Category Archives: Uncategorized

Operating Engineers Picnic


On Sunday, June 7, 2009 from 10:45 A.M. to noon, I attended the Operating Engineers Picnic at Kapolei.

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Seiko’s 12th Birthday Party


On June 6, 2009, I attended Seiko Chow’s 12th birthday party at her house.

Rep. Jon Riki Karamatsu & Seiko

Rep. Jon Riki Karamatsu & Seiko

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Attended Lincoln Jacobe’s Birthday Party


On Friday, June 5, 2009, I attended Lincoln Jacobe’s Birthday Party at Oceans 808 from 9:30 P.M.  Lincoln is president of the Hawaii Pacific Entertainment Company.  His latest project is bringing the Pussycat Dolls for a concert in Hawaii, which I will be attending.  He also manages events such as the Taste of Technology, which I have participated in, talent such as Jasmine Trias, and film projects.

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Speech at Kapolei Rotary


On Thursday, June, 4, 2009 from 7:00 A.M., I made a speech to the Kapolei Rotary at Kapolei High School.  This is the second rotary I have spoken to.  In 2006, I spoke to the Kahala Rotary at Waialae Country Club.

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Nurses Advocates and Mentors, Inc. (NAMI) Graduation


On June 3, 2009, from 6:00 P.M., I attended the Nurses Advocates and Mentors, Inc. (NAMI) Graduation at the Filipino Community Center.

Beatrice Ramos Razon, RN, President, Nurses, Advocates & Mentors Inc. and Rep. Jon Riki Karamatsu

Beatrice Ramos Razon, RN, President, Nurses, Advocates & Mentors Inc. and Rep. Jon Riki Karamatsu

NAMI graduates

NAMI graduates

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Taping of Cooking Show: Chef Chai and Rep. Jon Riki Karamatsu


On June 3, 2009 from 12:00 P.M. to about 3:45 P.M., Alec Sou of Aloun Farms and I were guests on Chef Chai’s cooking show.  We did two tapings.

Chef Chai and Rep. Jon Riki Karamatsu

Chef Chai and Rep. Jon Riki Karamatsu

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“Beautiful” Event


Russell Tanouye and Rep. Jon Riki Karamatsu

Russell Tanouye and Rep. Jon Riki Karamatsu

On May 30, 2009, I attended Russell Tanouye’s “Beautiful” event.  Russell is a photographer for many models and did the House pfficial pictures in 2007.  He also raises funds for charities.

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Sen. Brian Taniguchi’s Fundraiser


Sen. Brian Taniguchi and Rep. Jon Riki Karamatsu

Sen. Brian Taniguchi and Rep. Jon Riki Karamatsu

On May 30, 2009, from 5:30 P.M. I attended Sen. Brian Taniguchi’s Fundraiser at Mid-Pacific Institute’s cafeteria.

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Olelo Taping: Legislative Session Wrap-Up


On May 30, 2009, I was a guest for Sen. Will Espero’s Olelo show.  We talked about the 2009 Legislative Session.

Sen. Will Espero, Rep. Jon Riki Karamatsu, and Waipahu Intermediate School Olelo television crew.

Sen. Will Espero, Rep. Jon Riki Karamatsu, and Waipahu Intermediate School students Olelo television crew.

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Happy 86th Birthday Robert Arakaki, President of the 100th Infantry Battalion!


Every Thursday the 100th Infantry Battalion veterans hang out, talk story, eat pupus, and have some beverages, including beer and wine.  I spent many Thursdays with them in 2007.  After my DUI on October 16, 2007, I stopped attending their gatherings because I got really busy with my legislative duties and I was determined to make a political comeback despite knowing that no politician has ever survived such a mistake.  I would see Mr. Arakaki at events and he said to come by and the boys would ask about me.  I saw Mr. Arakaki at the 2009 Lantern Floating and he told me to come, plus it was his birthday. 

On May 28, 2009 at about noon I stopped by the 100th Infantry Battalion Clubhouse.  It was so good to see all the veterans: Goro, “China”, Aki, “Stu”, Judge Miho, Kiku (longtime friend of the veterans), and others.  I always get emotional and at times, teary-eyed when I think of the sacrifice they did for us.  I was happy to celebrate Mr. Arakaki’s 86th birthday.  I live because of these heroes.  My heart is filled with so much appreciation and love for them.

Rep. Jon Riki Karamatsu, Robert Arakaki (President of the 100th Infantry Battalion) and his wife.

Rep. Jon Riki Karamatsu, Robert Arakaki (President of the 100th Infantry Battalion) and his wife.

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IBEW-ECAH Electrical Training Center Open House Event


On May 28, 2009 from about 11:00 A.M., I attended the IBEW-ECAH Electrical Training Center Open House Event at 1935 Hau Street.

Rep. Jon Riki Karamatsu and a member of the IBEW.

Rep. Jon Riki Karamatsu and a member of the IBEW.

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Lanikila Pacific Teaching and Learning Centers (TLC) Winter 2009 Graduation


On May 28, 2009 from 10:00 A.M., I was the guest speaker at the Lanikila Pacific Teaching and Learning Centers (TLC) Winter 2009 Graduation ceremony.

Lanikila Meals on Wheels Director Brandon R. Mitsuda and Rep. Jon Riki Karamatsu

Lanikila Meals on Wheels Director Brandon R. Mitsuda and Rep. Jon Riki Karamatsu

Board Member of Lanikila, Lanikila TLC Director Dawn Burgener, and Rep. Jon Riki Karamatsu

Board Member of Lanikila, Lanikila TLC Director Dawn Burgener, and Rep. Jon Riki Karamatsu

Lanikila CEO Marian Tsuji and Rep. Jon Riki Karamatsu sitting with Lanikila TLC graduates

Lanikila CEO Marian Tsuji and Rep. Jon Riki Karamatsu sitting with Lanikila TLC graduates

Lanikila TLC graduates performing

Lanikila TLC graduates performing

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House Certificate for Waikele Elementary School Principal Carmielita Minami


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On May 20, 2009, I went to Waikele Elementary School and surprised Principal Carmielita Minami becoming the Hawaii’s 2009 Distinguished Principal.  She was announced as Hawaii’s 2009 National Distinguished Principal at an awards luncheon held on May 3, 2009.

Minami was nominated by Pearl City/Waipahu Complex Area Superintendent Keith Hayashi and selected for this prestigious award by a committee of fellow principals and business community representatives through a process conducted by the Hawaii Elementary and Middle School Administrators’ Association.

A veteran educator, Minami has devoted 38 years to Hawaii’s public school system. Her leadership has been instrumental in bringing transformational change to Waikele Elementary where she has served as principal since 2004.

“Research results prove what school communities know from experience that successful schools depend on dedicated instructional leaders,” said Vincent Ferrandino, former executive director of the National Association of Elementary School Principals. “This honor represents our deep appreciation to a few of those who are committed to the academic, social, and emotional development of school children both in our nation and overseas.”

Joining Minami at the celebration were nominees: Carol Petersen, Mililani Mauka Elementary (Central); Lehua Veincent, Keaukaha Elementary (Hawaii); Cindy Giorgis, Hahaione Elementary (Honolulu); Fred Rose, Kilauea Elementary (Kauai); Susan Alivado, Paia Elementary (Maui); and Joyce Bellino, Kapunahala Elementary (Windward).

This fall, she will travel to Washington, D.C., to be honored along with other principals from across the nation during two days of activities and recognition events.

The National Distinguished Principals Program is sponsored by the NAESP in cooperation with the U.S. Department of Education and in corporate partnership with AIG VALIC.

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Waikele Community Traffic Awareness Project


On Tuesday, May 26, 2009, I participated in the Waikele Community Traffic Awareness Project with residents of the the Waikele Community Association and the Honlulu Police Department sign waving on Lumiauau Street between Waikele Classics and Waikele Highland View Estates to remind people to drive carefully in this residential area.

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2009 Lantern Floating


On Monday, May 25, 2009, I attended Shinnyo-en’s 10th Anniversary Lantern Floating held at Ala Moana Park from 4:30 P.M. to 7:30 P.M.  The V.I.P. reception was from 4:30 P.M. to 5:30 P.M.  We were seated at 5:30 P.M. and the event was from 6:30 P.M. to 7:30 P.M.This was my second time attending.  I attended the 2008 Lantern Floating.   

The theme was called, “Many Rivers One Ocean,” honoring the legacy of ouor loved ones and ancestors.  Shinnyo-en message: “The light kindled in each lantern reminds us that we can share with others the same love and we have for our loved ones.  All people who embrace diverse cultures, traditions, and thoughts can come together, and our uniqueness can be highlighted with mutual understanding and respect.  This is the great ocean of harmony that leads us to lasting peace.”

The order of ceremony: Shinnyo Taiko Ensemble; German trumpet soloist Matthias Hofs, Christina Souza and friends (choir), Guest Performance Lanterns Entrance (There were 6 parent lanterns and thousands of small lanterns.  Paren lanterns include Hawaii Lantern and World Peace Lantern); Oli and Hula by Halau Hula Olana and Kumu Hula Olana Ai; Address by Shinnyo-en Priset; Onjiki or food and drink ritual offering spiritual nourishment to the souls; Shomyo Choir (A fusion of Buddhist chant and Western choral harmony, Floating of Lanterns; Sange (Tossing of flowers); and everyone singing “Hawaii Aloha”.

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Zen & Sake: A Fundraiser to Benefit Daihonzan Chozen-Ji International Zen Dojo


I attended Zen & Sake: A Fundraiser to Benefit Daihonzan Chozen-Ji International Zen Dojo on Friday, May 22, 2009 from 6:00 P.M. at Miyako Restaurant, 2nd Floor of New Otani Kaimana Beach Hotel.  The food was very delicious with sake pairings to each dish.  I met many business persons I be-friended over the years.  Every dish and sake was announced by a different person and each person had to create a haiku poem and state it to the guests.  Unexpectedly, I was asked to make a haiku for the dessert dish, which was zensai with vanilla ice cream, mochi, and a couple of pieces of mango. 

I stated, “Since everyone in this room is full of peace and love.  For the dessert, I decided to go deep into your souls.  My haiku goes like this:

Stars sparkling up high

I see her smiling to me

Love and peace within  

The person could be someone from the past, present, or future.  And the person could be your family, friend, or lover.  Thank you.”

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H.B. No. 128, H.D. 1, S.D. 1, C.D. 1: Relating to Elections


Representative Jon Riki Karamatsu

House Journal Written Remarks

May 5, 2009 – Day 61

H.B. No. 128, H.D. 1, S.D. 1, C.D. 1

Relating to Elections

I rise in support of House bill 128, House Draft 1, Senate Draft 1, Conference Draft 1, relating to elections.

The purpose of this bill is to update, organize, and clarify, as well as make minor substantive amendments to, current campaign finance laws.   We did not not revise current substantive law regarding contribution limits to candidate committees or noncandidate committees; the language in this measure is identical to that currently codified in HRS 11-204(a) and 11-204(b).  We did not consider it prudent to address new or clarified limitations on such contributions at this time due to pending appellate judicial review of Charmaine Tavares Campaign v. Barbara U. Wong by the Intermediate Court of Appeals, which struck down that section of the law.  It should be noted that a number of lawmakers agreed to the decision by the Second Circuit Court that struck down contribution limitations to noncandidate committees because it discriminated corporations from individuals and other entities in participating in the political process.

This bill made some substantive changes to current law such as restricting the limitation on contributions by contractors with the State to contributions by non-bid contractors only.  It also allows for pro-rata attribution of contributions by partnerships and limited liability companies considered as partnerships by the Internal Revenue Service among the partners or members.  Further, the limit on contributions by non-residents was increased from 20 percent to 30 percent of the total contribution received by a candidate or candidate committee for each election period (A number of lawmakers believe that this will be struck down by the courts because it is discriminating non-residents from residents in political participation).  Finally, this bill provided that campaign funds to be used for donations to public schools or public libraries are subject to limitations similar to those for donations to community service or educational organizations already allowed under current law.  Thank you.

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H.B. No. 300, H.D. 1, S.D. 2, C.D. 1: Relating to the Judiciary


Representative Jon Riki Karamatsu

House Journal Written Remarks

May 5, 2009 – Day 61

Conf. Comm. Rep. No. 166

H.B. No. 300, H.D. 1, S.D. 2, C.D. 1

Relating to the Judiciary

When the House passed the Judiciary budget to the Senate, the House reduced the budget by $28,065,985 in the first fiscal year (2009-2010) and $28,065,985 in the second fiscal year (2010-2011).  The proposed Judiciary Budget by the House was $124,232,511 in the first fiscal year (2009-2010) and $124,232,511 in the second fiscal year (2010-2011).  The House also eliminated 114 vacancy positions.

In contrast, the Senate draft reduced the Judiciary budget by $8,408,626 in the first fiscal year (2009-2010) and $8,408,626 in the second fiscal year (2010-2011).  The proposed Judiciary budget by the Senate was $143,889,870 in the first fiscal year (2009-2010) and $143,889,870 in the second fiscal year (2010-2011).  The Senate did not eliminate any vacancy positions.

 In conference, after negotiations between the House and the Senate, we agreed to reduce the Judiciary budget by $11,000,000 and eliminated 79 vacancy positions.  As a result, the Judiciary budget has become $141,298,496 in the first fiscal year (2009-2010) and $141,298,496 in the second fiscal year (2010-2011).  We restored all the initial cuts to the purchase of service agreements, which funded many of our important non-profit corporation legal services.  The capital improvement projects for the Judiciary budget included: $230,000 for plans and design for a new administrative services office building for the Kapolei Judiciary Complex; $3,995,000 for design and construction for upgrade and modernization of the elevators at Kauikeaouli Hale on Oahu; $550,000 for plans and land acquisition for a new Judiciary Complex for Kona; and $5,000,000 for plans, design, construction, and equipment for the remodeling and upgrading of Judiciary buildings statewide for fiscal biennium 2009-2011.  Thank you.

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H.B. No. 1378, H.D. 2, S.D. 2, C.D. 1: Relating to Advanced Practice Registered Nurses


Representative Jon Riki Karamatsu

Final Reading

May 5, 2009 (59th Day)

Written Remarks

Conf. Comm. Rep. No. 129

H.B. No. 1378, H.D. 2, S.D. 2, C.D. 1

Relating to Advanced Practice Registered Nurses 

          Mr. Speaker, I rise in opposition of House Bill 1378, House Draft 2, Senate Draft 2, Conference Draft 1.

          This bill would allow Advanced Practice Registered Nurses to open clinics as primary care providers and expand their medical authority without any physician oversight.  Under joint and several liability, physicians will face greater liability costs.  Earlier this legislative session, we had a number of bills aimed at reducing liability  costs for Hawaii’s physicians by adjusting our tort laws, creating incentives to reduce liability insurance costs, and forming a task force to implement a statewide health information technology system to reduce errors and omissions, all of which had a great discussion, but are not before us today.  I oppose this measure because it will take us in the opposite direction by increasing the liability costs for our physicians.  Thank you.

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H.B. No. 1316, H.D. 2, S.D. 1, C.D. 1: Relating to Torts


Representative Jon Riki Karamatsu

House Journal Written Remarks

May 5, 2009 – Day 59

Conf. Comm. Rep. No. 34

H.B. No. 1316, H.D. 2, S.D. 1, C.D. 1

Relating to Torts

I rise in support of House Bill 1316, House Draft 2, Senate Draft 1, Conference Draft 1.

This bill helps to address the concerns of Hawaii’s design professional companies (professional engineer, architect, surveyor, or landscape architect licensed under chapter 464) in regards to joint and several liability.  In any case involving tort claims relating to the design, construction, and maintenance of highways, where a design professional is determined to be a joint tortfeasor along with one or more other joint tortfeasors, and the degree of negligence of the design professional is ten per cent or less, including the vicarious liability of the design professional for the negligent acts or omissions of the officers and employees of the design professional, the liability of the design professional for more than the design professional’s pro rata share of negligence shall not exceed the available policy limits of the design professional’s professional liability coverage; provided that one of the following applies:

(1)  The contract amount for design professional services relating to the tort claim is $500,000 or less and the design professional is covered for the claim by a professional liability insurance policy with limits of no less than $1,000,000 per occurrence and $1,000,000 in the aggregate; or

(2)  The contract amount for design professional services relating to the tort claim is $1,000,000 or less and the design professional is covered for the claim by a professional liability insurance policy with limits of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

This section of the law shall not apply to any design professional with a gross annual revenue of $10,000,000 or more during any of the three calendar years immediately preceding the effective date of the contract for design professional services relating to the tort claim.  Information produced pursuant to this section relating to gross revenue shall be confidential and used only for purposes of this section unless otherwise ordered by the court.  Thank you.

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H.B. No. 1512, H.D. 1, S.D. 1, C.D. 1: Relating to Temporary Restraining Orders


Representative Jon Riki Karamatsu

House Journal Written Remarks

May 5, 2009 – Day 59

Conf. Comm. Rep. No. 43

H.B. No. 1512, H.D. 1, S.D. 1, C.D. 1

Relating to Temporary Restraining Orders

I rise in support of House Bill 1512, House Draft 1, Senate Draft 1, Conference Draft 1, relating to temporary restraining orders.

Unfortunately, there are situations where animals are victims during a domestic dispute.  This bill allows the court to issue a temporary restraining order enjoining or restraining both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court.  In this draft of the bill, we decided to require both parties to be covered by the temporary restraining order to preclude the possibility that one party might misuse the temporary restraining order process with the intent of gaining control over and abusing an animal.  We also deleted references and definitions of “pet animal” and “equine animal” that was in previous drafts to allow the court greater discretion in granting protection to animals.  It is our hope that this measure will prevent the abuse of animals in the middle of domestic disputes.

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H.B. No. 618, S.D. 2, C.D. 1: Relating to the Uniform Prudent Management of Institutional Funds Act


Representative Jon Riki Karamatsu

House Journal Written Remarks

May 5, 2009 – Day 59

Conf. Comm. Rep. No. 18

H.B. No. 618, S.D. 2, C.D. 1

Relating to the Uniform Prudent Management of Institutional Funds Act

I rise in support of House Bill 618, Senate Draft 2, Conference Draft 1, relating to the Uniform Prudent Management of Institutional Funds Act.

 The purpose of this bill is to enact the Uniform Prudent Management of Institutional Funds Act to conform the law governing the spending of charitable endowment funds with modern investment and expenditure practices.

Hawaii law prohibits charities from expending endowment funds that fall below the principal of the endowment (historic dollar value).  However, under current economic conditions, many endowments may be below their historic dollar value, preventing charities from funding their various programs.

 Under this bill, allowable endowment fund expenditures are based upon the value of the fund’s entire portfolio, rather than its historic dollar value.  This improves the ability of charities to address fluctuations in the value of the endowment.

This bill also streamlines the process for releasing restrictions on the management, investment, or purpose of endowment funds that do not exceed certain value thresholds.  Charities will be able to release these restrictions without court approval if the value of the fund is below $250,000 and after obtaining the Attorney General’s consent.  For funds with a value of less than $50,000, the charity may release restrictions without court approval after providing notice to the Attorney General.  Thank you.

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House Journal Written Remarks: H.B. No. 615, H.D. 1, S.D. 2, C.D. 1, Relating to Harassment


Representative Jon Riki Karamatsu

House Journal Written Remarks

May 5, 2009 – Day 59

Conf. Comm. Rep. No. 10

H.B. No. 615, H.D. 1, S.D. 2, C.D. 1

Relating to Harassment

I rise in support of House Bill 618, House Draft 1, Senate Draft 2, Conference Draft 1, relating to the harassment.

The purpose of this measure is to keep up with technology by updating Hawaii’s harassment and harassment by stalking laws by including the definition of electronic communication as defined in the Hawaii Revised Statutes section 711-1111(2), which means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.  Unfortunately, many individuals are harassing and stalking others through the Internet.  Harassment and stalking can cause annoyance, mental distress, and safety concerns.  It is our goal to protect our community from harassment and stalking done in person or through technology.  Thank you.

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Hongwanji Mission School 60th Birthday Celebration


On Sunday, April 26, 2009, I attended the Hongwanji Mission School 60th Birthday Celebration from 3:00 P.M. until about 5:45 P.M.  They had student performances from preschool to grade 8.  They performed songs, drama, taiko, and band music.

My cousin Sereny Suzuki’s son Ryder Suzuki performed with preschool students a Japanese song “Don Na Iro Ga Suki”.  Her husband Beau and daughter Chloe was also there.  I saw a number a familiar faces and friends I haven’t seen in awhile at the event.

At the peace pole ceremony and tree dedication, Sen. Suzanne Chun Oakland, Rep. Corinne Ching and I presented Senate and House certificates  respectively.  We said a few words each.  I mentioned how the Hongwanji Mission School, in addition to teaching educational tools such as math, English, and science, it teaches compassion and peace, which is very, very important for the kids.  It was at peace pole ceremony, I waved to my little second cousin Chloe and I saw my cousin Sereny.

We ate Hawaiian food and enjoyed ourselves.  It was a very good event. Tanoshikata.

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Written Remarks Entered Into the House Journal: Stand. Comm. Rep. No. 1594 – S.B. 764, S.D.2, H.D. 2, Relating to Real Property


Representative Jon Riki Karamatsu

Written Remarks into the House Journal

April 14, 2009; 46th Day

Stand. Comm. Rep. No. 1594 – S.B. 764, S.D.2, H.D. 2, Relating to Real Property

 

            I rise in support of Senate Bill 764, Senate Draft 2, House Draft 2, Relating to Real Property.  Small businesses and farms are an essential element in strengthening and diversifying Hawaii’s economy and creating jobs for our people and despite their contribution to Hawaii’s economy, small businesses and farms are at a disadvantage in terms of land ownership.  The commercial, industrial, and farm properties that exist within the state’s districts are primarily owned by a few landowners.  These landowners control large tracts of land and retain their ownership by means of leases to small businesses and farms, which in turn supply services and products for our community.

 

            The purpose of the first part of this bill is to stabilize Hawaii’s economy by addressing some of the burdensome or vague provisions of existing commercial and industrial leases of certain lands within urban districts by clarifying provisions in long-term commercial and industrial ground leases, without substantial reduction in the economic benefit to the landowners or impact on their ownership of the land, without impairing their lease contracts, and without the taking of any property rights without due process of law.

 

Senate Bill 764 explains that notwithstanding any other law to the contrary and unless expressly stated to the contrary in the lease, any lease of commercial or industrial leasehold property shall be subject to the following terms and conditions: 1) Whenever a lease existing on July 1, 2009, or entered into thereafter, provides for the renegotiation of the rental amount or other recompense during the term of the lease and the renegotiated rental amount or other recompense is based, according to the terms of the lease, in whole or in part on a fair and reasonable annual rent as of the commencement of the term, that provision shall: (A) Be construed to require that the rent shall be fair and reasonable to both the lessor and the lessee to the lease; and (B) Take into account any and all relevant attendant circumstances relating to the lease, including: (i) Past renegotiation practices and policies throughout the previously renegotiated lease rents; (ii) The uses and intensity of the use of the leased property during the term of  the lease approved by the lessor; (iii) The surface and subsurface characteristics of the leased property and the surrounding neighborhood of the leased property on the renegotiated date; and (iv) The gross income generated by the lessee on the renegotiated date.

 

In the second part of this bill, the purpose is to carry out the mandate of Article XI, section 3, of the Hawaii Constitution to conserve and protect agricultural lands and assure availability of agriculturally suitable lands.

 

The legislature finds that the land use law was enacted to “preserve and protect land best suited for . . . agricultural purposes and to facilitate sound and economical urban development” (Senate Standing Committee Report Number 580; 1961 Senate Journal).  Since that time, however, lands classified by the land study bureau as class A and class B lands, the lands most suited for intensive agricultural use, have declined from three hundred fifty-nine thousand six hundred ninety acres (Class A, one hundred twenty-five thousand one hundred sixty acres; class B, two hundred thirty-four thousand five hundred thirty acres) in 1960 to one hundred seventy-two thousand ninety-four acres (Class A, fifty-six thousand six hundred fifty-three acres; Class B, one hundred fifteen thousand four hundred forty-one acres) in 2007.  These agricultural lands are a resource that cannot be replaced once they are lost to development.

 

The inventory of lands that are suitable for agriculture is essentially fixed.  Unlike other agricultural inputs, agricultural lands cannot be manufactured when the demand for them increases.  In 1960, the land study bureau estimated that there were nearly three hundred sixty thousand acres of class A and B lands on the six major islands.  These were the lands upon which the State depended for profitable, competitive agricultural production.  By 2007, the inventory of class A and B lands had declined to slightly more than one hundred seventy-two thousand acres, making it more important than ever to conserve Hawaii’s most productive agricultural lands, especially in counties with a population of over five hundred thousand residents. 

           

Part two of this bill provides that whenever any agreement or document for the lease of private agricultural lands with soil classified by the land study bureau’s detailed land classification as overall (master) productivity rating class A or B for agricultural use in counties with populations of over five hundred thousand provides for the renegotiation of the rental amount and the term of the lease, and the lessee has made improvements or is seeking to make improvements on the land, the renegotiated term of the lease shall include an extension of the lease for a period of not less than seventy-five per cent of the original term of the lease.

 

            Further, the measure requires that for a boundary amendment for agricultural lands with soil classified by the land study bureau’s detailed land classification as overall (master) productivity rating class A or B, no amendment of a land use district boundary shall be approved in counties with a population of over five hundred thousand where: (1) A farming operation as defined in Hawaii Revised Statutes section 165-2 is being conducted on the land; (2) The land is important for agriculture based on the stock of similarly suited lands in the area; (3) The district boundary amendment will harm the productivity or viability of existing agricultural activity in the area; and (4) The district boundary amendment will cause fragmentation of or intrusion of nonagricultural uses into largely intact areas of agricultural lands with soil classified by the land study bureau’s detailed land classification as overall (master) productivity rating class A or B.  These requirements will help to protect some of our most valuable and productive agricultural lands.  Thank you.

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Seek the impossibility and make it possible!


Rep. Jon Riki Karamatsu speaking on his health information technology bill with Speaker Calvin K.Y. Say

Rep. Jon Riki Karamatsu speaking on his health information technology bill to the media with Speaker Calvin K.Y. Say in March 2009.

Life is exciting.  I look forward to the future.  Seek the impossibility and make it possible!

Pussycat Dolls ft. A. R. Rahman – Jai Ho (You are my Destiny) [Lead female singer is from Hawaii]

Rep. Jerry L. Chang, Rep. Jon Riki Karamatsu, Rep. Ken Ito, & Speaker Calvin K.Y. Say at Karamatsu's March 11, 2009 fundraiser at Bonsai Restaurant.

The Entourage: Rep. Jerry L. Chang, Rep. Jon Riki Karamatsu, Rep. Ken Ito, and Speaker Calvin K.Y. Say at Karamatsu's March 11, 2009 fundraiser at Bonsai Restaurant.

Rep. Clift Tsuji & Rep. Jon Riki Karamatsu at a House-Senate conference during the 2008 Legislative Session.

Rep. Clift Tsuji and Rep. Jon Riki Karamatsu at a House-Senate conference during the 2008 Legislative Session.

Rep. Jon Riki Karamatsu and Rep. Bob Nakasone at Karamatsu's 2006 fundraiser at St. Andrew's Priory School.

Rep. Jon Riki Karamatsu and Rep. Bob Nakasone at Karamatsu's 2006 fundraiser at St. Andrew's Priory School.

Sen. Carol Fukunaga and Rep. Jon Riki Karamatsu at Karamatsu's 2008 fundraiser at Bishop Museum.

Sen. Carol Fukunaga and Rep. Jon Riki Karamatsu at Karamatsu's 2008 fundraiser at Bishop Museum.

Rep. Jon Riki Karamatsu and former Sen. Nadao "Najo" Yoshinaga in April 2006.

Rep. Jon Riki Karamatsu and former Sen. Nadao "Najo" Yoshinaga in April 2006.

Rep. Jon Riki Karamatsu presiding over the House floor session as Vice Speaker of the House during the 2007 Legislative Session.

Rep. Jon Riki Karamatsu presiding over the House floor session as Vice Speaker of the House during the 2007 Legislative Session.

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Ganbatte! Do your best!


Rep. Jon Riki Karamatsu chairing a February 2008 Judiciary Committee Hearing.

Rep. Jon Riki Karamatsu chairing a February 2008 Judiciary Committee Hearing.

2009 has been very challenging thus far.  In the legislature, we have taken on some of the most challenging and difficult issues such as balancing the budget despite the economic crisis, civil unions, ceded lands, disputes on tort, private lessor and lessee disagreements, and amending the campaign finance laws to reflect court decisions.  I experienced threats by individuals, had disagreements with my colleagues, and witnessed disagreements between other individuals.  Everyone is trying their best for Hawaii. 

The biggest void in Hawaii politics is not having Rep. Bob Nakasone.  We could always go to him for advice.  Often times disputes would be aired out at his office at night.  Rep. Nakasone had a presence that made you feel good.  Politicians, lobbyists, bureaucrats, and friends who were close to him tell me how they miss him.  A number of people believe 2009 is one of the biggest years in Hawaii’s political history because of the type of issues we are taking on.  With big policy agendas, come big disputes and high emotions.  It is during those difficult decisions, especially late at night, I think of Rep. Nakasone wishing I could have one more talk.

With all the struggles and stress, I balance myself by exercising, praying to my loved ones who passed away, and listening to music.  Music really helps.  Live your life to the fullest.  Accomplish as much as you can now.  We may never have tomorrow.  That is the reason why I try so hard to achieve as much as I can now.  I am more aware of death and its quickness.  We must try to be faster than death.  Ganbatte!  Do your best!

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Monday, April 16, 2009


This past Monday, April 6, 2009, I woke up at 2:45 A.M. with pain in my chest.  It was tight, sore, and hot.  It went away after about 30 minutes.

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Fundraiser for Rep. Jon Riki Karamatsu


Fundraiser for Rep. Jon Riki Karamatsu

Thursday, April 16, 2009

5:30 P.M. to 7:30 P.M.

St. Andrew’s Priory School, Ylang Ylang Courtyard, 224 Queen Emma Square, Honolulu, Hawaii

Suggested Donation $25

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Chikara


My fish died.

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Rikki – “Suteki Da Ne”


Nice song.  A change of pace from all my bills and philosophies.  Enjoy.

Rikki – “Suteki Da Ne” English Lyrics

My heart was swimming
in words gathered by the wind.
My voice bounded
into a cloud-carried tomorrow.

My heart trembled
in the moon-swayed mirror.
Soft tears,
spilled with a stream of stars.

Isn’t it beautiful?
If we could walk, hand in hand,
I want to go
to your town, in your home, in your arms.

I dream of being
against your chest,
my body in your keeping
disappearing into the evening.

Words halted by wind are
a gentle illusion.
A tomorrow torn by clouds is
the voice of a distant place.

My heart that had been
in a moon-blurred mirror that flowed,
Those stars that trembled and spilled
cannot hide my tears.

Isn’t it beautiful?
If we could walk, hand in hand,
I want to go
to your town, your home, in your arms.

My dream of your face,
that I softly touch,
melts in the morning.

 

Rikki – “Suteki Da Ne” Japanese Lyrics

Kaze ga yoseta kotoba ni
oyoida kokoro
kumo ga hakobu ashita ni
hazunda koe.

Tsuki ga yureru kagami ni
furueta kokoro
hoshi ga nagare koboreta
yawarakai namida.

Suteki da ne
futari te wo tori aruketa nara
ikitai yo
kimi no machi ie ude no naka.

Sono mune
karada azuke
yoi ni magire
yumemiru.

Kaze wa tomari kotoba wa
yasashii maboroshi
kumo wa yabure ashita wa
tooku no koe.

Tsuki ga nijimu kagami wo
nagareta kokoro
hoshi ga yurete koboreta
kakusenai namida.

Suteki da ne
futari te wo tori aruketa nara
ikitai yo
kimi no machi ie ude no naka.

Sono kao
sotto furete
asa ni tokeru
yumemiru.

Suteki da ne
futari te wo tori aruketa nara
ikitai yo
kimi no machi ie ude no naka.

Sono mune
karada azuke
yoi ni magire
yumemiru.

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A song for those of you facing difficult challenges. Do your best to bring balance to yourself and the world.


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Rep. Jon Riki Karamatsu being interviewed by KITV4 television news in February 2009.

In my life, I have experienced a lot of challenges.  I have my faults and have made my share of mistakes.  Many people took advantage of me for their gain when I made my DUI mistake.  There are things I wish I did differently in my personal life.  I have seen a lot of anger and had numerous threats against me. 

There is good media and bad media.  The bad media has personalities that are rude, twist your words, and misstate the facts.  Even activists incorrectly spin policies that we are working on.  For example, we tried to fix the campaign finance laws on the limitation corporations can donate to noncandidate PACs because the court struck down the law, and Common Cause spins things in their own way to the media and on their websites.  We try to expand equality to all people and get threatened by those who say they live by compassion.  Within elected politics, there is power-tripping, jealousy, and the dilemna on what one feels is the right thing to do versus what will keep one elected. 

Among all this, I have lost some of my patience and compassion.  I have to do my best to bring back balance to myself and not get upset from all the negativity. 

This song is for everyone facing difficult challenges.  Do your best to bring balance to yourself and the world.  Take it to the next level!

Coldplay ft. Jay-Z – “Lost”

[Coldplay] “Lost” Lyrics

Just because I’m losing
Doesn’t mean I’m lost
Doesn’t mean I’ll stop
Doesn’t mean I’m across

Just because I’m hurting
Doesn’t mean I’m hurt
Doesn’t mean I didn’t get what I deserved
No better and no worse

I just got lost
Every river that I tried to cross
Every door I ever tried was locked
Oh and I’m just waiting ‘til the shine wears off

You might be a big fish
In a little pond
Doesn’t mean you’ve won
‘Cause along may come
A bigger one

And you’ll be lost
Every river that you tried to cross
Every gun you ever held went off
Oh and I’m just waiting until the firing stop
Oh and I’m just waiting ‘til the shine wears off

[Jay-Z]
Aha, I gotcha, uh…
With the same sword they knight you, they gon’ good night you with
S!@#, that’s only half if they like you
That ain’t even the half what they might do
Don’t believe me, ask Michael
See Martin, see Malcolm
See Biggie, see Pac, see success and its outcome
See Jesus, see Judas
See Caesar, see Brutus, see success is like suicide
Suicide, it’s a suicide
If you succeed, prepare to be crucified
Media meddles, n!@#$% sue you, you settle
Every step you take, they remind you you’re ghetto
So it’s tough being Bobby Brown
To be Bobby then, you have to be Bobby now
And the question is, “Is to have had and lost
Better than not having at all?”
Because I’m…

Oh and I, just waiting ‘til the shine wears off
Oh and I, just waiting ‘til the shine wears off

Just because I’m losing
Doesn’t mean I’m lost

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April 16, 2009 Fundraiser for Rep. Jon Riki Karamatsu


Fundraiser for Rep. Jon Riki Karamatsu

Thursday, April 16, 2009

5:30 P.M. to 7:30 P.M.

St. Andrew’s Priory School, Ylang Ylang Courtyard, 224 Queen Emma Square, Honolulu, Hawaii

 Suggested Donation: $25

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A Breath Away


On March 22, 2009, at 3:00 A.M. Sunday morning, I woke up having a difficult time breathing and felt nauseated.  I thought it was strange since I wasn’t sick.  I was thinking of calling my parents or 911.  Instead, I grabbed my two juzus and thought of my late grandparents.  My breathing was very thin with a slight weezing sound.  Then after about 10 minutes, I felt the air passage suddenly open up and everything became normal again as if nothing happened.  If it continued, I would have called for assistance.  I thought of death for a moment until I felt my breath again.  I wonder if it was stress or was it something else?

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50th Anniversary of Statehood Commemoration


Rep. Jon Riki Karamatsu & Former Senator Nadao "Najo" Yoshinaga

Rep. Jon Riki Karamatsu & Former Senator Nadao "Najo" Yoshinaga

50th Anniversary of Statehood Commemoration

Wednesday, March 18, 2009

12:00 Noon

State Capitol, House Chambers

 

Recognition and Introduction of Former Hawaii Senator Nadao “Najo” Yoshinaga

 

Senator Shan Tsutsui:

 

I have the great honor to be able to introduce to you today Senator Nadao Yoshinaga who also is widely known as Najo.  Senator Yoshinaga was elected into the House of Representatives of the Territory of Hawaii in the 1954 Democratic revolution.  In 1959, he was elected into the Senate of the State of Hawaii where he served until retiring in 1974.  Senator Yoshinaga was the chairman of the influential Senate Labor Committee and the Ways & Means Committee.

 

            During his career, he was responsible for landmark legislation such as the Pre-Paid Health Act, the Art in Public Places Act that established the State Foundation on Culture and the Arts, and the creation of the Hawaii State Commission on the Status of Women, among many others.  At this time, I would like to yield the floor to Representative Jon Riki Karamatsu.

 

Representative Jon Riki Karamatsu:

 

Senator Nadao Yoshinaga or as we like to call him, Senator Najo Yoshinaga, has mentored so many leaders in Hawaii, including many present today.  He has been my friend, advisor, and confidante ever since I met him when I worked for Senator Carol Fukunaga in 2002.  It is a dream come true for me to have a mentor who is a member of the 1954 Democratic revolution and the 442nd Regimental Combat Team.  I am very appreciative for all the knowledge he has shared with me and many others.

 

Senator Yoshinaga graduated from Maui High School and the University of Hawaii at Manoa where he attained his Bachelor of Arts degree.  He volunteered for the United States Army and served in the 442nd Regimental Combat Team.  After the war, Senator Yoshinaga decided to apply his GI Bill benefits to study law at DePaul University where he attained his Juris Doctorate degree.  He returned to work for the law firm of Bouslog and Symonds in Honolulu, and then in Maui, which was known for its defense of the ILWU or International Longshore and Warehouse Union.

 

Senator Yoshinaga’s pro-active and progressive vision, strength of conviction, organizational and strategic brilliance, helped to shape and inspire legislative, business, and community leaders long after his formal retirement.  He continues to encourage, advise, and inspire legislators and legislative staffs during his many visits to the Hawaii State Capitol.  Thus, even today, he is making an impact on Hawaii indirectly through his many protégés.  I like to leave you with a statement Senator Yoshinaga likes to say, “Make Hawaii the best place in the world.”   Senator Najo Yoshinaga, thank you for all you have done to make Hawaii the best place in the world.

Speaker Calvin K.Y. Say & Rep. Jon Riki Karamatsu

Speaker Calvin K.Y. Say & Rep. Jon Riki Karamatsu in front of the state seal that was in the governor's office at Iolani Palace before the current state capitol was built.

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Written Remarks into the House Journal: Stand. Comm. Rep. No. 981 & 982, House Resolution 26 and House Concurrent Resolution 24


Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 12, 2009; 27th Day

Stand. Comm. Rep. No. 981 & 982, House Resolution 26 and House Concurrent Resolution 24

I rise in support of House Resolution 26 and House Concurrent Resolution 24, which urges the United States Postal Service to issue postal stamps honoring the World War II Japanese-American Nisei soldiers, other distinguished military units in United States history, and Americans who fought against discrimination based on race or national origin.  I look up to the Nisei generation and how they faced discrimination.  Many proved their loyalty by serving in the United States military.  My uncle Roy Okubo served in the 522nd Artillery that was attached to the 442nd Regimental Combat Team.  My political mentor, former state senator Nadao “Najo” Yoshinaga also served in the 442nd Regimental Combat Team.   I have friends in the 100th Infantry Battalion, 442nd Regimental Combat Team, and the Military Intelligence Service.  Words cannot describe my gratitude for the ultimate sacrifice they have done for future generations such as mine.

In addition, I am inspired by the many individuals who were instrumental in enhancing race relations in the United States and who worked towards ending discrimination based on race or national origin.  They too, played a key role in making our country a better place.  This generation is considered by many, including me, as one of the greatest generations in the history of the United States.  I am forever grateful for all they have done.  It is because of them, I am inspired to continue my work to provide equality for all and bring peace to every individual in the world.

 

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Written Remarks into the House Journal: 3rd Reading, H.B. 128, H.D. 1, Relating to Elections


Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26th Day

3rd Reading, H.B. 128, H.D. 1, Relating to Elections

I rise in support of House Bill 128, House Draft 1, Relating to Elections.  In the 2008 primary election, the last minute decisions by candidates to run for offices caused the disqualification of one candidate.  The City & County of Honolulu Clerk ruled that the candidate did not formally withdraw from his state House race before filing for the City Council seat.  This bill will make the process better for individuals intending to run for elected office by requiring the state Office of Elections to create and make available a standard withdrawal and declaration of candidacy form and make nomination papers available only until the Friday preceding the filing deadline.  Thank you.

 

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Written Remarks into the House Journal: Stand Comm. Report No. 906, H.B. 1782, H.D. 2, Relating to Health


Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26th Day

Stand Comm. Report No. 906, H.B. 1782, H.D. 2, Relating to Health Information Exchange

I rise in support of House Bill 1782, House Draft 2, Relating to Health Information Exchange.  Mr. Speaker, we live in the digital age.  Technology has provided us with so many opportunities to better our knowledge, services that we provide, and even time management.   Likewise, technology has the ability to help us improve the quality and access to Hawaii’s healthcare.  By establishing a statewide health information technology system, we will be giving physicians tools such as immediate electronic access to patient medical records, which will allow them to read a patient’s full medical history, including medications, lab reports, and other relevant medical information that will ultimately lower the rate of medical errors and result in better patient care.

 

Both former President George W. Bush and President Barack Obama have publicly stated that every state needs to have a health information technology system by 2014.  The growing importance of health information technology is even evidenced in the 2004 creation of the Office of National Coordinator for Health Information Technology within the U.S. Department of Health and Human Services. 

 

Earlier this month President Obama appointed Vivek Kudra to be the Federal Chief Information Officer (CIO) for the United States of America.  Mr. Kundra was named by InfoWorld as one of the top 25 Chief Technology Officer (CTO) and was the 2008 Information Technology Executive of the Year.  In his role as the Federal CIO, Mr. Kundra hopes to change the federal government’s use of information technology by adopting consumer technology and ensuring that government data is open and accessible, while finding a balance of openness and accessibility with information security.

 

By establishing an Office of National Coordinator for Health Information Technology and a Federal CIO to take a role in the development and implementation of health information technology, the federal government is demonstrating their commitment to improving our country’s healthcare system.

 

Furthermore, the American Recovery and Reinvestment Act of 2009 appropriated $35 billion for information technology, $20 billion of which is dedicated to health information technology alone.  With the upcoming availability of the federal economic stimulus funds for health information technology, it would be in our best interest to take advantage of these funds to implement a program that the federal government has mandated us to be on within the next five years.

 

Because of the 2014 deadline and the availability of the federal economic stimulus monies for health information technology beginning in 2011, it is even more critical that we take action to implement a health information technology system now.  By taking action on this measure and moving health information technology forward, we will be able to take advantage of a ten to one federal dollar match.  There is no better time to do this.

 

The private sector has already begun to make strides in the field of health information technology.  But in order to take advantage of these federal funds they will need the collaborative partnership of the state.  Introduction of this bill has begun to bring the public and private sector stakeholders together to further the dialogue on this new area of partnership and the commitment from all parties is strong.

 

Health information technology is an essential component to quality healthcare.  Passage of this measure will be one of the most important actions that we as a legislature take this year because we will be making new strides in healthcare, creating new jobs, and bringing in new federal funds.

 

The private sector and the federal government have recognized the value in health information technology.  It is time that we do too.  Together, in a collaborative partnership with the federal government and the private sector we can make the bold step of modernizing our healthcare system.

 

I want to thank all of the involved state agencies and private sector partners for their enthusiasm and commitment to making health information a reality in Hawaii and for their continued partnership as this bill moves forward.  Thank you.

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Written Remarks into the House Journal: Stand Comm. Report No. 885, H.B. 617, H.D. 2, Relating to Mass Transit Route Economic Zones


Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26th Day

Stand Comm. Report No. 885, H.B. 617, H.D. 2, Relating to Mass Transit Route Economic Zones

 

I rise in support of House Bill 617, House Draft 2, Relating to Mass Transit Route Economic Zones.  This bill would create a task force to recommend parameters for the creation of mass transit route economic zones including eligibility, benefits, and incentives such as tax credits.  The task force shall report to legislature on their recommendation of the process to designate mass transit route economic zones and incentives to attract businesses and affordable housing to encourage ridership.  The policy goal is to make it very convenient for people who use mass transit to reside and do their errands, business, and social activities in the area of the mass transit stations.  With such an incentive, we can achieve a sufficient amount of mass transit ridership that will patronize businesses near the mass transit stations.  Thank you.

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Written Remarks into the House Journal: Stand Comm. Report No. 811, H.B. 625, H.D. 1, Relating to Surcharge for Indigent Legal Services


Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26th Day

Stand Comm. Report No. 811, H.B. 625, H.D. 1, Relating to Surcharge for Indigent Legal Services

 

            I rise in support of House Bill 625, House Draft 1, Relating to Surcharge for indigent Legal Services.  The legislature finds that in the 2007 Assessment of Civil Legal Needs and Barriers of Low- and Moderate-Income People of Hawai‘i, four out of five low- and moderate-income residents did not have their legal needs met and that legal service providers are only able to assist one in three who contact them for assistance.

 

The legislature also finds that to increase the delivery of legal service, more funding is necessary.  Additional funds could be generated by increasing the surcharge for indigent legal services, as recommended by the Access to Justice Hui in its Community Wide Action Plan:  Ten Steps to Increase Access to Justice in Hawai‘i by 2010.

 

The legislature further finds that the Hawaii Consortium of Legal Services Providers has been working diligently to strengthen and increase outreach and services to low-income residents, and that each unique legal service provider requires a certain minimum amount of funding to meet basic expenses necessary to operate the respective non-profit organization or program.  Therefore, the purpose of this bill is to change the allocation formula so that thirty per cent of all funds distributed shall be provided equally to all organizations or programs that meet the qualifications for receipt of the funds, in addition to a seventy per cent distribution of all funds pro rata under the current formula.  Thank you.

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Stand Comm. Report No. 723, H.B. 1784, H.D. 2, Relating to Medical Torts


Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26th Day

Stand Comm. Report No. 723, H.B. 1784, H.D. 2, Relating to Medical Torts

 

I rise in support of House Bill 1784, House Draft 2, Relating to Medical Torts.  Mr. Speaker, there has been a disturbing trend over the years as more and more doctors either leave the islands or retire, leaving our residents with inadequate access to healthcare, if at all.  Our neighbor island residents especially suffer the unfortunate consequences of our growing lack of physicians.  There are several factors contributing to this mass exodus of doctors, including a high cost of living, low reimbursement rates, and high medical malpractice insurance premiums.

House Bill 1784, House Draft 2 attempts to address one of the main reasons that doctors claim is forcing them to leave our state.  This tort reform proposal originally offered a $250,000 cap on noneconomic damages, with a $3 million cap for gross negligence cases.  However, after careful consideration of the concerns expressed by the medical community, legal community and patient advocates, the Judiciary Committee has amended this measure to better reflect a more balanced approach to addressing tort reform.  More specifically we removed the specific award amount for noneconomic damages, included a provision to exclude the cap on noneconomic damages in cases where the economic damages are less than $1.5 million, removed the sections on attorney fees, periodic payments, admissible evidence, and the $3 million cap in cases of gross negligence, clarified the language in the adverse notification section, and established a medical malpractice task force and a medical malpractice rate and awards cap commission in order to best determine and regularly maintain the most reasonable, yet realistic medical malpractice insurance premiums and noneconomic damage caps possible.

And while your committee recognized the importance that the physician profile section brings in encouraging consumer awareness and protection, we felt that it was best not to jeopardize passage of this measure because of a potential title problem that the profiling section posed, and therefore, with the prior consent of your Health Chair, chose to delete that section.

The measure before us today is a well-thought out compromise that attempts to address the concerns of all affected parties based on factual research and best practices from other states, while keeping in mind the unique situation of our island state.  This measure also strives to bring all the affected stakeholders together to develop realistic solutions to the impending medical crisis we are facing.  Medical tort reform is a very complex and emotional issue that has gone unaddressed for years.  It is time that we bring the affected stakeholders and experts together to have an open and candid discussion about the actual reasons that are forcing our doctors to leave and what we can do to keep them here.  Without that discussion we will never truly find the solutions we need, which is why the establishment of this task force is so important.

In short Mr. Speaker, your Judiciary Committee recognizes the sensitive divide on this issue, the need to bring the affected stakeholders together for an open and honest discussion, and that even though this is only one of many different components affecting our state’s healthcare system, the critical need to move this measure forward for further discussion.

This measure in its current draft provides us with the opportunity to continue the meaningful policy discussions regarding doctor recruitment and retention and therefore, I ask my colleagues to support this measure so that these discussions may continue on in the Senate.  Thank you.

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Written Remarks into the House Journal: Stand. Comm. Rep. No. 722 – H.B. 1593, H.D. 1, Relating to Real Property


Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26th Day

Stand. Comm. Rep. No. 722 – H.B. 1593, H.D. 1, Relating to Real Property.

 

            I rise in support of House Bill 1593, House Draft 1, Relating to Real Property.  Small businesses and farms are an essential element in strengthening and diversifying Hawaii’s economy and creating jobs for our people and despite their contribution to Hawaii’s economy, small businesses and farms are at a disadvantage in terms of land ownership.  The commercial, industrial, and farm properties that exist within the state’s districts are primarily owned by a few landowners.  These landowners control large tracts of land and retain their ownership by means of leases to small businesses and farms, which in turn supply services and products for our community.

 

The purpose of the first part of this bill is to stabilize Hawaii’s economy by addressing some of the burdensome or vague provisions of existing commercial and industrial leases of certain lands within urban districts by clarifying provisions in long-term commercial and industrial ground leases, without substantial reduction in the economic benefit to the landowners or impact on their ownership of the land, without impairing their lease contracts, and without the taking of any property rights without due process of law.  House Bill 1593, House Draft 1 states:

 

Notwithstanding any other law to the contrary and unless expressly stated to the contrary in the lease, any lease of commercial or industrial leasehold property shall be subject to the following terms and conditions: 

 

(1)  Whenever a lease existing on July 1, 2009, or entered into thereafter, provides for the renegotiation of the rental amount or other recompense during the term of the lease and the renegotiated rental amount or other recompense is based, according to the terms of the lease, in whole or in part on a fair and reasonable annual rent as of the commencement of the term, that provision shall:

(A)  Be construed to require that the rent shall be fair and reasonable to both the lessor and the lessee to the lease; and

(B)  Take into account any and all relevant attendant circumstances relating to the lease, including:

(i)  Past renegotiation practices and policies throughout the previously renegotiated lease rents;

(ii)  The uses and intensity of the use of the leased property during the term of    the lease approved by the lessor;

(iii) The surface and subsurface characteristics of the leased property and the   surrounding neighborhood of the leased property on the renegotiated date; and

                        (iv) The gross income generated by the lessee on the

renegotiated date; and

(2)  Unless otherwise specified in the lease, if the lessee has subtenants with subleases that provide for recovery by the lessee of ground lease rent, those subtenants shall be charged their pro rata share of the fair and reasonable annual rent as renegotiated pursuant to this section.

 

In the second part of this bill, the purpose is to carry out the mandate of Article XI, section 3, of the Hawaii Constitution to conserve and protect agricultural lands and assure availability of agriculturally suitable lands. 

 

The legislature finds that the land use law was enacted to “preserve and protect land best suited for . . . agricultural purposes and to facilitate sound and economical urban development” (Senate Standing Committee Report Number 580; 1961 Senate Journal).  Since that time, however, lands classified by the land study bureau as class A and class B lands, the lands most suited for intensive agricultural use, have declined from three hundred fifty-nine thousand six hundred ninety acres (Class A, one hundred twenty-five thousand one hundred sixty acres; class B, two hundred thirty-four thousand five hundred thirty acres) in 1960 to one hundred seventy-two thousand ninety-four acres (Class A, fifty-six thousand six hundred fifty-three acres; Class B, one hundred fifteen thousand four hundred forty-one acres) in 2007.  These agricultural lands are a resource that cannot be replaced once they are lost to development.

 

The inventory of lands that are suitable for agriculture is essentially fixed.  Unlike other agricultural inputs, agricultural lands cannot be manufactured when the demand for them increases.  In 1960, the land study bureau estimated that there were nearly three hundred sixty thousand acres of class A and B lands on the six major islands.  These were the lands upon which the State depended for profitable, competitive agricultural production.  By 2007, the inventory of class A and B lands had declined to slightly more than one hundred seventy-two thousand acres, making it more important than ever to conserve Hawaii’s most productive agricultural lands, especially in counties with a population of over five hundred thousand residents. 

 

Part two of this bill provides that whenever any agreement or document for the lease of private agricultural lands with soil classified by the land study bureau’s detailed land classification as overall (master) productivity rating class A or B for agricultural use in counties with populations of over five hundred thousand provides for the renegotiation of the rental amount and the term of the lease, and the lessee has made improvements or is seeking to make improvements on the land, the renegotiated term of the lease shall include an extension of the lease for a period of not less than seventy-five per cent of the original term of the lease.

 

Further, the measure requires that for a boundary amendment for agricultural lands with soil classified by the land study bureau’s detailed land classification as overall (master) productivity rating class A or B, no amendment of a land use district boundary shall be approved in counties with a population of over five hundred thousand where: (1) A farming operation as defined in Hawaii Revised Statutes section 165-2 is being conducted on the land; (2) The land is important for agriculture based on the stock of similarly suited lands in the area; (3) The district boundary amendment will harm the productivity or viability of existing agricultural activity in the area; and (4) The district boundary amendment will cause fragmentation of or intrusion of nonagricultural uses into largely intact areas of agricultural lands with soil classified by the land study bureau’s detailed land classification as overall (master) productivity rating class A or B.  These requirements will help to protect some of our most valuable and productive agricultural lands.  Thank you.

 

 

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Written Remarks into the House Journal: Stand. Comm. Rep. No. 708 – H.B. 1316, H.D. 2, Relating to Torts


Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26th Day

Stand. Comm. Rep. No. 708 – H.B. 1316, H.D. 2, Relating to Torts.

 

            I rise in support of House Bill 1316, House Draft 2, Relating to Torts.  In cases involving tort claims relating to the maintenance and design of public highways, design professionals and public utility companies are sometimes left with liability beyond their percentage of negligence because of our current joint and severability law.  This measure will help our local companies but still protect our public by abolishing joint and several liability for design professionals and public utilities in tort claims relating to the maintenance and design of public highways, except when a design professional’s or public utility’s degree of negligence is 25% or more.  Thank you.

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Written Remarks into the House Journal – Consent Calendar: Stand. Comm. Rep. No. 677, H.B. 1751, H.D. 1, Relating to Communications Fraud


Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26th Day

Stand. Comm. Rep. No. 677, H.B. 1751, H.D. 1, Relating to Communications Fraud.

            I rise in support of House Bill 1751, House Draft 1, Relating to Communications Fraud.  This bill updates existing statutes relating to cable television and telecommunications service fraud to address an expanding array of technology services offered by communication companies that include cable television and telecommunications, Internet-based, or wireless distribution networks.  It establishes the offense of communication service fraud in the first and second degrees, provides civil remedies, authorizes forfeiture, and establishes evidentiary presumption.  The purpose of the measure is to discourage theft of cable television and telecommunications service.  Thank you.

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Written Remarks into the House Journal – Consent Calendar: Stand. Comm. Rep. No. 674, H.B. 1512, H.D. 1, Relating to Temporary Restraining Orders


Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26th Day

Stand. Comm. Rep. No. 674, H.B. 1512, H.D. 1, Relating to Temporary Restraining Orders.

 

            I rise in support of House Bill 1512, House Draft 1, Relating to Temporary Restraining Orders.  A goal of mine is to play a small role in helping survivors of domestic violence.  There are cases where an individual has threatened to harm not just his partner, but his partner’s pet.  Unfortunately, pets get caught in the crossfire of an abusive relationship.  Therefore, House Bill 1512, House Draft 1 addresses this threat by authorizing the family court, when issuing a temporary restraining order, to award exclusive care of a pet animal or equine animal and enjoin the restrained party from having any contact with the animal.  Under the Hawaii Revised Statutes section 711-1100, “Pet animal” means a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption and “equine animal” means an animal of or belonging to the family Equidae, including horses, ponies, mules, donkeys, asses, burros, and zebras.  Thank you.

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Written Remarks into the House Journal – Consent Calendar: Stand. Comm. Rep. No. 829, H.B. 618, Relating to the Uniform Prudent Management of Institutional Funds Act.


Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26th Day

H.B. 618, Relating to the Uniform Prudent Management of Institutional Funds Act.

 

            I rise in support of House Bill 618, Relating to the Uniform Prudent Management of Institutional Funds Act.  This bill enacts the Uniform Prudent Management of Institutional Funds Act to replace and update the existing Uniform Management of Institutional Funds Act.  It provides guidance and authority to charitable organizations concerning the management and investment of funds held by those organizations.   In addition, the measure provides additional protections for charities and also protects the interests of donors.   It also modernizes rules governing expenditures from endowment funds.  Further, the bill gives institutions ability to cope more easily with fluctuations in the value of the endowment.   Finally, it updates provisions governing the release and modification of restrictions on charitable funds to permit more efficient management of these funds.  Thank you.

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Written Remarks into the House Journal – Consent Calendar: Stand. Comm. Rep. No. 821, H.B. 782, H.D. 1, Relating to the Uniform Mediation Act.


Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26th Day

Stand. Comm. Rep. No. 821, H.B. 782, H.D. 1, Relating to the Uniform Mediation Act

 

I rise in support of House Bill 782, House Draft 1 Relating to the Uniform Mediation Act.  This bill adopts the Uniform Mediation Act.  It provides certain rules for mediations and establishes a privilege that assures confidentiality of mediations in legal proceedings.  In addition, the measure protects integrity and knowing consent through provisions that provide exceptions to the privilege, limits disclosures by the mediator to judges and others who may rule on the case, requires mediators to disclose conflicts of interest, and assures that parties may bring a lawyer or other support person to the mediation session.  Thank you.

 

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Written Remarks into the House Journal – Consent Calendar: Stand. Comm. Rep. No. 820, H.B. 779, Relating to the Uniform Foreign Country Money Judgments Recognition Act.


Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26th Day

Stand. Comm. Rep. No. 820, H.B. 779, Relating to the Uniform Foreign Country Money Judgments Recognition Act.

            I rise in support of House Bill 779, Relating to the Uniform Foreign Country Money Judgments Recognition Act.  This bill enacts the Uniform Foreign Country Money Judgments Recognition Act and in so doing, replaces and updates similar law codified as chapter 658C, HRS.  It updates former law by, among other things, allocating burden of proof with respect to application of law, setting out procedure for obtaining recognition of foreign country money judgments, expanding grounds for denying recognition and allocating burden of proof to do so.  Finally, it establishes statute of limitations.  Thank you.

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Written Remarks into the House Journal – Consent Calendar: Stand. Comm. Rep. No. 819, H.B. 623, H.D. 1, Relating to State Identification.


Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26th Day

Stand. Comm. Rep. No. 819, H.B. 623, H.D. 1, Relating to State Identification.

 

I rise in support of House Bill 623, House Draft 1, Relating to State Identification.  State identification is vital for seniors, children, and other individuals who do not possess a driver’s license or other picture identification.  Currently, obtaining a state identification card (certificate of identification) is a lengthy process because processing and administration is conducted at a single location with limited hours of operation.  This leads to long lines and some individuals are turned away due to the daily demand.  There have been recent attempts to bring state identification personnel into the community, but only for specific dates and times.

 

Community members and organizations such as the Waipahu Neighborhood Board recognize that the City & County of Honolulu’s satellite city halls are convenient locations for state identification processing.  Satellite city halls provide services with extended hours, weekend availability, and convenient locations.

 

            The authority to process and issue state identification cards is vested in the attorney general.  The purpose of this bill is to allow the attorney general to contract with one or more counties to process and issue state identification cards at satellite city halls or other locations.  Thank you.

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March 11, 2009 Fundraiser for Jon Riki Karamatsu


Fundraiser for Jon Riki Karamatsu
Date: Wednesday, March 11, 2009
Time: 6:00 P.M. to 8:30 P.M.
Location: Bonsai Restaurant at Restaurant Row
500 Ala Moana Blvd.
Suggested Donation: $150

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