Ka Wai Ola - Office of Hawaiian Affairs, Volume 26, Number 6, 1 June 2009 — How did the Legislature do this session? [ARTICLE+ILLUSTRATION]
How did the Legislature do this session?
CapitoI observers weigh in
Cūmpiled by Liza Simūn 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 eeonomie 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, exeept SB 718, whieh became law inAct 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:
EOONOMie POLICY ROBIN PUANANI DANNER Chiefexecutive officet; Council for Native Hawaiiem Advcmcement, a community development nonprofit with more Ihan 100 Native Hawaiian organizations delivering community, social justice, education and cultural programs. 'Ā 'OIA I Passage V of SB 1268: would add Hawaiian Home Lands to County Affordable Housing Credit programs, wherein affordable homes built on homestead eommunities 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 whieh it has a ttust responsibility, but also gives energy to affordable housing development and job creation. Another positive move is the failure of HB 949 , whieh would have authorized the state Department of Hawaiian Home Lands to issue 99-year leases to nonbenehciary organizations and developers to develop eommercial projects on DHHL properties. This measure would have conflicted with the Hawaiian Homes Commission Act. AUWĒ I 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'ahubased nonprofit to whieh state employees may donate through payroll deductions.
EDUCATION KŪ KAHAKALAU, PH.D. Representative of Nā Lei Na'auao - Native Hawaiian Charter School AUianee on the Charter School Review Panel, whieh authorizes all charter schools in Hawai'i; founder anel director of Kanu o ka 'Āina New Century Puhlie Charter School, Waimea, Hawai 'i Island. V 'Ā 'OIA I Sadly, I do not know of any legislative action, in education or any other field, passed this session, that will benefit Native Hawaiians. ^ AUWĒ I Passage of HB 200: » would halanee 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 conununity 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 el: gible for such assistance and , services as ! provided by law."
SOCIAL SERVICES JON KEI MATSUOKA Dean, University ofHawai'i Myron B. Thompson School of Social Work 'Ā'OIA I Passage ^P 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-preven-tion program that enhances parenting skills and bonding between parent and child. AUWĒ I 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 heakh services are urgently needed statewide, particularly in low-ineome Native Hawaiian eommunities, whieh have lost the safety net of public services due to funding cuts.
EN ERGY JEFF MIKULINA Executive director, Blue Planet Foundation, a loeal nonprofit working toward making Hawai 'i a role moelel for energy inelepenelenee. 'Ā'OIA I Passage Jp of HB 1271: would establish a $1 surcharge on eaeh 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 programto support loeal food production. AUWĒ I The Legislatureunfortunately » tabled a policy (SB 1671) that would have prohibited the constmction of future eoal 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 eome from elean, indigenous sources. Hawaii's energy sovereignty cannot be achieved if we continue to invest in fossil fuel-buming infrastrucmre.
HEALTH JAMES RARICK President, Hawai'i Puhlie Heahh Association and participant in the first cohort of the Califomia/Hawai'i Puhlie Heahh Leaelenhip Institute. V 'Ā 'OIA I PasJp sage 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 physieal activity for all citizens. Native Hawaiian eonununities on the Wai'anae Coast would reap heakh benefits if safety and accessibility of their main artery, Farrington Highway, ean 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 I Passage of SB 292: * would reallocate funds in the Hawai'i Tobacco Settlement speeial 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 edu-
eaūon is emeial lor Native Hawaii ians, who suffer 3 disproportionI ately high rates f of cancer, diabetes and other diseases linked to obacco use.
LAW DEREK H. KAUANOE Kupu'āina Coalition eofounder and William S. Richardson School ofLaw graduate, whh a speckdiz,ation in Native Hawaiian law. (Note: His comments do not reflect the opinion of the eoalihion or the law school.) 'Ā'OIA I Passage ^P of SB 1677: protects "ceded" lands from being sold by requiring twothirds legislative pre-approval. However, SB 1085 better reflected the Legislature's policy toward Native Hawaiians as described in Senate Concurrent Resolution 40, whieh passed by virtue of legislative approval. SCR 40 urged the govemor 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 I Near pas^P sage of a bill that w would have eliminated general funds for OHA, whieh 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. Formnately, lawmakers worked k out and instead imposed a 20 percent cut. More generally, lawmakers sometimes hesitate to act upon or hear Hawaiianfocused bills in eommikee because of a false perception that there are inherent eonflicts 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.
KAU KĀNĀWAI ■ LEG I S LAT I ū N KAWAIOLA ĪHE LIVING WAĪER 0F OHA
Proposals ūimed ūt preventing genetic modificotion of i Howoiion taro in the lslands B gained momentum in the " stūte Legislūture this year. HB 1 663 and SB 709 ultimately failed to pass but remain alive and could be taken
up next session. - Pholo: Bloine Fergerstrom
Affordable homes builf on homesteads would be eligible to be counted toward county
credit reguirements of developers under SB 1268, approved by lūwmūkers. - Photo: Bloine Pergerstrom
NATIVE RIGHTS AND CULTURE MARTI TOWNSEND Program director and staff attorney, KAHEA: The Hawaiian-Environmental Allianee, an organizatwn that seeks to amplify the public's voice to improve protections for Hawai'i's unique natura! and cultural resources. V 'Ā 'OIA I 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 signifieanee of the plant to many Hawaiians. The bill's near passage provides momentum for passage next session. aAUWĒ I 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 eonstruction, not conservation. It cannot adequately advocate for the protection of the irreplaceable natural and eultural resources of the summit while advocating for the eonstruction of the next telescope. KAHEA, Mauna Kea Anaina Hou, the Royal Order
of Kamehameha I and the Sierra Club opposed this bill.
ENVIRONMENT ROBERT D. HARRIS Director, Sierra Club, Hawai'i Chapter, a nonprofit providing protection for Hawai'i 's unique natural resources. 'Ā'OIA I 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 I 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 waterquality standards may open the way for harmful impacts on fisheries and other aquatic resources that are important in Native Hawaiian tradifions andpractices.
CRIMINAL JUSTICE KAT BRADY Coordinator, Commun i ty Allianee on Prisons, a eommunity initiative working to develop effective interventionsfor Hawai'i's incarcerated populaūon. 'Ā 'OIA I 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-repre-sentafion 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 pewcente ronthestates.org. AUWĒ I 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.
www.oha.org/kawaiola KAU KĀNĀWAI ■ LEGISLATIDN
Lawmakers approved an OHA-supported study to examine the disparate treatment of Native Hawaiians in the state's criminal justice system. The resolution, whieh doesn't require the governor's approval, cūIIs for OHA to submit ū report on the findings and recommendations to the 201 0 Legislature. - Pholo: KW0 aiehm