Ka ‘Aha Kenekoa, Ka ‘Aha‘ōlelo Kau Kānāwai Kanakolu Kūmālua
THE SENATE
OF THE
THIRTY-SECOND LEGISLATURE
Moku‘āina ‘O Hawai‘i
STATE OF HAWAI'I
‘Ākoakoa Kūmau MH 2023
REGULAR SESSION OF 2023
Lā Kanalimakumamāhā
FIFTY-FOURTH DAY
21 ‘Apelila 2023 - Po‘alima - Hola 11:30 A.M.
April 21, 2023-Friday-11:30 O'CLOCK A.M.
A live stream of the Senate floor session will be available on the Senate YouTube channel.
Papahana O Ka Lā
ORDER OF BUSINESS
Kāhea Papa Inoa
ROLL CALL
‘Āpono Mo‘olelo O Ka Puke Hālāwai
APPROVAL OF THE JOURNAL
Ho‘olauna Mea Kipa
INTRODUCTIONS
Ho‘oka‘a‘ike Mai Ke Kia‘āina
MESSAGES FROM THE GOVERNOR: No(s). 9
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REFERRAL |
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Letter dated April 20, 2023, transmitting a proposed conference draft amending H.B. No. 1004, H.D. 1, S.D.1 to fund the tentative agreement concerning Collective Bargaining Unit 5. |
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Ho‘oka‘a‘ike Mai Nā ‘Oihana
DEPARTMENTAL COMMUNICATIONS: None
Ho‘oka‘a‘ike No Ka Hale
HOUSE COMMUNICATIONS: No(s). 829-831
Informing the Senate that on April 20, 2023, the House appointed Conferees to the following bills:
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REFERRAL |
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829 |
"RELATING TO CAST BALLOTS."(Cast Ballots; Elections; Ineligible Voters) |
FILE |
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"RELATING TO GENDER-NEUTRAL TERMINOLOGY."(Gender-Neutral Terminology; Statutory Interpretation; Parents; Spouses) |
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"RELATING TO GENDER-NEUTRAL TERMINOLOGY."(Gender-Neutral Terminology; Statutory Interpretation; Adoption; Annulment, Divorce, and Separation) |
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"RELATING TO ELECTIONS."(Uniform Faithful Presidential Electors Act; Pledge; Certification; Voting; Replacement; Faithless Electors) |
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"RELATING TO DENTISTRY LICENSES."(Dentistry; Dental Hygiene; Community Health Centers; Rural Health Clinics; Mobile Dental Outreach Programs; Community Service License; Temporary License; Licensure Requirements) |
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"RELATING TO COMPLAINTS ALLEGING VIOLATIONS OF CAMPAIGN SPENDING LAWS."(Hawaii Campaign Spending Commission Package; Complaints; Violations; Rebuttable Presumption) |
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"RELATING TO PUBLIC TRANSIT."(City and County of Honolulu Package; Penal Code; Public Transit; Interference; Offense) |
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"RELATING TO NOISE CONTROL."(Honolulu Prosecuting Attorney Package; Noise Pollution; County Ordinances; Civil Penalties) |
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"RELATING TO THE PUBLIC UTILITIES COMMISSION."(PUC; Deadlines; Merger, Consolidation, Acquisition, or Other Change of Control; Applications; Report) |
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"RELATING TO TELECOMMUNICATIONS AND CABLE INDUSTRY INFORMATION REPORTING."(Telecommunications and Cable Industry Information Reporting Requirements; Repeal; Broadband; Broadband Service Providers) |
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"RELATING TO HEMP."(Hemp Producers; Commercial Hemp Production; Labeling; Advertising; Hawaii-grown Hemp; Hawaii-processed Hemp) |
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"RELATING TO HEMP."(Commercial Hemp Processing; Structures and Buildings; Registration Applications) |
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"RELATING TO EFFICIENCY STANDARDS."(Minimum Efficiency Standards; Appliances; Chief Energy Officer; Hawaii State Energy Office) |
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"RELATING TO ALCOHOL."(Alcohol; Beer; Liquor Tax Law; Liquor Law; Brewpubs) |
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"RELATING TO COFFEE LABELING."(Coffee Labeling; Advertising; Requirements; Coffee Blends; Hawaii-grown Coffee; Hawaii-processed Coffee; Ready-to-Drink Coffee Beverages) |
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"RELATING TO TIME SHARING PLANS."(Time Share Plans; Disclosure Statement; Primary Plan Documents; Supplementary Plan Documents; Material Liens; Title Defects; Encumbrances; Contracted Private Consultant) |
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"RELATING TO TIME SHARING."(Time Sharing; Time Share; Out-of-state Time Share Units; Zoning Requirements) |
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"RELATING TO TIME SHARING PLANS."(Time Share Plans; Title Reports; Blanket Liens) |
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"RELATING TO JURORS."(Juror; Qualifications; Felon; Conviction; Finally Discharged; Pardoned) |
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"RELATING TO TEMPORARY RESTRAINING ORDERS."(Temporary Restraining Orders; Remote Attendance; Domestic Abuse) |
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"RELATING TO EXPUNGEMENT."(Expungement; Operating a Vehicle After Consuming a Measurable Amount of Alcohol; Property Offenses; Judiciary) |
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"RELATING TO THE PRACTICE OF BEHAVIOR ANALYSIS."(Practice of Behavior Analysis; Licensing; Behavior Analysts; Psychologists; Medicaid; Exemptions; Department of Education; Report) |
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"RELATING TO UNLICENSED CARE HOMES."(Care Homes; Uncertified Care Facilities; Unlicensed Care Facilities; Landlord Exclusion; Repeal) |
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"RELATING TO THE REPEAL OF SECTION 328-106, HAWAII REVISED STATUTES."(Department of Health; Pharmacy Benefit Managers; Maximum Allowable Cost; Repeal) |
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"RELATING TO LOBBYISTS."(Lobbyist Contributions; Legislative Session; Elected Officials; Candidates; Prohibited) |
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830 |
"RELATING TO TIME SHARING PLANS."(Time Share Plans; Primary Plan Documents; Liens; Disclosure) |
FILE |
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"RELATING TO ENERGY EFFICIENCY."(Fluorescent Lamps; Mercury-containing Lighting; Sales; Compact Fluorescent Lamps; Linear Fluorescent Lamps; Prohibition) |
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"RELATING TO HOME RENOVATIONS."(Cost Valuations for Work; Construction Projects; Professional Engineers; Architects; Exemption) |
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"RELATING TO PRESCRIPTION DRUGS."(Deaf and Blind Task Force; Prescription Drug Label Information; Accessibility; Pharmacies; Board of Pharmacy; Administrative Rules) |
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"RELATING TO CONSUMER PROTECTION."(Consumer Protection; Coffee Labeling; Geographic Origins; Prohibitions) |
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"RELATING TO CONTROLLED SUBSTANCES."(Substance Use Disorder Services Clinic Working Group; Report) |
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"RELATING TO MOTOR VEHICLES."(Motor Vehicles; Transfer; Charitable Donations) |
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"RELATING TO VEHICLE SAFETY."(DOT; Rules; Motor Vehicles; Evidence of Registration; Certificate of Inspection; Head Lamps) |
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"RELATING TO RESTRICTIONS ON AGRICULTURAL USES AND ACTIVITIES."(Agricultural Lands; Expired Private Agreements; Restrictions) |
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"RELATING TO FENCES."(Battery-charged Security Fences; Non-agricultural Purposes) |
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"RELATING TO MOTOR VEHICLE REGISTRATION."(Motor Vehicle Registration; Flatbed Trucks; Exemption) |
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"RELATING TO TRAVELING TEAM PHYSICIANS."(Traveling Team Physicians; Sports Teams; Licensure; Exemption) |
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"RELATING TO OFFICIAL MISCONDUCT."(Penal Code; Official Misconduct; Offenses Against Public Administration) |
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"RELATING TO PUBLIC EMPLOYMENT COST ITEMS."(Public Employment Cost Items; BU-5) |
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"RELATING TO MONEY TRANSMITTERS MODERNIZATION ACT."(Money Transmitter; Money Transmission; Permissible Investments; Tangible Net Worth; Division of Financial Institutions) |
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"RELATING TO EDUCATIONAL HEALTH SERVICES."(Educational Health Services; Medication Administration; School Health Assistants; Exceptions) |
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"RELATING TO EVIDENCE."(Journalists and Newscasters; Disclosure) |
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Informing the Senate that on April 20, 2023, the House discharged the conferees assigned to the following bill:
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831 |
"RELATING TO JURORS."(Juror; Qualifications; Felon; Conviction; Finally Discharged; Pardoned) |
FILE |
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Ho‘oka‘a‘ike No Ka ‘Aha Kenekoa
SENATE COMMUNICATIONS: None
Ho‘oka‘a‘ike Mai Ka ‘Ao‘ao Ho‘okolokolo
JUDICIARY COMMUNICATIONS: None
Palapala Hō‘ike Na Nā Kōmike Kūmau
STANDING COMMITTEE REPORTS: No(s). 1945-1961
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(One Day Notice) |
(TCA) |
"URGING THE DEPARTMENT OF TRANSPORTATION TO CONSTRUCT AN ALL-WAY CROSSWALK ALONG THE CROSS-STREETS OF KAHUALII STREET, WAIPIO POINT ACCESS ROAD, AND FARRINGTON HIGHWAY." (Recommends Adoption) |
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(One Day Notice) |
(TCA) |
"DESIGNATING NOVEMBER 22, 2023, AS "KIMCHI DAY" IN THE STATE OF HAWAII." (Recommends Adoption) |
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(One Day Notice) |
(TCA) |
"RECOGNIZING AUGUST 8, 2023, AS HAWAIIAN HONEYCREEPERS CELEBRATION DAY." (Recommends Adoption) |
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(One Day Notice) |
(TCA) |
"URGING THE UNITED STATES TO SUPPORT TAIWAN'S PARTICIPATION IN INTERNATIONAL ORGANIZATIONS, INCLUDING THE WORLD HEALTH ORGANIZATION, INTERNATIONAL CRIMINAL POLICE ORGANIZATION, UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE, AND INTERNATIONAL CIVIL AVIATION ORGANIZATION AND URGING INTERNATIONAL ORGANIZATIONS TO GRANT TAIWAN MEMBERSHIP, OBSERVER, OR OTHER APPROPRIATE STATUS." (Recommends Adoption) |
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(One Day Notice) |
(TCA) |
"URGING THE DEPARTMENT OF TRANSPORTATION SERVICES OF THE CITY AND COUNTY OF HONOLULU TO CONDUCT A FEASIBILITY STUDY OF WIDENING THE PORTION OF UNIVERSITY AVENUE BETWEEN MAILE WAY AND OAHU AVENUE TO BECOME A COMPLETE STREET PROVIDING SAFE AND PROTECTED TRANSIT FOR ALL MODES." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(TCA) |
"REQUESTING THE DEPARTMENT OF TRANSPORTATION, IN COORDINATION WITH THE DEPARTMENT OF TRANSPORTATION SERVICES OF THE CITY AND COUNTY OF HONOLULU, TO INSTALL SPEED BUMPS AND OTHER TRAFFIC CALMING STRUCTURES ON ALA AOLANI STREET IN MOANALUA VALLEY AND OTHER SURROUNDING STREETS DEEMED APPROPRIATE TO DETER SPEEDING." (Recommends Adoption) |
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(One Day Notice) |
(TCA) |
H.C.R. No. 150, H.D. 1, S.D. 1 "REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION ESTABLISH AN AIR SERVICE TASK FORCE TO PROVIDE RECOMMENDATIONS FOR IMPROVING COMMERCIAL AIR TRAVEL TO AND FROM MOLOKAI AND LANAI." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(TCA) |
"AFFIRMING SUPPORT AND SOLIDARITY WITH THE FREE AND INDEPENDENT PEOPLE OF UKRAINE." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(GVO/TCA) |
"REQUESTING THE COMPTROLLER, IN CONSULTATION WITH OTHER STATE OFFICIALS, TO SUBMIT A REPORT ON THE PROCESS AND PROCEDURES FOR THE TRANSFER OF FUNDS TO THE WORKS OF ART SPECIAL FUND." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(CPN) |
"REQUESTING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO STUDY POTENTIAL SOLUTIONS AND MAKE RECOMMENDATIONS FOR A LONG-TERM MANAGEMENT PLAN FOR SUNSET MEMORIAL PARK." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(CPN) |
"URGING THE PUBLIC UTILITIES COMMISSION TO OPEN A NEW PROCEEDING RELATING TO THE REMOVAL OF ABANDONED OR DOUBLE UTILITY POLES, LINES, AND EQUIPMENT." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(HOU) |
"REAFFIRMING THE COMMITMENT TO INCREASE THE STATE'S AFFORDABLE HOUSING STOCK BY NOT ALLOCATING SPECIAL PURPOSE REVENUE BONDS AND DISCOURAGING THE USE OF SPECIAL PURPOSE REVENUE BONDS." (Recommends Adoption) |
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(One Day Notice) |
(HOU) |
"REQUESTING A FEASIBILITY STUDY ON REDEVELOPING LANDS SITUATED AT TMK (1) 2-8-015:001 INTO WORKFORCE HOUSING AND OTHER AFFILIATED USES." (Recommends Adoption) |
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(One Day Notice) |
(LBT) |
"REQUESTING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS TO COMPLETE A COMPARATIVE STUDY OF ITS POLICIES ON YOUTH EMPLOYMENT AND FEDERAL REQUIREMENTS FOR YOUTH EMPLOYMENT UNDER THE FAIR LABOR STANDARDS ACT AND EXAMINE POLICIES THAT WILL BROADEN WORK-BASED LEARNING OPPORTUNITIES FOR STUDENTS." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(LBT) |
"REQUESTING THE HAWAII LABOR RELATIONS BOARD TO ESTABLISH OBJECTIVE STANDARDS AND CRITERIA FOR SPLITTING OFF A GROUP OF STATE WORKERS INTO A NEW BARGAINING UNIT." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(TCA) |
"Submitting for consideration and confirmation to the Medical Advisory Board, Gubernatorial Nominee, BERTRAM PROVIDENCE, MD, for a term to expire 06-30-2027."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(TCA) |
"Submitting for consideration and confirmation to the Medical Advisory Board, Gubernatorial Nominee, BRENT BURROUGHS, MD, for a term to expire 06-30-2027."
(Recommends Senate Consent to Nomination) |
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(One Day Notice) |
(TCA) |
"Submitting for consideration and confirmation to the State Foundation on Culture and the Arts, Gubernatorial Nominee, JANET SATO, for a term to expire 06-30-2024."
(Recommends Senate Consent to Nomination) |
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Papahana O Ka Lā
ORDER OF THE DAY
Nā mea i hoʻopaneʻe ʻia
DEFERRED MATTERS
A‘oa‘o A ‘Ae
ADVISE AND CONSENT
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EDU |
“Submitting for consideration and confirmation to the School Facilities Authority, Gubernatorial Nominee, LINDSAY BALL, for a term to expire 06-30-2024.” |
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A‘oa‘o A ‘Ae
ADVISE AND CONSENT
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EET |
"Submitting for consideration and confirmation to the Community-Based Economic Development Advisory Council, Gubernatorial Nominee, KAREN BARR, for a term to expire 06-30-2023." |
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EET |
"Submitting for consideration and confirmation to the Community-Based Economic Development Advisory Council, Gubernatorial Nominee, KAREN BARR, for a term to expire 06-30-2027." |
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EET |
"Submitting for consideration and confirmation to the Community Based Economic Development Advisory Council, Gubernatorial Nominee, TEENA RASMUSSEN, for a term to expire 06-30-2027." |
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EET |
"Submitting for consideration and confirmation to the Board of Directors of the Natural Energy Laboratory of Hawai'i Authority, Gubernatorial Nominee, CYD MIYASHIRO, for a term to expire 06-30-2027." |
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EET |
"Submitting for consideration and confirmation to the Board of Directors of the Natural Energy Laboratory of Hawai'i Authority, Gubernatorial Nominee, GORDON BRUCE, for a term to expire 06-30-2027." |
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EET |
"Submitting for consideration and confirmation to the Small Business Regulatory Review Board, Gubernatorial Nominee, SANFORD MORIOKA, for a term to expire 06-30-2027." |
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CPN |
"Submitting for consideration and confirmation to the Public Utilities Commission, Gubernatorial Nominee, COLIN YOST, for a term to expire 06-30-2024." |
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HWN |
"Submitting for consideration and confirmation to the Hawaiian Homes Commission, Gubernatorial Nominee, MAKAI FREITAS, for a term to expire 06-30-2025." |
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HHS |
"Submitting for consideration and confirmation as the Director, Department of Health, Gubernatorial Nominee, KENNETH FINK, for a term to expire at noon on 12-07-2026." |
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HHS |
"Submitting for consideration and confirmation as the Deputy Director, Department of Health, Gubernatorial Nominee, SUSAN FERNANDEZ, for a term to expire 12-07-2026." |
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TCA |
"Submitting for consideration and confirmation as the First Deputy Director for Administration, Department of Transportation, Gubernatorial Nominee, TAMMY LEE, for a term to expire 12-07-2026." |
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‘Ōlelo Ho‘oholo E Koho Pāloka ‘la
ADOPT RESOLUTIONS
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PSM/HHS |
"URGING THE STATE AND CITY AND COUNTY OF HONOLULU TO RECOGNIZE AND ADDRESS THE INEQUITABLE LOCATION OF MENTAL HEALTH FACILITIES, CLEAN AND SOBER HOMES, HOMELESS SHELTERS, AND OTHER SUPPORTIVE LIVING HOMES ACROSS THE ISLAND OF OAHU." (AMENDED TITLE) |
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HWN |
"URGING THE ESTABLISHMENT OF A NATIVE HAWAIIAN INTELLECTUAL PROPERTY WORKING GROUP TO DISCUSS POLICIES AND LEGISLATION WITH RESPECT TO NATIVE HAWAIIAN INTELLECTUAL PROPERTY." |
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HWN |
"REQUESTING THE DEPARTMENT OF HAWAIIAN HOME LANDS TO CONDUCT A STUDY THAT EVALUATES POSSIBLE METHODS OF FLOOD REMEDIATION AND FLOOD AVERSION FOR CERTAIN AREAS OF THE ISLAND OF MOLOKAI." |
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HWN |
"REQUESTING THE DEPARTMENT OF HAWAIIAN HOME LANDS TO IDENTIFY RESOURCES NEEDED TO EXECUTE A PLAN TO REPAIR HOMES FOR SAFE HABITATION." |
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PSM/EET |
"URGING THE MAYORS AND COUNCILS OF THE CITY AND COUNTY OF HONOLULU, COUNTY OF MAUI, COUNTY OF HAWAII, AND COUNTY OF KAUAI TO ESTABLISH BUSINESS IMPROVEMENT DISTRICTS AS SPECIAL IMPROVEMENT DISTRICTS." (AMENDED TITLE) |
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PSM/EET |
"URGING THE COUNTIES TO INCLUDE TOWNHOMES IN THE RESIDENTIAL PERMITTING PROCESS FOR THE INSTALLATION OF SOLAR PANELS." |
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AEN |
"URGING THE HAWAI‘I CLIMATE CHANGE MITIGATION AND ADAPTATION COMMISSION TO DEVELOP A PROACTIVE AND COMPREHENSIVE COMMUNICATION STRATEGY TO EDUCATE HAWAII'S RESIDENTS ABOUT THE HEALTH IMPACTS OF THE CLIMATE CRISIS." |
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AEN/WTL |
"DESIGNATING HAWAII'S CORAL REEFS AS CRITICAL NATURAL INFRASTRUCTURE AND STRONGLY SUPPORTING NATURE-BASED SOLUTIONS SUCH AS CORAL REEF RESTORATION FOR RISK REDUCTION." |
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AEN |
"URGING THE NATIONAL INSTITUTE OF FOOD AND AGRICULTURE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE TO ISSUE ADDITIONAL FUNDING FOR THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM TO PROVIDE MATCHING FUNDS FOR THE EXPANSION OF THE STATE DOUBLE UP FOOD BUCKS PROGRAM TO ALL APPROVED SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM RETAIL OUTLETS THROUGHOUT THE STATE." |
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AEN |
"URGING THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE TO TAKE CERTAIN ACTIONS REGARDING FUGITIVE DUST." (AMENDED TITLE) |
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EDU |
"URGING THE COMMITTEE ON WEIGHTS TO RECOMMEND, AND THE BOARD OF EDUCATION TO ADOPT, A WEIGHTED STUDENT FORMULA THAT GIVES EQUAL CONSIDERATION TO SMALL AND REMOTE SCHOOLS." (AMENDED TITLE) |
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Heluhelu Hope Loa
FINAL READING
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"RELATING TO THE YOUTH COMMISSION."
(Youth Commission; Quorum) |
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Ho‘ouna Kōmike Ho‘olohe A Ho‘ouna Hou Paha
REFERRALS AND RE-REFERRALS
RE-REFERRALS FOR FRIDAY, APRIL 21, 2023
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MEASURE |
TITLE |
REFERRAL |
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REQUESTING THE AUDITOR TO ASSESS THE SOCIAL AND FINANCIAL EFFECTS OF MANDATORY HEALTH INSURANCE COVERAGE FOR FERTILITY PRESERVATION PROCEDURES FOR CERTAIN PERSONS WHO HAVE BEEN DIAGNOSED WITH CANCER AND WHOSE CANCER OR CANCER TREATMENT MAY ADVERSELY AFFECT THEIR FERTILITY. (Auditor; Impact Study; Fertility Preservation Procedures; Mandatory Health Insurance Coverage) (CPN/HHS) |
HHS |
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Ho‘oka‘a‘ike ‘Ē A‘e
MISCELLANEOUS COMMUNICATIONS: None
Hana ‘Ē A‘e
MISCELLANEOUS BUSINESS
· Reconsideration of Disagreement to House Amendments; Motion to Agree; One Day Notice for Final Adoption
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WTL |
“REQUESTING THAT THE DEPARTMENT OF LAND AND NATURAL RESOURCES ADOPT ADMINISTRATIVE RULES REGULATING VESSEL SPEED NEAR HUMPBACK WHALES.” (Whales; Boats; Vessels; Speed; Restrictions) |
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Ho‘olaha
ANNOUNCEMENTS
Papamanawa Ho‘olohe Palapala
· Committee Hearing Schedule:
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COMMITTEE |
DATE & TIME |
ROOM |
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CONF |
4/21/2023 2:30 PM |
CR 325 |
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CONF |
4/21/2023 2:35 PM |
CR 325 |
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CONF |
4/24/2023 2:30 PM |
CR 329 |
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JDC |
4/25/2023 10:00 AM |
CR 225 & Videoconference |
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