H.B. No. 3630
June 21 1994
A Bill for an Act Relating to Hawaiian Sovereignty.
Be It Enacted by the Legislature of the State of Hawaii:
SECTION 1. Findings.
The legislature through Act 359, Session Laws
of Hawaii 1993, recognized the unique status that the native Hawaiian people
bear to the State of Hawaii and to the United States. The Hawaiian sovereignty
advisory commission was established to seek counsel from the native Hawaiian
people on how to facilitate the efforts to be an indigenous sovereign nation
of their own choosing.
In November 1993, the United States Congress adopted joint resolution P. L. 103-150, which acknoledged and apologized for the illegal overthrow of the Kingdom of Hawaii, and urged reconciliation between the United States of America and the indigenous Hawaiian people.
SECTION 2. Purpose. In the spirit of self-determination and by this Act, the legislature supports the efforts of the indigenous people to:
(1) Create an independent entity to carry out purpose of this Act; and
(2) Provide for a fair and impartial process to determine the will of the indigenous people to restore a nation of their own choosing.
SECTION 3. Section 3 of the Act 359, Session Laws of Hawaii 1993, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Council" means the Hawaiian sovereignty elections council."
SECTION 4. Act 359, Session Laws of Hawaii 1993, is amended by adding a new section to read as follows:
"SECTION 4A. In carrying out the purpose of this Act, the council shall establish policies that do not discriminate on the basis of citizenship, place of residence, or civil status."
SECTION 5. Section 78-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any other provision of law to the contrary notwithstanding, no person shall be allowed to serve on more than one state board or commission expressly created by state statute or state constitution[.]; provided that this section shall not apply to the Hawaiian sovereignty elections council."
SECTION 6. Act 359, Session Laws of Hawaii 1993, is amended by amending section 2 to read as follows:
SECTION 2. Purpose. The purpose of this Act is to acknowledge and recognize the unique status that the native Hawaiian people bear to the State of Hawaii and to the United States and to facilitate the efforts of native Hawaiian people to determine their own will to be govern by an indigenous sovereign nation of their own choosing. In the spirit of self-detemination and by this Act, [the Legislature seeks counsel from native Hawaiian people on the process of :] a Hawaiian sovereignty elections council is established to:
(1) [Holding a referendum to determine
the will of the native Hawaiian people to call a democratically
convened convention for the purpose of achieving consensus on an organic
document that will propose the means for native Hawaiians to operate under
a government of their
own choosing;] Hold a plebisite in 1995, to determine the will of the
indigenous Hawaiian people to restore a nation of their own choosing; and
(2) [Providing for a mechanism to demorcratically convene a Hawaiian convention so that native Hawaiians may openly and freely discuss and decide the form and structure of that government; and
(3) Describing the process for the fair, impairial, and valid elections including referendum election.] Should the plebiscite be approved by a majority of qualified voters, provide for a fair and impartial process to resolve the issues relating to form, structure, status of a Hawaiian nation."
SECTION 7. Act 359, Session Laws of Hawaii 1993, is amended by amending section 4 to read as follows:
"SECTION 4. Hawaiian sovereignty [advisory commission.] elections council. (a) There is established within the [office of state planning] department of accounting and general services for administrative purposes the Hawaiian sovereignty [advisory commission,] elections council to [advise the legislature in carrying] carry out the purposes of this Act. The [commission] council shall consist of [nineteen] twenty members appointed by the governor without regard for section 78-4, Hawaii Revised Statutes. At least twelve of the [nineteen] twenty members shall be appointed from nominations submitted by Hawaiian orginizations. Among the twelve, the governor shall appoint one member so designated from each of the following orginations: Office of Hawaiian Affairs; Ka Lahui Hawaii; the State Council of Hawaiian Homestead Association; and the Association of Hawaiian Civic Clubs. The [commission] council shall consist of at least one member from each of the islands[, or island groups] of Kauai [or]; Niihau; Maui; Molokai [or]; Lanai; Oahu; [and] Hawaii[.]; and one member nonresident Hawaiians. Appointments shall be made before August 1, 1993, and shall not be subject to confirmation by senate. Any appointment not made by that date shall be filled by the [commission] council during its first meeting which shall be held before August 15, 1993. [Any member planning to be a delegate to the Hawaiian convention shall be recused from any decision-making relating to the apportionment of districts and delegates. No member who participated in any decision-making relating to apportionment shall be eligible to serve as a delegate to the Hawaiian convention.] After August 31, 1994, no member of this council shall be eligible to run in any special election under this Act. The members shall elect a chairperson and vice-chairperson. Any vacancy on the [commission] council after July 1, 1994, shall be filled by the governor [within fifteen days after being notified of a vacancy.] from a list nominees submitted by the council. If the governor fails to make an appointment within thirty days of receiving the list, the council shall make an appointment from the list of nominees. Members shall serve without compensation but shall be reimbursed for expenses, including travel and subsistence expenses, necessary for the performance of their duties. [Expenses shall be paid by the office of state planning.]
(b) The [commission] council shall
[advise the legislature on]:
(1) [Conducting special elections related to this Act:] Plan and conduct the plebiscite in 1995;
(2) [Apportion voting districts;] Carry out the responsibilties necessary for the conduct of elections and convening delegates;
(3) [Establish the eligibility of convention delegates;] Provide for an apportion plan;
(4) [Conducting education activities for Hawaiian voters, a voter registration drive, and research activities in preparation for the convention;] Establish the elegibility of convention delegates;
(5) [Establishing the size and composition of the covention delegation; and
(6) Establishing the dates for the special elections.] Conduct Hawaiian voter education and registration; and
(6) Establish task forces and committes necessary for the purpose of this Act.
(c) [The commission] For the purposes of funding, the council shall submit [a report of finding and recommendations] its plan for the election and convening of delegates to the legislature not less than twenty days prior to the convening of the regular session of [1994.] 1995."
SECTION 8. Act 359, Session Laws of Hawaii 1993, is amended by amending section 5 to read as follows:
SECTION 5. Task forces. (a) The
governor shall convene inter-agency task force, consisting of persons from
such public agencies as may be necessary, to support the needs of the [commission.]
(b) The [commission] council may establish a task force, otherwise known as the kupuna council, to provide advice and support as necessary [to the commission]. Members shall be appointed without regard for section 78-4, Hawaii Revised Statutes. Members of the kupuna council shall serve without compensation but shall be reimbursed for expenses, including travel and subsistence expenses, necessary for the performance of their duties."
SECTION 9. Section 3 of Act 359, Session Laws of Hawaii 1993, is amended by repealing the definition of "commission."
[""Commission" means the Hawaiian sovereign advisory commission."]
SECTION 10. Sections 6, 7, and 8 of Act 359, Session Laws of Hawaii 1993, are repealed.
[SECTION 6. Ballot question. The
legislature proposes the following ballot question:
"Shall a Hawaiian convention be convened to propose an organic document for the governance of a Hawaiian sovereign nation?"
The commission shall review and may suggest revisions to that question. Upon due consideration, the legislature shall determine the question to be submitted to qualified voters in the 1994 general election.
SECTION 7. Qualifications of voters and elections. The commission shall submit a plan to the 1994 legislature on the qualifications of voters and the conduct of special elections to implement the purpose of this Act, providing that the plans complies with general elections laws of the State.
SECTION 8. Hawaiian convention. The duly elected delegates to the convention shall convene in a manner and at the time recommended by the commission and enacted by the 1994 legislature."]
SECTION 11. The individuals who were duly appointed under Act 359, Session Laws of Hawaii 1993, and are serving as members of the Hawaiian sovereignty advisory commission on the effective date of this Act, shall serve as members of the Hawaiian sovereignty elections council under this Act.
SECTION 12. There is appropriated out of the general revenues of the State of Hawaii the sum of $900,000. or so thereof as may be necessary for the fiscal year 1994-1995, for the purposes of this Act; provided that no funds shall be made available under this Act unless the Office of Hawaiian Affairs provides a dollar for dollar match of funds which are derived solely from revenues generated under the authority of section 5(f) of the Admission Act.
SECTION 13. Nothing in this Act shall construed to require the State to expend or appropriate funds beyond those appropriated in this Act.
SECTION 14. Nothing arising out of the Hawaiian convention provided for in this Act, or any results of the ratifacation vote on proposals from the Hawaiian convention, shall be applied or interpreted to supersede, conflict, waive, alter, or affect the constitution, charters, statutes, laws, rules, reguations, or ordinances of the State of Hawaii or its political subdivisions, including its respective department, agencies, boards, and commissions.
SECTION 15. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end provisions of this Act are severable.
SECTION 16. Statutory material to be repealed is bracketed. New statutory material is underscored.
SECTION 17. This Act shall take effect on July 1, 1994, and shall be repealed on December 31, 1997.
(Approved June 2, 1994.)