Lawmakers come to agreement on Office of Hawaiian Affairs budget

Honolulu. Rep. Mele Carroll, Chairwoman of the House Committee on Hawaiian Affairs and Chairwoman of the Legislative Hawaiian Caucus, thanked both House and Senate members of the Conference Committee who came to an agreement on the Office of Hawaiian Affairs budget in conference this session.

“I’d like to thank the Conference Chairs and members on HB 900 for all the work that they’ve done in understanding the workings of the Office of Hawaiian of Affairs budget and how the general fund fits into OHA’s operations,” Rep. Mele Carroll said. “I’d also like to thank them for asking the hard questions and being open to various points of view.”

House Bill 900 HD2 SD1 CD1, appropriates $2.4 million for the Office of Hawaiian Affairs’ operating budget, which follows the 20 percent cuts faced by other State agencies.

The Office of Hawaiian Affairs’ mission is to mālama (protect) Hawai’i’s people and environmental resources and OHA’s assets, toward ensuring the perpetuation of the culture, the enhancement of lifestyle and the protection of entitlements of Native Hawaiians, while enabling the building of a strong and healthy Hawaiian people and nation, recognized nationally and internationally as directed by the State Constitution.

“We’ve passed a budget which provides the Office of Hawaiian Affairs with critical resources for the trustees to continue their work in making lives better for Hawaiians, and in doing so, better for all citizens of our great state,” Rep. Mele Carroll said.

In the Senate’s draft one, they added a zero appropriation of general funds to the Office of Hawaiian Affairs on the basis that a windfall of $2.4 million award to the Native Hawaiian Legal Corporation, later transferred to the Office Hawaiian Affairs as part of a settlement award on the Hokulia case was not reported at the Senate Ways & Means Committee. The Senate felt that OHA could use these funds in place of the general funds appropriation.

Whereas the House draft two included a $2.4 million general funds appropriation which included the 20 percent cuts like other state agencies were faced with in seeking general fund appropriations for their budget.

During deliberations in Conference Committee meetings on HB 900, Chairwoman, Rep. Mele Carroll led the committee meeting and had the task of debating and defending the position of the House draft. After conferencing on this bill for five days, Chairwoman, Rep. Mele Carroll was eloquent in her delivery and accomplished her task bringing together the Senate and House conferee chairs to agree to the $2.4 million general fund appropriation. “We are very pleased with the outcome of Rep. Mele Carroll’s performance in bringing both the House and Senate in reaching a consensus and thankful to Finance Chair Rep. Marcus Oshiro for his guidance, support, and wisdom in this process,” said OHA Trustee Haunani Apoliona. “We can continue our work in improving the lives of native Hawaiians, therefore, we are improving the lives of all people.”

In addition, it was agreed that the Office of Hawaiian Affairs would transfer over $1.2 million to the State of Hawai‘i as the states’ portion of an award provided to the Native Hawaiian Legal Corporation in May of 2006 in the Hokuli’a case. As we know, over the years, legislative appropriations made for Native Hawaiian legal services have been paid for equally by the State of Hawaii, through the State general fund and trust funds through the Office of Hawaiian Affairs. Thus, it is appropriate that any funds realized as a result of legal action taken by the contracted legal services provider be shared equally by the two (2) organizations responsible for the funding these legal services: Office of the Hawaiian Affairs and the State of Hawai‘i. These funds being paid by Office of Hawaiian Affairs will help other State programs that are in need.

“House Bill 900 conference draft one provides much needed resources in three areas: Hawaiian legal services; educational enrichment and social services for Hawaiians. Again, in these difficult times the need to provide educational enrichment opportunities for our keiki is extremely important,” Rep. Mele Carroll said. “The lack of adequate safety nets in our community makes the need for emergency assistance in housing and subsistence important for Hawaiians and all needy members of our community. Finally, allowing us to continue to provide legal services to our Native Hawaiian people will help to achieve justice and fairness in our community.”

Bill requiring two-thirds vote approval process for land sales passes conference

Honolulu. A bill that requires a two-thirds majority by the two houses (Senate and House) in the Legislature approval process for all sales of public lands, which includes “ceded lands,” passed in conference committee today.

The purpose of Senate Bill 1677 SD1 HD2 CD1 is to establish a more comprehensive process for the sale of state-owned land, and to reserve a larger oversight role for lawmakers to assure that key information about certain sales or exchanges of land is shared with the Legislature.

The policy of this bill is that the selling of public lands requires the adoption of a concurrent resolution by two-thirds majority vote of each house in the Legislature. In addition, the bill adds to current law dealing with the transfer and exchange of public land. Existing law currently requires any exchange of public land for private land to be subject to disapproval by the Legislature by two-thirds vote of either the Senate or the House.

Throughout the session, Rep. Mele Carroll, Co-Chair of the Conference Committee and Chair of the House Committee on Hawaiian Affairs, pushed for transparency and public notification of state land sales in order to protect against the sale of “ceded lands” while the reconciliation process between the State and Native Hawaiians takes place.

“Although I support, and the House Committee on Hawaiian Affairs supported, a full moratorium of the sale and transfer of ‘ceded lands,’ this particular bill has allowed for the discussions to be carried out,” Rep. Mele Carroll said. “The two-thirds vote process is what lawmakers have ultimately supported as a compromise.”

Under Senate Bill 1677 SD1 HD2 CD1, a State department or agency proposing to sell public land must submit a concurrent resolution describing the location of the parcels of land; the appraisal value of the land; the names of all appraisers involved; the date of the appraisal valuation; the purpose for which the land is being sold; and a detailed summary of any development plans for the land.

A copy of the concurrent resolution for the prior approval of sale must be submitted to the Office of Hawaiian Affairs when it is submitted to the Legislature. And prior to finalizing any proposal for the sale, the State agency or entity must hold an informational briefing in the community where the land is located.

Senate Bill 1677 SD1 HD2 CD1 requires that a copy of the resolution requesting a transfer or exchange of land be submitted to the Office of Hawaiian Affairs when it is submitted to the Legislature. It will be the responsibility of the Office of Hawaiian Affairs to notify their beneficiaries of the sale or transfer of “ceded lands.”

Affordable housing bill passed in conference

The Conference Committee reached an agreement on Senate Bill 1268 SD2 HD1 CD1 today.

Honolulu. A bill that permits the Department of Hawaiian Home Lands to assign or transfer county affordable housing credits passed conference today with amendments.

“Allowing the Department of Hawaiian Home Lands to take part in the counties’ housing credit process will help to provide homes to the department’s 20,000 Native Hawaiian beneficiaries and at the same time help to alleviate the housing crisis during these difficult economic times,” said Rep. Mele Carroll, House Co-Chair of the Conference Committee and Chair of the House Committee on Hawaiian Affairs.

At a previous conference committee meeting, concerns were raised by the City and County of Honolulu’s Department of Planning and Permitting over the 60-day approval process of requests for tax credits by the Department of Hawaiian Home Lands.

Department of Planning and Permitting Director David Tanoue said in a letter to the Conference Committee: “Under the city’s affordable housing program, a credit is earned if the unit is sold or rented at an affordable price; the occupant – buyer or tenant – qualifies as a household within the affordable housing range; and, more importantly, the unit remains in this affordable housing program for ten years. Thus, for new housing, the City will have no choice but to deny the Department of Hawaiian Home Lands’ request within the mandated 60-day period.”

Today’s conference also resolved a disagreement between the Senate and House conferees over the time period that the bill takes effect, with both sides agreeing to a 6-year period.

The Conference Draft, Senate Bill 1268 SD2 HD1 CD1, removes the 60-day deadline for the approval process. The Conference Draft states that counties shall authorize and issue affordable housing credits to the Department of Hawaiian Home Lands upon a request for the transfer or assignment of credits by the department. The credits shall be issued on a one-for one basis and applied within the same county in which the credits were earned to satisfy affordable housing obligations imposed by the county. The bill takes effect on June 1, 2009 and shall be repealed on June 30, 2015.

House Conferees were Co-Chairs Rep. Mele Carroll, Rep. Rida Cabanilla, and Rep. Roland Sagum III and members Rep. Pono Chong, Rep. Maile Shimabukuro, and Rep. Gene Ward.

Senate Conferees were Chair Sen. Clayton Hee, Co-Chairs Sen. Norman Sakamoto and Sen. J. Kalani English, and member Sen. Sam Slom.

Resolutions urge for recognition of U.N. indigenous peoples declaration, honoring of Prince Kuhio, and a study of disparate treatment in Hawai‘i’s criminal justice system

Honolulu. The House Committee on Hawaiian Affairs, chaired by Rep. Mele Carroll, adopted three resolutions yesterday.

House Concurrent Resolution 27 requests that the Office of Hawaiian Affairs contract with a nationally respected and objective consulting firm to conduct a study of disparate treatment of Native Hawaiians in Hawai‘i’s criminal justice system.

“It is essential that we take a closer look at the process so that we can understand why the disparity is the way it is and better address the needs of Native Hawaiians,” Rep. Mele Carroll said.

The resolution refers to studies based on data from the 2000 U.S. Census that Native Hawaiians are overrepresented in Hawai‘i’s prisons and jails, despite making up only 20 percent of the State’s population. The resolution also notes that Native Hawaiians make up forty-five percent of all parolees state-wide and are at the greatest risk of being re-arrested and returning to prison, while 60 percent of children who are placed in child protective services are of Native Hawaiian decent.

In testimony of support for House Concurrent Resolution 27, the Office of Hawaiian Affairs stated that Hawai‘i State policies may be racially biased and that a comprehensive study addressing the disparate treatment is much needed.

The American Civil Liberties Union of Hawai‘i testified in strong support of the resolution, saying that the recommended study will help lawmakers identify subjective, rather than objective, points of decision-making in law enforcement and that studying the reasons for the disparities will help to ensure that Hawai‘i’s criminal justice system operates in an even-handed manner. House Concurrent Resolution 27 was adopted with technical amendments.

Senate Concurrent Resolution 66 SD1 requests that the U.S. Postal Service issue a commemorative stamp honoring Prince Jonah Kuhio Kalanianaole, who was elected Hawaii’s delegate to U.S. Congress in 1902 and held the post for 10 consecutive terms. Prince Kuhio endeavored to restore native Hawaiians’ pride in their race through education, political activism, and by re-organizing the Royal Order of Kamehameha I and forming the first Hawaiian Civic Club. Senate Concurrent Resolution 66 SD1 was adopted without amendments, with notes in the committee report acknowledging testimony received regarding concerns with the Americanization of Hawaiian culture and recognizing the visibility of a postage stamp as a way to educate the broader community about Prince Kuhio’s legacy. “As a postage stamp is so visible, this may encourage discussion about Prince Kuhio in our schools,” said Rep. Maile Shimabukuro, Vice-chair of the House Committee on Hawaiian Affairs. “Many people didn’t know that he was the one who got the Department of Hawaiian Home Lands off the ground.”

Senate Concurrent Resolution 127 urges the President of the United States and the U.S. Congress to adopt the United Nations 2007 Declaration on the Rights of Indigenous Peoples, which sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other rights. Senate Concurrent Resolution 127 passed unamended.

“The indigenous Peoples all over the world are seeking freedom as a people in their homelands,” said Richard Pomaikaiokalani Kinney in supporting testimony of the resolution. “Freedom as a unique people with a very important culture that needs to be saved from further desecration and perpetuated for all mankind.”

Senate draft of Budget Bill supports East Maui, Moloka‘i, Lana‘i, Kaho‘olawe

Honolulu. The State Budget Bill, House Bill 200 HD1 SD1, passed the Senate this week with Capital Improvement Projects throughout East Maui, Moloka‘i, Lana‘i, and Kaho‘olawe, totaling over $38 million.

Now that House Bill 200 HD1 SD1 has been amended by the Senate, it will be heard in conference, where lawmakers will compare the differences between the House and Senate drafts of the budget as the session comes to a close.

“We need everyone’s support out there to call the Legislature and to let them know if you support these Capital Improvement Projects so that they remain in the State Budget,” Rep. Mele Carroll said. “With so many issues before us during these hard economic times, it is the responsibility of the Legislature to balance the State’s budget. While trying not to further burden Hawai‘i residents and businesses with tax increases, layoffs or furloughs of state employees, and further cuts to public services or programs, the reality is that all of these issues are being looked at to balance the budget.”

Rep. Mele Carroll, Chairwoman of the House Committee on Hawaiian Affairs and Chairwoman of the Legislative Hawaiian Caucus, represents Pa‘ia, Haiku, Huelo, Kailua, Keanae, Wailua, Nahiku, Hana, Kipahulu, Kaupo, islands of Kaho‘olawe, Lana‘i, Moloka‘i, including Kalaupapa, and Molokini.

The current draft of the State Budget Bill includes:

Moloka‘i Capital Improvement Projects
UH Maui, Moloka‘i Campus; Land acquisition – $500,000
Moloka‘i Irrigation System; improvements – $3,500,000
Moloka‘i and Waimea Hydropower Plant; plans, design, and construction – $1,350,000
Moloka‘i Airport; security access control and closed circuit TV – $1,191,000
Kamehameha V Highway; Kawela Stream Bridge Replacement – $10,000,000
Kamehameha V Highway; Makakupaia Stream Bridge Replacement – $3,750,000
Kamehameha V Highway; drainage improvements – $1,400,000

Maui Capital Improvement Projects
Hana Health; design plans for medical center expansion, Grant-in-Aid – $250,000
La‘a Kea Foundation (Pa‘ia); Sunrise Farm Community of Maui, Grant-in-Aid – $316,000
Hana Highway improvements, Huelo to Hana – $2,930,000
Hana Highway improvements, Uakea Road to Keawa Place – $2,010,000
Haleakala Highway; widening at milepost 0.8 – $1,905,000

Lana‘i Capital Improvement Projects
Lana‘i Airport; ARFF Station improvements – $7,655,000
Lana‘i Airport; security access control and closed circuit TV – $1,328,000

Kaho‘olawe Capital Improvement Projects
Hakioawa Shelter and Kitchen – $400,000

Taro security bill passes with Senate Floor Amendments

Honolulu. A bill introduced by Rep. Mele Carroll that would prohibit the development, testing, propagation, release, importation, planting, or growing of genetically engineered Hawaiian taro was heard on the Senate Floor and amended to resemble an earlier House draft, which also establishes prohibitions on genetically engineered non-Hawaiian taro.

“I think taro farmers have made great strides in educating the Legislature about their concerns of genetic testing,” Rep. Mele Carroll said. “I’m hopeful Hawaiian issues such as taro security will remain on the forefront.”

The Taro Security Bill, House Bill 1663 HD1 SD2, addresses concerns about the possibility of cross-pollination of Hawaiian taro with genetically modified non-Hawaiian taro.

“This bill represents a very balanced approach to this very controversial issue,” said Sen. Jill Tokuda on the Senate Floor.

The Senate Floor Amendments restore prohibitions from an earlier draft, which state that no non-Hawaiian taro that are not unique to Hawai‘i, including, but not limited to, the Chinese taro (Bun long) and araimo varieties, shall be genetically engineered outside an enclosed laboratory; no genetic engineering of non-Hawaiian taro shall be allowed inside an enclosed laboratory unless entry into the enclosed laboratory is prohibited to the general public; no genetically engineered non-Hawaiian taro shall be tested, propagated, planted, or grown outside an enclosed structure; and no genetically engineered non-Hawaiian taro shall be tested, propagated, planted, or grown inside an enclosed structure, unless entry into the enclosed structure is prohibited to the general public.

Taro, or kalo, is recognized by Hawai‘i as the official state plant for its cultural and historic significance. For Native Hawaiians, kalo holds a spiritual and sacred connection to their ancestry.

Kalo is also an important food crop in Hawai‘i and a complex carbohydrate with hypo allergenic properties that are life-saving for those with digestive disorders and allergies, including young children and the elderly.

Health implications of non-taro genes in genetically engineered kalo have never been tested nor approved for human consumption.

The purpose of the House Bill 1663 HD1 SD2 is to further protect (1) the cultural integrity of kalo as part of the heritage of the Hawaiian people and the State; (2) the genetic biodiversity and integrity of Hawaiian taro varieties in the State as part of the sacred trust between the State and the indigenous peoples of Hawai‘i; and (3) Hawai‘i’s non-GMO taro farmers.

Rep. Mele Carroll would like to see the University of Hawai‘i and other researchers invest time into looking at how Hawaiians’ ancestors tackled their own challenges with disease and other adversities to kalo.

“We want to protect our cultural integrity, especially when it comes to our kalo,” Rep. Mele Carroll said. “Hopefully there can be a movement to implement research into Native Hawaiian agricultural methods and protect our ancient practices as an alternative to genetic modification.”

Hawaiian Affairs Committee discusses the U.S. Supreme Court’s Ruling and prompts both sides to seek a settlement and agreement to a proposed compromise bill

Honolulu. The House Committee on Hawaiian Affairs held an informational briefing today on the United States Supreme Court’s ruling and “What’s Next.” It was both Attorney General Mark Bennett and attorney at large Bill Meheula who gave their interpretation of the ruling and described in their own words a proposed comprised draft amendment to SB 1677 by expressing that this could be the best policy on the sale and transfer of ceded lands the Legislature could possibly support.

Click here to see video of Rep. Mele Carroll’s comments after the 4/8 hearing

Both Attorney General Mark Bennett and Attorney Bill Maheula explained that in the proposed compromise language, it will establish a new part in Chapter 171, HRS, applicable to certain state lands which include both ceded and other state lands.

The language includes that any sales of certain state lands are subject to legislative approval. If the legislature fails to approve the concurrent resolution by at least a two-thirds majority vote of both houses, the transaction shall not be consummated by the state department or agency.

The state department or agency proposing to sell any state land listed under subsection (a) shall submit for introduction to the legislature a concurrent resolution for review of any sale of state land. The concurrent resolution shall contain the following information: the location and area of the parcels of land to be sold; the appraisal value of the land to be sold; the name of all appraisers performing appraisals of the land to be sold; the date of the appraisal valuation; the purpose for which the land is being sold; and a detailed summary of any development plans for the land to be sold.

This proposed draft would exempt remnants, licenses, permits, easements, leases, and land exchanges conforming with section 171-50, HRS from legislative approval of sale. Disapproval by resolution of exchanges of public land as defined in chapter 171, HRS occurs by removing disapproval by two-thirds vote of either the Senate or the House, and retaining disapproval by majority vote of both houses of the Legislature. The department shall submit for introduction to the legislature a concurrent resolution, single house resolution, or both, for review of action on any exchange deeds, which will be executed by the parties together with the required information such as: the location and area of the parcels of land to be exchanged; the value of the lands to be conveyed by the State and the private party; the name or names of the appraiser or appraisers; and the date of the appraisal valuation.

Another consideration added to this language is that the Office of Hawaiian Affairs would be notified of any proposed transfer or exchange of “ceded lands.”

“The reason why we are recommending this proposed language to SB 1677 is because we believe it is fair,” said Bill Meheula, who represent the four native Hawaiians who originally filed the lawsuit. “The bill is doable in the sense that we are confident that both houses could support it as well as the Governor probably approving it.”

Attorney General Mark Bennett said, “If there are no current plans to sell any ‘ceded lands’ by the administration and the Legislature has a pre-approval process, then passing this bill and ending the lawsuit is beneficial.”

In testimony on other bills proposing a moratorium on the sale of “ceded lands,” the Attorney General had criticized those bills as being in conflict with the Admission Act and said that the bills’ purposes raised the likelihood of an 14th Amendment challenges.

Rep. Mele Carroll asked the Attorney General for his opinion on a bill that proposed a sunset date on a moratorium. The Attorney General said that a bill dealing only with the sale of “ceded lands” and not exchanges would less likely have Admission Act problems, and that a moratorium with a one year statute would likely not have any 14th Amendment challenges because it was not enough time for a lawsuit to make it into court.

“What we’re proposing to you is something that doesn’t have a sunset date, and you will be able to reject individual sales,” Attorney General Mark Bennett said.

Vice Chair, Rep. Maile Shimabukuro expressed concerns over the disapproval process of the bill, whereby a single committee chair has the power to pull a resolution before it is heard. If a legislator wants a transfer or exchange of ceded lands transaction to happen, all they have to do is make sure that the concurrent resolution is not heard. This kills the resolution and therefore no disapproval occurs.

Rep. Della au Bellatti made the point today that the legislature doesn’t have to take the recommendation that the Attorney General Mark Bennett and Attorney Bill Meheula is proposing. The Legislature has the power and the ability to set the policy and will have to look at all possibilities.

“I am still in favor of a full moratorium,” said Rep. Mele Carroll, Chairwoman of the House Committee on Hawaiian Affairs. “However, I could live with a sunset date on a moratorium making it one, two, three or even five years to give us some time to discuss, evaluate and come up with a policy that we can all live with, if that is the direction this body wants to move in, our goal should be that the trust is protected, especially if the Legislature cannot reach an agreement on the policy.”

It was noted that all of the clients in this case will need to be consulted on the new proposed language to SB 1677. Bill Meheula is optimistic and confident that this is the way to go because of the uncertainty of the outcome of the Hawaii Supreme Court case should this be argued again. “We may or may not lose everything,” said Bill Meheula. “Reaching a settlement may be our best solution and we are hopeful that the outcome would be just that, so we can dismiss this case without prejudice.”

Committee on Hawaiian Affairs holds “ceded lands” informational briefing

Honolulu. The House Committee on Hawaiian Affairs will be holding a public informational briefing to discuss the U.S. Supreme Court ruling of State of Hawai‘i vs. Office of Hawaiian Affairs regarding the issue of “ceded lands” on Wednesday, April 8 at 9:30 a.m. in State Capitol room 329.

“After learning the U.S. Supreme Court’s ruling, and knowing that twenty five days after the U.S. ruling is filed the Hawai‘i State Supreme Court’s injunction will be lifted and that the State will be able to sell ‘ceded lands’ is frightening,” said Representative Mele Carroll.

Attorney General Mark J. Bennett will talk about how the ruling affects the State of Hawai‘i and attorney at law Bill Meheula will talk about how the ruling affects native Hawaiian claims.They both will also talk about the future and what they are going to do next.

 

NOTICE OF INFORMATIONAL BRIEFING

 

DATE:	Wednesday, April 08, 2009
TIME:	9:30am
PLACE:	Conference Room 329 State Capitol 415 South Beretania Street

 

 

Rep. Mele Carroll pushes for immediate “ceded lands” protection

Honolulu. “After learning the U.S. Supreme Court’s ruling, and knowing that twenty five days after the U.S. ruling is filed the Hawai‘i State Supreme Court’s injunction will be lifted and that the State will be able to sell ‘ceded lands’ is frightening,” said Representative Mele Carroll today.

There is only one bill that is moving through the House of Representatives, SB 1677, and it may not make it through conference as there are many differences that will need to be settled with the Senate.

The Senate sent over to the House two bills to address the situation of the sale and transfer of ceded lands. The first was SB 1677 which is a two-thirds majority vote of two houses approval process and the second was SB 1085 which calls for a five year moratorium on the sale and transfer of “ceded lands.”

Both of these bills passed out of the House Committee on Hawaiian Affairs and passed on the floor and were referred to the Water, Land & Ocean Resources Committee jointly with the Judiciary Committee. However, only SB 1677 received a hearing and therefore, SB 1085 was dead for the session.

During today’s session, Rep. Mele Carroll, Chairwoman of the House Committee on Hawaiian Affairs and Chairwoman of the Legislative Hawaiian Caucus, made a motion to suspend the rules to recall SB 1085 SD2 HD1 out of the Water, Land, Ocean Resources Committee jointly with the Judiciary Committee to bring the bill to a floor vote for the purpose of having another bill alive to further the discussion on protecting against the sale and transfer of “ceded lands.”

Senate Bill 1085 SD2 HD1 prohibits the sale or transfer of ceded lands until the unrelinquished claims of the native Hawaiian people are resolved, reconciliation between the State and the native Hawaiian people is no longer supported, or December 31, 2014, whichever occurs first. The bill also requires a two-thirds approval of the Legislature and compelling state interest for the sale or transfer of ceded lands, when one of the foregoing conditions occurs.

The vote required to succeed the motion was 26 and Rep. Mele Carroll’s motion fell short by 11 votes. “I know that some of my colleagues voted no because they wanted to wait and see what the House does with SB 1677 and wanted more information on SB 1085,” said Rep. Mele Carroll. “However, I’ve always been a supporter of a full moratorium and felt compelled today to take action and bring the issue to the forefront and make sure that this option is not forgotten.”

There is still another opportunity to recall this bill at a later time without suspending the rules. Only this time when it is recalled, only 17 votes in support is needed to recall it. Then we will need 26 votes to pass it off the floor and send back to the Senate for consideration.

“Although the motion failed, I am happy that I took action today, and I would do it again. We need a full moratorium on the sale and transfer of “ceded lands.” Much is lost otherwise,” said Rep. Mele Carroll. “I urge everyone to call your legislators and voice your position on this matter.”

Homesteaders speak out against exclusion from National Heritage Area process

Honolulu. Hawaiian homesteaders at today’s House Hawaiian Affairs Committee hearing spoke out against the Hawai‘i Capital Cultural Coalition’s process to create a national heritage area in Honolulu, which did not involve dialogue with the native Hawaiian homestead communities who would be affected.

“I feel strongly about this, I do not believe the people here were consulted,” said Kahealani Keahi, of Kalawahine Hawaiian Homestead and the President of Hui Maka‘ainana a Kalawahine.

House Concurrent Resolution 213 and House Resolution 183  request Hawai‘i’s Congressional Delegation to withdraw its support for the Hawai‘i Capital National Heritage Area proposed federal legislation until there has been an opportunity for native Hawaiian groups and individuals to consider the designation and express their concerns.

“This National Heritage Area is honorific, it is only a star by your name,” said Rep. Corrine Ching, who testified at the hearing. “We’ve got places you can’t find anywhere else, and we’re losing them.”

The proposed Hawai‘i Capital National Heritage Area by the Hawai‘i Capital Cultural Coalition would encompass a large ahupua‘a-like area from the Nu‘uanu Pali down to the ocean, with its easterly boundary along Punahou Street and its westerly boundary along Kalihi Street, containing within it many historically and culturally significant areas, including ‘Iolani Palace, the State Capitol, Washington Place, the Royal Mausoleum at Mauna Ala, the National Cemetery of the Pacific at Puowaina, and historic Downtown Honolulu and Chinatown.

“The process itself has not been inclusive,” Tamar deFries said in testimony in support of the House resolutions. “A key requirement of the proposed National Heritage Area designation is that the local community supports the designation and the boundaries of the proposed heritage area. Besides the arts groups which comprises part of the coalition, there have been minimum efforts to inform the affected residents. Known community stakeholders were not informed of the process until after legislation was introduced at the national level. Many community stakeholders who will be affected by this legislation know little or nothing about it.”

At the hearing, spokespeople for Hawai‘i Capital Cultural Coalition said that they had not sufficiently reached out to the native Hawaiian community and did not speak with any Hawaiian homesteaders whose homesteads would be included in the Hawai‘i Capital National Heritage Area. As a result of the discussions about House Concurrent Resolution 213 and House Resolution 183, the Hawai‘i Capital Cultural Coalition said it will now try to initiate a dialogue with the homesteaders.

“How can one make this kind of decision without talking to the people that are affected?” Rep. Mele Carroll said. “I hope this coalition rethinks its decision-making process and takes steps to include the native Hawaiian Community in their discussions. It’s about protocol and doing the right thing by consulting with the people that live in the district.”

Chinatown business owners also testified that they were not consulted at all about this National Heritage Area designation.

“We were not included in the process from the beginning and now we’re being asked to participate only because this resolution was introduced,” said Chinatown business owner Lee Stack. “I find this very troubling.”

House Concurrent Resolution 213 and House Resolution 183 passed unamended with notes in the Committee Report that the Hawai‘i Capital Cultural Coalition admitted that they did not consult with the Hawaiian Homesteaders in the proposed Heritage Area’s vicinity. Rep. Mele Carroll asked the Hawai‘i Capital Cultural Coalition to be open and start the dialogue with the Hawaiian community, especially the Hawaiian Homesteaders of that area.

House Committee on Hawaiian Affairs passes 20 resolutions

Honolulu. The House Hawaiian Affairs Committee passed 20 resolutions relating to various native Hawaiian issues. Rep. Mele Carroll is Chairwoman of the House Hawaiian Affairs Committee and Chairwoman of the Legislative Hawaiian Caucus.

House Concurrent Resolution 125 and House Resolution 103 request that the University of Hawai‘i’s Public Policy Center meets with the Kanaka Maoli Committee and adopts their recommendations regarding the Center’s review of the 2050 Sustainability Plan. UH Manoa Chancellor Virginia S. Hinshaw requested in testimony that the UH Social Sciences Public Policy Center meet with and adopt the Kanaka Maoli Committee’s recommendations. House Concurrent Resolution 125 and House Resolution 103 passed unamended.

House Concurrent Resolution 126 and House Resolution 104 request the Office of Hawaiian Affairs work with the Hawai‘inuiakea School of Hawaiian Knowledge of the University of Hawai‘i to develop a kupuna honorary degree program. House Concurrent Resolution 126 and House Resolution 104 passed with amendments, which makes clear that the Hawai‘inuiakea School of Hawaiian Knowledge works in a consulting capacity to define an appropriate naming of the “Nobel Prize” in consultation with the Education Hale of the Office of Hawaiian Affairs and an appropriate Kupuna advisory board as well as defining appropriate standards for the award.

House Concurrent Resolution 150 and House Resolution 121 urge the President of the United States and the U.S. Congress to adopt the United Nations 2007 Declaration on the Rights of Indigenous Peoples, which sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other rights. House Concurrent Resolution 150 and House Resolution 121 passed unamended.

House Concurrent Resolution 166 and House Resolution 133 request the Office of Hawaiian Affairs, with the assistance of Bishop Museum, develop a plan to implement replicas of Hawaiian Hale on the State Capitol Lawn surrounded by tropical foliage for rest areas in an effort to bring more people to the Capitol and make it a true gathering place. House Concurrent Resolution 166 and House Resolution 133 passed unamended.

House Concurrent Resolution 167 and House Resolution 134 request the UH College of Tropical Agriculture and Human Resources to study the feasibility of planting kalo, designated in 2007 as the offical plant of the State of Hawai‘i, in the reflecting pool that surrounds the State Capitol Building. House Concurrent Resolution 167 and House Resolution 134 passed with amendments, which specifies that non-GMO taro be used, that the Office of Hawaiian Affairs determines the kind of taro, and that the university’s concerns over expenses is acknowledged.

House Concurrent Resolution 183 and House Resolution 147 request the Board of Land and Natural Resources to refrain from selling, exchanging, or otherwise alienating lands in the public land trust. House Concurrent Resolution 183 and House Resolution 147 passed with amendments, which addresses the Office of Hawaiian Affairs’ concern with the use of the phrase “alienated lands” and also puts emphasis on existing State Law for entitlement rather than the 1993 Congressional Apology Resolution.

House Concurrent Resolution 213 and House Resolution 183 request Hawai‘i’s Congressional Delegation to withdraw its support for the Hawai‘i Capital National Heritage Area until there has been an opportunity for native Hawaiian groups and individuals to consider the designation and express their concerns. The proposed Hawai‘i Capital National Heritage Area by the Hawai‘i Capital Cultural Coalition would encompass a large ahupua‘a-like area from the Nu‘uanu Pali down to the ocean, with its easterly boundary along Punahou Street and its westerly boundary along Kalihi Street, containing within it many historically and culturally significant areas, including ‘Iolani Palace, the State Capitol, Washington Place, the Royal Mausoleum at Mauna Ala, the National Cemetery of the Pacific at Puowaina, and historic Downtown Honolulu and Chinatown. House Concurrent Resolution 213 and House Resolution 183 passed unamended with notes in the Committee Report that the Hawai‘i Capital Cultural Coalition admitted that they did not consult with Hawaiian Homesteaders in the proposed Heritage Area’s vicinity.

House Concurrent Resolution 229 and House Resolution 198 urge the Counties to adopt measures that provide real property tax relief for owners of kuleana lands awarded under the Kuleana Act of 1850, which was Hawai‘i’s first system of private land ownership that allowed the people of Hawai‘i to claim and obtain fee simple title to their family kuleana, or the land where their family homes were built and where they grew their food. House Concurrent Resolution 229 and House Resolution 198 passed unamended.

House Concurrent Resolution 233 and House Resolution 202 request the Governor, the Office of Hawaiian Affairs, and the Department of Hawaiian Home Lands to organize and convene a conference to begin discussions for a Hawaiian Constitutional Convention to lay the groundwork for planning, designing, delegating, and commencing a democratic process of deciding native Hawaiian self-governance. House Concurrent Resolution 233 and House Resolution 202 passed with amendments. The recommendation was to change the title and guts of the resolutions to say that the Legislature supports the Hawaiian community in organizing, planning, and convening an open, inclusive, and fair process to discuss Hawaiian self-governance. It was noted that it would be helpful if the State could provide financial resources to assist the Hawaiian community in accomplishing this endeavor.

House Concurrent Resolution 271 and House Resolution 241 urge the Governor and the Legislature to request and provide for sufficient funding for the Department of Hawaiian Home Lands. The resolutions ask the governing bodies to acknowledge the State’s trust responsibility to native Hawaiians under the Hawaiian Homes Commission Act and its Constitutional duty to provide the Department of Hawaiian Home Lands with “sufficient sums” to fund its programs, loans, and administrative and operating budget, without compelling the department to issue general leases of Hawai‘i homes to non-beneficiaries to raise revenues. House Concurrent Resolution 271 and House Resolution 241 passed with technical amendments.

U.S. Supreme Court sends ‘ceded lands’ decision back to State

Honolulu. Early this morning, the U.S. Supreme Court made the decision that the 1993 Apology Resolution by Congress does not bar the State from selling “ceded lands” until claims by Native Hawaiians to those lands are settled. The case has been sent back to the Hawai‘i Supreme Court for further proceedings.

“It is a good thing that the U.S. Supreme Court is sending the case back to the State instead of ruling in favor of the Attorney General and the Governor’s claims,” said Rep. Mele Carroll, Chairwoman of the House Hawaiian Affairs Committee and Chairwoman of the Legislative Hawaiian Caucus. “It is our kuleana, and we should resolve it here at home.”

The U.S. Supreme Court said in its ruling, “We have no authority to decide questions of Hawaiian law or to provide redress for past wrongs except as provided for by federal law. The judgment of the Supreme Court of Hawai‘i is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.”

Last year, the Hawai‘i Supreme Court ordered that there be an injunction to prevent the State from selling “ceded lands” from the public land trust. The Hawai‘i Supreme Court Justices acknowledged the State’s fiduciary duty to preserve those lands until the unrelinquished claims of Native Hawaiians have been resolved.

The Hawai‘i Supreme Court, citing the 1993 Apology Resolution by Congress as well as State legislation, said that given the crucial importance of the ‘aina to the Native Hawaiian people and their culture, their religion, their economic self-sufficiency, and their sense of personal and community well-being, any further diminishment of the “ceded lands” from the public lands trust will negatively impact the contemplated reconciliation and settlement efforts between native Hawaiians and the State.

The ruling by the U.S. Supreme Court today reverses last year’s judgment of the Hawai‘i Supreme Court because the State Justices based their decision in part on the 1993 Apology Resolution. The case now goes back to the Hawai‘i Supreme Court through further proceedings without using the 1993 Apology Resolution as grounds for a decision.

“The Legislature has an opportunity to pass a law where we can set policy to ensure that ‘ceded lands’ are not sold or transferred until the State fulfills its fiduciary responsibility and moral obligation to native Hawaiians,” Rep. Mele Carroll said.

House Committee on Hawaiian Affairs passes resolutions, Senate bills

Honolulu. The House Hawaiian Affairs Committee passed bills that provide financial assistance for Bishop Museum and ‘Iolani Palace for the acquisition of art, establishes the Museum for Hawaiian Music and Dance, adds additional organizations for the State to consult with on burial sites, and permits the Department of Hawaiian Home Lands to assign or transfer county affordable housing credits. The Committee, chaired by Rep. Mele Carroll, also passed two resolutions that request the Office of Hawaiian Affairs to convene a working group to review procedures pertaining to Native Hawaiian burial sites.

Senate Bill 602 HD2 authorizes the use of bond proceeds deposited into the State’s works of art special fund to support operations of culture and art organizations. The bill also provides financial assistance for Bishop Museum and ‘Iolani Palace for the acquisition and costs associated with works of art, which is defined to include, among other things, permanent displays of arts and live performances. Senate Bill 602 HD2 passed with technical amendments.

Senate Bill 1334 SD2 establishes the Museum for Hawaiian Music and Dance by creating an advisory committee to determine the type of institution the museum will be and its location as well as appropriates money for the design of and environmental assessment of the museum. Senate Bill 1334 SD2 passed unamended.

Senate Bill 1083 SD1 includes additional native Hawaiian organizations for the Department of Land and Natural Resources to consult with to determine whether a burial site should be preserved in place or relocated and to develop a list of candidates for the burial councils. Senate Bill 1083 SD1 passed with amendments, which adds to the list of organizations the Kamakuokalani Center for Hawaiian Studies at the University of Hawai‘i, DLNR’s Historic Preservation Division, and Hui Malama I Na Kupuna O Hawai‘i Nei.

House Concurrent Resolution 226 and House Resolution 194 request the Office of Hawaiian Affairs to convene a working group to review the system and procedures for the review of Native Hawaiian burial sites. House Concurrent Resolution 226 passed with amendments. The recommendation was to add language to the resolutions to include that the working group would work with the State DLNR Historical Preservation Division in addressing and seeking solutions to the many serious concerns that the division is faced with, for example, the lack of qualified staffing, the overwhelming unresolved cases pertaining to our kupuna iwi, and other critical issues.

Senate Bill 1268 SD2 permits the Department of Hawaiian Home Lands to assign or transfer county affordable housing credits and requires county approval within 60 days for DHHL to transfer the credits. Senate Bill 1268 SD2 passed with amendments. The recommendation was to add language clarifying that the tax credits and entitlements would only be allowed with the county’s approval. Furthermore, credits obtained in a county must be used in that same county. This measure was also amended to have a sunset of 2 years.

Third Annual Legislative Hawaiian Caucus Day at the State Capitol showcases Hawaiian culture, practices, and values

Honolulu. The 2009 Legislative Hawaiian Caucus sponsored the third annual Hawaiian Caucus Day event at the State Capitol and worked in collaboration with the Office of Hawaiian Affairs, KAHEA and Na Kahu o Haloa in efforts of educating, demonstrating, and sharing the Hawaiian culture, practices, and values.

This year’s theme was maka o lili‘u: seeing through the eyes of Queen Lili‘uokalani.

Members of the Legislative Hawaiian Caucus wore traditional Hawaiian kihei, a rectangular garment worn over one shoulder and tied in a knot.

On the House Floor, Rep. Mele Carroll, Chairwoman of the House Hawaiian Affairs Committee and Chairwoman of the Legislative Hawaiian Caucus, introduced House Resolution 292, which honored the Hawaiian Civic Club of Honolulu and the Association of Hawaiian Civic Clubs, and presented Hawaiian Civic Club leaders a certificate of recognition for their services to Native Hawaiians and the people of Hawai‘i. The recognition coincides with the Hawaiian Civic Club of Honolulu’s 90th anniversary and the Association of Hawaiian Civic Clubs’ 50th anniversary.

House Resolution 292 congratulates and commends the Hawaiian Civic Club of Honolulu and the Association of Hawaiian Civic Clubs for their outstanding contributions and commitment to perpetuating the vision of Prince Jonah Kuhio Kalaniana‘ole Pi‘ikoi.

“Our appreciation for the longstanding service and leadership that the members of the Hawaiian Civic Club of Honolulu provide to protect Hawai‘i’s future is commendable and deserves more than our applause,” Rep. Mele Carroll said.

The first Hawaiian Civic Club was created by Prince Kuhio in 1918 to ensure that Hawai‘i’s first people have an outspoken voice in their future. Prince Kuhio believed that the future of the Hawaiian community and its people could be protected and promoted only through an organized effort by Hawaiian leadership. He believed that Hawaiians should help their young people secure an education that would enable them to compete successfully in the new cultural environment introduced to Hawaii in the 19th century.

The Hawaiian Civic Club of Honolulu’s annual scholarship benefit fundraiser, Holoku Ball, has generated thousands of dollars for higher education opportunities for Hawaiians while perpetuating Hawaiian formal elegance.

In recognition of the Hawaiian Civic Club of Honolulu’s 90th anniversary and the Association of Hawaiian Civic Clubs’ 50th anniversary, Rep. Mele Carroll and Rep. Roland Sagum III presented the certificate and leis to Leimomi Khan, president of the Association of Hawaiian Civic Clubs; Leatrice Kauahi, president of the Hawaiian Civic Club of Honolulu; Anita Naone, immediate past president of the Hawaiian Civic Club of Honolulu; Momi Clark, director of the Hawaiian Civic Club of Honolulu; and Manu Boyd, past president of the Hawaiian Civic Club of Honolulu.

Education and Demonstration

As part of the day’s celebration, a Taro Festival was hosted by the Legislative Hawaiian Caucus, KAHEA and Na Kahu o Haloa on the ground floor rotunda of the State Capitol. Hundreds arrived to watch taro farmers from throughout the state participate in the largest unified gathering of Ku‘i Kalo to celebrate Hawai‘i’s living taro traditions.

The Office of Hawaiian Affairs provided lunch on the third floor: kalua pig, lau lau, squid luau, poi, chicken long rice, haupia, sweet potato and pineapple.

The third and fourth floors of the State Capitol featured informational and educational exhibits and demonstrations by Native Hawaiian Practitioners, agencies, non-profits, and community groups.

Among the exhibitors were Bishop Museum, the National Conference of State Legislatures — State Tribal Institute, Ke Ola Mamo, Popoho Na Pe‘a, Kawakini NC Charter School, Ho‘okako‘o Corporation, Ko‘olaupoko Hawaiian Civic Club, Kalo‘oiwi, Creations of Hawai‘i, Alu Like, Inc., Tom “Pohaku” Stone, Ka Huli Ao: Native Hawaiian Center for Excellence in Native Hawaiian law, Kamehameha Schools, Hawai‘i Tourism Authority, SMG Hawai‘i Convention Center, ‘Iolani Palace, Ko‘olauloa HCC, Kahana Valley Community Association, Hakipiu Learning Center, Kaho‘olawe Island Reserve, Native Hawaiian Legal Corporation, DOCARE, Royal Order of Kamehameha I, Martha’s Lei Stand, Association of Hawaiian Civic Clubs, King Kamehameha Celebration, Kokua Ohana, Moloka‘i Community Health Center, Kanaka Council, Partnership Alliance, Council for Native Hawaiian Advancement, and Pa‘u Drapings.

Legislative Hawaiian Caucus Day celebrated at State Capitol

Members of the Legislative Hawaiian Caucus pose for a group picture after a Kukakuka meeting in January. The Legislative Hawaiian Caucus is composed of 28 members for the 2009 session, the largest membership it has ever had.

Honolulu. The 2009 Legislative Hawaiian Caucus celebrates its annual festivities today at the State Capitol on Tuesday, March 24 from 10:00 a.m. to 4:00 p.m.

The purpose of this event is to honor, preserve, and perpetuate Native Hawaiian culture through education and demonstration.

As part of the celebration, the O‘ahu Taro Festival will take place on the State Capitol’s ground level Rotunda with a special presentation at 11 a.m. Taro lovers from throughout Hawai‘i will unite to ku‘i kalo – traditional taro pounding and poi making. The festival will also feature education booths, music, art, games, food and cultural demonstrations.

The third and fourth floors of the State Capitol will also feature informational and educational exhibits and demonstrations by Native Hawaiian Practitioners, agencies, non-profits, and community groups.

LEGISLATIVE HAWAIIAN CAUCUS DAY

When: Tuesday, March 24, 2009 from 10:00 a.m. to 4:00 p.m.

Where: Hawai‘i State Capitol

 

 

The Legislative Hawaiian Caucus is composed of 28 members for the 2009 session, the largest membership it has ever had: Rep. Mele Carroll (Chair), Sen. J. Kalani English (Vice-Chair), Sen. Clayton Hee, Sen. Brickwood Galuteria, Sen. Michelle Kidani, Sen. Norman Sakamoto, Sen. Suzanne Chun-Oakland, Rep. Karen Awana, Rep. Pono Chong, Rep. Faye Hanohano, Rep. Hermina Morita, Rep. Roland Sagum III, Rep. James Kunane Tokioka, Rep. Chris Lee, Rep. Maile Shimabukuro, Rep. Sharon E. Har, Rep. Lyla B. Berg, Rep. Angus McKelvey, Rep. Joe Bertram, Rep. Joey Manahan, Rep. Cindy Evans, Rep. Cindy Evans, Rep. Tom Brower, Rep. Jessica Wooley, Rep. Lynn Finnegan, Rep. Scott Saiki, Rep. Sylvia Luke, Rep. Della Au Bellatti, and Rep. Gene Ward.

Rep. Mele Carroll’s Legislative Resolutions

Honolulu. Rep. Mele Carroll introduced the following resolutions for the 2009 Legislative Session:

HCR74
Requesting the Legislative Reference Bureau in consultation with the State Board of Massage Therapy to study massage therapy licensure standards and procedures of other states and whether Hawai‘i’s laws prevent qualified massage therapists educated and trained in another state from practicing in Hawai‘i.

HCR75
Requesting the United States Postal Service to issue a stamp honoring Prince Jonah Kuhio Kalani‘anaole.

HCR80
Requesting that the Governor withdraw the State’s petition for writ of certiorari in Hawaii v. Office of Hawaiian affairs, no. 07-1372 in the Supreme Court of the United States.

HCR81
Requesting withdrawal of the State’s appeal pending before the United States Supreme Court in Hawaii v. Office of Hawaiian Affairs, no. 07-1372.

HCR125
Requesting the University of Hawai‘i’s public policy center to meet with, and adopt the recommendations of the Kanaka Maoli Committee with respect to the center’s review of the 2050 Sustainability Plan.

HCR126
Requesting the Office of Hawaiian Affairs to work with the Hawai‘i Nuiakea School of Hawaiian knowledge of the University of Hawai‘i to develop a kupuna honorary degree program.

HCR127
Requesting the Chief Election Officer to carry out various tasks to ensure that voting ballots are secured and counted accurately.

HCR128
Requesting review of existing reports and studies related to aspartame and rescission of approval of aspartame for United States markets.

HCR177
Requesting the Department of Agriculture to explore and develop incentives and preferences for small farmers to allow them to expand and continue to contribute to the food self-sufficiency of the state.

HCR178
Requesting the Department of Education to transfer the Old Keanae School to the Department of Land and Natural Resources.

HCR179
Expressing support for the United States geological survey report, “the coral reef of south Moloka‘i, Hawai‘i: portrait of a sediment threatened fringing reef”, and encouraging federal, state, and community cooperation to steward the South Moloka‘i Reef Fishery.

HCR180
Urging the Office of Elections to not transmit vote information over telephone lines and the internet.

HCR181
Requesting the Department of Hawaiian Home Lands to determine the feasibility of establishing early childhood education centers in each of its homestead communities.

HCR182
Requesting the Department of Land and Natural Resources to determine whether Makapipi Stream is being sufficiently protected in the public interest.

HCR183
Requesting the Board of Land and Natural Resources to refrain from selling, exchanging, or otherwise alienating lands in the public land trust.

HCR184
Requesting the state building code council to adopt standards and criteria to allow the use of bamboo as an accepted construction material under the state building code.

HCR226
Requesting the Office of Hawaiian Affairs to convene a working group to review the system and procedures for the review of Native Hawaiian Burial Sites.

HCR227
Urging the Department of Transportation to reconsider its lease prices with rental car agencies at Moloka‘i Airport.

HCR228
Urging the public utilities commission to not allow Young Brothers, Ltd., to discontinue less-than-container-load shipping to and from Maui, Moloka‘i, and Lana‘i.

HCR229
Urging the counties to adopt measures that provide real property tax relief for owners of kuleana lands.

HCR232
Requesting the Department of Land and Natural Resources and the Department of accounting and general services to conduct an independent appraisal of Moloka‘i properties limited’s landholdings on the island of Moloka‘i.

HCR233
Requesting the governor, the Office of Hawaiian affairs, and the Department of Hawaiian Home Lands to organize and convene a conference to begin discussions for a Hawaiian Constitutional Convention.

HCR234
Requesting the Department of Land and Natural Resources to designate all state waters and submerged lands within an irregular line of five miles offshore that is parallel to the contours of Moloka‘i’s shoreline as the Moloka‘i community-based subsistence fishing area.

HCR235
Requesting the Department of Land and Natural Resources to give priority to state leases for agricultural and ranching operations over state leases for energy facility operation projects with respect to lease extensions and renewals.

HCR236
Requesting the Board of Education to exempt public schools on Moloka‘i from the single school calendar.

HCR237
Requesting the Department of Hawaiian Home Lands to conduct a study on the feasibility of establishing early childhood education centers in Hawaiian homestead communities.

HCR238
Requesting the Department of the Attorney General to investigate and assist in the resolution of the issue of ownership of Ulalena Loop Road.

HCR239
Urging the Department of Land and Natural Resources to allocate funds for beautification and restoration projects on East Maui to eliminate invasive species, restore instream flows, and provide for additional conservation and resources enforcement personnel.

HCR240
Requesting the Department of Human Services to determine the feasibility of increasing the board payment rate for foster boarding home parents, group homes, and child caring institutions.

HCR241
Declaring October 11th a State Holiday in honor of blessed Damien.

HCR270
Requesting that the Department of Taxation undertake a study to determine the feasibility of exempting from the general excise tax imposed under chapter 237, Hawai‘i Revised Statutes, less than container load shipping to the islands of the County of Maui.

HCR271
Urging the governor and the Legislature to request and provide for sufficient funding for the Department of Hawaiian homesteads.

HR60
Requesting the Legislative Reference Bureau in consultation with the State Board of Massage Therapy to study massage therapy licensure standards and procedures of other states and whether Hawai‘i’s laws prevent qualified massage therapists educated and trained in another state from practicing in Hawai‘i.

HR61
Requesting the United States Postal Service to issue a stamp honoring Prince Jonah Kuhio Kalani‘anaole.

HR62
Requesting that the governor withdraw the state’s petition for writ of certiorari in Hawai‘i v. Office of Hawaiian Affairs, no. 07-1372 in the Supreme Court of the United States.

HR63
Requesting withdrawal of the State’s appeal pending before the United States Supreme Court in Hawai‘i v. Office of Hawaiian affairs, no. 07-1372.

HR103
Requesting the University of Hawai‘i’s Public Policy Center to meet with, and adopt the recommendations of the Kanaka Maoli Committee with respect to the center’s review of the 2050 Sustainability Plan.

HR104
Requesting the Office of Hawaiian Affairs to work with the Hawaii‘nuiakea School of Hawaiian Knowledge of the University of Hawai‘i to develop a kupuna honorary degree program.

HR105
Requesting the Chief Election Officer to carry out various tasks to ensure that voting ballots are secured and counted accurately.

HR141
Requesting the Department of Agriculture to explore and develop incentives and preferences for small farmers to allow them to expand and continue to contribute to the food self-sufficiency of the State.

HR142
Requesting the Department of Education to transfer the Old Keanae School to the Department of Land and Natural Resources.

HR143
Expressing support for the United States geological survey report, “the coral reef of South Moloka‘i, Hawai‘i: portrait of a sediment threatened fringing reef”, and encouraging federal, state, and community cooperation to steward the South Moloka‘i Reef Fishery.

HR144
Urging the Office of Elections to not transmit vote information over telephone lines and the Internet.

HR145
Requesting the Department of Hawaiian Home Lands to determine the feasibility of establishing early childhood education centers in each of its homestead communities.

HR146
Requesting the Department of Land and Natural Resources to determine whether Makapipi Stream is being sufficiently protected in the public interest.

HR147
Requesting the Board of Land and Natural Resources to refrain from selling, exchanging, or otherwise alienating lands in the public land trust.

HR148
Requesting the State Building Code Council to adopt standards and criteria to allow the use of bamboo as an accepted construction material under the state building code.

HR194
Requesting the Office of Hawaiian Affairs to convene a working group to review the system and procedures for the review of native Hawaiian burial sites.

HR195
Requesting review of existing reports and studies related to aspartame and recission of approval of aspartame for United States markets.

HR196
Urging the Department of Transportation to reconsider its lease prices with rental car agencies at Moloka‘i Airport.

HR197
Urging the Public Utilities Commission to not allow Young Brothers, Ltd., to discontinue less-than-container-load shipping to and from Maui, Moloka‘i, and Lana‘i.

HR198
Urging the counties to adopt measures that provide real property tax relief for owners of kuleana lands.

HR201
Requesting the Department of Land and Natural Resources and the Department of Accounting and General Services to conduct an Independent Appraisal of Moloka‘i Properties Limited’s landholdings on the island of Moloka‘i.

HR202
Requesting the governor, the Office of Hawaiian affairs, and the Department of Hawaiian home lands to organize and convene a conference to begin discussions for a Hawaiian Constitutional Convention.

HR203
Requesting the Department of Land and Natural Resources to designate all state waters and submerged lands within an irregular line of five miles offshore that is parallel to the contours of Molokai’s shoreline as the Moloka‘i community-based subsistence fishing area.

HR204
Requesting the Department of Land and Natural Resources to give priority to state leases for agricultural and ranching operations over state leases for energy facility operation projects with respect to lease extensions and renewals.

HR205
Requesting the Board of Education to exempt public schools on Moloka‘i from the single school calendar.

HR206
Requesting the Department of Hawaiian Home Lands to conduct a study on the feasibility of establishing early childhood education centers in Hawaiian homestead communities.

HR207
Requesting the Department of the Attorney General to investigate and assist in the resolution of the issue of ownership of Ulalena Loop Road.

HR208
Urging the Department of Land and Natural Resources to allocate funds for beautification and restoration projects on East Maui to eliminate invasive species, restore instream flows, and provide for additional conservation and resources enforcement personnel.

HR209
Requesting the Department of Human Services to determine the feasibility of increasing the board payment rate for foster boarding home parents, group homes, and child caring institutions.

HR210
Declaring October 11th a State holiday in honor of Blessed Damien.

HR240
Requesting that the Department of Taxation undertake a study to determine the feasibility of exempting from the general excise tax imposed under chapter 237, Hawai‘i Revised Statutes, less than container load shipping to the islands of the County of Maui.

HR241
Urging the governor and the Legislature to request and provide for sufficient funding for the Department of Hawaiian Homesteads.

House Committee on Hawaiian Affairs passes five Senate bills

Honolulu. Today, the House Hawaiian Affairs Committee passed five Senate bills pertaining to the State’s proper use of the Hawaiian language, a prohibition on genetically engineered taro, resolving claims due to the Office of Hawaiian Affairs, prohibiting the sale of “ceded lands,” and extending the sunset date for the ‘Aha Kiole Advisory Committee.

Senate Bill 1108 allows the ‘Aha Kiole Advisory Committee to continue its mission beyond 2009 for two more years. ‘Aha Kiole was established in 2007 with the purpose of fostering understanding and practical use of knowledge, including native Hawaiian methodology and expertise, to assure responsible stewardship and awareness of the interconnectedness of the clouds, forests, valleys, land, streams, fishponds, and sea.

“I think it’s a good thing that in the mokus we are taking a grassroots approach and gathering data from the community on what is the best way to structure the ‘Aha Moku Councils,” said Rep. Mele Carroll, Chairwoman of the House Hawaiian Affairs Committee. “The extension of the sunset date will allow time for the ‘Aha Kiole Advisory Committee to bring forth the information to the Legislature and implement the process.”

Senate Bill 1108 passed unamended today. Rep. Mele Carroll encouraged the Office of Hawaiian Affairs to participate and assist the ‘Aha Kiole Advisory Committee to help bridge and bring the people together in efforts of accomplishing the mission of creating the ‘Aha Moku Councils.

Senate Bill 579 SD2 aims to ensure the constitutionally and ethically-mandated preservation of the Hawaiian language and culture by requiring newly created State and County letterheads, symbols, and emblems to contain the accurate, appropriate, and authentic Hawaiian names and language. Senate Bill 579 SD2 passed with amendments, which removes documents from the provision to reflect the intent of the bill, which mirrors the House Bill 1666 HD1 version.

Senate Bill 709 SD2 states that no genetically engineered taro shall be developed, tested, propagated, released, imported, planted, or grown in Hawai‘i. Senate Bill 709 SD2 passed with amendments to Section 1, pg. 5, lines 3-6, to include: “This Act does not prevent the University of Hawai‘i from conducting field testing and commercial propagation of successful new varieties of taro outside the State, [amended language in italics] excluding any named or unnamed taro whose lineage has been determined to be Hawaiian.”

Furthermore, the House Committee on Hawaiian Affairs amended Section 2, §-1, to include: “’Hawaiian taro’ means the following varieties of taro: aweu, man aula, mana opelu, mana weo, mana ulaula, mana lauloa, mana keokeo, mana kukuluhema, piko lehua-apei, piko ulaula, piko kea, piko keokeo, piko uaua, piko uliuli, piko eleele, elepaio, uahiapele, manapiko, kai uliuli, kai ala, kai kea, apuwai, apu, piialii, paakai, moana, lauloa eleele-omao, lauloa eleele-ula, lauloa palakea-eleele, lauloa palakea-ula, lauloa palakea-papamu, lauloa palakea-keokeo, lauloa keokeo, eleele makoko, eleele naioea, manini-owali, kumu-eleele, nawao, ulaula kumu, ulaula poni, ulaula moano, oopukai, manini uliuli, manini kea, papakolea-koae, ula, nihopuu, manini-opelu, hinupuaa, ohe, lehua maoli, lehua keokeo, lehua eleele, lehua palaii, apowale, wehiwa, papapueo, kuoho, leo, maea, haokea, kalalau, hapuu, laaloa, lauloa, uliuli, lihilihimolina, mana eleele, mana okoa, moi, oene, pikoele, pololu, Maui lehua, red moi, and any named or unnamed taro whose lineage has been determined to be Hawaiian.”

Senate Bill 995 SD2 resolves claims and disputes relating to the portion of income and proceeds from the lands of the public land trust for use by OHA between November 7, 1978 and July 1, 2009. Senate Bill 995 SD2 passed with amendments, which removes all the properties except Kaka‘ako Makai property. The bill was also changed to look like House Bill 901 HD2 with the exceptions of adding $200 million in value of the settlement.

Senate Bill 1085 SD2 prohibits the sale or transfer of “ceded lands.” Senate Bill 1085 SD2 was passed with amendments where the effective date of July 1, 2050 was changed to “upon its approval this bill will take effect.”

Legislative Hawaiian Caucus holds meeting on DHHL funding

Honolulu. Today, Native Hawaiian Legal Corporation attorney Alan Murakami presented information to members of the Legislative Hawaiian Caucus, chaired by Rep. Mele Carroll, on the State’s obligation in funding the Department of Hawaiian Homelands.

“If you look at DHHL funding, both in the CIP and in the general budget, I think you’ll see that the funding has not been adequate in either area,” Murakami said. “If you look at the DHHL operating budget, we’re saying that is not adequate. Zero dollars is insufficient.”

Defunding of the general fund budget of DHHL, as proposed by the Lingle Administration is a violation of Article XII, Section 1 of the Hawai‘i Constitution, Murakami told Caucus members.

The provision in the Constitution says that the Legislature shall make sufficient sums available for the administration and operating budget of the Department of Hawaiian Home Lands.

Murakami said that DHHL has received less than 1.6 percent of the State’s general budget since the Hawaiian Homes Commission Act was established.

The DHHL waiting list today is up to 23,500 applicants, up 200 percent since 1978, with 1,700 who have been waiting for over 30 years.

“How can we say the spirit of the Hawaiian Homes Commission Act was being faithfully administered when we have forgotten as a State that we are supposed to fund this department,” Murakami said.

DHHL Director Micah Kane, who attended today’s Caucus meeting, did not comment on the presentation.

Rep. Mele Carroll said that the Legislative Hawaiian Caucus will facilitate a continued discussion in writing between Caucus members, DHHL, and Murakami.

The Legislative Hawaiian Caucus is composed of 28 members for the 2009 session, the largest membership it has ever had: Rep. Mele Carroll (Chair), Sen. J. Kalani English (Vice-Chair), Sen. Clayton Hee, Sen. Brickwood Galuteria, Sen. Michelle Kidani, Sen. Norman Sakamoto, Sen. Suzanne Chun-Oakland, Rep. Karen Awana, Rep. Pono Chong, Rep. Faye Hanohano, Rep. Hermina Morita, Rep. Roland Sagum III, Rep. James Kunane Tokioka, Rep. Chris Lee, Rep. Maile Shimabukuro, Rep. Sharon E. Har, Rep. Lyla B. Berg, Rep. Angus McKelvey, Rep. Joe Bertram, Rep. Joey Manahan, Rep. Cindy Evans, Rep. Cindy Evans, Rep. Tom Brower, Rep. Jessica Wooley, Rep. Lynn Finnegan, Rep. Scott Saiki, Rep. Sylvia Luke, Rep. Della Au Bellatti, and Rep. Gene Ward.

House passes bill to address contractors acting without a license

Honolulu. Last night, a bill introduced by Rep. Mele Carroll to address contractors acting on the work site without a license passed Third Reading in the House with one no vote.

House Bill 654 HD1 requires the issuance of citations and cease and desist orders in cases where an investigator personally observes and determines that a person is acting as a contractor without a license in good standing. The bill also allows for the state to issue citations and to order the person in violation to cease work immediately.

In a situation where an investigator does not personally observe but determines that a person is acting in the capacity of, or engaging in the business of, a contractor without having any license in good standing, the investigator may issue a citation to that person.

“This bill protects businesses as well as consumers that legitimately contract their work out to licensed contractors from people who are defrauding the system,” Rep. Mele Carroll said. “It also protects those unlicensed workers from harm should they get hurt on the job because they are not covered properly by insurance.”

HB654 HD1 also raises current fines from $500 on the first offense and $1,000 on the second offense to $2,500 on the first offense and $3,500 on the second offense.

“What it does is discourage contractors from using unlicensed sub-contractors knowing that the penalty is going to be stiffer,” said Kawika Kamai, owner of Hawai‘i Drywall and Plastering and a constituent from Haiku Maui. “Right now, they don’t have enough personnel to check on what’s going on.”

HB654 HD1 has been transmitted to the Senate.

Rep. Mele Carroll is Chairwoman of the House Hawaiian Affairs Committee and Chairwoman of the Legislative Hawaiian Caucus.

House passes bills pertaining to OHA, Hawaiian fishponds

Honolulu. Among the bills relating to native Hawaiians that passed Third Reading in the House today were bills pertaining to the Office of Hawaiian Affairs and Hawaiian fishponds.

In February, Rep. Mele Carroll travelled to hear testimony in Moloka‘i, Maui, Kona, Hilo, and Kaua‘i on House Bill 901 HD2. The bill, which passed the House with one no vote, allows the State to make progress toward meeting part of its constitutional obligation to Native Hawaiians by addressing the additional amount of income and proceeds that the Office of Hawaiian Affairs is to receive from the public trust pursuant to article XII, sections 4 and 6, of the Hawai‘i Constitution, for the period from November 7, 1978, to July 1, 2008.

“This is a 30 year fight that we want to address today,” Rep. Mele Carroll said of HB901 HD2.

HB899, which clarifies and strengthens OHA’s bond authority, passed Third Reading in the House with none voting no. The bill addresses revenue bond provisions of chapter 10, Hawai‘i Revised Statutes, which have not been updated since their enactment in 1978, to better reflect current government bond practices to ensure that OHA has maximum independence in issuing bonds. Although OHA has never issued revenue bonds in the past, current state and national economies have created a renewed impetus for OHA to seek alternative sources of funding for its projects.

HB1665 HD1, which prohibits the sale of public lands on which government-owned Hawaiian fishponds are located, passed the House unanimously. The current law allows for the state to investigate and develop scientific commercial management practices for government-owned Hawaiian fishponds and reconstruct, rehabilitate, improve and stock the fishponds. The bill would amend the law to also say that the State “may not sell public land on which government-owned Hawaiian fishponds are located.”

House of Representatives passes taro security bill

Honolulu. The House passed a bill introduced by Rep. Mele Carroll that would prohibit the development, testing, propagation, release, importation, planting, or growing of genetically modified Hawaiian taro in the state. House Bill 1663 HD1 also prohibits certain activities related to genetically modified non-Hawaiian taro.

“We were able to feed our people for generations,” said Rep. Mele Carroll. “Researchers should look at Hawaiian practices and determine the real causes of crop depletion.”

In 2008, the State Legislature established the two-year taro security and purity task force under Act 211, Session Laws of Hawai‘i 2008, to address non GMO alternatives to taro farmer issues, including land and water concerns, threats from pests, diseases and taro imports, educational opportunities, and economic issues. In November of 2008, the county of Hawai‘i passed Ordinance No. 361 banning the testing, propagating, cultivating, raising, planting, growing, introduction, or release of genetically modified taro on that island.
The purpose of this HB1663 HD1 is to further protect the cultural integrity of kalo as part of the heritage of the Hawaiian people and the State; the genetic biodiversity and integrity of Hawaiian taro varieties in the State as part of the sacred trust between the State and the indigenous peoples of Hawaii; and Hawai‘i taro farmers’ raw taro, poi, lu‘au, and value-added markets, by establishing a ban on developing, testing, propagating, releasing, importing, planting, and growing of genetically modified Hawaiian taro in the State of Hawai‘i. Any person who violates the ban shall be guilty of a petty misdemeanor.
HB1663 HD1 passed Third Reading in the House with one no vote.

Authentic Hawaiian Language Bill sees passage on third reading

Honolulu. In accordance with the Hawai‘i State Constitution, which recognizes both the English and Hawaiian languages, a bill introduced by Rep. Mele Carroll would ensure the proper use and spelling of the Hawaiian language in official uses.

“We need to support the host culture. We need to support our native people here,” Rep. Mele Carroll said. “We don’t want our culture to disappear either and the best way to preserve it is through the language.”

HB 1666 HD1 requires that all state and county letterheads, emblems, and symbols, when newly created, replaced, reprinted, or otherwise revised, contain the accurate, appropriate, and authentic Hawaiian names and language.

The bill allows for current state emblems and symbols currently in existence to remain in their current forms until a replacement is required.

HB 1666 HD1 passed Third Reading unanimously today with none voting no and has been transmitted to the Senate.

Rep. Mele Carroll is Chairwoman of the Hawaiian Affairs Committee and Chairwoman of the Legislative Hawaiian Caucus.

House approves Maui Office of Veterans’ Services position

Honolulu. A bill making an appropriation for the Maui Office of Veterans’ Services passed Third Reading in the State House of Representatives today.

House Bill 658 HD1, introduced by Rep. Mele Carroll, appropriates money out of the State’s general revenues for one additional full-time veterans’ counselor position for the Maui Office of Veterans’ Services.

“Having met with veteran organization leaders, I’ve seen firsthand the amazing task of providing services for our veterans here on Maui,” Rep. Mele Carroll said. “It is essential that Maui’s office obtain another councilor to assist with the work load.”

The Office of Veterans’ Services is instrumental in helping Hawai‘i’s veterans receive the benefits and care to which they are entitled.

Rep. Mele Carroll is the Chairwoman of the House Hawaiian Affairs Committee and Chairwoman of the Legislative Hawaiian Caucus.

House Committee on Hawaiian Affairs passes Senate bill on ‘ceded lands’

Honolulu. The House Hawaiian Affairs Committee passed Senate Bill 1677 SD1, pertaining to the sale of “ceded” and public lands. The bill requires a two-thirds majority vote of the Legislature to sell or exchange certain public lands.

“Although I support, and this Committee supported, a full moratorium of the sale and transfer of ‘ceded lands,’ I’d like to keep SB1677 SD1 alive for the purpose of having a vehicle to work with in furthering the discussion,” said Rep. Mele Carroll, Chairwoman of the House Hawaiian Affairs Committee. “I do know that there is another vehicle, SB1085 SD1, which is being heard in the Senate Judiciary Committee and we anticipate will crossover to the House, which has language for a full moratorium for 5 years. My hope is that we will have another opportunity to visit and work on language for full moratorium legislation affirming the ruling of the Hawai‘i State Supreme Court.”

Under SB1677 SD1, the selling or exchange of “ceded lands” would require the adoption of a concurrent resolution by two-thirds majority vote of each house in the Legislature.

“We need to keep our options open, especially since this Committee passed out four bills (HB1667, HB1805, HB1841, HB902), which addresses the issue of a moratorium on the sale and transfer of the ‘ceded lands,’” Rep. Mele Carroll said. “These bills were stalled in the WLO Committee at the direction of the House Leadership. We may not be able to get the votes in the House on a full moratorium. Therefore, I feel it is necessary to have a measure move forward that offers a compromise as well, which will give us options.”

Rep. Mele Carroll added and noted in her committee report that public hearings be held across the state before a decision is voted on, if this legislation becomes law where the two-thirds majority is required.

Association of Hawai‘i Civic Clubs President Leimomi Kahn testified in support with some reservations of SB1677 SD1, but also urged the Legislature to consider legislation that clearly establishes a full moratorium on the sale or transfer of “ceded lands.”

Other testifiers in support of the bill included students from Halau Lokahi Public Charter School, Hawai‘i Government Employees Association, Na Koa Ikaika O Ka Lahui Hawai‘i, Ali‘i Pauahi Hawaiian Civic Club, and individuals.

The Kekumano Foundation and a representative who testified on behalf of Abigail Kawananakoa opposed the bill.

“As a Hawaiian, I believe that it is not the kuleana to do what they [the State] are doing with the land,” said student Pomai Kailani. “I would like this bill to pass so that future generations can practice their culture.”

SB1677 SD1 was passed unamended in the House Committee on Hawaiian Affairs and will go to the full body for a vote, then referred to the Committee on Water, Land & Ocean Resources jointly with the House Committee on Judiciary.

Ku I Ka Pono Vigil & Rally

 

A Ku I Ka Pono Vigil and Rally is being held at the State Capitol on Wednesday, February 25 from 4:00 a.m. to 4:00 p.m. in recognition of the U.S. Supreme Court Hearing on “ceded lands.”

Kumu Hula are invited to bring your pahu, ipu and olapa. Vigil organizers ask that you bring ohana, sleeping bags, posters, flags, your own food and drinks, and wear your red Ku I Ka Pono T-shirt.

‘Ceded lands’: House adopts Resolution asking Gov. Lingle to withdraw appeal to U.S. Supreme Court

Honolulu. Today, the House adopted Senate Concurrent Resolution 40, which urges Gov. Linda Lingle and Attorney General Mark Bennett to withdraw the appeal to the U.S. Supreme Court of the Hawai‘i Supreme Court’s decision to place a moratorium on the selling of “ceded lands” until reconciliation is reached with Native Hawaiians.

“One of the reasons why we are supporting this measure is because it’s the first time a state governor has ever challenged its state supreme court,” Rep. Mele Carroll said on the House floor. “If we’re going to talk about transparency, Gov. Lingle never spoke to the people before filing its appeal to the U.S. Supreme Court.”

As Chair of the Hawaiian Affairs Committee, Rep. Mele Carroll sat through many debates and interacted with the community, Hawaiian leaders, and State officials. With the start of the 2009 Legislative Session, Rep. Mele Carroll had discussions with Gov. Linda Lingle, Attorney General Mark Bennett, Department of Hawaiian Home Lands Chair Micah Kane, Office of Hawaiian Affairs Trustees Haunani Apoliana, Walter Heen, Oswald Ostender, Collette Machado, and Robert Lindsey, OHA’s Administrator Clyde Namu‘o as well as OHA’s attorney Bill Maheula, regarding the appeal to the U.S. Supreme Court on “ceded lands.”

Other members of the Hawaiian community who Rep. Mele Carroll had discussions with about the moratorium are the Royal Order of Kamehameha Ali‘i Nui Clifford Hashimoto and members, Hawai‘i attorney Sherry Broder, The Reinstated Hawaiian Government Prime Minister Henry Noa, Aha Kiole Representatives, Association of Hawaiian Civics Clubs President Leimomi Kahn, and Kumu Hula Vicky Holt-Takamine of Iliuokalani, among many others.

On the floor, Rep. Angus McKelvey, in strong support of SCR40, reminded lawmakers that the “ceded lands” issue is one that affects all of Hawai‘i’s people and the State’s future generations. “The reconciliation process will bring everyone, Hawaiians and non-Hawaiians, together,” he said.

Rep. Maile Shimabukuro, who also voted in support of SCR40, said to lawmakers who said they were not yet familiar with the issue that extensive measures had been made by the Legislative Hawaiian Caucus and the media to educate the public on the significance of a U.S. Supreme Court decision on “ceded lands.”

Rep. Mele Carroll told the House that SCR40 and the Hawai‘i Supreme Court’s decision does not challenge any title to “ceded lands” and that it is simply a statement of policy, which supports a moratorium on the selling of those lands until the reconciliation process with Native Hawaiians, as directed by Congress and by Hawai‘i’s Legislature, can take place.

“This timing is crucial,” Rep. Mele Carroll said. “We need this resolution as we go to the U.S. Supreme Court.”

The U.S. Supreme Court hears opening testimony on the appeal on February 25.

SCR40 has been adopted in its final form by both the House and the Senate and certified copies will be transmitted to the Governor and the Attorney General.

SCR40
URGING THE GOVERNOR AND THE ATTORNEY GENERAL TO WITHDRAW THE APPEAL TO THE UNITED STATES SUPREME COURT OF THE HAWAII STATE SUPREME COURT DECISION, OFFICE OF HAWAIIAN AFFAIRS V. HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII, 117 HAWAII 174 (2008).

House Committee on Hawaiian Affairs passes taro security bill

 

Honolulu. The House Hawaiian Affairs Committee passed House Bill 1663 yesterday after receiving over 500 testimonies on the issue of taro security. HB 1663 prohibits the development, testing, propagation, release, importation, planting, or growing of genetically modified taro in the State of Hawai‘i.

 

Following testimony, Rep. Mele Carroll, Chair of the House Hawaiian Affairs Committee asked University of Hawai‘i spokesman Kevin Malley, who supports bio technology GMO, why UH has not focused on traditional native Hawaiian practices that worked for our ancestors and provided enough food to feed the population. 

 

“Why aren’t we looking at what practices has worked in the past, and why aren’t we identifying today’s challenges and what is the best practices to protect taro’s impurities as well as taro security?” Rep. Mele Carroll asked.

 

Malley replied that researchers have not looked into native Hawaiian practices because their goal is to explore possibilities and maybe could be driven by economics and funding.  Scientists are curious about how they feel is the best way to protect and increase productivity of the taro for the purpose of economics.

 

Jim Cain, a taro farmer from the Big Island, handed out Waipi‘o taro to the committee members, saying that taro is a “priceless treasure” for Native Hawaiians.

 

“Thank you Mele for standing up,” Cain said. “You have 200 taro farmers and over 500 testimonies in front of you from around the state in support of this bill.”  

 

The House Hawaiian Affairs Committee also passed the following bills today:

 

·        HB899 — Clarifies and strengthens the Office of Hawaiian Affairs’ bond authority.

 

·        HB1612 — (Passed with Amendments) Permits the Department of Hawaiian Home Lands to receive and subsequently assign, transfer or exchange county affordable housing credits.

 

·        HB1015 — Enables the Department of Hawaiian Home Lands to begin construction on affordable housing projects without having the full and final amount of the capital costs on hand at the beginning of the project.

 

·        HB1666– (Passed with Amendments) Requires that all letterheads, documents, symbols, and emblems of the State and other political subdivisions include both State languages.

 

·        HB901– (Passed with Amendments) Amends the law to provide for the Office of Hawaiian Affairs to receive a portion of the income and proceeds from land in the public land trust.

 

A bill pertaining to the Kupuna Honorary Degree Program, HB1796, which requires the Office of Hawaiian Affairs to develop and administer the program that awards the pohaku degree, intended to be Hawai‘i’s equivalent to the Nobel prizes, to eligible Hawaiian kupuna worldwide was deferred and will be presented by the Legislature as a resolution. 

 

This bill was deferred because the Office of Hawaiian Affairs asked that a resolution be introduced for the purpose of providing a timeline to plan and implement this Kupuna Honorary Degree Program.

 

Representative Mele Carroll to appear as panelist on KITV4 discussion

KITV4 Panel Discussion on “Ceded Lands”
When: Friday, February 20 at 7 p.m.

Honolulu. Representative Mele Carroll, Chairwoman of the House Hawaiian Affairs Committee & Chairwoman of the Legislative Hawaiian Caucus, will speak as a panelist for a live television discussion regarding the pending U.S. Supreme Court certiorari petition.

Chairwoman, Rep. Mele Carroll united 28 members of the Legislature to serve on the Legislative Hawaiian Caucus which consists of six State Senators and twenty-two State Representatives. In late January 2009, the caucus supported a full moratorium on ceded lands and introduced a bill that became the caucus priority as part of a legislative package. The legislation supports the Hawai‘i State Supreme Court decision that prevents the State from selling “ceded lands” until reconciliation with Native Hawaiians is achieved.

Rep. Mele Carroll also provided an ongoing forum through the Legislative Hawaiian Caucus “Kukakuka” meetings as well as heard and passed out four bills that addressed the moratorium issue that involved the public in the discourse and allowed lawmakers to hear arguments from different sides of the “ceded lands” debate.

With the start of the 2009 Legislative Session, Rep. Mele Carroll met with Gov. Linda Lingle, Attorney General Mark Bennett, Department of Hawaiian Home Lands Chair Micah Kane, Office of Hawaiian Affairs Trustees Haunani Apoliana, Walter Heen, Oswald Ostender, Collette Machado, and Robert Lindsey, OHA’s Administrator Clyde Namu‘o as well as OHA’s attorney Bill Maheula.

Other members of the Hawaiian community that Rep. Mele Carroll included in the discussions regarding the ceded lands moratorium are the Royal Order of Kamehameha Ali‘i Nui Clifford Hashimoto and members, Hawai‘i attorney Sherry Broder, The Reinstated Hawaiian Government Prime Minister Henry Noa, Aha Kiole Representatives, Association of Hawaiian Civics Clubs President Leimomi Kahn, Kumu Hula Vicky Holt-Takamine of Iliuokalani and many other concerned community members.

Appearing on Friday’s panel discussion with Rep. Mele Carroll are former Gov. John Waihee, Senate President Colleen Hanabusa, and Office of Hawaiian Affairs President Haunani Apoliona with moderator Skylark Rossetti. The discussion will also be broadcast online at www.kitv.com.

House Hawaiian Affairs Committee to make decision on OHA bill

Honolulu. A House Hawaiian Affairs Committee will meet for decision making on House Bill 901 on Wednesday, February 18, 2009 at 11 a.m.

The purpose of HB901 is to allow the State to make progress toward meeting part of its constitutional obligation to Native Hawaiians by addressing the additional amount of income and proceeds that the Office of Hawaiian Affairs is to receive from the public trust pursuant to article XII, sections 4 and 6, of the Hawai‘i Constitution, for the period from November 7, 1978, to July 1, 2008.

In February, Rep. Mele Carroll, Chair of the House Hawaiian Affairs Committee held informational briefings and heard testimony on HB901 throughout the islands of Moloka‘i, Hawai‘i Island, Maui, and Kaua‘i.

Wednesday, February 18, 2009
11:00 a.m.
Conference Room 329
State Capitol
415 South Beretania Street

HB 901
RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.
Amends the law to provide for the Office of Hawaiian Affairs to receive a portion of the income and proceeds from land in the public land trust.

The Hawaiian Affairs Committee consists of Rep. Mele Carroll (Chair), Rep. Maile Shimabukuro (Vice Chair), Rep. Della Au Bellati, Rep. Joe Bertram III, Rep. Tom Brower, Rep. John Mizuno, Rep. Scott Nishimoto, Rep. Ryan Yamane, and Rep. Gene Ward.

House Committee on Hawaiian Affairs to hear taro security bill

Honolulu. The House Hawaiian Affairs Committee will be hearing a bill on taro security Wednesday, February 18 at 9:10 a.m. in State Capitol Room 329.

The purpose of House Bill 1663 is to further protect:

(1) The cultural integrity of kalo as part of the heritage of the Hawaiian people and the State;

(2) The genetic biodiversity and integrity of all traditional taro varieties in the state as part of the sacred trust between the State and the indigenous peoples of the Pacific; and

(3) Hawai‘i taro farmers’ raw taro, poi, lu’au, and value-added markets,by establishing a ban on developing, testing, propagating, releasing, importing, planting, and growing of genetically modified taro in the State of Hawai‘i.

HAWAIIAN AFFAIRS HEARING
When: Wednesday, February 18, 2009 at 9:10 a.m.
Where: State Capitol Conference Room 329

HB1663
RELATING TO TARO SECURITY.
Prohibits the development, testing, propagation, release, importation, planting or growing of genetically modified taro in the State of Hawai‘i.

The Hawaiian Affairs Committee consists of Rep. Mele Carroll (Chair), Rep. Maile Shimabukuro (Vice Chair), Rep. Della Au Bellati, Rep. Joe Bertram III, Rep. Tom Brower, Rep. John Mizuno, Rep. Scott Nishimoto, Rep. Ryan Yamane, and Rep. Gene Ward.

Committee on Hawaiian Affairs hears OHA land settlement bill

Honolulu. A bill that proposes a settlement agreement between the Office of Hawaiian Affairs and the State will be heard for testimony and decision-making by the Hawaiian Affairs Committee at the State Capitol on Saturday.

House Bill 901 amends the law to provide for OHA to receive a portion of the income and proceeds from land in the public land trust.

The hearing on Saturday comes after Rep. Mele Carroll hosted informational briefings on the bill and heard testimony throughout the islands of Moloka‘i, Kaua‘i, Maui, and Hawai‘i.

Saturday, February 14, 2009

10:05 a.m. – 4:00 p.m.
Conference Room 329
State Capitol
415 South Beretania Street

HB 901

RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.
Amends the law to provide for the office of Hawaiian affairs to receive a portion of the income and proceeds from land in the public land trust.

To read a summary of the proposed plan, click here.

The House Hawaiian Affairs Committee consists of Rep. Mele Carroll (Chair), Rep. Maile Shimabukuro (Vice Chair), Rep. Della Au Bellati, Rep. Joe Bertram III, Rep. Tom Brower, Rep. John Mizuno, Rep. Scott Nishimoto, Rep. Ryan Yamane, and Rep. Gene Ward.

House Committee unanimously passes “ceded lands” bills

Honolulu. On the same day that Congress reintroduced the Akaka Bill, the House Hawaiian Affairs Committee unanimously passed three separate bills that would place a moratorium on the sale of “ceded lands.”

House Bill 1667, put forward by the Legislative Hawaiian Caucus, proposes to prohibit the Board of Land and Natural Resources from selling, exchanging, or otherwise alienating “ceded lands” in the public land trust.

“I believe there is a fiduciary responsibility of the State to Native Hawaiians,” said Rep. Mele Carroll, who serves as chair of the Hawaiian Affairs Committee and the Legislative Hawaiian Caucus.

House Bill 1667 received an overwhelming amount of support including testimony from the Office of Hawaiian Affairs, Kamehameha Schools, Malama Kaua‘i, Alan Murakami of the Native Hawaiian Legal Corporation, Aha Kiole Advisory Committee, Japanese American Citizens League, Kupa‘aina Coalition, Chairman Kali Watson of Sovereign Councils of the Hawaiian Homelands Assembly, Life of the Land, Royal Order of Kamehameha I, and many community and individual supporters.

Attorney General Mark Bennett, who submitted testimony in opposition to all House bills addressing “ceded lands,” including House Bill 1667, said he feels the purpose of this bill is to deflect a U.S. Supreme Court ruling.” On February 25, the highest court in the United States is scheduled to hear oral arguments on the appeal put forth by Gov. Linda Lingle to reverse the Hawai‘i State Supreme Court’s ruling that the state cannot sell or transfer “ceded lands.”

Committee members had a lengthy discussion with A.G. Mark Bennett, Professor Vandyke and Clyde Namu‘o, Administrator of OHA, airing out the arguments of a moratorium on the sale and transfer of “ceded lands.”

In support of a moratorium on “ceded lands,” University of Hawai‘i constitutional law professor Jon Van Dyke told the Committee that the Legislature indicated the State’s commitment to resolving unsettled land disputes with the Native Hawaiian people when it created OHA in the 1978 Constitutional Convention.

“The bills that you are now considering are what the Supreme Court of Hawai‘i has already said,” Van Dyke said. “All we’re doing is asking this body to reaffirm what is already in the law.”

A.G. Bennett mentioned that if the State of Hawai‘i fails in their appeal to the U.S. Supreme Court, he anticipates that the state will be dealing lawsuits citing Amendment 14 and the Equal Protection Act.

Any 14th Amendment lawsuit that would arise from a moratorium, as indicated by the Attorney General, was “bewildering,” Van Dyke said.

OHA Administrator Clyde Namuo said, “I find it troubling that we can just discuss this purely at an academic and legal level.” He explained that disregarding the cultural and moral intents of protecting lands part of reconciliation between the State and Native Hawaiians was frustrating.

“When you talk about putting a moratorium on the sale of these ‘ceded lands,’ it doesn’t stop the economic and the legal process from moving forward,” said Kali Watson, former Director of the Department of Hawaiian Homelands. “View it as an interim measure to facilitate a just measure in the near future.”

Mahealani Cypher, President of the Ko‘olaupoko Hawaiian Civic Club, said: “We find it almost unbelievable that anyone with any self respect would stand up here and say we shouldn’t pass this law. We urge you to put your minds, hearts, and voices into advocating for justice for the Hawaiian people.” She asks the committee to support this legislation to protect the trust.

At the hearing, Rep. Della Au Bellati acknowledged Rep. Mele Carroll’s leadership in creating a transparent process with the community and in uniting lawmakers on the issue of “ceded lands.”

“The outcome was a victory today,” explains Chair, Rep. Mele Carroll. “However, it will still be an uphill battle to get this through our process.”

The House Hawaiian Affairs Committee voted unanimously with all members present to support the legislation on a moratorium of the sale and transfer of ceded lands that were heard today in the hearing.

Another important measure that passed today included House Bill 1660, which recognizes Hawaiians as the indigenous people of Hawai‘i.

The House Hawaiian Affairs Committee consists of Rep. Mele Carroll (Chair), Rep. Maile Shimabukuro (Vice Chair), Rep. Della Au Bellati, Rep. Joe Bertram III, Rep. Tom Brower, Rep. John Mizuno, Rep. Scott Nishimoto, Rep. Ryan Yamane, and Rep. Gene Ward.

Committee on Hawaiian Affairs takes hearings on OHA bill across the islands

Honolulu. A bill seeking reconciliation between the Office of Hawaiian Affairs and the State will be heard by the Hawaiian Affairs Committee on the islands of Moloka‘i, Maui, Hawai‘i, Kaua‘i, and O‘ahu.

House Bill 901 amends the law to provide for OHA to receive a portion of the income and proceeds from land in the public land trust.

Upcoming Hawaiian Affairs Committee Hearings:

MOLOKA‘I
Saturday, February 07, 2009
11:05 a.m. – 4:00 p.m.
Halau Kulana ‘Oiwi
600 Maunaloa Hwy.
Kalamaula, Moloka‘i 96748

MAUI
Monday, February 09, 2009
6:05 p.m. – 9:00 p.m.
Pakukalo Community Center
657 KaumualiiStreet
Wailuku, Maui 96793

KONA, HAWAI‘I
Tuesday, February 10, 2009
6:05 p.m. – 9:00 p.m.
Kealakehe Elementary School
74-5118 Kealaka`a Street
Kailua, Kona 96740

HILO, HAWAI‘I
Wednesday, February 11, 2009
6:05 p.m. – 9:00 p.m.
Keaukaha Elementary School
240 Desha Avenue
Hilo, Hawaii 96720

KAUA‘I
Thursday, February 12, 2009
6:05 p.m. – 9:00 p.m.
King Kaumualii Elementary School
4380 Hananalu Road
Lihue, Kauai 96766

O‘AHU
Saturday, February 14, 2009
10:05 a.m. – 4:00 p.m.
Conference Room 329
State Capitol
415 South Beretania Street

HB 901
Status
RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.
Amends the law to provide for the office of Hawaiian affairs to receive a portion of the income and proceeds from land in the public land trust.
HAW/WLO, JUD, FIN

The House Hawaiian Affairs Committee consists of Rep. Mele Carroll (Chair), Rep. Maile Shimabukuro (Vice Chair), Rep. Della Au Bellati, Rep. Joe Bertram III, Rep. Tom Brower, Rep. John Mizuno, Rep. Scott Nishimoto, Rep. Ryan Yamane, and Rep. Gene Ward.

Legislative Hawaiian Caucus meets with Office of Hawaiian Affairs,

Honolulu. Office of Hawaiian Affairs leadership spoke with members of the Legislative Hawaiian Caucus at a Kukakuka meeting on Thursday, January 29 about strategies in protecting “ceded lands” currently in dispute.

Chair of the OHA Board of Trustees Haunani Apoliona, Administrator Clyde Namu‘o, Trustees Oz Stender, and Robert Lindsey advised the Caucus to urge other lawmakers to back a single moratorium bill and to move it through legislation quickly.

“For the legislative action to be the most effective is to have a bill passed before February 25,” Namu‘o said of the date on which the U.S. Supreme Court will hear oral arguments on whether or not the 1993 Apology Resolution by Congress stripped the State of its right to sell “ceded lands.” “We’re at the point where we no more time to quibble over which version [of the moratorium bill to go with].”

Rep. Mele Carroll, Chair of the Legislative Hawaiian Caucus, asked the OHA members for their opinion on how they feel that legislators should proceed forward in the coming month regarding the support of the moratorium legislation on “ceded lands.”

Namu‘o said that the public needs to be educated on the issue of “ceded lands” and let their representatives know where they stand.

“People need to realize that this is absolutely one of the most serious issues to affect our people in a long, long time,” Namu‘o said. “Gov. Lingle needs to hear that not only the Hawai‘i community is upset over this bill, but the broader community as well.”

While Gov. Linda Lingle has not stated any plans to sell “ceded lands,” to have the U.S. Supreme Court to comment on Native Hawaiian claims to those lands is the worst thing to happen, when the State and Native Hawaiians are currently in a process of reconciliation, Namu‘o explained.

“I think the important thing right now is the legislation,” Rep. Mele Carroll said. “Kupa‘aina and ‘Iliu‘okalani Coalitions are out there right now working really hard to educate the public. But we all need to communicate.”

Apoliona agreed: “The common ground of the moratorium, let’s all get on board on that.”

Members of Kupa‘aina Coalition (who organized StopSellingCededLands.com) presented counterarguments to what was stated by Attorney General Mark Bennett at a previous Legislative Hawaiian Caucus meeting. Bennett had said that a legislated moratorium would bring lawsuits against the State, hamper the government’s ability to generate finance, and that having the federal government settle a State issue was the moral thing to do. The Coalition and the OHA members both stated that the Attorney General’s arguments were misleading the public.

“We thank you [The Legislative Hawaiian Caucus] for moving forward and rising against the fear that potential litigation would come forward,” Kupa‘aina Coalition member Derek Kauanoe said.

Kauanoe told the Caucus that legal disputes will come to the State even if the Attorney General and the Governor win their case in the U.S. Supreme Court. He also quoted the Attorney General as agreeing that the issue of “ceded lands” should be resolved in the political arena, not in the courts.

It seems as if the Attorney General and Gov. Lingle want to do away with the unique laws that shape Hawai‘i,” Coalition member Hoku Price said. “It is up to the legislators … to recognize and not challenge the rights of the first people of Hawai‘i.”

Coalition member Jocelyn Doane also told the Caucus that a moratorium would not prevent the State from making money and that licenses, permits, and other economic uses of the land would carry on in the same way that it has.

“This issue is not one that pits the Native Hawaiian community against the non-Native Hawaiian community,” Doane said. “Hawaiians have a special relationship with the land, and so does the rest of the community.”

The Legislative Hawaiian Caucus is composed of 28 members for the 2009 session, the largest membership it has ever had: Rep. Mele Carroll (Chair), Sen. J. Kalani English (Vice-Chair), Sen. Clayton Hee, Sen. Brickwood Galuteria, Sen. Michelle Kidani, Sen. Norman Sakamoto, Sen. Suzanne Chun-Oakland, Rep. Karen Awana, Rep. Pono Chong, Rep. Faye Hanohano, Rep. Hermina Morita, Rep. Roland Sagum III, Rep. James Kunane Tokioka, Rep. Chris Lee, Rep. Maile Shimabukuro, Rep. Sharon E. Har, Rep. Lyla B. Berg, Rep. Angus McKelvey, Rep. Joe Bertram, Rep. Joey Manahan, Rep. Cindy Evans, Rep. Cindy Evans, Rep. Tom Brower, Rep. Jessica Wooley, Rep. Lynn Finnegan, Rep. Scott Saiki, Rep. Sylvia Luke, Rep. Della Au Bellatti, and Rep. Gene Ward.

Legislative Hawaiian Caucus announces moratorium on “ceded lands”

Honolulu. Rep. Mele Carroll, chair of the Legislative Hawaiian Caucus, announced lawmakers’ plans to make a priority of setting a moratorium on the selling of “ceded lands.”

“The Legislature, the ultimate policy makers of the State, in multiple acts, has further acted upon the State’s commitments to support Native Hawaiian self-determination and address Native Hawaiian claims to land,” Rep. Mele Carroll said at Wednesday’s press conference. “We believe there is a fiduciary responsibility of the State to Native Hawaiians.”

House Bill 1667, as part of the Legislative Hawaiian Caucus package, proposes to prohibit the Board of Land and Natural Resources from selling, exchanging, or otherwise alienating ‘ceded lands’ in the public land trust. The bill is a companion to Senate Bill 1085, introduced by Sen. Clayton Hee.

“This isn’t about the economy, it’s about the relationship between the first people, the Native people, and the land,” Hee said. “Any sale of ceded lands, as distasteful as it sounds to me, should only happen after reconciliation with the Hawaiian people.”

Rep. Mele Carroll explained that the bill proposed by the Legislative Hawaiian Caucus differs from other “ceded land” bills this session in that it is centered on the sole purpose of setting a moratorium—a decision that has allowed many Native Hawaiian groups to stand united in support.

“This bill is clear, no sale of ceded lands,” Hee said.

Rep. Mele Carroll also announced that the focus of the bill on setting up a moratorium at this stage of legislation, without a specific sunset or precedents on reconciliation, is tailored to allow amendments to be added later in the process with more community input.

Lawmakers from both the House and the Senate stood in support of moving forward with a moratorium bill after a 17 to 1 vote within the Legislative Hawaiian Caucus.

“The right and pono thing is to support a moratorium bill,” Rep. Della Au Belatti said.

“This is not about a legal battle,” Rep. Sylvia Luke said. “This is really about doing what is right.”

Caucus members also acknowledged the leadership of Rep. Mele Carroll in bringing lawmakers together for one common purpose and in keeping the process transparent with the community.
Moratorium unites Native Hawaiian organizations

Native Hawaiian leaders stood united in support of the Legislative Hawaiian Caucus’ bill for a moratorium.

“It’s very, very unusual to get us all [different Native Hawaiian organizations] together in one place and support one thing,” said Pu`uhonua “Bumpy” Kanahele of the Nation of Hawai‘i.

Kanahele asked the Caucus to consider also working on legislation that would protect the democratic process for Native Hawaiians and to provide a political forum that would help to establish self-governance.

“We are in total support of a moratorium on ceded lands,” Kanahele said. “We should all support a fair process. I support this process full on.”

Native Hawaiian attorney and former Office of Hawaiian Affairs trustee Mililani Trask asked the Caucus to communicate with the federal government to direct the Justice Department to move in favor of a moratorium. She also said that there needs to be a comprehensive inventory of public trust lands.

“We support a moratorium on ceded lands unequivocally,” Trask said.

‘Ilio‘ulaokalani Coalition President Vicky Holt Takamine said that a moratorium is not intended to prevent the use of “ceded lands” by Hawai‘i citizens, but to prevent the changing of ownership to outside hands.

“We have shared our lands for public use in the past,” Holt Takamine said. “We don’t have a problem with that. But we do have a problem with selling that and transferring it out of the ownership of the ‘ceded lands.’”

Clifford Hashimoto, Ali‘i Nui of the Royal Order of Kamehameha, also announced support for the Legislative Hawaiian Caucus’ move toward a moratorium.

“The Association of Hawaiian Civics Club stands in unity with all others who are here in support of a moratorium,” said Association president Leimomi Kahn.

Kahn also announced that the Association has gathered a petition to Gov. Linda Lingle to withdraw her lawsuit from the U.S. Supreme Court.

Legislative Hawaiian Caucus package

• SB LRB 09-0049-1: Education
Traditional; Hawaiian Navigation; Voyaging canoes pilot program.

• SB LRB 09-0056: State Building Code; Bamboo
Directs the state building code council to establish standards and criteria allowing the use of bamboo as an accepted construction material.

• SB LRB 09-0744: Hawaiians; Indigenous
Recognizes Hawaiians as the indigenous people Hawai‘i.

• SB 09-1042: Kuleana Lands
Kuleana Lands; 10-year Holding Period.

• SB LRB 09-1083: Historic Preservation
Burial Cave; Historic Preservation.

• SB HMNS 2009-1307: Generically Modified Taro; Prohibition
Prohibits the development, testing, propagation, release, importation, planting, or growing of genetically modified taro in the State of Hawai‘i.

• SB HMS 2008 5197: Corrections
Inmate Rehabilitation; Historic Site Restoration.

• SB HMS 2008 5219: Hawaiian Fishponds
Government—owned Hawaiian fishponds; prohibition on sale.

• 2009 0289 SB SMA-1: Hawaiian Language
Documents.

• 2009 0757 HB SMA: Ceded Lands
Moratorium on the sale of ceded lands.

The Legislative Hawaiian Caucus is composed of 28 members for the 2009 session, the largest membership it has ever had: Rep. Mele Carroll (Chair), Sen. J. Kalani English (Vice-Chair), Sen. Clayton Hee, Sen. Brickwood Galuteria, Sen. Michelle Kidani, Sen. Norman Sakamoto, Sen. Suzanne Chun-Oakland, Rep. Karen Awana, Rep. Pono Chong, Rep. Faye Hanohano, Rep. Hermina Morita, Rep. Roland Sagum III, Rep. James Kunane Tokioka, Rep. Chris Lee, Rep. Maile Shimabukuro, Rep. Sharon E. Har, Rep. Lyla B. Berg, Rep. Angus McKelvey, Rep. Joe Bertram, Rep. Joey Manahan, Rep. Cindy Evans, Rep. Cindy Evans, Rep. Tom Brower, Rep. Jessica Wooley, Rep. Lynn Finnegan, Rep. Scott Saiki, Rep. Sylvia Luke, Rep. Della Au Bellatti, and Rep. Gene Ward.

Legislative Hawaiian Caucus calls a press conference to announce its priority to support a Moratorium on ‘Ceded Lands’

Honolulu. The Legislative Hawaiian Caucus has called for a press conference on Wednesday, January 28 at 10 a.m. in State Capitol Room 423 to announce its priority to set a moratorium on selling “ceded lands” this session. The Caucus met Monday afternoon and voted to move forward with a bill that would prohibit the Board of Land and Natural Resources from selling, exchanging, or otherwise alienating “ceded lands” in the public land trust.

“We are inviting the community and its leaders to come be with us,” Rep. Mele Carroll said. Native Hawaiian leaders will be meeting with the Caucus, with the support of ‘Ilioula‘okalani Coalition and Kupa‘aina, and other Native Hawaiian community leaders from 8:30 a.m. in State Capitol Room 423 prior to the press conference and will be open to the public.

Rep. Mele Carroll, chair of the Legislative Hawaiian Caucus, will also announce the Caucus’ entire legislative package.

Leading up to the vote on Monday, Rep. Mele Carroll provided an ongoing forum that involved the public in the discourse and allowed lawmakers to hear arguments from different sides of the “ceded lands” debate.

With the start of the 2009 Legislative Session, Mele Carroll met with Gov. Linda Lingle, Attorney General Mark Bennett, Department of Hawaiian Home Lands Chair Micah Kane, as well as Royal Order of Kamehameha Ali‘i Nui Clifford Hashimoto and members. Through the Legislative Hawaiian Caucus Kukakuka meetings, discussions took place with Hawai‘i attorney Sherry Broder, The Reinstated Hawaiian Government Prime Minister Henry Noa, Aha Kiole Representatives, Association of Hawaiian Civics Clubs President Leimomi Kahn, and many other concerned community members leading up to the Caucus vote.

Many factors were taken into account in the decision to pursue a legislatively mandated moratorium, Rep. Mele Carroll explained. Issues such as the length of the moratorium, its affect on the State’s bond rating, the need for reconciliation, and potential lawsuits resulting from or without a moratorium were all presented to lawmakers at the public Legislative Hawaiian Caucus Kuka Kuka meetings.

The vote came on the same day Gov. Linda Lingle reasserted her position to define the State’s right to sell lands obtained through the Admission Act of 1959.

Lingle stated in her address that “The issue involved in this case is not whether ceded lands should or should not be sold. Rather the issue involves the fundamental question of whether the State of Hawai‘i has clear title to the land transferred to us by the federal government at the time of statehood. The roots of this case date back to a decision made by former Governor Waihe‘e in the 1980s to sell certain ceded lands on Maui and Hawai‘i for the construction of affordable housing. It was a decision he believed was in the best interest of all the people of Hawai‘i. It is a decision that former Governor Cayetano defended in court because he believed it was in the best interest of all the people of Hawai‘i to do so. And it is a decision that we are appealing to the United States Supreme Court because I believe it is in the best interest of all the people of Hawai‘i.”

“I was not surprised with the Governor’s position on ‘ceded lands,’” Rep. Mele Carroll said. “However, I believe there is a fiduciary responsibility of the State to Native Hawaiians.”

Legislative Hawaiian Caucus members include: Rep. Mele Carroll (Chair), Sen. J. Kalani English (Vice-Chair), Sen. Clayton Hee, Sen. Brickwood Galuteria, Sen. Michelle Kidani, Sen. Norman Sakamoto, Sen. Suzanne Chun-Oakland, Rep. Karen Awana, Rep. Pono Chong, Rep. Faye Hanohano, Rep. Hermina Morita, Rep. Roland Sagum III, Rep. James Kunane Tokioka, Rep. Chris Lee, Rep. Maile Shimabukuro, Rep. Sharon E. Har, Rep. Lyla B. Berg, Rep. Angus McKelvey, Rep. Joe Bertram, Rep. Joey Manahan, Rep. Cindy Evans, Rep. Cindy Evans, Rep. Tom Brower, Rep. Jessica Wooley, Rep. Lynn Finnegan, Rep. Scott Saiki, Rep. Sylvia Luke, Rep. Della Au Bellatti, and Rep. Gene Ward.

LEGISLATIVE HAWAIIAN CAUCUS PRESS CONFERENCE
TO ANNOUNCE MORATORIUM BILL
WHEN: Wednesday January 28, 2009 at 10 a.m.
WHERE: State Capitol Room 423

Legislative Hawaiian Caucus speaks in depth with Attorney General and Sherry Broder about ‘ceded lands’

Honolulu. The Legislative Hawaiian Caucus sat down with both sides of the “ceded lands” lawsuit headed to the U.S. Supreme Court at its meeting on Thursday, January 22, 2009.

Rep. Mele Carroll organized regular meetings of the Caucus as a way for different sides of the debate on Native Hawaiian issues to hold a transparent discussion with lawmakers—to create an ongoing dialogue with the public prior to making decisions in hearings.

Hawaii Attorney General Mark Bennett briefed the Caucus on the history behind the ownership of lands transferred to the State as part of the Admission Act in 1959.

Bennett cited the lands granted to the State by Section 5(b) of the Admission Act and pursuant to article XVI, section 7, of the State Constitution as being owned unquestionably by the State in “fee simple” terms.

The Attorney General said that he did not believe the 1993 Apology Resolution should be interpreted as taking away any rights the State has to sell lands acquired by the Admission Act.

“Our argument, both in Circuit Court and in the Hawai‘i Supreme Court is not that the Apology Resolution isn’t a law,” Bennett said. “It is a law. But it does not change, in our view, the legal rights of our parties.”

Bennett also told the Caucus that legislation by Hawai‘i lawmakers prior to the resolution in 1992 had formulated the process for selling “ceded lands.”

Rep. Mele Carroll asked the Attorney General, “Should the Office of Hawaiian Affairs bill pass for the moratorium, would that actually change the decision of the U.S. Supreme Court?”

Bennett replied that it wouldn’t affect a Supreme Court decision.

Sen. J. Kalani English asked Bennett what Congress’s purpose was in passing the Apology Resolution if they did not intend for it to affect the legal landscape.

Bennett replied that the resolution was not intending to change any legal rights.

English then asked Bennett, “If we [the Hawai‘i State Legislature] pass a moratorium that materially changes the debate, how does that affect you?”

Bennett warned the Caucus that a moratorium passed by the Legislature would lead to numerous lawsuits against the State.

“The next day [after a moratorium bill is passed into law], those who oppose Hawaiian programs and who continually sue the State, they would sue,” Bennett said. “It’s my view that if the Legislature passes what’s on the OHA website that the State would be in breach of the Admission Act.”

Attorney Sherry Broder, who has represented OHA in obtaining entitlement to “ceded lands” revenues and was the chief attorney for OHA from 1986 to 2002, said the State administration did not understand OHA’s position on the appeal to the U.S. Supreme Court.

“The Hawai‘i Supreme Court decided that the Apology Resolution does not bestow any ownership to Native Hawaiians and that it should be settled in the political arena,” Broder said to the caucus. “We conceded that that’s where the resolution will come. We want a moratorium.”

Other caucus members said they did not fully understand the Attorney General’s warning against passing a moratorium against selling “ceded lands.”

“This whole argument seems so sterile, like a textbook thing,” Sen. Brickwood Galuteria said. “There’s no humanity to this.”

Bennett said that he is upholding the laws of the State and the Constitution.

Galuteria then asked if Governor Linda Lingle intends to sell any “ceded lands.”

The Attorney General replied, “The Governor has said she does not currently have any intent. If we succeed with this lawsuit, then the State will have the authority to sell or transfer ‘ceded lands.’”

Broder told the caucus that Hawai‘i’s leadership and the courts have consistently acknowledged the need for reconciliation with Native Hawaiians.

“The purpose of this litigation and the way the Hawai‘i Supreme Court reacted,” Broder said, “was that this was a time of reconciliation and that this is a time to restore the status quo.”

English asked Bennett why the administration is so compelled to take a Hawai‘i Supreme Court decision on a State issue to the federal level.

Bennett replied, “Because we believe that it was our obligation to defend, among other things, the laws this administration had passed and the Admission Act. We did it because we believe what we are doing is the right thing to do.”

Rep. Sylvia Luke said she did not fully understand the Attorney General’s opinion that a moratorium passed into law by the Legislature would be harmful to the State.

“I don’t see how a simple policy to create a moratorium on selling ‘ceded lands’ would create future potential 14th Amendment claims,” Luke said. “If the Legislature is making the statement with a bill simply stating that we want a moratorium, then what would the position of the Attorney General be?”

Bennett replied that a moratorium bill would bring the State to a situation where plaintiffs have standing.

“I think there are multiple ways to bring a lawsuit,” Bennett said to the Caucus. “I don’t think that listing them here is in anyone’s best interest.”

Rep. Della Au Belatti said she didn’t think the Attorney General’s “fear tactic” should be holding back the Legislature from exploring reconciliation with Native Hawaiians.

“A moratorium may very well be beneficial to all people of Hawai‘i,” Belatti said.

Caucus members include Rep. Mele Carroll (Chair), Rep. Karen Awana, Rep. Pono Chong, Rep. Faye Hanohano, Rep. Hermina Morita, Rep. Roland Sagum III, Rep. James Kunane Tokioka, Rep. Chris Lee, Rep. Maile Shimabukuro, Rep. Sharon E. Har, Rep. Lyla B. Berg, Rep. Angus McKelvey, Rep. Joe Bertram, Rep. Joey Manahan, Rep. Cindy Evans, Rep. Tom Brower, Rep. Jessica Wooley, Rep. Lynn Finnegan, Rep. Scott Saiki, Rep. Sylvia Luke, Sen. J. Kalani English (Vice-Chair), Sen. Clayton Hee, Sen. Brickwood Galuteria, Sen. Michelle Kidani, Sen. Norman Sakamoto, and Sen. Suzanne Chun-Oakland.

The next Legislative Hawaiian Caucus meeting, on Native Hawaiian agricultural issues, will take place on Tuesday, January 27 at 4 p.m. in State Capitol Room 423. Guests include Jim Kane, John Osorio, Jerry Konanui, Dr. Lorin Pang, Adolf Helm , and Mililani Trask.

Legislative Hawaiian Caucus speaks with Native Hawaiian health community

Honolulu. Rep. Mele Carroll and the Legislative Hawaiian Caucus met with leaders and practitioners in the Native Hawaiian health community at a meeting on Jan. 15.

Caucus members heard concerns from members of Hui No Ke Ola Pono, a non-profit that provides community-based health care services on Maui; Papa Ola Lokahi, a clearinghouse for data and timely information associated with the health status of Native Hawaiians; Mental Health Alliance; and Community Health Centers in Rural Areas.

“It’s a rare occasion, quite frankly, that we have been invited to speak in front of legislators,” said David Peters of the Kaua‘i Community Health Center. “We at Papa Ola Lokahi look at new initiatives to integrate into Native Hawaiian health care systems. … Initially, you could count the number of researchers on one hand. Now there are nearly 150 researchers [working with us].”

Rep. Karen Awana asked if Papa Ola Lokahi and Hui No Ke Ola Pono looks into different kinds of alternative medicines.

“The whole idea of traditional healthcare practices are organic to the Native Hawaiian Healthcare Act,” Papa Ola Lokahi’s Hardy Spoehr replied. The Native Hawaiian Healthcare Act was created by Congress to develop outreach programs addressing the unique health needs of Native Hawaiians, who were found to have suffered greatly from the early onset of chronic disease and other adverse health conditions.

Tom Foye, Planning and Development Director of Papa Ola Lokahi, described how many non-profit healthcare organizations are at risk during economic times because they are dependent solely on federal funding.

“We’re very much at risk because we have one funding source in Washington: Sen. Daniel Inouye,” Foye said. He explained to the caucus that they should look at funding community healthcare organizations through diversification and solid strategic planning.

 “We hope that we can continue this conversation in all forums,” Rep. Mele Carroll said to the healthcare practitioners.

Alex Santiago spoke to the caucus on behalf of the Mental Health Alliance. As part of ongoing budget cuts throughout state departments, the Adult Mental Health Services division announced in November that it will be cutting over $25 million from its FY2009 budget by cutting services.

“We are not going to stand by and watch as we try to balance the budget on the backs of the poor,” Santiago said. “What we are going to try to do is bring the word to you [the Legislative Hawaiian Caucus].”

Rep. Pono Chong said that lawmakers need to hear from the community where cuts would be better made. “The state, unlike the federal government, cannot borrow money to operate,” he said.

Santiago replied, “We’ve been doing a lot with less. We’re willing to do more with less. We’re willing to collaborate. However, we’re at the point where critical services for the most needy are being cut.”

Rep. Mele Carroll asked Santiago if finding new ways to generate money has been part of the discussion within the mental health community.

Santiago said that all options are being discussed. “Whatever it is we do to get revenue, we have to make sure the money is going to the things we care about,” he said. “There’s a willingness of everyone to come to the table to find a solution.”

Attorney General, Hawaii civil attorneys and DHHL to speak with Legislative Hawaiian Caucus about ‘ceded lands’

Honolulu. The Legislative Hawaiian Caucus will hear concerns from Attorney General Mark Bennett and other civil attorneys about Hawaii’s “ceded lands” on Thursday, January 22.

 

Legislative Hawaiian Caucus meeting
Thursday, January 22, 2009
From 4 p.m. to 5:30 p.m. at State Capitol room 423

 

Attorney Sherry Broder is scheduled to update the caucus on the legal challenges to preserve lands for Native Hawaiians. Broder has represented the Office of Hawaiian Affairs in obtaining entitlement to “ceded lands” revenues and was the chief attorney for OHA from 1986 to 2002. Broder also had been elected the first woman president of the Hawaii State Bar Association.

 

Rep. Mele Carroll, chair of the Legislative Hawaiian Caucus, has been working closely with various Native Hawaiian organizations to create a dialogue with Hawaii lawmakers.

 

Last Saturday, Rep. Mele Carroll and the Legislative Hawaiian Caucus were invited to take part in the Ku I Ka Pono March to protect Hawaiian lands. Community activists are seeking the support of the caucus to oppose the Lingle Administration’s attempt to move forward with selling what is now known as “ceded lands.” Activists are also seeking the caucus’ help in preparing legislation that will set a moratorium against selling those lands.

 

Micah Kane, Chair of the Department of Hawaiian Home Lands, is also scheduled to speak.

 

At a House Finance Committee last week, on Jan. 14, Kane said that the last fiscal year was the largest construction year in terms of dollars in the history of the Hawaiian Home Lands trust. Kane also credited the progress to the development of a retail facility in Kapolei with DeBartolo, LLC, which provided 4,500 jobs.

 

“We see that as the job center for our families to live and work in that community,” Kane said. “Also, the revenue goes toward Native Hawaiians.”

 

At the Finance Committee meeting, Rep. Mele Carroll asked if DHHL has dealt with any water issues regarding water infrastructure.

 

Kane replied that while there is an integrated system on Maui, the county is currently in a situation where there is a master plan, but has no money to execute the operation.

 

“There is utility availability in many of these counties, but they are obligated to various developers,” Kane said.

 

He would like to see the government given more authority to hold infrastructure to allow projects to move ahead more quickly.

 

“Thank you for all you have done [at DHHL],” Rep. Mele Carroll said. “I know my district is very challenging and you folks have been very diligent in handling the issues.”

Legislative Hawaiian Caucus meeting focuses on Hawaiian Health Reorganization

Honolulu. Members of the Legislative Hawaiian Caucus will be meeting on Thursday, January 15 at 4 p.m. in room State Capitol Room 423. The caucus will discuss Native Hawaiian health issues, as well as try to determine what will be introduced into this session’s caucus package, including creating a moratorium on selling ceded lands.

Legislative Hawaiian Caucus meeting
Thursday, January 15, 2009
From 4 p.m. to 5:30 p.m. at State Capitol room 423

 

The Legislative Hawaiian Caucus was reactivated in 2007 by Rep. Mele Carroll and other lawmakers. In 2008, the caucus opened up its membership to non-Native Hawaiian lawmakers—bringing membership up to 21 members, including five senators: Sen. J. Kalani English, Sen. Clayton Hee, Sen. Brickwood Galuteria, Sen. Norman Sakamoto, and Sen. Suzanne Chun-Oakland.

House members include Rep. Mele Carroll, Rep. Karen Awana, Rep. Pono Chong, Rep. Faye Hanohano, Rep. Hermina Morita, Rep. Roland Sagum III, Rep. James Kunane Tokioka, Rep. Chris Lee, Rep. Maile Shimabukuro, Rep. Lyla B. Berg, Rep. Angus McKelvey, Rep. Joe Bertram, Rep. Joey Manahan, Rep. Cindy Evans, Rep. Tom Brower, and Rep. Lynn Finnegan.

Bishop Museum shares treasures, needs with Legislative Hawaiian Caucus

Native Hawaiian artist Marquez Marzan (left) takes a break from putting the finishing touches on Hawaiian Hall’s grass hale with Rep. Mele Carroll and Bishop Museum Public Affairs Director Donalyn Dela Cruz.

 

Honolulu. Lawmakers immersed themselves in Hawaiian history at the year’s first Legislative Hawaiian Caucus Meeting, held at Bishop Museum on Monday, January 12. Caucus chair Mele Carroll said she would like to continue to use the regularly-scheduled meetings to hear from and interact with people in the community who are improving life for Native Hawaiians.

“The whole reason for this is sharing,” Rep. Mele Carroll said. “We want to bring Native Hawaiians to the Capitol. We want them to engage with our legislators and tell us what they want.”

 

The Legislative Hawaiian Caucus was reactivated in 2007 by Rep. Mele Carroll and other lawmakers. In 2008, the caucus opened up its membership to non-Native Hawaiian lawmakers—bringing membership up to 21 members, including five senators: Sen. J. Kalani English, Sen. Clayton Hee, Sen. Brickwood Galuteria, Sen. Norman Sakamoto, and Sen. Suzanne Chun-Oakland.

 

House members include Rep. Mele Carroll, Rep. Karen Awana, Rep. Pono Chong, Rep. Faye Hanohano, Rep. Hermina Morita, Rep. Roland Sagum III, Rep. James Kunane Tokioka, Rep. Chris Lee, Rep. Maile Shimabukuro, Rep. Lyla B. Berg, Rep. Angus McKelvey, Rep. Joe Bertram, Rep. Joey Manahan, Rep. Cindy Evans, Rep. Tom Brower, and Rep. Lynn Finnegan.

 

Bishop Museum seeks caucus support

After a tour of Native Hawaiian artifacts, many of which are scheduled to be featured in the $21 million restoration of the museum’s Hawaiian Hall, the caucus heard from Bishop Museum and Kamehameha Schools spokespersons.

 

Bishop Museum president Tim Johns explained to lawmakers that the FY 2010 budget is receiving the lowest state subsidy it has had in 10 years at approximately $254,000.

Johns said that he would like the support of the Legislative Hawaiian Caucus to restore state subsidy, currently at 2 percent of the museum’s overall budget under Gov. Lingle’s plan, to 5 percent. Last year Bishop Museum’s state subsidy was $715,592.

 

In order to meet budget cuts, the museum had to lay off 16 employees and is currently looking at implementing new energy conservation efforts.

 

The Hawaiian Hall complex, built in 1903, is listed on the National Register of Historic Places. Renovations to the building, which began in 2006, are designed to improve visitor access, climate control, and object conservation.

The renovated complex is planned to present different voices on each floor, spanning time, gods, class, gender, age, and politics. Scientific and western perspectives will also be woven into the interpretation as context and references.

 

Yesterday, Rep. Mele Carroll and other caucus members were able to see Native Hawaiian artist Marques Marzan apply the finishing touches to the life-sized grass hale, which will be featured on the first floor of Hawaiian Hall.

 

Kamehameha Schools looks to contribute to affordable housing

There are ways of doing affordable housing that’s beneficial to more people than those in just one area, Kamehameha Schools government spokesperson Kekoa Paulsen told the Legislative Hawaiian Caucus.

 

“For the amount of money for [building affordable housing in] just Kaka‘ako, you could build three times as much elsewhere,” Paulsen said. Kamehameha Schools would like for the Legislative Hawaiian Caucus to support legislation that would make it easier to build affordable housing in areas such as Kona or Puna rather than high value areas, like Kaka‘ako.

Kamehameha Schools’ role in affordable housing would be in working toward a statewide solution, Paulsen explained.

 

“Our primary emphasis is going to be on education, on charter schools,” Paulsen said. “It’s about building a capacity in the community. It’s not just Kamehameha Schools.”

Rep. Mele Carroll asked, “Because both Kamehameha Schools and public schools have to pass national standards, is it possible for Kamehameha Schools to assist public schools, especially with culturally based programs?”

 

Paulsen replied that Kamehameha Schools has been offering learning opportunities for public educators. For example, Kamehameha Schools’ Public Education Support Division provides resources and support to Hawai‘i’s public education system, including start-up conversion Hawaiian-focused charter schools, Native Hawaiian Immersion schools, and the broader Department of Education.

 

Legislative Hawaiian Caucus invited to Ku I Ka Pono March

Honolulu. Rep. Mele Carroll and the Legislative Hawaiian Caucus have been invited to take part in the Ku I Ka Pono March to protect Hawaiian lands. March organizers are seeking the support of the caucus to oppose the Lingle Administration’s attempt to move forward with selling what is now known as “ceded lands.” Activists are also seeking the caucus’ help in preparing legislation that will set a moratorium against selling ceded lands.

Activists are urging Gov. Linda Lingle to reconsider going forward with an appeal to the U.S. Supreme Court to overturn a January 2008 decision by the Hawai‘i Supreme Court, which granted an injunction against the state from selling ceded lands from the public lands trust until the claims of Native Hawaiians to those lands have been resolved.

Lingle said in a statement that she would not withdraw the state’s appeal to the U.S. Supreme Court because she did not believe a Congressional apology to Native Hawaiians in 1993 overturned land rights granted to the state when it was created in 1959.

In opposition to the state, the Office of Hawaiian Affairs, who filed the initial lawsuit in 1994 to argue that the state did not hold good title to public trust lands, aims to see that the 2008 decision to suspend the selling of ceded lands is preserved.

Caucus members Rep. Mele Carroll and Sen. Clayton Hee will be speaking this Saturday at the Kapi‘olani Park rally following the march.

Ku I Ka Pono March: Protect Hawaiian Lands
Saturday, January 17
March starts at 10 a.m. from Saratoga/Kalakaua and ends at Kapi‘olani Park
Rally starts at 11:30 a.m.  at Kapi‘olani Park