Native Hawaiian Reconciliation Commission & SB 42

[HereOnThePrimalEdge]

Snatching defeat from the misguided definition of victory:

A panel of Hawaii lawmakers on Monday passed a resolution calling for the governor to convene a Native Hawaiian reconciliation commission, a step that comes after protests blocking the construction of one of the world’s largest telescopes.
...
The goal is to “foster more dialogue, to bring a sense of opportunity for people to talk and maybe address some of the past wrongs,” Yamane said after his committee passed the measure.
...
Ilima Long, a leader of the movement blocking the telescope and a University of Hawaii graduate student in political science, testified to lawmakers that the measure’s origins “had pro-TMT all over it.”
“It’s totally flawed already.
https://www.hawaiinewsnow.com/2020/02/11...-protests/

[kalakoa]

"The" Hawaiians have made it abundantly clear that they do not consider any US government to be legitimate, which sentiment would seem to include this "commission".

Best case, it might create enough false hope that TMT doesn't leave just yet.

[Seeb]

Another committee that will do nothing but waste time and money

[HereOnThePrimalEdge]

In a somewhat related story:

Several weeks ago the Hawaii Attorney General issued a subpoena for an audit of an anti-TMT group KAHEA, and their spending. They are a non-profit, and in order to maintain tax free status, they must follow the same regulations for other non-profits in their category. KAHEA called this harassment.

https://www.kitv.com/story/41603270/nati...sobedience


The solution? Prevent the AG from investigating non-profits with a special exception that allows their illegal legally exempted activity:

The Hawai#699;i State Senate Committee on Hawaiian Affairs took up Senate Bill 42 SD 1, which proposes to prohibit the Attorney General “from investigating nonprofit organizations for exercising their constitutional right to free speech and assembly or practicing native Hawaiian traditional and customary rights expressly protected under article XII, section 7 of the state constitution...

From KAHEA:
... government overreach that is the primary intent of the AG’s subpoena. The AG states that it’s investigating “illegal activity” consisting in “blocking a road.” Yet, “blocking the road” hugely understates what the Kia‘i Mauna movement is.

Problem solved.

Question, if non-profits can in the future donate unlimited funds for protest movements, will the protestors now request a special law so they can obstruct, blockade, close, and lock owners and citizens out of legal access to property, land and infrastructure? Is this where we're headed?

https://www.bigislandvideonews.com/2020/...-advances/

[kalakoa]

I'm going to start a nonprofit so that people can exercise their "constitutional right to free speech and assembly" by living in unpermitted homes -- the State Constitution is obviously a "higher law" that would automatically "pre-empt" any County enforcement of the building codes.

Or was that not what they had in mind?

[HereOnThePrimalEdge]

was that not what they had in mind?

My soon-to-be-registered non-profit will accept donations and make contributions for protests and lobbyists which exempt Hawaii citizens from paying taxes to idiots.

[kalakoa]

accept donations and make contributions for protests and lobbyists

Fantastic! Do I get special license plates with that?

[HereOnThePrimalEdge]

special license plates

We’re working on it!
Right now we have a template for a Reverse Form N-1. Taxpayers will mail the Department of Taxation their address on our newly created and totally legal blank Reverse N-1. The state fills in an itemized request for money by the deadline we’ve provided, they return the completed form, then we write a check for whatever amount isn’t wasteful or stupid.

[TomK]

Bit too tired to do the research right now, but thought a big part of the AG's investigation of KAHEA is that they haven't filed the required documents over the last two or three years that a non-profit is required to. So now we have some law makers saying that certain groups of people, perhaps based on race, can create a non-profit organisation should be exempt from laws others have to follow? That's how I'm reading it.

[HereOnThePrimalEdge]

some law makers saying that certain groups of people, perhaps based on race, can create a non-profit organisation should be exempt from laws others have to follow? That's how I'm reading it.

Me too.
Section 1 of the bill states:

Accordingly, the purpose of this Act is to prohibit the attorney general from investigating nonprofit organizations for exercising their constitutional right to free speech and assembly or protecting constitutional grants of rights, such as the traditional and customary Hawaiian cultural rights expressly protected under article XII, section 7 of the state constitution, with exceptions.

Native Hawaiian rights are defined and protected in the state Constitution. If those rights are violated they already have recourse through law enforcement and the courts. If law enforcement and the courts have ruled their rights haven’t been infringed upon and they then break the law because they don’t agree with the outcome, this bill seems to say fine, you can break the law without consequence.

The bill is carte blanche to invent cultural practices, religion, etc on the fly, wherever, whenever one or more decide it’s expedient, without historical precedent, without question. Even Kamehameha had kapu.