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    Joe Bob’s America: The FBI’s Sting

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    Is there some secret FBI training facility where they teach agents how to lurk on the Internet, impersonating 13-year-old girls? Hardly a day goes by that you don’t read about some 46-year-old insurance adjuster (they’re always in their 40s, and they’re always from the suburbs) getting busted for arranging a meeting with Tiffany the free-spirited eighth-grader, who turns out to be, alas, Walter the hatchet-faced special agent. When did this become a full-time al Qaida-level sting operation? There must be a boiler room somewhere in Virginia with dozens of agents all logging on to the “Lolitas 4 U” Web site and getting in touch with their Inner Barbie. (Question: why do they never impersonate adolescent BOYS?) Here’s what’s strange to me about the arrests, though. They’re almost always guys with no previous criminal record. I mean, it would be one thing if the agents were getting propositioned by hard-core child molesters with felony rap sheets. Instead, it’s usually some lonely guy who surfed in and thought he got lucky with a jailbait high school girl who turns out to be jail without the bait. The official federal charge is “using the Internet to entice sex from a minor.” (Yes, that’s a crime all by itself. It’s a modern version of the old “crossing state lines for immoral purposes.” The difference in this case is that the guy is crossing imaginary lines with the equivalent of a blow-up party doll.) But you have to ask yourself, after looking at the quality of these busts, whether the FBI might not be creating its own sex market here. I mean, I’m sure there’s ONE 13-year-old girl, somewhere, who’s trolling the net, searching for the 46-year-old married insurance adjuster of her dreams. Hopefully we’ll get her to therapy soon. But these guys who have this particular little-girl fetish must think they’ve stumbled into a paradise of sexual options normally not found outside Patpong Road in Bangkok. “What! Seven oversexed teenage girls right here in my own neighborhood! How high school has changed!” Meanwhile, all seven are FBI agents. So the guy chats for a while. Yeah, he loves Britney Spears. Yeah, he wants to hear all about how her social studies teacher is such a doofus. And then I would assume that the FBI agents are trained to throw in a few titillating enticements that fall just this side of entrapment. Stephanie talks about the sleepover pajama party with her girlfriends. Heather drops a line about how hot she thinks Tom Cruise is, because she likes older men. One foolproof technique is for Courtney to mention that she made the cheerleading squad. This could possibly avoid the sticky question of whether to send an e-mail photo or not — although they DO fake up photos. In one recent case, the girl sounded too good to be true, so the potential felon-on-the-hook wrote, “Are you a police officer or do you work for any law enforcement agency?” The FBI agent, Emily Vacher, flat out lied and said she wasn’t. (This would seem like a place where we ARE verging into entrapment.) Then the agent wrote: “they don’t let 9th graders in the CIA!!!!!” The guy eventually got busted, of course. Married, two children, government job, life ruined. All because the agent knew how to use those pubescent exclamation points. The other strange thing about all these busts is that the guys almost never go to trial. They all plead guilty. Since they say they’re guilty, I have to assume that they ARE guilty, but it raises the question of whether they plea out just to avoid having all their stupid late-night e-mail messages published in the newspaper, or having to register with the “Megan’s Law” authorities the rest of their lives. After all, it would take quite a bit of evidence to PROVE that someone intended to have sex with an imaginary girl. He would probably have to send a message saying, “I think you really are 14 years old and I want sex with you anyway.” I would be surprised if any of them were that forward, even if they had it on their minds. And then you get into the question of how the idea got into their minds in the first place. Was it placed there by the girl — who is, of course, NOT a girl? Look at it this way. In simpler times, the only guys arrested for POTENTIAL molestation were the ones who drove up to the schoolyard, opened the door of their car, and asked the little kids if they wanted candy. If the kid got in the car, they would usually be tried on kidnapping charges, not sex charges. In other words, they had to do some action that was, in and of itself, a crime against the child. So the real-life equivalent to these Internet stings would be having an FBI agent who could pass for 13 years old — and then arresting the guy as soon as he said, “Would you like some candy?” The problem is, this is not a crime. As far as I know, it’s not a crime simply to MEET with a 13-year-old, or to offer candy to a 13-year-old, or to plan a meeting with a 13-year-old, so the real life version wouldn’t hold up in court. The question in these Internet cases is: What is the actual criminal act? He’s talking to a cyber-fantasy person designed to catch him in the first place, and his imagination could be going in all kinds of directions, but we don’t really know what his intentions are unless he specifically says, “I want to take you to a motel room and have sex with you.” And even if he says that, there’s NO VICTIM. It’s a system set up to catch guys with way too much time on their hands. If you think about a bank robbery but never actually carry it out, should the full force of the law come down on you? One reason they probably never go to trial is that they figure that, even if they didn’t cross the line into soliciting sex with a minor — or, in this case, an imaginary minor — the jury is going to be loaded up with alarmed parents who will think, “Well, he must have been up to SOMETHING.” It would be tough to get up on the stand and say, “Well, I was researching a book on cheerleaders.” Even if he was honest and said, “Well, I kind of got carried away by my fantasies — it was one of those Internet deals,” it’s unlikely that a middle-class jury would sympathize with THOSE particular fantasies. In other words, he is going to be convicted because they’ll know he was thinking about it. But that’s the part that troubles me. Thinking about it is not doing it. Meeting with a girl is not going through with it. Even in prostitution stings, where you have a real live person involved, you have to do or say something indicating that you’re about to commit a criminal act IN THE IMMEDIATE FUTURE. And those guys generally get sent to hookers-are-bad re-education classes, even when they’re guilty. These Internet guys, on the other hand, never recover. They’re literally jailed for their thoughts. I believe there’s a word for that: Orwellian. They teach it in the eighth grade. ”Joe Bob Briggs writes a number of columns for UPI and may be contacted at joebob@upi.com or through his Web site at” https://www.joebobbriggs.com ”Snail mail: P.O. Box 2002, Dallas, Texas, 75221.” Copyright 2003 by United Press International. All rights reserved.

    Federal Tax Code Micro-manages Economy

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    The IRS Tax Code (26 USC) is used to micromanage the economy it uses a small tax base and burdens the middle class with the lions share of taxes.

    There is a proposal that will broaden the tax base to the maximum thereby allowing for a minimum tax rate.

    The average tax payer must work over four months to meet their tax obligation to the federal, state and local tax collectors. This proposal uses the concept of the Tobin Tax but expands it to include all transactions having a monetary value.

    It would raise revenues from those who have not been paying a fair share or no taxes at all such as Enron, WorldCom and a host of others who have sales and cash flows in the billions and use the legal loopholes in the Tax Code to escape any obligation.

    This concept will derive revenues from the top echelon and would raise enough revenues to eliminate all other tax systems with a Single Tax.

    This is the proposal on the URL https://www.taxmoney-notpeople.com

    ”’Paul R. Bottis Sr. is a resident of Worcester, MA and can be reached via email at:”’ mailto:pbottissr@aol.com

    Federal Tax Code Micro-manages Economy

    0

    The IRS Tax Code (26 USC) is used to micromanage the economy it uses a small tax base and burdens the middle class with the lions share of taxes. There is a proposal that will broaden the tax base to the maximum thereby allowing for a minimum tax rate. The average tax payer must work over four months to meet their tax obligation to the federal, state and local tax collectors. This proposal uses the concept of the Tobin Tax but expands it to include all transactions having a monetary value. It would raise revenues from those who have not been paying a fair share or no taxes at all such as Enron, WorldCom and a host of others who have sales and cash flows in the billions and use the legal loopholes in the Tax Code to escape any obligation. This concept will derive revenues from the top echelon and would raise enough revenues to eliminate all other tax systems with a Single Tax. This is the proposal on the URL https://www.taxmoney-notpeople.com ”Paul R. Bottis Sr. is a resident of Worcester, MA and can be reached via email at:” mailto:pbottissr@aol.com

    Political Tittle-tattle: News and Entertainment from Hawaii's Political Arena – Jan. 16, 2003-Duel Begins Opening Day of the Legislative Session Over Whether to Build a Light Rail or Rapid Transit System; Drug Test Legislators, Not Kids; Good Cop, Bad Cop Strategy Was Used on Lingle, Republicans; Opening Day Brought Out Usual Suspects, Festivities, Flowers; Governor Names Three New Appointees, Final for Her Cabinet; Battle Over Tax Increase Rages in City Council; Growing Djous; Hanging Out with MSNBC's Donahue

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    “Malia headshot Image”

    ”Duel Begins Opening Day of the Legislative Session Over Whether to Build a Light Rail or Rapid Transit System”

    While Sen. President Robert Bunda, D-North Shore, says it is time to dust off proposals for mass transit and light rail in Hawaii, Sen. Minority Leader Fred Hemmings, R-Kailua, says there is no reason to spend $1 billion on the city’s proposed Bus Rapid Transit System. Both received applause after making their statements during the Opening of the 22nd State Legislative Session.

    See the full text of their speeches at:
    *Sen. President Robert Bunda at “Remarks by the Senate President”
    *Sen. Minority Leader Fred Hemmings at “Remarks by Senate Minority Leader”

    It is becoming clear the issue of whether to build a rapid transit or light rail system in Hawaii will be a major focus this year in both the Honolulu City Council and the state Legislature. The project now proposed by the city will cost $1 billion to start and be subsidized for hundreds of millions of dollars annually there after for operations and maintenance. It will also demand lanes on already busy city and state streets be closed to allow the light rail to move freely throughout the city, while cars, trucks and city buses will use the remaining lane in each direction.

    “Cal Kawamoto Image”

    To fund the billion dollar plus proposal, Sen. Cal Kawamoto, D-Waipahu, yesterday proposed a 2 cent per gallon increase on Hawaii’s gasoline taxes, which are already the highest in the nation at 56 cents per gallon. Ironically, Kawamoto signed a pledge with the Americans for Tax Reform that says he will not introduce, support or vote for a tax increase. See: https://www.atr.org/pdffiles/state_wide_signers2003.pdf

    Supporters of rapid transit or light rail, which include many of Hawaii Democrat leaders, say the state needs to invest in such a system to alleviate traffic. What they don’t say is what the issue of building a rapid or light rail system is all about

    Political Tittle-tattle: News and Entertainment from Hawaii’s Political Arena – Jan. 16, 2003-Duel Begins Opening Day of the Legislative Session Over Whether to Build a Light Rail or Rapid Transit System; Drug Test Legislators, Not Kids; Good Cop, Bad Cop Strategy Was Used on Lingle, Republicans; Opening Day Brought Out Usual Suspects, Festivities, Flowers; Governor Names Three New Appointees, Final for Her Cabinet; Battle Over Tax Increase Rages in City Council; Growing Djous; Hanging Out with MSNBC’s Donahue

    0

    “Malia headshot Image”

    ”Duel Begins Opening Day of the Legislative Session Over Whether to Build a Light Rail or Rapid Transit System”

    While Sen. President Robert Bunda, D-North Shore, says it is time to dust off proposals for mass transit and light rail in Hawaii, Sen. Minority Leader Fred Hemmings, R-Kailua, says there is no reason to spend $1 billion on the city’s proposed Bus Rapid Transit System. Both received applause after making their statements during the Opening of the 22nd State Legislative Session.

    See the full text of their speeches at:
    *Sen. President Robert Bunda at “Remarks by the Senate President”
    *Sen. Minority Leader Fred Hemmings at “Remarks by Senate Minority Leader”

    It is becoming clear the issue of whether to build a rapid transit or light rail system in Hawaii will be a major focus this year in both the Honolulu City Council and the state Legislature. The project now proposed by the city will cost $1 billion to start and be subsidized for hundreds of millions of dollars annually there after for operations and maintenance. It will also demand lanes on already busy city and state streets be closed to allow the light rail to move freely throughout the city, while cars, trucks and city buses will use the remaining lane in each direction.

    “Cal Kawamoto Image”

    To fund the billion dollar plus proposal, Sen. Cal Kawamoto, D-Waipahu, yesterday proposed a 2 cent per gallon increase on Hawaii’s gasoline taxes, which are already the highest in the nation at 56 cents per gallon. Ironically, Kawamoto signed a pledge with the Americans for Tax Reform that says he will not introduce, support or vote for a tax increase. See: https://www.atr.org/pdffiles/state_wide_signers2003.pdf

    Supporters of rapid transit or light rail, which include many of Hawaii Democrat leaders, say the state needs to invest in such a system to alleviate traffic. What they don’t say is what the issue of building a rapid or light rail system is all about

    Governor Completes Cabinet-Here is How to Contact Them

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    Here is a list of Gov. Linda Lingle’s new cabinet, their departments and how to contact them.

    *”(DAGS) Department of Accounting and General Services”, (808) 586-0400, Comptroller Russ Saito, Deputy Comptroller Katherine Thomason

    *”(DOA) Board of Agriculture”, (808) 973-9551, Chair Sandra Lee Kunimoto

    *”(AG) Department of Attorney General”, (808) 586-1282, Attorney General Mark Bennett, First Deputy Attorney General Richard Bissen

    *”(B&F) Budget and Finance”, (808) 586-1518, Director Georgina Kawamura, Acting Deputy Director Stanley Shiraki

    *”(DBEDT) Dept. of Business, Economic Development and Tourism,” (808) 586-2355, Director Ted Liu

    *”(DCCA) Dept. of Commerce and Consumer Affairs,” (808)586-2850, Director Mark Recktenwald

    *”(DOD) Department of Defense,” (808) 733-4246, Adjutant General Robert Lee, Deputy Adjutant General Gary Ishikawa

    *”(DHHL) Dept. of Hawaiian Home Lands,” (808) 586-3800; Chair Micah Kane

    *”(DOH) Dept. of Health,” (808) 586-4410, Director Chiyome Fukino M.D., Deputy Director Jane Kadohiro, P.H., A.P.R.N., C.D.E.

    *”(DHRD) Dept. of Human Resources Development,” (808) 587-1100, Director Kathleen Watanabe

    *”(DHS) Dept. of Human Services,” (808) 586-4997, Director Lillian B. Koller

    *”(DLIR) Dept. of Labor & Industrial Relations,” (808) 586-8844, Chair Nelson Befitel

    *”(DLNR) Dept. of Land & Natural Resources” (808) 587-0400, Chair Peter Young

    *”(DPS) Dept. of Public Safety,” (808) 587-1288, Interim Director James Propotnick

    *”(DOTAX) Dept. of Taxation,” (808) 587-1510, Deputy Director Kurt Kawafuchi

    *”(DOT) Dept. of Transportation,” (808) 587-2150, Director Rod Haraga

    *”State

    House Minority Caucus Unveils Its Legislative Package – Helping Hawaii's People

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    The House Minority Caucus joined the Senate Minority Caucus at a press conference earlier this week, and unveiled its package for the 22nd Legislative Session.

    ”Helping Create Jobs”

    ”1. Repeal of excise tax on medical care and products”

    *a. Amends tax law allowing exemption to certain medical providers (not for profit long-term care entities for the most part), expands scope to other providers (doctors & dentists, for profit entities).
    *b. Amends tax law to allow exemption for sale, lease or rental of medical equipment.

    ”2. Exemption of Medicare/Medicaid from general excise tax liability”

    *a. Exempts gross proceeds arising from payments by U.S. government or agency thereof for provision of medical and other health care services to Medicare beneficiaries from general excise tax liability.
    *b. Exempts gross proceeds arising from payments for provision of medical and other health services and goods to Medicaid providers pursuant to Medicaid provisions in federal law.

    ”3. Prepaid Health Care Act

    House Minority Caucus Unveils Its Legislative Package – Helping Hawaii’s People

    0

    The House Minority Caucus joined the Senate Minority Caucus at a press conference earlier this week, and unveiled its package for the 22nd Legislative Session.

    ”Helping Create Jobs”

    ”1. Repeal of excise tax on medical care and products”

    *a. Amends tax law allowing exemption to certain medical providers (not for profit long-term care entities for the most part), expands scope to other providers (doctors & dentists, for profit entities).
    *b. Amends tax law to allow exemption for sale, lease or rental of medical equipment.

    ”2. Exemption of Medicare/Medicaid from general excise tax liability”

    *a. Exempts gross proceeds arising from payments by U.S. government or agency thereof for provision of medical and other health care services to Medicare beneficiaries from general excise tax liability.
    *b. Exempts gross proceeds arising from payments for provision of medical and other health services and goods to Medicaid providers pursuant to Medicaid provisions in federal law.

    ”3. Prepaid Health Care Act

    Remarks by the Senate President-Opening of Hawaii's 22nd Legislature

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    “Robert Bunda Image”

    Gov. Lingle, Lt. Governor and Mrs. Aiona, Chief Justice Moon, Mayor Harris, Mayor Kim, Mayor Arakawa, Mayor Baptiste, Congressman Abercrombie, Congressman Case, Former Governor and Mrs. Ariyoshi, Mrs. Waihee, Admiral Doran, Lt. General Polk, Major General Lowe, Colonel Anderson, esteemed colleagues, honored guests, ladies and gentlemen:

    Aloha and welcome to the beginning of the 2003 Legislative Session.

    We convene the 22nd Hawaii State Legislature in an environment that is unfamiliar to us. We have a new chief executive, Gov. Lingle, an entirely new cabinet, and, I expect, ambitious new goals and priorities for the administration. We in the Senate look forward to working with the governor and her administration in serving the people of Hawaii and in building a stronger, more prosperous community.

    We face uncertainties presented by a struggling national economy and the potential impact of open military conflict on the global front. Meanwhile, it seems we’re facing the same fiscal realities that have dogged us for so long.

    Although our current economic condition may look bleak, I believe that it’s really an opportunity to restructure the way government does business and to restore public confidence in our institutions, or, as some like to call it, a new beginning.

    This means that we must be bold, that we shouldn’t be afraid to offer proposals that may seem too daring or far-reaching. We mustn’t hesitate to share ideas, to suggest the seemingly impossible, to resurrect discarded notions, or to seek new ways of doing what we’ve always done. I would argue that it’s our obligation as legislators to do so, and I know the Senate, with the decisive leadership of our committee chairs, will be at the forefront of these efforts.

    The biggest and most immediate hurdle we face this session is, of course, balancing the state budget. The previous governor submitted a budget that called for taking most of the money in the Hurricane Relief Fund, despite the Senate’s consistent and solid opposition to that plan.

    We in the Senate are fully aware that we must find creative ways to cut spending and increase revenues to make up the multi-million-dollar shortfall. With the leadership of Ways and Means Chair Brian Taniguchi, the collective experience of veteran legislators, and the fresh ideas of new Senators, I believe we’ll find a way. And we’ll do so without sacrificing vital public services or reneging on our past promises.

    Clearly, our economic problems are largely the result of forces beyond our shores. We will not find a solution to our own budget woes by spending cuts and fiscal maneuvering alone. But we have an opportunity to make changes to stimulate business growth and private sector job creation if we are willing to look beyond the traditional, beyond the tried-and-true.

    For example, the Legislature’s unprecedented offer of tax credits for hotel construction and renovation was vetoed by the governor last year. The Legislature agreed that tax credits can provide significant economic stimulation and this year we’ll have an opportunity to submit them to a governor who has publicly expressed her support for such incentives.

    It is also imperative that we grow our economy from its roots. We must bolster our support for agriculture, a sizable industry that has often been dismissed out-of-hand by skeptics. Agriculture is a $500-million contributor to Hawaii’s economy and employs 12,000 people. It keeps our land open and green, thereby supporting tourism and the preservation of our natural resources. It also provides the security of a local food supply in the event of shipping interruptions or an escalation in the price of imported produce.

    The Legislature has been vigorous in supporting the agricultural industry. During the past two years, we have appropriated nearly $26 million for infrastructure, mostly for improvements to irrigation systems across the state. The Senate Committee on Water, Land, and Agriculture, under the direction of Chair Lorraine Inouye, will be exploring ways to take agriculture to a new level.

    To do this, we must resolve water disputes. We must encourage the large landowners, including the State, to put agricultural land into long-term production, and conversely, discourage leaving productive land fallow. We must develop local and overseas markets for our commodities. More aggressive, broader marketing initiatives could give our farmers the muscle they need to find new markets for their products.

    We also have an opportunity to further bolster the sports industry. The thousands of runners who come to Hawaii for the Honolulu Marathon, the out-of-state fans who come for the NFL Pro Bowl, and the countless thousands who participate in dozens of events throughout the year represent a significant boost to our visitor industry.

    Tourism Chair Donna Mercado Kim, Minority Leader Fred Hemmings, and I recently visited Invesco Field in Denver. We saw how a public-private partnership can develop a successful, world-class sports center. We returned with ideas on how we can adopt a similar plan to replace our aging Aloha Stadium so it can accommodate larger, more profitable events.

    As with other industries, government must provide the investment in infrastructure that, in turn, supports growth. Our airports and harbors are vital links to the global economy and must be regarded as the major investment opportunities they really are.

    We must ensure that our harbors are capable of accommodating Hawaii’s growing cruise ship industry. And that will require upgrades to piers and facilities. We’ll count on the vision of Transportation Chair Cal Kawamoto for his support.

    In this same vein, as a commuter from Wahiawa who finds endless frustration in our traffic gridlock, I believe it’s time we dusted off our plans for a light-rail, mass transit system. It could link central points on Oahu with the City’s proposed plans for urban Honolulu. Not only will mass transit speed the movement of people and ease traffic, but it will create construction jobs, develop new business centers at key terminals, and provoke us into rethinking the way we live and work, much like the people of great cities around the world.

    Senator Inouye and Congressman Abercrombie have both expressed their willingness to go to bat for us in securing the money to underwrite such a system, and those of us in the Legislature must be willing to revisit this proposal to break the gridlock of indecision. If we fail, we will surely choke on the mounting traffic problems of a growing population.

    Up to this point, my emphasis has been on the economy, because I believe we desperately need the economic growth that will underwrite the public services that sustain our quality of life. In keeping with that theme, we must also have the political will to tackle the very serious drug problem that is infecting our society.

    We can consider any number of ideas. But let us give law enforcement officials the tools and resources they need to win the war against drugs and drug pushers. They have recommended a secure, long-term treatment facility for drug offenders. This is an idea we should definitely consider.

    We can also help school administrators and teachers tackle the drug problems of their students, before they pass the point of no return. New Orleans, for example, is attempting to combat drug abuse by screening, detection, and subsequent treatment during the formative and vulnerable adolescent years using mandatory drug testing. We can introduce a pilot drug-testing program for students, with appropriate and consistent solutions and penalties to show that we mean business. We need to take steps to protect our children in the schools and punish those who try to corrupt them or, even worse, cost them their very lives.

    We should bring the provisions of Chapter 19, the Department of Education’s disciplinary code, in line with the State’s penal code, to give consistency to school discipline. We should also enable educators to be made aware of the criminal histories of their students, information that is now denied them because of statutory restrictions. There are many more ways to make our schools and neighborhoods safer, but I offer these in the hope that others will bring their own suggestions to the table.

    While many of our economic and social problems persist, changes in the composition of the House and Senate and in the Executive Chambers should bring about new opportunities for us to collaborate on finding solutions to the concerns we all share, concerns that rise above party or creed. The people of Hawaii deserve no less.

    In my opening day address two years ago, I urged this body to welcome the opportunity for change. I am not a prophet but the words I spoke then seem even more appropriate today. Our real decision as legislators, I said, is whether we spend time resisting change, or do we embrace new ideas and make them our own tools for building a better Hawaii. Last year, I advocated better control of the budget process and cited the need to regain command over special funds in particular. This year, we have a governor who has promised to do this very thing as part of a new beginning. I say great. Let’s do it. I intend to advocate a true spirit of cooperation and collaboration. But we do not intend to sacrifice common sense solutions in our quest for consensus.

    The Legislature and the community as a whole have traditionally relied on consensus for making our decisions. While this method succeeds in resolving many problems, the absence of consensus and decisive leadership can sometimes stymie progress.

    Business and government leaders knew 40 years ago that the sugar and pineapple industries were dying. They couldn’t reach agreement on what they should do, so the agricultural industry lost the momentum and collective power it has never regained. Over the years, we have completed nearly 150 studies on various mass transit systems but have not been able to reach consensus on a single choice. It is our duty as legislators, as public officials, to act decisively, thereby demonstrating true leadership as well as a passionate and firm belief in our ability to revitalize our economy.

    In closing, let me say this. Gov. Lingle, the members of the Senate make this pledge to you and your new administration: We promise open and honest communication. But we are not without our own agenda for change. We are not blind to the needs of the people who elected us. And we are not without a will of our own to set a record of achievement that is responsive to the will of the people.

    This Senate, all twenty and five of us, stands ready to work hand in hand with the House and with the new administration, to effect the highest level of positive change for all the people of Hawaii.

    Aloha and mahalo.

    Remarks by the Senate President-Opening of Hawaii’s 22nd Legislature

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    “Robert Bunda Image”

    Gov. Lingle, Lt. Governor and Mrs. Aiona, Chief Justice Moon, Mayor Harris, Mayor Kim, Mayor Arakawa, Mayor Baptiste, Congressman Abercrombie, Congressman Case, Former Governor and Mrs. Ariyoshi, Mrs. Waihee, Admiral Doran, Lt. General Polk, Major General Lowe, Colonel Anderson, esteemed colleagues, honored guests, ladies and gentlemen:

    Aloha and welcome to the beginning of the 2003 Legislative Session.

    We convene the 22nd Hawaii State Legislature in an environment that is unfamiliar to us. We have a new chief executive, Gov. Lingle, an entirely new cabinet, and, I expect, ambitious new goals and priorities for the administration. We in the Senate look forward to working with the governor and her administration in serving the people of Hawaii and in building a stronger, more prosperous community.

    We face uncertainties presented by a struggling national economy and the potential impact of open military conflict on the global front. Meanwhile, it seems we’re facing the same fiscal realities that have dogged us for so long.

    Although our current economic condition may look bleak, I believe that it’s really an opportunity to restructure the way government does business and to restore public confidence in our institutions, or, as some like to call it, a new beginning.

    This means that we must be bold, that we shouldn’t be afraid to offer proposals that may seem too daring or far-reaching. We mustn’t hesitate to share ideas, to suggest the seemingly impossible, to resurrect discarded notions, or to seek new ways of doing what we’ve always done. I would argue that it’s our obligation as legislators to do so, and I know the Senate, with the decisive leadership of our committee chairs, will be at the forefront of these efforts.

    The biggest and most immediate hurdle we face this session is, of course, balancing the state budget. The previous governor submitted a budget that called for taking most of the money in the Hurricane Relief Fund, despite the Senate’s consistent and solid opposition to that plan.

    We in the Senate are fully aware that we must find creative ways to cut spending and increase revenues to make up the multi-million-dollar shortfall. With the leadership of Ways and Means Chair Brian Taniguchi, the collective experience of veteran legislators, and the fresh ideas of new Senators, I believe we’ll find a way. And we’ll do so without sacrificing vital public services or reneging on our past promises.

    Clearly, our economic problems are largely the result of forces beyond our shores. We will not find a solution to our own budget woes by spending cuts and fiscal maneuvering alone. But we have an opportunity to make changes to stimulate business growth and private sector job creation if we are willing to look beyond the traditional, beyond the tried-and-true.

    For example, the Legislature’s unprecedented offer of tax credits for hotel construction and renovation was vetoed by the governor last year. The Legislature agreed that tax credits can provide significant economic stimulation and this year we’ll have an opportunity to submit them to a governor who has publicly expressed her support for such incentives.

    It is also imperative that we grow our economy from its roots. We must bolster our support for agriculture, a sizable industry that has often been dismissed out-of-hand by skeptics. Agriculture is a $500-million contributor to Hawaii’s economy and employs 12,000 people. It keeps our land open and green, thereby supporting tourism and the preservation of our natural resources. It also provides the security of a local food supply in the event of shipping interruptions or an escalation in the price of imported produce.

    The Legislature has been vigorous in supporting the agricultural industry. During the past two years, we have appropriated nearly $26 million for infrastructure, mostly for improvements to irrigation systems across the state. The Senate Committee on Water, Land, and Agriculture, under the direction of Chair Lorraine Inouye, will be exploring ways to take agriculture to a new level.

    To do this, we must resolve water disputes. We must encourage the large landowners, including the State, to put agricultural land into long-term production, and conversely, discourage leaving productive land fallow. We must develop local and overseas markets for our commodities. More aggressive, broader marketing initiatives could give our farmers the muscle they need to find new markets for their products.

    We also have an opportunity to further bolster the sports industry. The thousands of runners who come to Hawaii for the Honolulu Marathon, the out-of-state fans who come for the NFL Pro Bowl, and the countless thousands who participate in dozens of events throughout the year represent a significant boost to our visitor industry.

    Tourism Chair Donna Mercado Kim, Minority Leader Fred Hemmings, and I recently visited Invesco Field in Denver. We saw how a public-private partnership can develop a successful, world-class sports center. We returned with ideas on how we can adopt a similar plan to replace our aging Aloha Stadium so it can accommodate larger, more profitable events.

    As with other industries, government must provide the investment in infrastructure that, in turn, supports growth. Our airports and harbors are vital links to the global economy and must be regarded as the major investment opportunities they really are.

    We must ensure that our harbors are capable of accommodating Hawaii’s growing cruise ship industry. And that will require upgrades to piers and facilities. We’ll count on the vision of Transportation Chair Cal Kawamoto for his support.

    In this same vein, as a commuter from Wahiawa who finds endless frustration in our traffic gridlock, I believe it’s time we dusted off our plans for a light-rail, mass transit system. It could link central points on Oahu with the City’s proposed plans for urban Honolulu. Not only will mass transit speed the movement of people and ease traffic, but it will create construction jobs, develop new business centers at key terminals, and provoke us into rethinking the way we live and work, much like the people of great cities around the world.

    Senator Inouye and Congressman Abercrombie have both expressed their willingness to go to bat for us in securing the money to underwrite such a system, and those of us in the Legislature must be willing to revisit this proposal to break the gridlock of indecision. If we fail, we will surely choke on the mounting traffic problems of a growing population.

    Up to this point, my emphasis has been on the economy, because I believe we desperately need the economic growth that will underwrite the public services that sustain our quality of life. In keeping with that theme, we must also have the political will to tackle the very serious drug problem that is infecting our society.

    We can consider any number of ideas. But let us give law enforcement officials the tools and resources they need to win the war against drugs and drug pushers. They have recommended a secure, long-term treatment facility for drug offenders. This is an idea we should definitely consider.

    We can also help school administrators and teachers tackle the drug problems of their students, before they pass the point of no return. New Orleans, for example, is attempting to combat drug abuse by screening, detection, and subsequent treatment during the formative and vulnerable adolescent years using mandatory drug testing. We can introduce a pilot drug-testing program for students, with appropriate and consistent solutions and penalties to show that we mean business. We need to take steps to protect our children in the schools and punish those who try to corrupt them or, even worse, cost them their very lives.

    We should bring the provisions of Chapter 19, the Department of Education’s disciplinary code, in line with the State’s penal code, to give consistency to school discipline. We should also enable educators to be made aware of the criminal histories of their students, information that is now denied them because of statutory restrictions. There are many more ways to make our schools and neighborhoods safer, but I offer these in the hope that others will bring their own suggestions to the table.

    While many of our economic and social problems persist, changes in the composition of the House and Senate and in the Executive Chambers should bring about new opportunities for us to collaborate on finding solutions to the concerns we all share, concerns that rise above party or creed. The people of Hawaii deserve no less.

    In my opening day address two years ago, I urged this body to welcome the opportunity for change. I am not a prophet but the words I spoke then seem even more appropriate today. Our real decision as legislators, I said, is whether we spend time resisting change, or do we embrace new ideas and make them our own tools for building a better Hawaii. Last year, I advocated better control of the budget process and cited the need to regain command over special funds in particular. This year, we have a governor who has promised to do this very thing as part of a new beginning. I say great. Let’s do it. I intend to advocate a true spirit of cooperation and collaboration. But we do not intend to sacrifice common sense solutions in our quest for consensus.

    The Legislature and the community as a whole have traditionally relied on consensus for making our decisions. While this method succeeds in resolving many problems, the absence of consensus and decisive leadership can sometimes stymie progress.

    Business and government leaders knew 40 years ago that the sugar and pineapple industries were dying. They couldn’t reach agreement on what they should do, so the agricultural industry lost the momentum and collective power it has never regained. Over the years, we have completed nearly 150 studies on various mass transit systems but have not been able to reach consensus on a single choice. It is our duty as legislators, as public officials, to act decisively, thereby demonstrating true leadership as well as a passionate and firm belief in our ability to revitalize our economy.

    In closing, let me say this. Gov. Lingle, the members of the Senate make this pledge to you and your new administration: We promise open and honest communication. But we are not without our own agenda for change. We are not blind to the needs of the people who elected us. And we are not without a will of our own to set a record of achievement that is responsive to the will of the people.

    This Senate, all twenty and five of us, stands ready to work hand in hand with the House and with the new administration, to effect the highest level of positive change for all the people of Hawaii.

    Aloha and mahalo.