Legislature, Administrative Branch Should Work Together to Fix Bills with Technical Flaws-Open Letter to Senate President Colleen Hanabusa and House Speaker Calvin Say

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”’President Hanabusa and Speaker Say:”’

”’RE: An Open Letter Regarding the Stated Intent to Hold a Special Session for 2007”’

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I am writing in regard to reports that a one-day special session is planned for July 10, 2007 to override vetoes of measures designated for possible veto.

The bills that have been designated for potential veto have legal and technical flaws which may subject the State to litigation or negatively impact the public if enacted in their present form.

However, the Legislature has the power to convene a special session to correct these legal and technical flaws. I ask you to work collaboratively with my Administration in the public’s interest to convene the House and Senate in Special Session to make these corrections.

Let me cite several examples where I believe the Legislature can easily correct measures pending my veto. The bill that would allocate funds for a Creative Media Academy and MELE programs, SB 1922, contains a provision that the Attorney General has advised me appears to violate Section 5 of Article XI and Section 6 of Article X of the Hawaii State Constitution. This can be corrected by the Legislature by deleting the unconstitutional provision.

Several other measures have adverse fiscal implications for our State highway system. For example, the pedestrian safety bill, SB 1191, can be corrected by amending it to the Legislature

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