Bill Text: HI SB274 | 2011 | Regular Session | Introduced
Bill Title: Advisory Referendum; Akaka Bill
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-24 - (S) Referred to HWN, JDL. [SB274 Detail]
Download: Hawaii-2011-SB274-Introduced.html
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THE SENATE |
S.B. NO. |
274 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the native hawaiian government reorganization act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The federal Native Hawaiian Government Reorganization Act of 2010, commonly known as the "Akaka Bill," is currently being considered by the U.S. Senate and U.S. House of Representatives. The Akaka Bill seeks to establish a Native Hawaiian governing entity with the powers to negotiate and determine the future legal status of those of Hawaiian blood.
The Akaka Bill would allow for the creation of a race-based "tribe" of those of Hawaiian blood, which would include up to 400,000 people in every state in the United States. Membership in the society created by the Akaka Bill is race-based and determined by racial characteristics, namely, blood without any minimum quantum, and without the recognition of what are considered necessary elements for determination as a political entity, as is done with Indian tribes.
The broad provisions of the Akaka Bill would give the race-based Native Hawaiian governing entity vast governmental powers and jurisdiction over persons in every state, and thus would create the largest tribe in the nation. Key components of the Akaka Bill shock the conscience of all reasonableness, and are, in several ways, offensive to the citizens of the State of Hawaii. For example, the definition of "Qualified Native Hawaiian Constituent" is extremely broad and misleading. In addition, the Akaka Bill fails to guarantee that the Bill of Rights is recognized by the governing entity. The Akaka Bill allows the governing entity to negotiate with state and federal authorities over land rights, jurisdictional issues, and other entitlements for its members to the exclusion of others that reside in Hawaii. Most offensively, the Akaka Bill wholly lacks any mechanism to enable Hawaiians, all Hawaiians, not just those with one drop of Hawaiian blood, to determine whether they want to authorize this race-based government.
The likely result is that enactment of the Akaka Bill will effect far more than those who qualify for membership under the Bill. The Akaka Bill will have broad sweeping impacts upon all those who step foot on Hawaii's soil, including temporary stationed military personnel, tourists, and most certainly the residents who call Hawaii home.
The Akaka Bill is legislation that cannot be easily amended or unwound as it creates a new society with its own laws, jurisdiction, taxing powers, and other features of an independent and sovereign entity. The Akaka Bill will have long lasting impacts upon the State of Hawaii and the United States, including: subjecting residents of Hawaii to multiple jurisdictions in one community; placing clouds on land titles and other rights that have been resolved for over one hundred years; and creating future taxpayer liabilities because of possible litigation rights Native Hawaiians may have against the State of Hawaii and the United States governments.
The legislature finds that, because of the vast impacts of the Akaka Bill, many of which will be devastating to the State of Hawaii and its people, all people of Hawaii are entitled to let their voices be heard as to whether or not they support enactment of the Akaka Bill. Those impacted by such a vast law deserve to be enfranchised to determine whether they should be subject to a new sovereign which will have the power over them and limit the rights that they have been guaranteed since statehood.
The legislature further finds that it is appropriate to hold an advisory referendum during the general election to be held on November 6, 2012, to give Hawaii citizens the opportunity to inform Congress of their position on the Akaka Bill. This referendum is advisory in nature, and does not have the force and effect of law. It is intended to be a means for the people of Hawaii to express their views on the Akaka Bill. A favorable vote will not necessarily result in passage of the Akaka Bill by Congress. A vote to reject will not necessarily result in failure of Congress to pass the Akaka Bill.
SECTION 2. The question to be printed on the ballot shall be as follows:
"Should the State of Hawaii approve enactment of the Native Hawaiian Government Reorganization Act of 2010, commonly known as the "Akaka Bill," by the United States Congress? A vote to "approve" means you are in support of Congressional enactment of the Native Hawaiian Government Reorganization Act of 2010. A vote to "reject" means that you are opposed to Congressional enactment of the Native Hawaiian Government Reorganization Act of 2010."
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Advisory Referendum; Akaka Bill
Description:
Provides for an advisory referendum as part of the general election to be held on November 6, 2012, to allow the people of Hawaii to vote in favor of or against the federal Native Hawaiian Government Reorganization Act of 2010, also called the "Akaka Bill."
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
