Two proposed state constitutional amendments are up for a vote on the general election ballot Nov. 6 — one temporarily exempting judges from age 70 retirement, and the other seeking to make it easier to repair high-risk agricultural reservoirs and dams.
Dam and reservoir owners would be allowed to obtain some support from the state to finance repairs through special purpose revenue bonds, under one of the proposals.
Supporters of the amendment say the special purpose revenue bonds would help the owners get financing for the projects. The owners would be responsible for paying the debt.
Other entities that already are designated to use special purpose revenue bonds include utilities, industrial enterprises, health care facilities and certain agricultural enterprises.
Lawmakers of both chambers would be required to review each special purpose revenue bond authorization, with approval requiring a two-thirds’ vote.
The proposed amendment follows a 2010 report to the state Legislature calling for improvements and looking at 113 high-risk agricultural reservoirs, in light of the Ka Loko Dam catastrophe on Kauai that killed seven people on March 14, 2006.
More than 80 percent of the dams were built before 1940 to support sugar cane plantations, according to the state Department of Land and Natural Resources.
"Dams are a critical part of our state infrastructure, providing benefits upon which our communities and industries depend," department Director William Aila said.
Farmers and ranchers fear that without more financial incentives, owners may choose to shut down dams and reservoirs — which has already happened in certain areas.
"We believe that with the assistance of these special purpose revenue bonds, dams and reservoirs can continue to serve as a valuable water resource for Hawaii’s agricultural industry and its communities," said Paul Oshiro, a spokesman for Alexander & Baldwin Inc.
The report said that if the 113 reservoirs were dismantled, some $242 million worth of crops couldn’t be planted because of the lack of water.
THE SECOND proposed amendment would change a constitutional provision that now requires state judges to retire at age 70.
The proposed amendment would allow the state chief justice to select Hawaii judges age 70 and older for three-month appointments and to a level no higher than the position they reached before retirement.
The chief justice has been appointing judges younger than 70 to temporary positions when vacancies arise and until they are permanently filled.
State Sen. Rosalyn Baker (D, West Maui-South Maui), who introduced the proposal, said allowing the temporary appointments would give the chief justice more flexibility to draw from a larger pool of judges.
She said the temporary appointments could be used to pick experienced and "vital" judges to deal with a backlog of cases, for example, in drug and foreclosure cases, rather than per diem judges with less experience.
"When they reach age 70 they are often very vital and vibrant. … It’s such an arbitrary age," she said. "It’s just another pool to help our court system be more efficient and utilize the talents of people."
State Public Defender John "Jack" Tonaki said the proposed amendment is "too vague" as to when appointments could be made.
"It’s not clearly spelled out," he said.
In 2006, voters rejected a proposed amendment that would have repealed the age 70 retirement rule. The amendment did not include a provision limiting appointments to three months.
ON THE BALLOT
Here are the two proposed state constitutional amendments voters will be asked to consider on the general election ballot:
QUESTION NO. 1
“Shall the state be authorized to issue special purpose revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners to make their facilities compliant with current safety standards?”
QUESTION NO. 2
“Shall the chief justice of the state Supreme Court appoint judges who have retired upon attaining the age of 70 years as emeritus judges, permitting the appointed judges to serve as temporary judges in courts no higher than the court level they reached prior to retirement and for terms not to exceed three months per each appointment?” |