Ka Wai Ola - Office of Hawaiian Affairs, Volume 8, Number 7, 1 July 1991 — Legislative bills updated [ARTICLE]

Legislative bills updated

Ka Wai Ola O OHA presents a summary of the bills passed by the 1991 Hawaii State Legislature. Among the measures passed was an appropriation to the Office of Hawaiian Affairs to encourage the return of native Hawaiian remains, and funding for the 1991-93 OHA budget. Significant bills also passed concerning individual Hawaiian Home Lands trust claims and recognizing 1993 as the 100th year since the overthrow of the independent nation of Hawai'i. Another measure called for a constitutional convention to discuss issues relating to Hawaiians. HB 370 — Making an appropriation for the repatriation of Native Hawaiian human remains. Appropriation to the Office of Hawaiian Affairs to encourage and enhanee efforts for the return of native Hawaiian ancestral remains and sacred objects; assist in the inventory, return, and proper treatment of remains; and to assure culturally appropriate treatment of native Hawaiian ancestral bones, associated burial goods, and sacred objects and the costs associated with repatriation and the implementation of cultural patrimony.

Passed. HB 701 — Relating to the Office of Hawaiian Affairs Budget. Appropriation to the Office of Hawaiian Affairs to supplement funds appropriated through Act 304, Session Laws of 1990 (OHA Budget). Includes appropriations for a comprehensive master plan for Hawaiians, genealogy centers, a sovereignty advisory eouneil to develop a plan to discuss and study the sovereignty issue and for college scholarships. Passed. HB 865 — Relating to low-interest loans to disaster victims and making an appropriation. Appropriation to the Housing Finance and Development Corporation to provide low-interest land acquisition, home construction, and mortgage loans of up to $35,000 eaeh to the residents and citizens of Hawai'i who have been dispossessed from their homes and lands as a result of the continued volcanic eruptions on the island of Hawai'i. Passed. continued page 5

Bills address Native Hawaiian issues from paae 1

HB 895 — Relating to individual Hawaiian Home Lands Trust claims. Establishes a process for individual beneficiaries under the Hawaiian home lands trust to resolve claims for actual damages arising out of or resulting from a breach of trust, whieh occurred between Aug. 21, 1959 and June 30, 1988. Establishes a claims review panel whieh will review and evaluate the merits of a elaim; render findings and issue opinions; prepare and submit reports to the governor and legislature; and disburse compensation awarded by the 1993 and 1994 legislatures. Allows the right to sue if the action taken by the legislature is not acceptable to an individual beneficiary claimant. Passed. HB 2100 — Relating to the naming of the Office of Hawaiian Affairs as a defendant in Quiet Title Actions involving kuleana land. Requires the Office of Hawaiian Affairs to be joined as a defendant by service upon the office in any quiet title action where the land claimed as kuleana land, and the owner of an inheritable interest in the kuleana land dies intestate, and there was no taker under the uniform probate code. Received by the Governor. SB 1434 — Relating to persons dispossessed or displaced by volcanic eruptions. Authorizes the Department of Land and Natural Resources to enter into long-term leases of 65 years, with persons living in Kalapana who were displaced by volcanic eruptions (beginning Jan. 3, 1983) on the island of Hawai'i and who are Hawaiians. Authority to enter into leases shall expire on Jan. 1, 1994 (sunset). Passed. SB — 1737 Making an appropriation to Department of Business, Eeonomie Development and Tourism for the community-based development program. Allows the Department of Business, Eeonomie Development, and Tourism to use all appropriations and other money in the Hawai'i community based development revolving fund not appropriated for a designated purpose to make grants and loans. Passed. HR 118 — Requesting the Board of Education to develop and implement regulations and procedures to monitor student academic progress and to assist all high school students whose grade averages fall below2.0. Adopted by the House. HCR 117 — Requesting the Hawaii U.S. Congressional delegation to provide humanitarian assistance to the people of Rongelap Atoll, Marshall Islands. The Hawai'i U.S. Congressional delegation secure without delay funds to ensure humanitarian assistance and relief to the people of Rongelap while they await the outcome of those studies that are undertaken pursuant to Section 103(i) of the Compact of Free Association; and improve the Rongelap people's current living conditions, meeting their special needs, and otherwise addressing the uniquecircumstancesfollowing the aftermath of U.S. atmospheric nuclear weapons testing. Adopted by the Senate. HCR 143 — Requesting the University of Hawai'i to report on its current efforts and recommendations to improve the delivery of programs and services to non-traditional students. The report should include the following issues: (1) Adoption of a more flexible academic calendar and schedule; (2) Increased hours of operation and increased selection of late afternoon, evening, and weekend courses and support services for students who work full-time; (3) Expansion of the distance learning education programs and services offered to neighbor island students; (4) Special consideration for commuter travel

expenses incurred by neighbor island students who choose to pursue programs and classes offered only at the university's Manoa campus; and (5) Increased proportion of underrepresented minorities in the student populahon by the reduction of opportunity disparities among nontraditional students. Adopted by the Senate. HCR 147 — Recognizing the year 1993 as the 100th year since the overthrow of the independent nation of Hawai'i. The year 1993 should serve Hawai'i as a year of special inflection to the rights and dignities of the native Hawaiians within the Hawaiian and the Amehean societies; and be a special time for Hawai'i to question the present and future role of people of every race who today constitute the "Hawai'i Society." The Legislature encourage the promotion of debate revolving around the future of Hawai'i as a Pacific Island society, within or without the United States of America. Adopted by the Senate. HR 210 — Providing for the commemoration of Grover Cleveland, an American president who stood for justice for the Hawaiian people. The name Grover Cleveland, 22nd and 24th president of the United States of Amenea, in recognition of his championship of the rights of the Hawaiian people be given to a government building, park, highway, or other appropriate major facility on O'ahu. Adopted by the House. HCR 320 — Supporting the U.S. Navy's research on supercritical water oxidation as a means to destroy ehemieal warfare agents, propellants, and other hazard6us or toxic materials. Adopted by the Senate. SR 32 — Calling for a Constitutional Convention to discuss issues relating to Hawaiians. The Legislature requests the Office of Hawaiian Affairs to facilitate the election of delegates to a Hawaiian constitutional convention to take plaee in 1993, the purpose of whieh is to discuss issues of interest to Hawaiians and develop recommendations to the Legislature on these issues. All Hawaiians, as defined in section 10-2, Hawai'i Revised Statutes, 18 years of age and older are eligible to become delegates to the convention. The Office of Hawaiians will provide staffing and arrange a location for the convention, but the convention will be independently run by the elected delegates. The recommendations of the convention will be submitted to a vote of acceptance or rejection by all eligible Hawaiians, as defined in Section 10-2, Hawai'i Revised Statutes; and the constitutional convention will submit its report and statement of issues and positions to the Legislature before the convening of the regular session of 1994. Adopted by the Senate. SR 83 — Requesting a study by the Legislative Reference Bureau on tuition waivers for Native Hawaiians within the University of Hawai'i system. The study shall include a comparative analysis of tuition waivers in other states throughout the country, such as Michigan's Indian Tuition Act, an assessment of alternatives to the present system that may provide more opportunities for Native Hawaiians to enroll in the University of Hawai'i system, and an assessment of the costs of providing tuition waivers. Adopted by the Senate. SR 84 — Acknowledging the year 1993 as the International Year for the World's Indigenous People. The Senate applauds the United Nations for its declaration 1993 as the International Year for the World's Indigenous People and calls upon the government of the United States of America to fully involve the Hawaiian people in every aspect of

the government's support of activities in preparation for and during the International Year for the World's Indigenous People. The Office of Hawaiian Affairs and all of Hawaii's civic organizations should be fully involved in preparation for and during the International Year for the World's lndigenous People. Also, the cooperation of Hawaii's indigenous people with the indigenous people of the Pacific and Asia in promoting mutual understanding, appreciation and peaee in this region of the world is also encouraged. The Hawai'i Council for the Year 1993 and beyond is supported in its efforts to promote and coordinate activities toward these ends. Adopted by the Senate. SR 124 — Urging the Department of Education and Kamehameha schools to explore the possibilities of the private operation of elementary schools with large enrollments of Hawaiian students. Adopted by the Senate. SR 127 — Requesting development of a master plan for a Hawaiian Cultural Center at Lapakahi State Historical Park. The plan should address such concerns as loeahon and design for a facility that would be in keeping with the historical and cultural setting, interpretive and cultural programs to be presented, the theme of Kamehameha I, and the role of Lapakahi in the larger context of North Kohala. Adopted by the Senate. SR 134 — Requesting a study of future uses of Washington Plaee. An interagency commission shall be formed to study the ramifications of relocating the Governor's residence from Washington Plaee to a suitable location; and study the feasibility and appropriateness of dedicating Washington Plaee as a memonal to Queen Lili'uokalani, functioning as a historic house open to the public and administered by the State Museum of Natural and Cultural History. The commission should be chaired by the governor or his designee and composed of seven members appointed by the governor representing the Department of Accounting and General Services; the Department of Budget and Finance; the Department of Education - Superintendent's Office; the Department of Land and Natural Resources - Historic Sites Division; the Office of the Governor; the Office of Hawaiian Affairs; and the Bishop Museum, State Museum of Natural and Cultural History. Adopted by the Senate. SR 163 — Recognizing the year 1993 as the 100th anniversary of the overthrow of the independent nation of Hawai'i. Adopted by the Senate. SCR 185 — Supporting and amending the governor's action plan to address controversies under the Hawaiian Home Land Trust and Public Land Trust. The Legislature accepts the Governor's action plan to address controversies under the Hawaiian Home Lands Trust and the Public Land Trust, with the following amendments: (1) Forbid the implementation by the Hawaiian Homes Commission of proposed resolutions of land elaim disputes without opportunity for public input including input from the trust beneficiaries; the Hawaiian Home Lands Claims Task Force should report to the 1992 Legislature on its work and accomplishments, recommendations for appropriation of funds, conveyance of additional lands to the Department of Hawaiian Home Lands, and other matters; (2) Require the Department of Hawaiian Home Lands to present a plan of action with the necessary budget requests to accelerate construction of water systems whieh ensure that beneficiaries have access to water in any location where water restrictions are preventing homesteading activities and that sufficient continued page 19

Legislature from page 5

provisions are made for future water needs in new homestead communities; (3) Require the state administration to pledge to authorize the sale of additional general obligation bonds to finance the design and construction of onsite and offsite improvements required as a prerequisite for subdivision and home construction for all lots awarded on an unimproved basis prior to 1991; An interim legislative committee shall be created by appointments by the President of the Senate from the Senate Committees on Housing and Hawaiian Programs and Ways and Means, and by the Speaker of the House of Representatives from the House Committees on Water, Land Use and Hawaiian Affairs and Finance, in consultation with' the Office of Hawaiian Affairs, the Department of Hawaiian Home Lands, the Office of State Planning, and affected community groups to: (1) Explore land exchanges, transfers and return of ceded lands to the Department of Hawaiian Home Lands or the Office of Hawaiian Affairs, or both; (2) Explore the issue of compensation for these land transfers, including their question of going beyond a value for value basis, the right of the first refusal when lands are returned to the State, and the resulting impacts on the Hawaiian Home Lands Trust and the Public Land Trust; (3) Explore the possibility of allocating 20 percent of the revenues derived from August 1959 to June 15, 1980 to either the Hawaiian Home Lands or the Office of Hawaiian Affairs if the federal government is required to pay the State all revenues from leases, rents, and revocable permits from federally controlled ceded lands; (4) Prepare comprehensive legislation to implement the Governor's Action Plan; and (5) Propose legislation whieh should implement the findings of the interim committee; A claims review panel shall accept, investigate, and develop advisory opinions on the merit and possible compensation of eaeh individual beneficiary elaim arising as a result of breaches of trust under the Hawaiian Homes Commission Act that occured between August 21, 1959 and July 1, 1988 in a report for discussion by the State Legislature. The findings and recommendations of the interim legislative committee will be presented for public hearing and discussion during the regular session of 1992. Adopted. SCR 222 — Urging a study by the Legislative Reference Bureau of alternative means of compensation of the Board of Trustees of the Office of Hawaiian Affairs in view of their increased responsibilities. Adopted by the House. HB - House Bill SB - Senate Bill HR - House Resolution HCR - House Concurrent Resolution SR - Senate Resolution SCR - Senate Concurrent Resolution Report by OHA Government Affairs division.

be written.before World War II. Groups must have no less than two persons and no more than five. At least half the members of a group must play a Hawaiian instrument (guitar, ukulele, bass) typical of pre-World War II music. Electric amplified instruments are not allowed. Prizes will be awarded for $1,000, $600, $400, $200and$100. To enter, eall Marge Hansen at 842-1133. Deadline to enter the song contest is Aug. 9. Ka Himeni Ana is sponsored by R. M. Towill Co.