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

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         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

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          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

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         15

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          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:






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          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.






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          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






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          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






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          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:






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          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

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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  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