Representative Jessica Wooley crafted the following "School gardens" legislation, House Bill 198:
‘S302A- School gardens. (a) All schools are authorized to grow food in school gardens for consumption in their school meals programs; provided that food products used in
a school meals program shall be inspected and certified as safe by the department of agriculture.
Testimony in favor came from the Environmental Caucus of the Democratic Party of Hawaii as well as the Kokua Foundation, and the National Heart Association. The main objections came from local farmers who cited the food safety certification process as not being articulated clearly enough in the language. DOE Superintendent Kathryn Matayoshi also submitted testimony that the schools would not be allowed to use produce harvested in school gardens as part of the National School Lunch Program unless the Department of Agriculture certified it. Apparently they can, however, eat the lunch as part of a snack or other program so long as it's not part of lunch.
Ultimately this bill was combined with House Bill 1380, Relating to Hawai'i Grown Produce, but there was no authorization. Instead this bill calls for a task force to:
"Examine the feasibility of establishing school gardens, to grow food for consumption as part of each school's lunch program, specifically looking at food safety certification issues;" The task force will submit its findings prior to the 2012 session when it will be taken up again. (It would be great to get Eliza Lathrop on that task force.)
So it looks like liability concerns are slowing this idea down, but progress was made and there is a chance to fight for it another day.
Showing posts with label Hawai'i State Legislature 2011. Show all posts
Showing posts with label Hawai'i State Legislature 2011. Show all posts
Thursday, March 24, 2011
Thursday, March 10, 2011
Native Hawaiian Government Reorganization Act
I've been working with Rep. Jessica Wooley on HB 1627 the state version of the Akaka Bill which seeks to "provide a process for the reorganization of a first nation government by Native Hawaiians and its subsequent recognition by the State of Hawai'i."
The arguments for such a measure are the same as for the Akaka Bill on the federal level: the Hawaiian monarchy was illegally overthrown, the United States issued a formal Apology Resolution acknowledging that violation of international law, native Americans and Alaskans have that type of relationship already.
The arguments against, based on the testimony submitted, is much more extensive and is summarized as follows:
• Violates constitution of Kingdom of Hawaii
Richard Kinney, Free Hawaii: “Queen Liliuokalani was the Constitutional Soveriegn of all her subjects of the Hawaiian Kingdom. Not only those of the Indigenous Native people of her Kingdom.”
Ken Conklin: “…violates the first sentence of the first Constitution of the Kingdom of Hawaii (1840)… the kokokahi (one blood) sentence: God has made of one blood all rces of people to dwell upon the Earth in unity and blessedness.”
KeAloha Aiu: “The Hawaiian Kingdom was a fully operational, fully recognized, progressive, sovereign, independent, neutral nation. Its body politic consisted of people from many different ethnicities and races, not just ‘native’ Hawaiians.’”
William Burgess: “…there has never been in Hawaii, even during the years of the Kingdom, any ‘tribe’ or government of any kind for Native Hawaiians separate from the government of the rest of Hawaii’s citizens.”
Joseph Heaukulani: “In regard to self-determination, this bill seems to have forgotten those subjects of the Hawaiian Kingdom who were not of ‘aboriginal, indigenous, native descent,’ but were instead naturalized alien foreigners that were thereafter considered to be native and who also lost their natural to self-determination with the overthrow of the Hawaiian Kingdom on January 17, 1893.”
Dennis Ragsdale, Kingdom of Hawai’i: “Neither the written Constitution for the Kingdom of Hawai’i or its statutory laws made any reference to aboriginal status, right or privileges of anyone. The Constitution and statutory laws of the Kingdom of Hawai’i did make provisions for citizens and aliens, and their respective rights within and under the representative government.”
• Violates U.S. Constitution
Ken Conklin: “The clear purpose of the bill is to authorize the creation of an entity with governmental powers, but restricted to people who have at least one drop of Hawaiian native blood. That racist concept is unconstitutional under the 14th amendment of the U.S. Constitution.
William Burgess: “Congress…does not have the power to create a tribe arbitrarily (U.S. vs. Sandoval)
Charles Zahn: ..restricted to people who have at least one drop of Hawaiian blood…is unconstitutional under the 14th amendment of the U.S. Constitution.”
Garry P. Smith: “How can the state recognize native Hawaiians as a tribe when they are not and never have been a tribe?”
Kealii Makekau: “Creation of a Nation or Tribe is not authorized in the Constitution.”
• Disenfranchises Hawaiians
Sue Haglund: “HB 1627 does not establish a proper representation of native Hawaiian voice… in creating a ‘commission’ appointed by a governor, and the required criteria in defining ‘qualified Native Hawaiian constituent’ yet fails to establish a required criteria of a commission nine-member appointees.”
Raymond Heaukulani: “…sounds as if the governor can appoint anyone s/he wills regardless of whether they should be qualified to decide who is Hawaiian and who is not…”
David M.K. Inciong, II: “To usurp the Hawaiian Kingdom by creating a tribal governing entity to replace it, is repugnant to the international laws, U.S. Constitutional laws, Hawaiian Kingdom laws and moral rights of its citizens…We Hawaii patriots do not subscribe to the racist WASP Manifest Destiny doctrines that this bill supports. (?)”
• Does not recognize the illegality of annexation
Koani Foundation: “HB 1627 does not address the real issue of the theft of the Hawaiian nation and the injuries that stem from that… joint resolution, (not an official treaty, therefore, no lands were ceded) title to the lands of the Hawaiian Islands, to this day, still reside with the lawful Hawaiian Kingdom government and its people.”
Leon Siu, Free Hawaii: “There was no ‘treaty of annexation.’…the Hawaiian Kingdom still exists…”
• Clarification of “native Hawaiians”
Cheryl Lovell-Obatake: “I am a Kuleana land owner. I request clarification on the definition of native Hawaiians.”
• Unnecessary bureaucracy
KT Yungeirott: “Just creating another department. Hawaii cannot afford this.”
I used to think that it made sense for Hawaiians to have the same government to government relationship with the US that native Americans and Alaskans enjoy. But after reading over the bill and the testimony I'm having a hard time reconciling the fact that the government being proposed never actually existed in the history of Hawai'i. None of the constitutions of the Kingdom of Hawai'i required a person to have "aboriginal" blood so I find it hard to conceive of how this bill restores something based on that unprecedented premise. If it remains "race-based" then it's also easy to see how this proposal violates the 14th amendment of the US Constitution, and therefore won't stand up if brought to trial as it most certainly will by Bill Burgess, Ken Conklin et. al.
The arguments for such a measure are the same as for the Akaka Bill on the federal level: the Hawaiian monarchy was illegally overthrown, the United States issued a formal Apology Resolution acknowledging that violation of international law, native Americans and Alaskans have that type of relationship already.
The arguments against, based on the testimony submitted, is much more extensive and is summarized as follows:
• Violates constitution of Kingdom of Hawaii
Richard Kinney, Free Hawaii: “Queen Liliuokalani was the Constitutional Soveriegn of all her subjects of the Hawaiian Kingdom. Not only those of the Indigenous Native people of her Kingdom.”
Ken Conklin: “…violates the first sentence of the first Constitution of the Kingdom of Hawaii (1840)… the kokokahi (one blood) sentence: God has made of one blood all rces of people to dwell upon the Earth in unity and blessedness.”
KeAloha Aiu: “The Hawaiian Kingdom was a fully operational, fully recognized, progressive, sovereign, independent, neutral nation. Its body politic consisted of people from many different ethnicities and races, not just ‘native’ Hawaiians.’”
William Burgess: “…there has never been in Hawaii, even during the years of the Kingdom, any ‘tribe’ or government of any kind for Native Hawaiians separate from the government of the rest of Hawaii’s citizens.”
Joseph Heaukulani: “In regard to self-determination, this bill seems to have forgotten those subjects of the Hawaiian Kingdom who were not of ‘aboriginal, indigenous, native descent,’ but were instead naturalized alien foreigners that were thereafter considered to be native and who also lost their natural to self-determination with the overthrow of the Hawaiian Kingdom on January 17, 1893.”
Dennis Ragsdale, Kingdom of Hawai’i: “Neither the written Constitution for the Kingdom of Hawai’i or its statutory laws made any reference to aboriginal status, right or privileges of anyone. The Constitution and statutory laws of the Kingdom of Hawai’i did make provisions for citizens and aliens, and their respective rights within and under the representative government.”
• Violates U.S. Constitution
Ken Conklin: “The clear purpose of the bill is to authorize the creation of an entity with governmental powers, but restricted to people who have at least one drop of Hawaiian native blood. That racist concept is unconstitutional under the 14th amendment of the U.S. Constitution.
William Burgess: “Congress…does not have the power to create a tribe arbitrarily (U.S. vs. Sandoval)
Charles Zahn: ..restricted to people who have at least one drop of Hawaiian blood…is unconstitutional under the 14th amendment of the U.S. Constitution.”
Garry P. Smith: “How can the state recognize native Hawaiians as a tribe when they are not and never have been a tribe?”
Kealii Makekau: “Creation of a Nation or Tribe is not authorized in the Constitution.”
• Disenfranchises Hawaiians
Sue Haglund: “HB 1627 does not establish a proper representation of native Hawaiian voice… in creating a ‘commission’ appointed by a governor, and the required criteria in defining ‘qualified Native Hawaiian constituent’ yet fails to establish a required criteria of a commission nine-member appointees.”
Raymond Heaukulani: “…sounds as if the governor can appoint anyone s/he wills regardless of whether they should be qualified to decide who is Hawaiian and who is not…”
David M.K. Inciong, II: “To usurp the Hawaiian Kingdom by creating a tribal governing entity to replace it, is repugnant to the international laws, U.S. Constitutional laws, Hawaiian Kingdom laws and moral rights of its citizens…We Hawaii patriots do not subscribe to the racist WASP Manifest Destiny doctrines that this bill supports. (?)”
• Does not recognize the illegality of annexation
Koani Foundation: “HB 1627 does not address the real issue of the theft of the Hawaiian nation and the injuries that stem from that… joint resolution, (not an official treaty, therefore, no lands were ceded) title to the lands of the Hawaiian Islands, to this day, still reside with the lawful Hawaiian Kingdom government and its people.”
Leon Siu, Free Hawaii: “There was no ‘treaty of annexation.’…the Hawaiian Kingdom still exists…”
• Clarification of “native Hawaiians”
Cheryl Lovell-Obatake: “I am a Kuleana land owner. I request clarification on the definition of native Hawaiians.”
• Unnecessary bureaucracy
KT Yungeirott: “Just creating another department. Hawaii cannot afford this.”
I used to think that it made sense for Hawaiians to have the same government to government relationship with the US that native Americans and Alaskans enjoy. But after reading over the bill and the testimony I'm having a hard time reconciling the fact that the government being proposed never actually existed in the history of Hawai'i. None of the constitutions of the Kingdom of Hawai'i required a person to have "aboriginal" blood so I find it hard to conceive of how this bill restores something based on that unprecedented premise. If it remains "race-based" then it's also easy to see how this proposal violates the 14th amendment of the US Constitution, and therefore won't stand up if brought to trial as it most certainly will by Bill Burgess, Ken Conklin et. al.
Wednesday, January 19, 2011
Hawai'i State Legislature— Opening Day
House of Representatives
Representative Jessica Wooley, with whom I hope to work on some projects during the legislative session, hooked me up with a ticket for advanced seating to the open day ceremony. Good thing because the place was packed two to three deep at the top of the seating area. (Perhaps it was the prospect of seeing the Moanalua String Ensemble or Sean Na'auao, both of which were really awesome for the entertainment in between the proceedings.)
Amid the ill-fitting suits and gaudy lei, the who's who of Hawai'i's political scene showed up to witness the festivities. Some of the people I recognized were DJ Mailer, Kamehameha Schools; David Henkin, Earth Justice and Lt. Governor candidate in 2006; Chief Justice Mark Rechtenwald; Gov. Linda Lingle; former Rep. Charles Djou. (Djou and Lingle had a long conversation about who knows what. They're both out of a job so maybe they were asking if either one of them was planning on challenging Sen. Akaka in two years. I couldn't make out if either one of them said the word "Palin.")
After a chant by Kainoa Daines all the reps were introduced. I counted nineteen women and thirty-one men of the fifty (out of fifty-one) reps in attendance— not too bad for diversity. (I'll have to look up how that compares with other states.) Seventeen reps from the Neighbor Islands and thirty-three from O'ahu.
We then sang the national anthem and Hawai'i Pono'i and recited the Pledge of Allegiance. The pule by Kamaki Kanahele was a serious calling out of the Legislature and the gallery: "...our heavenly father, your house is in shambles.."; "that was the saddest Hawai'i Pono'i I have ever heard..." That's what they/we needed to hear. We'll see if it has any effect.
After the Chief Justice administered the oath of office, Governor Abercrombie, Lt. Governor Schatz and the entire Executive Branch made their way into the floor seats. Blake Oshiro then gave his opening remarks for the majority (big time forty-three out of fifty-one). After introducing the four new Democratic members he touched on three themes of being a legislator: 1) politician (such as when they're campaigning), 2) legislator (such as when they're doing their jobs of governing), and finally 3) statesman/woman (looking out for the best interests of the entire state and not just those of the particular constituents or supporters). Rep. Oshiro said the last one is the most important of the three (no surprise there). The main challenge the legislature faces this year is an $800 million dollar budget deficit (as compared to $2.1 billion in 2009 and $1.2 billion in 2010). We hope that we hit rock-bottom and now we're starting to claw our way back to recovery.
Rep. Oshiro pointed out some positive signs: tourism numbers and spending are up. But the main job to focus on is protecting jobs and that means construction needs to ramp up (sustainable? hmmm...). If the private sector cannot generate enough activity to put all those construction workers on a job, then the public sector must step in, so the rail project should be the type of stimulus that will lift us out of this recession for good. (That got gov. Abercombie out of his seat for rousing applause. I know what Panos would have to say about that— the road to serfdom.) He continued with the usual paeans to diversification (high tech? bio-tech? film? etc.) and then made a reference to the Arizona shootings to highlight the need for humility. He finally concluded by addressing "the elephant in the room", civil unions and called for an honest and open debate that "would be just, guided by truth and reason."
Gene Ward made the opening remarks for the eight-representative strong Republicans. "The people's house" will be a "marketplace of ideas" to rehabilitate the economy and seek better educational governance. The core values he espoused are: not to raise taxes, fiscal discipline, promoting local small businesses, open and accountable government, and educational excellence. He talked a lot about green jobs and thanked Gov. Linda Lingle for her leadership in enacting the Hawai'i Clean Energy Initiative. We must Think Big!
Overall I have to say that I walked away from the opening day ceremonies convinced once again that I live in a wonderful place with wonderful people with unique customs and a distinct way of life. The Canadian couple sitting next to me shared their thoughts with me about how different Hawai'i is from the "rest of the states" while still possessing all the good parts of the American system. I didn't need any more convincing but it was still nice to hear. Lucky we live Hawai'i Nei!
Representative Jessica Wooley, with whom I hope to work on some projects during the legislative session, hooked me up with a ticket for advanced seating to the open day ceremony. Good thing because the place was packed two to three deep at the top of the seating area. (Perhaps it was the prospect of seeing the Moanalua String Ensemble or Sean Na'auao, both of which were really awesome for the entertainment in between the proceedings.)
Amid the ill-fitting suits and gaudy lei, the who's who of Hawai'i's political scene showed up to witness the festivities. Some of the people I recognized were DJ Mailer, Kamehameha Schools; David Henkin, Earth Justice and Lt. Governor candidate in 2006; Chief Justice Mark Rechtenwald; Gov. Linda Lingle; former Rep. Charles Djou. (Djou and Lingle had a long conversation about who knows what. They're both out of a job so maybe they were asking if either one of them was planning on challenging Sen. Akaka in two years. I couldn't make out if either one of them said the word "Palin.")
After a chant by Kainoa Daines all the reps were introduced. I counted nineteen women and thirty-one men of the fifty (out of fifty-one) reps in attendance— not too bad for diversity. (I'll have to look up how that compares with other states.) Seventeen reps from the Neighbor Islands and thirty-three from O'ahu.
We then sang the national anthem and Hawai'i Pono'i and recited the Pledge of Allegiance. The pule by Kamaki Kanahele was a serious calling out of the Legislature and the gallery: "...our heavenly father, your house is in shambles.."; "that was the saddest Hawai'i Pono'i I have ever heard..." That's what they/we needed to hear. We'll see if it has any effect.
After the Chief Justice administered the oath of office, Governor Abercrombie, Lt. Governor Schatz and the entire Executive Branch made their way into the floor seats. Blake Oshiro then gave his opening remarks for the majority (big time forty-three out of fifty-one). After introducing the four new Democratic members he touched on three themes of being a legislator: 1) politician (such as when they're campaigning), 2) legislator (such as when they're doing their jobs of governing), and finally 3) statesman/woman (looking out for the best interests of the entire state and not just those of the particular constituents or supporters). Rep. Oshiro said the last one is the most important of the three (no surprise there). The main challenge the legislature faces this year is an $800 million dollar budget deficit (as compared to $2.1 billion in 2009 and $1.2 billion in 2010). We hope that we hit rock-bottom and now we're starting to claw our way back to recovery.
Rep. Oshiro pointed out some positive signs: tourism numbers and spending are up. But the main job to focus on is protecting jobs and that means construction needs to ramp up (sustainable? hmmm...). If the private sector cannot generate enough activity to put all those construction workers on a job, then the public sector must step in, so the rail project should be the type of stimulus that will lift us out of this recession for good. (That got gov. Abercombie out of his seat for rousing applause. I know what Panos would have to say about that— the road to serfdom.) He continued with the usual paeans to diversification (high tech? bio-tech? film? etc.) and then made a reference to the Arizona shootings to highlight the need for humility. He finally concluded by addressing "the elephant in the room", civil unions and called for an honest and open debate that "would be just, guided by truth and reason."
Gene Ward made the opening remarks for the eight-representative strong Republicans. "The people's house" will be a "marketplace of ideas" to rehabilitate the economy and seek better educational governance. The core values he espoused are: not to raise taxes, fiscal discipline, promoting local small businesses, open and accountable government, and educational excellence. He talked a lot about green jobs and thanked Gov. Linda Lingle for her leadership in enacting the Hawai'i Clean Energy Initiative. We must Think Big!
Overall I have to say that I walked away from the opening day ceremonies convinced once again that I live in a wonderful place with wonderful people with unique customs and a distinct way of life. The Canadian couple sitting next to me shared their thoughts with me about how different Hawai'i is from the "rest of the states" while still possessing all the good parts of the American system. I didn't need any more convincing but it was still nice to hear. Lucky we live Hawai'i Nei!
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