Ka Wai Ola - Office of Hawaiian Affairs, Volume 20, Number 6, 1 June 2003 — Hawaiians both enjoyed successes and faced obstacles in the 2003 State Legislature [ARTICLE+ILLUSTRATION]

Hawaiians both enjoyed successes and faced obstacles in the 2003 State Legislature

OHA submitted nine bills for the 2003 State of Hawai'i Legislative session, six met successful passage. These legislative efforts consisted of; Ceded Land Revenues, the OHA 20032005 Biennium Budget, Native Hawaiian Registry, OHA representation on key State Boards and some housekeeping measures. Other measures included Trustee retirement and the Administrator' s salary, whieh had mueh legislative discussion. The Trustee retirement bill allowed Trustees to "buy-back" past years of service so that their retirement level would reflect their time at OHA. The Administrator salary bill "uncapped" the compensation level from the limitations of state statute, would have promoted greater OHA autonomy. On April 23, major success was achieved when Act 34 was signed into Law authorizing payment of $9.5 million in undisputed ceded land revenues to OHA. In total, OHA will receive $12.3 million from the state as retroactive payment owed OHA from July, 2001 to the present. The resolution of back revenues has been a contentious issue, however this year there was unanimous support for this action in

the House, the Senate and the Executive branches of state government. There is more to be done, disputed claims need to be resolved that include Duty Free Shoppers, harbors and other areas whieh require continued negotiation. This settlement of the undisputed revenues is a large step toward justice and fairness in our continued negotiation with the State of Hawai'i. It is not enough to pay past debts, with short fiscal commitments to a hiennium budget, there needs to be a long-term settlement, where the state's obligation to Native Hawaiians is understood and acted upon. One of the most important OHA measures did not make it through the legislative process, the re-enact-ment of Act 304. Since the invalidation of Act 304, by the Hawai'i Supreme Court, the exact amount of money from ceded land revenue due OHA and the source of that money remain unclear. SB 1151 was submitted by OHA to reinstate a formula for the calculation of revenues derived from ceded lands. This bill was amended to such a large degree that it eviscerated the main source of revenue for OHA. SB 1151 HD2, was written to reflect ceded land

revenues as though they were 'undeveloped', the lowest possible value from whieh to derive a percentage share. This interpretation would have effectively reduced revenue to native Hawaiians to a trickle. Beneficiaries and individuals of the Hawaiian community testified forhours against SB 1151 HD2, asking that it be killed. The Finance Committee chose to hold the bill, ending that version of the bill. Next year, before session begins, we will need to educate Legislators about the importance of reinstituting the spirit of Act 304, and ask again for their support to pass the original OHA bill. In 2004 we will return to the Legislature and ask for the restoration of a regular ineome stream for the betterment of native Hawaiians. This is what was lost when Act 304 was invalidated, and why we must continue to push for a permanent solution in the next session. Highlights of OHA's legislative package this session: • The establishment of a Hawaiian Registry for all Hawaiians, regardless of p laee of residence (SB 1156 HD2). OHA has the statutory obligation to act for the benefit of all Hawaiians, regardless of blood

quantum. For OHA to be effective we need to be able to identify who we serve. A public bill signing has been requested. • The OHA Biennium Budget passed (HB 1300 HD2 SD2 CD1) providing fiscal resources for 2003 through 2005. The bill authorized funds for the Native Hawaiian Legal Corporation, Alu Like, native Hawaiian Diet, and Nā Pua No'eau. • Native Hawaiian representation on the Water Commission (SB 1594). This was a compromise to OHA bill HB 1301, whieh asked for OHA representation on the Board of Land and Natural Resources (BLNR), the Land Use Commission (LUC), and the public advisory body for Coastal Zone Management (CZM). • OH A' s authority to award monetary grants is now codified within Chapter 10, of the Hawaii Revised Statutes (HB 1302). This was a housekeeping measure. • Reauthorization of the Hui 'imi Task Force (Act 42). The Task Force is a valuable resource to the State and the native Hawaiian eommunity. HITF serves as a forum for ideas and concerns regarding the delivery of social services to the Hawaiian Community by public and private agencies. ■

Colette Machado

Trustee, Moloka'i and Lana'i