Senate Floor

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

[Roll Call] Present. 24 present. One excused.

Thank you. The Chair has read the journal of the preceding day and approves the same. Are there any introductions this morning? Senator San Buenaventura.

So I have, in the gallery Jacqueline Balmoris, my intern, as well as my office manager, Kamana Levy. Welcome to Senate.

Any further introductions? If not, madam clerk.

Governor's message number 814 withdraws nominations to the council on revenues.

File.

Governor's message number 1104 informs the legislature that the governor signed Senate Bill 2256 into law as act four.

File.

House Communication number 818 informs the Senate that the House discharged conferees to House Bill 2315 Senate Draft 1. House Communication numbers 819 and 820 inform the Senate that the House appointed conferees to various bills.

House Communication numbers 821 and 822 inform the Senate that the House has reconsidered its action in disagreeing to the amendments made by the Senate to various House bills.

And House Communication number 823 informs the Senate that the House has agreed to the amendments made by the Senate to various House bills and that said bills passed final reading in the House.

File.

Standing Committee Report numbers 3913 to 3925 for one day notice.

So ordered.

Beginning on page 11, advice and consent.

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

Standing Committee Report numbers 3886 to 3890, 3897 to 3902, and 3911 and 3912 on governor's messages for adoption.

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

24 Ayes.

Thank you. The nominees for said governor's messages have been confirmed.

We are on page 15, Standing Committee Report number 3909 on governor's message number 796. Annalisa m Bernard Lee, gubernatorial appointee to the circuit court of the second circuit for adoption.

Is there any discussion, Senator Rhoads?

Thank you, Senator President. I would rise in support of governor's message number 796.

Please proceed.

Thank you. Annalisa Rice. I'm sorry. Annalisa Bernard Lee has been a district court judge in the second circuit since 02/2022. She provides presides over cases involving small claims, regular claims, landlord tenant issues, traffic court, TROs, and criminal matters,

as well as matters referred to environmental court and mental health court. Before becoming a judge, Judge Bernard Lee dedicated her legal career to public service.

For six years, she was a deputy prosecuting attorney at the Department of the Prosecuting Attorney for the County Of Maui.

She also worked the other side of the courtroom as a public deputy public defender for the Office of Public Defender on Oahu and Maui from 2005 to 2015. Judge Lee is an active member of the legal community.

She currently serves on the Access to Justice Commission's Pro Bono Subcommittee and the Judiciary's Committee on Artificial Intelligence in the Courts and is a faculty member of the Hawaii State Bar Association's Trial Academy.

She also is a volunteer judge for the Bar Association's High School Mock trial program and a member of the Hawaii Filipino Lawyer Association.

Judge Lee attended Seattle University where she graduated cum laude cum laude and received a Bachelor of Arts degree in sociology. She received her Juris Doctor from the William S. Richardson School of Law at the University of Hawaii at Manoa in 2004.

Following her graduation from law school, Judge Lee clerked in the Circuit Court of the First Circuit for the Honorable Derek Chan and the Honorable Michael Towne.

She has been licensed to practice law in the state of Hawaii since 2005.

After having reviewed her testimony, 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 Annalisa Bernard Lee is qualified to serve as a

circuit court judge of the second circuit and recommends that the Senate consent to the appointment. Mahalo.

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

24 Ayes.

Thank you. Annalisa m Bernard Lee has been confirmed as judge for the circuit court of the second circuit. Senator Rhoads.

Thank you, mister president. May maybe, request a late introduction.

Please proceed.

I'm pleased to introduce our newest circuit court judge for the second circuit, Annalisa Bernard Lee. Please stand and be recognized.

Judge Lee would like to, recognize two special guests, her children, her daughter, Kiliheya Lee and her son, Kainoa Lee. Kiliheya and Kainoa, please stand and be recognized.

At the appropriate time, may we welcome, judge Bernard Lee and the other nominees and appointees to the floor for photographs?

We will do so after we adjourn. We have a short agenda after this. So Thank you. Started. Thank you, Senator Rhoads.

Madam clerk, before going to the next item, as you look at all of our Members, we're in wonderful aloha print for aloha Friday, and our two nominees are very professional and bereft of any leis.

I'm just surprised on such a celebratory occasion. They look so professional. Madam Clerk.

Standing Committee Report number 3910 on governor's message number 797, Michael K Soong, gubernatorial appointee to the circuit court of the fifth circuit for adoption.

Is there any discussion, Senator Rhoads?

Thank you, Mister President. I rise in support of governor's message number 797.

Please proceed.

Thank you. Michael Soong is a state court judge with nine years experience. In 2016, he was confirmed by this body to the district court of the fifth circuit, which is Kauai County. And in 2023, he was retained for a second term.

Since October, Judge Soong has been temporarily assigned as a circuit court judge the position he's now being considered for.

Prior to his judgeship, Judge Soong was in private practice for eight years as a sole practitioner and at his own firm with an emphasis on criminal law and personal injury plaintiff litigation.

He was also twice the elected prosecuting attorney for the county of Kauai from 1996 to 2004, as well as a deputy prosecuting attorney, public deputy public defender and for the county of Hawaii, a deputy corporation counsel.

Judge Soong is active in the legal community and serves on several professional, commissions and committees.

This includes the Judiciary's Committee on Judicial Education, the Hawaii Supreme Court Commission on Professionalism, the Judiciary Standing Committee on Innovation Technology and Self Represented Litigants, the Hawaii State Bar Association Nominating

Committee, the Hawaii Access to Justice Commission, and the Judiciary's Committee on Operational Solutions. Judge Tsung attended the, University of La Verne in California where he received a Bachelor of Science Accounting and Business Administration.

He received his Juris Doctor from the Southwestern School of Law in Los Angeles, California. Judge Soong has been licensed to practice law in the state of Hawaii since 1986.

After having reviewed the testimony 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 Michael Soong is qualified to serve as a circuit court judge in the fifth circuit and recommends that the Senate consent to the appointment. Mahalo.

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

24 Ayes.

Thank you. Michael K Soong has been confirmed as judge for the circuit court of the Fifth Circuit. Senator Rhoads.

Thank you, Mister President. It's my pleasure to introduce our new circuit court judge for the Fifth Circuit, Michael Soong. Please stand and be recognized. Judge Soong would also like to recognize his wife, Liana, and their sons, Aaron and Derek.

If you're here, please stand and be be recognized. And, of course, the request to take pictures later if that's okay.

After we adjourn, we'll have the sergeant to escort judge Soong and his family, to the floor. Madam clerk?

Beginning on page 16, adoption of resolutions. Standing Committee Report numbers 3883 to 3885, 3891 to 3896, and 3903 to 3908 on house Concurrent Resolutions for adoption.

Senator Wakai.

Mister President, I move for the adoption of said Standing Committee Reports and House Concurrent Resolutions.

Senator DeCorte.

Mister President, I second the motion.

It is removed and seconded. Is there any discussion?

President.

Senator Kim.

Thank you, Mister President. I rise in support of HCR 181, House Draft 1 SD 1.

Please proceed.

Thank you. Mister President, this resolution is in regards to, HRS 3028-116, the authority to create temporary positions. Basically, this is a very short statue, and, number two says the term of each position shall not exceed one year.

The primary intent of this one year limit in this HRS is to ensure that these positions do not bypass the legislative budgetary process. By law, only the legislature can authorize permanent full time positions.

It's sad that the Department of Education has not complied with this statute. It has exceeded the two a one year limit and with two positions.

They have renewed these positions even though, we have brought to light that there is, a one year exempt a one year cap on these positions.

I have recently found the Committee Report, when this measure was passed, And, basically, the committee report states that it is Standing Committee Report number 12051996, specifically regarding the authority to create temporary positions,

your committee intends for this provision to allow the superintendent to address unforeseen emergencies. Your committee has included a one year limitation on these positions to ensure that they remain truly temporary.

It is the intent of your committee that if the need for a position persists beyond the initial year, the department shall follow the standard budgetary process to seek legislative approval for a permanent position,

thereby maintaining legislative oversight over the state's workforce and fiscal commitments. This measure was heard in committee and passed out.

The DOE felt that they can continue to do so, and so I hope with this that the AG will take this under consideration as she reviews her opinion on this matter.

Thank you, Mister President.

Thank you. Further discussion? If not, do we have unanimous consent? Any reservations? Any no votes?

Oh, I'm sorry. This is just any discussion? Any objection? Hearing none, the motion is carried. Concurrent resolutions 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 21, miscellaneous business, reconsideration of disagreement to house amendments and motion to agree for Senate Concurrent Resolution numbers 195 and 196 Senate Draft 1.

Senator Kim.

Mister President, I move that the Senate consider its previous actions and disagreeing to the amendments made by the house to Senate Concurrent Resolution number 195 and 196 SD1 and agree to set amendments.

Senator Wakai.

Mister President, I second the motion.

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

Yes, Mister President. Basically, the differences were style and to correct the defective date.

Thank you. Any further discussion? Any objections? If not, the motion is carried. One day notice is hereby given for final adoption of SCRs 195 HD 1 and 196 HD 1.

No further business, Mister President.

Are there any announcements today? If not, the Chair has two. The first, the deadline to file committee reports on amended House Concurrent Resolutions to meet Monday's second crossover deadline is 5PM today.

The Senate floor action memo is issued this evening, will include a list of all resolutions scheduled for adoption on Monday, and I believe Dan and Hilda would be pretty proud today. Senator Wakai.

Mister President, I move that the Senate stand in recess, leaving the journal open until 5PM for the receipt of standing committee reports on house Concurrent Resolutions to be placed on the calendar for adoption.

And I further move that the Senate reconvene at twelve noon on Monday, April 27.

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 in recess, leaving the journal open until 5PM and PM and will reconvene at twelve noon on Monday.