Prison, fixed rail among Lingle's vetoes

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Legislators passed bills this session directing Gov. Linda Lingle to begin talks for a new correctional facility at Halawa and study the possibility of a fixed-rail transit system on O'ahu.

But Lingle doesn't want lawmakers tying her hands on either of the issues, vetoing both bills.

House Bill 298 would have directed the administration to develop a replacement facility for O'ahu Community Correctional Center on a vacant portion of Halawa Correctional Facility.

"This bill is objectionable because it prevents the consideration of alternative, possibly more appropriate sites and because it requires expensive soil testing and a feasibility and planning study without appropriating funds to do so," Lingle wrote in her veto message last week.

If the Halawa site is later determined to be the best site for an OCCC replacement, Lingle said, "existing laws already allow the administration to take steps necessary to pursue that option."

Former Gov. Ben Cayetano had begun negotiations with an unnamed contractor for an OCCC replacement at Halawa, but, after failing to complete a deal before Lingle took office in December, left it up to his successor to deal with the issue.

The administration has said it is looking at various options for correctional facilities, including a treatment center on the Big Island.

Lingle last week also vetoed Senate Bill 464, which would have directed the administration to work with the city-state O'ahu Metropolitan Planning Organization and the city to "develop an action plan for the implementation of a fixed-rail transit system for O'ahu."

In her veto message, Lingle noted that she has already created a task force to study all options for alleviating traffic on O'ahu. "This task force is taking a broad view of the transportation options available, and is looking at a variety of alternatives, including but not limited to rail transit," she said.

Rep. Kirk Caldwell, D-24th (Manoa), vice chairman of the House Transportation Committee, said he appreciates the formation of the task force, of which he is a member. However, he said, the bill would have assured that proper consideration is given to fixed rail.

Caldwell also said, "I don't think she would have formed that task force" as she did in February if the House and Senate had not introduced bills seeking an action plan for fixed rail.

The city has already spent tens of millions of dollars on a Bus Rapid Transit project that proposes no fixed rail, and it is considering two technologies for its in-town vehicles, one that uses embedded plates, the other hybrid-electric propulsion, according to city Transportation Services Director Cheryl Soon. Honolulu Mayor Jeremy Harris said several failed attempts at fixed-rail transit have persuaded him to seek other options.

In other veto-related news, about 40 people gathered in front of the State Capitol yesterday to urge the Legislature to override Lingle's veto of a bill that would require hospitals to dispense emergency contraceptives to victims of sexual assault.

Lingle has said she did not understand why Senate Bill 658 did not exclude St. Francis Medical Center's two facilities, whose operators object to the law on religious grounds.

Annelle Amaral, director of public affairs for Planned Parenthood of Hawai'i, said the U.S. Catholic bishop has issued a directive that Catholic hospitals can provide emergency contraceptives.

But Eugene Tiwanak, chief foundation officer for St. Francis Healthcare Systems, maintains that religion is the issue. He said that while the U.S. Bishop's directive does allow Catholic healthcare facilities to dispense contraceptives, it also allows for "moral interpretation."

"In Hawai'i we follow the teachings of our bishop," Tiwanak said. "They've been very strict and maintain that (contraceptives) should only be used in extraordinary cases." Since there are other hospitals near both St. Francis facilities that can dispense emergency contraceptives, Tiwanak said St. Francis believes its refusal to dispense contraceptives is justified.

There continued to be feedback raising concerns about some of the other 48 bills the governor announced that she is vetoing:

• Eric Masutomi, Outrigger Enterprises' director of planning, said the kama'aina hotel chain will need to drastically alter an ambitious Waikiki redevelopment plan after the veto of House Bill 1400, which would have extended a hotel remodeling tax credit.

Masutomi said that Outrigger had been banking on the extension of the credit to help finance its planned $300 million redevelopment of the Beach Walk section of Waikiki. That project will now, in all likelihood, have to be scaled back and delayed for at least six months.

Lingle said she objected to the inclusion of commercial buildings in qualified resort areas, and added that the state could not afford the credit at this time.

• Greg Marchildon, executive director of AARP, said his organization will not give up on efforts to find long-term-care relief for the ever-increasing elderly population despite Lingle's veto of Senate Bill 1088, which would have assessed a $10 a month tax to pay for a program designed to help give benefits to the elderly and disadvantaged.

Lingle said the measure would have hurt people who could not afford it and continues to push for a long-term-care tax credit. House Health Chairman Dennis Arakaki, D-30th (Moanalua, Kalihi Valley, Alewa), who has championed the tax-financed program, said he does not think it will return next year, if ever. Marchildon, however, said he and other elderly care advocates will continue trying.

Advertiser reporter Kawehi Haug contributed to this story. Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.

Correction: The city's Bus Rapid Transit project is not expected to incorporate a fixed track, as stated in a previous version of this story.