THE SENATE
OF THE
TWENTY-FOURTH LEGISLATURE
STATE OF HAWAI'I
REGULAR SESSION OF 2008
FIFTY-SIXTH DAY
April 23, 2008-Wednesday-11:30 O'CLOCK A.M.
ORDER OF BUSINESS
Invocation by The Reverend Irene Matsumoto
Palolo Kwannon Temple
Roll Call
Approval of the Journal
Introductions
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MEASURE |
TITLE |
REFERRAL |
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Informing the Senate that on April 22, 2008, the Governor signed the following bill into law: HB2165 (Act 023).
"RELATING TO NURSING." |
FILE |
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Informing the Senate that on April 22, 2008, the Governor signed the following bill into law: HB2441 (Act 024).
"RELATING TO WORKERS' COMPENSATION." |
FILE |
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Informing the Senate that on April 22, 2008, the Governor signed the following bill into law: HB647 HD2 (Act 025).
"RELATING TO ENERGY." |
FILE |
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Informing the Senate that on April 22, 2008, the Governor signed the following bill into law: HB2523 (Act 026).
"RELATING TO THE LAND USE COMMISSION." |
FILE |
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Informing the Senate that on April 22, 2008, the Governor signed the following bill into law: HB2696 HD2 (Act 027).
"RELATING TO THE BOARD OF THE JUDICIARY HISTORY CENTER." |
FILE |
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Informing the Senate that on April 22, 2008, the Governor signed the following bill into law: SB2401 SD1 (Act 028).
"RELATING TO CONDOMINIUMS: MAKING VARIOUS TECHNICAL AMENDMENTS TO THE HAWAII REVISED STATUTES FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, AND CLARIFYING LANGUAGE." |
FILE |
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Informing the Senate that on April 22, 2008, the Governor signed the following bill into law: SB3068 SD1 HD1 (Act 029).
"MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HEALTH FOR THE ADULT MENTAL HEALTH DIVISION." |
FILE |
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Informing the Senate that on April 22, 2008, the Governor signed the following bill into law: HB3161 (Act 030).
"MAKING AN EMERGENCY APPROPRIATION TO THE HAWAII HEALTH SYSTEMS CORPORATION." |
FILE |
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Submitting for consideration and confirmation to the Board of Regents of the University of Hawaii, Gubernatorial Nominee, JOSHUA J. WINGSTROM, for a term to expire 6-30-2009. |
EDU |
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Submitting for consideration and confirmation to the Board of Regents of the University of Hawaii, Gubernatorial Nominee, HOWARD H. KARR, for a term to expire 6-30-2011. |
EDU |
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Submitting for consideration and confirmation to the Board of Regents of the University of Hawaii, Gubernatorial Nominee, DENNIS I. HIROTA PHD, PE, LPLS, for a term to expire 6-30-2012. |
EDU |
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Informing the Senate that on April 22, 2008, the Governor has withdrawn KWANG CHAI, Gubernatorial Nominee to the Board of Acupuncture from consideration by the Senate (GM295). |
FILE |
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Informing the Senate that on April 22, 2008, the Governor returned the following bill without approval: SB868 SD2.
"RELATING TO BOARDS AND COMMISSIONS." |
FILE |
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Informing the Senate that on April 22, 2008, the Governor returned the following bill without approval: SB2898 SD1.
"RELATING TO THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE." |
FILE |
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Informing the Senate that on April 22, 2008, the House agreed to the amendments proposed by the Senate and that said bills passed Final Reading in the House: |
REFERRAL |
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788 |
"RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION."(Agribusiness Development Corporation; Board of Directors; Strategic Plan) |
FILE |
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"RELATING TO PUBLIC HOUSING."(Housing; Affordability) |
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"RELATING TO CONDOMINIUMS."(Condominiums) |
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"RELATING TO MEDICAL MARIJUANA."(Medical Marijuana; Task Force) |
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"RELATING TO COURT-APPOINTED COUNSEL AND GUARDIANS AD LITEM IN FAMILY COURT."(Family Court; Appointed Counsel & Guardian Ad Litem Fees) |
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"RELATING TO PLANNED COMMUNITY ASSOCIATIONS."(Planned Community Associations) |
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Informing the Senate that on April 22, 2008, the House reconsidered its action in disagreeing to the amendments proposed by the Senate to the following House Bills: |
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789 |
"RELATING TO CORRECTIONAL INDUSTRIES. "(Correctional Industries; Maximum Temporary Exempt Employees) |
FILE |
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"RELATING TO PUBLIC ORDER."(Public Order; Human Waste; Prohibition) |
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"RELATING TO CORRECTIONS."(Correctional Program Revolving Fund; Repeal) |
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"MAKING AN EMERGENCY APPROPRIATION TO THE HAWAII PUBLIC HOUSING AUTHORITY."(Emergency appropriation; Hawaii Public Housing Authority) |
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"MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF TRANSPORTATION FOR THE STATE HIGHWAY SYSTEM."(Department of Transportation; Emergency Appropriation; State Highway Fund) |
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Informing the Senate that on April 22, 2008, the House agreed to the amendments proposed by the Senate and that said resolutions have been adopted in final form in the House: |
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790 |
"REQUESTING THE UNIVERSITY OF HAWAII AGRICULTURAL DIAGNOSTIC SERVICE CENTER, IN CONSULTATION WITH OTHER PUBLIC AND PRIVATE ENTITIES, TO CONDUCT A SURVEY OF THE INFORMATION NEEDS OF HAWAII'S AGRICULTURAL INDUSTRY, AND ASSESS WHETHER THE HAWAII AGRICULTURE INFORMATION CENTER CAN MEET THOSE NEEDS."(Hawaii Agricultural Information Center) |
FILE |
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H.C.R. No. 126, H.D. 1, S.D. 1 "REQUESTING THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH TO JOINTLY STUDY THE FEASIBILITY OF INTEGRATING REHABILITATION PROGRAMS FOR STUDENTS WITH ANGER PROBLEMS."(Anger Management; BOE Programs) |
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H.C.R. No. 147, H.D. 1, S.D. 1 "SUPPORTING THE INSTALLATION AND USE OF SMOKE DETECTORS IN EVERY HAWAII HOME BY 2010."(Smoke Detectors for Low-income Families in Hawaii) |
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"URGING THE UNIVERSITY OF HAWAII TO EXTEND ITS LAND LEASE WITH THE HIGH TECHNOLOGY DEVELOPMENT CORPORATION TO CONTINUE TO OPERATE THE MANOA INNOVATION CENTER."(High Technology Development Corporation; Land Lease) |
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"URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO PROCEED EXPEDITIOUSLY WITH THE ADOPTION OF RULES TO REGULATE THE ORNAMENTAL REEF FISHERY INDUSTRY IN SOUTH MAUI AND KANEOHE BAY."(DLNR; Rules; Ornamental Reef Fishery Industry) |
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Returning the following Senate Concurrent Resolution which was adopted by the House on April 22, 2008: |
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791 |
"REQUESTING THE AUDITOR TO CONDUCT A FINANCIAL AND MANAGEMENT AUDIT OF THE HAWAII CENTERS FOR INDEPENDENT LIVING."(Financial Audit of Hawaii Centers for Independent Living) |
FILE |
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Informing the Senate that on April 22, 2008, the House made changes to conferee assignments to the following bill: |
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792 |
"RELATING TO LAND USE."(Land Use; historic agricultural landmark)
Discharged all House conferees. |
FILE |
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(48 Hrs. Notice) |
S.B. No. 2245, S.D. 1, H.D. 2, C.D. 1 "RELATING TO UNATTENDED CHILDREN IN MOTOR VEHICLES." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 2146, S.D. 2, H.D. 1, C.D. 1 "RELATING TO THE CENTER FOR NURSING." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 2170, S.D. 1, H.D. 1, C.D. 1 "RELATING TO PUBLIC LAND." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 3008, S.D. 2, H.D. 1, C.D. 1 "RELATING TO THE CODE OF FINANCIAL INSTITUTIONS." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 3023, S.D. 2, H.D. 2, C.D. 1 "RELATING TO INSURANCE." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
H.B. No. 2511, H.D. 1, S.D. 2, C.D. 1 "RELATING TO RENTAL ASSISTANCE." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
H.B. No. 3331, H.D. 2, S.D. 2, C.D. 1 "RELATING TO CONDOMINIUMS." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
H.B. No. 2810, H.D. 1, S.D. 1, C.D. 1 "RELATING TO WATER RATES." (Recommends passage on FINAL READING as amended C.D. 1) |
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(One Day Notice) |
(CPH) |
"REQUESTING THE AUDITOR TO EXAMINE UPCOMING CONDOMINIUM LEASEHOLD EXPIRATIONS AND THEIR IMPACT ON THE AVAILABILITY OF REPLACEMENT AND AFFORDABLE HOUSING FOR HAWAII RESIDENTS." (Recommends Adoption) |
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(One Day Notice) |
(EDU/AHW) |
"REQUESTING THE UNIVERSITY OF HAWAII COLLEGE OF TROPICAL AGRICULTURE AND HUMAN RESOURCES TO STUDY THE FEASIBILITY OF CONSTRUCTING A MULTIPURPOSE, MULTI-USER PROCESSING FACILITY ON THE LAND IN THE EWA, CENTRAL OAHU AREA BEING OFFERED TO THE HAWAII AGRICULTURE RESEARCH CENTER, FOR THE PRODUCTION OF VALUE-ADDED PRODUCTS THAT MAKE USE OF LOCALLY-GROWN AGRICULTURAL PRODUCTS." (AMENDED TITLE) (Recommends Adoption) |
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(HSP) |
"REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY THE ESTABLISHMENT OF A COMPREHENSIVE VOCATIONAL REHABILITATION CENTER FOR DEAF AND HARD OF HEARING INDIVIDUALS." (AMENDED TITLE) (Recommends referral to WAM) |
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(HSP) |
"REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AND FINANCIAL AUDIT OF THE HAWAII PUBLIC HOUSING AUTHORITY'S PUNCHBOWL HOMES FACILITY." (Recommends referral to WAM) |
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(One Day Notice) |
(CPH) |
"Submitting for consideration and confirmation to the Board of Private Detectives and Guards, Gubernatorial Nominee, RANDALL W. MACK, 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 Credit Union Advisory Board, Gubernatorial Nominee, GWEN S. LAU, 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 Motor Vehicle Repair Industry Board, Gubernatorial Nominee, JAMES K. HIRAKAWA, 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, ANNE MARIE HORNER, 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 Board of Barbering and Cosmetology, Gubernatorial Nominee, JUNE J. TAKANO, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(EDT) |
"Submitting for consideration and confirmation to the Board of Taxation Review, 4th Taxation District (Kaua'i), Gubernatorial Nominee, ERIC NORIO YAMA, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(EDT) |
"Submitting for consideration and confirmation to the Board of Taxation Review, 3rd Taxation District (Hawai'i), Gubernatorial Nominee, PETER M. TADAKI, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(EDU) |
"Submitting for consideration and confirmation to the Hawai'i Teacher Standards Board, Gubernatorial Nominee, TERRY L. HOLCK, for a term to expire 6-30-2011."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(EDU) |
"Submitting for consideration and confirmation to the Hawai'i Teacher Standards Board, Gubernatorial Nominee, JANICE Y. SHISHIDO, for a term to expire 6-30-2011."
(Recommends Senate Consent to Nomination) |
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ORDER OF THE DAY
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House Communications for Disagree |
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HSE. COM. NO. |
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764 |
"REQUESTING THE EXECUTIVE OFFICE ON AGING, THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF HUMAN SERVICES, AND THE STATE HEALTH PLANNING AND DEVELOPMENT AGENCY TO CONTINUE THEIR WORK ON THE LONG TERM LIVING INITIATIVE."(Home and Community Based Services; EOA; DOH; DHS; Study) |
AGREE/DISAGREE |
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767 |
S.C.R. No. 124, S.D. 1, H.D. 1 "REQUESTING THE AUDITOR TO CONDUCT A FINANCIAL AND MANAGEMENT AUDIT OF THE DEPARTMENT OF HUMAN SERVICES MEDICAID-SPONSORED PROGRAMS."(Department of Human Services; Medicaid; Audit) |
AGREE/DISAGREE |
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769 |
"APPROVING THE ACTION OF THE BOARD OF LAND AND NATURAL RESOURCES RELATING TO A LAND EXCHANGE."(Approving THE ACTION OF THE BOARD OF LAND AND NATURAL RESOURCES RELATING TO A LAND EXCHANGE.) |
AGREE/DISAGREE |
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House Communications for Agree |
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HSE. COM. NO. |
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765 |
S.C.R. No. 115, S.D. 1, H.D. 1 "REQUESTING THE DEPARTMENT OF EDUCATION TO CONVENE A PILOT PROJECT TO ALLOW A SCHOOL COMPLEX TO IDENTIFY CRITICAL DEPARTMENT RULES AND POLICIES THAT IMPEDE EFFECTIVE DECISION-MAKING, ADMINISTERING, AND TEACHING AND TO OPERATE FREE OF THOSE RULES AND POLICIES."(DOE; Model School Complex) |
AGREE/DISAGREE |
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766 |
S.C.R. No. 118, S.D. 1, H.D. 1 "IMPROVING THE COMMUNITY'S UNDERSTANDING OF THE DEPARTMENT OF EDUCATION'S PROGRAMS AND SCHOOL EXPENSES INCLUDING A COMPARISON WITH OTHER STATES ON ADEQUACY OF FUNDS"(DOE; Working Group; Funding Utilization/Student Achievement) |
AGREE/DISAGREE |
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768 |
S.C.R. No. 134, S.D. 2, H.D. 1 "URGING THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH TO "BUY LOCAL" AND TO IMPLEMENT AND DEVELOP FOOD WARE AND FOOD WASTE RECYCLING PROGRAMS TO ENCOURAGE SUSTAINABILITY."(Buy Local; Sustainability; Dept of Health; Dept of Education) |
AGREE/DISAGREE |
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CPH |
"Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee, MARC EDWIN VENTURA AIA, for a term to expire 6-30-2012." |
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CPH |
"Submitting for consideration and confirmation to the Motor Vehicle Repair Industry Board, Gubernatorial Nominee, BENJAMIN K. WAIOLAMA, for a term to expire 6-30-2012." |
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CPH |
"Submitting for consideration and confirmation to the Board of Private Detectives and Guards, Gubernatorial Nominee, PATRICK W. SOUZA, for a term to expire 6-30-2012." |
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CPH |
"Submitting for consideration and confirmation to the Contractors License Board, Gubernatorial Nominee, GUY M. AKASAKI, for a term to expire 6-30-2012." |
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CPH |
"Submitting for consideration and confirmation to the State Board of Public Accountancy, Gubernatorial Nominee, THOMAS T. UENO CPA, for a term to expire 6-30-2012." |
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CPH |
"Submitting for consideration and confirmation to the Board of Certification of Public Water System Operators, Gubernatorial Nominee, LAN REISO YONEDA, for a term to expire 6-30-2011." |
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CPH |
"Submitting for consideration and confirmation to the Board of Speech Pathology and Audiology, Gubernatorial Nominee, EMI ISAKI PHD, for a term to expire 6-30-2011." |
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AHW |
"Submitting for consideration and confirmation to the Island Burial Council, Island of Hawai'i, Gubernatorial Nominee, ROY S. HELBUSH, for a term to expire 6-30-2012." |
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AHW |
"Submitting for consideration and confirmation to the Island Burial Council, Islands of Maui and Lanai, Gubernatorial Nominee, WILLIAM C. FRAMPTON, 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, AMBER NAMAKA WHITEHEAD, for a term to expire 6-30-2012." |
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EDT |
"Submitting for consideration and confirmation to the Hawai'i Historic Places Review Board, Gubernatorial Nominee, JULIE M.E. TAOMIA, for a term to expire 6-30-2010." |
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ENE |
"Submitting for consideration and confirmation as the Director for the Office of Environmental Quality Control, Gubernatorial Nominee, KATHERINE PUANA KEALOHA, for a term to expire 6-30-2011." |
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ENE |
"Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee, ALVIN L. CHAR, for a term to expire 6-30-2012." |
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ENE |
"Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee, SUSAN T. MATSUSHIMA, for a term to expire 6-30-2012." |
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ENE |
"Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee, JOHN A. RICHARDS, for a term to expire 6-30-2012." |
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ENE |
"Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee, GILL GILLIES BERGER, for a term to expire 6-30-2011." |
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TIA |
"REQUESTING THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM TO WORK WITH THE SECRETARY OF HOMELAND SECURITY TO EXPAND THE VISA WAIVER PROGRAM TO INCLUDE TAIWAN." |
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TIA |
"REQUESTING THE PRESIDENT OF THE UNITED STATES TO ENTER INTO A FREE TRADE AGREEMENT WITH TAIWAN." |
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EDU/AHW/PBS |
"REQUESTING THE COLLEGE OF AGRICULTURE, FORESTRY, AND NATURAL RESOURCE MANAGEMENT AT THE UNIVERSITY OF HAWAII AT HILO, IN COLLABORATION WITH THE DEPARTMENT OF AGRICULTURE AND HAWAII COMMUNITY COLLEGE, TO CONDUCT A STUDY ON THE PROGRAMS DEVELOPED BY THE KULANI CORRECTIONAL FACILITY THAT WOULD AID IN THE REVITALIZATION OF STATE AGRICULTURE." (AMENDED TITLE) |
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EDU/HSP |
"URGING THE UNIVERSITY OF HAWAII TO ESTABLISH AND ADMINISTER A REHABILITATIVE AND RELATED SERVICES GRADUATE SCHOOL LOAN PROGRAM WITHIN ITS CENTER ON DISABILITY STUDIES." |
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"CALLING FOR A JOINT SESSION OF THE LEGISLATURE FOR THE PURPOSE OF APPOINTING THE AUDITOR, THE DIRECTOR OF THE LEGISLATIVE REFERENCE BUREAU, AND THE OMBUDSMAN." |
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S.B. No. 2400, S.D. 1, H.D. 1, C.D. 1 "RELATING TO DECRIMINALIZATION OF MINOR OFFENSES PURSUANT TO ACT 124, SESSION LAWS OF HAWAII 2005."
(Minor Offenses; Decriminalization) |
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S.B. No. 2784, S.D. 1, H.D. 1, C.D. 1 "RELATING TO THE POWER OF ARREST."
(Power of Arrest; United States Marshal Service) |
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"PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 1, OF THE HAWAII CONSTITUTION, TO CHANGE THE AGE QUALIFICATION FOR THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR FROM THE AGE OF THIRTY YEARS TO THE AGE OF TWENTY‑FIVE YEARS."
(Constitutional Amendment; Age Qualifications) |
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(See Stand. Com. Rep. No. 3636)
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"RELATING TO TRANSPORTATION." - (TIA/CPH)
(Hawaii Interisland Airlines Regulation) |
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Waiver of Referral; One Day Notice for Adoption of Resolutions
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AHW/ENE |
"SUPPORTING CONGRESSIONAL ACTION TO EXEMPT THE STATE OF HAWAII FROM FEDERAL PREEMPTION PROHIBITING STATE INSPECTION OF PLANTS, PLANT PRODUCTS, AND OTHER BIOLOGICAL ORGANISMS." |
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AHW |
"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. |
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AHW |
"REQUESTING THE OFFICE OF HAWAIIAN AFFAIRS TO TELEVISE THE GENERAL MEETINGS OF THE BOARD OF TRUSTEES OF THE OFFICE OF HAWAIIAN AFFAIRS." |
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ENE/IGM |
"SUPPORTING FEDERAL TAX INCENTIVES TO ENCOURAGE THE USE OF RENEWABLE ENERGY SOURCES." |
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· Committee Hearing Schedule:
|
COMMITTEE |
DATE & TIME |
ROOM |
|
EDU |
4/23/2008 1:15 PM |
329 |
|
CPH |
4/24/2008 9:00 AM |
016 |
|
EDT |
4/24/2008 4:00 PM |
016 |
|
JDL |
4/25/2008 10:30 AM |
325 |
|
EDU |
4/28/2008 3:00 PM |
225 |