HOUSE OF REPRESENTATIVES

STATE OF HAWAII

TWENTY-SECOND STATE LEGISLATURE

REGULAR SESSION, 2004

March 5, 2004

30th Day

ORDER OF BUSINESS

 

Invocation - Vice Speaker Sylvia J. Luke

Roll Call

Reading of the Journal

Messages from the Governor

Received message numbers 142 through 144.

Senate Communications

Received communications transmitting the following Senate Concurrent Resolutions, both having been adopted in the Senate:

S.C.R. No. 19 S.C.R. No. 20

Received communications transmitting the following Senate Bills, all having passed Third Reading in the Senate:

S.B. No. 2009 S.D. 1 S.B. No. 2905

S.B. No. 2678 S.D. 1 S.B. No. 2951 S.D. 1

S.B. No. 2882 S.D. 1 S.B. No. 3031 S.D. 1

S.B. No. 2896 S.B. No. 3238 S.D. 2

 

ORDER OF THE DAY

Unfinished Business

Education/Judiciary

H.B. No. 33, H.D. 2

Constitutional Amendment - BOE Exclusive Jurisdiction

(See Stand. Comm. Rep. No. 480-04)

PASS THIRD READING

Education/Judiciary

H.B. No. 1895, H.D. 1

Constitutional Amendment - Elected Local School Boards

(See Stand. Comm. Rep. No. 481-04)

PASS THIRD READING

 

H.B. No. 1897, H.D. 1

Constitutional Amendment - BOE Membership 16 Years of Age

(See Stand. Comm. Rep. No. 482-04)

PASS THIRD READING

 

Consumer Protection and Commerce

Stand. Comm. Rep. No. 565-04

H.B. No. 2092, H.D. 2

Medical and Surgical Licensure

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 566-04

H.B. No. 2093, H.D. 1

Dentists and Dental Hygienists Community Service Licensure

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 567-04

H.B. No. 2981, H.D. 1

APRNs Prescriptive Authority

AS AMENDED, PASS THIRD READING

Consumer Protection and Commerce

Stand. Comm. Rep. No. 568-04

H.B. No. 2798, H.D. 1

Pharmacists Intranasal and Oral Delivery

AS AMENDED, PASS THIRD READING

Finance

Stand. Comm. Rep. No. 569-04

H.B. No. 2547, H.D. 2

UH Foundation

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 570-04

H.B. No. 1893, H.D. 2

GEAR UP Hawaii Scholarship Trust Fund

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 571-04

H.B. No. 1904, H.D. 1

National Guard Members and Reservists Compensation - Income Tax Deduction

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 572-04

H.B. No. 2397, H.D. 1

Emergency Appropriation - Hawaii State Disaster Revolving Loan Fund

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 573-04

H.B. No. 2803, H.D. 1

DPS Narcotics Enforcement Division Appropriation

AS AMENDED, PASS THIRD READING

Judiciary

Stand. Comm. Rep. No. 574-04

H.B. No. 2493, H.D. 1

Civil Natural Resource Violations Act

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 575-04

H.B. No. 2498, H.D. 1

DLNR Interim Rulemaking to Protect Indigenous Species

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 576-04

H.B. No. 2341, H.D. 1

Agribusiness Development Corporation Board of Directors Staggered Terms

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 577-04

H.B. No. 2781, H.D. 2

Hawaii Convention Center Licensees Records

AS AMENDED, PASS THIRD READING

Finance

Stand. Comm. Rep. No. 578-04

H.B. No. 1929, H.D. 1

Hawaii 3R's Program and DAGs R & M Coordinator Appropriations

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 579-04

H.B. No. 2009, H.D. 1

Agricultural Research and Market Development Appropriation

AS AMENDED, PASS THIRD READING

Finance

Stand. Comm. Rep. No. 580-04

H.B. No. 2314, H.D. 2

OEQC EIS Review

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 581-04

H.B. No. 2394, H.D. 1

HCDA Complaint Investigation Procedures for Kalaeloa Community Development District

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 582-04

H.B. No. 2523, H.D. 1

Passenger Facility Charges Conformity

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 583-04

H.B. No. 1908, H.D. 2

Federal Impact Aid - DOE Military Liaison and Joint Venture Education Forum

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 584-04

H.B. No. 2109, H.D. 2

Long-term Care Tax Credit

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 585-04

H.B. No. 2840, H.D. 1

Kalaeloa Technical Park Project Feasibility Appropriation

AS AMENDED, PASS THIRD READING

Finance

Stand. Comm. Rep. No. 600-04

H.B. No. 1747, H.D. 2

University Projects and Purposes

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 601-04

H.B. No. 2849, H.D. 1

Waianae Organic Agriculture Center Appropriation

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 602-04

H.B. No. 2859, H.D. 2

International Equestrian Facility Working Group

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 603-04

H.B. No. 1756, H.D. 2

Electricore Inc. SPRBs

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 604-04

H.B. No. 1778, H.D. 2

Electronic Pay Statements

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 605-04

H.B. No. 1860, H.D. 1

Child Abuse and Neglect - State Income Tax Refunds

AS AMENDED, PASS THIRD READING

Finance

Stand. Comm. Rep. No. 606-04

H.B. No. 1793, H.D. 2

Land Exchange - BLNR and George Galbraith Trust

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 607-04

H.B. No. 2528, H.D. 2

Conservation Land Tax Credit

AS AMENDED, PASS THIRD READING

 

Stand. Comm. Rep. No. 608-04

H.B. No. 1946, H.D. 1

Beach Restoration and Protection Income Tax Check-off

AS AMENDED, PASS THIRD READING

   

Reports of Standing Committees

Consumer Protection and Commerce

Stand. Comm. Rep. No. 634-04

H.B. No. 1729, H.D. 1

Condominium Common Elements Use for Telecommunications Equipment

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 635-04

H.B. No. 1762, H.D. 1

Insurance Rate Reductions Filing

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Consumer Protection and Commerce

Stand. Comm. Rep. No. 636-04

H.B. No. 2974, H.D. 1

Pest Control Operators Disciplinary Action

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 637-04

H.B. No. 2143, H.D. 2

Gift Certificates

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Labor and Public Employment

Stand. Comm. Rep. No. 638-04

H.B. No. 2464, H.D. 1

Civil Servant Return to Former Position or Comparable Position

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 639-04

H.B. No. 2740, H.D. 1

Notification of Employment Changes

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Energy and Environmental Protection

Stand. Comm. Rep. No. 640-04

H.B. No. 1840, H.D. 1

Air Pollution Control - Fugitive Dust

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Consumer Protection and Commerce/Judiciary

Stand. Comm. Rep. No. 641-04

H.B. No. 2633, H.D. 1

Monopolies - Restraint of Trade

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Judiciary

Stand. Comm. Rep. No. 642-04

H.B. No. 2378

Sovereign Immunity of Boards and Commissions

PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 643-04

H.B. No. 2320, H.D. 1

Victim Restitution

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 644-04

H.B. No. 1765, H.D. 1

Nonattendance of Board Member - Expiration of Term

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 645-04

H.B. No. 2717, H.D. 1

Lien for Services - Personal Injury Case

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

 

Judiciary

Stand. Comm. Rep. No. 646-04

H.B. No. 2786, H.D. 1

Arbitration Costs and Attorney Fees - Insurance Disputes

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 647-04

H.B. No. 2691, H.D. 1

Aggravated Cruelty to Animals

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Water, Land Use and Hawaiian Affairs

Stand. Comm. Rep. No. 648-04

H.B. No. 87, H.D. 2

Beachboy Services

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Judiciary

Stand. Comm. Rep. No. 649-04

H.B. No. 1796, H.D. 1

Violation of Privacy - Digital Recordings; Exempt Electronic Communication Service Provider or Remote Storage Service

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Consumer Protection and Commerce

Stand. Comm. Rep. No. 650-04

H.B. No. 1259, H.D. 1

Uniform Commercial Code

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 651-04

H.B. No. 1472, H.D. 1

Time Share Resales

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Finance

Stand. Comm. Rep. No. 652-04

H.B. No. 2749

Transfers for Central Services Expenses Obsolete Date

PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 653-04

H.B. No. 2579, H.D. 1

CB Units 2, 3, 4, 6, 8, 13 and Excluded Officers and Employees Appropriations

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

 

Consumer Protection and Commerce/Judiciary

Stand. Comm. Rep. No. 654-04

H.B. No. 2788, H.D. 1

Mortgage Broker and Solicitor Examination

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Judiciary

Stand. Comm. Rep. No. 655-04

H.B. No. 2254

Sexual Penetration Definition

PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 656-04

H.B. No. 2259, H.D. 1

Misuse of 911 Emergency Telephone Service

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 657-04

H.B. No. 1980, H.D. 1

Family Court Judge Review

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 658-04

H.B. No. 537, H.D. 1

Civil Rights

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Judiciary

Stand. Comm. Rep. No. 659-04

H.B. No. 698, H.D. 1

Criminal Trespass

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Finance

Stand. Comm. Rep. No. 660-04

H.B. No. 634

Waianae Coast Comprehensive Health Center Appropriation

PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 661-04

H.B. No. 2280

G.O. Bonds Declaration

PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 662-04

H.B. No. 2748

State Finances - Validation of Proceedings

PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 663-04

H.B. No. 2136, H.D. 1

Procurement Debarment or Suspension Provisions

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Finance

Stand. Comm. Rep. No. 664-04

H.B. No. 432, H.D. 1

Stream Erosion Control Study Appropriation

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 665-04

H.B. No. 2581, H.D. 1

CB Unit 10 Appropriations

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 666-04

H.B. No. 2703, H.D. 1

Impact Fees and Highway Development Special Fund

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 667-04

H.B. No. 2722, H.D. 1

Ala Wai Watershed Improvements G.O. Bonds

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 668-04

H.B. No. 2759, H.D. 1

Pupukea-Paumalu Land Purchase Appropriation

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Finance

Stand. Comm. Rep. No. 669-04

H.B. No. 2573, H.D. 1

State Funds Linked Investments

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Judiciary

Stand. Comm. Rep. No. 670-04

H.B. No. 2361, H.D. 1

Public Agency Meetings

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 671-04

H.B. No. 2370, H.D. 1

Electronic Surveillance

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 672-04

H.B. No. 2301, H.D. 1

Appellate Jurisdiction

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Judiciary/Consumer Protection and Commerce

Stand. Comm. Rep. No. 673-04

H.B. No. 2674, H.D. 1

Identity Theft

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Consumer Protection and Commerce/Judiciary

Stand. Comm. Rep. No. 674-04

H.B. No. 2768

Trade Regulation - Indirect Purchasers

PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Finance

Stand. Comm. Rep. No. 675-04

H.B. No. 2742, H.D. 2

Compliance Resolution Fund Repeal

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 676-04

H.B. No. 2743, H.D. 2

Non-general Funds Transfer

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Judiciary

Stand. Comm. Rep. No. 677-04

H.B. No. 862, H.D. 1

Death with Dignity

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

   

 

Third Reading

Finance

 

H.B. No. 1784, H.D. 1

Income Tax Standard Deduction and Personal Exemption Amounts

(See Stand. Comm. Rep. No. 588-04)

PASS THIRD READING

 

 

H.B. No. 2596, H.D. 1

Earned Income Tax Credit

(See Stand. Comm. Rep. No. 589-04)

PASS THIRD READING

 

 

H.B. No. 1944, H.D. 1

Worldwide Energy Group Inc. SPRBs

(See Stand. Comm. Rep. No. 590-04)

PASS THIRD READING

 

 

H.B. No. 2057, H.D. 1

Covanta Honolulu Resource Recovery Venture SPRBs

(See Stand. Comm. Rep. No. 591-04)

PASS THIRD READING

Finance

 

H.B. No. 2170, H.D. 1

Rehabilitation Hospital of the Pacific SPRBs

(See Stand. Comm. Rep. No. 592-04)

PASS THIRD READING

 

 

H.B. No. 2322, H.D. 1

Aloun Farms SPRBs

(See Stand. Comm. Rep. No. 593-04)

PASS THIRD READING

 

 

H.B. No. 2739, H.D. 1

HTDC SPRBs

(See Stand. Comm. Rep. No. 594-04)

PASS THIRD READING

Consumer Protection and Commerce

 

H.B. No. 2773, H.D. 1

Amateur Radio Operations in Condominiums

(See Stand. Comm. Rep. No. 595-04)

PASS THIRD READING

 

 

H.B. No. 2774, H.D. 1

Amateur Radio Operations in Subdivisions

(See Stand. Comm. Rep. No. 596-04)

PASS THIRD READING

Judiciary

 

H.B. No. 2297, H.D. 1

Uniform Guardianship and Protective Proceedings Act

(See Stand. Comm. Rep. No. 597-04)

PASS THIRD READING

Finance

 

H.B. No. 2578, H.D. 1

Honolulu Seawater Air Conditioning LLC SPRBs

(See Stand. Comm. Rep. No. 598-04)

PASS THIRD READING

 

 

H.B. No. 2584, H.D. 1

CB Unit 1 Appropriations

(See Stand. Comm. Rep. No. 599-04)

PASS THIRD READING

 

 

H.B. No. 2580

Office of the Auditor, State Ethics Commission, LRB and Office of the Ombudsman - Salary Increases and Cost Adjustments

(See Stand. Comm. Rep. No. 626-04)

PASS THIRD READING

 

 

H.B. No. 2582

CB Unit 7 Appropriations

(See Stand. Comm. Rep. No. 627-04)

PASS THIRD READING

Finance

 

H.B. No. 2583

CB Unit 5 Appropriations

(See Stand. Comm. Rep. No. 628-04)

PASS THIRD READING

 

 

H.B. No. 2446

Emergency Appropriation - CB Units 1 and 5

(See Stand. Comm. Rep. No. 629-04)

PASS THIRD READING

 

 

H.B. No. 2354

Emergency Appropriation - State Risk Management Revolving Fund

(See Stand. Comm. Rep. No. 630-04)

PASS THIRD READING

 

 

H.B. No. 2747

DOTAX Investigators Powers and Authority

(See Stand. Comm. Rep. No. 631-04)

PASS THIRD READING

Health

 

H.B. No. 557, H.D. 1

DOH Rules for Sale of Fish

(See Stand. Comm. Rep. No. 632-04)

PASS THIRD READING

Labor and Public Employment

 

H.B. No. 2463

Performance Appraisal Systems

(See Stand. Comm. Rep. No. 633-04)

PASS THIRD READING

   

Introduction of Resolutions

 

Announcements

House will be in recess on Monday, March 8, 2004

House will convene at 9:00 a.m. on Tuesday, March 9, 2004.