StarBulletin.com

Lingle balks at rewrite of Akaka Bill


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POSTED: Tuesday, February 23, 2010

A new version of the native Hawaiian government reorganization bill is moving in the U.S. House, but Gov. Linda Lingle remains opposed to it—and that could doom it in the Senate.

House supporters and Hawaii Sens. Daniel Inouye and Daniel Akaka announced yesterday that closed-door negotiations among the Hawaii delegation, the Justice Department and state Attorney General Mark Bennett have ended with a bill designed to respond to objections by all parties.

“;The changes reflected in this final text are designed to clarify the authority and powers of the native Hawaiian governing entity prior to negotiations, while ensuring that the final bill is legally sound and consistent with U.S. policy toward indigenous people and their native governments,”; said Akaka in a news release. “;This bill provides native Hawaiians with an opportunity for self-determination and cultural preservation, while empowering them to be an equal partner with the state and federal government.”;

However, Lingle, in a written statement, said she did not approve of the measure and hopes it can be amended in the Senate.

“;The basic problem as I see it, is that in the current version of the bill, the 'governmental' (non-commercial) activities of the native Hawaiian governing entity, its employees, and its officers, will be almost completely free from state and county regulation, including free from those laws and rules that protect the health and safety of Hawaii's people, and protect the environment,”; Lingle said.

“;I do not believe such a structure, of two completely different sets of rules—one for 'governmental' activities of the native Hawaiian governing entity and its officers and employees, and one for everyone else—makes sense for Hawaii.”;

Clyde Namuo, Office of Hawaiian Affairs administrator, said he doubts the bill will pass the Senate without Lingle's support.

“;Having the governor's support is going to really make the difference, in my mind,”; Namuo said.

Passing the bill in the Senate, after it clears the House, is a numbers game, Namuo explained.

Republican opponents will likely block or filibuster the measure. To override that, supporters will need 60 votes. But with only 59 Democrats, the bill will need GOP support, and Lingle is viewed as the only one who can bring that help.

“;What will be key is that the governor and Mark Bennett need to support the bill absolutely. And at this point I am not sure all the AG's concerns have been addressed,”; Namuo said.

Here is the clause that Bennett said is objectionable:

“;Governmental, nonbusiness, noncommercial activities undertaken by the native Hawaiian governing entity, or by a corporation or other association wholly owned by the native Hawaiian governing entity, shall not be subject to the regulatory or taxation authority of the state of Hawaii.”;

American Indian tribes have similar legislation permitting a tribal governing entity to control governmental business on Indian lands or reservations, but Bennett said the clause would allow it anywhere in the state.

The bill (House Resolution 2314) is set to pass the House this week, just days before the scheduled resignation of U.S. Rep. Neil Abercrombie, who is returning to Hawaii to campaign for governor.

Lingle had several concerns about a previous version of the measure, dubbed the Akaka Bill because it had first been introduced by Akaka. Inouye said his office worked with the Obama administration and Bennett to find solutions to the state's concerns.

“;Although meaningful changes were made to address the governor's concerns, there remain issues that we could not resolve,”; Inouye said.