Honolulu Star-Bulletin Local News
House votes to
cut OHA revenues

It would save the state millions
in ceded-lands income

By Star-Bulletin staff

In an attempt to resolve a court battle that could cost the state hundreds of millions of dollars, the House last night voted to restrict the share of revenues given the Office of Hawaiian Affairs for the use of ceded lands.

Proponents argued the changes would encourage the administration and OHA to reach a settlement on the issue which has been disputed for more than a decade. Opponents, though, said the amendments are the latest example of the government's breaking its word to the native Hawaiian people - this time, because of the state's fiscal crisis.

"We are the promise makers, but we also need to be the promise keepers," Rep. Dennis Arakaki (D, Kamehameha Heights-Kalihi Valley), said during the long and emotional debate.

The measure was one of more than 300 passed by the House during a marathon session lasting nearly 13 hours. Both House and Senate will send their approved bills to the other chamber later this week for consideration.

The OHA bill, which passed 31-20, is partly motivated by a Circuit Court ruling last year that said the state owed the agency back payments estimated to run from some $200 million to $1.2 billion.

Under a 1980 law, OHA basically is entitled to 20 percent of revenues arising from the use of about 1.4 million acres of ceded lands, former crown and government lands under the Hawaiian kingdom that are now held in trust by the state.

House Bill 2207 HD 1, among other things, calls for an accurate inventory of the lands, which has been sought by OHA. But it also redefines the revenues subject to assessment, eliminating areas such as airports, hospitals and low-income housing, which were the basis of the court ruling.

Additionally, it does away with a straight 20 percent transfer and instead gives OHA only the first $15 million, with the balance remaining with the state for educational and other listed purposes.

Hawaiian Affairs Chair Ed Case (D, Manoa) and other supporters said the divisive issue is worrying the bond market and raising problems with the federal government, and could have broader ramifications on the general public. Case noted that much of OHA's payment now is being put into an escrow account by the administration because of federal questions, and said the interim funding in the bill is about the amount OHA normally would get.


Senate auto insurance bill
pares costs by 25 percent

By Jim Witty
Star-Bulletin

The Senate has unanimously approved its version of automobile insurance reform aimed at overhauling the no-fault system.

Proponents say the Senate measure will reduce auto insurance premiums by 25 percent to 35 percent without taking benefits away from consumers.

The proposal also makes the state's prepaid health plan the basis for payments in auto accidents and eliminates the $13,900 medical bill threshold accident victims must reach before filing suit. In its place is a verbal threshold that allows victims to sue for pain and suffering in cases of serious or permanent injury.

"This is not just a tinkering with the system," said Sen. Rosalyn Baker (D, Maui), co-chairwoman of the Consumer Protection Committee. Rather, she said it represents a major change in the way auto insurance is provided here.

Co-chairman David Ige called the Senate measure a starting point for negotiations with lawmakers in the House. The House approved a substantially different no-fault bill two weeks ago.

Sen. Cal Kawamoto supported the bill but had reservations.

"This bill is not all it can be," he said, paraphrasing the Army advertising campaign. "The bottom line for my district is premium reduction."

Sen. Andy Levin said he favors giving motorists the choice of whether to carry auto insurance or not. "My constituents don't want no fault," he said.

Senators also endorsed a ban on passengers in pickup truck beds on roads with a posted speed limit of 45 mph or above. The House version takes a different approach, banning the practice altogether but allowing counties to opt out from under the restriction.

Several senators with rural constituents claimed the ban would unfairly single out truck owners with few transportation options.

"We're forcing people to violate the law," said Sen. Malama Solomon (D, Kohala).

A bill that would allow counties to enact strict fireworks regulations also sparked controversy in the Senate. Sen. Rod Tam (D, Nuuanu) blasted the measure as discriminatory to those who value fireworks as part of their cultural heritage. He called for a study on the cultural and religious uses of fireworks in the state.

Judiciary Co-chairman Avery Chumbley said he'll work to create language that protects the cultural use of fireworks in conference committee.

Of 1,958 bills originally introduced in the Senate this session, fewer than 400 are still active.




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