has been divided into 15 complexes headed by complex area superintendents. The seven-member councils, however, would have been given some authority such as prioritizing construction and repair projects.
Lingle, in her veto message, said the bill "would simply codify an internal reorganization that was proposed by the superintendent ... and already has been implemented by the Department of Education."
Lingle wants the Legislature to put a constitutional question on the ballot asking voters to decide if they want to abolish the existing one-board system in favor of seven, elected school boards that would make all decisions for their individual regions. A bill introduced by the administration to do that was held in the House Education Committee this past session.
Elsewhere, the Lingle administration was scrambling to complete veto messages late yesterday for what the governor estimated was about 50 bills she would reject. As of 6 p.m., Lingle staff said the count was 50 but said it could change. It was expected to be the second largest number of vetoes by a governor since statehood. Former Gov. Ben Cayetano vetoed 84 in 1995, his first year.
While legislative staff in both the House and Senate said they believe Lingle had until noon Monday to announce to lawmakers her intent to veto bills, the governor said she chose to finish the veto process by midnight to avoid the controversy that surrounded last year's veto deadline.
Sen. Colleen Hanabusa, D-21st (Nanakuli, Makaha) challenged the vetoes of 13 bills by former Gov. Ben Cayetano, charging that he missed the 45-day veto deadline by one day. A Circuit Court ruled against Hanabusa but the case is still under appeal.
Said Lingle yesterday: "There are close to 50 vetoes and so it takes time in some cases to hear out those sides before you decide what to do."
Other major bills vetoed included:
• Senate Bill 658, which would have required hospitals to provide emergency contraceptives for women treated for sexual assault.
• Senate Bill 768, which would have reinstated binding arbitration for about 24,500 state workers who are members of the Hawai'i Government Employees Association.
• House Bill 1400, which would have extended the hotel construction and remodeling tax credit, which also would have applied to other businesses in tourism districts.
• House Bill 29, which would have required businesses to provide employees with at least a 30-minute break for eight hours of work.
Advertiser reporter Lynda Arakawa contributed to this report. Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or 525-8070.
Bills that Gov. Lingle vetoed
Gov. Linda Lingle vetoed 50 of 269 of the bills that made it out this year's Legislature. It is the second highest number since statehood. Former Gov. Ben Cayetano vetoed 84 in 1995, his first year.
House bills begin with the preface HB, Senate bills SB.
SB41, requiring Hawai'i Tourism Authority to disclose contracts and contractors.
SB255, prohibiting private restrictions on ag uses and activities on agriculture-classified lands.
SB740, establishing the public health nursing services program.
HB1088, establishing a long-term care tax and long-term care benefits.
SB1135, authorizing District Court fees for the Judiciary's information management system.
SB1462, Hawai'i Tourism Authority structure changes.
SB44, rent relief to airport concessionaires.
SB460, allowing dune buggy replicas on public roadways.
SB1426, establishing new bargaining unit for substitute teachers.
HB289, establishing 15 school complex area regions.
HB32, allowing public school charge up to $20 annually for textbooks.
HB1237, relating to DOE employees teaching outside of area of certification.
HB133, granting immunity for those leaving an unharmed newborn at a hospital within 72 hours.
HB285, administrative rules to comply with its related statute.
HB426, allowing DLNR to issue new leases to existing lessees on Kaua'i.
HB968, relating to unemployment insurance, weekly benefits.
HB1003, regarding the Crime Victim Compensation Commission.
HB1456, clarifying deposit beverage container program.
HB1579, relating to DBEDT duties.
HB1652, money for Medicaid prescription drug rebate special fund.
SB317, money for 509th anniversary commemoration of Korean War Commission.
SB38, allowing Hawai'i Tourism Authority to hire attorneys.
SB1460, requiring language in certain Hawai'i Tourism Authority contracts.
HB282, establishing audit revolving funds.
HB993, relating to county laws on reconstructed vehicles.
HB1613, money to purchase North Kohala lands.
SB58, establishing Hawaii 3R's School Repair and Maintenance Fund.
HB1230, appropriating money for airport and harbor security.
SB464, requiring DOT to work with other agencies on a fixed rail transit system.
SB474, relating to information given to the legislative auditor.
HB298, directing the administration to relocate O'ahu Community Correctional Center to Halawa.
HB531, amending compensation and benefit adjustments for excluded managerial civil service employees.
SB209, converting 10-month DOE positions to 12 months for multi-track schools.
SB319, requiring counties over 500,000 to have food waste recycling programs.
SB534, money for UH ag research and outreach programs.
SB540, money for pineapple research.
SB576, relating to access of information regarding certain UH funds.
SB658, requiring hospitals to provide emergency contraceptives for sex assault victims.
SB745, requiring state to provide aeromedical helicopter services statewide.
HB29, requiring employers to give half-hour meal breaks every eight hours.
HB290, creating temporary state program to extend unemployment insurance benefits.
HB293, funds to study feasibility of farmers' market.
HB640, using Hurricane Relief Fund money for for Loss Mitigation Grant Program.
HB1013, requiring parties in a workers' compensation base to agree on a physician, or allow the DLIR director to choose.
SB1305, appropriating money out of the emergency and budget reserve fund for various programs.
SB748, establishing a nursing education loan program.
SB768, restoring binding arbitration for HGEA workers.
SB1647, money to PUC for telephone reading system for blind and visually impaired
SB1661, requiring HCDCH to complete construction of Villages of Kapolei by 2011.
HB1400, extending the hotel construction/remodeling tax credit.
