Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 4, 1 April 1997 — HB 2207 breaks the contract between state & Hawaiians [ARTICLE+ILLUSTRATION]

HB 2207 breaks the contract between state & Hawaiians

As it is written, HB 2207 breaks the state's promise to Hawaiians. For Hawaiians, this bill is one of the most threatening measures to cross from the House to the Senate. It would completely rewrite existing law on ceded lands, breaking many existing agreements between the state and Hawaiians, and slash payments to Hawaiians for ceded lands. Though the bill was

opposed by OHA and other Hawaiian organizations and individuals, many thought that HB 2207 might pass with little resistance, since it was supported by House leadership and the administration. In addition, the bill's authors and maior sup-

porters — including Representatives Ed Case, Nathan Suzuki and Calvin Say — hold powerful positions on the committees that held hearings on the bill. And despite negative testimony in those hearings, the bill was indeed allowed to proceed forward. But when HB 2207 went before the full House, it met serious opposition. Despite an impending dead-

line to make crossover, members spent hours debating the measure, with 16 floor speeches, most of them opposing the bill. "It is not a matter of being Hawaiian, being pro-Hawaiian, or being anti-Hawaiian," said Rep. Dennis Arakaki. "It is a matter of doing what is pono, doing what our conscience tells us is right. Justice, not the state's fiscal crisis, must be _ the bottom

line." "OHA is the State of Hawai 'i' s manifested commitment to the H a w a i i a n people," said Rep. David Pendleton.

"We have made a lot of promises to OHA whieh we have not kept, and this House Bill 2207 is the latest, and perhaps most dramatic action to go back on our promises." In the final vote, just 18 members supported HB 2207 (several "with reservations") while 20 votes were cast against it. And an unusually high number of members, 13 in all, voted kanalua. In Hawaiian, kanalua means "doubtful, undecided, dubious, or uncertain." Legislators ean pass on a vote saying kanalua, but such a vote is ultimately counted as a "yes," and so the bill was passed. The divided outcome, however, demonstrates that many representatives have serious concerns about HB 2207, and supports OHA's assertion that the bill is unfair and unconstitutional. The Senate now takes up the measure, where OHA hopes it may be rewritten completely. "There are many thoughtful, reasonable, and attainable ways to address the ceded lands issue," said OHA Trustee-elect Hannah Springer. "But we first need to work together and enter a constructive dialogue." OHA Chair Clayton Hee agreed. "HB 2207 is unfair, short-sighted, regressive, unconstitutional...you could fill a book with everything wrong about it. And it barely passed. OHA would mueh rather support legislation than oppose it. But we will not support what is unjust. Neither will the eommunity"

Where's HB 2207 Now? The bill goes to the Committee on Water, Land and Hawaiian Affairs. If it passes, it will go to the Ways and Means Committee. A list of the legislators on these committees is on Page A2.