THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2003

 

FIFTY-SIXTH DAY

April 23, 2003-Wednesday-12:00 O'CLOCK NOON

 

 

ORDER OF BUSINESS

Invocation by Associate Pastor Dennis Sallis

Hope Chapel, South Shore

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor No(s).: 453-457

    2. G.M. NO.

    TITLE

    REFERRAL
         

    453

    Letter dated April 22, 2003, requesting that S.B. No. 1443 be amended to provide appropriations and authorizations required to fund the arbitrated settlement awarded to Bargaining Unit 11, Firefighters, for fiscal years 2004-2005.

    FILE
         

    454

    Dated April 22, 2003, transmitting the Comprehensive Annual Financial Report of the State of Hawaii for Fiscal Year Ended June 30, 2003, prepared by the Comptroller pursuant to Section 40-5, HRS.

    FILE
         

    455

    Informing the Senate that on April 21, 2003, the following nomination has been withdrawn: GARRY SMITH, Crime Victim Compensation Commission -(GM288)

    FILE
         

    456

    Informing the Senate that on April 22, 2003, the following nomination has been withdrawn: DEBORAH M. LIM, Civil Rights Commission -(GM343)

    FILE
         

    457

    Informing the Senate that on April 21, 2003, the following nomination has been withdrawn: MICHAEL H. FURUKAWA, Commission on Water Resource Management -(GM403)

    FILE
         
         
  2. Departmental Communication No(s).: 31

    3. D.C. NO.

    TITLE

    REFERRAL
         

    31

    From the State Auditor dated April 22, 2003, transmitting a report, "Evaluation of the State's Integrated Special Education Database System," (Report No. 03-05).

    FILE
         
         
  3. House Communication No(s).: 589
    4.  

    Informing the Senate that on April 22, 2003, the House has made the following changes to conferee assignments:

    REFERRAL
         

    589

    H.B. No. 512, H.D. 1, S.D. 2

    "RELATING TO HEALTH."(Medical Records; Access; Next of Kin; Insurance Reimbursements; Emergency and Budget Reserve Fund Appropriations)

    Discharged Representative Hamakawa as lead Co-Chair.

    Added Representative Arakaki as lead Co-Chair.

    Added Representative Hamakawa as second Co-Chair.

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Conference Committee Report No(s).: 2, 51-57

    7. 2

    (48 Hrs. Notice)

    H.B. No. 192, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO ACCRETED LANDS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    51

    (48 Hrs. Notice)

    S.B. No. 295, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO MOTOR VEHICLE TOWING."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    52

    (48 Hrs. Notice)

    S.B. No. 1200, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO CAPTIVE INSURANCE."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    53

    (48 Hrs. Notice)

    S.B. No. 1630, H.D. 1, C.D. 1

    "RELATING TO NONPROFIT CORPORATIONS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    54

    (48 Hrs. Notice)

    S.B. No. 933, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO STALKING."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    55

    (48 Hrs. Notice)

    S.B. No. 1267, H.D. 2, C.D. 1

    "RELATING TO TOBACCO."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    56

    (48 Hrs. Notice)

    S.B. No. 1274, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO MANSLAUGHTER."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    57

    (48 Hrs. Notice)

    S.B. No. 1460, S.D. 1, H.D. 2, C.D. 1

    "RELATING TO CONTRACTS ENTERED INTO BY THE HAWAII TOURISM AUTHORITY."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       
       
  7. Standing Committee Report No(s).: 1603-1622

    8. 1603

    (One Day Notice)

    (CPH)

    H.C.R. No. 93

    "REQUESTING A STUDY OF THE FEASIBILITY OF MEDICAL SAVINGS ACCOUNTS."

    (Recommends Adoption)
         
         

    1604

    (One Day Notice)

    (ECD)

    H.C.R. No. 128, H.D. 1

    "REQUESTING TELECOMMUNICATIONS AND CALL CENTERS TO INITIATE CUSTOMER RIGHT TO KNOW PROCEDURES REGARDING ALL INBOUND AND OUTBOUND COMMUNICATIONS."

    (Recommends Adoption)
         
         

    1605

    (One Day Notice)

    (ECD)

    H.C.R. No. 135

    "REQUESTING DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM TO ESTABLISH A TASK FORCE TO DEVELOP AN EMERGENCY ACTION PLAN TO ASSIST AND EMPOWER THE WAI'ANAE COMMUNITY AND OTHER COMMUNITIES AROUND THE STATE TO FOSTER GREATER SELF-SUFFICIENCY"

    (Recommends Adoption)
         
         

    1606

    (One Day Notice)

    (TMG)

    G.M. No. 287

    "Submitting for consideration and confirmation to the Civil Defense Advisory Council, Gubernatorial Nominee CAPTAIN GERALD L. COFFEE, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    1607

    (One Day Notice)

    (JHW)

    G.M. No. 304

    "Submitting for consideration and confirmation to the Hawaiian Homes Commission, Gubernatorial Nominee TRISH MORIKAWA, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    1608

    (One Day Notice)

    (JHW)

    G.M. No. 307

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Hawai'i, Gubernatorial Nominee GAIL U. KELIIKOA-SHERLOCK, for a term to expire 06-30-06."

    (Recommends Senate Consent to Nomination)
         
         

    1609

    (One Day Notice)

    (JHW)

    G.M. No. 350

    "Submitting for consideration and confirmation to the Correctional Industries Advisory Committee, Gubernatorial Nominee RHODA FEINBERG, PhD, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    1610

    (One Day Notice)

    (JHW)

    G.M. No. 351

    "Submitting for consideration and confirmation to the Correctional Industries Advisory Committee, Gubernatorial Nominee THEODORE G.M. JUNG, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    1611

    (One Day Notice)

    (JHW)

    G.M. No. 352

    "Submitting for consideration and confirmation to the Correctional Industries Advisory Committee, Gubernatorial Nominee WAYLEN K.K. TOMA, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    1612

    (One Day Notice)

    (JHW)

    G.M. No. 353

    "Submitting for consideration and confirmation to the Defender Council, Gubernatorial Nominee JULIE KAI BARRETO, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    1613

    (One Day Notice)

    (JHW)

    G.M. No. 387

    "Submitting for consideration and confirmation to the Board of Registration of the Islands of Kauai and Niihau, Gubernatorial Nominee RON AGOR, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    1614

    (One Day Notice)

    (JHW)

    G.M. No. 302

    "Submitting for consideration and confirmation to the Hawaiian Homes Commission, Gubernatorial Nominee COLIN KAALELE, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    1615

    (One Day Notice)

    (JHW)

    G.M. No. 303

    "Submitting for consideration and confirmation to the Hawaiian Homes Commission, Gubernatorial Nominee MAHINA MARTIN, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    1616

    (One Day Notice)

    (JHW)

    G.M. No. 349

    "Submitting for consideration and confirmation to the Correctional Industries Advisory Committee, Gubernatorial Nominee CLARICE CORNETT, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    1617

    (One Day Notice)

    (JHW)

    G.M. No. 354

    "Submitting for consideration and confirmation to the Defender Council, Gubernatorial Nominee MICHELLE L. DREWYER, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    1618

    (One Day Notice)

    (JHW)

    G.M. No. 323

    "Submitting for consideration and confirmation to the Board of Registration of the Islands of Maui, Molokai, Lanai, and Kaho'olawe, Gubernatorial Nominee STEVE PFISTER, for a term to expire 06-30-04."

    (Recommends Senate Consent to Nomination)
         
         

    1619

    (One Day Notice)

    (JHW)

    G.M. No. 388

    "Submitting for consideration and confirmation to the Board of Registration of the Islands of Maui, Molokai, Lanai, and Kaho`olawe, Gubernatorial Nominee KATHRYN GHEAN, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    1620

    (One Day Notice)

    (JHW)

    G.M. No. 389

    "Submitting for consideration and confirmation to the Board of Registration of the Island of Oahu, Gubernatorial Nominee ROBERTA CHONG KEE, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    1621

    (One Day Notice)

    (JHW)

    G.M. No. 425

    "Submitting for consideration and confirmation to the Commission to Promote Uniform Legislation, Gubernatorial Nominee KEN HIDESHI TAKAYAMA, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    1622

    (One Day Notice)

    (ENE)

    G.M. No. 301

    "Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee SHAD S. KANE, for a term to expire 06-30-04."

    (Recommends Senate Consent to Nomination)
         
         

    1622

    (One Day Notice)

    (ENE)

    G.M. No. 360

    "Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee DAVID S. BYLUND, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    ORDER OF THE DAY

  8. Advise and Consent

    9. 1596

    WLA/TMG

    G.M. No. 242

    "Submitting for consideration and confirmation to the Kaho`olawe Island Reserve Commission, Gubernatorial Nominee BURT H. SAKATA, for a term to expire 06-30-07."
         
         

    1597

    HTH

    G.M. No. 292

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial Nominee DONNA P. BISHAW, for a term to expire 06-30-06."
         
         

    1597

    HTH

    G.M. No. 293

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial Nominee ELVIRA LEE, for a term to expire 06-30-06."
         
         

    1598

    HTH

    G.M. No. 294

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee ANTHONY S. AKAMINE, for a term to expire 06-30-07."
         
         

    1598

    HTH

    G.M. No. 295

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee RONALD AWA, for a term to expire 06-30-07."
         
         

    1598

    HTH

    G.M. No. 296

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee RICHARD R. CHAVES, for a term to expire 06-30-07."
         
         

    1598

    HTH

    G.M. No. 297

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee SHARON FOUNTAIN, for a term to expire 06-30-06."
         
         

    1598

    HTH

    G.M. No. 298

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee FRANCINE M. KENYON, for a term to expire 06-30-07."
         
         

    1598

    HTH

    G.M. No. 299

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee LUCY MILLER, PH.D., for a term to expire 06-30-07."
         
         

    1598

    HTH

    G.M. No. 300

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee PATRICIA NIELSEN, for a term to expire 06-30-07."
         
         

    1599

    SAT

    G.M. No. 289

    "Submitting for consideration and confirmation to the State Foundation on Culture and the Arts Commission, Gubernatorial Nominee GAE BERGQUIST-TROMMALD, for a term to expire 06-30-07."
         
         

    1600

    SAT

    G.M. No. 310

    "Submitting for consideration and confirmation to the King Kamehameha Celebration Commission, Gubernatorial Nominee WILLIAM D. SOUZA, for a term to expire 06-30-06."
         
         

    1601

    SAT

    G.M. No. 321

    "Submitting for consideration and confirmation to the Board of Directors of the Natural Energy Laboratory of Hawai'i Authority, Gubernatorial Nominee CARL L. SIMONS, for a term to expire 06-30-07."
         
         

    1602

    CPH

    G.M. No. 255

    "Submitting for consideration and confirmation the Public Utilities Commission, Gubernatorial Nominee CARLITO P. CALIBOSO, for a term to expire 06-30-04. (Replaces GM240)"
         
         
         
  9. Final Reading

    10. S.B. No. 78, S.D. 2, H.D. 1

    "RELATING TO ELDER ABUSE."

    (Elder Abuse; Neglect; Civil Remedies)
       

    S.B. No. 394, H.D. 1

    "RELATING TO CONDOMINIUM PROPERTY REGIMES."

    (Condominiums, Liens for Maintenance Fees)
       

    S.B. No. 1058, S.D. 1, H.D. 1

    "RELATING TO CAPTIVE INSURANCE."

    (Captive Insurers; Investments)
       

    S.B. No. 1306, H.D. 1

    "RELATING TO TELECOMMUNICATIONS RELAY SERVICES."

    (Relating to Telecommunications Relay Services)
       

    S.B. No. 773, H.D. 2

    "RELATING TO UNEMPLOYMENT INSURANCE."

    (Labor; Unemployment Insurance)
       

    S.B. No. 1373, S.D. 1, H.D. 1

    "RELATING TO STAFFING FOR FEDERALLY FUNDED PROGRAMS."

    (Staffing for Federally Funded Programs)
       
       
  10. Miscellaneous Communications: None
  11. Miscellaneous Business

    12. Motion for Reconsideration; Senate Managers Agree to House Amendments;

    One Day Notice for Final Reading

    S.B. No. 373, S.D. 1, H.D. 2

    "RELATING TO CONDOMINIUM PROPERTY REGIMES."

     

     

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

    S.B. No. 658, S.D. 1, H.D. 3

    "RELATING TO EMERGENCY CONTRACEPTIVES FOR SEX ASSAULT SURVIVORS IN EMERGENCY ROOMS."

     

    Reconsideration of Disagreement to House Amendments; One Day Notice for Final Adoption

    S.C.R. No. 6, S.D. 1, H.D. 1

    "REQUESTING A STUDY ON THE EFFECTS OF BIG BOX RETAILERS ON LOCAL SMALL AND MEDIUM RETAIL BUSINESSES."
  12. Announcements
  13. Adjournment