REPORT TITLE:
Hawaiian Sovereignty


DESCRIPTION:
Provides for the convening of delegates and completion of a
convention as called for by the Native Hawaiian Vote.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1604
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HAWAIIAN SOVEREIGNTY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature, through Act 359, Session Laws
 
 2 of Hawaii 1993, recognized the unique status that the native
 
 3 Hawaiian people bear to the State of Hawaii and to the United
 
 4 States.  In November 1993, the United States Congress adopted
 
 5 joint resolution Public Law 103-150, which acknowledged and
 
 6 apologized for the illegal overthrow of the Kingdom of Hawaii and
 
 7 urged reconciliation between the United States of America and the
 
 8 indigenous Hawaiian people.
 
 9      Through Act 200, Session Laws of Hawaii 1994, the
 
10 legislature established the Hawaiian sovereignty elections
 
11 council, whose members were chosen by Hawaiian organizations and
 
12 confirmed by the governor, to oversee a vote to determine the
 
13 will of the native Hawaiian people with respect to a native
 
14 Hawaiian government.  Act 200 also called for the council to
 
15 provide an apportionment plan, establish the eligibility of
 
16 convention delegates, and conduct Hawaiian voter education and
 
17 registration.
 
18      The council was unable to complete its tasks in 1995 due to
 
19 a budget freeze.  The legislature subsequently passed Act 140,
 

 
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 1 Session Laws of Hawaii 1996, which reauthorized the council's
 
 2 unexpended budget and extended its work through December 31,
 
 3 1996.
 
 4      In response to the State's fiscal dilemma, council members
 
 5 consulted with the Hawaiian community, the governor, state
 
 6 legislators, and the office of Hawaiian affairs.  As a result of
 
 7 these consultations, the council approved a "tripartite" funding
 
 8 approach, whereby it agreed to raise one-third of the moneys
 
 9 required to continue this process from private sources and
 
10 approach the legislature and the office of Hawaiian affairs to
 
11 fund the remaining balance of required moneys.  Fourteen council
 
12 members acting in their individual capacities incorporated a
 
13 domestic nonprofit 501(c)(3) corporation, Hawaiian Sovereignty
 
14 Council doing business as Ha Hawaii, to raise the one-third share
 
15 of the moneys required from private sources, to conduct a vote
 
16 and an election of delegates, and to hold a convention.
 
17      In 1996, the council conducted the mail-out on the Native
 
18 Hawaiian Vote.  The ballot question was:  "Shall the Hawaiian
 
19 people elect delegates to propose a native Hawaiian government?"
 
20 Act 140 provided that a majority of the ballots cast would
 
21 determine the outcome.  Vote counting was administered by the
 
22 League of Women Voters and vote results were certified on August
 
23 24, 1996, in favor of the proposition.  Approximately 33,000 or
 

 
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 1 forty per cent of the voters registered for the election returned
 
 2 their ballots.  Of the returned, voted, and valid ballots, 73.28
 
 3 per cent or 22,294 were "YES" votes and 26.72 per cent or 8,129
 
 4 were "NO" votes.
 
 5      The legislature finds that the Hawaiian sovereignty
 
 6 elections council has fulfilled its responsibilities to the
 
 7 Hawaiian people, the general public, and the legislature under
 
 8 Acts 140, 200, and 359 in an exemplary manner.  The council spent
 
 9 thousands of hours in extensive consultation on an ongoing basis
 
10 with the Hawaiian people to formulate and implement the Native
 
11 Hawaiian Vote and recommend the next steps.
 
12      The legislature also finds that the council has demonstrated
 
13 its competence at working with a majority of the Hawaiian people
 
14 and performing the technical work necessary to carry out their
 
15 will to elect delegates to a convention to propose a native
 
16 Hawaiian government.  The legislature further finds that for
 
17 various reasons, including Ha Hawaii's performance and experience
 
18 thus far, Ha Hawaii is the most appropriate organization to
 
19 facilitate the election and convening of delegates and completion
 
20 of a convention for the purpose of proposing a native Hawaiian
 
21 government and that Ha Hawaii has already facilitated the
 
22 election of delegates for the convention.
 
23      Finally, the legislature finds that this Act would
 

 
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 1 materially advance the public's interests in determining the
 
 2 proper course of future action with respect to native Hawaiians
 
 3 including but not limited to their status as primary
 
 4 beneficiaries under the Hawaiian Homes Commission Act of 1920, to
 
 5 further canvass the opinions of native Hawaiians with respect to
 
 6 future governance of native Hawaiians by assisting in the
 
 7 election of delegates and the convening and completion of a
 
 8 convention on the matter addressed in the Native Hawaiian Vote.
 
 9 However, it is the legislature's express intent that nothing in
 
10 the convening and completion of a convention shall in any way be
 
11 construed as binding the State or any other government entity to
 
12 any course of action, or confer on the delegates, convention, or
 
13 any other person or entity any role other than purely advisory.
 
14      The purpose of this Act is to make an appropriation to
 
15 provide for the convening of delegates called for by the Native
 
16 Hawaiian Vote, completion of a convention, and preparation of
 
17 findings and recommendations.
 
18      SECTION 2.  As used in this Act, unless the context
 
19 otherwise requires:
 
20      "Ha Hawaii" means the domestic nonprofit corporation whose
 
21 purpose, among others, is to ensure that the Native Hawaiian Vote
 
22 mandate is carried out by the election of delegates and the
 
23 convening and completion of a convention.
 

 
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 1      "Hawaiian" and "Native Hawaiian" means the descendants of
 
 2 the races inhabiting the Hawaiian islands prior to 1778.
 
 3      SECTION 3.  There is appropriated out of the general
 
 4 revenues of the State of Hawaii the sum of $      or so much
 
 5 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
 6 of $       or so much thereof as may be necessary for fiscal year
 
 7 2000-2001 to carry out the purposes of this Act; provided that:
 
 8      (1)  The funds shall be awarded to Ha Hawaii as a grant made
 
 9           pursuant to chapter 42F, Hawaii Revised Statutes; and
 
10      (2)  No funds shall be made available under this Act unless
 
11           each dollar awarded by the State is matched by $1 from
 
12           Ha Hawaii or others and $1 from the office of Hawaiian
 
13           affairs or by the provision of goods or services of
 
14           equivalent value.
 
15      SECTION 4.  The sums appropriated shall be administered and
 
16 expended by the department of accounting and general services for
 
17 the purposes of this Act.  The department of accounting and
 
18 general services may hire staff as necessary to accomplish the
 
19 purposes of this Act.  These persons shall be exempt from
 
20 chapters 76, 77, and 89, Hawaii Revised Statutes.
 
21      SECTION 5.  Nothing arising out of the performance of any of
 
22 the purposes of this Act shall be construed as in any way binding
 
23 upon, or shall be applied or interpreted to supersede, conflict,
 

 
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 1 waive, alter, or affect the constitution, charters, statutes,
 
 2 laws, rules, or ordinances of the State of Hawaii or its
 
 3 political subdivisions, including its respective departments,
 
 4 agencies, boards, and commissions.
 
 5      SECTION 6.  If any provision of this Act or the application
 
 6 thereof to any person or circumstance is held invalid, the
 
 7 invalidity shall not affect other provisions or applications of
 
 8 the Act which can be given effect without the invalid provision
 
 9 or application, and to this end the provisions of this Act are
 
10 severable.
 
11      SECTION 7.  This Act shall take effect on July 1, 1999, and
 
12 shall be repealed on June 30, 2001.
 
13 
 
14                           INTRODUCED BY:  _______________________