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Affordable homes built on homesteads would be eligible to be counted toward county credit requirements of developers under SB 1268, approved by lawmakers. - Photo: Blaine Fergerstrom |
do this session?
Capitol observers weigh in
Compiled by Liza Simon / Ka Wai Ola
While measures to stop the sale of ceded lands became both an emotional flashpoint and a unifying force for Native Hawaiians at the 2009 Legislature, hundreds of other bills up for consideration had the potential to affect the future of the Native Hawaiian community in arenas such as health, social services, education, resource protection and economic development.
For a look at how these bills fared this session, Capitol observers who are well-versed in policy matters offer their take on measures passed by the Legislature. (As of this writing, all the bills were pending consideration by Gov. Linda Lingle, except SB 718, which became law in Act 54.)
Ka Wai Ola asked the observers to comment briefly on two questions: What legislative action this session would most benefit Native Hawaiians? What legislative action would most be detrimental to Native Hawaiians? Here is their mana'o:
ECONOMIC POLICY
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Robin Puanani Danner |
'Ā'oia | Passage of SB 1268: would add Hawaiian Home Lands to County Affordable Housing Credit programs, wherein affordable homes built on homestead communities are eligible to be counted toward county credit requirements of developers. The legislation is excellent affordable housing policy, that not only represents good stewardship by state government for which it has a trust responsibility, but also gives energy to affordable housing development and job creation. Another positive move is the failure of HB 949, which would have authorized the state Department of Hawaiian Home Lands to issue 99-year leases to nonbeneficiary organizations and developers to develop commercial projects on DHHL properties. This measure would have conflicted with the Hawaiian Homes Commission Act.
AuwĒ | Failure of SB 640: would have supported the Hawai'i State Giving Campaign, enabling state workers to donate through payroll deduction to Hawai'i nonprofits. This would have created a fair process for all Hawai'i nonprofits to participate in a state giving program, similar to the Combined Federal Campaign and others. The measure's failure leaves state government providing only one O'ahu-based nonprofit to which state employees may donate through payroll deductions.
EDUCATION
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Kū Kahakalau, Ph.D. |
'Ā'oia | Sadly, I do not know of any legislative action, in education or any other field, passed this session, that will benefit Native Hawaiians.
AuwĒ | Passage of HB 200: would balance the state budget on the backs of Hawaiians and other "minorities," as it cuts funding for charter schools, health, public welfare and other public services, OHA, etc. While some lawmakers fought valiantly to advance Native Hawaiian interests, others failed to meet standards for education set by the state Constitution in many sections, including section 4, article X: "The state shall provide for a Hawaiian education program consisting of language, culture and history in the public schools. The use of community expertise shall be encouraged as a suitable and essential means in furtherance of the Hawaiian education program"; and section 3, article IX, "The state shall have the power to provide financial assistance, medical assistance and social services for persons who are found to be in need of and are eligible for such assistance and services as provided by law."
SOCIAL SERVICES
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Jon Kei Matsuoka |
'Ā'oia | Passage of SB 21: would ensure continued assistance to needy families, including many Native Hawaiians, by changing the administration of the aid from a block grant to an entitlement program. The block grant was subject to depletion of funds; the entitlement program provides help to all families that meet eligibility requirements. Given the recession, this bill ensures that households affected by job losses will be able to get help. Also, HB 200, the state budget bill, partially restored funding that the administration had cut for Healthy Start, a critical primary-prevention program that enhances parenting skills and bonding between parent and child.
AuwĒ | Failure to restore two major training programs for mental health professionals at the UH School of Social Work. The Hi'ilei and Palama projects trained social work students for careers in adult, and child and adolescent mental health, respectively. With recent high-profile cases, mental health services are urgently needed statewide, particularly in low-income Native Hawaiian communities, which have lost the safety net of public services due to funding cuts.
energy
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Jeff Mikulina |
'Ā'oia | Passage of HB 1271: would establish a $1 surcharge on each barrel of oil imported into Hawai'i to be used for energy security and to end Hawai'i's dependency on imported oil. This measure wisely taps the source of our problem – imported oil – to fund clean-energy programs. Would create a new funding source of about $30 million to $40 million annually for planning and implementing the state's clean-energy goals and, in particular, leveraging federal stimulus money for clean-energy projects, like smart grid infrastructure. In addition, about one-third of the surcharge would fund a new program to support local food production.
AuwĒ | The Legislature unfortunately tabled a policy (SB 1671) that would have prohibited the construction of future coal and oil power plants in Hawai'i. The bill made a critical policy statement and would help ensure that all new energy in Hawai'i will come from clean, indigenous sources. Hawaii's energy sovereignty cannot be achieved if we continue to invest in fossil fuel-burning infrastructure.
HEALTH
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James Rarick |
'Ā'oia | Passage of SB 718: became law in Act 54 requires the Department of Transportation and the county transportation departments to seek to reasonably accommodate access and mobility for all users of public highways, including pedestrians, bicyclists, transit users, motorists and people of all abilities. The law will help redesign streets to reduce traffic fatalities and improve opportunities for physical activity for all citizens. Native Hawaiian communities on the Wai'anae Coast would reap health benefits if safety and accessibility of their main artery, Farrington Highway, can be improved to offer a venue for daily exercise such as walking, an easy form of exercise known to reduce rates of disease associated with obesity.
AuwĒ | Passage of SB 292: would reallocate funds in the Hawai'i Tobacco Settlement special fund, reducing from 12.5 percent to 6.5 percent the amount of Master Settlement Agreement dollars used for tobacco prevention and control programs. Would threaten to reduce or even reverse the significant progress Hawai'i has made in lowering tobacco-use rates. Tobacco-cessation education is crucial for Native Hawaiians, who suffer disproportionately high rates of cancer, diabetes and other diseases linked to tobacco use.
law
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Derek H. Kauanoe |
'Ā'oia | Passage of SB 1677: protects "ceded" lands from being sold by requiring two-thirds legislative pre-approval. However, SB 1085 better reflected the Legislature's policy toward Native Hawaiians as described in Senate Concurrent Resolution 40, which passed by virtue of legislative approval. SCR 40 urged the governor to withdraw the "ceded" lands case, declared it the public policy of the state to honor the Hawai'i Supreme Court decision to ban ceded-lands sales pending the resolution of unrelinquished claims to ceded lands, and expressed the belief that pursuing the case to the U.S. Supreme Court was detrimental to Hawai'i prisoners.
AuwĒ | Near passage of a bill that would have eliminated general funds for OHA, which would have made it impossible for OHA to provide funding for programs that offer essential help in legal aid and education for Native Hawaiian beneficiaries. Fortunately, lawmakers worked it out and instead imposed a 20 percent cut.
More generally, lawmakers sometimes hesitate to act upon or hear Hawaiian-focused bills in committee because of a false perception that there are inherent conflicts of interest between the state and Native Hawaiians. I believe this was the case with SB 1085, mentioned above. Legislative inaction is just as detrimental as harmful legislative action.
NATIVE RIGHTS AND CULTURE
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Marti Townsend |
'Ā'oia | Near passage of HB 1663 and SB 709: would prevent the genetic modification of taro. Taro farmers and cultural practitioners supported both bills to protect all varieties of taro from genetic modification because they are concerned that changing the genetic structure of taro not only jeopardizes its natural allergy-free qualities, but also compromises the culturalwzand religious significance of the plant to many Hawaiians. The bill's near passage provides momentum for passage next session.
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Proposals aimed at preventing genetic modification of Hawaiian taro in the Islands gained momentum in the state Legislature this year. HB 1663 and SB 709 ultimately failed to pass but remain alive and could be taken up next session. - Photo: Blaine Fergerstrom |
AuwĒ | Passage of HB 1174: would give management authority for the conservation district on the sacred summit of Mauna Kea to the University of Hawai'i. The university's purpose on the summit is astronomy and telescope construction, not conservation. It cannot adequately advocate for the protection of the irreplaceable natural and cultural resources of the summit while advocating for the construction of the next telescope. KAHEA, Mauna Kea Anaina Hou, the Royal Order of Kamehameha I and the Sierra Club opposed this bill.
ENVIRONMENT
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Robert D. Harris |
'Ā'oia | Passage of SB 266: would address climate change by setting up a task force of community stakeholders, including Native Hawaiians. Task force would produce a report on ways to reduce detrimental impacts of climate change in the Hawaiian environment, including sea rise, coral damage, shoreline erosion, increased frequency of hurricanes, and loss of habitat for native species of plants and animals. Preventing these impacts is intricately linked to preserving land and natural resources that form an important part of Native Hawaiian culture.
AuwĒ | Passage of SB 1008: would adopt the minimum pollution standards permitted under the Clean Water Act. These federal water-quality standards lower the level of protection provided by more stringent Hawai'i state law for our streams, beaches and coastal waters. Relaxing water-quality standards may open the way for harmful impacts on fisheries and other aquatic resources that are important in Native Hawaiian traditions and practices.
CRIMINAL JUSTICE
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Kat Brady |
'Ā'oia | House Concurrent Resolution 27: OHA's study of the disparate treatment of Native Hawaiians in the criminal justice system. This is an important issue because of the over-representation of Hawaiians in our prisons. We need Hawai'i data to make the case for systems change. For reports on racism in the criminal justice system, visit pewcenteronthestates.org.
AuwĒ | Failure of SB 540: would have instituted the second phase of the Residential Drug Abuse Program (RDAP) in Hawai'i facilities, helping individuals learn about addiction and the triggers for relapse. The RDAP Reintegration Program helps individuals practice needed skills, thus reducing recidivism. The measure is needed to help Hawaiians affected by addiction develop the skills to support themselves and their 'ohana.
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Lawmakers approved an OHA-supported study to examine the disparate treatment of Native Hawaiians in the state's criminal justice system. The resolution, which doesn't require the governor's approval, calls for OHA to submit a report on the findings and recommendations to the 2010 Legislature. - Photo: KWO archive |
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