THE SENATE
OF THE
TWENTY-SEVENTH LEGISLATURE
STATE OF HAWAI'I
REGULAR SESSION OF 2013
FIFTY-SEVENTH DAY
April 25, 2013-Thursday-6:30 O'CLOCK P.M.
ORDER OF BUSINESS
Roll Call
Approval of the Journal
Introductions
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Dated April 22, 2013, transmitting a proposed conference draft (C.D. 1) amending S.B. No. 895, S.D. 1, H.D. 1 to fund the settlement concerning Collective Bargaining Units 2, 3, and 4. |
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Dated April 22, 2013, transmitting the 2011-2012 Annual Report of the Department of Taxation pursuant to Section 231-3(8), HRS. |
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Dated April 24, 2013, transmitting a proposed conference draft (C.D. 1) amending S.B. No. 902, S.D. 1, H.D. 1 to fund the settlement concerning Collective Bargaining Unit 8. |
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Informing the Senate that on April 24, 2013, the Governor has withdrawn KAMAKI KANAHELE III, Gubernatorial Nominee to the Hawai'i Community Development Authority, from consideration by the Senate (GM755).
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: SB1102 (Act 039). MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HUMAN SERVICES FROM THE HOSPITAL SUSTAINABILITY PROGRAM SPECIAL FUND. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: SB1112 (Act 040). RELATING TO DELETING STATE PUBLIC HOUSING DELINQUENT ACCOUNTS. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: SB540 (Act 041). RELATING TO VETERANS. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: HB998 (Act 042). RELATING TO PRIVATE TRANSFER FEES. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: SB1184 SD1 (Act 043). RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE INTERNAL REVENUE CODE. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: SB1192 SD1 (Act 044). RELATING TO COLLECTION OF TAXES. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: SB1203 SD1 (Act 045). RELATING TO CONFORMITY OF THE HAWAII ESTATE AND GENERATION-SKIPPING TRANSFER TAX LAW TO THE INTERNAL REVENUE CODE. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: SB1190 SD1 (Act 046). RELATING TO THE IMPOSITION OF USE TAX ON IMPORTED CONTRACTING. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: SB423 (Act 047). RELATING TO IN VITRO FERTILIZATION INSURANCE COVERAGE. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: HB944 (Act 048). RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT. |
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Informing the Legislature that on April 23, 2013, the Governor signed the following bill into law: SB913 SD1 (Act 049). RELATING TO TIME SHARES. |
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From the Office of the Auditor dated April 16, 2013, transmitting the report, "Audit of the Department of Hawaiian Home Lands' Homestead Services Division" (Report No. 13-02). |
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From the Office of the Auditor dated April 23, 2013, transmitting the report, "Report on the Implementation of State Auditor's 2010 Recommendations" (Report No. 13-03). |
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Returning the following Senate Concurrent Resolutions which were adopted by the House on April 24, 2013: |
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732 |
"REQUESTING THE AUDITOR TO CONDUCT A STUDY OF THE POTENTIAL REGULATION OF UNACCREDITED DEGREE GRANTING INSTITUTIONS IN THE STATE."(Unaccredited Universities and Colleges) |
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733 |
"REQUESTING THE BOARD OF EDUCATION AND DEPARTMENT OF EDUCATION TO EVALUATE THE IMPLEMENTATION OF A PLAN TO PROMOTE GREATER AWARENESS OF DYSLEXIA AND PROVIDE COMPREHENSIVE SUPPORT FOR STUDENTS WITH DYSLEXIA AND OTHER LITERACY CHALLENGES."(Dyslexia; Board of Education; Department of Education) |
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734 |
"REQUESTING THE UNIVERSITY OF HAWAII AT HILO TO ESTABLISH A FORMAL ASSOCIATION WITH THE RISE 21ST CENTURY AFTER SCHOOL PROGRAM."(UH Hilo; R.I.S.E. Program) |
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Informing the Senate that on April 24, 2013, the House made changes to conferee assignments to the following bills: |
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735 |
"RELATING TO NURSING."(Nursing-Related Data; Nursing; Licensing) |
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"RELATING TO THE DESIGNEES FOR THE DIRECTORS OF THE DEPARTMENTS OF COMMERCE AND CONSUMER AFFAIRS, OF HEALTH, OF HUMAN SERVICES, AND OF LABOR AND INDUSTRIAL RELATIONS FOR THE BOARD OF DIRECTORS OF THE HAWAII HEALTH INSURANCE EXCHANGE."(Hawaii Health Insurance Exchange; Hawaii Health Connector; Board of Directors; Designee's Voting Authority) |
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"RELATING TO HIGHWAY SAFETY."(Highway Safety; Use of Mobile Electronic Devices) |
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Informing the Senate that on April 24, 2013, the House reconsidered its action in disagreeing to the amendments proposed by the Senate to the following House Bills: |
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736 |
"RELATING TO THE DESIGNEES FOR THE DIRECTORS OF THE DEPARTMENTS OF COMMERCE AND CONSUMER AFFAIRS, OF HEALTH, OF HUMAN SERVICES, AND OF LABOR AND INDUSTRIAL RELATIONS FOR THE BOARD OF DIRECTORS OF THE HAWAII HEALTH INSURANCE EXCHANGE."(Hawaii Health Insurance Exchange; Hawaii Health Connector; Board of Directors; Designee's Voting Authority) |
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"RELATING TO HIGHWAY SAFETY."(Highway Safety; Use of Mobile Electronic Devices) |
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737 |
"RELATING TO NURSING."(Nursing-Related Data; Nursing; Licensing) |
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Informing the Senate that on April 24, 2013, the House agreed to the amendments proposed by the Senate and that said resolutions have been adopted in final form in the House: |
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738 |
"COMMEMORATING THE TWENTIETH ANNIVERSARY OF PUBLIC LAW 103-150, RECOGNIZING THE PROGRESS MADE TOWARDS RECONCILIATION AND NATIVE HAWAIIAN SELF-GOVERNANCE AND SELF-DETERMINATION, REAFFIRMING THE STATE'S COMMITMENT TO RECONCILIATION WITH NATIVE HAWAIIANS FOR HISTORICAL INJUSTICES, URGING THE FEDERAL GOVERNMENT TO ADVANCE RECONCILIATION EFFORTS WITH NATIVE HAWAIIANS, AND SUPPORTING EFFORTS TO FURTHER THE SELF-DETERMINATION AND SOVEREIGNTY OF NATIVE HAWAIIANS."(OHA Package; Apology Resolution; Commemoration) |
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"AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT LANIKAI, KOOLAUPOKO, OAHU, FOR SEAWALL AND REVETMENT PURPOSES."(Lanikai; Easement; Seawall; Department of Land and Natural Resources) |
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"REQUESTING THE ESTABLISHMENT OF A TASK FORCE TO EXAMINE THE FEASIBILITY OF FORMING A UNIVERSITY OF HAWAII AT HILO MEN'S VOLLEYBALL TEAM."(University of Hawaii at Hilo Men's Volleyball Team Task Force) |
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"REQUESTING THE DEPARTMENT OF EDUCATION TO EXPAND THE MANDARIN CHINESE LANGUAGE CURRICULUM IN PUBLIC HIGH SCHOOLS."(Mandarin Chinese Language Curriculum; Public High Schools) |
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"REQUESTING THE DEPARTMENT OF BUDGET AND FINANCE TO CONDUCT A STUDY ON THE FEASIBILITY OF USING SOCIAL IMPACT BONDS TO FUND EARLY LEARNING PROGRAMS AND SERVICES IN THE STATE."(Social Impact Bonds; Early Learning Programs and Services) |
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"REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CONDUCT A STUDY OF THE COMMERCIAL VESSEL PERMITS IN STATE SMALL BOAT HARBORS INVOLVING OCEAN-RELATED ACTIVITIES FOR OCEAN WATERS BETWEEN KALAELOA POINT AND KAENA POINT, CONSULT WITH THE WAIANAE COAST COMMUNITY ON THE EXISTING AND FUTURE OCEAN-USE ACTIVITIES."(Department of Land and Natural Resources; Kaena Point; Kalaeloa Point; Small Boat Harbors; Commercial Permits) |
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"URGING CONGRESS TO SUPPORT THE CONSTRUCTION OF A MEMORIAL COMMEMORATING THE WAR IN THE PACIFIC AT THE PEARL HARBOR VISITOR CENTER."("War in the Pacific" Memorial; Pearl Harbor Visitor Center; World War II Valor in the Pacific National Monument) |
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H.C.R. No. 178, H.D. 1, S.D. 1 "REQUESTING THE BOARD OF EDUCATION TO REVIEW AND MODIFY BOARD POLICY NO. 6710 TO IDENTIFY WAYS TO INCORPORATE SUSTAINABILITY EDUCATION AND ENVIRONMENTAL STEWARDSHIP AT THE CLASSROOM LEVEL."(Education; Curriculum; Sustainability) |
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Informing the Senate that on April 24, 2013, the following bill passed Final Reading in the House: |
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739 |
"RELATING TO TRANSPORTATION OF SCHOOL CHILDREN."(Transportation of School Children; Contracts; Wage Certification) |
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Informing the Senate that on April 25, 2013, the House made changes to conferee assignments to the following bills |
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740 |
"RELATING TO HEALTH."(Tobacco; Tobacco Product Placement; Medical Use of Marijuana; Medical Use of Marijuana Program) |
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741 |
"RELATING TO VETERINARY MEDICINE."(Veterinary Medicine; Criminal Penalties; Pet Animals) |
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Informing the Senate that on April 25, 2013, the House appointed Conferees to the following bill: |
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742 |
"RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND."(Hawaii Employer-union Health Benefits Trust Fund; Task Force; Annual Required Contribution; OPEB) |
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(48 Hrs. Notice) |
S.B. No. 3, S.D. 1, H.D. 2, C.D. 1 "RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 407, S.D. 1, H.D. 2, C.D. 1 "RELATING TO ISLAND BURIAL COUNCILS." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
H.B. No. 1405, H.D. 2, S.D. 2, C.D. 1 "RELATING TO THE PUBLIC UTILITIES COMMISSION." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
H.B. No. 1203, H.D. 1, S.D. 1, C.D. 1 "RELATING TO THE NATIONAL GUARD." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
H.B. No. 235, H.D. 1, S.D. 1, C.D. 1 "RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 1118, S.D. 1, H.D. 1, C.D. 1 "RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 1070, S.D. 2, H.D. 1, C.D. 1 "RELATING TO MORTGAGE SERVICERS." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 1071, S.D. 2, H.D. 1, C.D. 1 "RELATING TO FINANCIAL INSTITUTIONS." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 1077, S.D. 2, H.D. 2, C.D. 1 "RELATING TO THE OWNER-BUILDER EXEMPTION." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
S.B. No. 1265, S.D. 1, H.D. 1, C.D. 1 "RELATING TO CONTRACTS." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
H.B. No. 848, H.D. 2, S.D. 1, C.D. 1 "RELATING TO HEALTH INSURANCE." (Recommends passage on FINAL READING as amended C.D. 1) |
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(48 Hrs. Notice) |
H.B. No. 673, H.D. 2, S.D. 2, C.D. 1 "RELATING TO PESTICIDES." (Recommends passage on FINAL READING as amended C.D. 1) |
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ORDER OF THE DAY
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"AUTHORIZING THE EXCHANGE AND SALE OF PROPERTY BETWEEN THE STATE OF HAWAII AND NAPOLEON, ET AL., APPROVED BY THE BOARD OF LAND AND NATURAL RESOURCES AT ITS MEETING ON JUNE 8, 2012, UNDER AGENDA ITEM D-11." |
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"REQUESTING THE EXTENSION OF THE GOVERNMENT CONTRACTING TASK FORCE TO DEVELOP RECOMMENDATIONS TO ADDRESS ISSUES THAT AFFECT PROCUREMENT FOR GOODS AND SERVICES PURCHASED THROUGH NONPROFIT ORGANIZATIONS, INCLUDING HUMAN SERVICE NONPROFIT ORGANIZATIONS THAT DELIVER PIVOTAL GOODS AND SERVICES TO INDIVIDUALS, FAMILIES, COMMUNITIES, AND OTHER SMALL BUSINESSES." |
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"RELATING TO THE DEPARTMENT OF EDUCATION."
(Department of Education; Aerospace Advisory Committee; Marine and Coastal Management) |
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S.B. No. 1082, S.D. 1, H.D. 2, C.D. 1 "RELATING TO TRANSPORTATION OF SCHOOL CHILDREN."
(Transportation of School Children; Contracting Provisions) |
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S.B. No. 328, S.D. 1, H.D. 2, C.D. 1 "RELATING TO ANIMALS."
(Residential Landlord-tenant Code; Security Deposit; Animals; Pet Animals) |
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S.B. No. 502, S.D. 1, H.D. 1, C.D. 1 "RELATING TO REAL ESTATE SELLER DISCLOSURE."
(Real Estate; Seller Disclosure; Required Documents) |
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S.B. No. 507, S.D. 1, H.D. 1, C.D. 1 "RELATING TO PLANNED COMMUNITY ASSOCIATIONS."
(Planned Community Associations; Notice Requirements; Regular and Special Meetings) |
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"RELATING TO SECURITIES LAW."
(Uniform Securities Act) |
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"RELATING TO PUBLIC HOUSING."
(Hawaii Public Housing Authority; Public Housing Project; Definition) |
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"RELATING TO SENTENCING."
(Sentencing; Drug Offenses; Mandatory Minimums) |
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"RELATING TO THRILL CRAFT."
(Thrill Craft; Use; Exception; Ocean Cleanup) |
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"RELATING TO WATER CONSERVATION."
(Water Pollution; Gray Water; Irrigation) |
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TITLE |
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From 531 residents of the State of Hawaii, submitting a "Petition to vote No to S.B. No. 237 and H.B. No. 865," which would allow the lease of public school land to private developers even if the land is currently being used for the education of our keiki. |
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From Non-Partisan Ohana Hawaii, dated April 23, 2013, submitting the "Non-Partisan Ohana Hawaii Petition to the Hawaii State Legislature stating strong opposition to H.B. No. 70, S.B. No 1207 and S.B. No 1171, and requesting rejection of these measures. |
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· Waiver of Referral; One Day Notice for Adoption
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PSM/JDL/WAM |
"URGING THE BOARD OF TRUSTEES OF THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND TO PAY THE TRICARE RESERVE SELECT PREMIUM FOR ELIGIBLE STATE AND COUNTY EMPLOYEES WHO ARE MEMBERS OF THE NATIONAL GUARD AND RESERVES WHO DECLINE HEALTH INSURANCE COVERAGE THROUGH THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND AND INSTEAD OPT FOR HEALTH INSURANCE COVERAGE THROUGH TRICARE RESERVE SELECT." |
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PSM/WAM |
"REQUESTING THE OFFICE OF VETERANS SERVICES, WITH THE ASSISTANCE OF OTHER DEPARTMENTS, TO PLAN AND ESTABLISH A MEMORIAL HONORING THE VETERANS OF THE PERSIAN GULF WAR, OPERATION DESERT STORM, OPERATION IRAQI FREEDOM, OPERATION NEW DAWN, AND OPERATION ENDURING FREEDOM." |
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PSM/EGH/WAM |
"EXPRESSING SUPPORT FOR FEDERAL FUNDING TO FINANCE A COMPREHENSIVE FEASIBILITY STUDY TO EVALUATE THE POTENTIAL FOR ESTABLISHING A WORLD-CLASS COMMERCIAL SPACE LAUNCH AND CONTROL FACILITY IN THE STATE OF HAWAII." |
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· Reconsideration of Disagreement to House Amendments; Motion
to Agree;
One Day Notice for Final Reading
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JDL |
"RELATING TO SIMULATED FIREARMS."
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HTH/PSM |
"RELATING TO MENTAL HEALTH."
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PSM |
"RELATING TO FIRE PROTECTION."
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HMS/PSM, CPN |
"RELATING TO EXEMPTIONS FROM CHILD CARE LICENSING."
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TEC |
"RELATING TO THE REVIEW OF HISTORIC PRESERVATION PROJECTS." |
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· Committee Hearing Schedule:
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COMMITTEE |
DATE & TIME |
ROOM |
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CONF |
4/25/2013 9:15 AM |
312 |
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CONF |
4/25/2013 9:30 AM |
312 |
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CONF |
4/25/2013 10:00 AM |
329 |
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CONF |
4/25/2013 10:15 AM |
329 |
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CONF |
4/25/2013 10:30 AM |
325 |
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CONF |
4/25/2013 10:30 AM |
224 |
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CONF |
4/25/2013 10:30 AM |
325 |
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CONF |
4/25/2013 10:30 AM |
312 |
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CONF |
4/25/2013 10:30 AM |
224 |
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CONF |
4/25/2013 10:45 AM |
224 |
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CONF |
4/25/2013 11:00 AM |
423 |
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CONF |
4/25/2013 11:00 AM |
224 |
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CONF |
4/25/2013 11:00 AM |
225 |
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CONF |
4/25/2013 11:30 AM |
225 |
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CONF |
4/25/2013 12:00 PM |
229 |
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CONF |
4/25/2013 12:15 PM |
229 |
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CONF |
4/25/2013 12:45 PM |
229 |
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CONF |
4/25/2013 1:00 PM |
325 |
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CONF |
4/25/2013 1:00 PM |
224 |
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CONF |
4/25/2013 1:00 PM |
325 |
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CONF |
4/25/2013 1:15 PM |
312 |
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TEC |
4/25/2013 1:15 PM |
414 |
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CONF |
4/25/2013 1:30 PM |
325 |
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CONF |
4/25/2013 1:30 PM |
312 |
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CONF |
4/25/2013 1:30 PM |
325 |
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CONF |
4/25/2013 1:40 PM |
312 |
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CONF |
4/25/2013 1:40 PM |
325 |
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CONF |
4/25/2013 2:00 PM |
016 |
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CONF |
4/25/2013 2:00 PM |
225 |
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CONF |
4/25/2013 2:00 PM |
229 |
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CONF |
4/25/2013 2:00 PM |
312 |
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CONF |
4/25/2013 2:00 PM |
224 |
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CONF |
4/25/2013 2:30 PM |
325 |
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CONF |
4/25/2013 2:30 PM |
423 |
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CONF |
4/25/2013 2:45 PM |
329 |
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CONF |
4/25/2013 3:00 PM |
309 |
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CONF |
4/25/2013 3:00 PM |
329 |
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CONF |
4/25/2013 3:00 PM |
016 |
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CONF |
4/25/2013 3:30 PM |
229 |
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CONF |
4/25/2013 3:30 PM |
224 |
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CONF |
4/25/2013 3:30 PM |
016 |
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CONF |
4/25/2013 3:30 PM |
229 |
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CONF |
4/25/2013 3:30 PM |
423 |
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CONF |
4/25/2013 4:00 PM |
325 |
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HTH |
4/26/2013 8:30 AM |
229 |
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CONF |
4/26/2013 9:00 AM |
312 |
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CONF |
4/26/2013 9:30 AM |
312 |
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CONF |
4/26/2013 9:30 AM |
329 |
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CONF |
4/26/2013 10:00 AM |
229 |
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CONF |
4/26/2013 10:00 AM |
329 |
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CONF |
4/26/2013 10:05 AM |
329 |
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CONF |
4/26/2013 10:15 AM |
312 |
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CONF |
4/26/2013 10:30 AM |
312 |
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CONF |
4/26/2013 10:30 AM |
224 |
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CONF |
4/26/2013 10:30 AM |
312 |
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CONF |
4/26/2013 10:30 AM |
224 |
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CONF |
4/26/2013 10:30 AM |
325 |
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CONF |
4/26/2013 10:45 AM |
224 |
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CONF |
4/26/2013 11:00 AM |
423 |
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CONF |
4/26/2013 11:00 AM |
225 |
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CONF |
4/26/2013 11:30 AM |
225 |
|
CONF |
4/26/2013 12:30 PM |
016 |
|
CONF |
4/26/2013 12:45 PM |
016 |
|
CONF |
4/26/2013 1:00 PM |
312 |
|
CONF |
4/26/2013 1:00 PM |
224 |
|
CONF |
4/26/2013 1:00 PM |
325 |
|
CONF |
4/26/2013 1:00 PM |
312 |
|
CONF |
4/26/2013 1:00 PM |
224 |
|
CONF |
4/26/2013 1:00 PM |
229 |
|
CONF |
4/26/2013 1:15 PM |
312 |
|
CONF |
4/26/2013 1:30 PM |
309 |
|
CONF |
4/26/2013 2:00 PM |
224 |
|
CONF |
4/26/2013 3:00 PM |
309 |
|
CONF |
4/26/2013 3:30 PM |
016 |
|
CONF |
4/26/2013 4:15 PM |
312 |
|
|
|
|