February 23, 2008

Representative Ken Ito, Chair
Representative Jon R. Karamatsu, Vice Chair
And Committee Members On Water, Land And Ocean
Resources And Hawaiian Affairs
Representative Tommy Waters, Chair
Representative Blake K. Oshiro, Vice Chair
And Committee Members on Judiciary
Representative Marcus R. Oshiro, Chair
Representative Marilyn B. Lee, Vice Chair
And Committee Members On Finance
House of Representatives, The Twenty-Fourth Legislature
Regular Session of 2008, State of Hawaii

Subject: HB 266 HD 1, Relating To Hawaiian Affairs,
“SUPPORT WITH AMENDMENTS”

ALOHA Kakou,
My name is Richard Pomaikaiokalani Kinney. As Sovereign of the Hawaiian Political Action Council of Hawaii, I “SUPPORT WITH AMENDMENTS” the passage of HB 266 HD 1.
Mahalo nui to the writers of this Bill for the removal of the use of terms such as “settlement and “claims” based on the recent Hawaii Supreme Court ruling based on the findings of the Apology Resolution, Public Law 103-150.
This is a move in the right direction for “Justice For Hawaiians.”
I recommend the following amendments to HB 266 HD 1,
Section 4 of article XII of the Hawaii Constitution definition of the Public Land Trust is incomplete. HB 266 HD 1 should define and include all lands that were ceded to the United States by the Republic Of Hawaii under the Joint Resolution of Annexation of July 7, 1898. Reflecting also the recent Hawaii Supreme Court ruling based on the Apology Resolution, Public Law 103-150. Section 5 of article XII of the Hawaii Constitution does not reflect the present change to the elections of the OHA Trustees. No longer are the

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Feb. 23, 2008
HB 266, HD 1
WHL/JUD/FIN

OHA Board of Trustees elected by qualified voters who are Hawaiians. No longer are the OHA Board members are Hawaiians. All qualified members of the general community of Hawaii are allowed to run and vote for the OHA Board of Trustees. HB 266 HD 1 should reflect the present change that has been made in the election of the OHA Trustees.
Now if I am I like to get into the real “pilikia” that I have with
SB 266 HD 1. The definition of native Hawaiian in the State Constitution and the Hawaii Admission Act defines native Hawaiian as defined in the Hawaiian Homes Commission Act. These are the supreme laws of the State of Hawaii that protects the constitutional rights of native Hawaiians as recognized by the Congress of the United States.
HB 266 HD 1 Section 3 amends Section 10-13.5 Use of Public Land Trust Proceeds. Amends and abridges the lawful constitutional rights of the native Hawaiians.
I’m not a native Hawaiian as defined by the Constitution of Hawaii, the State Admission Act and the Hawaiian Homes Commission Act. I am of Hawaiian, Portuguese, Irish, Scotch and English ancestries.
Among the native indigenous Kanaka Maoli people of today’s Hawaii, it is the native Hawaiian trust beneficiaries of the State of Hawaii, the State Admission Act and the Hawaiian Homes Commission Act who are the “Dying Race” of our people. It is a well known fact that by the end of this century, there will no longer be any native Hawaiian of the purest blood line of the First Nation’s People of Hawaii.
It is for this reason and only this reason that I “Strongly Oppose” to all amendments in HB 266 HD 1 that threatens and diminishes the State’s Constitutional trust obligation to native Hawaiians!
Now to the issue that effects all of us. I “Strongly Support” that the Back Rent Due payment be “Paid In Full” to OHA. I strongly believe with my understanding of the history surrounding the Ceded Lands that the Back Rent

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Feb. 23, 2008
HB 266 HD 1
WLH/JUD/FIN

Due payment should begin with at least 2 Billion Dollars!
2 Billion Dollars that rightfully belongs to the native Hawaiian beneficiaries of the State of Hawaii. Take care of the native Hawaiians and all of Hawaii will be a better place for all of us to live and call home.
I live in the Waianae Coast for the past three years. The Waianae Coast is the largest native Hawaiian community in the world. Not only on this island, in this State or in the United States, but in the world. I view the Waianae Coast as the last “homeland stand” for our Kanaka Maoli people. We the Kanaka Maoli can not afford to have the Waianae Coast become the Second Waikiki.
I “Strongly OPPOSE” the use of Ceded Lands as a political method of paying native Hawaiians what rightfully belongs to them in law. Do not use “Hawaiian Lands” to pay off the debt of the State of Hawaii. Especially for the past 30 years of commingling of the Public Land Trust and its revenues by the Executive Branch, past and present!. Simply comply with the present law! As the Hawaii Supreme Court recently said, Public Law 103-150 is law and should be obeyed! Obey the law and avoid any future law suits.
The present language of HB 266 HD 1 surely invites future law suits against the State for its violation of it’s trust obligation to the native Hawaiian people of Hawaii and the United States.
Once more HPACH “SUPPORT WITH AMENDMENTS“ the passage of HB 266 HD 1. Which simply means no amendments, I withdraw my support for this Bill.
Mahalo nui for the opportunity to present testimony on this important Bill.

ALOHA KUU AINA HAWAII

Richard Pomaikaiokalani Kinney, SOVEREIGN
Hawaiian Political Action Council of Hawaii
Email: HIAHAWAIIaol.com">HIAHAWAIIaol.com