1978 Hawaii Constitutional Convention News clippings, Part 2

Publisher Date Title Description Author Identifier
Honolulu Advertiser 7/1/1978 Coalition initiates pro-initiative drive for Isle constitution Small business interest, community groups and individuals in an effort to gather 100,000 signatures for petition for initiative and referendum on constitution. Con Con aspirers trying to persuade delegation. The initiative and referendum is still in question - is it popular; first polls with the public show it might. Sandra Oshiro HCC2:1
Honolulu Advertiser   Citizen Initiative Drive is Opened by Common Cause Common Cause Hawaii - organization dedicated to upholding the core values of American democracy, hearing citizens voice. They accepted direct initiative concerns (directly to the ballot/general election) and indirect initiative concerns (submitted to the legislature, which is given limited time to act on proposal). Common Cause wants to change the percentage required for statutory change. Public discussion is wante, which requires only 1/10th of votes, with governor approval. Amendment proposals to the constitutions need at least a 35% majority vote. Proposals would be sent to each resident in the state. The proposal would restrict legislature for the next two years to make changes. Douglas Boswell HCC2:2
Honolulu Advertiser 7/2/1978 If you want a Real Voice in your Government - Tell the Con-Con How You Feel! Signing sheet to vote on Con Con formation and be part of the law changes.   HCC2:3
Honolulu Advertiser 7/3/1978 Initiative and Referendum Drive Informs people about the possible Con Con. Petition is in and needs 100,000 signatures.   HCC2:4
Honolulu Advertiser 8/4/1978 Petition Drives on 2 Unions Fighting 3 Con Con Issues Hawaii Government Employment Association against Con Con. # Con Con issues: initiative (allowing votes to enact law by putting proposals on ballots), referendum (allowing voters to act on legislative decisions), and recall (allowing voters to eject an official form public office by special election). The United Public Worker is also participating in this contrary. Senator Mary George is expressing her support and expects the petition to be ready next week. June Watanabe HCC2:5
Honolulu Advertiser 8/4/1978 UPW Circulates petition opposing drives for initiative, referendum UPW and HGEA opposing petition against initiative, referendum and recall of state constitution. Claiming the original petition is emotional based, looking to much on the detriment of the disadvantaged and poor. It may create an employment strike. Attitude expressed as "Haole"-issue towards initiative and referendum. Douglas Woo HCC2:6
Honolulu Advertiser 9/13/1978 Initiative Supporters Plan Another Effort Indirect initiation was voted down, but Michael Liu said a second proposal for initiative will be submitted. Votes on upcoming convention may decide over second rad turn-out. questionable if votes are going again against initiative or not.   HCC2:7
Honolulu Advertiser 8/14/1978 I&R favored in 'Televote' poll Survey called "Televote" at University of Hawaii showed, that addition of initiation and referendum to State Constitution are in favor. by 86%. Although, survey was leading participants to favor I & R in stating their questions and statements a certain way. Surveys were tailored to racial favoritism; Caucasians agreement was slightly higher than other ethnicity, but not significantly. Gerry Keir HCC2:8
Honolulu Advertiser 8/10/1978 20,000 signers take the initiative 20,000 signatures were collected to vote on Con Con, to including people in state constitutional decisions. If a certain percentage of the electorates signes the petitions, then the issue is put on the ballot. The gatherers 20,000 signatures were roughly 6% of the state's registered votes.   HCC2:9
Honolulu Advertiser 8/10/1978 Con Con Petitions Signed by 20,000 Petition for initiative and referendum was signed by 20,000 people, but this number was not a direct number, instead a multiplying the number of petition sheets by 10.   HCC2:10
Honolulu Advertiser 7/13/1978 Con Con gets proposal for recall of officials Con Con delegates proposed to allow voters to recall judges and elected officials. Resignation of elected officials could potentially be in danger. If judges are endangered as well is unknown as of now. More proposals were submitted yesterday concerning the competencies of professionals in government positions and its regulations to hold those positions. Sandra S. Oshiro HCC2:11
Honolulu Advertiser 7/11/1978 Con Con Receives Proposal for Initiative, Referendum First proposal to Con Con regarding initiation and referendum. Procedural process of petitions of initiations on the ballot. Multiple proposals have been submitted. none shall change the law of public health, safety or peace. Douglas Boswell HCC2:12
Honolulu Advertiser 7/12/1978 Initiative and referendum make Con Con's agenda Con Con delegates are not supportive of initiative and referendum proposal. Michael Liu believes that an indirect initiative had better changes for approval than a direct initiative. Submissions for proposals is July 31. Anne Takemoto challenges the structure of the legislature with her proposals. Other delegates like to change the term of a given position. Selection of judges and other authorities are discussed as well; others for grand jury system. A final of 110 proposals have been introduced, Sandra S. Oshiro HCC2:13
Honolulu Advertiser 7/21/1978 Proponents of Initiative Facing Uphill Battle In 1968, in only 30 Minutes was decided that the Con Con did not want to include initiative, referendum and recall in the state constitution. MORE HERE Lee B. Gomes HCC2:14
Honolulu Advertiser 7/23/1978 Initiative backers have their day Speakers in favor of voter's power, but majority Con Con leaders claim they would have the votes to kill the proposal. .... Sandra S. Oshiro & Robert Beltrano HCC2:15
Honolulu Advertiser   Backing for initiative ... (cont') many other professionals, agencies and organizations giving statements that their place of business would favor/ backing for initiative. An the other side, Hawaii Building and Construction Trades Council, takeshi Uyesugi, argues that "a ballot box is not the place to make policy decisions. Discussion and decision-making by the state Legislature is a much better way to policy-making." Sandra S. Oshiro & Robert Beltrano HCC2:16
Honolulu Advertiser 8/28/1978 Committee Rejects Initiative Proposal "Direct" initiative turned down through majority vote. "Indirect" initiative got the greater vote count, but still not approved, due to not meeting the majority votes. It will take 52 votes on the convention floor to put initiative on the ballot for a decision by the voters. Currently, there are not enough votes. Various people give their opinion about pros and cons of regular people being able to vote on issues that were put on the ballot. Lee Gomes HCC2:17
Honolulu Advertiser   Initiative: Direct, Indirect Explanation of the difference between direct and indirect initiative. Also, what does it mean if the initiative passes? How many voters will be needed in the future? Indirect initiative proposal that was voted on yesterday said generally that no initiative measure could deal with taxes, budgets, the court system or collective bargaining.   HCC2:18
Honolulu Advertiser 8/10/1978 Ex-Mainlanders accused of power grab in Hawaii The fight over inlanders vs. mainlander-newcomers. Who gains more political power will probably decide over initiative, referendum and recall (IR&R). Sandra S. Oshiro HCC2:19
Honolulu Star Bulletin 8/11/1978 Initiative Should Be Argued on Merits Merits of initiative are being suppressed out of fear. Debating of place of birth is now a subject matter. Newcomer mainlanders feel racially pushed over and act out with this article by calling native 'alien idea' "foolishness".   HCC2:20
Honolulu Star Bulletin   Mainland Values and IR&R Penepacker argues that the proponents of initiative, referendum and recall are recent arrivals who are trying to impose Mainland-style values on Hawaii. John R. Penebacker HCC2:21
Honolulu Star Bulletin   Paty tells delegates to stop bickering (a continuation of page 1 which is missing) Convention as a struggle: outsiders trying to get back in, Con Con delegates fearing change of local groups, non-acceptance of a multi-ethnic Hawaii.   HCC2:22
Honolulu Advertiser 8/12/1978 Waimanalo group rejects Penebacker position on IR&R Penebacker, who rarely if ever attended Waimanalo community events or public meetings prior to Con Con election, is now heavily involved. Resolution asks Con Con to know that Penebacker does not repreent the residents of Waimanalo. Lewis does not believe that "ethnic and racial issues" should be linked to initiative, referendum and recall.   HCC2:23
Honolulu Star Bulletin   Con Con Rocked by 'Explosive' Topic Waimanalo Neighborhood Board urging Con Con to put the IR&R issues on the ballot and let the voters decide. They are not on the same side as Penebacker, who wants to make the initiative a racial & ethnic issue. Racial analysis a bunch of nonsense, since favor of initiative came from all over the Islands. No so-called " haelo line" to draw. Lee Gomes HCC2:24
Honolulu Star Bulletin   Paty advises convention to bury 'racism' dispute Racism has been thrown into the IR&R idea, which was not at all what they wanted. Penebacker said the debate on initiative, referendum and recall (IR&R) boiled down to a question of whether longtime residents or recent arrivals would hold political power in the state. Initiative comes primarily from newcomers and the opposition mainly from locals. Sandra S. Oshiro HCC2:25
Honolulu Star Bulletin 8/17/1978 IR&R & Penebacker Article has various members express their optinions. WALTER K. CABRAL: "...any type of constitutional reform, are representative of not only the organized labor faction, but the “ big-money interests” of politico’s, busi-ness and industry." SHONOSUKE KOIZUMI: "[They want to] rewrite the whole constitution." STEPHANIE ARAKI claims that Penepacker is a delegate to the state Con Con. J. T. TAMURA: Freedom of speech of local Hawaiian eroded. OTHERS give comments as well.   HCC2:26
Honolulu Star Bulletin   Taking issue on race, power and IR&R It is hypocritical of the delegates to circulate the argument behind closed doors, publically pretend it has little effect and yet base their decision on IR&R on the strength of this argument. Hawaii's issue are their little assets and influence in economic for the U.S. Newcomers shall value local traditions and add with their values, but not try to erase Hawaiian's traditionas and values. A fair consideration of the IR&R is welcomed. Lawrence Kono HCC2:27
Honolulu Star Bulletin   The IR&R issue, labor Multiple commentators. For example, LACY says: "If the delegates of the Con Con decide to do nothing about Initiative, Referendum and Recall, they will deprive the citizens of Hawaii of this valuable method of citizen participation in the government of our state." BREAULT says: I would say that Hawaii could learn a lot from certain aspects of the Mainland political process such as recognition of grandstanding politicos."   HCC2:28
Honolulu Star Bulletin 8/14/1978 Rutledge Speaks Up for IRR Labor leader Arthur A. Rutledge last night called for the inclusion of initiative, referendum and recall provisions in the state constitution and criticized other unions for opposing them. Article reflects on 'haloe" vs. Hawaiian view on the necessity of IR&R. Some believe it is a haloe issue, others think the IR&R may be a way to provide the equivalent of an opposition viewpoint in what they view as an almost one-party political situation in Hawaii. Paul Staffel HCC2:29
Honolulu Star Bulletin 8/14/1978 Initiative, Referendum and Recall Whitney Anderson, a local Hawaiian, criticises Penepacker's viewpoint of Con Con being about "big money" and a fight about political power between locals and newcomers. Anderson thinks that IR&R is closely related to such principles as Statehood, which was also opposed for many years by the establishment. IR&R serves as "a spare tire” when elected officials get out of touch with the people of Hawaii and their life style. Referendum has also been approved by the people of Maui and the Big Island. Recall is included in the charters of Honolulu and Maui. Anderson thinks the question boils down to the fact that those persons who oppose initiative and referendum do not trust the people of Hawaii. Whitney Anderson HCC2:30
Honolulu Star Bulletin 7/4/1978 The Fourth of July and the Initiative Amfac has been trying for nearly five years to get a permit to build a new beach hotel at Poipu, Kauai. To fig h t back, the environmentalists in voked a Kauai County charter provision adopted in 1976 that perm its county laws to be proposed by popular petition (initiative) and ratified by the voters at an election (referendum). On Kauai, the initiative proposal becomes law with the sam e status as a county ordinance. That means the Kauai County Council can amend it. In Honolulu, an initiative proposal becomes an amendment to the city charter, and can be changed only by another popular vote. At the state level, there is no present provision for initiative. though there is a lot of popular sentiment that Con Con '78 should provide it.   HCC2:31
Honolulu Advertiser 8/21/1978 Initiative as lobbying Lobbying has been Gibson’s way of trying to improve the status of the elderly. The politician lobbying is highly criticised here, saying that "The average citizen, including the elderly, needs to be emotionally concerned. The right of initiative is the only hope the average citizen has to be heard. The failure of individual lobbying efforts have proven that fact."   HCC2:32
Honolulu Advertiser 8/28/1978 Indirect' initiative proposal fails Fifteen delegates on the convention’s 30-member Committee on Bill of Rights, Suffrage and Elections voted yesterday to send an “ indirect” initiative measure to the full convention, while 14 voted against it. The 15 votes were one short of the 16 needed in order for the committee' to affix its stamp of approval on a
proposal. A petition would be considered only if signed by a number of voters equal to 15 percent of the ballots cast in the last general election for governor, or roughly 37,400 votes based on 1974 figures.
Sandra S. Oshiro HCC2:33
Honolulu Advertiser   Indirect' initiative move fails This is the second part of an article. the first part seems not be scanned in. This part describes that the convention has been deluged with letters, petitions, survey results and editorial stands on initiative, mostly in favor. The issue is expected to be raised again in September, when the committee’s report — without an endorsement of initiative — is scheduled to go before the delegation.   HCC2:34
Honolulu Advertiser 8/15/1978 For indirect initiative IR&R serves to give the public a better means of translating its feelings into law when the regular legislative process falls short. Some opponents here have by design or ignorance unfairly posed the question as one of “ locals vs. newcom ers.” If anything, it is a status-quo power question involving outs vs. ins. But even that formulation does not exactly fit in a situation where power is shifting.Whether one is in or out, indirect initiative with some of the reasonable lim its noted is desirable and hardly dangerous.   HCC2:35
Honolulu Star Bulletin 6/17/1978 Indirect Initiative Worth Considering Initiative is a way for the public to m ake an end run around standpat legislatures that won’t act on some particular problem. By the P ro p o sitio n 13 initiative,
Californ ia voters h ave just stunned their state officials and the nation by dropping their property taxes and making all future tax increases of any kind very difficult. Maine, Massachusetts, M ichigan and South Dakota now permit initiatives of this nature.It is a procedure that m ay m erit serious consideration by our forthcoming Con Con.
  HCC2:36
Honolulu Star Bulletin 8/31/1978 Referendum Recall Fail to Get the Votes Referendum, a procedure that would allow voters to reject laws passfed by the Legislature, and recall. by which elected officials can be ousted before their terms expire, failed to get enough votes yesterday to clear a Constitutional Convention committee. Each idea won a majority vote of the delegates present at the meeting of the committee, on Bill of Rights, Suffrage and Elections, but neither received 16 votes, which the 30-member committee requires for a proposal to be approved. Though initiative, referendum and recall are frequently mentioned together. it is initiative, in the indirect form, that is given the best chance of passing the convention. About 45 of the convention’s 102 delegates appear to support the change at the moment.   HCC2:37
Honolulu Star Bulletin 8/28/1978 Con Con Battle on the Initiative Issue The advocates o f change scattered their shots and diminished their effectiveness. The status quo forces concentrated their votes and m agnified their effectiveness. Initiative is the right of voters to propose laws by public petition and have them voted on at a popular election. It is the public’s way to make an end run around a recalcitrant legislature.   HCC2:38
Honolulu Advertiser 8/26/1978 Con Con, Anti-initiative delegates List of voters and number and one person commenting on it. More than one half of the above were elected by less than 10 percent of the registered voters. Maria M. Hustace HCC2:39
Honolulu Star Bulletin 8/31/1978 Referendum and recall fail to make it out of committee The committee also rejected “ recall” — allowing voters to petition to force a ballot vote to oust elected officials. Advocates acknowledged that it would be an uphill battle to get a majority of delegates to support a change in the committee’s report. Sandra S. Oshiro HCC2:40
Honolulu Star Bulletin 9/18/1978 Committee Votes to Separate Bonds A Constitutional Convention committee yesterday voted to make "special purpose” bonds a separate item on the Nov. 7 ballot list of proposed constitutional amendments. On Saturday, the committee voted to incorporate ’staggered terms for senators, which drew some opposition at the convention, into other changes dealing with the Legislature. such as those calling for a new method of d eterm in in g pay increases for legislators as well as recesses within the legislative session.The actions of the committee must still be approved by the entire convention.   HCC2:41
Honolulu Star Bulletin 9/20/1978 Con Con Scored The Con Con “ could appropriately be termed the constipational convention,” Carroll said in a statement. He said he has ’’never seen a more overt disregard of the wishes of the people of the state of Hawaii, other than the pension bill of 1974.”   HCC2:42
Honolulu Advertiser 9/16/1978 Initiative plans face final debates today Delegates to the Constitutional Convention begin their final debate today on the issues of initiative, referendum and recall. Delegates speculated that mem­bers of the majority who voted with ’independents ” and Republicans to pass the open primary proposal on an initial reading Tuesday were being asked to reconsider their vote when the issue comes up again today. One version to be introduced today by delegate Kekoa Kaapu would allow citizens to initiate an ’advisory” change in the law. Sandra S. Oshiro HCC2:43
Honolulu Advertiser 9/9/1978 Con Con will vote on restrictive initiative Many in the Con Con's majority faction — those who maintain ties to controlling political and labor interests in state government — see initiative as a threat to the status quo. According to vote-counters yesterday, an indirect proposal, which would allow the Legislature to take the first crack at a public mandate on an initiated issue before it went to the voters, has about an even chance of passing the full convention. If advocates of initiative fail to get a proposal approved by the Committee of the Whole, they w ill have another chance to debate the issue when the matter goes before the full convention for a final review next week. Votes in the Com m ittee of the Whole usually spell the outcome for final decisions of the convention, however. They are rarely overturned. Sandra S Oshiro HCC2:44
Honolulu Advertiser 9/13/1978 Initiative issue won't go away Chong’ s had been the “ compromise” proposal put forth by delegates who favored a strong, direct form of initiative and those who favored the concept of initiative but who wanted various restrictions on its use. If the proposal had been approved, no initiative measure could have been offered to affect collective bargaining agreements, existing state programs, the judiciary or its rules. Sandra S Oshiro HCC2:45
Honolulu Advertiser 9/13/1978 Initiative: never-ending Con Con battle continuation from page 1. This part: another proposal would mean higher numbers of signatures. The debate on the merits of the indirect initiative measure was peppered with angry comments from some delegates who said they were "threatened” by callers they identified as proponents of initiative and whom they implied were mainly haoles. petitions containing what she said were 18,000 signatures against initiative. The signatures were gathered in part by such anti-initiative unions as the United Public Workers and the Hawaii Government Employees Association. Con Con delegates did support a proposal that would force elected politicians to resign from one office before running for another.   HCC2:46
Honolulu Advertiser 9/13/1978 How vote went on 4 Con Con issues List of voters; record of who voted 'yes' or 'no'.   HCC2:47
Honolulu Advertiser   No' Vote Against Con Con? DWIGHT YOSHIDA: "We will lose nothing that is not already lost. Theremseems to he no issue or reform that hasn’t heen de- based." Dwight Yoshida HCC2:48
Honolulu Advertiser   Critical of Delegates J. W. SILVER is thanking for the support received so far and raises his voice against the big business and big government. Claiming, that they only ue their money to safe their own jobs. He uses sarcism to demonstate that "they gave the majority who wanted initiative passed." J.W. Silver HCC2:48
Honolulu Advertiser   Dismal Disappointment RUTH McKENDRICK: "Con Con seems to be doing nothing to rectify the present very unfair procedure. The Missouri Plan is obviously much superior to our present set-up and should apply to all judges including district court judges. The voting public is not as naive or uninformed as most politicians think and the Con Con delegates should start accomplishing something worthwhile while there is still time. So far they are a dismal disappointment." Ruth McKendrick HCC2:48
Honolulu Advertiser   IRR still alive BRUCE E. BARNES a Delegate, Con Con Dist. 13A: Initiative and referendum still alive and ready to vote for next week. "After extensive hearings and research on the issues. I will vote for all these. Among all the delegates, the vote on initiative now is very close. The public must act now." He then advises the people of Manoa: "People of Manoa, if your silent majority does not speak to its elected delegates this week, you will not have a choice of initiative, referendum or recall on the November ballot. It’s up to you." Bruce E. Barnes HCC2:48
Honolulu Advertiser   Con Con called fiasco N. FOSTER calls the situation "labor-controlled, self-servient, politically aspiring group who could care less what the public wants." He closes his comment with: "I resent the waste of the taxpayers’ money to support this fiasco, especially on salaries not earned." N. Foster HCC2:48
Honolulu Star Bulletin 9/14/1978 Con Con Turns Down Initiative by 55-47 Vote The Constitutional Convention, in its climactic moment, voted early this morning against putting initiative into the Hawaii constitution. The vote was 55-47. After the vote, the convention went through the motions of debating and turning down “ direct” initiative, 69-24: referendum, 56-25; and recall, 57-21. It was a defeat for the “independents,” who were the main advocates of initiative. Most of the debate on initiative centered on the merits and demerits of the concept itself. But there was an undertone of race in the deliberations, and in the behind-the-scenes lobbying that went on. Lee Gomes HCC2:49
Honolulu Star Bulletin 9/14/1978 Convention Rejects Initiative, 55-47 Continuation... Here: Supposingly, there are reports of threats and pressure, mainly from opponents of initiative. Many delegates are mentioned by name. Article quoted people and is structured in a 'gossip' style. Lee Gomes HCC2:50
Honolulu Star Bulletin   Here's How Delegates Cast Initiative Votes Phonot of Helene Hall, and publicication of the votes on the indirect initiative.   HCC2:51
Honolulu Star Bulletin 9/14/1978 As Delegates Stayed Up Late Here's What They Said on Initiative Many Hawaaian giving their comments on yesterday's votes. One example for Con Con: ""If initiative passes, our representative form of government will not crumble. Rather, it will have another pillar to stand on, for it provides a means for which the Legislature must respond to the needs and views of citizens who might be left out." out."—Barbara Marumoto. Another one against: "If legislators are unresponsive,then I think we should kick them out.’’—Kayo Chung   HCC2:52
Honolulu Advertiser 9/18/1978 Surprise Tactic Derails Pro-Initiative Plan The Constitutional Convention majority drove nails into the coffin containing initiative yesterday. Pro-initiative supporters can move to suspend the rules and start another debate on initiative. But that would require more support than proponents have been able to muster. In other convention action yesterday, the Con Con’s Committee on Submission and Information agreed to single out a special purpose revenue bond proposal on the Con Con ballot to go to voters in November. The committee had come under criticism for failing to explicitly “ flag” that controversial measure. Sandra S. Oshiro HCC2:53
Honolulu Star Bulletin 9/19/1978 Foes Outmaneuver Initiative Backers With many delegates absent. the majority faction yesterday unexpectedly introduced a motion to have the -matter brought up for reconsideration . The majority promptly voted the motion down. Unless convention rules are changed. that ends discussion because a motion to reconsider can be acted on only once. Supporters of initiative found themselves in a bind. By supporting the motion to reconsider initiative they risked opening the door to the defeat of the open primary, which is in the same package. Lee Gomes HCC2:54
Honolulu Star Bulletin   Supporters of Initiative Denounce 'Dirty Politics' Continuation from page 1. This part: The move to vote down a motion to reconsider was apparently known only to some members of the majority until it actually took place.Kekoa Kaapu denounced the move, saying that he was going to ask the convention today to reconsider its vote on initiative and that he had prepared a new proposal in the area.   HCC2:55
Honolulu Star Bulletin 9/18/1978 Con Con Artists (Cartoon) Cartoo looks down on reader (peopel) and says: "You ordinary citizen just down have the background, intelligence, staff and common sense to make judgments on important issues... and always vote for wrong, stupid things... well, uh, expect when you, er... vote for me..."   HCC2:56
Honolulu Star Bulletin 9/19/1978 Center Stage (Photo) Photo from delegste Kekoa Kaapu from the back of his head and underneath it reads: "Center stage - Delegate Kekoa Kaapu is formed by the arm of another delegate as he speaks on the floor of the Constitutional Convention yesterday. For stories on action on the convention, which is expected to wind up Thursday" Photo by Bob Young. Bob Young HCC2:57
Honolulu Star Bulletin 7/19/1978 A Particular Point of View The Case for Marijuana So far marijuhana was seen as narcotic drug, with no medical use. The arrests of users have become more frequently over the last year, including people from adult age, not only youngsters. Drug is in Schedule I like heroin This article wants to draw attention to the fact that marijuhana should not be in this schedule. Over the last year, the government has losened up. Some states have now a fee for small amounts possession rather than arrest. Marijuhana has no negative long-term medical effect and also law enforcement could focus on more serious crimes, by making marijuhana legal in Hawaii. Hyman M. Greenstein HCC2:58
Honolulu Star Bulletin 8/21/1978 Panel Wants Privacy Section Added A statement on privacy which could effect several areas of law was approved by a Constitutional Convention committee yesterday for inclusion into the state’s constitution. If put into the constitution, the privacy statement could affect credit bureaus, marijuana laws, the press and many other areas. Adding the privacy section to the constitution might give an additional argument to those suing a new s- paper or television station for an invasion of privacy, the attorney said. But he said he expected that the press’ First Amendment rights would outweigh those contained in the privacy statement. Lee Gomes HCC2:59
Honolulu Star Bulletin 9/19/1978 Media Urges Clarification of 'Privacy' Fight for privacy continues. Weatherwax, chairman, said: ""deeply concerned about the potential threat to free speech and press posed by the right-to-privacy proposal." The privacy amendment was given its final convention approval yesterday, and will be put on the Nov. 7 ballot for voter action. It reads; "The right of the people to privacy is recognized and shall not be infringed. The Legislature shall take affirmative steps to implement this right." Lee Gomes HCC2:60
Honolulu Star Advertiser 9/10/1978 How private is privacy? Con Con Panel can't say If the proposal is adopted by the voters, the courts would need to decide exactly what the right to privacy would cover. The proposal would not replace another provision already in the Hawaii Constitution p roh ib itin g unreasonable searches and invasions of privacy, but would expand the individual’s right to autonomy, according to supporters. Delegates supporting the proposal said that an individual should have the right to protect information about himself or herself that could be accumulated in computers and abused in some fashion. Sandra S. Oshiro HCC2:61
Honolulu Star Bulletin 9/16/1978 Privacy Proposal Is Approved in Convention The Constitutional Convention yesterday approved a proposed new section of the Constitution protecting an individual’s right to privacy, after a debate over its effects on freedom of the press and on the state’s drug laws. The proposal reads: "The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The Legislature shall take affirmative steps to implement this right.” Lee Gomes HCC2:62
Honolulu Advertiser 9/16/1978 Right-to-privacy makes Con Con ballot Christopher Dix. attorney for the Hawaii Newspaper Agency, said editors for both Honolulu daily newspapers became concerned earlier this week about the language in a Con Con committee report outlining the intent behind the proposal. Part of the report states that the right to privacy could be used to "protect an individual from invasion of his private affairs, public disclosure of embarrassing facts, and publicity placing the individual in a false light. "In short, this right of privacy includes the right on an individual to tell the world to "mind your own business.’” Sandra S. Oshiro HCC2:63
Honolulu Advertiser 8/3/1978 Con Con hears plea on gay rights Testimony before a Con Con committee yesterday largely favored a constitutional amendment proposal to prohibit discrimination against homosexuals. The suggested change was opposed by several persons who submitted written testimony to the Committee on Bill of Rights. Suffrage and Elec-
tions. Among them were Carmie Richesin. chairwoman of the Hawaii Eagle Forum who said in prepared comments that “ personal and private
acts of a sexual nature have no business in the political arena.”
  HCC2:64
Honolulu Star Advertiser 8/13/1978 Gay rights rejected as new provision in Isle constitution A provision protecting gay rights was killed yesterday by a Constitutional Convention committee. uality. Several delegates said they favor the intent of the new wording, but feel the Legislature should reckon with the sensitive issue. They also said some gays fear that if the constitutional amendment is placed on the ballot, the public will reject it and harden its views on homosexuality. But some delegates insisted that gay rights legislation in the past has not fared well in the Legislature and they doubted that the pattern would change much. Vickie Ong HCC2:65
Honolulu Star Bulletin 8/3/1978 Homosexual Rights Groups Propose Discrimination Ban Homosexual rights groups and other Hawaii organizations last night gave their strong support for a proposal that would place a constitutional ban on discrimination because of sexual preference. In addition to homosexual rights groups, such as the Sexual Identity Center, organizations speaking in favor of the proposal included the American Civil Liberties Union (ACLU), a committee of the Hawaii Council of Churches, the National Organization for Women and the Hawaii State Commission on the Status of Women. Last night’s hearing also touched on the issue of the Equal Rights Amendment (ERA), with delegates hearing contrasting positions on a convention resolution that would uphold the ERA that already exists in the state constitution. Lee Gomes HCC2:66
Honolulu Star Bulletin 8/14/1978 Con Con Kills Proposal on Sexual Bias The committee said the Legislature should deal with the sexual bias issue. Delegates said some homosexuals feared that if the amendment were placed on the ballot, the public would reject it. Robert Taira, delegate and former senator, said that if the measure failed on the ballot, the Legislature might postpone any action on it because of the public sentiment indicated by the vote.   HCC2:67
Honolulu Advertiser   Death penalty proposal with safeguard hearing introduced in Con Con A convicted murderer could be put to death or imprisoned for life without parole under a Constitutional Convention proposal introduced yesterday. If approved by the delegates, and subsequently by the voters, the proposal would restore capital punishment in a state which abolished it about 20 years ago. The proposal would give the Legislature the power to define what circumstances would nullify a death penalty sentence. Sandra S. Oshiro HCC2:68
Honolulu Advertiser 8/3/1978 ERA repeal proposal spurs Con Con ROW Debate over Constitutional Convention proposals started earlier than expected when a delegate stood up yesterday to criticize a proposal repealing the state's equal rights amendment. Convention President William Paty said he was allowing Barr to continue because the delegates did not have a full agenda for the day. Later. Paty told Barr that he had indeed violated the rules of the convention. The ERA repeal proposal was introduced by delegate Dona Hanaike.   HCC2:69
Honolulu Advertiser 7/28/1978 Con Con move against insanity defense Criminal defendants no longer could claim insanity as a defense under a Constitutional Convention proposal introduced by Maui deputy prosecutor John Tam. Tam, who is on leave from the Maui County attorney’s office to serve as a Con Con delegate, said the defense of insanity is being abused by lawyers. One delegate said the proposal would deny insane defendants the right to due process. Sandra S. Oshiro HCC2:70
Honolulu Advertiser & Star Bulletin 8/27/1978 Con Con panel opposses grand jury limits Hawaii’s Constitution now requires a grand jury indictment for “ capital or otherwise infamous” crimes, such as felonies. The grand jury can also independently investigate if a prosecutor has not shown enough interest, an option rarely exercised. The proposal adopted unanimously by the committee provides the grand jury with its own attorney, whose term and pay would be decided by legislators. Douglas Woo HCC2:71
Honolulu Star Bulletin 7/20/1978 Delegates Put Squeeze on the Press at Hearing on Openness and Sources Levi was the reporter charged with contempt of court after he refused to answer questions on storiesm he aired on secret grand jury testimony concerning the Kukui Plaza case. Levi was sentenced to serve time in jail, but the contempt charge was dropped on appeal in April before he was jailed. Committee activity last night included hearing testimony from persons who favor constitutional amendments to provide initiative, referendum and recall. Harold Morse HCC2:72
Honolulu Star Bulletin 7/20/1978 Right to Know Some media people are stretching their elastic standards to legitimize the maneuver in order to achieve their own ends. If employment by one of the established local media is a requirement, then the privilege is not the employee's but the employer’s, to be awarded or withheld according to the employer’s whim or proclivities. If "journalists” should be accorded the privilege of refusing to divulge confidential information, then everybody should be given the same rights. David Ward HCC2:73
Honolulu Star Bulletin 8/21/1978 Press Bills Rejected by Con Con Group The committee killed a proposal that would have put into the constitution a “shield” provision that would have prevented reporters from being forced to disclose confidential sources of information. The committee realized that the amendment would have the effect of taking “ sunshine” out of the constitution and putting it back into the hands of the Legislature, since there is already a legislatively-established sunshine law.   HCC2:74
Honolulu Star Bulletin 7/19/1978 Media Council Urges 'Sunshine' Amendment OK A "sunshine” or right-to-know amendment to the state Constitution won the endorsement yesterday of the Honolulu Community-Media Council. The intention is to assure public access to all government records proceedings in the absence of a proven and compelling state interest to the contrary. CThe action indicated council support of a “shield law " as a statute rather than as part of the state Conshtbtion.   HCC2:75
  9/1/1978 In Defense of a Free Pass Paul Di Blanco: "Con Con delegates show a disturbing lack of understanding for the rights of free speech and a protected press, the vice president of the convention says.If we all agreed, there would be no need for the First Amendment free speech and press protections because we would all like to hear what the other person has to say. The awesome power of the press does not disturb me in the least. It is an American institution and I am proud of it." Paul E. DiBianco HCC2:76
Honolulu Advertiser 8/17/1978 Resolution on Disclosure by Newspaper Execs Killed Newspaper officials submitted written testimony objecting to the resolution. They said the proposal would violate press freedoms incorporated in the First Amendment and would intrude into the private affairs of individuals. There was discussion about the subject during a public hearing on a proposal that would have required a code of ethics for news media employees. Sandra S. Oshiro HCC2:77
Honolulu Advertiser 7/20/1978 Media want Constitution to shield sources, open government records Open access to government records and protection of news reporters’ sources should be included in Hawaii’s Constitution to ensure the public’s “ righMo know,” a Constitutional Convention committee. A few committee members expressed concern about giving reporters the legal right to withhold the identities of confidential sources. But a few who testified urged the convention to propose the shield law for the Constitution instead of leaving it up to legislators. Douglas Woo, Gerald Kato HCC2:78
Honolulu Advertiser & Star Bulletin 8/20/1978 Many Con Con delegates don't trust the media The distrust seems rooted in a feeling that newspapers, radio and television have too much power, that they are beyond the control of the people-whose lives they affect. Some have suggested that the appprehension over the media at the Con Con is because this is the first time many of the delegates have been in contact with the news media as subjects, not just consumers. Jerri Burris HCC2:79
    Con Con Continuted from Page F1: Penebacker, who is quite critical of the media for their handling of certain Con Con issues, said he still cannot go along with some of the broader restrictions on the press which have been proposed. The same goes for delegate Peter Lewis who says he remains a “ free press” man even though he has become concerned about the media’ s power.   HCC2:80
Honolulu Star Bulletin 6/1/1978 Thoughts on Leaving the GOP A.A. Smyser: Even though the Republicans slipped below 15 percent of the vote in the 1976 primary election, it looks as though they will slip lower this year. "For years I stayed out of such important Democratic contests to help make a showing for the two-party system, which I believe in. But now I want a voice, too, and have decided my remaining Republican-registered is little help to the two-party system, perhaps even a hindrance."   HCC2:81
Honolulu Star Bulletin   Convention Votes to Restore 'Open Primary' In a move that surprised most observers, the convention voted 51-48 in favor of a constitutional change that would require that the secrecy of a person’s political party must be maintained. Most delegates assumed during the discussion of the issue that the proposal called for an open primary. All three proposals are generally worded, and leave wide lattitude to the Legislature. Lee Gomes HCC2:82
Honolulu Advertiser 9/12/1978 Open Primary System Approved In an unexpected move, the Constitutional Convention last night voted to endorse a reinstatement of the open primary system that would no longer require voters to declare their party affiliation before voting. ed themselves with the majority. The open primary was not endorsed by the Committee on Bill of Rights, Suffrage and Elections, which examined the issue of changing the existing closed primary system. In an open primary, the voters would be handed different ballots with the listing of each party’s candidates. In the privacy of the voting booth, the voter would select which ballot he or she wants, and would be restricted to voting for the candidates in that single party. Sandra S. Oshiro HCC2:83
Honolulu Star Bulletin 8/21/1978 Open Primaries A current Haw aii visitor, former Gov. Tom McCall of Oregon, has a particularly poignant memory of last month’s Oregon prim ary election — he took an election licking for only the second tim e in his life. (cont' below)   HCC2:84
    Open Primary Approved (cont') Some delegates said it would be unlikely that the proposal would survive the second and last review by the convention, despite Odanaka’s hard lobbying on behalf of giving voters the option to voice their “ dissatisfaction.” Several majority members were absent for that particular vote and could be counted on to vote to reverse that decision, observers said   HCC2:85
Honolulu Advertiser 7/30/1978 For open primaries The switch by more than 5,300 Republicans — including a former GOP state chairman — to vote in the Democratic primary dramatizes the arguments fo r the Constitutional Convention to act toward restoring the open prim ary in Hawaii.   HCC2:86
Honolulu Advertiser & Star Bulletin 9/17/1978 Open-Primary Plan Retained, but Negative Vote Option Out Wary of adverse public reaction to its package of constitutional changes, a tense and weary Constitutional Convention leadership agreed yesterday to let stand an earlier vote in favor of an open-primary system. According to d elegates in the majority, the change of heart was attributable to Paty’s- persistent advocacy of the open-primary system and a fear in the convention that the public could reject all proposals if some kind of "progressive” and popular issue was not placed on the ballot in light of the defeat of initiative. Sandra S. Oshiro HCC2:87
Honolulu Advertiser & Star Bulletin 9/17/1978 Con Con keeps open primary (from page 1): In a reversal of a previous action, the convention voted 52-44 to roll back on on its support of a proposal granting voters the option of rejecting all candidates in an election. The Committee on Submission and Information tentatively voted to approve a ballot that will not explicitly indicate that some controverisal proposals debated in the convention would be included under general topic areas that the electorate will consider. Voters would be asked to vote yes or no? on proposed amendments relating to "legislative terms, functions and procedures.”   HCC2:88
Honolulu Star Bulletin 8/19/1978 Public Funding for Campaigns Campbell argues that public funding can revitalize the electoral system; she has introduced a proposal for a state income tax check off to accomplish this. Public funding of political campaigns exists now on the federal level and has been upheld by the courts under the constitutional provision authorizing Congress to collect taxes to pay debts and to provide for the common defense and general welfare. Naomi S. Campbell HCC2:89
Honolulu Star Bulletin 8/29/1978 Con Con Unit Okays Election Rule Change Elected officials holding an office would have to resign before seeking another, if a change accepted yesterday by the Constitutional Convention’s Bill of Rights, Suffrage and Elections Committee is approved by the entire convention and later by the voters.   HCC2:90
Honolulu Star Bulletin 8/28/1978 Campaign Fund Idea OKd A first step towards public financing of election campaigns in Hawaii was taken by the Constitutional Convention’s Bill of Rights, Suffrage and Elections committee yesterday when it approved a proposal requiring the Legislature to establish a fund for political campaigns. An attorney for the committee said he anticipated a challenge to a new spending limit, should the idea be put into the constitution and then enacted into law. Lee Gomes HCC2:91
Honolulu Advertiser 9/4/1978 Delegates listed List of some Con Con delegates who are running
for public offices this October. and list of some Con Con delegates who are against
initiative.
C. Ogawa HCC2:92
Honolulu Advertiser 8/26/1978 Con Con's Pace "BORSE, or the Committee on the Bill of Rights, Suffrage and Elections is a key example of a committee slow to develop information for the public. BORSE is responsible for the matters of initiative, referendum and recall which are of direct and immediate concern to all of us." JENNI ECKERT Jenni Eckert HCC2:93
Honolulu Advertiser 8/29/1978 Con Con Pane Rejects Proposals on Closed Primary A Constitutional Convention committee last night voted down proposed changes to the closed primary election system, including suggestions that would have allowed voters to choose between candidates of all parties.Under the present system, those casting ballots in the primary must be registered by party, or declare their affiliation on election day, and can only vote from among their party’s candidates. A majority of the committee also voted down a proposal that would have established an “ open” primary. The committee rejected the proposal by a 16-11 vote. Sandra S. Oshiro HCC2:94
Honolulu Star Bulletin 8/17/1978 Foreign Landuage Ballots A naturalized American tells why Hawaii should be exempt from the Voting Rights Act Amendments of 1975. Hawaii's Constitution hasn't been translated to Japanese, Chinese or Ilocano, but amendments must be. In spite of the logic behind the English language requirement of the naturalization laws, the federal government* is ignoring that law while at the same time enforcing the Voting Rights Act Amendments. This expense to the taxpayers is unjustified as shown by the low number of people requesting foreign language ballots. MASU DYER Masu K. Dyer HCC2:95
Honolulu Advertiser 8/28/1978 Vote reform moves ahead at Con Con Major campaign financing reforms aimed at slowing the rising cost of campaigning and lessening the influence that large political contributors m ay have over elected officials cleared one hurdle at the Constitutional Convention yesterday. The committee voted down an amendment to the original proposal which would have required that the funds be gathered voluntarily. The Legislature could start by setting aside public funds to help offset the cost of gubernatorial races, then expand the program to cover all other campaign contests, supporters said. Sandra S. Oshiro HCC2:96
Honolulu Advertiser 7/14/1978 School Board Wants Con Con to Cut Legislative Budget Role The state Board of Education, obviously peeved with some legislators, voted last night to send to the Constitutional Convention a proposal to limit the Legislature’s power over the educational budget. One issue that has been of continuing concern to the board is apportionment. The board is dissatisfied with the present set-up, which provides for seven members elected from Oahu and two from the Neighbor Island. However, both Neighbor representatives happen to be from the Big Island. The board w ill transm it three reapportionment schemes to the Con Con for its consideration. Vickie Ong HCC2:97
Honolulu Advertiser 7/15/1978 More Authority Proposed for UH Regents and BOE Hawaii's Board of Regents and Board of Education would have clear-cut responsibility for governing and budgeting for public education in the state under a proposal introduced yesterday by Constitutional Convention d ele ga te Thom as Hamilton. Hamilton, former president of the University of Hawaii, said his constitutional amendment proposal attempts to “ fix responsibility for the quality of all public education in Hawaii.”   HCC2:98
Honolulu Star Bulletin 7/25/1978 Con Con Urged to Expand School Board to 13 Members The Board of Education is urging the Constitutional Convention to expand the board from nine to 13 members in hopes of better meeting the one-man, one-vote ideal. The board is proposing that no legislative conference committee—made up of both senators and representatives—be allowed to discuss items not already under consideration in any bill up for final approval. The board suggests adding national origin, age and handicap to the provision. June Watanabe HCC2:99
Honolulu Star Bulletin 7/29/1978 Abolish the Board of Education The Board of Education does not initiate most of the educational programs in the state, Jacqueline T. Chong contends. THE PUBLIC IS CONFUSED over
the role of the board, and rightfully so. There is no clear channel of accountability through which we can direct our concern. The public’s concern for education will ensure that the appointee will be one who is dedicated to a high quality educational system, and not to political designs.
Jacqueline T. Chong HCC2:100
Honolulu Star Bulletin 7/25/1978 Election of Regents Opposed by Matsuda Fujio Matsuda, University of Hawaii president, yesterday urged Constitutional Convention delegates to retain the appointive method of selecting members of the Board of Regents, saying the “ appointed board has served Hawaii well." At that point, committee chairman Teruo Ihara asked Pulham to refrain from that type of questioning until a later date. June Watanabe HCC2:101
Honolulu Advertiser 8/11/1978 Banning of sex bias in schools supported by Con Con panel A Con Con committee yesterday approved a constitutional prohibition on sex discrimination in Hawaii’s public schools. The proposal from the Con Con Education Committee now must go to the full Constitutional Convention for a floor vole. If approved there, it will go on the ballot in November for voters to accept or reject as a constitutional amendment. Article IX of Hawaii’s constitution states that there shall be no segregation in public educational institutions because of race, religion or ancestry; nor shall public funds be appropriated for the support or benefit of any sectarian or private educational institution." In the end. the committee agreed to retain the anti-discrimination provision for public education, include the word ’’sex.” and change the word ’’segregation” to ’discrimination.” Douglas Woo HCC2:102
Honolulu Advertiser 8/24/1978 Con Con may cut 4-year terms for '78 winners of BOE seats Candidates for the state Board of Education may be surprised to learn that the four-year terms they are running for would be cut to two years under a plan the Constitutional Convention is set to vote on today. After the defeat of the proposal, several librarians gathered outside to mourn the death of the measure. Marcia Linville, children’s librarian at McCully Library, said that the group would appeal to the Legislature again next year. Sandra S. Oshiro HCC2:103
Honolulu Advertiser 8/1/1978 Reasons for Elected School Board Article by Darrow Aiona, this article reflects his opinion: The Constitution provides for an elected Board of Education to formulate policy and exercise control over the public school system through the superintendent whom the board appoints. Citizens, who are interest in education, should support Darrow's work. Involvement and participation is welcomed; of course not every wish can be granted, as people have different view. Dorrow L. Kanakanui Aiana HCC2:104
Honolulu Advertiser 8/17/1978 Panel Seeks the Pomotion of Culture in Constitution The Constitutional Convention’s Education Committee has decided to recommend strengthening Hawaii’s educational boards, making Board of Education elections non-partisan and mandating the state to promote Hawaiian culture and language.   HCC2:105
Honolulu Star Bulletin 8/17/1978 Panel Favors BOE Changes The Constitutional Convention’s education committee has rejected the idea of both an appointed and expanded Board of Education. The proposals require approval by the full convention before they can be placed before the electorate for consideration. In approving the two amendments, “ The committee wanted less interference from both the Legislature and the executive branch, not necessarily the governor,” in the affairs of both the public schools and the university system, Ihara explained. June Watanabe HCC2:106
Honolulu Advertiser 8/25/1978 Con Con Supports Stronger School Board Constitutional Convention delegates tentatively voted last night- for a proposal to make the Board of Education stronger so that alleged legislative interference in educational affairs would be reduced. Voters will have a chance to approve or reject the proposed amendment in the fall general election if the full Con Con concurs. Douglas Woo HCC2:107
Honolulu Star Bulletin 8/24/1978 Con Con Committee Rejects Library Plan The idea of breaking' the state’s public libraries away from the Department of Education was rejected by the Constitutional Convention last night as it began work on a package of proposals dealing with the state’s education system. Lee Gomes HCC2:108
Honolulu Star Bulletin 8/28/1978 Severing the Libraries From the School System The Constitutional Convention considered a proposal to remove the public library system from the jurisdiction of the Departm ent of Education but decided not to act. Nevertheless, the vote on the proposal and expressions from both delegates and public indicates there is much dissatisfaction with the system that has existed since statehood whereby the O ffice of L ib rary Services is a part of the DOE. The goals and the approach of DOE and public libraries just aren’t the same. The question of organizing the library system so that it may better serve the public is something the next State Legislature should take up. The preponderance of evidence now points to the desirability of separating the public library system from the Department of Education.   HCC2:109
Honolulu Star Bulletin 8/25/1978 2 Education Proposals Passed The convention overwhelmingly approved two proposals to broaden the powers of both the state Board of Education and the University of Hawaii Board of Regents, and to make both panels more independent. The proposals that subsequently passed gave tacit warning to the executive and legislative branches to be less meddlesome in academic affairs. The convention rejected the concept of an elected school superintendent, school advisory councils, an elected Board of Regents and elected local boards of education. June Watanabe HCC2:110
Honolulu Advertiser 8/26/1978 Proposals on School Board Move Ahead A committee-of-the-whole vote is a good indication of how the Con Con will ultimately decide in its final two readings of a proposal. As it now stands, those islands
have no representation because the apportionment scheme of BOE districts favors the more populous islands of Oahu and Big Island.
  HCC2:111
Honolulu Advertiser 9/5/1978 Educational Control Con Con education committee attacked Article IX on public education with some zest, though their chairman said he noted a "somewhat conservative” leaning. Con Con decided not to tamper with centralized statewide control of public education. G reater local control m ay be desirable in some areas, like assessments and land-use decisions, but it is not necessarily so in education. Con Con found no way to give the two boards more authority over budgetary process.   HCC2:112
Honolulu Advertiser 8/29/1978 Con Con panel rejects proposals on closed primary A Constitutional Convention com m ittee last night voted down proposed changes to the closed primary election system, including suggestions that would have allowed voters to choose between candidates of all parties. A majority of the committee also voted down a proposal that would have established an “ open” primary. Sandra S. Oshiro HCC2:113
Honolulu Advertiser 9/1/1978 Violence in Our Schools Article by By Tom Okamura; Delegate, Constitutional Convention. The following reflects his opinion: One of the root causes of violence and vandalism is the existence of larger societal problems. It would also be beneficial to involve the general community more. One of the causes of violence and vandalism is the alienation that some students fee when their schooling lacks relevance to them. Tom Okamura HCC2:114
Honolulu Advertiser 7/20/1978 Doi Offers Amendment on Land Preservation Lt. Gov. Nelson Doi yesterday proposed an “ Aina Malama” (preservation of the land) amendment to the Hawaii Constitution that would give voters a chance to enact constitutional safeguards for valuable lands. The land preservation idea was one of eight proposals submitted to the Constitutional Convention by Doi. Either the state or county governments or the people — by petition — could nominate lands to be included in an "Aina Malama” registry. These lands would then enjoy certain constitutional safeguards against misuse, development or change in land use classification.   HCC2:115
  6/4/1978 Land-Use Panel's Power This culumnist would wish that the commission would be limited to its original purpose — the function that the law intended — to review the boundaries only every five years, with the self-serving applications between those times eliminated. The commission’s record of objectivity is far from unblemished, even though, as one consultant commented. it has been able to “ influence’,the amount of land converted to urban zoning. The counties would still have a good clear opportunity to present their cases for change at the time for review, along with evet'yone else.   HCC2:116
Honolulu Star Bulletin   Lands of Hawaii' History on Hawaii Lands. their laws have been praised by national critics but Creighton protests that the Land Use Commission, instead of just setting policy, acts on petitions to reclassify various plots of land. Hawaii has produced no usable general plan because it finds formal public planning ‘ politically undesirable," Creighton contends. Creighton’s description of Hawaii’s land ills js incisive, but his prescriptions are unrealistic and will not be taken by Hawaii’s public. He proposes the pooling of at least parts of Hawaii’s public and private lands to assure their best public use. Check Frankel HCC2:117
Honolulu Star Bulletin 6/23/1978 Origin of Kuleana Lands Land Commission Award (LCA) awarded tenants—a native Hawaiian, or to a naturalized foreigner, a non-Hawaiian born in the Islands, or to a long-term resident foreigner called a denizen. Native Hawaiians were the vast majority of awardees. The Board of Commissioners to Quiet Land Titles handled 12,000 claims between 1846 and 1855. Hawaii's land commission was formed in 1846 and was dissolved in 1855. By 1856, in the middle of the land commission’ s operations, 'kuleana' came to refer to a land holding by a tenant residing within a larger tract owned by another. Today it means a tract of land within a larger tract. With an L.C.A., a claimant could obtain a Royal Patent (it carried a different number) upon payment to the Kingdom's treasury of a cash commutation, usually equal to a third of the land’s value. But even without the Royal Patent, awardees were not kicked off their land. Royal Patents, however, were firmer legally.   HCC2:118
Honolulu Advertiser 7/29/1978 Plan calls for vote on land issues Zoning and land-use decisions — now made by local elected officials or by an appointed commission — would be subject to approval by voters in the affected area under proposals introduced at the Constitutional Convention yesterday. Delegate Jeremy Harris suggested that land reclassifications now made by the Land Use Commission be approved — or disapproved — by voters in the affected political precincts. Also advocating grassroots participation in government was delegate Marion Lee, who proposed letting voters initiate petitions to create counties. Only the state Legislature has the constitutional authority now to create political subdivisions. Douglas Woo HCC2:119
Honolulu Advertiser 7/26/1978 Con Con Proposals Focus on Land Use Two proposals giving the voters more say in land use decisions were among the suggested changes to the state Constitution which emerged yesterday at the Constitutional Convention. One measure introduced by delegate Bruce Barnes would allow voters to overturn state and county zoning and land use decisions through referenda. Other delegates made other propposals as well.   HCC2:120
Honolulu Advertiser 8/8/1978 Preserving certain lands with constitution debated "Aina Malama,” a concept of preserving land through constitutional control, was criticized by real estate brokers and developers but praised by conservationists and Lt. Gov. Nelson Doi during a Constitutional Convention hearing yesterday. the existing uses of certain lands. The concept was supported also by the Hawaii chapter of the conservationist Sierra Club and a University of Hawaii law professor. Jon Van Dyke. Van Dyke noted that the Aina Malama concept has constitutional support and said land use referenda are used in Eastlake. Ohio. But testimony from the Hawaii Resort Developers Conference and the Hawaii Association of Realtors opposed the concept of constitutional protection.   HCC2:121
Honolulu Star Bulletin 7/25/1978 Con Con Group Considers Proposals on Land A few eyebrows were raised last week at the Constitutional Convention when delegate Tony Chang announced that community activist Pete Thompson would appear before Chang’s Committee on Environment, Agriculture, Conservation and Land "to discuss recent community struggles and their implications for revolutionary land reform." According to several sources. Waihee’s group, in joining up with the majority at the outset of convention organizing, let it be known that they wanted to do something at the convention on the question of land. When added together, the independents plus Waihee’s group make up about half the convention, and they are likely to draw votes from other delegates as well, making it a good possibility that some action will be taken on land matters. Lee Gomes HCC2:122
Honolulu Advertiser 9/18/1978 Land proposal stand altered by Con Con The Con Con had voted Friday in favor of a proposal that would have affected the landowners of about 900,000 acres now classified by the state Department of Agriculture as “ prime,” “ unique,” or “ other” lands. These are lands that could sustain agricultural activity and include roughly a fourth of all land in the state. The proposal retains a policy statement on agricultural that the convention wants inserted into the state Constitution. In the closest vote of the day. the convention rejected a proposal to require the state to provide access to shorelines and beaches. The Legislature is believed to have the power to do that now. but constitutional change would have required it to do so. Sandra S. Oshrio HCC2:123
Honolulu Star Bulletin 9/14/1978 Con Con Delegates Examine Land Questions The Constitutional Convention was set to take up its package of proposals dealing with the environment today, with at least one major proposal in trouble. That proposal would require Legislative approval—by a two-thirds vote—before the state s best agricultural land can be redesignated for other use. The State Department of Agriculture now classifies agricultural land into several categories, with "prime,” “unique” and “other important” being the highest three classifications. About 25 percent of the land in the state is in one of the three categories. There were some criticisms voiced that the definition could actually allow development to be considered conservation, since development often brings with it jobs, housing and other effects that are considered economically and socially beneficial. The courts will sometimes look to a committee report when interpretting a law or section of the constitution. Lee Gomes HCC2:124
HONOLULU ADVERTISER 9/6/0978 Panel compromises on ^aina malama^ A Constitutional Convention committee last night approved a compromise version of “ aina malama” — the placement of a list of valued lands in the state constitution. The approved proposal also mandates legislators to create an agency to set water conservation, quality and use policies. DOUGLAS WOO HCC2:125
HONOLULU ADVERTISER 8/26/1978 Bid to protect some valued lands wins panel’s preliminary approval The Committee on Environment, Agriculture, Conservation and Land also agreed to recommend, that Hawaii’s citizens have the constitutional right to, and standing to sue for, a healthful environment. The committee decided that a healthful environment should include, but not be restricted to:
• Clean air and water.
• Freedom from excessive and unnecessary noise.
• Adequate preservation of natural resources.
• Preservation of natural beauty.
• Freedom from unnatural and excessive levels of ionizing radiation.
DOUGLAS WOO HCC2:126
/ / Government spending lid backed Proposal to limit government spending and have been endorsed by Hawaiin First Bank. Such a limit would put increases in government spending on a one-to-one relationship with increases in income for Island residents. / HCC2:127
/ / Land banking urged A land bank, strictly speaking, is a reserve of land acquired and held by a public entity for future public use. The thing that has held back land banking in the U.S. has been what has been called the "taking clause.” The National Commission on Urban Problems in 1968 recommended that the states acquire land in advance of development "to control its timing, location and type.” Thomas H. Creighton HCC2:128
HONOLULU ADVERTISER 08/15/1978 Con Con urged to put water focus on management, not ownership That appeal stems from a Hawaii Supreme Court decision in 1973 which ruled that the state owns all 'surplus surface water and that water cannot be transferred from state watersheds. The state is drafting rules and regulations only now to implement Hawaii's Groundwater Act although the statute passed in 1959. DOUGLAS WOO HCC2:129
/ / Water Board's Hirata Raps Con Con Proposal Hirata expressed his opposition to the convention’s Proposal 17, Paragraph 8, which was approved last week by the Committee on Environment, Agriculture, Conservation and Land but has not yet been acted on by the entire convention. / HCC2:130
Honolulu Advertiser 8/14/1978 Wet subject getting dry: water use It’s been a year since the Honolulu Board of Water Supply inaugurated its voluntary water conservation program. Government also did its share in reducing its water use. State agencies collectively were down 9.7 percent from June 1977; city, down 4.3 percent; federal government. down 7.3 percent. Hirata is hoping that the public will heed the plea for voluntary conservation to avoid the “ chaos” that would result if mandatory measures were to be imposed. VICKIE ONG HCC2:131
Star Bulletin & Advertiser 6/25/1978 Statewide plan for regulating water seen Chang envisions a state water authority setting m ajor water policy with county boards of water supply making the day-to-day decisions about source development. Chang will try to determine if water rights were tied to those lands and if Hawaiians should be compensated for those water rights. VICKIE ONG HCC2:132
Honolulu Advertiser 6/30/1978 Stream rules leave water issue boiling Dr. Jam es Kumagai, deputy director for environmental health, has a weighty task before him these days — to strike a balance between environmental quality vs. economic development. The bulk of the testimony from government agencies and private industry is against the proposal. Some opponents have challenged the authority of the Health Department to promulgate rules relating to stream diversion. Kumagai is seeking to resolve the man vs. nature conflict. VICKIE ONG HCC2:133
Honolulu Star Bulletin 9/12/1978 Taro Planters Pull Together in Water Suit Only 15 acres of taro remain at Waihee —Nakata’s farm and those of the Wong family, Rachel Hall, and the three Reppun brothers, Charles, Paul and John, who farm in partnership. The four farms grow most of what commercial taro is still grown on Oahu, although there are a few other small and scattered patches. The Waihee farmers want to retain their way of life and taro as a viable industry. Harry Whitten HCC2:134
Honolulu Star Bulletin 9/12/1978 Windward Taro Planters File Suit Over Water Tap Continuation from page one: The farmers went to court and asked for enough extra water to swell the Waihee Stream flow to 3 million gallons a day. Circuit Judge Arthur S.K. Fong, on Aug. 15, 1977, granted a preliminary injunction directing the Board of Water Supply to stop diversion of 600,000 gallons of water per day from Waihee Stream. This gave the farmers a stream flow of 2.3 million to 2.5 million gallons a day. A survey of newspaper clips over the years shows that Island officials have long supported reviving the taro industry but that it hasn’t revived. Taro is cultivated essentially the same way the Hawaiians did; mechanization has been proposed to encourage production. A mechanical harvester has been devised, but apparently the machine is not yet perfected. / HCC2:135
/ / Water Board's Hirata Raps Con Con Proposal A Constitutional Convention proposgl giving the state power to hold all waters as a public trust is unnecessary, according to Edward Y. Hirata, Honolulu Board of Water Supply’s manager-chief engineer. Hirata also said specifics on how the state regulates water use should he included in state laws and not in the Constitution. / HCC2:136
/ / Management of Hawaii's Growth Hashimoto says the State Constitution should have provisions for growth management and environmental protection. The governor’s efforts are commendable for they reflect a significant step in Hawaii to address the complex and vexing problems of future growth. This year’s Con Con is the obvious vehicle to provide the Legislature with the constitutional direction, guidelines, and mandate needed to spur action for quality growth in Hawaii. Clarice Y. Hashimoto HCC2:137
/ / Con Con Delegates Advised to Wait on Growth Controls Anderson cited the new state welfare law as an important step in discouraging immigration of people who are likely to become a burden to the state. A new law giving Hawaii residents an edge in obtaining state jobs was also a step in this direction. In response to a request by Harris for a show of hands, almost all the 40 listeners at the forum indicated they favored some kind of constitutional provison to control population growth. Paul Stoffel HCC2:138
Honolulu Advertiser 8/11/1978 Con Con work on growth lauded The state administration is cheering on efforts in the Constitutional Convention to strengthen the state’s constitutional authority to carry out growth management policies. State Budget Director Ellen Anderson suggested that" the mechanics for determining population ceilings or similar growth rate techniques might be best left to the Legislature or county councils. / HCC2:139
Honolulu Advertiser 9/5/1978 Con Con approves tough proposal on building N-plants The action came during a session of the committee of the whole, which usually is a reliable preliminary indication whether a proposal will ultimately be sent to voters in the November general election. Delegates were considering proposals recommended by the Committee on Environment, Agriculture, Conservation and Land. DOUGLAS WOO HCC2:140
Star Bulletin / Con Con Wants Legislature to Vote on N-Power Plants The Constitutional Convention yesterday accepted a proposal that would require approval by two thirds of the state Legislature before a nuclear power plant is built in Hawaii. Such approval also would be needed to store nuclear waste product under a proposed amendment be presented to the voters Nov. 7. Lee Gomes HCC2:141
Honolulu Advertiser 9/19/1978 / Comic with the quote: "Just keep driving around. We may come up with a solution yet.” Engelmarot HCC2:142
Honolulu Advertiser 9/5/1978 Revised Proposal on Water Okayed By an overwhelming vote, the Constitutional Convention yesterday gave preliminary approval to a new definition of the state’s responsibility regarding water resources. The sugar companies were against many of the convention’s proposals dealing with water. / HCC2:143
    Con Con panel votes today on environmental proposals The Constitutional Convention’s committee on land, water and environmental matters will hold its final public hearing and decision-making session on several far-reaching proposals today. A state water resources agency would set policy on water conservation, define beneficial uses and decide who would have first use of w^ter. It would also review regulatory actions of the counties and assure that its policies were being carried out. SANDRA S. OSHIRO HCC2:144
Honolulu Advertiser 9/14/1978 Con Con ecology vote delay stirs up anger The Constitutional Convention, facing tenuous support for its package of environmental and conservation proposals, yesterday postponed until today a key preliminary vote on those issues. Committee chairman Anthony Chang said yesterday’s vote was delayed "to solidify the consensus” behind three proposals which would: A) Require approval by two-thirds of the legislature before any of the state’s best agricultural lands can be redesignated. B) Declare that “ all waters shall be held by the state as a public trust for the people of Hawaii.” C) Give each person the right to a "clean and healthful environment” and a stronger standing to sue when such a right is believed to be violated. DOUGLAS WOO HCC2:145
Honolulu Star-Bulletin 9/18/1978 Con Con Approves Package on Environment A modest package of proposed state constitution changes dealing with the environment was approved by the Constitutional Convention yesterday. The convention beefed up Land Use Commission voting requirements to approve rezoning of important agricultural land but dropped a proposed requirement for a two-thirds vote of the Legislature to approve such rezoning. The convention’s com m ittee on environment, agriculture, conservation and land had originally proposal a requirement for a two-thirds vote of both houses of the Legislature to rezone the best agricultural properties. Lee Gomes HCC2:146
/ / Ethics panel seeks constitutional code The state E thics Commission wants to see more uniformity in the state and county ethics codes and is looking to the Constitutional Convention to accomplish that. The existing constitutional provision on ethics codes states that the "Legislature and each political subdivision shall adopt a code of ethics, which shall apply to appointed and elected officers and employees of the state or the political subdivision, respectively, including members of boards, commissions and other bodies." / HCC2:147
Honolulu Advetiser 7/4/1978 Nepotism’ given the nod by Con Con ethics panel Several Constitutional Convention delegates have employed members of their immediate families to serve among the estimated 300 workers being hired for the convention. No rule prevents delegates from placing their relatives on the payroll. And the convention’s ethics committee reached a consensus yesterday that prohibiting “ nepotism" at this stage of the convention’s organizing could cause problems if applied retroactively. Delegates who are receiving salaries from their employers during the convention in addition to their convention pay would need to disclose the amounts and sources. SANDRA S. OSHIRO HCC2:148
Honolulu Star-Bulletin 6/19/1978 State and Con Con Should Follow City With or without the governor’ s signature, the 1978 Legislature’ s amendments to the State Ethics Code become law today. This is the last day for the governor to act on bills and the deadline for vetoes already has passed. The C ity adm inistration’s exam ple is a good one. It comes at a time City Council is still debating what to do about disclosure by its own members.   HCC2:149
/ / Ethics rules delayed by questions over HGEA offer to aid delegates The provision, tentatively approved by the convention’ s ethics committee, would keep delegates from accepting any gift that can be "reasonably inferred” to be an attempt to influence their performance during the convention. The delegates have been sensitive to any appearance of the union’s influence in the convention after charges were made by one faction that HGEA has played a major role in Con Con activities so far. SANDRA S. OSHIRO HCC2:150
Star-Bulletin 7/11/1978 Ethics Code Is Approved for Delegates in Con Con A Constitutional Convention committee approved a code of ethics yesterday that will require complete fifitmcial disclosure of all delegates. It will prevent delegates who are members of the Hawaii Government Employees Association (HGEA) from receiving supplementary payments from their union. Lee B. Gomes HCC2:151
/ / (cont') . Delegates who have hired members of their families to serve on their staffs may be forced to fire them if the Constitutional Convention agrees to a change in its proposed rules of conduct. / HCC2:152
/ / Ban on HGEA delegate aid urged Delegates would not be forbidden to hire relatives as staff members, but they would be barred from receiving money from the Hawaii Government Employees’ Association, under proposed rules of conduct to be presented to the full Constitutional Convention this week. SANDRA S. OSHIRO HCC2:153
Honolulu Star-Bulletin 7/12/1978 Extra Pay for Con Con Delegates High Opinion piece: In our concept, seats in legislatures, county councils and constitutional conventions can and should be held by people with strong views and interests — so long as those views and interests are known to the voters at election time. This is the heart of representative governm ent. Opposing interests collide and work out solutions by m ajority rule. Seats in legislatures, county councils and constitutional conventions would stay em pty if they w ere reserved only for people without interests or biases. There aren’t any such people. / HCC2:154
The Honolulu Advertiser 7/13/1978 Con Con ethics Restrictions and disclosure are the two m ajor methods of influencing ethical standards in government. Most attention at the Con Con has gone to two issues — nepotism or putting fam ily m em bers on the payroll and the acceptance of outside incom e during the session. The ultimate test in all of this is the integrity of the delegates.   HCC2:155
The Honolulu Advertiser 7/13/1978 Con Con ethics rules (cont') Committee members, led by delegate Jerem y Harris, also fought back a suggestion that they delete a provision requiring delegates to declare a potential conflict of interest before voting on a proposal that could have a substantial effect on their finances.   HCC2:156
/ / Con Con OKs finance disclosure The Constitutional Convention approved an ethics code yesterday requiring delegates to disclose their financial holdings and liabilities. The vote on the ethics code capped several weeks of convention discussion on what should be included in the rules. SANDRA S. OSHIRO HCC2:157
/ / Con Con OKs ethics code (cont') Campbell said the motion was intended to clearly prohibit delegates from receiving all supplemental in- come, whether it be from private employers of some delegates who are continuing to receive full pay or from the Hawaii Government Employees' Association which had offered to give endorsed members the difference between their government salary and their delegate pay. / HCC2:158
Honolulu Advertiser 7/20/1978 City, state ethics codes doing the job, Con Con told Several delegates asked why legislators are exempted from conflict-of-interest clauses in the state ethics code.   HCC2:159
Con Con Deliberates on Ethics The forum was a public hearing on various proposed Constitutional am endments dealing with a Con Con code of ethics, but in the end, because no one from the public asked "to testify, it became a discussion session am ong members of the Ethics Committee. June Watanabe HCC2:160
/ / 12 in Con Con Have Hired Their Relatives At least 12 of the delegates to the state Constitutional Convention have hired relatives to work in their offices at salaries which range from $13 to $55 a day. The convention last Friday adopted a code of ethics which requires financial disclosures by each delegate. their spouses and their children. But the code does not prohibit the hiring of relatives on a delegate’s staff.   HCC2:161
/ / Nepotism, income issues on agenda for Con Con today The Constitutional Convention takes up its long-awaited ethics code today amid reports that some delegates may try to make the rules stricter. After the rules were in near-final form, convention attorneys said that two provisions in the proposed code would prohibit the union from carrying out its salary plan. SANDRA S. OSHIRO HCC2:162
/ / Ethics Codes Approved by Delegates Under terms of a code of ethics the delegates adopted yesterday, they will be permitted to hire their relatives as staff members. Also,private employers may continue to pay salaries of employees who were elected to the convention. But Hawaii Government Employees Association (H G E A) members will not be able to accept "supplementary payments” from the union.   HCC2:163
/ / 12 at Con Con say they have hired relatives Of the 102 delegates to the Constitutional Convention, 12 say have hired relatives as staff members or aides. Delegates are allowed up to $70 a day for
staff members.
  HCC2:164
/ / Ethics panel OKs full disclosure call The Committee on Ethics agreed to send to the full convention suggested changes to the constitution that would expand the ethics rules now in effect and bring the counties’ codes of ethics into closer conformity with the state’s code. One m ajor change approved by the committee would require financial disclosures from all candidates seeking elected offices. Only successful candidates are required to file under the existing requirements, along with certain appointed officials and influential public employees. SANDRA S. OSHIRO HCC2:165
The Sunday Advertiser 8/6/1978 Con Con & media ethics The new Ethics Code is alarming because any such code would be a clear violation of the U.S. Constitution’s First Amendment which guarantees this nation and state a free press. The First Amendment does give the press a special role because it provides the public with the kind of information vital for citizens in a free society.   HCC2:166
The Sunday Star-Bulletin & Advertiser 08/06/1978 Professional code for Advertiser staff The codes of ethics have the following issues: accuracy (of reporting news), fair play (by gathering and presenting the news), public access, ethics (paper needs to stay free of any obligation of any special interest). The greatest assets are integrity and credibility. To maintain them, all Advertiser employees must use their best efforts and full resources.-   HCC2:167
/ / Penal seeks reforms in ethic codes Under a proposed constitutional amendment requiring certain standards of ethicai coriduct for public officials, the chairman of the city Ethics Commission would not have been allowed to appear in a campaign film for Mavor Frank F. Fasi.The present constitutional provision on codes of ethics is brief and general, saying only that the Legislature and each political subdivision (the counties) shall adopt a code of ethics for all appointe(l.,and elected officers, and empIoyees4f local government. including m em bers of boards and commissions. June Watanabe HCC2:168
/ / Call for tougher ethies codes makes headway at Con Con Committee on Ethics recommending that:
• All candidates’ finances be made public record.
• Lobbyists be registered and their activities restricted.
• Future constitutional conventions be required to adopt codes of ethics.
SANDRA S. OSHIRO HCC2:169
/ / Con Con & ethics Con Con is still going the wrong w ay on nepotism. It rejected a ban on hiring relatives fo r patronage jobs. The Con Con m ajority feels that other provisions w ill prevent blatant cases and that required public disclosure on fam ily hiring w ill help. / HCC2:170
/ / Revision in Ethics Rules Is Proposed Con Con last night voted to revise the ethics section of the document so that county officials and candidates for public office will have to make financial disclosure statements, as state officials are now required to by law. The proposal that was finally adopted would, in general, put into the constitution what already exists in state law, as well as expand the scope of ethics codes. / HCC2:171
Star-Bulletin 07/14/1978 Says Doi: Less Power to Governor The state constitution concentrates so much power in the hands of the governor that "there is a serious problem whether the citizens still control the government,” Lt. Gov. Nelson Doi told the Makiki Community Association last night. Harold Morse HCC2:172
    Doi: Abolish job or give it ‘meaning’ Doi told members of the Constitutional Convention’s executive committee that his first choice would be to see the lieutenant governor given more powers. Doi repeated his support for a change in the election procedure which would allow the state’s second-in-command to run independently from the governor and to be judged “ on his own strength and merit.” SANDRA S. OSHIRO HCC2:173
Honolulu Advertiser 8/4/1978 Election of attorney general debated before panel Committee is considered whether to change Hawaii’s ap- pointed attorney general to an elected official. An appointed attorney general “ by inference” is restrained from investigating the administration that gives him his job, he said. DOUGLAS WOO HCC2:174
/ / Governor Tenure Curb Voted It took the Constitutional Convention’s Executive Committee no more than one minute yesterday to decide unanimously to limit Hawaii’s governor tenure to two four-year, consecutive terms. The committee also put the same limitatipn on the office of lieutenant governor. All proposed amendments being recommended by the committee, or any other con con committee, are subject to further discussion by the full 102-member convention, with both majority and minority reports expected to accompany each recommendation. June Watanabe HCC2:175
The Honolulu Advertiser 8/9/1978 Limit governor to two terms in row, Con Con panel asks Hawaii’s governor, who now can be re-elected any number of times, would be limited to two consecutive four-year terms under a proposal approved unanimously yesterday by a Constitutional Convention committee. The Con Con’s Committee on Executive deliberated only a few minutes before approving the two-term limit. DOUGLAS WOO HCC2: 176
The Honolulu Advertiser 8/10/1978 Beyond limiting terms The proposed limit of two consecutive terms for Governor is an idea whose time is overdue. If the unicameral proposal and term -lim its are considered undesirable by Con Con, there are steps that can be taken to improve the legislative process. / HCC2: 177
/ / Why a Lt. Governor? The only real argum ent for having a lieutenant governor on hand is for quick continuity in case the governor dies or is disabled. But the office could be filled on a tem porary basis by the House sp ea k er or Senate president until a special election was held. The Con Con will have difficulties finding the qualified person. / HCC2: 178
/ / Change Is Rejected for Attorney General The Constitutional Convention yesterday again accepted the present setup of the attorney general’s office, voting 56-35 against making the office elected and 53-38 against having the state’s top law enforcement officer selected by an independent commission. / HCC2: 179
The Sunday Advertiser 9/17/1978 Elected prosecutor? Voters will decide on the November ballot whether Honolulu should switch from an appointed to an elected prosecutor. Elected prosecutors might tend to be less effective and objective legal advocates and more attractive politicians with ambitions to higher office. / HCC2: 180
Honolulu Star-Bulletin 8/11/1978 Hawaiian Renaissance Reaching Political Apex A "native trust entity’ ’that would again be comprised of Hawaiians elected by Hawaiians, and which would act as the receiving agent fo r whatever reparations money Congress finally decides to award, as well as a share of the income from the use of state lands, money that was originally earmarked for Hawaiians. The fund's ultimate absorption of all the Hawaiian Homes lands, as envisioned, would make it a potent force in the social, economic and political advancement of Hawaiians. Lee Gomes HCC2: 181
Honolulu Advertiser 8/9/1978 Native Hawaiians spell out concerns for Con Con panel Public testimony was heard last night on a host of Constitutional Convention proposals that would strengthen the rights of native Hawaiians. Rights have existed since before the Great Mahele and have permitted native Hawaiians access by ancient trails to the mountains and the beach for "religious” and subsistence purposes. DAVID TONG HCC2: 182
/ / Con Con and Hawaiians Federal Congress has repeatedly exercised its powers to legislate for the benefit of native Hawaiians: through Hawaiian Homes Commission Act, recognition of native Hawaiians as Indians, and the amendment of the Comprehensive Employment and Training Act. It is timely, therefore, that this year’s Con Con address the many concerns of the Hawaiian people in their own lands with the formation of the Hawaiian
Affairs Committee.
WALTER RITTE JR. HCC2: 183
/ / Panel Approves Trust Agency for Hawaiians A trust fund that would have wide fiscal and management powers for Hawaiians was approved by a Con Con committee yesterday, along with several other proposals designed to assist the state’s native race. The trust fund approved by the Hawaiian Affairs Committee would be riln by a board of directors that would be composed of, and elected by, Hawaiians. It would be the receiving agent for many sources of income and property, such as the reparations that Congress is considering, that are designed to assist Hawaiians. / HCC2: 184
/ / Trust to benefit every Hawaiian gets panel's OK A broad-based public trust designed to give ethnic Hawaiians more self-determination in their affairs was unanimously approved yesterday by the Con Con’s Hawaiian Affairs Committee. The proposed constitutional trust is aimed at helping all Hawaiians, regardless of amount of Hawaiian blood. Its trustees would be elected by the Hawaiian community and both trustees and electors could have any amount of Hawaiian blood. DOUGLAS WOO HCC2: 185
/ / Kahoolawe resolution readied at convention The Constitutional Convention will consider a resolution calling for the halt to the bombing of Kahoolawe and for the return of the target island to the state as a "cultural sanctuary.”   HCC2: 186
Honolulu Advertiser 8/19/1978 New Hawaiian benefit trust (From Page 1) The trust would be expected to survive on public and private funding. Native Hawaiians already must be given such funds, under the state’s Admissions Act. The act provides such revenues go to education, housing, parks, agriculture and native Hawaiians. There has been debate over how the funds should be dispersed to Hawaiians.   HCC2: 187
Honolulu Advertiser 9/2/1978 Sugar growers oppose Hawaiian rights’ plan The Hawaiian Sugar Planters’ Association has mounted a last-minute lobbying effort against several Constitutional Convention proposals dealing with land ownership and traditional rights of native Hawaiians. Nevertheless, the proposals flowed with remarkable smoothness through the Hawaiian Affairs Committee and received virtually unanimous support from its members. Similar support is also expected on the convention floor. DOUGLAS WOO HCC2: 188
/ / Con Con Considers Proposals to Aid Hawaiian Community All of the proposals passed the committee by wide margins. Opposition to some of the committee’s proposals has been voiced by the Hawaiian Sugar Planters’ Association, who object to the sections on ancient rights and establishing claim to lands. / HCC2: 189
Honolulu Advertiser 9/2/1978 Sugar growers lobby against 'native’ rights (Continued from Page A-3) The HSPA denied that large agriculture companies "simply moved in and took over the lands of individuals and thereafter acquired title by their long possession.” There are many cases where individuals, large corporations, huis, ranches, large estates and even churches have used adverse possession to steal land," it said. DeSoto said a constitutional reaffirmation of these traditional rights does not mean non-Hawaiians cannot use access provided for Hawaiians to public lands but aimed at preserving what is now a dying Hawaiian culture. / HCC2: 190
/ / Hawaiian rights issues Hawaiian rights involve a mixture of issues in and out of Con Con. There are disputes o ver history, present priorities, and the rights of others besides Hawaiians. At the same time, these are sometimes issues where honest people disagree. And militant Hawaiians have to recognize there is a point of backlash.   HCC2: 191
/ / Delegates Soften Proposal on Lands The original proposal would have abolished "adverse possession," a method of gaining ownership of a parcel of land by living on it or using it for 20 years. Hawaiians have said the doctrine, rooted in English common law has been used against" them, mainly by large companies.   HCC2: 192
/ / Con Con’s decision on land a big victory for Hawaiians The Constitutional Convention, in a key preliminary decision, sided with the wishes of Hawaiians yesterday and against the sugar lobby by voting 54 to 10 to abolish the landownership doctrine of adverse possession. Supporters and opponents of the at proposal, which was recommended in by the Con Con’s Hawaiian Affairs Committee, differed decidedly on the effects of abolishing adverse possession. Although drawing the most debate, adverse possession was only one of several major proposals approved by delegates. DOUGLAS WOO HCC2: 193
Honolulu Advertiser 9/6/1978 Con Con revising its approval of adverse possession doctrine Barely three days after it gave tentative approval to repeal a controversial land ownership doctrine called adverse possession, the Constitutional Convention yesterday was at work to retract its efforts. Convention leaders acknowledged that moves are afoot to either modify or completely reverse the convention’s action on the complex issue, which won approval Saturday in a vote which was most revealing in the number of delegates absent. Several delegates contend the HSPA is using the adverse possession issue as a red herring for another. The proposal is intended to get more native Hawaiians on the department’s lands for such things as ranching and farming. DOUGLAS WOO HCC2: 194
Honolulu Advertiser 9/8/1978 Con Con: adverse possession OK for under 5 acres The Constitutional Convention, partially reversing an earlier decision yesterday decided to recommend keeping a controversial land law called adverse possession but only when property of five acres or less is involved. The Hawaii Sugar Planters’ Association. using similar arguments, also opposed abolishing adverse possession. DOUGLAS WOO HCC2: 195
/ / Hawaiiana amendment Narrative announcement from Delegate Harris: "Of the 17 departments of the state government, the Department of Hawaiian Homes Lands is the only department not funded by the general revenues of the state. It is time for the state to fund this department and to fulfill its role in realizing the promise of the Hawaiian Homes Act, a responsibility that was a condition of statehood. It is also time for us to realize that the sooner we help to make the Hawaiian Homes Act a reality, the sooner we will be relieved of this financial and moral duty. Isn’t this a far cry from the original intention'of the act from getting the Hawaiians back to the land that is their own?" JEREMY HARRIS HCC2: 196
/ / Origin of Hawaiian Home Lands Housing fo r Hawaiians has become the program of the Hawaiian Homes Commission because of the growing Hawaiian demand and need since 1920. Commissioners can’t meet the demand. Land specialist from the "big five" were among the advisers at congressmens’ elbows. They drafted that portion of the act which spelled out the Hawaiian Home Lands, island by island. "All cultivated sugar-cane lands were specifically excluded. / HCC2: 197
Star-Bulletin / Legislature, Top Court Criticized in Con Con Delegates to the Constitutional Convention heard two branches of the state government criticized yesterday he Legislature for its spending practices and the Supreme Court for its slowness. The panel offered several ideas for fiscal reform , including a tighter definition of what kinds of groups the Legislature can grant money to. The lengthy delays caused by the appeal process and the backlog problem allow convicted criminals to remain out of jail on bail and let insurance companies invest the money they have at stake in civil suits while waiting for their appeals to be heard. Lee Gomes HCC2: 198
/ / Chief Justice Argues for Extra Court State Supreme Court Chief Justice William Richardson took on a different role yesterday, arguing a case instead of hearing it—a rare event in light of the court’s increasing number of cases. "The occasion was an informational hearing before the Con Con’s Commitee on the Judiciary. and the subject was creation of an appeals court by means of a constitutional amendment. June Watanabe HCC2: 199
/ / Proposals for state court system submitted by Justice Richardson Hawaii Chief Justice William S. Richardson yesterday sent Constitutional Convention delegates his personal recommendations on amendments involving the state courts. The chief justice is granted authority by statute to appoint district judges. Richardson recommends this authority be put in the Constitution. If there are to be changes, Richardson said he goes along with confirmation of judicial appointments by an independent panel. The panel would review the qualifications of those nominated by the governor or chief justice. GERALD KATO HCC2: 200
Star-Bulletin / Panel Votes to Create Court A Constitutional Convention' committee has approved the establishment of a new appeals court in the state, and completed action on a proposed judicial selection committee that would pick Hawaii’s judges. The appeals court approved by the committee would be the step between the Circuit Court and the Supreme Court. Judges wishing to continue in their posts would need the commission’s approval. If the commission turned down the judge, a vacancy would occur and the selection process would begin. Lee Gomes HCC2: 201
/ /   A Constitutional Convention committee yesterday endorsed the idea of a new level of appeals court in the state judicial system. The proposal by the Con Con Committee on Judicial Affairs does not require that an appeals court be set up, but rather leaves it to the chief justice to exercise that option. If finally adopted, though, Richardson would likely move ahead with the plan. Besides sending off. the recommendation favoring the appellate court to the full convention for further deliberation, the committee also suggested a change that would require the court to set time limits for disposing of cases. SANDRA S. OSHIRO HCC2: 202
Honolulu Star-Bulletin 8/31/1978 Panel Okays Appeals Court, Judge Selection THE COMMITTEE had voted for a new appeals court, to be positioned between the Circuit and Supreme Courts, with its size determined by the Legislature. It also approved the creation of a judicial selection commission that would send a list of names to the governor when a vacancy in the judiciary occurs. The convention also voted down a proposal for elected judges and requiring that judges receive a “vote of confidence” from voters before being allowed to start a new term on the bench. Lee Gomes HCC2: 203
Honolulu Advertiser 6/8/1978 Lawyers’ plan on judges (From Page 1) that was not the job of the group. Under the group’s proposal, the nine-member judicial commission would consist of five persons who are not lawyers — two chosen by the governor, one each by the Senate and House and one by the state Supreme Court justices. Four attorneys selected by all members of the bar would round out the commission. / HCC2: 204
/ / Lawyers proposing Con Con alter way of selecting judges The Hawaii State Bar Association is proposing an amendment to the state Constitution that would require the governor to choose judicial appointees from a list compiled by an independent screening committee. The major recommendation from the special lawyers’ committee calls for the establishment of an independent judicial commission to seek out the most qualified candidates for state court vacancies. It would submit a list of three to five nominees to the governor. SANDRA S. OSHIRO HCC2: 205
The Sunday Advertiser 6/11/1978 Judges & Con Con The Bar Association last week recommended an attractive merit selection system drafted by its special committee. Merit selection promises less of the old politics and a higher quality in the judicial system, and the bar association has provided a reasoned approach and point of departure.   HCC2: 206
Star-Bulletin 07/12/1978 Panel Head Offers Plan for Judiciary The chairman of the Constitutional Convention committee that will discuss changes to the state’s judicial branch of governm ent yesterday presented his own proposal for restructuring the judiciary, one that gives a great deal of power to an independent judicial commission. Ikeda's proposal also would allow the Legislature to establish an intermediate court of appeals between the circu it and supreme courts, one solution that has been mentioned to alleviate the backlog of cases in the high court. It would also leave it up to the Legislature to create the district courts, as is the practice now. Lee B. Gomes HCC2: 207
  7/26/1978 Election of the Judiciary Support Origin of Hawaiian Home Lands Audrey Fox Anderson HCC2: 208
  / Nominations panel for judgeships gets Con Con ’s support The Con Con endorsed committee, backed proposals to change the way in which state judges are selected in Hawaii and to set up a new appeals court. Con Con’s Committee on Taxation and Finance agreed to recommend a tighter limit on the amount of debt that the state could accumulate. / HCC2: 209
  / Ex-justice calls it ‘unconstitutional’ - Merit selection plan opposed A proposal pending in the Con Con to create a nine-member selection commission for Hawaii’s judges has been called unconstitutional by a former state Supreme Court justice. Kazuhisa Abe, now a private attorney, recently sent a letter to Con Con delegates saying the plan violates the constitutional provision of equal protection and upsets their checks and balances between the three branches of government. DOUGLAS WOO HCC2: 210
    By key Con Con panel - 'Merit’ selection of judges okayed Justices to be selected on “ merit" by a multi-representative commission. The commission would be made up of three governor’s appointees, two representatives of the Hawaii Bar, two selected by the Supreme Court and one each by the Senate and House. DOUGLAS WOO
and BARBARA HASTINGS
HCC2: 211
  7/26/1978 Increase options against judges, bar chief suggests to Con Con Hawaii's constitution should include a wider range of disciplinary sanctions against judges, the president of the state’s Bar Association suggested yesterday. The proposal was made by attorney Daniel H. Case to the Constitutional Convention’s Judiciary Committee. Earlier, Hawaii Supreme Court Chief Justice William S. Richardson indicated no objection to the idea. DOUGLAS WOO HCC2: 212
  / Selection from page 1: Under consideration is the so-called Missouri Plan of selecting judges, which involves a nominating commission, appointment by the executive branch, ratification of the appointment by voters and periodic retention elections to scrutinize the judge’s performance. The Missouri Plan was highly touted during the 1968 Con Con, but eventually rejected as delegates that year — nearly half of them incumbent politicians — chose to retain the political appointment process. But Con Con delegates are considering many other schemes of merit selection besides the Missouri Plan. The Judiciary Committee has 18 proposals on the issue. / HCC2: 213
  7/30/1978 Con Con hears from proponents of changing judge-selection system At a hearing on the merit selection of judges before the Committee on the Judiciary, speakers emphasized that the present crop of judges is not inadequate, but that under the present system of selection — appointment by the governor and chief justice. ROBERT BELTRANO HCC2: 214
  9/1/1978 ^Merit,’ Con Con-style What the Con Con did was take the facade of the merit system and turn it into what promises to be a continuing political system. The chief justice would continue to appoint District Court judges. While that may be a less blatantly political way of selection than by the governor, the case for merit selection on that level is as strong as anywhere else.   HCC2: 215
  9/1/1978 Curbs voted down for judicial board The Constitutional Convention rejected suggestions yesterday that restrictions be placed on the political activities of members of a proposed judicial selection commission. The commission would be appointed by the governor and would nominate candidates to fill vacancies on the bench. The majority of the convention rejected the change and also turned down an amendment to the committee recommendation that would have kept any commission member from taking an active part in the political management or in political campaigns.” SANDRA S. OSHIRO HCC2: 216
  9/2/1978 Judicial commission should be non-partisan The Judiciary Committee of the Con Con has worked long and hard on a proposal for establishment in Hawaii of a judicial commission to select judges based solely on their qualifications and not on political patronage. Such a system is best known as a ’merit selection system” and operates by having the commission submit a list of highly qualified candidates to the governor from which the governor must make an appointment within 30 days or have the commission make the appointment for him. ANTHONY TAKITANI HCC2: 217
  / Con Con OKs Ban on Politics The members of a proposed judicial selection commission would be prohibited from taking an active part in politics under an amendment approved by the Con Con.   HCC2: 218
  / Plan altered in selection of judges The delegates voted to require in its suggested constitutional amendment that a panel of appointed lawyers and laypersons who would nominate candidates for vacancies on the bench could not "take an active''part in political management or in political campaigns." A number of attorneys argued that legal training is critical to render judicial decisions. SANDRA S. OSHIRO HCC2: 219
    THE ONE HOUSE LEGISLATURE One State Loves It... If Hawaii where to go to a partisan one-house legislature, the nation would have an example to set against Nebraska’ s.   HCC2: 220
  6/13/1978 Why Haven't Others Tried It? One of America’s oldest citizen groups for better government has favored one house state legislatures since 1920. The federal model of an upper house apportioned on geography and a lower house based on population was too well rooted. The U.S. Supreme Court threw out the federal model for states. It told them to apportion both houses on population if they had two — one man, one vote. One house advocates saw this as ending the main justification for two houses, but little happened. Since then, there has been a lot of interest in one house, but little action, the League reports.   HCC2: 221
  7/7/1978 Oh Unicameralism. Early Con Con Vote Expected Constitutional Convention leaders indicated yesterday the first major decision this year may focus on the issue of a one-house versus a two-house Legislature, with prospects that the convention will stand with tradition. Douglas Boswell HCC2: 222
    Why Municipal League Favors One House THE NATIONAL Municipal League has favored the adoption of a unicameral (one house) state legislature for more than 40 years. The reasoning behind the League position has been two-fold; first, strengthen the representative nature of the legislature by increasing voter awareness through the greater visibility of each member of the legislature; and, secondly, strengthen the legislative institution itself by making it a genuinely equal member with the executive and judicial branches. William J, D. Boyd HCC2: 223
  7/14/1978 3 plans for one-house legislature introduced by Con Con delegates Proposal for unicameral, or one-house, state legislature yesterday surfaced among the latest batch of proposals tossed into the Con Con hopper. DOUGLAS WOO HCC2: 224
  7/19/1978 A One-House Legislature The first major constitutional policy decision by Con Con maybe whether the state Legislature in the future should have one house or two. Con Con leaders say, reasonably, that so many downstream decisions would flow from a change to one house that they should allow time to consider them.   HCC2: 225
  / Hawaii should retain bicameralism The unicameral legislature of Nebraska has been criticized not for its haste, but rather because it takes much longer to get a bill through the legislature than under the old system. The one-house legislature in Nebraska may in general work satisfactorily for that particular state. But it has its deficiencies, cited above, and there are sufficient differences between Nebraska and Hawaii to question the relevance of its unicameralism to this island state. IN THE FINAL analysis, the quality of a legislature and its work depends on the capability and integrity of the people elected to serve in it.   HCC2: 226
  / Support Is Voiced for Unicameralism About 20 Con Con delegates yesterday heard support for a one-house legislature from a Star-Bulletin editor and a representative of independent businessmen. About 50 people, Including about 20 Con Con delegates along with members of the press, attended an informal discussion of unicameralism at the Honolulu Press Club, sponsored by the One House Committee. The One House Committee is an independent group formed to educate the public on the advantages of unicameralism. Vicki Viotti HCC2: 227
  / Delegates debate unicameralism What began as a Con Con informational meeting on the virtues of unicameralism yesterday turned into a debate, with two speakers supporting a one-house system and several delegates arguing against it. CAL MACHIDA HCC2: 228
  08/06/1978 Initiative and single house issues heat up in Con Con The fight over placing initiative and unicameralism questions on the November ballot is beginning to heat up as the Con Con heads into its final seven weeks. One proposal before the convention would prohibit citizen-initiated legislation which relate to collective bargaining, taxation and finance. Another could bar initiative or referendum measures eliminating any existing state or county job or reducing any existing employee’s pay. SANDRA S. OSHIRO HCC2: 229
  / Con Con to postpone action on unicameralism proposals The Constitutional Convention has postponed action on several proposals that would establish a one-chamber legislature, an issue that delegates were hoping to resolve quickly. The Hawaii Building and Construction Trades Council opposed unicameralism in testimony Monday. SANDRA S. OSHIRO HCC2: 230
    Group Backs Two-House Legislature The first step toward retaining Hawaii’s two-house legislature was taken at the Con Con last night when a committee voted 16-13 to approve a resolution endorsing the bicameral system. The resolution now goes to the full convention. (A CONVENTION resolution is a non-binding expression of the sentiment of the body, while a proposal is a formal act that leads to a proposed constitutional change being put on the ballot for voter approval.) Lee Gomes HCC2: 231
  / Con Con votes 68-32 to retain bicameral set-up The "straw vote” yesterday was taken despite the arguments of some delegates — some supporting unicameralism, some favoring bicameralism — who felt that a resolution was not a proper vehicle to use to debate the unicameral- bicameral issue. SANDRA S. OSHIRO HCC2: 232
  / A test of bicameral sentiment A resolution supporting a two-house form of legislature, such as that which now exists in the state, was sent to the full Constitutional Convention after lengthy committee debate last night. SANDRA S. OSHIRO HCC2: 233
  / Bicameral plan wins (from page 1) despite assurances from the Con Con leadership that the resolution would not mean an end to debate on the unicameral-bicameral issue, some delegates said the effect of the vote would be to“ render the issue moot.” The delegates will also debate a report from its Committee on Ethics, recommending that requirements for state and county employees be expanded.   HCC2: 234
  08/12/1978 Con Con Coes for 2 Houses By a 68-32 vote, the Con Con yesterday adopted a resolution keeping the state’s present two-house Legislature. Though the resolution was intended as only a "straw vote” to guide the convention in its later work, the wide margin by which it passed made it clear that assembly will not propose a unicameral Legislature for the state’s Constitution. Delegates in favor of the resolution said that the vote was needed so that convention committees could go about their business knowing what form the Legislature will have. Lee Gomes HCC2: 235
  / Too Many Bills The Star-Bulletin has commented on the number of bills introduced in Hawaii’s Legislature and more recently on the number o f proposals presented the Con Con. It has noted that only a small percentage of the bills become law.   HCC2: 236
  08/14/1978 Con Cons Vote Against One House The status quo forces easily carried the day against one house. 68 to 32. The advocates of two houses have contended that steps could be taken to remedy some of the perceived two-house shortcomings. Con Con ought to mandate some: Limit Senate-House conference com m ittees to consideration of matters which have passed one house or the other. Limit the number of bills legislators may introduce. Put bills through some mandated screening processes.   HCC2: 237
  / Unicameralism Crushed in 75-19 Vote The proponents of unicameralism made a formal but futile pitch yesterday to get the Constitutional Convention to approve a one-house Legislature. They lost by a vote of 75-19. The assembly’s retention of Hawaii’s two-house Legislature had been expected from the day that delegates were first elected, and especially after they voted in a "straw poll” several weeks ago to keep the present legislative setup. Lee Gomes HCC2: 238
    Unicameral proposal trounced again Hawaii’s Constitutional Convention again has rejected the idea of reducing the Legislature from a bicameral to a unicameral body. Delegates, in a committee-of-the-whole session yesterday, rejected the proposed change 75-19. The convention had already demonstrated its support for the present system in an earlier straw vote. DOUGLAS WOO HCC2: 239
    Panel favors pay-hike plan for legislators The Constitutional Convention's Committee on Legislature yesterday recommended a plan that would make it easier for legislators to increase their salaries. The committee voted 19-3 for a proposal that would let a legislature salary commission raise the pay of lawmakers without legislative approval. DOUGLAS WOOD HCC2: 240
    Party Opposes Initiative far Isle Voters William W. Paty Jr., temporary chairman of the Constitutional Convention, indicated yesterday he has little enthusiasm for the "initiative” system under which Californians this week voted to slash property taxes. Douglas Boswell HCC2: 241
  / Con Con OKs commission to raise legislators salaries every 8 years Legislators would no longer be directly responsible for raising their pay under a Con Con proposal that voters likely will see on the November ballot. The proposed constitutional amendment would allow an appointed commission to change the legislators’ salaries and their benefits package every eight years. The changes in compensation could only be overturned if the Legislature moves to reject the commission’s recommendation or if the governor vetoes the plan. SANDRA S. OSHIRO HCC2: 242
  07/24/1978 Home rule battle: hot Con Con topic and election issue Hawaii has one of the nation’s most centralized state governments, and the Ariyoshi administration wants to keep it that way. Most of Hawaii’s population and the bulk of its financial muscle are on Oahu. Con Con of 1968 reasoned that because of Hawaii’s unique island geography, history of centralized government and statewide taxing system, basic authority should stay with the state. JEBBY BUBBIS HCC2: 243
  / 2 Home Rule Measures Get Con Con Approval The Constitutional Convention yesterday voted to give the counties full control over real property taxes as well as “ veto power” over major rezoning by the state Land Use Commission. Those two major changes in the distribution of povver between the state and the counties represented, in effect, the concessions that the convention made to the delegates who had been working towards increased ‘ ‘home rule” fiscal and planning powers for the counties. Lee Gomes HCC2: 244
    Home Rule Issues OKd (from page one) ON THE LAND USE matter, the convention voted to give the counties the power to overturn Land Use Commission rezoning of county land from agricultural to urban use. Supporters said it will create a check on development, setting up another step before land can be reclassified.   HCC2: 245
    Counties Ask for Fiscal Power The state’s four counties, as part of their drive at the Con Con for increased "home rule” powers, made a pitch for increased fiscal powers before two convention committees yesterday. In addition to the fiscal changes sought yesterday, the counties also are asking for increased powers in zoning and land use matters issues that will be heard at the convention next week. Lee Gomes HCC2: 246
    Home Rule' Issues Get Easy OK in Committee With an ease' which caught several by surprise, a Constitutional Convention committee yesterday passed two proposals transferring major state powers to the counties. Some counties previously asked the Legislature to make the changes, but those requests have been denied. Lee Gomes HCC2: 247
    Home rule boosted by Con Con panel Hawaii’s counties would get full powers to tax real property under recommendations made by a key Constitutional Convention committee yesterday. The counties also would get final say on whether land should be reclassified to urban use, a power now exercised by the state. SANDRA S. OSHIRO HCC2: 248
    Home rule gets a Con Con boost (From page 1) The Committee on Legislature also will recommend that the counties have the power to say whether lands can be reclassified to urban use, decisions that are now made by the state Land Use Commission. Urban land is subject to the counties’ planning and zoning regulations once the land has been placed into an urban district.   HCC2: 249
    Gon Con proposals (from page 1) The proposal was supported as a means to create another source of revenue for the counties, which are now dependent on the property taxes, grants from the state,' federal aid and some minor taxes and fees. But the delegates were told that the voters would not likely adopt such a proposal if it was placed on the ballot for ratification.   HCC2: 250
    Con Con gives counties an edge The State would lose its powers over property taxes and be required to share its decisions to urbanize land with the counties under two proposals supported by the Constitutional Convention yesterday. The vote took place as the convention met in a committee of the whole. The convention must vote again on the proposals in plenary session. SANDRA S. OSHIRO HCC2: 251
    Con Con pressured to weaken stance on counties ’ tax powers The Constitutional Convention may weaken a proposal giving counties full powers over real estate taxation as a result of strong lobbying efforts by the Hawaiian Sugar Planters’ Association and others. Earlier, the Con Con had given the proposal almost unanimous support. Last night, county officials, HSPA officials and delegates representing the Neighbor Islands and employed by companies involved in agriculture met to work out a "compromise.” SANDRA S. OSHIRO HCC2: 252
    Con Con & home rule Home rule has been a disappointing issue for some who expected the Constitutional Convention would take more steps in that direction. But two important measures have been approved to go on the November ballot.   HCC2: 253
    Con Con reversal a 'sellout' — Nishiki The recent reversal by the Constitutional Convention of a recommendation to immediately give Hawaii’s four counties full property taxing powers and stronger planning authority was labeled a “sellout" by a Democratic lieutenant governor candidate.   HCC2: 254
    Delegates, Lobbyists Dilute Property Tax Plan A closed-door meeting last night attended by Constitutional Convention delegates and lobbyists for the counties, sugar companies and ILWU apparently resulted in a diluted version of an earlier-approved plan to transfer control of real property taxes to the counties. The final 65-25 vote came after many delegates passed on the first round of voting, with their hesitancy being interpreted as indicating uncertainty about the proposal. Lee Gomes HCC2: 255
    Counties ask Con Con for more powers Hawaii's four county governments yesterday made their first pitch to Constitutional Convention delegates for redistribution of political power and responsibilities between the state and county governments. GERALD KATO HCC2: 256
  09/02/1978 Con Con reverses its stand (from page 1) Many in the convention were surprised when the majority leadership also moved to reject the second of the home-rule proposals,' which would have given the counties the veto power over lands urbanized by the state Land Use Commission.   HCC2: 257
    What to do about neighborhood boards? For the last four years Oahu has been experimenting with a system to improve the average citizen's ability to communicate with government. Based on elected community organizations called neighborhood boards, the overall result of this system has been a good one. A need for a clear definition of the boards’ relationship to the city is also important because it vitally affects the boards through their budgets. Adequate funding and effective staff support were the carrots that originally drew many communities to the board process. To date they have received neither. DAVID DeLEON HCC2: 258
    Neighborhood Board Problems Honolulu Neighborhood Boards, innovative units aimed at getting more grass roots participation in government are experiencing growing pains.   HCC2: 259
  09/01/1978 Con Con compromise worked out The Constitutional Convention will be asked to recommend to voters that the state transfer all property taxing powers to the counties over a period of 11 years, according to convention sources. Delegates said that the sugar .and pineapple companies did not step forward earlier because the idea was not expected to "fly " and because its possible effects were not foreseen.   HCC2: 260
    Convention Backs Off on Land, Taxation Measures (cont' from page one) The new tax system was approved by a vote of 79-14, with delegates from both factions saying it was designed to allay the fears that exemptions for large businesses, as well as for small homeowners, would be allowed. They also said it would provide for an orderly transition to full, individual control of real property functions.   HCC2: 261
    Convention Drops County 'Veto' Plan The Constitutional Convention yesterday reversed itself on a land use proposal and approved a diluted version of the total transfer of real property taxing powers to each county that it had earlier approved. Yesterday, by a 50-40 roll call vote, the convention took the proposal out of its Local Government Committee package. Lee Gomes HCC2: 262
    Counties should have control of property tax When the practice of land taxation was first introduced in Hawaii during its monarchical period, a centralized system of assessment and collection was used. Today, Hawaii still has the distinction of being the only state in the nation with a completely centralized real property tax administration. This has served us well in the past, but in view of the ongoing debate by the Constitutional Convention over state vs. county property tax authority, a re-examination of our present system is in order. JACK K. SUWA HCC2: 263
    Growth Control Issues Stick The Constitutional Convention last night voted 73-24 to keep alive al constitutional change requiring the state to “ plan and manage” its population growth. The requirement is contained in the report of the convention's Committee on Public Health and Welfare, Labor and Industry. The convention began deliberating the report yesterday and was to continue discussing it this evening.   HCC2: 264
    Proposal on pensions loses again at Con Con The Constitutional Convention last night again rejected a move that would have kept legislators and judges from receiving more retirement benefits than those received by other public employees. The convention had earlier decided it would not recommend a constitutional change to equalize the pensions given all government workers. SANDRA S. OSHIRO HCC2: 265
    Growth Controls Approved A proposed constitutional amendment requiring the state to plan and manage its population growth was approved almost unanimously by a state Constitutional Convention committee yesterday. The current constitutional provision gives the state power simply to provide "assistance’’ for those "unable to maintain a standard of living compatible with decency and health.” June Watanabe HCC2: 266
    Retirement System Questioned People close to power can obscure personal privileges they enjoy from public view by burying the source of their privilege in complex and self-serving legislation. Judges and elected officials in Hawaii get more from the Public Employees Retirement System than the regular public employee. Ginger K. Wurdeman HCC2: 267
  06/30/1978 Taxpayers Want Limits on Spending The rapid rise in Hawaii government spending has been the subject of frequent comments in these columns. Most recent figures show that state general fund spending jumped 248 percent from 1967 to 1977 while population climbed only 24 percent and per capita personal income gained only 115 percent.   HCC2: 268
    Con Con Is Examining the State's Debt Limit Delegates at this year’s Constitutional Convention are examining the state’s debt limit, and a consensus seems to be emerging that the debt limit should be replaced with a new method of figuring the maximum amount the state can borrow by selling bonds. By linking the debt limit to debt service payments, the argument goes, borrowing will be better kept within the state’s fiscal means. Lee Gomes HCC2: 269
    Legislators suggest a tightening up of formula that curbs state’s debt There was some welcome advice and unwelcome advice when several key legislators spoke yesterday to the Constitutional Convention’s Committee on Taxation and Finance. The welcome advice: Tighten the constitutional formula limiting how much the state can borrow. The unwelcome advice: Make it easier for the Legislature to borrow within that limit. Those were among the observations offered by the legislators, who included leaders and finance chairmen from the House and Senate. DOUGLAS WOO HCC2: 270
    Con Con should make the tax law conform The delegates to the Con Con should give voters a chance to adopt an amendment to the Constitution which would permit the legislature to pass state income tax laws into automatic conformance with federal laws or establishing state income tax liability as a percentage of federal income tax liability. The state would realize cost savings and reduce confusion by carrying out federal laws and thereby promoting greater efficiency and easier administration. Conformity also allow coordination of state and federal taxation and fiscal goals. Fred W. Bennion HCCS: 271
  08/20/1978 Con Con ponders ways limit state debt The Constitutional Convention is looking at ways to better control the state’s borrowing and make it harder for the Legislature to keep on the books unfunded projects that the state can't afford. The debt limits tend to be overbroad and ineffective since the amount of interest on the permissible debt would be too great for a municipality to handle, or they are too restrictive and officials have found ways to get around them. SANDRA S. OSHIRO HCC2: 272
  08/25/1978 Spending, borrowing limits backed by panel A Constitutional Convention committee agreed yesterday that limits on the state’s spending and borrowing should be recommended to the voters for adoption, although specific proposals have yet to be worked out. The limits were two of several proposed constitutional changes that the Committee on Taxation and Finance agreed “ in general” to discuss and adopt within the next two weeks. The committee tentatively agreed to recommend a proposal that would require the state and Legislature to review all projects for which bonds have been authorized. SANDRA S. OSHIRO HCC2: 273
    Committee Approves Store Spending Limit A state spending ceiling and a tight new debt limit were approved by a Constitutional Convention committee which met from last night until early this morning. The Taxation and Finance committee worked through a series of complex constitutional changes dealing with the state’s finances. Its actions must now be approved by the entire convention and then by the voters before they will take effect. Lee Gomes HCC2: 274
  08/31/1978 Good $$$ News From Con Con We heart grumbling from time to time that Con Con is doing so little the $2.5 million spent on it is wasted. A periodic public review of the constitution seems worthwhile even if little is changed. If Con Con does nothing more than make us all more aware of government there is value there. In total, this is a package that will go a long way to keep big government in check. Over the next decade it ought to save taxpayers many times $2.5 million by reining in some of the big spending dream s that every temporary state surplus seems to create.   HCC2: 275
    Committee urges stricter limits on government debt A Constitutional Convention committee last night recommended a new, tougher constitutional formula to limit government debt in Hawaii. The recommendation was unanimously approved by the Committee on Taxation and Finance. It now faces approval of the full Con Con before being placed on the general election ballot for voters to accept or reject. Debt limitation, an issue that has caught the fancy of voters across the nation, is expected to be one of the key changes recommended by the Con Con. DOUGLAS WOO HCC2: 276
    Con Con puts a lid on ‘pork barrel' Constitutional Convention delegates, in a surprise vote, yesterday approved a proposal that supporters believe will take the illusion out of the long-standing tradition of legislative "pork barrel" politics. By a 55-38 margin, delegates voted to require lawmakers to first determine that the state’s debt limit will not be exceeded before they authorize the state to borrow money. DOUGLAS WOO HCC2: 277
    Special purpose bonds get tentative Con Con backing Constitutional Convention delegates yesterday gave their tentative support to the idea of allowing the state to use its borrowing power to pay for private enterprise projects. Several delegates spoke against the proposal, though, saying that the state may feel morally obligated to pay any default on the bonds even though it was not under any legal obligation. The delegates, by 64-28, voted against a proposal to kill the special purpose bond idea. SANDRA S. OSHIRO HCC2: 278
  09/07/1978 Con Con OK s Spending Limits,Private Bonds The debate on the two proposals, and on several others involving the state’s finances, went all day long. It was the lengthiest session the convention has had so far, and towards the end of it, more than a third of the delegates had left the hall. Lee Gomes HCC2: 279
    Tax refund plan wins initial OK (From page A-8) The proposals approved last night can still be changed before they are presented to' the voters on the general election ballot for approval.Generally, votes in the Committee of the Whole are not overturned in later reviews and are a good indication of how the convention will finally decide on the issues.   HCC2: 280
    Tax refunds-credits get initial approval at Con Con session Taxpayers-could receive tax refunds or credits if the state accumulates a specified surplus under a Constitutional Convention proposal that won an initial endorsement last night. The Con Con proposal would also leave it to the Legislature to decide how much of a tax refund or credit would be passed on to taxpayers. An alternative suggestion to specifically return at least half of any general fund surplus to the voters at each year’s end was killed by the convention, meeting in its Committee of the Whole. SANDRA S. OSHIRO HCC2: 281
1978 Hawaii Constitutional Convention News clippings, Part 2