It's your ConCon. What do you want to do with it? Learn - Discuss - Decide
Would a Con-Con really do enough to solve pressing issues for the average working person and family who lives here?
I must admit that I'm completely new to this as well as political involvement in general. I am very concerned about some trends and issues that are obvious to those who must work and live here, but are rarely discussed seriously in the halls of government.
I am well aware of the fact that some of these issues are not solvable at the state government level and would require changes in Federal law. Some may be even unconstitutional under current interpretations of our ultimate political document.
Some of these issues/ideas (in no particular order) are:
Cost of housing (rents and housing purchase prices, as well as property taxes) is where it is now completely unaffordable to almost all local residents. Home ownership (especially on Oahu and Maui) is increasingly becoming a privilege reserved only for the rich from the mainland and foreign countries.
Is the property structure of 19th-century Ireland our future?
The result is that thousands of local families must move to Las Vegas and other parts of the mainland, only to be replaced by short term and part-year migrants from the mainland and other countries. (This "short-term" designation does NOT include our military personnel, but the speculators and others who do not intend to stay and live and work here permanently).
Unstable "boom-bust" economy based on tourism and real-estate speculation/construction (tourism creates mostly low-paying jobs while construction jobs, though high-paying are very unstable according to the whims of real-estate and investment cycles in the mainland and foreign countries).
It seems to me that in the "bad old days" (like 20-40 years ago), when agriculture (sugar/pineapples) were still a significant part of the economy and we still had a lot of products (compared with now) manufactured here (cement, most "Hawaiian" and surf clothing, Honolulu Iron Works, dairies, ranching, etc. as examples), that the economy was much more stable than it is now and the normal economic cycles in tourism and real estate were dampened a lot by those other sectors of that economy which now no longer exist.
What to do about endemic corruption and favoritism that seems to completely saturate most levels of state government bureaucracy as well as much of the county level as well. Almost all of my friends and family tell me they don’t vote because they see no point in doing so. "Why should I just vote in a different set of crooks?" Many have never even registered to vote and are in their 40s and 50s now.
Explosion of "luxury" and resort developments and associated development, with no real or meaningful controls on growth. Paying off environmental groups and greasing the wheels of permitting agencies through timely election contributions to the "right" politicians seems to make almost any project get approved.
No attempt to have a popular referendum vote on critical issues or recall/initiative to kick out of office crooked politicians and judges.
No meaningful local government since separate cities and towns are not allowed to incorporate. (A leftover from the monarchy?)
The mess with DHHL and still excess delays in getting people on their list onto their lands (although somewhat better than a few years ago).
What about just giving everyone on the DHHL list fee-simple title to their land immediately and abolishing DHHL totally, now that their mission has been accomplished.
Selloff to developers/investors (and/or giveaway to OHA) of the ceded lands by the state. I thought that was completely illegal and unconstitutional under both the 1959 and 1978 state constitutions.
No distinction or recognition in OHA-Kau Inoa-Akaka bill (or anywhere else in state government) between the wealthy mainland or foreign real-estate speculator/investor who arrived two years ago to flip houses and the working-class (but non-Hawaiian) person of Japanese, Chinese, Filipino, etc, ancestry whose family came 100 years ago to slave in the sugar and pineapple fields.
I do apologize if mentioning this offends anyone or sounds racist. It is not intended to be racist in any way shape or form.
Lots of other issues could be listed but these are some of the "big ones"
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Some things I would include if I could write up a state constitution
(Warning: not everything here may be constitutional or practical)
Much of the stuff I put in about creating a local “Kamaaina class” and land issues is an attempt to address issues that are frustrating to most “local” folks who believe the existing state government system only serves the interests of a small political elite and wealthy nonresidents but not them. Some of these local people are even drifting towards some of the full-independence sovereignty groups, who so far are the only ones to seriously address these two issues. May not be constitutional today but at least these issues need to be brought up.
Initiative/Recall
Right of any state resident to place an initiative on the ballot or recall any elected state, county or municipal official or judge simply by collecting 1,000 signatures. This would be placed on the ballot in the next state election. If more than 10,000 signatures are collected, a special election would be called to take place not more than 3 months from the date the signatures are turned in.
Non-elected officials of state/county/local governments would be recalled by gathering signatures of 10% of the employees under their authority, and would be allowed in cases of alleged corruption, favoritism and all other criminal acts. Once recalled, ex-officials would be prosecuted to the fullest extent of the law.
Incorporation of new cities, towns and counties
Right for any community or district to incorporate as a city or town (exactly the same legally) by collecting signatures of 5% of the residents in the proposed new municipalities’ territory, then holding a special election of the residents of that territory. If a majority (50.0001% vote to incorporate, it would be approved). This would be similar to the incorporation laws of California, Washington and other mainland states.
New counties could be formed by this same process, and would have the same rights as cities (and existing counties) do now.
Immediately set up Molokai, Lanai and Niihau as separate counties.
No state or existing county agency or official may interfere in any way with the exercise of these incorporation rights.
City/town government rights would be similar to those in all mainland states and would include:
Having their own mayor/city manager and city council,
Their own police and fire department (could contract this out to other counties or cities if they are too small to do this on their own),
Right to establish local taxation and regulate businesses;
Right to set their own zoning/ planning (very important)
Forming their own school districts
Forming their own municipal water, sewer, gas and electric utilities.
And all other rights traditionally exercised by cities and towns in the mainland.
Conducting State (and local) Government
Immediately abolish the state department of education and form at a minimum one school district per island.
Immediately limit any campaign contributions to no more than $100 per person or corporation to any state or local elected officials. No exceptions. Period.
All other necessary campaign funding (newspaper ad space, etc) is given equally to all candidates. Media (TV/radio) air time will be donated without charge to all candidates as a condition of the TV/radio stations’ license.
Immediately ban all paid or hired lobbyists/lobbying to any state or local legislative body or agency. No exceptions.
Immediately strip all environmental groups, other NGOs/pressure groups and their legal defense funds/lawyers of any legal recognition beyond that of an individual ordinary citizen. (This is to break their undue and corrupting influence in government decision-making)
Immediately bring state and local gun ownership laws into strict accordance with the Second Amendment of the US Constitution.
Immediately do a complete and total IRS-style investigation of all state agencies (particularly the agencies formerly part of HCDCH), accounts, property and assets. Any current or former state government officials and employees or state contractors who committed any criminal mismanagement/embezzlement of state accounts/assets corruption, bribery or accepting bribes, nepotism, abusing their authority to cover up workplace crimes or obstruct justice, terrorizing or intimidating other employees or members of the public or any other crimes involving state employees, offices, property or assets, shall be prosecuted without mercy to the fullest extent of the law.
This law will be retroactive to all current state and county politicians and employees and also to government contractors involving their dealings with state or local government agencies.
Immediately ban the ACLU (American Civil Liberties Union) from conducting any activities of any kind in the State of Hawaii. Seize all of their assets (property, bank accounts, etc) held in this state.
All state and local elected officials may serve no more than two terms.
All state and local judges and heads of public safety agencies will be elected.
The state officially will do whatever possible to aid federal legislation for term limits for US senators and representatives of serving not more than two terms
Immediately ban all "no-bid" contracts involving state and local governments. No exceptions.
All awarded public-sector contracts must publically state in detail the reason the contract was awarded to the chosen contractor, and the names and titles of the state or local officials who made the decision to award and the executives of the contracting company. These officials must be able to explain this and answer questions to any state resident at any time upon request.
Business/Energy/Transportation
Encourage the establishment of new and existing agricultural and manufacturing businesses by repealing oppressive, unnecessary environmental and business regulations.
Immediately abolish all unnecessary environmental (as far as allowed by the federal government) that do not obviously protect the public health, safety, agriculture or fishing.
Immediately abolish all unnecessary business laws (as far as allowed by the federal government) that do not obviously protect the health and safety of employees or the public or actively guard against abusive or illegal business, employment or financial practices.
Lobby the federal government to likewise abolish its unnecessary environmental and other laws that impact Hawaii.
Ban any attempt to use any trendy but unproven pseudo-“scientific” fads or hypotheses (such as man-caused global warming) as the basis of any laws or regulations.
All scientific or technical reasoning cited for any laws or regulations must be demonstrable fact and not merely current fads or hypothesis.
Any new regulations on fishing or hunting will not apply to any member of the Kamaaina-class.
Kamaaina-class entrepreneurs would be eligible for no-interest loans and claim excess state or broken-up trust land for their new businesses in order to create locally-owned and operated businesses.
Businesses that would be particularly encouraged would be:
All agriculture:
Food crops and cash crops for export (sugar/pineapples/Mac nuts), flowers/decorative plants
Ranching, dairies, aquaculture (fish/shrimp/etc farms/ponds, etc)
Manufacturing:
All Items formerly made here in the last 50 years.
New or emerging technology
General manufacturing of products that are now excessively expensive and in high demand by Hawaii residents.
Transportation:
Grants, no-interest loans and right-of-way assistance (land in some cases) for new “common carrier” railroads, including reconstruction of formerly existing lines. Additional grants/incentives for using electrically powered (overhead wires or third rail) trains.
Remove the current ban on nuclear power plants and offer incentives to encourage construction of nuclear plants of the safest “state of the art” design (for Hawaiian conditions) if utilities decide that building a nuclear plant would be desirable.
Encourage development of hydroelectric and agricultural/industry cogeneration power plants (i.e. sugar mill power plants, etc) as well as practical and economically competitive types of solar/wind power projects.
If practical, incentives to construct an undersea power cable system interconnecting the electrical grids of all six major islands.
Offer incentives (a cash prize or patent rights) for economically competitive producing Ethanol or other useful fuels/chemicals from agricultural trash and household “green waste”.
The state officially will do whatever possible to aid any proposed federal legislation protecting Hawaii and nationwide industries and manufacturing from unfair foreign competition.
Immediately ban all outsourcing of any jobs from Hawaii to foreign countries.
Taxes
Establish a 1-page (one side) tax form for all state residents and small (less than 100 employees) businesses. This tax form must be clear and simple enough that the average high-school graduate can accurately calculate his or her taxes in less than 30 minutes.
All combined State and Local taxes can never be able to take more than 10 percent of a State resident person or family’s combined gross income.
Public Safety
Immediately reinstate a mandatory death penalty for the following crimes:
Murder
Rape
Child Molestation
Drug Dealing: Selling any amount of any illegal drug
Attempted murder causing severe, debilitating and permanent physical harm to the victim.
The mandatory death penalty will be retroactive and immediately in effect for all those currently in prison serving sentences for the above-listed crimes.
All executions will be in public, and will be carried out within 30 days of the court sentence being handed down. Only one appeal is allowed, to the governor.
Immediately All state or local government officials and employees convicted of corruption, embezzlement, bribery or accepting bribes, nepotism, abusing their authority to cover up crimes or obstruct justice, and terrorizing or intimidating other employees or members of the public shall be publically flogged and humiliated at the nearest public space to the scene of the crime, then sentenced to no less than 10 years in prison at hard labor. This law will be retroactive to all current state and county politicians and employees and also to government contractors for corruption, embezzlement, bribery and obstruction of justice involving their dealings with state or local government agencies.
Homeless and Illegals
All homeless persons who cannot prove that they have lived in Hawaii for at least 10 years and are not Kamaiina-class shall be (if able-bodied first publically flogged) immediately deported back to the mainland or country of origin.
All able-bodied resident single homeless persons who refuse to work or refuse treatment for chronic drug habits or alchoholism, shall be arrested and sentenced to 1 year on a chain gang.
Kamaaina-class persons or families who are currently homeless through no fault of their own (unable to pay high rents, personal tragedy, etc) shall be provided with financial assistance and land/a house of their own, and job/farming/business training/assistance as long as they are willing to use it to become self-sufficient.
All illegal aliens will be immediately arrested upon detection and turned over to Federal authorities for prosecution and deportation.
OHA
Abolish OHA and all its sub-agencies immediately on grounds that they have failed their duties and fiduciary obligations completely (as defined in the 1978 constitution). Do not create anything to take OHA’s place.
What about just immediately giving everyone on the DHHL list fee-simple title to their land (letting them move on it now) and then abolishing DHHL totally, now that their mission has been accomplished? (Instead of treating them like children who need to be looked after by the state as with the current lease system).
Trusts/Leaseholds
Breakup all residential and agricultural/conservation lands of the huge "Alii" and "Big-5" era "legacy" trusts. Anyone who is a "Kamaaina-class" resident who has lived continuously 5 years on land owned by one of these big trusts may claim it and receive immediate full fee-simple title to the land and buildings/improvements on it that they are using.
Completely ban any leaseholds on all non-commercial properties, and ban leaseholds of all industrial and infrastructure/utility properties. These would be given to the lessee for payment of the market value minus the lease payments over the last 20 years or since the start of the lease, whichever is sooner.
Trust beneficiaries would receive partial compensation by being given portions of assets/lands seized from foreign (non US) or felon criminal owners.
KSBE
Bishop Estate shall be left with only enough property to run the Kamehameha Schools (and set a side an improvement/rainy-day fund of no more than 10% of total KSBE yearly income) with free tuition for all students whose family income is less than $75,000 a year. All excess income/profits above this would be equally divided among the KSBE shareholders.
KSBE is immediately reorganized as a corporation with all parents of students currently enrolled, full-time permanent teachers and staff members, and alumni comprising the shareholders, each holding one share per person. The shareholders would elect a board of directors who would appoint corporate officers, exactly the same as in existing publicly-held business corporations. Any KSBE shareholder can initiate a recall of any corporate official or director by collecting 100 signatures of KSBE shareholders and stating the reason for the recall. A general recall election giving opportunity for all KSBE shareholders to vote will be held within 30 days.
Kamehameha Schools and other private schools may be able to discriminate based on Hawaiian ancestry as long as they accept no government funding in any form at all.
Immediately abolish the current KSBE trustee system in its entirety.
Immediately conduct a full-blown IRS-style investigation of KSBEs’ accounts and assets. Any current or former trustee, KSBE, state/county or other responsible official who committed any criminal mismanagement/embezzlement of KSBE assets or any other crimes involving KSBE shall be prosecuted without mercy to the fullest extent of the law.
Government Employees and Unions
Open Shop: Immediately allow all state and local government employees the right to choose to be a member of (or not to be in) a union. Allow any person to be hired, work and be promoted in any state or local government position without being a union member.
Immediately abolish all collective bargaining agreements of UPW and HGEA and other unions representing state and local employees, but only leaving wage and benefit conditions of these existing union contracts in place pending results of new employee elections.
All Promotions immediately will be based on merit only, not seniority.
Immediate firing and loss of all benefits to any government employee for committing any crime (other than minor traffic tickets) at work.
Land
Total ban on foreign (not a US citizen or corporation) ownership of any and all agricultural, residential, conservation and other lands. Only exceptions could be for certain already developed industrial and commercial buildings so foreign companies can still do business here. Buy out or seize all existing lands (except as mentioned above) held by foreigners.
Immediate and mandatory seizure of all property and assets belonging to convicted felons (any crime punishable by 1 year or more in prison).
Must be a permanent Hawaii state resident and US citizen (or legal resident alien who shows intent to become a US citizen and permanent Hawaii state resident by signing a legal form) to own any residential, agricultural or conservation land or house
(I realize this would probably destroy the states' real-estate/construction industry by itself as well as being problematic legally)
Immediately repeal the 1874 foreclosure law, replace it with one patterned after the most restrictive (hardest to foreclose on someone) laws of mainland states.
Give fee-simple title of the entire island of Niihau to its residents, paying the Robinson family of Kauai fair market value in cash and possibly seized properties as compensation.
Residency/Citizenship
State residency will be only for those who have lived here one (1) year and who intend to stay as permanent residents by signing an "intent" form (similar to most mainland states). It would allow the person to vote in state and county/municipal elections, and would formally start the waiting process to become legally recognized as a "Kamaaina-class" member.
Nonresidents, Part-year and "vacation" residents would not be able to vote or get any state/local benefits or apply for any state, county or municipal jobs. (Best if voting, etc would be restricted to "Kamaaina-class" persons but this would create US constitutional problems for sure)
A legal "Kamaaina" distinction or recognition of permanent (i.e. "local") residents of this state by the state government, defined as either being born and raised here or having both lived and worked here for at least 1/3 of your life (age) at time of application with no intention of leaving.
This legal class would replace that now existing for native Hawaiians. Local "born and raised" residents and their descendants who have moved to the mainland already would be immediately eligible for all of these Kamaaina benefits once they return here.
Kamaaina-class benefits would include:
No distinction or discrimination of any kind by the federal, state or local governments in the state would be allowed at all against any Kamaaina class members because of having Hawaiian blood or not having any Hawaiian blood.
Much reduced property taxes (based on income but should be not more than 0.5% of annual after-tax income of a person making over $50,000 or family over $75,000 nothing at all if under). Burden of property taxes shifted to nonresidents and non-Kamaaina residents and businesses.
Right to claim family land either taken wrongfully in the past or promised to them (or lived on as part of plantation work by sugar/pineapple plantations), unless already owned by another Kamaaina or their small business, or occupied by a major commercial, government or industrial building/structure (then they would be offered another land parcel of equal current market value or the original parcels current market value in its place). This includes all Kamaaina who still live on former plantation land and who are current or ex-plantation employees or descendants of current/former employees. These fee-simple titles shall immediately be offered to all "Kamaaina"-class members.
Excess state or broken-up alii/big-5 trust lands that are able to be used for home lots or agriculture shall be immediately made available to any Kamaaina-class-class member.
Access to traditional gathering/cultural practices (since most Hawaiian families include some non-Hawaiian but local (Kamaaina-class) members)
Social services (welfare, public housing, etc and all formerly Hawaiians-only government programs and priveledges)
I am well aware of the fact that some of these issues are not solvable at the state government level and would require changes in Federal law. Some may be even unconstitutional under current interpretations of our ultimate political document.
Some of these issues/ideas (in no particular order) are:
Cost of housing (rents and housing purchase prices, as well as property taxes) is where it is now completely unaffordable to almost all local residents. Home ownership (especially on Oahu and Maui) is increasingly becoming a privilege reserved only for the rich from the mainland and foreign countries.
Is the property structure of 19th-century Ireland our future?
The result is that thousands of local families must move to Las Vegas and other parts of the mainland, only to be replaced by short term and part-year migrants from the mainland and other countries. (This "short-term" designation does NOT include our military personnel, but the speculators and others who do not intend to stay and live and work here permanently).
Unstable "boom-bust" economy based on tourism and real-estate speculation/construction (tourism creates mostly low-paying jobs while construction jobs, though high-paying are very unstable according to the whims of real-estate and investment cycles in the mainland and foreign countries).
It seems to me that in the "bad old days" (like 20-40 years ago), when agriculture (sugar/pineapples) were still a significant part of the economy and we still had a lot of products (compared with now) manufactured here (cement, most "Hawaiian" and surf clothing, Honolulu Iron Works, dairies, ranching, etc. as examples), that the economy was much more stable than it is now and the normal economic cycles in tourism and real estate were dampened a lot by those other sectors of that economy which now no longer exist.
What to do about endemic corruption and favoritism that seems to completely saturate most levels of state government bureaucracy as well as much of the county level as well. Almost all of my friends and family tell me they don’t vote because they see no point in doing so. "Why should I just vote in a different set of crooks?" Many have never even registered to vote and are in their 40s and 50s now.
Explosion of "luxury" and resort developments and associated development, with no real or meaningful controls on growth. Paying off environmental groups and greasing the wheels of permitting agencies through timely election contributions to the "right" politicians seems to make almost any project get approved.
No attempt to have a popular referendum vote on critical issues or recall/initiative to kick out of office crooked politicians and judges.
No meaningful local government since separate cities and towns are not allowed to incorporate. (A leftover from the monarchy?)
The mess with DHHL and still excess delays in getting people on their list onto their lands (although somewhat better than a few years ago).
What about just giving everyone on the DHHL list fee-simple title to their land immediately and abolishing DHHL totally, now that their mission has been accomplished.
Selloff to developers/investors (and/or giveaway to OHA) of the ceded lands by the state. I thought that was completely illegal and unconstitutional under both the 1959 and 1978 state constitutions.
No distinction or recognition in OHA-Kau Inoa-Akaka bill (or anywhere else in state government) between the wealthy mainland or foreign real-estate speculator/investor who arrived two years ago to flip houses and the working-class (but non-Hawaiian) person of Japanese, Chinese, Filipino, etc, ancestry whose family came 100 years ago to slave in the sugar and pineapple fields.
I do apologize if mentioning this offends anyone or sounds racist. It is not intended to be racist in any way shape or form.
Lots of other issues could be listed but these are some of the "big ones"
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Some things I would include if I could write up a state constitution
(Warning: not everything here may be constitutional or practical)
Much of the stuff I put in about creating a local “Kamaaina class” and land issues is an attempt to address issues that are frustrating to most “local” folks who believe the existing state government system only serves the interests of a small political elite and wealthy nonresidents but not them. Some of these local people are even drifting towards some of the full-independence sovereignty groups, who so far are the only ones to seriously address these two issues. May not be constitutional today but at least these issues need to be brought up.
Initiative/Recall
Right of any state resident to place an initiative on the ballot or recall any elected state, county or municipal official or judge simply by collecting 1,000 signatures. This would be placed on the ballot in the next state election. If more than 10,000 signatures are collected, a special election would be called to take place not more than 3 months from the date the signatures are turned in.
Non-elected officials of state/county/local governments would be recalled by gathering signatures of 10% of the employees under their authority, and would be allowed in cases of alleged corruption, favoritism and all other criminal acts. Once recalled, ex-officials would be prosecuted to the fullest extent of the law.
Incorporation of new cities, towns and counties
Right for any community or district to incorporate as a city or town (exactly the same legally) by collecting signatures of 5% of the residents in the proposed new municipalities’ territory, then holding a special election of the residents of that territory. If a majority (50.0001% vote to incorporate, it would be approved). This would be similar to the incorporation laws of California, Washington and other mainland states.
New counties could be formed by this same process, and would have the same rights as cities (and existing counties) do now.
Immediately set up Molokai, Lanai and Niihau as separate counties.
No state or existing county agency or official may interfere in any way with the exercise of these incorporation rights.
City/town government rights would be similar to those in all mainland states and would include:
Having their own mayor/city manager and city council,
Their own police and fire department (could contract this out to other counties or cities if they are too small to do this on their own),
Right to establish local taxation and regulate businesses;
Right to set their own zoning/ planning (very important)
Forming their own school districts
Forming their own municipal water, sewer, gas and electric utilities.
And all other rights traditionally exercised by cities and towns in the mainland.
Conducting State (and local) Government
Immediately abolish the state department of education and form at a minimum one school district per island.
Immediately limit any campaign contributions to no more than $100 per person or corporation to any state or local elected officials. No exceptions. Period.
All other necessary campaign funding (newspaper ad space, etc) is given equally to all candidates. Media (TV/radio) air time will be donated without charge to all candidates as a condition of the TV/radio stations’ license.
Immediately ban all paid or hired lobbyists/lobbying to any state or local legislative body or agency. No exceptions.
Immediately strip all environmental groups, other NGOs/pressure groups and their legal defense funds/lawyers of any legal recognition beyond that of an individual ordinary citizen. (This is to break their undue and corrupting influence in government decision-making)
Immediately bring state and local gun ownership laws into strict accordance with the Second Amendment of the US Constitution.
Immediately do a complete and total IRS-style investigation of all state agencies (particularly the agencies formerly part of HCDCH), accounts, property and assets. Any current or former state government officials and employees or state contractors who committed any criminal mismanagement/embezzlement of state accounts/assets corruption, bribery or accepting bribes, nepotism, abusing their authority to cover up workplace crimes or obstruct justice, terrorizing or intimidating other employees or members of the public or any other crimes involving state employees, offices, property or assets, shall be prosecuted without mercy to the fullest extent of the law.
This law will be retroactive to all current state and county politicians and employees and also to government contractors involving their dealings with state or local government agencies.
Immediately ban the ACLU (American Civil Liberties Union) from conducting any activities of any kind in the State of Hawaii. Seize all of their assets (property, bank accounts, etc) held in this state.
All state and local elected officials may serve no more than two terms.
All state and local judges and heads of public safety agencies will be elected.
The state officially will do whatever possible to aid federal legislation for term limits for US senators and representatives of serving not more than two terms
Immediately ban all "no-bid" contracts involving state and local governments. No exceptions.
All awarded public-sector contracts must publically state in detail the reason the contract was awarded to the chosen contractor, and the names and titles of the state or local officials who made the decision to award and the executives of the contracting company. These officials must be able to explain this and answer questions to any state resident at any time upon request.
Business/Energy/Transportation
Encourage the establishment of new and existing agricultural and manufacturing businesses by repealing oppressive, unnecessary environmental and business regulations.
Immediately abolish all unnecessary environmental (as far as allowed by the federal government) that do not obviously protect the public health, safety, agriculture or fishing.
Immediately abolish all unnecessary business laws (as far as allowed by the federal government) that do not obviously protect the health and safety of employees or the public or actively guard against abusive or illegal business, employment or financial practices.
Lobby the federal government to likewise abolish its unnecessary environmental and other laws that impact Hawaii.
Ban any attempt to use any trendy but unproven pseudo-“scientific” fads or hypotheses (such as man-caused global warming) as the basis of any laws or regulations.
All scientific or technical reasoning cited for any laws or regulations must be demonstrable fact and not merely current fads or hypothesis.
Any new regulations on fishing or hunting will not apply to any member of the Kamaaina-class.
Kamaaina-class entrepreneurs would be eligible for no-interest loans and claim excess state or broken-up trust land for their new businesses in order to create locally-owned and operated businesses.
Businesses that would be particularly encouraged would be:
All agriculture:
Food crops and cash crops for export (sugar/pineapples/Mac nuts), flowers/decorative plants
Ranching, dairies, aquaculture (fish/shrimp/etc farms/ponds, etc)
Manufacturing:
All Items formerly made here in the last 50 years.
New or emerging technology
General manufacturing of products that are now excessively expensive and in high demand by Hawaii residents.
Transportation:
Grants, no-interest loans and right-of-way assistance (land in some cases) for new “common carrier” railroads, including reconstruction of formerly existing lines. Additional grants/incentives for using electrically powered (overhead wires or third rail) trains.
Remove the current ban on nuclear power plants and offer incentives to encourage construction of nuclear plants of the safest “state of the art” design (for Hawaiian conditions) if utilities decide that building a nuclear plant would be desirable.
Encourage development of hydroelectric and agricultural/industry cogeneration power plants (i.e. sugar mill power plants, etc) as well as practical and economically competitive types of solar/wind power projects.
If practical, incentives to construct an undersea power cable system interconnecting the electrical grids of all six major islands.
Offer incentives (a cash prize or patent rights) for economically competitive producing Ethanol or other useful fuels/chemicals from agricultural trash and household “green waste”.
The state officially will do whatever possible to aid any proposed federal legislation protecting Hawaii and nationwide industries and manufacturing from unfair foreign competition.
Immediately ban all outsourcing of any jobs from Hawaii to foreign countries.
Taxes
Establish a 1-page (one side) tax form for all state residents and small (less than 100 employees) businesses. This tax form must be clear and simple enough that the average high-school graduate can accurately calculate his or her taxes in less than 30 minutes.
All combined State and Local taxes can never be able to take more than 10 percent of a State resident person or family’s combined gross income.
Public Safety
Immediately reinstate a mandatory death penalty for the following crimes:
Murder
Rape
Child Molestation
Drug Dealing: Selling any amount of any illegal drug
Attempted murder causing severe, debilitating and permanent physical harm to the victim.
The mandatory death penalty will be retroactive and immediately in effect for all those currently in prison serving sentences for the above-listed crimes.
All executions will be in public, and will be carried out within 30 days of the court sentence being handed down. Only one appeal is allowed, to the governor.
Immediately All state or local government officials and employees convicted of corruption, embezzlement, bribery or accepting bribes, nepotism, abusing their authority to cover up crimes or obstruct justice, and terrorizing or intimidating other employees or members of the public shall be publically flogged and humiliated at the nearest public space to the scene of the crime, then sentenced to no less than 10 years in prison at hard labor. This law will be retroactive to all current state and county politicians and employees and also to government contractors for corruption, embezzlement, bribery and obstruction of justice involving their dealings with state or local government agencies.
Homeless and Illegals
All homeless persons who cannot prove that they have lived in Hawaii for at least 10 years and are not Kamaiina-class shall be (if able-bodied first publically flogged) immediately deported back to the mainland or country of origin.
All able-bodied resident single homeless persons who refuse to work or refuse treatment for chronic drug habits or alchoholism, shall be arrested and sentenced to 1 year on a chain gang.
Kamaaina-class persons or families who are currently homeless through no fault of their own (unable to pay high rents, personal tragedy, etc) shall be provided with financial assistance and land/a house of their own, and job/farming/business training/assistance as long as they are willing to use it to become self-sufficient.
All illegal aliens will be immediately arrested upon detection and turned over to Federal authorities for prosecution and deportation.
OHA
Abolish OHA and all its sub-agencies immediately on grounds that they have failed their duties and fiduciary obligations completely (as defined in the 1978 constitution). Do not create anything to take OHA’s place.
What about just immediately giving everyone on the DHHL list fee-simple title to their land (letting them move on it now) and then abolishing DHHL totally, now that their mission has been accomplished? (Instead of treating them like children who need to be looked after by the state as with the current lease system).
Trusts/Leaseholds
Breakup all residential and agricultural/conservation lands of the huge "Alii" and "Big-5" era "legacy" trusts. Anyone who is a "Kamaaina-class" resident who has lived continuously 5 years on land owned by one of these big trusts may claim it and receive immediate full fee-simple title to the land and buildings/improvements on it that they are using.
Completely ban any leaseholds on all non-commercial properties, and ban leaseholds of all industrial and infrastructure/utility properties. These would be given to the lessee for payment of the market value minus the lease payments over the last 20 years or since the start of the lease, whichever is sooner.
Trust beneficiaries would receive partial compensation by being given portions of assets/lands seized from foreign (non US) or felon criminal owners.
KSBE
Bishop Estate shall be left with only enough property to run the Kamehameha Schools (and set a side an improvement/rainy-day fund of no more than 10% of total KSBE yearly income) with free tuition for all students whose family income is less than $75,000 a year. All excess income/profits above this would be equally divided among the KSBE shareholders.
KSBE is immediately reorganized as a corporation with all parents of students currently enrolled, full-time permanent teachers and staff members, and alumni comprising the shareholders, each holding one share per person. The shareholders would elect a board of directors who would appoint corporate officers, exactly the same as in existing publicly-held business corporations. Any KSBE shareholder can initiate a recall of any corporate official or director by collecting 100 signatures of KSBE shareholders and stating the reason for the recall. A general recall election giving opportunity for all KSBE shareholders to vote will be held within 30 days.
Kamehameha Schools and other private schools may be able to discriminate based on Hawaiian ancestry as long as they accept no government funding in any form at all.
Immediately abolish the current KSBE trustee system in its entirety.
Immediately conduct a full-blown IRS-style investigation of KSBEs’ accounts and assets. Any current or former trustee, KSBE, state/county or other responsible official who committed any criminal mismanagement/embezzlement of KSBE assets or any other crimes involving KSBE shall be prosecuted without mercy to the fullest extent of the law.
Government Employees and Unions
Open Shop: Immediately allow all state and local government employees the right to choose to be a member of (or not to be in) a union. Allow any person to be hired, work and be promoted in any state or local government position without being a union member.
Immediately abolish all collective bargaining agreements of UPW and HGEA and other unions representing state and local employees, but only leaving wage and benefit conditions of these existing union contracts in place pending results of new employee elections.
All Promotions immediately will be based on merit only, not seniority.
Immediate firing and loss of all benefits to any government employee for committing any crime (other than minor traffic tickets) at work.
Land
Total ban on foreign (not a US citizen or corporation) ownership of any and all agricultural, residential, conservation and other lands. Only exceptions could be for certain already developed industrial and commercial buildings so foreign companies can still do business here. Buy out or seize all existing lands (except as mentioned above) held by foreigners.
Immediate and mandatory seizure of all property and assets belonging to convicted felons (any crime punishable by 1 year or more in prison).
Must be a permanent Hawaii state resident and US citizen (or legal resident alien who shows intent to become a US citizen and permanent Hawaii state resident by signing a legal form) to own any residential, agricultural or conservation land or house
(I realize this would probably destroy the states' real-estate/construction industry by itself as well as being problematic legally)
Immediately repeal the 1874 foreclosure law, replace it with one patterned after the most restrictive (hardest to foreclose on someone) laws of mainland states.
Give fee-simple title of the entire island of Niihau to its residents, paying the Robinson family of Kauai fair market value in cash and possibly seized properties as compensation.
Residency/Citizenship
State residency will be only for those who have lived here one (1) year and who intend to stay as permanent residents by signing an "intent" form (similar to most mainland states). It would allow the person to vote in state and county/municipal elections, and would formally start the waiting process to become legally recognized as a "Kamaaina-class" member.
Nonresidents, Part-year and "vacation" residents would not be able to vote or get any state/local benefits or apply for any state, county or municipal jobs. (Best if voting, etc would be restricted to "Kamaaina-class" persons but this would create US constitutional problems for sure)
A legal "Kamaaina" distinction or recognition of permanent (i.e. "local") residents of this state by the state government, defined as either being born and raised here or having both lived and worked here for at least 1/3 of your life (age) at time of application with no intention of leaving.
This legal class would replace that now existing for native Hawaiians. Local "born and raised" residents and their descendants who have moved to the mainland already would be immediately eligible for all of these Kamaaina benefits once they return here.
Kamaaina-class benefits would include:
No distinction or discrimination of any kind by the federal, state or local governments in the state would be allowed at all against any Kamaaina class members because of having Hawaiian blood or not having any Hawaiian blood.
Much reduced property taxes (based on income but should be not more than 0.5% of annual after-tax income of a person making over $50,000 or family over $75,000 nothing at all if under). Burden of property taxes shifted to nonresidents and non-Kamaaina residents and businesses.
Right to claim family land either taken wrongfully in the past or promised to them (or lived on as part of plantation work by sugar/pineapple plantations), unless already owned by another Kamaaina or their small business, or occupied by a major commercial, government or industrial building/structure (then they would be offered another land parcel of equal current market value or the original parcels current market value in its place). This includes all Kamaaina who still live on former plantation land and who are current or ex-plantation employees or descendants of current/former employees. These fee-simple titles shall immediately be offered to all "Kamaaina"-class members.
Excess state or broken-up alii/big-5 trust lands that are able to be used for home lots or agriculture shall be immediately made available to any Kamaaina-class-class member.
Access to traditional gathering/cultural practices (since most Hawaiian families include some non-Hawaiian but local (Kamaaina-class) members)
Social services (welfare, public housing, etc and all formerly Hawaiians-only government programs and priveledges)
Replies to This Discussion
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Permalink Reply by Dan L. on -
I'm just getting into this discussion, as I've been away from the site for a few weeks due to press of other matters.
That's quite a laundry list you set out! As I see it, the problem is (in common with many posts here) that you're taking social and legal issues and trying to freeze them into a Constitution. I think that seriously misstates the purpose of a Constitution. A Constitution is a framework within which to make law, nothing more. Outlawing specific organizations in a Constitution is a thoroughly wrong-headed idea. So is mandating capital punishment for specific crimes.
I am very troubled by the notion of setting up more classes of specially-recognized citizens. The Native Hawai‘ians are obviously in a different category; they were here first, clearly have a very special place in this state's culture and history, and have every right to special status. But class membership based on the reason one's ancestors came here? Pretty shaky! In my view, totally unnecessary as well.
By the way, I believe every state in the Union has a State Department of Education. All but one (Hawai‘i) also have local school districts. Many things are best done at the state level: teacher standards, course requirements, the mandatory state-wide testing that we now have to contend with, etc. This does not at all conflict with local school districts, and indeed makes it far easier for local school districts to function.
I wish you would go back and look at your list. Which things belong in a framework of government? Obviously, iniative, referendum, and recall (also one of my pet hobby-horses) clearly are constitutional matters. Equally obviously (in my opinion), breaking up the Kamehameha Schools does not -- and furthermore, it's almost certainly unconstitutional and (again, my opinion) extremely undesirable. Take another look when your back isn't hurting!
Aloha!
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Permalink Reply by Mike on -
I dont know much about Con-Cons but I would definetly support one if we could bring some of these ideas up.
Like affordable housing for the "Kamaaina class" and "bringing state and local gun ownership laws into strict accordance with the Second Amendment of the US Constitution."
I don't understand why anyone would be against a con-con considering all the serious problems we face that are not being addressed by those we have elected into authority.
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Permalink Reply by Roger Bertschi on -
Mike said:one more thought... killing non-violent criminals is murder.
Dear Mike,
Threre are a few classes of crime that, while maybe "non-violent" in the strictest sense of the word, are just as (or even more) destructive to their victims and society than many violent ones. Child molesters and drug dealers spring immediately to mind. They deserve the most severe penalty possible as their acts completely destroy innocent lives (molesters) or (drug dealers) are really just committing murder/attempted murder in slow motion (the real difference being that death of their vicims usually takes months or years rather than seconds or minutes).
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Permalink Reply by Mike on
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Killing people for doing the same thing that major corporations do on a global level is ridiculous. I could never agree to such hypocrisy. So if you want to kill "murderers" you should know Alcohol kills about 90,000 people a year in the United States. Tobacco kills about 400,000 people in the U.S. When cocaine, heroine, and meth combined kills about 7,000 people a year in the U.S. There has never been a recorded death due to marijuana. But lets not get any further off topic. This forum is about Con-Con.
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Permalink Reply by Jo on -
You have a lot of great thoughts here...I only wish we could have more representatives like you who have some 'balls' to say what a lot of us actually think and share belief in.
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