The next legislative session is 90 days away, and bills are already being drafted. Given what happened to Act 221 in the 2009 session and its final demise on Dec. 31, 2010, there's a vacuum for tech and as yet no agreement on what initiatives might fill the puka. The loss of 221 after a seven-year fight has left a scarred battlefield, and the task of coming up with a new package for tech is daunting. The first step, of course, is to get input from the tech community. But that's certainly not the last step.

'REBUILDING IN 2010'

ThinkTech's fall program, "Rebuilding in 2010," is directed at these issues. It'll be a half-day panel program in the Anthology Theatre at Bishop Square on Oct. 29.

Brian Schatz, chair of the Democratic Party, will keynote on "whether tech in Hawaii is keeping up with the outside world." Three panels will follow.

The first will address "how far has Hawaii come during the Lingle administration," with Chenoa Farnsworth moderating panelists Ian Kitajima, Rob Robinson, Dan Leuck and Mark Gilbert.

The second will address "what tech measures should the 2010 legislature consider," with Larry Gilbert moderating panelists Bill Spencer, Kelly King, Darren Kimura and Jason Suapaia.

The third will answer the ultimate question of "what tech measures is the 2010 Legislature likely to adopt," with Bob To-y-o-fuku moderating legislators Colleen Hanabusa, Carol Fukunaga and Angus McKelvey. For details, call 956-8400.

WORK GROUP

In anticipation, Carol Fukunaga and Angus McKelvey have convened a work group to get a preliminary handle on what industry and government are thinking. They included the Oct. 29 panelists and various others. Good for them for starting the conversation.

Reaching consensus would be desirable, but at this point we really don't know if that can happen. There is always the risk of alamihi, where any crab thinking out of the bucket is marginalized. For true consensus, we need to be receptive and test all input against the greater good rather than self-interest.

POSSIBILITIES

Yes, there's still a critical need for capital formation. We're never going to get up to speed without it. Although 221 died young, it's not likely to come back anytime soon, so there's no point in pining for resurrection. The question is what other initiatives are useful and which can gain traction. In many ways, we begin with a blank slate and no Plan B.

To build the sector, the package will have to go beyond capital formation. Our lack of trained skilled workers and hopeless bureaucratic barriers are also standing in the way. We need to find manageable, affordable ways to fix our schools and return to what Rep. Gene Ward calls an "enabling environment." Both are a tall order.

The fiscal predicament of 2009 will continue in 2010 — a jobless recession and the difficulty of balancing the budget — so spending money is not going to be very popular. And we will still have naysayers and detractors — lots of people don't yet understand that spending money on business and job creation is the best way to improve a troubled economy.

So the challenge is to find new ways to build tech companies without spending money, even though other states are spending and investing big bucks to do that. Solutions are not yet obvious, and will require some clever concepts and coordinated persuasion.

PATH TO PROGRESS

Maybe this fresh canvas is a good thing, and will force us to focus going forward. There is no place for fragmentation. This time we all need to work together, with due respect to our best and brightest supporters, and with due restraint from potshots and politics.

For much of the world, recession signifies opportunity. Hawaii has to wake up and catch up on the path to progress. If not now, then very possibly never. Complacency kills, and hiatus will devolve into a long winter.

That's why this crossroads is a test of the tech community, the Legislature and the public. And that's why this session, even in the cautiousness of an election year, could be the most important since statehood.

Where will you be when it happens? Where will you be on Oct. 29?

Jay Fidell is a business lawyer practicing in Honolulu. He has followed tech and tech policy closely and is a founder of ThinkTech Hawaii. Check out his blog at www.honoluluadvertiser.com/blogs.