A GORY BUSINESS: While some might say it's practically oxymoronic we've been been on a quest lately with a holy grail of being nicer and kinder to others.
But yesterday's letter to the editor from that slime ball masquerading as a human being, Ron Agor, was so insulting that all bets are off today.
Agor's defense of apparently-fired Kauai District Archaeologist and SHPD Deputy Director Nancy McMahon on the heels of an onslaught of Kanaka Maoli activists who successfully testified against her appointment to the county's Historic Preservation Commission, was to call the Native Hawaiians "savages" in practically every other paragraph.
Real sensitive to the host culture, Ron- especially from a member of the state Board of Land and Natural Resources. What, heathen and pagan weren't strong enough?
But his screed defending McMahon seems kind of appropriate for these two-peas-in-a-pod, since for the past few years every time some kind of outrageous treatment of`iwi kupuna (bones) burials occurred, the names Agor and McMahon seemed to come up every time.
Agor's rant begins by praising McMahon for her actions as state archeologist in trying to:
compromise with private property owners where the burials are respected and the private property owners have reasonable use of their properties.
Nancy McMahon during her tenure as the qualified state’s archaeologist always did her job in making sure the above mentioned compromise came to fruition on every project subjected to this process.
And compromise the `iwi she did.
In actuality McMahon's cavalier attitude has led to blatant abuse of her position to favor developers, ignoring the wishes of the Kaua`i Burial Council to the point where, during the court battle over the Brescia property cemetery debacle, she was singled out for blame in the fiasco by 5th Circuit Court judge Kathleen Watenabe for, among other things, ordering the `iwi be permanently encased in concrete.
That's what made this statement from Agor all the more removed from reality
It is interesting to know that recently the courts have recognized the practices and procedures of DLNR as reasonable and have often rendered decisions in favor of private property owners when they followed their permit conditions imposed by the State.
Here's what a letter from a group called Kānaka Maoli Scholars Against Desecration- signed by a list of notable scholars as long as your arm- said about McMahon's actions in the Brescia case
The SHPD’s own rules empower the island Burial Council to determine the disposition of previously known burials. The island Burial Council’s decision on this issue is supposed to be binding. Yet, SHPD deputy administrator Nancy McMahon sanctioned the use of vertical buffers and concrete caps on the burials to make way for installing the footings of Brescia’s house. Her authorization for such an intrusive "preservation" measure is a fundamental repudiation of the power allocated to all of the island Burial Councils.
By ignoring the decision of the island Burial Council, her actions undermine both the very concept of historic preservation and the reason for the founding of the island Burial Councils. Tragically, before a court could intervene, and based on McMahon’s unauthorized agreements, Brescia’s team managed to install massive house foundations on a portion of the cemetery.
In another incident almost exactly a year ago on May 12, 2010 the headline of a PNN news story pretty much summed up what happened in saying:
Three Burials Unearthed By Cows At Lepeuli Unceremoniously Reburied By SHPD's McMahon Without Burial Council Notification.
You might want to read the article and followups- it's actually even worse than that with McMahon attempting to cover up the discovery of a Hawaiian house site by another local archeologist.
So how did McMahon get away with this stuff for so long- stuff including many unproven accusations from burial protectors of taking home `iwi and even stealing artifacts from sites and offering them for sale?
Well. many times it was Agor's position on the all powerful BLNR that made it possible.
Agor has been a Republican Party mainstay for many years and so when Republican Governor Linda Lingle took over she appointed him as the lone Kaua`i representative.
Now you'd think that with all the other BLNR members one single rep wouldn't be able to insure things go the way he wants. But the "tradition" on the board is to defer to the single neighbor island reps on matters on their island.
For instance when Lepeuli rancher Bruce Lymon tried to lie his way into a conservation district use permit (CDUP) it was Agor who convinced the board to grant it without examining the facts- a decision that was reversed later after the Native Hawaiian Legal Corporation, OHA and others set the record straight and the permit was rescinded.
As for Agor his tenure has been marked by deceit and misrepresentation to members of the community, often telling people he would assure the BLNR would vote a certain way only to do exactly the opposite according to the minutes of the meeting, as he did with the Koke`e leaseholders and other cases during his tenure.
One thing became clear to us today in reviewing our coverage of the Agor and McMahon- they deserve each other. Their actions go way beyond the usual racism and promotion of monied American interests to, not just being active participants in the continuing genocide of na kanaka, but being leaders in the theft of the land and culture.
And there's nothing nice or kind about that.
We now return you to the "trying very hard not to be mean anymore" Parx.
Showing posts with label Kauai Burial Council. Show all posts
Showing posts with label Kauai Burial Council. Show all posts
Monday, May 16, 2011
Thursday, May 5, 2011
POISON `IWI
POISON `IWI: We're still cussin' like a sailor every time we try to use the county's newfangled webcast site but since Ho`ike is, as usual, woefully inept at getting the meetings on the "air"- much less the schedule of council meetings posted on-line- we tuned to the MP3 audio today to get an aural gander at the section on Nancy McMahon's application to serve on the county's Kauai Historic Preservation Review Commission.
And never- we repeat never- in over 35 years, have we seen a steadier stream of people come to the hot seat to talk stink about a nominee.
McMahon, as Joan Conrow wrote last month,
was the former Kauai district archaeologist and SHPD deputy director who approved the burial treatment plan that allowed Joe Brescia to build on top of iwi kupuna. Pua Aiu signed off on the plan after it was rejected by the Kauai Niihau Island Burial Council, thus setting the precedent that capping iwi in concrete and building over them is compatible with a determination to “preserve in place.”
As a matter of fact it was McMahon's actions that were singled out for the wrath of Judge Kathleen Watenabe in the matter as Conrow reported earlier saying
But that irritation was tempered by the good news that Nancy McMahon, the state archaeologist whose misdeeds created the Bresica boondoggle – to quote Judge Watanabe: “The heart of this case is the failure of the state to follow procedures put in place to protect cultural practitioners, the general public and the rights of landowners.” — has been placed on indefinite administrative leave without pay. Her suspension followed a National Park Services inquiry into and state legislative hearings on the screwed up mess that is the State Historic Preservation Division.
It seems like every time there was some kind of pilikila regarding burials McMahon was in the forefront.
Our headline and lede last May said it all:
THREE BURIALS UNEARTHED BY COWS AT LEPEULI UNCEREMONIOUSLY REBURIED BY SHPD’S MCMAHON WITHOUT BURIAL COUNCIL NOTIFICATION.
PNN) -- Three burials that were disinterred by Bruce Laymon's cattle operation on Waioli Corporation property at Lepeuli (Larsen’s Beach) and were unceremoniously moved and reinterred by State Historical Preservation Division (SHPD) Archeologist Nancy McMahon, according to a letter from McMahon to Hope Kallai of Malama Moloa`a.
McMahon's nomination despite the outrageous conflict of interest in serving on a commission that essentially would review her work, was one of those "council only" appointments where the mayor picks three, the council picks three and the body picks the last one. But the problem has been getting people to serve so the commission hasn't met in ages because they don't have a quorum.
So when McMahon put her name forward she was somewhat of an automatic nominee, according to councilmembers.
The only question really for council members was whether to reject McMahon outright yesterday as the oodles of outraged onlookers had demanded or take 60 days, as Chair Jay Furfaro requested, to "investigate" some of the charges.
After much wrangling, somewhat surprisingly since it had appeared there were only going to be three votes to kill the resolution during discussion, the council voted to kill it right then and there.
As a side note, the main thing the council apparently wanted to look into was one charges that many made, as we heard in an email earlier this week.
Apparently McMahon's educational background had been thrown into question because when her opponents checked with University of Hawai`i-Manoa they discovered her degree was "in anthropology, not archeology."
Seemingly they weren't the only ones who didn't know that archeology is more properly called "physical anthropology," as opposed to cultural anthropology. No one gets an undergraduate degree in "archeology" but rather studies both branches of anthropology and is awarded the appropriate degree.
We don't know what's wrong with this woman- she's apparently a glutton for rejection. First she ran and finished last in the 2008 election for council. Then a steady stream of charges- including one by a Kaua`i massage therapist that she was "filthy dirty" (ouch) - were telecast with such vile tossed in her direction that would bring a normal person to tears.
It's hard to say anyone deserves that but in McMahon’s case she's practically begged for it.
And, with twisted aloha, the community has once again granted her request.
And never- we repeat never- in over 35 years, have we seen a steadier stream of people come to the hot seat to talk stink about a nominee.
McMahon, as Joan Conrow wrote last month,
was the former Kauai district archaeologist and SHPD deputy director who approved the burial treatment plan that allowed Joe Brescia to build on top of iwi kupuna. Pua Aiu signed off on the plan after it was rejected by the Kauai Niihau Island Burial Council, thus setting the precedent that capping iwi in concrete and building over them is compatible with a determination to “preserve in place.”
As a matter of fact it was McMahon's actions that were singled out for the wrath of Judge Kathleen Watenabe in the matter as Conrow reported earlier saying
But that irritation was tempered by the good news that Nancy McMahon, the state archaeologist whose misdeeds created the Bresica boondoggle – to quote Judge Watanabe: “The heart of this case is the failure of the state to follow procedures put in place to protect cultural practitioners, the general public and the rights of landowners.” — has been placed on indefinite administrative leave without pay. Her suspension followed a National Park Services inquiry into and state legislative hearings on the screwed up mess that is the State Historic Preservation Division.
It seems like every time there was some kind of pilikila regarding burials McMahon was in the forefront.
Our headline and lede last May said it all:
THREE BURIALS UNEARTHED BY COWS AT LEPEULI UNCEREMONIOUSLY REBURIED BY SHPD’S MCMAHON WITHOUT BURIAL COUNCIL NOTIFICATION.
PNN) -- Three burials that were disinterred by Bruce Laymon's cattle operation on Waioli Corporation property at Lepeuli (Larsen’s Beach) and were unceremoniously moved and reinterred by State Historical Preservation Division (SHPD) Archeologist Nancy McMahon, according to a letter from McMahon to Hope Kallai of Malama Moloa`a.
McMahon's nomination despite the outrageous conflict of interest in serving on a commission that essentially would review her work, was one of those "council only" appointments where the mayor picks three, the council picks three and the body picks the last one. But the problem has been getting people to serve so the commission hasn't met in ages because they don't have a quorum.
So when McMahon put her name forward she was somewhat of an automatic nominee, according to councilmembers.
The only question really for council members was whether to reject McMahon outright yesterday as the oodles of outraged onlookers had demanded or take 60 days, as Chair Jay Furfaro requested, to "investigate" some of the charges.
After much wrangling, somewhat surprisingly since it had appeared there were only going to be three votes to kill the resolution during discussion, the council voted to kill it right then and there.
As a side note, the main thing the council apparently wanted to look into was one charges that many made, as we heard in an email earlier this week.
Apparently McMahon's educational background had been thrown into question because when her opponents checked with University of Hawai`i-Manoa they discovered her degree was "in anthropology, not archeology."
Seemingly they weren't the only ones who didn't know that archeology is more properly called "physical anthropology," as opposed to cultural anthropology. No one gets an undergraduate degree in "archeology" but rather studies both branches of anthropology and is awarded the appropriate degree.
We don't know what's wrong with this woman- she's apparently a glutton for rejection. First she ran and finished last in the 2008 election for council. Then a steady stream of charges- including one by a Kaua`i massage therapist that she was "filthy dirty" (ouch) - were telecast with such vile tossed in her direction that would bring a normal person to tears.
It's hard to say anyone deserves that but in McMahon’s case she's practically begged for it.
And, with twisted aloha, the community has once again granted her request.
Tuesday, October 20, 2009
CARVING OUT A THIRD WAY
CARVING OUT A THIRD WAY: Something subversive clicked this morning when we read the headline in the Honolulu Advertiser saying “Burial council won't sign rail pact”.
Seems that:
(t)he Oahu Island Burial Council has decided not to join other parties ... in signing an agreement on mitigating the rail project's impacts on historical, cultural and archaeological resources...
The burial council decision is largely symbolic and isn't expected to stop or delay the 20-mile elevated commuter train project.
That last sentence seemed odd considering how much power the Kaua`i Island Burial Council (KIBC) has apparently had in recent doings up at Naue where developer Joe Bresca continues to build a massive house on top of burials despite warning from Judge Kathleen Watanabe, while the planning commission has voted to consider revoking his building permit based on the fact that he doesn’t have the proper “sign off” from the KIBC.
What occurs to us is that the oft repeated conundrum for the KIBC- that they are limited to the two bad choices of either leaving the burials in place or removing them- may not actually be the case.
Because, as the months-long delay in holding a KIBC meeting due to a lack of appointments sufficient to maintain a quorum, they have, in a de facto manner, carved out a third choice- to simply not act on the request.
We’re not sure what the planning process on O`ahu calls for but here one of the numerous “sign-offs”- a so-called “punch list” of agency approvals that the planning commission and department rules mandate- is one from the KIBC.
Though the delay was unintentional, apparently, since the “automatic approval” law is inoperable here, if the KIBC simply “receives the matter for the record” – as the county council does when it doesn’t want to discuss an issue anymore- the planning department would be unable to issue a building permit.
After all it’s only been the widely reviled and truth-challenged State Archeologist Nancy McMahon’s -so that there are only two useless wrenches in the KIBC toolbox.
Who’s to say that if they take a page from the county council’s playbook of obstruction they can’t carve out a third?
Seems that:
(t)he Oahu Island Burial Council has decided not to join other parties ... in signing an agreement on mitigating the rail project's impacts on historical, cultural and archaeological resources...
The burial council decision is largely symbolic and isn't expected to stop or delay the 20-mile elevated commuter train project.
That last sentence seemed odd considering how much power the Kaua`i Island Burial Council (KIBC) has apparently had in recent doings up at Naue where developer Joe Bresca continues to build a massive house on top of burials despite warning from Judge Kathleen Watanabe, while the planning commission has voted to consider revoking his building permit based on the fact that he doesn’t have the proper “sign off” from the KIBC.
What occurs to us is that the oft repeated conundrum for the KIBC- that they are limited to the two bad choices of either leaving the burials in place or removing them- may not actually be the case.
Because, as the months-long delay in holding a KIBC meeting due to a lack of appointments sufficient to maintain a quorum, they have, in a de facto manner, carved out a third choice- to simply not act on the request.
We’re not sure what the planning process on O`ahu calls for but here one of the numerous “sign-offs”- a so-called “punch list” of agency approvals that the planning commission and department rules mandate- is one from the KIBC.
Though the delay was unintentional, apparently, since the “automatic approval” law is inoperable here, if the KIBC simply “receives the matter for the record” – as the county council does when it doesn’t want to discuss an issue anymore- the planning department would be unable to issue a building permit.
After all it’s only been the widely reviled and truth-challenged State Archeologist Nancy McMahon’s -so that there are only two useless wrenches in the KIBC toolbox.
Who’s to say that if they take a page from the county council’s playbook of obstruction they can’t carve out a third?
Thursday, March 26, 2009
BARE CUPBOARD
BARE CUPBOARD: Two emails arrived today regarding the desecration of the burials at Naue Point at Ha`ena on Kaua`i, one from Chair of the House Committee on Hawaiian Affairs, Rep. Mele Carroll, regarding the status and current content of three bills dealing with the state burial councils and one from 22 “Kānaka Maoli Scholars Against Desecration” from across Hawai`i and the U.S.
And though the need is great for reform of the “advisory” burial council system - even the judge who ruled in the case said the laws are insufficient for protection of the `iwi kupuna- as evidenced by the “legal” desecration okayed by the state at Naue, the bills do pretty much nothing but add more “consulting” groups for the councils and set up a “working group” to study what can be done meaning there will most likely be no action this legislative session.
Today, we’re off to the dentist so without further comment we’ll let readers read for themselves the note from Carroll’s office on the three bills and the letter from the scholars describing and decrying the history and current status of the burial issues.
----------
House Committee on Hawaiian Affairs passes resolutions, Senate bills
SB 1083, SD1
(SSCR473)
Status
Senate Bill 1083 SD1 includes additional native Hawaiian organizations for the Department of Land and Natural Resources to consult with to determine whether a burial site should be preserved in place or relocated and to develop a list of candidates for the burial councils. Senate Bill 1083 SD1 passed with amendments, which adds to the list of organizations the Kamakuokalani Center for Hawaiian Studies at the University of Hawai‘i, DLNR’s Historic Preservation Division, and Hui Malama I Na Kupuna O Hawai‘i Nei.
HCR 226
Status
HR 194
Status
House Concurrent Resolution 226 and House Resolution 194 request the Office of Hawaiian Affairs to convene a working group to review the system and procedures for the review of Native Hawaiian burial sites. House Concurrent Resolution 226 passed with amendments. The recommendation was to add language to the resolutions to include that the working group would work with the State DLNR Historical Preservation Division in addressing and seeking solutions to the many serious concerns that the division is faced with, for example, the lack of qualified staffing, the overwhelming unresolved cases pertaining to our kupuna iwi, and other critical issues.
----------
Kānaka Maoli Scholars Against Desecration
Second Statement on Naue, March 24, 2009
As Kānaka Maoli scholars we write to follow-up on our statement from September 13, 2008 publicly condemning the state-sponsored desecration of a Native Hawaiian burial site at Wainiha, Kaua`i resulting from the construction of a new home at Naue Point by California real estate> developer Joseph Brescia. Both the state abuse of power and the desecration continue unabated and must come to a halt.
In the late 1980s, in response to a massive burial site disturbance at Honokahua, Maui, Kanaka Maoli came together to challenge the laws that allowed this type of sacrilege. As a result of this history, five Island Burial Councils were created and are administratively attached to the State Historic Preservation Division (SHPD) of the Department of Land and Natural Resources to address concerns relating to Native Hawaiian burial sites. By Hawai`i state statute, the composition of each island Burial Council must consist of a majority of Kānaka Maoli. The preservation criteria established by state law favor the "preservation in place" of burial sites that contain a "concentration of skeletal remains," or are "pre-contact" or "historic period" burial sites associated with important individuals and events.
At Naue, there are 30 known burial remains within less than half of an acre, with a high likelihood that more remains are present. Naue is a significant historical site that is frequently acknowledged in hula, oli, mele, and other Hawaiian knowledge sources.
Accordingly, the Kaua`i- Ni`ihau Island Burial Council appropriately voted to preserve in place the burial site on the property claimed by Brescia.
In complete contradiction to both their own state law, and the April 3, 2008 determination adopted by the island Burial Council to preserve the burials in place, the SHPD improperly approved a "Burial Treatment Plan" for Brescia without the required consultation with the island Burial Council. The Burial Treatment Plan was submitted by Mike Dega, the archaeologist hired by Joseph Brescia as a consultant in support of his building a private home atop of the burial site.
The SHPD’s own rules empower the island Burial Council to determine the disposition of previously known burials. The island Burial Council’s decision on this issue is supposed to be binding. Yet, SHPD deputy administrator Nancy McMahon sanctioned the use of vertical buffers and concrete caps on the burials to make way for installing the footings of Brescia’s house. Her authorization for such an intrusive "preservation" measure is a fundamental repudiation of the power allocated to all of the island Burial Councils.
By ignoring the decision of the island Burial Council, her actions undermine both the very concept of historic preservation and the reason for the founding of the island Burial Councils. Tragically, before a court could intervene, and based on McMahon’s unauthorized agreements, Brescia’s team managed to install massive house foundations on a portion of the cemetery.
The Kaua`i Planning Commission’s approval of Brescia’s house plans included a specific condition issued in a letter dated December 12, 2007 that "No building permit shall be issued until requirements of the State Historic Preservation Division and the Burial Council have been met." The requirements of the island Burial Council have not been met; the Council recommended that there be no building upon the cemetery. SHPD covered up the island Burial Council’s decision by trying to pretend that vertical buffers and concrete jackets constitute "preservation" ; they do not.
During the consultation required by the preliminary October 2008 court ruling, on November 6, 2008, the island Burial Council recommended that the SHPD reject the revised Burial Treatment Proposal submitted by Dega. Therefore, Brescia still has not met the requirements of the island Burial Council and thus, the building permit should be revoked. Because the Kaua`i Planning Commission’s December 2007 approval was specifically conditioned on Brescia’s meeting the island Burial Council’s requirements, there is no real approval of Brescia’s house plans. The island Burial Council made clear the proposal to build on the burial site was culturally unacceptable to its members, which is why the Council rejected the revised Burial Treatment Plan. The Kaua`i Planning Commission should be held accountable to rescind the conditional approval it gave, since its requirements were not met.
In the midst of this ongoing desecration, last month, on February 4, 2009, the SHPD wrote a letter to Dega acknowledging his sixth proposed Burial Treatment Plan. This is the same Burial Treatment Plan that McMahon circulated to Native Hawaiian Organizations for consultation as part of a court order by Judge Watanabe on October 2, 2008. The outcome of this consultation with Native Hawaiian Organizations was their sweeping rejection of the proposal. Without any regard for this rejection, the SHPD letter to Dega states, "at this time we cannot accept the Burial Treatment Plan without some revisions which are to be addressed below" and then outlines seven concerns for him to deal with such as detailing a landscape plan for burials outside of the house footprint. In other words, the letter basically instructs Dega to revise the Burial Treatment Plan in order for SHPD to approve it. This is unacceptable; if McMahon’s decision is reaffirmed despite the outcome of the consultation with Native Hawaiian Organizations that clearly rejected the proposal, it would set a dangerous precedent and strip the island Burial Councils of any meaningful authority.
To date, 5th Circuit Judge Kathleen Watanabe has denied requests for a temporary restraining order and has even refused to grant a temporary injunction to stop further construction until the full civil suit is adjudicated by the state court. The civil suit — Joseph Brescia v. Ka`iulani Huff, et al. — currently in progress is a travesty. Brescia is suing at least 17 individuals—almost all of whom are Kānaka Maoli —implicated in protecting the burial site from his construction work. Beside trespass, Brescia has accused them of five other counts: private nuisance and harassment, tortious interference with contract, civil conspiracy described as "terroristic threatening" , intentional interference, ejectment, and slander of title. We stand in solidarity with the defendants. Brescia has no one else to blame but himself; he knowingly took the chance of building his house over a grave site when the essence of the island Burial Council’s action was to preserve all burials remains in place.
We must remind the state agencies that their own law, Hawai`i revised statute 711-1107 on Desecration, specifically states that no one may commit the offense of desecrating "a place of worship or burial," and the statute defines "desecrate" as "defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action."We call on all people of conscience to join in our condemnation of the desecration of the ancestral remains by:
• holding the Kaua`i Planning Commission accountable for upholding their own condition by finding Brescia in violation of it by starting to build;
• demanding that the SHPD honor the Kaua`i-Ni`ihau Island Burial Council’s original decision to preserve the burial site without any construction;
• insisting that the SHPD respect the outcome of the court-ordered consultation process and reject the Burial Treatment Plan;
• supporting an end to the illegal construction supported by the state; and
• protesting Brescia’s lawsuit targeted at those who have served to prevent the further degradation of the bones of our kūpuna.
Signed,
Hokulani Aikau, Ph.D., Assistant Professor, Political Science, University of Hawai`i at Mānoa
Carlos Andrade, Ph.D. Associate Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i at Mānoa
Maile Arvin, M.A. candidate, Department of Ethnic Studies, University ofCalifornia San Diego
J. Leilani Basham, Ph.D., Assistant Professor, Hawaiian Studies,University of Hawai`i at West O`ahu
Kamanamaikalani Beamer, Ph.D., Mellon-Hawai` i Postdoctoral Fellow, Kohala Center, Hawai`i
Kealani Robinson Cook, Ph.D. Candidate, Department of History, University of Michigan
Lani Cupchoy, Ph.D. Candidate, History, University of California, Irvine
Lisa Kahaleole Hall, Ph.D., Assistant Professor, Women’s Studies, Wells College
Sydney Lehua Iaukea, Ph.D., Mellon-Hawai` i Postdoctoral Fellow, Kohala Center, Hawai`i
Lilikalā Kame`eleihiwa, Ph.D., Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i at Mānoa
J. Kēhaulani Kauanui, Ph.D., Associate Professor, Anthropology and American Studies, Wesleyan University
Kanani K. M. Lee, Ph.D., Assistant Professor, Geology & Geophysics, Yale University
Jon Kamakawiwo`ole Osorio, Ph.D., Associate Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i at Mānoa
Lessa Kanani`opua Pelayo, M.L.I.S. Candidate, B.A., University of California, Los Angeles
Kekailoa Perry, J.D. Assistant Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i at Mānoa
Keanu Sai, Ph.D., Lecturer Kapiolani Community College
Noenoe K. Silva, Ph.D., Associate Professor, Political Science, University of Hawai`i at Mānoa
Stephanie Nohelani Teves, Ph.D. Candidate, Program in American Culture, University of Michigan
Ty Kāwika Tengan, Ph.D., Associate Professor, Anthropology and Ethnic Studies, University of Hawai`i at Mānoa
Haunani-Kay Trask, Ph.D., Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i, Mānoa
Liza Keanuenueokalani Williams, Ph.D. student, New York University
Erin Kahunawaika` ala Wright, Ph.D. Director of Native Hawaiian Student Services, Hawai'inuiākea School of Hawaiian Knowledge
-------
Contact: J. Kehaulani KauanuiPh: 860-638-1264Email: jkauanui@wesleyan. edu
--------TAKE ACTION
Write individual emails or letters the Kaua`i Planning Commission, State Historic Preservation Division Officials, Governor Linda Lingle, Joseph Brescia, and the Mayor of Kaua`i.
Please cc: all letters and emails to: J. Kehaulani Kauanui,Center for the Americas, Wesleyan University, 255 High Street, Middletown, CT 06459.Email It's important to cc: me so I can track letters and so the recipients know you are keeping one KM scholar in the loop so there's a record of the correspondence.
See addresses below:
Ian Costa
Director of Planning
County of Kaua`i
4444 Rice Street, Suite 473
Lihue, HI 96766
icosta@kauai. gov
Laura Thielan, Chairperson
State of Hawaii, Department of Land and Natural Resources
State Historic Preservation Division
601 Kamokila Blvd., Room 555
Kapolei, HI 96707
dlnr@hawaii. gov
Pua Aiu, AdministratorState Historic Preservation Division601 Kamokila Blvd., Room 555Kapolei, HI 96707pua.aiu@hawaii. gov
Nancy McMahon, Deputy Administrator
State Historic Preservation Division
601 Kamokila Blvd., Room 555
Kapolei, HI 96707
Nancy.A.McMahon@ hawaii.gov
Governor Linda Lingle
State of Hawai`i
Executive Chambers
State Capitol
Honolulu, Hawai`i 96813
governor.lingle@ hawaii.gov
Joseph Brescia, President
Architectural Glass & Aluminum
1151 Marina Village Parkway, Suite 101
Alameda, CA 94501
jbrescia@aga- ca.com
Bernard P. Carvalho, Jr.
Mayor, County of Kauai
4444 Rice St., Suite 235
Lihue, HI 96766
mayor@kauai. gov
And though the need is great for reform of the “advisory” burial council system - even the judge who ruled in the case said the laws are insufficient for protection of the `iwi kupuna- as evidenced by the “legal” desecration okayed by the state at Naue, the bills do pretty much nothing but add more “consulting” groups for the councils and set up a “working group” to study what can be done meaning there will most likely be no action this legislative session.
Today, we’re off to the dentist so without further comment we’ll let readers read for themselves the note from Carroll’s office on the three bills and the letter from the scholars describing and decrying the history and current status of the burial issues.
----------
House Committee on Hawaiian Affairs passes resolutions, Senate bills
SB 1083, SD1
(SSCR473)
Status
Senate Bill 1083 SD1 includes additional native Hawaiian organizations for the Department of Land and Natural Resources to consult with to determine whether a burial site should be preserved in place or relocated and to develop a list of candidates for the burial councils. Senate Bill 1083 SD1 passed with amendments, which adds to the list of organizations the Kamakuokalani Center for Hawaiian Studies at the University of Hawai‘i, DLNR’s Historic Preservation Division, and Hui Malama I Na Kupuna O Hawai‘i Nei.
HCR 226
Status
HR 194
Status
House Concurrent Resolution 226 and House Resolution 194 request the Office of Hawaiian Affairs to convene a working group to review the system and procedures for the review of Native Hawaiian burial sites. House Concurrent Resolution 226 passed with amendments. The recommendation was to add language to the resolutions to include that the working group would work with the State DLNR Historical Preservation Division in addressing and seeking solutions to the many serious concerns that the division is faced with, for example, the lack of qualified staffing, the overwhelming unresolved cases pertaining to our kupuna iwi, and other critical issues.
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Kānaka Maoli Scholars Against Desecration
Second Statement on Naue, March 24, 2009
As Kānaka Maoli scholars we write to follow-up on our statement from September 13, 2008 publicly condemning the state-sponsored desecration of a Native Hawaiian burial site at Wainiha, Kaua`i resulting from the construction of a new home at Naue Point by California real estate> developer Joseph Brescia. Both the state abuse of power and the desecration continue unabated and must come to a halt.
In the late 1980s, in response to a massive burial site disturbance at Honokahua, Maui, Kanaka Maoli came together to challenge the laws that allowed this type of sacrilege. As a result of this history, five Island Burial Councils were created and are administratively attached to the State Historic Preservation Division (SHPD) of the Department of Land and Natural Resources to address concerns relating to Native Hawaiian burial sites. By Hawai`i state statute, the composition of each island Burial Council must consist of a majority of Kānaka Maoli. The preservation criteria established by state law favor the "preservation in place" of burial sites that contain a "concentration of skeletal remains," or are "pre-contact" or "historic period" burial sites associated with important individuals and events.
At Naue, there are 30 known burial remains within less than half of an acre, with a high likelihood that more remains are present. Naue is a significant historical site that is frequently acknowledged in hula, oli, mele, and other Hawaiian knowledge sources.
Accordingly, the Kaua`i- Ni`ihau Island Burial Council appropriately voted to preserve in place the burial site on the property claimed by Brescia.
In complete contradiction to both their own state law, and the April 3, 2008 determination adopted by the island Burial Council to preserve the burials in place, the SHPD improperly approved a "Burial Treatment Plan" for Brescia without the required consultation with the island Burial Council. The Burial Treatment Plan was submitted by Mike Dega, the archaeologist hired by Joseph Brescia as a consultant in support of his building a private home atop of the burial site.
The SHPD’s own rules empower the island Burial Council to determine the disposition of previously known burials. The island Burial Council’s decision on this issue is supposed to be binding. Yet, SHPD deputy administrator Nancy McMahon sanctioned the use of vertical buffers and concrete caps on the burials to make way for installing the footings of Brescia’s house. Her authorization for such an intrusive "preservation" measure is a fundamental repudiation of the power allocated to all of the island Burial Councils.
By ignoring the decision of the island Burial Council, her actions undermine both the very concept of historic preservation and the reason for the founding of the island Burial Councils. Tragically, before a court could intervene, and based on McMahon’s unauthorized agreements, Brescia’s team managed to install massive house foundations on a portion of the cemetery.
The Kaua`i Planning Commission’s approval of Brescia’s house plans included a specific condition issued in a letter dated December 12, 2007 that "No building permit shall be issued until requirements of the State Historic Preservation Division and the Burial Council have been met." The requirements of the island Burial Council have not been met; the Council recommended that there be no building upon the cemetery. SHPD covered up the island Burial Council’s decision by trying to pretend that vertical buffers and concrete jackets constitute "preservation" ; they do not.
During the consultation required by the preliminary October 2008 court ruling, on November 6, 2008, the island Burial Council recommended that the SHPD reject the revised Burial Treatment Proposal submitted by Dega. Therefore, Brescia still has not met the requirements of the island Burial Council and thus, the building permit should be revoked. Because the Kaua`i Planning Commission’s December 2007 approval was specifically conditioned on Brescia’s meeting the island Burial Council’s requirements, there is no real approval of Brescia’s house plans. The island Burial Council made clear the proposal to build on the burial site was culturally unacceptable to its members, which is why the Council rejected the revised Burial Treatment Plan. The Kaua`i Planning Commission should be held accountable to rescind the conditional approval it gave, since its requirements were not met.
In the midst of this ongoing desecration, last month, on February 4, 2009, the SHPD wrote a letter to Dega acknowledging his sixth proposed Burial Treatment Plan. This is the same Burial Treatment Plan that McMahon circulated to Native Hawaiian Organizations for consultation as part of a court order by Judge Watanabe on October 2, 2008. The outcome of this consultation with Native Hawaiian Organizations was their sweeping rejection of the proposal. Without any regard for this rejection, the SHPD letter to Dega states, "at this time we cannot accept the Burial Treatment Plan without some revisions which are to be addressed below" and then outlines seven concerns for him to deal with such as detailing a landscape plan for burials outside of the house footprint. In other words, the letter basically instructs Dega to revise the Burial Treatment Plan in order for SHPD to approve it. This is unacceptable; if McMahon’s decision is reaffirmed despite the outcome of the consultation with Native Hawaiian Organizations that clearly rejected the proposal, it would set a dangerous precedent and strip the island Burial Councils of any meaningful authority.
To date, 5th Circuit Judge Kathleen Watanabe has denied requests for a temporary restraining order and has even refused to grant a temporary injunction to stop further construction until the full civil suit is adjudicated by the state court. The civil suit — Joseph Brescia v. Ka`iulani Huff, et al. — currently in progress is a travesty. Brescia is suing at least 17 individuals—almost all of whom are Kānaka Maoli —implicated in protecting the burial site from his construction work. Beside trespass, Brescia has accused them of five other counts: private nuisance and harassment, tortious interference with contract, civil conspiracy described as "terroristic threatening" , intentional interference, ejectment, and slander of title. We stand in solidarity with the defendants. Brescia has no one else to blame but himself; he knowingly took the chance of building his house over a grave site when the essence of the island Burial Council’s action was to preserve all burials remains in place.
We must remind the state agencies that their own law, Hawai`i revised statute 711-1107 on Desecration, specifically states that no one may commit the offense of desecrating "a place of worship or burial," and the statute defines "desecrate" as "defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action."We call on all people of conscience to join in our condemnation of the desecration of the ancestral remains by:
• holding the Kaua`i Planning Commission accountable for upholding their own condition by finding Brescia in violation of it by starting to build;
• demanding that the SHPD honor the Kaua`i-Ni`ihau Island Burial Council’s original decision to preserve the burial site without any construction;
• insisting that the SHPD respect the outcome of the court-ordered consultation process and reject the Burial Treatment Plan;
• supporting an end to the illegal construction supported by the state; and
• protesting Brescia’s lawsuit targeted at those who have served to prevent the further degradation of the bones of our kūpuna.
Signed,
Hokulani Aikau, Ph.D., Assistant Professor, Political Science, University of Hawai`i at Mānoa
Carlos Andrade, Ph.D. Associate Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i at Mānoa
Maile Arvin, M.A. candidate, Department of Ethnic Studies, University ofCalifornia San Diego
J. Leilani Basham, Ph.D., Assistant Professor, Hawaiian Studies,University of Hawai`i at West O`ahu
Kamanamaikalani Beamer, Ph.D., Mellon-Hawai` i Postdoctoral Fellow, Kohala Center, Hawai`i
Kealani Robinson Cook, Ph.D. Candidate, Department of History, University of Michigan
Lani Cupchoy, Ph.D. Candidate, History, University of California, Irvine
Lisa Kahaleole Hall, Ph.D., Assistant Professor, Women’s Studies, Wells College
Sydney Lehua Iaukea, Ph.D., Mellon-Hawai` i Postdoctoral Fellow, Kohala Center, Hawai`i
Lilikalā Kame`eleihiwa, Ph.D., Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i at Mānoa
J. Kēhaulani Kauanui, Ph.D., Associate Professor, Anthropology and American Studies, Wesleyan University
Kanani K. M. Lee, Ph.D., Assistant Professor, Geology & Geophysics, Yale University
Jon Kamakawiwo`ole Osorio, Ph.D., Associate Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i at Mānoa
Lessa Kanani`opua Pelayo, M.L.I.S. Candidate, B.A., University of California, Los Angeles
Kekailoa Perry, J.D. Assistant Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i at Mānoa
Keanu Sai, Ph.D., Lecturer Kapiolani Community College
Noenoe K. Silva, Ph.D., Associate Professor, Political Science, University of Hawai`i at Mānoa
Stephanie Nohelani Teves, Ph.D. Candidate, Program in American Culture, University of Michigan
Ty Kāwika Tengan, Ph.D., Associate Professor, Anthropology and Ethnic Studies, University of Hawai`i at Mānoa
Haunani-Kay Trask, Ph.D., Professor, Kamakakūokalani Center for Hawaiian Studies, University of Hawai`i, Mānoa
Liza Keanuenueokalani Williams, Ph.D. student, New York University
Erin Kahunawaika` ala Wright, Ph.D. Director of Native Hawaiian Student Services, Hawai'inuiākea School of Hawaiian Knowledge
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Contact: J. Kehaulani KauanuiPh: 860-638-1264Email: jkauanui@wesleyan. edu
--------TAKE ACTION
Write individual emails or letters the Kaua`i Planning Commission, State Historic Preservation Division Officials, Governor Linda Lingle, Joseph Brescia, and the Mayor of Kaua`i.
Please cc: all letters and emails to: J. Kehaulani Kauanui,Center for the Americas, Wesleyan University, 255 High Street, Middletown, CT 06459.Email
See addresses below:
Ian Costa
Director of Planning
County of Kaua`i
4444 Rice Street, Suite 473
Lihue, HI 96766
icosta@kauai. gov
Laura Thielan, Chairperson
State of Hawaii, Department of Land and Natural Resources
State Historic Preservation Division
601 Kamokila Blvd., Room 555
Kapolei, HI 96707
dlnr@hawaii. gov
Pua Aiu, AdministratorState Historic Preservation Division601 Kamokila Blvd., Room 555Kapolei, HI 96707pua.aiu@hawaii. gov
Nancy McMahon, Deputy Administrator
State Historic Preservation Division
601 Kamokila Blvd., Room 555
Kapolei, HI 96707
Nancy.A.McMahon@ hawaii.gov
Governor Linda Lingle
State of Hawai`i
Executive Chambers
State Capitol
Honolulu, Hawai`i 96813
governor.lingle@ hawaii.gov
Joseph Brescia, President
Architectural Glass & Aluminum
1151 Marina Village Parkway, Suite 101
Alameda, CA 94501
jbrescia@aga- ca.com
Bernard P. Carvalho, Jr.
Mayor, County of Kauai
4444 Rice St., Suite 235
Lihue, HI 96766
mayor@kauai. gov
Wednesday, March 11, 2009
NO, PASSOVER IS NEXT MONTH
NO, PASSOVER IS NEXT MONTH: It’s halftime at the Stupidbowl- aka the hurry-up-and-wait 2008 Hawai`i legislative session. when bills "crossover" from one body to the other
Today, after going over the list of all bills that passed, we’ve put together a list of bills that passed the house and senate that either we’ve written about or are of concern to Kaua`i or are otherwise remarkable- in the “able to be remarked upon” sense of the word.
Click on the links for the complete status and click on the bill number when you get there for the text.
This is by no means a comprehensive list and we may have misinterpreted some measures- if so we’d appreciate clarification.
Remarks are below each in bold.
HB128 HD1 RELATING TO ELECTIONS.Elections; Nomination PapersRequires office of elections to create and make available a standard withdrawal and declaration of candidacy form. Requires office of elections to make nomination papers available only until the Friday preceding the filing deadline. Establishes required availability and filing deadlines for nomination papers in the event that no candidates have validly filed nomination papers for an elective office by the original filing deadline. (HB128 HD1)
This is an attempt to fix the broken filing system that exploded in everyone’s faces at the deadline last year. It should help matters.
HB214 HD1 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING AN APPROPRIATION FOR WAILUA EMERGENCY BYPASS ROAD REPAIR AND RESURFACING, AND WAIMEA WASTEWATER TREATMENT PLANT UPGRADES FOR THE COUNTY OF KAUA‘I.General Obligation Bonds; Kaua‘i Capital Improvement ProjectsAppropriates $ in general obligation bonds to the county of Kaua‘i for improvements to the Wailua emergency bypass road and the Waimea wastewater treatment plant. (HB2381 HD1)
We may actually get to use the old cane road from Wailua to Hanama`ulu now although all this does is loan us the money to fix it up.
HB444 HD1 RELATING TO CIVIL UNIONS.Civil UnionsExtends the same rights, benefits, protections, and responsibilities of spouses in a marriage to partners in a civil union. (HB444 HD1)
At least it passed the House so is still alive even though the apparently the gutless wonders in the Senate refused to pull it out of committee.
HB861 HD1 RELATING TO ELECTIONS.Office of Elections; ProcurementExempts the office of elections from procurement code requirements relating to cost or pricing data. Effective 07/01/2020. (HB861 HD1)
Watch out for this one- this is the issue people are suing over in Maui and this actually appears to legitimize an illegitimate process.
HB991 HD2 RELATING TO THE UNIVERSITY OF HAWAII.UH; Loan RepaymentsEstablishes the Hawaii Medical Doctor Loan Repayment Program for University of Hawaii medical school graduates and medical school graduates with training from Hawaii based medical program working in rural areas of the state. (HB991 HD2)
This, not tort reform, is what is really needed to get attract more doctors on Kaua`i neighbor islands and rural O`ahu . It has failed in past sessions.
HB1008 HD1 RELATING TO LAND USE.Land Use; Agricultural Land; SubdivisionProtects and promotes the proper use of Hawaii's best agricultural lands by requiring conditions of approval for subdivisions of agricultural land into smaller lots and farm dwellings, thereby ensuring meaningful agricultural use. (HB1008 HD1)
The amazing part is that they don’t have to do this now.
HB1148 HD1 RELATING TO PUBLIC AGENCY MEETINGS.Sunshine Law; Meeting; Notice; State Calendar; Lieutenant GovernorWith respect to notice requirements for a public agency hearing, requires state boards to electronically file meeting notices on the state calendar rather than in the Lt. Governor's office. (HB1148 HD1)
Finally all agendas for meetings of all boards and commissions will all be available on line if this passes the senate- the Lt. Governor notification requirement has been a joke- an artifact of pre-information age legislation.
HB1212 HD1 RELATING TO INFORMATION PRACTICES.Public Documents; PrivacyDeletes the exception of a record of complaints with respect to government information relating to an individual's fitness for a license, when balancing an unwarranted invasion of a person's privacy against the public disclosure of the record. Effective January 1, 2046. (HB1212 HD1)
Maybe now we’ll actually be able to see complaints- now they go into as black hole making them useless to the general public.
HB1226 HD1 RELATING TO GENETICALLY MODIFIED PLANT ORGANISMS.Genetically Modified Organisms; Preemption; ExceptionsProhibits state administrative regulatory actions and county regulatory actions from banning or otherwise regulating activities related to genetically modified plant organisms, with certain exceptions (HB1226 HD1)
This is the worst bill in the legislature that would ban counties and even the state from regulating GMOs except for the current taro bill on the Big Island.
HB1271 HD3 RELATING TO GOVERNMENT.Food and Energy Security Program Establishment; Ethanol Content RepealEstablishes the Hawaii economic development task force to address Hawaii's energy and food security needs. Increases the tax collected on each barrel of petroleum product sold by a distributor. Allocates portions of the taxes collected to various funds, including the general fund. Suspends for 36 months the requirement that gasoline sold in the State for use in motor vehicles contain 10% ethanol by volume. (HB1271 HD3)
Some good stuff here although another tasks force may be too little too late. The tax on petroleum products to support it is good and the ethanol in gas bill that would be suspended is and always was a bad joke.
HB1273 HD1 RELATING TO ENERGY.Solar Energy; ClotheslinesAllows the use of clotheslines on any privately owned single-family residential dwelling or townhouse. (HD1)
We thought this no-brainer measure introduced by Senator Hooser passed last year but apparently not- there is a senate version that passed too (see below).
HB1422 HD1 RELATING TO ABANDONED VEHICLES.Abandoned Vehicles; Private Roads; CountiesAllows counties to remove abandoned motor vehicles from private roads; requires owners of private roads to request removal in writing before vehicle is considered abandoned; requires private road owner to pay for removal and indemnify county for claims arising from removal and disposal. (HB1422 HD1)
Can’t hurt- the county always refuses to do it now and we have a lot of “private” roads that the county won’t “accept” because they were made too narrow long ago and can’t be widened easily.
HB1436 HD1 RELATING TO AGRICULTURE.Agricultural District; Permitted UsesAmends the permitted uses of land within the agricultural district with soil classifications of A or B to include educational facilities and agricultural appurtenances. (HB1436 HD1)
We’re not quite sure what “appurtenances” are but watch out for this one- it sets up commercial uses on prime ag lands and knowing the vacation rental lobby could enable them on ag land.
HB1495 HD1 RELATING TO STATE INCOME TAX.Hawaii State Income Tax; Repeal Wagering Loss DeductionRepeals the deduction of wagering losses for Hawaii state income tax purposes. (HB1495 HD1)
Another “and this is now legal???” bill
HB1611 HD2 RELATING TO LABELING OF MEAT AND FISH PRODUCTS.Fish; Meat; LabelingRequires gas-treated meat and fish to be labeled as such. (HB1611 HD2)
This would make sure you know that the bright red beautiful ahi and other fish in the supermarket is red because it’s fresh, not because it was gassed with all sorts of crap so it looks that way forever. There is a senate version (below). Quite remarkable in this “don’t ask don’t tell” era of food labeling
HB1663 HD1 RELATING TO TARO SECURITY.Genetically Modified Taro; ProhibitionProhibits the development, testing, propagation, release, importation, planting, or growing of genetically modified Hawaiian taro in the state. Prohibits certain activities related to genetically modified non-Hawaiian taro. (HB1663 HD1)
This is the bad version of the GMO taro ban that only pertains to Hawaiian taro, not other varieties. Apparently the senate version (see below) pertains to all varieties.
HB1763 HD2 RELATING TO THE HAWAII TOURISM AUTHORITY.HTA Repeal; Department of Tourism EstablishmentRepeals the Hawaii Tourism Authority. Establishes the Department of Tourism. Transfers the Convention Center Enterprise Special Fund, Tourism Special Fund, and Tourism Emergency Trust Fund to the Department of Tourism. Renames the Department of Business, Economic Development, and Tourism to the Department of Business and Economic Development. (HB1763 HD2)
The HTA is and always was a joke but then again is using our tax money to promote tourism. Seem the right wing nut pols are all for free enterprise and market self-reliance except when it comes to throwing money at they big campaign contributors
SB93 SD1 RELATING TO CAMPAIGN FINANCING.Campaign Contributions; Preliminary ReportsEstablishes a grace period during which a candidate or candidate's committee may return or refund contributions. Changes 20% contributions cap to an unspecified amount. Effective 7/1/2050. (SD1)
Speaking of Incumbency Preservation Acts, here’s another courtesy of Senator Hamabusa. This would allow pols to use illegal contributions as a slush fund loan until long(er) after they’ve been re-elected when they can collect more money as re-elected incumbents.
SB133 SD2 RELATING TO UTILITIES.Utilities; Lifeline Electricity Rates; PUCRequires the public utilities commission to implement a program to achieve lifeline electricity rates for qualified residential electricity customers. (SD2)
For the working poor this would be a god send to keep the lights on- something really needed on Kaua`i with out highest in the world rates... which are scheduled to increase soon.
SB153 SD1 RELATING TO PUBLIC ACCESS.Public AccessRequires state and county agencies to ensure that a public right-of-way is available prior to the approval of any development project, subdivision, or zoning change. (SD1)
Even though the county has a provision like this (although some are still under the impression we don’t) they don’t always enforce it. Maybe another law at the state level will help.. yeah, right.
SB350 SD1 RELATING TO USE OF FORCE.Self-Defense; Deadly Force; Duty to RetreatPermits the use of deadly force by the resident of a dwelling against a person not lawfully in the dwelling who uses force against the resident. Expands the exemption from the duty to retreat from the home and workplace to any place where the actor may lawfully be present. Effective July 1, 2050. (SD1)
We’ve all heard the story on Kaua`i about how the cops used to tell people if you shoot someone in your yard you’d better drag him into your house if you don’t want to go to jail. Now you won’t have to.
SB468 SD1 RELATING TO COASTAL ZONE MANAGEMENT.Shoreline SetbackRequires affected agencies to account for sea level rise and minimize risks from coastal hazards such as erosion, storm inundation, hurricanes, and tsunamis. Preserves public access and public shoreline access. Extends shoreline setback to not less than forty feet from shoreline and requires counties to account for annual erosion rates. (SD1)
Sounds good. Any help we can get in prodding the council to pass a decent setback law can’t hurt.
SB474 SD1 PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 6, OF THE HAWAII CONSTITUTION, TO CLARIFY THE GUBERNATORIAL APPOINTMENT PROCESS.Department Heads; Boards and Commissions; AppointmentsAmends article V, section 6, of the state constitution to clarify the appointment process for department heads and members of boards and commissions by requiring the Governor to nominate successors within the time limits required by law. (SD1)
This would codify the recent supreme court ruling although it’s unclear how long they’ll hold their breath and turn blue if the gov doesn’t do it.
SB635 SD1 RELATING TO STATE PARKS.Office of Hawaiian Affairs; State Parks; Kahana ValleyTransfers jurisdiction and management of Kahana valley from the department of land and natural resources, parks division, to the office of Hawaiian affairs. (SD1)
Bad DLNR- no jurisdiction for you after trying to kick the Kahana family out of Kahana valley.
SB643 SD2 RELATING TO PUBLIC LANDS.DLNR; DHHL; Transfer of Management; Kahana Valley State ParkTransfers management of Kahana valley state park from the department of land and natural resources to the department of Hawaiian home lands. (SD2)
Or management if that’s not covered under jurisdiction.
SB638 SD2 RELATING TO PUBLIC LANDS.Kahana Valley State Park; Eviction MoratoriumEstablishes a two year moratorium on evictions of residents from Kahana valley state park; establishes the planning council to create and implement a living park master plan for Kahana valley state park. (SD2)
And don’t try to evict them before the jurisdiction transfers- we’ve seen Laura Thielen’s handiwork.
SB639 SD1 RELATING TO PUBLIC LANDS.State Parks; Residential Leases; Planning CouncilAuthorizes the department of land and natural resources to issue residential leases in state parks; establishes a planning council to monitor compliance with the leases. (SD1)
This would takes away DLNR’s excuse for not renewing the Koke`e leases.
SB646 SD1 RELATING TO PUBLIC ACCOUNTABILITY.Public Accountability; Executive Decisions; TransparencyAmends the governor's power to unilaterally limit appropriations that were previously approved by the legislature to require the governor to explain in writing any decisions to reduce, withhold, or otherwise limit appropriations approved by the legislature. (SD1)
Another “or we’ll hold our breath until we turn blue” measure. How putting it in writing will help is anyone’s guess but it would take a constitutional amendment to take away this uniquely Hawai`i method of funding distribution where the governor gets two bites of the apple the second to which there is no check or balance.
SB654 RELATING TO VOTING.Voter Registration; Election Day RegistrationAllows election-day voter registration.
It’s about time- lots of other states have same day registration why can’t we. Oh, yeah-we forget about that Incumbency Preservation Act.
SB667 SD2 RELATING TO WHISTLEBLOWERS' PROTECTION.Employment Practices; Whistleblowers' Protection Provides additional protection to public employees who report violations of the law, and other improper activities such as waste, gross misconduct, incompetence, or inefficiency. Expands the DLNR's responsibilities regarding whistleblowers. (SD2)
Anything that helps encourage county employees to expose the every day corruption they encounter will help.
SB709 SD2 RELATING TO AGRICULTURE.Genetically Engineered Organisms; TaroProhibits the development, testing, propagation, release, importation, planting, or growing of genetically engineered taro in the State of Hawaii. Effective 7/1/50. (SD2)
This is the good one- it seemingly refers to all taro not just the Hawaiian variety.
SB786 SD1 RELATING TO HISTORIC PLACES.Historic Places; Trespass; Property DamageMakes the entering or remaining unlawfully on property listed in the Hawaii register of historic places after warning or request to leave, an offense of criminal trespass in the first degree. Makes the intentional or knowing damage to property on the Hawaii register of historic places an offense of criminal property damage in the first degree. (SD1)
This is to keep Hawaiian sovereignty groups off `Iolani Palace grounds- another nail in the genocide coffin.
SB906 RELATING TO PUBLIC MEETINGS.Sunshine Law; Testimony; Quorum; MeetingsExpands ability of a board or commission to facilitate public meetings through available interactive conferencing technology.
Any sunshine law amendment sends up a red flag. But actually this is a good bill- it would allow councilmembers, for instance, who are away on county junkets to attend and officially participate in meetings via teleconference so they don’t have the “I wasn’t there” excuse and bills don’t spend forever in committee waiting for all the members to be there.
SB1058 SD2 RELATING TO CONTROLLED SUBSTANCES.Controlled Substances; Diversion; TreatmentDirects the attorney general to coordinate a review of the impact of diverting marijuana and low-level felony drug offenders out of the criminal justice system into treatment. (SD2)
This unfortunately seems to be the only bill from the cannabis reform package to survive. Not that we think the Attorney General is at all competent to do a fair job.
SB1083 SD1 RELATING TO BURIAL SITES.Burial SitesIncludes additional native Hawaiian organizations for the DLNR to consult with to determine whether a burial site should be preserved in place or relocated and to develop a list of candidates for the burial councils. (SD1)
It’s not the bill that’s really needed because it doesn’t empower the burial councils as everyone, including Judge Wantanbe seems to want. But it can’t hurt to have more groups to participate in the “advisory” process.
SB1085 SD2 RELATING TO CEDED LANDS.Ceded Lands; Public Land Trust; ManagementProhibits the sale or transfer of ceded lands until the unrelinquished claims of the native Hawaiian people are resolved, reconciliation between the State and the native Hawaiian people is no longer supported, or until December 31, 2014, whichever occurs first; establishes a process for the sale or transfer of ceded lands, to be implemented only when one of the foregoing conditions occurs. Effective 7/1/50. (SD2)
Great bill- exactly what’s needed to overturn any US Supreme Court ruling...except for that little detail of a “defective effective date” of 2050.
SB1088 SD2 RELATING TO PUBLIC ACCESS.Public Property; Beach and Shoreline AccessAmends definition of obstruction for access to public property. Creates a private right of action for a person to enforce the prohibition of obstruction. (SD2)
Wow- allowing private action to enforce obstruction of public access. This sounds too good to actually pass.
SB1122 SD2 RELATING TO PUBLIC EMPLOYMENT.Public Employment; Exempt Civil ServiceAmends various sections of the HRS to comply with Act 253, Session Laws of Hawaii 2000, which places restrictions on the creation of civil service exempt positions and requires an annual review of exempt positions to determine whether they should be converted to civil service positions. (SD2)
Less civil service exemptions equals less opportunity for Kaua`i style patronage system corruption
SB1215 PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION RELATED TO RESIDENCE REQUIREMENTS FOR MEMBERS OF THE LEGISLATURE.Elections; Candidates; Residency RequirementsAmends the state constitution to require candidates for the state senate or house of representatives to be a resident of the legislative district from which the person is a candidate for not less than twelve consecutive months prior to the general election.
Another Incumbent Preservation Act- at least we get to vote it down in November although a lot of knee jerk ditto heads will probably vote for it.
SB1265 SD1 RELATING TO LABELING OF MEAT AND FISH PRODUCTS.Fish; Meat; LabelingRequires truthful labeling of meat and fish that has been gas‑treated. (SD1)
The companion to the house “red ahi” gassing bill cited above.
SB1318 SD1 RELATING TO PLANNING AND ECONOMIC DEVELOPMENT.Coastal Zone Management; State Planning; RepealRepeals the chapters relating to coastal zone management and state planning, and transfers the authority and functions of the office of planning to DBEDT. (SD1)
Check that- THIS is the worst bill of the year- it would repeal Sect 205(A) and with it the shoreline management area rules.
SB1338 SD2 RELATING TO HOUSEHOLD ENERGY DEMAND.Solar Energy, Clotheslines, Household Energy DemandAllows for the use of clotheslines at any privately owned single-family residential dwelling or townhouse. Allows reasonable restrictions on the use of clotheslines for aesthetic purposes. (SD2)
Companion to the house bill cited above that we thought passed last year.
SB1621 SD2 RELATING TO COLLECTIVE BARGAINING.Collective BargainingProvides a union representation privilege to protect the functions of the union as an exclusive bargaining representative to allow the union to perform its role in negotiations and contract enforcement; allows certification of union representatives through a card-check authorization; requires collective bargaining to begin upon union certification; sets certain deadlines for initial collective bargaining agreement procedures and conciliation of disputes; sets civil penalty for unfair labor practices; extends certain authorities to labor organizations representing employees for collective bargaining; allows labor disputes to be defenses against prosecution for certain violations of law. (SD2)
This is the good “card check” bill allowing unions to form with enough signatures. Now it’s up to the house.
SB1645 SD1 RELATING TO STATE BUILDING CODE.State Building Code; BambooDirects the state building code council to review studies and structural tests of bamboo as a construction material, and to recommend standards and criteria for the use of bamboo as an accepted construction material. (SD1)
Bamboo is the natural strongest building material in the world and is legally used almost everywhere- except Hawai`i. People have been trying to get this passed for years- maybe this is the one. but don’t count on it with the lumber lobby desperate to keep their tree murdering business alive.
SB1661 SD1 RELATING TO PUBLIC AGENCY MEETINGS.Public Agency Meetings; Board MembersClarifies permissible attendance and procedures for board members to attend meetings of other boards, departments, agencies, and hearings of the legislature. Effective 7/1/2050. (SD1)
This again is a Sunshine law revision but a good one. It clarifies that members of councils for instance can attend other meetings as long they don’t participate and report it. It will again take away a common excuse to try to change the law in a more fundamental manner as the councils want to do.
SB1675 SD2 RELATING TO RENEWABLE ENERGY.Net Energy Metering; Renewable Energy; Electricity; Public Utilities CommissionPermits existing net metered customers to remain with net metering program once alternative credits or compensation mechanisms are created. Prohibits electric utility from unreasonably denying, burdening, or delaying net energy metering contracts. (SD2)
The utilities- KIUC included- have been intent on throwing up obstacles to individuals generating and selling excess alternative electricity back to the company. This seems to tell them to cut the crap. Thank you Mina.
SB1677 SD1 RELATING TO LANDS CONTROLLED BY THE STATE.Ceded Lands; Public Lands; SaleRequires two-thirds majority vote of the legislature to adopt a concurrent resolution to sell or exchange certain public lands. (SD1)
Oh you bad governor, trying to sell the Hawaiian’s land. Only WE can do that.
Today, after going over the list of all bills that passed, we’ve put together a list of bills that passed the house and senate that either we’ve written about or are of concern to Kaua`i or are otherwise remarkable- in the “able to be remarked upon” sense of the word.
Click on the links for the complete status and click on the bill number when you get there for the text.
This is by no means a comprehensive list and we may have misinterpreted some measures- if so we’d appreciate clarification.
Remarks are below each in bold.
HB128 HD1 RELATING TO ELECTIONS.Elections; Nomination PapersRequires office of elections to create and make available a standard withdrawal and declaration of candidacy form. Requires office of elections to make nomination papers available only until the Friday preceding the filing deadline. Establishes required availability and filing deadlines for nomination papers in the event that no candidates have validly filed nomination papers for an elective office by the original filing deadline. (HB128 HD1)
This is an attempt to fix the broken filing system that exploded in everyone’s faces at the deadline last year. It should help matters.
HB214 HD1 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING AN APPROPRIATION FOR WAILUA EMERGENCY BYPASS ROAD REPAIR AND RESURFACING, AND WAIMEA WASTEWATER TREATMENT PLANT UPGRADES FOR THE COUNTY OF KAUA‘I.General Obligation Bonds; Kaua‘i Capital Improvement ProjectsAppropriates $ in general obligation bonds to the county of Kaua‘i for improvements to the Wailua emergency bypass road and the Waimea wastewater treatment plant. (HB2381 HD1)
We may actually get to use the old cane road from Wailua to Hanama`ulu now although all this does is loan us the money to fix it up.
HB444 HD1 RELATING TO CIVIL UNIONS.Civil UnionsExtends the same rights, benefits, protections, and responsibilities of spouses in a marriage to partners in a civil union. (HB444 HD1)
At least it passed the House so is still alive even though the apparently the gutless wonders in the Senate refused to pull it out of committee.
HB861 HD1 RELATING TO ELECTIONS.Office of Elections; ProcurementExempts the office of elections from procurement code requirements relating to cost or pricing data. Effective 07/01/2020. (HB861 HD1)
Watch out for this one- this is the issue people are suing over in Maui and this actually appears to legitimize an illegitimate process.
HB991 HD2 RELATING TO THE UNIVERSITY OF HAWAII.UH; Loan RepaymentsEstablishes the Hawaii Medical Doctor Loan Repayment Program for University of Hawaii medical school graduates and medical school graduates with training from Hawaii based medical program working in rural areas of the state. (HB991 HD2)
This, not tort reform, is what is really needed to get attract more doctors on Kaua`i neighbor islands and rural O`ahu . It has failed in past sessions.
HB1008 HD1 RELATING TO LAND USE.Land Use; Agricultural Land; SubdivisionProtects and promotes the proper use of Hawaii's best agricultural lands by requiring conditions of approval for subdivisions of agricultural land into smaller lots and farm dwellings, thereby ensuring meaningful agricultural use. (HB1008 HD1)
The amazing part is that they don’t have to do this now.
HB1148 HD1 RELATING TO PUBLIC AGENCY MEETINGS.Sunshine Law; Meeting; Notice; State Calendar; Lieutenant GovernorWith respect to notice requirements for a public agency hearing, requires state boards to electronically file meeting notices on the state calendar rather than in the Lt. Governor's office. (HB1148 HD1)
Finally all agendas for meetings of all boards and commissions will all be available on line if this passes the senate- the Lt. Governor notification requirement has been a joke- an artifact of pre-information age legislation.
HB1212 HD1 RELATING TO INFORMATION PRACTICES.Public Documents; PrivacyDeletes the exception of a record of complaints with respect to government information relating to an individual's fitness for a license, when balancing an unwarranted invasion of a person's privacy against the public disclosure of the record. Effective January 1, 2046. (HB1212 HD1)
Maybe now we’ll actually be able to see complaints- now they go into as black hole making them useless to the general public.
HB1226 HD1 RELATING TO GENETICALLY MODIFIED PLANT ORGANISMS.Genetically Modified Organisms; Preemption; ExceptionsProhibits state administrative regulatory actions and county regulatory actions from banning or otherwise regulating activities related to genetically modified plant organisms, with certain exceptions (HB1226 HD1)
This is the worst bill in the legislature that would ban counties and even the state from regulating GMOs except for the current taro bill on the Big Island.
HB1271 HD3 RELATING TO GOVERNMENT.Food and Energy Security Program Establishment; Ethanol Content RepealEstablishes the Hawaii economic development task force to address Hawaii's energy and food security needs. Increases the tax collected on each barrel of petroleum product sold by a distributor. Allocates portions of the taxes collected to various funds, including the general fund. Suspends for 36 months the requirement that gasoline sold in the State for use in motor vehicles contain 10% ethanol by volume. (HB1271 HD3)
Some good stuff here although another tasks force may be too little too late. The tax on petroleum products to support it is good and the ethanol in gas bill that would be suspended is and always was a bad joke.
HB1273 HD1 RELATING TO ENERGY.Solar Energy; ClotheslinesAllows the use of clotheslines on any privately owned single-family residential dwelling or townhouse. (HD1)
We thought this no-brainer measure introduced by Senator Hooser passed last year but apparently not- there is a senate version that passed too (see below).
HB1422 HD1 RELATING TO ABANDONED VEHICLES.Abandoned Vehicles; Private Roads; CountiesAllows counties to remove abandoned motor vehicles from private roads; requires owners of private roads to request removal in writing before vehicle is considered abandoned; requires private road owner to pay for removal and indemnify county for claims arising from removal and disposal. (HB1422 HD1)
Can’t hurt- the county always refuses to do it now and we have a lot of “private” roads that the county won’t “accept” because they were made too narrow long ago and can’t be widened easily.
HB1436 HD1 RELATING TO AGRICULTURE.Agricultural District; Permitted UsesAmends the permitted uses of land within the agricultural district with soil classifications of A or B to include educational facilities and agricultural appurtenances. (HB1436 HD1)
We’re not quite sure what “appurtenances” are but watch out for this one- it sets up commercial uses on prime ag lands and knowing the vacation rental lobby could enable them on ag land.
HB1495 HD1 RELATING TO STATE INCOME TAX.Hawaii State Income Tax; Repeal Wagering Loss DeductionRepeals the deduction of wagering losses for Hawaii state income tax purposes. (HB1495 HD1)
Another “and this is now legal???” bill
HB1611 HD2 RELATING TO LABELING OF MEAT AND FISH PRODUCTS.Fish; Meat; LabelingRequires gas-treated meat and fish to be labeled as such. (HB1611 HD2)
This would make sure you know that the bright red beautiful ahi and other fish in the supermarket is red because it’s fresh, not because it was gassed with all sorts of crap so it looks that way forever. There is a senate version (below). Quite remarkable in this “don’t ask don’t tell” era of food labeling
HB1663 HD1 RELATING TO TARO SECURITY.Genetically Modified Taro; ProhibitionProhibits the development, testing, propagation, release, importation, planting, or growing of genetically modified Hawaiian taro in the state. Prohibits certain activities related to genetically modified non-Hawaiian taro. (HB1663 HD1)
This is the bad version of the GMO taro ban that only pertains to Hawaiian taro, not other varieties. Apparently the senate version (see below) pertains to all varieties.
HB1763 HD2 RELATING TO THE HAWAII TOURISM AUTHORITY.HTA Repeal; Department of Tourism EstablishmentRepeals the Hawaii Tourism Authority. Establishes the Department of Tourism. Transfers the Convention Center Enterprise Special Fund, Tourism Special Fund, and Tourism Emergency Trust Fund to the Department of Tourism. Renames the Department of Business, Economic Development, and Tourism to the Department of Business and Economic Development. (HB1763 HD2)
The HTA is and always was a joke but then again is using our tax money to promote tourism. Seem the right wing nut pols are all for free enterprise and market self-reliance except when it comes to throwing money at they big campaign contributors
SB93 SD1 RELATING TO CAMPAIGN FINANCING.Campaign Contributions; Preliminary ReportsEstablishes a grace period during which a candidate or candidate's committee may return or refund contributions. Changes 20% contributions cap to an unspecified amount. Effective 7/1/2050. (SD1)
Speaking of Incumbency Preservation Acts, here’s another courtesy of Senator Hamabusa. This would allow pols to use illegal contributions as a slush fund loan until long(er) after they’ve been re-elected when they can collect more money as re-elected incumbents.
SB133 SD2 RELATING TO UTILITIES.Utilities; Lifeline Electricity Rates; PUCRequires the public utilities commission to implement a program to achieve lifeline electricity rates for qualified residential electricity customers. (SD2)
For the working poor this would be a god send to keep the lights on- something really needed on Kaua`i with out highest in the world rates... which are scheduled to increase soon.
SB153 SD1 RELATING TO PUBLIC ACCESS.Public AccessRequires state and county agencies to ensure that a public right-of-way is available prior to the approval of any development project, subdivision, or zoning change. (SD1)
Even though the county has a provision like this (although some are still under the impression we don’t) they don’t always enforce it. Maybe another law at the state level will help.. yeah, right.
SB350 SD1 RELATING TO USE OF FORCE.Self-Defense; Deadly Force; Duty to RetreatPermits the use of deadly force by the resident of a dwelling against a person not lawfully in the dwelling who uses force against the resident. Expands the exemption from the duty to retreat from the home and workplace to any place where the actor may lawfully be present. Effective July 1, 2050. (SD1)
We’ve all heard the story on Kaua`i about how the cops used to tell people if you shoot someone in your yard you’d better drag him into your house if you don’t want to go to jail. Now you won’t have to.
SB468 SD1 RELATING TO COASTAL ZONE MANAGEMENT.Shoreline SetbackRequires affected agencies to account for sea level rise and minimize risks from coastal hazards such as erosion, storm inundation, hurricanes, and tsunamis. Preserves public access and public shoreline access. Extends shoreline setback to not less than forty feet from shoreline and requires counties to account for annual erosion rates. (SD1)
Sounds good. Any help we can get in prodding the council to pass a decent setback law can’t hurt.
SB474 SD1 PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 6, OF THE HAWAII CONSTITUTION, TO CLARIFY THE GUBERNATORIAL APPOINTMENT PROCESS.Department Heads; Boards and Commissions; AppointmentsAmends article V, section 6, of the state constitution to clarify the appointment process for department heads and members of boards and commissions by requiring the Governor to nominate successors within the time limits required by law. (SD1)
This would codify the recent supreme court ruling although it’s unclear how long they’ll hold their breath and turn blue if the gov doesn’t do it.
SB635 SD1 RELATING TO STATE PARKS.Office of Hawaiian Affairs; State Parks; Kahana ValleyTransfers jurisdiction and management of Kahana valley from the department of land and natural resources, parks division, to the office of Hawaiian affairs. (SD1)
Bad DLNR- no jurisdiction for you after trying to kick the Kahana family out of Kahana valley.
SB643 SD2 RELATING TO PUBLIC LANDS.DLNR; DHHL; Transfer of Management; Kahana Valley State ParkTransfers management of Kahana valley state park from the department of land and natural resources to the department of Hawaiian home lands. (SD2)
Or management if that’s not covered under jurisdiction.
SB638 SD2 RELATING TO PUBLIC LANDS.Kahana Valley State Park; Eviction MoratoriumEstablishes a two year moratorium on evictions of residents from Kahana valley state park; establishes the planning council to create and implement a living park master plan for Kahana valley state park. (SD2)
And don’t try to evict them before the jurisdiction transfers- we’ve seen Laura Thielen’s handiwork.
SB639 SD1 RELATING TO PUBLIC LANDS.State Parks; Residential Leases; Planning CouncilAuthorizes the department of land and natural resources to issue residential leases in state parks; establishes a planning council to monitor compliance with the leases. (SD1)
This would takes away DLNR’s excuse for not renewing the Koke`e leases.
SB646 SD1 RELATING TO PUBLIC ACCOUNTABILITY.Public Accountability; Executive Decisions; TransparencyAmends the governor's power to unilaterally limit appropriations that were previously approved by the legislature to require the governor to explain in writing any decisions to reduce, withhold, or otherwise limit appropriations approved by the legislature. (SD1)
Another “or we’ll hold our breath until we turn blue” measure. How putting it in writing will help is anyone’s guess but it would take a constitutional amendment to take away this uniquely Hawai`i method of funding distribution where the governor gets two bites of the apple the second to which there is no check or balance.
SB654 RELATING TO VOTING.Voter Registration; Election Day RegistrationAllows election-day voter registration.
It’s about time- lots of other states have same day registration why can’t we. Oh, yeah-we forget about that Incumbency Preservation Act.
SB667 SD2 RELATING TO WHISTLEBLOWERS' PROTECTION.Employment Practices; Whistleblowers' Protection Provides additional protection to public employees who report violations of the law, and other improper activities such as waste, gross misconduct, incompetence, or inefficiency. Expands the DLNR's responsibilities regarding whistleblowers. (SD2)
Anything that helps encourage county employees to expose the every day corruption they encounter will help.
SB709 SD2 RELATING TO AGRICULTURE.Genetically Engineered Organisms; TaroProhibits the development, testing, propagation, release, importation, planting, or growing of genetically engineered taro in the State of Hawaii. Effective 7/1/50. (SD2)
This is the good one- it seemingly refers to all taro not just the Hawaiian variety.
SB786 SD1 RELATING TO HISTORIC PLACES.Historic Places; Trespass; Property DamageMakes the entering or remaining unlawfully on property listed in the Hawaii register of historic places after warning or request to leave, an offense of criminal trespass in the first degree. Makes the intentional or knowing damage to property on the Hawaii register of historic places an offense of criminal property damage in the first degree. (SD1)
This is to keep Hawaiian sovereignty groups off `Iolani Palace grounds- another nail in the genocide coffin.
SB906 RELATING TO PUBLIC MEETINGS.Sunshine Law; Testimony; Quorum; MeetingsExpands ability of a board or commission to facilitate public meetings through available interactive conferencing technology.
Any sunshine law amendment sends up a red flag. But actually this is a good bill- it would allow councilmembers, for instance, who are away on county junkets to attend and officially participate in meetings via teleconference so they don’t have the “I wasn’t there” excuse and bills don’t spend forever in committee waiting for all the members to be there.
SB1058 SD2 RELATING TO CONTROLLED SUBSTANCES.Controlled Substances; Diversion; TreatmentDirects the attorney general to coordinate a review of the impact of diverting marijuana and low-level felony drug offenders out of the criminal justice system into treatment. (SD2)
This unfortunately seems to be the only bill from the cannabis reform package to survive. Not that we think the Attorney General is at all competent to do a fair job.
SB1083 SD1 RELATING TO BURIAL SITES.Burial SitesIncludes additional native Hawaiian organizations for the DLNR to consult with to determine whether a burial site should be preserved in place or relocated and to develop a list of candidates for the burial councils. (SD1)
It’s not the bill that’s really needed because it doesn’t empower the burial councils as everyone, including Judge Wantanbe seems to want. But it can’t hurt to have more groups to participate in the “advisory” process.
SB1085 SD2 RELATING TO CEDED LANDS.Ceded Lands; Public Land Trust; ManagementProhibits the sale or transfer of ceded lands until the unrelinquished claims of the native Hawaiian people are resolved, reconciliation between the State and the native Hawaiian people is no longer supported, or until December 31, 2014, whichever occurs first; establishes a process for the sale or transfer of ceded lands, to be implemented only when one of the foregoing conditions occurs. Effective 7/1/50. (SD2)
Great bill- exactly what’s needed to overturn any US Supreme Court ruling...except for that little detail of a “defective effective date” of 2050.
SB1088 SD2 RELATING TO PUBLIC ACCESS.Public Property; Beach and Shoreline AccessAmends definition of obstruction for access to public property. Creates a private right of action for a person to enforce the prohibition of obstruction. (SD2)
Wow- allowing private action to enforce obstruction of public access. This sounds too good to actually pass.
SB1122 SD2 RELATING TO PUBLIC EMPLOYMENT.Public Employment; Exempt Civil ServiceAmends various sections of the HRS to comply with Act 253, Session Laws of Hawaii 2000, which places restrictions on the creation of civil service exempt positions and requires an annual review of exempt positions to determine whether they should be converted to civil service positions. (SD2)
Less civil service exemptions equals less opportunity for Kaua`i style patronage system corruption
SB1215 PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION RELATED TO RESIDENCE REQUIREMENTS FOR MEMBERS OF THE LEGISLATURE.Elections; Candidates; Residency RequirementsAmends the state constitution to require candidates for the state senate or house of representatives to be a resident of the legislative district from which the person is a candidate for not less than twelve consecutive months prior to the general election.
Another Incumbent Preservation Act- at least we get to vote it down in November although a lot of knee jerk ditto heads will probably vote for it.
SB1265 SD1 RELATING TO LABELING OF MEAT AND FISH PRODUCTS.Fish; Meat; LabelingRequires truthful labeling of meat and fish that has been gas‑treated. (SD1)
The companion to the house “red ahi” gassing bill cited above.
SB1318 SD1 RELATING TO PLANNING AND ECONOMIC DEVELOPMENT.Coastal Zone Management; State Planning; RepealRepeals the chapters relating to coastal zone management and state planning, and transfers the authority and functions of the office of planning to DBEDT. (SD1)
Check that- THIS is the worst bill of the year- it would repeal Sect 205(A) and with it the shoreline management area rules.
SB1338 SD2 RELATING TO HOUSEHOLD ENERGY DEMAND.Solar Energy, Clotheslines, Household Energy DemandAllows for the use of clotheslines at any privately owned single-family residential dwelling or townhouse. Allows reasonable restrictions on the use of clotheslines for aesthetic purposes. (SD2)
Companion to the house bill cited above that we thought passed last year.
SB1621 SD2 RELATING TO COLLECTIVE BARGAINING.Collective BargainingProvides a union representation privilege to protect the functions of the union as an exclusive bargaining representative to allow the union to perform its role in negotiations and contract enforcement; allows certification of union representatives through a card-check authorization; requires collective bargaining to begin upon union certification; sets certain deadlines for initial collective bargaining agreement procedures and conciliation of disputes; sets civil penalty for unfair labor practices; extends certain authorities to labor organizations representing employees for collective bargaining; allows labor disputes to be defenses against prosecution for certain violations of law. (SD2)
This is the good “card check” bill allowing unions to form with enough signatures. Now it’s up to the house.
SB1645 SD1 RELATING TO STATE BUILDING CODE.State Building Code; BambooDirects the state building code council to review studies and structural tests of bamboo as a construction material, and to recommend standards and criteria for the use of bamboo as an accepted construction material. (SD1)
Bamboo is the natural strongest building material in the world and is legally used almost everywhere- except Hawai`i. People have been trying to get this passed for years- maybe this is the one. but don’t count on it with the lumber lobby desperate to keep their tree murdering business alive.
SB1661 SD1 RELATING TO PUBLIC AGENCY MEETINGS.Public Agency Meetings; Board MembersClarifies permissible attendance and procedures for board members to attend meetings of other boards, departments, agencies, and hearings of the legislature. Effective 7/1/2050. (SD1)
This again is a Sunshine law revision but a good one. It clarifies that members of councils for instance can attend other meetings as long they don’t participate and report it. It will again take away a common excuse to try to change the law in a more fundamental manner as the councils want to do.
SB1675 SD2 RELATING TO RENEWABLE ENERGY.Net Energy Metering; Renewable Energy; Electricity; Public Utilities CommissionPermits existing net metered customers to remain with net metering program once alternative credits or compensation mechanisms are created. Prohibits electric utility from unreasonably denying, burdening, or delaying net energy metering contracts. (SD2)
The utilities- KIUC included- have been intent on throwing up obstacles to individuals generating and selling excess alternative electricity back to the company. This seems to tell them to cut the crap. Thank you Mina.
SB1677 SD1 RELATING TO LANDS CONTROLLED BY THE STATE.Ceded Lands; Public Lands; SaleRequires two-thirds majority vote of the legislature to adopt a concurrent resolution to sell or exchange certain public lands. (SD1)
Oh you bad governor, trying to sell the Hawaiian’s land. Only WE can do that.
Friday, November 7, 2008
DOWN IN THE DARK MY BONE MILL ROLLS
DOWN IN THE DARK MY BONE MILL ROLLS: From yesterday’s Kaua`i Burial Council meeting comes news via the local newspaper that ding-dong the wicked witch has resigned the chair because “life’s too short to put up with some of the things we put up with at the burial council.”
An odd choice of words indeed from Mark “Ainokea” Hubbard, the post around which the current revolving door of cronyism in Kaua`i government revolves, as we’ve detailed.
He has given up his post saying
“I was willing to run the meetings, but it’s not good to have a haole as the chair. You need to have a Hawaiian, a kupuna, to command some respect,” Hubbard said. “People were looking at council with disrespect just because I was the chair.”
Gee, ya think?
The fact is disrespect for Hubbard goes a lot deeper than his ethnicity- a contempt he has earned though his disrespectful actions toward the Kanaka community as well as the community at large.
The veep at Grove Farm- the old land-robbing plantation outfit that has been a prime actor in the genocide of the Hawaiian people for a century- still sits at the head of the Kaua`i (Lack of any Discernable) Ethics Board where he has refused to enforce the ethics law.
He actually tried to change the charter to allow him and his cronies to openly abuse their positions on the various board commissions and the county council this year.
But the defeat of the measure guarantees... well probably nothing.
Hubbard and his gang of disingenuous dullards are so bored of ethics that they have feigned ignorance- and of course have refused to release a county attorney’s opinion- as to what the law means when it says members of boards and commissions can’t represent private interests before other boards, commissions and administrative agencies
Despite Hubbard’s contention that the law is “too broad” and would cause those who serve to not be able to get a drivers’ license he schizophrenically admitted that the clause actually did do something by proposing an amendment to remove the clause from the charter that forbids conflicts.
The board actually cleared another good old boy, attorney Jonathan Chun- the chair of the Charter Commission that approved the proposed charter change- of ethics charges for extensively representing the Board of Realtors before the county council on the vacation rental bill earlier this year.
But despite the re-iteration of the law by the populace don’t expect Hubbard to change his ways should any complaint be filed when Chun appears before the Planning Commission at next week’s meeting representing another client
The Burial Council meeting itself was apparently an affair to remember in Hubbard’s absence, according to reporter Joan Conrow who described some real shenanigans in the infamous “capping” of the Naue kupuna iwi.
Apparently Mike Dega, the head of the contracted “archeological field crew”- i.e. construction workers- took it upon themselves to put a concrete slab over the ancestral bones, saying neither he nor state Archeologist Nancy McMahon approved the measure.
The real news- perhaps the only good thing in all of this- is that the cap, which from previous descriptions of the process we concluded actually encased the bones, was rather what was described as something similar to a “sewer cover” three feet above the bones which could be removed without disturbing the actual iwi.
But the unbelievable insensitivity in the description of the “caps” aside it remains to be seen if the Planning Commission will withdraw the permits because apparently Burial Council “approval” is one of the conditions for the “house” that developer Joe Brescia is trying to build on top of the cemetery.
One thing that seems to stick out like a skeletal hand reaching out from the ground is that the Planning Commission condition gives actual power to the Burial Council while the state- which created the body- treats them as advisory.
There doesn’t seem to be any law or rule against a county agency giving a state advisory council actual power for county purposes. But, according to the newspaper article Planning Commission Chair Steve Weinstein “(e)ven a violation would not guarantee revocation, as other mitigation measures can be considered.”
Translation? “We’ll probably do what we do whenever someone does something illegal- we’ll allow them to do it anyway if it’s in our power to do so- and sometimes even if it’s not.”
Another question is, based on our analysis yesterday of the new General Plan enforcement charter provision, one the planning department hasn’t dealt with at all- is Brescia’s “house” a “tourist accommodation” that would fall under the new law taking the power of approval away from the Planning Department?
If so, the processing of anything having to do with it should cease immediately if it is to comply with the law.
Although Brescia claims it is merely a huge single family residence Brescia’s other “houses” in the area have been serving as vacation rentals for years.
of course that presumes that anyone in Kaua`i county government even cares whether their activities meet legal requirements and standards..
As our friend Ace commented yesterday
Andy, Andy, Andy. You are ignoring the zeal with which the Planning Commission and the County Council tend to overlook such pesky things as laws, ordinances and charter amendments. One should not be surprised to see these folks do whatever they want and wait to be called on it. To which they will predictably respond, "So sue me".
Just more porridge to fill the Minotaur’s bowl.
An odd choice of words indeed from Mark “Ainokea” Hubbard, the post around which the current revolving door of cronyism in Kaua`i government revolves, as we’ve detailed.
He has given up his post saying
“I was willing to run the meetings, but it’s not good to have a haole as the chair. You need to have a Hawaiian, a kupuna, to command some respect,” Hubbard said. “People were looking at council with disrespect just because I was the chair.”
Gee, ya think?
The fact is disrespect for Hubbard goes a lot deeper than his ethnicity- a contempt he has earned though his disrespectful actions toward the Kanaka community as well as the community at large.
The veep at Grove Farm- the old land-robbing plantation outfit that has been a prime actor in the genocide of the Hawaiian people for a century- still sits at the head of the Kaua`i (Lack of any Discernable) Ethics Board where he has refused to enforce the ethics law.
He actually tried to change the charter to allow him and his cronies to openly abuse their positions on the various board commissions and the county council this year.
But the defeat of the measure guarantees... well probably nothing.
Hubbard and his gang of disingenuous dullards are so bored of ethics that they have feigned ignorance- and of course have refused to release a county attorney’s opinion- as to what the law means when it says members of boards and commissions can’t represent private interests before other boards, commissions and administrative agencies
Despite Hubbard’s contention that the law is “too broad” and would cause those who serve to not be able to get a drivers’ license he schizophrenically admitted that the clause actually did do something by proposing an amendment to remove the clause from the charter that forbids conflicts.
The board actually cleared another good old boy, attorney Jonathan Chun- the chair of the Charter Commission that approved the proposed charter change- of ethics charges for extensively representing the Board of Realtors before the county council on the vacation rental bill earlier this year.
But despite the re-iteration of the law by the populace don’t expect Hubbard to change his ways should any complaint be filed when Chun appears before the Planning Commission at next week’s meeting representing another client
The Burial Council meeting itself was apparently an affair to remember in Hubbard’s absence, according to reporter Joan Conrow who described some real shenanigans in the infamous “capping” of the Naue kupuna iwi.
Apparently Mike Dega, the head of the contracted “archeological field crew”- i.e. construction workers- took it upon themselves to put a concrete slab over the ancestral bones, saying neither he nor state Archeologist Nancy McMahon approved the measure.
The real news- perhaps the only good thing in all of this- is that the cap, which from previous descriptions of the process we concluded actually encased the bones, was rather what was described as something similar to a “sewer cover” three feet above the bones which could be removed without disturbing the actual iwi.
But the unbelievable insensitivity in the description of the “caps” aside it remains to be seen if the Planning Commission will withdraw the permits because apparently Burial Council “approval” is one of the conditions for the “house” that developer Joe Brescia is trying to build on top of the cemetery.
One thing that seems to stick out like a skeletal hand reaching out from the ground is that the Planning Commission condition gives actual power to the Burial Council while the state- which created the body- treats them as advisory.
There doesn’t seem to be any law or rule against a county agency giving a state advisory council actual power for county purposes. But, according to the newspaper article Planning Commission Chair Steve Weinstein “(e)ven a violation would not guarantee revocation, as other mitigation measures can be considered.”
Translation? “We’ll probably do what we do whenever someone does something illegal- we’ll allow them to do it anyway if it’s in our power to do so- and sometimes even if it’s not.”
Another question is, based on our analysis yesterday of the new General Plan enforcement charter provision, one the planning department hasn’t dealt with at all- is Brescia’s “house” a “tourist accommodation” that would fall under the new law taking the power of approval away from the Planning Department?
If so, the processing of anything having to do with it should cease immediately if it is to comply with the law.
Although Brescia claims it is merely a huge single family residence Brescia’s other “houses” in the area have been serving as vacation rentals for years.
of course that presumes that anyone in Kaua`i county government even cares whether their activities meet legal requirements and standards..
As our friend Ace commented yesterday
Andy, Andy, Andy. You are ignoring the zeal with which the Planning Commission and the County Council tend to overlook such pesky things as laws, ordinances and charter amendments. One should not be surprised to see these folks do whatever they want and wait to be called on it. To which they will predictably respond, "So sue me".
Just more porridge to fill the Minotaur’s bowl.
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