Senate Floor
- Ron Kouchi
Legislator
Will the Senate please come to order? Madam Clerk, please call the roll.
- Committee Secretary
Person
Senator Aquino. Senator Awa. Senator Chang. Senator DeCoite. Senator Decort. Here. Senator Dela Cruz. Senator Elefante.
- Committee Secretary
Person
Senator Favella. Senator Fukunaga. Senator Gabbard. Senator Hashimoto. Senator Ihara. Present. Senator Inouye. Present. Senator Kanuha. Senator Keohokalole. Senator Kidani. Senator Kim. Senator Lee. Senator McKelvey. Senator Moriwaki. Present. Senator Rhodes. Senator Richards. Here. Senator San Buenaventura. Senator Wakai. Mr. President. President. All 25 Members are present.
- Committee Secretary
Person
Thank you. The chair has read the journal of the preceding day and approves the same. Are there any introductions this morning, Senator Rhodes?
- Karl Rhoads
Legislator
Thank you, Mr. President. Long list of introductions today. As you can see, the gallery is pretty full. I just want to welcome every Town for and Moms Demand Action. Sorry. Every Town for Gun Safety and Moms Demand Action are here. I think most of you are behind me. If you'd like to stand, be recognized.
- Karl Rhoads
Legislator
Also wanted to recognize Sarah Sumadi, the Director of Government affairs of Western Regions for Everytown for Gun Safety Safety Action Fund. I think you're here somewhere. Maybe not. Oh yeah. Please stand and be recognized. Thank you.
- Karl Rhoads
Legislator
Also Chris Marvin, the national veteran, head for Everytown for Gun Safety, former Army officer and combat wounded veteran of the Afghanistan War, and a constituent of mine as well. Chris Marvin, are you here? Welcome to the Senate. And I know that many of you are here to express opposition to the gun bill that I'm the introducer of.
- Karl Rhoads
Legislator
So if you're all here, please stand. If you're not standing already. And welcome to the Senate. I appreciate your presence. Also, I believe that Chief Justice Rectinwald is here. If you could stand.
- Karl Rhoads
Legislator
Deputy Court Administrator Dalen Rose, Heather and Brandon Kimura, Director of the Policy and Policy and Planning at Judiciary as well, who's already standing up there at the top of the stairway. Finally. I know there are many judges here. I can't see you all, but please stand and be recognized before we get started. Mahalo. Thank you, Mr. President.
- Committee Secretary
Person
House communication number 817 informs the Senate that the House made changes to conferees to various bills. House communication numbers 818 and 820 informed the Senate that various bills passed final reading in the House.
- Committee Secretary
Person
And house communication number 819 informs the Senate that the House agreed to the amendments made by the Senate to various House Concurrent Resolutions and that said resolutions were adopted filed beginning on page six. Standing Committee report numbers, 2010 to 2013 for one day notice, so order starting on page eight.
- Ron Kouchi
Legislator
Advise and consent. If there are no objections from the Members, we will be taking advice and. Consent on consent on pages 8 and 9.
- Committee Secretary
Person
Standing Committee Report Numbers 2001-2003 on Governor's Messages for adoption.
- Ron Kouchi
Legislator
Is there any discussion? Not do we have unanimous. Senator Gabbard, did you have discussion?
- Mike Gabbard
Legislator
Yes, Mr. President, colleagues, and guests and staff, I rise in support of GM 697 in consideration.
- Mike Gabbard
Legislator
Mr. President, I rise in support of GM 697 in consideration and confirmation of Dean Matsukawa as the Deputy to the Chairperson of the Hawaii Department of Agriculture. Colleagues, Dean has over 30 years of experience in agricultural finance and a deep background in farming. He combines his financial expertise with first hand knowledge of Hawaii's agricultural landscape.
- Mike Gabbard
Legislator
As Agricultural Loan Administrator for the Hawaii Department of Agriculture Loan Program, he grew $17 million to $26 million in loans supporting local farmers. Dean played a key role in modernizing loan systems, expanding access to capital for farmers statewide, and crafting legislation to strengthen the industry.
- Mike Gabbard
Legislator
Raised on his family's farm in Waihole Valley, Dean brings a lifetime of connection to the land. He was in the sixth class to graduate from the Agricultural Leadership Foundation of Hawaii. His contributions have earned him multiple honors including the Department's Manager of the Year Award.
- Mike Gabbard
Legislator
He's been President of the East Oahu County Farm Bureau and President of the Kona County Farm Bureau. Dean is joined by his wife and better half, Anna Matsukawa, who's been by his side through the many seasons of this journey. So, we mahalo her too because we know this work is never done alone.
- Mike Gabbard
Legislator
There they are. Colleagues, I ask you to join me in supporting GM 697 and I also have GM 532. I'd also like to take a moment to recognize Nicholas Testa who unfortunately couldn't be here today. Nick will serve as a Member of the Advisory Committee on Pesticides through June 30th, 2028.
- Mike Gabbard
Legislator
He currently serves as Special Services Manager at Aloha Termite where he leads efforts to combat invasive species like the coconut rhinoceros beetle and little fire ants. He's also a trainer and safety officer with a strong foundation in pesticide education and structural pest management.
- Mike Gabbard
Legislator
So, we mahalo Nick for stepping up to bring his boots on the ground experience to the table. Mahalo.
- Ron Kouchi
Legislator
Thank you. Any further discussion? If not, do we have unanimous consent? Any reservations? Any no votes? The nominees. Senator Awa.
- Ron Kouchi
Legislator
So noted. Any other no votes? If not the nominees for respective governors messages have been confirmed with the one no vote for Senator Awa.
- Committee Secretary
Person
On page nine. Standing Committee report number 2004 on governor's message number 790. Karen T. Nakasone, Gubernatorial Appointee to the Intermediate Court of Appeals for adoption.
- Karl Rhoads
Legislator
Thank you, Mr. President. I rise in support of Governor's message number 790.
- Karl Rhoads
Legislator
Thank you. Members, this is the third appearance by Judge Karen Nakasone before this body seeking confirmation to a judgeship. She was first confirmed in 2011 to the circuit court by unanimous vote. After nine years on the Circuit Court bench, she was elevated to the Intermediate Court of Appeals again by unanimous vote.
- Karl Rhoads
Legislator
Now Judge Nakasone has been appointed to the position of Chief Justice of the Intermediate Court of Appeals to succeed the Honorable Lisa Canoza, who is elevated to the Supreme Court. Judge Nakasone received a Bachelor of Arts degree in Political Science from Bryn Mawr College in Pennsylvania.
- Karl Rhoads
Legislator
She received her US Doctorate from the Boston University School of Law, where she was the Vice President of the National Asian Pacific American Law Students Association and President of the University's Asian Pacific American Law Studies Association. Judge Nakasone has been licensed to practice law in the state since 1995. Judge Nakasone has dedicated her work to public service.
- Karl Rhoads
Legislator
Before law school she interned with US Representative Patsy T. Mink, and during law school she interned at the Hawaii Attorney General's Office. Her legal career began in 1995 by clerking for Judge Simeon R. Okoa Jr. Who sat on the ICA at the time.
- Karl Rhoads
Legislator
She then worked as Deputy Public Defender for the Office of Public Defender for 15 years before joining the bench. It is somewhat unusual that over the span of 14 years, the Senate will have had three opportunities to review and comment on a judge's performance and qualifications.
- Karl Rhoads
Legislator
Judge Nakasone has shown herself to be a skillful and hard working judge. She is aware of the requirements of the position and the challenge is leading a court that has repeatedly suffered from long backlogs.
- Karl Rhoads
Legislator
Her approach is to be steadfast and complete the task at hand, and she has set her sights on further decreasing the times of Appeals to the ICA. Approximately 100 individuals attested to her qualifications for the Chief Judge position.
- Karl Rhoads
Legislator
This included several retired judges whom she appeared before or worked with on the bench and the two governors who appointed her. Previously a Member of Hawaii's Congressional team and numerous other Members of the legal community also supported her.
- Karl Rhoads
Legislator
After having reviewed the testimony and other materials submitted to the Committee and having examined the appointee at a hearing, your judge, your Judiciary Committee finds that Karen T. Nakasone is qualified to serve as the Chief Judge of the Intermediate Court of Appeals and recommends that the Senate consent to the appointment. Mahalo.
- Ron Kouchi
Legislator
Thank you. Is there any further discussion? If not, do we have unanimous consent? Any reservations? Any. No votes? 25 ayes. Thank you. Guarantee. Nakasone has been confirmed as judge for the Intermediate Court of Appeals. Senator Rose. And Senator Rose, let me just correct that before I confirm this. Chief Judge of the Intermediate Court of Appeals, Senator Rhodes.
- Karl Rhoads
Legislator
Thank you, Mr. President. I'm pleased to introduce our new ICA Chief Judge Karen Nakasone. Please stand and be recognized. Judge Nakasone. Chief Judge Nakasone would like to recognize several people. If you are here in the gallery, please stand and be recognized. The judge's spouse, Roman Amiguin. No, not here. Today.
- Karl Rhoads
Legislator
Their daughters, Abby Nakasone Ameguin, watching from Japan, and Ellie Nakasone Amiguin, watching from Italy. Her mother, Checo Nakasoni. Welcome to Senate. Her sister, Nancy Tolentino, and all of the judges and staff of the Intermediate Court of Appeals. If you're here, mahalo.
- Ron Kouchi
Legislator
Now, before moving on, it is our, I guess, procedure to recess. Invite the judicial nominee who has now been confirmed to come to the floor so that the Members of the Senate may greet individually, congratulate, and have a photo with you. We have four more judges to confirm which we're going to go through.
- Ron Kouchi
Legislator
And unusually, this is the second last day of session for. For this Legislature, and we have several floor amendments that need to sit 48 hours before we can reconvene on Friday. So I'm going to ask the judges and their friends and family to be patient.
- Ron Kouchi
Legislator
After they are all voted on, we are going to vote on the state budget and several floor amendments. When we conclude the floor amendments, we will recess and invite the judges and those who are with them to come to the floor. After we congratulate them, we will resume our regular calendar and conclude the votes.
- Committee Secretary
Person
Standing Committee Report number 2005, on Governor's message number 788. Karen L. Holma, Gubernatorial appointee to the Circuit Court of the First Circuit for adoption.
- Stanley Chang
Legislator
Judge Karen Holma has been one of Oahu's District Court judges since 2020. She has presided over approximately 50 civil and criminal trials in district court, including landlord-tenant, breach of contract, and collection cases, on the civil side, criminal misdemeanors and petty misdemeanor cases, as well as traffic and mental health court cases.
- Stanley Chang
Legislator
During her time on the bench, Judge Holma advanced and was assigned as the Lead Civil Judge in District Court for a year.
- Stanley Chang
Legislator
Then, for the past 14 months, she has been temporarily assigned to Circuit Court, the position she now seeks, where she has handled a range of circuit court civil cases, including breach of contract, business disputes, foreclosure, personal injury, negligence, toxic torts, homeowners association, employment, condemnation, and probate cases.
- Stanley Chang
Legislator
Judge Holma was in private practice before becoming a judge, handling commercial litigation cases, including consulting, construction, real estate litigation, and business partnership disputes. She worked at Bayes, Lung, Rose and Holma for more than 25 years, where she was a name and managing partner by the time she left.
- Stanley Chang
Legislator
During that time, she held leadership positions in the Hawaii State Bar Association, Building Industry Association of Hawaii, and as a member of the Planning Commission for the City and County of Honolulu.
- Stanley Chang
Legislator
Judge Holma also worked for a brief period as an Assistant Deputy Attorney General for the Labor Division, the Department of the Attorney General, and was a law Clerk for Associate Justice, Ronald TY Moon, on the Hawaii Supreme Court. Judge Holma received a Bachelor of Arts degree in Business Administration from Lewis and Clark College in Portland, Oregon.
- Stanley Chang
Legislator
She received her Juris Doctor from the Willamette University College of Law in Salem, Oregon, where she was a Member of the Moot Court Board and an Associate Editor for the Willamette Law Review. Judge Holma has been licensed to practice law in the State of Hawaii since 1990.
- Stanley Chang
Legislator
After having reviewed the testimony, the vast majority of which was in support of the appointment and other materials submitted to the Committee and having examined the appointee in a hearing, your Judiciary Committee finds that Karen L. Holma is qualified to serve as Circuit Court Judge of the Circuit Court of the First Circuit and recommends that the Senate contentāconsentāto the appointment.
- Ron Kouchi
Legislator
Thank you. Any further discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Ron Kouchi
Legislator
Thank you. Karen L. Holma has been confirmed as Judge for the Circuit Court of the First Circuit. Senator Chang.
- Stanley Chang
Legislator
Thank you, Mr. President. I'm pleased to introduce our new Circuit Court Judge for Oahu, Karen Holma. Judge, please stand and be recognized. Judge Holma would like to recognize her family. If you are here in the gallery, please stand and be recognized. The judge's husband, Scotty Anderson, and the judge's family watching from the mainland, including her mother. Mahalo.
- Committee Secretary
Person
Standing Committee report number 2006 on governor's message number 789. Taryn R. Tomasa Gifford, Gubernatorial appointee to the Circuit court of the first circuit for adoption.
- Mike Gabbard
Legislator
Mr. President, I rise in support of governor's message. Number 789. Please proceed. Taryn R. Tomasso Gifford, known professionally as Taryn Tomassa, has committed her legal practice to public service. Since 2003, she has worked at the Office of the Public Defender, providing legal representation for indigent individuals in bench and jury trials, administrative hearings, and at the appellate level.
- Mike Gabbard
Legislator
Ms. Damasa currently is a supervising attorney overseeing and training attorneys and staff in the District Court and appellate sections. She is also a Member of the Office's legislative team. Before working at the Office of The public defender, Ms. Tommaso was a law Clerk for Judge John S.W.
- Mike Gabbard
Legislator
Lim while he was both a Circuit Court judge and then an appellate court judge. She also worked for a year at the law firm of Perkin and Faria, where she appeared in family and probate court. Prior to becoming a lawyer, Ms. Tomasa worked as a paralegal and advocate for AmeriCorps, assisting victims of domestic violence. Ms.
- Mike Gabbard
Legislator
Tomasa attended the University of Hawaii at Manoa, where she received a Bachelor of Arts degree History and graduated with honors. She received her Juris Doctorate from the William S. Richardson School of Law at the University of Hawaii at Manoa.
- Mike Gabbard
Legislator
In law school, she received a Cali Award for Excellence for the Future Award for Intellectual Property and was co Editor of the Pacific Asian Law Journal. Ms. Tomasa has been licensed to practice law in the State of Hawaii since 1998.
- Mike Gabbard
Legislator
After having received reviewed the testimony which was all in support of the appointment and other materials submitted to the Committee and having examined the appointee in a hearing, your Judiciary Committee finds that Taran R.
- Mike Gabbard
Legislator
Tomasa Gifford is qualified to serve as Circuit Court Judge of the Circuit Court of the First Circuit and recommends that the Senate consent to the appointment.
- Ron Kouchi
Legislator
Thank you. Is there any further discussion? If not, do we have unanimous consent? Any reservations? Any? No votes?
- Ron Kouchi
Legislator
Thank you. Taran R. Tomasa Gifford has been confirmed as Judge for the Circuit court of the First Circuit. Senator Gabbard.
- Mike Gabbard
Legislator
I'm pleased to introduce our new Circuit Court Judge for Oahu Taryn Tomasa Gifford, to be professionally known as Taryn Tomasa. Judge, please stand and be recognized. Judge Tomasa would like to recognize several people, so if you're here in the gallery, please stand and be recognized.
- Mike Gabbard
Legislator
The Judge's husband, James, their sons Makhani in the gallery and Pono, who is watching from college. Is Makhani here? There he is. The judge's parents, are they here? There they are. Mom and dad. Aloha. And any other family in the gallery. And also watching from Arizona, if you'd please stand. There they are. Mahalo, Mr. President.
- Ron Kouchi
Legislator
Thank you. Now, I know after Judge Nakasone, I said we had four more judges to confirmed. We've done two and there are three of you sitting there. So I don't want one of you thinking you're not going to be voted on today. I made a mistake. We had five more.
- Ron Kouchi
Legislator
When we were done with Judge Nakasone and all three of you, we will be taking your vote up today. My apologies for miscounting, Madam Clerk.
- Committee Secretary
Person
Standing Committee Report number 2007 on Judiciary communication number 29, Maria F. Penn, Judicial Appointee to the District Family Court of the First Circuit for adoption.
- Stanley Chang
Legislator
Since 2022, Judge Penn has worked as a perdeem judge for the Family Court of the First Circuit. She regularly serves as a judge two to three days a week in all divisions of Family Court: Special Division, Juvenile Division, Domestic Division, and Family Court Criminal Matters.
- Stanley Chang
Legislator
Judge Penn is also a solo practitioner focusing on general litigation for both plaintiffs and defendants. She handles cases in a variety of legal areas, including contracts, construction, employment discrimination, wrongful termination, divorce, paternity, and temporary restraining orders. Judge Penn has assisted in criminal trials with jury selection and prepared and drafted various motions and memoranda.
- Stanley Chang
Legislator
Judge Penn's introduction to law was as a paralegal at the office of Miles S. Bryner, where she made the decision to go to law school. After receiving her law degree, she returned to the firm as an associate attorney and worked on various criminal defense, family law, and civil litigation cases.
- Stanley Chang
Legislator
Judge Penn is an active member of the legal community, having volunteered for courts in the community as the Head Coach for the Hawaii Baptist Academy Mock Trial Team and with the Judiciary's Family Court Kids First Program. Judge Penn attended the University of Southern California, where she received a Bachelor of Music degree in piano performance.
- Stanley Chang
Legislator
She received her Juris Doctor from the William S. Richardson School of Law at the University of Hawaii at Manoa. She has been licensed to practice law in the State of Hawaii since 2003.
- Stanley Chang
Legislator
After having reviewed the testimony, all of which was in support of the appointment, and other material submitted to the Committee, and having examined the appointee at a hearing, your Judiciary Committee finds that Maria F. Penn is qualified to serve as a District Family Court Judge of the First Circuit and recommends that the Senate consent to the appointment. Mahalo.
- Ron Kouchi
Legislator
Thank you. Any further discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Ron Kouchi
Legislator
Thank you. Maria F. Penn has been confirmed as Judge for the District Family Court of the First Circuit. Senator Chang.
- Stanley Chang
Legislator
Thank you, Mr. President. May I be permitted a late introduction?
- Stanley Chang
Legislator
I'm pleased to introduce our new District Family Court Judge for Oahu, Maria Penn. Judge, please stand and be recognized. Judge Penn would like to recognize several other people. If you are here in the gallery, please stand and be recognized.
- Stanley Chang
Legislator
The judge's husband, Jay Penn, the judge's mother, Nobuko Dumlao, her brother, Baldwin Dumlao, other family and friends present in person and watching online, her Family Court ohana, and her colleagues from the law office of Michael Green. Mahalo.
- Committee Secretary
Person
Standing CommitteeāStanding Committee Report number 2008 on Judiciary Communication number 30. Wilson A. Unga, judicial appointee to the District Family Court of the First Circuit for adoption.
- Ron Kouchi
Legislator
So, I apologize, Madam Clerk. I was informed by Senator Gabbard, who is going to speak on this, that the "g" is silent. It's Wilson "Una". Senator Gabbard, is there any discussion? Senator Gabbard.
- Mike Gabbard
Legislator
I rise in support of Judiciary communication number 30, Mr. President.
- Mike Gabbard
Legislator
Wilson Unga has committed his career to public service. Since 2013, he has worked as a Deputy Prosecuting Attorney for the Department of the Prosecuting Attorney of the City and County of Honolulu. He is currently the Department's Felony Trials Division Chief, and in that role, he supervises litigation and administrative activities for all felony prosecutors assigned to the division.
- Mike Gabbard
Legislator
Mr. Unga was previously a domestic violence felony team captain, overseeing the prosecution of felony domestic violence cases. Before working at the Department, Mr. Unga clerked for two years, first for Judge Edwin Nasino on the Circuit Court for the First Circuit, and then for Justice Richard Pollock at the Hawaii Supreme Court.
- Mike Gabbard
Legislator
Mr. Unga is also active in the legal community as a member of the Hawaii State Bar Association's Judicial Administration Committee and the Judiciary's Court Interpreters and Language Access Committee, and as a Board Member for the Pacific Islander Legal Association. Mr. Unga received a Bachelor's of Science degree in International Politics from Georgetown University, where he graduated cum laude.
- Mike Gabbard
Legislator
He also earned a Master of Business Administration degree from the Schidler College of Business at the University of Hawaii at Manoa, where he graduated cum laude and was the recipient of the Scheidler Department Merit Scholarship and Choo Jay Family Scholarship.
- Mike Gabbard
Legislator
Mr. Unga received his Juris Doctor from the William S. Richardson School of Law at UH Manoa, where he received the John S. Edmonds Award for excellence in legal writing, was a recipient of the Advocates for Public Interest Law Grant, and was Co-Editor in Chief for the Asian Pacific Law and Policy Journal. Mr. Unga has been licensed to practice law in the State of Hawaii since 2012.
- Mike Gabbard
Legislator
After having reviewed the testimony, all of which was in support of the appointment and other materials submitted to the Committee, and having examined the appointee in a hearing, your Judiciary Committee finds that Wilson A. Unga is qualified to serve as a District Family Court Judge of the First Circuit and recommends that the Senate consent to the appointment.
- Jarrett Keohokalole
Legislator
I know this man. This is a good man. He's very deserving of this honor, and I'm very proud of him and proud to support his nomination. I can imagine what it's like for my family, how proud they are to be able to say, you know, we have a Senator in the family.
- Jarrett Keohokalole
Legislator
I can only imagine for his family. And then we've seen it with the other judges today, what a proud moment it is for everyone in the family to be able to say, one of ours is a judge. So, to all of the family and to Wilson, strong support.
- Jarrett Keohokalole
Legislator
I know you're going to do great things, and I'm so happy that you're here today, stepping forward to serve in this role. Thank you.
- Ron Kouchi
Legislator
Thank you. Any further discussion? If not, do we haveāSenator Awa.
- Brenton Awa
Legislator
Mahalo Pelekikeno. If the Judiciary did an NFL draft like they did last week, Wilson Unga would probably be categorized by ESPN as a sleeper pick. If you look up that in AI what it means, someone with the potential to go beyond what's expected of them.
- Mike Gabbard
Legislator
Wilson could have took a job out of state, could have took many jobs out of state to make a lot more money, but being a resident of Kahuku and that community, he recognizes that family, the community, the Polynesians we represent, the help is needed in the Judiciary, and he chose Kuleana over what could have benefited him personally and financially. So, with that, much respect to you and thank you for serving.
- Ron Kouchi
Legislator
Thank you. Further discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Ron Kouchi
Legislator
Thank you. Wilson A. Unga has been confirmed as judge for the District Court, Family Court of the First Circuit. Senator Gabbard.
- Mike Gabbard
Legislator
I'm pleased to introduce our new District Family Court Judge for Oahu, Wilson Unga. Judge, please stand and be recognized. Judge Unga would like to recognize several people. If you're here in the gallery, please stand and be recognized. The judge's wife, Sunny.
- Mike Gabbard
Legislator
Their three daughters, Ina Mae, Joanne, and Alana. The judge's parents, Livingston and Fefita Unga, and his sister, Ina Mae Taia. And the many other family members joining them in the gallery and watching from Utah and other places. Please give them a hand. Mahalo.
- Ron Kouchi
Legislator
Thank you, Senator Gabbard. Now that we've taken the vote, I know we've made much over the past decade or so about getting more gender equity on the bench. And with five of the six nominees for confirmation women, the Chief Justice as well as the last two governors have worked diligently to find very qualified women.
- Ron Kouchi
Legislator
And we celebrate, you know, the women who come forward and allow us to have the court reflect what our community looks like. I think what Senator Keohokalole was alluding to but didn't say clearly, and I'm going to take Judge Unga's word for it, when I met with him, he will be the first of Tongan ancestry to be confirmed to the Hawaii bench.
- Ron Kouchi
Legislator
And to your remarks, Senator Awa is clearly aware of the role model that he is and the glass ceiling that his nomination has shattered. So, I extend my congratulations. Madam Clerk.
- Committee Secretary
Person
Standing Committee Report number 2009 on Judiciary communication number 31, Rochelle Ivadina Kusumano, Judicial Appointee to the District Court of the First Circuit for adoption.
- Ron Kouchi
Legislator
After Senator Rhoads will give him, as the Judiciary Chair, a chance to go in all into all of the detail of the resume and then you will follow up.
- Karl Rhoads
Legislator
I won't talk long. Thank you. Thanks, Mr. President. I rise in support of Judiciary communication number 31. Rochelle Ivadina Kusumano is another appointee who has dedicated her career to public service.
- Karl Rhoads
Legislator
Known professionally as Rochelle Ivadina, she has worked as a Deputy Prosecuting Attorney at the Department of the Prosecuting Attorney of the City and County of Honolulu for 24 years. Ms. Ivadina is the Department's Team Captain for the Sexual Assault and Human Trafficking Unit.
- Karl Rhoads
Legislator
In that role, she is responsible for supervising several deputy prosecuting attorneys and handling a high volume of sexual assault and human trafficking cases. She has prosecuted numerous felony sexual assault and related cases, including human trafficking, child pornography, commercial sexual exploitation, and kidnapping cases.
- Karl Rhoads
Legislator
She also serves as the Coordinator for the Honolulu County Human Trafficking Task Force, facilitating a coordinated effort between county, state, and federal law enforcement and service providers. Ms. Ivadina has been recognized for professional work and is a recipient of the Department of the Prosecuting Attorney's Excellence Award and the Hawaii Women Lawyers Outstanding Woman Lawyer Award.
- Karl Rhoads
Legislator
She has also been faculty with the Hawaii State Bar Association's Trial Academy. Prior to law school, Ms. Ivadina worked as a Parole Officer for the Hawaii Paroling Authority for nine years. Ms. Ivadina earned a Bachelor of Arts degree in Psychology and Social Work from Pacific University in Forest Grove, Oregon.
- Karl Rhoads
Legislator
She earned her Juris Doctorate from the Richardson School of Law at the University of Hawaii at Manoa, where she was a recipient of the Kamehameha Schools Scholarship. Ms. Ivadina has been licensed to practice law in the State of Hawaii since 2001.
- Karl Rhoads
Legislator
After having reviewed the testimony, all of which was in support of the appointment and other materials submitted to the Committee, and having examined the appointee in a hearing, your Judiciary Committee finds that Rochelle Ivadina Kusumano is qualified to serve as a District Court Judge of the First Circuit and recommends that the Senate consent to the appointment. Mahalo.
- Samantha DeCorte
Legislator
Thank you, colleagues. In the past few years, Waianae has been rocked to its core with bad news. In 2023, we saw an increase of homicides upwards to about 80%. We are constantly filled through the media with shootings, domestic violence, human sex trafficking.
- Samantha DeCorte
Legislator
And this is the day where we are able to acknowledge the good that is coming out of Waianae. Rochelle is a reflection of the good people that continue to fight through the adversity and fight through the struggle of what the surroundings wants to stay and keep us in violence and poverty.
- Samantha DeCorte
Legislator
Today is the day that her being confirmed is not only a position, it is a role model for kids in our community, for them to see that there is a way out.
- Samantha DeCorte
Legislator
And the same struggles that our kids face today is the same struggles that Rochelle has had to come through to show the 96792 that not only can good things come out of Waianae, but good things can come out of Waianae to promote and to make the State of Hawaii a better place.
- Samantha DeCorte
Legislator
Rochelle is somebody who I have met in the community, somebody who is boots on the ground, but most importantly, somebody who does not forget where she comes from.
- Samantha DeCorte
Legislator
That she will continue to contribute back to the 96792, that she will not move out of Waianae and then forget about us, but she will use her knowledge and her skills to help the youth in our community to be elevated and to show our people that she looks like us, she sounds like us, she moves like us.
- Samantha DeCorte
Legislator
And this is the role models that we need to see, not only in Waianae, but in the State of Hawaii. So with that, I proudly support your nomination and ask my colleagues to also support as well. Thank you.
- Ron Kouchi
Legislator
Thank you. Further discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Ron Kouchi
Legislator
Thank you. Rochelle Ivadina Kusumano has been confirmed as judge for the District Court of the First Circuit. Senator Rhoads.
- Karl Rhoads
Legislator
Thank you, Mr. President. Thank you, Mr. President. I'm pleased to introduce our new district Court judge for Oahu, Rochelle Ivadina. Please stand and be recognized. Judge Ivadina would like to recognize several people. If you're here in the gallery, please stand and be recognized. The judge's husband, Michael Kusumano. Their sons, Kupono and Laakea. Her mother, Sharon Ivadina.
- Karl Rhoads
Legislator
Sorry, I didn't see whether her son stood up. Kapono and Laakea, did you? Okay. There you go. Okay. Her mother, Sharon Ivadina. Her brother, Richard Ivadina, and sisters, Elise Rago and Naomi Morgan. Her niece, Keely Rego. And the judge's mother, Joanne Cusumano, watching from Hilo. Mahalo.
- Ron Kouchi
Legislator
Thank you. Again, we have the state budget to vote on and several amendments. When we conclude with the amendments, we will recess and have our recently confirmed judges come to the floor to be congratulated by the Members. Madam Clerk.
- Ron Kouchi
Legislator
If there are no objections from the Members, we will be taking final reading on consent.
- Committee Secretary
Person
Conference Committee report number 45, final reading of House Bill 300, conference draft one, relating to the state budget.
- Donovan Dela Cruz
Legislator
I have about, maybe about 30 pages, but I don't want the judges waiting, so I'm just going to submit written remarks. But I do want to thank the House Finance Chair and especially the Ways and Means Committee and the Committee chairs, all the staff, the Administration, all those ASOs and budget staff that help put together the budget.
- Donovan Dela Cruz
Legislator
And with that said, I asked my colleagues to support the budget and if I can have written remarks inserted into the journal. Thank you.
- Ron Kouchi
Legislator
If there are no objections from the Members, we call for a brief recess.
- Ron Kouchi
Legislator
Will the Senate please come back into order? We are on discussion of House Bill 300, Conference Draft 1. Further discussion? Senator Moriwaki.
- Sharon Moriwaki
Legislator
Thank you, Mr. President. I too would like to thank the colleagues and you and also the Capital Improvements Chair from the House Finance and especially the WAM Chair because I think we have a good CIP budget. I do have written remarks that I would like to be placed in the journal. Mahalo.
- Ron Kouchi
Legislator
So ordered. Further discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote for Senator Awa.
- Ron Kouchi
Legislator
Thank you. House Bill 300, Conference Draft 1 passes final reading.
- Committee Secretary
Person
We're on page 11, floor amendments. Conference Committee Report number 85. Final reading of Senate Bill 401, Conference Draft 1, relating to firearms.
- Lynn DeCoite
Legislator
Mr. President, I wish to offer a floor amendment to SB 401, CD 1, relating to firearms.
- Committee Secretary
Person
Floor amendment number 15, proposing an amendment to Senate Bill 401, Conference Draft 1, relating to firearms, copies of which have been distributed to the Members.
- Lynn DeCoite
Legislator
Mr. President, I move that the floor amendment number 15 be adopted.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Senator DeCoite.
- Lynn DeCoite
Legislator
Thank you, Mr. President and colleagues. I rise to offer an amendment to SB 401, CD 1, relating to firearms. An amendment grounded in fairness, constitutional duty, public safety, and responsible environmental management. This amendment does four key things.
- Lynn DeCoite
Legislator
First, it grandfathers and law abiding citizens statewide, whether on Oahu or the neighbor islands, who legally acquired firearms and standard capacity magazines prior to January 1, 2026. Secondly, it allows licensed firearms dealers statewide to continue lawfully servicing, repairing, and transferring those grandfathered items.
- Lynn DeCoite
Legislator
Third, it preserves the rights of subsistence hunters and conservation workers, especially Native Hawaiians, protected under Article 12, Section 7 of the Hawaii Constitution. And fourth, it requires just compensation if the state forces the surrender of legally owned firearms or magazines, as required under both the US and Hawaii Constitutions.
- Lynn DeCoite
Legislator
But it must raise a broader, urgent concern, one that affects every island, every budget, and every taxpayer taxpayer. The rising toll of invasive species in Hawaii. On Molokai and Maui, axis deer have caused devastation and wreaked havoc, stripping our pasture lands, collapsing our native ecosystems, destroying irrigation systems, and driving ranchers into crisis.
- Lynn DeCoite
Legislator
On Hawaii Island, feral pigs are tearing through farms and forests, spreading disease and disrupting watershed protections. And across the state, we are already spending millions, if not billions, to contain little fire ants, coconut rhinoceros beetles, and coqui frogs, invasive species that directly harm our tourism, economy, and our quality of life.
- Lynn DeCoite
Legislator
This is not just an ecological issue. It is a budgetary crisis, and we are paying for it with taxpayer dollars. And every time we remove a tool from the people on the front lines, our hunters, ranchers, landowners, and conservation crews, we increase the cost. Without access to lawful and effective tools, we are tying one hand behind our back in the fight against these invasive species.
- Lynn DeCoite
Legislator
And we are forcing the cost burden onto the state and onto the very taxpayer who are already stretched thin. This amendment is about preserving the tools of stewardship, the ability to manage land responsibly, to prevent the collapse of ecosystems, and to ensure our local families, not just state agencies, can help fight this war.
- Lynn DeCoite
Legislator
Mr. President, I must also raise one final concern, and that is the lack of a clear exemption in this bill for law enforcement officers and our DLNR personnel. As written, the bill could place police officers, sheriffs, tactical units, and conservation enforcement officers at risk of violating the very law they are sworn to enforce simply by carrying out their official duties using standard issue equipment.
- Lynn DeCoite
Legislator
This is not just a legal hazard, it's a public safety failure. And this amendment assures we do not criminalize the lawful actions of those tasked with protecting our communities. Mr. President, this amendment keeps the public safety goals of the bill intact.
- Lynn DeCoite
Legislator
It still prohibits new purchases and imports after January 1st of 2026, but ensures that our rural families, subsistence hunters, Native Hawaiian practitioners, licensed businesses, law enforcement, and conservation workers are not punished, disarmed, or disfranchised in the process. Let us support responsible ownership. Let us support effective conservation.
- Lynn DeCoite
Legislator
Let us stop the financial bleeding caused by invasive species, and let us ensure our laws are not enforced at the expense of those who protect the land. At the same time we have asked, the House has also filed the exact same amendment. And I respectfully urge adoption of this amendment and the support of my colleagues. Mahalo, Mr. President.
- Karl Rhoads
Legislator
Thank you, Mr. President. In opposition. The big picture is this amendment creates a huge carve out for the sale of assault weapons. If we pass it, it basically eviscerates the underlying bill. So that's the big picture. The grandfathering, the current draft of the underlying bill grandfathers assault weapons that people own currently and up until the beginning of next year that they purchased before then.
- Karl Rhoads
Legislator
There's already a storage bill. There's already a storage protection bill that's passed this year, HB 125, that was just engrossed into law recently. For years there's been a law enforcement exemption that's covered by HRS 134-11. Law enforcement, military, government employees, have all been covered for years so that they could purchase weapons that were not necessarily available to the general public.
- Karl Rhoads
Legislator
The House is very unlikely to pass this amendment, which means that if we do, the bill is dead. And there is also a technical problem with the bill. It amends a section that in the Ghost Gun Bill that we just passed and was signed into law, Act 18, about two weeks ago.
- Karl Rhoads
Legislator
And of course, the Ghost Gun Bill is an important piece of legislation, and I'd hate to see that ghost guns are a serious threat. And I'd hate to see that legislation that we just passed compromised by amending it in this way. So my request respectfully to my colleagues is to vote no. Mahalo.
- Tim Richards
Legislator
Thank you, Mr. President. I rise in support of the amendment. Thank you. I like my words, Senator DeCoite's words be entered in as if they were my own. But to add to that, what this is is striking to find some common ground on the different parties on this. The intent is to maintain public safety while recognizing that agriculture needs some tools in the toolbox. So I would ask that my colleagues support this amendment. Thank you, Mr. President.
- Kurt Fevella
Legislator
Senate President, stand in strong support. You know, Senate President, all what Senator DeCoite said, Senator from Molokai and the neighbor islands, 100% right. If you don't live on the neighbor islands, you don't see the problems that is happening. Deer going through the airports, busting up the land, taking away all their quality of life that they live.
- Kurt Fevella
Legislator
We don't have that here. We have buildings all over the place. Right. We live in urban. Whatever you like. We don't have those issues. But again, you're taking away from an opportunity for eradicating some of these things. If you guys go to the windward side and you guys see how the wild boar and wild pigs going over there and disrupting the land.
- Kurt Fevella
Legislator
Raping the land, busting up the land, all of these things. These amendments will secure the rights of our people that want to defend not only their land but their way of life. Not having this bill, understand the scare tactics of what we being said over here about the ghost guns. We ban any guns today or anything like this and not support this amendment.
- Kurt Fevella
Legislator
Ghost guns will always exist in a community. A bill like this, or going for a bill like this and saying that you don't like this amendment because of those guns, after, with or without this amendment, those guns will still exist no matter what. Thank you. And I urge my colleagues to please support this amendment.
- Ron Kouchi
Legislator
Thank you. Further discussion? Senator DeCorte, then Senator San Buenaventura.
- Samantha DeCorte
Legislator
Mr. President, without this floor... Sorry. In support of the floor amendment. Without this floor amendment, the bill in its original condition will not only restrict law abiding citizens who legally carry, but this will also restrict our law enforcement officers.
- Samantha DeCorte
Legislator
So again, what this bill continues to turn out to be is not keeping our public safe, but it's also hindering our sheriffs, our HPD workers, and those that are set out to protect us. And now it continues to leave us vulnerable in the area that I represent, which is the Waianae Coast.
- Samantha DeCorte
Legislator
As I continue to be the voice of my community saying over and over again about the rising crime and issue after issue. This would leave Waianae continually vulnerable to not only being able to defend themselves, but also the protection of our law enforcement. So I encourage my colleagues to also support this floor amendment, as I do. Thank you, President.
- Joy San Buenaventura
Legislator
Thank you, Mr. President. I stand in support. The most beneficial thing of the floor amendment is the grandfathering clause. My biggest problem with SB 401, CD 1 is the amendment that includes the possession of magazines with a capacity in excess of 10 rounds are designed. The mere possession is automatically a crime.
- Joy San Buenaventura
Legislator
So we have legal hunters with the common mag of 30 rounds. I don't own. My family does. I do not appreciate our legislation. You just passed substantial strict gun laws. And in fact, it is a testament to the history of the gun laws that we have passed that we have not ever had a history of an assault rifle mass killing in this state.
- Joy San Buenaventura
Legislator
The last mass killing we had was over 25 years ago. That was Uyesugi. And it's because of the strict gun laws we have now. And I have voted in favor of all of those strict gun laws. But now, at a time when we are actually going to criminalize legal hunters, we've gone too far. The grandfathering, at the very least, it allows them to keep what it is they've got.
- Joy San Buenaventura
Legislator
But we are actually making them criminals by possession of magazines that we had legalized before they bought it. And now by their mere possession because we decide to pass this bill, we decide to label them as criminals. And that to me is unethical and should be and should not be tolerated by this body. Thank you.
- Karl Rhoads
Legislator
Thank you, Mr. President. Still in opposition. So I've just been confirmed that the House has not offered this amendment. So passing this will kill the bill. I would also point out that a number of the issues that have been raised are covered by the underlying bill. I won't repeat myself, but the...
- Karl Rhoads
Legislator
Well, I won't repeat myself much. The grandfathering is already in there. This bill will make us safer, not less safe. Having... Right now you can buy for 120 bucks 100 round canister that will fit any of the AR-15 type assault rifles. And that's the whole point of the bill is that we don't want...
- Karl Rhoads
Legislator
When police are trying to take down a mass murderer shooter, the opportunity they have to do that is primarily when they're reloading. And if you have a hundred round canister, you don't have to reload very often. So the whole point of the bill is to make that less, make that more difficult while grandfathering in all the weapons that people have currently. Mahalo.
- Ron Kouchi
Legislator
Thank you. Further discussion? Senator Elefante, then Senator Fevella.
- Brandon Elefante
Legislator
Thank you, Mr. President. In opposition to the proposed floor amendment. Thank you. I appreciate the introducer of the floor amendment for offering this. However, in its current form I'm unable to support. Thank you.
- Kurt Fevella
Legislator
Thank you, Senate President. I just wanted to have the comments of the Senator from Puna as my own to the Senate journal. Thank you.
- Angus McKelvey
Legislator
Thank you, Mr. President. In support. And would just like the records of the good speaker from Puna and into the record as if they were my own.
- Brenton Awa
Legislator
In response to our Judiciary Chair, right when we started our session over here... Oh, in support of the amendment. Apologies. Thanks. And in response to our Judiciary Chair, right at the start of our session, we ran over the amendment to the House side, and so they did file it and it's waiting to be voted on.
- Brenton Awa
Legislator
But like he made clear, for anybody who walked in late in the gallery, essentially what this amendment does, if you don't get caught up in everything that's in it, is allows us to kill the bill. And so that's really what we're voting on. Yes vote would help us do that and a no vote would remain status quo.
- Ron Kouchi
Legislator
Thank you. Further discussion? If not, any objections to the amendment? Senators Elefante, Kanuha, Hashimoto, Chang, Fukunaga, Inouye, Ihara, Lee, Rhoads, Keohokalole, Dela Cruz. Amendment fails.
- Reading Clerk
Person
Conference Committee report number 98, final reading of Senate Bill 97 Conference Draft 1 relating to motor vehicles.
- Chris Lee
Legislator
Thank you, Mr. President. I wish to offer a floor amendment to SB 97 CD1.
- Reading Clerk
Person
Floor Amendment number 14, proposing an amendment to Senate Bill 97 Conference Draft 1, copies of which have been distributed to the Members.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Senator Lee?
- Chris Lee
Legislator
Thank you, Mr. President. This floor amendment would remove duplicative language that also exists in another bill that is poised to pass this chamber in the Legislature. So it would remove any potential conflict should both measures be signed into law without affecting the underlying substance of those bills.
- Ron Kouchi
Legislator
Is there any further discussion? Any objections? If not, motion is carried. Floor Amendment number 14 has been adopted. Senator Lee.
- Chris Lee
Legislator
Mr. President, I move to separate SB 97 CD1 from Conference Committee Report number 98.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Any objections? If not, the motion is carried. The Clerk is directed to file Conference Committee Report number 98. 48 hour notice is hereby given for final reading of SB 97 CD2.
- Committee Secretary
Person
Conference Committee report number 198, final reading of Senate Bill 1434, Conference Draft 1, relating to Universal Immunization Funding Program.
- Joy San Buenaventura
Legislator
Mr. President, I wish to offer floor amendment to SB 1434, CD 1.
- Committee Secretary
Person
Floor amendment number 13, proposing an amendment to Senate Bill 1434, Conference Draft 1, copies of which have been distributed to the Members.
- Joy San Buenaventura
Legislator
Mr. President, I move that the floor amendment number 13 be adopted.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Senator San Buenaventura.
- Joy San Buenaventura
Legislator
Thank you, Mr. President. The reason for the floor amendment is that the is that the current CD 1 did not accurately reflect the WAM recommendation that we were required to adopt and this floor amendment would fix that anomaly.
- Ron Kouchi
Legislator
Thank you. Is there any further discussion? Any objections? If not, the motion is carried. Floor amendment has been adopted. Senator San Buenaventura.
- Ron Kouchi
Legislator
You are going to separate Senate Bill 1434 Conference Draft 1 from Conference Committee Report Number 198.
- Ron Kouchi
Legislator
Thank you. Senator Dela Cruz. It's been moved and seconded. Is there any discussion? Any objections? If not, the motion is carried. The Clerk is directed to file Conference Committee report number 198. 48 hour notice is hereby given for final reading of SB 1434, CD 2.
- Committee Secretary
Person
Conference Committee report number 199, final reading of House Bill 1026, Conference Draft 1, making emergency appropriations for public employment cost items.
- Henry Aquino
Legislator
Mr. President, I wish to offer a floor Amendment to HB 1026, CD 1.
- Committee Secretary
Person
Floor amendment number 11, proposing an amendment to House Bill 1026, Conference Draft 1, copies of which have been distributed to the Members.
- Henry Aquino
Legislator
Mr. President, I move that floor amendment number 11 be adopted.
- Henry Aquino
Legislator
Thank you, Mr. President. There's an error in the General Fund expenditure ceiling percentage. In this CD 1, the ledge drafters used a correct template and the dollar amount is correct, but the percentage calculation based on our calculator is 1.3%, which means the percentage amount should be rounded up to 2% to satisfy constitutional and statutory requirements.
- Ron Kouchi
Legislator
Is there any further discussion? Any objections? If not, the motion is carried. Floor amendment number 11 has been adopted. Senator Aquino.
- Henry Aquino
Legislator
Okay. Mr. President, I move to separate HB 1026, CD 1, from Conference Committee Report number 199. Senator Lee.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Any objections? If not, the motion is carried. The Clerk is directed to file Conference Committee report number 199. 48 hour notice is hereby given for final reading of HB 1026, CD 2.
- Reading Clerk
Person
Conference Committee Report number 233, final reading of House Bill 1483, Conference Draft One, relating to fireworks.
- Brandon Elefante
Legislator
Thank you, Mr. President. I wish to offer a floor amendment to House Bill 1483 CD1 relating to fireworks.
- Reading Clerk
Person
Floor Amendment number 12, proposing an amendment to House Bill 1483, Conference Draft 1, copies of which have been distributed to the Members.
- Brandon Elefante
Legislator
Thank you, Mr. President. I move that Floor Amendment number 12 be adopted.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Senator Elefante?
- Brandon Elefante
Legislator
Thank you, Mr. President. The proposed floor amendment offers, offered, allows the film industry and other commercial entities to be able to import fireworks necessary to conduct business in accordance with federal shipping standards.
- Ron Kouchi
Legislator
Is there any further discussion? Any objections? If not, the motion is carried. Floor Amendment number 12 has been adopted. Senator Elefante.
- Brandon Elefante
Legislator
Thank you, Mr. President. I move to separate House Bill 1483 CD1 relating to fireworks from Conference Committee Report number 233.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Any objections? If not, the motion is carried. The Clerk is directed to file Conference Committee report number 233. 48 hour notice is hereby given for final reading of SB 1483, CD 2. If there are no objections from the Members, take a short recess.
- Ron Kouchi
Legislator
Will the Senate please come back into order? During the recess to greet the judges, there was a question on the vote to...Senate Bill 401. For the sake of transparency and clarity, I'm now going to ask the Clerk to have a roll call vote.
- Ron Kouchi
Legislator
What is before us is the motion to amend 401, as discussed by the introducer, Senator DeCoite, Senator Richards with the second, and several other Members, and, of course, you heard from Chair Rhoads and Elefante in opposition to the amendment. Is everyone clear?
- Ron Kouchi
Legislator
Yes vote is in favor of the amendment and we would put the Bill on 48 hour notice to vote on Friday. No vote to the amendment, we will then be taking up the Bill in its current form today. Senator Awa.
- Brenton Awa
Legislator
Not in support of retaking the vote. We took the vote. If everybody looks on the video on YouTube under the Senate's account, you'll hear 11 names. And those 11 names are opposed. That means we, including the President, that would be 12.
- Brenton Awa
Legislator
That means we should have 13 for the amendment, according to the video of the vote that we just took. But right now, for everybody who just rolled back in, we're gonna revote and probably lose. But if you check back the record, the amendment should go through, which would have again helped us kill the Bill.
- Ron Kouchi
Legislator
Thank you. Any other discussion? If not, Madam Clerk, please call the roll on the amendment.
- Lynn DeCoite
Legislator
Mr. President, I move to separate to SB 401, CD 1, relating to firearms from Conference Committee Report number 85.
- Ron Kouchi
Legislator
It's been moved and seconded. Any discussion? Any objections? If not, the motion is carried. I don't have that page in the script anymore, Madam Clerk, but needless to say, 48 hour notice is hereby given after we separate the reports. And we will have that scheduled for final vote on Friday. Senator Elefante.
- Ron Kouchi
Legislator
Senate is called back to order. I have in the during the recess been approached by both the proponents of Bill 401 and those who advocated the amendment that passed. As the House has not amended that bill and the bill cannot pass, if there are no objections, we are going to recommit Senate Bill 401. Senator Kim.
- Donna Kim
Legislator
Mr. President, I object to that. I think that we deserves, the vote deserves to be voted upon.
- Ron Kouchi
Legislator
So I had difficulty hearing other than you're objecting. You don't want us to recommit the bill?
- Ron Kouchi
Legislator
Again, I have said if there are no objections, I am recommitting the bill. One objection. Any other objections to recommitting the bill? Hearing none. So ordered. Madam Clerk.
- Reading Clerk
Person
On pages 12 to 28, final reading of the non fiscal consent calendar. Final reading of the non fiscal consent calendar beginning with Conference Committee Report 4 on Senate Bill 15, Conference Draft 1, which is on page 12 to Conference Committee Report Number 257 on House Bill 441, Conference Draft 1 on page 28.
- Ron Kouchi
Legislator
Is there any discussion? Well, first of all, we'll be taking this on consent discussion, Senator McKelvey.
- Angus McKelvey
Legislator
Yes, Mr. President. I believe I enrolled a couple of the measures on here for a no vote. I believe the Clerk has them.
- Committee Secretary
Person
25 ayes. I'm sorry. With the exception of the two bills mentioned.
- Ron Kouchi
Legislator
All bills on the non fiscal consent calendar from SB 15 CD1 to page on page 12 to HB 441 CD1 on page 28 pass. Final reading.
- Committee Secretary
Person
Final reading of the non fiscal ordinary calendar beginning on page 28. Conference Committee Report number three, final reading of House Bill 1051, Conference Draft 1 relating to energy efficiency portfolio standards.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senator Awa, Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 7, final reading of House Bill 1098, Conference Draft 1 relating to crimes against protective services workers.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senator Awa, Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 11, final reading of Senate Bill 176 Conference Draft 1 relating to recounts.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senators Awa, DeCorte, Fevella.
- Committee Secretary
Person
Conference Committee Report number 12, final reading of Senate Bill 88 Conference Draft 1 relating to the Hawaii National Guard.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Committee Secretary
Person
Conference Committee Report number 13, final reading of Senate Bill 222, Conference Draft 1 relating to fireworks.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senators Awa and DeCorte.
- Committee Secretary
Person
One page 29, Conference Committee Report number 14, final reading of Senate Bill 601 Conference Draft 1 relating to law enforcement.
- Committee Secretary
Person
Will the Senate please come back into order? Madam Clerk. Mr. President, we are on Conference Committee Report 14 on final reading of Senate Bill 601 Conference Draft 1 relating to law enforcement.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote for Senator Awa. 24 ayes, 1 no. Thank you. Before the next item, Madam Clerk, I have had a request to have CCR215, House Bill 958, move to the end of the calendar if there are no objections. So ordered.
- Committee Secretary
Person
Conference Committee report 15, final reading of Senate Bill 1030 conference draft one relating to elections.
- Ron Kouchi
Legislator
Is there any discussion? Not do we have unanimous consent? Any reservations? Any no votes? No votes. Senators Awa and DeCorte.
- Committee Secretary
Person
Conference Committee Report 20, final reading of Senate Bill 31, conference draft one relating to property.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote. Senator Awa.
- Committee Secretary
Person
Conference Committee report number 32, final reading of House Bill 957, conference draft one relating to LA. LA.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote. Senator Awa.
- Committee Secretary
Person
Conference Committee report number 50, final reading of House Bill 511 conference draft 1 relating to public lands.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes.
- Committee Secretary
Person
Conference Committee Report 51. Final reading of House Bill 732, Conference Draft 1, relating to shoreline management areas.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimousāSenator Awa.
- Brenton Awa
Legislator
Mahalo Pelekikena. I rise in opposition of this Bill. Just real quick. Thank you. Just really quickly here because of, you know, being in the party that we're in, we catch a lot of flack from environmentalists. Environmentalists and our community out here on the North Shore were against this Bill. We are against this Bill.
- Brenton Awa
Legislator
We hear you folks. The other side is not in this case, and so I just want to state that for the record. Thank you.
- Ron Kouchi
Legislator
Thank you. Further discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senator Awa, Senator Gabbard.
- Committee Secretary
Person
Conference Committee report number 54. Final reading of House Bill 103, conference draft 1, relating to sentencing.
- Ron Kouchi
Legislator
If not, do we have unanimous consent? Any reservations? Reservations, Senators Aquino and Elefante. Any no votes? No vote, Senators Awa, DeCorte, and Fevella.
- Committee Secretary
Person
On page 30, Conference Committee Report Number 60, final reading of House Bill 398, Conference Draft 1, relating to compensation for court appointed representation.
- Karl Rhoads
Legislator
First, I want to thank my colleagues and especially the chairs of Ways and Means and the Chair of Finance for agreeing to support this Bill and others that invest in our future by shoring up the Judicial Branch of government. This session, the Committee's past measures that made permanent the Women's Court and the Community Outreach Court, ee saw increases in payments to witnesses who appear in court for professionals that examine defendants for whether they are mentally fit to stand trial for court appointed lawyers in criminal cases and increased positions to provide critical probationary services.
- Karl Rhoads
Legislator
Finally, with HB 398, the Committee's increased payments for court appointed attorneys and guardians ad litemāguardians ad litem.
- Karl Rhoads
Legislator
The pay for guardians ad litem has not been increased in 18 years. The pay for court appointed attorneys has not been increased in 20 years. Consequently, our courts and the people of Hawaii face a deep shortage of lawyers willing to represent the most vulnerable people in our state.
- Karl Rhoads
Legislator
The Judiciary has stated that while the entire state is affected by the situation, there's an unchecked crisis in the Third Circuit on the island of Hawaii as judges struggle to find lawyers and guardians ad litem.
- Karl Rhoads
Legislator
In family court, these professionals perform a critical role in a wide range of family court cases, including representing the best interest of children who have been abused or neglected and parents whose parental rights may be terminated. Without this Bill, many people cannot obtain timely legal representation of fundamental and constitutional right in the State of Hawaii.
- Karl Rhoads
Legislator
Some may view these bills as these as minor problems in the broad scheme of things, but our Constitution requires that criminal defendants be assigned a lawyer if they cannot afford one.
- Karl Rhoads
Legislator
With the Office of the Public Defender stretched past its limit and very few attorneys willing to take cases where the judge appoints them because of the low reimbursement rate, serious cases can be dismissed for constitutional reasons and those accused of serious crimes released without a trial. These bills make that nightmare, nightmare scenario, much less likely. Mahalo.
- Ron Kouchi
Legislator
Thank you. Further discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Committee Secretary
Person
Conference Committee report number 61, final reading of House Bill 277, conference draft 1, relating to vehicular pursuit.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any noāreservations, Senator McKelvey. No vote, Senator Awa, Senator Fevella.
- Committee Secretary
Person
Conference Committee report number 62, final reading of House Bill 1259, conference draft 1, relating to transportation.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senator McKelvey, Senator San Buenaventura.
- Committee Secretary
Person
Conference Committee report number 65, final reading of Senate Bill 532, conference draft 1, relating to the Department of Education.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote, Senator Awa.
- Committee Secretary
Person
Conference Committee report number 69, final reading of Senate Bill 1433, conference draft 1, relating to harm reduction.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote, Senator Awa, Senator DeCorte.
- Committee Secretary
Person
On page 31, Conference Committee report number 71, final reading of Senate Bill 694, conference draft 1, relating to the detention of minors.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senator Awa and DeCorte.
- Committee Secretary
Person
Conference Committee report number 77, final reading of Senate Bill 38, conference draft 1, relating to housing.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservations, Senator Elefante, Senator Morawaki, Senator McKelvey, Senator Fevella. Any no votes? Senator Ihara. Reservations or no vote, Senator Kim? Reservations for Senator Kim as well. Senator Awa, no vote.
- Committee Secretary
Person
Conference Committee report number 78, final reading of Senate Bill 66, conference draft 1, relating to housing.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Committee Secretary
Person
Conference Committee report number 79, final reading of House Bill 1162, conference draft 1, relating to motorcycle instruction permits.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservations, Senator Fevella. Any no votes? No vote, Senators Awa, DeCorte, McKelvey.
- Ron Kouchi
Legislator
Thank you. HB 1162, CD 1 passes final reading. We'll take a short recess so you can look at the floor amendment that was just put on your desk.
- Ron Kouchi
Legislator
I want to call the Senate back into order, and just so the Members are aware of procedurally what we are doing, we received verbal communication that there is an error in Senate Bill 1396 that needs to be corrected, according to DOTAX.
- Ron Kouchi
Legislator
Our Crackerjack Ace staff has gotten the floor amendment ready to be considered, but we are not in receipt of DoTax's memo as to why this needs to be done.
- Ron Kouchi
Legislator
So, we're going to resume where we are, and as soon as we can get the memo so that we could justify amending it, then we'll proceed to the floor amendment. Madam Clerk.
- Committee Secretary
Person
We're on page 31, conference Committee report 81, final reading of House Bill 226, conference draft 1, relating to windshield tinting.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senators Awa, DeCorte, Fevella, McKelvey.
- Committee Secretary
Person
Conference Committee Report Number 82, final reading of House Bill 228, Conference Draft 1, relating to license plates.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote, Senator Awa.
- Committee Secretary
Person
On page 32, Conference Committee report number 84, final reading of Senate Bill 104, conference draft 1, relating to corrections.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senator Awa and DeCorte.
- Committee Secretary
Person
Conference Committee report number 88, final reading of Senate Bill 1323, conference draft 1, relating to health care.
- Ron Kouchi
Legislator
If there are no objections from the Members, we will be recommitting this Bill at the concurrence of both our chair, San Buenaventura and the House chair, Takayama. There are some things that need to be fixed that can be done by next year. Hearing no objections, so ordered. Next item, please.
- Committee Secretary
Person
Conference Committee report number 89, final reading of Senate Bill 1429, conference draft 1, relating to medical cannabis.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote, Senator Awa.
- Committee Secretary
Person
Conference Committee report number 92, final reading of Senate Bill 1095, conference draft 1, relating to license plates.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote, Senator Awa.
- Ron Kouchi
Legislator
Thank you. SB 1429, CD 1 passes final readingāoh, I'm sorry, Senate Bill 1095, CD1 passes final reading.
- Committee Secretary
Person
Conference Committee Report Number 93, final reading of Senate Bill 1102, Conference Draft 1, relating to the aircraft rescue firefighting unit.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote, Senator DeCorte.
- Committee Secretary
Person
On page 33, Conference Committee report number 94, final reading of Senate Bill 1195, conference draft 1, relating to transportation.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservations, Senator San Buenaventura. Any no votes? No votes, Senator Awa and DeCorte.
- Committee Secretary
Person
Conference Committee report number 95, final reading of Senate Bill 1216, conference draft 1, relating to transportation.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senators Awa, DeCorte, Fevella, McKelvey.
- Ron Kouchi
Legislator
Thank you. SB 1216, CD 1 passes final reading. I believe we're in receipt of the communication from the Department of Taxation, so if there are no objections, short recess so we can get that to Senator Kanuha.
- Ron Kouchi
Legislator
Will the Senate come back to order? Can we consider the new floor amendment?
- Reading Clerk
Person
Madam Clerk, Members, we are on page 35. Turning to that page, this is conference Committee report 200, final reading of Senate Bill 1396, conference draft one relating to economic development. Senator Kanuha.
- Dru Kanuha
Legislator
Mr. President, I wish to offer a floor amendment to SB 1396 CD1 related to economic development.
- Reading Clerk
Person
Floor amendment number 16, proposing an amendment to Senate Bill 1396, Conference Draft 1, copies of which have been distributed to the Members.
- Dru Kanuha
Legislator
Mr. President, I move that the floor amendment number 16 be adopted.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Senator Kanuha?
- Dru Kanuha
Legislator
Thank you, Mr. President. DOT tax notes. An error in allocation in the mass Transit Special Fund, the MTSF. In the CD1 version of SB 1396, under 16 law, 1% of all gross rental proceeds are allocated to the MTSF. The CD1 version, however, allocates 0.98% of all TAT revenues collected.
- Dru Kanuha
Legislator
This results in 90% reduction in allocation to the MTSF. The amendment proposed above would revert the allocation formula to use gross rental proceeds as the base. This ensures that the allocation to the MTSF is maintained. Clarifying this basically clarifies that the fund, that of the, the fund that the heart accesses.
- Ron Kouchi
Legislator
Thank you. Any further discussion? Any objections? If not, motion is carried. Floor Amendment number 16 has been adopted. Senator Kanuha.
- Dru Kanuha
Legislator
Mr. President, I move to separate SB 1396 CD1 relating. Oh, sorry. Wrong one.
- Ron Kouchi
Legislator
Senator Richards, I second the motion. We need some comic relief. So I actually have to call Senator decoit. And what Senator Canua was trying to read after the correct number was relating to firearms. Everybody's been working diligently trying to get it together. I appreciate everyone's efforts. So Senator Richards has seconded the motion?
- Ron Kouchi
Legislator
It has been moved and seconded. Is there any discussion? Any objections? If not, the motion is carried. The Clerk is directed to file Conference Committee report number 248 hour notice is hereby given for final reading of SB 1396 CD2.
- Committee Secretary
Person
Turning back to page 33, we're on Conference Committee Report 97, final reading of Senate Bill 30 Conference Draft 1, relating to mopeds.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes: Senator Awa, Senator DeCorte. No vote for Senator McKelvey. Reservations for Senator Kanuha.
- Committee Secretary
Person
Conference Committee Report number 99, thirdāfinal reading of Senate Bill 321 Conference Draft 1, relating to transportation.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senators Awa, DeCorte, Fevella.
- Committee Secretary
Person
Conference Committee Report number 100, final reading of Senate Bill 344 Conference Draft 1, relating to highway safety.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? No vote for Senator Keohokalole. No vote for Senator Awa, Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 102, final reading of Senate Bill 1008 Conference Draft 1, relating to parking.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Committee Secretary
Person
On page 34, Conference Committee Report number 113, final reading of Senate Bill 447 Conference Draft 1, relating to a Department of Health pilot program.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote for Senator Awa.
- Committee Secretary
Person
Conference Committee Report number 118, final reading of Senate Bill 583 Conference Draft 1, relating to naming rights.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservations: Senator Ihara. Any no votes? No votes: Senator Awa, DeCorte, and Rhoads.
- Committee Secretary
Person
Conference Committee Report number 123, final reading of Senate Bill 1469 Conference Draft 1, relating to tax collections.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator Awa, Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 126, final reading of Senate Bill 1221 Conference Draft 1, relating to storm water management systems.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservation: Senators Ihara and McKelvey. Any no votes?
- Committee Secretary
Person
Conference Committee Report number 133, final reading of House Bill 97 Conference Draft 1, relating to travel insurance.
- Ron Kouchi
Legislator
Is there any discussion? Senator--oh--any--if not, do we have unanimous consent? Reservations? No votes? No votes: Senator McKelvey, Senator Kim, Senator Awa.
- Committee Secretary
Person
Conference Committee Report number 140, final reading of House Bill 1171 Conference Draft 11, relating to the University of Hawaii Relief Funding.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator Awa.
- Committee Secretary
Person
On page 35, Conference Committee Report number 151, final reading of House Bill 1316 Conference Draft 1, relating to the Department of Land and Natural Resources.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Committee Secretary
Person
Conference Committee Report number 159, final reading of House Bill 550 Conference Draft 1, relating to fireworks.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator Awa, Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 191, final reading of Senate Bill 589 Conference Draft 1, relating to renewable energy.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes: Senator Awa, Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 193, final reading of Senate Bill 739 Conference Draft 1, relating to land exchange.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? No vote: Senator McKelvey, Senator Awa, Senator DeCorte.
- Committee Secretary
Person
On page 36, Conference Committee Report number 201, final reading of Senate Bill 1501 Conference Draft 1, relating to energy.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes: Senator Awa, Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 208, final reading of House Bill 235 Conference Draft 1, relating to traffic safety.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator Awa, Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 213, final reading of House Bill 862 Conference Draft 1, relating to transportation services.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator Awa.
- Committee Secretary
Person
Conference Committee Report number 214, final reading of House Bill 1231 Conference Draft 1, relating to traffic safety.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes: Senator Awa and DeCorte.
- Committee Secretary
Person
Members, the next item, Conference Committee Report 215 and House Bill 958 Conference Draft 1 was moved to the end of calendar.
- Committee Secretary
Person
Page 37, Conference Committee Report number 216, final reading of Senate Bill 1571 Conference Draft 1, relating to tourism.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senators Awa and DeCorte.
- Committee Secretary
Person
Conference Committee Report number 223, final reading of House Bill 242 Conference Draft 1, relating to electric vehicle batteries.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator Awa.
- Committee Secretary
Person
Conference Committee Report number 224, final reading of House Bill 735 Conference Draft 1, relating to wastewater.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator Awa.
- Committee Secretary
Person
Conference Committee Report number 227, final reading of House Bill 969 Conference Draft 1, relating to waste or disposal facilities.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 231, final reading of House Bill 126 Conference Draft 1, relating to property forfeiture.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservation: Senator San Buenaventura. Any no votes? No vote: Senator Awa.
- Committee Secretary
Person
On page 38, Conference Committee Report number 235, final reading of House Bill 422 Conference Draft 1, relating to school impact fees.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator DeCorte.
- Committee Secretary
Person
Conference Committee Report number 242, final reading of House Bill 1153 Conference Draft 1, relating to funding adjustments for state programs.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes: Senators Awa and DeCorte.
- Ron Kouchi
Legislator
Thank you. HB 1193 CD 1 passes final reading. I'm sorry. House Bill 1153 CD 1 passes final reading.
- Committee Secretary
Person
Conference Committee Report number 245, final reading of House Bill 796 Conference Draft 1, relating to tax credits.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservations: Senator San Buenaventura. Any no votes? No votes: Senators Awa and DeCorte.
- Committee Secretary
Person
Conference Committee Report number 247, final reading of House Bill 1369 Conference Draft 1, relating to taxation.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote: Senator DeCorte.
- Committee Secretary
Person
Beginning on page 39, final reading of the Fiscal Consent Calendar. Final reading of the Fiscal Consent Calendar beginning with Senate Bill 1448 House Draft 2 on page 39 to Conference Committee Report number 259 on House Bill 474 Conference Draft 1 on page 52.
- Ron Kouchi
Legislator
Will the Senate please come back to order? Madam Clerk, please remind us where we're at.
- Reading Clerk
Person
We are on the final reading of the fiscal consent calendar, starting with Senate Bill 1448, House Draft 2 on page 39 to Conference Committee Report 259 on House Bill 474, Conference Draft 1 on page 52.
- Brandon Elefante
Legislator
Thank you, Mr. President, in support. This is on page 48, CCR 190, Senate Bill 223, Senate Draft 2, House Draft 1, CD 1. And I'd just like to thank the Senator from Hilo, the Chair of Water and Land Committee, and also the State Representative on the House and from Waipahu, and also the House Chair of Public Safety for their hard work and request to insert written remarks into the Journal.
- Ron Kouchi
Legislator
So ordered for the discussion. If not, do we have unanimous consent? Any reservations? Any no votes?
- Ron Kouchi
Legislator
Thank you. All bills on the fiscal consent calendar from Senate Bill 1448 HD 2 on page 39 to HB 474, CD 1 on page 52 pass Final Reading. Before going on to the next item, is there an announcement? Senator Kim?
- Donna Kim
Legislator
Can I put in insert comments on House Bill 441, Committee report number 257, to insert comments.
- Ron Kouchi
Legislator
So ordered. Madam Clerk, can we get to the final reading...Senator Gabbard?
- Mike Gabbard
Legislator
Yes, Mr. President. I'd like to insert comments on HB 427, CCR 220, in strong support.
- Michelle Kidani
Legislator
Thank you, Mr. President. On page 42, I stand in strong support of CCR 115, Senate Bill 1300, CD 1. And I'd like to enter written remarks into the Journal.
- Ron Kouchi
Legislator
So ordered. And thank you for providing a copy of your written remarks to us. Anyone else? If not, then Madam Clerk, can we get to final reading? Fiscal Ordinary calendar.
- Reading Clerk
Person
We're on page - starting on page 52, the fiscal - final reading of the Fiscal Ordinary Calendar. Conference Committee report number 40, final reading of House Bill 3, conference draft one relating to beach management on the North Shore of Oahu.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes, Senator Awa.
- Ron Kouchi
Legislator
Conference Committee report number 74, final reading of House Bill 806, conference draft one relating to fireworks.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? If any reservations? Any no votes? No vote Senator Awa and DeCorte.
- Reading Clerk
Person
Conference Committee report number 108, final reading of House Bill 316, conference draft one relating to the Green Jobs Youth Corps.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes Senators Awa and DeCorte.
- Reading Clerk
Person
On page 53. Conference Committee report number 109, final reading of House Bill 506, conference draft one relating to conservation enforcement.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote Senator Awa.
- Reading Clerk
Person
Conference Committee Report Number 112, Final Reading of Senate Bill 1186, Conference Draft 1 Relating to sustainable food systems.
- Mike Gabbard
Legislator
Yes. Hello, Mr. President, colleagues, staff, and guests. I arise in strong support of SB 1186.
- Mike Gabbard
Legislator
As I finish my 9th session as Chair of the Senate Agriculture Environment Committee, the adage that we all know well, it continues to hit home. Sometimes it takes a good Bill years and years to pass, but it takes patience and persistence. SB 1186 is a perfect example.
- Mike Gabbard
Legislator
For as long as I've been the AN Chair, I've heard the same sobering fact that Hawaii imports 85 to 90% of our food, costing us around $3 billion every year, even though we have thousands of acres of land zoned for agriculture.
- Mike Gabbard
Legislator
My response has always been, okay, we know it's a problem, so where's the plan to fix it? So the honest truth, no plan. There wasn't one. There's never been a plan. So over the years, we've taken some steps. The Hawaii 2050 sustainability plan gave us long term goals.
- Mike Gabbard
Legislator
Act 151 in 2019 aim to double our local food production by 2030. And Acts 175 and 176 in 2021 set targets for local food in schools and state institutions. But no one was coordinating these efforts. No one was asking, how does it all fit together?
- Mike Gabbard
Legislator
That's why for the past three years, I've introduced bills to create a food Systems working group to build that plan. And each time they didn't pass. Last session, I introduced Senate reso 111 asking the Department of Ag to set up a Sustainable Food Systems working group.
- Mike Gabbard
Legislator
It passed, and to my surprise, just a few weeks later, the Department of Ag called me and said, let's get the ball rolling. So during interim, the group worked hard and delivered a report in December. One of our main recommendations turned the idea into a law with funding to keep the momentum going.
- Mike Gabbard
Legislator
And thus, Senate Bill 1186 was born. So SB 1186 establishes an interagency food systems coordination team and a working group, which within the Agribusiness Development Corporation, it provides $100,000 to support staffing and operations so the group can keep working on a comprehensive statewide food plan.
- Mike Gabbard
Legislator
And creating this working group has been my number one priority, as I mentioned, for the past three years. I'm proud to say we finally passed out a conference Committee. It's here. It's been a long time coming, and I'm deeply grateful we're taking this step together to secure Hawaii's food future.
- Mike Gabbard
Legislator
The bottom line is it's about finally getting all the key players at the same table, putting a real plan together and moving the needle on food security. And it was truly a Laulima effort. Many hands working together to get the job done. Special thanks to Dr.
- Mike Gabbard
Legislator
Alby Miles, the Associate Professor of Sustainable Community Food Systems at, uh, West Oahu, for being the brainchild of the food systems effort in Hawaii. And and also to Ms. Amanda Shaw, who's the Director of Food Systems and statewide Food Systems Coordinator, for her excellent skill in shepherding us through the working group process.
- Mike Gabbard
Legislator
So I'm grateful we made it this far and I humbly ask for your support of this Bill. Mahalo.
- Ron Kouchi
Legislator
Thank you for the discussion. If not, do we have unanimous consent? Any reservations? Any no votes?
- Committee Secretary
Person
Final reading, conference Committee report number 127. Final reading of Senate Bill 933, conference draft one relating to the state budget.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes. Senator Awa and DeCorte.
- Committee Secretary
Person
23 ayes. 2 nos. Thank you. SB 933 CD 1 passes. Final reading, conference Committee report number 132, final reading of House Bill 990, conference draft 1, making appropriations for claims against the state, its officers or its employees. Is there any discussion?
- Ron Kouchi
Legislator
If not, do we have unanimous consent? Any reservations? Any no votes? 24 ayes. Thank you. HB990, CD1 passes.
- Committee Secretary
Person
Final reading. Conference Committee report number 154. Final reading of House Bill 1378, conference draft one relating to the State Foundation on Culture and the Arts. Is there any discussion?
- Ron Kouchi
Legislator
If not, do we have unanimous consent? Any reservations? Reservations? Senator Favela, Any no votes. No votes. Senator Awa and DeCorte.
- Committee Secretary
Person
On page 54. Conference Committee report number 158. Final reading of House Bill 134, conference draft one relating to election.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes. Senator Awa and DeCortea.
- Committee Secretary
Person
Conference Committee report number 160. Final reading of Senate Bill 934, conference draft one relating to the state budget.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes. Senator Awa and DeCorte.
- Committee Secretary
Person
Conference Committee report number 162. Final reading of Senate Bill 935, conference draft one relating to government.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote. Senator DeCorte? Senator Rhodes? Oh, reservations for Senator Rhodes. No vote. Senator DeCorte?
- Committee Secretary
Person
SB 935 CD1 passes final reading. Conference Committee report number 176. Final reading of House Bill 496, conference draft one relating to Mamaki T.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote.
- Committee Secretary
Person
Senator Wakai. 24 ayes, 1 no. Thank you. HB 496 CD1 passes final reading. Committee report number 178. Final reading of House Bill 1064, conference draft 1 relating to fire protection.
- Brandon Elefante
Legislator
Thank you. First of all, I'd like to express sincere gratitude to the Senator from Salt Lake for initially introducing Act 209 which established the office of the Fire Marshal for all the advocates.
- Brandon Elefante
Legislator
Also for the co-chairs for the Senator from Waipahu, the labor and Technology Chair, as well as the Judiciary Chair, and Ways and Means Chair, and Finance Chair and their staff, the office of the Governor Will Kane and Arlena Aguayani, Senate Leadership, House leadership, Vice Speaker Ichiyama, Chair of the Judiciary Committee in the House, as well as the Chair of the Public Safety Committee in the House.
- Brandon Elefante
Legislator
To our State Fire Council, Chief Todd, to the AG's office, DLNR, DOD, DLE and DLIR, and also to my staff and all the Members and Wham and fin designees, and to this body as well.
- Brandon Elefante
Legislator
This is a very important Bill that allows the State Fire Marshal to continue, but also allows that when the State Fire Council does in fact, select it before their deadline, that it will continue and that this sets up a new advising consent process for the State Fire Marshal Selection Commission, and it also appropriates funding.
- Brandon Elefante
Legislator
So I ask my colleagues to please vote in support. Thank you.
- Ron Kouchi
Legislator
Thank you. Further discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes. Senator, DeCorte.
- Committee Secretary
Person
24 ayes, 1 no. Thank you. HB1064CD1 passes final reading, conference Committee report number 187. Final reading of House Bill 613, conference draft 1 relating to homeless youth.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes. Senator Awa and DeCorte.
- Committee Secretary
Person
Final reading on page 55. Conference Committee report number 189. Final reading of House Bill 431, conference draft one relating to housing. Is there any discussion?
- Ron Kouchi
Legislator
If not, do we have unanimous consent? Any reservations? Any no votes? No votes. Senator Awa and DeCorte.
- Committee Secretary
Person
23 ayes, 2 nos. Thank you. HB431 CD1 passes. Final reading, conference Committee report number 205. Final reading of Senate Bill 1578, conference draft one relating to international affairs.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes. Senator Awa and Favella. I'm sorry, McKelvey.
- Committee Secretary
Person
22 eyes, 3 nos. Thank you. SB 1578 CD1 passes. Final reading, conference Committee report number 217. Final reading of Senate Bill 1249, conference draft one relating to agriculture.
- Ron Kouchi
Legislator
Is there any discussion? Senator Richards and then Senator DeCorte.
- Tim Richards
Legislator
Thank you. Colleagues, SB 1249 is known as the Cranston Duke Pia Bill. The path of this Bill started 14 months ago when Cranston was murdered. His mother came to see me. That started a long conversation that has evolved over the last 14 months and brought us to where we are today.
- Tim Richards
Legislator
Initially, this Bill started out as three separate bills. Input from the Attorney General's Office, from the Department of Agriculture, and from Department of Law Enforcement. And this has been an exercise in conversation as well as trying to arrive at a common goal of finding a way to really do what we needed to do for agriculture.
- Tim Richards
Legislator
I gave Cranston's mom my word that I wouldn't let this go. And I have to thank the body here for supporting, as we've made it through this. What this Bill will do, Attorney General's Office had input ramping up the penalties for Ag Crimes. Department of Agriculture came at it from their perspective with enforcement of some of that.
- Tim Richards
Legislator
And then Department of Law enforcement came in with an investigative and enforcement side of that. The combination of these three bills has brought forth increasing penalties while also starting a pilot project for agricultural crimes, crimes against agriculture in our state. And this is brand new for us. We've never done this before.
- Tim Richards
Legislator
We as a body are finally giving credit and acknowledging how important agriculture is to our state. Regrettably, it had to take something as tragic as the loss of Cranston to get this done. What this will do will increase the penalties. It heightens the awareness and it gives that pilot project.
- Tim Richards
Legislator
I want to thank all of my colleagues here for getting this done. I want to thank especially WAM Chair, Senator Dela Cruz for finding the funding to get this pilot project going. With that, we have some special guests here. I'd like to turn this over to our chair of Agriculture and environment, Senator Gabbard.
- Mike Gabbard
Legislator
Thank you, Mr. President. I rise in strong support of SB 1249, CD 1. Today we are joined by the Ohana and friends of Cranston Duke Pia, as was mentioned by Senator Richards, a rancher from Ocaha who was tragically shot and killed last year while protecting his land. Duke was just 39 years old.
- Mike Gabbard
Legislator
Here with us today are his elder brother. If you would just please stand when I call your name. His elder brother, Brent Pia, Kalei and Austin Salcedo, who are from Keaau Agricultural landowners, Mrs. BJ and Dustin Griffith of Griffith Stock Ranch. Raquel Achiu of Kaala Livestock and Makaleha Ranch. Sharon Hurd, Chairperson for the Department of Ag.
- Mike Gabbard
Legislator
Brian Miyamoto, Executive Director of the Hawaii Farm Bureau, Mike Lambert, Director of the Department of Law Enforcement, and representative Chris Morocca, representing the Waianae Coast. Each of these folks have been working hard to make sure what happened to Duke never happens again.
- Mike Gabbard
Legislator
I'd also like to mahalo my Vice Chair, Senator, the Senator from District 4 on Hawaii island who introduced the Bill and was instrumental in helping it get it passed. So please, colleagues, I encourage you to vote aye on this very important measure. Mahalo.
- Samantha DeCorte
Legislator
Senate President, in support. Colleagues, I want to begin with a story that reminds us of why this legislation is so desperately needed. On Saturday, February 17, 2024 what was supposed to be a night of celebration for Cranston Duke Pia turned into an unimaginable tragedy. Duke had planned to surprise his wife with a special birthday dinner.
- Samantha DeCorte
Legislator
But that night, his life was stolen by poachers who illegally trespassed onto his land. They disregarded his rights, his safety and his life. Duke's mother heard dogs barking fiercely on their land, a sound she knew too well. Concerned, she went down to see what was happening. What she found was heartbreaking. A mother's biggest fear.
- Samantha DeCorte
Legislator
She found her son Duke had been killed. Duke came into this world in her arms, and he left it the same way, held tightly by his mother, robbed of his future, tragically taken. His story is a stark reminder of what can happen when landowners are left vulnerable.
- Samantha DeCorte
Legislator
When illegal trespassers and poachers believe they can invade private property without consequences. Too often, our ranchers and farmers feel like they are fighting a losing battle. Left to defend their land and their livelihoods without sufficient protection, trespassers who disregard private property rights, who poach and who threaten lives do so.
- Samantha DeCorte
Legislator
Who threaten lives doing so, knowing that current laws and enforcement are inadequate. They threaten not only livestock and income, but also the safety of those who dedicate their lives to this land. Duke was more than just a rancher. He was a pillar of the Waianae community. The Pia Ohana has lived in Waianae for generations.
- Samantha DeCorte
Legislator
Cranston also owned a business called Grazing Sevens, and he was responsible for feeding thousands of our Waianae residents. He believed in providing access to good quality meat for our people. And he and his family would show up every Saturday at our Waianae Makeke.
- Samantha DeCorte
Legislator
SB 1249, also known as the Cranston Duke Pia Law, is a crucial step in changing that reality. It strengthens enforcement, establishes clear penalties for trespassing and illegal hunting, and it provides law enforcement with the tools and resources needed to act on the spot.
- Samantha DeCorte
Legislator
It sends a powerful message to poachers and those who intend to break the law that the Legislature values its landowners, its farmers and its ranchers, and we will protect our lands and hold those who violate them accountable. SB 1249 is a step toward justice, accountability and safety. An essential move to ensure tragedies like Duke's never happens again. Colleagues, I urge you to see support. SB 1249. Mahalo.
- Lynn DeCoite
Legislator
First of all, our deepest condolences to the family of Cranston Pia. I think this Bill serves as a huge step going forward. When we talk about protection, we talk about the very livelihood of those that have been ranching and farming and have been tasked to deal with those based on trespassing and illegal activities.
- Lynn DeCoite
Legislator
You know, I condemn the Department of Law Enforcement because when we talk about issues such as these that have taken the life of individuals that have served our community and served our community well, this is why we are so strong in support of why we must also, you know, deal with those that have broken the laws and those have not followed suit on holding of firearms legally, professionally and lawfully.
- Lynn DeCoite
Legislator
I look forward to working with the rest of my colleagues, ensuring that the laws that we need to handle enforcement and those who continue to break the rules as we go forward. Thank you, Mr. President, and again, strong support.
- Ron Kouchi
Legislator
Thank you. Further discussion. If not, do we have unanimous consent? Any reservations? Any no votes?
- Committee Secretary
Person
Conference Committee report number 218. Final reading of Senate Bill 825, Conference Draft 1 relating to eviction mediation.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes. Senators Awa, DeCorte and Favella.
- Committee Secretary
Person
22 ayes, 3 nos. Thank you. SB 825 CD1 passes final reading. Conference Committee report number 219. Final reading of Senate Bill 897, Conference Draft 1 relating to energy.
- Jarrett Keohokalole
Legislator
I'm deeply concerned, not just about this Bill, but about the process that got us here. Because what we are doing here today is wrong and we all know it. At first glance, this Bill looks like it's preventing wildfires and making our grid safety safer.
- Jarrett Keohokalole
Legislator
But we need to be honest about what's really going on, what this Bill actually does, and what it risks if it's passed into law. You see, this isn't just a wildfire mitigation Bill. It's not just about borrowing authority.
- Jarrett Keohokalole
Legislator
Buried in this Bill is a provision which was drafted in the shadows, far from public view, over the objections of the chairs who have purview and without the courtesy of prior concurrence on this measure and included provisions that are reckless, unprecedented, and place our residents in danger of harm.
- Jarrett Keohokalole
Legislator
But in fairness, let's start with what's good in this Bill. The Bill allows Hawaiian Electric to borrow up to $500 million. Wildfire mitigation through a process called securitization. The cheapest possible financing for pole replacements, vegetation management, fire detection systems, borrowing money at low interest and saving ratepayers money. That story sells, and we can all get behind it.
- Jarrett Keohokalole
Legislator
It's a smart policy. The Bill also directs the Public Utilities Commission the PUC to study a wildfire victim compensation fund that was originally proposed in this measure. Another good step. But neither of these are what's driving this Bill.
- Jarrett Keohokalole
Legislator
The real heart of Senate Bill 897 is a sweeping new provision that gives the PUC the unilateral power to cap the utility's liability if it causes another wildfire.
- Jarrett Keohokalole
Legislator
And even more concerning, the Bill, through rigid provisions designed to manufacture an outcome, requires the PUC to choose between a per disaster cap on liability or a cap covering any number of disasters that occur during a designated period of time. Let's pause here because that part is not a detail.
- Jarrett Keohokalole
Legislator
It's the core of the Bill inserted in the shadows at the very end of the Legislature. If the PUC chooses to set a cap for a time period, say 10 years, which has been proposed in some conversations, and multiple wildfires happened during that time, the utility could be shielded from full responsibility for all those fires combined.
- Jarrett Keohokalole
Legislator
It's crazy. One cap, multiple fires, and a hard limit on how much they owe, regardless of the damage. You might be thinking, well, you know, a disaster like Lahaina won't happen again. It was a once in a lifetime event. Try and tell that to anyone that lives in California.
- Jarrett Keohokalole
Legislator
After the worst fire in California's history hit, it happened again and again and again. Imagine if California had put a 10 year liability cap like this one in place after the campfire hit in 2018. That single cap would have had to cover the Dixie fire in 2021 utility cost, which destroyed over 1300 homes.
- Jarrett Keohokalole
Legislator
The devastating Palisades fires that took place in January of this year, and there would still be three years more where any future wildfires would also be lumped into that same limit. They would have blown through the cap after the first disaster, leaving victims of every fire after with nowhere to turn.
- Jarrett Keohokalole
Legislator
That's what this Bill opens the door to. And it's shocking. This language didn't appear at any point in the Bill until last Thursday. And the Bill, you can read it on page six, line 14 presumes the Pucc will choose a period of time cap. This is crazy.
- Jarrett Keohokalole
Legislator
People are going to be so upset when they find out this happened. And who's going to take responsibility for this provision when the subject matter chairs for this Bill are against it? Who's going to step up and take responsibility for this? No other state has gone this far. 14 states are considering a liability addressing liability for wildfires.
- Jarrett Keohokalole
Legislator
Not California, not Oregon, not even the ultra conservative states like Utah, Wyoming, or Idaho. No one has done this, in fact, most states are heading in the opposite direction, moving toward a rebuttable presumption that a utility was not negligent if it followed an approved wildfire plan. Three states passed that provision in March.
- Jarrett Keohokalole
Legislator
We may have an emerging consensus appearing across the country, but we're going to take action before we know that for sure. That provision is actually what HECO asked for last year in Senate Bill 2997, and it's just very different from preemptively capping liability from fires that haven't happened yet. What incentive does that provide RICO to do better?
- Jarrett Keohokalole
Legislator
Is this even legal? Don't know. No testimony was submitted on this from the Attorney General's Office because these provisions were inserted two weeks after hearings were completed. What does the PEC even think about being required to make these extraordinary decisions that have the force of law?
- Jarrett Keohokalole
Legislator
We don't know because the whole concept was inserted into the Bill on Thursday. This is not wildfire prevention. This is a liability shield tucked inside a Bill that otherwise seems reasonable. It's a blatant corporate handout and we're being asked to make this precedent setting decision without full awareness of what it really means. Why the urgency?
- Jarrett Keohokalole
Legislator
Let me say this clearly. This Bill is not a bailout. You bail people out of a crisis.
- Jarrett Keohokalole
Legislator
Hico's not in a crisis. They have bad credit. That's the problem. You can survive bad credit. I've had bad credit, and I fixed it. And I didn't fix it with a bailout from the government. I fixed it with time, behavior change, and taking accountability. So let's call this what it is. It's not a bailout. It's a sellout.
- Jarrett Keohokalole
Legislator
This Bill was originally drafted to protect the people from Jico. Now it protects JICO from the people. Now let's talk about our role. This Bill hands the PUC not just the analysis, but the final decision on whether to grant immunity. That is a serious abdication of our legislative responsibility on something this consequential.
- Jarrett Keohokalole
Legislator
We shouldn't be outsourcing our constitutional authority to an unelected Commission. This Bill determines policy questions that directly impact the rights of residents. Our constituents didn't send us here to hand over our power. They didn't elect us to farm out our role in this just because we're being rushed or pressured or bullied into it.
- Jarrett Keohokalole
Legislator
And they absolutely did not ask us to gamble with their future. We have to ask, is this the best we can do? Is it really the best we can do? Is this fair to the people we serve?
- Jarrett Keohokalole
Legislator
Because when the public finds out we passed a Bill capping liability and accountability for future wildfires right when we're about to, here in the next Couple minutes, appropriate $800 million in taxpayer funds to settle lawsuits from the last one, they will not understand.
- Jarrett Keohokalole
Legislator
They will ask, how could the Legislature give away so much with so little in return? And they will be furious. And for Hico, they now have the gall to tell the news last night that they didn't write the Bill. This Bill might help improve Hico's standing with credit rating agencies. We don't know for sure.
- Jarrett Keohokalole
Legislator
They've testified to that. It might help their standing, but it will tarnish their standing with the public and it will tarnish ours as well. We all want. I'll close with this. We all want a strong, locally controlled utility, one that's resilient, affordable, and invests in prevention.
- Jarrett Keohokalole
Legislator
We can have that without giving up our authority, without creating legal protections no other state has dared to adopt and without haphazardly ramming something through in the 11th hour out of view of public that we are really screwing over on this one. This Bill offers a false choice. Safety or accountability. We can and must insist on both.
- Jarrett Keohokalole
Legislator
As the subject matter Chair for this Bill, you have tasked me with making recommendations to this body that serve the best interests of the public. My recommendation here is to vote no. Mahalo.
- Brandon Elefante
Legislator
Thank you, Mr. President. I rise in opposition. Please proceed. Thank you, Mr. President. I think the Senator from Kanyohe eloquently stated his position. I do share some of the same concerns, however, in particular, he did mention about liability shield. That is a concern. But I think the overarching concern, Mr.
- Brandon Elefante
Legislator
President, is really delegating our role to the PUC, to three Members. And while they may have that expertise, I think we're all elected here to make a policy decision and call. And lastly, what's unknown is the cap. It allows the PUC to determine that cap. It could be less or more. And I still have concerns with that.
- Brandon Elefante
Legislator
And for those reasons, I'll be voting in opposition. Thank you.
- Chris Lee
Legislator
I want to just say a few words, not repeating what's been said here, but I think it's very clear for all of us, not just here in Hawaii, but around the country, constituencies, towns, people, families, businesses are all frustrated with the direction that electricity prices are going writ large, the direction that insurance prices are going to the same tone.
- Chris Lee
Legislator
And ultimately all of this being driven by the same kinds of wildfire events and similar situations from state to state. And Hawaii obviously is no exception to that. Beyond that, for many decades it's been clear that there's been a large frustration with accountability and transparency and communication from utilities in General.
- Chris Lee
Legislator
And especially here in a place where we pay some of the highest cost in the nation and have for a long time because of our reliance on imported volatile food, fossil fuel costs, and prices, that frustration is already at a simmering point.
- Chris Lee
Legislator
Even before we got to Lahaina, that frustration has been driving a lot of the angst and a lot of the anxiety and a lot of the ultimate symptoms of what we keep talking about is our rising cost of living in places like California and other states that have gone through similar instances of wildfires and other climate related disasters that have wiped out entire communities and directly led to insolvency for utilities, as well as rising insurance costs and credit rating issues and all the things that fundamentally we've been talking about here for the last two years as we've grappled with these bills and the issues with Lahaina and what to do in those states, often the public utilities commissions have stepped up and led the way while not having all the answers, certainly just as we don't have all the answers and haven't had them at the outset, since the days following Lahaina, in those cases, PUCs took a proactive step forward and said, all right, we're going to try and figure this out.
- Chris Lee
Legislator
While the legislatures and the governors and the other responsible government bodies try and figure out what their role is, what their responsibility is, the public utilities commissions started into a deep dive analysis to figure out what do the options even look like, what does it mean for ratepayers, what does it mean for the utilities who need support?
- Chris Lee
Legislator
What does it mean for the future of a reliable electric grid? And certainly what does it mean for cost for your average family, not just today, not just five years from now, but in the future indefinitely?
- Chris Lee
Legislator
And how do you address that when you have compounding issues of disaster after disaster after disaster, cost after cost rising over and over again?
- Chris Lee
Legislator
The utilities commissions in these states have tried to dive in as much as they could to provide those paths and what they could potentially look like as policymakers in their legislative bodies decided what to do. And they didn't get it right by no stretch of the imagination.
- Chris Lee
Legislator
They've gone back time and again in places like California to redo the pieces of legislation that they've passed, figuring out what the errors were, what the real life consequences are, and adjusting as time went on.
- Chris Lee
Legislator
But that was based on real analysis, real deep dive look at what the situation is, and given a number of scenarios that could play out here in Hawaii, I think what's most disappointing is that looking backward now, and this is our second year where we've had these issues front and center debated here on this floor and across the way in the House, our PUC at the time chose not to act, did not do what many other things had done, did not do an immediate response and analysis to complement what was being done by the Attorney General, by the utilities, by the different stakeholders across the way, and certainly by us as we tried to figure out here what our role is and what our responsibility going forward should look like.
- Chris Lee
Legislator
That's tragic because that abdication of that responsibility and the role of the PUC plays has meant that these conversations end up here, end up in the governor's office, end up here in the Legislature, trying to figure out amongst all of us, I think oh, of whom, myself included, are technical experts in energy and regulation and policy and all the things that add into credit and finance and banking and all those other mechanisms which all together paint a picture that we've got to be able to decipher in order to make and take meaningful action.
- Chris Lee
Legislator
That's why we're here today. It's why we have been thrust into this unfortunate situation where we are being asked to make decisions and come up with solutions for problems that are far beyond the scope of what traditional legislators and legislatures around the country are equipped to do.
- Chris Lee
Legislator
The PUCs from state to state all play similar but slightly varying roles. Ours is no different, not just with respect to the conversation we're having today, but over time, regulating investor owned utilities.
- Chris Lee
Legislator
And this is important because as we think about these conversations as they played out, there have been a number of influences and a number of drivers pushing from all different sides for different outcomes.
- Chris Lee
Legislator
In particular, you've got, obviously the utilities, and I think, fair to say, from the part of the public who have been very much seen as frustrating partners from whom there is no escape. You've got to pay your electric Bill.
- Chris Lee
Legislator
And for, in many cases, for many cases with a lot of people, I think ultimately a lack of transparency and a lack of understanding of really what goes on behind the scenes, behind the switch that you turn to put the lights on, behind the Bill you pay, what all happens beyond there is a mystery.
- Chris Lee
Legislator
But here we know a couple things have been true. And this goes far beyond just these past few years. Utilities at the PUC around the country, not just here, but here as well, push as hard as they can because they have a legal obligation and a financial obligation to maximize benefit for shareholders, full stop.
- Chris Lee
Legislator
That is their legal obligation of their boards, their executives and everybody else, no matter how well intended. That means pushing as much as possible for a maximization of revenue that is often based on investment in infrastructure and expenditure of capital.
- Chris Lee
Legislator
Meaning often and for decades, we've seen this, and our own PUC has opined on this several times over the last decade and a half, that the proposals put forward for infrastructure development or redevelopment are often gold plated, built out more than needs to be so that more money is spent, so that shareholders capture more revenue than might be otherwise necessary.
- Chris Lee
Legislator
And ultimately that's put into bills that we all pay and feel there is justification absolutely to do more. We obviously have infrastructure that is in great need of fixing, hardening of resiliency, of all the things that need to happen. The core of this whole debate here is who pays for it, how much is justifiable and why.
- Chris Lee
Legislator
Beyond that, completely separate from that, you've got competing entities looking to come into the market here to buy in as project developers or as folks who are coming in to set up their own shop and take part in the utility process.
- Chris Lee
Legislator
Buying into the utility or taking it over completely in order to maximize their revenue, maximize their profitability. Nobody's doing it for free. What that means is you've got all these factors at play simultaneously.
- Chris Lee
Legislator
And what we're talking about today is one sliver of that, a very big one, no doubt, and one that can have significant impact in the decades to come, but a piece of that, and I raise this because not only are the decisions that we make in this measure consequential, but also the impact felt by whatever comes next through that process where you have potential investors from out of state looking to acquire Hico or buy parts of it that could be even more disastrous than we even contemplate, to the tune of billions of dollars added to ratepayer bills, because we are investing in stuff that's unnecessary compared to what makes the most sense that is being implemented not only in the plans that are being discussed in some circles, but also in other states, in other places by utilities there that are proven to be able to reduce costs.
- Chris Lee
Legislator
So as we think about all of this, the question comes back to not only the costly assumptions from liability and from what we may or may not be passing here today, but beyond that, what's missing beyond any of, I think, the scope of what we, as not technical experts and regulatory experts and policy and finance experts in these fields can see, and certainly not at the Puc, where there has not been this kind of deep dive look, and not at the state Energy office, which similarly has not taken a deep look at what this whole universe and comprehensive future looks like.
- Chris Lee
Legislator
We're missing that analysis of what is the lowest common denominator, what is the future we're trying to shoot for, and how much does it cost at its very least, without that to set a baseline, we are running on an infinite number of assumptions being influenced by an infinite number of players, each with their own stakeholder agenda.
- Chris Lee
Legislator
And ultimately for us, trying to figure out how we get beyond a lot of the assumptions that everything we're talking about today is built on, which includes the utilities plans for investment in wildfires, which includes the PUC's plans for what the future grid looks like, which includes the state energy office's plans for where it wants to go.
- Chris Lee
Legislator
All of these things are almost a decade outdated, based on old technology, old policies, pre wildfire, pre climate, all the things that are at the forefront today, when we think about the needs for resiliency and hardening and all of that, no one's got a good grip on that.
- Chris Lee
Legislator
Each is missing key elements that other states, other places are diving into in depth.
- Chris Lee
Legislator
I think no matter the path decided here today or at the PUC independently or as a result of this or or later, what's missing is a deep, comprehensive look, an independent look at what the future of our grid should look like, independent of the politics of the Legislature, of the utility, of the PUC, of the energy office, and of all the other stakeholders that have a financial or other similar interest in dictating that outcome.
- Chris Lee
Legislator
I think the only way to get a good sense of whether we're doing right or wrong by ratepayers in the long term is to have a completely independent, transparent look at all of these questions that is yet to happen here. I have reservations for a lot of reasons here.
- Chris Lee
Legislator
I also understand the reason for this Bill and why it's moving forward in the first place, which is why I'm voting with reservations.
- Chris Lee
Legislator
But I hope this is, at the very least, the start of a conversation that takes a much deeper dive into, into the full situation that's before us, because it is deep, and I hope it spurs all of us to start thinking about how we can put in place the right resources to empower the PUC, to empower other stakeholders to think beyond the boundaries we've confined ourselves to already.
- Chris Lee
Legislator
Because we are shooting at a predetermined target to a great extent, and the price we pay at the end of the day is continued cost escalation. It's continued frustration from ratepayers, it's continued frustration from everybody all around.
- Chris Lee
Legislator
And here in the Legislature, the price we pay is having to revisit the same issue year after year after year, time after time, in all the different forms it has taken and will take.
- Chris Lee
Legislator
I raise this as an opportunity to start thinking ahead and really so that other folks outside this room can hear that there ought to be a broader independent look that gets beyond all the politics and transparency that's lacking when it comes to all the different stakeholder groups that have their own agendas and issues that are involved in our process.
- Chris Lee
Legislator
I think everybody here is well intended when I say that knowing there's a ton of people in this process. This is our home, this is our state, we all intend to live here, and we all have responsibility for our families, friends and neighbors.
- Chris Lee
Legislator
And we ultimately have responsibility to make sure that we can do what we can as best we can to reduce the prices that they pay, to reduce the frustration they feel and ultimately lay out a better future. While I don't know whether or not the PUC is capable of doing what is about to be asked of them.
- Chris Lee
Legislator
Should this measure pass, I can only hope that this message falls on those ears and others to do something a little bit differently, to look beyond what has been looked at and to do so proactively, not as a response to something else.
- Chris Lee
Legislator
We have an opportunity to invest the right way going forward to Harden our grid, to provide more resiliency, to increase our overall capacity on our grid, to do more with less.
- Chris Lee
Legislator
And that means fast tracking our transition away from what was getting off of our imported fuels and everything else that exports dollars out of the state and instead reinvest those dollars in projects right here in Hawaii that will create local jobs, that will create futures, that will create more economic development and ultimately reduce the cost that we pay for that reliance on that international and outside Hawaii volatile fuel mix.
- Chris Lee
Legislator
And ultimately, if we can do that right and learn the lessons that other places are implementing right now, which we have yet to see integrated into most of our plans, I think we can do better, can reduce a lot of that cost, reduce a lot of that risk, reduce the need for even having the question over liability in the first place.
- Ron Kouchi
Legislator
Thank you. Further discussion. Senator McKelvey and Senator San Bueneventura.
- Chris Lee
Legislator
Thank you, Mr. President. Same request and would like also the words of the previous speaker into the journals, if they were my own.
- Joy San Buenaventura
Legislator
I stand in support with serious reservations. Thank you. I echo the concerns of our CPN chair that the process was subverted.
- Joy San Buenaventura
Legislator
And, and the reason that I'm concerned about that is because we don't know at this late hour what the serious consequences are of our decisions if all of the people, all of the entities who will be affected by this is not heard.
- Joy San Buenaventura
Legislator
I mean, somebody came knocking on my door yesterday basically saying the insurance companies were not heard on this. And that to me is a huge concern, especially after we had just passed the stabilization Bill. Stabilization Bill requires HPIA to cover a number of our uninsured entities. HPIA is dependent upon existing insurance companies.
- Joy San Buenaventura
Legislator
If we're chasing away insurance companies, that amount of liability, I mean, basically falls off less and less entities to the point where we may end up having to absorb it. When we subvert the process, we do not know what the unintended consequences are. I see the need for securitization.
- Joy San Buenaventura
Legislator
I don't understand why we are going against our CP and chair when I know he has done a deep dive into this issue from for over a year. I take, I mean, I'm a subject matter Chair.
- Joy San Buenaventura
Legislator
I expect my colleagues to understand that I know what My subject matter is very well, and to take my word on it, I make sure that every hearing takes into account what.
- Joy San Buenaventura
Legislator
Whatever the unintended consequences are, so that when my colleagues vote on third reading, they know what the consequences are and they could vote freely, knowing that everything has been vetted. When something like this is presented to us in the last minute, I have serious reservations. I see the need for it, and so I'll be voting up.
- Joy San Buenaventura
Legislator
And I'm hoping that next session we can fix it and that all the entities, insurance companies, landowners, tort visas are heard. Thank you.
- Samantha DeCorte
Legislator
Thank you, Mr. President. Major, major, major concerns. I'd like to thank the Senator from District 24. He raises many good points. Thank you. The Senator from District 25. You just got me a little more confused. But I acknowledge your concerns, but asking permission to insert comments to the journal. So ordered.
- Angus McKelvey
Legislator
Thank you. I know it's my second time. Would just like the words of the. Speaker from Puna entered in the record as if they were my own, because. It reflects a lot of what I'm thinking.
- Ron Kouchi
Legislator
So ordered for the discussion. If not, do we have unanimous consent? Any reservations? Reservations for Senators Chang Fukunaga, Lee Likoit, Wakai, Rhodes, McKelvey, Kim San Buenaventura. Any no votes. No votes. Senator Awa, Elefante, Ihara, Gabbard, and Keohokalole.
- Reading Clerk
Person
On page 56. Conference Committee report number 221. Final reading of House Bill 1391, Conference Draft 1 relating to trade.
- Ron Kouchi
Legislator
My notes show that we are to recommit this Bill. Is this correct? If there are no objections, then House Bill 1391 is recommitted. Next item, please.
- Reading Clerk
Person
Conference Committee Report Number 226. Final reading of House Bill 870, Conference Draft 1 relating to cesspool conversions.
- Samantha DeCorte
Legislator
This Bill originally aimed to help low and moderate income property owners cover the cost of upgrading or converting their cesspools by increasing the maximum grant from 20,000 to 30,000. It also proposed adding staff to the Department of Health to manage the pilot pilot grant program. But the final version falls short.
- Samantha DeCorte
Legislator
It only creates one position in the Department of Health. According to the Department of Health Cesspool Hazard Map, Waianae is ranked as priority number one, the highest contamination risk. Without the $10 million in funding this Bill - without the $10 million of funding that this Bill was supposed to provide, now Waianae residents are left to shoulder the cost.
- Samantha DeCorte
Legislator
The state says these cesspool conversions must happen, but my constituents need financial support. Here we find ourselves again with the state over regulating our communities and not providing the support needed. We don't need extra positions, we need extra finances. And so what's going to happen is if my residents are not in compliant, they're going to get fined. What's going to happen after that is there is going to be a property revocation. So with those reasons, President, I am voting in opposition. Thank you.
- Ron Kouchi
Legislator
Thank you. Further discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes Senators Awa and DeCorte.
- Reading Clerk
Person
Conference Committee Report Number 228. Final reading of House Bill 1168, Conference Draft 1 relating to the University of Hawaii revenue bonds.
- Committee Secretary
Person
We're on page 56. Conference Committee report number 228. Final reading of House Bill 1168, conference draft one relating to the University of Hawaii revenue bonds.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No votes. Senator Awa and DeCorte.
- Committee Secretary
Person
22 ayes, two nos. Thank you. HB 1168 CD1 passes final reading. Conference Committee report number 229. Final reading of Senate Bill of House Bill. Senator. 736. Conference draft one relating to wastewater systems.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes?
- Committee Secretary
Person
25 ayes. Thank you. HB736CD1 passes final reading. Conference Committee report number 239. Final reading of Hospital 1007 Conference Draft 11 relating to the Hawaii Community Development Authority.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservations? Senator Favella. Any no votes? 25 ayes. Thank you. HB 1007 CD1 passes final reading.
- Committee Secretary
Person
Conference Committee report number 244. Final reading of House Bill 795, conference draft one relating to the General Fund.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote for Senator DeCorte. 23 ayes 1 no. Thank you. HB 795 CD1 passes final reading on page 57.
- Committee Secretary
Person
Conference Committee report number 249. Final reading of House Bill 1001, Conference Draft 1 relating to settlement of claims related to the Maui wildfires.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? 24 ayes. Thank you.
- Committee Secretary
Person
HB 1001 CD1 passes final reading conference. Committee report number 253. Final reading of House Bill 1482 conference draft one relating to controlled Substance Census.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservation? Senator Gabbard? Any no votes? No vote. Senator Awa and DeCorte.
- Committee Secretary
Person
Committee report number 255. Final reading of House Bill 302, conference draft one relating to cannabis.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Any no votes? No vote. Senator Awa? 23 ayes, 1 no. Thank you.
- Committee Secretary
Person
HB 302 CD1 passes final reading. We are turning back to the end of calendar item which was on page 36. Conference Committee report number 215. Final reading of House Bill 958, conference draft one relating to transportation.
- Ron Kouchi
Legislator
Is there any discussion? If not, do we have unanimous consent? Any reservations? Reservations? Senator Rhodes. Any no votes? No votes. Senator Awa? 23 ayes, 1 no. Thank you. HB 2958. Is there a conference draft on that, Madam Clerk? Yes. CD1 passes final reading. Yes. Referrals and re-referrals.
- Ron Kouchi
Legislator
Referrals and re-referrals are made in accordance with the supplemental orders of the day that may be filed later today.
- Committee Secretary
Person
On page 58 miscellaneous communication number two from the Honorable Ronald D. Kochi, President of the Senate and Honorable Nadine K. Nakamura, speaker of the House of Representatives, dated April 26, 2025 transmitting a legislative communication extending the filing deadline for conference Committee reports and conference drafts from 11:30pm to 12:30am. Beginning on page 58, miscellaneous business.
- Chris Lee
Legislator
Thank you, Mr. President. I move that the Senate reconsider its previous action in disagreeing to the amendments made by the House to SCR numbers 12 SD1, 180 SD1, and 197 SD1 and agreed set amendments.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Senator Lee?
- Chris Lee
Legislator
Thank you, Mr. President. The amendments made to these resolutions were cleanup and aligned with the intent of the resolutions, did not change the underlying substance.
- Ron Kouchi
Legislator
Thank you. Is there any further discussion? Any objections? If not, the motion is carried. One day notice is hereby given for final adoption of SCR12HD1, SCR180HD1, and SCR197HD1. Senator Chang.
- Stanley Chang
Legislator
Thank you. Mr. President, I move that the Senate reconsider its previous action in disagreeing to the amendments made by the House to SCR 60SD1 and agree to the set amendments.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Senator Chang.
- Stanley Chang
Legislator
The House draft refers to the efforts of the Affordable Housing Land Inventory Task Force and remove some language identifying specific AMI levels in the preamble and these amendments are acceptable to us.
- Ron Kouchi
Legislator
Thank you. Any further discussion? Any objections? If not the motion is carried one day notice is hereby given for final adoption of SCR6D1. Senator San Buenaventura.
- Joy San Buenaventura
Legislator
Thank you, Mr. President. I move that the Senate reconsider its previous action in disagreeing to the amendments made by the House to SCR86SD1 and agree to amendments. Senator Wakai.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Senator San Buenaventura.
- Joy San Buenaventura
Legislator
The amendments made by the House were minor in nature and the advocates wish the that the working group can move on move as amended. Thank you.
- Ron Kouchi
Legislator
Thank you. Any further discussion? Any objections? If not the motion is carried one day notice is hereby given for final adoption of SCR 86 HD1. Senator Gabbard.
- Mike Gabbard
Legislator
Mr. President, I move that the Senate reconsider its previous action in disagreeing to the amendments made by the House to SCR115 and agree to set amendments.
- Mike Gabbard
Legislator
Yes, Mr. President. We're agreeing to the House amendments that were technical in nature.
- Ron Kouchi
Legislator
Thank you. Is there any further discussion? Any objections? If not motion is carried. One day notice is hereby given for final adoption of SCR 115 HD1. Senator Keohokalole.
- Jarrett Keohokalole
Legislator
Thank you, Mr. President. I move that the Senate reconsider its previous action in disagreeing to the amendments made by the House to SCR 123 SD1 and agree to set amendments.
- Ron Kouchi
Legislator
It's been moved and seconded. Is there any discussion? Senator Keohokalole thank you, Mr. President.
- Jarrett Keohokalole
Legislator
The House amendments were, they were fine, the they added some scope and objectives to the working group. We should pass this working group. Thank you very much.
- Ron Kouchi
Legislator
Thank you. Any further discussion? Any objections? If not the motion is carried one day notice is hereby given for final adoption of SCR123HD1.
- Ron Kouchi
Legislator
If not the Chair has one announcement. All Senators are to meet in the majority caucus room immediately after session. Senator Wakai.
- Glenn Wakai
Legislator
Mr. President, I move that the Senate stand adjourn until 11:30am on Friday, May 2nd.
- Ron Kouchi
Legislator
It's been moved and seconded. If there are no objections from the Members, the Senate will stand adjourned until 11:30am on Friday.
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Next bill discussion:Ā Ā May 2, 2025
Previous bill discussion:Ā Ā April 30, 2025
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