‘Aha Kenekoa ‘Aha‘ōlelo Iwakāluakumamāwalu
THE SENATE
OF THE
TWENTY-EIGHTH LEGISLATURE
Moku‘āina ‘O Hawai‘i
STATE OF HAWAI'I
‘Ākoakoa Kūmau MH 2016
REGULAR SESSION OF 2016
Lā Kanakolukumamāwalu
THIRTY-EIGHTH DAY
29 Malaki 2016 - Po‘alua - Hola 11:30 A.M.
March 29, 2016-Tuesday-11:30 O'CLOCK A.M.
Papahana O Ka Lā
ORDER OF BUSINESS
Kāhea Papainoa
ROLL CALL
‘Āpono Mo‘olelo O Ka Puke Hālāwai
APPROVAL OF THE JOURNAL
Ho‘olauna Mea Kipa
INTRODUCTIONS
Ho‘olauna Ma Ka ‘Ākoakoa Nui
COMMENDING AND CONGRATULATING THE RECIPIENTS OF THE 2015 HAWAII HEALTHCARE HEROES AWARD. (Senator Baker)
RECOGNIZING AND HONORING DR. KENNETH MORITSUGU. (Senator Kouchi)
RECOGNIZING AND HONORING NORMAN MINETA. (Senator Kouchi)
Ho‘oka‘a‘ike Mai Ke Kia‘āina
MESSAGES FROM THE GOVERNOR: Nos. 747-749 and 1102
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REFERRAL |
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Submitting for consideration and confirmation to the Board Of Veterinary Examiners, Gubernatorial Nominee, LEIANNE LEE LOY, for a term to expire 06-30-2019. |
CPH |
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Submitting for consideration and confirmation to the Board Of Regents Of The University Of Hawai'i, Gubernatorial Nominee, BRANDON MARC HIGA, for a term to expire 06-30-2018. |
HEA |
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Submitting for consideration and confirmation to the Board Of Regents Of The University Of Hawai'i, Gubernatorial Nominee, MICHELLE TAGORDA, for a term to expire 06-30-2021. |
HEA |
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Informing the Legislature that on March 24, 2016, the Governor signed the following bill into law: SB805 (ACT 002). “RELATING TO HEALTH.” |
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Ho‘oka‘a‘ike Mai Nā ‘Oihana
DEPARTMENTAL COMMUNICATION Nos. 304-311
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REFERRAL |
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From the Office of the Auditor, dated February 2, 2016, informing the legislature that the audit report of the Employees' Retirement System of the State of Hawaii (ERS) for fiscal year ended June 30, 2014, has been issued, as directed by Article VII, Section 10 of the Hawaii State Constitution, and as authorized by Chapter 23, HRS. |
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From the Office of the Auditor, dated February 16, 2016, transmitting 16 analyses completed on special and revolving funds proposed in the current legislative session, pursuant to Section 23-11, HRS. |
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From the Office of the Auditor, dated February 17, 2016, transmitting 14 analyses completed on special and revolving funds proposed in the current legislative session, pursuant to Section 23-11, HRS. |
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From the Office of the Auditor, dated February 19, 2016, transmitting 16 analyses completed on special and revolving funds proposed in the current legislative session, pursuant to Section 23-11, HRS. |
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From the Office of the Auditor, dated February 23, 2016, informing the legislature that the audit report of the Hawaii Tourism Authority (HTA) for fiscal year ended June 30, 2015, has been issued, as directed by Article VII, Section 10 of the Hawaii State Constitution, and as authorized by Chapter 23, HRS. |
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From the Office of the Auditor, dated March 11, 2016, informing the legislature that the audit report of the Hawaii Community Development Authority (HCDA) for fiscal year ended June 30, 2015, has been issued, as directed by Article VII, Section 10, Hawaii State Constitution, and as authorized by Chapter 23, HRS. |
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From the University of Hawaii System, dated March 15, 2016, transmitting a report of hire pursuant to Act 119, Section 128, SLH 2015. |
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From the University of Hawaii System, dated March 22, 2016, transmitting a report of hire pursuant to Act 119, Section 128, SLH 2015. |
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Ho‘oka‘a‘ike No Ka Hale
HOUSE COMMUNICATION Nos. 366-368
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Informing the Senate that on March 28, 2016, the following House Concurrent Resolution was adopted in the House: |
REFERRAL |
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366 |
"DESIGNATING JUNE 27, 2016, AS "POST-TRAUMATIC STRESS AWARENESS DAY" TO ENCOURAGE ALL PUBLIC, PRIVATE, AND MILITARY SERVICE PROVIDERS TO CONTINUE EDUCATING SERVICE MEMBERS AND VETERANS AND THEIR FAMILIES, VICTIMS OF ABUSE, CRIMES, AND NATURAL DISASTERS, AND THE GENERAL PUBLIC ABOUT THE CAUSES, SYMPTOMS, AND TREATMENT FOR POST-TRAUMATIC STRESS INJURIES."(June 27, 2016, Post-Traumatic Stress Awareness Day) |
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Returning the following Senate Bills which passed Third Reading in the House on March 28, 2016: |
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367 |
"RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS."(Domestic Abuse; Mutual Protective Orders) |
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"RELATING TO CONSUMER PROTECTION."(Office of Consumer Protection; Service of Process; Subpoena; Investigators) |
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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 REPORT Nos. 3145-3194
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(GVO/PSM) |
"REQUESTING THE GOVERNOR TO ORDER THAT WHENEVER THE FLAG OF THE UNITED STATES IS FLOWN ON A PERMANENT FLAGPOLE IN FRONT OF THE STATE CAPITOL BUILDING, THE NATIONAL LEAGUE OF FAMILIES' POW/MIA FLAG SHALL BE FLOWN ON THE SAME HALYARD." (Recommends referral to JDL) |
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(GVO/PSM) |
"REQUESTING THE GOVERNOR TO ORDER THAT WHENEVER THE FLAG OF THE UNITED STATES IS FLOWN ON A PERMANENT FLAGPOLE IN FRONT OF THE STATE CAPITOL BUILDING, THE NATIONAL LEAGUE OF FAMILIES' POW/MIA FLAG SHALL BE FLOWN ON THE SAME HALYARD." (Recommends referral to JDL) |
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(GVO) |
"REQUESTING THE GOVERNOR TO COORDINATE WITH VARIOUS STATE AGENCIES TO CREATE A PLAN TO NAME A SCHOOL, BUILDING, ROAD, OR AREA UNDER STATE CONTROL AFTER PRESIDENT BARACK H. OBAMA." (AMENDED TITLE) (Recommends referral to WAM) |
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(GVO) |
"REQUESTING THE GOVERNOR TO COORDINATE WITH VARIOUS STATE AGENCIES TO CREATE A PLAN TO NAME A SCHOOL, BUILDING, ROAD, OR AREA UNDER STATE CONTROL AFTER PRESIDENT BARACK H. OBAMA." (AMENDED TITLE) (Recommends referral to WAM) |
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(CPH/PSM) |
"AUTHORIZING THE FORMATION OF A TASK FORCE TO STUDY THE ISSUE OF A CANCER PRESUMPTIVE STATUTE RELATING TO FIREFIGHTERS." (Recommends referral to JDL) |
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(CPH/PSM) |
"AUTHORIZING THE FORMATION OF A TASK FORCE TO STUDY THE ISSUE OF A CANCER PRESUMPTIVE STATUTE RELATING TO FIREFIGHTERS." (Recommends referral to JDL) |
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(CPH) |
"REQUESTING A SUNRISE REVIEW OF INSURANCE COVERAGE FOR SEXUALLY TRANSMITTED DISEASE TESTING." (Recommends referral to WAM) |
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(CPH) |
"REQUESTING THE AUDITOR TO PERFORM A SUNRISE ANALYSIS OF THE REGULATION OF CERTIFIED PROFESSIONAL MIDWIVES." (Recommends referral to WAM) |
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(HOU) |
"REQUESTING THE HAWAII PUBLIC HOUSING AUTHORITY TO DOCUMENT VIOLATIONS OF ITS PROHIBITION ON SMOKING IN AND AROUND PUBLIC HOUSING." (Recommends referral to CPH) |
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(HOU) |
"REQUESTING THE HAWAII PUBLIC HOUSING AUTHORITY TO DOCUMENT VIOLATIONS OF ITS PROHIBITION ON SMOKING IN AND AROUND PUBLIC HOUSING." (Recommends referral to CPH) |
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(CPH) |
"AFFIRMING THE STATE OF HAWAII'S SUPPORT OF PLANNED PARENTHOOD, RECOGNIZING ITS VITAL ROLE IN PROVIDING HEALTH CARE, AND DENOUNCING VIOLENCE TOWARDS ABORTION PROVIDERS AND THEIR PATIENTS." (Recommends referral to JDL) |
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(CPH) |
"AFFIRMING THE STATE OF HAWAII'S SUPPORT OF PLANNED PARENTHOOD, RECOGNIZING ITS VITAL ROLE IN PROVIDING HEALTH CARE, AND DENOUNCING VIOLENCE TOWARDS ABORTION PROVIDERS AND THEIR PATIENTS." (Recommends referral to JDL) |
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(CPH) |
"REQUESTING THE DEPARTMENT OF HEALTH TO ESTABLISH FEES THROUGH THE RULEMAKING PROCESS FOR THE LICENSURE, CERTIFICATION, AND RECERTIFICATION OF VARIOUS FACILITIES SEEKING LICENSURE OR CERTIFICATION BY THE DEPARTMENT." (Recommends referral to WAM) |
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(CPH) |
"REQUESTING THE CHIEF OF THE DEPARTMENT OF HEALTH EMERGENCY MEDICAL SERVICES AND INJURY PREVENTION SYSTEM BRANCH TO CONVENE AND CHAIR A WORKING GROUP TO DEVELOP A COMMUNITY PARAMEDIC PROGRAM, INCLUDING EDUCATIONAL STANDARDS FOR CERTIFICATIONS, TO ALLEVIATE EMERGENCY SERVICES FROM RESPONDING TO NON-EMERGENCY CALLS." (Recommends referral to WAM) |
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(CPH) |
"URGING THE LEGISLATURE TO CONVENE A WORKING GROUP TO RESEARCH, DISCUSS, AND MAKE RECOMMENDATIONS REGARDING EDIBLE MEDICAL MARIJUANA PRODUCTS." (Recommends referral to WAM) |
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(CPH) |
"URGING THE LEGISLATURE TO CONVENE A WORKING GROUP TO RESEARCH, DISCUSS, AND MAKE RECOMMENDATIONS REGARDING EDIBLE MEDICAL MARIJUANA PRODUCTS." (Recommends referral to WAM) |
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(HMS) |
"REQUESTING THE DEPARTMENT OF HUMAN SERVICES MED-QUEST DIVISION TO SUBMIT ANNUAL MEDICAID ENROLLMENT REPORTS TO THE LEGISLATURE." (Recommends referral to WAM) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO IDENTIFY BEST PRACTICES FOR PROJECT-BASED LEARNING." (AMENDED TITLE) (Recommends referral to WAM) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO IDENTIFY BEST PRACTICES FOR PROJECT-BASED LEARNING." (AMENDED TITLE) (Recommends referral to WAM) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO AFFIRM ITS COMMITMENT TO UPHOLD THE TENETS OF TITLE IX OF THE EDUCATION AMENDMENT ACT OF 1972." (Recommends referral to JDL) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO AFFIRM ITS COMMITMENT TO UPHOLD THE TENETS OF TITLE IX OF THE EDUCATION AMENDMENT ACT OF 1972." (Recommends referral to JDL) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO PROVIDE EQUIPMENT NECESSARY FOR A FULL-SERVICE CONVENTIONAL KITCHEN AT KEAUKAHA ELEMENTARY SCHOOL AND TO PROVIDE NECESSARY POSITIONS TO OPERATE THE KITCHEN." (Recommends referral to WAM) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO PROVIDE EQUIPMENT NECESSARY FOR A FULL-SERVICE CONVENTIONAL KITCHEN AT KEAUKAHA ELEMENTARY SCHOOL AND TO PROVIDE NECESSARY POSITIONS TO OPERATE THE KITCHEN." (Recommends referral to WAM) |
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(EDU) |
"REQUESTING A STUDY ON THE PER-PUPIL FUNDING SYSTEM FOR PUBLIC CHARTER SCHOOLS TO DETERMINE WHETHER THE SYSTEM FULFILLS ITS STATUTORY PURPOSE OF EQUALIZING OPERATIONAL FUNDING AMONG PUBLIC SCHOOLS." (Recommends referral to WAM) |
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(EDU) |
"REQUESTING A STUDY ON THE PER-PUPIL FUNDING SYSTEM FOR PUBLIC CHARTER SCHOOLS TO DETERMINE WHETHER THE SYSTEM FULFILLS ITS STATUTORY PURPOSE OF EQUALIZING OPERATIONAL FUNDING AMONG PUBLIC SCHOOLS." (Recommends referral to WAM) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO REDUCE THE USE OF STANDARDIZED TESTING IN THE PUBLIC EDUCATION SYSTEM." (Recommends referral to WAM) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO REDUCE THE USE OF STANDARDIZED TESTING IN THE PUBLIC EDUCATION SYSTEM." (Recommends referral to WAM) |
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(PSM) |
"ENCOURAGING REFORM IN THE MILITARY INVESTIGATORY AND PROSECUTORIAL SYSTEMS GOVERNING CHILD SEXUAL ABUSE AND INCREASED TRANSPARENCY IN THE MILITARY JUSTICE SYSTEM AND MILITARY REPORTING OF CRIMINAL SEX OFFENSES INVOLVING CHILDREN." (Recommends referral to JDL) |
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(PSM) |
"ENCOURAGING REFORM IN THE MILITARY INVESTIGATORY AND PROSECUTORIAL SYSTEMS GOVERNING CHILD SEXUAL ABUSE AND INCREASED TRANSPARENCY IN THE MILITARY JUSTICE SYSTEM AND MILITARY REPORTING OF CRIMINAL SEX OFFENSES INVOLVING CHILDREN." (Recommends referral to JDL) |
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(PSM/HOU) |
"REQUESTING THE CITY AND COUNTY OF HONOLULU TO ESTABLISH A BUSINESS MITIGATION RELIEF PROGRAM TO ASSIST BUSINESSES NEGATIVELY IMPACTED BY THE CONSTRUCTION OF THE RAIL PROJECT." (Recommends referral to TRE/WLA) |
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(PSM/HOU) |
"REQUESTING THE CITY AND COUNTY OF HONOLULU TO ESTABLISH A BUSINESS MITIGATION RELIEF PROGRAM TO ASSIST BUSINESSES NEGATIVELY IMPACTED BY THE CONSTRUCTION OF THE RAIL PROJECT." (Recommends referral to TRE/WLA) |
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(PSM) |
"ENCOURAGING THE DEPARTMENT OF PUBLIC SAFETY TO CONTINUE AND EXPAND ITS COMMUNITY-BASED WORK FURLOUGH PROGRAMS TO ASSIST FORMERLY INCARCERATED FEMALE INMATES TRANSITION BACK INTO SOCIETY." (Recommends referral to JDL/WAM) |
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(PSM) |
"URGING UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES TO IMMEDIATELY RESUME BIOMETRIC INTAKE AND INTERVIEWS ON THE COUNTIES OF HAWAII, MAUI, AND KAUAI." (Recommends referral to WAM) |
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(GVO/PSM/CPH) |
"REQUESTING ALL STATE AND COUNTY AGENCIES TO ADOPT PROCEDURES REQUIRING CONTRACTS THAT INCLUDE THE DISPOSAL OF LIQUID OR SOLID WASTE OR INERT FILL MATERIAL TO INCLUDE A RECEIPT FROM A RECEIVING FACILITY SHOWING THAT THE WASTE WAS PROPERLY RECEIVED AND LAWFULLY DISPOSED OF PRIOR TO MAKING PAYMENT TO THE CONTRACTOR." (Recommends referral to WAM) |
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(GVO/PSM/CPH) |
"REQUESTING ALL STATE AND COUNTY AGENCIES TO ADOPT PROCEDURES REQUIRING CONTRACTS THAT INCLUDE THE DISPOSAL OF LIQUID OR SOLID WASTE OR INERT FILL MATERIAL TO INCLUDE A RECEIPT FROM A RECEIVING FACILITY SHOWING THAT THE WASTE WAS PROPERLY RECEIVED AND LAWFULLY DISPOSED OF PRIOR TO MAKING PAYMENT TO THE CONTRACTOR." (Recommends referral to WAM) |
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(GVO/PSM) |
"REQUESTING STATE DEPARTMENTS AND THE SEVERAL COUNTIES TO AFFIRM THE TENETS AND PRINCIPLES FOUND IN THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN." (Recommends referral to JDL) |
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(GVO/PSM) |
"REQUESTING STATE DEPARTMENTS AND THE SEVERAL COUNTIES TO AFFIRM THE TENETS AND PRINCIPLES FOUND IN THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN." (Recommends referral to JDL) |
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(EDU/CPH) |
"REQUESTING THE CREATION OF HIGH SCHOOL HEALTH ACADEMIES STATEWIDE." (Recommends referral to WAM) |
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(EDU/CPH) |
"REQUESTING THE CREATION OF HIGH SCHOOL HEALTH ACADEMIES STATEWIDE." (Recommends referral to WAM) |
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(EDU/CPH) |
"REQUESTING THE EXECUTIVE OFFICE ON EARLY LEARNING TO COLLABORATE WITH THE EXECUTIVE OFFICE ON AGING TO ENCOURAGE CARE PROVIDERS OF KEIKI AND KUPUNA TO CREATE INTERGENERATIONAL SHARED SITES FOR THE BETTERMENT OF HAWAII'S COMMUNITIES." (Recommends referral to WAM) |
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(EDU/CPH) |
"REQUESTING THE EXECUTIVE OFFICE ON EARLY LEARNING TO COLLABORATE WITH THE EXECUTIVE OFFICE ON AGING TO ENCOURAGE CARE PROVIDERS OF KEIKI AND KUPUNA TO CREATE INTERGENERATIONAL SHARED SITES FOR THE BETTERMENT OF HAWAII'S COMMUNITIES." (Recommends referral to WAM) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO OFFER COURSES IN AMERICAN SIGN LANGUAGE." (Recommends referral to WAM) |
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(EDU) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO OFFER COURSES IN AMERICAN SIGN LANGUAGE." (Recommends referral to WAM) |
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(HEA/GVO) |
"ESTABLISHING A TASK FORCE TO PLAN AND COORDINATE THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THE HAWAII STATE CAPITOL." (Recommends referral to WAM) |
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(HEA/GVO) |
"ESTABLISHING A TASK FORCE TO PLAN AND COORDINATE THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THE HAWAII STATE CAPITOL." (Recommends referral to WAM) |
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(One Day Notice) |
(WAM) |
"AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL AND STEPS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON." (Recommends Adoption) |
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(One Day Notice) |
(EDU/HWN) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO SUPPORT EDUCATION IN THE FINE ARTS AND HAWAIIAN STUDIES." (Recommends Adoption) |
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(One Day Notice) |
(EDU/HWN) |
"REQUESTING THE DEPARTMENT OF EDUCATION TO SUPPORT EDUCATION IN THE FINE ARTS AND HAWAIIAN STUDIES." (Recommends Adoption) |
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(One Day Notice) |
(PSM) |
"REQUESTING THE UNITED STATES CONGRESS TO AWARD A CONGRESSIONAL GOLD MEDAL COLLECTIVELY TO FILIPINO VETERANS OF WORLD WAR II." (Recommends Adoption) |
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(One Day Notice) |
(PSM) |
"Submitting for consideration and confirmation to the Corrections Population Management Commission, Gubernatorial Nominee, EDMUND HYUN, for a term to expire 06-30-2017."
(Recommends Senate Consent to Nomination) |
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Papahana O Ka Lā
ORDER OF THE DAY
DEFERRED MATTERS – AGREE / DISAGREE
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HSE. COM. NO. |
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REFERRAL |
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363 |
"RELATING TO THE PENAL CODE."(Sexual Conduct; Promotion of Child Abuse; Obscenity) |
AGREE/DISAGREE |
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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
Ho‘olaha
ANNOUNCEMENTS
Ho‘olauna Ma Ka ‘Ākoakoa Nui
CONGRATULATING AND RECOGNIZING DR. GEOFFREY BANNISTER, PRESIDENT OF HAWAII PACIFIC UNIVERSITY, FOR HIS OUTSTANDING SERVICE TO HPU AND THE STATE OF HAWAI‘I. (Senator English)
HONORING AND RECOGNIZING THE HAWAII BOYS & GIRLS CLUBS’ 2016 YOUTH OF THE YEAR FINALISTS. (Senator Inouye)
Papamanawa Ho‘olohe Palapala
· Committee Hearing Schedule:
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COMMITTEE |
DATE & TIME |
ROOM |
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GVO |
3/29/2016 1:15 PM |
414 |
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HEA |
3/29/2016 1:15 PM |
224 |
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HMS |
3/29/2016 1:15 PM |
016 |
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TRE/PSM |
3/29/2016 1:15 PM |
229 |
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HMS |
3/29/2016 1:30 PM |
016 |
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TRE |
3/29/2016 1:30 PM |
229 |
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EET/TRE |
3/29/2016 1:45 PM |
229 |
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TRE/EET |
3/29/2016 1:45 PM |
229 |
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WAM |
3/30/2016 9:00 AM |
211 |
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WAM |
3/30/2016 9:15 AM |
211 |
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JDL |
3/30/2016 9:30 AM |
016 |
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CPH |
3/30/2016 10:00 AM |
229 |
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WAM |
3/31/2016 9:00 AM |
211 |
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WAM |
3/31/2016 9:05 AM |
211 |
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WAM |
3/31/2016 9:15 AM |
211 |
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JDL |
3/31/2016 9:30 AM |
016 |
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CPH |
4/1/2016 9:30 AM |
229 |
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CPH |
4/1/2016 10:00 AM |
229 |
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CPH/JDL |
4/1/2016 10:30 AM |
016 |
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WLA |
4/4/2016 2:45 PM |
224 |
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WLA |
4/4/2016 2:50 PM |
224 |
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WLA |
4/4/2016 2:55 PM |
224 |
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WLA |
4/4/2016 3:00 PM |
224 |
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WAM |
4/5/2016 9:00 AM |
211 |
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EDU |
4/6/2016 1:15 PM |
229 |
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TSI |
4/6/2016 2:45 PM |
225 |
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HWN |
4/18/2016 1:15 PM |
016 |
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Ke Pani ‘Ana
ADJOURNMENT