THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2003

 

TWELFTH DAY

February 3, 2003-Monday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Captain Dwayne Patterson

The Salvation Army

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 134-180
  2. G.M. NO.

    TITLE

    REFERRAL

         

    134

    Dated January 3, 2003, transmitting a Report on the Progress of Activities Between the Department of Education and the University of Hawaii Community Colleges, prepared by the Department of Education pursuant to H.C.R. No. 158 (2002).

    FILE

         

    135

    Dated January 3, 2003, transmitting the Annual Report on the Federal Grant Search, Development, and Application Revolving Fund, prepared by the Department of Education pursuant to Section 302A-1405, HRS.

    FILE

         

    136

    Dated January 3, 2003, transmitting the Annual Report on the Teacher Education Coordinating Committee, prepared by the Department of Education pursuant to Section 304-20, HRS.

    FILE

         

    137

    Dated January 3, 2003, transmitting the Annual Report on the Incentive and Innovation Grant Trust Fund, prepared by the Department of Education pursuant to Section 302A-301, HRS.

    FILE

         

    138

    Dated January 3, 2003, transmitting the Report on Personnel Expenditures for CIP, prepared by the Department of Education pursuant to Act 259, Section 98, SLH 2001.

    FILE

         

    139

    Dated January 3, 2003, transmitting a Report on Government Privatization, prepared by the Department of Education pursuant to Act 90, SLH 2001.

    FILE

         

    140

    Dated January 3, 2003, transmitting the Annual Report on Carryover of Funds, prepared by the Department of Education pursuant to Section 37-14.5, HRS.

    FILE

         

    141

    Dated January 3, 2003, transmitting the Report on School Rental Fees for Use of School Facilities, prepared by the Department of Education pursuant to Act 256, SLH 2000.

    FILE

         

    142

    Dated January 3, 2003, transmitting the Report on the School-Level Minor Repairs and Maintenance Funds, prepared by the Department of Education pursuant to Act 311, SLH 2001.

    FILE

         

    143

    Dated January 3, 2003, transmitting the Report on the DOE's Progress of Meeting the Requirements of the Felix Response Plan, prepared by the Department of Education pursuant to Act 259, Section 51, SLH 2001.

    FILE

         

    144

    Dated January 3, 2003, transmitting the Validation Study of Educational Officers, prepared by the Department of Education pursuant to Acts 156 and 249, SLH 2002.

    FILE

         

    145

    Dated January 3, 2003, transmitting the Report on the DOE's Progress of Meeting the Requirements of the Felix Response Plan, prepared by the Department of Education pursuant to Act 155, Section 51.1, SLH 2002.

    FILE

         

    146

    Dated January 6, 2003, transmitting the Annual Report on Payments to the State by Electronic Funds Transfer, prepared by the Department of Taxation pursuant to Act 177, SLH 1997.

    FILE

         

    147

    Dated January 6, 2003, transmitting the Annual Report Providing a Progress and Expenditure Report on the Redesign of the Integrated Tax Information Management Systems, prepared by the Department of Taxation pursuant to Act 273, SLH 1996 and Act 155, SLH 1999.

    FILE

         

    148

    Dated January 8, 2003, transmitting the Department of Defense's Annual Report for Fiscal Year Ending June 30, 2002.

    FILE

         

    149

    Dated January 8, 2003, transmitting the Report on Current and Projected Numbers Regarding the Clients in Nursing Home Without Walls and Residential Alternatives Community Care Programs, prepared by the Department of Human Services.

    FILE

         

    150

    Dated January 8, 2003, transmitting the Report Regarding Compliance to the Health Insurance Portability and Accountability Act, prepared by the Department of Human Services.

    FILE

         

    151

    Dated January 8, 2003, transmitting the Aloha Tower Development Corporation's Annual Report for Fiscal Year Ending June 30, 2002.

    FILE

         

    152

    Dated January 8, 2003, transmitting the Summary of University of Hawaii Special, Revolving, and Trust Funds for the Fiscal Year Ended June 30, 2002, pursuant to Sections 304-7 and 304-8, HRS, and the Summary of University of Hawaii Special funds: Auxiliary Enterprises Facilities Use, Community Services, and Tuition and Fees for the Fiscal Year Ended June 30, 2002.

    FILE

         

    153

    Dated January 9, 2003, transmitting the Report on the Progress of Assessing the Cultural Sites and Burial Remains in Makua Valley and the Monitoring of These Cultural Sites and Burial Sites, prepared by the Department of Land and Natural Resources pursuant to Act 259, Section 61, SLH 2001.

    FILE

         

    154

    Dated January 9, 2003, transmitting the 2002 Annual Report on Home Property Liens, prepared by the Department of Human Services pursuant to Section 346-29.5, HRS.

    FILE

         

    155

    Dated January 9, 2003, transmitting the Report on Operations of the Filing Office for Financing Statements Under the Uniform Commercial Code, Secured Transactions, prepared by the Department of Land and Natural Resources pursuant to Section 490:9-527, HRS.

    FILE

         

    156

    Dated January 9, 2003, transmitting a Report on the Identification of Rivers and Streams Worthy of Protection, prepared by the Department of Land and Natural Resources, Commission on Water Resource Management, pursuant to Section 174C-31, HRS.

    FILE

         

    157

    Dated January 9, 2003, transmitting the Six-Year Plan for School Repair and Maintenance, prepared by the Department of Accounting and General Services, Central Services Division.

    FILE

         

    158

    Dated January 9, 2003, transmitting the Criteria for the Establishment and Continuance of Administratively Established Accounts and Funds Report, prepared by the Department of Land and Natural Resources, pursuant to Section 37-52.5, HRS.

    FILE

         

    159

    Dated January 9, 2003, transmitting the Annual Reports on All Special, Trust, and Revolving Fund Transactions Carried Out Over the Previous Fiscal Year and the Report on Criteria for the Establishment and Continuance of Administratively Established Accounts and Funds, prepared by the Department of Land and Natural Resources pursuant to H.C.R. No 125 (1993) and Section 37-52.5, HRS.

    FILE

         

    160

    Dated January 9, 2003, transmitting the Project-Funded Staff Services Budget Report, prepared by the Department of Land and Natural Resources pursuant to Act 259, SLH 2001.

    FILE

         

    161

    Dated January 9, 2003, transmitting the Report on Land Dispositions Made of Public Lands for Calendar Year 2002, prepared by the Department of Land and Natural Resources pursuant to Section 171-29, HRS.

    FILE

         

    162

    Dated January 9, 2003; transmitting the Annual Report for the Implementation of Chapter 190D, Hawaii Revised Statutes, Ocean and Submerged Lands Leasing, prepared by the Department of Land and Natural Resources and the Department of Agriculture pursuant to Act 176, SLH 1999.

    FILE

         

    163

    Dated January 9, 2003, transmitting the Interim Report on the Use of Alternative Energy Sources to Address Energy Needs on the Island of Kahoolawe, prepared by the Department of Land and Natural Resources and the Kahoolawe Island Reserve Commission in conjunction with the Kahoolawe Island Reserve Alternative Energy Task Force, pursuant to S.C.R. No. 101 (2002).

    FILE

         

    164

    Dated January 9, 2003, transmitting the Final Report and Recommendations Regarding Act 273, SLH 2001, prepared by the Department of Human Services.

    FILE

         

    165

    Dated January 9, 2003, transmitting a Report Addressing the Concerns of Kokee State Park Lessees With Expiring Leases, prepared by the Department of Land and Natural Resources pursuant to S.C.R. No 136 (2002).

    FILE

         

    166

    Dated January 9, 2003, transmitting the Status Report from the Task Force on Beach and Water Safety, prepared by the Department of Land and Natural Resources in conjunction with the Task Force on Beach and Water Safety pursuant to Act 170, SLH 2002.

    FILE

         

    167

    Dated January 10, 2003, transmitting a report prepared by the Public Utilities Commission pursuant to S.R. No. 105 (2002), requesting the formation of the Power Quality Task Force to study issues relating to responsibility over power quality in Hawaii.

    FILE

         

    168

    Dated January 13, 2003, transmitting the Annual Report of the Research Corporation of the University of Hawaii, pursuant to Chapter 307, HRS.

    FILE

         

    169

    Dated January 13, 2003, transmitting the Progress Report on State Irrigation Program's Self-Sufficiency, prepared by the Department of Agriculture pursuant to Act 259, Section 6, SLH 2001.

    FILE

         

    170

    Dated January 15, 2003, transmitting the State of Hawaii Program Memoranda, prepared by the Department of Budget and Finance, Budget, Program Planning and Management Division, pursuant to Section 37-70, HRS.

    FILE

         

    171

    Dated January 16, 2003, transmitting the Report on Expenditures to Pay Unemployment Compensation Claims of Former State Employees, prepared by the Department of Human Resources Development pursuant to Act 259, Section 83, SLH 2001.

    FILE

         

    172

    Dated January 17, 2003, transmitting the Report Relating to Project-Funded Staff Services Budget, prepared by the Department of Transportation pursuant to Act 177, Sections 93, 94 and 95, SLH 2002.

    FILE

         

    173

    Dated January 17, 2003, transmitting Special Maintenance Reports, prepared by the Department of Transportation pursuant to Act 177, Sections 8, 11 and 15, SLH 2002.

    FILE

         

    174

    Dated January 17, 2003, transmitting a Report Relating to the Use of Motorized Devices on Sidewalks, Highways, and Public Areas, prepared by the Department of Transportation pursuant to S.C.R. No. 116 (2002).

    FILE

         

    175

    Dated January 17, 2003, transmitting a Report Relating to Government Operations, prepared by the Department of Transportation pursuant to Act 100, Section 7, SLH 1999.

    FILE

         

    176

    Dated January 17, 2003, transmitting a Report Relating to Security at Hawaii Airports, prepared by the Department of Transportation pursuant to Act 177, Section 9.1, SLH 2002.

    FILE

         

    177

    Dated January 22, 2003, transmitting a Report Relating to Privatization, prepared by the Department of Human Services, Office of Youth Services, pursuant to Act 90, SLH 2001.

    FILE

         

    178

    Dated January 23, 2003, transmitting a Report on the Examination of State Regulation of Death Care Providers, prepared by the Death Care Provider Task Force, the Department of Health, and the Department of Commerce and Consumer Affairs pursuant to H.C.R. No. 53 (2002).

    FILE

         

    179

    Dated January 16, 2003, transmitting the Report on the Establishment of the Hydrogen Public/Private Partnership to Support and Promote Hydrogen use in Hawaii's Energy Economy, pursuant to Act 283, SLH 2001.

    FILE

         

    180

    Letter dated January 31, 2003, transmitting proposed changes to the General Appropriations Act (S.B. No. 355).

    FILE

         
         
  3. Departmental Communications: Nos. 24
  4. D.C. NO.

    TITLE

    REFERRAL

         

    24

    From the State Auditor dated January 24, 2003, transmitting the revised copy of the overview for the report, "New Century Charter School Allocations Project - FY2002-2003," (Report No. 03-01).

    FILE

         
         
  5. House Communications: None
  6. Senate Communications: None
  7. Judiciary Communications: None
  8. Introduction of Measures
  9.  

     

    ORDER OF THE DAY

  10. Standing Committee Report Nos.:
  11. 1

    (TSM)

    S.B. No. 38

    "RELATING TO THE HAWAII TOURISM AUTHORITY."

    (Recommends passage on SECOND READING and referral to JHW/WAM)

         
         

    2

    (TSM)

    S.B. No. 377

    "RELATING TO TAXATION."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    3

    (One Day Notice)

    (WAM)

    H.B. No. 1, H.D. 1

    "MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE LEGISLATURE, THE LEGISLATIVE AUDITOR, THE LEGISLATIVE REFERENCE BUREAU, AND THE OMBUDSMAN."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)

         
         
         
  12. Re-Referrals
  13. RE-REFERRALS FOR MONDAY, FEBRUARY 3, 2003

         

    S.B. NO.

    TITLE

    RE-REFERRAL

         

    660

    RELATING TO FILM.

    (Diamond Head Film Studio; University of Hawaii Student Access) (EDU, ECD)(EDU/ECD, WAM)

    ECD/EDU, WAM

         

    842

    RELATING TO CABLE TELEVISION.

    (Cable TV; Regulation Transferred to Counties; PEG Funding) (CPH, TMG)(CPH/SAT, TMG)(CPH/TMG, WAM)

    CPH/SAT/TMG, WAM

         

    1286

    RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

    (Housing and Community Development Corporation of Hawaii) (CPH)(HMS, CPH)

    HMS/CPH, WAM

         

    1491

    RELATING TO STATE GOVERNMENT.

    (State Government; Timely Payment of Debts; Penalties) (TMG, WAM)

    TMG/ECD, WAM

         

    1619

    RELATING TO TAXATION.

    (Investment Tax Credit; Motor Sports Facil; Kalaeloa, Parcel 9) (ECD, WAM)

    TMG/ECD, WAM

         
         
  14. Miscellaneous Communications: None
  15. Miscellaneous Business
  16. Announcements
  17. Adjournment