Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 4, 1 April 1997 — HB 2207 shows "old boy" network alive and well [ARTICLE+ILLUSTRATION]

HB 2207 shows "old boy" network alive and well

In one of those strange twists of fate, Representative Ed Case, a descendant of missionaries, somehow was named to chair the House Hawaiian Affairs Committee for thef 997 legislative session, and he has

proved determined to live up to the injustices perpetrated by his ancestors. Case produced House Bill 2207 and railroaded it out of his committee. This monstrous and dishonest pieee of legislation, whieh revokes language in the Constitution, the Admission Act, and Act 304, begiris with a discussion of how wrongheaded ]udge Heely was in misreading the legislature's intent when he ruled in OHA's favor. It is couched in terms of doing a big favor for everyone, especially OHA. What it really does is open the door for a ceded lands inventory compiled in the state's favor by the Department of Land and Natural Resources and other mechanisms designed to slash ceded land revenues payable to Hawaiians. With the goal of reducing the state's debt to OHA, House Bill 2207 provides for retroactive application. The law does not look favorably on retroactivity and Attorney Case fully expects OHA to challenge this bill. The bill's unbelievably amateurish Section 10 seems to presume we will be successful in our attack since it starts off, "Even if the retroactive effect is held invalid..." The bill then goes on to provide that its statement of the intent of Act 304 is correct no matter what. In other words, it remains retroactive, even if a court says it's not. While I happen to agree with Representative Case that OHA will prevail in any challenge (including to Section 10), 1 would rather see it die without being enacted. Unfortunately, on March 4, the House approved this bill and referred it to the Senate's Water, Land and Hawaiian Affairs and Ways and Means Committee. This was a black day for Hawaiians, but the vote breakdown teaches us something: 20 votes against, 18 in favor, and 13 cast as kanalua. Those against were the compassionate and almost unanimous (except for Representative Marumoto) Republican minority: Sam Aiona - Makikī, Tantalus, Mānoa Galen Fox - Waikīki, Ala Wai Chris Halford - Mākena, Kula, Kihei etc. Quentin Kawananakoa - Nu'uanu, Punchbowl, Pauoa, etc. Bob McDermott - Āliamanu, Hiekam, Foster Village, 'Aiea, Hālawa Valley Colleen Meyer - Lā'ie, Waikane, Waiāhole, etc. Mark Moses - Kunia, Makakilo, 'Ewa, Waipahu, Kapolei David Pendleton - Kailua, Kāne'ohe, Enchanted Lake, Maunawili, Pōhākupu Cynthia Thielen - Kailua, Kāne'ohe Bay Drive Gene Ward - Haha'ione, Kuli'ou'ou, Niu, 'Āina Haina, etc. Paul Whalen -South Kona, North Kona Nine courageous and humane Democrats stood up to their party's leadership, opposed the bill and voted their eonscience: Dennis Arakaki - Kamehameha Heights, Kalihi Valley

Eric Hamakawa- South Hilo, Puna Mike Kahikina - Barber's Point, Nānākuli, Mā'ili, Wai'anae Hermina Morita - Ha'ikū, Hāna, Hanalei, Kapa'a David Pendleton - Maunawili, Kailua, Enchanted Lake, Kāne'ohe Scott Saiki - McCully, Mō'ili'ili, Kaimuki, Kapāhulu Alex Santiago - Schofield, Kahuku, Mokule'ia Mark Takai - Waimalu, Waiau, Royal Summit, Newtown Roy Takumi - Pearl City, Waipahu David Tarnas - South Kohala, North Kona Voting for the bill were 18 Democrats: Romy Cachola - Kalihi Kai, Pālama EdCase- Mānoa Jerry Chang - South Hilo Ken Ito - Kāne'ohe Marilyn Lee - Mililani, Waipi'o Ron Menor - Wheeler AFB, Mililani Bob Nakasone - Kahului, Wailuku, Waikapū Tom Okamura - Red Hill, Hālawa Heights, Pearlridge, 'Aiea Paul Oshiro - 'Ewa Beach, Waipahu Calvin Say - Pālolo, St. Louis, Kaimuki Joe Souki - Waihe'e, Wailuku David Stegmaier - Hawai'i Kai, Portlock, Kalama Nathan Suzuki - Āliamanu, Moanalua, Salt Lake Dwight Takamine - N. Hāmākua, N. Hilo, N. Kohala Terrance Tom - Kahalu'u, 'Āhuimanu, He'eia, Kāne'ohe Brian Yamane - Diamond Head, Kapāhulu, Kaimuki, Waikiki Nobu Yonamine - Pacific Pahsades, Momilani, Mānana Terry N. Yoshinaga - McCully, Mō'ili'ili, Pāwa'a Worst of all were the kanalua votes. Kanalua is an alternative to voting yes or no, but if the role is called three times and the legislator continues to respond kanalua, he knows his vote will be counted as a yes. These kanalua votes propelled passage of House Bill 2207 -and the thirteen cowards scared into casting kanalua votes were: Felipe Abinsay - Moanalua, Shafter, Kapālama, Kahili Waena Lei Ahu Isa - 'Ālewa, Kapālama, Liliha, Nu'uanu, Pu'unui Nestor Garcia - Waipahu, Crestview Kenny Goodenow - Waimānalo, Keolu, Lanikai, Kailua Bob Herkes - Ka'ū, Puna Kenneth Hiraki - Kaka'ako, Downtown, Ala Moana Merwyn Jones - Mākaha, Wai'anae Ezra Kanoho - Lihu'e, Kapa'a Bertha Kawakami - Kōloa, Waimea, Ni'ihau Barbara Marumoto - Wai'alae, Kāhala, Wilhelmina Rise David Morihara - Pā'ia, Makawao, Ku'ia, etc. Marcus Oshiro - Wahiawā, Whitmore Village Mike White - Lāhaina, Kā'anapali, Moloka'i, Lāna'i This is a good time for us Hawaiians to evaluate our political affihation and voting practices. Whether or not we are considering a party change , we should all be casting our vote in 1998 for candidates committed to the our well-being and fair treatment. Meanwhile, please eall your senator and express your outrage at House Bill 2207. We must step up to the plate and openly eampaign for candidates to replace these legislators who have consistently voted against Hawaiians, i.e., Maui's Joe Souki and Calvin Say from Pālolo and St. Louis Heights. Let's get rid of the old boy network!

Ak* HA Trustee, At-Large