House District 13

Archive for March, 2011|Monthly archive page

House Concurrent Resolution 225 passed by House Joint Committees on Housing and Hawaiian Affairs. Requests Office of Hawaiian Affairs to study feasibility of establishing Kanaka villages for homeless native Hawaiians.

In News Release on March 29, 2011 at 1:51 am

HONOLULU—On Monday, March 28, 2011, the members of the House Joint Committees on Housing and Hawaiian Affairs recommended that House Concurrent Resolution 225 be passed, with amendments. House Concurrent Resolution 225 was introduced by Representatives Mele Carroll, Faye Hanohano, Jo Jordan, and Angus McKelvey, House Concurrent Resolution 225 requests that the Office of Hawaiian Affairs (OHA) study the feasibility of establishing Kanaka villages for the homeless population whom are, or could possibly be, beneficiaries of DHHL.

House Concurrent Resolution 225 will go to the House committee on Finance for further consideration.

The purpose of this resolution is to address the disproportionate representation of native Hawaiians among the State’s homeless (nearly 40%) by requesting that the Office of Hawaiian Affairs to conduct a feasibility study of establishing a kanaka village for those native Hawaiians that are homeless in Hawai’i. For the purposes of this Resolution, “kanaka village” means a community where native Hawaiians who are homeless, may live in tents or other approved types of shelter and subsist off the land utilizing traditional Hawaiian methods of sustainability as they progress towards home ownership.

Rep. Mele Carroll stated, “The passing of House Concurrent Resolution 225 by the House Joint committees on Housing and Hawaiian Affairs is a welcomed sign that the legislature is taking measures to improve the plight of the homeless. We must address this critical issue and not turn our backs on our people. House Concurrent Resolution 225 calls for a feasibility study of a program to provide for a native Hawaiian village area on Hawaiian Homelands where our native Hawaiians whom are homeless can reside without fear of harassment and eviction that is so prevalent in dealing with the homeless in Hawai’i. This is also an attempt to fulfill the Hawaiian Home Lands Act where the rehabilitation of our people can take place.”

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House Bill 1483 HD1, Reducing Department of Agriculture Water Rates for Moloka’i Irrigation Users and Providing Relief for Moloka’i Homestead Farmers Passes Joint Senate Committees on Hawaiian Affairs and Agricultur

In News Release on March 23, 2011 at 7:47 pm

HONOLULU—On Monday, March 21, 2011, the members of the joint Senate Committees on Hawaiian Affairs and Agriculture voted to pass House Bill 1483 HD1 with technical amendments. Introduced by Representative Mele Carroll, House Bill 1483 HD1 directs the Department of Agriculture to provide water to Moloka’i Irrigation System users who lease tracts of land under Section 207 of the Hawaiian Homes Commission Act, 1920 as amended, at a reduced rate.

House Bill 1483 will now go to the Senate Committee on Ways and Means for consideration.

Rep. Mele Carroll said, “I am very happy and grateful for the passing of House Bill 1483 HD1 by the joint Senate Committees on Hawaiian Affairs and Agriculture. With the severe economic impacts facing Moloka’i and its residents on a daily basis, HB1483 HD1 will help to bring some much needed relief to Moloka’i’s homestead farmers, whose very lives are dependent on the availability of affordable water. House Bill 1483 HD1 provides an additional instrument for the necessary financial relief that is imperative to sustain their livelihood.”

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House Concurrent Resolution 107 establishes Legislative Committee to investigate “Executive Agreements” between the United States and the Hawaiian Kingdom in 1893.

In News Release on March 16, 2011 at 9:59 pm

HONOLULU—On Monday, March 14, 2011, Representative Mele Carroll introduced House Concurrent Resolution 107 calling for the establishment of a joint legislative investigating committee to investigate the status of two executive agreements entered into in 1893 between the United States President Grover Cleveland and Queen Lili‘uokalani of the Hawaiian Kingdom, called the Lili‘uokalani Assignment (January 17, 1893) and the Agreement of Restoration (December 18, 1893). The Lili‘uokalani Assignment mandates the President to administer Hawaiian Kingdom law, and the Agreement of Restoration mandates the President to restore the Hawaiian Kingdom government as it was prior to illegal landing of U.S. troops on January 16, 1893, and thereafter the Queen to grant amnesty to certain people who committed treason.

According to the U.S. Supreme Court in U.S. v. Belmont (1937), U.S. v. Pink (1942) and American Insurance Association v. Garamendi (2003), executive agreements are treaties, and as such are the Supreme Law of the Land under the Supremacy Clause of the U.S. Constitution. Article VI, clause 2 of the U.S. Constitution provides: “This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all [executive agreements] made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.” In Garamendi, the Supreme Court stated, “valid executive agreements are fit to preempt state law, just as treaties are,” which brings into question the laws of the State of Hawai‘i.

These executive agreements were kept from the general public for the last 113 years when the Hawaiian Islands were unilaterally annexed by Congressional action during the Spanish-American War, but was recently brought to the attention before the U.S. District Court in Washington, D.C., in Sai v. Clinton, et al. (case no. 10-899CKK), when a federal lawsuit was filed by Dr. Keanu Sai against Secretary of State Clinton, Secretary of Defense Gates and Admiral Willard of the U.S. Pacific Command under the Alien Tort Statute for tort injuries suffered as a result of the violation of the Lili‘uokalani assignment. These executive agreements were also the subject of Dr. Sai’s political science doctoral dissertation and law journal articles, which can be accessed online at http://www2.hawaii.edu/~anu/publications.html.

On February 25, 2009, Dr. Sai gave a briefing on the legal status of Hawai‘i and the executive agreements to Colonel James Herring, Army Staff Judge Advocate, 8th Theater Sustainment Command, and his staff officers at Wheeler AAF Courthouse in Wahiawa. The presentation was titled, “American Occupation of the Hawaiian Kingdom: Beginning the Transition from Occupied to Restored State.”

On June 9, 2010, at the request of Gary Kurokawa, Administrator of the City & County of Honolulu Real Property Assessment Division, Dr. Sai gave a presentation on the evolution of Hawaiian land titles and the impact of the 1893 executive agreements to his staff of the Real Property Division at the Mission Memorial Auditorium in Honolulu, and on June 28, 2010, at the request of Scott Teruya, Administrator of the County of Maui Real Property Tax Division, Dr. Sai gave the same presentation to his staff at the HGEA Building in Kahului.

On November 13, 2010, the Association of Hawaiian Civic Clubs at their annual convention at the Sheraton Keauhou unanimously passed Resolution No. 10-15 Acknowledging Queen Lili`uokalani’s Agreements with President Grover Cleveland to Execute Hawaiian Law and to Restore the Hawaiian Government. The resolution acknowledged the Lili`uokalani Assignment and the Agreement of Restoration as binding executive agreements upon the successors in office of President Cleveland, which at the present time is President Obama.

Defense attorneys have also been using these executive agreements as grounds for dismissal in State of Hawai‘i v. Kaulia (criminal no. 09-1-352K), State of Hawai`i v. Larsen (case no. 3DTA 08-03139), State of Hawai‘i v. Larsen (case no. 3DTC 08-023156), Onewest Bank v. Tamanaha (case no. 3RC 10-1-1306), and Fukumitsu v. Fukumitsu, et al. (case no. 08-1-0843RAT). The executive agreements have also brought to light defects in current fee-simple ownership of land and the filing of title insurance claims, which has a profound impact on the mortgage industry and foreclosures here in Hawai‘i.

The purpose and duties of the joint investigating committee shall be to inquire into the status of the executive agreements by holding meetings and hearings as necessary, receiving all information from the inquiry, and submitting a final report to the Legislature. Representative Mele Carroll stated that the purpose of House Concurrent Resolution 107 is to “ensure that we, as Legislators, who took an oath to support and defend not only the Constitution of the State of Hawai‘i, but also the Constitution of the United States, must be mindful of our fiduciary duty and obligation to conform to the Supremacy Clause of the United States Constitution. As Majority Whip for the House of Representatives of the State of Hawai‘i, it is my duty to bring the executive agreements to the attention of the Hawai‘i State Legislature and that the joint investigating committee have the powers necessary to receive all information for its final report to the Legislature.”

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House Bill 1486 HD1 passes out of the House of Representatives. Addresses complaints on the island of Lana’i.

In News Release on March 15, 2011 at 10:22 pm

HONOLULU—On Tuesday, March 8, 2011, the members of the House of Representatives voted to pass House Bill 1486 HD1. Introduced by Representative Mele Carroll, House Bill 1486 HD1 requires that small boat harbor vessel permittees who, in the course of providing an excursion using state boating facilities, disembark fare-paying passengers in certain counties with the expectation that they will visit state property adjacent to quasi-public property during the excursion, to accompany passengers at all times while ashore.
House Bill 1486 HD1 will now crossover to the Hawaii State Senate for consideration.

“House Bill 1486 HD1 requires small boat harbor vessel permittees to escort and accompany their passengers during their visit ashore by an affiliated crewmember equipped to render emergency care. Furthermore, HB 1486 HD1 will address and remedy the unauthorized commercial use of Hulopoe Beach Park on Lanai by Maui tour boat operators,” Rep. Mele Carroll said.

Rep. Carroll further stated, “Time and time again we have received reports and complaints of private tour companies from Maui dropping numerous tourists unescorted and unattended to fend for themselves. Tour company’s permits usually require these operators to stay with their customers until the end of their tour to ensure the health and wellbeing of their passengers.

These commercial permits generate the necessary revenues to improve and maintain these public facilities to ensure their sustainability. Currently, unsupervised tourists have presented issues such as overcrowding, over accumulated refuse, overuse of showers and toilet facilities, and have exacerbated the situation for those who live nearby and rely on the only public beach with shower, toilet and picnic table facilities.

In addition, emergency situations are made unnecessarily complex and dangerous as many of these patrons are without identification or any type of communication with the private charter companies. House Bill 1486 HD 1 sets provisions for the use of quasi-public areas by patrons of tour companies and requires that such companies accompany their customers while they are ashore and that they conduct business in a satisfactory and mutually beneficial manner that will adhere to the best interests of all involved.”

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House Bill 850 HD1, passes the Hawaii State House of Representatives. Designates Lana’i community-based fishery resource management area.

In News Release on March 15, 2011 at 10:17 pm

HONOLULU—On Tuesday, March 8, 2011, the members of the Hawaii House of Representatives voted to pass House Bill 850 HD1. Introduced by Speaker of the House Calvin Say by request, House Bill 850 HD1 will designate a community-based fishery resource management area program for the island of Lana’i to ensure that traditional Hawaiian fishing practices are preserved and nurtured.

House Bill 850 HD1 will now go to the Hawaii State Senate for consideration.

In 2007, Rep. Mele Carroll authored the legislature enacted Act 212, “to create a system of best practices that is based upon the indigenous resource management practices of moku (regional) boundaries, which acknowledges the natural contours of land, the specific resources located within those areas, and the methodology necessary to sustain resources and the community.” The Aha Kiole advisory committee, created by Act 212, discovered that traditional natural resources management practices can be compatible with western concepts of resource management if implemented properly.

Rep. Mele Carroll commented that, “HB 850 HD1 creates an advisory committee comprised of local members of the community that will be able to address the concerns of over-fishing on Lana’i. This committee shall incorporate traditional Hawaiian caretaker (konohiki) practices to implement traditional fishery management practices for the regulation of fishing and gathering to promote the sustainable use of marine resources. It is imperative that we take the necessary measures to cultivate, preserve, and restore our islands’ natural resources and habitats to safeguard their future existence for the generations to come.

It is beneficial for everyone on Lana’i that should this bill become law, Lana’i residents would have the frame work in place to designate Lana’i a community based fishery resource management area where the Aha Ki’ole advisory committee can work collaboratively with the community on this matter.”

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