S E N A T E J O U R N A L - 5 9 t h D A Y 673 FIFTY-NINTH DAY Tuesday, April 30, 2002 Senate Bill No. 2769 as Act 54, entitled: “RELATING TO MENTAL HEALTH.” The Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2002, convened at 10:17 o’clock Gov. Msg. No. 360, informing the Senate that on April 26, a.m. with the President in the Chair. 2002, he signed the following bills into law: The Divine Blessing was invoked by the Honorable Bob House Bill No. 57 as Act 55, entitled: “RELATING TO Hogue, Hawaii State Senate, after which the Roll was called AGRICULTURE”; showing all Senators present. House Bill No. 2232 as Act 56, entitled: “RELATING TO The President announced that he had read and approved the THE WHISTLEBLOWERS’ PROTECTION ACT”; and Journal of the Fifty-Eighth Day. Senate Bill No. 2881 as Act 57, entitled: “RELATING TO Senator English rose on a point of personal privilege as ELDERLY CARE.” follows: Gov. Msg. No. 361, dated April 26, 2002, transmitting his “Mr. President, point of personal privilege. statement of objections to House Bill No. 2266 which he has returned to the House of Representatives without his approval “Mr. President, members of the Senate, we’re very privileged and which reads as follows: today that Maui County is the very first county to be broadcasting these proceedings live to Maui, Molokai and “EXECUTIVE CHAMBERS Lanai, and they’re doing this using the Internet webcast. So HONOLULU they’re picking up the Internet webcast and transmitting these proceedings live for the first time, instead of two weeks later. April 26, 2002 The residents of Hana, Molokai, Lanai and all of Maui will be able to watch us just like Oahu in real time. STATEMENT OF OBJECTIONS TO HOUSE BILL NO. 2266 “This is an experiment. It’s the very first and it’s been done Honorable Members with very little resources. So imagine if we put some resources Twenty-First Legislature into it, all of our proceedings will be made available statewide State of Hawaii to the entire population, live. Pursuant to Section 16 of Article III of the Constitution of “Thank you, Mr. President.” the State of Hawaii, I am returning herewith without my approval, House Bill No. 2266, entitled ‘A Bill for an Act MESSAGES FROM THE GOVERNOR Relating to Accreted Lands.’ The following messages from the Governor (Gov. Msg. Nos. The purpose of House Bill No. 2266 generally is to permit 359 to 362) were read by the Clerk and were placed on file: only the State to own accreted land, which is a land extension along a shoreline (above the upper reaches of the wash of the Gov. Msg. No. 359, informing the Senate that on April 25, waves) that has been formed by natural and gradual growth. 2002, he signed the following bills into law: This is a marked departure from the clearly established common law of this State and it does not appear that adequate House Bill No. 1093 as Act 46, entitled: “RELATING TO consideration has been given to the impact of this measure or THE USE OF WASHINGTON PLACE FOR CAMPAIGN how it is to be implemented. Moreover, there are many ACTIVITIES”; unanswered questions raised by the bill that could have significant effects on private landowners. House Bill No. 1723 as Act 47, entitled: “RELATING TO MOTOR VEHICLE SAFETY”; The bill contains confusing provisions. For one thing, section 1 adds to section 171-1, Hawaii Revised Statutes, a House Bill No. 1725 as Act 48, entitled: “RELATING TO definition of the term ‘accreted lands’ to mean ‘lands formed by DRIVER LICENSE RENEWAL BY MAIL”; the gradual accumulation of land on a beach or shore along the ocean by the action of natural forces.’ The definition does not House Bill No. 2199 as Act 49, entitled: “RELATING TO include the requirement in sections 501-33 and 669-1, Hawaii LIQUOR”; Revised Statutes, that an accretion be permanent (in existence for at least twenty years). Also, section 2 amends the definition House Bill No. 2282 as Act 50, entitled: “RELATING TO of ‘public land’ in section 171-2, Hawaii Revised Statutes, to AGREEMENTS TO ARBITRATE MADE BEFORE JULY 1, include accreted lands formed after August 15, 1895, without 2002”; qualification, so that it could be interpreted to make even privately owned accreted land public land, thereby placing a House Bill No. 2507 as Act 51, entitled: “RELATING TO cloud on the title of privately owned ocean front land. REGISTRATION OF DIVORCES AND ANNULMENTS”; While generally precluding recognition of private ownership Senate Bill No. 2094 as Act 52, entitled: “RELATING TO in accreted lands, the bill makes an exception when accretion HEALTH INSURANCE REIMBURSEMENT”; merely restores land that had been previously eroded. Because shorelines are constantly changing, without specifying reference Senate Bill No. 2681 as Act 53, entitled: “RELATING TO dates from which these determinations are to be made, in most PUBLIC WORKS”; and cases it may be impossible to determine whether the accretion S E N A T E J O U R N A L - 5 9 t h D A Y 674 falls within the category of accretion or restoration of eroded Honorable Members lands. Twenty-First Legislature State of Hawaii Finally, I understand that the intent of this bill is not to undo any past adjudications of private ownership of accreted lands. Pursuant to Section 16 of Article III of the Constitution of However, the bill is silent as to the fate of currently pending the State of Hawaii, I am returning herewith, without my applications for such adjudications. approval, Senate Bill No. 2805, entitled ‘A Bill for an Act Relating to Soil and Water Conservation Districts.’ There are too many uncertainties and issues about how this bill will be implemented. These uncertainties are likely to lead The purpose of this bill is to remove the requirement that all to costly litigation. contributions, moneys, and funds received by a soil and water conservation district be deposited into the general fund. For the foregoing reasons, I am returning House Bill No. 2266 without my approval. The soil and water conservation districts are state agencies created pursuant to chapter 180, Hawaii Revised Statutes, and, Respectfully, pursuant to section 103-2, Hawaii Revised Statutes, all state agencies are required to deposit moneys they receive into the /s/ Benjamin J. Cayetano general fund unless the receipts are statutorily designated for BENJAMIN J. CAYETANO deposit into a special fund. There is no special fund established Governor of Hawaii” for the districts and, therefore, the mere deletion of wording from section 180-16, Hawaii Revised Statutes, will not Gov. Msg. No. 362, dated April 26, 2002, transmitting his accomplish the purpose of this bill. statement of objections to Senate Bill Nos. 2765, 2805 and 3010 which he has returned to the Senate without his approval and For the foregoing reason, I am returning Senate Bill No. which reads as follows: 2805 without my approval. “EXECUTIVE CHAMBERS Respectfully, HONOLULU /s/ Benjamin J. Cayetano April 25, 2002 BENJAMIN J. CAYETANO Governor of Hawaii” STATEMENT OF OBJECTIONS TO SENATE BILL NO. 2765 “EXECUTIVE CHAMBERS HONOLULU Honorable Members Twenty-First Legislature April 26, 2002 State of Hawaii STATEMENT OF OBJECTIONS TO SENATE BILL NO. Pursuant to Section 16 of Article III of the Constitution of 3010 the State of Hawaii, I am returning herewith, without my approval, Senate Bill No. 2765, entitled ‘A Bill for an Act Honorable Members Relating to Registration of Divorces and Annulments.’ Twenty-First Legislature State of Hawaii The purpose of this bill is to repeal section 338-29, Hawaii Revised Statutes, which requires registration of divorces and Pursuant to Section 16 of Article III of the Constitution of annulments with the Department of Health. The bill streamlines the State of Hawaii, I am returning herewith, without my the divorce and annulment process by eliminating the approval, Senate Bill No. 3010, entitled ‘A Bill for an Act registration requirement after December 31, 2002. Relating to Pension and Retirement Systems.’ House Bill No. 2507, which also repeals section 338-29, The purpose of this bill is to enable a firefighter who has at Hawaii Revised Statutes, was passed during the regular session least ten years of credited service and is deemed to be of 2002. Because I intend to approve House Bill No. 2507, permanently medically disqualified to be a firefighter to there is no need to approve this bill. continue employment in a class A or B position other than a firefighter, but still retain the higher benefit formula upon For the foregoing reason, I am returning Senate Bill No. retirement for the years of credited service as a firefighter. 2765 without my approval. Although the legislative committee reports state that Respectfully, firefighters who become medically disqualified due to a ‘service-related disability’ should not have their retirement /s/ Benjamin J. Cayetano benefits penalized for assuming the risks of their jobs as BENJAMIN J. CAYETANO firefighters, the bill only requires that the firefighter be ‘deemed Governor of Hawaii” permanently medically disqualified’ to be a firefighter and does not require a ‘service-related disability.’ Consequently, a “EXECUTIVE CHAMBERS firefighter injured in a non-service-related accident, such as an HONOLULU off-duty automobile accident, and deemed to be permanently medically disqualified to be a firefighter, will be entitled under April 25, 2002 the bill to retain the higher benefit formula upon retirement. It appears that the bill will not correctly effectuate the STATEMENT OF OBJECTIONS TO SENATE BILL NO.