THE SENATE
OF THE
TWENTY-FOURTH LEGISLATURE
STATE OF HAWAI'I
REGULAR SESSION OF 2008
FORTY-NINTH DAY
April 14, 2008-Monday-11:30 O'CLOCK A.M.
ORDER OF BUSINESS
Invocation by Ms. Elenoa Fuka
Office of the Honorable Gordon Trimble
Hawai‘i State Senate
Roll Call
Approval of the Journal
Introductions
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REFERRAL |
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Dated April 10, 2008, transmitting a Report on General Fund Information Regarding Boiler and Elevator Safety for Fiscal Year Ending June 30, 2007, prepared by the Department of Labor and Industrial Relations pursuant to Chapter 397, HRS. |
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Informing the Senate that on April 11, 2008, the Governor signed the following bill into law: hb2169 (Act 009). |
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Informing the Senate that on April 11, 2008, the Governor signed the following bill into law: SB45 (Act 010) |
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Informing the Senate that on April 11, 2008, the following House Concurrent Resolutions were adopted in the House: |
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701 |
"APPROVING AND AUTHORIZING THE ESTABLISHMENT OF A STATE-PROVINCE AFFILIATION BETWEEN THE STATE OF HAWAII OF THE UNITED STATES OF AMERICA AND THE PROVINCE OF NEGROS ORIENTAL OF THE REPUBLIC OF THE PHILIPPINES."(State-Province Affiliation; Negros Oriental Province) |
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702 |
"REQUESTING THE AUDITOR TO CONDUCT A STUDY ON THE IMPACT OF ACT 226, SESSION LAWS OF HAWAII 2007, ON NURSE AIDES WHO ARE EMPLOYED IN STATE-CERTIFIED OR STATE-LICENSED HEALTH CARE SETTINGS TO PROVIDE A BASIS FOR THE LEGISLATURE TO DECIDE WHETHER TO AMEND ACT 226, SESSION LAWS OF HAWAII 2007."(Requesting the Auditor to Study the Impact of Act 226, SLH 2007) |
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703 |
"REQUESTING THE DEPARTMENT OF TAXATION TO CONDUCT A STUDY ON THE FEASIBILITY OF ESTABLISHING COMPUTER GENERATED AUTO-CALCULATING TAX FORMS."(Taxation; Auto-Calculating Tax Forms) |
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704 |
"REQUESTING THE HAWAII TOURISM AUTHORITY TO NEGOTIATE A CONTRACT EXTENSION WITH THE NATIONAL FOOTBALL LEAGUE TO KEEP THE PRO BOWL IN HONOLULU."(Contract extension with the National Football League to keep the Pro Bowl in Honolulu) |
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705 |
"REQUESTING A SUNRISE REVIEW ON THE REGULATION OF PERSONS WHO APPREHEND BAIL FUGITIVES."(Sunrise Review; Bail Agents) |
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706 |
"MANDATING THE CREATION OF A SINGLE WEBSITE FOR PUBLIC ACCESS TO STATE EXPENDITURES."(Website; government expenditures) |
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707 |
"REQUESTING A FEASIBILITY STUDY ON IMPLEMENTING THE BEST PRACTICE OF FRONT LOADING REPAIR AND MAINTENANCE COSTS OF STATE FACILITIES FOR SET ASIDE FOR EVENTUAL FUTURE REPAIR AND MAINTENANCE COSTS."(Repair and maintenance; best practice; study) |
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708 |
"REQUESTING THE PROCUREMENT OFFICER OF THE DEPARTMENT OF TRANSPORTATION TO PREPARE A REPORT EXPLAINING THE PROCUREMENT PROCESS USED TO AWARD THE HONOLULU WIKI WIKI SERVICE CONTRACT."(Wiki Wiki airport shuttle service.) |
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709 |
"REQUESTING THE AUDITOR TO ASSESS THE SOCIAL AND FINANCIAL EFFECTS OF REQUIRING HEALTH INSURERS TO PROVIDE COVERAGE FOR DIAGNOSIS AND TREATMENT OF AUTISM SPECTRUM DISORDERS."(Autism Spectrum Disorders; Mandatory Health Coverage) |
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710 |
"ESTABLISHING A TASK FORCE TO REVIEW THE RETIREMENT AGE FOR STATE COURT JUSTICES AND JUDGES; THE TERM LIMITS OF STATE COURT JUSTICES AND JUDGES; THE POSSIBILITY OF ESTABLISHING A SENIOR JUDGE SYSTEM FOR STATE COURT JUSTICES AND JUDGES; JUDICIAL ACCOUNTABILITY AND FITNESS IN THE STATE OF HAWAII; AND RELATED MATTERS."(State Courts; Judges; Retirement Age) |
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711 |
"REQUESTING THE BOARD OF EDUCATION TO STUDY SCHOOL BUS SEAT BELT POLICIES AND COMPILE DATA RELATING TO SCHOOL BUS SAFETY AND TO REPORT TO THE LEGISLATURE WITH RECOMMENDATIONS."(Department of Education; School Bus Seat Belt Use) |
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712 |
"STRONGLY URGING THE UNITED STATES CONGRESS TO ENACT FEDERAL LEGISLATION TO ALLOW HAWAII TO REGULATE AIR CARRIERS OPERATING BETWEEN ISLANDS IN THE STATE UNDER THE HAWAII REVISED STATUTES."(Hawaii Regulation of Air Carriers; Federal Legislation; Monopoly) |
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713 |
"REQUESTING THE ESTABLISHMENT OF A RELATIONSHIP BETWEEN THE STATE OF HAWAII AND THE ISLANDS OF POLYNESIA."(Islands of Polynesia; Relationship) |
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714 |
"REQUESTING THE AUDITOR TO EXAMINE UPCOMING CONDOMINIUM LEASEHOLD EXPIRATIONS AND THEIR IMPACT ON THE AVAILABILITY OF REPLACEMENT AND AFFORDABLE HOUSING FOR HAWAII RESIDENTS."(Condominium Leasehold Expirations; Affordable Housing; Auditor) |
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715 |
"REQUESTING THE UNIVERSITY OF HAWAII JOHN A. BURNS SCHOOL OF MEDICINE'S TELEHEALTH RESEARCH INSTITUTE TO FORM A TASK FORCE TO REVIEW THE POTENTIAL EXPANSION OF THE CURRENT PRACTICES AND EQUIPMENT OF HAWAII'S TELEMEDICINE SYSTEM."(Health; Telemedicine) |
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716 |
"REQUESTING THAT THE LEGISLATIVE REFERENCE BUREAU CONDUCT A FEASIBILITY STUDY ON THE USE OF POLYSTYRENE FOAM ALTERNATIVE PRODUCTS IN HAWAII."() |
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717 |
"REQUESTING THE AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE DEPARTMENT OF PUBLIC SAFETY, MAINLAND AND FDC BRANCH, ON CONTRACT COMPLIANCE OF PRIVATE PRISONS THAT HOUSE HAWAII INMATES."(Performance Audit of Private Mainland Prisons) |
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718 |
"REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY THE COST OF CONVENING A CONSTITUTIONAL CONVENTION."(Constitutional Convention; LRB Study) |
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719 |
"REQUESTING THAT THE DEPARTMENT OF AGRICULTURE CONVENE A TASK FORCE TO DEVISE A PLAN WITHIN ONE YEAR TO TIMELY EXPEDITE THE INTRODUCTION AND DELIVERY OF HAWAIIAN CACAO TO THE MARKETPLACE."(Task Force; Cacao) |
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720 |
"REQUESTING THE ATTORNEY GENERAL TO REVIEW AND SUBMIT A LEGAL OPINION REGARDING WHETHER VACATION RENTAL USES IN SINGLE-FAMILY DWELLINGS AND FARM DWELLINGS IN STATE AGRICULTURAL DISTRICTS ARE PROHIBITED UNDER CHAPTER 205, HAWAII REVISED STATUTES."(Attorney General; Vacation Rentals) |
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721 |
"REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY THE EFFECTS OF MEDICAL TORT REFORM ON ACCESS TO HEALTH CARE."(Legislative Reference Bureau; Medical Tort Reform) |
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722 |
"URGING THE COUNTIES TO ADOPT AND IMPLEMENT GRAY WATER RECYCLING PROGRAMS FOR RESIDENTIAL IRRIGATION PURPOSES AS PROVIDED UNDER THE UNIFORM PLUMBING CODE STANDARDS."(Counties; Gray Water Standards) |
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723 |
"REQUESTING THE JUDICIARY TO REPORT ON THE FEASIBILITY OF CREATING A FIFTH JUDGE OF THE CIRCUIT COURT OF THE SECOND CIRCUIT AND HOLDING SESSIONS ON MOLOKAI UNDER CERTAIN CIRCUMSTANCES."(Judiciary; Circuit Courts) |
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Returning the following Senate Concurrent Resolution which was adopted by the House on April 11, 2008, in an amended form: |
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724 |
"REQUESTING THE PRESIDENT OF THE UNITED STATES TO ENTER INTO A FREE TRADE AGREEMENT WITH TAIWAN."(Taiwan Free Trade Agreement) |
AGREE/DISAGREE |
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Informing the Senate that on April 11, 2008, the House reconsidered its action in disagreeing to the amendments proposed by the Senate to the following House Bills: |
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725 |
"RELATING TO ESTABLISHING A GLOBAL YOUTH CENTER."(Global Youth Center) |
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"RELATING TO HARBORS."(Harbors; Noise; Scaling Exemption) |
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"RELATING TO FIREWORKS."(Display Fireworks; Consumer Fireworks; Permits; Minors) |
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726 |
"RELATING TO COMPTROLLER SUPERVISION OF ACCOUNTS."(UH; Preaudit) |
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"RELATING TO INVASIVE SPECIES."(Invasive Species; Restricted Plants; Noxious weeds) |
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727 |
"RELATING TO DENTISTRY."(Dentistry) |
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Informing the Senate that on April 14, 2008, the House appointed Conferees to the following Senate Bills: |
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728 |
FILE |
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Informing the Senate that on April 14, 2008, the House appointed Conferees to the following House Bills: |
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729 |
FILE |
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Informing the Senate that on April 14, 2008, the House made changes to conferee assignments to the following bill: |
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730 |
H.B. No. 1292, H.D. 1, S.D. 2, C.D. 1 "RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM."
Representative M. Oshiro replaced Representative Nakasone as Co-Chair. |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Hawai'i, Gubernatorial Nominee, KU H. KAHAKALAU PHD, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Hawai'i, Gubernatorial Nominee, GENE KALEOLANI LESLIE, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Islands of Maui and Lanai, Gubernatorial Nominee, JAMES BALLAO, for a term to expire 6-30-2009."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Islands of Maui and Lanai, Gubernatorial Nominee, JOHN B. NAEOLE, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Islands of Kaua'i and Ni'ihau, Gubernatorial Nominee, MARK S. HUBBARD SPHR, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Islands of Kaua'i and Ni'ihau, Gubernatorial Nominee, MICHAEL Y.M. LOO, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Islands of Kaua'i and Ni'ihau, Gubernatorial Nominee, SANDRA P. QUINSAAT, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Oahu, Gubernatorial Nominee, ANGELA LISA LEIMAILE EHIA-QUITEVIS, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Oahu, Gubernatorial Nominee, HINALEIMOANA K.K. WONG, for a term to expire 6-30-2008."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Oahu, Gubernatorial Nominee, HINALEIMOANA K.K. WONG, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Oahu, Gubernatorial Nominee, SHAD S. KANE, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, MALIA K.H. AKUTAGAWA ESQ., for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, FRANCES COBB-ADAMS, for a term to expire 6-30-2011."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, SUE ANN M.M. HASEGAWA, for a term to expire 6-30-2010."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, KEKAMAIKAIKAMAIKALANI HELM, for a term to expire 6-30-2010."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, ELROY K.M. MALO, for a term to expire 6-30-2008."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, ELROY K.M. MALO, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, JERSULA L. MANABA, for a term to expire 6-30-2008."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, JERSULA L. MANABA, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(AHW) |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, MICHELLE KANANIONAPUA AYAU PESCAIA, for a term to expire 6-30-2011."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPH) |
"Submitting for consideration and confirmation to the State Boxing Commission of Hawai'i, Gubernatorial Nominee, HERBERT B. MINN, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPH) |
"Submitting for consideration and confirmation to the Board of Examiners in Optometry, Gubernatorial Nominee, TIMOTHY H. MOON OD, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPH) |
"Submitting for consideration and confirmation to the Board of Pharmacy, Gubernatorial Nominee, PATRICK LEE ADAMS, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPH) |
"Submitting for consideration and confirmation to the Public Utilities Commission (PUC), Gubernatorial Nominee, LESLIE HARUO KONDO, for a term to expire 6-30-2014."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPH) |
"Submitting for consideration and confirmation to the Board of Private Detectives and Guards, Gubernatorial Nominee, DOUGLAS HIROSHI INOUYE, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPH) |
"Submitting for consideration and confirmation to the Board of Speech Pathology and Audiology, Gubernatorial Nominee, JOSEPH C. SNIEZEK MD, FACS, for a term to expire 6-30-2011."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(WTL) |
"Submitting for consideration and confirmation to the Hawai'i Community Development Authority (HCDA), Gubernatorial Nominee, JONATHAN WAI YUN LAI, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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ORDER OF THE DAY
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WTL |
"Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, LISA M. JUDGE, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Molokai Irrigation System Water Users Advisory Board, Gubernatorial Nominee, JAMES A. BOSWELL, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Molokai Irrigation System Water Users Advisory Board, Gubernatorial Nominee, RICHARD K. WHEELER, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Molokai Irrigation System Water Users Advisory Board, Gubernatorial Nominee, AUDWIN A. CALAIRO, for a term to expire 6-30-2011." |
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AHW |
"Submitting for consideration and confirmation to the Board of Agriculture, Gubernatorial Nominee, LEE DOUGLAS MACCLUER, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Board of Directors of the Agribusiness Development Corporation, Gubernatorial Nominee, ROBERT EARL COOPER, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Board of Directors of the Agribusiness Development Corporation, Gubernatorial Nominee, ROBERT V. OSGOOD, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Kaho'olawe Island Reserve Commission, Gubernatorial Nominee, CHARLES P. M. K. BURROWS EDD, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee, DON R. GERBIG, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee, SEAN O'KEEFE, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee, DARREN J. STRAND, for a term to expire 6-30-2012." |
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PBS |
"Submitting for consideration and confirmation to the Correctional Industries Advisory Committee, Gubernatorial Nominee, THOMAS K. SING, for a term to expire 6-30-2012." |
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PBS |
"Submitting for consideration and confirmation to the Wireless Enhanced 911 Board, Gubernatorial Nominee, CEDRIC K. APAKA, for a term to expire 12-31-2010." |
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PBS |
"Submitting for consideration and confirmation to the Wireless Enhanced 911 Board, Gubernatorial Nominee, PAUL K. FERREIRA, for a term to expire 6-30-2012." |
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PBS |
"Submitting for consideration and confirmation to the Wireless Enhanced 911 Board, Gubernatorial Nominee, RUSSELL D. LUNDBERG, for a term to expire 12-31-2010." |
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"RELATING TO ELDER AFFAIRS."
(Policy Advisory Board for Elder Affairs; Issuance of Policy) |
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"RELATING TO INCOME TAX CREDIT."
(Mandatory Tax Credit; Constitution) |
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"RELATING TO THE MUSEUM OF HAWAIIAN MUSIC AND DANCE."
(Museum of Hawaiian Music and Dance; Extension) |
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"RELATING TO METAL."
(Scrap Metal; Theft) |
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"RELATING TO INTRA-COUNTY FERRY SERVICE."
(Intra-County Ferry; Mooring Space; Priority; Fuel Tax Exemption) |
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"RELATING TO DISASTER RELIEF."
(Disaster Relief; Emergency Powers; Clarification) |
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"RELATING TO PUBLIC LANDS."
(Public Streets, Roads, and Highways; Ownership in Dispute) |
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"RELATING TO MILK."
(Milk Industry; Strategic Plan) |
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"RELATING TO BUSINESS REGISTRATION."
(Business Registration; Corporation Dissolution) |
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"RELATING TO MOTOR VEHICLE DRIVER'S LICENSE."
(Motor Vehicle Driver License; U.S. Armed Forces) |
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"RELATING TO CANCER."
(Cervical and Breast Cancer Screening; Transfer of Funds) |
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Discharge of Conferees; Reconsideration of Disagreement to House Amendments; One Day Notice for Final Reading
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JDL, WAM |
"RELATING TO LABOR." (Labor; Wages and Hours; Emergencies; Suspension) |
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Reconsideration of Disagreement to House Amendments; One Day Notice for Final Reading
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JDL, WAM |
" RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM." (ERS; Information from Employers; Direct Deposit of Refunds)
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JDL, WAM |
"RELATING TO FEDERAL TAX QUALIFICATION OF THE EMPLOYEES' RETIREMENT SYSTEM." (ERS; Membership of Elective Officers and Judges)
|
|
|
|
|
|
|
JDL/HTH, WAM |
"RELATING TO ADJUSTING THE ANNUAL PENSIONS OF RETIRED PATIENT EMPLOYEES AT HANSEN'S DISEASE FACILITIES." (Pensions of Hansen's Disease Facilities Employees)
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· Committee Hearing Schedule:
|
COMMITTEE |
DATE & TIME |
ROOM |
|
EDU |
4/14/2008 1:15 PM |
225 |
|
EDU |
4/14/2008 2:45 PM |
225 |
|
EDU/AHW |
4/14/2008 2:45 PM |
225 |
|
EDU/EDT |
4/14/2008 2:45 PM |
225 |
|
EDU/HSP |
4/14/2008 2:45 PM |
225 |
|
EDU/HTH |
4/14/2008 2:45 PM |
225 |
|
TSG |
4/15/2008 1:00 PM |
229 |
|
AHW |
4/15/2008 1:15 PM |
414 |
|
EDU |
4/16/2008 1:15 PM |
225 |
|
HSP |
4/17/2008 8:30 AM |
229 |
|
EDT |
4/17/2008 1:15 PM |
224 |
|
|
|
|