Aloha United Way, One Oahu, and Legal and Family Services: "There will be NO available safety net for State principle habitation permitted families who are forced from their homes in Hawaii's harbors"
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The State of Hawaii has the second largest per-capita homeless population in the United States.
This hasn't fazed our legislature, and in 2021 it passed Senate Bill 795, now Act 42, despite warnings during public testimony that this measure could only generate homelessness as an outcome. And . . . it did, and, ironically, right smack in the district of the senator who introduced the bill, Senator Sharon Moriwaki. (See Hawaii Ocean News' 2021 testimony and warning to the legislature here: SB795 FIN HON PUBLIC TESTIMONY MARCH 31 2021 SB795)
Background: SB795 was instigated by DLNR's Suzanne Case and Ed Underwood, and introduced, strangely, in the shortened 2021 session, when there were so many other pressing pandemic-related issues that needed attention. The DLNR's goal was to get itself out from under legislative oversight so that it could move forward with its plans to privatize all of Hawaii's publicly owned harbors, handing them over to multinational corporations that have been waiting in the wings for years.
When it became law, Act 42 released the DLNR's DoBOR from oversight, especially with regards to the setting of statewide harbor fees. Once passed, DoBOR’s administrator, Ed Underwood, immediately took the opportunity to weaponize Act 42, using it as a rationale in an end-run, back-door scheme to evict long-time Principal Habitation permitted families from their homes by simply pricing them out of our harbors. Mr. Underwood admitted to this, full face, during a town hall meeting sponsored by Senator Sharon Moriwaki.
Newly introduced legislation, Senate Bill 2058, is unapologetic: it asks bluntly to disallow long-time legally permitted families from occupying their homes in Hawaii's harbors.
During phone calls to Aloha United Way, One Oahu, and Family Legal Services, Hawaii Ocean News learned that those families losing their homes coming from our harbors will NOT be eligible for fall-back assistance of any kind.
The legal implications of the measure are considerable:
"If enacted, the implementation of Senate Bill 2058 will effect a public taking of private property, as the courts have determined that a Principal Habitation Permit constitutes property. The measure does not provide for exceptions for existing Principal Habitation Permitees, and would take effect upon the Governor's signature.
"The bill provides no explanation as to why the prohibition should be put into place, nor what public good it would accomplish: it is, therefore, arbitrary and capricious." (Provided to us in a recent message)
Oddly, the districts represented by the introducers of the bill, Sen. Inouye (S District 4, Hilo, Hamakua, Kohala, Waimea, Waikoloa, Kona); Sen. Dela Cruz (S District 22, Mililani Mauka, Waipi‘o Acres, Wheeler, Wahiawa, Whitmore Village, portion of Poamoho); and Sen. Keith-Agaran (S District 5, Wailuku, Waihe‘e, Kahului) are largely unaffected by the changes proposed in this measure. Why, then, would these particular three legislators suddenly take such a great interest in something that is only of casual concern in their districts?
The legislature's Ways and Means Committee (WAM) will hear this measure at 1:10 pm, this coming Friday, February 11, 2022. All boaters around the State of Hawaii are encouraged to submit testimonies.
To submit testimony on this (SB2058) or any of the bills that affect boaters this year, go to the legislature's main webpage and register -- you must be registered to submit testimony.
Once you've registered, the lower-center portion of the new page will show an orange and white icon titled Hearing Notification - click on that icon and it will take you to a new page. On that page type the bill number (including the "sb" - e.g., SB3131) and click on the Add button -- you can add the other bills by entering their numbers and clicking Add. The click on any of the bills on you list, and you will be taken to the page for that bill.
The bill page is very useful: it tells you if any hearings are scheduled, if any testimony has been taken, you can download a PDF of the bill, etc. -- AND you can submit testimony on the bill, by clicking on the Submit Testimony button. Note that you can cut-and-paste your testimony from, say, a Word document, rather than retyping it in the area provided on the testimony page.
NOTE that you can only submit testimony if a hearing has been scheduled. Therefore, staying on top of when hearings are scheduled is VERY IMPORTANT. Fortunately, by telling the Hearing Notification page which bills you're interested in, the system will automatically email you hearing notifications (to the email address you used for your registration).
If you haven't yet registered (and I strongly recommend that you do so today), the links below will take the respective bills' pages:
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2684
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=3130
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=3131
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2058