Hawaii has the highest senior pedestrian fatality rate in the nation, according to a new report published Tuesday by the National Complete Streets Coalition. The report analyzed data from 2003 to 2012 from the .

There are 6.81 deaths per 100,000 adults 65 and older in Hawaii, and for pedestrians who are 75 and older, the rate is even higher: 9.75 per 100,000.

There were 262 pedestrian fatalities in the state from 2003 to 2012, making up over 20 percent of the total 1,269 traffic fatalities; nationally, pedestrian deaths make up 14 percent of all traffic fatalities.

Older adults are more susceptible to pedestrian deaths nationwide. Adults 65 or older make up just 12.6 percent of the nation’s population, but comprised 21 percent of the total pedestrian fatalities from 2003 to 2010.

Nationally, 47,025 people died in pedestrian accidents from 2003 to 2012, a number that is 16 times the amount of Americans who died in natural disasters during the last decade, according to the report.

Places in the Sun Belt and especially the South topped the list as the most dangerous cities to walk: Metropolitan Orlando was the most dangerous area to walk, and the Tampa 鈥� St. Petersburg, Jacksonville, Miami and Memphis regions followed.

Why Hawaii?

As a tourist destination, Hawaii鈥檚 numbers may be slightly skewed in terms of the risk to local residents, as the data doesn鈥檛 take into consideration the residence of the victims. But Dan Galanis, a statistician at the , noted that only about 5 percent of pedestrian deaths are nonresidents.

鈥淭he high rate in Hawaii has been something we鈥檝e been keeping tabs on for years,鈥� Galanis told Civil Beat. 鈥淗awaii has pretty much always had the highest senior pedestrian fatality rates.鈥�

The biggest reason may be Hawaii鈥檚 warm weather. Galanis says pedestrians in the Aloha State, particularly seniors, are more likely to be walking around and are more exposed to traffic.

鈥淲e have a tropical climate, which means year-round walking or exercising. Our seniors walk more than in a lot of other states,鈥� he said.

Galanis noted that Hawaii鈥檚 low rate of car occupant fatalities may be part of the reason that pedestrian fatalities make up a larger percentage of traffic fatalities than the rest of the nation.

According to from DOH from 2005 to 2009, car occupant fatality rates were 58 percent lower in Hawaii compared to the national rate.

鈥淲e have low-speed driving environments here, and not a lot of highway driving,鈥� Galanis said.

Jackie Boland, the community outreach director at , believes the report shows that the state has a long way to go in regards to pedestrian safety.

鈥淢y immediate response is that we have to be more vigilant and push for changes now,鈥� she said.

Boland pointed to the nation鈥檚 rapidly aging population; by the year 2030, America鈥檚 baby boomers will all be 65 and older, and one in every five residents, or 72 million people, will be an older adult, according to report by the Centers for Disease Control and Prevention.

鈥淕iven the time that it takes to do road construction and design work, that鈥檚 not a lot of time to prepare for the huge influx,鈥� Boland said. 鈥淲e have great weather, we have a really high density of cars and people on the roads. The opportunity for conflict is there.鈥�

Boland says that a major issue is that many pedestrian accidents occur on roads that don鈥檛 necessarily have high speed limits.

鈥淜ing Street or Kamehameha Highway, you could easily go 60 mph on them. There鈥檚 no design limitation built in that would ensure a driver would slow down,鈥� Boland pointed out.

Roadways such as those, that are 鈥渂uilt for speed鈥� according to Boland, often have crosswalks with long crossing lengths.

鈥淎s we age, we change, and our response time might not be as rapid. If you hear someone who鈥檚 bearing down on you, you may not be able to jump out of the way,鈥� she noted.

John Goody, 71, a Hawaii resident and bicyclist for years, points to the relatively healthy population in the state as another reason why pedestrian fatalities are so high, particularly for the elderly.

鈥淭he more you have folks out there, the more they are exposed to crashes on the road. I think that a lot of the comparative numbers are from mainland places where people don鈥檛 get out and walk a lot, or they aren鈥檛 healthy enough to get out and about,鈥� he said.

Goody, a former volunteer with the AARP and a member of the , pointed at Kamehameha Highway as an example of a street that gets used a lot by both cars and pedestrians.

鈥淚t鈥檚 a street on which there are lots of houses, lots of people coming and going; it鈥檚 mixing through-traffic and the fact that the roadway is a neighborhood street for the people who live on it,鈥� he said.

鈥淢y grandson lives in Kaaawa and rides his bike to Kaaawa Elementary School. When the road is shared by my little 6- or 7-year-old grandson, that鈥檚 not a good mix,鈥� he said.

What’s Being Done?

Caroline Sluyter, a spokesperson for the state Department of Transportation, told Civil Beat by email that the safety of pedestrians is a top priority for the HDOT.

鈥淲e are continuing our work to make our highways and roads safer for all pedestrians, using a multi-faceted approach that addresses not only infrastructure enhancements, but also public education for both pedestrians and motorists.鈥�

HDOT pointed to the , which identifies things like safety improvements and repairs, and envisions a transportation system that will encourage walking by improving the balance of pedestrians, bicyclists and motor vehicles.

The agency also said its public education program aims to educate people on proper pedestrian behavior, along with heightening drivers’ awareness of pedestrians. August has been designated Pedestrian Safety Month in Hawaii since 2010, and the program puts on community presentations aimed at seniors and children in partnership with the City & County of Honolulu’s Department of Transportation Services and the Honolulu Police Department.

Honolulu City Council member Breene Harimoto led the charge on the ordinance, which passed the council two years ago with the intent of making the streets safe for everyone. “It’s about changing the mindset of everyone, not designing streets just for cars,” Harimoto said.

In March, a quarter-mile of Ulune Street in Aiea became the city’s first demonstration project of the Complete Streets project, and Harimoto said it was a success. “We redesigned it very cheaply. Cars are slowing down, pedestrians can cross the street much more safely. It shows what we can do without millions of dollars being spent.”

The AARP believes that Hawaii has positive momentum, pointing to the proposed that was co-introduced by Hawaii Sen. Brian Schatz and Alaska Sen. Mark Begich in February.

The bill aims to change the way federally funded roadways are approached in the planning and building stage by traffic engineers. It calls for all new roads to be built to accommodate everyone who travels on them, from drivers to bicyclists and pedestrians. If passed, there will be more 鈥渟afe travel鈥� options, like biking and walking.

A Schatz spokesperson told Civil Beat that there will be 鈥渕ultiple opportunities鈥� for the legislation to be included in the Senate鈥檚 transportation bill, and Schatz will pursue 鈥渆very single one of them.鈥�

The post Why Is It So Dangerous for Pedestrians in Hawaii? appeared first on 天美视频.

The race for Hawaii’s 1st Congressional District seat got hotter this month, with two more candidates buying ad time.

State Sen. Donna Mercado Kim is a new face you may have seen this week while watching TV, and Honolulu City Council member Stanley Chang‘s first TV ad ran Thursday.

Kim spent $40,120 on 135 spots on all the major channels: KHON, KITV and Hawaii News Now, along with networks ESPN, FXNC, HGTV, TBSC and USA. Her priciest buy was for $2,000 on KITV during “Dancing With The Stars.”

In Kim’s “Happy Mother’s Day” ad, to protect Social Security and Medicare.

Chang spent $38,550 on 80 spots on KHON, KITV and Hawaii News Now. Chang spent the most, $5,600, for his ad scheduled to run during the evening news on KGMB.

In Chang’s ad, wanting to provide universal preschool and GMO labeling, along with making Hawaii energy independent and “never cutting” Social Security.

The political action committee Working Families For Hawaii also joined in the ad buying, spending $16,200 on 22 spots scheduled to run from May 19 until May 30 on KHON. The most expensive spot will air during the evening news for $3,000.

Working Families for Hawaii, which doesn’t have a website, is an independent expenditure committee, or Super PAC, that is supporting both Sen. Brian Schatz and Rep. Colleen Hanabusa, according to the , a nonprofit that uses technology to help people access information on government workings. Hanabusa and Schatz are running against each other in the U.S. Senate race. The Super PAC is affiliated with the Hawaii Government Employees Association, according to the .

Schatz continued with his ad purchases, with spots scheduled to air through June 8. He bought 286 ads for $78,800 on KHON, KITV and Hawaii News Now. His priciest buys were for $3,000 during KHON’s evening news.

In addition, since March 24, Schatz has spent $58,715 on 377 spots on the Oceanic Time Warner cable channels BRAVO, ENT, FOOD, HGTV, LIF, OC16, OXYG and TLC.

So far this election cycle, Schatz has spent $371,180 on his ads.

Gov. Neil Abercrombie spent $86,285 on 230 ad spots on all the major stations: KHON, KITV and Hawaii News Now. His priciest spot was for $1,820 during KGMB’s morning news.

Since April 21, Abercrombie has also spent $9,420 on 104 spots on the Oceanic Time Warner cable networks TLC, TRAV, CNBC, HGTV, FOOD, GOLF and HIST.

In total, Abercrombie has purchased $202,629 worth of ad time this year.

Schatz has now surpassed the Pacific Resource Partnership as the biggest ad buyer this election cycle; PRP hasn’t bought any more ads since the beginning of April, when it had spent more than $350,115 on ads promoting Kakaako.

Overall, $276,820 has been spent by politicians and political action committees in the past two weeks, and this year $1,070,919 worth of ads have been bought, according to Civil Beat’s most recent review of the public files.

Check out the Public Files on these candidates:

Sen. Donna Mercado Kim

Stanley Chang

Working Families For Hawaii

Sen. Brian Schatz

Gov. Neil Abercrombie

The post The Public File: Kim and Chang Make Their Debut appeared first on 天美视频.

The truck driver, Michael Fernandez, was temporarily assigned to the route he was driving for the (DPR) on Aug. 8, 2009, when he collided with Alan Tsuhako, according to court documents.

Fernandez was making a left turn into Kaiona Beach Park in Waimanalo, going less than 5 mph, and didn’t see the bicyclist, Fernandez said in a court deposition after Tsuhako filed a lawsuit. The truck hit the left side of the bicycle and Tsuhako flew over the hood of the vehicle, landing on the pavement.

Tsuhako sustained injuries including a concussion, a broken collarbone, facial and lip lacerations, teeth fractures, multiple cuts and bruises, along with 鈥渟erious mental and emotional distress,鈥� the lawsuit claimed.

鈥淗e got banged pretty bad, but he did not require surgery,鈥� , Tsuhako鈥檚 lawyer, told Civil Beat, adding that Fernandez was not apologetic and 鈥渢ook a very defiant position in the case.鈥�

The city settled for $50,000 after lawyers considered the circumstances and the anticipated costs of litigation, according to Jay Parasco, a spokesman for the city.

Fernandez has had several driving-related convictions in the past two decades.

Court documents show that Fernandez was convicted of driving under the influence in 1990; driving without a license in 1991; and had citations for speeding in 2000, 2003, 2006 and 2011.

Speed and alcohol were not factors in the collision with Tsuhako, and Fernandez鈥� driving record could not have been brought up if the case had gone to trial. Lawyers for Fernandez and the city filed a motion requesting that it be excluded, claiming the driving records were not relevant to the case.

What Does it Take to Drive a City Vehicle?

Parasco said the requirements for operating city vehicles are specific to the position, the type of vehicle and the type of license the vehicle requires.

鈥淎t minimum, for a position requiring the driving of a vehicle, evidence of an appropriate valid driver’s license is required,鈥� Parasco said.

The city handles most of the city’s waste collection, while the DPR handles collecting trash from city parks and beach parks, such as where this collision occurred.

According to Parasco, Honolulu has a driver’s qualification and training program that new hires have to complete, along with a .

The requires that drivers possess the correct license, have authorization to operate the vehicle, have proper insurance and complete training and evaluation.

As long as a potential driver is able to obtain the proper licenses and goes through the training program, a previous driving record isn’t taken into consideration.

A driver of a city garbage truck (known formally as a ) must have a Class B Commercial Drivers License (CDL). Drivers with a CDL are subjected to if they commit traffic offenses while driving commercial vehicles. More than one speeding violation can result in a two-month disqualification, while a first-time DUI results in a one-year disqualification.

Any traffic violation in a non-commercial vehicle that results in a suspension or revocation of a regular driver’s license will also result in suspension or revocation of the CDL.

The city’s Vehicle Accident Review Committee works to prevent accidents that involve vehicles that are owned or controlled by the city. The committee has monthly meetings where each accident is considered. If it deems the accident avoidable, the driver is told what actions he or she should have taken to avoid or lessen the severity of the accident.

Depending on how severe the accident is, the driver may face disciplinary measures such as remedial training or even termination.

Fernandez is now a groundskeeper for city parks, a position that does not require driving garbage trucks.

DISCUSSION: Should the city be more selective in the hiring process of commercial vehicle operators?

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Congressional contender Mark Takai has joined the political candidates vying for your attention during your favorite TV shows.

Takai, who’s running in the crowded race for Hawaii’s 1st Congressional District seat, recently bought his first at a cost of $3,250. The ads are running on KGMB and KHNL.

The 30-second spot, which began airing about three weeks ago, focuses on his military experience.

Takai, Sen. Brian Schatz, and Gov. Neil Abercrombie spent more than $172,000 on ads in the last couple weeks, according to public files made available by local TV stations.

Schatz, who is in a close race with Rep. Colleen Hanabusa for the Senate seat, spent more than $118,000 on TV time for 423 ad spots slated to air through May 18 on all the major stations: KHON, KITV, KGMB, KHNL and KFVE.

His ad, titled , aims to position himself as a strong supporter of women.

Schatz’s priciest purchase: $2,250 for 30 seconds during “Grey’s Anatomy” on KITV. He’s now spent $233,665 for more than 800 TV spots this election cycle.

Abercrombie spent more than $50,000, his first ad buys since January. He bought 157 spots spread out on all the major stations: KHON, KITV, KGMB, KHNL and KFVE. His most expensive time slot was for $1,800, during “Dancing With the Stars” on KITV.

Titled , his ad talks about the importance of early childhood education.

Abercrombie initially had a contract with KITV from May 5 to May 18 for 22 spots at a cost of $9,020, but he cancelled it, records show.

Abercrombie has spent a total of $106,924 on 272 ad spots this year.

The Pacific Resource Partnership is still the biggest spender, with $350,115 worth of ads bought about Kakaako.

Overall, $742,829 has been spent on ads in 2014 by politicians and political action committees, according to Civil Beat’s most recent review of the public files.

Check out the Public Files on these candidates:

Gov. Neil Abercrombie

Sen. Brian Schatz

Rep. Mark Takai

The post The Public File: Takai Buys His First TV Ads appeared first on 天美视频.

Two years ago, Hawaii’s elevators were on a downward trajectory. The (DLIR) was way behind on elevator and boiler inspections, and working with an 鈥渁rchaic鈥� code that some experts said was a threat to public safety. More than 5,000 of the more than 7,000 elevators in the state required inspecting, meaning that no one knew for sure how many needed repairs.

But, since the Legislature passed in 2012, DLIR has eliminated a large portion of the backlog. As of Dec. 31, 2013, it has inspected 4,139 of the state’s 7,031 elevators. The remaining backlog for the year was 2,892.

So there are still many elevators that require inspection and that aren’t getting them, but far fewer than before.

As for the boiler inspections, of the 10,101 required per year, 5,910 were completed in 2013, leaving 4,191 undone, a backlog the department is still working to catch up on.

Hawaii鈥檚 1980 states that elevators must be inspected every year to make sure they are in compliance with safety regulations.

Act 103 provided a special $1 million loan of seed money for the Boiler and Elevator Branch of the . That money, according to DLIR spokesman Bill Kunstman, helped the department get back on track with its inspections, hire more people, update its safety codes, and gave it the ability to become financially self-sustainable by increasing fees.

Rep. Karl Rhoads was instrumental in bringing the issue to the forefront back in 2012, when he was the chairman of the . 鈥淚t鈥檚 pretty basic if you don鈥檛 have a functioning elevator,鈥� he told Civil Beat. 鈥淟ife pretty much grinds to a halt if you鈥檙e on the 30th floor of a building.鈥�

Ready to Move Forward

One major concern of building and safety experts is that the elevator code in Hawaii wasn’t updated for 14 years.

Hawaii’s current elevator code, from the , was written 18 years ago. It was adopted by the department in 1998, with only a slight update in 2000. Since then, the national code has gotten several updates, most recently in 2010, but Hawaii has so far stuck with the old 1996 code.

Hawaii’s boiler code was updated in November 2012 for the first time in 13 years, but a new elevator code is only now moving toward full implementation, Kunstman said. 鈥淲e spent the last two and a half years working with stakeholders, leapfrogging all of those different code updates,鈥� he added.

There will be a public hearing on May 14 with Gov. Neil Abercrombie, to get input and feedback on the new rules, and if all goes well they will go into effect on July 1.

Implementing the new code is vital for many reasons, said Kunstman.

鈥淣ot only is it important, from a public safety perspective, but a lot of entities, when they buy an elevator now, it costs them more because [new elevators] are manufactured according to the 2010 (national) code,” Kunstman explained. “We have to special order things to meet the 1996 code. That鈥檚 really backwards, yeah?鈥�

With the new elevator code for Hawaii, there will be some increased costs for building owners because of the more modern technology requirements. 鈥淭he elevator world has changed since 9/11,鈥� Kunstman said.

鈥淓levators used to stop, and you weren鈥檛 supposed to get in them in an emergency. Now, they are designed to evacuate people [from buildings],” he said.

Firmer Financial Footing

The department is on more stable financial ground. It is well positioned to pay back the seed money loan it received through Act 103, with the first installment due at the end of the fiscal year. At the end of 2013, the balance was $1.2 million 鈥� up from the original $1 million 鈥� because of fees that have been collected.

Those fees may make it easier for the department to become self-sufficient, which is important given that it no longer receives general funding, which is another stipulation of Act 103.

The department has also been able to hire 10 more people, including six new elevator inspectors, thanks to money from Act 103. There are a total of 22 positions, although three are currently unfilled and the department is actively recruiting.

Recruiting and retaining workers has historically been a challenge for the department. Before Act 103 was implemented in 2012, the entry level salary for the inspectors was $40,000. Now, it鈥檚 $60,000.

鈥淲e couldn鈥檛 get people in the door at $40,000,” Kuntsman says.

Comparatively, those who work in the private sector doing elevator inspections make upwards of $100,000.

Progress Report

During the 2012 calendar year, the department was going at a clip of 249 elevator inspections per month; that number climbed to 344 in 2013, a 38 percent improvement.

Oahu has the vast majority of elevators in the state.

DLIR has also been updating its permitting process, with the end goal of having everything online this year, which is estimated to save 2,000 hours in labor costs per year.

Phase one of the new online application and payment process, for individuals or companies applying for elevators, was completed last August. Unless obstacles arise, the rest of the the full system is slated for completion in about two months.

According to Kunstman, the department is still on track to completely eliminate the backlog by 2017.

The post A Reduction in Hawaii’s Vast Elevator and Boiler Inspection Backlog appeared first on 天美视频.

You know it’s election season when politicians and political action committees start buying up ads on TV.

In the past six months, more than $700,000 has been spent on political TV spots, public records kept by each local TV station show.

Much of that has been spent since January, as campaign season kicks into a higher gear ahead of the Aug. 9 primary.

And once again, the Pacific Resource Partnership is proving itself to be a major political player, this time encouraging policy makers to move forward with big developments that the unions affiliated with the political committee will benefit from.

PRP is the biggest spender so far, paying more than $350,000 for 813 spots aimed at promoting development in Kakaako.

PRP is a consortium of union carpenters and contractors, and played a large part in the 2012 Honolulu mayoral election. The pro-rail PRP spent $1.3 million dollars on a series of ads attacking former Hawaii Gov. Ben Cayetano, who was against rail.

The Kakaako ads 鈥� a 60-second spot that began in February and a 30-second ad that started in March 鈥� in Kakaako. The commercials also support developments like Koa Ridge and Hoopili. The ads don’t specifically endorse any candidate.

The ads, which push “integrated communities” and show computer-generated city landscapes and renderings of Honolulu life, have been running on KHON, KITV, KGMB and KHNL, some for a high price. During the 2014 Winter Olympics, primetime spots cost $6,000. Other pricey buys included a spot during “Grey鈥檚 Anatomy” for $4,000 and the “Countdown to the Oscars” for $3,200.

U.S. Sen. Brian Schatz, who is running against Rep. Colleen Hanabusa to keep his U.S. Senate seat, was the next biggest spender, with 401 spots at a cost of more than $115,000 with his first campaign ad, .

The Schatz campaign paid $2,000 to get on “Grey’s Anatomy.” But the ad has been running on all the networks: KITV, KHON, KHNL, KGMB and KFVE.

The spent more than $117,000 for that aired Nov. 21 to Dec. 4 supporting Schatz and praising him for his leadership on clean energy.

The ads aired on KHON, KITV, KGMB, KHNL and KFVE, the most expensive spots costing $2,000 during “Dancing with the Stars”.

Overview of Other Ad Buys

Gov. Neil Abercrombie

The governor revved up his re-election ad campaign in January, spending nearly $50,000 from Jan. 21 to Jan. 31 on 115 spots. One that aired on “Chicago Fire” cost $900.

Abercrombie’s ads have been playing on KHON, KITV, KGMB and KHNL in the morning and evening.

Unite Here Local 5

The local has spent more than $38,000 on 159 ad spots in its clash with Kaiser Permanente over pension benefits.

The three ads feature Honolulu City Council members Stanley Chang and Joey Manahan, both of whom are running for the 1st Congressional District seat Hanabusa is leaving. Chang and Manahan were not paid for their participation in the ads, as Civil Beat reported in the ongoing series Ad Watch.

The ads run on KITV, KGMB, KHNL and KFVE.

National Organization for Marriage

spent more than $37,000 on 104 advocating against same-sex marriage. The ads ran during October’s special session of the Legislature that considered the Marriage Equality Act, which passed and was signed into law on Nov. 13.

The ad aired on KITV, KGMB, KHNL and KFVE; the most expensive cost $2,100 and aired during “Hawaii Five-0.”

For the Sake of the Children

During the same special session that passed the Marriage Equality Act, the organization For The Sake Of The Children bought 13 spots for $2,540 on KITV opposing same-sex marriage and urging lawmakers to uphold what the group calls the traditional Hawaiian ohana.

Monsanto Corp.

Monsanto spent nearly $5,000 on three spots airing on KITV from Jan. 28 – Feb. 24, around the time the controversial corporation started its website and launched a community engagement campaign, “in an effort to promote open dialogue and secure greater understanding about the company鈥檚 farming practices and products,” according .

Maui Invasive Species Council

The council spent more than $6,000 on five spots on KITV in January. “,” is a special that covered the of the tiny insects in the islands. The most expensive spot cost $2,500.

Total

A total of $732,745.13 in ads have been bought since October 2013, including $551,850 since January.

The post The Public File: Pacific Resource Partnership, Schatz, Biggest Ad Buyers appeared first on 天美视频.

The U.S. is the world’s second largest national market for ivory after China, and Hawaii is America’s third largest consumer of ivory 鈥� after New York and California, according to extensive research by the Humane Society of the United States.

The outsized market for ivory in Hawaii is part of why wildlife advocates and lawmakers in the state are working to ban the sale of ivory from elephants, as well as from hippopotamuses, walruses, whales, narwhals and even extinct mammoths. Most ivory reaching the market these days comes from central Africa, where poachers kill elephants or hack off the tusks of live pachyderms.

The Hawaii Senate Ways and Means Committee unanimously passed a bill on March 28 that would criminalize the commercial sale of ivory in the state, with certain exemptions. Under a first violation would be a misdemeanor, but a second one would be a felony.

The next stop for HB 493 is a full Senate vote, then the measure will be in a position to cross over to the House, after which both the House and Senate would likely go to conference committee in mid-April.

Inga Gibson, Hawaii’s senior director at the Humane Society of the United States, believes Hawaii can be at the forefront of efforts to end the ivory trade.

‘White Gold’

The ivory trade is valued at between $7 billion and $10 billion a year, creating enormous financial temptations for poachers, especially in some impoverished regions where elephants live, but also for dealers of “white gold” around the world.

In 2012, 35,000 elephants are estimated to have been killed, marking their bloodiest year, according to the . That adds up to nearly 100 elephants eliminated per day in Africa alone; that’s one dead elephant every 15 minutes.

US Fish and Wildlife Service

Jewelry and trinkets made out of ivory.

Tusks and other pieces of ivory are usually carved into jewelry, figurines and other trinkets that can fetch high prices. Research by the Humane Society found ivory products in the U.S. that range in price from $45 to $35,000.

There are African elephants alive today, with another 35,000 or so elephants in Asia.

鈥淚鈥檓 hopeful that the state sees its role in this trade that鈥檚 driving the extinction of these amazing, magnificent, sentient animals,鈥� Gibson said.

Legal and Illegal Ivory

Hawaii’s proposed law won鈥檛 affect privately owned ivory that was purchased legally. It targets the sale of undocumented ivory.

With proper documentation, the sale of antique ivory that is more than 100 years old would still be permitted, as would the sale of items made from African elephants as long as they were legally obtained and from . Those were the years when the Convention on the International Trade in Endangered Species (CITES) banned the international trade of ivory for Asian and then African elephants.

The sale of whale and walrus ivory obtained before 1972, which is when the federal Marine Mammal Protection Act was enacted 鈥� would still be permitted with proper documentation, too.

Ivory owned by Native Hawaiians or that makes up family heirlooms would also be exempt.

Museums or other places where ivory is displayed for educational or research purposes would not be affected, nor would appraisers.

The bill wouldn’t go into effect until July 1, 2015, giving ivory sellers and antique collectors time to get proper documentation, if they don鈥檛 have it already.

Gibson believes the bill is a good compromise; the exemptions were put in to appease jewelers and antique collectors. 鈥淚f they really understand that this is what鈥檚 necessary to save the species, they should support the measure,鈥� she said. 鈥淚t will not negatively impact those retailers that maintain their items in compliance.鈥�

The introduction of the legislation followed , which was unanimously passed last year. SCR 149 essentially called on Hawaii residents and businesses to not buy or sell ivory of illegal or uncertain origin, but resolutions are not legally binding so, not surprisingly, ivory sales continued.

An investigation in 2013 by the Humane Society of the United States, which followed up on others in and , found that nearly 90 percent of ivory items sold in Hawaii are likely of illegal or uncertain origin.

Federal Protection

The proposed law comes after the issued a of elephant ivory in February as part of the National Strategy to Combat Wildlife Trafficking.

The federal law would ban the commercial import, export and sale of ivory, with certain exceptions. Sellers must have documentation from the U.S. government or a foreign government that shows an item was imported before 1990 for African elephants and 1975 for Asian elephants, and all commercial imports of African elephant ivory, including antiques, and most exports, except for antiques and certain noncommercial items, are banned.

Hawaii’s proposed law is meant to be complementary to the national ban.

PF Bentley/Civil Beat

An Asian elephant at the Honolulu Zoo on March 31, 2014.

President Barack Obama , 鈥淭he entire world has a stake in protecting the world鈥檚 iconic animals, and the United States is strongly committed to meeting its obligation to help preserve the Earth鈥檚 natural beauty for future generations.鈥�

But, it is up to the states, not the federal government, to regulate in-state sales, which is why advocates and conservation groups say state laws are still needed.

measure, , was introduced by Rep. Karl Rhoads, and co-sponsored by 19 other members of the House.

鈥淓lephants are on the brink of extinction, and I thought we should do our small part in ending the ivory trade,鈥� Rhoads told Civil Beat to explain why he thinks the bill is important.

While that bill stalled, advocates are hopeful HB 493 SD1 won鈥檛 suffer the same fate. The two measures received nearly 500 pieces of supportive testimony from all over the world.

鈥淚t鈥檚 the sale of these products that is driving their continued poaching,鈥� Gibson said. 鈥淲e believe stopping supply, stopping the ability for people to purchase or sell illegal ivory, is the best way to protect this species from extinction.鈥�

, the state enforcement agency, testified in support of the bill.

Chairperson William J. Aila, Jr. wrote, 鈥淲ithout laboratory analysis, it is impossible to identify ivory as to its age or even the animal type, especially if the ivory has already been carved. 鈥� The Department believes that the extinction of these magnificent animals is imminent if we do not halt the ivory trade by passing these laws.鈥�

, which has the nation’s biggest ivory market, although Hawaii鈥檚 legislation is further along.

If the current version of Hawaii鈥檚 law passes, the state would have the strongest law in the country. 鈥淚t鈥檚 definitely going to have an impact on the direct killing of elephants by reducing the supply and demand,鈥� Gibson said.

A Species in Decline

While there were once thousands of varieties and herds of elephants roaming the planet, there are now only two species left, the African and Asian elephants. Many Asian elephants are tuskless, partly as a result of hunting. say the creatures will be extinct on both continents within the next 10 to 15 years 鈥� if the killing rate remains the same.

Last year, the Clinton Global Initiative announced a three-year to end the poaching and slaughter of elephants in Africa, noting that the populations have shrunk by about 75 percent over the last 12 years.

• Contact Manjari Fergusson via email at manjarif@hawaii.edu or Twitter at .

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The bank released a statement on March 11, saying that it had consulted with its technology providers and regulators, along with the advocacy group (NIAC), to come up with a solution.

鈥淎reas where access will need to be restricted are banking-by-mail and transactions over the telephone. Access through debit cards, checks, ATMs and banking over the internet will be available while the customers are in the U.S.,鈥� the bank said in the statement.

鈥淏ank of Hawaii strongly values its relationship with our Iranian customers and with the Iranian-American community, and we regret any inconvenience this has caused.鈥�

The bank closed the accounts, spurring an outcry from Iranian nationals who felt they were being wrongly discriminated against, as it tried to comply with federal sanctions on Tehran, particularly the one that , 鈥淯.S. depository institutions, including foreign branches, are prohibited from servicing accounts of the Government of Iran, including banks owned or controlled by the Government of Iran … or persons in Iran.”

Last month, Jamal Abdi of the Iranian-American council to the bank in protest. “We strongly urge for Bank of Hawaii to reverse this discriminatory action and to ensure its policies do not violate constitutional and legal protections for U.S. persons.”

The bank says the closures affected customers who listed their primary residence in Iran but who reside in the United States; mainly students in Hawaii on visas and others with green cards. The terminations were not due to transactions that were linked to Iran, but based solely on their Iranian citizenship.

Abdi says the with Bank of Hawaii’s decision to reverse the closures.

鈥淲hile broad sanctions have created significant compliance issues for banks and private companies, it is critical that these policies do not negate the basic rights and protections afforded to Iranian citizens in the United States.鈥�

Hamid Pourjalali, a professor at the University of Hawaii at Manoa, knows people who had their accounts closed.

“Although it was not appropriate that the bank closed these accounts and should have addressed its concerns about U.S. sanctions differently, I am pleased that they have addressed the issue now,” he said.

The bank says it will contact the 17 customers about reopening their bank accounts within the next week or so.

• Contact Manjari Fergusson on Twitter at or via email at manjarif@hawaii.edu.

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A national Iranian organization sent a letter to the bank last week protesting the action.

鈥淏ank of Hawaii has made a business decision to close all accounts belonging to customers with Iran citizenship,鈥� according to a letter from the bank sent to 17 Iranian nationals in December.

The bank cites U.S. sanctions against Iran, issued from the , the agency responsible for regulating the economic sanctions between the U.S. and Iran.

鈥淯.S. depository institutions, including foreign branches, are prohibited from servicing accounts of the Government of Iran, including banks owned or controlled by the Government of Iran … or persons in Iran,鈥� .

The Bank of Hawaii letter noted that while the bank was aware the addresses associated with the account holders are located in the U.S., the bank is 鈥渘ot able to prevent the operation of your account if, or when, you are in Iran.鈥�

Taking Action

, a professor at the University of Hawaii at Manoa鈥檚 Shidler College of Business, knows of several people who have received the letter; he believes it鈥檚 鈥渙utrageous鈥� for the bank to take such action.

鈥淭his is an extreme case, because even in the letter they say it鈥檚 not based on transactions,鈥� Pourjalali said. 鈥淭he accounts are closing based on citizenship.鈥�

The closures are mainly affecting students who are here on visas and others who live here with green cards. Pourjalali knows of at least one person who, once he proved his U.S. citizenship, was able to save the account.

In a statement to Civil Beat, Stafford Kiguchi, spokesman for the Bank of Hawaii, apologized for the inconvenience to customers. “In response to the customer feedback we received, we are working on a technology solution that may allow the reopening of these accounts, should our customers wish to do so,” he said.

Kiguchi noted that there are many Iranian citizens legally in the U.S. and that there are exceptions to the rules for some situations. “However, if the person returns to Iran and leaves the account open, the financial institution is required to immediately restrict access to the account.”

Under , anyone born there is automatically a citizen, as are the children born outside of Iran to fathers who are Iranian nationals, which includes many Iranian-Americans.

Some fear this could lead to U.S. citizens having their bank accounts closed as well. UH professor Farideh Farhi addressed the issue in .

is an attorney in Washington, D.C., who specializes in issues related to U.S. trade sanctions. He says he has never seen a case like this and believes the bank went 鈥渨ay overboard.鈥�

鈥淲hat鈥檚 problematic here is that Iranians can have dual nationality regardless of if they have a connection there or not,鈥� or ever go to the country, he said.

An Iranian advocacy group is taking on the bank. Jamal Abdi is the policy director at the (NIAC), a grassroots organization that addresses issues facing the Iranian community.

“We strongly urge for Bank of Hawaii to reverse this discriminatory action and to ensure its policies do not violate constitutional and legal protections for U.S. persons,” he on behalf of NIAC.

Similar situations have happened before, 鈥渂ut nothing like this,鈥� Abdi told Civl Beat. 鈥淣othing where the bank has stated that they are cutting off customers solely because of their citizenship.鈥�

Last year, more than 20 Iranian students at the University of Minnesota by TCF bank, triggered by the bank’s investigations into transactions it believed may have violated the federal sanctions.

The bank denied it was targeting international students. Students filed a complaint with the Minnesota Department of Human Rights and the bank is now to determine if there was discrimination.

In 2012, TD Bank in Canada of Iranians due to the federal sanctions, although many who got their accounts closed were shocked and said they hadn鈥檛 tried to send any money to Iran.

Caught Between Service and Compliance

The timing of the account closures comes after the U.S. and other world powers agreed to a that began in January, temporarily freezing Iran鈥檚 nuclear program and in return easing some of the economic sanctions, allowing for negotiations over a long-term deal on Iran鈥檚 nuclear program.

Data from the showed there were 370 individuals living in Hawaii that identified as Iranian alone or in combination.

According to the NIAC, many Iranian students studying in the U.S. have had difficulty paying for their tuition and living expenses because of the sanctions that make it difficult to access or transfer funds that are held in Iran.

Ferrari noted that banks operate under strict liability and have been known to refuse to service accounts to people they believe have a connection to Iran. Iran citizens have a higher risk profile, and raise red flags to banks, he said.

Kiguchi said that it is difficult for the Bank of Hawaii to monitor when someone returns to Iran. “We must be able to restrict their use of our internet, telephone and mobile services, or even their ability to write a check to access their accounts while in Iran, or we are in violation of the law. We are caught here between trying to serve our customer and being in compliance with U.S. regulations,” he said.

Abdi says he realizes the banks 鈥渁re put in a tough place鈥� with regard to the sanctions.

鈥淚 don鈥檛 think that the Bank of Hawaii is intentionally discriminatory against Iranians,鈥� he said. 鈥淚 understand that they鈥檙e doing this because of the sanctions. The sanctions are broad. The issue here, though, is that complying with them doesn鈥檛 give them a blank check to use racial profiling.鈥�

Abdi says the bank’s reasoning, that it can鈥檛 control what Iran citizens will do with the account if or when the person returns to Iran, doesn鈥檛 hold up.

鈥淚ranian Americans travel to Iran, other Americans travel to Iran, plenty of people travel to Iran. I鈥檓 not clear why they鈥檙e using Iranian citizenship as their criteria here,鈥� Abdi said. 鈥淭hat鈥檚 not justifiable for cutting off a bank account.鈥�

Kiguchi says the bank is hoping to reach a resolution to accommodate its Iranian customers within the next two weeks.

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