THE SENATE
OF THE
TWENTY-FIFTH LEGISLATURE
STATE OF HAWAI'I
REGULAR SESSION OF 2009
FORTY-SECOND DAY
April 6, 2009-Monday-11:30 O'CLOCK A.M.
ORDER OF BUSINESS
Invocation by The Reverend Mary David
Mililani Hongwanji
Roll Call
Approval of the Journal
Introductions
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MEASURE |
TITLE |
REFERRAL |
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Submitting for consideration and confirmation to the Cable Advisory Committee, Gubernatorial Nominee, CYNTHIA M. MARTIN, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the Contractors License Board, Gubernatorial Nominee, JOHN E.K. DILL, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the Contractors License Board, Gubernatorial Nominee, WILLIAM A. KAMAI, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the Contractors License Board, Gubernatorial Nominee, ALDON K. MOCHIDA, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee, RAYMOND B. SKELTON, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the Medical Advisory Board, Gubernatorial Nominee, DAVID M. SAITO MD, for a term to expire 6-30-2011. |
CPN |
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Submitting for consideration and confirmation to the Hawaii Medical Board, Gubernatorial Nominee, NIRAJ S. DESAI, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the Board of Pharmacy, Gubernatorial Nominee, GARRETT A. LAU, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the State Board of Public Accountancy, Gubernatorial Nominee, MICHAEL CHING, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the State Board of Public Accountancy, Gubernatorial Nominee, KENT K. TSUKAMOTO, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the Board of Veterinary Examiners, Gubernatorial Nominee, WENDY L. MAH, for a term to expire 6-30-2013. |
CPN |
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Submitting for consideration and confirmation to the Board of Directors of the High Technology Development Corporation, Gubernatorial Nominee, SONG K. CHOI, for a term to expire 6-30-2013. |
EDT |
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Submitting for consideration and confirmation to the Board of Directors of the High Technology Development Corporation, Gubernatorial Nominee, JEFFREY W. PIONTEK, for a term to expire 6-30-2013. |
EDT |
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Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Strategic Development Corporation, Gubernatorial Nominee, H. BRIAN MOORE, for a term to expire 6-30-2013. |
EDT |
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Submitting for consideration and confirmation to the Board of Directors of the Natural Energy Laboratory of Hawai'i Authority, Gubernatorial Nominee, MAKANI MAEVA, for a term to expire 6-30-2012. |
ENE |
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Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee, WESLEY L.K.M. LIM, for a term to expire 6-30-2012. |
HTH |
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Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee, BRADLEY M. PIERCE, for a term to expire 6-30-2013. |
HTH |
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Submitting for consideration and confirmation to the Board of Regents of the University of Hawaii, Gubernatorial Nominee, JOHN C. HOLZMAN, for a term to expire 6-30-2014. |
HRE |
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Submitting for consideration and confirmation to the Board of Regents of the University of Hawaii, Gubernatorial Nominee, JAMES H.Q. LEE, for a term to expire 6-30-2014. |
HRE |
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Submitting for consideration and confirmation to the Hawai'i Medical Education Council, Gubernatorial Nominee, DARRYL S. SALVADOR PSY.D., for a term to expire 6-30-2011. |
HRE |
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Submitting for consideration and confirmation to the Board of Health, Gubernatorial Nominee, ROGER B. MCKEAGUE, for a term to expire 6-30-2013. |
HTH |
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Submitting for consideration and confirmation to the Early Learning Council, Gubernatorial Nominee, DOBORA ANN KAIKALA, for a term to expire 6-30-2011. |
HMS |
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Submitting for consideration and confirmation to the Commission on the Status of Women, Gubernatorial Nominee, ADRIENNE S. KING, for a term to expire 6-30-2013. |
JGO |
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Submitting for consideration and confirmation to the Commission on the Status of Women, Gubernatorial Nominee, CHERIE A. MOOY, for a term to expire 6-30-2010. |
JGO |
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Submitting for consideration and confirmation to the Hoisting Machine Operators Advisory Board, Gubernatorial Nominee, EDWARD G. SANCHEZ, for a term to expire 6-30-2012. |
LBR |
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Submitting for consideration and confirmation to the Hawai'i Workforce Development Council, Gubernatorial Nominee, CHRISTOPHER D. TATUM, for a term to expire 6-30-2011. |
LBR |
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Submitting for consideration and confirmation to the Wireless Enhanced 911 Board, Gubernatorial Nominee, ERIC KNUTZEN, for a term to expire 6-30-2012. |
PSM |
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Submitting for consideration and confirmation to the Community-Based Economic Development Advisory Council, Gubernatorial Nominee, HANS H. CHUN, for a term to expire 6-30-2013. |
WTL |
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Submitting for consideration and confirmation to the Community-Based Economic Development Advisory Council, Gubernatorial Nominee, CAROL M. JUNG, for a term to expire 6-30-2013. |
WTL |
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Submitting for consideration and confirmation to the Community-Based Economic Development Advisory Council, Gubernatorial Nominee, MICHAEL J. MURAKOSHI, for a term to expire 6-30-2010. |
WTL |
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Submitting for consideration and confirmation to the Community-Based Economic Development Advisory Council, Gubernatorial Nominee, JENNIFER L. ZELKO, for a term to expire 6-30-2010. |
WTL |
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Submitting for consideration and confirmation to the Island Burial Council, Island of Oahu, Gubernatorial Nominee, CAROLYN KEHAUNANI ABAD, for a term to expire 6-30-2013. |
WTL |
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Submitting for consideration and confirmation to the Board of Land and Natural Resources, Gubernatorial Nominee, DAVID C. GOODE, for a term to expire 6-30-2010. |
WTL |
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Submitting for consideration and confirmation to the Board of Land and Natural Resources, Gubernatorial Nominee, JOHN MORGAN, for a term to expire 6-30-2013. |
WTL |
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Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, THOMAS P. CONTRADES, for a term to expire 6-30-2013. |
WTL |
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Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, NICHOLAS W. TEVES JR., for a term to expire 6-30-2013. |
WTL |
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Informing the Senate that on April 3, 2009, the House agreed to the amendments proposed by the Senate and that said bill passed Final Reading in the House: |
REFERRAL |
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373 |
"RELATING TO BUILDINGS."(Historic Building Photograph Requirement; Repeal Act 228) |
FILE |
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Returning the following Senate Bills which passed Third Reading in the House on April 3, 2009: |
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374 |
"RELATING TO STATUTORY REVISION: AMENDING OR REPEALING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS."(Revision Bill) |
FILE |
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375 |
"RELATING TO CONDOMINIUMS."(Condominiums; Foreclosure; Maintenance Fees) |
FILE |
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376 |
"RELATING TO CONDOMINIUMS."(Condominiums; Dispute Resolution Pilot Project) |
FILE |
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377 |
"RELATING TO DEPARTMENT OF HEALTH CERTIFICATES."(County Licenses; Department of Health Certificates) |
FILE |
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Returning the following Senate Bill which passed Third Reading in the House on April 3, 2009, in an amended form: |
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378 |
"RELATING TO THE NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY."(NELHA; Renewable Energy) |
AGREE/DISAGREE |
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Returning the following Senate Bill which passed Third Reading in the House on April 3, 2009: |
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379 |
"RELATING TO GEOGRAPHIC LIMITATIONS ON TIME SHARES."(Geographic Limitations on Time Share Units) |
FILE |
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Informing the Senate that on April 3, 2009, the following House Concurrent Resolution was adopted in the House: |
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380 |
"URGING THE STATE OF HAWAII TO CHANGE THE STREET NAME OF FORT BARRETTE ROAD TO KUALAKA‘I ROAD."(Fort Barrette Road; Name Change) |
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(One Day Notice) |
(HRE/WTL/EDH) |
"REQUESTING THE UNIVERSITY OF HAWAII, COLLEGE OF TROPICAL AGRICULTURE AND HUMAN RESOURCES, IN COOPERATION WITH THE DEPARTMENT OF AGRICULTURE, DEPARTMENT OF EDUCATION, AND THE HAWAII FARM BUREAU FEDERATION, TO CONVENE A WORKING GROUP OF STAKEHOLDERS TO CONSIDER THE FEASIBILITY OF ESTABLISHING A FARM TO SCHOOL PROGRAM IN HAWAII'S PUBLIC SCHOOLS." (Recommends Adoption) |
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(One Day Notice) |
(EDH/WTL) |
"URGING THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION TO CONVENE A TASK FORCE TO REVIEW STATE AND COUNTY AFFORDABLE HOUSING APPROVAL REQUIREMENTS AND PROCEDURES." (Recommends Adoption) |
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(One Day Notice) |
(CPN) |
"ENCOURAGING THE UNITED STATES CONGRESS TO ENACT LEGISLATION REGULATING THE SALE AND MARKETING OF TOBACCO PRODUCTS." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(HTH) |
"REQUESTING THE DEPARTMENT OF HEALTH TO INCREASE EDUCATIONAL EFFORTS TO PREVENT AND ERADICATE CERVICAL CANCER." (Recommends Adoption) |
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(One Day Notice) |
(HTH) |
"ENSURING THAT ANY LEGISLATIVE EFFORT TO REPAIR THE HEALTHCARE SYSTEM IN HAWAII SHOULD INCORPORATE SUSTAINABLE WELLNESS PROGRAMS THAT ADDRESS THE UNDERLYING CAUSAL FACTORS ASSOCIATED WITH CHRONIC DISEASE." (Recommends Adoption) |
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(One Day Notice) |
(HTH) |
"URGING THE DEPARTMENT OF HEALTH TO MAKE IT A PRIORITY TO EDUCATE THE PUBLIC ON THE PROPER CLEANING OF PRODUCE." (Recommends Adoption) |
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(One Day Notice) |
(HTH) |
"PAYING TRIBUTE TO REPRESENTATIVE ROBERT H. "BOB" NAKASONE AND HIS LEGACY BY NAMING ONE OF THE MAUI MEDICAL FACILITIES IN HIS HONOR." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(HTH) |
"URGING ALL HOSPITAL EMERGENCY ROOMS IN THE STATE TO PROVIDE EMERGENCY CONTRACEPTION ON DEMAND TO VICTIMS OF SEXUAL ASSAULT OR RAPE." (Recommends Adoption) |
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(One Day Notice) |
(HTH) |
"URGING ALL HOSPITAL EMERGENCY ROOMS IN THE STATE TO PROVIDE EMERGENCY CONTRACEPTION ON DEMAND TO VICTIMS OF SEXUAL ASSAULT OR RAPE." (Recommends Adoption) |
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(One Day Notice) |
(WTL) |
"URGING THE DEVELOPMENT OF A PLAN FOR INCREASING AID AND ASSISTANCE TO ORGANIC FARMERS." (Recommends Adoption) |
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(One Day Notice) |
(WTL) |
"URGING THE DEVELOPMENT OF A PLAN FOR INCREASING AID AND ASSISTANCE TO ORGANIC FARMERS." (Recommends Adoption) |
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(One Day Notice) |
(WTL) |
"REQUESTING THE DEVELOPMENT OF A PLAN FOR A STATE ORGANIC PROGRAM TO UNIFY THE STATE'S ORGANIC CERTIFICATION PRACTICES AND PROGRAMS." (Recommends Adoption) |
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(One Day Notice) |
(WTL) |
"REQUESTING THE DEVELOPMENT OF A PLAN FOR A STATE ORGANIC PROGRAM TO UNIFY THE STATE'S ORGANIC CERTIFICATION PRACTICES AND PROGRAMS." (Recommends Adoption) |
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(One Day Notice) |
(CPN) |
"Submitting for consideration and confirmation to the State Board of Public Accountancy, Gubernatorial Nominee, STEVEN R. OBERG CPA, for a term to expire 6-30-2010."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPN) |
"Submitting for consideration and confirmation to the Board of Examiners in Naturopathy, Gubernatorial Nominee, KEVIN R. GIBSON, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPN) |
"Submitting for consideration and confirmation to the State Board of Nursing, Gubernatorial Nominee, JAEDA R. ELVENIA, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPN) |
"Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominee, WALTER L. HARVEY III, for a term to expire 6-30-2013."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPN) |
"Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominee, STANLEY M. KURIYAMA, for a term to expire 6-30-2013."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(CPN) |
"Submitting for consideration and confirmation to the Elevator Mechanics Licensing Board, Gubernatorial Nominee, RICHARD J.Y. LOUIS, for a term to expire 6-30-2012."
(Recommends Senate Consent to Nomination) |
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(48 Hrs. Notice) |
(WTL) |
"RELATING TO SHORELINE SETBACKS." (Recommends passage on SECOND READING and placement on the calendar for Third Reading) |
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(48 Hrs. Notice) |
(WTL/EDT) |
"RELATING TO THRILL CRAFT OPERATION." (Recommends passage on SECOND READING and placement on the calendar for Third Reading) |
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ORDER OF THE DAY
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HSE. COM. NO. |
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REFERRAL |
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358 |
"RELATING TO TRANSPORTATION."(Highways; Counties) |
AGREE/DISAGREE |
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359 |
"RELATING TO FAMILY LEAVE."(Family Leave; Posting of Notice) |
AGREE/DISAGREE |
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364 |
"DESIGNATING THE FIRST WEEK IN FEBRUARY AS HAWAII TEEN DATING VIOLENCE AWARENESS AND PREVENTION WEEK."(Hawaii Teen Dating Violence Awareness and Prevention Week) |
AGREE/DISAGREE |
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WTL |
"Submitting for consideration and confirmation to the Board of Directors of the Aloha Tower Development Corporation, Gubernatorial Nominee, JASON T. OKUHAMA, for a term to expire 6-30-2013." |
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CPN |
"REQUESTING A SUNRISE REVIEW OF PROFESSIONAL EMPLOYER ORGANIZATIONS." |
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ENE/TIA |
"EXPRESSING SUPPORT FOR THE ELECTRIFICATION OF ENERGY EFFICIENT TRANSPORTATION SYSTEMS IN HAWAII." |
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ENE/TIA |
"EXPRESSING SUPPORT FOR THE ELECTRIFICATION OF ENERGY EFFICIENT TRANSPORTATION SYSTEMS IN HAWAII." |
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ENE/TIA |
"REQUESTING THE OBAMA ADMINISTRATION TO HOST A UNITED NATIONS CLIMATE CHANGE CONFERENCE IN HAWAII IN 2010." |
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ENE/TIA |
"REQUESTING THE OBAMA ADMINISTRATION TO HOST A UNITED NATIONS CLIMATE CHANGE CONFERENCE IN HAWAII IN 2010." |
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WTL/PSM |
"REQUESTING THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO COLLABORATE AND SHARE INFORMATION WITH THE DEPARTMENT OF AGRICULTURE TO PREVENT INVASIVE SPECIES FROM ENTERING THE STATE OF HAWAII." |
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WTL/PSM |
"REQUESTING THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO COLLABORATE AND SHARE INFORMATION WITH THE DEPARTMENT OF AGRICULTURE TO PREVENT INVASIVE SPECIES FROM ENTERING THE STATE OF HAWAII." |
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WTL/HRE |
"URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE UNIVERSITY OF HAWAII TO CONVENE MEETINGS WITH STAKEHOLDERS TO ADDRESS STEWARDSHIP ISSUES AND AFFIRM THE STATE'S COMMITMENT TO A COOPERATIVE RELATIONSHIP WITH THE VARIED MEMBERS OF THE COMMUNITY INTERESTED IN MAUNA KEA AND ITS UNIQUE SPIRITUAL, CULTURAL, HISTORICAL, AND NATURAL RESOURCES." |
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WTL/HRE |
"URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE UNIVERSITY OF HAWAII TO CONVENE MEETINGS WITH STAKEHOLDERS TO ADDRESS STEWARDSHIP ISSUES AND AFFIRM THE STATE'S COMMITMENT TO A COOPERATIVE RELATIONSHIP WITH THE VARIED MEMBERS OF THE COMMUNITY INTERESTED IN MAUNA KEA AND ITS UNIQUE SPIRITUAL, CULTURAL, HISTORICAL, AND NATURAL RESOURCES." |
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HMS |
"SUPPORTING INTERNATIONAL WHITE RIBBON CAMPAIGNS TO END MEN'S VIOLENCE AGAINST WOMEN AND ENCOURAGING THE ESTABLISHMENT OF A WHITE RIBBON CAMPAIGN ORGANIZATION IN HAWAII." |
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HMS |
"URGING CONGRESS TO PRESERVE FUNDING AND MAINTAIN PROGRAMS, LAWS, REGULATIONS, AND POLICIES THAT ASSIST VICTIMS OF DOMESTIC VIOLENCE." |
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(See Stand. Com. Rep. No. 1089)
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"RELATING TO INSURANCE." - (CPN)
(Insurance; Long-Term Care Insurance) |
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(See Stand. Com. Rep. No. 1090)
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"RELATING TO PUBLIC UTILITIES." - (CPN/TIA)
(Utilities; Receivership) |
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(See Stand. Com. Rep. No. 1091)
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"RELATING TO POLICY ADVISORY BOARD ON VETERANS' SERVICES." - (PSM)
(Policy Advisory Board on Veterans' Services) |
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COMMENDING AND CONGRATULATING THE UNITED FILIPINO COUNCIL OF HAWAII. (Senator Espero)
· Committee Hearing Schedule:
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COMMITTEE |
DATE & TIME |
ROOM |
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EDH |
4/6/2009 1:15 PM |
225 |
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EDT |
4/6/2009 1:15 PM |
016 |
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ENE/EDT |
4/6/2009 1:15 PM |
016 |
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WTL/EDT/HRE |
4/6/2009 1:15 PM |
016 |
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HRE/EDT |
4/6/2009 1:20 PM |
016 |
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EDH/ENE |
4/6/2009 1:30 PM |
225 |
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WTL |
4/6/2009 2:45 PM |
229 |
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JGO |
4/7/2009 9:30 AM |
016 |
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WAM |
4/7/2009 9:30 AM |
211 |
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CPN |
4/7/2009 10:00 AM |
229 |
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HMS |
4/7/2009 1:15 PM |
016 |
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HMS/HTH |
4/7/2009 1:15 PM |
016 |
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HMS/PSM |
4/7/2009 1:15 PM |
229 |
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HRE |
4/7/2009 1:15 PM |
225 |
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HTH/EDH |
4/7/2009 1:15 PM |
016 |
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HTH/HMS |
4/7/2009 1:15 PM |
016 |
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LBR/HMS |
4/7/2009 1:15 PM |
016 |
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HMS |
4/7/2009 1:30 PM |
016 |
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PSM |
4/7/2009 1:30 PM |
229 |
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WTL/HRE |
4/7/2009 2:00 PM |
225 |
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ENE/EDT |
4/7/2009 2:45 PM |
225 |
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LBR-LAB |
4/7/2009 2:45 PM |
329 |
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WAM |
4/8/2009 9:00 AM |
211 |
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WAM/TIA |
4/8/2009 9:30 AM |
211 |
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JGO/WAM |
4/8/2009 10:30 AM |
211 |
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WAM |
4/8/2009 10:30 AM |
211 |
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EDH |
4/8/2009 1:15 PM |
225 |
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HRE |
4/9/2009 1:15 PM |
225 |
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LBR |
4/9/2009 2:45 PM |
224 |
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