1 1 2 3 SENATE/HOUSE OF REPRESENTATIVES 4 THE 21ST LEGISLATURE 5 INTERIM OF 2001 6 7 8 9 JOINT SENATE-HOUSE INVESTIGATIVE COMMITTEE HEARING 10 DECEMBER 19, 2001 11 12 13 14 Taken at the State Capitol, 415 South Beretania, 15 Conference Room 325, Honolulu, Hawaii commencing at 16 9:10 a.m. on Wednesday, December 19, 2001. 17 18 19 20 BEFORE: MYRLA R. SEGAWA, CSR No. 397 21 Notary Public, State of Hawaii 22 23 24 25 2 1 APPEARANCES: 2 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 Representative Barbara Marumoto 12 Senator Norman Sakamoto 13 Senator David Matsuura 14 15 16 17 18 19 20 21 22 23 24 25 3 1 P R O C E E D I N G S 2 CO-CHAIR REPRESENTATIVE SAIKI: Good 3 morning, Members. We'd like to convene our joint 4 investigative committee to investigate the State's 5 efforts to comply with the Felix consent decree. 6 We'll begin 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 SENATOR KOKUBUN: Here. 13 CO-CHAIR SENATOR HANABUSA: Vice-Chair 14 Oshiro? 15 VICE-CHAIR REPRESENTATIVE OSHIRO: Here. 16 CO-CHAIR SENATOR HANABUSA: 17 Representative Ito? 18 REPRESENTATIVE ITO: Here. 19 CO-CHAIR SENATOR HANABUSA: 20 Representative Kawakami? 21 REPRESENTATIVE KAWAKAMI: Here. 22 CO-CHAIR SENATOR HANABUSA: 23 Representative Leong? 24 REPRESENTATIVE LEONG: Present. 25 CO-CHAIR SENATOR HANABUSA: 4 1 Representative Marumoto? 2 REPRESENTATIVE MARUMOTO: Here. 3 CO-CHAIR SENATOR HANABUSA: 4 Senator Sakamoto? 5 SENATOR SAKAMOTO: Here. 6 CO-CHAIR SENATOR HANABUSA: We have a 7 quorum. 8 CO-CHAIR REPRESENTATIVE SAIKI: Thank 9 you, Members. At this time we'd like to recommend 10 that we go into executive session for the purpose of 11 discussing our final report and responses received by 12 interested parties to the investigation. Is there 13 any discussion? If not, let's take a roll call vote. 14 CO-CHAIR SENATOR HANABUSA: Motion is to 15 go into executive session. Co-Chair Saiki? 16 CO-CHAIR REPRESENTATIVE SAIKI: Yes. 17 CO-CHAIR SENATOR HANABUSA: Vice-Chair 18 Kokubun? 19 VICE-CHAIR SENATOR KOKUBUN: Yes. 20 CO-CHAIR SENATOR HANABUSA: Vice-Chair 21 Oshiro? 22 VICE-CHAIR REPRESENTATIVE OSHIRO: I. 23 CO-CHAIR SENATOR HANABUSA: 24 Representative Ito? 25 REPRESENTATIVE ITO: I. 5 1 CO-CHAIR SENATOR HANABUSA: 2 Representative Kawakami? 3 REPRESENTATIVE KAWAKAMI: I. 4 CO-CHAIR SENATOR HANABUSA: 5 Representative Leong? 6 REPRESENTATIVE LEONG: I. 7 CO-CHAIR SENATOR HANABUSA: 8 Representative Marumoto? 9 REPRESENTATIVE MARUMOTO: I. 10 CO-CHAIR SENATOR HANABUSA: Senator 11 Sakamoto? 12 SENATOR SAKAMOTO: Yes. 13 CO-CHAIR SENATOR HANABUSA: Motion has 14 passed. 15 CO-CHAIR REPRESENTATIVE SAIKI: Members, 16 we'll convene our executive session next door and 17 we'll reconvene our public hearing at 9:45 in this 18 room. Recess. 19 (Recess from 9:12 a.m. to 10:15 a.m.) 20 CO-CHAIR REPRESENTATIVE SAIKI: Members, 21 we'd like to reconvene our hearing. At this point 22 we'd like to make a motion to basically accept our 23 final report. The motion is actually at this point 24 is for persons to accept our draft report as our 25 final report and this was a draft report that was 6 1 submitted to the committee on December 3. Attached 2 to that will be a Chapter 3 which will contain 3 conclusions. 4 We will also append to our report the 5 responses received from various individuals, and I'll 6 go through the list of those individuals. Perry 7 Confalone on behalf of Dr. Richard Kravetz and Linda 8 Hufano, comments submitted by Dr. Tina McLaughlin of 9 CARE, comments submitted by Kaniu Kinimaka-Stocksdale 10 of Na Laukoa, comments submitted by Pat Hamamoto from 11 the DOE, comments submitted by Edwin Koyama who's the 12 internal auditor for the DOE. Comments submitted by 13 former superintendent Paul LeMahieu, comments 14 submitted by John Kofel, President of PREL, and 15 comments submitted by Dr. Bruce Anderson of the 16 Department of Health. 17 We will also include in our final report 18 the committee's comments or responses to the 19 responses submitted by these eight individuals. Is 20 there any discussion on the motion? If not, we'll 21 take a roll call vote. 22 SENATOR SAKAMOTO: What about the 23 attachments? 24 CO-CHAIR SENATOR HANABUSA: What Senator 25 Sakamoto was referring to was that if any of the 7 1 comments exceeded or have attachments because they 2 would have exceeded three pages, you want us to 3 announce where people can find those specific 4 attachments. The attachments will be made available 5 on the web site as well as any clerk's offices 6 suppository all of our information, and that records 7 will be made in the report as well. 8 SENATOR SAKAMOTO: Thank you. 9 CO-CHAIR SENATOR HANABUSA: And the final 10 report should also be available on the web. Again, 11 Members, distribution of the report will probably be 12 on December 26. 13 CO-CHAIR REPRESENTATIVE SAIKI: Is there 14 any other comments? If not, we'll take a roll call. 15 CO-CHAIR SENATOR HANABUSA: Motion is the 16 acceptance of the final report of the committee as 17 stated by Co-Chair Saiki. Co-Chair Saiki? 18 CO-CHAIR REPRESENTATIVE SAIKI: Yes. 19 CO-CHAIR SENATOR HANABUSA: Vice-Chair 20 Kokubun. 21 VICE-CHAIR SENATOR KOKUBUN: I. 22 CO-CHAIR SENATOR HANABUSA: Vice-Chair 23 Oshiro? 24 VICE-CHAIR REPRESENTATIVE OSHIRO: I. 25 CO-CHAIR SENATOR HANABUSA: 8 1 Representative Ito? 2 REPRESENTATIVE ITO: I. 3 CO-CHAIR SENATOR HANABUSA: 4 Representative Kawakami? 5 REPRESENTATIVE KAWAKAMI: I. 6 CO-CHAIR SENATOR HANABUSA: 7 Representative Leong? 8 REPRESENTATIVE LEONG: I. 9 CO-CHAIR SENATOR HANABUSA: 10 Representative Marumoto? 11 REPRESENTATIVE MARUMOTO: I. 12 CO-CHAIR SENATOR HANABUSA: Senator 13 Matsuura? 14 SENATOR MATSUURA: I. 15 CO-CHAIR SENATOR HANABUSA: Senator 16 Sakamoto? 17 SENATOR SAKAMOTO: Yes. 18 CO-CHAIR SENATOR HANABUSA: Motion is 19 carried. 20 CO-CHAIR REPRESENTATIVE SAIKI: Well, 21 Members, pending any other further subpoenas, we will 22 adjourn our committee hearing. Thank you very much. 23 (Hearing adjourned at 10:19 a.m.) 24 25 9 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 2nd day of JANUARY 2002, in 17 Honolulu, Hawaii. 18 19 20 21 ______________________________ 22 MYRLA R. SEGAWA, CSR No. 397 Notary Public, State of Hawaii 23 My Commission Exp: 1-27-2005 24 25