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The Honolulu Advertiser
Posted on: Sunday, February 11, 2007

Legislature 2007 update

 •  Legislature 2007
Read up on the latest happenings in the Legislature, find out how to contact your lawmakers, and explore other resources.

Compiled by Derrick DePledge, Johnny Brannon and Treena Shapiro
Advertiser Staff Writers

Tomorrow is Day 17 of the 60-day session.

Physician-assisted suicide got its first hearing at the Legislature since 2005 on Wednesday night, when the state House Health Committee listened to four hours of testimony.

State Rep. Josh Green, D-6th (N. Kona, Keauhou, Kailua-Kona), a Big Island doctor and chairman of the committee, said he held the hearing to give people an opportunity to debate and so newer lawmakers could hear the arguments.

Activists for the disabled and several doctors testified against the bill as dangerous, while a smaller number of people asked lawmakers to give the terminally ill the option.

Oregon is the only state to allow physician-assisted suicide and its law was upheld by the U.S. Supreme Court in 2006.

The committee voted 5-2 to hold the bill. A similar bill has been introduced in the state Senate.

Caregivers rally: Dozens of caregivers and their clients rallied at the state Capitol on Thursday to protest a state ruling that the caregivers are employees rather than independent contractors.

The difference would take away caregivers' freedom and flexibility to provide care to their disabled clients, the protesters said.

The change in classification could mean caregivers are entitled to benefits such as health insurance, worker's compensation and unemployment benefits. But the added cost to service providers might mean a loss of jobs.

Those rallying blamed the state Department of Labor and Industrial Relations and the state Department of Human Services for misinterpreting an exemption to a state law that for 20 years has allowed service providers to send independent contractors to their clients' homes.

However, the exemption was only supposed to apply to clients who received Medicare and paid providers themselves, not companies that coordinate many caregivers and clients.

James Hardway, special assistant to the DLIR director, said the issue came up when one service provider asked for a ruling on the issue. The DLIR looked at each service provider and determined that all were employers.

Why the rally? One of the biggest service providers — Home & Community Services of Hawaii Inc. — brings in about $10 million a year for 330 patients and has learned that converting the contractors to employees would cost more than $1 million in back premiums to the Hawaii Employers Mutual Insurance Company. HEMIC cancelled HCSH's worker's compensation insurance when the company said it couldn't pay.

Superferry EIS moves forward: The state House Energy and Environmental Protection Committee moved out a bill Tuesday requiring the state Department of Transportation to conduct an environmental impact statement on the planned Hawaii Superferry that would be paid for by the project's developers.

The bill would require the ferry company to incorporate any needed changes uncovered by the review into its operations plan.

"I think that is what has been missing from this process. There has not been enough disclosure," said state Rep. Hermina Morita, D-14th (Hanalei, Anahola, Kapa'a), chairwoman of the committee.

The bill faces obstacles in the House because state Rep. Joe Souki, D-8th (Wailuku, Waihe'e, Waiehu), the chairman of the House Transportation Committee, has questioned the fairness of requiring an environmental impact statement on the Superferry operation when other transportation projects have gone forward without one.

"I'm not saying I will or will not. I'm being coy," Souki told reporters when asked whether he will hear the bill. "I have to look at — if you have an EIS — will you sink the Superferry?"

Some in the Senate are concerned about a warning from the state attorney general's office of a probable lawsuit against the state if the launch is delayed by an environmental impact statement.

"Son of Van Cam"?: Declaring that speeding, especially on O'ahu, has become intolerable, Souki, D-8th, wants to give counties the option of using cameras to trap speedy drivers.

Souki has wanted some sort of camera system since his "van cam" law was repealed in 2002 because of complaints from drivers. That law, under which a private company was hired by the state to place vans alongside highways to photograph speeders and mail them tickets, only lasted three months.

State Rep. Cynthia Thielen, R-50th (Kailua, Kane'ohe Bay), described Souki's new bill as "Son of Van Cam" on the House floor Tuesday.

Souki rose in defense. "I'm very surprised someone would look at the deterrence of speeding and vote against it," he said.

The bill passed second reading in the House and was referred to the House Judiciary Committee.

ON THE WEB

  • Check out Capitol Notebook, a blog by the Honolulu Advertiser's Capitol Bureau, at blogs.honoluluadvertiser.com

    OVERHEARD

    "I now recognize that this action raises the perception of a conflict."

    — State Rep. Rida Cabanilla, D-42nd (Waipahu, Honouliuli, 'Ewa), apologizing on the House floor Wednesday for a bill that could have helped her campaign treasurer open a new nursing home.

    COMING UP

  • A bill to streamline the permit process as an incentive for developers to build affordable rental housing will be heard by the House Human Services and Housing Committee at 8:30 a.m. Monday in Room 329.

  • A bill that would require that Honolulu have a residential curbside recycling program will be heard by the Senate Energy and Environment Committee and the Senate Intergovernmental and Military Affairs Committee at 2:45 p.m. Tuesday in Room 414.

    Reach Derrick DePledge at ddepledge@honoluluadvertiser.com, Johnny Brannon at jbrannon@honoluluadvertiser.com and Treena Shapiro at tshapiro@honoluluadvertiser.com.