Hearings

Senate Standing Committee on Energy and Intergovernmental Affairs

March 20, 2025
  • Glenn Wakai

    Legislator

    Thank you for joining us for this Committee on Energy and Intergovernmental Affairs on this Thursday, March 20th in room 016 at 3 o'clock on the 20th. This hearing is being streamed live on YouTube. If we have any type of technical difficulties, we will make a public notice as to when we will reconvene.

  • Glenn Wakai

    Legislator

    For those who are testifying, we're going to limit your testimony to one minute. And I know a lot of you here for a resolution later on, and if we could just make sure that whatever you're testifying to is something different than what the person before has said.

  • Glenn Wakai

    Legislator

    I don't think many of us want to hear 20 times the same issue. So if you could just kind of bear that in mind as we kind of move through the testimony, that would be very helpful. First on our agenda today is House Bill 1295, HD 2, relating to clean energy.

  • Glenn Wakai

    Legislator

    On our testifiers list, we have Micah Munekata from Ulupono has submitted testimony in support. Pedro Haro from the American Lung Association has submitted testimony in support. Tina Wildberger has also submitted testimony in support. And we have Shelby Pikachu Billionaire. All right, welcome. Oh, I'm glad you found. Did you want to testify support of this measure? Got it.

  • Shelby Billionaire

    Person

    Aloha mai kakou, everyone here. So I support the clean energy bill. Being the newly Chairman of Ohana Unity Party and King of Hawaiian Islands, we don't get too much representation here. Even though we complain a lot, we actually don't follow the paperwork for you guys. We need manpower, resources, and financing. That's why we're here.

  • Shelby Billionaire

    Person

    When you go through the bill, most Kānaka don't actually read it in the details. So I trust you guys and the legislatures to figure stuff out in with pollution, the sediment, all the runoff. We just had a board of water supply meeting yesterday, and they couldn't answer the questions with our watershed management plan for the next 45 years. They don't include aquaponics, they don't include the DOE.

  • Shelby Billionaire

    Person

    To me it's a Portuguese system. But we have to work it together because you got Hilo water catchment style but they're not going to in wanting because the aquifer. So with the clean energy you know we got zero point energy, we got magnetic energy, we got different ways.

  • Shelby Billionaire

    Person

    If you open your mindset we can do a lot more cooler things without burning the environment. You're trying to do some desalinization plant by electric beach, but you could put too much chemicals and stuff into the water. So I support this bill, and we can use for the future generations more things moving forward. Aloha.

  • Glenn Wakai

    Legislator

    Thank you, Pikachu. That rhymes. Thank you, Pikachu. Is there anyone else that wants to follow Pikachu? Members, any questions? You have a chance to ask questions of a billionaire. Okay, we're going to move on to the next measure. That is Senate Concurrent Resolution 140 and Senate Resolution 158. This is the Constitutional Convention of States Resolution.

  • Glenn Wakai

    Legislator

    And you're going to start register. First on our testifiers list, we have Andrew Crossland, Hawaii Patriot Republican, has submitted testimony in support. Mark Meckler might be joining us via Zoom from the Convention of States. Is Mark available?

  • Mark Meckler

    Person

    Yes, I am, Mr. Chair.

  • Glenn Wakai

    Legislator

    Oh, welcome, Mark.

  • Mark Meckler

    Person

    Thank you, Mr. Chairman. Honorable Members of the Committee, I appreciate you allowing me to Zoom in today in support of this resolution. I'm the President of Convention of States Action. We're the organization moving this forward all over the nation. I think this is a particularly opportune moment for this resolution and for this movement.

  • Mark Meckler

    Person

    The majority of people all across the nation, regardless of party, regardless of political orientation, believe that Washington D.C. is broken. And the substance of this resolution simply says that we should have a discussion among the states about taking power away from Washington D.C. and giving it back to the states themselves.

  • Mark Meckler

    Person

    In Hawaii, as in all other states, we believe that Hawaiians should decide mostly for themselves that most decisions should not be made thousands of miles away in Washington D.C. Your citizens in Hawaii elect you. They live there with you, and they trust you to do the right thing on their behalf. So I ask that you support this resolution.

  • Glenn Wakai

    Legislator

    Thank you very much for joining us, Mark. Mark White.

  • Mark White

    Person

    Good afternoon, Chair Wakai and Committee Members. I'm Mark White from Waikele, Waipahu. I'm the Volunteer State Director for Convention of States Action Hawaii. SCR 140 and SR 158 are Article 5 applications for a profound constitutional function that only you as state legislators can initiate. They begin a reassertion of Hawaii's sovereignty against an overreaching and overbearing federal government.

  • Mark White

    Person

    19 states have passed this resolution already, while 16 others are considering it this year. You hear a lot of false testimony opposing a convention of states. It is designed to paralyze you with fear into doing nothing. We've had some 41 conventions of states in America and not one, not one ever exceeded its scope of the call to convention.

  • Mark White

    Person

    So conventions don't run away. A convention of states can only propose amendments, not rewrite the Constitution. Each proposal must be separately ratified by 38 states, the highest approval threshold of anything in our federal system. Thank you, and vote yes.

  • Glenn Wakai

    Legislator

    Thank you, Mr. White. Alan Burdick.

  • Alan Burdick

    Person

    Thank you. I speak... Chair Wakai and other Members of the Committee. Thank you for the opportunity. I speak in my capacity as President of Americans for Democratic Action, Hawaii Chapter. We speak in very strong opposition to this proposal. We do not need a constitutional convention for the purpose of addressing two, count them, two proposals. One for a so called balanced budget amendment and two for term limits for Congress Members. It's overkill and unneeded.

  • Alan Burdick

    Person

    We've never had a constitutional convention since the original constitutional convention in the 1780s. There's no point and you are seeing here in testimony people advocating for an a totally broad based convention of states that would go way beyond just these two limited measures.

  • Alan Burdick

    Person

    Let's get it under control. We do not need this. Let's take the conservative approach to dealing with the problems we have. You want to talk about federal government bloat. Let's not take a wrecking ball, Musk style. Let's deal with them rationally and intelligently. Thank you.

  • Glenn Wakai

    Legislator

    Chanara Casey Richmond.

  • Chanara Richmond

    Person

    Thank you, Chair. My name is Chanara Casey Richmond. I'm a Convention of States volunteer, and I want to thank you for hearing my testimony. 59% of Americans trust state legislators more than Congress. Why? Because we can look you in the eye. We go to the same grocery stores, our kids interact with each other.

  • Chanara Richmond

    Person

    This is the reason why, in my opinion, our founding fathers gave the state legislators the exact same power to amend the Constitution that they gave to Congress. Article 5 has given you the power to force Congress to balance the budget and stop deficit spending permanently. Congress is never going to fix itself, and executive orders come and go with a stroke of a pen.

  • Chanara Richmond

    Person

    The future of our republic, the future of our children cannot depend on constantly changing executive orders. A convention of states is an achievable long game solution that can create a sustainable economic future for our grandchildren. Today I'm asking you to protect and defend our future. Please pass this resolution. Thank you.

  • Glenn Wakai

    Legislator

    Thank you, Ms. Richmond. Michael Fame might be joining us via Zoom.

  • Committee Secretary

    Person

    Not present on Zoom, Chair.

  • Glenn Wakai

    Legislator

    Thank you. Rita Kama-Kimura.

  • Rita Kama-Kimura

    Person

    Rita Kama-Kimura, and I stand in strong off support of these two resolutions. The thought of rumors that it might lead to a runaway convention is an ongoing fallacy and misnomer. There are three great areas that are to be targeted. I would like to address fiscal responsibility. Per the November 2024 Imprimis publication, quote, in 1930 government consumed 12% of the Gross Domestic Product of the nation.

  • Rita Kama-Kimura

    Person

    That was how it had been done since the beginning of our nation. Total today, government handles a little over 50% of the nation's wealth. This is a giant transfer of resources from the private sector to the public sector, which defies the meaning of a free society. To quote Churchill, a champion of free society, money should fruitify or bear fruit in the pockets of the people, unquote.

  • Rita Kama-Kimura

    Person

    Further, the article goes on to say, quote, In 1930, more than 60% of the money in the government was raised and spent in counties, cities, and towns. The public money was held near the people who contributed it. The federal government controlled less than 20. Now those numbers are reversed. I ask you to please approve these resolutions for ourselves and for our children. Thank you.

  • Glenn Wakai

    Legislator

    Alberta Morolt.

  • Alberta Morolt

    Person

    Aloha, Mr. Chairman, Members of the Committee. My name is Alberta Morolt, District Captain for House District 25. I thank you for allowing me to speak today. As you know, there is opposition of Article 5 convention of states, and that's because they are opposing fear. Fear of a running away runaway convention or fear of getting rid of the Constitution altogether. You know what I'm afraid of?

  • Alberta Morolt

    Person

    I'm afraid of my children, my grandchildren, my great grandchildren that would end paying a debt they didn't ask for. I'm afraid for parents losing their rights to what their children are being taught in school and being threatened with persecution. I'm afraid that money are being printed for $6 trillion out of thin air. And who's going to pay for that debt? Again, our children and grandchildren. My fears are not imaginary.

  • Alberta Morolt

    Person

    They are real. They are happening right in front of our own eyes. And in closing, it's time to do your duty. Advance this resolution. If not now, then when? When do you finally say enough is enough and agree to use the measure granted to you by the founding fathers of Article 5 of the U.S. Constitution. Thank you for your time.

  • Glenn Wakai

    Legislator

    Thank you. Jack and Donna Van Osdol.

  • Jack Osdol

    Person

    Dear Chairman Wakai and Members of the Committee. We are Jack and Donna Van Osdol, residents of Mililani, and we are in support of SCR 140, SR 158. We have been active volunteer supporters of the convention of states grassroots movement the past seven years. We have friends that ask us why we are putting in this effort to spread the word about convention of states. After all, we are seniors and if anything should be looking to the federal government for more money and benefits.

  • Jack Osdol

    Person

    We explain to them that this type of thinking is why it is important to change the way our federal government operates. By calling an Article 5 convention, our generation can take responsibility by controlling this debt and limit the spending and scope of the federal government. We urge you all to do the right thing and support the convention of states resolution. Thank you for your time.

  • Glenn Wakai

    Legislator

    Teri Kia Savaiinaea.

  • Teri Savaiinaea

    Person

    Aloha mai kakou, Chair Wakai and Members of the Committee. My name is Teri Kia Savaiinaea. I'm the District Captain Volunteer for District 45 in Waianae. I am here today in strong support of SCR 140 and SR 158, which urges the United States Congress to call an Article 5 convention to propose certain limited amendments to the U.S. Constitution.

  • Teri Savaiinaea

    Person

    I believe this measure is crucial to ensure the power remains with the people. The founding fathers wisely included Article 5 as a tool for the states to protect our democracy when the federal government becomes disconnected with the will of the citizens. We face serious concerns and demand action such as fiscal responsibility, government accountability, and safeguarding rights, state rights.

  • Teri Savaiinaea

    Person

    An Article 5 convention would allow states to propose meaningful reforms that restore balance, ensuring our government remains transparent and responsible to the people it serves. By supporting SR 140 and SR 158, Hawaii can join other states in taking a proactive stance to uphold the principles that make our country strong. I urge you to stand for freedom and accountability. I ask please vote yes. Thank you.

  • Glenn Wakai

    Legislator

    Signe Godfrey. Has submitted testimony in support. Lorraine Nip.

  • Lorraine Nip

    Person

    Aloha, Mr. Chairman and Members of the Committee. My name is Lorraine Nip. I'm a volunteer for Convention of States. Before the framers signed the Constitution in 1787, they realized that something serious was missing in the checks and balances of the federal government. They saw the possibility that one day the federal government might grow so large and powerful that we the people would no longer be served.

  • Lorraine Nip

    Person

    Our nation clearly saw tyranny and an out of touch government during the past four years. When the wall that was nearly finished was suddenly stopped by executive order, when it became impossible to properly vet the sheer number of illegal migrant crossings and fentanyl coming in. When our own federal government battled everything that the states rightfully did to protect themselves.

  • Lorraine Nip

    Person

    Tyranny and an out of touch government is also evident when we're already more than $36 trillion in debt, yet we're still spending with a $2 trillion annual budget deficit. The framers gave us a remarkable tool within Article 5 that provides the necessary check and balance on the federal government. It gives the states, via the convention of states, the ability to bypass Congress to take back power and propose amendments that would bring back some government. Thank you for your time.

  • Glenn Wakai

    Legislator

    Thank you, Lorraine. Julie Yamato. You're on the clock.

  • Julie Yamato

    Person

    Okay. Aloha, Chair Wakai and Committee Members. My name is Julie Yamato, a proud resident of Hawaii and Convention of States district captain for the Manoa district. I urge you to vote yes on SCR 140 and SR 158 for convention of states to help restore our American freedoms. Overwhelming rising costs are impacting all of us.

  • Julie Yamato

    Person

    My eldest son, born in 1990, and his wife left Hawaii five years ago due to high rising housing costs. They now live comfortably in Japan. Meanwhile, we face a staggering 36 trillion national debt and wasteful spending on questionable initiatives abroad, like 12 million for border security and patterning while Hawaii issues go unaddressed.

  • Julie Yamato

    Person

    A convention of states can allow us to propose amendments to tackle term limits, fiscal responsibility, and federal overreach. We need your support to take action so Hawaii can lead the way in holding the federal government accountable. Please vote yes on SCR 140 and SR 158. Mahalo.

  • Glenn Wakai

    Legislator

    Perfect. Thank you. Shelby Pikachu Billionaire.

  • Shelby Billionaire

    Person

    Aloha mai kakou. Pikachu Shelby Billionaire. Back again. Chairman of the Ohana Unity Party and Kingdom of the Hawaiian Islands. I support convention of states because I don't believe in the donkeys or the elephants. And the State of Hawaii has been controlled by the blue state donkey party since 1959.

  • Shelby Billionaire

    Person

    And you're telling me I'm supposed to be, my generation born in 1982, is going to inherit all this debt? No Social Security, no medical, no dental, no housing, no lease. How the heck does the Democratic Party give opposition with their control with Nancy Pelosi? They've been in office longer than I've been alive. That is ridiculous.

  • Shelby Billionaire

    Person

    How am I supposed to get stuff done coming from Waianae? So we need to rely on the future generations who's going to inherit this stuff. The only way I can see this is to put your chips in because it's going to go to the next committee and let's see how we can do it. We got 19 states so far. You need 38, which is highly unlikely so far to be realistic with all of you. We tried this since 2019 and beyond.

  • Shelby Billionaire

    Person

    But at least we can give it a shot. Because Donald Trump is taking the money from DOE and other stuff. But at least this we can check him back because he's running executive orders all the ying yang to exsert, you know, bypass Congress. So I know you guys are Akamai. You guys can figure this out and we can work this together. Thank you. Aloha.

  • Glenn Wakai

    Legislator

    Thank you, Pikachu. Henry Curtis.

  • Henry Curtis

    Person

    Aloha, Chair Wakai and fellow Senators. I'm Henry Curtis, Executive Director of Life of the Land. There's been mention that there are 19 states that have asked for this. Some of the states have specified different things within them. They're not all the same. And yet their side says that if you get 38 states to all come up with different positions, you can put them together for one convention and then say it's not going to run away.

  • Henry Curtis

    Person

    That seems really strange. We don't know if it's going to run away. There will be no rules, no guidelines, no guard posts, no disclosure of interests, no conflict of interest. The Congress simply said would have the right to establish it and who knows what would happen. But I guess maybe the Supreme Court would have the ultimate decision. Mahalo.

  • Glenn Wakai

    Legislator

    Thank you. Sandy Ma.

  • Sandy Ma

    Person

    Good afternoon, Chair, Vice Chair, and Members of the Committee. Sandy Ma testifying in my individual capacity strongly opposing these resolutions. There's been a lot of testimony about why we need an Article 5 or convention of states, but this is playing with fire. There are absolutely no guardrails that could contain a constitutional convention. While this resolution provides some guidelines, this could absolutely be discarded when a convention of state or Article 5 constitutional convention takes place.

  • Sandy Ma

    Person

    The Supreme Court, no court will touch this issue because this is a political question and a court will not issue any decision or constrain any constitutional convention. So this is not something that we should be attempting, tempting fate with at this time. This is a very political issue. And as we could see, our political, we are very politically strained in this country. Thank you very much.

  • Glenn Wakai

    Legislator

    I have Blanca Larson.

  • Blanca Larson

    Person

    Aloha, Chair Wakai and distinguished board members. My name is Blanca Larson, and I am in support of SCR 140 and 158. I support these bills because I would like to see some accountability and the opportunity for we the people to have our voices be heard. This is the reason why I support this SCR and SR, the Senate Resolution 158.

  • Blanca Larson

    Person

    So I would like to ask you guys to work on the details, on the legal details, as I am not a professional. I is a community member, a concerned community member, but I am a volunteer with the Constitution Group. I'm trying to do my best to understand this, and I just will trust you for you guys to study these issues. Mahalo.

  • Glenn Wakai

    Legislator

    Thank you. Nicole Woo.

  • Nicole Woo

    Person

    Aloha, Chair, Vice Chair, Members of the Committee. I'm Nicole Woo from Hawaii Children's Action Network Speaks, and I am testifying in opposition to these resolutions. I've actually been tracking this since before I moved to Hawaii nine years ago in D.C.

  • Nicole Woo

    Person

    This has been a movement in many states. The Convention of States organization and movement is funded by unelected billionaires like the Koch brothers, who have a long history of undermining environmental protections, indigenous rights, and they want to gut safety net programs like Social Security and Medicare.

  • Nicole Woo

    Person

    I agree with Ms. Ma's testimony that there are no actual official guardrails on an Article 5 convention once you start holding it. But if they were to stick to what is in this resolution, the part that talks about fiscal restraints would tie the hands of the federal government to help states and help legislators like you when we do have a recession. Think back to the Great Recession of 2009.

  • Nicole Woo

    Person

    Think back to the pandemic. We needed the government, the federal government to give us the stimulus checks, to support Department of Education, because the states have to balance their budgets. So if we tie the hands of the federal government, then the states doesn't get the federal funding when we need it. So please oppose this measure.

  • Glenn Wakai

    Legislator

    Thank you. Camron Hurt.

  • Camron Hurt

    Person

    Thank you, Chair, Committee Members. Camron Hurt here representing Common Cause Hawaii as the State Director. We're going to stand largely on our written testimony. But I would add that I'm going to echo again what Ms. Ma said about the guardrails for this. There are none defined. We have our resolution, 19 states have theirs.

  • Camron Hurt

    Person

    If this is called the thing, then we're putting everything on the table. And while we all want to see certain movement from our government, especially on the federal congressional side, absolutely. There is a fear of what that could do without the proper boundaries before we go into it.

  • Camron Hurt

    Person

    So we don't want to get ahead of ourselves in doing something before we open up a floodgates. Which, you know, best case scenario, we, well, we do good hearted work and we improve our government. Worst case scenario, somebody like me is looking at being considered 3/5 of a person again. It's for that reason and more that we're asking you to oppose this. Thank you.

  • Glenn Wakai

    Legislator

    Thank you. That's all I have for those indicating they would like to testify. Is there anyone else here that would like to speak? We're going to go from left to right. Actually, can we start from the back of the room? Somebody's sign was up in the back row.

  • Ama Singh

    Person

    Aloha. Ama Singh, District 30. Thanks for the opportunity to speak to the Members today. The definition of legacy is something that you transmit from the past to the future. And one of the greatest legacies that we can actually pass to our children and our grandchildren is not money, it's not material or anything that's a combination or accumulated in one's life. It's rather based on character and faith.

  • Ama Singh

    Person

    And our founding fathers actually thought this idea together and thought it very clearly. And I believe that the having the convention state is something that they had already discussed and already thought of and that this is one of the legacies that we, in fact, can pass on to the next generation and generations after us. Mahalo.

  • Glenn Wakai

    Legislator

    Gentlemen here with the red hat. Just easy for me. I'm going to go from my left to my right.

  • Brett Colbus

    Person

    Chair Wakai, Committee Members. My name is Brett Kulbis. I'm a 24 year Navy veteran and the COS Action Hawaii State grassroots coordinator representing over 9,000 petition signers and supporters. I had another speech, but I just wanted to address some of the things that we've heard. First of all, you know, I like to quote Reagan.

  • Brett Colbus

    Person

    He said, you know, liberals are very smart individuals. Unfortunately, all they know is wrong. What you've heard today from our opponents is absolutely wrong. We've handed out, everybody received information we passed out for the first six weeks of the Legislature providing the information about a convention of states.

  • Brett Colbus

    Person

    Convention of states, put it in layman's term, is just a meeting of the states to talk about potential proposing possible amendments to the Constitution. There should be no fear of people having a meeting. We have a meeting all the time. You can meet everywhere. And so I would implore you because the framers of our Constitution gave you this power.

  • Brett Colbus

    Person

    They didn't give it to Congress. They didn't give it to the courts. They gave it to you. So I urge you to vote yes, and I'll close with this question for you to ponder. How can we simultaneously say we love our children while betraying their generation and the generations yet born? Thank you.

  • Glenn Wakai

    Legislator

    Is there anyone else on this side of the room that would like to say anything? Okay, we're gonna move to this side. I'm sorry. Oh, yes, sorry. Pikachu already spoke.

  • Lisa Gibson

    Person

    Chair Wakai, Members of the Committee. My name is Lisa Gibson. I am the group leader for Indivisible Hawaii, now up to 12 chapters across the islands with 3,000 and growing members. I am asking you to vote no, strong opposition to this bill. I support Sandy Ma and Camron, our topic experts on this.

  • Lisa Gibson

    Person

    I'm asking you to protect Hawaii and democracy. When I first became involved with Indivisible back in 2017, at that point, the Koch brothers were paying people to come around and talk to the neighborhood boards about this effort. At that point, it was just about a balanced budget resolution.

  • Lisa Gibson

    Person

    Well, that has now evolved into something called Project 2025. What will happen if there is a constitutional convention is what we see happening now with the evisceration of our government and our democracy will go on warp speed. I beg you to say no.

  • Lisa Gibson

    Person

    I'm asking you to protect Hawaii and our citizens here and do not pave the way for the billionaires to give themselves the biggest tax breaks going. The one percenters. On whose backs? On our backs. Social Security, whatever. I'm asking you to vote no. Thank you.

  • Glenn Wakai

    Legislator

    Is there anyone else in the room wishing to testify?

  • Yong Yuvali

    Person

    Chair, Vice Chair, and Members of Committee. My name is Yong Yuvali and I'm testifying just representing myself. I am in strong opposition of this resolution. I was in opposition years ago when the bill was also introduced for exactly what Sandy Ma said. This is political. There's no guardrail.

  • Yong Yuvali

    Person

    And I'm afraid of hundreds of years of tough work that went into our Constitution having no guardrail to protect. Like Camron said, in my case, I will have no voting rights as a woman. I'm an immigrant. I don't even want to think about what rights I will not have. So please do not pass this resolution. I beg you. Thank you.

  • Glenn Wakai

    Legislator

    Thank you. Is there anyone else wishing to testify? Please.

  • Unidentified Speaker

    Person

    Thank you, Senator Wakai and guests. This is coming directly text from Article 5. It sets forth procedures for amending the Constitution. Most of the article's text addresses the proposal and ratification of amendments. Two sentences at the end of the article make certain subjects unamendable. Since the founding, Congress has used Article 5's procedures to propose 33 constitutional amendments.

  • Unidentified Speaker

    Person

    The states have ratified 27 of those proposed amendments, which include the first 10 amendments, known as the Bill of Rights, thereby making them part of the Constitution. Article 5 also sets forth two methods for states to ratify amendments to the Constitution. Congress determines which method the states must follow in order for proposed amendments to become effective.

  • Unidentified Speaker

    Person

    The first method of ratification requires 3/4 for the state's legislators to ratify an amendment to the Constitution. Alternatively, Congress may require that 3/4 of states ratifying conventions approved a proposed amendment. Congress has specified this second mode for amendment only once for the 21st Amendment, which repealed the 18th Amendment establishing prohibition. Thank you and please vote for these resolutions.

  • Glenn Wakai

    Legislator

    Is there anyone else in the room wishing to testify? Okay, I understand, IT, there's someone online that would like to testify.

  • Committee Secretary

    Person

    Yes, Chair. We have Michael Fame on Zoom.

  • Glenn Wakai

    Legislator

    Oh, okay.

  • Michael Fame

    Person

    Hi. Can you hear me?

  • Glenn Wakai

    Legislator

    Yes, we can hear you. Cannot see you though. But go ahead, Mr. Fame.

  • Michael Fame

    Person

    Okay, so I'm for this resolution. I submitted written testimony. Basically, the difference between the two methods is just simply the first step, where it's either Congress proposing an amendment proposal or the state legislatures proposing an amendment proposal.

  • Michael Fame

    Person

    So any state who's not for it, you're basically saying that you just want Congress and the federal government to propose an idea, and you just want to get that back and either accept it or reject it. Not that you guys, as the state legislatures who are the closest to the people, can actually propose an idea.

  • Michael Fame

    Person

    This is why Abraham Lincoln actually mentioned convention of states and his inaugural address. And he prefers this method because it's the closest to the people. He didn't like the idea with the other method that we've usually used that it's just the states either, you know, accepting or rejecting.

  • Michael Fame

    Person

    And it's been clear, based on George Mason and Alexander Hamilton in Federalist 85, that they just say Congress calls the convention. That means they just give, you know, the date, they give the location. But Hamilton says nothing else is left to that body. So this process is for you guys. It's for the state legislatures.

  • Michael Fame

    Person

    It's a way that we can get reforms and amendment proposals that go as a check to the federal government where the federal government won't check themselves. If we look at the amendments that have been ratified, it's always about somebody else, the President or the states. There's really no amendments where it's about Congress doing, you know. Sure.

  • Michael Fame

    Person

    And then I would just say also that this amendment proposal and this process is for everybody. It takes 38 states to ratify. So even with Democrats, if there's certain things you don't like, you know, about the current administration with how executive orders are used or maybe how the pardoning power was used.

  • Michael Fame

    Person

    The subject of limiting the power and jurisdiction of the federal government is a topic that you could bring those kinds of proposals to bring about reforms that you would like. So this is for everybody. And it takes bipartisan support to get any amendment in the constitution.

  • Glenn Wakai

    Legislator

    Thank you, Mr. Fame. IT, is there anyone else online?

  • Committee Secretary

    Person

    No other members present.

  • Glenn Wakai

    Legislator

    Okay, thank you, Trent. Members, any questions of those who have testified? Senator Richards.

  • Tim Richards

    Legislator

    Thank you, gentlemen. You made a comment this is just to convene a meeting. So why don't you?

  • Brett Colbus

    Person

    Because in order to convene the meeting, Congress has to call it, per Article 5 of the Constitution. They can...

  • Tim Richards

    Legislator

    But don't we have a right to assemble anyway? So couldn't you convene a meeting anyway?

  • Brett Colbus

    Person

    Not according to the Constitution. In order to convene the meeting to be able to propose amendments to the Constitution, It's got to be. So it's done through you, the states legislators calling for it.

  • Tim Richards

    Legislator

    So this isn't just a meeting then, this is actually procedural?

  • Brett Colbus

    Person

    Well, yeah, it will be procedural.

  • Tim Richards

    Legislator

    Thank you.

  • Glenn Wakai

    Legislator

    Thank you. Any further questions? Senator DeCoite.

  • Lynn DeCoite

    Legislator

    Sir, can you come back please? So, I know that you talked about convening a meeting as you gather and you folks try to prioritize. And if you're looking at trying to address this, you have congressional leaders. As you convene your meeting, why not meet with them and have that discussion, as you have congressional leaders that have been voted in on behalf of Hawaii with the democracy and the right to vote, which really gives you the power to put those people in elected office to try and address it.

  • Brett Colbus

    Person

    I understand your question, but this is, this is bypassing Congress. Because we know, you know, you've seen it. Congress can't figure out how to pass a budget. And you're expecting two thirds of Congress to call for to pass an amendment to the Constitution. It's never going to happen unless it's a widely nationwide push to do this. This bypasses, it allows the states to call for a Article 5 convention to propose amendments to the Constitution. Not working through Congress.

  • Lynn DeCoite

    Legislator

    So why should the state step in in a congressional matter? In this case, to make, to make that fight when I believe you folks have broad support with the other states, If I'm not mistaken, what I'm hearing right now.

  • Brett Colbus

    Person

    Well, per the Constitution, it requires three fourths of the states to call the meeting. This is how the, our framers set it up. They knew that Congress was going to be eventually could get out of control and the federal government do things they weren't allowed to do and they needed an option where the states, which, what they thought was the proper way to be able to bypass Congress to propose amendments, to rein them in.

  • Lynn DeCoite

    Legislator

    So my thought has always been the power to the people to vote in those people who you support that will address those issues based at that congressional level, not at the state level here. And that's all I really have to say, Chair.

  • Brett Colbus

    Person

    Well, I would agree, you know...

  • Glenn Wakai

    Legislator

    I don't think that was a question. Thank you. Is there anyone else to ask questions?

  • Lynn DeCoite

    Legislator

    I have a question for Sandy Ma. So Sandy, I'm trying to understand, you know, if a convention of the state is convened, you know, as you guys alluded to earlier, is there any limit on what it can consider? Or according to your testimony, can the whole Constitution be rewritten?

  • Sandy Ma

    Person

    Thank you, Senator. It is our contention that there is no limit as to what can be considered, that it would be an open convention. I know that this resolution proposes certain issues to be considered, but that is just the state. But other states can propose different issues, and then it would be open to all the issues. And I know that there is a difference. But legal scholars have said that the whole Constitution would be open to be rewritten and thrown out and everything would be open to be rewritten.

  • Lynn DeCoite

    Legislator

    Thank you. Thank you, Chair.

  • Glenn Wakai

    Legislator

    Your welcome. Any further questions? If not. Thank you. We're going to move on to the last two items on this agenda that they are Senate Concurrent Resolution 124 and Senate Resolution 104. This is regarding permitting. We have Jimmy Tokioka, D or Dane Wicker.

  • Dane Wicker

    Person

    Good afternoon, Chair, Members of the Committee. We stand on our testimony on comments. But we, we do see the potential in having this resolution. I know there are questions and challenges with the permanent process.

  • Dane Wicker

    Person

    So going this path and establishing a working group or task force will help us understand what type of projects that are and what purview that falls under the State and or the county. So mahalo for allowing us to testify.

  • Glenn Wakai

    Legislator

    Thank you. Thank you, Dean. Leo Asuncion or someone from the PUC. Oh, Leo's here.

  • Leo Asuncion

    Person

    Good afternoon, Chair, Vice Chair, Members of the Committee, Leo Asuncion, Chair of the PUC. We'll stand on a written testimony in support of the resolution as echoing Deputy Director Wicker. Think this is needed at this time to convene a task force. We do have.

  • Leo Asuncion

    Person

    Just looking at the purview of the PUC, we do have, you know, projects that are coming online and we've seen where different types of permits and the length it takes, right, can stymie those projects from moving forward in an efficient manner. So trying to figure out how, not so much streamlining. Right.

  • Leo Asuncion

    Person

    I look at this resolution as trying to figure out how we can all do our jobs in an efficient manner and get these projects for economic development purposes going.

  • Glenn Wakai

    Legislator

    So with that available for any questions, Dan Orodenker from the Land Use Commission has submitted testimony, actually commentary. Dean Minakami from the Housing Finance Development Corporation. Okay, that's all I have for those indicating a desire to testify. Is there anyone else wishing to testify in these two resolutions, if not Members any questions?

  • Lynn DeCoite

    Legislator

    Questions for [unintelligible], please. So. So, Dane, since this resolution only has representatives from government, wouldn't this be like preaching to the choir since the permitting agencies are all trying to do it, expediting their process.

  • Dane Wicker

    Person

    Would that be at the county level too, the permanent agencies. I think. Let me see if there's a solution. Give me a minute. That has language that allows us to add Members. I know it does list several state agencies. What has no, this, the county to serve as Members. So you would welcome the county as well.

  • Lynn DeCoite

    Legislator

    Okay, so, so who would be the lead agency establishing the task force?

  • Dane Wicker

    Person

    That would be the House serve as the Chair of the task force.

  • Lynn DeCoite

    Legislator

    Oh, so they would be serving as the chair?

  • Dane Wicker

    Person

    Yes.

  • Lynn DeCoite

    Legislator

    Okay. Thank you. Thank you. Chair.

  • Glenn Wakai

    Legislator

    Welcome. Any further questions? If not, we're going to take a brief recess. Welcome back. We are reconvening the Committee on Energy and Intergovernmental Affairs for decision making on our three o' clock agenda on this March 20th Thursday.

  • Glenn Wakai

    Legislator

    On the first measure, HB 1295 relating to clean energy, the decision has been made to pass this measure out as is. It already has a defective date and we'd like to take full advantage of these tax credits that are available for our clean energy aspirations. So the recommendations to pass as is. Any discussion? If not Senator Chang I'd vote yes.

  • Stanley Chang

    Legislator

    Chair's recommendation for HB 1295 that's to pass unamended. [Roll call]. The recommendations adopted.

  • Glenn Wakai

    Legislator

    For the next two measures, Senate Concurrent Resolution 140 and Senate Resolution 158 regarding convening a convention of states. Chair has talked to Members and we have decided that we would like to defer both of these two resolutions. The last measure on this agenda is Senate Concurrent Resolution 124 as well as Senate Resolution 104.

  • Glenn Wakai

    Legislator

    This is to speed up the government regulatory and permitting process. I'd like to pass this measure out with amendments, but those amendments are just technical and non substantive in nature. Any discussion? If not Senator Chang I vote yes.

  • Stanley Chang

    Legislator

    Chair's recommendation for SC 124 and SR 104 is to pass with amendments of the Members present. Are there any objections or reservations? Seeing none. The recommendation is adopted.

  • Glenn Wakai

    Legislator

    Great. Thank you everyone. We're adjourned. We're calling to order the 302 Agenda for the Committee on Energy and Intergovernmental affairs on this Thursday March 20th at 3:02 in the afternoon.

  • Glenn Wakai

    Legislator

    This is just decision making on a bill we heard last week for the discussion. Members, you may remember that earlier this week we had a discussion about who exactly would this bill affect and it was made known that we really only want this to be applicable to the island of Oahu, the County of Honolulu.

  • Glenn Wakai

    Legislator

    So let me tell you what the suggested amendments are, we're going to, first of all, retain the language of the measure so it only applies to counties with a population over 500,000. We will add language to ensure that the restrictions in this measure shall exclude vehicles using the left lane when overtaking another vehicle turning left.

  • Glenn Wakai

    Legislator

    And for public transit, school buses and emergency vehicles as defined in section 291C-26, we will insert language to state penalties shall be blank for the first offense, blank for the second offense, blank for the third offense, and blank or traffic safety courses for the third offense within three years of a previous offense.

  • Glenn Wakai

    Legislator

    And the final amendment will be that we will amend the current language to restrict vehicles over 10,000 pounds, and those towing another vehicle or trailer from the left lane on roads with three or more lanes going the same direction instead of basing restrictions on speed. So those are the four suggested amendments. Members, any discussion?

  • Tim Richards

    Legislator

    Chair, I appreciate that, cleaning that up and all of what you just discussed makes a lot of sense, so I definitely support it.

  • Lynn DeCoite

    Legislator

    Thanks for your input Chair. Same thing, you know, appreciate the cleanup on the bill. I think it's super helpful on the neighborhood so that we keep it in Honolulu.

  • Glenn Wakai

    Legislator

    Thank you. Okay, good. We want to make everyone happy. If no further discussion, Senator Chang, I vote yes.

  • Stanley Chang

    Legislator

    First recommendation for HB 229 is to pass with amendments. [Roll call]. The [unintelligible] a go.

  • Glenn Wakai

    Legislator

    Thank you, Members.

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