The Demise of Gut and Replace (Talking Tax)
A Rumor Greatly Exaggerated. The host for this show is Jay Fidell. The guest is Tom Yamachika.
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\nOn November 4, the Supreme Court of Hawaii released its decision in League of Women Voters v. State. The decision was a huge step in the right direction. But will it get rid of all gut-and-replaces and eliminate Frankenbills (where pieces of dead bills get new life by stuffing them into tangentially related other bills with a suitable title)? Probably not. Amendments are still allowed. A person challenging a bill still needs to prove beyond a reasonable doubt that the bill is unconstitutional. And remember, it took a 3-2 vote to hold that recidivism and hurricane shelters are unrelated. The standard the court seems to be adopting is \u201cwhether the amendments and the original bill constitute a unifying scheme to accomplish a single purpose.\u201d Determining what is or is not germane is not going to be easy in most cases.
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