State lawmakers approved six of 19 bills in OHA's legislative package in the 2009 session, including a bill that if approved would finalize a settlement of the ceded lands case that was heard by the U.S. Supreme Court in January. - Photo: Lisa Asato

By Ka Wai Ola Staff

Six of 19 measures in the Office of Hawaiian Affairs package to the State Legislature were approved by state lawmakers this past session.

The bills that were approved included a measure that requires two-thirds of each chamber of the Legislature to approve the sale of ceded lands. Approval of the measure was key to an agreement to resolve a lawsuit that sought to protect ceded lands from being sold or transferred to third parties. The lawsuit, which was appealed by the state to the U.S. Supreme Court, was filed 15 years ago by OHA and four individual plaintiffs against the State of Hawai'i to stop the sale of ceded lands by the state.

The state, OHA and three of the four individuals entered into an agreement on a set of steps that will resolve the lawsuit.

At the start of the session OHA supported a full moratorium on the sale of ceded lands but OHA leaders said that the two-thirds approval was a high standard.

Also getting the nod from state lawmakers was the OHA budget.

Earlier in the session, the State House and Senate took different positions on the OHA budget.

The House voted for a budget with a 20 percent cut to the $3 million in general funds OHA has received in past years. The Senate, meanwhile, proposed to eliminate the entire $3 million.

Three organizations who provide educational, legal and social services to Native Hawaiians and who receive funding from OHA's budget were concerned that the Senate's cuts would adversely impact their services.

In the end, the House version of the budget passed with the caveat that about $1 million or about half of the settlement of the Hōkūli'a lawsuit would be returned to the state treasury.

Both measures await the governor's approval.

OHA also lobbied in favor of other measures aimed at improving the lives of Native Hawaiians. One requests a study of the disparate treatment of Native Hawaiians within the state's criminal justice system. If signed, it will enable data to be gathered that could be used to reform a system in which anecdotal reports say that Native Hawaiians are more likely than other groups in Hawai'i to be arrested and sentenced to long prison terms.

An OHA Senate bill granting control to individuals in the use of their name or image – a so-called publicity right – also got the nod from a majority of lawmakers. If enacted, this measure would enable individuals – muscians, for example – to prevent the commercial use of his or her name or image without express consent.
Also from the OHA package, lawmakers passed a bill giving OHA trustees the authority to issue revenue bonds that could be used as an alternative to legislative funding to support capital improvement and other infrastructure projects.