THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2003

 

FIFTY-FOURTH DAY

April 21, 2003-Monday-3:00 O'CLOCK P.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Masayuki Idei

Rissho Kosei-Kai of Hawaii Buddhist Church, Pearl City

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor No(s).: 428-446

    2. G.M. NO.

    TITLE

    REFERRAL
         

    428

    Letter dated April 1, 2003, retracting the recommendation for immediate passage of S.B. No. 1358, Making an Emergency Appropriation for the Department of Health, Health Insurance Portability and Accountability Act Compliance, due to the unanticipated availability of funds.

    FILE
         

    429

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB1256 (Act011)

    FILE
         

    430

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB1260, SD1 (Act012)

    FILE
         

    431

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB1270, SD1 (Act013)

    FILE
         

    432

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB1396 (Act014)

    FILE
         

    433

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB1406 (Act015)

    FILE
         

    434

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB1415 (Act016)

    FILE
         

    435

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: HB1172 (Act017)

    FILE
         

    436

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB51 (Act018)

    FILE
         

    437

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB368 (Act019)

    FILE
         

    438

    Informing the Senate that on April 16, 2003, the Governor signed the following bills into law: SB550, SD1 (Act020)

    FILE
         

    439

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB562 (Act021)

    FILE
         

    440

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB1353, HD1 (Act022)

    FILE
         

    441

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB685 (Act023)

    FILE
         

    442

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB787 (Act024)

    FILE
         

    443

    Informing the Senate that on April 16, 2003, the Governor signed the following bill into law: SB1469, SD1 (Act025)

    FILE
         

    444

    Informing the Senate that on April 16, 2003, the following nomination has been withdrawn: ROSALIE A. TATSUGUCHI, PhD., Board of Psychology

    FILE
         

    445

    Informing the Senate that on April 16, 2003, the following nomination has been withdrawn: HERBERT K.W. CHINN JR., Health Planning Council, Honolulu Subarea

    FILE
         

    446

    Informing the Senate that on April 16, 2003, the following nomination has been withdrawn: HUBERT MINN, State Board of Chiropractic Examiners

    FILE
         
         
  2. Departmental Communications: None
  3. House Communication No(s).: 571-576
    4.  

    Informing the Senate that on April 17, 2003, the House made the following changes to the conferee assignments:

    REFERRAL
         

    571

    H.B. No. 1532, H.D. 2, S.D. 2

    "MAKING AN APPROPRIATION FOR THE CELEBRATION OF MARTIN LUTHER KING, JR. DAY."(Martin Luther King, Jr. Day; Celebration; DLIR; Appropriation)

    Discharged Representative Leong as a manager.

    Added Representative Jernigan as a manager.

    FILE
         
         
     

    Informing the Senate that on April 16, 2003, the Speaker has this day appointed Conferee(s) on the part of the House for the consideration of amendments proposed by the Senate to the following House Bill(s):

    		  
         

    572

    H.B. No. 1579, H.D. 1, S.D. 2

    "RELATING TO THE ECONOMIC DIVERSIFICATION AUTHORITY."(Economic Diversification; DBEDT Duties; Specified)

    Representatives Schatz/Takamine, Co-Chairs; Wakai, Leong

    FILE
         
         
     

    Informing the Senate that on April 16, 2003, the Speaker has this day appointed Conferee(s) on the part of the House for the consideration of amendments proposed by the House to the following Senate Bill(s):

    		  
         
     

    S.B. No. 254, S.D. 2, H.D. 1

    "RELATING TO AGRICULTURE."(Agriculture)

    Representatives Kanoho/Kaho'ohalahala, Co-Chairs; Waters, Moses

    FILE
         
         
     

    Informing the Senate that on April 16, 2003, the House made the following changes to conferee assignments:

    		  

    573

    H.B. No. 1021, H.D. 1, S.D. 2

    "RELATING TO EDUCATION.'

    (UH New Century Charter Schools that Use Hawaiian Language as Primary Medium of Education.)

    Discharged Representative Wakai as third Co-Chair.

    Added Representative Kaho'ohalahala as third Co-Chair.

    FILE
         
     

    Informing the Senate that on April 21, 2003, the House made the following changes to conferee assignments:

    		  
         

    574

    H.B. No. 426, H.D. 1, S.D. 2

    "RELATING TO PUBLIC LANDS."(Public Lands; Department of Land and Natural Resources; Kauai Leases; Reissuance of Certain Leases)

    Discharged Representative Thielen as a manager.

    Added Representative Bukoski as a manager.

    FILE
         
         
     

    Informing the Senate that on April 17, 2003, the following Senate Concurrent Resolutions were Adopted in the House:

    		  
         

    575

    S.C.R. No. 93, S.D. 1

    "REQUESTING THE ESTABLISHMENT OF AN AD HOC COMMITTEE TO STUDY THE CONTINUATION OF SERVICES AFTER THE PLANNED CLOSING OF THE CASEY FAMILY PROGRAMS' HAWAII OFFICES.(AMENDED TITLE)"(Continuation of services after Casey Family Programs' closure.)

    FILE
         

    576

    S.C.R. No. 96

    "SUPPORTING THE HAWAII HOMEOWNERSHIP CENTER."(Hawaii Homeownership Center)

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Standing Committee Report Nos.: 1577-1595

    7. 1577

    (HMS/HTH/EDU)

    H.C.R. No. 62, H.D. 1, S.D. 1

    "REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO INTRODUCE LEGISLATION IN CONGRESS CALLING FOR FURTHER REVIEW OF THE MIGRATION ISSUE AND FOR INCREASED FINANCIAL IMPACT ASSISTANCE FOR PROVIDING SERVICES TO CITIZENS OF THE FREELY ASSOCIATED STATES WHO RESIDE IN THE STATE OF HAWAII UNDER THE COMPACT OF FREE ASSOCIATION AND ANY NEWLY RENEGOTIATED COMPACT.(AMENDED TITLE)"

    (Recommends referral to TMG)
         
         

    1578

    (HMS/WAM)

    H.C.R. No. 85, H.D. 1, S.D. 1

    "REQUESTING A PROGRAM AUDIT AND INVESTIGATION OF THE VARIOUS SERVICES INVOLVED IN THE CHILD PROTECTIVE SERVICES SYSTEM"

    (Recommends Adoption)
         
         

    1579

    (HMS/HTH)

    H.C.R. No. 203, S.D. 1

    "REQUESTING THE DEPARTMENTS OF HUMAN SERVICES AND HEALTH TO WORK WITH HAWAII'S CONGRESSIONAL DELEGATION AND THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES TO IMPROVE ACCESS TO HEALTH CARE IN HAWAII.(AMENDED TITLE)"

    (Recommends Adoption)
         
         

    1580

    (HMS)

    H.C.R. No. 208

    "URGING THE U.S. CONGRESS TO RECOGNIZE THE MERITS AND SUCCESSES OF THE HEAD START PROGRAM AND TO REJECT ANY PROPOSAL TO LIMIT THE PROGRAM'S SCOPE OR TO MOVE IT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE U.S. DEPARTMENT OF EDUCATION."

    (Recommends Adoption)
         
         

    1581

    (ECD/HTH)

    H.C.R. No. 55, H.D. 1, S.D. 1

    "REQUESTING THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM BUSINESS ACTION CENTER, DEPARTMENT OF HEALTH, AND THE MAYOR AND COUNCIL OF EACH OF THE FOUR COUNTIES TO COORDINATE AND FACILITATE THE PROJECT REVIEW AND PERMITTING PROCESS OF A PLASMA FACILITY IN THE STATE."

    (Recommends Adoption)
         
         

    1582

    (ECD/SAT)

    H.C.R. No. 81, H.D. 1, S.D. 1

    "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO PRESERVE AND PROTECT THE RECREATION RESIDENCE TRACTS WITHIN THE KOKE'E AND WAIMEA CANYON STATE PARKS."

    (Recommends Adoption)
         
         

    1583

    (TMG/JHW)

    H.C.R. No. 26, H.D. 1

    "REQUESTING THE SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES TO EDUCATE AND SENSITIZE MEMBERS OF CONGRESS ON THE UNFORTUNATE CIRCUMSTANCES OF THE INTERNMENT OF CIVILIANS DURING WORLD WAR II."

    (Recommends Adoption)
         
         

    1584

    (TMG)

    H.C.R. No. 230, S.D. 1

    "URGING THE UNITED STATES ARMY, AIR FORCE, AND NAVY TO SELECT A CONTRACTOR WITH LOCAL PARTNERS AND A HISTORY OF DOING BUSINESS IN HAWAII FOR THE RESIDENTIAL COMMUNITIES INITIATIVE.(AMENDED TITLE)"

    (Recommends Adoption)
         
         

    1585

    (EDU)

    H.C.R. No. 146

    "REQUESTING MEMBERS OF HAWAII'S CONGRESSIONAL DELEGATION TO WORK TO OBTAIN ADDITIONAL FUNDS NECESSARY TO MEET THE MANDATES OF THE FEDERAL "NO CHILD LEFT BEHIND ACT OF 2001"."

    (Recommends Adoption)
         
         

    1586

    (EDU)

    H.C.R. No. 160, H.D. 1

    "DESIGNATING APRIL AS "FINANCIAL LITERACY FOR YOUTH IN HAWAII MONTH.""

    (Recommends Adoption)
         
         

    1587

    (ENE)

    H.C.R. No. 172, H.D. 1

    "REQUESTING THE CONSUMER ADVOCATE TO FORM AN AD HOC ADVISORY GROUP TO INVESTIGATE AND MAKE RECOMMENDATIONS REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF STANDARD OFFER CONTRACTS AND STANDARDIZED INTERCONNECTION AGREEMENTS TO REDUCE THE APPROVAL PROCESS TIME FOR THE IMPLEMENTATION OF RENEWABLE ENERGY SYSTEMS; AND FACILITATE THE PURCHASE OF ELECTRICITY FROM RENEWABLE ENERGY PRODUCERS IN HAWAII."

    (Recommends Adoption)
         
         

    1588

    (SAT)

    H.C.R. No. 89

    "SUPPORTING THE RALPH BUNCHE CENTENARY CELEBRATION."

    (Recommends Adoption)
         
         

    1589

    (SAT)

    H.C.R. No. 219, H.D. 1

    "SUPPORTING THE RESTORATION AND MAINTENANCE OF THE SANJU PAGODA IN NUUANU VALLEY."

    (Recommends Adoption)
         
         

    1590

    (WLA)

    H.C.R. No. 68, H.D. 1

    "REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO EXPLORE THE LEASING OF UNUTILIZED FAST AND SUBMERGED LANDS AT KEEHI LAGOON FOR THE PRIVATE DEVELOPMENT OF BOATING AND OCEAN RECREATIONAL FACILITIES."

    (Recommends Adoption)
         
         

    1591

    (WLA)

    H.C.R. No. 157, H.D. 1

    "FORMALIZING THE ONGOING EFFORTS OF THE AGRICULTURE WORKING GROUP IN ADDRESSING THE MANDATE OF ARTICLE XI, SECTION 3 OF THE STATE CONSTITUTION AND RELATED AGRICULTURAL AND LAND ISSUES."

    (Recommends Adoption)
         
         

    1592

    (WLA)

    H.C.R. No. 216

    "SUPPORTING THE MANY BENEFITS OF HAWAI`I GROWN CHOCOLATE TO OUR STATE AND DIVERSIFIED AGRICULTURE."

    (Recommends Adoption)
         
         

    1593

    (WLA)

    H.C.R. No. 223, H.D. 1

    "CONCERNING CERTAIN PUBLIC LEASES."

    (Recommends Adoption)
         
         

    1594

    (HTH)

    H.C.R. No. 179, H.D. 1, S.D. 1

    "STRONGLY URGING THE UNIVERSITY OF HAWAII TO CONSIDER REQUIRING ALL STUDENTS AT THE UNIVERSITY OF HAWAII SYSTEM TO SHOW PROOF OF FULL IMMUNIZATION AGAINST THE HEPATITIS B VIRUS PRIOR TO ENROLLMENT.(AMENDED TITLE)"

    (Recommends Adoption)
         
         

    1595

    (HTH/CPH)

    H.C.R. No. 151, H.D. 1, S.D. 1

    "REQUESTING THE ESTABLISHMENT OF AN INTERIM WORKING GROUP ON UNIVERSAL HEALTH CARE.(AMENDED TITLE)"

    (Recommends Adoption)
         
         
         

    ORDER OF THE DAY

  7. Deferred Matters – Approval of the Journal
  8. Final Reading

    9. S.B. No. 69, S.D. 1, H.D. 1

    "RELATING TO THE TEACHER EDUCATION COORDINATING COMMITTEE."

    (Teacher Education Coordinating Committee; UOH, DOE, HTSB)
       
       

    S.B. No. 1241, H.D. 2

    "RELATING TO CANCER EXAMINATIONS."

    (Uterine Cytologic Examination; Requirement Repealed; Statewide Comprehensive Cancer Control Plan)
       
       

    S.B. No. 1326, S.D. 1, H.D. 1

    "RELATING TO EDUCATION."

    (Education; Competency in a Second Language)
       
       
       
  9. Adopt Resolutions

    10. 1576

    JHW/EDU

    H.C.R. No. 198, H.D. 1

    "SUPPORTING THE PRESERVATION OF THE HAWAIIAN LANGUAGE AND THE PERPETUATION OF ITS STUDY AND USE."
         
         
         

     

     

     

    		    
  10. Miscellaneous Communications: None
  11. Miscellaneous Business

    12. Reconsideration of Disagreement to House Amendments; One Day Notice for Final Reading

    S.B. No. 1255, S.D. 2, H.D. 1

    "RELATING TO AGRICULTURAL INSPECTIONS."
  12. Announcements
  13. Adjournment