Ka Wai Ola - Office of Hawaiian Affairs, Volume 2, Number 5, 1 Mei 1985 — Hawaiian Measures Closely Monitored [ARTICLE+ILLUSTRATION]

Hawaiian Measures Closely Monitored

OHA and the 13th State Legislature

Office of Hawaiian Affairs trustees and staff testified on a nurrrber of bills and resolutions related to Hawaiian issues in the recently concluded 13th State Legislature. ln addition to the testimonies submitted, staff monitored other legislation that might impact on Hawaiians. As usual, in eaeh session, some legislation was adopted, some deferred and some held without hearings or heard without being reported out of committee. A partial listing of the legislation to whieh OHA testified, a brief summary and the status of eaeh is as follows:

HOUSE BILLS 181 — Relating to Historic Preservation. Repeals and replaces provisions relating to state title to historic properties. Adopted. 404 — Relating to OHA. Appropriation to fund programs of OHA. Appropriation for a protocol fund, with matching funds from the office. Provides that the office to pay proportionate share of costs of fringe benefits for employees, including hospital, medical and dental care under the public employees health fund, temporary disability insurance, unemployment insurance, life and long term disability insurance, workers' compensation, social security and retirement benefits. Adopted.

455 — Relating to Financial Disclosures. Requires finaneial disclosure statements to be filed by the trustees of the OHA. Deferred. 527 — A bill for an act making an appropriation for studies of cancer in Hawaiians. Also two corresponding bills in the Senate, 584 and 892, relates to the same appropriation. Note, all three bills did not make the cross-over in their respective houses. 1. $100,000 Cancer Study Research for Native Hawaiians to the University of Hawaii. 2. Halau Likolaulani O Hawaii purchase of service funds to be matched by OHA. Deferred.

1308 — Relating to discriminating in public accommodations. The intent of this bill is to implement the Constitutional guarantees of protection against discrimination. Deferred. 1580 — Proposing an amendment to Article XII of the Constitution of the State of Hawaii to provide for recall of trustees from the OHA. Deferred. 1581 — Proposing an amendment to the State Constitution of the State of Hawaii to provide for a single definition of Native Hawaiian and Hawaiian. This bill proposes to amend Article XII of the Hawaii State Constitution by adding a new section to provide for a single definition of Native Hawaiian and Hawaiian to mean any individual whose ancestors were natives of the area whieh constituted the Hawaiian Islands prior to 1778. Provides that this definition shall not apply to nor include the Hawaiian Homes Commission Act. Deferred.

HOUSE RESOLUT10NS 178 — Encouraging the State to proceed immediately with implementing the management programs outlined in the Alala restoration plan. Adopted. 244 — Urging the DOE, State of Hawaii, to immediately comply with the Constitution of the State of Hawaii, as amended in 1978, mandating the study of Hawaiian culture, history, and language throughout the public school system and to establish a state advisory committee to enhanee the

implementation of this mandate. Failed. 247 — Urging permanent status for the Hawaiian Studies Program. Failed. 250 — Urging the establishment of minimum educational criteria required of instructors participating in the Hawaiian Education Program and the implementation of a certification program for the teaching of Hawaiian Studies in cooperation with the College of Education and the Hawaiian Studies Program, U of H. Failed.

251 — Supporting the nomination of the Pu'uhonua O Honaunau to the World Heritage list. Adopted. 422 — Requesting the Departments of Urban and Regional Planning of the University of Hawaii, Land and Natural Resources, Hawaiian Home Lands and the OHA to continue its efforts in fulfilling the intent and purpose of HR 304, HD 1, whieh requests a study on the feasibility of setting aside state lands for the practice of subsistence lifestyles. Adopted. SENATE BILLS

58 — Relating to the Hawaiian Homes Commission Act, 1920. Repeals provisions requiring approval of the governor prior to granting license for use of Hawaiian home lands by the federal government for reservations, roads, rights-of-way, water storage and distribution and target ranges. 89 — Relating to exemptions for certain small-scale aquaculture projects previously subject to the State Environmental Impact Statement law. Deferred. See Legislature, Page 7

Office of Hawaiian Affairs T rustee Moses K. Keale Sr. of Kauai and Niihau gestures while presenting testimony before Rep. Kenneth Kiyabu's House Finance Committee at the State Capitol. Keale is chairman of the OHA Budget and Finance Committee. At the table, from left to right, are OH A Chairman Joseph Kealoha (with ehin on hands), Acting Administrator Ben Henderson and Administrative Services Officer Martin Wilson. Other OHA division officers, staff members and beneficiaries filled up the conference room.

• Legislature, from Page 1 260 — Relating to Financial Disclosures. Requires finaneial disclosure statements to be filed by the trustees of the OHA. Adopted. 404 — Relating to the Hawaiian Homes Commission Act, 1920. Amends conditions for homestead lease of Hawaiian Home Lands. Deferred. 436 — Establishes OHA revolving fund. Appropriation to fund positions and a protocol fund for the OHA, with matching funds from the office. Deferred. 468 — Relating to the Hawaiian Homes Commission Act, 1920. Amends provisions for homestead lease of Hawaiian Home Lands. Adopted.

469 — Relating to the Hawaiian Homes Commission Act, 1920. Amends conditions for homestead lease of Hawaiian home lands. Prov>des that upon death of lessee who has no designated successor or whose spouse or children are not qualified to succeed the lease, the DHHL is to pay appraisal value of improvements made, growing crops, and aquacultural stock to designated beneficiaries. Adopted. 540 — Relating to the State Water Code. Deferred. 564 — Relating to the State Water Code. Relates to aspects of water resource management including the adoption of state water use and protection plans, acquisition of real property to conserve and protect water and water related resources, designating water management areas, requiring permits for certain consumptive uses, declaring water drinking water program, adopting water quality plan and standards, issuing permits for discharge of wastes into State waters, developing and implementing a hazardous materials and wastes management system, registering all existing wells, and developing standards and issuing permits for well eonstruction and pump installation.

892 — Making an appropriation for the studies of cancer in Hawaiians. Deferred. 1095 - Relating to elections. This measure proposes certain amendments to various statutory provisions relating to elections. Deferred. 1214 — Relating to Historic Preservations. Requires any person responsible for an excavation at a construction site on puhlie or private lands where human bones and relics are uncovered, to immediately report the findings to the state historic preservation officer who shall determine if they have any historic or cultural value. Deferred. 1216 — Relating to Historic Preservation. Requires the DLNR to adopt rules establishing minimum standards for archaeo!ogica! reconnaissance and intensive surveys used for purposes of historic preservation and appiieahie provisions of the chapters relating to the land use commission and coastal zone management. Deferred.

1217 — Relating to the OHA. Deferred. 1218 — Relating to Historic Preservation. Provides that the funds set aside for the investigation, recording, preservation, and salvage of historical property or value also may be used for curation of the property or value. Deferred. 1219 — Relating to Historic Preservation. Deferred. 1220 — Relating to the Historic Preservation Program. Provides that the historic places review board shall meet at least 3 times a year. Deferred. 1221 — Relating to the OHA. Provides that the chairperson and vice chairperson of the BOT of OHA shall serve at the pleasure of the board. Repeals 2 year limit to term. Deferred.

1229 — Makingan appropriation to the DHHL. Appropriation from funds derived from the puhlie land trust to carry out the purposes of Hawaiian Homes Commission. Deferred. 1233 — Making appropriations to the DHHL. Appropriation for administration and op>erating costs of the DHHL. Deferred. 1376 — Relating to the OHA. Provides native Hawaiians and Hawaiian organizations the right to bring action in circuit court to resoive controversy relating to the Native Hawaiian Puhlie Trust under the State Constitution and the Admissions Act. Defines Native Hawaiian and Hawaiian organizations. Deferred. 1379 — Relating to the OHA. Deferred. 1433 — Relating to Human Services. Deferred.

SENATE RESOLUTIONS 35 — SCR 31, Requesting that ceded lands be made available to the OHA. Request DLNR to set aside, convey, or otherwise provide to OHA access to and use of ceded lands in order for the office to better effectuate its constitution and legislative mandates, and permit the office to use such lands as it chooses, including using the lands for an office site situated in Honolulu. Adopted.

70 — Supporting the nomination of the Pu'uhonua O Honaunau to the World Heritage List by the National Park Service. Adopted. 74 — SCR 59, Urging the UoH to approve permanent status for the Hawaiian Studies Program. Adopted. 117 — SCR 90, Requesting a Study on the Feasibility of the OHA assuming responsibility for the support and management of the DOE's Hawaiian Studies Kupuna Program. Failed.

133 — Requesting directional signs for the Bishop Museum. Failed. 139 — SCR 125, Requesting DLNR to acquire the title to Kukaniloko birthstones site. Failed.

176 — SCR 131, Requesting the OHA to initiate an administration program to increase awareness among the Hawaiian community regarding the proposed amendment to the Hawaii State Constitution creating a single definition of "Native Hawaiian" and "Hawaiian". Failed. 177 — SCR 132, Requesting a study and evaluation of the costs and effects of amending the Hawaii State Constitution to provide for a single definition of Hawaiian. Failed. 184 — SCR 138, Requesting the Department of Urban and Regional Planning of the UoH, DLNR, DHHL, and OHA to continue its efforts in fulfilling the intent and purpose of HR

304, HD 1, whieh requests a study on the feasibility of setting aside state lands for the practice of subsistence lifestyles. Adopted. Included in the $5.4 hillion two-year state budget bill were other items of particular interest to Hawaiian health and culture with funds provided for:

• A study of the high incidence of cancer in Hawaiians. • A memorial plaque explaining the historical significance of Queen Liliuokalani's life and reign to be placed at her statue. • Planning and construction of a statue of King Kalakaua. • Planning, research and restoration of a number of heiau on all islands, as well as the Waimea, Kauai Russian Fort, Kealakekua Bay complex, Washington Plaee and the Royal Mausoleum.