In addition to picking from an assortment of local, state and national candidates on the Nov. 8 ballot, Big Island voters will help decide three ballot questions — two to amend the state constitution and one to amend the Hawaii
In addition to picking from an assortment of local, state and national candidates on the Nov. 8 ballot, Big Island voters will help decide three ballot questions — two to amend the state constitution and one to amend the Hawaii County charter.
The ballot language for local and state initiatives was finalized Aug. 25.
Probably of most interest is a proposed amendment to the state constitution to allow two new uses for budget surpluses: prepayment of bond debt and prepayment of employee pensions and post-retirement benefits.
Until 2010, the constitution required state government to give refunds when there was a 5 percent or more budget surplus for two consecutive years. After a 2010 constitutional amendment passed, the state could chose between the refunds and depositing the money in special “rainy day,” or budget reserve accounts. Five percent of the current budget is about a $250 million surplus.
Gov. David Ige last week announced the state had a record $1 billion left over for the fiscal year that ended June 30, a savings he attributes to agency budget-cutting and better-than-expected revenue. Ige wasn’t ready to say whether that will translate to a tax refund, though.
“We continue to look at that and we’ll be working with the Legislature to develop the financial plan,” Ige told KHON2 TV News when asked about refunds. “We’ll be looking at it. We’ll be working and looking at all the needs of our communities. We still have significant obligations.”
The state Legislature will decide where the money will be spent.
But Wesley Machida, director of the state Department of Budget and Finance, has concerns with expanding the allowed uses for what is known as “excess revenues.”
“We believe that expanding options for relief from excess revenues to include pre-payment of general obligation debt service, pension or other post-employment benefit liabilities would dilute and diminish the effect of Article VII, Section 6,” Machida said in Feb. 11 testimony to the Legislature.
The second proposed constitutional amendment will raise the value in dispute in a civil lawsuit in order to get a jury trial from $5,000 to $10,000. Proponents say it will lessen the burden on circuit courts for matters not involving large sums of money.
It also will improve access to justice because bench trials at district courts cost less and dispose of matters more quickly.
State Farm Insurance opposes the measure because the right to a jury trial is a fundamental right, representative Rick Tsujimura told the Legislature in Jan. 30 testimony.
“Our system of justice is based on the notion that the ordinary people that make up a jury are best able to hear the evidence and come to a reasonable decision based on their everyday experiences,” Tsujimura said. “This is no less true in cases where the amount in controversy is less than $5,000.”
The third ballot amendment is a county charter amendment relating to the county General Plan. Proposed by Kohala Councilwoman Margaret Wille, the amendment would expand the scope of the General Plan, which governs all development on the island.
The plan currently sets policy for “the long-range comprehensive physical development of the county.”
New language would add long-range policy for matters related to the economic, environmental and socio-cultural well-being of the county and expand matters promoted by the General Plan to include the health of the people of the county.
“These words may seem very theoretical,” said Wille, “but they are important.”
Email Nancy Cook Lauer at ncook-lauer@westhawaiitoday.com.
