In The Honolulu Advertiser editorial dated July 22, 2006, entitled “Public deserves say on federal sunset bill,” public hearings were demanded before federal agencies and programs could be shut down by a federal commission established by the Government Efficiency Act (HR 5766).

My view is that every law, city, state, and federal, should have a sunset clause allowing the law a maximum life of perhaps five years. If such a law is “good,” the law makers can pass it again (after hearings galore if they want). Likewise, in the HR 5766 case, all Congress needs to do is to pass a fresh law based on the old one if a closed program is deemed necessary. Where is the problem? That same day, a news item in the Honolulu Advertiser “Candidates dodge a bullet” caught my eye. In it, staff writer Johnny Brannon reports that a new law meant to ensure voters can quickly see who donated money to candidates for state and county offices won’t be enforced until later.

The reason given is that inadequate staffing is in place to do the job. Is that a good excuse? If so, I would break my speedometer and blissfully exceed the speed limit, telling apprehending cops I could not rightly tell my speed. Let’s see if I understand. The bill was passed and became a law. The state campaign spending commission declares that it will not enforce the law until it gets around to it (money, staff, space etc.) Should non-enforcement be a violation of law by the agency tasked with enforcement? I think so—surely the legislature did not intend that their law would be stonewalled by a bureaucrat or two.

Oops, in this case maybe they did. Anyway, it seems to me that every law should include a severe penalty for any and all charged with enforcement who fails to do their duty. Otherwise government devolves into a system of law and rules not controlled by elected representatives but by faceless functionaries.

Then there is no accountability. Just “he said she said”. Except, of course, when you or I violate a law on the receiving end instead of on the enforcing end. In that case we must be prepared for enforcement and plan our actions accordingly. We at the GRIH are working on a checklist for public policy makers. The above will be added points. Your ideas would be helpful.

Refs: http://the.honoluluadvertiser.com/article/2006/Jul/22/op/FP607220314.html http://the.honoluluadvertiser.com/article/2006/Jul/22/ln/FP607220342.html