Monday, May 16, 2022
Hawai'i Free Press

Current Articles | Archives

Thursday, July 8, 2010
Lingle announces terms of agreement on Akaka Bill
By News Release @ 1:15 PM :: 6912 Views :: Energy, Environment, National News, Ethics

GOVERNOR LINGLE AND SENS. INOUYE AND AKAKA REACH AGREEMENT ON AKAKA BILL AMENDMENTS

HONOLULU – Governor Linda Lingle announced today she is pleased that Senators Dan Inouye and Dan Akaka have publicly indicated that the Native Hawaiian Reorganization Act, the Akaka Bill, will be amended to address concerns expressed by the State.  Attorney General Mark Bennett represented the State in discussions with the senators’ staffs regarding three changes to the language approved by the U.S. House of Representatives in HR 2314.

First, language that explicitly exempts the Native Hawaiian Governing Entity from certain State (and County) regulation (section 9(c)(3)(I)) will now read:

“(I) Governmental, nonbusiness, noncommercial activities undertaken by the Native Hawaiian governing entity, or by a corporation or other association or entity wholly owned by the Native Hawaiian governing entity, shall not be subject to the regulatory or taxation authority of the State of Hawaii, except shall be subject to the State’s authority to regulate activities for the protection of the public health or safety until such time as the Native Hawaiian governing entity and the State of Hawaii come to an interim agreement approved by the secretary governing the extent of such regulation and based on the Secretary’s determination that the interim agreement is consistent with applicable federal law.”

The current (unamended) language states:  "Governmental, nonbusiness, noncommercial activities undertaken by the Native Hawaiian governing entity, or by a corporation or other association or entity wholly owned by the Native Hawaiian governing entity, shall not be subject to the regulatory or taxation authority of the State of Hawaii, provided that nothing in this subparagraph shall exempt any natural person (except an officer or employee of the Native Hawaiian governing entity, acting within the scope of his or her authority), from the regulatory, taxation, or other authority of the State of Hawaii. In determining whether an activity is covered by this subparagraph, due consideration shall be given to the constraints described in subparagraphs (A), (F), and (G)."

Second, the provisions of the bill granting the Native Hawaiian Governing Entity limited sovereign immunity will explicitly provide:  “The Native Hawaiian governing entity shall not be immune from any law suit brought by the State of Hawaii to enforce the State’s regulatory authority recognized in this Act.”

Finally, a new provision will be added to the bill stating: 

“Any other provision of this Act notwithstanding, the officers and employees of the Native Hawaiian governing entity shall not be immune from the criminal laws of the State of Hawaii, and the State of Hawaii shall retain its authority to prosecute any violation of the State’s criminal laws.”

These provisions are the result of extensive discussions and are a compromise.  Governor Lingle and Attorney General Bennett believe these new provisions are appropriate and will: 1) allow the State (and the Counties) to enforce their laws and regulations that protect the health and safety of the people of Hawaii, and 2) explicitly provide that the Native Hawaiian Government Reorganization Act will provide no person immunity from any of the State's criminal laws.

“I am very glad the Akaka Bill will be amended to reflect the State’s concerns,” Governor Lingle stated.  “I have assured Senators Akaka and Inouye that I will strongly support a bill with the changes described above, and will write to Senators of both parties expressing my support.  I sincerely hope the bill will become law in 2010.”

####

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Life Alliance

Hawaii March for Life

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT