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Hawaiian issues
founder in Rice’s wake
The Supreme Court's ruling
Lawmakers get good grades on education By Pat Omandam
'actually raised more questions,'
rather than clearing up matters
Star-BulletinWhen the 2000 state Legislature began in January, some lawmakers hoped to take up lingering issues such as university tuition waivers for native Hawaiians, a primary election for the trustees of the Office of Hawaiian Affairs and a long-required review of salaries and benefits for trustees.
But movement on these measures hit a wall in late February when the U.S. Supreme Court issued its landmark decision on the Rice vs. Cayetano case, which opens the Hawaiians-only OHA election to all voters.
"It seems as if everything was put on the back burner because of the Rice decision," said Senate Hawaiian Affairs Chairwoman Colleen Hanabusa (D, Waianae).
State Rep. Scott Saiki (D, McCully), vice chairman of the House Judiciary and Hawaiian Affairs Committee, said he hoped the Rice decision would help to clear up pressing Hawaiian issues.
"But it actually raised more questions, so we couldn't act on a lot of those bills," Saiki said.
In the weeks following the Feb. 23 ruling, lawmakers sought input from an upset Hawaiian community on possible legislation to deal with the Rice case. Gov. Ben Cayetano said he wanted to name interim trustees because the current board was illegal. Many Hawaiians, however, did not want the governor replacing people they chose.
The House and Senate held community hearings on the Rice decision and, based on the testimony received, killed proposals to make OHA a private entity or to make OHA an appointed board.
Instead, they passed a bill this session that clarifies that candidates for the OHA board must be of Hawaiian descent. The measure, Senate Bill 2477 SD1, sailed quickly through the Legislature and was sent to Cayetano on April 13.
Legislators also agreed that the onus for sovereignty now is on Congress and passed resolutions urging the granting of federal recognition to native Hawaiians. Many see it as a move to protect race-based government programs and benefits earmarked for Hawaiians following the Rice decision.
Another resolution passed urged Congress to clarify that the Hawaiian Homes Commission Act of 1920 gives native Hawaiians a status like that of tribal Indians and provides that the state has broad authority to preserve that status.
These measures are probably the most significant and affirmative items passed on behalf of Hawaii's indigenous people, said House Majority Leader Ed Case (D, Manoa).
"We've collectively sent a pretty clear indication, I think, of where we believe the right approach is, which is to address the overall federal-recognition side of the big picture," he said.
Both Case and Hanabusa said tuition waivers for Hawaiians faced problems this session, especially since lawmakers gave more autonomy to the University of Hawaii this session.
Requiring the Board of Regents to provide tuition waivers to any one group of students would be an "end run" around the board's autonomy to make such decisions, Case said. Hanabusa added that there was a question of where to find the money to pay for the waivers.
Saiki said the OHA salary commission earlier this year denied pay raises for the OHA trustees, while its other recommendations to the Legislature -- such as term limits for trustees, a primary election and retirement benefits -- were sidelined because of the Rice case.
Lawmakers also panned legislation to end the ceded-land dispute between the state and OHA. Still, it did pass a bill that asks the state auditor to conduct an inventory of ceded lands, with both sides providing matching funds of $250,000. Case said the lack of an inventory is a "nagging concern" for all parties.
The ceded-lands case remains before the Hawaii Supreme Court. The Hawaii justices are also reviewing a request by OHA and the state for clarification on whether the Rice decision created vacancies on the OHA board. The governor has agreed to hold off on replacing the trustees until the justices respond to that request.
Legislature Directory
Legislature Bills & Hawaii Revised Statutes
OHA Special
Rice vs. Cayetano arguments
Rice vs. Cayetano decision
Holo I Mua: Sovereignty Roundtable
