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3 SENATE/HOUSE OF REPRESENTATIVES
4 THE 21ST LEGISLATURE
5 INTERIM OF 2001
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9 JOINT SENATE-HOUSE INVESTIGATIVE COMMITTEE HEARING
10 DECEMBER 3, 2001
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14 Taken at the State Capitol, 415 South Beretania,
15 Conference Room 325, Honolulu, Hawaii commencing at
16 9:11 a.m. on Monday, December 3, 2001.
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20 BEFORE: MYRLA R. SEGAWA, CSR No. 397
21 Notary Public, State of Hawaii
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1 APPEARANCES:
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3 Senate-House Investigative Committee:
4 Co-Chair Senator Colleen Hanabusa
5 Co-Chair Representative Scott Saiki
6 Vice-Chair Senator Russell Kokubun
7 Vice-Chair Representative Blake Oshiro
8 Representative Ken Ito
9 Representative Bertha Kawakami
10 Representative Bertha Leong
11 Senator Norman Sakamoto
12 Senator Sam Slom
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14 Also Present:
15 Special Counsel James Kawashima
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1 P R O C E E D I N G S
2 CO-CHAIR REPRESENTATIVE SAIKI: Members,
3 we'd like to convene our joint investigative
4 committee to investigate the State's efforts to
5 comply with the Felix consent decree. We'll begin
6 with roll call.
7 CO-CHAIR SENATOR HANABUSA: Co-Chair
8 Saiki?
9 CO-CHAIR REPRESENTATIVE SAIKI: Present.
10 CO-CHAIR SENATOR HANABUSA: Vice-Chair
11 Kokubun?
12 VICE-CHAIR KOKUBUN: Here.
13 CO-CHAIR SENATOR HANABUSA: Vice-Chair
14 Oshiro?
15 VICE-CHAIR OSHIRO: Here.
16 CO-CHAIR SENATOR HANABUSA:
17 Senator Buen is excused. Representative Ito?
18 REPRESENTATIVE ITO: Here.
19 CO-CHAIR SENATOR HANABUSA:
20 Representative Kawakami?
21 REPRESENTATIVE KAWAKAMI: I.
22 CO-CHAIR SENATOR HANABUSA:
23 Representative Leong?
24 REPRESENTATIVE LEONG: Here.
25 CO-CHAIR SENATOR HANABUSA:
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1 Representative Marumoto is excused. Senator Matsuura is
2 excused. Senator Sakamoto?
3 SENATOR SAKAMOTO: Here.
4 CO-CHAIR SENATOR HANABUSA: Senator Slom?
5 SENATOR SLOM: Here.
6 CO-CHAIR SENATOR HANABUSA: We have a
7 quorum.
8 CO-CHAIR REPRESENTATIVE SAIKI: Thank
9 you, Members. Members, the Co-Chairs would like to
10 recommend that we move to convene an executive
11 session for the following purposes. First, to
12 receive and review the draft report of this committee
13 and to discuss possible amendments to the draft
14 report; second, to consult with our committee special
15 counsel; third, to discuss the possibility of
16 authorizing further subpoenas; fourth, to discuss the
17 timetable and overview of our investigation; and
18 finally, to discuss any other procedural requirements
19 concerning our draft report.
20 We will convene next door at Room 325,
21 and we will reconvene our public hearing in this room
22 at 1:30 p.m. today. Is there any discussion?
23 If not, we'll take a roll call vote.
24 CO-CHAIR SENATOR HANABUSA: Members, this
25 is the motion to convene in executive session.
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1 Co-Chair Saiki?
2 CO-CHAIR REPRESENTATIVE SAIKI: Yes.
3 CO-CHAIR SENATOR HANABUSA: Vice-Chair
4 Kokubun?
5 VICE-CHAIR KOKUBUN: I.
6 CO-CHAIR SENATOR HANABUSA: Vice-Chair
7 Oshiro?
8 VICE-CHAIR OSHIRO: I.
9 CO-CHAIR SENATOR HANABUSA:
10 Representative Ito?
11 REPRESENTATIVE ITO: I.
12 CO-CHAIR SENATOR HANABUSA:
13 Representative Kawakami?
14 REPRESENTATIVE KAWAKAMI: I.
15 CO-CHAIR SENATOR HANABUSA:
16 Representative Leong?
17 REPRESENTATIVE LEONG: I.
18 CO-CHAIR SENATOR HANABUSA:
19 Representative Marumoto is excused. Senator Sakamoto?
20 SENATOR SAKAMOTO: Yes.
21 CO-CHAIR SENATOR HANABUSA: Senator Slom?
22 SENATOR SLOM: I.
23 CO-CHAIR SENATOR HANABUSA: Motion has
24 passed.
25 CO-CHAIR REPRESENTATIVE SAIKI: Members,
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1 we'll recess and we'll reconvene our public hearing
2 today at 1:30 today. Thank you.
3 (Recess from 9:13 a.m. to 2:05 p.m.)
4 CO-CHAIR REPRESENTATIVE SAIKI:
5 Members, we'd like to reconvene our hering. We have a
6 couple of motions that we'd like to raise today.
7 First, Members, you have all received
8 copies of our investigative committee's draft report,
9 and at this point the Co-Chairs would like to move
10 that this committee accept the draft report. Is
11 there any discussion?
12 If not, we'll take a roll call vote.
13 CO-CHAIR SENATOR HANABUSA: Co-Chair
14 Saiki?
15 CO-CHAIR REPRESENTATIVE SAIKI: Here.
16 CO-CHAIR SENATOR HANABUSA: Vice-Chair
17 Kokubun?
18 VICE-CHAIR KOKUBUN: I.
19 CO-CHAIR SENATOR HANABUSA: Vice-Chair
20 Oshiro?
21 VICE-CHAIR OSHIRO: I.
22 CO-CHAIR SENATOR HANABUSA:
23 Representative Ito?
24 REPRESENTATIVE ITO: I.
25 CO-CHAIR SENATOR HANABUSA:
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1 Representative Kawakami?
2 REPRESENTATIVE KAWAKAMI: I.
3 CO-CHAIR SENATOR HANABUSA:
4 Representative Leong?
5 REPRESENTATIVE LEONG: I.
6 CO-CHAIR SENATOR HANABUSA:
7 Senator Slom?
8 SENATOR SLOM: I.
9 CO-CHAIR SENATOR HANABUSA: Is accepted.
10 Members, the second motion which the Co-Chairs would
11 like for you to authorize is regarding the
12 distribution of the copies of the draft reports to
13 persons who are subject of the witnesses that have
14 testified at the committee hearing pursuant to Rule
15 2.8 C and D, and it will also include anyone else
16 who'd be an interested party or entity.
17 What the Co-Chairs include in this
18 authorization is the authority to the Co-Chairs to
19 make that final list of persons who will receive the
20 draft reports for comment.
21 In addition, the letter which we will
22 attach to the draft report will set forth the
23 following information. We are requesting that
24 everyone's response to be appended to the report be
25 limited to three pages single spaced. However, if
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1 anyone's response is in excess of three pages single
2 spaced, they may submit such a response; however, it
3 will not be appended to the report and we will
4 request an executive summary that will note the fact
5 that such a response was received and what is being
6 appended is an executive summary. It is intended
7 that all responses will be made available on the web
8 for public review as soon as we are in receipt of
9 that.
10 In that vein we are asking everyone to
11 append or to send with their response a diskette
12 which contains any information with their final
13 response which we will be appending to the report.
14 All responses must be in writing and received no
15 later than December 18 by 4:30 in the afternoon to
16 the legislative auditor's office attention to Marion
17 Higa.
18 Any discussions?
19 Co-Chair Saiki has informed me that I was
20 not clear that the executive summaries are also
21 limited to three pages single spaced as well.
22 Anything that will become part of that official
23 document which is distributed as far as the responses
24 are concerned is limited to three pages single
25 spaced. And again, we reiterate that that does not
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1 limit any response to that number of pages. It just
2 simply says that's what is going to be appended and
3 we will make available to the web to the public the
4 whole response. Any discussion, any more
5 clarifications? If not, Representative Saiki.
6 CO-CHAIR REPRESENTATIVE SAIKI: Co-Chair
7 Hanabusa?
8 CO-CHAIR SENATOR HANABUSA: I.
9 CO-CHAIR REPRESENTATIVE SAIKI:
10 Vice-Chair Kokubun?
11 VICE-CHAIR KOKUBUN: I.
12 CO-CHAIR REPRESENTATIVE SAIKI:
13 Vice-Chair Oshiro?
14 VICE-CHAIR OSHIRO: I.
15 CO-CHAIR REPRESENTATIVE SAIKI:
16 Representative Ito?
17 REPRESENTATIVE ITO: I.
18 CO-CHAIR REPRESENTATIVE SAIKI:
19 Representative Kawakami?
20 REPRESENTATIVE KAWAKAMI: I.
21 CO-CHAIR REPRESENTATIVE SAIKI:
22 Representative Leong?
23 REPRESENTATIVE LEONG: I.
24 CO-CHAIR REPRESENTATIVE SAIKI: Senator
25 Slom?
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1 SENATOR SLOM: I.
2 CO-CHAIR REPRESENTATIVE SAIKI: Motion
3 passed eight I's, four excused.
4 CO-CHAIR SENATOR HANABUSA: Members, as
5 we have discussed in prior hearings, we will also be
6 reconvening again sometime after the 14th day has
7 passed and we have received the responses, and at
8 that time, we will be adopting the final report. As
9 you are all aware, we must submit the report to both
10 houses of the legislature no later than 20 days
11 before the legislative session begins. Any other
12 matters before this committee at this time? If not,
13 thank you.
14 CO-CHAIR REPRESENTATIVE SAIKI: Recess.
15 (Hearing adjourned at 2:09 p.m.)
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1 C E R T I F I C A T E
2 STATE OF HAWAII )
) SS:
3 CITY AND COUNTY OF HONOLULU )
4 I, MYRLA R. SEGAWA, Notary Public, State of
5 Hawaii, do hereby certify:
6 That on Monday, December 3, 2001, at
7 9:11 a.m., the hearing was taken down by me in
8 machine shorthand and was thereafter reduced to
9 typewriting under my supervision; that the foregoing
10 represents, to the best of my ability, a true and
11 correct transcript of the proceedings had in the
12 foregoing matter.
13 I further certify that I am not an attorney
14 for any of the parties hereto, nor in any way
15 concerned with the cause.
16 DATED this 17th day of DECEMBER 2001, in
17 Honolulu, Hawaii.
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22 MYRLA R. SEGAWA, CSR No. 397
Notary Public, State of Hawaii
23 My Commission Exp: 1-27-2005
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