Talking Story With Sen. Mike Gabbard

Aloha,

I hope you and your family are well! I’d like to share a few things that are happening at the Capitol:

Important Legislation Back on Track in 2008

Last year, I introduced two bills that would help better protect both Hawaii residents and our environment. SB 1617, SD1 and SB 1891, SD1 passed unanimously through the state Senate in 2007 but stalled in the House. Fortunately, I’ve been able to work with my colleagues in the House to get this critical legislation moving again.

The idea for the first bill, SB 1617, SD1, was brought to my attention by a Kapolei resident who pointed out that because of an existing loophole in state law, you could be sued by a burglar if that criminal was injured while trying to rob you or harm your family.

We researched and found that there were examples of this happening on the Mainland. In one case, Dr. Michael Rainiero, a homeowner in Janesville, Wis., awoke one evening to find an intruder in his hallway. Rainiero asked the intruder to leave repeatedly. When the burglar refused to leave, Raineiro was forced to shoot him. What’s amazing is that after this incident, the burglar filed a lawsuit claiming that Rainiero used excessive force in defending himself, his wife and their two daughters. SB 1617, SD1 will provide homeowners immunity from civil liability in these types of cases and would make sure this doesn’t happen in Hawaii.

I introduced the second bill, SB 1891, SD1, after receiving complaints from people statewide and reading media reports about the problem of ATVs and other vehicles driving on our beaches. As you may know, these vehicles have created a public safety hazard, can potentially desecrate sacred burial grounds and cause enormous destruction to our natural ecosystem.

In working with Department of Land and Natural Resources (DLNR) officials to craft the language of the bill, I learned that they didn’t have the necessary enforcement powers to protect the safety of beachgoers, wildlife and the environment. SB 1891, SD1 would make violations on public lands a petty misdemeanor. This change in law would give DLNR officers the ability to make arrests, issue criminal citations and confiscate vehicles. I can guarantee you that if a couple of these vehicles get confiscated, this problem will be solved quickly. I don’t have anything against ATV enthusiasts, but we’ve got to have common sense when it comes to protecting our beaches.

Please let me know if you’d like more information on either of these bills or if you’d like to get involved by testifying in support of the legislation.

“Listen-Story”

I’ll be hosting my next “Listen-Story” meeting at the Royal Kunia Community Association office (above Times Supermarket in Kunia) at 9 a.m. May 10. Please come. If you can’t make it, please call or e-mail your concerns.

Mahalo for the privilege of serving you!

Contact state Sen. Mike Gabbard, D-19th District (Kalaeloa-Makakilo) at 586-6830 or e-mail sengabbard@capitol.hawaii.gov.