Aid In Dying Bill Clears Senate Despite Emotional Appeal
On a big day at the Capitol, senators also passed a rail tax bill while the House voted to decriminalize drug paraphernalia possession.
Breene Harimoto said he stared death in the face but lived to tell about it.
Diagnosed with pancreatic cancer in June 2015, it was an unexpected outcome. There is a low survival rate for this form of cancer, and it can be a painful way to die.
鈥淚 thought my life was over,鈥 Harimoto聽told his Senate colleagues Tuesday.
But, after extensive surgery and a lot of praying, Harimoto survived.
Speaking on the Senate floor, he urged senators to vote against聽medical aid in dying legislation, because he believes there is always a chance there will be a miracle recovery.
鈥淚t is a miracle that I am still alive,鈥 he said, his voice choked with emotion.
In spire of the heartfelt plea,聽 passed 22-3, with just Sens. Mike Gabbard and Gil Riviere joining Harimoto in opposition.
Senate President Ron Kouchi said it was obvious to him that each of his聽members did some soul searching聽before voting. More than a few were visibly moved while Harimoto spoke.
SB 1129 is modeled on Oregon鈥檚 law, which was approved 20 years ago.
鈥淭his is really about individual choice, that鈥檚 what it comes down to,鈥 said Sen. Rosalyn Baker.
The bill now awaits consideration in the House of Representatives, where the 51-member body is said to be divided. Unlike the all-Democratic Senate, the House has six Republican members and more conservative Democrats.
Another major piece of legislation this session, a tax bill to help fund Honolulu鈥檚 unfinished rail project, also cleared the Senate on Tuesday, just ahead of Thursday鈥檚 鈥渇irst crossover鈥 deadline. The vote on was unanimous.
Again, what will happen in the House is a mystery. SB 1183 currently calls for returning from the state to the city the 10 percent administrative fee (or “skim”) levied on Oahu鈥檚 surcharge on the general excise tax.
That would mean about $300 million for the city, which would still have to find about $500 million more to make up the project鈥檚 deficit. The surcharge would sunset in 2027, and SB 1183 does not call for extending the tax indefinitely, as city officials proposed.
A third major bill also passed over to the House, and it too is聽tax-related. would levy a surcharge on high-end residential investment properties and visitor accommodations to fund public education.
Senate Vice President Michelle Kidani, chairwoman of the Education Committee, said the state finally had to commit itself to helping schools instead of continuing to put the future of keiki 鈥渙n hold.鈥
SB 686 passed 24-1 while a similar measure, , was approved 23-0. (Two members were excused.) SB 683, if approved by the House and signed into law by the governor, will put the 鈥渆ducation surcharge鈥 before voters as a constitutional聽amendment question.
The Senate鈥檚 agenda was so heavy that the chamber did not conclude floor votes until well after the House finished its own work 鈥 something that has not happened in recent memory.
A rare moment of levity came when Sen. Josh Green, a medical doctor, warned that passing a measure to allow a naturopathic physician could result in the shrinkage of testicles. It passed, too, but only after a lot of smiles and chuckles.
Want To Be Prez?聽Show Us Your Taxes
Bills flew through the House on Tuesday, even with lengthy conversations about vacation rentals and President Donald Trump鈥檚 tax returns.
鈥淚f there’s one word to describe all of you: efficient,鈥 Vice Speaker John Mizuno said in closing the session.
Representatives approved demanding tax returns from future candidates for presidential and vice presidential candidates with .
The bill requires they聽release their federal income tax returns in order to qualify for a place on Hawaii鈥檚 ballot. It would also聽bar electors for聽the state鈥檚 Electoral College from voting for candidates who fail to release their tax returns.
Rep. Chris Lee of Windward Oahu defended his聽bill. He urged lawmakers to take a stand against the lack of transparency demonstrated by Trump, who has .
鈥淲e have an obligation as a state to act because the federal government will not,鈥 Lee said.
Rep. James Tokioka of Kauai agreed with Lee鈥檚 sentiment but opposed the bill, expressing concerns that challenging the White House might jeopardize federal funding to Hawaii. 聽
鈥淭he unintended consequences might be great,鈥 he said.
Rep. Lynn Decoite and Rep. Della Au Belatti agreed.
鈥淲e have to be strategic in how we interact with this administration,鈥 said Belatti, who changed her position on the floor. 鈥淲e should pick our battles wisely.鈥
But Rep. Matt LoPresti supported the bill and fought back against Tokioka鈥檚 argument.
鈥淚鈥檓 just dismayed that it seems that some of the tenor of conversation is 鈥楲et鈥檚 give into fear of what he鈥檒l do in response,鈥欌 LoPresti said, referring to Trump. 聽
Rep. Kaniela Ing opposed the bill, arguing that elections should be about issues important to constituents rather than the candidate’s鈥 finances. He added that candidates who are in debt or don鈥檛 have a lot of money might be looked on scornfully.
鈥(Elections) should be about the issues and what the public wants,鈥 he said. 鈥淣ot class shaming because you鈥檙e too poor.鈥
The bill passed, with 36-15.
A bill regarding decriminalizing drug paraphernalia stirred debate among lawmakers, too.
would downgrade the punishment for possession of paraphernalia from a criminal offense with a penalty of five years in prison and a $10,000 fine, to a civil violation with a fine of $100 and no jail time.
The Department of the Attorney General submitted testimony in opposition, contending聽that people are rarely given a five-year sentence for possession of drug paraphernalia.
Rep. Andria Tupola, one of six House Republicans, agreed.
鈥淚f we鈥檙e trying to affect how many people are in prison, this probably is not the way to do it,鈥 she said.
The prosecuting attorneys for Hawaii Island, Kauai and Honolulu also opposed the bill.
The ACLU of Hawaii, the Office of Hawaiian Affairs and the African American Lawyers Association were among those that聽submitted testimony in support of the bill.
鈥淣ative Hawaiians are disproportionately penalized with imprisonment for drug-related offenses,鈥 OHA wrote in .
The bill passed with five representatives voting no.
Debating The聽Airbnb Bill Again
House members聽also conferred on that would require and similar online vacation rental platforms to collect state taxes from rental operators.
The companies would collect taxes from both legal and illegal vacation rentals in the state.
Opponents argue the bill would allow people to continue operating illegal vacation rentals and leave the state unable to practice oversight.
Rep. Bert Kobayashi cited concerns that vacation rental operators would not have to follow county rules, and the state could not collect evidence to track bed and breakfast rentals.
鈥淭his proposal would shield the evidence behind the cloak of an Airbnb platform,鈥 he said.
Gov.David Ige vetoed a similar bill last year.
鈥淢aybe we鈥檒l get the tax but we鈥檒l destroy our local neighborhoods.” 鈥 Rep. Cynthia Thielen on the Airbnb bill
Opponents of short-term vacation rentals in residential properties argue the rentals drive up rents in a state struggling to provide affordable housing to its residents.
鈥淢aybe we鈥檒l get the tax but we鈥檒l destroy our local neighborhoods,鈥 said Republican Rep. Cynthia Theilen.
A number of representatives said聽they had received emails in support of the bill from people who claimed to be their constituents but were not.
Of the 18 emails received by Kobayashi鈥檚 office in support of the bill, only three were identified as his constituents and two as voters in Hawaii. He said he suspects that the rest came from people who are not residents of Hawaii, but do business with Airbnb.
Kobayashi聽added that the last names of the emailers did not reflect those of his constituents.
鈥淭hank you very much, investigator Kobayashi,鈥 Mizuno said after Kobayashi鈥檚 floor speech.
One of the most contentious bill this session did not get a discussion Tuesday.
, which would require companies to disclose their pesticide use, was amended on the floor but awaits final action Thursday, the crossover deadline.
Red Light And Cop Body Cams Pass
Other measures passing the Senate on Tuesday after floor discussion were ones reducing for Hawaiian home lands applicants, prohibiting adults when people under 18 are inside, banning on beaches unless it is prescribed, and allowing psychologists .
Other legislation making the cut were聽bills establishing a photo 聽program, setting up to help working people care for their aged loved ones, allowing the media to under certain conditions, requiring police departments to disclose to the Legislature after a discharge or second suspension within a five-year period, and setting up requirements for for cops.
Senate bills which now appear dead include ones having state agencies heed the advice of , changing the makeup of , creating for pesticides, prohibiting people on from owning firearms, and increasing the fuel tax, and registration fee.
Other measures that cleared the House聽included bills that set aside funds for on Hawaii Island, search for the Oahu Community Correctional Facility and set provisions for the new facility, clarify the , and clarify rules about drones and other .
And, a bill that requires mediation for actions on 聽also moved from the House to the Senate. The bill was introduced after a land dispute involving Facebook founder Mark Zuckerburg.
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About the Authors
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Chad Blair is the politics editor for Civil Beat. You can reach him by email at cblair@civilbeat.org or follow him on Twitter at .
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Natanya Friedheim was a reporter at Civil Beat. You can follow her on Twitter at @nafriedheim and Instagram at @natanyafriedheim.