Senate Floor

Will the Senate please come to order? Madam Clerk, please call the roll.

[Roll Call] 24 present. One excused.

Thank you. The Chair's read the journal of the preceding day and approves the same. Are there any introductions this morning? Senator Keohokalole.

Thank you, Mr. President. It's Hawaiian Day at the capitol, so I'd like to start by saying Mahalo to the Office of Hawaiian Affairs, especially their staff who helped to put this together and all the partners who have come out to participate. Please join them on the 4th floor if you have a chance. I'd also like to take this moment to introduce several of the Office of Hawaiian Affairs trustees who are with us in the gallery today. Keoni Souza, vice chair, trustee at large.

Brickwood Galuteria, trustee at large. And Kaleihikina Akaka, OHA trustee. Also, we have Makiʻilei Ishihara and... Oh, and then I would also, and then advocacy staff including Leinaʻala Ley. Please welcome them. I would also like to introduce Riley Jose again, our speaker today, who did a very, a very nice job.

We talked yesterday and I asked her if she was, you know, scared of the moment and she said yes. And I said, that's good. That's exactly why you should do it. You should do scary things. You'll be happy after it's over. So good job. Congratulations on a well done speech. I'd also like to introduce her mother, Amy Jose. And then I have several other office interns. Oh yeah, sorry. And then her professor, Dr. Brenda Machosky. And she's also joined by Akamu Campbell, Toni Tynanis, and Haleina Beltran. They here? Yes. Okay.

Now I'd like to introduce, with your indulgence, my office staff because they came down to watch her give her presentation. My office manager Jules Peleiholani, clerk Jaymee Weisberg, Brin Jaffe, Elizabeth Matsumoto, Tyler He. I also have other, I have five interns this year. We got plenty of interns. Greg Cachero, Madison One, and Nilan LoPresti. And then a very special constituent who is joining me in the office today because there is no school. Aria Keohokalole please rise and welcome to the Senate.

Further introduction? Senator Fevella, and then Senator Kanuha.

Thank you, Senate President. Just wanted to introduce my nephew. He adopt me a couple years ago. So he's always been around. He's not in school as you guys can tell. Visiting me in my office. And then just wanna give him a welcome to our state capitol and then my staff who had Dion with him. Welcome to your state capitol. Thank you, Senate President.

Senator Kanuha.

Oh, wait. Did I say his name? No. I didn't. Right? Sorry. Jonathan Reyes Oda. Give him a hand.

Thank you. Senator Kanuha.

Thank you, Mr. President. Today, we also have students from Kauai, Hawaii Technology Academy. If you could please stand as well as your advisor, Shaughnessy Denton, please stand and be recognized. And again, welcome to the Senate. This is on behalf of, you, Senate President.

Thank you for being here. With your indulgence, I'd also like to introduce other students from Hawaii Island. Today we are also excited to welcome students visiting from Hawaii Island to celebrate Hawaiian Day at the capitol. When your name is called, please rise. And audience kindly hold your applause until all guests have been introduced.

We have from Volcano School of Arts and Sciences, in the gallery, Daly Cabreros. We have Leahi Kaava. And the students are accompanied by Principal Kalima Kinney as well as TL Doubt. I hope I got that right. Welcome to the Senate. Mr. President, I now turn it over to the Senator from Hilo to introduce students visiting from District 1.

Senator Inouye.

Thank you, Mr. President. And thank you, Mahalo, Senator Kanuha, as well. Colleagues, I'm also honored to welcome students from my district in Ka ʻUmeke Kāʻeo in Hilo. And when your name is called, students, please hold your, please rise. And for those of you, please hold your applause until they're called. Panua Gomes. Ala Kai Kalikio. Ha'a Hu Lee.

And these students are accompanied by their chaperone, Louisa Lee. Welcome to the Senate. Additionally, visiting from Kua O Ka Lā, also in my district, we welcome six guests joining us today. Please stand when you hear your name as well and hold the applause. Kalei La Abilei, Felix Orr, Meli Pu'Lee Va'ati, Kavai Brandy Gonzalez, Robert Vieira, Jeremiah Kaneshiro, and accompanying the students is their chaperone, Shauna Oitaki. Please join me in a warm applause. Thank you. You may be seated. And next, we'll have the Senator from Waimea introduce visitors from his district as well. Mahalo.

Senator Richards.

Thank you, Mr. President, and thank you, Senator Inouye. Visiting from Upcountry Waimea Middle School, we have Riley Irwin and Jewel Valencia Abomere accompanied by Principal Janice English. Are we, we are here. Welcome to your Senate.

Senator Elefante.

Thank you, Mr. President. Joining us in the gallery are folks from Pearl City, accompanied by their dad, Kekoa McClellan. They're right above us. We have Arabella Rose McClellan, Emma Sophia McClellan, and Brenton Thomas McClellan. Please give them a warm welcome.

Further introduction? Senator Rhoads.

Thank you, Mr. President. I see in the gallery a former committee clerk of mine, Imiloa Borland. I don't know why she wanted to go to a permanent job that paid twice as much, but there she is in OHA.

Further introduction. Senator Kanuha?

Thank you, Mr. President. I also failed to introduce another very important member from Kauai. Your speaker of the house, Auntie Joy Kouchi. Please stand and be recognized.

Further introductions? If not, Madam Clerk, before starting with the rest of the agenda, I would let Riley know this morning when I met with the students from Kauai, we were talking about how to find your path or where your future lies and what an appropriate contemplation that you had that spoke directly to what we were just talking about before we came down. So thank you to you and to the students from Kauai. You picked a great day to visit. Madam Clerk.

Departmental communication numbers 183 to 193 transmit various reports.

Filed.

Beginning on page four, standing committee report numbers 2233 to 2270 for adoption.

Senator Wakai.

Mr. President, I move for the adoption of standing committee reports numbers 2233 to 2270.

Senator DeCorte.

Mr. President, I second the motion.

It's been moved and seconded. Is there any discussion? Any objections? If not, the motion is carried.

On page eight, third reading. Third reading of Senate Bill 2203, Senate Draft 1, relating to law enforcement.

Senator Rhoads.

Thank you, mister president. I wish to offer a floor amendment to SB 2203 SD 1.

Madam clerk, please identify the amendment.

Floor amendment number one, proposing an amendment to Senate Dill 2203 Senate Draft 1, copies of which have been distributed to the members.

Senator Rhoads.

Thank you, mister president. I move that floor amendment number one be adopted.

Senator Gabbard.

I second the motion.

It's been moved and seconded. Is there any discussion? Senator Rhoads?

Thank you, mister president. The bill when we moved the bill out of committee, out of the Judiciary Committee, we had intended to include language that was suggested by the Honolulu Police Department and it was inadvertently left out in this report and this puts it back in the bill. Mahalo.

Is there any further discussion? Any objections? If not, the motion is carried. Floor amendment number one has been adopted. Forty eight hour notice is hereby given for third reading of Senate Bill 2203 SD 2.

Referrals and re referrals.

Referrals and re referrals are made in accordance with any supplemental orders of the day that may be filed later today.

No further business, mister president.

Are there any announcements today? If not, the chair has won pursuant to Senate rule 21 that. Oh, Senator Keohokalole.

Thank you, mister president. I rise on a point of personal privilege.

And you told me you're gonna do that. My apologies. Please proceed.

Thank you very much. On Wednesday, February 11, the Senate Committee Environment held a joint hearing with the Committee on Commerce and Consumer Protection regarding SB 2760 relating to invasive species. During the hearing and testimony on that measure, the Department of a a testifier representing the Department of Agriculture and Biosecurity freely admitted that DAB has been letting agricultural goods infested with pests that inspectors had determined were only lightly infested to enter the state of Hawaii.

When questioned by the committees where the department derived the authority for that discretion to admit infested articles, the testifier could not answer. This is despite the mandate of HRS section 150A-7 that states articles with pests shall be refused admittance.

The department representative simply said that, the reason why that policy has been instituted, in direct violation of their statutory mandate is that that was the policy that has always been used by the department. This is especially alarming because without any additional context, it appears as if the policy implemented by the Department of Agriculture and Biosecurity for incoming infested goods has not changed in posture since this law was enacted in 1973.

As a result, pursuant to Rule 86 of the twenty twenty five-twenty 26 rules of the Senate, I am hereby requesting all documents that were referenced in the Department of Agriculture and Biosecurity's February 11 oral testimony, including internal policies, standards of procedure and training manuals, and any other, documents that violate statutory authority relating to infested goods entering ports of entry. This should include documentation on policies and procedures that existed before and after the enactment of 150A-7 in 1973.

Mister President, invasive species are one of the largest threats to our economy, agriculture, and natural environment.

That's why this Senate and the legislature have taken aggressive steps over the last several years to provide funding and to change the structure and nature of the Department of Agriculture. So I was frankly shocked to see in a public hearing in the Senate a member of that agency openly admit that their standard policy is to violate their statutory mandate. Even worse, he seemed completely unaware that they had been violating it to begin with. And simply said, we're following the policy we always have.

This, I think, is a glaring example of why we have an invasive species problem in the state of Hawaii.

And we should get to the bottom of it. If there is a shadow policy that completely violates state law, then we should know about it so that we can address it in this body. Thank you for your indulgence.

Thank you. Again, the one announcement pursuant to senate route 21, the notice for any meeting to be held on the first workday of the week shall be filed no later than 4pm on the last day of the prior week. Therefore, please file any hearing notices for committee hearings on Tuesday, February 17 with the clerk's office by 4pm this afternoon. Senator Inouye?

Thank you, mister Perserton. Point of personal privilege.

Please proceed.

Whoever gave us women, I believe, some candies. And we thank you, whoever is the promising person that gave the women some candies. And happy Valentine's Day. Oh, the men got too? Okay.

Thank you. Alright. Happy Valentine's Day, everybody.

Thank you. A week late, but Senator Kim, I do have my red shirt on today. Senator Wakai.

Yes. Men need love as well. I move the Senate stand adjourn until 11:30AM Tuesday, February 17.

Senator DeCorte. Mister President, I second the motion.

It's been moved and seconded. If there are no objections from the members, the Senate will stand adjourned until 11:30AM Tuesday.