Ka‘ū News Briefs, Tuesday, December 17, 2019

SUPPORT FOR A LAWSUIT AGAINST GUT AND REPLACE practices in the state legislature was filed in an amicus by The Grassroot Institute of Hawaiʻi. Originally filed by the League of Women Voters of Honolulu and Common Cause, the lawsuit was rejected in Circuit Court earlier this year, but the two public interest groups have now applied to the Hawaiʻi Supreme Court to hear the case.
     A statement from The Grassroot Institute defines gut and replace: "When the Legislature takes a bill already approved in one chamber and, without public notice, guts its content and replaces it with completely different language, leaving only its title as bearing any relationship to the originally introduced version."
     Keliʻi Akina, Grassroot Institute of Hawaiʻi president, said, "This makes a mockery of the democratic process and undermines the people's faith in open, accountable government."
     The Grassroot Institute's filing of the amicus brief comes on the heels of a lawsuit initiated by attorney and former University of Hawaiʻiregent Jeff Portnoy. He alleges that "the passage of a law that changed the composition of the UH Board of Regents was unconstitutional because its contents didn't receive three readings in the House and Senate as required under the Hawaiʻi Constitution. The law as introduced was about distance-learning programs, but the language was gutted and replaced," says the statement from The Grassroot Institute.
     The amicus brief in support of the League of Women Voters and Common Cause lawsuit was filed by Grassroot Scholar Robert Thomas, a director with the law firm Damon Key Leong Kupchak Hastert, and managing attorney of the Pacific Legal Foundation's Hawaiʻi Center. It makes three main points:
     "First, we provide the context for the legal analysis — how 'We, the People of Hawaiʻi,' appear to have lost faith in our government, in part because of things like gut-and-replace.
     "Second, how two Hawaiʻi Supreme Court decisions set out the burden of proof and provide the roadmap the circuit court should have followed here.
     "Finally, how and why the plaintiffs should be allowed to prove their case on remand [and thus] urges this court to vacate the judgment and remand the case."
     Akina noted that, "The Hawaiʻi Legislature could end 'gut and replace' on its own, by passing rules that prevent substantial changes to a bill that has passed in one house. It could also require more specific titles for bills and ensure that the public gets the opportunity to weigh in on the substance of every bill considered. 

     Click here to read the full amicus brief.

WIND AND SURF ADVISORIES are in effect for east-facing portions of Kaʻū and the rest of the state through tomorrow morning at 6 a.m. The National Weather Service stated east winds 20 to 30 miles per hour, with gusts up to 50 mph, are expected for lower elevations, with the summits of Mauna Loa and Maunakea experiencing east winds of 20 to 35 mph, with gusts to 55 mph. The highest winds on Hawaiʻi Island will occur through passes and over ridges in locations which include areas near South Point, Saddle Road, Upolu Point, and the summits.

     NWS states the winds "will make driving difficult," and that motorists "should exercise caution while driving." The winds contributed to the partial rollover of a fuel tractor trailer in Kawaihae today.

     The High Surf Advisory includes expected surf heights of 5 to 8 feet along east facing shores. Expect strong breaking waves, shore break, and strong longshore and rip currents "making swimming difficult and dangerous," states NWS. Beachgoers, swimmers, and surfers "should heed all advice given by ocean safety officials and exercise caution." Boaters should expect recreational surfers and body boarders utilizing harbor channels to access surfing areas.

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Vote for the best decorated cottages at KMC through  the first day of 2020. Photo from KMC

CELEBRATE THE HOLIDAYS AT KĪLAUEA MILITARY CAMP, with voting for the best decorated cottages, a buffet on Christmas Day, and a New Year's Eve toast:

     Vote for the best cottage at KMC through Tuesday, Jan. 1. The public is invited to stroll along the sidewalks around the KMC Cottages where the staff has entered a contest for best Christmas decorations. The outdoor displays are best seen at night. KMC is located within Hawaiʻi Volcanoes National Park.

     KMC hosts a Christmas Day dinner buffet, 5 p.m. to 8 p.m., on Wednesday, Dec. 25 at Crater Rim Café. Main entrees will be Prime Rib, Roast Turkey, and Holiday Lamb Stew. $29.95/adult, $16.95/child for ages 6-11, five and under free. Open to authorized patrons and sponsored guests. Park entrance fees apply.

     The KMC New Year's Eve Party on Tuesday, Dec. 31 from 8 p.m. at the Lava Lounge will have live music from Blue Tattoo. The $10 cover charge includes a champagne toast at midnight. Open to authorized patrons and sponsored guests. Park entrance fees apply.

     Call 967-8356 or see kilaueamilitarycamp.com.