Hawaii House Journal: Third Reading of Bills, Lecture notes of Finance

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kWAII

STATE

JE

OF

REPRESENTATIVES

REGULAR

SESSION

OF

RouGH

DRAFT

JOURNAL

TWENTY-FIFTH

DAY

MARCH

OFFICE

OF

THE

CHIEF

CLERK

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and Rough

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close

of

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Regular

or

Special Session

of

the

Legislature.

HOUSE

JOURNAL

25TH DAY

Representative

Keohokalole

introduced

his

former

boss,

Mr.

Elmer

Kaai,

(^) Interim

(^) Director

(^) of

(^) Advancement

(^) Government

(^) Affairs,

(^) University

of (^) Hawaii

(^) at (^) Manoa;

(^) and

(^) Mr.

(^) Gino

(^) Soquena,

Government

(^) and

(^) Community

Relations

Director,

Hawaii

Laborers

Union

Local

and

American

Diabetes

(^) Association

(^) Hawaii

(^) Community

(^) Leadership

(^) Board

(^) Member.

Representative

(^) Rhoads

(^) introduced

(^) Reverend Stanley

(^) Bain.

Representative

Hashem

introduced

5th

grade

students

of

Wilson

Elementary School:

Edwin

(^) Arii,

(^) Andy

Au,

Branson

(^) Dang,

(^) Christine

Dong,

Carli

Driskill,

Saya

Fukuda,

Mana

Iketani,

Nicole

Kail,

Cameron

Kam,

Wakea Kanahele,

Jordan

Lampitelli,

Joshua

Leong,

Cody

Lieu,

Hannah

Miyasaki,

(^) Ryota

Murate,

Kysen Nagano,

Ocean

Nakamitsu,

Kade

(^) Okura,

Sophia

Perez,

Blaise

Rousseau,

Jasmine

Stark,

Natalia

Taylor,

Annie

Ueda,

Melody

Wakashige.

Dylan

Weddle,

Emily

Won

and

Tate

Wong;

and

(^) teachers,

(^) Ms.

(^) Terry

(^) Drown

and (^) Ms.

Wendy

(^) Machida.

Representative

Lee

introduced

Mr.

Henry

Curtis,

Executive

Director,

Life

of (^) the

Land;

and

Ms.

Kat

(^) Brady,

Coordinator,

Community

Alliance

on (^) Prisons.

ORDER

OF

THE

DAY

SUSPENSION

OF

RULES

On (^) motion

(^) by (^) Representative

(^) Evans,

(^) seconded

(^) by

(^) Representative

(^) Tupola

and

carried,

the

rules

were

suspended

for

the

purpose

of

considering

certain

House

Bills

for

Third

Reading

by

consent

calendar.

(Representatives

(^) Jordan

(^) and

(^) McDermott

(^) were excused.)

CONSENT

CALENDAR

UNFINISHED

BUSINESS

At (^) this

(^) time,

(^) the

(^) Chair

(^) stated:

“Members,

there

will

be

no (^) discussion

on (^) these

items

which

have

been

agreed

(^) upon by

(^) this

(^) Body

(^) for

(^) placement

(^) on the

(^) Consent

(^) Calendar.”

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(^) (Stand.

Com.

Rep.

No.

recommending

(^) that

NB.

No.

(^) as

amended

(^) in (^) RD

I,

(^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

seconded

by

Representative

(^) Evans

and

carried,

the

report

of (^) the

(^) Committee

was

adopted

and

H.B.

No.

MDI,

(^) entitled:

“A

BILL

FOR

AN ACT RELATING

TO

EMERGENCY

VEHICLES,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative

(^) McKelvey,

for (^) the

(^) Committee

(^) on (^) Consumer

(^) Protection

Commerce,

(^) presented

(^) a (^) report

(^) (Stand.

Com.

Rep.

No.

(^) recommending

that

(^) RB.

(^) No.

HD

I,

as (^) amended

in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

(^) seconded

(^) by

Representative

Evans

and

carried,

the

report

(^) of (^) the

Committee

(^) was

adopted

and

I-lB.

No.

(^) 354,

MD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

NURSES,”

passed

Third

Reading

by

a vote

(^) of

(^49)

ayes,

with

Representatives

Jordan

and (^) McDermott

(^) being

(^) excused.

Representative

(^) McKelvey,

(^) for

(^) the

(^) Committee

(^) on (^) Consumer

(^) Protection

Commerce,

(^) presented

a report

(^) (Stand.

Com.

(^) Rep.

(^) No.

(^) 757)

(^) recommending

that

(^) RB.

(^) No.293,

RD

pass

(^) Third

(^) Reading.

On

motion

(^) by

(^) Representative

(^) Saiki,

seconded

by (^) Representative

(^) Evans

and

carried,

(^) the

(^) report

of (^) the

Committee

was

adopted

(^) and

H.B.

No.

MDI,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

LIQUOR

LICENSES,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative

(^) McKelvey,

(^) for

(^) the

(^) Committee

(^) on

Consumer

(^) Protection

Commerce,

(^) presented

(^) a (^) report

(^) (Stand. Com.

(^) Rep.

(^) No.

recommending

that

(^) MB.

(^) No.

(^848)

(^) pass

(^) Third

(^) Reading.

On

motion

(^) by

(^) Representative

Saiki,

seconded

by

Representative

Evans

and

carried,

(^) the

report

(^) of (^) the

(^) Committee

was

adopted

and

NB.

No.

848,

entitled:

“A

BILL

FOR

AN ACT

RELATING

TO

POST-SECONDARY

EDUCATION,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative

Luke,

for (^) the

(^) Committee

on

Finance,

presented

a report

(Stand.

Com.

Rep.

(^) No.

recommending

that

MB.

No.

MD

(^) as

amended

(^) in (^) HD

(^) 3, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

(^) seconded

by

Representative

Evans

and

carried,

the (^) report

(^) of (^) the

(^) Committee

(^) was

adopted

and

RB.

No,

813,

MD

(^) entitled:

“A BILL

FOR

AN ACT RELATING

TO

THE CODE

OF

ETHICS,”

passed

Third

Reading

by

a

vote

of

49

ayes,

with

Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative Luke,

for (^) the

Committee

(^) on

Finance,

(^) presented

a report

(Stand.

Com.

Rep.

No.

(^) 769)

recommending

(^) that

H.B.

No.

493,

HD

I

pass

Third

(^) Reading.

On

motion

by

Representative

Saiki,

(^) seconded

by (^) Representative

Evans

and

carried,

the

report

of (^) the

Committee

was

adopted

(^) and

NB.

No.

493,

RD

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

THE

UNIVERSITY

OF

HAWAII,”

(^) passed

(^) Third

(^) Reading

by (^) a (^) vote

(^) of (^49) (^) ayes,

with

(^) Representatives

(^) Jordan

(^) and

McDermott

(^) being

(^) excused.

Representative Luke,

for (^) the

Committee

(^) on

Finance,

presented

(^) a report

(Stand.

Com.

(^) Rep.

(^) No.

recommending

(^) that

(^) H.B. No.

MD

I

pass

Third

Reading.

On

motion

by

Representative

(^) Saiki,

seconded

by (^) Representative

Evans

and

(^) carried,

(^) the

(^) report

(^) of (^) the

Committee

was

(^) adopted

and

NB.

No.

MDI.

entitled:

“A

BILL

FOR

AN

ACT

RELATINO

TO

THE

UNIVERSITY

OF

HAWAII,”

passed

(^) Third

Reading

(^) by (^) a (^) vote

(^) of (^49) (^) aycs,

with

(^) Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative

(^) McKelvey, for

(^) the

(^) Committee

(^) on (^) Consumer

(^) Protection

Commerce,

(^) presented

(^) a (^) report

(^) (Stand. Corn.

(^) Rep.

(^) No.

recommending

that

(^) NB.

(^) No.264,

RD

I,

(^) as (^) amended

in (^) MD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

(^) by

Representative

Saiki,

seconded by

Representative

(^) Evans

and

carried,

the (^) report

(^) of (^) the

(^) Committee

was

(^) adopted

and

MB.

No.

264,

MD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

ENERGY,”

passed

(^) Third

(^) Reading

by

a vote

(^) of (^49)

ayes,

with

Representatives

Jordan

and

(^) McDermott

(^) being

(^) excused.

Representative

Luke,

for (^) the

(^) Committee

on

Finance,

(^) presented

a report

(Stand.

(^) Com.

(^) Rep.

(^) No.

(^) 780)

(^) recommending

(^) that

(^) H.B.

No.

(^) 1345,

MD

I

pass

Third

(^) Reading.

On

motion

by

Representative

Saiki,

(^) seconded

by (^) Representative

Evans

and

carried,

(^) the

report

(^) of (^) the

Committee

was

(^) adopted

(^) and

(^) H.B.

No.

HD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

AGRICULTURE,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative

Luke,

(^) for

(^) the

Committee

(^) on

(^) Finance,

presented

a report

(Stand.

Com.

(^) Rep.

(^) No.

recommending

that

(^) H.B.

No.

867,

HD

I

pass

Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

RB.

No.

MD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) McKelvey’s

written

(^) comments

in (^) support

(^) of (^) the

(^) measure

are (^) as

follows:

“Basalt

(^) rebar

(^) weights

(^) less

(^) and

is (^) 200%

stronger

(^) than

(^) steel

(^) rebar.

A

basalt

(^) rebar

(^) plant

(^) will

improve

(^) local

sustainability

(^) by reducing

(^) the

import

ROUGH

DRAFT

HOUSE

JOURNAL

25TH

DAY

of

steel

rebar

and

by

providing

a local

basalt

rebar

source.

This

bill

stimulates economic

(^) growth

(^) for

(^) the

(^) State,

(^) promoting

(^) the

(^) establishment

(^) and

growth

(^) of (^) new sustainable

(^) and

(^) green

(^) industries,

(^) associated

(^) jobs,

workforce

development,

internships,

and

science,

technology,

engineering

and

mathematics

education

programs.

Economically,

this

will

create

new

(^) technology jobs

(^) with

(^) salaries

(^) of (^) $80,

(^) or (^) above

(^) by (^) 2030.”

The

(^) motion

was

put (^) to (^) vote

by (^) the

(^) Chair

(^) and

(^) carried,

(^) and

the (^) report

(^) of

the

Committee

was

adopted

and

(^) H.B. No.

HD

t, (^) entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

THE

PACIFIC

INTERNATIONAL

SPACE

CENTER

FOR

EXPLORATION

SYSTEMS’

BASALT

REBAR

INtTIATIVE,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a report

(Stand. Com.

(^) Rep.

(^) No.

(^) 787)

(^) recommending

(^) that

(^) H.B.

(^) No.

HD

(^) pass

Third

(^) Reading.

On

motion

by

Representative

Saiki,

seconded

by

Representative

Evans

and

(^) carried,

(^) the

report

(^) of (^) the

Committee

was

adopted

(^) and

(^) H.B.

(^) No.

RD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

CRC

WDFUNDING,”

passed

Third

Reading

by

a vote

of (^49)

ayes,

with

Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative Luke,

for (^) the

Committee

(^) on

Finance,

presented

(^) a report

(Stand.

(^) Com.

(^) Rep.

(^) No.

(^) 788)

(^) recommending

(^) that

(^) H,B.

(^) No.

RD

I

pass

Third

(^) Reading.

Representative

(^) Saiki moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

H.B.

No.

HD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) McKelvey’s written

remarks

in support

of (^) the

measure

are (^) as

follows:

“NASA

(^) has

(^) begun

(^) planning

(^) for

(^) a (^) global

network

(^) of (^) laser

(^) communication

ground

systems.

The

increasing

data

requirements

of (^) more

sophisticated

instruments

(^) on

spacecraft

will

soon

surpass

NASA’s

ability

to support

its

spacecraft

with

radio

communications.

According

to a detailed

statistical

analysis,

Hawai’i

would

be

the

best

location

for

their

first

operational

communications

station.

This

laser

communication

network

would

offer

the

fastest

and

highest

capacity

broadband

services

in the

world,

which

would

(^) have

(^) the

(^) potential

(^) to (^) lower

(^) consumer

(^) costs

(^) and

(^) improve

(^) coverage.

“High-speed

internet

(^) is (^) no

longer

(^) a luxury

item,

it is a public

utility

as

essential

to

the

community

as electricity.

The

laser

ground

station

will

provide

multiple

opportunities

far

high-technology jobs

in the

State,

as

well

as

substantial

improvements

in

broadband

and

optical

fiber

infrastructure.

A

space-borne

link

would

also

ensure

the

State

with

a

backup

(^) link,

providing

Hawaii

protection

if (^) a (^) natural

disaster occurs

(^) that

disrupts

the

fiber

trunk

line

(^) at (^) die

(^) bottom

of (^) the

(^) ocean.

Furthermore,

(^) the

security dimension

of (^) laser

communication

is paramount

for

the

United

States

Military.

Laser

transmission

is

more

secure

than

radio

communication,

(^) and

(^) it (^) would

be (^) very

(^) difficult

(^) for

(^) an

enemy

combatant

(^) to

locate

(^) the

(^) beam

(^) and

(^) place

(^) a (^) receiver

(^) in

its (^) path.”

The

motion

(^) was

put (^) to (^) vote

by (^) the

(^) Chair

and

carried,

and

the

report

of

the

Committee

(^) was

(^) adopted

(^) and

H.B.

No.

HD

I,

entitled:

“A BILL

FOR

AN

ACT RELATING

TO

BROADBAND

COMMUNICATIONS

TECHNOLOGY,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Jordan

(^) and

McDermott

(^) being

(^) excused.

Representative Luke,

for

the (^) Committee

on

Finance,

(^) presented

a report

(Stand.

Com.

Rep.

No.

recommending

(^) that

H.B.

(^) No.

HD

I,

as

amended

(^) in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

On (^) motion

by

Representative

Saiki,

seconded

by (^) Representative

(^) Evans

and

carried,

the (^) report

(^) of (^) the

(^) Committee

(^) was

(^) adopted

(^) and

RB.

(^) No.

RD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

PROCUREMENT,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative

Luke,

for (^) the

Committee

(^) on

Finance,

presented

a report

(Stand.

(^) Com.

(^) Rep.

No.

recommending

(^) that

RB.

(^) No.

(^) 95,

(^) as (^) amended

in (^) RD

I,

(^) pass

(^) Third

(^) Reading.

On

motion

(^) by

Representative

Saiki,

seconded

by

Representative

Evans

and

carried,

the (^) report

of (^) the

Committee

was

adopted

and

H.B.

No.

HO

I,

(^) entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

DUAL

CREDIT

PROGRAMS,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Jordan

and (^) McDermott

(^) being

(^) excused.

Representative Luke,

for (^) the

Committee

(^) on

Finance,

presented

a report

(Stand.

(^) Com.

Rep.

No.

recommending

(^) that

H.B.

(^) No.

RD

I

pass

Third

(^) Reading.

On

motion

by

Representative

(^) Saiki,

seconded

(^) by

(^) Representative

Evans

and

(^) carried,

the

report

of (^) the

Committee

was

adopted

and

H.B.

No.

906,

HO

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

GENERAL

EXCISE

TAX

EXEMPTIONS

FOR

CERTIFIED

OR

APPROVED

ROUSING

PROJECTS,”

passed

(^) Third

(^) Reading

(^) by (^) a (^) vote

of (^49) (^) ayes,

(^) with

Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative

Luke,

for (^) the

Committee

on Finance,

presented

a report

(Stand.

Com.

Rep.

(^) No.

recommending

(^) that

RB.

No.

HD

as

amended

(^) in

HD (^) 3, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

(^) Saiki,

seconded

by (^) Representative

Evans

and

carried,

the

report

of (^) the

Committee

was

adopted

(^) and

H.B.

No.

HO

(^) entitled:

“A

BILL

FOR

AN

ACT RELATING

TO

A

MIXED-USE

RESIDENTIAL

PROJECT,”

passed

Third

Reading

(^) by

a vote

of (^49)

ayes,

with

Representatives

(^) Jordan

(^) and

(^) McDertnott

(^) being

(^) excused.

Representative

Luke,

for (^) the

(^) Committee

on (^) Finance,

(^) presented

a report

(Stand.

Com.

(^) Rep.

No.

recommending

(^) that

H.B.

No. 492

(^) pass

(^) Third

Reading. On

motion

by

Representative

Saiki,

seconded

by (^) Representative

Evans

and

carried,

(^) the

(^) report

(^) of (^) the

(^) Committee

was

adopted

and

H.B.

No.

492,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

THE

JUDICIARY,”

passed

Third

Reading

by

a vote

of (^49)

ayes,

with

Representatives Jordan

and (^) McDermott

(^) being

(^) excused.

Representative

Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a report

(Stand.

Com.

Rep.

No.

recommending

that

RB.

No.

as

amended

(^) in (^) HD

(^) I, (^) pass

(^) Third

(^) Reading.

On

motion

by (^) Representative

Saiki,

(^) seconded

by

Representative

Evans

and

carried,

the (^) report

(^) of (^) the

Committee

was

adopted

and

H.B.

(^) No.

HO

I,

entitled:

“A

BILL

FOR

AN

ACT

MAKING

AN

APPROPRIATION

TO

THE

HAWAII

COUNTY

OFFICE

OF

THE

PROSECUTING

ATTORNEY,”

passed

Third

Reading

by

a vote

of (^49)

ayes,

(^) with

(^) Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative

Luke,

for (^) the

Committee

(^) on

Finance,

presented

(^) a report

(Stand.

(^) Com.

(^) Rep.

No.

(^) 814)

(^) recommending

(^) that

(^) RB.

(^) No.

(^) 210,

(^) as (^) amended

in (^) RD

(^) I,

pass

(^) Third

(^) Reading.

On

motion

(^) by

(^) Representative

(^) Saiki,

seconded

by

Representative

Evans

and

(^) carried,

the (^) report

(^) of (^) the

Committee

(^) was

adopted

and

H.B.

No.

HD

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

APPROPRIATIONS

TO

THE

DEPARTMENT

OF

THE PROSECUTING

ATTORNEY

OF

THE

CITY

AND

COUNTY

OF

HONOLULU,”

(^) passed

Third

Reading

by

a vote

of (^49)

ayes,

with

Representatives

Jordan

and

McDermott

(^) being

(^) excused.

Representative

Luke,

for

the (^) Committee

(^) on

(^) Finance, presented

(^) a (^) report

(Stand.

(^) Com.

(^) Rep.

(^) No.

(^) 818)

(^) recommending

(^) that

(^) H.B.

(^) No.414,

as (^) amended

in (^) HD

I,

(^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

(^) Saiki,

seconded

(^) by

(^) Representative Evans

and

carried,

the

report

of (^) the

(^) Committee

was

adopted

(^) and

RB.

No.

HD

entitled:

“A BILL

FOR

AN ACT

MAKING

APPROPRIATIONS

TO

THE

COUNTY

OF

KAUAI

OFFICE

OF

THE

PROSECUTING

ROUGH

DRAFT

HOUSE

JOURNAL

25TH DAY

Representative

Luke,

for

the (^) Committee

on

Finance,

presented

(^) a report

(Stand.

Com.

Rep.

No.

recommending

(^) that

RB.

(^) No.

HD

as

amended

in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

seconded by

Representative

Evans

and

carried,

the

report

(^) of (^) the

(^) Committee

was

(^) adnpted

and

H.B.

No.

HD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

THE

DIGITIZATION

OF

HISTORIC PRESERVATION

RECORDS,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

Jordan

and

McDermott

(^) being

(^) excused.

Representative Luke,

for (^) the

Committee

on

Finance,

presented

a report

(Stand.

Com.

(^) Rep.

(^) No.

(^) 852)

recommending

(^) that

(^) H.B.

(^) No.

(^) 719,

(^) as (^) amended

in (^) HD

I,

(^) pass

(^) Third

(^) Reading.

On (^) motion

by

Representative

Saiki,

seconded

by

Representative

(^) Evans

and

carried,

the

report

(^) of (^) the

(^) Committee

was

adopted

and

(^) H.B.

No.

HD

(^) entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

THE

LAHAINA

FLOOD

CONTROL

PROJECT,”

passed

Third

Reading

by

a vote

of (^49)

ayes,

(^) with

(^) Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative Luke,

for (^) the

Committee

on

Finance,

(^) presented

a repnrt

(Stand.

Com.

Rep.

No.

recommending

that

HE.

No.

HD

I,

as

amended

(^) in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by (^) Representative

(^) Saiki,

seconded

(^) by

(^) Representative

Evans

and

carried,

the (^) report

(^) of (^) the

Committee

(^) was

adopted

and

H.B.

No.

(^) 822,

HD

entitled:

“A

BILL

FOR

AN

ACT

MAKING

AN

APPROPRIATION

TO

THE

HAWAII

ASSOCIATION

OF

CONSERVATION DISTRICTS,”

passed

Third

Reading

by (^) a vote

of (^49)

ayes,

(^) with

(^) Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

Representative

Luke,

for (^) the

(^) Committee

(^) on

(^) Finance,

(^) presented

(^) a report

(Stand.

(^) Com.

Rep.

(^) No.

recommending

(^) that

RB.

(^) No.

HD

as

amended

(^) in (^) HD

(^) 3, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

(^) seconded by

Representative

Evans

and

(^) carried,

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) was

(^) adopted

and

(^) H.B.

(^) No.

HD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

ENERGY,”

passed

Third

Reading

(^) by

a vote

of (^49)

ayes,

with

Representatives

(^) Jordan

and

(^) McDermott

(^) being

(^) excused.

Representative Luke,

for

the

Committee

on

Finance,

presented

a report

(Stand.

(^) Com.

(^) Rep.

(^) No.

(^) 870)

(^) recommending

(^) that

(^) H.B.

(^) No.

(^) 943,

(^) as (^) amended

in (^) HD

I,

(^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

seconded

by

Representative

Evans

and

carried,

the

report

(^) of (^) the

Committee

was

(^) adopted

and

HR.

No.

HDI,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

THE

CIVIL

MONETARY PENALTY

SPECIAL

FUND,”

passed

(^) Third

Reading

(^) by

a

vote

of

49

ayes,

with

Representatives

Jordan

and

McDermott

being

excused. Representative

(^) Luke,

for (^) the

Committee

on

Finance,

presented

a report

(Stand.

Com.

Rep.

No.

(^) recommending

(^) that

H.B.

(^) No.

HD

I,

(^) as

amended

(^) in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

(^) by

(^) Representative

(^) Saiki,

seconded by

(^) Representative

(^) Evans

and

carried,

the (^) report

(^) of (^) the

Committee

(^) was

(^) adopted

and

H.B.

(^) No.

HD

(^) entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

EMERGENCY

MEDtCAL

CARE,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Jordan

and (^) McDermott

(^) being

(^) excused.

Representative

Luke,

for (^) the

(^) Committee

on (^) Finance,

presented

a report

(Stand.

(^) Com.

Rep.

(^) No.

recommending

(^) that

(^) H.B. No.

HD

I,

(^) as

amended

(^) in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

seconded by

Representative

Evans

and

(^) carried,

(^) the

report

(^) of (^) the

(^) Committee

(^) was

(^) adopted

(^) and

(^) H.B.

No.

HD

entitled:

“A

SILL

FOR

AN

ACT

RELATING

TO

THE

INTERIM

ASSISTANCE

REIMBURSEMENT

SPECIAL

FUND,”

passed

Third

Reading

(^) by (^) a (^) vote

(^) of (^49) (^) ayes,

(^) with

(^) Representatives

(^) Jordan

(^) and

(^) McDermott

being

(^) excused.

H.B.No.171,EtDl: On

motion

(^) by

Representative

Saiki,

seconded

(^) by

(^) Representative

Evans

and

carried,

H.B.

No.

HD

I,

entitled:

“A

BILL

FOR

AN

ACT

MAKING

AN

APPROPRIATION

TO

THE

HURRICANE

RESERVE

TRUST

FUND,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

H.B.

(^) No.

(^) 172,

HD

I:

On

motion

by

Representative

Saiki,

seconded

by (^) Representative

Evans

and

carried,

HR.

No,

HD

entitled:

“A

BILL

FOR

AN

ACT

MAKING

AN

APPROPRIATION

TO

THE

EMERGENCY

AND

BUDGET

RESERVE

FUND,”

passed

(^) Third

(^) Reading

(^) by

(^) a (^) vote

(^) of (^49) (^) ayes.

with

(^) Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

H.B.

(^) No.

(^) 173,

HD

On

motion

by

Representative

Saiki,

(^) seconded

by

Representative

Evans

and

carried,

HR.

No.

ED

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

THE

REPEAL

OF

FUNDS

AND

ACCOUNTS,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

Jordan

and

McDermott

(^) being

(^) excused,

H.B.

(^) No.

HD

On

motion

(^) by

(^) Representative

(^) Saiki,

seconded

(^) by

(^) Representative

Evans

and

carried,

HE.

No.

HD

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

ELECTIONS,”

passed

Third

Reading

by

a vote

of (^49)

ayes,

(^) with

(^) Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

H.B.

(^) No.

(^) 1071,

HU

I:

On

motion

by

Representative

Saiki,

seconded

by

Representative

Evans

and

carried,

ES.

No.

HD

entitled:

“A BILL

FOR

AN

ACT

RELATING

TO

STATUTORY

REVISION:

AMENDING

OR

REPEALING

VARIOUS

PROVISIONS

OF

THE

HAWAII

REVISED

STATUTES

AND

THE

SESSION

LAWS

OF

HAWAII

FOR

THE

PURPOSES

OF

CORRECTING

ERRORS

AND

REFERENCES,

CLARIFYING

LANGUAGE,

AND

DELETING

OBSOLETE

OR

UNNECESSARY PROVISIONS,”

passed

Third

Reading

by (^) a vote

(^) of (^49)

ayes,

(^) with

(^) Representatives

(^) Jordan

(^) and

McDermott

(^) being

(^) excused.

H.B.

(^) No.

(^) 83,

(^) lID

On

motion

by (^) Representative

(^) Saiki,

(^) seconded

by (^) Representative

Evans

and

carried,

HE.

No.

HD

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

INCOME

TAX,”

passed

Third

(^) Reading

by (^) a vote

(^) of (^49)

ayes,

(^) with

(^) Representatives

(^) Jordan

(^) and

(^) McDermott

(^) being

(^) excused.

H.B.

(^) No.

(^) 79,

(^) lID

(^) 1:

On

motion

by

Representative

(^) Saiki,

seconded

by

Representative Evans

and

carried,

H.B.

No.

HO

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

NON-GENERAL

FUNDS,”

passed

Third

Reading

by

a

vote

of

49

ayes,

with

Representatives

Jordan

and

McDermott

being

excused. At

9:

o’clock

a.m.,

the

Chair

noted

that

the

following

bills

passed

Third

(^) Reading:

RB.

(^) No.436,

HD

RB.

(^) No.

(^) 354,

HD

ES.

(^) No.293,

HD

I

H.B.

(^) No.

(^848)

H.B.

(^) No.

(^) 813,

HD

HE.

(^) No.

(^) 493,

ED

I

HE.

(^) No.457,

HD

I

HE.

(^) No.

(^) 264,

HD

HR.

(^) No.

HD

I

HR.

(^) No.

(^) 867,

HD

I

H.B.

(^) No.

RD

ROUGH

DRAFT

THIRD

READING

HOUSE

JOURNAL

25TH DAY

RB.

(^) No.

HD

RB.

(^) No.

RD

RB.

(^) No.95,

HD

I

RB.

(^) No.

(^) 906,

MD

H.B.

(^) No.

(^) 827,

RD

RB.

(^) No.

(^492)

H.B.

(^) No.

RD

I

H.B.

(^) No.210,

RD

I

H.B.

(^) No.414,

RD

I

H.B.

(^) No.452,

RD

I

RB.

(^) No.

RD

I

H.B.

(^) No.

RD

R.B.

(^) No.

RD

H.B.

(^) No.

(^) 746,

HD

I

H.B.

(^) No.391,

RD

I

H.B.No.

HD

H.B.

(^) No.

RD

H.B.No.

RD

RB.

(^) No.268,

RD

MB.

(^) No.

(^) 613,

HD

I

MB.

(^) No.

RD

I

MB.

(^) No.

(^) 440,

HD

I

MB.

(^) No.

(^) 443,

RD

I

MB.H.B.No.611,HD

(^) No.

(^) 719,

RD

I

RB.

(^) No.

(^) 822,

RD

M.B.No.

RD

H.B.

(^) No.

(^) 943,

RD

I

MB.

(^) No.

RD

H.B.No.

HD

RB.

(^) No.

HD

I

RB.

(^) No.

RD

I

R.B.

(^) No.

HD

I

RB.

(^) No.

MDI

M.B.

(^) No.1071,

RD

I

R.B.

(^) No.

(^) 83,

(^) MDI

H.B.

(^) No.

(^) 79,

(^) RD

I

At (^) this

(^) time,

(^) the

(^) Chair

(^) stated:

“Members,

please

remember

to submit

to the

Clerk

the

list

of (^) Rouse

Bills

on

the

Consent

Calendar

for

which

you

will

be

inserting

written

comments,

in

support

or

in

opposition.

This

must

be

done

by

the

adjournment

(^) of (^) today’s

(^) Floor

(^) session.”

At (^) 9:

o’clock

(^) am.,

(^) the

(^) Chair

(^) declared

(^) a (^) recess

(^) subject

(^) to the

(^) call

of (^) the

Chair. The Rouse

(^) of (^) Representatives

(^) reconvened

(^) at (^) 9:

(^) o’clock

(^) am.

ORDINARY

CALENDAR

UNFINISHED

BUSINESS

Representative

Tsuji,

for

the

Committee

on

Agriculture,

presented

a

report

(Stand. Com.

Rep.

No.

recommending

that

RB.

No.

as

amended

(^) in (^) MD

I,

(^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

RB.

No.

RD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

DeCoite

(^) rose to

disclose

a potential

conflict

of (^) interest,

stating: “Thank

(^) you,

Mr.

Speaker.

I’d (^) like

(^) to (^) declare

(^) a (^) conflict

(^) of (^) interest.

I

(^) am

(^) a

farmer

(^) and

I

own

(^) a (^) small

family

(^) farm.

Thank

you,

(^) Mr.

Speaker,”

and

the

Chair

(^) ruled,

(^) “no

(^) conflict.”

The

motion

was

put

to vote

(^) by

(^) the

Chair

(^) and

carried,

and

the (^) report

(^) of

the (^) Committee

was

adopted

and

R.B.

No.

MDI,

(^) entitled:

“A

BILL

FOR

AN

ACT RELATED

TO

AGRICULTURE,”

passed

Third

Reading

by (^) a (^) vote

(^) of (^50) (^) ayes,

(^) with

Representative

(^) Jordan

(^) being

(^) excused.

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(^) (Stand.

Com.

Rep.

No.

recommending

(^) that

R.B.

(^) No.

(^) as

amended

(^) in (^) RD

(^) I, (^) pass

(^) Third

(^) Reading.

On (^) motion

by (^) Representative

Saiki,

seconded

by (^) Representative

(^) Evans

and

carried,

the (^) report

of (^) the

(^) Committee

(^) was

(^) adopted

and

R.B.

(^) No.

RD

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

MOTOR

VERICLE

DRIVER

LICENSING,”

(^) passed

Third

(^) Reading

(^) by (^) a (^) vote

of (^47)

ayes

to (^3) noes,

with

Representatives

Fukumoto

(^) Chang,

McDermott

and

Pouha

(^) voting

(^) no, and

(^) with

(^) Representative

(^) Jordan

being

(^) excused.

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(Stand.

Com,

Rep.

No.

recommending

(^) that

MB.

No.

(^) as

amended

(^) in (^) RD

I,

(^) pass

(^) Third

(^) Reading.

On

motion

by (^) Representative

Saiki,

seconded

by

Representative

(^) Evans

and

carried,

the (^) report

(^) of (^) the

Committee

was

(^) adopted

and

MB.

No.

RD

I,

entitled:

“A BILL

FOR

AN ACT

RELATING

TO

TRE

PENAL

CODE,”

passed

Third

Reading

(^) by

(^) a (^) vote

of (^50)

ayes,

with

(^) Representative

Jordan

(^) being

(^) excused.

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(Stand.

Com.

Rep.

No.

recommending

(^) that

RB.

No.

as

amended

(^) in (^) RD

I,

(^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

R.B.

No.

MD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

Tupola

rose

to disclose

a potential

conflict

of (^) interest,

stating: “Thank

you,

Mr.

Speaker.

I’d

like

to (^) declare

a conflict

of (^) interest.

My

husband

(^) is (^) a (^) police

(^) officer,”

(^) and

(^) the

(^) Chair

(^) ruled,

(^) “no

(^) conflict.”

Representative

(^) Tupola

(^) continued

(^) to (^) speak

(^) in

opposition

(^) to the

(^) meastire,

stating: “I’d

like

(^) to

proceed

(^) with

a no

vote.

Comments,

(^) just

four

(^) things.

I

think

that

domestic

violence

should

be

taken

seriously,

and

that the

intent

is

good

to (^) protect

those

who

(^) come

(^) fonvard.

There’s

(^) just

(^) four

(^) concerns

that

(^) I

have.

One

is that to

come

fonvard

with

an

allegation

without

a witness,

currently

(^) the

domestic

(^) violence

laws

state

(^) that

if (^) someone

who

has

been

abused

(^) through domestic violence,

if (^) they

(^) have

(^) a (^) change

(^) of (^) heart,

(^) the

(^) State

will

take

over

(^) and

(^) then proceed

with

(^) the

case

(^) even

if (^) that

(^) person

(^) pulls

(^) out.

But

(^) without

(^) a witness,

it would

be (^) a (^) random

(^) allegation

(^) and

(^) therefore may

have

less

weight

(^) than

it (^) would

if (^) there

could

a witness

(^) with

it. (^) Currently,

there

(^) is

a process

by

which

someone

can

put

forth

(^) a notarized

(^) statement

without

(^) even

(^) going

(^) to (^) the

(^) police

(^) station

(^) where they

(^) would

(^) be (^) protected,

(^) no

one

would

know

that

they

submitted

it,

and

it would

go

through

a

confidential

(^) process

(^) by (^) the

(^) rules

(^) that they

(^) have.

“The

(^) second

(^) thing

(^) is (^) that

(^) it (^) also

(^) violates

(^) home

(^) rule. The

(^) ability

(^) to (^) submit

a notarized

(^) statement

is part

(^) of (^) their

(^) collective

bargaining

(^) agreement,

and

so (^) this

(^) is (^) something

(^) that

(^) oversteps

(^) our

(^) bounds

as legislators,

(^) and

(^) should

(^) be

handled

(^) on the

(^) level

(^) of (^) collective

(^) bargaining

(^) within

(^) their

(^) unit.

“The

third

thing

(^) is (^) removing

(^) officers

(^) off

(^) the

(^) road.

The way

the process

goes

right

no’v

is if there

is an

allegation

against

a police

officer,

immediately

(^) they

(^) are

(^) taken

(^) off

(^) the

(^) road.

Ai~d

(^) so (^) without

(^) having

(^) a (^) witness

or (^) a (^) verifiable

statement,

it may or may

(^) not deter

(^) or

affect

(^) the

(^) amount

(^) of

officers

(^) that

are (^) able

(^) to (^) do

their

(^) job,

(^) because

(^) they

(^) are

(^) being

(^) taken

off (^) the

road

for (^) an

allegation

with

no

witness,

(^) they’re

(^) not

(^) sure

(^) who

it is or (^) who’s

making

(^) the

(^) allegation.

“So

(^) I (^) think

(^) that

(^) there

(^) could

(^) still

(^) be (^) a (^) way

(^) to (^) protect

(^) the

(^) people

(^) who

(^) come

fonvard

with

the

domestic

violence

cases,

but

in a way that

would

still

give

them

their collective

bargaining rights

and

keep

the

officers

(^) on

the

ROUGH

DRAFT

HOUSE

JOURNAL

25TH

DAY

Representative

Tupola

voting

no,

and

with

Representative

Jordan

being

excused. Representative

(^) McKelvey,

for (^) the

(^) Committee

(^) on (^) Consumer Protection

Commerce,

(^) presented

(^) a (^) report

(^) (Stand.

(^) Com.

(^) Rep.

(^) No.

(^) recommending

that

(^) RB.

(^) No.

HD

as (^) amended

(^) in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

On (^) motion

by

Representative

Saiki,

seconded

by

Representative

Evans

and

carried,

the (^) report

(^) of (^) the

(^) Committee

was

adopted

(^) and

(^) H.B.

(^) No.

HD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

RENEWABLE

ENERGY,”

passed

Third

Reading

by

a

vote

of

50

ayes,

with

Representative

(^) Jordan

(^) being

(^) excused.

Representative

(^) McKelvey,

(^) for

(^) the

(^) Committee

(^) on (^) Consumer Protection

Commerce,

(^) presented

(^) a (^) report

(Stand. Corn.

(^) Rep.

No.

recommending

that

(^) H.B.

(^) No.

HD

I,

(^) as (^) amended

in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the (^) Committee

(^) be (^) adopted,

and

that

RB.

No.

HD

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) Rhoads

(^) rose and

(^) asked

that

(^) the

(^) Clerk

(^) record

(^) an (^) aye

vote

with

reservations

(^) for

(^) him,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Har

(^) rose and asked

(^) that

(^) the

(^) Clerk

(^) record

(^) an (^) aye

(^) vote

(^) with

reservations

for (^) her, and the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Onishi

rose

(^) and asked

that

(^) the

(^) Clerk

record

an aye

vote

with

reservations

(^) for

(^) him,

(^) and the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Matsumoto

rose and

asked

that

the (^) Clerk

(^) record

(^) an

aye

vote

(^) with

reservations

(^) for

(^) her, and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Takayama

rose

(^) and

asked

(^) that

the

Clerk

record

an

aye

vote

(^) with

reservations

(^) for

(^) him,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Tokioka

(^) rose

(^) and asked

(^) that

(^) the

(^) Clerk

(^) record

(^) an (^) aye

(^) vote

with

(^) reservations

(^) for

(^) him,

(^) and the

(^) Chair

(^) “so

(^) ordered.”

Representative

Oshiro

rose

to

speak

in support

of

the

measure

with

reservations,

(^) stating:

“Reservations,

(^) because

(^) it (^) has

(^) a (^) July

1st, (^2112)

(^) date.

(^) Thank

(^) you.”

The

(^) motion

(^) was

put (^) to (^) vote

by (^) the

(^) Chair

(^) and

carried,

and

the

report

(^) of

the

Committee

(^) was

(^) adopted

(^) and

H.B. No.

HD2,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

TRANSPORTATION,”

passed

Third

Reading

by

a vote

of

50

ayes,

with

Representatives

Rar,

Matsumoto,

Onishi,

Oshiro,

Rhoads,

Takayama

and

Tokioka

voting

aye

with

reservations,

(^) and

(^) with

(^) Representative

(^) Jordan

(^) being

(^) excused.

Representative

(^) McKelvey,

(^) for

(^) the

(^) Committee

(^) on (^) Consumer

(^) Protection

Commerce,

(^) presented

(^) a (^) report

(Stand. Corn.

(^) Rep.

No.

(^) recommending

that

(^) H.B.

(^) No.

HD

I,

(^) as (^) amended

(^) in (^) RD

(^) 2,

pass

(^) Third

(^) Reading.

On

motion

by

Representative

(^) Saiki,

seconded

(^) by

(^) Representative

(^) Evans

and

carried,

the

report

of (^) the

(^) Committee

was

adopted

and

N.E.

No.

620,

RD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

ENVIRONMENTAL

PROTECTION,”

(^) passed

(^) Third

(^) Reading

(^) by (^) a (^) vote

(^) of

ayes

to (^3) noes,

with

Representatives

Cullen,

Rar

(^) and

Yamane

(^) voting

no, (^) and

(^) with

(^) Representative

(^) Jordan

(^) being

(^) excused.

Representative

(^) McKelvey,

(^) for

(^) the

(^) Committee

(^) on (^) Consumer

(^) Protection

Commerce,

(^) presented

(^) a (^) report

(^) (Stand.

(^) Com.

(^) Rep.

No.

(^) 758)

(^) recommending

that

(^) R.B.

(^) No.

HD

I,

as (^) amended

in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

On (^) motion

by

Representative

Saiki,

seconded

by (^) Representative

Evans

and

carried,

the (^) report

(^) of (^) the

(^) Committee

(^) was

adopted

(^) and

(^) H.B.

No.

HD

(^) entitled:

“A

BILL

FOR

AN

ACT RELATING

TO

EMPLOYMENT

AGREEMENTS,”

passed

Third

Reading

by

a vote

of

50

ayes,

with

Representative

(^) Jordan

(^) being

(^) excused.

Representative

(^) Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a report

(Stand.

Com.

Rep.

(^) No.

(^) recommending

(^) that

H.B.

No.

RD

t, as

amended

in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative Saiki,

seconded

(^) by

(^) Representative

Evans

and

carried,

the

report

(^) of (^) the

Committee

was

adopted

(^) and

HR.

No,

(^) 482,

HD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

AGRICULTURE,”

(^) passed

(^) Third

(^) Reading

(^) by (^) a (^) vote

(^) of (^) SI

ayes.

Representative

(^) Luke,

for (^) the

(^) Committee

(^) on

Finance,

presented

(^) a report

(Stand. Corn.

(^) Rep.

(^) No.

(^) recommending

(^) that

NB.

No.

507,

HD

I

pass

Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

N.E.

No.

RD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) Tsuji

(^) rose to speak

in (^) support

(^) of (^) the

(^) measure,

(^) stating:

“Strong

(^) support

(^) with

(^) written

(^) comments.”

Representative

(^) Tsuji’s

(^) written

(^) remarks

are (^) as (^) follows:

rise in

support

(^) of

(^) HB

HD

I.

This

measure

aims

to control

the

spread

of (^) the

(^) macadamia

felted

coccid

to areas

which

are

still

free

from

infestation.

Funds

would

go

to DOA,

and

in cooperation

with CTAHR,

research

would

be

done

to

develop

methods

for

the

prevention

and

treatment

(^) of (^) this

(^) pest.

“A

recent

Hawaii

Tribune-Herald

article

cited

the

fact

(^) that

(^) macadamia

nut

crops

are (^) among

(^) the

top

exports/agricultural

commodities

in Hawaii.

Most

of (^) those

crops

are

on

the

Big

Island.

This

pest

can

cause

severe

damage

to

macadamia

nut

orchards,

decimate

the

crop(s),

and

thus

prevention

(^) measures

are (^) needed.”

Representative

Tsuji

also

submitted

the

following

Hawaii

Tribune

Herald

(^) article:

“Hawaii

(^) exports

(^) thriving

Posted

(^) March

(^) — 1:01am

LIHUE,

(^) Kauai (AP)

(^) —

(^) Merchandise

(^) exports

(^) from Hawaii

(^) soared

(^) to SI

billion

last

(^) year,

(^) a new record

high

that

contributed

to (^) the

(^) nearly

trillion

(^) in (^) goods

(^) and

(^) services

(^) exported

(^) nationwide,

The

(^) news

from

the (^) U.S.

Department

(^) of (^) Commerce

came

as no (^) surprise

to (^) company

officials

and

business

(^) advocates,

who

say (^) that

(^) exports

are

indeed

(^) growing.

“The economic

numbers

(^) reaffirm

the (^) importance

of (^) bilateral

trade

(^) as

it

affects

(^) our

(^) Hawaii

economy,”

Kauai Chamber

(^) of (^) Commerce President

Randy

(^) Francisco

(^) wrote

(^) in (^) an (^) email.

Koloa

Rum Company

President

and

CEO

Bob

Gunter

said

company

officials

(^) started

(^) exporting

(^) their

(^) products

(^) to (^) Canada

(^) about

(^) three

(^) years ago

and

have

slowly

begun

to

expand

those

efforts

to

include

France,

Australia

(^) and

Japan.

“As

‘ye

all

know

here

in

Hawaii,

we’re

uniquely

positioned

geographically

and

(^) culturally

to take

(^) advantage

of (^) export

(^) opportunities,

especially

in (^) Asia

and

the (^) South

Pacific,”

Gunter

said.

“Because we

(^) get

visitors

from

(^) all

over

the (^) world,

but (^) certainly

from

(^) those

regions, all

of

us (^) who

are in

manufacturing

(^) in

Hawaii

have

(^) the

(^) opportunity

(^) to

get (^) our

ROUGH

DRAFT

At

9:

o’clock

am.,

the

Chair

noted

that

the

following

bills

passed

Third

(^) Reading:

H.B.

(^) No.

HR.

(^) No.

H.B.

(^) No.

HR.

(^) No.

H.B.

(^) No.

HR.

(^) No.

H.B.

(^) No.

RD

HD

lOll,

RD

I

RD

RD

RD

HD

HOUSE

JOURNAL

25TH

DAY

products

in

front

of

consumers

and

potential

buyers

from

these

international

markets.”

Goods

(^) that

(^) were

(^) exported

(^) from

(^) Hawaii

(^) last

(^) year

(^) were

(^) led

(^) by (^) a (^) number

(^) of

sectors,

including

million

in

transportation

equipment.

million

in petroleum

and

(^) coal

products,

and

$

million

in chemicals,

according

to data

from

the

Department

of

Commerce’s

International

Trade

(^) Administration.

Hawaii

Shippers’

Council

President

Michael

Hansen

said

the

major

merchandise

exports

from

Hawaii

are

refined

petroleum

products

and

residual fuel

(^) oil

(^) from

the (^) two

(^) crude

(^) oil

(^) petroleum refineries

at (^) Campbell

Industrial

(^) Park

(^) in (^) Kapolel

(^) on (^) Oahu.

But

(^) those

(^) numbers

(^) don’t

(^) tell

the (^) whole

(^) story,

(^) or paint

(^) an

accurate

(^) picture

of

Hawaii’s

export

market,

said

John

Holman,

the

Pacific

Islands

director

for

the

United

States

Department

of

Commerce’s

U.S.

and

Foreign Commercial

(^) Service.

Because

of

the

state’s

unique

geographic

location,

ships

or

aircraft

traveling

from

(^) the

West

(^) Coast or

other

U.S.

destinations

(^) stop

routinely

in

Hawaii

to

reftiel

before

continuing

on

to

their

international

Thedestination.

(^) cargo

(^) carried

(^) on (^) those

(^) ships

(^) and

planes,

(^) as (^) a (^) result,

(^) are

(^) factored

(^) into

the (^) state’s

(^) export

(^) figures,

(^) Holman

(^) said.

“We

(^) know

(^) we

don’t

(^) make

(^) aircraft

(^) here,

(^) we

(^) don’t

(^) make

(^) oil,

(^) coal

(^) products,

petroleum

products,

(^) or (^) chemicals,

(^) so (^) we

(^) have

to kind

of (^) chop

(^) out

(^) what

we (^) know

(^) are

(^) not

(^) Hawaii

(^) prodocts

(^) and

(^) see

(^) what

(^) are,”

Holman

(^) explained.

Some

(^) of (^) the

(^) state’s

other

(^) top

(^) exports

are

fresh

seafood,

coffee,

bottled

water,

cosmetic

products,

and

food

and

beverage

products

like

macadamia

(^) nuts

(^) or (^) organic

(^) honey.

Perhaps

(^) the state’s

(^) most

(^) successful

(^) exports,

(^) he (^) said,

(^) are

(^) service

(^) products,

such

as

engineering

and

architectural

consulting

services

and

international tourism

(^) or study,

(^) which

(^) are

(^) more

(^) difficult

(^) to (^) track.

“Because

of

our

proximity

to Asia,

and

even

more

significantly

than

that,

our

cultural

affinity

with

many

Asian

markets,

Hawaii

is a great

place

to do

business

internationally,”

Holman

said.

Expanding

export

opportunities from

(^) Hawaii

(^) has

(^) its

challenges.

The

high

cost

of (^) importing

essential

manufacturing

products,

such

as

packaging,

agricultural

tools

or

machinery,

is

an

impediment

that

businesses

(^) must

(^) face

(^) before

(^) they

(^) even

(^) make

(^) or (^) sell

(^) their

(^) goods.

“That’s

something

that

we

all

face

and

it creates

an unleveled

playing

field

for (^) all (^) of (^) us (^) here in

(^) Hawaii

(^) because

(^) most

Mainland

manufacturers

or producers

of (^) products

don’t

have

that

extra

high

costs

of (^) freight

to

contend

(^) with,”

Gunter

(^) said.

Companies

throughout

the state

“rely

(^) on

(^) a lot (^) of (^) ‘outside’

influences

to

have

(^) a (^) successful

business”

because

(^) of (^) the

(^) state’s

(^) geographically

(^) remote

location,

County

Office

of (^) Economic

Development

Director

George

Costa

(^) wrote

(^) in (^) an (^) email.

“Unless

it is something

(^) that

is actually

grown

and

manufactured

here

without

(^) outside

inputs,

(^) it

is (^) very

(^) difficult

(^) to

succeed,” Costa

explained.

“We

(^) have

limited

(^) raw

materials

with

which

(^) to (^) make

(^) a product,

and

the

product

(^) will

most

likely

be

made

by

someone

making

a wage

higher

than

(^) on (^) the

(^) Mainland.”

Promising

(^) areas

for

growth,

(^) Holman

said,

are (^) markets

in Australia

(^) and

Canada,

which

also

reflect

(^) strong

(^) visitor

(^) arrivals

to (^) Hawaii,

as (^) well

as

South

(^) Korea,

(^) where

(^) a (^) free

(^) trade

(^) agreement

(^) was

(^) forged

(^) three

(^) years

(^) ago.

Creating

(^) free

(^) trade

(^) agreements

(^) with

(^) more

(^) countries, especially

those

in

Asia,

and

either

repealing

the

Jones

Act

or

crafting

exceptions

for

Hawaii,

(^) will

(^) likely

encourage

(^) more

(^) Hawaii

(^) businesses

(^) to (^) explore

export

options, Holman

and (^) Gunter

(^) said.

“I think

(^) that,

if (^) we

could

(^) modi~’

(^) or

eliminate

(^) the

onerous

requirements

of (^) the

(^) Jones

(^) Act

(^) for

(^) us

here in

Hawaii,

(^) it (^) would

(^) be (^) a (^) tremendous

(^) benefit

not (^) only for

(^) companies

(^) who

are (^) desiring

(^) to (^) export

(^) but

(^) also

for (^) our local

residents

(^) because

(^) everything

(^) that

(^) comes

(^) into

Hawaii

(^) has

(^) that

(^) higher

(^) cost

added

(^) to (^) it (^) for

(^) freight,”

(^) Gunter

(^) said.”

The

(^) motion

(^) was

put (^) to (^) vote

(^) by

(^) the

(^) Chair

(^) and

carried,

and the

report

of

the

Committee

was

(^) adopted

and

HR.

No.

I-ID

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

AGRICULTURE,”

(^) passed

(^) Third

Reading

bya

(^) vote

(^) ofSl

ayes.

Representative

Luke,

for (^) the

Committee

(^) on

Finance,

(^) presented

a report

(Stand.

(^) Com.

(^) Rep.

(^) No.

(^) 762)

recommending

(^) that

RB.

(^) No.

t

(^) pass

(^) Third

Reading. On

motion

by

Representative

Saiki,

(^) seconded by

(^) Representative

Evans

and

(^) carried,

(^) the

(^) report

(^) of (^) the

Committee

was

(^) adopted

(^) and

(^) H.B.

No.

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

IMPORTANT

AGRICULTURAL

LANDS,”

passed

(^) Third

(^) Reading

(^) by (^) a (^) vote

(^) of (^51)

ayes.

Representative

Luke,

for (^) the

Committee

(^) on

Finance,

(^) presented

a report

(Stand.

Com.

Rep.

No.

(^) 763)

recommending

(^) that

HE.

No.

484,

(^) HD

(^2) (^) pass

Third

(^) Reading.

Representative

(^) Saiki

moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

H.B.

No.

HD

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) Jordan

rose

and

(^) asked

(^) that

(^) the

Clerk

(^) record

an aye (^) vote

with

reservations

(^) for

(^) her,

(^) and the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Har

(^) rose

(^) and

(^) asked

(^) that the

(^) Clerk

(^) record

(^) an (^) aye

(^) vote

(^) with

reservations

(^) for

(^) her, and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

Oshiro

(^) rose and asked

that

(^) the

(^) Clerk

(^) record

all aye (^) vote

with

(^) reservations

(^) for

(^) him,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Tokioka

(^) rose and asked

(^) that

(^) the

(^) Clerk

(^) record

(^) an (^) aye

(^) vote

with

(^) reservations

(^) for

(^) him,

(^) and

(^) die

(^) Chair

(^) “so

(^) ordered.”

The

motion

was

put (^) to vote

by

the (^) Chair

(^) and

(^) carried,

(^) and

(^) the

report

(^) of

the

Committee

was

adopted

and

HR.

No.

484,

HD

entitled:

“A SILL

FOR

AN

ACT

RELATING

TO

ENERGY,”

passed

(^) Third

Reading

(^) by

a

vote

of (^) St

ayes,

with

Representatives

Bar,

Jordan,

Oshiro

and

Tokioka

voting

(^) aye

(^) with

(^) reservations.

Representative

Luke,

for (^) the

Committee

on Finance,

presented

a report

(Stand.

Com.

(^) Rep.

(^) No.

(^) 764)

(^) recommending

(^) that

(^) H,B.

(^) No.

HD

I

pass

Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

HE.

No.

MD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

Jordan

rose and

asked

that

(^) the

(^) Clerk

(^) record

an aye (^) vote

with

(^) reservations

for (^) her, and the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Har

(^) rose

(^) and

(^) asked

(^) that the

(^) Clerk

(^) record

(^) an (^) aye

(^) vote

(^) with

reservations

(^) for

(^) her,

(^) and

(^) the

Chair

(^) “so

(^) ordered.”

Representative

Oshiro

(^) rose and

asked

(^) that

die (^) Clerk

record

an aye (^) vote

with

(^) reservations

for (^) him,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

The

motion

(^) was

(^) put

(^) to (^) vote

(^) by

the

Chair

(^) and

carried,

and

the (^) report

of

the (^) Committee

(^) was

(^) adopted

and

HR.

No.

HD

(^) entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

ENVIRONMENTAL

PROTECTION,”

passed

(^) Third

(^) Reading

(^) by (^) a (^) vote

(^) of (^49) (^) ayes

to (^2) noes,

(^) with

(^) Representatives

Har,

Jordan

and

Oshiro

voting

aye

with

reservations,

and

with

Representatives

(^) McDermott

(^) and

(^) Tupola

(^) voting

(^) no.

Representative

(^) Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a report

(Stand.

(^) Com.

Rep.

(^) No.

(^) 765)

recommending

(^) that

(^) No.

RD

(^) pass

Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

H.B.

No.

HD

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) Jordan

(^) rose and

asked

(^) that

(^) the

(^) Clerk

(^) record

an aye

vote

with

(^) reservations

(^) for

(^) her,

(^) and the

(^) Chair

(^) “so

(^) ordered.”

ROUGH

DRAFT

HOUSE

JOURNAL

25TH DAY

Representative

Johanson

rose

to speak

in support

of (^) the

measure

with

reservations, stating: “Thank

you,

Mr.

Speaker.

With

reservations

and

a brief

(^) comment.

My

reservations

(^) stem

largely

(^) from

(^) the

fact

(^) that

I,

at (^) some

(^) level,

(^) wonder

(^) if (^) this

is precedent setting

(^) in the

(^) context

of (^) evaluating

all public

(^) sector

(^) workers,

and

we

don’t

typically

audit

their

workload.

So

I just

have

small

reservations

(^) on (^) those

(^) points.

(^) Thank

(^) you.”

Representative Ward

rose

and

asked

that

the (^) Clerk

record

an aye

vote

with

(^) reservations

(^) for

(^) him,

(^) and the

(^) Chair

(^) “so

(^) ordered.”

The

(^) motion

was

put (^) to

vote

(^) by

(^) the

(^) Chair

(^) and

carried,

and

the

report

of

the (^) Committee

(^) was

(^) adopted

(^) and

KB.

(^) No.

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

THE

UNIVERSITY

OF

HAWAII,”

passed

Third

Reading

(^) by (^) a (^) vote

(^) of

(^) ayes

to (^3) (^) noes,

(^) with

(^) Representatives

(^) Johanson

(^) and

Ward

voting

aye

with

reservations,

and

with

Representatives

Fukunioto

(^) Chang,

(^) Thielen

(^) and

(^) Tupola

(^) voting

(^) no.

Representative

Luke,

for

the

Committee

(^) on

(^) Finance,

(^) presented

a report

(Stand. Corn.

Rep.

No.

recommending

(^) that

(^) H.B.

(^) No.

MDI

pass

Third

(^) Reading.

On

motion

(^) by

Representative

Saiki,

seconded

by (^) Representative

Evans

and

carried,

(^) the

(^) report

(^) of (^) the

Committee

(^) was

adopted

and

RB.

No.

(^) 811,

HD

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

THE

UNIVERSITY

OF

HAWAII,”

(^) passed

(^) Third

(^) Reading

(^) by (^) a (^) vote

(^) of (^) SI

ayes.

At

9:

o’clock

a.m.,

the

Chair

noted

that

the

following

bills

passed

Third

(^) Reading:

RB.

(^) No.

HD

H.B.

(^) No.

(^) 547,

HO

H.B.

(^) No.

(^) 541,

RD

I

H.B.

(^) No.

(^) 96,

(^) HO

I

H.B.

(^) No.

(^) 540,

RD

I

H.B.

(^) No.

(^543)

H.B.No.

RD

I

Representatives

(^) McKelvey

(^) and

(^) Rhoads,

(^) for

(^) the

(^) Committee

(^) on (^) Consumer

Protection

Commerce

and

the

Committee

on

Judiciary,

presented

a

report

(Stand.

Corn.

Rep.

No.

recommending

that

RB.

No.

RD

I,

(^) as (^) amended

(^) in

MD (^) 2, (^) pass

(^) Third

(^) Reading.

Representative

Saiki

moved

that

the

report

of

the

Committees

be

adopted,

and

(^) that

H.B.

No.

MD

(^) pass

Third

Reading,

(^) seconded

by

Representative

(^) Evans.

Representative

Rar

rose

to

speak

in support

of

the

measure

with

reservations,

(^) stating:

“Thank

(^) you,

Mr.

Speaker.

Please

(^) note

(^) my

(^) serious

reservations,

(^) and

(^) may

I

have

(^) brief

(^) comments,

(^) please?

(^) Thank

(^) you,

(^) Mr.

Speaker.

Mr.

(^) Speaker,

(^) first

of (^) all,

(^) I (^) want

(^) to thank

(^) the

(^) CPC

(^) Chair

(^) for

(^) making

(^) the

(^) effective

(^) date

(^) of2l

“My

(^) concern

really

(^) does

(^) arise

(^) frorn

(^) the

testimony

(^) that

(^) was

(^) submitted

(^) by

Jeffrey

Ono,

the

Division

of (^) Consumer Advocacy.

Specifically

he

notes

that,

(^) ‘The

(^) Consurner

(^) Advocacy

is concerned

(^) that

(^) this

bill

would

repeal

all

of (^) the

legislation

passed

(^) in

2012

that

provided

the

regulatory

framework

by (^) which

(^) an (^) undersea

(^) electricity

(^) transmission

(^) cable

(^) would

(^) be (^) developed,

if

a decision

were

(^) to (^) be (^) made

(^) to

move

(^) forward with

(^) the

development

(^) of (^) an

undersea

(^) cable.’

Under

HRS 269-

to 269-135,

entitled

the

‘Interisland

Transmission

System,’

it provided

‘a clear

regulatory

path

by

which

the

cable

could

be

developed.

These

provisions

set

forth

the

Request

for

Proposal

process,

the

certification

process,

and

the

cost

recovery

mechanism

for

a certified

cable

company.

Each

of

these

elements

is

intended

(^) to (^) remove

(^) regulatory

(^) uncertainty

(^) from

the process

(^) of (^) developing,

installing,

and

operating

an

undersea

cable,

but

discussion

on

Act

Session

Laws

of (^) Hawaii

made

it clear

that

these

provisions

were

only

part

of

a larger,

ongoing

discussion

on

the

benefits

and

costs

of

undersea

(^) cable

(^) — (^) not

(^) the end

(^) of (^) it.’

“And

(^) for

(^) those

(^) reasons,

(^) Mr.

Speaker,

(^) I’m

(^) with

(^) reservations.

(^) Thank

(^) you.”

Representative

(^) Lee rose to

(^) speak

(^) in

support

(^) of (^) the

(^) measure,

(^) stating:

“Thank

you,

Mr.

Speaker.

In support.

Thank

you,

just

(^) very

briefly

on

this

measure.

I

really

want

to thank

the

CPC

Chair

for

his (^) work

on

this.

Clearly

(^) when

the

Legislature

passed

the (^) original

law

that

(^) established

the

regulatory

framework

for

an

interisland

cable some years

ago,

it (^) had the

intent

(^) of (^) doing

what

(^) is

in the (^) best

(^) interest

of (^) the

public.

There’s

a divide

today though,

between

(^) what

is (^) in

the (^) best

(^) interest

(^) of (^) the

(^) public

(^) and

(^) what

(^) is

actually

(^) transpiring.

“As

we

look

at the

different

utility

(^) changes

that

(^) are

taking

(^) place,

both

with

distributed

generation,

with

utility-scale

projects

on

the

neighbor

islands,

(^) with

our

very

energy

sector

itselt

we have

(^) to

responsibly

take

(^) a

look

at (^) what

(^) our

(^) ftture

is (^) going

(^) to (^) look

(^) like

(^) with

our energy

(^) use

(^) here.

(^) Is (^) it

going

to

mean

energy

use

here

on

individual

islands,

or energy

use

collectively

as

a whole

state?

And

that

is a question

that

is yet

to be

answered. “Especially

right

now

(^) with

(^) the

potential

merger

(^) of (^) HECO

and

NextEra

on the

(^) table.

(^) Their

(^) proposals to

(^) do

(^200)

megawatts-plus

of (^) wind

on

Maui.

Their

(^) proposals

to (^) connect

(^) and

(^) expand

(^) geothermal

on (^) the

(^) Big

(^) Island.

(^) Their

proposals

(^) tu do all

sorts

(^) of (^) things

which

could

(^) have

(^) potential

benefits,

(^) but

could

also

(^) engender serious

(^) risks

(^) for

(^) those

(^) communities,

for (^) our

grid,

(^) and

for (^) the

(^) cost

(^) to (^) consumers.

“What

(^) this

measure

does

is take

a look

at (^) repealing

(^) a portion

of (^) what

was

put

in place,

and

the

only portion

of (^) that

law

it repeals

reflects

the

ability

for

rate

recovery

from

consumers

to study

and

figure

out

this

situation. What

(^) that

(^) means

is, (^) we’re

(^) repealing

(^) the

(^) ability

(^) of (^) the State to

(^) add

costs

(^) to

consumers’

electric

bills

(^) to

pay

for (^) the

studies

that

these

utilities

are (^) going

(^) to (^) do.

“What

(^) we

(^) want

to (^) know

is (^) what

(^) those

(^) plans

are (^) in (^) the

first

(^) place

(^) before

we (^) allow

(^) the

(^) utilities

(^) to (^) charge

(^) consumers

(^) for

(^) these

(^) studies.

That’s

(^) what

(^) we

want

(^) to (^) know.

(^) Because

(^) all (^) of (^) this

is (^) up

in the

(^) air,

(^) there’s

billions

(^) of (^) dollars

in investment,

(^) both

in the

neighbor

islands

(^) and

here

(^) on the

(^) table,

and the

very

future

(^) of (^) our

energy

grid

is at (^) stake.

We

want

to know

(^) what

those

plans

are

before

we

allow

people

to charge

our

constitucnts

and

our

ratepayers

(^) for

(^) those

(^) studies.

(^) Thank

(^) you

(^) very

(^) much.”

Representative

Mar

(^) rose

(^) to (^) respond,

(^) stating:

“Thank

(^) you.

Mr.

(^) Speakcr.

Brief

(^) rebuttal.

I

appreciate

(^) the

(^) passion

(^) of (^) the

EEP

(^) Chair,

but

that

(^) said,

again,

if (^) you

look

back

at (^) 2012,

the (^) law

(^) that

(^) we

passed,

also

(^) known

as Act

all

it (^) was

(^) meant to

(^) do

(^) was

(^) to (^) provide

(^) the

degree

of (^) certainty

to any

cable

developer

in knowing

how

the

selection

process

(^) would

(^) occur

(^) and

(^) how

(^) the

(^) devcloper

(^) would

be (^) compensated.

It (^) was

not

a mandate

to (^) the

PUC

to move

forward

with

the (^) development

(^) of

an

undersea

cable.

It simply

established

the

regulatory

framework

for

an

undersea

cable

if it was

decided

that

a cable

would

be

in the

public

interest,

(^) with

(^) the net

(^) benefits

(^) of (^) the

(^) cable

(^) exceeding

(^) the

(^) cost.

“Therefore,

since

(^) the

(^) framework

(^) in (^) Act

(^) would

(^) he (^) called

only

(^) upon

when

the

State

was

ready

to move

forward

with

the

installation

of

an

undersea

cable,

and

not before

the

State

is ready,

it’s

not

clear

what

the

benefit

is in repealing

this

legislation

and

how

it best

serves

Hawaii

in

reaching

(^) its

long-term

clean

energy

(^) goals.

And

again,

for (^) those

(^) reasons,

I

stand

(^) with

(^) reservations.

(^) Thank

(^) you,

(^) Mr.

Speaker.”

Representative Saiki

rose

(^) to (^) speak

(^) in (^) support

(^) of (^) the

(^) measure,

(^) stating:

“Mr.

Speaker,

I

rise

(^) in (^) support

(^) of (^) this

(^) measure.

I’d (^) just

(^) like

(^) to (^) note

(^) that

(^) in

the

interisland

transmission

cable

was

a top

priority

(^) of (^) the

former

Governor,

and

(^) many in

(^) the

public

(^) felt

(^) that

that

decision

(^) was

being

(^) made

without

substantial

public

input.

This

legislation

will

permit

(he

current

administration

(^) to (^) reassess

(^) that

(^) policy

(^) and

to (^) develop

a framework

(^) in (^) which

to

make

a decision

that

will

benefit

the

entire

State.

Thank

you

very

much.” The

motion

(^) was

put (^) to (^) vote

by

the (^) Chair

(^) and

carried,

and

the (^) report

of

the (^) Committees

(^) was

adopted

and

HE.

No.

1468, I-ID

(^) entitled:

“A

BILL

ROUGH

DRAFT

HOUSE

JOURNAL

25TH DAY

FOR

AN

ACT RELATING

TO

THE

INTERISLAND HIGH-VOLTAGE

ELECTRIC TRANSMISSION

CABLE

SYSTEM,”

(^) passed

(^) Third

Reading

by (^) a (^) vote

(^) of (^50)

ayes,

(^) with

Representative

(^) Har

(^) voting

(^) aye

(^) with

(^) reservations,

and (^) with

(^) Representative

(^) Cachola

(^) being

(^) excused.

Representatives

(^) McKelvey

(^) and

(^) Rhoads,

(^) for

(^) the

(^) Committee

(^) on (^) Consumer

Protection

Commerce

and

the

Committee

on

Judiciary,

presented

a

report

(Stand.

Com.

Rep.

No.

recommending

(^) that

H.B.

No.

HO

I,

(^) as (^) amended

in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

On (^) motion

(^) by

(^) Representative

Saiki,

seconded

(^) by

Representative

Evans

and

carried,

(^) the

(^) report

(^) of (^) the

(^) Committees

(^) was

(^) adopted

(^) and

(^) H.B.

(^) No.

HO

entitled:

“A

BILL

FOR

AN

ACT RELATING

TO

CONSUMER

PROTECTION,”

(^) passed

(^) Third

(^) Reading

(^) by

a vote

(^) of (^49)

ayes

(^) to

I no, (^) with

Representative

McDermott

voting

no,

and

with

Representative Cachola

being

(^) excused.

Representative Luke,

for (^) the

Committee

(^) on

Finance,

(^) presented

a report

(Stand.

(^) Com.

Rep.

(^) No.

(^) 779)

(^) recommending

(^) that

(^) RB.

(^) No.

RD

I

pass

Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

HE.

No.

HD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) Tsuji

rose

(^) in (^) support

of (^) the measure

and

asked

that

his

written

(^) remarks

(^) be (^) inserted

(^) in the

(^) Journal,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Tsuji’s

(^) written

(^) remarks

(^) are

(^) as (^) follows:

“This

(^) measure

would give

(^) the

(^) Department

(^) of (^) Agriculture

(^) — (^) via

(^) its (^) Board

— (^) the

(^) authority

(^) to adopt

(^) administrative

(^) rules

(^) relating

(^) to (^) the

(^) origin

(^) of (^) certain

agricultural

(^) commodities.

“Hawaii

products

(^) are

(^) very

(^) often prized

(^) and

(^) valued

by (^) visitors

(^) and

(^) locals

alike.

(^) There

(^) have

(^) been

(^) unfortunate

(^) examples

(^) of

(^) unethical, falsely

(^) marketed

agricultural

(^) products

claiming

Hawaii

as its origin.

HE

is a budget-

neutral

way

(^) to

allow

(^) the

industry

to drive

the

demand

or need

for (^) such

origin

designation

instead

of (^) creating

legislative

mandates

with

possible

fiscal

(^) implications.”

Representative

(^) DeCoite

(^) rose to

disclose

a potential

conflict

(^) of (^) interest,

stating: “Thank

you,

Mr.

Speaker.

Potential

conflict.

I’m

a farmer

and

small

business

owner.

Thank

you,

Mr.

Speaker,”

and

the

Chair

ruled,

“no

conflict.” The

motion

(^) was

put (^) to

vote

by (^) the

Chair

and

carried,

(^) and

(^) the

report

of

the

Committee

(^) was

adopted

(^) and

(^) RB.

No.

HD

I,

(^) entitled:

“A

BILL

FOR

AN ACT

RELATING

TO

AGRICULTURE,”

passed

(^) Third

(^) Reading

by (^) a (^) vote

(^) of (^50) (^) ayes,

(^) with

(^) Representative Cachola being

(^) excused.

Representative

(^) Luke,

for

the

Committee

on

Finance,

(^) presented

a report

(Stand.

Com.

(^) Rep.

No.

recommending

(^) that

RB.

(^) No.

HD

I,

as

amended

(^) in (^) HD

(^) 2,

pass

(^) Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

H.B.

No.

HD

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) DeCoite

(^) rose to

disclose

a potential

conflict

of (^) interest,

stating: “Thank

(^) you,

(^) Mr.

Speaker.

Again, potential

conflict.

I’m

a farmer,”

and

the (^) Chair

(^) ruled,

(^) “no

(^) conflict.”

The

motion

(^) was

put (^) to (^) vote

by (^) the

Chair

and

carried,

(^) and the

(^) report

(^) of

the (^) Committee

(^) was

adopted

(^) and

(^) H.B. No.

HD

(^) entitled:

“A BILL

FOR

AN

ACT

RELATING

TO

PUBLIC

UTILITIES,”

passed

Third

Reading

(^) by

(^) a (^) vote

(^) of (^50) (^) ayes,

(^) with

(^) Representative

(^) Cachola

(^) being

(^) excused.

Representative

(^) Luke,

for

the (^) Committee

on (^) Finance,

presented

(^) a (^) report

(Stand.

Corn.

(^) Rep.

(^) No.

(^) recommending

(^) that

(^) H.B.

(^) No.

(^) 240,

(^) as (^) amended

in (^) RD

(^) I, (^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

HR.

No.

HD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

McKelvey

rose

to

speak

in support

of

the

measure,

stating: “Thank

you,

Mr.

Speaker.

In support,

and

I

just

want

to say

Happy

Anniversary

(^) to (^) this

(^) bill.”

The

motion

was

put

to vote

by (^) the

Chair

(^) and

carried,

and the

report

of

the (^) Committee

(^) was

adopted

and

H.B.

No.

RD

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

SEAWATER

AIR

CONDITIONING,”

passed

Third

Reading

(^) by

(^) a vote

(^) of (^50)

ayes,

with

Representative Cachola

being

(^) excused.

Representative Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a report

(Stand.

(^) Com.

(^) Rep.

No.

recommending

that

(^) RB.

No.

HD

I,

as

amended

(^) in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

(^) by

(^) Representative

Saiki,

(^) seconded

by

Representative

(^) Evans

and

carried,

the (^) report

(^) of (^) the

Committee

was

adopted

and

HR.

No.

HD

entitled:

“A

SILL

FOR

AN

ACT

RELATING

TO

PROCUREMENT,”

passed

Third

Reading

by

a vote

of

50

ayes,

with

Representative Cachola

(^) being

(^) excused.

Representative Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a (^) report

(Stand.

(^) Com.

(^) Rep.

(^) No.

recommending

that

(^) H.B.

No.

RD

I,

as

amended

(^) in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

moved

(^) that

(^) the

(^) report

(^) of (^) the (^) Committee

(^) be

adopted,

and

that

RB.

No.

HD

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

Oshiro

rose

to speak

in support

of the

measure

with

reservations,

(^) stating:

“Mr.

Speaker, I’m

(^) rising

(^) with

(^) reservations

(^) against

(^) this

(^) measure.

Nothing

against

(^) the

Chamber

(^) of (^) Commerce,

in fact,

(^) I worked

well with

(^) them

over

the

last

several

years,

I

think

they’re

an

integral

part

of

our

business

community.

Most

(^) recently

(^) with

(^) the

(^) Hiring

(^) Our

(^) Heroes

(^) campaign, they

(^) did

an (^) admirable

(^) job. My

(^) hat’s

(^) off

(^) to (^) Sherry

(^) McNamara

(^) and

(^) the board.

“What

concerns

me

is that

(^) this

particular

(^) measure

(^) here

has

an effective

date

of

December

31st,

It goes

out

to

January

1st,

It’s

a

temporary

(^) tax

(^) credit,

manufacturer’s

(^) tax

(^) credit.

“Two

points.

I

have

some

concerns

with

the

language

regarding what

can

be

picked

up

under

this

particular

(^) qualified

manufacturing

cost,

and

also

the

reasonable

and

necessary

cost

incurred

to

train

employees

to

manufacture

(^) tangible

(^) personal

(^) property

(^) in the

(^) State.

“If

I look

through

the

testimony

that’s

provided

by

the

Chamber

of

Commerce

and

the

initial

draft

that

was

filed,

they

looked

at,

I think,

capping

(^) it (^) at (^) no

(^) more than,

I

think

it was

(^) $200,

(^) per

(^) qualified

(^) business.

And

if (^1) look

(^) at (^) the

(^) number

(^) of (^) small

(^) businesses

(^) according

(^) to (^) the

(^) Chamber

of

Commerce

of

Hawaii,

they

have

about

small

business

manufacturers

in the (^) State.

Simple

math,

(^) potential

liability

(^) to the State

of

about $

(^) million.

“So

(^) I (^) just

need

to take note

of (^) that,

Mr.

Speaker,

at (^) this time.

There’s

other

(^) bills

(^) coming

(^) up (^) with

(^) other credits,

(^) and we have

(^) the

(^) budget before

(^) us

next

(^) week.

So,

I (^) just

(^) wanted

(^) to (^) bring

(^) that

(^) to the

(^) Members’

(^) attention.

(^) Thank

you.” The

motion

(^) was

(^) put

(^) to vote

(^) by

(^) the

Chair

(^) and

(^) carried,

and

(^) the

report

of

the

Committee

(^) was

(^) adopted

and

(^) HE.

(^) No.

HD2,

(^) entitled:

“A BILL

FOR

AN ACT

RELATING

TO

TAXATION,”

passed

(^) Third

Reading

(^) by

(^) a

ROUGH

DRAFT

HOUSE

JOURNAL

25TH DAY

the (^) State’s

trust

(^) duties

(^) and

responsibilities

in (^) each

of (^) the

(^) subjects covered

by

the

training.

When

asked

to identi~’

the

most

important

‘takeaways’

from

(^) the

(^) training,

responses

(^) included:

The

difficult

and

huge

responsibilities

for

us to respect

and

protect

Hawaiian

(^) traditional

(^) and

(^) customary

(^) practices.

The

(^) Public

(^) Land

(^) Trust

(^) is (^) real

(^) and

(^) important.

Water

(^) laws

(^) in (^) Hawaii

incorporate

(^) a (^) concept

(^) of (^) public

(^) trust.

The

historical

basis

of

Native

Hawaiian

customary

rights

and

practices.

The

(^) counties

(^) dq

have

(^) an (^) obligation

(^) to (^) conserve

(^) and

protect

(^) the

State’s

natural

(^) resources.

A

(^) better understanding

(^) of (^) water

(^) resource management

(^) in (^) Hawaii.

“Employees

at (^) the

Department

(^) of (^) Land

(^) and

Natural

Resources

and

the

Land

(^) Use

(^) Commission

(LUC)

(^) who

participated

in (^) the

(^) course

(^) testified

(^) that

‘everyone

(^) who

(^) attended

(^) had

(^) high

praise

for (^) the course

(^) and

indicated

(^) it was

well

worth

their

Saturday.’ The

LUC

further

praised

the

course

in their

testimony,

writing

(^) that

(^) the

(^) courses

were

(^) ‘incredibly

(^) valuable

for (^) staff

(^) who

must

advise

commissions

and

non-expert

commissioners

who

deal

with

public

trust

issues

involving

Hawaiian

traditional

and

customary

rights,

water,

(^) natural

(^) and

(^) archaeological

(^) resources,

(^) and

(^) burials.’

“As

a voluntary

initiative,

the

course

has

been

very

successful

in

garnering

(^) positive

(^) praise

(^) for

(^) the

content

and

(^) quality

(^) of (^) its (^) subject

matter,

and one can

(^) only

(^) imagine

how many

(^) more

(^) people

might

(^) benefit from

this

course

by

making

the

program

a requirement

for

state

board

members,

council

members,

committee

members,

commission

members,

and

other

state

departmental

members.

Overwhelming

support

for

this

program

requirement

(^) has

(^) been

(^) seen

(^) at (^) both

(^) the

(^) State-level

and

at (^) the

(^) individual

and

community

(^) levels

(^) in (^) the

(^) testimonies

submitted

(^) to (^) the

(^) committees.

“For

(^) these

(^) reasons,

I

wholeheartedly

support

(^) this

(^) bill

(^) and

I

look

(^) forward

to (^) attending

(^) these

(^) courses.

I

hope

(^) my colleagues

(^) will

(^) take

(^) these

(^) clear

(^) facts

under

consideration

as

well

as

the

support

for

this

bill

on

both

the

community

(^) and State

(^) level.

As always,

I

stand

(^) ready

(^) and

remain

(^) available

to assist

in further

refinement

of (^) the

underlying

policy.

Thank

you,

Mr.

Speaker.” The

motion

(^) was

put (^) to (^) vote

by

the (^) Chair

(^) and

carried,

and

the

report

of

the

Committee

was

(^) adopted

and

RB.

No.

RD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

TRAINING,”

passed

(^) Third

Reading

(^) by

a

vote

(^) of (^49) (^) ayes,

(^) with

Representatives

Mar

(^) and

(^) Tokioka

(^) being

(^) excused.

Representative Luke,

for (^) the

(^) Committee

on

Finance,

(^) presented

a report

(Stand.

Com.

Rep.

No.

recommending

(^) that

H.B.

No.

HD

I,

as

amended

(^) in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

seconded

by

Representative

Evans

and

canied,

the

report

of (^) die

Committee

was

adopted

and

HR.

No.

(^) 393,

MD

entitled:

“A

BILL

FOR

AN

ACT RELATING

TO

HAWAIIAN

FISHPONDS,”

passed

Third

Reading

by

a vote

of

49

ayes,

with

Representatives

(^) Rar

(^) and

(^) Tokioka

(^) being

(^) excused.

At

10:

(^) o’clock

a.m.,

the

Chair

noted

that

the

following

bills

passed

Third

(^) Reading:

H.B.

(^) No.

HD

I

HR.

(^) No.

HD

HR.

(^) No.

HD

HR.

(^) No.

HD

H.B.

(^) No.

HD

HR.

(^) No.393,

HD

Representative Luke,

for

the (^) Committee

on

Finance,

(^) presented

a report

(Stand.

Coin.

Rep.

No.

recommending

that

H.B.

No.

HD

I,

as

amended

(^) in (^) MD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

(^) Saiki,

seconded

(^) by

(^) Representative

(^) Evans

and

carried,

the

report

of (^) the

Committee

was

adopted

and

RB.

No.

RD

entitled:

“A

BILL

FOR

AN ACT RELATING

TO

EDUCATION,”

passed

Third

(^) Reading

(^) by

a vote

of (^50)

ayes,

(^) with

Representative

Creagan

being

(^) excused.

Representative Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a report

(Stand.

Com.

Rep.

No.

recommending

that

R.B.

No.

II,

RD

I,

as

amended

in (^) RD

(^) 2,

pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

seconded

by

Representative

(^) Evans

and

carried,

the

report

of (^) the

Committee

was

adopted

and

R.B.

No.

II,

RD

entitled:

“A

BILL

FOR

AN ACT

RELATING

TO

TEACHERS,”

passed

Third

Reading

(^) by

a vote

of (^50)

ayes,

(^) with

Representative

Creagan

being

(^) excused.

Representative

(^) Luke,

for

the (^) Committee

on

Finance,

presented

(^) a report

(Stand.

Corn.

Rep.

No.

recommending

that

H.B.

(^) No.

RD

I,

as

amended

in (^) HD

(^) 2,

pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

(^) seconded

by

Representative

(^) Evans

and

carried,

the (^) report

(^) of (^) the

(^) Committee

was

adopted

(^) and

RB.

No.

MD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

PUBLIC

EARLY

CRILDROOD EDUCATION,”

passed

Third

(^) Reading

(^) by

(^) a vote

of (^50) (^) ayes,

(^) with

(^) Representative

(^) Creagan being

(^) excused.

Representative

(^) Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a report

(Stand.

Com.

(^) Rep.

(^) No.

(^) 799)

(^) recommending

(^) that

(^) RB.

(^) No.

(^) as (^) amended

in MD

(^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

(^) seconded

by

Representative

Evans

and

carried,

(^) the

(^) report

(^) of (^) the

(^) Committee

was

adopted

(^) and

RB.

No.

MDI,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

EARLY

CHILDHOOD

EDUCATION,”

passed

Third

Reading

by

a vote

of

50

ayes,

(^) with

(^) Representative

(^) Creagan being

(^) excused.

Representative

(^) Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a report

(Stand.

Com.

Rep.

No.

recommending

(^) that

RB.

(^) No.

HD

t, as

amended

(^) in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by (^) Representative

Saiki,

(^) seconded

by

Representative

(^) Evans

and

carried,

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) was

adopted

and

R.B.

No.

RD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

PUBLIC

CHARTER

SCHOOLS,”

passed

(^) Third

(^) Reading

(^) by

a vote

(^) of (^50) (^) ayes,

(^) with

Representative

(^) Creagan

being

(^) excused.

Representative

Luke,

for (^) the

(^) Committee

(^) on

Finance,

presented

(^) a report

(Stand.

Com.

(^) Rep.

No.

recommending

(^) that

RB.

No.

RD

I,

(^) as

amended

(^) in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by (^) Representative

(^) Saiki,

(^) seconded

by

Representative

(^) Evans

and

carried,

the (^) report

(^) of (^) the

Committee

was

adopted

and

RB.

(^) No.

RD

entitled:

“A

BILL

FOR

AN

ACT RELATING

TO

EDUCATION,”

passed

Third

Reading

(^) by

(^) a (^) vote

(^) of (^50)

ayes,

with

Representative Creagan

being

(^) excused.

Representative

Luke,

for (^) the

Committee

(^) on

Finance,

(^) presented

(^) a report

(Stand.

(^) Com.

(^) Rep.

No.

(^) 804)

(^) recommending

(^) that

(^) RB.

(^) No.

(^) as (^) amended

in (^) HD

(^) I, (^) pass

(^) Third

(^) Reading.

On

motion

(^) by

(^) Representative

(^) Saiki,

seconded

by (^) Representative

(^) Evans

and

carried,

the (^) report

(^) of (^) the

Committee

(^) was

adopted

and

RB.

No.

HD

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

LOBBYING

CONTRIBUTIONS

AND

EXPENDITURES

STATEMENTS,”

passed

Third

Reading

by

a vote

of (^50)

ayes,

with

Representative

Creagan

being

excused. At

10:

o’clock

am.,

(^) the

Chair

noted

that

the

following

bills

passed

Third

(^) Reading:

H.B.No.

l0,HD

R.B.No.

II,RD

RB.

(^) No.

(^) 820,

MD

RB.

(^) No.

(^) 821,

MD

I

H.B.No.831,HD

ROUGH

DRAFT

HOUSE

JOURNAL

25TH

DAY

H.B.No.

HD

MB.

(^) No.

HD

I

At

10:

(^) o’clock

am.,

the

Chair

(^) declared

(^) a recess

(^) subject

(^) to the

(^) call

(^) of

the The House (^) Chair.

(^) of (^) Representatives reconvened

(^) at

10:

o’clock

(^) am.

LATE

INTRODUCTIONS

The

(^) following

(^) late

(^) introduction

(^) was

(^) made

(^) to the

(^) Members

(^) of (^) the

(^) House:

Representative

Hashem

introduced

5th

grade

students

of

Wilson

Elementary

School:

Robinique

Cacho,

Emmanuel

Correa,

Diamond

Decker,

Ian

Farm,

Lyrico

lihama,

Kristin

Kail,

Kaylee

Kodama,

Reece

Kosaki,

(^) Clara

(^) Kranz, Nathan

Leo,

(^) Shalae

Lutu-Thompson,

Elijah

(^) Martin,

Morgan

McKinney,

Logan

Miyasaki,

Shyloh

Morgan,

Codie

(^) Nakamura,

Nia

Nakashima,

Ethan

Nunn,

Izea

Nuuanu,

Bryce

Oshiro,

Meleana

Sekona,

(^) Tatiana Strongosky,

Kaili

(^) Takara,

Mokihana

(^) Tufono,

(^) Noa

(^) Uchida,

Noah

(^) Zane,

(^) Sarah

(^) Balbarino,

Sinn

Brennan,

(^) Maya

(^) Gabrielle

Chizer,

(^) Ethan

Farm,

Jacob

Fetterman,

Matthew

Frisbie, Kennedy

Hara,

Mandi

Haraga,

Genna

(^) Kaneshiro,

Kirra

Kawai,

Jackson

Keenan,

Isabelle

Kim, Kyla

(^) Lee,

Tanner

(^) Lee,

(^) Hannah

Lorenzo,

(^) Reyn

(^) Machida,

Noah

Matsumoto,

(^) Matthew

Nakama,

Avery

Oshimo,

Rye

Yeon

Park,

Levi

Scone,

Sonal

Sharma,

Michika

(^) Soma,

(^) Sakura

(^) Takahashi,

(^) Sionepaongo

(^) Taufa

(^) and

Riki

Watanabe;

teacher,

Mr.

Max

Kaneshiro,

and

educational

assistant,

Ms.

Georgiana

Ngirarsaol.

UNFINISHEDORDINARY CALENDAR

BUSINESS

Representative Luke,

for

the

Committee

(^) on

Finance,

(^) presented

a report

(Stand.

(^) Corn.

Rep.

No.

recommending

(^) that

H.B.

No.

MD

(^) as

amended

(^) in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the (^) Committee

(^) be (^) adopted,

and

that

H.B.

No.

HD

pass

Third

Reading.

seconded

by

Representative

(^) Evans.

Representative

(^) Tokioka

(^) rose to

(^) speak

(^) in (^) support

(^) of (^) the

(^) measure,

(^) stating:

“Mr.

Speaker,

in (^) strong

(^) support

(^) and

I’d

like

(^) to

insert

written

(^) comments

into

(^) the

(^) Journal.”

Representative

(^) Tokioka’s

(^) written

(^) remarks

(^) are

(^) as (^) follows:

“On

(^) Kauai,

(^) we

(^) have

many

(^) instances

(^) of (^) visitors’

personal

property

(^) being

stolen

from

their

vacation

rentals,

hotel

rooms,

and

rental

cars.

This

bill

gives

these

people

(^) the

opportunity

(^) to

testi~’

(^) in (^) a (^) video

(^) conference

without

incurring

(^) die

(^) significant

(^) expense

(^) of (^) coming

(^) back

(^) to

Hawaii

(^) to (^) testis’

(^) on

a

case.

In

many

cases,

the

value

of

the

property

stolen

is less

than

the

aggregate

(^) cost

(^) of (^) plane

(^) tickets,

(^) hotel rooms,

(^) and

(^) other

(^) necessary

(^) expenses

associated

(^) with

(^) returning

(^) to (^) Hawaii

(^) to (^) testify.

(^) In (^) many

(^) instances, the

(^) same

perpetrators

(^) steal

(^) from

(^) multiple victims,

(^) which

(^) creates

(^) a (^) bad

(^) impression

of

Kauai

and

Hawai’i

in

general.

These

tourists

are

then

less

likely

to

recommend

vacations

and

attractions

in

Rawai’i,

and

more

likely

to

cornplain

to others

about

(^) their

(^) experience,

making

(^) not

(^) only

(^) the

victim

(^) but

also

(^) their

(^) entire

(^) network

(^) of (^) family

(^) and

(^) friends

(^) less

(^) likely

(^) to (^) visit

(^) Rawai’i

(^) in

the “This (^) future.

bill

would

not

only

deter

criminals

from

targeting tourists,

thus

reducing

(^) the

(^) frequency

(^) of (^) these

(^) negative

(^) experiences, but

(^) also

(^) give

(^) victims

the

opportunity

to

find

closure

through

the

judicial

process

without

spending

(^) thousands

(^) of (^) dollars

(^) to (^) return

(^) to

Rawai’i

to (^) testi~i.

It (^) is

for (^) these

reasons,

(^) I am

in strong

(^) support

(^) of (^) this

(^) bill.”

The

(^) motion

was

put (^) to

vote

(^) by

(^) the

(^) Chair

and

carried,

(^) and the

report

(^) of

the (^) Committee

was

adopted

(^) and

RB.

No.

RD

entitled:

“A

BILL

FOR

AN ACT

RELATING

TO

EVIDENCE,”

passed

(^) Third

(^) Reading

(^) by

(^) a

vote

(^) ofSl

(^) ayes.

Representative

Luke,

for (^) the

(^) Committee

on

Finance,

presented

a report

(Stand.

Corn.

Rep.

No.

recommending

that

MB.

No.

as

amended

(^) in (^) RD

I,

(^) pass

(^) Third

(^) Reading.

On

motion

(^) by

(^) Representative

Saiki,

seconded

by

Representative

Evans

and

(^) carried,

the (^) report

of (^) the

(^) Committee

(^) was

adopted

and

RB.

No.

HD

entitled:

“A

BILL

FOR

AN

ACT

PROPOSING

AN

AMENDMENT

TO

ARTICLE

VII,

SECTION

OF

TRE

HAWAII

CONSTITUTION,

TO

AMEND

THE

TIMING

OF

MATURATION

FOR

GENERAL

OBLIGATION

BONDS,”

passed

(^) Third

(^) Reading

by

a vote

(^) of

Representative Luke,ayes.

for (^) the

(^) Committee

on (^) Finance,

presented

(^) a (^) report

(Stand.

(^) Com.

(^) Rep.

(^) No.

recommending

(^) that

R.B.

No.

RD

(^) as

amended

(^) in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

(^) by

(^) Representative

Saiki,

seconded

by

Representative

(^) Evans

and

(^) carried,

the (^) report

(^) of (^) the

(^) Committee

(^) was

adopted

and

H.B.

No.

RD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

CAMPAIGN

SPENDING,”

(^) passed

(^) Third

(^) Reading

(^) by (^) a (^) vote

(^) of (^) SI

ayes.

Representative Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a report

(Stand.

(^) Com.

(^) Rep.

No.

(^) 810)

(^) recommending

(^) that

R.B.

No.

(^) 966,

HD

I

pass

Third

(^) Reading.

Representative Saiki moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

H.B.

No.

RD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

Aquino

rose

to disclose

a potential

conflict

of (^) interest,

stating: “I request

a ruling

on (^) a potential

conflict.

I

work

for

a nonprofit,”

and

the (^) Chair

(^) mled,

(^) “no

(^) conflict.”

The

(^) motion

was

(^) put

(^) to

vote

(^) by

(^) the

Chair

(^) and

carried,

and

the

report

(^) of

the

Committee

(^) was

adopted

(^) and

MB.

No.

RD

I,

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

SECTION

HAWAII

REVISED

STATUTES,”

(^) passed

(^) Third

(^) Reading

(^) by (^) a (^) vote

(^) of (^) SI

ayes.

Representative Luke,

for (^) the

(^) Committee

on

Finance,

presented

(^) a (^) report

(Stand.

(^) Corn.

(^) Rep.

(^) No.

(^) 811)

(^) recommending

(^) that

R.B.

No. 26,

(^) as (^) amended

in (^) RD

(^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

H.B.

No.

MD

I

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) Jordan

rose

and

asked

(^) that

the (^) Clerk

(^) record

an (^) aye

vote

with

(^) reservations

(^) for

(^) her,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

carried,

and

the

report

of

HD

I,

entitled:

“A

BILL

COMPENSATION

OF

vote

of

SI

ayes,

with

Representative Luke,

for (^) the

Committee

on

Finance,

(^) presented

a report

(Stand. Corn.

Rep.

No.

recommending

(^) that

HR.

No.

MDI,

as

amended

(^) in

RD (^) 2, (^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

H.B.

No.

RD

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) Ward

rose

and

asked

(^) that

the (^) Clerk

(^) record

an aye

vote

with

(^) reservations

(^) for

(^) him,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

Fukumoto

(^) Chang

rose

to

speak

in

support

of

the

measure,

(^) stating:

“Thank

(^) you,

(^) Mr.

(^) Speaker.

(^) Reservations.

(^) And

(^) my

(^) only

(^) reservations

(^) really

on

this (^) arejust

(^) that

(^) the

(^) voter

(^) service

(^) centers,

I

want

(^) to

make

(^) sure

(^) that

(^) there

ROUGH

DRAFT

The

(^) motion

was

(^) put

(^) to

vote

by (^) the

Chair

and

the

Committee

was

adopted

and

MB.

No.

FOR

AN

ACT

RELATING

TO

THE

TRUSTEES,”

passed

Third

Reading

by

a

Representative

(^) Jordan

(^) voting

(^) aye

(^) with

(^) reservations.

HOUSE

JOURNAL

25TH DAY

RB.

(^) No.

HD

H.B.

(^) No.346,

RD

HE.

(^) No.376,

RD

H.B.

No.

401,

(^) ND

(^2)

HE.

No.

612,

(^) HD

HE.

No.

HD

I

HE.

No.

RD

Representative Luke,

for

the

Committee

(^) on

Finance,

(^) presented

a report

(Stand.

Corn.

Rep.

No.

(^) recommending

(^) that

I-LB.

No.

RD

I,

as

amended

(^) in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

H.B.

No.

ND

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

Ward

rose

to speak

in support

of (^) the

measure

with

reservations, stating: “Mr.

Speaker,

with

reservations,

please.

Brief

(^) comment.

Mr.

Speaker,

I

think

(^) this

(^) is (^) good

(^) for

(^) veterans,

(^) and

(^) as (^) a (^) veteran

(^) this

is (^) terrific.

However, it

looks

as

though

the

spouses

and

the

children

are

being

pushed

aside,

because

they

kind

of (^) get

the

scraps

left

over

for

whatever

otherwise

is

designated to

(^) the

(^) veteran.

(^) Because

(^) of (^) that,

I

think

(^) it (^) could

(^) be (^) tweaked

(^) and

be (^) a (^) bit

(^) better

(^) than

(^) it (^) is. (^) Thank

(^) you.”

Representative

(^) Fukumoto

(^) Chang

rose

to disclose

a potential

conflict

(^) of

interest,

(^) stating:

“Thank

you,

Mr.

Speaker.

In support.

I

just

would

like

to

request

a

ruling

on

a potential

conflict.

My

husband

receives

disability

benefits.

Thank

(^) you,”

(^) and

(^) the

(^) Chair

(^) ruled,

“no (^) conflict.”

Representative

LoPresti

rose

to speak

in support

(^) of (^) the

measure

with

reservations, stating: “Reservations

and (^) brief

(^) comments.

(^) I’m

(^) concerned.

I

support

(^) the

intent

(^) of

the

bill,

but

I’m

concerned that

spouses,

the (^) sacrifices

made

by

veterans’

families

isn’t

(^) just

by

the

veteran,

him

or herself,

but

by

their families

as

well,

(^) and

I

think

(^) they’re

(^) entitled

(^) to

a portion

of (^) that

if (^) things

(^) go

(^) awry

(^) later

on in

(^) their

(^) lives.

Thank

(^) you.”

Representative

McDermott

rose

to speak

in opposition

to the

measure,

stating: “Mr.

Speaker, I’m

(^) going

(^) to (^) vote

(^) no (^) on

that,

(^) and

(^) the reason

(^) is

to (^) ampli~’

what

the

previous

two

speakers

said.

The

spouse

is at home

while

the

veteran

is away,

and

if (^) they’re

together

(^) for

say (^20)

years,

that

spouse,

in

most

(^) cases

(^) it’s

(^) the

(^) female,

(^) has

(^) earned

(^) just

(^) as (^) much

(^) of (^) that pension,

(^) whether

its (^) disability

(^) from

PTSD

(^) or (^) anything

(^) else,

(^) as (^) the

(^) veteran

(^) himself.

So (^) this

(^) is

unfair

(^) to them,

(^) and

(^) that’s

(^) why

(^) I’m

(^) going

(^) to vote

(^) no.”

Representative

(^) San

(^) Buenaventura

(^) rose,

(^) stating:

“Mr.

Speaker,

as a family

law

(^) attorney

I

want

to inform

(^) prior

(^) speakers

that

(^) the

(^) disability

(^) benefits

(^) are

(^) already

(^) subject

(^) to (^) spousal

(^) and

(^) child

(^) support.

They

(^) already

(^) have

(^) a (^) car

(^) bought

(^) for

(^) them,

and

(^) so

this

bill

does

(^) not

(^) prevent

them

(^) from

(^) getting

(^) any

(^) less

(^) than

(^) what

(^) they’re

(^) entitled

(^) to. (^) Thank you.”

The

(^) motion

(^) was

put (^) to (^) vote

(^) by

(^) the

(^) Chair

and

carried,

(^) and

(^) the

report

of

the

Committee

was

(^) adopted

and

NB.

No.

RD

(^) entitled:

“A

BILL

FOR

AN ACT

RELATING

TO

VETERANS

DISABILITY

BENEFITS,”

passed

(^) Third

(^) Reading

(^) by

a vote

(^) of (^49) (^) ayes

(^) to (^) 2 noes,

(^) with

(^) Representatives

LoPresti

(^) and

(^) Ward

(^) voting

aye (^) with

(^) reservations,

(^) and

(^) with

(^) Representatives

McDermott

(^) and

(^) Pouha

(^) voting

(^) no.

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(Stand.

Corn.

Rep.

No.

recommending

that

HR.

No.

HD

I,

(^) as (^) amended

(^) in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

RB.

No.

RD

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

Choy

rose

to

speak

in

support

of

the

measure

with

reservations, stating: “Mr.

Speaker,

reservations.

This

(^) is

avery,

very complicated

(^) bill,

and

it

may take

some

(^) financial

planning

and

(^) estate

planning

(^) options

away

from

me,

(^) so (^) I’d (^) like

(^) to (^) study this

(^) bill

(^) a (^) little

(^) bit

(^) more

(^) and

(^) be (^) with

(^) reservations

(^) for

right

(^) now.

Thank

(^) you.”

Representative

(^) Har

(^) rose

(^) and asked

(^) that

(^) the

(^) Clerk

(^) record

(^) an (^) aye

(^) vote

(^) with

reservations

(^) for

(^) her,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Oshiro

(^) rose and

(^) asked

that

the (^) Clerk

record

(^) an

aye (^) vote

with

(^) reservations

(^) for

(^) him,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

(^) Tokioka

(^) rose

and asked

(^) that

(^) the

(^) Clerk

(^) record

(^) an (^) aye

(^) vote

with

(^) reservations

(^) for

(^) him,

(^) and

(^) the

(^) Chair

(^) “so

(^) ordered.”

Representative

Jordan

rosé

to

speak

in support

of the

measure

with

reservations, stating: “I (^) too,

along

with

(^) the

Representative

from

Manoa,

(^) have

reservations

(^) on

this

(^) measure.

(^) Thank

(^) you,

(^) Mr.

(^) Speaker.”

Representative

San

Buenaventura

rose

to

speak

in

support

of

the

measure,

stating:

“Mr.

Speaker,

thank

(^) you.

As

a general

practice

(^) attorney who

also does

probate

(^) law,

as I pointed

out (^) earlier, this

(^) bill

(^) helps

people.

Right

(^) now,

(^) the

partition

(^) action

(^) only

(^) allows

for (^) two

types

of (^) partitions,

that’s

(^) partition

by

kind

or

partition

by

sale.

Partition

by

kind

is problematic

because

it

requires

zoning

changes

and

rarely

is used.

Partition

by

sale

is usually

what’s

being

used,

which

means

an automatic

auction

at (^) pennies

on

the

dollar. “So

the

problem

I

see

as a solo

practitioner,

is I see

like

a 100

acre

Kalapana

property

with

over

IOU

heirs,

and

they’re

basically

given

like

pennies,

(^) or (^) they

(^) have

(^) no

(^) probate

(^) at (^) all.

(^) This

(^) bill

helps those

(^) people

(^) because

it (^) gives

the (^) discretion

to (^) the

court

to partition

it withoot

(^) the

requirements

of (^) a (^) partition

(^) by (^) sale

(^) or (^) partition

by (^) kind,

(^) and

(^) it (^) requires

(^) an (^) appraisal,

and

it (^) requires

fair (^) market

(^) values

(^) for

(^) those

(^) heirs,

(^) Thank

(^) you.’

Representative

(^) Oshiro

(^) rose,

(^) stating:

“Mr.

Speaker,

given

the

remarks

of the

Representative

from

the

Big

Island,

Puna,

I

will

withdraw

(^) my

reservations,

I’ll

be voting

straight

(^) up.

Thank

(^) you.”

Representative

(^) Choy

(^) rose

(^) to (^) respond,

(^) stating:

“Just

(^) a (^) brief

(^) rebuttal.

(^) This

(^) bill

(^) forces

(^) a (^) partition,

(^) and

that’s,

I

guess,

(^) that’s

my (^) great

(^) concern.

(^) Thank you.”

The

(^) motion

(^) was

(^) put

(^) to (^) vote

(^) by

(^) the

(^) Chair

and

carried,

(^) and

(^) the

(^) report

of

the

Committee

was

(^) adopted

and

HE.

No.

HO

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

PARTITION

OF

REIRS

PROPERTY,”

passed

Third

Reading

by

a vote

of (^) SI

ayes,

with

Representatives

Choy,

Har,

(^) Jordan

(^) and

(^) Tokioka

(^) voting

(^) aye

(^) with

(^) reservations.

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(^) (Stand.

Com.

Rep.

No.

recommending

(^) that

R.B.

No.

as

amended

in (^) I-ID

(^) 1, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

seconded

by

Representative

Evans

and

carried,

the (^) report

(^) of (^) the

(^) Committee

was

adopted

and

RB.

No.

RD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

LOW-SPEED

ELECTRIC

BICYCLES,”

(^) passed

(^) Third

(^) Reading

(^) by (^) a (^) vote

(^) of (^) SI

ayes.

ROUGH

DRAFT

HOUSE

JOURNAL

— 25TH

DAY

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(Stand.

Corn.

Rep.

No.

recommending

that

HR.

No.

RD

I,

(^) as (^) amended

in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by (^) Representative

Saiki,

seconded

by

Representative

Evans

and

carried,

the

report

of (^) the

Committee

was

adopted

and

H.B.

No.

RD

entitled:

“A

BILL

FOR

AN

ACT

RELATING

TO

DOMESTIC

VIOLENCE,”

(^) passed

(^) Third

(^) Reading by

(^) a (^) vote

(^) ofSl

ayes.

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(Stand.

Corn.

Rep.

No.

recommending

that

RB.

No.

HD

I,

(^) as (^) amended

in (^) HD

(^) 2, (^) pass

(^) Third

(^) Reading.

Representative

(^) Saiki

(^) moved

(^) that

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) be (^) adopted,

and

that

RB.

No.

HD

pass

Third

Reading,

seconded

by

Representative

(^) Evans.

Representative

(^) Tokioka

rose

(^) to (^) disclose

(^) a potential

conflict

of (^) interest,

stating: “Mr.

Speaker,

I’d

like

(^) to ask

(^) for

(^) a (^) ruling

(^) on

a potential

conflict,

My (^) son

is dea~

(^) and

(^) this

(^) bill

that

I

introduced

(^) helps

deaf

(^) people

understand

what’s

going

(^) on (^) at (^) the

(^) movies,”

and the

(^) Chair

(^) ruled,

(^) “no

(^) conflict.”

Representative

(^) Tokioka

continued

to speak

in support

of (^) the measure,

stating: “Thank

(^) you

(^) very

(^) much.

I’m (^) in (^) strong

(^) support,

(^) and

(^) I’d (^) like

(^) to (^) ask

(^) to (^) insert

written

(^) comments

(^) into

(^) the

(^) Journal.

(^) Thank

(^) you

(^) very

(^) much.”

Representative

(^) Tokioka’s

(^) ‘vritten

(^) remarks

(^) are

(^) as (^) follows:

“There

are

over

one

million

functionally

deaf

persons

living

in the

United

States

right

now.

About

eight

million

people,

or

3.7%

of

the

population,

are

hard

of (^) hearing.

These

individuals

are

constituents.

They

are (^) our

(^) neighbors,

our

family

members,

and

our

friends

— (^) and

they

have

made

their

voices

heard

throughout

the

legislative

process

of (^) this

bill.

While

(^) movie

theaters

are

able

(^) to

comply

(^) with

ADA

standards

by

making

auxiliary

(^) aids

(^) available,

(^) the

(^) auxiliary

(^) aids

(^) currently

(^) supplied

(^) to (^) moviegoers

who

suffer from

hearing

loss

are

inadequate,

cumbersome,

and

detracts

from

the (^) movie-going

(^) experience.

For

(^) example,

closed

(^) captioning

(^) glasses

and

rear-window

captioning

allow

users

to view

captions,

but

can

also

cause

(^) headaches,

(^) motion

(^) sickness

(^) and

(^) nausea.

(^) Moreover,

(^) these

(^) devices

(^) are

conspicuous

and

make

their

users

feel

out

of (^) place,

making

them

more

reluctant

(^) to (^) attend

(^) movie

(^) screenings.

Open

(^) captioning

(^) does

(^) not

(^) require

(^) any

individualized

special

equipment,

does

not

cause

headache,

motion

sickness

or (^) nausea,

and

allows

deaf

(^) and

hard

of (^) hearing moviegoers

the

dignity

of (^) enjoying

movies

in the

same

way

as their

(^) hearing

peers.

By

increasing

accessibility

of (^) movie

theaters,

we’re

opening

the

doors

to a

large

(^) part

(^) of (^) mainstream

(^) American

culture

available

(^) to (^) the

(^) deaf

blind

and

hard

(^) of (^) hearing

(^) community.

“Some

may

(^) claim

(^) that

we (^) do

not

need

this

legislation

for (^) a couple

of

reasons.

The

(^) two

main

objections

that

have

(^) been

presented

to me

are (^) the

United

States

Department

of

Justice’s

Proposed

Federal

Regulation

amending

the

Americans

with

Disabilities

Act,

specifically

regarding

motion

picture

(^) theaters.

The

second,

a pending

(^) court

case

in the (^) State

(^) of,

Arizona. “Regarding

(^) the

first

(^) item;

(^) the

United

States

Department

of (^) Justice

is in

the

process

of (^) establishing

a Federal

Regulation

(FR)

relating

to movie

theaters.

In

August

the

Department

of

Justice

— Civil

Rights

Division,

published

a Notice

of

Proposed

Rulemaking

to

amend

the

Americans

With

Disabilities

Act

requiring

movie

theaters

to

provide

closed

movie

captioning

and

audio

descriptive

narration

to give

persons

with

hearing

and

vision

disabilities

greater

access

to

motion

pictures.

Currently,

the

ADA

only

requires

places

of

public

accommodations

(including

(^) movie

(^) theaters) to

(^) provide

(^) ‘auxiliary

(^) aids’

(^) to (^) ensure

(^) that

(^) persons

with

disabilities

are

not denied services,

(^) segregated,

or otherwise

treated

differently

(^) than

(^) other

(^) individuals.

(^) While

(^) the

current

ADA

(^) standard

(^) does

(^) in

fact

(^) list

(^) a (^) number

(^) of (^) permissible

(^) auxiliary

(^) aids,

(^) the

(^) overall

language

(^) in this

section

(^) is (^) vaguely

(^) worded

to the

(^) extent

(^) that

some theaters have

(^) been

able

to continue

business

as

usual

without

providing

closed

captioning

and

audio

description narration.

The new

proposed

FR

will

explicitly

require

movie

theaters

to (^) have

a specified number

of (^) audio

descriptive

narration

devices

(^) and

(^) closed

captioning

(^) devices

on (^) hand,

based

(^) on

the (^) size

(^) of (^) their

operation,

and

that

they

shall

make

these

devices

available

for

‘all

showings whenever

movies

are

produced,

distributed,

or othen,vise made

available

with

captioning

and

audio

description

unless

to

do

so

would

result

in an

undue

burden

or

fundamental

alteration’

of (^) the

goods

and

services

being

provided.

While

(^) the

new

proposed

FR,

if (^) and

when

it is

implemented,

will

be (^) more

(^) comprehensive

and

more

(^) enforceable

(^) than

(^) the

current

ADA

requirements,

however,

they

still

fall

woefully

short

of

providing

(^) an (^) ‘equal

(^) experience’

for (^) individuals

(^) in (^) the

(^) deat

(^) blind,

(^) and

(^) hard

of (^) hearing

(^) community.

“Secondly,

the

court

case

involving

closed

captioning

and

movie

theaters

accessibility

involves

a protracted

court

case

in the

State

of

Arizona.

In the

case

(^) of

(^) Arizona

v. Harkins

(^) Amusement

(^) Enterprises,

Inc.,

plaintiffs

Fredrick

Lindstrom

and

Larry

Wagner,

who

have

significant

hearing

and

vision

loss,

respectively,

brought

suit

against

Rarkins

Amusement

Enterprises

movie

theater

chain

for

neglecting

to

make

auxiliary

(^) aids

(^) available

(^) upon

(^) request.

(^) Arizona’s lower

(^) courts

initially

(^) ruled

in (^) favor

(^) of (^) Harkins

(^) Amusement,

(^) but the

(^) decision

(^) was then

(^) appealed

(^) to (^) the

9th

Circuit

Court

of (^) Appeals who overturned

the

previous

ruling

by (^) the

lower

(^) court

(^) (in

(^) part)

AND

(^) held

up the

(^) lower

(^) court’s

(^) ruling

(^) (in part),

(^) then

sent

(^) it (^) back

(^) to (^) Arizona

(^) District

(^) Court.

(^) In (^) the

(^) Court’s

(^) opinion,

(^) they

(^) believed

that

the

ADA

does,

in fact,

include

movie

theaters

as

a place

of (^) public

accommodation,

thus

would

require

movie

theaters

to make

reasonable

accommodations

(^) for

individuals

with

disabilities

(^) including

making

(^) closed

captioning

(^) and

descriptive

narration

(^) devices

available

for public

(^) use.

This

decision, however,

has

been

in limbo

(^) since 2010

and the

(^) Court

(^) has

(^) given

no (^) indication

(^) that

(^) this

(^) case

(^) will

(^) be (^) resolved

in (^) the

(^) near

(^) friture.

“Yes,

the

United

States

Department

of

Justice

will

be

rolling

out

a

Federal

Regulation

regarding

the

specifically

relating

to movie

theaters,

and

(^) yes,

(^) there

(^) is (^) a (^) lawsuit

in (^) the

(^) court

(^) system

(^) also

(^) relating

(^) to (^) captioning

(^) in

movie

theaters.

These

two

items,

however,

have

no

implementation

date

and

have

been

‘in

the

works’

for

a number

(^) of (^) years

now.

These

(^) ‘reasons’

should not preclude

us from

taking

action

now,

putting

Hawaii

ahead

of

the

curve

in (^) this

respect.

In 1974,

Rawai’i

was the

first

(^) of (^) all

50 (^) states

to

enact

employer

paid

health

care

coverage.

At

that

time,

we

were

considered

the

‘gold

standard’

and

the

model

by

which

many

states

mirrored

their

own

programs

afler.

Additionally,

the

justification

or

rationale

(^) for

(^) taking

(^) no (^) action

(^) on

(^) our

(^) part

(^) because

(^) of (^) possible action

(^) on (^) the

part

of (^) others

is illogical.

A

change

in Federal

standards

DOES

NOT

preclude

us

from

enacting

related

state

legislation

that

is

more

comprehensive

and

Hawaii-specific

(^) to (^) address

increased

(^) accessibility

(^) to (^) a

sizeable

number

of (^) individuals

whom

have thus

far

been

excluded

from

enjoying

(^) what

many

of (^) us

take

for

granted.

It is for (^) these reasons

that

I

stand

(^) in (^) strong

(^) support

(^) of (^) HB

RD2.”

The

(^) motion

(^) was

(^) put

(^) to vote

(^) by

(^) the

(^) Chair

(^) and

carried,

and

the (^) report

of

the (^) Committee

(^) was

(^) adopted

and

(^) RB.

(^) No.

HD2,

(^) entitled:

‘A

BILL

FOR

AN

ACT

RELATING

TO

MOVIE

THEATERS,”

passed

Third

Reading

(^) by (^) a (^) vote

(^) of (^51)

ayes.

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(Stand.

Corn.

Rep.

No.

recommending

that

HR.

No.

RD

l,as

(^) amended

(^) in (^) RD

(^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

by

Representative

Saiki,

seconded

by

Representative

Evans

and

carried,

the

report

(^) of (^) the

(^) Committee

was

(^) adopted

and

R.B.

No.

RD

entitled:

“A

BILL

FOR

AN

ACT RELATING

TO

BULLYING,”

passed

Third

Reading

by

a vote

(^) of (^50)

ayes

(^) to

I no,

with

Representative

McDermott

(^) voting

(^) no.

Representative

Rhoads,

for

the

Committee

on

Judiciary,

presented

a

report

(Stand.

Com.

Rep.

No.

recommending

that

R.B.

No.

HD

(^) as (^) amended

(^) in

RD (^) 2, (^) pass

(^) Third

(^) Reading.

On

motion

(^) by

Representative

Saiki,

(^) seconded

by

Representative

(^) Evans

and

carried,

(^) the

(^) report

(^) of (^) the

(^) Committee

(^) was

adopted

and

(^) RB.

No.

RD

entitled:

“A

BILL

FOR

AN ACT

RELATING

TO

THE

HAWAII

PUBLIC

HOUSING

AUTHORITY,”

passed

(^) Third

Reading

by

a vote

of

ayes.

ROUGH

DRAFT