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IN AND AROUND THE CAPITOL
State prepares for
Rice vs. Cayetano decisionBriefly ...
By Pat Omandam
Star-BulletinThe state is preparing different plans for the future of the Office of Hawaiian Affairs, based on the outcome of the Rice vs. Cayetano decision expected next month from the U.S. Supreme Court.
Gov. Ben Cayetano said yesterday he doesn't want to second guess how the high court may rule on the appeal by Big Island rancher Harold "Freddy" Rice. But he admits it will be a very difficult case for the state to win.
"I think I would be less than candid if I didn't say that I was concerned," Cayetano said. "I have been given access to opinions by law professors throughout the country, and based on that kind of feedback, I think that it's going to be a tough fight."
"What we're doing right now is I've asked the attorney general to prepare a contingency plan in the event that we do not prevail," he said.
This "fight" began back in 1996, when Rice, a fifth-generation kamaaina, sued the state after he was barred because of his ethnicity from voting in the Hawaiians-only elections held every other year since 1980 to choose trustees for the OHA board.
But that same year, U.S. District Court Judge David Ezra ruled against Rice, saying Hawaiians had a "special relationship" that allowed the special elections. Ezra's decision was upheld by the 9th U.S. Circuit Court of Appeals, which said OHA's voting restrictions are based primarily on legal and political reasons, not on race.
Rice, with support from the national "Campaign for a Color-Blind America," appealed to the U.S. Supreme Court. The high court heard oral arguments on the case on Oct. 6, 1999. A ruling is expected as early as next month.
But with no real gauge on what the justices will do, the Cayetano administration, the Legislature and OHA can only hope for the best. The justices could rule on the narrow issue of whether the state can legally hold a Hawaiians-only election. Or it could possibly affirm the political status of native Hawaiians, recognition Hawaiian activists, sovereignty groups and agencies have been seeking for years.
Cayetano said his plans are to comply with whatever the high court decides -- and he doesn't want to be caught "flat-footed" when that happens.
"You got a body which has more than $300 million in the bank, and has programs which are important to the Hawaiian people. And we need to make sure we've covered all the bases," he said.
Certainly, the state Legislature appears ready. One bill waiting in the wings would propose a constitutional amendment to ask voters whether the state should transfer all of OHA's assets and resources to the Hawaiian Homes Commission. Another simply does it without the input from voters.
State Rep. Michael Kahikina (D, Nanakuli), said he introduced these bills because he feels Hawaiian rights and sovereignty can be addressed within the scope of the Hawaiian Homes Commission Act of 1920, the federal homestead law.
Kahikina, a third-generation homesteader, said he welcomes the Supreme Court's review of OHA elections. And he believes the justices will rule only on the narrow issue of whether non-Hawaiians should be able to vote in OHA elections.
Rice, he said, had a constitutional right to file this court case because OHA annually seeks state funding to pay for half of its programs and services. Although OHA helps all Hawaiians, its trust funds can only be used by those who have 50 percent or more Hawaiian blood.
The House and Senate also have a few other OHA bills that have no content but are being kept alive to address the Supreme Court's ruling. In the meantime, other legislation relating to OHA are expected to remain in limbo this session until after the high court rules.
FROM THE HEART - AND LUNGS
Briefly ...
SNAKE EYES:
As expected, the state House has killed a bill allowing shipboard gaming in Hawaiian waters, less than a week after the House Tourism Committee approved the measure.Tourism Chairman Jerry Chang (D, Hilo) said as far as he's concerned, the issue of legalized gaming is dead for another year. Chang, who introduced House Bill 2904 HD1, said he didn't have enough votes in the full House yesterday to move the bill to its next committee, and was asked during a majority caucus meeting to return the bill to his committee, killing it.
The bill would have devoted 96 percent of the state's revenue share from shipboard gaming -- an estimated $10 million a year -- toward public education construction projects, kindergarten for 4-year-olds and scholarships for high school students.
But House lawmakers summarily dismissed the idea, with not so much as a single word of debate on the House floor.
Chang said he was disappointed at the action because he believed a framework for shipboard gaming was in place.
"I just wanted the operators and the people in the (gaming) industry to come in and come forward so we could ask them the hard questions and get some information, and then make an educated decision on it," he said.
Chang said he may push the measure again next year.
You can track bills, hearings and other Legislature action via: Get involved
The Legislative Reference Bureau's public access room, state Capitol, room 401. Open 8 a.m. to 6 p.m. Monday to Friday, and 8 a.m. to 2 p.m. Saturday. Phone: 587-0478; fax, 587-0793; TTY, 538-9670.
Neighbor islanders, call toll-free and enter ext. 70478 after the number:
Big Island, 974-4000; Maui,
984-2400; Kauai, 274-3141;
Molokai and Lanai, 468-4644.
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