Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 5, 1 May 1997 — A Look Back At The 1997 Legislature [ARTICLE+ILLUSTRATION]

A Look Back At The 1997 Legislature

The 1997 Legislature has provided Hawaiians with a few accomplishments to celebrate. But there is also mueh to be concerned about. From the first day, lawmakers were focused on two major areas: unfinished business from last year's session and balancing the State's budget in a difficult economy. Such a background did not make for a conducive atmosphere to discuss Hawaiian issues. Indeed, this session was replete with assaults on native access rights, on ceded lands issues, and on homestead claims. Senate Bill 8 would have created impossible bureaucratic hurdles before native cultural practitioners could enter undeveloped land to gather flora, chant, dance hula, or for religious purposes. The original draft of House Bill 2207 would have obliterated the landmark Act 304, whieh spells out how ceded lands are managed on behalf of the publie and Hawaiians. And the first draft of House Bill 1857 would have specifically excluded legitimate claims already accepted by a panel empowered to hear such claims. All of these assaults were deemed justifiable by their authors because of the State's eeonomie condition. But every bill went deeper than eeonomie caution could possibly require, overthrowing native rights, rewriting law, invalidating legal claims, and overturning court decisions. In the end, strong opposition to these harsh measures, from both within the Legislature and from Hawaiian organizations, beat back the most regressive elements of some bills, defeated others outright, and won some outright victories. S.B. 8 was held in committee, after a dramatic 24 hour demonstration by kumu hula and other cultural practitioners. But after a day of listening to the pahu speak in the rotunda, Senators joined the demonstrators and symbolically tore apart the legislation.

H.B. 1857, relating to Hawaiian Home Lands claims, became a twoedged sword. If the House version was passed, many claims would be automatically set aside, regardless of how far they had already proceeded. If the bill died, however, the Individuals Gaims Panel would have expired, leaving all claimants with no recourse. In the end, a shortened version of the bill was passed, providing no money this session to satisfy existing claims, but at least extending the Qaims Panel to eonhnue its work. H.B. 2207 involved some of the most difficult maneuvers by OHA and others, and yielded several clear victories. The original draft was regressive, punitive, over-reaching, and in many opinions, unconstitutional. OHA Trustees labeled it "unfixable" and saw no hope for progress with the bill's authors. But after a spirited House floor fight, where the bill failed to win a clear majority, a mueh more moderate draft was crafted in the Senate, and the tide turned somewhat. In the end, within hours of the House/Senate conference deadline, a compromise was reached. The final measure contained no retroactive funding cuts, no end-runs to the Judge Heely decision, preserved Act 304, guaranteed current levels of OHA fun«fing for the next two years, and provided for a comprehensive ceded lands inventory, whieh Hawaiians have been wanting for moie than a decade. "When 2207 was first introduced, it seemed impossible that we could earn such gains as we eventually did," said OHA Trustee Abe Aiona. "I thank the OHA lobby team, all our friends and supporters in the House and Senate, and throughout the community." "Our work is already cut out for us next year," says Trustee Colette Machado. "We all have to start working now, talking with legislators from our own districts to let them know that Hawaiian rights and agreements with Hawaiians must be upheld. All who support these rights must be vigilant."

Ka Wai Ola o OHA Mel (May) ' 97 »

Mahalo to the many people and organizations who supported Hawaiian issues at the 1997 Legislature. Together, our voice was heard.

The OHA Legislative Report

OFFICE OF HAWAIIAN AFFAIRS