Ka Wai Ola - Office of Hawaiian Affairs, Volume 21, Number 6, 1 June 2004 — Legislative Scorecard [ARTICLE+ILLUSTRATION]

Legislative Scorecard

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In the April issue of Ka Wai Ola, we reported on the mid-session status of a number of measures in the state Legislature that had been identified as important to OHA's beneficiaries. In the May issue, we sought community input into the specifics of additional proposed measures whieh impact Hawaiians.This scorecard coversthefinal legislative status ofthe bills reviewed in May.

To help interpret the information, we have included excerpts from last month's community commentary on eaeh measure, along with its legislative outcome. The abbreviations indicate whieh committees heard the measure (see key on page 7). The governor has until June 28 to veto any of these measures, and until July 1 3 to approve any measure with or without her signature. If you have any concerns or questions regarding this report, please contact David Rodriguez at 594-1 756.

^3 Indicates a good bill for Hawaiians ^ Indicates a bad bill for Hawaiians ^3 ^ Indicates a controversial bill for Hawaiians ^3 SB2758 SD1 - Prohibits the state from selling, exchanging or otherwise alienating lands contained in the Public Land Trust. Commentary: Native-rights attorney Melody MacKenzie, stated in last month's issue that: "The state should not sell or otherwise transfer these lands until the elaim of the Native Hawaiian people is addressed and resolved. The ceded lands are the land hase for a re-estahlished Native Hawaiian government and should be held inīaeī for the Hawaiian peoplel" Outcome: The bill was referred to JHW/WLA, WAM, with Hemmings, Hogue, Slom, Trimble, Whalen voting no during passage for Third Reading. It was then referred to WLH, JUD and FIN, whereby it failed to pass Second Lateral in the House. ^3 HB1335 HD3 SD2 - Requires all students of Hawaiian descent at UH to receive tuition waivers. Commentary: Dr. Verlieann MalinaWright, Chairperson of the Native Hawaiian Education Council, supported the measure, noting: "We have waited 92 years for the educational needs of our people īo be meī."" Outcome: This bill was heard by HED, WLH, FIN. Jernigan and Moses voted no in FIN, while Fox voted no during passage for Third Reading. It was then heard by JHW/EDU, WAM but failed in Conference, whereby Takai, Kanoho, Kaho'ohalahala and Hanabusa, Sakamoto, Taniguchi were co-chairs. ^ HE1805 HD3 - Clarifies the policy of the state to actively encourage the maintenance and expansion of federal investment in military facilities in the state. Commentary: Dr. Jon Van Dyke of UH's Richardson School of Law stated: "In its present state, the measure would be detrimental īo the Hawaiian community, because it expresses support for a continued substantial military presence in Hawai'i wiīhouī a corresponding recognition of the urgent need īo address and resolve the claims of the Native Hawaiian people against the federal government." Outcome: This bill was heard by PSM, WLH, FIN, with Shimabukuro voting no in FIN and Kaho'ohalahala voting no during passage for Third Reading, and was referred to

ECD/TMG, whereby it failed to pass Second Lateral in the Senate. ^ HB1806 HD2 - Requires notification of the commanding officer of a military installation of (1) zoning changes and (2) district boundary amendment for land within 3,000 feet of a military installation. Commentary: Dr. Van Dyke stated: "This measure would be detrimental īo the Hawaiian community and should be opposed. The military is an imiīee to our 'āina anā should not play a āominanī role in determining how the lands should be used." Outcome: This bill was heard by PSM, WLH, FIN, with Kaho'ohalahala and Morita voting no in WLH, Shimabukuro voting no in FIN, and Kahikina, Kaho'ohalahala, Morita voting no during passage for Third Reading. It was then heard by TMG, WLA, whereby it was deferred by WLA and failed to pass Second Deck in the Senate. ^3 HB2074 HD1 SD1 CD1 Ensures that allowahle waivers or reductions of penalties for small businesses will not apply to any laws protecting the environment or cultural resources. Commentary: Melody MacKenzie stated: "This is generally a good measure īhaī will help protect important Hawaiian cultural anā environmental values." Outcome: This bill was heard by EDB, EEP/TAC, JUD with Bukoski, Jernigan, Stonebraker voting no during passage for Third Reading. ENE/ECD heard the bill whereby it passed Conference with Hogue, Slom, Whalen voting no during passage for Final Reading and was Transmitted to the governor.

^3 HB2166 HD1 - Establishes a presumption that a dwelling is not a farm dwelling if certain nonagricultural features in a subdivision or development are determined to be present. Commentary: Alan Murakami of the Native Hawaiian Legal Corporation stated: "The passage of this measure woulā be timely, given the spate of developments seeking īo avoid eomplianee wiīh the agriculture provisions of state land-use law." Outcome: This bill was heard by WLH/AGR with Blundell, Jernigan, Leong, Marumoto, Meyer, Moses, Ontai, Stonebraker voting no during passage for Second Reading and Blundell, Jernigan, Leong, Marumoto, Meyer, Moses, Ontai, Pendleton voting no during passage for Third Reading. It was then deferred by WLA whereby it failed to pass Second Lateral in the Senate. ^3 HB2167 - Prohibits gated eommunities that deny public access to any coastal shoreline or mountain or inland areas used for recreational or cultural purposes. Commentary: Ms. MacKenzie stated: "Although this is a good measure, anā will help Hawaiians gain access to shoreline anā inlanā areas, the Legislature should undertake a eomprehensive review of access problems throughout Hawai 'i." Outcome: This bill was heard by WLH, JUD with Souki voting no in JUD and Blundell, Fox, Jernigan, Meyer, Souki, Stonebraker voting no during passage for Third Reading. It was then referred to TMG/WLA, JHW whereby WLA/TMG held the bill in the Senate. ^3 HB2985 HD2 - Allows the governor to select one appointment to the Land Use Commission from a list of

nominees submitted by OHA, and two appointments eaeh from lists of nominees submitted by the Speaker of the House of Representatives and the President of the Senate, as well as the Minority leaders of the House and Senate. Commentary: Alan Murakami stated: "This is a good measure for Hawaiians. It woulā give OHA unprecedented inpuī into the appoinīment process, whieh is āue." Outcome: This bill was heard by WLH, JUD with Thielen voting no in WLH and Blundell, Bukoski, Ching, Finnegan, Fox, Halford, Jernigan, Leong, Marumoto, Meyer, Moses, Ontai, Stonebraker, Thielen voting no during passage for Second Reading. Finnegan, Marumoto, Thielen voted no in JUD with Blundell, Bukoski, Ching, Finnegan, Fox, Halford, Jernigan, Leong, Marumoto, Meyer, Moses, Ontai, Pendleton, Stonebraker, Thielen voting no during passage for Third Reading. It was then referred to WLA, JHW whereby it failed to pass Second Lateral in the Senate. ^3 SB643 SD2 HD3 - Establishes a temporary bioprospecting advisory commission to address issues related to bioprospecting, including equitable benefit sharing, and appropriates funds to enable the commission to develop a comprehensive bioprospecting plan. The commission would be attached to OHA for administrative purposes. Commentary: Mālia Nobrega of the Waikīkī Hawaiian Civic Club said, "The proposed commission will have little work to do if interim regulations staking Hawai'i's elaim to our biodiversity are not put in plaee now." Outcome: This bill was heard by WLA/JHW, WAM with Hemmings, Hogue, Slom, Trimble, Whalen voting no during passage for Third Reading. It was then heard by WLH, EDB, FIN with Thielen voting no in WLH. Fox, Thielen voted no during passage for Second Reading with Fox voting no during passage for Third Reading whereby it failed in Conference with Inouye, Hanabusa, Taniguchi and Kanoho, Schatz, Karamatsu as co-chairs. ^3 SB1556 SD2 HD2 - Clarifies the definition of "shoreline'; prohibits shoreline planting to establish the shoreline for certification purposes; and authorizes the state land surveyor to rescind a shoreline certification based on misrepresentation in the application. Commentary: Jeff Mikulina, President of the Sierra Club - Hawai'i Chapter, stated: "The measure clarifies īhaī the shoreline is aī the highest wash ofwaves during the season when the highest wave wash occurs, anā increases public notification of shoreline certifications. But the measure should be amenāeā by deleting any reference īo vegetation growth (an ināiea-

tor occasionaUy abused by homeowners who wanī to reduce their setback)." Outcome: This bill was approved by WLA, WAM. It was then heard by WLH, FIN with Jernigan, Meyer, Moses voting no in FIN and Fox, Meyer, Moses, Ontai, Pendleton voting no during passage for Third Reading. Kanoho, Takamine were named co-chairs, but the measure failed in Conference as the Senate did not appoint its co-chairs. ^ SB2440 SD1 HD1 CD1 Allows 999-year homestead leases and certificates of occupation to be assigned to a parent's siblings, children of a parent's siblings, or grandchildren of a parent's siblings. The original language of this bill also included hānai and adopted first cousins. Commentary: Kupuna Harriet 0'Sullivan stated: "If this measure is approved, I certain1y believe it would improve the status of the hānai ehilā ." However, OHA opposed the inclusion of hānai because there is not yet any legal definition of this term, and because the practical implications are so unique that inheritance matters should always be decided on a cas-by-case basis. Outcome: This bill was heard by WLA, JHW then by WLH, HSH, FIN. The bill was then amended in Conference whieh removed the term "hānai," with Inouye, Hanabusa and Kanoho, Kahikina, Hamakawa, Kawakami as co-chairs whereby it was transmitted to the governor.

SB3052 SD2 HD2/HB2656 Establishes policies and procedures for identifying and managing important agricultural lands (IAL). Commentary: Alan Murakami supported the intent of the measure, but noted: "Uses do not uniform1y conform to the agreements by the Agricultural Working Group, so we recommend deferring the measure." Outcome: This bill was approved by WLA, WAM then by WLH, AGR, FIN. However, the measure failed in Conference with Kanoho, Abinsay, Takamine and Inouye, Taniguchi as co-chairs. ^ SB3116 SD2 - Establishes standards and violation penalties for discharge of wastewater and air emissions from commercial passenger vessels into marine waters of the state. Commentary: Sierra Club Hawai'i Chapter President Jeff Mikulina stated: "While the measure allows for pena1ties anā sets up a monitoring inspection program ... this measure currently doesn't go far enough to protect Hawai'i's coastal waters. The measure should be amenāeā to prohibit all sewage and gray water from being discharged into Hawai'i's waters." Outcome: This bill was heard by TSM/ECD/ENE, WAM with Hemmings, Slom voting no in TSM/ECD/ENE and Kawamoto, Hemmings, Slom, Trimble voting no in WAM. Hemmings, Slom, Trimble voted no during passage for Third Reading. The bill failed to pass the Second Lateral as TAC/EDB /TRN, EEP, FIN never scheduled a hearing in the House.B

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Senate Committees ECD Eeonomie Development Chair: Fukunaga; Vice Chair: Aduja ENE Energy & Environment Chair: English; Vice Chair: Kokuhun JHW Judiciary & Hawaiian Affairs Chair: Hanabusa; Vice Chair: eiiun Oaklanā LBR Labor Chair: Kanno; Vice Chair: Ihara TMG Transportation, Military Affairs & Government Operations Chair: Kawamoīo; Vice Chair: Espero TSM Tourism Chair: Kim; Vice Chair: Tsutsui WAM Ways & Means Chair: Taniguchi; Vice Chair: Kokuhun WLA Water, Land & Agriculture Chair: Inouye; Vice Chair: Espero

House Committees AGR Agriculture Chair: Abinsay; Vice Chair: Sonson EDB Eeonomie Development & Business Concerns Chair: Schatz; Vice Chair: Wakai EEP Energy & Environmental Protection Chair: Morita; Vice Chair: Waters FIN Finance Chair: Takamine ; Vice Chair: Kawakami HED Higher Education Chair: Takai; Vice Chair: Tomayo HHS Human S ervices & Housing Chair: Kahikina; Vice Chair: Shimabukuro JUD Judiciary Chair: Hamakawa; Vice Chair: Oshiro PSM Puhlie Safety & Military Affairs Chair: Ito; Vice Chair: Mināo TAC Tourism & Culture Chair: Chang; Vice Chair: Karamatsu TRN Transportation Chair: Souki; Vice Chair: Caldwell WLH Water, Land Use & Hawaiian Affairs Chair: Kanoho; Vice Chair: Kaho 'ohalahala