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Talking Story with Senator Mike Gabbard

West Oahu Islander
March 15, 2007

Aloha. I hope you and your family are in good health. Here’s a sampling of what’s going on at the Legislature:

Homeowner Protection Bill Passes Senate
Picture yourself and your family in the following scenario: In 2006, Dr. Michael Rainiero, a homeowner in Jainesville, Wisconsin, awoke one evening to find an intruder in his hallway. Rainiero asked the intruder to leave several times, but the intruder refused. Rainiero then went back into his bedroom and grabbed a pistol. He was shaking out of fear and yelled once more asking the intruder to leave.

The intruder refused, so Rainiero shot the man. The intruder was charged with burglary and felony criminal damage and is in prison for other crimes he committed. But this didn't stop the intruder from filing suit and claiming that Rainiero used excessive force. As Rainiero's attorney correctly pointed out in his defense, "The doctor was asleep in his bed when an intruder came into his home and put his life, his wife's life, and his two kids' lives in jeopardy."

Something wrong with this picture? You bet. One of my constituents in Kapolei brought it to my attention last year that there’s currently a loophole in the law which allows a homeowner to be sued by an intruder if the burglar is injured while trying to rob you and harm your family. The remedy?

I introduced Senate Bill 1617, which passed the State Senate by unanimously on March 6, 2007. SB 1617 would provide homeowners immunity from civil liability and make sure this kind of thing doesn't happen in Hawaii. The bill is supported by Mr. Mark Bennett, the State Attorney General, who stated that the "passage of this bill would deter criminals from filing frivolous civil claims." SB 1617 is awaiting a hearing in the House Judiciary Committee, which is chaired by Representative Tommy Waters. If you would like to get more information on the bill, please contact my office.

Gabbard Honors Makakilo-Kapolei
I was honored to present a certificate to the Makakilo-Kapolei Youth Baseball League on Saturday, March 10, 2007 on behalf of the State Senate. The League was celebrating its 2007 Season Opening Day Ceremony and Family Day at Kalaeloa Field. I was joined by Lt. Governor "Duke" Aiona, Mayor Mufi Hannemann, City Councilman Nestor Garcia, and Makakilo/ Kapolei Neighborhood Board Chair Maeda Timson at this memorable event.

Talk Stories
I'm hosting talk stories in both Kunia and Kapolei in April. On April 14th, Representative Har and I will co-host a talk-story at the Royal Kunia Community Association Board Room at 9:00am (above Times Super Market – Kunia, across the parking lot from Wal-Mart). On April 28th, I'll host a talk-story at the Kapolei Starbucks (outside seating, near the Chevron Station) at 9:00am. Please come!

If I can help you in any way, contact me at 586-6830 or email sengabbard@capitol.hawaii.gov. Mahalo for the privilege of serving you!

  Mike Gabbard - State Senate| P.O. Box 75480 Kapolei, Hawaii 96707
Phone: (808) 682-0676 | Fax:(808) 682-2591 | E-mail: mike@mikegabbard.com
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