Energy

• New, Undefined Sovereign Powers
• Immunity from lawsuits
• New Membership Criteria
• Lack of Definitions

Once Washington formally recognized the fledgling Native Hawaiian governing entity, that entity would have . . .

 “inherent power and authority to determine its own membership criteria, to determine its own membership, and to grant, deny, revoke, or qualify membership without regard to whether any person was or was not deemed to be a qualified Native Hawaiian constituent under this Act” (emphasis added)

“The HSTA’s latest action proves once again that the union leaders care more about money than educating Hawai‘i’s children.  Instead of accepting the generous offer of $50 million I proposed last November that will allow the immediate return of children and teachers to the classroom, the HSTA is spending their time on frivolous complaints."

A hearing for House Bill 2311, The Flag Bill, has been scheduled for this Wednesday, February 24 at 9:10 a.m.  

Should the Native Hawaiian governing entity unlawfully establish a casino despite Section 10(a) of the rewritten bill, then Section 9(c)(3)(H) of the rewritten bill could prevent the State of Hawaii from going to court to shut-down the illegal gaming operation....

This potential loophole is not an invented fantasy.  Over the years, there have been Indian casinos operating without state-approved compacts and in violation of state law.  If Congress passes the rewritten bill with this loophole, then the only authority that the State of Hawaii and its citizens could have to rely on to stop the illegal operation would be the federal government, which has been lax in acting on such matters.

The bill to establish a gaming commission to oversee casino gaming is moving this legislative session. If passed, the bill (HB 2251 HD1) would allow the gaming commission to issue one 5-year license to a casino gaming operation in a county with a population of more than 500,000. The bill also creates a wagering tax on casino gaming. (HB2251 HD1 - click to read bill). 

Well, I’m certainly pro-transit. I think a rail system in some configuration would be good for us; but I want to make certain we can afford it over the long-term.

I wanted to be able to look him in the eye and say, “Look, this is not politics. This is the most expensive transit project in the history of America.  Per-capita there is no system that has cost this much in such a small population base as Hawai‘i and people need to realize that. 

When I said that to him, he did not respond back or challenge that fact; and it is a fact.

“The basic problem as I see it, is that in the current version of the bill, the ‘governmental’ (non-commercial) activities of the Native Hawaiian governing entity, its employees, and its officers, will be almost completely free from State and County regulation, including free from those laws and rules that protect the health and safety of Hawai‘i's people, and protect the environment. ’Governmental’ activity is a broad undefined term that can encompass almost any non-commercial activity.

“This structure will, in my opinion, promote divisiveness and litigation, rather than negotiation and resolution. 

“I do not believe such a structure, of two completely different sets of rules – one for ‘governmental’ activities of the Native Hawaiian governing entity and its officers and employees, and one for everyone else – makes sense for Hawai‘i. 

“In addition, under the current bill, the Native Hawaiian governing entity has almost complete sovereign immunity from lawsuits, including from ordinary tort and contract lawsuits, and I do not believe this makes sense for the people of Hawai‘i.

By a voice vote, the House Rules Committee today authorized Rep Neil Abercrombie (D-HI) to introduce a “substitute amendment” which replaces the old version of the Akaka Bill (HR2314) passed in December by the House Committee on Natural Resources.  As a result of today’s vote, Abercrombie’s new version of the Akaka Bill will go directly to the floor of the House.

The Court held that the Congress cannot create an Indian tribe where one does not exist, but can rather, only recognize groups who have long operated as a tribe with a preexisting political structure . . .

Even though the House Rules Committee will take up this bill tonight at 5 pm and the full House may vote on the bill as soon as tomorrow, Natural Resources Committee Republicans are believed to be the only entity providing the public with the new legislative language as it is currently unavailable on the majority’s House Rules Committee website and Natural Resources Committee website.

“Bennett said the state's concerns about the Obama administration's language have been addressed by the parties.  However, he said, the state still has strong objections to clauses in the new draft that could give immunity from state law to the entity, its employees and officers while they are conducting government activity.”

“I let the Secretary know that we would be doing a separate, independent financial analysis of the plan for the rail, and I suggested to him that we take our financial analysis and the one that they will have done – that the government requires at the federal level – and share that information so we’re all working from the same set of numbers. They agreed that it’s important for the public to have really one set of numbers that they’re looking at. So when people want to judge whether it can be afforded over the long term or not, at least we're talking about the same numbers. I think that was very, very important today,” the Governor said.

(No mention of Monday's Akaka Bill hearing in this news release.  A sign of gubernatorial displeasure with the latest version?)

With the discovery of oil the U.S. government became intensely interested in settling the land claims. In 1971, in a special convention of the Alaska Federation of Natives Association five hundred and eleven (511) delegates approved the final draft of a Congressional legislative settlement. Fifty-six (56) delegates voted against the settlement. (Delegates from the North Slope made up a disproportionate number of those opposed.) It is also worth noting that President Nixon, even before the vote of the Alaska Federation of Natives, had already signed the legislation into law.

The legitimacy of the vote, with five hundred and sixty seven delegates representing all Native peoples, was questioned at the time and is still. There were no village meetings; the vote was never ratified or debated by Alaska Native communities or individuals. The discovery of oil had moved the resolution of land claims to 'fast forward'. Many would say that the political process was hijacked.

Rep Neil Abercrombie (D-HI) is preparing to introduce a third version of the Akaka Bill in the US House to replace the existing text of HR 2314.  And, according to one source, staffers in the office of Senator Dan Akaka (D-HI) are writing an amended version of S1011 to introduce in the Senate in place of the bill passed by the Senate Committee on Indian Affairs.

On Monday February 22 at 5PM EST (12 Noon HST) the House Rules Committee will consider allowing Abercrombie to amend the old version of the Akaka Bill with the latest new version.

Three votes were not counted by the Chief Clerk- Representatives Tom Brower, Marilyn Lee, and Maile Shimabukuro.

Had these three votes been accurately counted and made inclusive with the fourteen votes that were counted, the total would have been seventeen votes.

Seventeen votes in the affirmative is what was needed to recall HB2311 from committee.

See the hands raised in the video . . .

WASHINGTON, D.C. – After House and Senate Committees approved two different versions of the Native Hawaiian Government Reorganization Act of 2009 (Akaka bill) last December, House Democrats have now released another rewritten version of this bill.  The House is expected to vote on the latest altered text next week.

Abercrombie admits the “15,000 jobs” created by stimulus in Hawaii claim comes from “a template going out all across the country” and explains:  "This kind of stuff is dysfunctional.  It further demoralizes the population.  It makes people sick of politicians.”   (Then why’d you vote for it Neil?)

HONOLULU, HAWAII - The state House of Representatives today passed on third reading a bill that would set new employer contribution rates for unemployment insurance. Unless legislation is passed, the rates will soar in the coming year due to the poor economy and high unemployment negatively impacting Hawaii’s businesses.

17 votes were needed. 

As of fiscal year 2007, Hawaii—like 19 other states—had failed to sock away any assets to cover this long-term bill coming due. Relative to the size of its payroll and population, it has one of the greatest burdens—$10.8 billion—of any state in the country.

“Once again the Democrat majority is writing bills behind closed doors without any contribution or consideration from the minority.  When the Native Hawaiian bill passed out of the Natural Resources Committee in December, it was clear there was more work to be done before the bill was brought before the full House and I asked that everyone have the opportunity to thoroughly review and comment on any changes—obviously that request hasn’t been met when the House is expected to be voting in a few days and we don’t even have a copy of the rewritten bill."

During Thursday's legislative session, February 16, H.B. 2311 will be recalled to the House Floor. The move will require 17 votes to recall it to the House Floor and 26 votes to keep it alive.  

"We are asking all veterans and patriots to call their state representatives and join us on Thursday at the State Capitol to show their support for this important legislation."  Rep. Pine stated.

Similar homeowner's association rules that hinder flag displays are being challenged across the country.  In 2009, one Virginia association gained nationwide attention when it ordered Army Col. Van T. Barfoot, a 90-year-old recipient of the Purple Heart and the Medal of Honor, to remove the flagpole from his home.

  ‘LAVA DOGS’, the 1st Battalion 3rd MARINES, and other forces deployed into Helmand Prov. AFG.  Lava Dogs are from Marine Corps Base, Hawaii and trained for Afghan combat at Pohakuloa last July. 

Video of Ed Case speaking to Big Island GLBT group.

Quietly, with no media notice, a joint meeting of two House Committees met February 3 to consider HB 2241, confiscating "unencumbered" Ceded Lands from native Hawaiians and other beneficiaries and transferring them in advance to any Akaka Tribe created by Congress.

Wiwo...wiwo...wiwo.  

The sound floats on the winds of Ka Lae, this southernmost tip of Hawaii's Big Island, where Polynesian colonists first landed some 1,500 years ago.

Some say that Ka Lae is haunted -- and it is. But it's haunted not by Hawaii's legendary night marchers. The mysterious sounds are "Na leo o Kamaoa"-- the disembodied voices of 37 skeletal wind turbines abandoned to rust on the hundred-acre site of the former Kamaoa Wind Farm.

Laupahoehoe has voted to convert Laupahoehoe High and Elementary School (LHES) to a public charter school. League of Women Voters’ past president Sue Irvine and volunteers Margaret Drake, Marianna Scheffer were kept busy all day collecting secret ballots from parents and staff of LHES. One hundred forty five out of 180 voters cast their ballots in favor of charter conversion.  Only 35 opposed.

Challenged to stay in the US House in order to provide President Barack Obama with the deciding vote in favor of any Obamacare compromise, Neil Abercrombie has refused.  Naturally, the drama—which could be very damaging to Abercrombie’s standing among Hawaii Democrats—has played out with only the barest notice in Hawaii media.

Case in 2006 earned the hatred of Hawaii Democrats by implying that Senator Dan Akaka was feeble-minded, ineffectual, and too liberal.  In a repeat performance, on December 18 he told The Hill that Senate President Colleen Hanabusa "has no clue."  Now he cries to his friends at KITV: 

"People have to turn the campaign negative against you in order to advance.  They are going to try to tear you down.  I am not looking forward to that.”

Moody’s Investors Service, Standard & Poor’s Ratings Service and Fitch Ratings affirmed the State’s bond ratings of Aa2, AA and AA, respectively.  Standard and Poor’s Ratings Service cited one of the State’s credit strengths as, “the governor’s willingness to implement aggressive solutions to balance the fiscal 2010-2011 biennial budget given lower general fund tax revenue forecasts.”

(Good thing these got sold before S&P finds out about the Legislature.)

We share the goal of the Rise Above Plastics coalition to make Hawaii a litter free place.  However, we believe efforts to promote recycling and educate people about litter prevention are much more effective means to reduce waste and protect our environment.  No litter, including plastic, belongs in the ocean.  Plastics belong in the recycling bin—not targeted for bans or taxes.  Protecting our shore lines and eliminating ocean litter has no geographic or political boundaries, so solutions must involve international partnerships and be global in scope.  We can do our part by enforcing litter laws, encouraging and promoting recycling programs and remembering to reuse our own shopping bags regardless of their material type.

HONOLULU – Governor Linda Lingle today nominated Lisa M. Ginoza to serve as an associate judge on the Intermediate Court of Appeals and Robert Mark Browning as a Circuit Court judge of the First Circuit (O‘ahu).  Their appointments are subject to Senate confirmation.

Gutfeld told Djou at one point: "Dude, I think you're going to win."

Because Hawaiians have no statewide initiative or referendum rights, the Aloha State earned a “D” on our recently released state-by-state report card on initiative and referendum rights. We like to think that the state’s poor performance will prompt action to give the people more of a voice in government by creating an open and accessible initiative process. Unfortunately, at least one talking head in the state doesn’t want the people to have a greater say in their state government.

Budget Director Georgina Kawamura, who submitted testimony stated that limiting the authority of the Governor and Executive Branch could adversely impact the State’s bond rating. The Governor’s authority to reduce expenditures has been cited by all three bond rating agencies as one of the State’s credit strengths and a determining factor in maintaining Hawai‘i’s favorable bond ratings. 

Your beloved editor urges all Hawaii residents to send comments to the Army asking that they give due consideration to the possibility of stationing three JHSVs at Nawiliwili Harbor instead of Pearl—or better yet, put all 12 there.  Kahului could also be considered as a back up. 

State Representative, Rida Cabanilla, 42^nd (Ewa, Waipahu), deferred a bill that would have allowed veterans and community members to commemorate loved ones by displaying  American or state flags on  their homes. 

House Bill 2311 was introduced by State Rep. Kymberly Pine, 43^rd (Ewa Beach, Pu`uloa, Iroquois Point), in response to concerns from Iraq veteran and Retired MSgt, Harold Alejandro.  He faced barriers in the homeowner's association rules when he tried to install a flagpole for an American flag display on his home. 

“We are deeply saddened that this bill did not pass, it would have allowed this humble veteran a small gesture to keeping the memory and sacrifice alive of two fallen heroes whom I had the privilege to serve alongside," explained Alejandro.

Charles Djou has proven leadership abilities during his service in the Hawaii State House, the Honolulu City Council, and as an officer in the U.S. Army Reserve. The three biggest industries in the First District are tourism, defense and construction and Djou has experience in all three – serves Waikiki (tourism center) in the City Council, serves in the U.S. Army Reserves and was General Counsel at a Hawaii construction company.  He looks forward to continuing to advocate fiscal responsibility and ethics reform when he gets to Washington, as he has never voted for a tax increase and led the fight against corruption in Hawaii.

In the face of RNC leaders’ optimism about Republican chances in November, the Washington Times has reached out to some odd sources in its search for evidence of Republican dissension.

HONOLULU – Proposals that would save the State up to $21 million each year and correct flaws in the collective bargaining system are pending legislative action.  Governor Linda Lingle is urging the Legislature to promptly schedule hearings on these measures before the upcoming internal legislative deadline of February 12.

The Hawaii Department of Education Honolulu District is moving to replace hundreds of privately contracted paraprofessional Special Education skills trainers with newly hired and minimally trained DoE Paraprofessional tutors (PPTs) between now and March 22.

A February 4 ad on Craigslist seeks “reliable individuals” to become “Paraprofessional Turtors” (sic) in the “Honlulu (sic) District”. 

HB 2759 would allow gaming on Hawaiian homelands.  HB 146 proposes an amendment to the Hawaii Constitution to permit gambling in our island state.  The House Judiciary committee has scheduled a hearing on these bills for Tuesday, February 9, 2010 @ 2:30 p.m. in conference room 325.

We are asking you to contact members of the House Judiciary Committee and your own Representative to tell them that you don't want gambling in Hawaii. 

David Chang is a graduate of West Point, the United States Military Academy. He was selected as an East-West Center Fellow and holds a Masters of Arts in Political Science from the University of Hawaii and a Masters in Theological Studies from Covenant Theological Seminary. He is a combat veteran of Operation Iraqi Freedom and currently serves in the Hawai'i Army National Guard as an Intelligence Officer. 

David is currently the CEO/President of WealthBridge Inc., a wealth management firm specializing in financial planning and business consulting. He is also the founder of PowerH2O, a premium bottled water company, and The Cabinet and Stone Factory, a remodeling and construction firm. 

What would change the rating up?

• Rebuilding and maintenance of strong reserve levels.
• Broader economic diversification, sustained job growth, and reduced vulnerability to the tourism industry.
• Maintenance of structural budget balance.
• Annual funding of pension and OPEB annual required contributions.

What would change the rating down?

• Economic weakening leading to employment erosion.
• Further deterioration of revenue trends leading to budget imbalance, liquidity pressure, and narrowing of financial position.
• Increased use of non-recurring solutions to balance budget.
• Failure to adopt a plan to cover expenditures once federal stimulus monies are no longer available

“The purpose of these two proposals is not to change the concept or use of the State’s Rainy Day Fund, but to ensure a steady source of revenue is available to build the fund balance for future emergencies,” said Linda Smith, senior policy advisor, in written testimony.  “We believe a constitutional amendment is the only way to safeguard against expending year-end general fund balances that in good years need to be saved rather than spent on new programs and services.”

Hawaii Legislature's own papermill.  Built by feeeel-goood fake environmentalism.

Although the current draft provides some tax assistance, the Chamber believes it does not go far enough to help reduce the "tax shock" and safeguard the statewide unemployment rate.  Therefore, we are asking the committee to amend the bill.

Meanwhile, one of Djou's consultants is actively encouraging the comparisons. In a memo released this week, web strategist Patrick Ruffini touted Djou's potential as the candidate next able to take down a Dem-held seat.

"As in Massachusetts, Charles Djou is strongly positioned to benefit from 'perfect storm' conditions that include a great candidate, message, and organization, the district's recent history of Republican voting, and Hawaii's unique special election rules," Ruffini wrote. Djou's win, Ruffini wrote, would "once again shock the political world."