JON RIKI KARAMATSU

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.

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”.

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.”

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.

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.

Representative Jon Riki Karamatsu

Final Reading

May 5, 2009 (59^th 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.

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.

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.

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.

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.

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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal

April 14, 2009; 46^th 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.

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]

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!

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.

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

My fish died.

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

Rikki – “Suteki Da Ne” English Lyrics

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.

 

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

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

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?

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 442^nd 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 442^nd 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 in front of the state seal that was in the governor's office at Iolani Palace before the current state capitol was built.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 12, 2009; 27^th 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 522^nd Artillery that was attached to the 442^nd Regimental Combat Team.  My political mentor, former state senator Nadao “Najo” Yoshinaga also served in the 442^nd Regimental Combat Team.   I have friends in the 100^th Infantry Battalion, 442^nd 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.

 

Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26^th Day

3^rd 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.

 

Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26^th 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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26^th 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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26^th 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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26^th 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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26^th 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.

 

 

Representative Jon Riki Karamatsu

Written Remarks into the House Journal

March 10, 2009; 26^th 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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26^th 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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26^th 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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26^th 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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26^th 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.

 

Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26^th 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.

Representative Jon Riki Karamatsu

Written Remarks into the House Journal – Consent Calendar

March 10, 2009; 26^th 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.

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

On Friday, February 20, 2009, I did a moment of silence for the late Rep. Bob Nakasone.

 

Rep. Jon Riki Karamatsu

2009 Bills

 

House Bill 612

RELATING TO LAND USE COMMISSION.

Land Use Commission; Important Agricultural Lands

Prevents lands designated important agricultural lands from being reclassified to another classification if the primary use of the land is agriculture, the owner or lessee is a farmer, and the gross proceeds from the agricultural activities on the land exceed $1,000,000.

WLO/AGR

 

HB613

RELATING TO ELECTIONS.

Elections; Withdrawal and Declaration of Candidacy

Requires the office of elections to develop a standard withdrawal and declaration of candidacy form by 01/01/2010. Requires a candidate to file the standard form to withdraw as a candidate prior to the subsequent filing of nomination papers for any other elective office.

JUD

 

HB614

RELATING TO ELECTIONS.

Elections; Nomination Papers

Makes nomination papers available until twenty-four hours prior to the deadline for filing nomination papers.

JUD

 

HB615

RELATING TO HARASSMENT.

Harassment

Provides that harassment includes all digital communications.

JUD

 

HB615, HD1

RELATING TO HARASSMENT.

Harassment

Provides that harassment includes all forms of electronic communications. (HB615 HD1)

Senate: EDT, JGO

 

HB616

RELATING TO THE HAWAII EXPORT CENTER.

Hawaii Export Center; Shipping; Small Businesses

Establishes Hawaii export center within department of business, economic development, and tourism located within the Kalaeloa community development district to manage sharing of shipping containers for multiple small Hawaii export businesses who lack sufficient quantities of product to completely fill one standard shipping container at any one time.

EBM, FIN

 

 

HB617

RELATING TO MASS TRANSIT ECONOMIC ZONES.

Mass Transit Route Economic Zone Task Force

Creates a task force to recommend parameters for the creation of mass transit route economic zones including eligibility and benefits and incentives such as tax credits.  Report to legislature, including process to designate economic zones and incentives to attract businesses and affordable housing to encourage ridership.  Task force terminates on 06/30/10.

TRN, EBM, FIN

 

HB 617, HD1

RELATING TO MASS TRANSIT ROUTE ECONOMIC ZONES.

Mass Transit Route Economic Zone Task Force

Creates a task force to recommend parameters for the creation of mass transit route economic zones including eligibility and benefits and incentives such as tax credits. Report to legislature, including process to designate economic zones and incentives to attract businesses and affordable housing to encourage ridership. Task force terminates on 06/30/10. (HB617 HD1)

TRN, EBM, FIN

 

HB618

RELATING TO THE UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT.

Uniform Prudent Management of Institutional Funds Act

Enacts Uniform Prudent Management of Institutional Funds Act to replace and update existing Uniform Management of Institutional Funds Act. Provides guidance and authority to charitable organizations concerning the management and investment of funds held by those organizations. Provides additional protections for charities and also protects the interests of donors. Modernizes rules governing expenditures from endowment funds. Gives institutions ability to cope more easily with fluctuations in the value of the endowment. Updates provisions governing the release and modification of restrictions on charitable funds to permit more efficient management of these funds.

CPC, FIN

 

HB619

RELATING TO PUBLIC UTILITIES.

Public Utilities; Renewable Energy Zones

Directs the public utilities commission to prepare a study on the creation of renewable energy zones and report its findings to the legislature.

CPC, EEP, FIN

 

HB620

relating to sentencing.

Sex Offenders; Sentencing

Authorizes the court at sentencing to require a person with three or more convictions of sexual assault in the first degree to wear a global positioning system transmitter for up to 10 years after the person’s release from prison.

JUD, FIN

 

HB620 HD1

RELATING TO SENTENCING.

Sex Offenders; Sentencing

Authorizes the court at sentencing to require a person with three or more convictions of sexual assault in the first degree to wear a global positioning system transmitter for up to 10 years after the person’s release from prison. Classifies as a class C felony the removal or disabling of the transmitter. (HB620 HD1)

JUD, FIN

 

HB621

PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION TO CLARIFY RETIREMENT REQUIREMENTS FOR JUSTICES AND JUDGES IN STATE COURTS.

Constitutional Amendment; Judges; Completion of Terms

Proposes a constitutional amendment to allow justices and judges who attain the age of 70 during their term of office to complete their term prior to retirement.

JUD, FIN

 

HB622

RELATING TO HARASSMENT.

Harassment by Stalking; Digital Communication

Adds digital communication as a form of nonconsensual contact in the offense of harassment by stalking.

JUD

 

HB622 HD1

RELATING TO HARASSMENT.

Harassment by Stalking; Electronic Communication

Adds electronic communication as a form of nonconsensual contact in the offense of harassment by stalking. (HB622 HD1)

Senate: EDT, JGO

 

HB623

relating to state identification.

State Identification; Counties

Allows the attorney general to contract with counties for processing and issuing state identification cards.

JUD, FIN

 

HB623 HD1

RELATING TO STATE IDENTIFICATION.

State Identification; Counties

Allows the attorney general to contract with counties to process and issue state identification cards. (HB623 HD1)

JUD, FIN

 

HB624

RELATING TO PUBLIC ACCOMMODATIONS.

Public Accommodations; Discrimination

Specifies state-operated schools, libraries, community colleges, and universities as examples of facilities that are places of public accommodation subject to anti-discriminatory prohibitions.

HED/EDN, JUD

 

HB625

RELATING TO SURCHARGE FOR INDIGENT LEGAL SERVICES.

Surcharge for Indigent Legal Services

Increases the initial filing fee for civil actions.

JUD, FIN

KARAMATSU (BR)

 

HB626

RELATING TO ETHICS.

County Ethics Committees; Civil Fines; Appeal Proceedings

Conforms county ethics procedures for civil fines with state ethics commission procedures by allowing appeals of civil fines directly to a court and authorizing counties to adopt an ordinance to allow a county ethics commission to issue civil fines without first requesting correction or ceasing of violation.

JUD, FIN

KARAMATSU (BR)

 

HB774

RELATING TO THE JUDICIARY.

Judiciary; Supreme Court; Rules

Clarifies the supreme court’s rule making authority.

JUD

(Gut and Replace Bill)

 

HB775

RELATING TO GOVERNMENT.

Government; Jury Service

Clarifies the law with respect to jury service.

JUD

(Gut and Replace Bill)

 

HB776

RELATING TO CRIMES.

Crimes; Assault

Clarifies the law with respect to assault against a law enforcement officer.

JUD

(Gut and Replace Bill)

 

HB777

RELATING TO ELECTIONS.

Elections; Campaign Treasurer

Clarifies the law with respect to campaign treasurers.

JUD

(Gut and Replace Bill)

 

HB778

RELATING TO ATTORNEYS.

Attorneys; Attorney General; Private Practice

Clarifies the law with respect to attorneys in the Attorney General’s Office.

JUD

(Gut and Replace Bill)

 

HB779

RELATING TO THE UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT.

Uniform Foreign Country Money Judgments Recognition Act

Enacts Uniform Foreign Country Money Judgments Recognition Act and in so doing, replaces and updates similar law codified as chapter 658C, HRS. 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. Establishes statute of limitations.

JUD, FIN

 

HB780

RELATING TO TORTS.

Joint and Several Liability; Design Professionals

Abolishes joint and several liability for design professionals except when the design professional’s degree of negligence is 25% or more.

EBM, JUD

 

HB781

RELATING TO THE OFFICE OF INTERNATIONAL RELATIONS.

Peace Mission Committee; Office of International Relations

Establishes a peace mission committee within the office of international affairs to plan and implement peace missions to other nations and organizations. Appropriates funds.

TCI, FIN

 

HB782

RELATING TO THE UNIFORM MEDIATION ACT.

Uniform Mediation Act

Adopts the Uniform Mediation Act.  Provides certain rules for mediations.  Establishes a privilege that assures confidentiality of mediations in legal proceedings.  Protects integrity and knowing consent through provisions that provide exceptions to the privilege, limit 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.

JUD, FIN

 

HB782 HD1

RELATING TO THE UNIFORM MEDIATION ACT.

Uniform Mediation Act

Adopts the Uniform Mediation Act. Provides certain rules for mediations. Establishes a privilege that assures confidentiality of mediations in legal proceedings. Protects integrity and knowing consent through provisions that provide exceptions to the privilege, limit 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. (HB782 HD1)

JUD, FIN

 

HB1314

RELATING TO CAPITAL IMPROVEMENT PROJECTS FOR THE BENEFIT OF THE FORTY-FIRST REPRESENTATIVE DISTRICT.

CIP; 41st Representative District

Authorizes capital improvement projects for the 41st representative district.

FIN

 

HB1315

RELATING TO PEACE DAY.

Peace Day; Peace Mission Committee

Establishes a peace mission committee to plan, develop, and implement a peace mission in 2017 in honor of the tenth annual Peace Day.

TCI, FIN

 

HB1316

RELATING TO TORTS.

Joint and Several Liability; Design Professionals

Abolishes joint and several liability for design professionals except when design professional’s degree of negligence is 25% or more.

CPC, JUD

 

HB1316 HD1

RELATING TO TORTS.

Joint and Several Liability; Design Professionals

Abolishes joint and several liability for design professionals in tort claims relating to the maintenance and design of public highways, except when the design professional’s degree of negligence is 25% or more. Effective 01/01/2020. (HB1316 HD1)

CPC, JUD

 

HB1317

RELATING TO RURAL PHYSICIANS TAX CREDIT.

Tax Credit; Physicians; Rural Areas

Provides a tax credit on a sliding scale for amounts paid for medical malpractice insurance premiums by physicians that move to, and practice medicine in, rural areas.

HLT, FIN

 

HB1317 HD1

RELATING TO RURAL PHYSICIANS TAX CREDIT.

Tax Credit; Physicians; Rural Areas

Provides a tax credit on a sliding scale for amounts paid for medical malpractice insurance premiums by physicians that move to, and practice medicine in, rural areas. (HB1317 HD1)

HLT, FIN

 

HB1511

RELATING TO THE PRIMARY HEALTH CARE INCENTIVE PROGRAM.

Primary Health Care Incentive Program

Amends the primary health care incentive program to include the development and maintenance of a list of doctors, their specialties, and locations in which they are willing to help serve.

HLT, FIN

 

HB1512

RELATING TO TEMPORARY RESTRAINING ORDERS.

Temporary Restraining Order; Pet Animals

Authorizes family court, when issuing a temporary restraining order, to award exclusive care of a pet animal and enjoin the restrained party from having any contact with the pet animal.

JUD

 

HB1513

RELATING TO OFFENSES AGAINST PUBLIC ORDER.

Cruelty to Animals; Possession of Gaff

Prohibits possession of gaff designed to be attached to gamecock or other fighting fowl.

JUD

KARAMATSU (BR)

 

HB1514

RELATING TO MEDICAL TORTS.

Medical Torts; Damages

Places a ceiling on non-economic damages in medical torts involving neurologists and neurosurgeons.

HLT, JUD             

 

HB1514 HD1

RELATING TO MEDICAL TORTS.

Medical Torts; Damages; Notification of Patients; Physician Profiles; Task Force

Places a ceiling on non-economic damages in medical torts involving neurologists and neurosurgeons and reduces insurance premiums for malpractice liability coverage. Requires a health care provider to disclose to patients adverse events relating to their medical treatment. Requires the Hawaii medical board to collect and publish information about physicians licensed in the state to allow consumers to make informed decisions in selecting physicians. Establishes a medical malpractice damages task force to provide support in implementing the provisions of this Act. (HB1514 HD1)

HLT, JUD

 

HB1782

RELATING TO HEALTH INFORMATION EXCHANGE.

Health Information Exchange

Creates an office of state coordinator of health information exchange within the department of health and creates a health information exchange program.  Makes appropriations.

HLT, FIN

 

HB1782 HD1

RELATING TO HEALTH INFORMATION EXCHANGE.

Health Information Exchange

Creates an office of state coordinator of health information exchange within the department of health and creates a health information exchange program. Makes appropriations. Effective Date of July 1, 2020. (HB1782 HD1)

HLT, FIN

 

HB1783

RELATING TO THE MEDICAL CLAIM CONCILIATION PANEL.

Medical Claim Compensation Panel

Amends provisions relating to the medical claim compensation panel by establishing a health court. Increases the number of panel members and amends the manner in which they are appointed.

HLT, JUD, FIN

 

HB1784

relating to Medical Torts.

Medical Tort Claims; Noneconomic Damages

Limits the amount awarded for non-economic damages in medical tort cases to $750,000 aggregate and $250,000 per physician, healthcare provider, healthcare facility, and any other involved parties.  Sets the award limit for non-economic damages in cases of gross negligence at $3,000,000.

HLT, JUD

 

HB1784 HD1

RELATING TO MEDICAL TORTS.

Medical Tort Claims; Noneconomic Damages

Limits the amount awarded for non-economic damages in medical tort cases to $250,000 per physician specialist. Sets the award limit for non-economic damages in cases of gross negligence at $3,000,000. Requires a health care provider to disclose to patients adverse events relating to their medical treatment. Requires the Hawaii medical board to collect and publish information about physicians licensed in the state to allow consumers to make informed decisions in selecting physicians. (HB1784 HD1)

HLT, JUD

 

HB1785

RELATING TO MEDICAL MALPRACTICE CLAIMS.

Task Force; Medical Malpractice

Establishes a medical malpractice damages task force to develop a strategic plan to address the high costs of medical malpractice insurance rates and make recommendations on damage award ranges and guidelines for medical malpractice claims.

HLT, CPC/JUD, FIN

 

HB1786

RELATING TO GAMING.

Gaming; One County; One Casino; Nonresident Adults; Deposit Taxes & Fees into General Fund

Allows casino gaming at 1 location on a 5-year license in a county having a population of more than 500,000 admitting only persons over 21, nonresidents, or who have round-trip tickets for travel to a final destination outside Hawaii. Creates a gaming commission and imposes a 7% tax on the casino’s monthly gross receipts and an annual $250 fee on each gaming device for deposit into the general fund except % and % for administrative costs and administering a problem gamblers program.

TCI, JUD, FIN

 

HB1556

RELATING TO THE JUDICIARY.

Judiciary

Short form bill relating to the judiciary.

JUD

SAY, KARAMATSU

 

HB1557

RELATING TO CRIME.

Crime

Short form bill relating to crime.

JUD

SAY, KARAMATSU

 

HB1558

RELATING TO GOVERNMENT.

Government

Short form bill relating to government.

JUD

SAY, KARAMATSU

 

HB1559

RELATING TO ELECTIONS.

Elections

Short form bill relating to elections.

JUD

SAY, KARAMATSU

 

HB1560

RELATING TO ATTORNEYS.

Attorneys

Short form bill relating to attorneys.

JUD

SAY, KARAMATSU

 

HB1561

RELATING TO REAL ESTATE BROKERS AND SALESPERSONS.

Real Estate Licenses

Specifies that acting as a real estate broker and salesperson pursuant to a real estate license does not constitute the practice of law.

CPC, JUD

SAY, KARAMATSU

 

HB1751

RELATING TO COMMUNICATIONS FRAUD.

Communication Service; Fraud

Establishes the offense of communication service fraud in the first and second degrees. Provides civil remedies. Authorizes forfeiture. Establishes evidentiary presumption. Adds definitions.

JUD

SAY, KARAMATSU

 

 

 

 

Rep. Jon Riki Karamatsu

House Floor Speech

House Bill 444, House Draft 1

Relating to Civil Unions

February 12, 2009

 

I rise in support.

 

Since our existence, we as a human race have been very judgmental of others, especially a minority sector of people because of their sex, color of skin, ethnicity, religious beliefs, culture, behavior, and lifestyle.  It is the majority of the people that decides what is acceptable for society, and often times the minority of the people get the short end of the stick.

 

Our great state and country has come so far in regards to equality and compassion.  In the past, we had laws that discriminated against every type of minority I mentioned.  We have done so much to correct our wrongful acts by changing our laws to be inclusive rather than exclusive.

 

However, we still have much work to do in creating equality for all in our great state and country.  In regards to the same-sex community, our laws do not extend the same rights to them as we do for the heterosexual community.  We as a society want people to take care of each other.  Civil unions would allow same-sex couples to have the same rights as heterosexual couples without having to change our marriage laws.  Keep in mind that we are not only allowing rights, but requiring responsibility on all couples.  There are legal liabilities if couples do not care for each other.  Too often, we hear of cheating, domestic violence, sexual abuse, fighting over money and property, and partnering because of financial greed.  When partnerships are dissolved, properties are divided, and custody and visitation rights of children are decided.  The real threat to marriage or civil unions if this measure passes, is ourselves.

 

Again, this bill does not change the marriage laws, instead it grants the same legal rights and responsibilities available for married couples to same sex couples.

 

We as a society must have love and compassion, rather than anger, hate, and discrimination.  This civil unions bill will help to unify our state and country even further.  Let us try to eliminate or at least minimize our judgments on what we see physically before us.  We are judging are fellow family, friends, and neighbors because they have a minority lifestyle.  Let us look at this issue not only legally, but esoterically.  Body is nothing more than emptiness and emptiness is nothing more than body.  Rather than just looking at what is before us, let us look deeper and see the souls of others.  One’s soul can radiate love and compassion, or it can radiate hate and discrimination.  Instead of judging others, we need to look within our own soul and better ourselves.  Let us spread love and compassion and provide equality for all.  Thank you.

 

 

Rep.  Jon Riki Karamatsu

House Floor Written Remarks

February 12, 2009

House Bill 622, House Draft 1

Relating to Harassment by Stalking

 

I rise in support.

 

            The purpose of this measure is to update Hawaii’s harassment by stalking law to keep up with technology 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 stalking others through the Internet, which is not just accessible through computers, but now through our cellular phones.  Harassment by stalking can cause annoyance, mental distress, and fear for one’s safety.  It is our goal to reduce harassment done in person or through technology.  Thank you.

Rep.  Jon Riki Karamatsu

House Floor Written Remarks

February 12, 2009

House Bill 615, House Draft 1

Relating to Harassment

 

I rise in support.

 

            The purpose of this measure is to update Hawaii’s harassment law to keep up with technology 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 others through the Internet, which is not just accessible through computers, but now through our cellular phones.  Harassment can cause annoyance, mental distress, and fear for one’s safety.  It is our goal to reduce harassment done in person or through technology.  Thank you.

The Difficult Duality of Buddhism and Bushido

Some of my entries includes a lot of Buddhism and Bushido (samurai) philosophy.  I have to have some fun with my job or I will burn myself out like many others.  In order to understand what I am saying, one has to practice it.  Many of the 442nd Regimental Combat Team and 100th Infantry Battalion are good examples of the duality of compassion and the samurai spirit.  It is difficult because one is trying to become a Buddha by reaching enlightenment by attaining ultimate compassion and understanding the meaning of life and one’s existence.  However, when people draw swords on you, it is difficult to attain such a high goal.  Bushido is the way of the samurai where one faces his enemies with battle yet shows respect to them. Battles with enemies brings out emotions that is contrary to “compassion,” therefore, there is a conflict in attaining enlightenment.  Bodhisattvas are individuals that are striving for Buddhahood, but their human weaknesses have prevented them from attaining it.  To be clear, all Buddhas and Bodhisattvas are everyday people like us, not gods or angels.  One Bodhisattva, Jizo said that after he dies, he would go to the lower six realms to help and save souls who are sufferring so that they can go up to a higher spiritual realm.  He sacrificed attaining Buddhahood to help the suffering souls.  Another named Achala said after he dies, he would try to help living souls in the physical world who are going down the wrong path and try to get them back on the right path.  He finds it challenging to help the most stubborn, angry, or depressed people.  He wards off evil, which brings out a lot of emotions, and because of this, he also sacrificed attaining Buddhahood so that he can help others attain a happy life.  Basically, you can help others to be happy, even if it means sacrificing your own ultimate happiness.

Buddhism, Taoism, Shintoism, Hawaiian Religion, and Bushido

My foundation is Buddhism.  It has taught me how to practice controlling your mind and soul to become more compassionate.  It also taught me to communicate with your ancestors and teachers of compassion through prayer and esoteric meditation.  Zen meditation is a very powerful practice to relax your body, mind, and soul by clearing all your thoughts and emotions.

Through, Taoism, I have learned to bring balance in my life.  Practices such as Feng Shui has helped me at a psychological level in achieving this.

Shintoism and the Hawaiian religion has taught me that everything has a soul, therefore, we must respect everything around us.

Bushido has taught me to be aware of death at all times.  Since death could happen anytime, we must live life to the fullest.  It also taught me to be careful of my actions becuase it could cost me an unnecessary fight or an untimely death, thus, stress and conflict can be avoided.

I am extremely focused on attaining a thousandfold more strength through positivity.

In my life, I have met so many wonderful, caring, and compassionate people.  On the other hand, I have met a lot of angry, jealous, and mean people.  You can put your anger and blame on me.  I rather take your negative energy, instead of you placing it on the many positive people in our world.

Today I attended the funeral for my uncle Walter Watanabe.  My last words to my uncle was when he was at the hospital.  He served in the U.S. Army soon after World War II started, worked for the City & County of Honolulu, enjoyed golf, and raised two children with my aunty (my late grandma Sakai’s younger sister).  He was very kind and a great role model.  I will miss him.

Thursday, January 29, 2009

Doctor Recruitment and Retention Action Plan 2009

Yesterday morning, I woke up from a dream I had about my sister Lara (6 1/2 years younger than me) and she appeared to be between 5 and 7 years old.  In the dream, I was hanging out with her.  At the ending of the dream, my mom and I dropped her off at school.  We were a distance away from the classroom, and we looked and saw her outside of the classroom waving goodbye.

When I was in high school up until my first year in college, I had three recurring dreams.  In the first dream, I am running in pitch black darkness from something chasing me.  In my second dream, I looked back and saw a big shadow chasing me and it was much closer.  In my third and final dream of the series, I tripped and fell, and a giant warrior placed a spear against my throat.  At times, I feel like “death” is like the warrior that was chasing me in my dream.  I have to do all I can now, just in case tomorrow comes sooner than I want.

I am constantly thinking, analyzing, and strategizing on how to better our society or how to resolve some of our most controversial issues.  Every night I can’t sleep until late because of all the thoughts that are racing through my mind.  Instead of avoiding the most difficult issues, I face it head on.

Our world is filled with people that have love and compassion, however, there are many who are full of hate and discrimination.  People are constantly judging others.  We must try to eliminate or at least minimize our shallow judgments on what we see physically before us.  Body is emptiness and emptiness is body.  We need to look deeper and see or feel the soul.  The soul can radiate love and compassion, or it can radiate hate and discrimination.  Instead of judging others, we need to look within our own soul and better ourselves.  Are we radiating love and compassion or hate and discrimination?