Tag Archives: Legislature

Akaka Bill

Victory for Akaka Bill at the State Level?

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There is a tendency among state legislatures with short annual sessions, to pass a glut of questionable bills right before they adjourn for the year.  This is similar to the human instinct to try to camouflage embarrassing or problematic revelations by mixing them with many other questionable items in the hopes that they will somehow escape notice.   In other words, this is why, when people go the store to buy laxatives, they throw in a bottle of liquor and a box of hygiene products at the same time.  It doesn’t stand out so much that way.

Yes, I did just compare the Legislature to a man making an embarrassing pharmacy purchase.  And I’ll stand by that.  Because it works.  Think about it–what have you been hearing in the last few days about the Hawaii Legislature?  Lots of debate about various controversial tax and finance issues, some criticism over the failure to adequately deal with some pressing state issues, and a general clamor over the frantic last days.  It’s easy to lose track of individual items in that noisy mix.  Even when they’re as significant as the next step towards the creation of a Native Hawaiian government.

In case you missed it, the state House and Senate both approved the measure that would begin the creation of a roll of “qualified Native Hawaiians” interested in participating in the formation of a Native Hawaiian government.  This is (and has always been) a transparent effort to push for Congressional action on the Akaka Bill.  After all, if you can perpetuate the idea that the Bill has the full support of the State, which has already initiated the beginning steps towards tribal organization, then you’ve made the passage through Congress a little easier.  (In case you’re wondering, a five-person commission will have the responsibility of creating the roll of “qualified Native Hawaiians.”)

What is this truly the beginning of?  That’s a little harder to determine without the help of a crystal ball.  It’s interesting to note that despite all of the money that has been spent in trying to push for the Akaka Bill (in contrast to the woefully underfunded opposition), the majority of Hawaii’s citizens still harbor serious reservations about the Bill.  And one can’t help but wonder whether this newly created commission and the effort to produce a roll of “qualified Native Hawaiians” will not be the panacea that Akaka Bill supporters hope for.  It’s possible that the Native Hawaiian community might have serious questions about how one is determined to be “qualified” to participate.  It’s possible (probable even) that we’ll see a lawsuit or two about it.  And who knows how the process will affect the thinking of the rest of Hawaii’s citizens on the questions of reorganization itself?  The only thing that we can know for sure is that the push to pass the Akaka Bill will continue to gain steam, and those who hope for a public debate on the issue need to continue to remain active and involved.

Akaka Bill, Guest Commentary, Hawaii, Hawaii Legislature, Sovereignty

A Lack of Resolution

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Over on Hawaii Reporter (which I swear doesn’t do anything to get all these mentions here except produce a broader and more fearless variety of opinions than the vast majority of other Hawaii news sources), Ken Conklin has an interesting take on the most recent effort of the Hawaii Legislature to rewrite history.  The article is worth reading in its entirety (not least of all for the impassioned discussion of the ultimate effect of these endless muddled legislative exercises in pandering), but here are the highlights:

House Concurrent Resolution 107 (HCR107) in the Hawaii legislature would establish “a joint legislative investigating committee to investigate the status of two executive agreements entered into in 1893 between United States President Grover Cleveland and Queen Liliuokalani of the Hawaiian Kingdom, called the Liliuokalani assignment and the agreement of restoration.”

The investigating committee would be empowered to “Issue subpoenas requiring the attendance and testimony of the witnesses and subpoenas duces tecum requiring the production of books, documents, records, papers, or other evidence in any matter pending before the joint investigating committee; … Administer oaths and affirmations to witnesses at hearings of the joint investigating committee; Report or certify instances of contempt as provided in section 21—14, Hawaii Revised Statutes …”

….

The purpose of such an investigation is not merely to do academic research on an obscure historical question from 118 years ago. The purposes are to claim that the U.S. had an obligation to restore Liliuokalani to the throne; and to claim that the obligation of the President of the United States continues to this day to restore the Kingdom of Hawaii to its former status as an independent nation.

Throughout my nineteen years in Hawaii I have seen the legislature repeatedly pass bills and resolutions encouraging some sort of race-based Hawaiian political entity, or sovereign independence. Year after year: Let’s pay for an election of delegates to a Native Hawaiian convention, and years of their travel expenses for meetings, so they can choose the tribal concept or write a constitution for an independent nation; let’s pass a resolution in 2002 asking the United Nations to investigate the legitimacy of Hawaii’s admission to statehood in 1959; let’s support the Akaka bill in Congress; let’s proclaim April 30 of every year a permanent holiday called “Hawaiian Restoration Day”; let’s create a state-recognized tribe with a state-only version of the Akaka bill; let’s transfer $200 Million in land or money to OHA; etc. etc. ad nauseum.

Why? All these legislative actions have accomplished is to stir up racial animosity, feelings of entitlement, etc. Hopes are raised for some people who want land and money from the rest of us, and then those hopes come crashing down. Over and over again. Remember the Aloha Airlines plane that had a huge hole ripped out of its side in mid-flight, due to metal fatigue caused by too many takeoffs and landings? That’s what resolutions like this are doing to all Hawaii’s people, and to ethnic Hawaiians in particular.

NB: Be sure to read the whole article to see the main points of Mr. Conklin’s testimony against the Resolution.

Economy, OHA

Writ or Wrong

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So, what ever happened to the much-ballyhooed OHA petition to force money out of the Hawaii legislature?  I remember when they filed it with the Hawaii Supreme Court.  How could I forget?  I got two separate press releases, a print newsletter article, an e-newsletter brief, and multiple links to the story as picked up (and especially endorsed) by other media outlets.  No one would let me forget it.  As I recall, the spin went something like this: the Hawaii legislature was resistant to approving the payout plan for a $200 million settlement between OHA and the Lingle Administration related to ceded land revenues, so OHA petitioned the Hawaii Supreme Court to force the legislature to pass a law regarding this pay-out  In the OHA version of the story, the reason for the Legislature’s foot-dragging is unexplained, though one is free to conclude that the Legislature is just full of culturally-insensitive money-grubbing politicians.  (Not that this is necessarily totally inaccurate, but fairness compels me to point out that our current economic and budget woes make this a bad time for the legislature to try to carve out another $200 million for OHA.)

Anyway, it turns out that the State Supreme Court has ruled on OHA’s petition for a Writ of Mandamus, though in order to learn what happened, I had to read a small column in the lower right corner of page 7 of OHA’s monthly newspaper.  No email blasts for this one, I guess.  As you may have surmised, the OHA petition was denied based on (in the article’s somewhat mendacious words) the court’s, “understanding of the technical requirements for a mandamus action.”  Allow me to translate this into plain language: The court said no, based on the fact that the OHA petition was a bit of public grandstanding with no legal merit.

As I said in my earlier entry on this issue, to me, the big problem is not whether the state owes OHA the money or how they should pay.  I just continue to be amazed at the insensitivity of the powers-that-be at OHA.  After such a difficult economic year, these kinds of stunts don’t do much to bolster the agency’s image.  And trying to obscure the evidence of their miscalculation doesn’t help much either.

Economy, Taxes

Account(in)ability

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Imagine for a moment that you had a few thousand dollars in loose change and bills behind the cushions of your couch, in your old jacket pockets, a spare wallet or two, and spread out through a few pairs of pants.  How big a jerk would you be in this situation if you then went to your best friend, told him you were totally broke, and asked to him to give you money to pay your rent?  If you answered, “No more a jerk than your average local politician,” you win.  Congratulations!  You truly understand the nature of Hawaii politics.

According to a recent report from the Grassroot Institute of Hawaii, the state has more that $1.4 billion in unspent excess funds sitting in “special funds” accounts–several of which have long been noted by the state auditor for repeal.  What is a “special fund”?  In short, it’s a little niche set-aside of state money for some specific purpose–say, public art education–funded through anything from state license fees to legislative appropriations.  You may recall that the 2009 Legislative Session included a finance bill that gave the Hawaii director finance authority to “raid” these special funds if necessary to pay government expenses.  This, not unnaturally, got some of us wondering exactly how much money there was available in these state special funds.  In light of the nearly relentless efforts to raise taxes and raid our wallets, the knowledge that there are untold millions of state dollars sitting around in untouched “special funds” is just a wee bit infuriating.

Thus, the Grassroot Institute launched its own investigation into the extent of Hawaii’s “special funds”.  You can read the full report here, but some highlights include:

  • In a review of 20 State Department reports, they found 186 accounts identified as special funds.
  • This accounts amounted to a combined excess balance of $1,412,357,203.
  • Divided equally among the population of Hawaii, these combined excess balances have a refund value of $1090.47.
  • The Hawaii Department of Transportation was the worst offender, with $582,449,161 reported as unspent, while the Hawaii Health Systems Corporation had the smallest excess at $34,837.

Really, how outrageous is the situation when the smallest, most responsible excess is still more money that many Hawaiians make in a year?  An economist once pointed out that there are four ways to spend money: 1. You can spend your own money on yourself, in which case you look for the best possible value in quality and price; 2. You spend other people’s money on yourself, in which case you look for the best quality and damn the price; or 3. You spend your money on other people, and look for the best value in terms of price and might compromise on value; and 4. You spend other people’s money on other people, and to heck with quality, value, price, or anything other than getting home from work a little earlier than usual.  Most government spending–especially as practiced in Hawaii–falls into Category 4.  We get nothing but sob stories from every possible state representative about lack of revenue.  We get tax increases and “Furlough Fridays” and guilt trips about the plight of government workers.  And all this time, they’ve been hoarding funds to the tune of $1.4 billion.  It boggles the mind.

Economy, Hawaii Legislature, OHA, Taxes

Just Use the “Easy” Button

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When I grow up, I want to be an editorial writer for the Honolulu Advertiser.  What a sweet gig that would be.  I’d just have to get up in the morning, come to the office, change around a few sentences in a press release from some favored organization (or on a really strenuous day, check in with the head of Hawaii’s Democratic Party for the official line), then head out for a good lunch and a refreshing siesta.

What?  You say there’s more to it than that?

You’re right.  Sometimes I might have to go to staff meetings.  But still . . . .what a great gig.

Too harsh?  Well, perhaps you should consider the Advertiser’s recent editorial on the OHA suit against the state (mentioned in Wednesday’s post by the way).  Titled “Real leaders find a way to pay debts,” it is little more than a rearrangement of OHA’s press release, accompanied by the wonderfully obvious title point.  I’m sure that in response, Hawaii’s leaders are slapping themselves in the forehead and saying, “Of course!  It’s all so clear now!  Since we aspire to be real leaders, we’ll just hand over the $200 million tomorrow!  I don’t know why we didn’t think of it before!”

It’s just so darned easy to be a left-leaning editorial writer.  The Hawaiians deserve their money.  Teachers deserve to be paid more.  The environment needs to be protected better.  The state of our health system needs to be improved.  Government housing is a scandal.  There isn’t a problem under the sun that can’t be addressed by the state treasury.  Unfortunately for the actual real leaders involved, there isn’t a money tree sitting outside the state house.  (Believe me, I’ve looked.  Something has to explain the way the rationale of the state budget process.)  And Hawaii’s taxpayers–though mellower than many–still have this weird desire to hold on to the bulk of their earnings.  So sometimes, no matter how much something is deserved, there is no easy solution.  Because that $200 million owed to the Native Hawaiians doesn’t come from some mysterious fountain of gold coins in the Governor’s office.  It comes from our paychecks.  And a lot of us have seen those paychecks take a hit lately.  So we’re hurting.  And the state is hurting.  And it makes the whole thing a lot more complicated than OHA or the Advertiser want to admit.

Economy, OHA

Help, I’m Stuck in a Nutshell!

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When you’re a blogger, you dream about finding something as neatly symbolic as today’s OHA filing against the state for past due land revenues.  How lucky is it to find a perfect storm of problems and issues to define everything about Hawaii that makes you want to pull your hair out?  Race problems?  Economic issues?  A government that puts problems off for later so that they can get worse and more divisive?  It’s all there.

As you may have heard, OHA has filed a writ of mandamus against the State seeking to compel the legislature to act regarding the payment of hundreds of millions of dollars in past due ceded land revenues.  (OHA has submitted proposals for payment to the Legislature for the past three years, but the proposals have all been rejected.)  You gotta love the timing here, considering that the country (and state) are still reeling from the economic downturn.  Especially in light of the recent legislative session, teacher negotiations, and so on.  The State isn’t exactly swimming in funds, and OHA seems to be determined to make itself more unpopular in its ham-fisted approach to the issue.  I’m sure the average Hawaii taxpayer will be thrilled by this turn of events.

Though one wonders whether the average Hawaii taxpayer has given up and is busy drinking mojitos on the beach rather than deal with an elected leadership that has created a tradition of avoiding hard decisions.  Sure, there are those who buck the trend, but I don’t see OHA deciding that they’ll just write off $200 million any time soon.  So this isn’t a problem that is going away.  Instead, it promises to add to the already growing divisiveness about race, the ceded lands, sovereignty, and the Islands. Honestly, it’s a little depressing sometimes to watch the slow erosion of the island spirit thanks to these issues.

But hey, at least the weather is awesome and the beaches are great.  People from crummier locales probably have nothing better to do than engage in responsible governance.

Economy, Hawaii Legislature, Taxes

This Grade Is All Business

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For the longest time, the small businesspeople of Hawaii have comforted each other with rueful laughs and their club’s secret motto: “Hawaii: Live in paradise, work in hell.”  To put it mildly, Hawaii has not traditionally had the most business-friendly reputation.  At least not for the non-Doles and non-Hiltons among us.  And while some progress is being made (including a slight awareness that it isn’t necessary to completely handcuff small businesses from their inception and the election of more business-friendly politicians), there’s still a general lack on knowledge about how the Hawaii Legislature helps and hurts small business in Hawaii.  (And don’t disregard the importance of small business on the economy.  There are more than 100,000 small businesses in Hawaii bringing in over $2-3 billion in income annually (according to the Small Business Administration).

Enter PAYCHECKS Hawaii, a non-profit and non-partisan initiative of Smart Business Hawaii, whose unenviable job it is to rate all of Hawaii’s legislators on their business savvy.  The Paychecks ratings are based upon a combination of key votes (especially tax and fee increases); efforts to decrease or increase spending and the size of government; actions regarding employer mandates and labor bills (from worker’s comp to union issues and so on); conduct in hearings, responsiveness, and accessibility; and sponsorship/advocacy for initiatives to help the business climate.  Paychecks has just released its ratings for the most recent legislative session, and it looks like quite a few of Hawaii’s legislators need a remedial education in business and helping the economy.  Every legislator was given a grade from 1(the best) to 5(the worst).  So first the good news:

In the Hawaii Senate, two Senators got the highest score–Fred Hemmings and Sam Slom.  (Both Republicans.  Two Democrats, however, got the next highest score of “2”–Robert Bunda and Josh Green.)

In the House, the highest ratings went to Lynn Berbano Finnegan (R), Barbara Marumoto (R), and Kymberly Marcos Pyne (R).  Scoring the second best rating were Tom Brower (D), Corinne Ching (R), Cynthia Thielen (R), and Gene Ward (R)

And now the bad news.  There were so many second-worst “4” scores that listing them here would make this more like a roll call of the Legislature than a blog entry.  So let’s go with a simple Hall of Shame.

Scoring a worst score of “5” in the Senate were Gary Hooser (D) and Dwight Takamine (D).

And the dreaded “5”s in the House went to Michael Magaoay (D), Hermina Morita (D), Blake Oshiro (D), Marcus Oshiro (D), Calvin Say (D), and Roy Takumi (D).

Not good.  Maybe it’s time we had a few of them stay after school and write, “I will not handicap Hawaii’s economic future,” on the blackboard until it sinks in.

Akaka Bill

A Feeling of Recognition

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Interesting things are happening in Hawaii politics when it comes to support for the Akaka Bill.

Actively opposing it still takes a measure of political courage.  (Which, believe it or not, is not necessarily an oxymoron.)  But slowly, enough concerns have been raised about its effect on the Islands that some of those aspirants to office that aren’t completely beholden to the Akaka supporters are searching for some other language to express their reservations.  Consider it the political equivalent of backing quietly away from a terrible potluck dinner, saying, “No, I’m pretty full.  I think maybe I’ll just have this roll.”  (This might not be the best analogy, in that I’ve never been to a bad potluck dinner in Hawaii.  You all are luckier than you know.  Maybe everyone should have to do a year-long mission to the Mainland so that they can learn about the horrors of the mysterious gooey casserole and wet, salty, mushy rice.)

The result is a move towards ambiguity.  Look for statements that support, “some form of recognition for Native Hawaiians,” and yet stop short of endorsing Akaka.  Putting aside for the moment, all of the debate about how comparable the situation of Native Hawaiians is to that of Native Americans, there is (at heart) a genuine and admirable impulse here:  No one wants to underrate the contribution of Native Hawaiians or the importance of Hawaiian culture.  And when combined with the difficult socio-economic situation of many Native Hawaiians, there is a clear desire to assist that community–heck, this entire website calculates the millions and millions of dollars spent on all of these motivations.  But warm feelings do not make necessarily make good law.  In fact, all of this vague charity comes perilously close to that “soft bigotry of low expectations” thing.  I’m starting to wonder whether all of these well-intentioned feelings aren’t more destructive to the future of Native Hawaiians than anything else.  Stopping short of creating a separate governmental system, but still wanting to give “something” to Native Hawaiians . . . isn’t that pretty close to where we are now, only without making it official with Presidential signatures and much patting-ourselves-on-the-back?  (Then again, if I was Hawaiian, I’d be happy to just get a check for my share of the millions in federal, state, OHA, and Bishop Estate money spent to help me.  Because I’m starting think that I could do a lot more to help myself than any of those groups.)

Hawaii Legislature

The Hawaii Legislature–Working for you. Sort of.

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How often do you get to see an actual politician explain how counter-productive and useless this legislative session was?  Not very often, that’s for sure.  It requires a degree of honesty that (let’s face it) is not exactly plentiful among those with one finger in the prevailing political winds.  And that’s why, if you want a real rundown of the accomplishments (or lack thereof) of the Hawaii Legislature this year, you definitely want to watch Hawaii Senator Sam Slom’s legislative round-up.  It’s certainly worth viewing in its entirety, but I’ll hit the highlights for you:

Downsides to this Legislative Session: They balanced the budget only by raising taxes and fees, raided the hurricane relief safety net to try to prop up the teacher’s union and the state school system (which isn’t exactly reaching new heights in education . . . except to hit a national record for shortest school year), and generally handicapped business and enterprise in the Islands.

Accomplishments of this Legislative Session: Feel-good bills about sharks and monk seals.

You know, some people might question a legislative session that only lasts a few months, but I’m starting to be grateful that the window to really foul things up is so small.

Uncategorized

Isn’t That Special

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Ah, the “special interest.”  It’s every politician’s favorite bogeyman.  So convenient as a target for political diatribe–not least of all because it’s so vague.  After all, what is a “special interest” really?  When it comes right down to it, it’s a group with political currency that you don’t particularly care for.  After all, the ones you like are “legitimate and necessary issues or expenditures.”

Witness Rep. Oshiro’s recent opinion article in the Advertiser (on April 20th, 2010).  In it, Rep. Oshiro talks about the difficulties of the budget process and blames special interests for the “hard decisions” that are part of that process, especially when so many of those aforementioned special interests benefit from tax credits or tax exemptions.  Not to be insensitive or anything, but it’s not like there’s all that much to being a legislator.  (Believe me, anyone who has watched C-SPAN for more than 10 minutes and retained consciousness throughout would agree.)  So pardon me for not being overcome with sympathy over the difficulties of occasionally having to make a hard budgetary decision.  We regular folks do that every day.  It’s called, “trying to get by.”  Only when we mess up, we don’t get to make exculpatory speeches about it.  Instead, we get our electricity disconnected or the car repossessed.  So yeah, we elected you all to make the hard decisions.  Make them.

But that’s not actually the worst part.  After all, “special interests” are just the ones you feel don’t deserve any financial help or breaks.  So some politicians would call businesses that get incentives to stay in Hawaii and employ people “special interests.”  Others would say that political groups or specific classes of citizens (including those that get a lot of government funding) are special interests.  And some might point out that the legislature gave itself a raise, making it one of the special-est interests of all.

What would be nice (other than being able to vote myself a raise–what a great gig that is) is if our representatives stopped trying to manipulate us with their have-my-cake-and-eat-it-too talk about special interests and instead were more honest about where our money was going.  Because I may not be that special, but that’s where my interest really is.