Mayor says veto may end rail hopes
By Robbie Dingeman and Derrick DePledge
Advertiser Staff Writers
Mayor Mufi Hannemann warned yesterday that a Honolulu rail project could be dead if Gov. Linda Lingle vetoes a bill giving counties the option to raise taxes for mass transit.
The mayor, escalating the pressure on the governor, said he believes the time is right to move forward with mass transit to relieve Honolulu's traffic congestion. He said Congress would support federal money for a rail project, but not if the state pulls out of the tax now and then tries to come back later with the idea again.
"I think Washington will say, 'Enough, Honolulu, you guys are not serious,' " Hannemann told reporters. " 'Go and stay in your traffic congestion and that's the price of living in paradise if you guys can't make decisions.' "
He added, "let's make a decision now."
Hannemann again asked that Lingle allow the bill to become law without her signature and said the state Legislature could respond to her concerns during the session next year.
Amendment sought
Lingle has objected to a portion of the bill that sets aside 10 percent of the revenue for the state to cover administrative and collection costs, which likely is more than the state would need and inconsistent with the governor's belief in "home rule."
The governor wants state lawmakers to amend the bill so the counties, not the state, would collect any tax. Under the bill, counties would have the option of placing a surcharge on the state's 4 percent general excise tax to increase it to 4.5 percent, which could raise $150 million a year for mass transit.
Lingle has until July 12 to decide whether to veto the bill.
Hannemann said he was not prepared to withdraw his support for the tax even if state lawmakers were to agree with Lingle and shift the collection to the counties. He has said it would be too costly for Honolulu to collect the tax.
The mayor has been increasingly forceful in his public comments since Lingle first made her potential veto known last week. The city's rocky history with mass transit was clearly on his mind yesterday when he referred to a 1992 City Council vote that doomed a rail project after federal money already had been lined up.
"If this thing fails, it's not going to be because of the City and County of Honolulu," Hannemann said.
Technical flaws
Meanwhile, attorneys for the House and Senate were researching whether a technical error in Lingle's veto message on the transit tax may strip her of her power to veto the bill. The error — listing the wrong bill number in one section of a proclamation — was corrected on Tuesday, after the Monday deadline for veto messages under the state Constitution.
Lingle, on her weekly radio show, called it "your worst nightmare." The governor explained it was a typographical error and that her intent was to put the bill on her potential veto list. She said the attorney general has advised her that the error is not a problem, but she acknowledged it could invite a legal challenge.
State House and Senate leaders were not so quick to overlook the error as an innocent mistake. Five bills on the veto list had identical errors.
"This is the first time I have seen a situation like this in my 30 years as a legislator. It raises serious concerns not only about the status of the affected bills, but on the precedent set and the integrity of the process. Therefore, we are having our attorneys thoroughly review the matter," House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo, Wilhelmina Rise), said in a statement.
'On shaky ground'
Senate President Robert Bunda, D-22nd (N. Shore, Wahiawa), said he could not dismiss the error as a simple typo. "I think, legally, they're on shaky ground," he said. "It's a very big concern."
But Senate Majority Leader Colleen Hanabusa, D-21st (Nanakuli, Makaha), who unsuccessfully sued then-Gov. Ben Cayetano in 2002 over whether he missed a veto deadline, said she does not believe the error threatens Lingle's veto power. She said the issue is whether the veto message gave lawmakers enough information about the governor's intentions so, if necessary, they can come back for an override session.
State lawmakers and city officials said it was premature to say whether the error would trigger a lawsuit if Lingle were to veto the transit tax.
"The public needs to know where we stand," Hannemann said. "And it shouldn't be judged in my mind by some technical flaw."
Staff Writer Loren Moreno contributed to this report. Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com or 535-2429. Reach Derrick DePledge at ddepledge@honoluluadvertiser.com or 525-8084.
