Establishes a Hawaiian affairs task force, jointly chaired by the house and senate, to research and suggest options for the future of the Hawaiian people.

A BILL FOR AN ACT

SECTION 1. No Hawaiians, no Hawai`i: this popular slogan sums up the truism that Hawai`i is more than a beautiful spot on the planet. Hawai`i is a state of mind, an attitude of aloha, and a culture that reaches out to embrace differences. All of the other ethnic groups that have traveled here recognize the debt owed to the Hawaiian people, who set the tone for the respectful spirit that pervades interactions among the varied ethnic groups in the State, and the many intermarriages that reflect the ultimate expression of the Aloha Spirit.

The Hawaiians paid a high price as a people for the coming of other ethnic groups to their island, however. Disease decimated their people, their system of land tenure was removed, and their government was overthrown in an act for which the United States government has apologized. In an effort to assist the Hawaiians as a group, programs were enacted to help them out. One of these was the Hawaiian Homes Commission Act, 1920, which was enacted by Congress to provide Hawaiians with homes or farms at a nominal lease. Another was the office of Hawaiian affairs, which was adopted by the voters of Hawai`i after the constitutional convention of 1978 for the betterment of Hawaiians and native Hawaiians. It was understood by the people of Hawai`i that these programs were implemented to put the Hawaiian people back on an equal footing as a group, not to elevate them above the rest of the population.

These well-deserved entitlements have come under attack in recent years. The United States Supreme Court, in the case of Rice v. Cayetano, opened voting for the office of Hawaiian affairs to all voters, not just Hawaiians. Close on the heels of Rice, the federal court decision in Arakaki v. State opened the position of office of Hawaiian affairs' trustees to candidates from all ethnic backgrounds. The most recent federal case, Barrett v. State, seeks to destroy the Hawaiian home lands program, prohibit the office of Hawaiian affairs, and ban the traditional and customary rights of Hawaiians exercised for subsistence, cultural, and religious purposes. These cases attack Hawaiians and Hawaiian assets because they are being held by the State.

The legislature cannot alter the filing of these cases in federal court, but it can recognize that a threat to the Hawaiian people exists and remedies must be structured to neutralize it. Although the primary remedy will be at the federal level, the State should take whatever actions necessary to ensure that the state constitution, laws, and policies regarding and impacting Hawaiians continue to be properly implemented. Circumstances require action, but the best course of action in some cases is preceded by prudent study of the issues and possible solutions. The future of the Hawaiian people lies in the resolution of complex legal, political, and social issues.

The purpose of this Act is to authorize the house and senate leadership to convene and chair a joint task force on Hawaiian affairs to study the issues, the options, and make recommendations on ways to deal with this threat to the Hawaiian people.

SECTION 2. (a) There is established a joint committee of the senate and house of representatives to chair the Hawaiian affairs task force. The joint committee shall consist of four members, the president of the senate, the speaker of the house of representatives, the chair of the senate and house standing committees having primary subject matter jurisdiction over Hawaiian affairs, or their designees. The joint committee shall convene and chair a task force on Hawaiian affairs that shall not exceed fifteen members. The members of the task force shall be appointed by the joint committee, but shall include representatives from the office of Hawaiian affairs, the department of Hawaiian home lands, the State Hawaiian Homestead Council Association, Ka Lahui Hawaii, and 'Ilio'ulaokalani, and other Hawaiian organizations, government or non-government, as the joint committee finds appropriate. The task force shall include representatives from all four counties. The department of the attorney general shall assign deputy attorneys general to the task force, as necessary, to attend the meetings and provide legal advice to the task force.

The members of the task force shall be appointed, and the first meeting convened, no later than thirty days after the effective date of this Act.

(b) The mission of the task force shall be to provide fact-finding and recommendations to the legislature at the next regular session on the impacts the federal case law, most notably Rice v. Cayetano, Arakaki v. State, and Barrett v. State, have on the future of the Hawaiian people.

Specific tasks to be accomplished by the task force shall include:

(c) The task force shall report its findings and recommendations to the legislature no later than twenty days before the convening of the regular session of 2002.

SECTION 3. There is appropriated out of the general revenues of the State of Hawai`i the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, for the purposes of funding the task force, including travel and per diem expenses for the task force members not within the city and county of Honolulu. The sum appropriated shall be expended by the president of the senate and speaker of the house of representatives for the purposes of this Act.

SECTION 4. This Act shall take effect upon approval, provided that section 3 shall take effect on July 1, 2001.