Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 4, 1 April 1996 — Harmful legislative initiatives shelved [ARTICLE]

Harmful legislative initiatives shelved

by Pearl Leialoha Page Hawaiians faced this legislative session with a number of bills whieh, if passed, would have set Hawaiian rights back 20 years. These bills attempted to tell Hawaiians how they must use their entitled share of revenues from ceded and public lands. • HB 3955 called for a 20 percent cut of OHA's total trust fund balance eaeh fiscal year for education, health and eeonomie develop-

ment • HB 3874 required that 20 percent of the costs attributable to native Hawaiian recipients of government aid and housing assistance projects and programs be retained by the Department of Human Service and the Hawai'i Housing Authority ffom the revenues generated by the public land trust owed Hawaiians. • SB 2867 would have clarified definition of

"Revenue" as used in Chapter 10, to differentiate more clearly between types of proprietary revenues, to clarify what revenue should be included in calculating the share given to OHA and to ascertain amounts and timing of payments to OHA. "The 20 percent OHA gets ffom ceded lands is a trust entitlement promised at annexation and in the Admission Act," explains Scotty Bowman, OHA governmental affairs officer.

"This money comes to OHA to work for the benefit of native Hawaiians." The state Auditor agrees. Its 1993 report to the Govemor and Legislature reads: "We eonclude that all of OHA's ineome and proceeds, including the revenues received ffom the publie land trust are trust assets. ... Since these are trust funds, the responsibility for managing them rests with the OHA Board of Trastees. The Legislature should not subject the trust funds to appropriations and allotment control." Bowman credits the OHA lobby team — Trustees Frenchy DeSoto, Kīna'u Kamali'i, and Abe Aiona — in defeating these bills. One bill still bears watching. OHA did not ask the Legislature for any changes to its biennium budget this session. However Rep. Calvin Say proposed HB 3300 to open a discussion whieh could cut OHA's state-supplied MlHgēt. HB 3300 inrioctiolisly proposes changing the language in the OHA budget from "special funds" to "trust funds," a change OHA has sought in years past. However, the introduction of this bill under these fiscal uncertainties gives the Legislature an opening to re-examine OHA's budget. State funding plays a critical role in the delivery of services to all Hawaiians, as revenues from ceded lands are reserved for those of 50 percent or greater aboriginal blood. To serve other Hawaiians with the same services, OHA must find matching funds. "Legislative lobbying efforts have been effective thus far, but the session isn't over yet," Bowman said.