Bill Text: HI SCR19 | 2011 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 19 (Prior Session Legislation)

Introduced

Bill Title: Native Hawaiian Governing Entity Study; LRB; OHA

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-08 - (S) Referred to HWN/PGM, WAM. [SCR19 Detail]

Download: Hawaii-2011-SCR19-Introduced.html

THE SENATE	S.C.R. NO.	19
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING A STUDY TO IDENTIFY STATE OF HAWAI'I LAWS THAT MAY NEED AMENDMENT SOON AFTER THE ENACTMENT OF THE NATIVE HAWAIIAN GOVERNMENT REORGANIZATION ACT.

WHEREAS, the Native Hawaiian Government Reorganization Act provides a process within the framework of federal law for the Native Hawaiian people to exercise their inherent rights as a distinct, indigenous, native community to reorganize a single unified Native Hawaiian governing entity for the purpose of giving expression to their rights as a native people to self-determination and self-governance; and

WHEREAS, the Native Hawaiian Government Reorganization Act process will result in the reaffirmation of the special political and legal relationship between the United States and the Native Hawaiian people and recognition by the United States of the Native Hawaiian governing entity as the representative sovereign governing body of the Native Hawaiian people; and

WHEREAS, upon the reaffirmation of the special political and legal relationship between the United States and the Native Hawaiian governing entity, the United States and the State of Hawai'i are authorized to enter into negotiations with the Native Hawaiian governing entity designed to lead to agreements on such matters as:

(1) The transfer of lands, natural resources, and other assets, and the exercise of governmental authority over these assets;

(2) The exercise of civil and criminal jurisdiction;

(3) The authority to tax and other powers and authorities typically exercised by governments representing indigenous, native people of the United States;

(4) Residual responsibilities of the United States and the State of Hawai'i; and

(5) Grievances regarding assertions of historical wrongs committed against Native Hawaiians by the United States or by the State of Hawai'i; and

WHEREAS, these post-federal-recognition negotiations may result in recommendations by the parties for amendments to State of Hawai'i and federal law; and

WHEREAS, these post-federal-recognition negotiations and any resulting recommendations for amending state and federal law will likely not occur until a considerable time passes, perhaps years, after enactment of the Native Hawaiian Government Reorganization Act; and

WHEREAS, a more immediate concern exists as to whether amendments to state and federal law may also be needed soon after the enactment of the Native Hawaiian Government Reorganization Act to facilitate the process of establishing and achieving federal recognition of a Native Hawaiian governing entity that will later negotiate with the state and federal governments; and

WHEREAS, with regard to state law, a study under the auspices of the Hawai'i State Legislature would be most helpful in identifying the state laws that may need amendment soon after enactment of the Native Hawaiian Government Reorganization Act; and

WHEREAS, the Legislative Reference Bureau, with its extensive background, knowledge, and publications regarding state law, state policy, and the legislative process, is well-positioned and well-qualified to perform the study; now, therefore;

BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawai'i, Regular Session of 2011, the House of Representatives concurring, that the Legislative Reference Bureau is requested to conduct a study of State of Hawai'i laws that may need amendment to facilitate the process under the Native Hawaiian Government Reorganization Act of establishing a Native Hawaiian governing entity that will later negotiate with the state and federal governments; and

BE IT FURTHER RESOLVED that the scope of the study is requested to include laws that may need to be amended to facilitate the timely and effective implementation of both:

(1) The steps in the Native Hawaiian Government Reorganization Act process leading up to federal recognition; and

(2) Federal recognition itself; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau in planning and conducting the study is requested to give substantial attention to how best in the short term to lay the statutory groundwork for other future amendments that may result from negotiations involving the Native Hawaiian governing entity, the State of Hawai'i, and the United States in the long term; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to include the following in the report of its study:

(1) An identification of the laws that may need amendment;

(2) An explanation of why the laws may need amendment; and

(3) Proposed language for the amendments; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to consult closely with the Office of Hawaiian Affairs when planning and conducting the study; and

BE IT FURTHER RESOLVED that all government agencies are requested to provide their full cooperation and all relevant data and other information to the Legislative Reference Bureau during the planning and implementation of the study; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit, not later than twenty days prior to the convening of the Regular Session of 2012, its findings and recommendations, including any proposed legislation; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, the United States Secretary of the Interior, the Acting Director of the Legislative Reference Bureau, and the Chairperson of the Office of Hawaiian Affairs.