Senate Floor

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

[Roll Call]. 23 present. 2 excused.

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

Thank you, Mister President. Colleagues, today is Alzheimer's Advocacy Day here at this capital. Around one of every nine persons aged 65 or older, or over 70,000,000 Americans, are living with Alzheimer's today. The Alzheimer's Association of Hawaii provides a lifeline for families and caregivers across the islands offering critical support services, care resources, and education for those affected. Today in, in the gallery, we have advocates from across our state to participate in the Advocacy Day which will be held in the auditorium until 4PM.

They are led by, executive director LJ Duenas and public policy leader, Colby Chock. So Colby, can you say hello? Thank you. And we did wanna recognize some of our neighbor island advocates, and who are visiting here and who had to fly in today. So on behalf of you, Mister President, from Kauai, we have Ruth Savage and Cindy Fowler.

Please stand when I call your name. And from my home island of Maui on behalf of myself, Senator DeCoite, and Senator McKelvey we have Scott Quarterman here with us today. Please rise. I'd now like to yield to my colleague from Dis, District 3 to introduce some of the Hawai'i island advocates.

Senator Kanuha?

Mahalo, Mister President. From Moku O Keawe we have Joel Hitner. And please rise and hold your applause until the end. Leslie Hitner, Nicola, Nicholas Los Banos, Peter Black, Barbara Black, and Gordon Tataki here in the gallery. Please get, get, give them a warm round of applause.

Mister President, I would like to yield the floor back to the Senator rep, representing District 5.

Senator Hashimoto?

Thank you advocates for being here. I also wanna ask all of the Oahu advocates to please rise. And thank you for being here. Thank you. And at the appropriate time, Mister President, I'd ask if all those names of the Oahu advocates be inserted into the journal?

So ordered. Further introduction, oh?

And secondly, Mister President, I'd also like to introduce on behalf of the Maui delegation as well, we have our Maui police chief, John Pelletier, and officer Mike Waitulala. Please stand and be recognized along with Melissa Pavlicek. Thank you for being here, and welcome to your Senate. Thank you, Mister President.

Thank you. Further introduction, Senator Rhoads?

Thank you, Mister President. Just wanted to introduce a couple of people who are here for the judiciary votes. In the gallery is acting Chief Justice McKenna, I believe, please stand, and administrative director Brandon Kimura and Deputy director, Deputy Director of the Courts, Dalen Rose Heather.

And I think also I saw up there retired district court judge, Summer Ku, Kupau Odo. If you could all stand and be recognized. Mahalo.

Further introductions? If not, Senator Richards?

Mahalo, mister president. Today on the Senate floor, we are honored to welcome several distinguished guests who have joined us in recognition of a significant milestone for one of Hawai'i's most impactful native Hawai'ian institutions. Joining us today are Ray Sun, one of the founding members of the organization formerly known as the Council for Native Hawai'ian Advancement, now known as Hawai'ian Council, along with the organization's Chief Executive Officer, Kuhio Luis. They are accompanied today by members of the board of directors, Carroll, Chief of Staff, excuse me.

Nick Carroll, chief of staff, Board Members Jacob Aki, and Kevin Chang.

If you'd please stand and be recognized, and please remain standing during the rest of the presentation. I rise today to recognize and celebrate the twenty-fifth anniversary of Hawai'ian Council, an organization that for a quarter century has served as a steadfast advocate for the advancement, resilience, and well-being of native Hawai'ian community throughout our islands and across the broader native Hawai'ian disaster, dispora.

Founded in 2001, the Native Hawai'ian Council, Hawaii'an Council today, was established with a clear and purposeful mission to strengthen the cultural vitality, economic opportunity, political voice, and community development of the Native Hawai'ian. What began as a focused effort to elevate Native Hawai'ian priorities has, over the past twenty five years, grown into one of the most influential Native Hawai'ian organizations in the state and the nation. Its trajectory demonstrates what is possible with visionary leadership, community partnership, and cultural grounding converge in service with the Lahui.

Much of this success can be attributed to the extraordinary leadership that has guided the organization over the years. Under the stewardship of leaders as Robert, Robin Danner, Michelle Kauhane, and CEO Kuhio Luis, together with the dedication of engaged and thoughtful board of directors, the Hawai'ian Council has consistently championed policies and programs that advance the native Hawai'ian's self-determination and self-sufficiency.

The work has ensured that the priorities of the Lahui remain centered in the organization's initiatives and that the values, traditions, and aspirations of native Hawai'ians continue to inform its long term vision for its future. Equal important in the council's ability to convene communities, foster collaboration, and serve as a bridge between grassroots organizations, policymakers, cultural practitioners, and community leaders.

Though this, through this work, the Hawai'ian Council has helped strengthen the collective capacity of native Hawai'ian's institutions while advance inclusions grounded in the 'ike kupuna and community wisdom.

At this time, I would like to turn the floor over to Senator from Kaneohe representing Senate District 24 who will speak to the organization's economic initiatives and its broader contributions to community empowerment.

Take one moment. As an older individual, if you are fine to remain standing, but there are, like, eight more pages of your accomplishments, or if you are more comfortable and would like to be seated as you listen to all the wonderful things you've done, you know, make your choice. Senator Keohokalole.

Thank you, Mister President. Well, yeah, please, please be seated because I would like to recognize one, particular member of the board. Mister Aki is not seated with us here today, but also, representing Hawai'ian Council's Board of Directors is Makalika Nahoala'a. Thank you so much for joining us. And, Mister President, the Hawai'ian Council has distinguished itself not only as a cultural and policy advocate, but also as a powerful engine for economic empowerment within the native Hawai'ian community.

Through its work as a native community development financial institution and as a HUD certified housing counseling agency, the organization has significantly expanded access to capital, financial education, and housing resources for native Hawai'ian individuals, families, and entrepreneurs. These initiatives have provided tangible pathways toward economic resilience for communities that have historically faced structural barriers to opportunity. By offering culturally informed financial services, technical assistance, and business development support, the Hawai'ian Council has helped empower individuals to build businesses, strengthen family stability, and participate more fully in Hawai'i's economic future.

Beyond these services, the organization has developed a comprehensive ecosystem of opportunity through initiatives such as its small business accelerator, its trades academy, and its expanding marketplace platforms. These programs not only nurture entrepreneurship but also cultivate workforce development and create sustainable career pathways for native Hawai'ians and local residents alike.

Equally noteworthy is the Council's unwavering commitment to culture as a central pillar of its work. The organization has actively elevated native Hawai'ian voices and perspectives in industries that shape how Hawai'i is experienced and understood around the world. By supporting native Hawai'ian visitor-led experiences, native Hawai'ian-led visitor experiences, excuse me, cultural productions and educational initiatives, the Hawai'ian Council has contributed to transforming Hawai'i's visitor industry to a more regenerative and culturally respectful model.

At the same time, the Council has supported critical efforts to repatriate Iwi Kupuna and other native Hawai'ian cultural artifacts. These efforts reaffirm the sacred Kuleana we share to honor our ancestors, protect our cultural patrimony, and preserve the integrity of our heritage for future generations.

At this time, I'd like to turn the floor over to my colleague from Molokai representing Senate District 7.

Senator DeCoite?

Thank you, Mister President. And, of course, mahalo. Going off script a little bit. Ray, it's been many January since I saw you. You've just trailblazed our native Hawai'ians so far.

Thank you for your leadership. In moments of profound challenge, the true character of an organization is, is revealed through its actions. Time and time again, the Hawai'ian Council has demonstrated remarkable leadership and compassion and responsiveness in serving the needs of our communities during periods of crisis. During the COVID-19 pandemic, when uncertainty and economic disruption affected families across the islands, the Council mobilized quickly to provide critical support to targeted small businesses, assistance programs, financial guidance, and community outreach services.

The organization helped ensure the native Hawai'ian entrepreneurs and vulnerable families were not left during an extraordinarily difficult period.

More recently, following the devastating August 2023 wildfires on Maui, the Hawai'ian Council once again stepped forward with urgency and compassion, working in partnership with community organizations, philanthropic partners, and public agencies. The Council helped coordinate emergency housing solutions, rental assistance programs, and comprehensive wraparound recovery services for individuals and families who had lost homes, livelihoods, and in many cases, loved ones. These efforts demonstrated not only logistical capacity, but also a deep commitment to community centered recovery rooted in dignity, cultural sensitivity, and long term resilience.

The Council's ability to convene and connect the native Hawai'ian community is also reflected in its annual native Hawai'ian convention. Over the years, the gathering has grown into one of the largest assemblies of native Hawai'ians in the nation.

It serves as more than a conference. It is a space where culture is celebrated, policy ideas are debated, relationships are strengthened, and collective vision for the future of the Lahui is thoughtfully and intentionally shaped. At this time, I would like to turn the floor over to my colleague from Hawai'i Island representing Senate District 3 who speak to the broader impact and culture engagement of the Hawai'ian Council.

Senator Kanuha?

Mahalo, Mister President. Today the the Hawai'ian Council stands as one of the largest and most influential native Hawai'ian organizations around, as was spoken before. With a workforce of more than 400 employees and an extensive network of partners and collaborators, their organization serves as a unifying force that connects leaders, institutions, and community, communities across Hawai'i and on a national level. Yet, the Council's success cannot be attributed to leadership alone.

It is a product of the tireless dedication of the staff, the energy and commitment of interns and volunteers, the guidance of a thoughtful board of directors, and the support of members, of a membership community that now includes more than 1,400 individuals and organizations.

Together, these individuals contribute the collective wisdom, experience, and cultural grounding, and continue to shape the Council's direction and priorities. As we reflect upon the past twenty-five years, it is evident that the Hawai'ian Council has played a vital role in strengthening the social, cultural, and economic fabric of our islands. Its work embodies a broader commitment to ensuring that the knowledge systems, traditions, and aspirations of native Hawai'ians remain central to Hawai'i's future.

The organization's efforts remind us that the community development, when guided by culture integrity and collective responsibility, can create pathways towards a more equitable and resilient future for all who call Hawai'i home. At this time, I would like to turn the floor back over to my colleague, the Senator from Kohala.

Senator Richards?

Thank you, Mister President. In full view of Hawai'ian Council's sustained engagement and accomplishment, colleagues, it is with great respect and appreciation we acknowledge this important milestone. On behalf of the Hawai'i State Senate, I extend our sincere graduate, congratulations to the Hawai'ian Council for twenty-five years of dedicated service and our deep gratitude for its continued commitment to empowering present and future generations of native Hawai'ians. Please join us for a round of applause celebrating this momentous occasion. Thank you, Mister President.

Thank you, Senator Richards. Normally, we try to get through the agenda, adjourn, and then congratulate and take pictures, but, Kuhio reminded me they have an appointment next door at noon to also be recognized by the lower chamber. And so I am going to call for a recess and ask our members to greet, congratulate, and then pose for pictures so that you can keep your appointment. If there are no objections, short recess.

Will the Senate come back to order? Madam Clerk?

House communication numbers 472 to 480, return various Senate bills that passed third reading in the House in an amended form.

Senator Wakai.

Mister President, I move that the Senate disagree to the amendments proposed by the House to said Senate bills.

Senator DeCorte.

Mister President, I second the motion.

It's been moved and seconded. Is there any discussion? Any objections? If not, the motion is carried. Conferees may be named at a later date.

House communication number 481 transmits House Concurrent Resolution number 187, House draft one, which was adopted in the House for referral to committee.

So ordered.

Beginning on page four, standing committee report numbers 3432 to 3459 for one day notice.

So ordered.

On page 12, advise and consent.

If there are no objections from the members, we will be taking advise and consent, on consent.

Standing committee report number 3439 on judiciary communication number 23, Kirsha Kaulukane Milianani Durante, judicial nominee as judge for the District Court of the First Circuit for adoption.

Is there any discussion? Senator Rhoads?

Thank you, Mister President. I rise in support of judiciary communication number 23.

Please proceed.

Thank you. Kirsha Kaulukane Milianani Durante is an experienced attorney who has been appointed to a newly created district court position based on our efforts last session that resulted in Act 231. Miss Durant is currently the litigation director for the Native Hawai'ian Legal Corporation. She has worked for the organization for five years, first serving as a senior staff attorney from the Ohana Services Team Litigation Director--I'm sorry--then the Ohana Services Team Litigation Director, and now as NHLC's Litigation Director.

In this role, she oversees all legal work, supervises nine attorneys, and manages her own caseload.

Previously, for fifteen years, Miss Durante was a public, a deputy public defender in the Honolulu office where she handled more than 60 jury trials and 100 bench trials. She drafted appellate briefs and presented oral arguments before the Hawai'i Supreme Court and the Intermediate Court of Appeals. She was also a law clerk to the honorable Marsha, Marsha Waldorf, a First Circuit judge.

Miss Durante is an active member of the legal community currently serving as a nominated member of the Defender Council, a director for the Native Hawai'ian Bar Association, and a member of the Judicial Administration Committee. Miss Durante earned her Bachelor of Arts in sociology and Spanish language and literature from Brandeis University and her Juris Doctorate from the William S.

Richardson School of Law at the University of Hawai'i at Manoa, where she also received a Pacific Asian legal study certificate. Miss Durante has been licensed to practice law in the state of Hawaii since 2004.

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 Kirsha Kauluakane Milianani Durante is qualified to serve as a district court judge of the First Circuit for a term of six years and recommends that the Senate consent to the appointment. Mahalo.

Is there any further discussion? If not, do we have unanimous consent? Any reservations? Any no votes?

23 ayes.

Thank you. Kirsha Kauluakani Milianani Durante has been confirmed as judge for the District Court of the First Circuit. Senator Rhoads, that was a mouthful.

Thank you, Mister President. I'm pleased to introduce the newest district court judge for the first circuit, Kirsha Durante. Judge Durante, please stand and be recognized. Judge Durante would like to recognize our guest. When I announce your name, please stand to be recognized.

The judge's partner, Sherry Johnson, their son, Kalehua, the judge's family including her father, Kirk, and mother, Nani, her halau 'ika wakiu Ohana, including her kumu, Michael Lanakila Kasupang and Carl Veto, Vito, Vito Baker, and her friends, colleagues, and supporters, both present and watching on YouTube. If we give them all a round of of applause. Mister President, at the appropriate time, may we invite the newly confirmed judge and her and her family to the floor to congratulate them?

So ordered at the conclusion of our session today, the sergeant at arms will escort Judge Durante and her family to the floor so we may greet and congratulate them as well as the other two nominees we'll be voting on today. Madam Clerk?

Standing committee report number 3430 on judiciary communication number 24, Simeona Lynn Liliuokalani Ahuna Mariano, judicial nominee as judge for the district court of the first circuit for adoption.

Is there any discussion? Senator Gabbard?

I rise in support of judiciary communication number 24.

Please proceed.

Simeona Lynn Lilioukalani Ahuna Mariano has dedicated twenty-three years to public service in Hawai'i. Since 2016, she has worked as a deputy attorney general in the Family Law Division of the Department of the Attorney General, where she handles family court matters in all judicial circuits and represents the Departments of Health, Human Services, and Education, and Child Welfare Services, juvenile law violations, and truancy cases, as well as guardianship hearings and involuntary hospitalization hearings. She's also headed cases on appeal before the Intermediate Court of Appeals.

Before joining the family law division, Miss Mariano worked in the Department of the Attorney General's Criminal Justice Division for nine years. In that capacity, she prosecuted a range of cases, including felonies, and handled grand jury preliminary hearing and probation revocation proceedings.

Miss Mariano's career in public service began with a clerkship for the Fifth Circuit Chief Judge, the honorable George Masuoka, from 2003 to 2004, followed by three years at the County Of Kauai Office of The Prosecuting Attorney, where she was a special prosecuting attorney. Additionally, Miss Mariano is active in numerous legal organizations and currently serves as the Oahu Director for the Hawai'i State Bar Association's board of directors.

She's also a member of the Judicial Administration Committee, Government Lawyers Section, Hawai'i Access to Justice, Hawai'i Filipino Lawyers Association, and Hawai'i Women Lawyers. Miss Mariano earned a Bachelor of Science in biology with a minor in chemistry from Seattle University. She earned her Juris Doctor from the William S. Richardson School of Law at UH Manoa.

Miss Mariano has been licensed to practice law in the state of Hawai'i since 2004. 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 Simeona Lynn Liliuokalani Ahuna Mariano is qualified to serve as a District Court Judge of the First Circuit for a term of six years and recommends that the Senate consent to the appointment. Mahalo.

Thank you. Is there any further discussion? If not, do we have unanimous consent? Any reservations? Any no votes?

23 ayes.

Thank you. Simeona Lynn Liliuokalani Ahuna Mariano has been confirmed as judge for the District Court of the First Circuit. Senator Gabbard.

I'm pleased to introduce the newest District Court Judge for the First Circuit, Simeona Lynn Liliuokalani Ahuna Mariano. Judge Mariano, please stand and be recognized. And Judge Mariano would like to recognize her guests. And so when I announce your name, would you please stand and be recognized? Pono Mariano, the judge's husband, Darlene Ahuna, her mother, Harold Ahuna, her father, Serena Hanohano Maderas, her sister, and Aidan Hanohano Maderas, her nephew.

Please give them a round of applause. And, Mister President, at the appropriate time, may we, invite them to join us, and her, and her family to join us on the floor to congratulate them.

So ordered.

Standing committee report number 3431 on judiciary communication number 25, Andrew Michael Kennedy, judicial nominee as judge for the District Court of the Third Circuit for adoption.

Is there any discussion? Senator San Buenaventura?

Thank you, Senate president. I rise in support of judiciary communication number 25. Andrew Kennedy is an experienced litigator who has been practicing law for over twenty years, in four different states. He has been licensed to practice in Hawai'i since 2012, licensed in Massachusetts, New Hampshire, and New York. He has been appointed to a newly created district court position resulting from Act 232 last session.

Mister Kennedy is a partner at the law firm of Schluter, Koyuk, and Kennedy LLP located in Kona. He has been an active trial practice primarily in criminal defense and has tried cases ranging from assault to murder and public corruption. He has appeared in our state circuit and district courts as well as in federal district court. He's also argued before the Hawai'i Supreme Court several times. Since 2018, he has made himself available to be a court appointed criminal defense attorney.

Prior to his tenure at his current firm, Mister Kennedy was a deputy public defender in the Keala, Kealakekua office for four years and previously private practice at firms based in New York and New Hampshire. In addition to his legal practice, Mister Kennedy is an active contributor to the legal community.

He has served as president and vice president of the West Hawai'i Bar, is currently the Hawai'i State Bar Director representing the West Hawai'i constituency, an attorney delegate to the US District Court Annual Conference since 2021, served as faculty for the state's public defender seminar, is a defense bar representative for Hawai'i Criminal Law Jury Instructions Committee, and served as a state's defend, defender counsel.

Last year, he also awarded the Hawai'i State Bar Association Ki'e Ki'e Award for outstanding provision of professional legal services at no charge for his work on a case, brought on behalf of low income public housing tenants. In fact, he has testified in the housing committee and HHSH committee on a bill to ensure that HPHA will continue to help any displaced residents.

So Mister Kennedy attended Villanova University where he received a Bachelor of Arts in '99, received his Juris Doctor from the Suffolk University School of Law in Boston, Massachusetts. After having reviewed the testimony, all of which was in strong support of the appointment, and other materials committed submitted to the committee, and having examined the appointee in a hearing, your judiciary committee finds that Andrew Michael Kennedy is qualified to serve as a district court judge of the third circuit for a term of six years and recommends that the Senate consent to the appointment.

Thank you. Any further discussion? Senator Kanuha?

Thank you, Mister President. In support.

Please proceed.

Mister President, I have written remarks that I'd like to insert into the journal in support of this confirmation. And I also urge my colleagues for their support as well.

Thank you. Further discussion? Senator San Buenaventura?

On a personal note, I also would like to note that the only negative I've seen of Andrew Michael Kennedy's appointment is that Hawai'i Island is gonna lose a highly qualified attorney, to the judiciary upon confirmation.

It's gonna be the state's gain, though. Right? Thank you. Further discussion? If not, do we have unanimous consent?

Any reservations? Any no votes?

23 ayes.

Thank you. Andrew Michael, Andrew Michael Kennedy has been confirmed as judge for the district court of the third circuit. Senator San Buenaventura?

I am pleased to introduce the newest district court judge for the third circuit, Andrew Michael Kennedy. Judge Kennedy, please stand and be recognized. Judge Kennedy would like to recognize his guests. When I announce your name, please stand and be recognized.

Lauren Kennedy, the judge's wife, and Dorothea Cipollu, the judge's aunt. Welcome to the Senate. Senate president, at the appropriate time, may we welcome Judge Kennedy and his guests to the floor for photographs?

So ordered.

On pages 13 to 18, adoption of resolutions, standing committee report numbers 3411 to 3428, and Senate Concurrent Resolution number 69 for adoption.

Senator Wakai?

Mister President, I move for the adoption of said standing committee reports and Senate Concurrent Resolution 69.

Senator DeCorte?

Mister President, I second the motion.

It's been moved and seconded. Is there any discussion? Do I have any objections to any of the resolutions? Senator McKelvey?

Sorry, Mister President. If you please note my no vote on standing committee reports 3415 and 3416.

So noted. Any other objections? Senator Inouye?

Thank you, Mister President. Please register my no vote on SCR 3, 3415, SCR 3416. Mahalo.

So noted, Senator San Buenaventura.

Thank you, Sir President. Same no vote for SCR 3415 and 3416.

Thank you. Senator Keohokalole?

Thank you, Mister President. Same request.

So ordered. Any other objections? If not, said standing committee reports and Senate Concurrent Resolution 69 have been adopted.

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.

On page 19, Miscellaneous Business, Waiver of Referral of Senate Concurrent Resolution 74, and Senate Resolution number 68.

Senator Dela Cruz?

Mister President, I request a Waiver of Referral of Senate Concurrent Resolution number 74 and seven, Senate Resolution number 68 to the Committee on Ways and Means. This waiver is being requested to meet the SCR and SR decking deadline.

The waiver is granted. One day notice is hereby given for the adoption of Senate Concurrent Resolution number 74 and Senate Resolution number 68.

No further business, Mister President.

Are there any announcements today, Senator Kim?

Thank you, Mister President. I rise to request a Waiver of the Public Notice Requirement pursuant to Senate rule 21 to hold a hearing on Senate Concurrent Resolution 78 and Senate Resolution 82. This resolution was missed when we were putting the agenda together.

The waiver is granted. Senator Kim?

Thank you. Your Committee on Education will hold a public hearing on said resolutions on Wednesday, April 8 at 01:03PM in Conference Room 229. The notice was filed in the clerk's office yesterday afternoon.

Thank you. Are there any further announcements today? Not, the chair has one. There will be a Senate leadership meeting immediately after session in Room 409. Senator Wakai?

Mister President, I move that the Senate stand adjourned until 11:30AM tomorrow.

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 tomorrow.