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JOURNAL Second Special Session of 2007 J O U R N A L of the SENATE OF THE TWENTY - FOURTH LEGISLATURE of the STATE OF HAWAII _____________________ Second Special Session of 2007 Convened Wednesday, October 24, 2007 Adjourned Wednesday, October 31, 2007 TABLE OF CONTENTS PAGE First Day, Wednesday, October 24, 2007 ............................................................................................................. 1 Second Day, Thursday, October 25, 2007 ............................................................................................................ 8 Third Day, Friday, October 26, 2007 .................................................................................................................... 9 Fourth Day, Monday, October 29, 2007 ............................................................................................................... 10 Fifth Day, Tuesday, October 30, 2007 .................................................................................................................. 29 Sixth Day, Wednesday, October 31, 2007 ............................................................................................................ 39 Communications received after adjournment: Governor’s Messages .................................................................................................................................. 53 House communications ............................................................................................................................... 53 Appendix: Standing Committee Reports ..................................................................................................................... 54 History: Senate Bills ................................................................................................................................................... 83 Senate Resolutions ....................................................................................................................................... 84 House Bills .................................................................................................................................................... 85 S E N A T E J O U R N A L - 1 s t D A Y 1 THE TWENTY–FOURTH LEGISLATURE STATE OF HAWAI‘I SECOND SPECIAL SESSION OF 2007 JOURNAL OF THE SENATE FIRST DAY Wednesday, October 24, 2007 APPROVED AS TO FORM: The Senate of the Twenty-Fourth Legislature of the State of /s/ Mark J. Bennett Hawai‘i, Second Special Session of 2007, was called to order at Mark J. Bennett 9:16 o’clock a.m., by Senator Colleen Hanabusa, President of Attorney General,” the Senate, in accordance with the Proclamation issued by Governor Linda Lingle on October 23, 2007, as follows: MESSAGE FROM THE GOVERNOR “P R O C L A M A T I O N Gov. Msg. No. 2, transmitting the proclamation convening the Twenty-Fourth Legislature of the State of Hawai‘i in special WHEREAS, under Section 10 of Article III of the session on Wednesday, October 24, 2007, at 9:00 a.m., was read Constitution of the State of Hawaii, the Governor may convene by the Clerk and was placed on file. both houses of the Legislature or the Senate alone in special session; and The Divine Blessing was invoked by the Honorable Rosalyn H. Baker, Hawai‘i State Senate, after which the Roll was called WHEREAS, the Hawaii Supreme Court has determined that showing all Senators present with the exception of Senators chapter 343, Hawaii Revised Statutes, requires that an Fukunaga, Inouye, Sakamoto and Whalen who were excused. environmental assessment be performed with respect to certain improvements at Kahului Harbor intended for and to be used by SENATE RESOLUTION a large capacity inter-island ferry; and The following resolution (S.R. No. 1) was read by the Clerk WHEREAS, the immediate operation of a large capacity and was disposed of as follows: inter-island ferry is in the public interest and proposed legislation to allow its operation and harbor improvements to Senate Resolution continue to be constructed, while environmental reviews are conducted, require immediate action by the Legislature; and No. 1 “SENATE RESOLUTION AMENDING THE RULES OF THE SENATE OF THE TWENTY-FOURTH WHEREAS , the United States Supreme Court and the LEGISLATURE OF THE STATE OF HAWAII.” Hawaii Supreme Court have ruled unconstitutional certain of Hawaii’s extended term sentencing laws, leaving the State Offered by: Senator Hanabusa. without the ability to impose extended terms of imprisonment upon certain convicted persons whose incarceration is necessary On motion by Senator Ige, seconded by Senator Hemmings for the protection of the public; and and carried, S.R. No. 1 was adopted. WHEREAS , the amendment of Hawaii’s extended term MESSAGES FROM THE GOVERNOR sentencing statutes to enable the imposition of extended terms of imprisonment is in the public interest and proposed The following messages from the Governor (Gov. Msg. Nos. legislation to allow such amendments require immediate action 1 and 3 to 112) were read by the Clerk and were referred to by the Legislature; committees: NOW, THEREFORE, I , LINDA LINGLE, Governor of the Gov. Msg. No. 1, submitting for consideration and consent, State of Hawaii, pursuant to the power vested in me by Section the nomination of RANDAL K.O. LEE to the office of 10 of Article III of the Constitution of the State of Hawaii, do Associate Judge, Intermediate Court of Appeals, in accordance hereby convene both houses of the Twenty-Fourth Legislature with the provisions of Article VI, Section 3, of the Hawaii State of the State of Hawaii in special session on Wednesday, Constitution, for a term of ten years, was referred to the October 24, 2007, at 9 o’clock a.m., primarily for the Committee on Judiciary and Labor. consideration of legislation to allow the immediate commencement of operation of a large capacity inter-island Gov. Msg. No. 3, submitting for consideration and ferry and to enable the imposition of extended terms of confirmation as the Director of the Department of Labor and imprisonment. Industrial Relations, the nomination of DARWIN CHING, term to expire December 6, 2010, was referred to the Committee on DONE at the State Capitol, Honolulu, State of Hawaii, Judiciary and Labor. this 23 rd day of October, 2007. Gov. Msg. No. 4, submitting for consideration and /s/ Linda Lingle confirmation as the Director of the Department of Public Safety, LINDA LINGLE the nomination of CLAYTON A. FRANK, term to expire Governor of Hawaii S E N A T E J O U R N A L - 1 s t D A Y 2 December 6, 2010, was referred to the Committee on Public Gov. Msg. No. 16, submitting for consideration and Safety. confirmation to the Board of Directors of the Hawai‘i Strategic Development Corporation, the nomination of BLENN AKIRA Gov. Msg. No. 5, submitting for consideration and FUJIMOTO, term to expire June 30, 2008, was referred to the confirmation as the Chairperson of the Board of Land and Committee on Economic Development and Taxation. Natural Resources, the nomination of LAURA H. THIELEN, term to expire December 6, 2010, was referred to the Gov. Msg. No. 17, submitting for consideration and Committee on Water and Land. confirmation to the Board of Directors of the Hawai‘i Strategic Development Corporation, the nomination of BLENN AKIRA Gov. Msg. No. 6, submitting for consideration and FUJIMOTO, term to expire June 30, 2012, was referred to the confirmation to the Island Burial Council, Island of Hawai‘i, the Committee on Economic Development and Taxation. nomination of JAMES G. LEE JR., term to expire June 30, 2009, was referred to the Committee on Agriculture and Gov. Msg. No. 18, submitting for consideration and Hawaiian Affairs. confirmation to the Board of Directors of the Hawai‘i Strategic Development Corporation, the nomination of DARREN T. Gov. Msg. No. 7, submitting for consideration and KIMURA, term to expire June 30, 2010, was referred to the confirmation to the Island Burial Council, Islands of Kaua‘i and Committee on Economic Development and Taxation. Ni‘ihau, the nomination of MICHAEL Y.M. LOO, term to expire June 30, 2008, was referred to the Committee on Gov. Msg. No. 19, submitting for consideration and Agriculture and Hawaiian Affairs. confirmation to the Board of Directors of the Hawai‘i Strategic Development Corporation, the nomination of DANTON S. Gov. Msg. No. 8, submitting for consideration and WONG, term to expire June 30, 2009, was referred to the confirmation to the Island Burial Council, Islands of Kaua‘i and Committee on Economic Development and Taxation. Ni‘ihau, the nomination of MICHAEL Y.M. LOO, term to expire June 30, 2012, was referred to the Committee on Gov. Msg. No. 20, submitting for consideration and Agriculture and Hawaiian Affairs. confirmation to the Hawai‘i Teacher Standards Board, the nomination of KELLY MICHELE NOELANI CASTELLANO, Gov. Msg. No. 9, submitting for consideration and term to expire June 30, 2010, was referred to the Committee on confirmation to the Island Burial Council, Island of Oahu, the Education. nomination of ANGELA LISA LEIMAILE EHIA-QUITEVIS, term to expire June 30, 2008, was referred to the Committee on Gov. Msg. No. 21, submitting for consideration and Agriculture and Hawaiian Affairs. confirmation to the Hawai‘i Teacher Standards Board, the nomination of GAIL EDYTH WEAVER, term to expire June Gov. Msg. No. 10, submitting for consideration and 30, 2009, was referred to the Committee on Education. confirmation to the Island Burial Council, Island of Oahu, the nomination of ANGELA LISA LEIMAILE EHIA-QUITEVIS, Gov. Msg. No. 22, submitting for
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