KIHEI, Maui — With an agenda that includes gay marriage, medical marijuana and promoting vegetarianism, state Rep. Joseph Bertram III might seem easy to peg as a candidate on the far left.

But then he mentions his support for Hawaii Superferry and slashing government regulations that restrain the business sector, and it becomes less clear how to categorize the South Maui lawmaker.

In fact, the Democrat and his Republican opponent George Fontaine agree on a couple of key issues in the 11th House District comprised of Kihei, Wailea and Makena: providing more local control over education and reforming the state process for approving healthcare facilities.

Many voters are still peeved about the state Health Planning & Development Agency's 2006 denial of a certificate of need for the proposed $212 million Malulani Health & Medical Center that would have been built with private funds in Kihei. A Maui-based health panel recommended approval of the project, but the state agency determined a second hospital on Maui would threaten the financial stability of Maui Memorial Medical Center, part of the state-subsidized Hawaii Health Systems Corp.

Both Fontaine, 48, and Bertram, 51, said the certificate of need process should be reformed or abolished altogether.

"A lot of people, including myself, were angry with that whole process and the fact the decision was made on O'ahu with an O'ahu-centric board, and as a result we didn't get it," Fontaine said. "If the people of South Maui want the choice of having a privately funded hospital in South Maui, they should have it."

Bertram led a grassroots group called People United to Support a Second Hospital that was formed during the Malulani controversy. He said the certificate of need process prevents competition in healthcare services and discourages private investment in Hawai'i.

The incumbent said that, in general, he favors removing a lot of government regulations that affect small businesses.

"We need to get rid of a lot of the regulations that have accumulated over the years that really stifle entrepreneurs," he said. "Economic revitalization is not going to come from the big companies, it's going to come from entrepreneurs."

Fontaine has similar concerns about the Department of Education, and favors local school boards to decentralize decision-making and give Maui educators more influence over how their schools operate. The candidate also favors more support for charter schools.

His two children, ages 11 and 14, attend private schools but would have enrolled in the Kihei Charter School if limited funding hadn't restricted the number of students accepted.

Bertram also favors local school boards and providing additional support to charter schools and teachers by trimming the DOE at the top. "We just can't afford that top-heavy administrative load anymore," he said.

Getting a high school built in South Maui has been another community priority, and Bertram claims as his proudest legislative achievement working to secure $20 million in construction funds for that purpose. He also supported a bill that authorized the DOE to enter into financing agreements with private developers to expedite school construction.

BERTRAM'S PLANS

Bertram is best known on Maui for his advocacy for greenways and bike and pedestrian paths, and as a longtime member of the Kihei Community Association and as a former planning commissioner.

He favors a fast-track approval process for compact, mixed-use communities that allow residents to live and work close by, reducing vehicle use.

Bertram's interest in transportation options explains his support for the controversial Hawaii Superferry and fits in with a broader vision of promoting healthier lifestyles with policies that encourage walkable neighborhoods and sustainability, refocus the healthcare system on preventive care, and expand the availability of fresh fruit and vegetables.

He cited passage of a resolution asking the DOE to develop vegetarian and vegan options in school lunches as another of his accomplishments.

Bertram is outspoken on his efforts to refine the state's medical marijuana law. He said gaps in the current law make it difficult for critically ill patients to obtain marijuana to ease their symptoms and avoid police harassment.

"It's a cruel joke," he said.

Bertram obtained a medical marijuana permit in 2005 after suffering a serious illness. He said his health has improved and he no longer uses marijuana, although he assists a sick friend who does.

Gov. Linda Lingle vetoed a Bertram-sponsored bill passed by the Legislature this year that would have created a task force to examine issues related to Hawai'i's medical marijuana program. The lawmaker said he wants to revisit the issue and is proposing a pilot project to establish a secure marijuana-growing facility on Maui that would place a tax on plants provided to patients.

"The state would make money, law enforcement would know where everything was because it would be right inside a fence, and patients would get the safe and regular access that we said they could have for the past decade," he said.

Looking ahead to the 2009 session, Bertram said one of his top issues would be establishing safety nets "for the turbulent times" ahead. This would include providing financial support to nonprofit credit-counseling agencies "to make sure people don't lose their homes and don't go into bankruptcy and keep people hanging on even when they lose their jobs."

With government revenues expected to plunge, Bertram has a simple strategy for slashing costs: "Stop building more roads."

"We've got to put our funds toward transit and walking and biking instead of putting all our funds into road building," he said.

Bertram's legislative colleague, Rep. John Mizuno, D-30th (Kamehameha Heights, Fort Shafter, Kalihi Valley), said he doesn't always agree with the Maui lawmaker's proposals, but appreciates his "fresh, innovative and progressive view."

"If he wasn't there, we wouldn't have those out-of-the-box ideas. It would be business as usual," Mizuno said. "He brings to the table issues that may not necessarily be mainstream but are very important issues, and without that voice they would never be identified."

OFFERING HOPE

Bertram's risky political agenda and low-key campaign have given Republicans hope of recapturing the South Maui seat long held by the GOP before 2006.

Fontaine, a retired police officer, said he's more qualified than his opponent to deal with fiscal issues, and would cut wasteful government spending and programs that duplicate services provided by the private and nonprofit sectors.

"(Bertram), himself, has said that he's not a money guy. Joe's a nice guy but he doesn't have the background. He's done fabulous work with bikeways and trails but we need someone in office with leadership and team-building skills," Fontaine said.

FONTAINE'S GOALS

Although some degree of budget-cutting is necessary, Fontaine said he does not favor cuts to agencies that provide basic necessities such as healthcare, food and housing.

"As the economy gets worse and if we lose more jobs, there are going to be more people who need assistance," he said.

Fontaine also supports tax relief for businesses and consumers. "I would love to eliminate or reduce the general excise tax on food and medical services," he said.

Fontaine described himself as an advocate for small businesses who believes in "getting out of their way and allowing them to be entrepreneurs and not burden them with excess taxes and fees."

On healthcare, the candidate said one of his top goals will be tort reform to reduce medical malpractice costs that are forcing doctors to leave the state.

Since retiring as a captain from the Maui Police Department in 2005, Fontaine has been active in Rotary International, serving as district governor and visiting clubs across the state. He is a past president of the Kihei Community Association and made his mark in the district addressing public safety issues.

During the 1990s, when South Maui was experiencing explosive growth, Fontaine was instrumental in starting the Kihei Patrol District that saw the establishment of the area's first police station at a storefront location in the Kihei Town Center. He also helped found the South Maui Citizens Patrol and wrote a federal grant request that resulted in the hiring of eight officers under the community-oriented policing program.

Fontaine said his 25-year career as a police officer helped prepare him for public office. "I've been able to work with a wide range of people with a wide range of interests and build consensus to deal with the problems," he said.

As a member of the minority party, Fontaine said he is open-minded and willing to "reach across the aisle" to work with Democrats to solve Hawai'i's problems.

"I don't care about taking credit. I'm more concerned about getting good ideas out there and discussed. I'm not in this for my ego," he said.