Ka Wai Ola - Office of Hawaiian Affairs, Volume 11, Number 3, 1 March 1994 — Legislature hears Sovereignty Commission biils [ARTICLE+ILLUSTRATION]

Legislature hears Sovereignty Commission biils

by Deborah L. Ward Pending further amendment in legislative committee hearings, a bill to replace the Hawaiian Sovereignty Advisory Commission with an elected Hawaiian Sovereignty Elections Board was instead evolving to continue the commission in order for it to carry out its original mission. House Bill 3630 (Relating to Hawaiian Sovereignty) was heard last month before the House Hawaiian Affairs and Judiciar> committees, and the Senate Government Operations, Environmental Protection and Hawaiian Programs committee. It

was pending the House Finance committee at press time for Ka Wai Ola 0 OHA. (A eompanion bill. SB 3153, was held in eommittee.) HSAC has requested $1.99 million in fiscal year 199495 to carry out its recommendations. Early amendments made last month to the bill included the following: — deleting references to creation of an elected 17-member eleetions board to take over the duties ofthe HSAC; — authorizing the commission to hire special counsel for legal services to carry out its duties under Act 359 (SLH 1993); — authorizing the commission to submit new legislation to the Legislature by December 1994 to request needed funding and other support for 1995. Responding to Hawaiian eom-

munity concerns, commissioners sought in the original language of HB3630 to replace themselves with an elections board, to remove any cause for objection among those Hawaiians opposed to a commission made up of members appointed by the governor. At the Feb. 5 HSAC-spon-sored gathering of 240 representatives of more than 100 Hawaiian organizations from all islands, that viewpoint was often expressed. However, strong support from many groups was also voiced for the HSAC commissioners to eonūnue their job. Many Hawaiian organizations submited testimony on both sides of the bill. In testimony before the House Hawaiian Affairs committee, OHA vice-chairman Abraham Aiona said OHA believes the present HSAC should be allowed to

eontinue and complete its work. OHA supported amendments to extend funding of HSAC another year and to attach it for administrative purposes to the Legislative Reference Bureau. OHA also recommended that the plebiscite question be worded to "ask the real question" and clearly state that voters were being asked whether they support the convening of a Hawaiian constitutional

or charter convention. OHA further supported the HSAC's plan for a mailout ballot in 1995 but noted that the bill should explain whether the intent was to conduct the election outside of the state of Hawai'i.

The House Hawaiian Affairs committee report after the first hearing noted, "... the Commission should be given the continued on page 3

HB 3629, a bill to establish a moratorium on further resale or exchange of ceded lands until a sovereign Hawaiian entity is established or recognized, passed the Hawaiian Affairs and Water, Land Use and Planning committees and was headed for the Finance eommittee as Ka Wai Ola went to press. It was amended to: exempt DHHL from provisions governing exchange of ceded lands; end the moratorium by 2004; allow transfer of ceded lands between OHA and other state agencies; exempt agreements for the sale or exchange of land whieh took plaee prior to the enactment of the bill; and allow land exchanges between the state and private landowners for historic preservation purposes.

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Commission asked to carry out its mandate

from page 1 opportunity to continue the work that it has begun. With its demanding schedule of eommunity meetings, the Commission is beginning to draw people into the process. For this reason, if the Commission were to be replaced at this stage, there would be a substantial loss of momentum, coming at a crucial time in the process. Moreover, the commissioners are just now developing the important attributes necessary to carry forth the commission's agenda. These attributes include intellect as well as a sense of spirituality and dignity." A Hawaiian Affairs committee amendment to change the status of the commission from advisory, and thus provide it greater authority, was reversed in the Judiciary committee because

there was no constitutional authority to give the commission direct powers to carry out its duties. However, HSAC commissioners feel strongly it is important for the commission to move beyond the advisory role in order to demonstrate greater independence from state control. HSAC commissioners were seeking a state Attorney General's opinion in support of their position. The intent of the Legislature in passing Act 359 last year, whieh created the HSAC, was "to acknowledge and recognize the unique status the native Hawaiian people bear to the State of Hawai'i and to the United States, and to facilitate the efforts of native Hawaiians to be governed by an indigenous sovereign nation of their own choosing." The HSAC consists of 19

Hawaiian members nominated by Hawaiian organizations in Hawai'i. Under Act 359 it received $400,000 (half from general funds, half from OHA funds) to make recommendations to the Legislature on carrying out the following tasks: • holding a referendum of Hawaiian voters on whether to convene a Hawaiian convention to draft an organic document for a Hawaiian sovereign document; • holding an election of delegates to the convention if the answer to the referendum is yes; and • ratification of the organic document by the Hawaiian people. The HSAC was also to advise the Legislature on: apportioning voting districts, establishing eligibility of convention delegates; conducting educational activities, including a voter registration

drive for Hawaiian voters, establishing the size and composition of the convention delegation, and establishing the dates for the speeial elections. At present, the HSAC proposes holding the first plebiscite in June, 1995, by mailout ballot. Commissioners wish to poll Hawaiians who are at least 16

years old, residents and non-resi-dents of Hawai'i, including those now serving prison sentences. Still to be determined are the actual plebiscite question, how registration would be handled, whether state funds ean be used for such a vote, and the timetable for the rest of the process.

..V ... . ■ ■» " ■ Hawaiian community groups gathered Feb. 5 to discuss proposed legislation to replace the HSAC with an elected elections board, and to halt transfers or sale of ceded lands.