THE SENATE

S.R. NO.

51

TWENTY-THIRD LEGISLATURE, 2006

  

STATE OF HAWAII

  
   

SENATE RESOLUTION

 

requesting the united states congress to DELAY A VOTE ON s. 147, commonly known as the "akaka bill," until the bill is appropriately amended to include a vote by the people of hawaii to approve enactment of the measure.

 

WHEREAS, the Hawaii Senate delegation has proposed a bill, commonly known as the "Akaka Bill," which seeks to establish a Native Hawaiian governing entity with the powers to negotiate and determine the future legal status of those of Hawaiian blood; and

WHEREAS, the Native Hawaiian governing entity, as proposed in the Akaka Bill, seeks to create a race-based "tribe" out of those of Hawaiian blood, which includes up to 400,000 people in every state in the United States; and

WHEREAS, because of the broad provisions of the Akaka Bill, the Native Hawaiian governing entity will have vast governmental powers and jurisdiction over persons in every state, creating the largest Indian tribe in the nation; and

WHEREAS, the membership in the society created by the Akaka Bill is determined by racial characteristics, namely blood without any minimum quantum, without the recognition of what are considered necessary elements for determination as a political entity, specifically: determination by the tribe as to who may be members; past political recognition as a banded group distinct from others; or geographic or cultural segregation; and

WHEREAS, the definition of "Native Hawaiian" is extremely broad and misleading; nothing in the bill guarantees the governing entity will be carried out in a democratic form; the bill fails to guarantee that the Bill of Rights are incorporated into the governing entity; the entity will negotiate with state and federal authorities over land rights, jurisdictional issues, and other entitlements for its members to the exclusions of others that reside in Hawaii; and S. 147 lacks any mechanism to enable all Hawaiians, to determine whether they want to authorize this government;

WHEREAS, the likely impacts from enacting the Akaka Bill will effect far more than those who qualify for membership. The Akaka Bill will have broad sweeping impacts upon all those in Hawaii including temporary stationed military personnel, tourists, and most certainly the residents whom call Hawaii home; and

WHEREAS, the Akaka Bill is legislation that cannot be easily amended as it creates a new society with its own laws, jurisdiction, taxing powers, and all other features of an independent and sovereign entity; and

WHEREAS, the Akaka Bill could have long lasting impacts upon the State of Hawaii and the United State including subjecting residents of Hawaii to multiple jurisdictions in one community; clouding land titles and other rights that have been resolved for over one hundred years; creating future taxpayer liabilities because of the possible litigation rights Native Hawaiians may have against the State of Hawaii and the United States governments; gambling or other gaming impacts because the sovereign entity will have the right to choose its form without oversight from the federal government; and

WHEREAS, because of the vast impacts of the Akaka Bill, many of which could be devastating to the State of Hawaii and its people, the residents of Hawaii should be entitled to vote in a referendum on whether S.147 is enacted; and

WHEREAS, the right of those impacted by such vast laws deserve to be enfranchised to determine whether they should be subject to a new sovereign which will have the power over them and limit their rights with which they have become accustomed since statehood; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that members of the United States House of Representatives and the United States Senate delay the passage of S.147, commonly known as the "Akaka Bill," until the bill is appropriately amended to provide the residents of Hawaii the ability to vote on the bill; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the United States Senate, the Speaker of the United state House of Representatives, Hawaii's congressional delegation, and to each of the presiding officers of the legislative bodies of each state of the United States of America.

 

OFFERED BY:

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Report Title:

Akaka Bill; Congress Oppose Unless Voters Approve