PLANNING COMMISSIONS AND MARIJUANA INITIATIVES PASS

Big Island voters have decided it would be best to have two planning
commissions and to put the war against marijuana on the back burner.

Four of the five Hawaii County ballot initiatives passed Tuesday
night, with one -- the creation of the Office of the Legislative
Auditor -- heading toward approval with a lead of 342 votes following
the third printout and only a few hundred mail-in votes remaining to
be counted.

Also on the ballot were the reform of initiative and referendum and
the stiffening of penalties for civil and criminal violations.

In addition, Hawaii County voters also mirrored the state
in voting against a constitutional convention and lowering the minimum
age to run for governor of Hawaii.

Big Island voters voted 40,459 to 21,906 against the Con Con, or 61 to
33 percent, as compared to statewide figures, which were 62 percent to
34 percent. On the lowering of the age qualifications for governor,
the Big Island voted 49,831 to 12,624, or 76 percent to 19 percent,
compared to 78 percent to 17 percent statewide.

The amendment of the Hawaii County Code regarding marijuana
enforcement passed 34,957 to 25,464, or 53 percent to 39 percent.

Big Island voters have directed police to put a low priority on the
enforcement of federal drug laws against adults when the person using
marijuana is 21 or older and on their own property.

According to the amendment, the county is also prohibited from
accepting deputizations or commissions from a federal law enforcement
agency for investigating, citing or arresting adults using marijuana
on their own property for personal, religious or medicinal purposes.

The new law also directs the council not to support the acceptance of
funds for marijuana eradication.

Supporters said during the campaign that less emphasis on marijuana
would leave the police with more time to enforce laws regarding
crystal methamphetamine.

However, Police Chief Lawrence Mahuna said it is rare that someone
arrested solely for a marijuana offense possesses small amounts of the
drug. While he was police chief, James Correa also told the County
Council that police already placed such crimes on low priority.

West Hawaii will also have its own planning commission after the
charter amendment passed 37,439 to 22,033, or 57 percent to 33 percent.

The Planning Commission is responsible for making recommendations to
the County Council on rezoning applications but also has the final say
on use permits and special permits.

At times it has been criticized as being stacked by the mayor with
pro-development interests who are unaccountable to communities
affected by its decisions.

Those who oppose the initiative say it expands government and is the
first step in splitting the island into two counties.

The initiative and referendum question passed 31,992 to 22,569, or 49
percent to 34 percent.

Voters can create, approve or reject laws by popular vote as in this
election with the reform of marijuana enforcement priorities. However,
those who wanted to place the 2 percent open space initiative on the
ballot two years ago found that the procedure was unwieldy and all but
discouraged such moves.

The amendment puts the initiative and referendum process in
chronological order, in plain language and makes it equitable for both
the citizens and the county.

It prohibits the council from amending such actions for three years
except by two-thirds vote; allows the petitioner to provide a ballot
title, question and summary prior to the circulation of any petition;
and requires notice if the circulators are being paid for their services.

The new procedure also changes requirements for electors signing
petitions to add month and day of birth and the last four digits of
their social security number and removes the requirement to include
their home address, requires publication in two daily newspapers with
the largest circulation the ballot title, question, summary and
arguments for and against the measure and makes other housekeeping
changes.

Voters likely approved a change to the charter to establish an Office
of the Legislative Auditor, 27,432 to 27,090, or 41.6 percent to 41.1
percent.

The new auditor would perform independent audits of all county
offices, functions and programs. The new auditor will be appointed by
the council for a six-year term and may be removed by a two-thirds
vote.

The auditor has the authority to conduct performance and financial
audits of any county agency or program, has full access to any county
employee or record not protected by law and full access to property,
facilities or equipment of any county agency or program.

The charter was changed by a 36,172 to 20,477 vote, or 55 percent to
31 percent, to double the maximum fine for criminal penalties and make
distinctions between civil and criminal penalties for violations.

Introduced by Councilwoman Brenda Ford, the amendment increases
maximum fines for criminal penalties from $1,000 to $2,000. It also
clarifies language to distinguish between civil and criminal penalties
for violations of the county charter.

Voters refusal to lower the age qualification for the office of
governor and office of lieutenant governor from 30 years of age to 25
years were not swayed by the arguments of those who saw 30 as an
arbitrary limitation. Opponents said an 18-year old might not be
prepared for political leadership.