The state Legislature tentatively approved two of the three issues that the Office of Hawaiian Affairs lobbied hard for this session: the legal authority to give grants, and retirement benefits for trustees. OHA wins 2 out of 3,
if gov goes alongBy Pat Omandam
pomandam@starbulletin.com"OHA elected officials will be on par with other elected officials," OHA Chairwoman Haunani Apoliona said last night.
House and Senate conferees approved conference drafts of Senate Bill 2478 and Senate Bill 2477. The first allows retirement benefits for OHA trustees, while the other allows OHA to legally award grants.
The state Attorney General's Office last Sept. 25 told OHA that it should not release any further grants because those expenditures did not go through the state procurement code's competitive bid process and therefore may be illegal.
The bill amends the law so OHA can award grants. If approved by Gov. Ben Cayetano, it would immediately free up about $800,000 in grants approved last fall but which were not released.
Apoliona said the agency has begun reviewing its entire grant process so it can be ready to release the money once it can legally do so.
"The grants process provides an opportunity for the community to identify the needs and, in partnership, work with OHA to improve our community and provide these benefits to our beneficiaries," she said.
Two bills that would have given interim ceded land revenue to OHA failed to advance because there was not any money in the state budget.
The Hawaii Supreme Court ruled Sept. 12 that the state law defining OHA's 20 percent revenue share was invalid, cutting off annual revenue payments to OHA from state agencies.
The issue was deemed too difficult and controversial to resolve this session, so temporary funding was sought.
In other news this week at the state Capitol:
>> Education bills: A charter school bill won preliminary approval by House and Senate negotiators yesterday.
Senate Bill 2512 provides a timeline for distributing funds to the schools; establishes the cap for charter schools at 23, down from 25; and includes a funding mechanism that bases per-pupil funding allocations on several major budget categories in the state Department of Education.
Lawmakers took out a provision in the conference draft allowing tenured Department of Education teachers to continue to accrue years of seniority while teaching at charter schools. They said it was removed, in part, because the teachers union felt it was a collective-bargaining issue that should not be mandated in law.
Conferees also killed Senate Bill 2102, which would have let voters decide whether to change the state Constitution to abolish the Board of Education in favor of local boards.
Senate Education Chairman Norman Sakamoto (D, Moanalua) said the measure did not have Senate support.
>> Health insurance: The state Legislature next week will vote on a bill that would give the state greater oversight of health insurance rates.
House Bill 1761 was pushed by state Insurance Commission Wayne Metcalf and Gov. Ben Cayetano, who said it was the only way consumers and businesses can be assured premiums are fair.
In another health-related bill, lawmakers are set to approve two bills that would set up a state-sponsored long-term care insurance program pushed by first lady Vicky Cayetano. The measures call for the creation of a temporary board of trustees to decide how to finance the program.
>> Drug treatment: House and Senate conferees approved a bill last night that allows first-time drug offenders to get treatment instead of jail time for their offenses.
Senate Bill 1188, Conference Draft 1, requires first-time, nonviolent drug offenders to be sentenced to probation with drug treatment.
The proposed new law applies to first time probationary and parole violators. An interagency coordinator would oversee the program between the state departments of Health and Public Safety.
Lawmakers earmarked about $2.2 million to pay for the program.
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