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 Kanalimakumamākahi
FIFTY-FIRST DAY
18 ‘Apelila 2023 - Po‘alua - Hola 11:30 A.M.
April 18, 2023-Tuesday-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). 679
MEASURE |
TITLE |
REFERRAL |
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Informing the Senate that on 04-17-2023, the Governor has withdrawn FIDEL EVIOTA II, Gubernatorial Nominee to the Correctional Industries Advisory Committee, from consideration by the Senate (GM567). |
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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). 801-825
Informing the Senate that on April 17, 2023, the House appointed Conferees to the following bills:
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REFERRAL |
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801 |
"RELATING TO STATE BONDS."(State Bonds; State Budget) |
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"RELATING TO ORDERS OF THE CAMPAIGN SPENDING COMMISSION."(Hawaii Campaign Spending Commission Package; Orders; Judgments; Enforcement of Judgments; Fines) |
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"RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW."(Hawaii Campaign Spending Commission Package; Fines; Noncandidate Committees; Independent Expenditures) |
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"RELATING TO PRELIMINARY DETERMINATION OF PROBABLE CAUSE."(Hawaii Campaign Spending Commission Package; Preliminary Determination; Method of Service) |
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"RELATING TO FINANCIAL DISCLOSURES."(State Ethics Commission Package; Financial Disclosures; Legislators; Lobbyists; Relationships) |
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"RELATING TO THE STATE BUDGET."(State Budget) |
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"RELATING TO FALSE CLAIMS."(Commission to Improve Standards of Conduct; False, Fictitious, or Fraudulent Claims; State; Counties; Penalties; Public Financing; Conviction) |
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"RELATING TO GOVERNMENT."(Commission to Improve Standards of Conduct; Penal Code; Government; Obstruction of Justice) |
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"RELATING TO FRAUD."(Commission to Improve Standards of Conduct; Fraud; Disqualification; Conviction) |
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"RELATING TO RECORDINGS OF PUBLIC MEETINGS."(Recordings of Public Meetings; Meeting Minutes; Public Record; Boards) |
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"RELATING TO NEPOTISM."(Commission to Improve Standards of Conduct; Nepotism; State Employees; Administrative Fine) |
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"RELATING TO PUBLIC RECORDS."(Commission to Improve Standards of Conduct; Public Records; Costs; Disclosure; Public Interest; Waiver; Office of Information Practices; Positions; Appropriation) |
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"RELATING TO CAMPAIGN CONTRIBUTIONS."(Commission to Improve Standards of Conduct; State and County Contractors; State and County Grantees; Campaign Contributions; Prohibitions) |
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"RELATING TO CAMPAIGN FUNDS."(Commission to Improve Standards of Conduct; Campaign Funds; Permitted Uses) |
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"RELATING TO COMPLAINTS ALLEGING VIOLATIONS OF CAMPAIGN SPENDING LAWS."(Commission to Improve Standards of Conduct; Campaign Spending Commission Package; Complaints; Campaign Spending Violations; Rebuttable Presumption) |
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Returning the following Senate Concurrent Resolutions which were adopted by the House on April 17, 2023, in an amended form:
802 |
"REQUESTING THE HAWAI‘I COUNTY DEPARTMENT OF WATER SUPPLY TO CONVENE A WORKING GROUP TO EXAMINE OPPORTUNITIES FOR INCREASING WATER ACCESS AND STRENGTHENING WATER INFRASTRUCTURE FOR UNDERSERVED COMMUNITIES ON HAWAI‘I ISLAND."(Hawai‘i County Department of Water Supply; Working Group; Water Access) |
AGREE/DISAGREE |
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803 |
"URGING HAWAII'S CONGRESSIONAL DELEGATION TO INTRODUCE AND SUPPORT LEGISLATION TO AMEND TITLE IV-A OF THE SOCIAL SECURITY ACT TO ALLOW UNSPENT TEMPORARY ASSISTANCE FOR NEEDY FAMILIES FUNDS TO BE USED BY STATES TO BUILD TRANSITIONAL SUPPORTIVE HOUSING AND AFFORDABLE RENTAL HOUSING."(TANF Funds; Transitional Supportive Housing; Affordable Rental Housing) |
AGREE/DISAGREE |
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804 |
S.C.R. No. 219, S.D. 1, H.D. 1 "REQUESTING THAT THE DEPARTMENT OF LAND AND NATURAL RESOURCES ADOPT ADMINISTRATIVE RULES REGULATING VESSEL SPEED NEAR HUMPBACK WHALES."(Whales; Boats; Vessels; Speed; Restrictions) |
AGREE/DISAGREE |
Returning the following Senate Concurrent Resolutions which were adopted by the House on April 17, 2023:
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805 |
"URGING THE CITY AND COUNTY OF HONOLULU TO IMPROVE ACCESS OF THEBUS IN OAHU'S RURAL COMMUNITIES."(City and County of Honolulu; Oahu; Rural Communities; TheBus; Public Transportation; Accessibility) |
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806 |
"DESIGNATING THE MONTH OF MARCH AS HAWAII KIDNEY AWARENESS MONTH."(Hawaii Kidney Awareness Month; Designation; Chronic Kidney Disease; ) |
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807 |
"URGING THE COUNTIES TO IMPLEMENT AND ENFORCE REGULATIONS THAT ENSURE CAR SHARING SERVICES AND OPERATIONS DO NOT NEGATIVELY IMPACT THE TRAFFIC, PARKING, AND CHARACTER OF RESIDENTIAL NEIGHBORHOODS."(Car Sharing Services; Counties; Street Parking; Regulation) |
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808 |
"URGING THE DEPARTMENT OF EDUCATION TO CREATE A PRIORITY LIST FOR REPAIRING PUBLIC SCHOOL FIRE ALARM SYSTEMS AND STUDY ACCEPTABLE ALTERNATIVES."(DOE; Public Schools; Fire Alarm Systems; Repairs; Priority List) |
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809 |
"DESIGNATING HAWAII'S CORAL REEFS AS CRITICAL NATURAL INFRASTRUCTURE AND STRONGLY SUPPORTING NATURE-BASED SOLUTIONS SUCH AS CORAL REEF RESTORATION FOR RISK REDUCTION."(Hawaii's Coral Reefs; Critical Natural Infrastructure; FEMA Funding) |
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810 |
"REQUESTING THAT THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS COMPILE PERTINENT DATA TO DETERMINE THE APPROPRIATE SCOPE OF A STUDY ANALYZING WHETHER IMPLEMENTATION IN THIS STATE OF LAWS SIMILAR TO CAPTIVE INSURANCE LAWS OF MASSACHUSETTS WOULD ADDRESS THIS STATE'S RESIDENTIAL CONDOMINIUM PROPERTY INSURANCE NEEDS."(Insurance Division; Department of Commerce and Consumer Affairs; Captive Insurance Study) |
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811 |
"URGING THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION TO PROMOTE SUPPORTIVE HOUSING IN THE STATE'S LOW-INCOME HOUSING TAX CREDIT PROGRAM."(Low-income Housing Tax Credit Program; Qualified Allocation Plan; Hawaii Housing Finance and Development Corporation) |
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812 |
"URGING THE CITY AND COUNTY OF HONOLULU TO EXEMPT FROM REAL PROPERTY TAX THOSE PROPERTY OWNERS OF RESIDENTIAL UNITS WITHIN ONE-HALF MILE OF AN ACTIVE MUNICIPAL SOLID WASTE LANDFILL OR CONSTRUCTION AND DEMOLITION LANDFILL OR DEEMED TO HAVE BEEN IMPACTED BY AN ACTIVE LANDFILL TO A DEGREE THAT WARRANTS SUCH AN EXEMPTION."(Municipal Solid Waste Landfill; Construction and Demolition Landfill; Property Tax; City and County of Honolulu; Exemption ) |
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813 |
"REQUESTING THE HAWAII BROADBAND AND DIGITAL EQUITY OFFICE TO INCREASE ACCESS TO WI-FI IN PUBLIC PARKS THROUGHOUT THE STATE."(Broadband and Digital Equity Office; Wi-Fi; Public Parks) |
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814 |
"SUPPORTING THE HAWAII STATE ENERGY OFFICE IN THE ESTABLISHMENT OF AN INTEGRATED HAWAII PACIFIC HYDROGEN HUB."(Hawaii State Energy Office; Hawaii Pacific Hydrogen Hub) |
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815 |
"URGING RETAIL STORES AND PHARMACIES DOING BUSINESS IN THE STATE TO ADOPT A POLICY ON A NATIONAL AND LOCAL LEVEL GUARANTEEING AN INDIVIDUAL'S UNHINDERED ACCESS TO ALL UNITED STATES FOOD AND DRUG ADMINISTRATION-APPROVED CONTRACEPTIVES."(Retail Stores; Pharmacies; Contraceptives; Access) |
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816 |
"URGING THE CITY AND COUNTY OF HONOLULU'S CRISIS OUTREACH RESPONSE AND ENGAGEMENT PROGRAM TO PROVIDE REGULAR CARE AND SERVICES TO INDIVIDUALS EXPERIENCING HOMELESSNESS IN THE CENTRAL OAHU, NORTH SHORE, LEEWARD, AND WINDWARD REGIONS OF OAHU ON A REGULAR ROTATING SCHEDULE."(Crisis Outreach Response and Engagement Program; City and County of Honolulu; Homelessness) |
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817 |
"URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO MINIMIZE HUMAN INTERACTION AT CERTAIN LOCATIONS DURING CORAL SPAWNING EVENTS."(Coral Reefs, Coral Spawning, Department of Land and Natural Resources; Minimize Human Interaction;) |
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818 |
"URGING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS TO IDENTIFY STATE JOB CLASSIFICATIONS FOR WHICH A DEGREE OR CAREER AND TECHNICAL EDUCATION CERTIFICATE FROM A COMMUNITY COLLEGE MAY SUBSTITUTE FOR AN ASSOCIATE OF ARTS DEGREE."(Department of Labor and Industrial Relations; Education; Career and Technical Education Programs) |
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819 |
"URGING THE REAL ESTATE COMMISSION TO DEVELOP POLICIES AND PROGRAMS TO INFORM AND EDUCATE CONDOMINIUM ASSOCIATION OWNERS AND BOARD MEMBERS OF CERTAIN MATTERS TO PROMOTE THE EFFICIENT ADMINISTRATION OF CONDOMINIUM ASSOCIATIONS."(Real Estate Commission; Department of Commerce and Consumer Affairs; Condominiums; Educations; Condominium Boards; Duties) |
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820 |
"REQUESTING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS TO CONTINUE TO RECOGNIZE AND ACCEPT THE RIGHT OF A PROVIDER OF SERVICE TO ASSIGN THE RIGHT TO PARTICIPATE IN A WORKERS' COMPENSATION BILLING DISPUTE TO A BILLING COMPANY; REVIEW THE WORKERS' COMPENSATION LAW FOR PROPOSED AMENDMENTS TO ENSURE THAT SERVICE PROVIDERS MAY ASSIGN THE RIGHT TO NEGOTIATE A BILL DISPUTE TO A BILLING COMPANY; AND INCLUDE THE PROPOSED AMENDMENTS IN A REPORT TO THE LEGISLATURE PRIOR TO THE REGULAR SESSION OF 2024."(Workers' Compensation; Billing Disputes; Provider of Service; DLIR; Report) |
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821 |
"REQUESTING THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT TO CONVENE A MULTIAGENCY WORKING GROUP TO IDENTIFY SITES THAT HAVE THE COLLECTIVE CAPACITY TO ACCOMMODATE TEN THOUSAND NEW HOMES PER YEAR, FOR THE NEXT FIFTY YEARS."(Hawaii State Planning Act; Working Group) |
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822 |
"URGING THE DEPARTMENT OF EDUCATION AND HAWAI‘I ASSOCIATION OF INDEPENDENT SCHOOLS TO EXPAND THE REVITALIZATION OF THE FUTURE FARMERS OF AMERICA AND 4-H YOUTH PROGRAMS TO SUPPORT PATHWAYS TO AGRICULTURE CAREERS IN HAWAII."(Department of Education, 4-H, Future Farmers of America, Farmer Education, Careers, Hawaii Association of Independent Schools) |
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823 |
"REQUESTING THE CITY AND COUNTY OF HONOLULU TO RELOCATE THE BUS TURNAROUND OFF MAKAU STREET TO KEAAU BEACH PARK OR THE SURROUNDING AREA."(Makau Street; Public Bus Transportation; Keeau Beach Park; Improvement Project) |
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824 |
"STRONGLY URGING THE SUPREME COURT OF THE UNITED STATES TO ADOPT A FORMAL ETHICS CODE FOR THE JUSTICES."(Code of Conduct; Ethics; Supreme Court of the United States) |
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825 |
"REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO IMPLEMENT AN IMMEDIATE FINE FOR GROUNDED VESSELS THAT HAVE REASONABLY CAUSED DAMAGE TO THE ENVIRONMENT OR CREATED A MATERIAL BURDEN ON THE STATE FOR ITS REMOVAL."(Grounded Vessels; Board of Land and Natural Resources; Department of Land and Natural Resources; Fines) |
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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). 1911-1913
(One Day Notice) |
(WTL) |
"REQUESTING THAT THE DEPARTMENT OF LAND AND NATURAL RESOURCES ADOPT ADMINISTRATIVE RULES REGULATING VESSEL SPEED NEAR HUMPBACK WHALES." (Recommends Adoption) |
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(One Day Notice) |
(PSM/JDC) |
"REQUESTING THE HAWAII CORRECTIONAL SYSTEM OVERSIGHT COMMISSION TO CONVENE A TASK FORCE TO EXAMINE AND MAKE RECOMMENDATIONS REGARDING EXISTING PROCEDURES OF THE HAWAII PAROLING AUTHORITY SETTING THE MINIMUM TERMS OF IMPRISONMENT." (AMENDED TITLE) (Recommends Adoption) |
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(One Day Notice) |
(WTL) |
"Submitting for consideration and confirmation to the Commission on Water Resource Management, Gubernatorial Nominee, LAWRENCE MIIKE, for a term to expire 06-30-2027."
(Recommends Senate Consent to Nomination) |
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Papahana O Ka Lā
ORDER OF THE DAY
A‘oa‘o A ‘Ae
ADVISE AND CONSENT
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PSM |
"Submitting for consideration and confirmation to the Correctional Industries Advisory Committee, Gubernatorial Nominee, FIDEL EVIOTA II, for a term to expire 06-30-2026." |
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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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‘Ōlelo Ho‘oholo E Koho Pāloka ‘la
ADOPT RESOLUTIONS
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PSM |
"URGING THE CITY AND COUNTY OF HONOLULU TO REMOVE THE OCEAN SAFETY AND LIFEGUARD SERVICES DIVISION FROM THE EMERGENCY SERVICES DEPARTMENT AND ESTABLISH IT AS A NEW, SEPARATE DEPARTMENT." |
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HRE/AEN |
"REQUESTING THE UNIVERSITY OF HAWAII WATER RESOURCES RESEARCH CENTER TO CONDUCT A FEASIBILITY STUDY ON NEW TECHNOLOGIES RELATED TO CESSPOOL WATER REMEDIATION, WHICH MAY INCLUDE ORGANIC BIODEGRADABLE WATER CLARIFIERS." (AMENDED TITLE) |
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WTL/AEN |
"REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO PROVIDE UPDATED STATISTICS AND FACTS RELATING TO THE DECLINE OF PALILA ON MAUNA KEA AND INVESTIGATE THE FACTORS CAUSING THE DECLINE OF THE PALILA POPULATION." |
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HWN/WTL |
"REQUESTING THE FORMATION OF A WORKING GROUP TO CREATE A PLAN REGARDING THE RETURN OF CULTURAL ARTIFACTS." |
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PSM |
"URGING THE MAYOR OF THE CITY AND COUNTY OF HONOLULU, HONOLULU CITY COUNCIL, AND HONOLULU AUTHORITY FOR RAPID TRANSPORTATION TO FIND A MEANS TO FUND THE CONSTRUCTION OF THE PARK-AND-RIDE GARAGE AT WAIAWA STATION AND URGING THE DEPARTMENT OF TRANSPORTATION SERVICES OF THE CITY AND COUNTY OF HONOLULU TO ESTABLISH ADDITIONAL TRANSIT SERVICES BETWEEN CENTRAL OAHU AND WAIAWA STATION." |
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EDU |
"URGING THE DEPARTMENT OF EDUCATION TO PRIORITIZE FUNDING FOR THE ENGLISH LEARNER PROGRAM IN PUBLIC SCHOOLS TO ADDRESS THE INCREASING POPULATION OF ENGLISH LEARNER STUDENTS." |
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Heluhelu Hope Loa
FINAL READING
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"RELATING TO MINORS."
(Domestic Abuse; Protective Orders; Petition; Minors; Emancipated Minors) |
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"RELATING TO CHILD VISITATION."
(Child Custody; Grandparent Visitation; Best Interest of the Child) |
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"RELATING TO WAGES."
(Wages; Timely Payment; General Contractors; Subcontractors; Liability) |
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"RELATING TO HEALTH."
(Drug Paraphernalia; Testing Products; Fentanyl Testing Strips; Uniform Controlled Substances Act; Exclusion) |
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"RELATING TO UNMANNED AIRCRAFT SYSTEMS."
(Drones; Unmanned Aircraft System; Trespass; Penalty) |
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"RELATING TO VEHICLES."
(Vehicles; Exhaust Emissions; Penalty) |
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"RELATING TO TRANSPORTATION."
(Department of Transportation; Mooring; Permits; Prohibitions) |
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Ho‘ouna Kōmike Ho‘olohe A Ho‘ouna Hou Paha
REFERRALS AND RE-REFERRALS
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 Reading
JDC |
"RELATING TO DESECRATION." (Native Hawaiian Caucus; Penal Code; Desecration; State of Mind; Definition) |
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JDC |
"RELATING TO JURORS." (Juror; Qualifications; Felon; Conviction; Finally Discharged; Pardoned) |
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JDC |
"RELATING TO PROTECTIVE ORDERS." (Protective Orders; Jurisdiction; Domestic Abuse; Harassment) |
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JDC |
"RELATING TO VOTING MORE THAN ONCE DURING AN ELECTION." (Elections; Voting Multiple Times) |
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LBT, JDC/WAM |
"RELATING TO THE REPEAL OF ACT 192, SESSION LAWS OF HAWAII 2007." (Employees' Retirement System; Repeal; Act 192, Session Laws of Hawaiʻi 2007) |
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LBT, WAM |
"RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND SPOUSAL MEDICARE PART B PREMIUM REIMBURSEMENT." (Hawaiʻi Employer-union Health Benefits Trust Fund; Spousal Medicare Part B Premium Reimbursement) |
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LBT, WAM |
"RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND MEDICARE PART B PREMIUM REIMBURSEMENT." (Hawaiʻi Employer-union Health Benefits Trust Fund Medicare Part B Premium Reimbursement; Income-related Monthly Adjustment Amount) |
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Ho‘olaha
ANNOUNCEMENTS
Papamanawa Ho‘olohe Palapala
· Committee Hearing Schedule:
COMMITTEE |
DATE & TIME |
ROOM |
PSM/EET |
4/18/2023 9:45 AM |
CR 225 & Videoconference |
EET |
4/18/2023 10:00 AM |
CR 225 & Videoconference |
INFO-HOU-HSG |
4/18/2023 1:00 PM |
CR 225 & Videoconference |
HOU |
4/18/2023 2:00 PM |
CR 225 & Videoconference |
GVO/TCA |
4/18/2023 3:00 PM |
CR 225 & Videoconference |
TCA |
4/18/2023 3:01 PM |
CR 225 & Videoconference |
CPN |
4/19/2023 9:00 AM |
CR 225 & Videoconference |
CPN |
4/19/2023 10:00 AM |
CR 225 |
EDU |
4/19/2023 10:45 AM |
CR 225 & Videoconference |
AEN |
4/19/2023 1:00 PM |
CR 225 & Videoconference |
CPN |
4/19/2023 2:00 PM |
CR 225 & Videoconference |
LBT |
4/19/2023 3:00 PM |
CR 225 & Videoconference |
JDC |
4/20/2023 9:30 AM |
CR 225 & Videoconference |
JDC |
4/20/2023 10:00 AM |
CR 225 & Videoconference |
JDC/HWN |
4/20/2023 10:15 AM |
CR 225 & Videoconference |
PSM |
4/20/2023 3:00 PM |
CR 225 & Videoconference |
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Ke Pani ‘Ana
ADJOURNMENT